[HISTORY: Adopted by the Board of Commissioners of the Township of Muhlenberg 5-6-1974 by Ord. No. 120. Amendments noted where applicable.]
The purpose of this chapter is to establish procedures for the use and maintenance of 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 Township.
Unless the context specifically and clearly indicates otherwise, the meanings of terms used in this chapter shall be as follows:
- The Muhlenberg Township Municipal Authority, a Pennsylvania municipal authority.
- A civil engineer registered in Pennsylvania and retained as a full-time employee of Muhlenberg Township.
- HOLDING TANK
- A watertight receptacle which 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:
- 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.
- Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
- Any individual, partnership, company, association, corporation or other group or entity.
- 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, to animal or aquatic life or to the use of water for domestic water supply or for recreation.
- Muhlenberg Township, Berks County, Pennsylvania.
The Township is hereby authorized and empowered to undertake within the Township the control and methods of holding tank sewage disposal and the collection and transportation thereof.
The Township is hereby authorized and empowered to adopt such rules and regulations concerning sewage as it may deem necessary from time to time to effect the purposes herein.
All such rules and regulations adopted by the Township 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.
The Township and 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.
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.
The owner of an improved property that utilizes a holding tank shall:
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.
Permit only the Township or anyone acting under the direction of the Township to collect, transport and dispose of the contents therein.
[Amended 3-1-1982 by Ord. No. 188; 11-7-1988 by Ord. No. 250]
Any person violating any of the provisions of this chapter shall be punishable, upon conviction thereof, by a fine of not less than $60 nor more than $600 and costs of prosecution or by imprisonment in the Berks County Prison for not more than 90 days, or by both fine and imprisonment. In the event of the imposition of a fine only, default in payment of such fine and costs of prosecution shall subject the violator to imprisonment in the Berks County Prison for not more than 90 days.
Editor's Note: This ordinance also provided that the fines and penalties may be collected by suit brought in the name of the Township before any Justice of the Peace, in like manner as debts of like amount may be sued for by existing laws, and to remit such fines and penalties.
In addition to any other remedies provided in this chapter, any violation of § 114-8 above shall constitute a nuisance and may be abated by the municipality or the Township by seeking either appropriate equitable or legal relief from a court of competent jurisdiction.