[Adopted 6-8-1987 by Ord. No. 244; amended
in its entirety 6-11-2001 by Ord. No. 516]
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.
Holding tanks may be allowed only for structures
in existence at the time of the enactment of this article, as well
as for institutional, recreational and certain commercial uses.
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 TOILETA toilet using chemicals that discharge to a holding tank.
RETENTION TANKA holding tank where sewage is conveyed to it by a water-carrying system.
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is 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 Exeter, Berks County, Pennsylvania.
The Sewage Enforcement Officer of Exeter 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 adopted by the Township pursuant to this article.
[Amended 8-13-2007 by Ord. No. 640]
A.
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.
C.
The minimum capacity of a holding tank shall be 1,000
gallons or a volume equal to the quantity of waste generated in three
days, whichever is larger.
D.
The holding tank shall be equipped with a warning
device to indicate when the tank is filled to within 75% of its capacity.
Such warning device shall create and audible and visual signal at
a location frequented by the homeowner or responsible individual.
E.
Disposal of waste from a holding tank shall be at
a site approved by the Department of Environmental Protection.
The Township shall have the power and the 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 or owner.
The collection and transportation of all sewage
from any improved property utilizing a holding tank shall be done
under the jurisdiction of the Sewage Enforcement Officer 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 Protection of
the Commonwealth of Pennsylvania.
A.
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.
B.
Additionally, the owner shall execute with the Township
a holding tank agreement setting forth the terms of this article therein
and deposit with the Township an amount of money or other security
sufficient to guarantee the maintenance of said system, as determined
by the Sewage Enforcement Officer.
C.
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 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.
[Amended 8-13-2007 by Ord. No. 640]
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, and execute an agreement as set forth in § 305-8 aforesaid.
[Amended 8-13-2007 by Ord. No. 640]
Any person, firm or corporation who shall violate
any provision of this article, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this article continues or each section of this article
which shall be found to have been violated shall constitute a separate
offense.
[Amended 8-13-2007 by Ord. No. 640]
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 Township or the Department of Environmental
Protection by either seeking appropriate equitable or legal relief
from a court of competent jurisdiction.
