The purpose of this article is to establish
procedures for the use and maintenance of holding tanks designed to
receive and retain sewage whether from industrial or commercial uses
and related accessory uses which shall include residences but not
be limited thereto 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 Township.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
HOLDING TANK
A watertight receptacle which receives and retains sewage
and is designated and constructed to facilitate ultimate disposal
of the sewage at another site. Holding tanks include, but are not
limited to, the following:
B.
RETENTION TANKA holding tank where sewage is conveyed to it by a water-carrying system.
C.
VAULT PIT PRIVYA 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.
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 supply or for recreation.
TOWNSHIP
Hatfield Township, Montgomery County, Pennsylvania.
The Township, or its designated agents, 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, or its designated agents, 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
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 shall have the right and power
to fix, alter, charge and collect rates and assessments in the area
served by its facilities at reasonable and uniform rates as authorized
by applicable law. In addition thereto, the Township shall have the
right to establish escrow funds and requirements to provide proper
maintenance and operation of holding tanks and supporting facilities.
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 or its
designated agents 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.
The owner of an improved property that utilizes
a holding tank shall:
A. Maintain the holding tank in conformity with this
or any ordinances 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 Township or its designated agents
or anyone having a contract with the property owner approved by the
Township and the Department of Environmental Protection to collect,
transport, and dispose of the contents therein.
[Amended 9-28-1994 by Ord. No. 420]
Any person who shall violate any provisions
of this article shall, upon conviction, be sentenced to pay a fine
not exceeding $1,000 and costs and, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Each day that a violation of this article continues shall constitute
a separate offense.
In addition to any other remedies provided in this article, any violation of §
224-8 above shall constitute a nuisance and may be abated by the Township or the Authority by either seeking appropriate equitable or legal relief from the court of competent jurisdiction.