[Ord. No. 48, 3/2/1973]
The purpose of this Part is to establish procedures for the
use and maintenance of holding tanks designed to receive and retain
sewage, whether from residential or commercial uses, and it is hereby
declared that the enactment of this Part is necessary for the protection,
benefit and preservation of the health, safety and welfare of the
inhabitants of this Township.
[Ord. No. 48, 3/2/1973]
Unless the context specifically and clearly indicates otherwise,
the meaning of the terms used in this Part shall be as follows:
A water tight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. Holding tanks include but are not limited
to the following:
CHEMICAL TOILETA toilet using chemicals that discharges to a holding tank.
RETENTION TANKA holding tank where sewage is conveyed to it by a water carrying system.
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is not available.
Any property within the 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 structure sewage
shall or may be discharged.
Any person vested with ownership, legal or equitable, sole
or partial, or any property located in the Township.
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.
The Township of Amity, Berks County, Pennsylvania.
[Ord. No. 48, 3/2/1973]
The Township is hereby authorized and empowered to undertake
within the Township the control and methods of holding tank sewage
disposal and the collection and transportation thereof.
[Ord. No. 48, 3/2/1973]
The Township is hereby authorized and empowered to adopt such
rules and regulations concerning sewage which it may deem necessary
from time to time to effect the purposes herein.
[Ord. No. 48, 3/2/1973]
All such rules and regulations adopted by the Township shall
be in conformity with the provisions herein, all other ordinances
of the Township, all applicable laws and applicable rules and regulations
of administrative agencies of the Commonwealth of Pennsylvania.
[Ord. No. 48, 3/2/1973]
The Township shall have the right and power to fix, alter, charge
and collect rates, assessments and other charges in the area served
by its facilities at reasonable and uniform rates as authorized by
applicable law.
[Ord. No. 48, 3/2/1973]
The collection and transportation of all sewage from any improved
property utilizing a holding tank shall be done solely by or under
the direction and control of the Township, and the disposal thereof
shall be made only at such site or sites as may be approved by the
Department of Environmental Resources of the Commonwealth of Pennsylvania.
[Ord. No. 48, 3/2/1973]
The owner of an improved property that utilizes a holding tank
shall:
(a)
Maintain the holding tank in conformance with this Part or any ordinance
of the Township, the provisions of any applicable law, the rules and
regulations of the Township and any administrative agency of the Commonwealth
of Pennsylvania.
(b)
Arrange for the disposal of the contents of the holding tank subject
to the approval of the Township.
[Ord. No. 48, 3/2/1973]
Any person who violates any provision of § 23-108 of this Part shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not more than $600 and costs, and in default of said fine and costs to undergo imprisonment in the Berks County Prison for a period not in excess of 30 days.
[Ord. No. 48, 3/2/1973]
In addition to any other remedies provided in this Part, any violation of § 23-108 above shall constitute a nuisance and may be abated by the Township by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
[Ord. No. 48, 3/2/1973]
If any sentence, clause, section or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this Part. It is hereby declared as the intent of the
Board of Supervisors of the Township, that this Part would have been
adopted had such unconstitutional, illegal or invalid sentence, clause,
section or part thereof not been included therein.
