[HISTORY: Adopted by the Borough Council of the Borough of
Middletown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-1-1993 by Ord.
No. 1037, approved 2-1-1993[1]]
[1]
Editor's Note: This ordinance superseded former Art.
I, Holding Tanks, adopted 2-12-1973 by Ord. No. 618, approved 2-12-1973.
The purpose of this article 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 article
is necessary for the protection, benefit and preservation of the health,
safety and welfare of the inhabitants of this municipality.
Unless the context specifically and clearly indicates otherwise,
the meanings of the terms used in this article shall be as follows:
Councilmen of the Borough of Middletown, Dauphin County,
Pennsylvania.
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.
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.
The Borough of Middletown, Dauphin County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Borough.
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 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.
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.
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.
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.
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.
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.
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 $100 and not more than $300 and, in default of said fine and costs, to undergo imprisonment in the county prison for a period not in excess of 30 days.
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 by Ord. No. 660, approved 3-10-1975]
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,[1] 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,[2] 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 $60.
