1041.04 RULES AND REGULATIONS.

(a) The Authority is hereby authorized and empowered to adopt such rules and regulations concerning the operation and maintenance of holding tanks within the Township which it may deem necessary, from time to time, to effect the purposes of this chapter.

(b) All such rules and regulations adopted by the Authority shall be in conformity with the provisions of this chapter, all other ordinances of the Township, all applicable laws and all applicable rules and regulations of the Department.

(Ord. 712. Passed 10-20-93.)

1041.05 TEMPORARY USES; PERMITS; INSPECTIONS.

(a) Holding tanks may be used only in accordance with the provisions of this chapter to serve as a temporary means of sewage disposal from existing structures within the Township where on-lot sewage disposal systems have been found to be unsuitable; as a temporary means of sewage disposal to repair an existing malfunctioning on-lot sewage disposal system; or as a temporary means of sewage disposal for new construction in any area of the Township for which a revision of the Township’s Official Sewage Facilities Plan has been approved by the Department.

(b) Any owner seeking to use a holding tank for sewage disposal on any lot situated in the Township shall first obtain a permit for a holding tank from the Officer.

(c) Applications for permits for the use of holding tanks shall be reviewed in accordance with the applicable provisions of Title 25, Pennsylvania Consolidated Statutes, Chapter 72.

(d) Holding tanks shall comply with the requirements of Title 25, Pennsylvania Consolidated Statutes, Chapter 73, paragraph 73.62, or other applicable rules and regulations of the Department.

(e) All installations of holding tanks shall be inspected and approved by the Officer prior to covering or use in accordance with the applicable provisions of Title 25, Pennsylvania Consolidated Statutes, Chapter 72, paragraph 72.30, or other applicable rules and regulations of the Department.

(Ord. 712. Passed 10-20-93.)

1041.06 RATES, CHARGES AND FEES.

(a) The Authority shall have the right and power to fix, alter, charge and collect rates, assessments and other charges in the area served by its facilities at reasonable and uniform rates as authorized by applicable law.

(b) The Township shall have the right and power to fix, alter, charge and collect fees necessary to cover the costs of inspections and the administration of this chapter. Payment of these fees shall be the responsibility of the owner of the improved property that is served by the holding tank.

(Ord. 712. Passed 10-20-93.)

1041.07     EXCLUSIVENESS OF RIGHTS AND PRIVILEGES; INSPECTION REPORTS; RIGHT OF ENTRY.

(a) The collection and transportation of all sewage from any improved property utilizing a holding tank shall be done solely by, or under the direction and control of, the Authority, and the disposal thereof shall be made only at such sites as approved by the Department.

(b) The Authority shall receive, review and retain pumping receipts from the owners of all permitted holding tanks.

(c) Annually, the Authority shall complete and retain written inspection reports for each permitted holding tank.

(d) The Authority, the Officer and the SEO shall have the right to enter upon any improved property that is served by a holding tank for the purposes of making inspections of said holding tank. Inspections shall be made on an annual basis as provided in subsection Cc) hereof or at any other reasonable time to assure compliance with the provisions of this chapter.

(Ord. 712. Passed 10-20-93.)

1041.08 DUTIES OF IMPROVED PROPERTY OWNERS, The owner of an improved property that utilizes a holding tank shall:

(a)     Maintain the holding tank in conformity with this or any ordinance of the Township, the provisions of any applicable law, and the rules and regulations of the Authority and any administrative agency of the Commonwealth.

(b)     Permit only the Authority, the Officer or the SEO to inspect holding tanks on an annual basis or at other times in order to investigate a reported nuisance.

(c)    Permit only the Authority or its agent to collect, transport and dispose of the contents of holding tanks.

(Ord. 712. Passed 10-20-93.)

1041.99 PENALTY; EQUITABLE REMEDIES.

(EDITOR’S NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.)

In addition to any other remedies provided in this chapter and in Section 202.99, any violation of Section 1041.08 shall constitute a nuisance and shall be abated by the Township, the Officer, the SEO or the Authority by seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction. (Ord. 712. Passed 10-20-98.)

1994 Replacement