[Ord. No. 1178, § 1, 9-18-1995]
The purpose of this article is to establish regulations for
the use and maintenance of existing and new holding tanks designed
to receive and retain sewage whether from residential, commercial
or industrial 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 municipality.
[Ord. No. 1178, § 1, 9-18-1995]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in the article shall be as follows:
The Council of Plymouth Township, Montgomery County, Pennsylvania,
or its authorized representative.
A watertight receptacle installed above or below grade, whether
permanent or temporary, which receives and retains sewage conveyed
by a water-carrying system and is designed and constructed to facilitate
the ultimate disposal of the sewage at another site and in compliance
with the rules and regulations of the Department of Environmental
Resources/Protection, including, but not limited to, 25 Pa. Code 71.63
and 73.61—73.63.
Any property within the municipality 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 be discharged.
Plymouth Township, Montgomery County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property located in the municipality.
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 supply or for recreation.
[Ord. No. 1178, § 1, 9-18-1995]
Council is hereby authorized and empowered to undertake within
the municipality the control and regulation of holding tank use, sewage
disposal, sewage collection, and the transportation thereof.
[Ord. No. 1178, § 1, 9-18-1995]
Council is hereby authorized and empowered to adopt by resolution
from time to time such rules and regulations concerning holding tanks
which it may deem necessary to effect the purposes herein.
[Ord. No. 1178, § 1, 9-18-1995]
All such rules and regulations adopted by council shall be in
conformity with the provisions herein and applicable rules and regulations
of administrative agencies of the Commonwealth of Pennsylvania, including,
but not limited to, 25 Pa. Code, Environmental Resources, as amended
or superseded.
[Ord. No. 1178, § 1, 9-18-1995]
Council shall have the right and power by resolution from time
to time to fix, alter, charge and collect rates, assessments, bonds
and other charges, fees or costs, as may be necessary to properly
administer and enforce this article.
[Ord. No. 1178, § 1, 9-18-1995]
The collection and transportation of all sewage from any improved
property using a holding tank shall be done pursuant to this article
and solely by or under the direction of council, and the disposal
thereof shall be made only at such site or sites as may be approved
by the Department of Environmental Resources/Protection of the Commonwealth
of Pennsylvania.
[Ord. No. 1178, § 1, 9-18-1995]
(a)
Disposal contract. All applications for a holding tank shall include
a contract for maintenance by a disposal agency approved by council
and the Department of Environmental Resources/Protection of the Commonwealth
of Pennsylvania. Such contract shall include, but not be limited to,
the name of the contractor, the method of maintenance, the method
of disposal, the frequency of inspection and ultimate place of disposal
of all waste. Such contract shall be required to remain in force for
the entire period of operation of the holding tank. The failure by
such owner to renew such contract or submit proof of another approved
contract shall constitute a violation of this article.
(b)
Periodic inspections. The holding tank must be inspected by the approved
disposal agency a minimum of three (3) times per year. A copy of the
inspection report shall be submitted to the municipality within ten
(10) days of the date of the inspection.
(c)
Performance bond. Prior to the issuance of any building permit for
any residential, commercial or industrial use that will utilize a
holding tank, a performance bond must be posted with the municipality
in an amount equal to three (3) years' contract price for sewage
removal and for the cost of removal of the holding tank as estimated
by the township engineer, which shall run for the entire period that
the holding tank is to be in use. This bond shall be conditioned upon
the owner of the improved property maintaining the holding tank system
in accordance with the rules and regulations of this article.
(d)
The owner of an improved property utilizing a holding tank shall
submit receipts for pumping and removal by the disposal agency to
the municipality for review within ten (10) days after the date of
removal of sewage from the holding tank.
[Ord. No. 1178, § 1, 9-18-1995]
The owner of an improved property that utilizes a holding tank
shall:
(a)
Maintain the holding tank in conformance with this or any other applicable
ordinances of this township, the provisions of any applicable federal,
state, county or local laws, and the rules and regulations of council
and any administrative agency of the Commonwealth of Pennsylvania.
(b)
Permit council or its agent to inspect holding tanks on an annual
basis.
(c)
Permit only an approved disposal agency to act in accordance with
the regulations of the council to collect, transport and dispose of
the contents of a holding tank.
(d)
Connect within thirty (30) days after notice from the municipality
to an available public sewer system and remove the holding tank within
thirty (30) days after connection to the public sewer system.
(e)
Within twenty-four (24) hours of the execution of an agreement for
the sale of any improved lot to be connected to a holding tank, submit
to the municipality an executed statement in the form to be designed
from time to time by resolution of council in which the purchaser
acknowledges that the purchaser has been advised of the terms of this
article and understands the procedures, penalties and fines for noncompliance
with this article.
[Ord. No. 1178, § 1, 9-18-1995]
Any person who violates any of the provisions of this article
shall, upon conviction thereof by summary proceeding, be sentenced
to pay a fine not to exceed the sum of one thousand dollars ($1,000.00)
and in default of said fine and costs to undergo imprisonment in the
county prison for a period not in excess of thirty (30) days.
[Ord. No. 1178, § 1, 9-18-1995]
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 municipality by seeking appropriate equitable or
legal relief from any court of competent jurisdiction.
[Ord. No. 1178, § 1, 9-18-1995]
All ordinances or resolutions or parts of ordinances or resolutions,
insofar as they are inconsistent herewith, are hereby repealed.
