The purpose of this article is to establish
procedures for the use, operation and maintenance of holding tanks
designed to receive and retain sewage, on a limited and temporary
basis, whether from residential or commercial uses, and for the collection,
transportation and disposal of sewage therefrom, 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 Middletown Township (the "Township").
Unless the context specifically and clearly
indicates otherwise, the meaning of the following terms used in this
article shall be as follows:
COUNCIL
The Council of Middletown Township, Delaware County, Pennsylvania.
HOLDING TANK
A watertight receptacle which receives and retains sewage
conveyed by a water-carrying system and which is designed and constructed
to facilitate the ultimate disposal of the sewage at another site.
IMPROVED PROPERTY
Any property within Middletown 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 sewage
shall or may be discharged.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located within Middletown Township.
PERSON
Any individual, partnership, company, association, corporation,
firm, society or other group or entity.
PUBLIC SEWER SYSTEM
All facilities, as of any particular time, for collecting,
pumping, transporting, treating and disposing of sewage and industrial
wastes, situate in or adjacent to the Township and owned, maintained
and operated by the Township or the Township Sewer Authority or an
entity approved by the Township.
SEWAGE
Any substance that contains any of the waste products, excrement
or other discharge from the bodies of human beings or animals and
any noxious or deleterious substance which is harmful or inimical
to the public health, to animal or aquatic life or to the use of water
for domestic water supply or recreation.
TOWNSHIP
Middletown Township, Delaware County, Pennsylvania.
The Township Sewage Enforcement Officer is hereby
authorized and empowered to undertake within the Township, in accordance
with the provisions hereof, the control over methods of holding tank
usage, operation and maintenance and the disposal, collection and
transportation of sewage therefrom.
The Township Sewage Enforcement Officer shall
have the right and power to charge and collect application or permit
fees and escrow account funds in accordance with the provisions hereof.
The use of holding tanks shall be permitted
in Middletown Township only on improved property and only on a limited
and temporary basis. No person shall be permitted to use a holding
tank in Middletown Township unless:
A. A permit therefor is issued by the Township in accordance
with the provisions hereof;
B. All approvals and permits for the use of the holding
tank which are required by law have been obtained from the Pennsylvania
Department of Environmental Protection (DEP) and any other agency
or entity with jurisdiction; and
C. The connection of the improved property to a public
sewer system is imminent. The connection of the improved property
to a public sewer system shall be considered "imminent" hereunder
when:
(1) A project to construct a public sewer system to which
the improved property will be able to connect has been authorized
by the issuance of a notice to proceed by the Township Sewer Authority;
(2) The applicant has agreed to connect the improved property
to the public sewer system as soon as such connection is possible.
The owner of an improved property that utilizes
a holding tank shall:
A. Install the holding tank in accordance with all applicable
laws, ordinances and regulations, including but not limited to Chapter
73 of Title 25 of the Pennsylvania Code regarding standards for sewage
disposal facilities. Such installation shall be inspected by the Township
Sewage Enforcement Officer.
B. Use, operate and maintain the holding tank in conformance
with this article and any other applicable ordinance of this Township,
and the provisions of any other applicable law, ordinance or regulation.
C. Arrange for the collection, transportation and disposal
of all sewage from any holding tank on the improved property. The
collection, transportation and disposal of all sewage from any improved
property utilizing a holding tank shall be done in accordance with
all applicable laws, ordinances and regulations, and the disposal
thereof shall be made only at such site or sites as may be approved
by DEP. Such collection and transportation shall be done solely by
or under the direction and control or with the approval of the Township
and the Sewage Enforcement Officer.
D. Permit only the Township or its representatives or
agents, including but not limited to the Sewage Enforcement Officer
or an entity approved by the Township, to inspect holding tanks.
E. Permit only the Township or its representatives or
agents, including but not limited to the Sewage Enforcement Officer,
or an entity approved by the Township, to collect, transport and dispose
of the contents therein.
F. Keep a log relating to the use and operation of the
holding tank, noting such matters as dates checked and pumped and
approximate quantity of sewage pumped.
G. Provide and maintain a visible and audible level indicator/alarm
system to alert concerning the need for sewage to be hauled.
In addition to any other remedies provided in
this article, any violation of this article shall constitute a nuisance
and may be abated by the Township or the Sewage Enforcement Officer
by either seeking mitigation of the nuisance or appropriate equitable
or legal relief from a court of competent jurisdiction.