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 this chapter
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 meanings of terms used in this chapter shall
be as follows:
AUTHORITY
Councilmen of Lititz Borough, Lancaster 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 to which sewage is conveyed 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 township 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.
MUNICIPALITY
Lititz Borough, Lancaster 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, 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 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
chapter 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.
Any person who violates any provision of §
68-8 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 chapter, any violation of §
68-8 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.