As used in this chapter, the following terms shall have the meanings
indicated:
APPROVED SANITARY HAULER
Any person who is engaged in the business of collection and transportation
of sewage in the Township and who has been approved by the Pennsylvania Department
of Environmental Resources.
HOLDING TANK
A watertight receptacle that 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:
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.
OWNER
Any person vested with ownership, legal or equitable, sole or partial,
of any property located in the Township.
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 or for recreation.
TOWNSHIP
Whitemarsh Township, Montgomery County, Pennsylvania.
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:
A. Maintain the holding tank in conformance with this or
any other ordinance of Whitemarsh Township, the provisions of any applicable
law and the rules and regulations of Whitemarsh Township and any administrative
agency of the Commonwealth of Pennsylvania.
B. Permit only persons acting under the authority of the
Township to collect, transport and dispose of the contents therein.
C. Be responsible for the proper collection and disposal
of the holding tank contents. Should the improved property owner fail to empty
the holding tank as required, it shall be the responsibility of the Township
to:
(1) Have an approved sewage hauler pump the holding tank.
(2) Charge the owner the actual cost of Subsection
C(1) above, plus a 10% administrative fee.
(3) Institute proceedings to exact the fine for violation pursuant to §
62-7.
D. Enter into an agreement, approved by the Township Solicitor,
to connect to public sewers as soon as they are made available to him.
The approved sewage hauler shall:
A. File a copy of the agreement between the sewage hauler
and the facility into which the sewage is discharged to the Township.
B. File monthly reports to the Township indicating the dates
the holding tank was cleaned and the amount pumped.
The Township shall conduct semiannual inspections of the holding tank
and charge the owner a fee pursuant to the fee schedule adopted by resolution
of the Board of Supervisors.
In addition to any other remedies provided in this chapter, any violation of §
62-2 above shall constitute a nuisance and may be abated by the Township by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
[Amended 3-18-1982 by Ord. No. 425; 12-8-1988
by Ord. No. 565]
Any person or persons, corporation, partnership or other entity whatsoever
violating any of the provisions of this chapter shall, upon conviction, be
sentenced to pay a fine not to exceed the maximum fine of $1,000, plus costs
of prosecution, and, in default of payment of such costs and prosecution,
imprisonment for a term not exceeding 30 days; provided, however, that if
the District Justice determines that the defendant is without the financial
means to pay the fines and costs immediately or in a single remittance, such
defendant shall be permitted to pay the fines or costs in installments and
over such periods of time as the District Justice deems to be just.