[Adopted 8-9-2001 by Ord. No. 01-2]
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. 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.
A. 
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows:
BOARD
The Board of Supervisors of Upper Frederick Township, Montgomery County, Pennsylvania.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania ("DEP").
HOLDING TANK
A watertight receptacle, either permanent or temporary, designed and constructed to facilitate the ultimate disposal of the sewage at another site, which receives and retains sewage conveyed by a water carrying system. Receptacles designated for agricultural use are not included in this definition.
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.
MUNICIPALITY
Upper Frederick Township, Montgomery County, Pennsylvania.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
PERSON
Any individual, association, public or private corporation, for profit or not for profit, partnership, firm, trust, estate, department, board, bureau or agency of the , political subdivision, municipality, district, authority or any other legal entity whatsoever which is recognized by law as the subject of rights and duties, Whenever used in any clause prescribing and imposing a penalty or imposing a fine or imprisonment, the term "person" shall include the members of an association, partnership or firm and the officers of any local agency or municipal, public or private corporation for profit or not for profit.
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 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 or which constitutes pollution under the Clean Streams Law (Act of June 22, 1937, P.L. 1987, No. 394, as amended, 35 P.S. §§ 691.1 to 691.1001).
SEWAGE ENFORCEMENT OFFICER
A person certified by DEP who is employed by the Township or County Health Department. Such person is authorized to conduct investigations and inspections, review permit applications and do all other activities as may be provided for such person in the Sewage Facilities Act, the rules and regulations promulgated thereunder and this or any other ordinance adopted by the Township or County Health Department. Only the Sewage Enforcement Officer employed by the County Health Department is authorized to administrate the sewage facilities permitting program under Chapter 72 of the regulations.
SUBDIVISION
The division or redivision of a lot, tract or other parcel of land into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines. The enumerating of lots shall include, as a lot, that portion of the original tract or tracts remaining after other lots have been subdivided therefrom.
TOWNSHIP
Upper Frederick Township, Montgomery County, Pennsylvania.
B. 
For the purposes of this article, any term which is not defined herein shall have that meaning attributed to it under the Sewage Facilities Act and the regulations promulgated thereto.
A. 
No building permit shall be issued for a new or expanded building which will contain sewage generating facilities until Act 537 planning approval has been issued by the Department and an appropriate holding tank permit issued by Montgomery County Health Department's Sewage Enforcement Officer.
B. 
No occupancy permit shall be issued for a new building which will contain sewage generating facilities until installation is approved by the Montgomery County Health Department's Sewage Enforcement Officer.
C. 
No building or occupancy permit shall be issued, and no work shall begin on any alteration or conversion of any existing structure, if said alteration or conversion will result in the increase or potential increase in sewage flows from the structure, until either the structure's owner receives a permit from the Montgomery County Health Department's Sewage Enforcement Officer for alteration or replacement of the existing sewage disposal system or until the structure's owner and the appropriate officials or the county or Township receive written notification from the Montgomery County Health Department's Sewage Enforcement Officer that such a permit will not be required. The Montgomery County Health Department's Sewage Enforcement Officer shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.
D. 
Sewage permits may be issued only by a Sewage Enforcement Officer employed by the Montgomery County Health Department.
E. 
In situations where the regulations of the Department do not allow for the issuance of a permit for a holding tank by either the Department or the Montgomery County Health Department, the Township may grant approval for a holding tank subject to the applicant entering into an installation and maintenance agreement with the Township which shall include the following:
[Added 2-9-2012 by Ord. No. 2012-01]
(1) 
Proof of a contract with a licensed hauler to collect, transport and dispose of the contents of the holding tank, and notice to the Township of any cancellation.
(2) 
Proof that the hauler and the dumping site for the contents of the holding tank are both licensed by the Department of Environmental Protection or other appropriate government agency.
(3) 
Provide the Township, through its Code Enforcement Officer, with receipts indicating that the holding tank has been pumped on a regular basis.
(4) 
Annual inspections by the Township Code Enforcement Officer.
(5) 
Indemnification of the Township for any liability arising from the operation and maintenance of the holding tank.
(6) 
An escrow deposit in an amount as established by the Fee Schedule of Upper Frederick Township, to guarantee the proper maintenance and operation of the holding tank and reimbursement for annual inspection fees by the Township.
The Board is hereby authorized and empowered to undertake within the Township the control and methods of holding tank use, sewage disposal and sewage collection and transportation thereof.
The Board 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 purpose herein.
All such rules and regulations adopted by the Board 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 shall have the right and power to fix, 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 an improved property utilizing a holding tank shall be done solely by a sewage hauler licensed by DEP and authorized by the Board or its agent, and the disposal thereof shall be made only at such site or sites as may be approved by DEP.
B. 
The Board will receive, review and retain pumping receipts from permitted holding tanks.
C. 
The Board will complete and retain annual inspection reports for each permitted holding tank.
The owner of an improved property that utilizes a holding tank shall:
A. 
Maintain the holding tank in conformance with this and any ordinance of the Township, the provisions of any applicable law, the rules and regulations of the Board and any administrative agency of the Commonwealth of Pennsylvania.
B. 
Permit only the Board or its agent to inspect holding tanks on an annual basis.
C. 
Permit only a sewage hauler licensed by DEP and authorized by the Board or its agent to collect, transport and dispose of the contents therein.
Any person who violates any provisions of § 210-60 shall, upon conviction thereof by summary proceedings, be subject to a fine of not less than $500 and costs, and not more than $5,000 and costs or, in default thereof, shall be confined in the county jail for a period of not more than 30 days.
In addition to any other remedies provided in this article, any violation of § 210-60 above shall constitute a nuisance and shall be abated by the Township or the Board by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a Court of competent jurisdiction.