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 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
meaning of terms used in this article shall be as follows:
AUTHORITY
The Borough Council of Bradford Woods Borough, Allegheny County,
Pennsylvania.
HOLDING TANK
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:
B.
RETENTION TANKA holding tank where sewage is conveyed to it by a water-carrying system.
C.
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is not available.
IMPROVED PROPERTY
Any property within the Borough upon which there is erected a structure
intended for continuous or periodic habitation, occupancy or use by human
beings or animals from which structure sewage shall or may be discharged.
MUNICIPALITY
Bradford Woods Borough, Allegheny County, Pennsylvania.
OWNER
Any person vested with ownership, legal or equitable, sole or partial,
of any property located in the Borough.
PERSON
Any individual, partnership, company, association, corporation or
other group or entity.
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 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 Authority is hereby authorized and empowered to undertake within
the Borough the control and methods of holding tank sewage disposal and the
collection and transportation thereof.
The Authority 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.
All such rules and regulations adopted by the Authority shall be in
conformity with the provisions herein, all other ordinances of the Borough,
and all applicable laws, and applicable rules and regulations of administrative
agencies of the Commonwealth of Pennsylvania.
The Authority 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.
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 Authority, 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.
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 Borough, 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 Authority or its agent to collect, transport,
and dispose of the contents therein.
C. Furnish to the Borough an executed contract by a qualified
refuse hauler to dispose of the contents of the holding tank for the duration
of its use, said hauler to then become the designated agent of the Borough.
D. Furnish to the Borough a performance bond in an amount
to guarantee the payment for the cost of disposal of the contents of the holding
tank for the duration of its use.
Any person who violates any provisions of §
177-8 shall, upon conviction before the District Justice having jurisdiction thereof, be sentenced to pay a fine of not more than $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, be subject to imprisonment for not more than 30 days.
In addition to any other remedies provided in this article, any violation of §
177-8 above shall constitute a nuisance and shall be abated by the municipality or the Authority by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.