[HISTORY: Adopted by the Borough Council of the Borough of Middletown as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-1-1993 by Ord. No. 1037, approved 2-1-1993]
Editor's Note: This ordinance superseded former Art. I, Holding Tanks, adopted 2-12-1973 by Ord. No. 618, approved 2-12-1973.
The purpose of this article is to establish procedures for the use and maintenance of existing and new 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 municipality.
Unless the context specifically and clearly indicates otherwise, the meanings of the terms used in this article shall be as follows:
- Councilmen of the Borough of Middletown, Dauphin County, Pennsylvania.
- HOLDING TANK
- A watertight receptacle, whether permanent or temporary, which receives and retains sewage conveyed by a water-carrying system and designed and constructed to facilitate the ultimate disposal of the sewage at another site.
- IMPROVED PROPERTY
- Any property within the Borough 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.
- The Borough of Middletown, Dauphin County, Pennsylvania.
- Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Borough.
- 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 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.
The Authority is hereby authorized and empowered to undertake within the Borough the control and methods of holding tank use, sewage disposal and sewage collection and transportation thereof.
The Authority 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.
All such rules and regulations adopted by the Authority shall be in conformity with the provisions herein, all other ordinances of the Borough and all applicable laws and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.
The Authority shall have the right and power to fix, alter, charge and collect rates, assessments and other charges in the area serviced 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 Authority, 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.
The Authority will receive, review and retain pumping receipts from permitted holding tanks.
The Authority will complete and retain annual inspection reports for each permitted tank.
The owner of the improved property that utilizes a holding tank shall:
Maintain the holding tank in conformance with this article or any ordinance of the Borough, the provisions of any applicable law and the rules and regulations of the Authority and any administrative agency of the Commonwealth of Pennsylvania.
Permit only the Authority or its agent to inspect holding tanks on an annual basis.
Permit the Authority or its agents to collect, transport and dispose of the contents therein.
Any person who violates any provisions of § 224-6.1 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $100 and not more than $300 and, in default of said fine and costs, to undergo imprisonment in the county prison for a period not in excess of 30 days.
In addition to any other remedies provided in this article, any violations of § 224-6.1 above shall constitute a nuisance and shall be abated by the municipality or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
[Adopted 3-10-1975 by Ord. No. 660, approved 3-10-1975]
Whenever an interested party requests an inspection or testing with respect to sewage facilities, whether a holding tank under Article I of this chapter or any item the administration of which has been delegated to the Borough by the Pennsylvania Sewage Facilities Act, as amended, or covered by regulations of the Department of Environmental Resources, such as Chapters 71 and 73 of its Regulations for Administration of Sewage Facilities Program, such party shall first pay a fee to the Borough of Middletown consistent with the cost thereof and the time devoted to such purpose by the Code Enforcement Officer as Sewage Enforcement Officer, who conducts such inspections, tests or investigations necessary to implement said Act and the rules and regulations thereunder. Since such inspections are very time consuming in a number of such situations, the cost and time involved in any such instance shall be estimated by the Borough Manager in terms of the current hourly rate of the Borough's Sewage Enforcement Officer. As experience reveals certain situations which may fairly be standardized, the Borough Manager is authorized to develop (and to report to the Borough Council) and to apply a schedule of such fees. As a starting point in all cases, the minimum fee shall be $60.