[Adopted 8-22-2005 by Ord. No. 385]
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. 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 meaning of terms used in this article shall
be as follows:
The Commissioners of Upper Pottsgrove Township, Montgomery
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 being or animals and from which structure sewage shall
or may be discharged.
The Township of Upper Pottsgrove, Montgomery County, Pennsylvania.
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 water 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 or any substance
which constitutes pollution under the Clean Stream Law (35 P.S. § 691.1-691.1001).
The agency 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.
The agency 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.
All such rules and regulations adopted by the
agency shall be in conformity with the provision herein, all other
ordinances of the Township, and all applicable laws, and applicable
rules and regulations of the administrative agencies of the Commonwealth
of Pennsylvania.
The agency 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.
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 agency, and the disposal
thereof shall be made only at such site or sites as may be approved
by the Department of Environmental Protection of the Commonwealth
of Pennsylvania.
B.
The agency will receive, review and retain pumping
receipts from permitted holding tanks.
C.
The agency will complete and retain annual inspection
reports for each permitted holding tank.
D.
The agency shall receive, review and retain disposal
receipts for all loads from disposal sites which shall be approved
by PA DEP.
The owner of an improved property that utilizes
a holding tank shall:
A.
Maintain the holding tank in conformance with this
article or any ordinance of this Township, the provisions of any applicable
law, and the rules and regulations of the agency and any administrative
agency of the Commonwealth of Pennsylvania.
B.
Permit only the agency or its agent to inspect holding
tanks on an annual basis.
C.
Permit only those persons approved by the agency to
collect, transport, and dispose of the contents therein.
Any person who violates any provisions of § 275-51, shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $500 nor more than $5,000 for each day the violation continues, and in default of said fine and costs, undergo imprisonment in the county prison for a period not in excess of 90 days.
In addition to any other remedies provided in this article, any violation of § 275-51 above shall constitute a nuisance and shall be abated by the municipality or the agency by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
