WAYNE TOWNSHIPRETAINING TANK ORDINANCE /11

YEAR- 2012

BE IT ENACTED AND ORDAINED by the Supervisors of Wayne Townshipof Lawrence County, Pennsylvania, and it is hereby enacted and ordained as follows:

Section 1. Purposes The purpose of this Ordinance is to establish procedures for the useand maintenance of new retaining tanks designed to receive and retain sewage whetherfrom residential or commercial uses and it is hereby declared that the enactment of thisOrdinance is necessary for the protection, benefit and preservation of the health, safetyand welfare of the inhabitants of this municipality.

Section 2. Definitions. Unless the context specifically and clearly indicates otherwise,the meaning of terms used in the Ordinance shall be as follows:

A. "Authority" shall mean Supervisors of Wayne Township, LawrenceCounty, Pennsylvania.

B. "Chemical Toilet" shall mean a permanent or portable nonflushing toiletusing chemical treatment in the retaining tank for odor control.

C. "Compo sting Toilet" shall mean a device for holding and processinghuman and organic kitchen waste employing the process of biologicaldegradation through the action of microorganisms to produce a stable,humus-like material.

D. "Holding Tank" shall mean a tank, whether permanent or temporary, towhich sewage is conveyed by a water-carrying system.

E. "Improved property" shall mean any property within the Township uponwhich there is erected a structure intended for continuous or periodichabitation, occupancy or use by human beings or animals and from whichstructure sewage shall or may be discharged.

F. "Incinerating Toilet" shall mean a device capable of reducing wastematerials to ashes.

G. "Municipality" shall mean Wayne Township, Lawrence County,Pennsylvania.

H. "Owner" shall mean any person vested with ownership, legal or equitable,sole or partial, of any property located in the Township.

1. "Person" shall mean any individual, partnership, company, association,corporation or other group or entity.

B. The Authority will receive, review and retain pumping receipts frompermitted retaining tanks.

C. The Authority will complete and retain annual inspection reports for eachpermitted tank.

Section 8. Duties of Improved Property Owner. The Owner of an improved propertythat utilizes a retaining tank shall:

A. Maintain the retaining tank in conformance with this or any Ordinance ofthis Township, the provisions of any applicable law, and the rules andregulations of the Authority and any administrative agency of theCommonwealth of Pennsylvania.

B. Permit the Authority or its agent to inspect retaining tanks on an annualbasis.

C. Permit only the Authority or its approved agent to collect, transport anddispose of the contents of the retaining tank.

Section 9. Violations. Any person who violates, or permits violation of, any provisionsof Section 8 shall be liable for a civil fine of up to $1,000 as well as payment of all Courtcosts and reasonable attorneys' fees incurred by the Municipality.

Section 10. Abatement of Nuisances. In addition to any other remedies provided in thisOrdinance, any violation of Section 8 above shall constitute a nuisance and shall beabated by the municipality or the Authority by either seeking mitigation of the nuisanceor appropriate equitable or legal relief from a court of competent jurisdiction.

Section 11 Repeal. All Ordinances or regulations or parts of Ordinances or resolutions,insofar as they are inconsistent herewith, be and the same are hereby repealed.

Section 12. Severability. If any sentence, clause, section, or part of this Ordinance is forany reason found to be unconstitutional, illegal, or invalid, such unconstitutionality,illegality, or invalidity shall not affect or impair any of the remaining provisions,sentences, clauses, or parts of this Ordinance. It is hereby declare as the intent of theBoard of Supervisors of the Township, that this Ordinance would have been adopted hadsuch unconstitutional, illegal, or invalid, sentence, clause, section or part thereof not beenincluded therein.

Section 13 Effective Date. This Ordinance shall become effective in the shortest timeallowed by law.

ENACTED AND ORDAINED into an Ordinance this Znd day of February____ , 2014 by the Supervisors of Wayne Township, Lawrence County in LawfulSession duly assembled.

J. "Privy" shall mean a tank designed to receive sewage where water underpressure is not available.

K. "Recycling toilet" shall mean a device in which the flushing medium isrestored to a condition suitable for reuse in flushing.

