[Adopted 3-8-1993 by Ord. No. 520 (Ch. VII, Art. 6, of the 1976 Ordinance Book)]
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.
A. 
It shall be unlawful for any person to use a holding tank in Middletown Township unless and until the person obtains a permit to do so from the Township. A separate permit application must be made and a separate permit obtained for each holding tank proposed to be used.
B. 
Any person proposing to use a holding tank in Middletown Township shall first apply for a permit by written application on a form furnished by the Township. The applicant must be the owner of the property where the holding tank is proposed to be used. The application shall be signed by a responsible applicant or by a fully authorized officer, partner or employee of the applicant and submitted to the Township Sewage Enforcement Officer who shall either approve or disapprove the same. The application shall be accompanied by a permit fee which shall be established by Township resolution.[1]
[1]
Editor's Note: The current resolution is on file in the office of the Township Secretary.
C. 
If the Sewage Enforcement Officer approves the application, then the Township, acting through the Sewage Enforcement Officer, shall issue the permit. Whenever the Township issues a permit for a holding tank, it may impose conditions it deems necessary for the operation and maintenance of the tank to prevent a nuisance or public health hazard. An applicant shall be entitled to appeal from the disapproval of a holding tank application to the Council within 30 days after the disapproval. Such appeal shall be in writing, shall set forth the decision appealed from and the reason for the appeal and shall be verified by affidavit and shall be filed with the Township Manager. It shall be the duty of the Township Manager to bring said appeal to the attention of the Council, who shall proceed to consider said appeal at the next regular or special meeting of Township Council, to be held within 30 days after the date of filing of such appeal. The person appealing shall have the right to appear and to be heard if he states such desire in his written appeal. The action of the Council with respect to such appeal shall be final. A holding tank permit holder shall have similar rights of appeal with respect to any revocation of a holding tank permit.
D. 
Before any permit is issued, the applicant shall post an adequate escrow account with the Township, the amount of which shall be determined by the Sewage Enforcement Officer and/or Township resolution. If required by the Township, the applicant shall execute an escrow agreement with the Township which must be approved by the Township Solicitor. The escrow account shall be used for the repayment of costs incurred by the Township for inspections of the holding tank for which the permit is issued, and for any costs incurred by the Township under § 180-27 hereof and for any and all costs, expenses, charges and fees incurred by the Township in connection with or on account of the use of the holding tank on the improved property. As soon as the escrow account has been 50% depleted, it shall be replenished by the applicant to the original amount. Any amount remaining in the escrow account after the Township costs are repaid shall be returned to the applicant upon connection of the improved property to a public sewer system and the removal of the holding tank from the improved property in accordance with all applicable laws, ordinances and regulations.
E. 
No permit for the use of a holding tank shall be issued hereunder unless:
(1) 
The Township is provided with evidence satisfactory to it that all approvals and permits for the use of the holding tank which are required by law have been obtained from DEP and any other agency or entity with jurisdiction; and
(2) 
The connection of the improved property for which the holding tank permit is sought to a public sewer system is imminent as required hereunder and the applicant has provided the Township with evidence satisfactory to the Township of the same, including but not limited to an agreement by the applicant to:
(a) 
Connect the improved property to the public sewer system as soon as such connection is possible.
(b) 
Permit the Township, the Township Sewage Enforcement Officer and its, his or their authorized representatives or agents to enter the improved property to inspect the holding tank and to take any other action authorized hereunder.
(c) 
Permit the use of the escrow account in accordance with the provisions of this article.
(d) 
Indemnify and hold the Township harmless from and against any and all claims, liabilities, losses, actions, suits or proceedings at law or in equity which it may incur or with which it may be threatened resulting in whole or in part from the use, operation and maintenance of the holding tank or the collection, transportation and disposal of sewage therefrom, except in the case of the willful misconduct, gross negligence or sole negligence of the Township.
(e) 
Comply with the provisions of § 180-26 hereof, which agreement shall be in a form satisfactory to the Township and the Township Solicitor.
F. 
Expiration of permit.
(1) 
Any permit issued hereunder shall be valid until the earlier to occur of:
(a) 
The date which is one year from the date the permit is issued.
(b) 
Any earlier date required by DEP.
(c) 
The connection of the improved property to a public sewer system.
(d) 
Revocation by the Township.
(2) 
The Township may extend the permit period upon the written request of the applicant and upon the approval of such extension by DEP, if required.
G. 
The submission of an application for a holding tank permit and the use of a holding tank within the Township shall be deemed to constitute an agreement by the applicant to:
(1) 
Comply with the provisions of § 180-26 hereof.
(2) 
Permit the Township and/or its representatives or agents, including but not limited to the Sewage Enforcement Officer, to enter the improved property to inspect the holding tank and/or to take any action permitted hereunder.
(3) 
Connect the improved property to a public sewer system as soon as such connection is possible.
(4) 
Permit the use of the escrow fund for the purposes set forth herein.
(5) 
Indemnify and hold the Township harmless from and against any and all claims, liabilities, losses, actions, suits or proceedings at law or in equity which it may incur or with which it may be threatened resulting in whole or in part from the use, operation and maintenance of the holding tank or the collection, transportation and disposal of sewage therefrom, except in the case of the willful misconduct, gross negligence or sole negligence of the Township.
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.
A. 
The Township and/or its representatives or agents, including but not limited to the Township Sewage Enforcement Officer, shall be permitted to enter into any improved property for the purpose of inspecting the holding tank(s) being used thereon and for engaging in any other act authorized hereunder.
B. 
The Township, acting through its Sewage Enforcement Officer, will receive, review and retain pumping receipts from permitted holding tanks, which pumping receipts shall be provided to him or her by the applicant.
C. 
The Township, acting through its Sewage Enforcement Officer, will complete and retain inspection reports for each permitted holding tank.
D. 
All holding tanks, including but not limited to the installation, use, operation and maintenance thereof and the collection, transportation and disposal of sewage therefrom, shall be subject to inspection by the Township.
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.