I. Procedures For Use and Maintenance of Holding Tanks

§ 26-161. Purpose .

   The purpose of this Part 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 used and it is hereby declared that the enactment of this Part is necessary for the protection, benefit, and preservation of the health, safety, and welfare of the inhabitants of Dover Township. The provisions of this Part shall not apply to farm holding tanks that are used for agricultural purposes, and which do not contain waste from a residential dwelling unit.

(Ord. 97-7, 5/27/1997, § 12.68)

§ 26-162. Rights and Privileges Granted .

   That the Township 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.

(Ord. 97-7, 5/27/1997, § 12.70)

§ 26-163. Rules and Regulations .

   That 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 herein.

(Ord. 97-7, 5/27/1997, § 12.71)

§ 26-164. Rules and Regulations to Be in Conformity with Applicable Law .

   All such rules and regulations adopted by the Township 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.

(Ord. 97-7, 5/27/1997, § 12.72)

§ 26-165. Rates and Charges .

   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.

(Ord. 97-7, 5/27/1997, § 12.73)

§ 26-166. Exclusiveness of Rights and Privileges .

   1.   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 size or sites as may be approved by the Department of Environmental Protection of the Commonwealth of Pennsylvania.

   2.   The Township will receive, review and retain pumping receipts from permitted holding tanks.

   3.   The Township will complete and retain annual inspection reports for each permitted tank.

(Ord. 97-7, 5/27/1997, § 12.74)

§ 26-167. Duties of Improved Property Owner .

   The owner of an improved property that utilizes a holding tank shall:

      A.   Maintain the holding tank in conformance with this or any Part of the Township, the provisions of any applicable law, and the rules and regulations of the Authority and any administrative agency of the Commonwealth of Pennsylvania.

      B.   Permit only the Township 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.

(Ord. 97-7, 5/27/1997, § 12.75)

§ 26-168. Intention of the Township .

   It is the intent of the Board of Supervisors that this Part is to be made a part of and incorporated into the Dover Township Code of Ordinances.

(Ord. 97-7, 5/27/1997, § 12.79)

§ 26-169. Civil Remedies .

   Any development activity conducted in violation of the provisions of this Part is hereby declared to be a public nuisance and a threat to the public's health, safety and welfare. Suits to restrain, prevent or abate a violation of this Part may be instituted in equity or at law by the Township or by an aggrieved person.

(Ord. 97-7, 5/27/1997, § 12.80)