[Adopted 9-7-1982 by Ord. No. 70]
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
use, 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.
This article shall apply to only properties
having existing structures at the time of the enactment of this article.
This article shall only apply to structures having no more than two
bathrooms and shall apply only to the disposal of domestic sewage
(human wastes).
As used in this article, the following terms
shall have the meanings indicated:
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:
CHEMICAL TOILET- A toilet using chemicals that discharge to a holding tank.
RETENTION TANK- A holding tank where sewage is conveyed to it by a water-carrying system.
VAULT PIT PRIVY- A holding tank designed to receive sewage where water under pressure is not available.
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.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the township.
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 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 recreation.
The Township of Bern, Berks County, Pennsylvania.
The Sewage Enforcement Officer of the township
is hereby authorized and empowered to license and allow holding tanks
in accordance with the provisions of this article and the rules and
regulations of the Department of Environmental Protection and any
and all rules and regulations adopted by the township, pursuant to
this article.
The township shall adopt, and amend as necessary
hereinafter, rules and regulations for the disposal of domestic waste
by holding tanks. All such rules and regulations adopted by the township
shall include and be in conformity with the provisions of the Department
of Environmental Protection of the Commonwealth of Pennsylvania.
The township shall have the power and right
to fix, alter, charge and collect rates, as shall be established by
resolution duly adopted hereinafter or so amended, for permits granted
by the Sewage Enforcement Officer in accordance with the provisions
of this article and the rules and regulations duly adopted. In any
case, the owner shall hold the township harmless from any expense,
cost or charge that it may incur from the enforcement of this article
as it relates to any permit granted to such person and owner.
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 Sewage Enforcement
Officer, 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.
No permit shall be granted to any owner of an
approved property that utilizes a holding tank prior to that owner
presenting evidence to the Sewage Enforcement Officer that the owner
has a binding agreement with a sewage disposal company for the regular
maintenance and disposal of the sewage collected in the holding tank
for a period no less than one year. All fees and costs of and concerning
said contract shall be paid to assure that the contractual agreement
is binding and that the sewage will be so removed accordingly. Any
permit granted to an owner of an improved property shall be for a
period of not more than one year and in no event for a period in excess
of the aforesaid contractual period.
The owner of an improved property that utilizes
a holding tank shall 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 Department of Environmental
Protection and any administrative agency of the Commonwealth of Pennsylvania.
This article shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits the violation of § 138-38 shall, upon conviction in a summary proceeding, be punishable by a fine of not more than $1,000 or by imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense. Each section of this article that is violated shall also constitute a separate offense.
In addition to any other remedies provided in
this article, any violation of this article shall constitute a nuisance
and may be abated by the municipality or the Department of Environmental
Protection by either seeking appropriate equitable or legal relief
from a court of competent jurisdiction.
