The intent of this article is to establish procedures for the
construction, use, maintenance and regulation of holding tanks designed
to receive and retain sewage, whether from residential, commercial
or industrial 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 the Borough
of Eddystone, Delaware County, Pennsylvania.
Holding tanks require regular service and maintenance to prevent
their malfunction and overflow and shall be utilized only in lieu
of wastewater treatment tanks and subsurface absorption areas when:
A. A wastewater treatment tank and subsurface disposal system on the
property cannot qualify for a permit due to site conditions;
B. The applicable official Borough Sewerage Facilities Plan or revision
thereto indicates the use of holding tanks for that property; and
C. The applicant has received approval for the proposed wastewater disposal
site from the Pennsylvania Department of Environmental Protection.
The Authority is hereby authorized and empowered to undertake
within the Borough the control and methods of holding tank wastewater
disposal and the collection and transportation thereof.
The Authority is hereby authorized and empowered to adopt such
rules and regulations concerning wastewater 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 holding tank design shall be in accordance with the current
rules and regulations of the Pennsylvania Department of Environmental
Protection Rules and Regulations as described in Title 25, Chapters
71 and 73, as last revised.
The collection and transportation of all wastewater 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 maintain the holding tank in conformance with this or any ordinance
of the Borough of Eddystone, the provisions of any applicable law
and the rules and regulations of the Authority and any administrative
agency of the Commonwealth of Pennsylvania.
[Amended 1-9-1989 by Ord. No. 524, approved 1-9-1989]
Any person, individual, firm, corporation, association, partnership
and/or other legal entity who shall violate the provisions of this
article shall, upon conviction before any District Justice legally
empowered to hear such matter, be punished by a fine of not more than
$1,000 or, in default thereof, be imprisoned for a period not exceeding
30 days. Each day's failure to comply with the provisions of
this article shall constitute a separate violation hereof.
In addition to any other remedies provided in this article,
any violation shall constitute a nuisance and shall be abated by the
Borough of Eddystone or the Authority by either seeking appropriate
equitable or legal relief from a court of competent jurisdiction.