Township of Whitemarsh, PA Chapter 62 Holding Tanks

[HISTORY: Adopted by the Board of Supervisors of the Township of Whitemarsh 7-10-1980 by Ord. No. 391. Amendments noted where applicable.]

GENERAL REFERENCES

Sewers — See Ch. 95.

§ 62-1 Definitions. [1]

As used in this chapter, the following terms shall have the meanings indicated:

APPROVED SANITARY HAULER

Any person who is engaged in the business of collection and transportation of sewage in the Township and who has been approved by the Pennsylvania Department of Environmental Resources.

HOLDING TANK

A watertight receptacle that receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. Holding tanks include but are not limited to the following:

A. CHEMICAL TOILET A toilet using chemicals that discharge to a holding tank.

B. RETENTION TANK A holding tank where sewage is conveyed to it by a water-carrying system.

C. VAULT PIT PRIVY A holding tank designed to receive sewage where water under pressure is not available.

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.

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 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 or for recreation.

TOWNSHIP

Whitemarsh Township, Montgomery County, Pennsylvania.

[1] Editor's Note: Original § 3-200, Short Title, which preceded this section, was omitted 3-18-1982 by Ord. No. 425.

§ 62-2 Sewage transportation and disposal.

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 Township, 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.

§ 62-3 Improved property owners.

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

A. Maintain the holding tank in conformance with this or any other ordinance of Whitemarsh Township, the provisions of any applicable law and the rules and regulations of Whitemarsh Township and any administrative agency of the Commonwealth of Pennsylvania.

B. Permit only persons acting under the authority of the Township to collect, transport and dispose of the contents therein.

C. Be responsible for the proper collection and disposal of the holding tank contents. Should the improved property owner fail to empty the holding tank as required, it shall be the responsibility of the Township to:

(1) Have an approved sewage hauler pump the holding tank.

(2) Charge the owner the actual cost of Subsection C(1) above, plus a 10% administrative fee.

(3) Institute proceedings to exact the fine for violation pursuant to § 62-7.

D. Enter into an agreement, approved by the Township Solicitor, to connect to public sewers as soon as they are made available to him.

§ 62-4 Sewage hauler duties.

The approved sewage hauler shall:

A. File a copy of the agreement between the sewage hauler and the facility into which the sewage is discharged to the Township.

B. File monthly reports to the Township indicating the dates the holding tank was cleaned and the amount pumped.

§ 62-5 Inspections.

The Township shall conduct semiannual inspections of the holding tank and charge the owner a fee pursuant to the fee schedule adopted by resolution of the Board of Supervisors.

§ 62-6 Abatement of nuisances.

In addition to any other remedies provided in this chapter, any violation of § 62-2 above shall constitute a nuisance and may be abated by the Township by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.

§ 62-7 Violations and penalties.

[Amended 3-18-1982 by Ord. No. 425; 12-8-1988 by Ord. No. 565]

Any person or persons, corporation, partnership or other entity whatsoever violating any of the provisions of this chapter shall, upon conviction, be sentenced to pay a fine not to exceed the maximum fine of $1,000, plus costs of prosecution, and, in default of payment of such costs and prosecution, imprisonment for a term not exceeding 30 days; provided, however, that if the District Justice determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Justice deems to be just.