Borough of Middletown, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Middletown: Art. I, 2-1-1993 as Ord. No. 1037, approved 2-1-1993; Art. II, 3-10-1975 as Ord. No. 660, approved 3-10-1975. Amendments noted where applicable.]
GENERAL REFERENCES

Code enforcement — See Ch. 127.

Plumbing — See Ch. 203.

Sewers — See Ch. 226.

Vector control — See Ch. 250.

ARTICLE I
Holding Tanks (§ 224-1 — § 224-6.3) 

ARTICLE II
Inspection Fees (§ 224-7) 

[Adopted 2-1-1993 as Ord. No. 1037, approved 2-1-1993
Editor's Note: This ordinance superseded former Art. I, Holding Tanks, adopted 2-12-1973 as Ord. No. 618, approved 2-12-1973.
]

§ 224-1
Purpose. 

§ 224-2
Definitions. 

§ 224-3
Control and methods of use. 

§ 224-4
Rules and regulations. 

§ 224-5
Rates and charges. 

§ 224-6
Exclusiveness of rights and privileges. 

§ 224-6.1
Duties of improved property owner. 

§ 224-6.2
Violations and penalties. 

§ 224-6.3
Abatement of nuisance. 

§ 224-1 Purpose.

The purpose of this chapter 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 chapter is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this municipality.

§ 224-2 Definitions.

Unless the context specifically and clearly indicates otherwise, the meanings of the terms used in this chapter shall be as follows:

AUTHORITY
Councilmen of the Borough of Middletown, Dauphin County, Pennsylvania.
HOLDING TANK
A watertight receptacle, whether permanent or temporary, which receives and retains sewage conveyed by a water-carrying system and designed and constructed to facilitate the ultimate disposal of the sewage at another site.
IMPROVED PROPERTY
Any property within the borough 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.
MUNICIPALITY
The Borough of Middletown, Dauphin County, Pennsylvania.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the borough.
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 noxious or deleterious substances 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.

§ 224-3 Control and methods of use.

The Authority is hereby authorized and empowered to undertake within the borough the control and methods of holding tank use, sewage disposal and sewage collection and transportation thereof.

§ 224-4 Rules and regulations.

A. 

The Authority is 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.

B. 

All such rules and regulations adopted by the Authority shall be in conformity with the provisions herein, all other ordinances of the borough and all applicable laws and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.

§ 224-5 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 serviced by its facilities at reasonable and uniform rates as authorized by applicable law.

§ 224-6 Exclusiveness of rights and privileges.

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 site or sites as may be approved by the Department of Environmental Resources of the Commonwealth of Pennsylvania.

B. 

The Authority will receive, review and retain pumping receipts from permitted holding tanks.

C. 

The Authority will complete and retain annual inspection reports for each permitted tank.

§ 224-6.1 Duties of improved property owner.

The owner of the improved property that utilizes a holding tank shall:

A. 

Maintain the holding tank in conformance with this Article or any ordinance of the borough, the provisions of any applicable law and the rules and regulations of the Authority and any administrative agency of the Commonwealth of Pennsylvania.

B. 

Permit only the Authority or its agent to inspect holding tanks on an annual basis.

C. 

Permit the Authority or its agents to collect, transport and dispose of the contents therein.

§ 224-6.2 Violations and penalties.

Any person who violates any provisions of § 224-6.1 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than one hundred dollars ($100.) and not more than three hundred dollars ($300.) and, in default of said fine and costs, to undergo imprisonment in the county prison for a period not in excess of thirty (30) days.

§ 224-6.3 Abatement of nuisance.

In addition to any other remedies provided in this Article, any violations of § 224-6.1 above shall constitute a nuisance and shall be abated by the municipality or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.

[Adopted 3-10-1975 as Ord. No. 660, approved 3-10-1975]

§ 224-7
Establishment of fees authorized. 

§ 224-7 Establishment of fees authorized.

Whenever an interested party requests an inspection or testing with respect to sewage facilities, whether a holding tank under Article I of this chapter or any item the administration of which has been delegated to the borough by the Pennsylvania Sewage Facilities Act, as amended,

Editor's Note: See 35 P.S. § 750.1 et seq.
or covered by regulations of the Department of Environmental Resources, such as Chapters 71 and 73 of its Regulations for Administration of Sewage Facilities Program, such party shall first pay a fee to the Borough of Middletown consistent with the cost thereof and the time devoted to such purpose by the Code Enforcement Officer as Sewage Enforcement Officer, who conducts such inspections, tests or investigations necessary to implement said Act and the rules and regulations thereunder. Since such inspections are very time consuming in a number of such situations, the cost and time involved in any such instance shall be estimated by the Borough Manager in terms of the current hourly rate of the borough's Sewage Enforcement Officer. As experience reveals certain situations which may fairly be standardized, the Borough Manager is authorized to develop (and to report to the Borough Council) and to apply a schedule of such fees. As a starting point in all cases, the minimum fee shall be sixty dollars ($60.).