As used in this article, the following terms shall have the
meanings indicated:
ACT
Pennsylvania Sewage Facilities Act, 35 P.S. §§ 750.1
through 750.20, as from time to time amended.
BOARD
The Board of Commissioners of Pocono Township.
DEP
The Pennsylvania Department of Environmental Protection or
its successor state agency.
HOLDING TANK
A watertight receptacle which receives and retains sewage
from a central sewer system and is designed and constructed to facilitate
ultimate disposal of the sewage at another site.
HOLDING TANK HAULER
A municipality, municipal authority or person, natural or
legal entity, including the holding tank owner, who removes the contents
of a holding tank for the purpose of disposing of the sewage at a
DEP-approved site.
MUNICIPALITY
The Municipality of Pocono Township, Monroe County, Pennsylvania.
OWNER
The project's legal and beneficial owner.
REGULATIONS
The regulations of the Pennsylvania Department of Environmental
Protection, Pa. Code, Title 25, Subpart C, Chapters 71 and 73, as
adapted; and all future regulations of the Department pertaining to
holding tanks.
SEO
The duly appointed Sewage Enforcement Officer of the municipality.
SEWAGE
Any substance that contains any of the waste products, excrement
or other discharge from the bodies of human beings or animals and
noxious or deleterious substances 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 or which constitutes pollution
under the Clean Streams Law.
The holding tank may be used subject to the provisions of this
article to temporarily serve for sewage disposal for new construction
in a proposed commercial development for a period not to exceed two
years, pending completion of a DEP-approved sewage treatment plant.
The municipality, at its option, shall have the right to enter
upon the premises for the purpose of removing the holding tank if
it remains in place for more than three days after written notice
from municipality to the owner that a specific violation of this article
has occurred. "Municipality," as used herein, shall mean the Township,
its employees or third parties contracted by the municipality for
the purpose of removing the holding tank. All costs and expenses of
removal shall be borne by the owner.
The developer or owner of the sewage system shall post a maintenance
bond or letter of credit equal to 110% of the cost of servicing the
holding tanks for a period of two years, which may be reduced at the
request of the developer or owner upon express approval by the Board.
This article shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this article
shall, upon conviction in a summary proceeding, pay a fine of not
more than $1,000, plus the costs of prosecution, and, in default of
the payment of the fine and costs of prosecution, shall be imprisoned
for a period not exceeding 30 days.