The purpose of this article 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 article is necessary for the protection,
benefit and preservation of the health, safety and welfare of the
inhabitants of this Township.
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this article shall be as follows:
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:
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 individual, group of individuals, partnership, company,
association, corporation or any other group or entity vested with
ownership, legal or equitable, sole or partial, of any property located
in the Township.
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
Lower Moreland Township, Montgomery County, Pennsylvania.
The Board of Commissioners of 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.
The Board of Commissioners of 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.
The owner of an improved property that utilizes a holding tank
shall:
A. Maintain the holding tank in conformance with this article, any applicable
ordinance of this Township, the provisions of any applicable law and
the rules and regulations of the Township and any administrative agency
of the Commonwealth of Pennsylvania.
B. Permit only such person, persons, company or other entity licensed
by the Township to collect, transport and/or dispose of the contents
therein.
[Amended 3-21-1990 by Ord. No. 392]
Any person who violates any provisions of §
160-28 or
160-29 of this article shall, upon conviction thereof by summary proceedings before a District Justice, be sentenced to pay a fine of not less than $100 nor more than one $1,000 and costs to be payable to the County of Montgomery and, in default of said fine and costs, to undergo imprisonment in the Montgomery County Prison for a period not in excess of 30 days.
In addition to any other remedies provided in this article, any violation of §
160-28 or
160-29 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.