Borough of Bridgeport, PA Chapter 437 Sewage Holding Tanks

[HISTORY: Adopted by the Borough Council of the Borough of Bridgeport 2-6-1973 by Ord. No. 374, approved 2-6-1973 (Ch. 122 of the 1975 Code); amended in its entirety 9-26-2017 by Ord. No. 2017-006, approved 9-26-2017. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Dumping — See Ch. 236.

Health and sanitation — See Ch. 302.

Sewers — See Ch. 442.

Zoning — See Ch. 560.

§ 437-1 Purpose.

The purpose of this chapter 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 the chapter is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Borough.

§ 437-2 Definitions.

As used in this chapter the following terms shall have the meanings indicated:

BOROUGH

Bridgeport Borough, Montgomery 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:

A. CHEMICAL TOILET A toilet using chemicals that discharge to a holding tank.

B. RETENTION TANK A holding tank to which sewage is conveyed by a water-carrying system.

C. VAULT PIT PRIVY A holding tank designed to receive sewage where water under pressure is not available.

D. OTHER Any and all other watertight receptacle, whether permanent or temporary, which receives and retains sewage or water conveyed by a water-carrying system and is designed and constructed to facilitate the ultimate disposal of the sewage or water at another site.

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 and from which structure sewage shall or may be discharged.

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.

§ 437-3 Power and authority granted.

The Borough 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.

§ 437-4 Promulgation of rules and regulations.

A. The Borough 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.

B. All such rules and regulations adopted by the Borough 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.

§ 437-5 Imposition of rates and charges.

The Borough 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.

§ 437-6 Exclusiveness of rights and privileges.

The collection and transportation of all sewage from any improved property utilizing a holding tank shall be done by the owner under the direction and control of the Borough, 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. In the event the owner does not adequately collect and dispose of the sewage, the Borough shall dispose of the sewage and bill the owner any and all costs associated with removing, transporting, cleaning and disposing of the sewage.

§ 437-7 Duties of owner of improved property.

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

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

B. Permit the Borough or its designee to perform an annual inspection of the holding tank and appurtenances.

C. In the event the owner does not meet the obligation to appropriately collect, transport, and dispose of the sewage, permit the Borough or anyone acting under the direction of the Borough to collect, transport and dispose of the contents therein and charge the owner all associated costs and fees.

D. Abandon the holding tank when public sewer capacity becomes available and as directed by the Borough. Appropriately remove or abandon in place the holding tank when connection to the public sewer is completed and approved.

§ 437-8 Abatement of nuisances.

In addition to any other remedies provided in this chapter, any violation of § 437-7 shall constitute a nuisance and may be abated by the municipality or the Borough by seeing appropriate equitable or legal relief from a court of competent jurisdiction.

§ 437-9 Violations and penalties.

Any person who shall be convicted of a violation of any of the provisions of this chapter before any Magisterial District Judge shall be punishable by a fine of not more than $1,000 and costs of prosecution or by imprisonment in the county jail for a term not to exceed 30 days, or by both such fine and imprisonment. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for such separate offense.