L. "Retaining tank" shall mean a watertight receptacle which receives andretains sewage and is designed and constructed to facilitation ultimatedisposal of the sewage at another site. The term includes, but is notlimited to, chemical toilets, holding tanks, privies, incinerating toilets,composting toilets and recycling toilets.

M. "Sewage" shall mean any substance that contains any of the wasterproducts or excrement or other discharge from the bodies of human beingsor animals and any noxious or deleterious substance harmful or inimical tothe public health, or to animal or aquatic life or to the use of water fordomestic water supply or for recreation or any substance which constitutespollution under the Clean Streams Law (35 PS. Sections 691.1-691.1011).

Section 3. Right and Privileges Granted. That the Authority is hereby authorized andempowered to undertake within the Township the control and methods of privy use,sewage disposal and sewage collection and transportation thereof.

Section 4. Rules and Regulations. The Authority is hereby authorized and empoweredto adopt such rules and regulations concerning sewage which it may deem necessaryfrom time to time to effect the purposes herein.

Section 5. Rules and Regulations to be in Conformity with Applicable Law. All suchrules and regulations adopted by the Authority shall be in conformity with the provisionsherein, all other Ordinances of the Township, and all applicable laws, and applicablerules and regulations of administrative agencies of the Commonwealth of Pennsylvania.

Section 6 Rates and Charges. 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 facilitiesat reasonable and uniform rates as authorized by applicable law.

Section 7. Exclusiveness of Rights and Privileges.

A. The collection and transportation of all sewage from any improvedproperty utilizing a retaining tank shall be done solely by or under thedirection and control of the Authority, and the disposal thereof shall bemade only at such site or sites as may be approved by the Department ofEnvironmental Protection of the Commonwealth of Pennsylvania.

SUPERVISORS OF WAYNE TOWNSHIPLAWRENCE COUNTY

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WAYNE TOWNSHIPRESOLUTION # 3 of 2012

HOLDING TANK ORDINANCEASSOCIA TED FEES

Wayne Township Application Fee $ 475.00

Annual Inspection by SEO $ 150.00

Municipal Pumping when required(add 10% per year escalation) $ 250.00

Minimum Escrow(This is held in a non-interestbearing checking account untilthe applicant removes the holdingtank) $ 300.00

Annual Fee without pumping $ 150.00

WHEREAS, these fees are to be attached to the Holding Tank Ordinance #! andmay be adjusted from year to year by resolution.

THEREFORE, The Board ofSuperviors of Wayne Township adopts the fees as listed this2nd dayof February, 2.012.

ATTEST:

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WAYNE TOWNSHIPRESOLUTION # 4

OF L012

Rules, Regulations

To Implement Ordinance # 1 of Holding Tank Ordinance.In accordance with Ordinance # 1 , the Township of Wayne herewith resolves

to enact the following Sewage Holding Tank Regulations.

1. Utilize Department of Environmental Protection form #3620-FM-WQ0290, as revised, the applicant/owner will make application to theTownship for the installation of a sewage holding tank.

2. The applicant/owner will pay the fees as herewith established.

3. The applicant/owner is responsible to submit holding tank pumping slipsalong with a report of condition by the authorized pumper.

4. The applicant/owner will pay for annual inspection by the Township ofWayne's Sewage Enforcement Officer with the first inspection to occursix months after installation and every year annual from that date.

5. The Township of Wayne will exempt all temporary holding tanks from theplanning requirements of the Department of Environmental Protection. Asauthorized by the department, such installations are limited to eighteen(18) months.

6. The Sewage Enforcement Officer will issue a permit for the installation ofholding tanks if the applicant is found to meet all applicable lawsregulating.

7. Upon installation inspection, the Wayne Township Secretary will issue anannual license for operation as such license must be applicable for andissued as the end of 1 year.

8. An individual sewage system and holding tank agreement must beexecuted prior to construction permit issuance. Operation andmaintenance is required for those systems and the escrow of funds toguarantee such is required at the time of license issue.

9. Only domestic sanitary sewage waste may be discharged to the holdingtank.

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