Township of Lower Moreland, PA
Montgomery County
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Table of Contents
Table of Contents
[Adopted 3-13-1972 by Ord. No. 181]
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:
A. 
A toilet using chemicals that discharge to a holding tank.
B. 
A holding tank where sewage is conveyed to it by a water-carrying system.
C. 
A 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.
A. 
The Board of Commissioners of the Township is hereby authorized and empowered to adopt by ordinance or resolution such rules and regulations which it may deem necessary from time to time to effect the purposes herein.
B. 
All such rules and regulations adopted by the Board of Commissioners of the Township shall be in conformity with the provisions herein, all other ordinances of the Township and all applicable laws and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.
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.
A. 
The collection and transportation of all sewage from any improved property utilizing a holding tank shall be done in compliance with the rules and regulations of the Board of Commissioners 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.
B. 
No person, persons, company or other entity shall have the right to collect, transport and/or dispose of any sewage from any property utilizing a holding tank in Lower Moreland Township unless authorized by license granted by the Township to do so.
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.