[Ord. 130, 11/19/1990, § 1]
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 municipality.
[Ord. 130, 11/19/1990, § 2]
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this Part shall be as follows:
The Board of Supervisors of Lower Heidelberg Township, Berks
County, Pennsylvania.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage conveyed by a water carrying system
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site.
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.
The Township of Lower Heidelberg, Berks County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole
or partial, or 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, or to animal or aquatic life or to the use of
water for domestic water supply or for recreation.
[Ord. 130, 11/19/1990, § 3]
The Authority is hereby authorized and empowered to undertake
within the Township the control and methods of holding tank use, sewage
disposal and sewage collection and transportation thereof.
[Ord. 130, 11/19/1990, § 4]
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.
[Ord. 130, 11/19/1990, § 5]
All such rules and regulations adopted by the Authority 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. 130, 11/19/1990, § 6]
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 facilities at reasonable and uniform rates as authorized
by applicable law.
[Ord. 130, 11/19/1990, § 7]
(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.
[Ord. 130, 11/19/1990, § 8]
The owner of an improved property that utilizes a holding tank
shall:
(a)
Maintain the holding tank in conformance with this or any ordinance
of this Township, 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 only the Authority or its agent to collect, transport and
dispose of the contents therein, or, if directed by the Authority,
the Owner shall select an approved, licensed hauler, with whom the
owner shall enter into a written contract for the hauling and disposal
of the contents therein. The contract must be in a form approved by
the Authority Solicitor, and must be executed between the owner, the
hauler, and an approved sewage disposal location operator approved
by the Pennsylvania Department of Environmental Resources.
[Ord. 130, 11/19/1990, § 9]
Any person who violates any provisions of this Part shall, upon
conviction thereof, be sentenced to pay a fine of not less than $600,
and in default of payment, to imprisonment for a term not to exceed
30 days. Every day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 130, 11/19/1990, § 10]
In addition to any other remedies provided in this Part, any
violation of Section 108 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.
[Ord. 130, 11/19/1990, § 12]
If any sentence, clause, section or part of this Part is for
any 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, sections
or parts of this Part. It is hereby declared as the intent of the
Board of Supervisors of the Township that this Part would have been
adopted had such constitutional, illegal or invalid sentence, clause,
section or part thereof not been included therein.
