[Ord. 08-626, 3/11/2008; as amended by Ord. 10-654, 7/13/2010]
The intent of this Part 2 is to establish procedures for the
construction, use, maintenance, regulation and removal of holding
tanks designed to receive and retain sewage from certain institutional,
commercial and industrial uses; and it is hereby declared that this
Part 2 is necessary for the protection, benefit and preservation of
the health, safety and general welfare of the inhabitants of this
Township during the time that a ban on connections to the Township's
system, imposed by the Pennsylvania Department of Environmental Protection,
is in effect.
[Ord. 08-626, 3/11/2008; as amended by Ord. 10-654, 7/13/2010]
As the least satisfactory and most costly method of disposing
of sewage is by connection to a holding tank, holding tanks shall,
subject to approval of the DEP, be permitted only for public educational
institutions and commercial and industrial uses and shall be permitted
only during the period of the ban on connections to the Township system
imposed by the said DEP.
[Ord. 08-626, 3/11/2008]
Holding tanks require service and maintenance to prevent their
malfunction and overflow and shall be used only in lieu of treatment
tanks and subsurface absorption areas when:
A. The Sanitary Inspection Officer shall determine that the property
is unsuitable for an on-lot sewage disposal system in accordance with
the provisions of the Pennsylvania Sewage Facilities Act;
B. The applicable Township Official Plan or any revision thereto indicates
the use of holding tanks for that lot; and
C. The applicant has received approval for the proposed disposal site
from the DEP.
[Ord. 08-626, 3/11/2008]
The Board shall, by resolution, have the right and power to
fix, alter, charge and collect such fees or costs as may be necessary
to properly enforce this Part 2.
[Ord. 08-626, 3/11/2008]
The collection and transportation of all sewage from any improved
property using a holding tank shall be done under the direction of
the Board or by a contractor approved by the Board, and the disposal
thereof shall be made only at such site or sites as may be approved
by the DEP.
[Ord. 08-626, 3/11/2008]
The owner of an improved property that utilizes a holding tank
shall:
A. Maintain the holding tank in conformance with this Part 2 or any
other Township ordinance, the provisions of any applicable law, and
the rules and regulations of the Township and any administrative agency
of the Commonwealth of Pennsylvania; and
B. Permit only those approved by the Township to collect, transport
and dispose of the contents of the holding tank.
[Ord. 08-626, 3/11/2008]
By obtaining permission to use a holding tank under this §
18-212, the owner shall agree that any failure to make timely removal of the contents of the holding tank, or any other violation of this Part
2 or sanitary requirements, will subject the owner to an automatic revocation of the use and occupancy permits issued for the subject premises.
[Ord. 08-626, 3/11/2008]
Any person who violates any provisions of this Part 2 shall,
upon conviction thereof by summary proceedings, be sentenced to pay
a fine of not less than $100 and not more than $1,000, plus costs,
and in default of said fine and costs, shall undergo imprisonment
in the Montgomery County Prison for a period of not in excess of 30
days. After receipt of written notice of a violation, each day that
the said violation continues shall be considered a separate violation
and offense.
[Ord. 08-626, 3/11/2008]
In addition to any other remedies provided in this Part 2, any
violation of this Part 2 shall be deemed to constitute a nuisance
and may be abated by the Board by any means available to it.
[Ord. 08-626, 3/11/2008]
The owner shall pay all costs, charges and expenses of the Township
incident to the presentation, processing and approval of the application
to install a holding tank, including but not limited to legal, engineering
and inspection fees and costs, as may be determined, established or
imposed, from time to time, by the Board.
[Ord. 08-626, 3/11/2008]
The appropriate officials of the Township are directed to take
such action as may be necessary to amend the Official Plan of the
Township to implement the purposes of this Part 2.