[Adopted 5-8-1995 by Ord.
No. 220]
The purpose of this article is to establish procedures for the use and
maintenance of existing and new privies designated 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 terms used in this article shall be as follows:
A watertight receptacle, whether permanent or temporary, which receives
and retains sewage conveyed by a water-carrying system and is designed and
constructed to facilitate the ultimate disposal of the sewage at another site.
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.
Franconia Township, Montgomery County, Pennsylvania.
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-for recreation.
The township is hereby authorized and empowered to undertake within
Franconia Township the control and methods of holding tank use, sewage disposal
and sewage collection and the transportation thereof.
A.
The township 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 of this article.
B.
All such rules and regulations adopted by the township
shall be in conformity with the provisions herein, all other ordinances of
the township, all applicable laws and applicable rules and regulations of
the administrative agencies of the Commonwealth of Pennsylvania.
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 solely by or
under the direction and control 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.
B.
The township will receive, review and retain pumping
receipts from permitted holding tanks.
C.
The township will complete and retain annual inspection
reports for each permitted tank.
The owner of an improved property that utilizes a holding tank shall:
A.
Maintain the holding tank in conformance with this article
or any 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 the agency or its agent to inspect holding
tanks on an annual basis.
C.
Permit only the township or its agent to collect, transport
and dispose of the contents therein.
[Amended 6-10-1996 by Ord.
No. 237]
Any person who violates or permits a violation of § 112-31 shall, upon being liable therefor in a civil enforcement proceeding commenced by the township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees incurred by the township. No judgment shall be imposed until the date of the determination of violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable Pennsylvania Rules of Civil Procedure.
In addition to any other remedies provided in this article, any violation of § 112-31 above shall constitute a nuisance and shall be abated by the municipality or the township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
