[Adopted 4-11-1988 by Ord. No. 198 (Ch. XXIII, Part 5, of the 2013 Code of Ordinances)]
The purpose of this part is to establish procedures for the use and maintenance of holding tanks designated 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 municipality.
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this part shall be as follows:
BOARD
The Board of Supervisors of Spring Township, Berks County, Pennsylvania.
HOLDING TANK
A watertight 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:
A. 
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
B. 
RETENTION TANKA holding tank where sewage is conveyed to it by a water carrying system.
C. 
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is not available.
IMPROVED PROPERTY
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.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, or any property located in the Township.
PERSON
Any individual, partnership, company, association, corporation or other group or entity.
SEWAGE
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.
TOWNSHIP
The Township of Spring, Berks County, Pennsylvania.
That 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.
That the Township acting thorough the Board is hereby authorized and empowered to adopt such rules and regulations concerning sewage which it may deem necessary from time to time effect the purpose herein.
The Township acting through the Board 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.
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 Protection of the Commonwealth of Pennsylvania.
The owner of any improved property that utilizes a holding tank shall:
A. 
Maintain the holding tank in conformance with this or any Ordinance of this Township, the provisions of any applicable law, and the rules and regulations of the Township acting through the Board and any administrative agency of the Commonwealth of Pennsylvania.
B. 
Permit only to Township or its agent to collect, transport, and dispose of the contents therein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates any provisions of § 355-7 shall, upon conviction thereof in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be punishable by a fine of not less than $500 nor more than $5,000, plus costs of prosecution, or imprisonment for a term not exceeding 90 days, or both such fine and imprisonment.
In addition to any other remedies provided in this part, any violation of § 355-7 above shall constitute a nuisance and shall be abated by the Township, acting through the Board, by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
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, clause, sections, or part 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 constitutional, illegal or invalid sentence, clause, section or part thereof not been included therein.