[Added 12-30-1991 by Ord. No. 502]
A.
The purpose of this article is to establish procedures
for the temporary 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.
B.
It is specifically intended that this article be and
is supplemental to Ordinance No. 297, enacted October 13, 1959,[1] and that the provisions of this article shall be applicable when
and only when a "person," as defined herein, demonstrates upon application
an inability to comply with the requirement of Ordinance No. 297.
[1]
Editor's Note: Ordinance No. 297 is codified as Arts. I through IV
of this chapter.
Unless the context specifically and clearly indicates otherwise, the
meanings of terms used in this article shall be as follows:
The Council of the Borough of Leetsdale, Allegheny County, Pennsylvania.
A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage of another site. The duration of operation of said holding tank shall be determined by the Borough upon review of application documents in accordance with § 236-28D of this article. The maximum period of operation of a holding tank shall not exceed one year. 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 not available.
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.
The Borough of Leetsdale, Allegheny County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole or partial,
of any property located in the Borough.
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 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, or upon approval 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 Resources 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 or an entity approved
by the Authority to collect, transport, and dispose of the contents therein.
C.
Provide a bond or other security at the time of application,
to insure the costs of removal and maintenance of the temporary holding tank.
D.
Provide, at the time of application, a detailed description
of the temporary holding tank; the proposed methods of use, maintenance and
disposal of contents to the temporary holding tank.
Any person who violates any provisions of § 236-28 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $100 and not more than $300 and costs, and in default of said fine and costs to undergo imprisonment in the county prison for a period not in excess of 30 days.
In addition to any other remedies provided in this article, any violation of § 236-28 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.
