Part 2
Holding Tanks
§18-201 Purposes.
The purpose of this Part is to establish procedures for the use and maintenance of existing and new holding tanks designed to receive and retain sewage whether from residential or commercial uses and it is hereby declared that the enactment of this Part is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Township.
(Ord. 93-10-11-1, 10/11/1993, §1)
§18-202 Definitions.
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this Part shall be as follows:
Holding Tank - a watertight receptacle, whether permanent or temporary which receives, and retains sewage conveyed by water carrying system and is designed and constructed to facilitate the ultimate disposal of the sewage at another site.
Improved, Property - any property within the Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage shall or may be discharged.
Township - Township of Wolf, Lycoming County, Pennsylvania.
Owner - any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
Person - any individual, partnership, company, association, corporation or other group or entity.
Sewage - any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and any other noxious or deleterious substance being harmful or inimical to the public health or to animal or aquatic life or to the use of water for domestic water supply or for recreation.
Supervisors - the Board of Supervisors of Wolf Township.
(Ord. 93-10-11-1, 10/11/1993, §2)
§18-203 Right and Privileges Granted.
The Supervisors, or their designee, are hereby authorized and empowered to undertake within Wolf Township the control and methods of holding tank use, sewage disposal and sewage collection and transportation thereof.
(Ord. 93-10-11-1, 10/11/1993, §3)
§18-204 Rules and Regulations.
The Supervisors are hereby authorized and empowered to adopt such rules and regulations concerning sewage which it may deem necessary from time to time to effect the purposes herein.
(Ord. 93-10-11-1, 10/11/1993, §4)
§18-205 Rules and Regulations to be in Conformity with Applicable Law.
All such rules and regulations adopted by the Supervisors shall be in conformity with the provisions herein, all other ordinances of the Township, and all applicable, laws, and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.
(Ord. 93-10-11-1, 10/11/1993, §5)
§18-206 Rates and Charges.
The Supervisors 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.
(Ord. 93-10-11-1, 10/11/1993, §6)
§18-207 Exclusiveness of Rights and Privileges.
1. 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 Supervisors or their designee, and the disposal thereof shall be made only at such site or sites as may be approved by the Department of Environmental Protection of the Commonwealth of Pennsylvania. [Ord. 2004-1]
2. The Supervisors or their designee will receive, review and retain pumping receipts from permitted holding tanks.
3. The Supervisors or their designee will complete and retain annual inspection reports for each permitted tank.
(Ord. 93-10-11-1, 10/11/1993, §7; as amended by Ord. 2004-1, 3/8/2004)
§18-208 Duties of Improved Property Owner.
The owner of an improved property that utilizes a holding tank shall:
A. Maintain the holding tank in conformance with this Chapter or any ordinance of this Township, the provisions of any applicable law, and the rules and regulations of the Township and any administrative agency of the Commonwealth of Pennsylvania.
B. Permit only the Supervisors or their designee to inspect holding tanks on an annual basis.
C. Permit only the Supervisors or their designee to collect, transport, and dispose of the contents therein.
(Ord. 93-10-11-1, 10/11/1993, §8)
§18-209 Violations.
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.
(Ord. 93-10-11-1, 10/11/1993, §9; as amended by Ord. 2004-1, 3/8/2004)
§18-210 Abatement of Nuisances.
In addition to any other remedies provided in this Part, any violation of §18-208 above shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
(Ord. 93-10-11-1, 10/11/1993, §10)