[Adopted 8-19-1991 by Ord. No. 91-11]
The purpose of this article is to establish procedures for the use and maintenance of holding tanks designed to receive and retain sewage on a temporary basis, 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 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 designed and constructed to facilitate ultimate disposal of the sewage at another site. Holding tanks include, but are not limited to, the following:
- 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.
- 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 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.
- Westtown Township, Chester County, Pennsylvania.
The Township 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 on a temporary basis and until such time as a permanent method of sewage disposal has been provided for an improved property.
The Township is hereby authorized and empowered to adopt such rules and regulations concerning holding tank sewage disposal which it may deem necessary from time to time to effect the purposes herein, provided said regulations shall not conflict with the rules and regulations of the Chester County Health Department and/or the Department of Environmental Protection of Pennsylvania.
All such rules and regulations adopted by the Township shall be in conformity with the provisions herein, all other ordinances of the Township, all applicable laws, and all applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania having jurisdiction in this field.
If applicable, the Township shall have the right and power to fix, alter, charge and collect rates, assessments and other charges in the area served by holding tank sewage disposal facilities at reasonable and uniform rates as authorized by applicable law.
The collection and transportation of all sewage from any improved property utilizing a holding tank shall be done solely by the Township or done pursuant to the direction of and with permission from the Township, 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 and/or the Chester County Health Department.
The owner of an improved property that utilizes a holding tank shall:
Maintain the holding tank in conformance with this article and any other applicable ordinance of this Township, the provisions of any applicable law, the terms of any applicable agreement between the owner and the Township and the rules and regulations of the Township and any cognizant administrative agency of the Commonwealth of Pennsylvania.
Permit only the Township or anyone acting under the direction of and/or permission from the Township to collect, transport and dispose of the contents therein.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
In addition to any other remedies provided in this article, any violation of § 132-23 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.