[Adopted 9-12-2005 by Ord. No. 243]
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 Borough.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
The Borough of Bell Acres.
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:
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
RETENTION TANKA holding tank system where sewage is conveyed to said tank by a water-carrying system.
VAULT PIT PRIVYA holding tank system 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 habitual habitation, occupancy
or use by human beings or animals and from which structure sewage
shall or may be discharged.
Any person who has a leasehold interest in any realty within
the Borough, whether the original lessee or a subtenant.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located within the Borough.
Any individual, partnership, company, association, corporation
or group or entity.
Any substance that contains any of the waste products or
excrement or other discharges from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health, welfare or safety, or to animal or aquatic life
or to the streams and rivers, or to the use of water whether for domestic
water consumption, supply or recreation.
The Zoning Officer for the Borough of Bell Acres.
The Council of the Borough of Bell Acres may
adopt such rules and regulations concerning sewage which it may deem
necessary from time to time to control the methods of holding tank
sewage collection, transportation and collection thereof; and Council
may adopt such rules and regulations concerning sewage which it may
deem necessary from time to time to effect the purposes herein. Such
rules and regulations shall be adopted by Council either by motion
or resolution.
All such rules and regulations adopted by Council
shall be in conformity with all applicable laws and applicable rules
and regulations of administrative agencies of the Commonwealth of
Pennsylvania.
The collection and transportation of sewage
from any improved property utilizing a holding tank shall be done
solely by or under the direction and control of the Zoning Officer,
and the disposal thereof shall be made only in accordance and only
at such site or sites as may be approved and regulated by the Department
of Environmental Protection of the Commonwealth of Pennsylvania, and
any other rules and regulations applicable by any administrative agency
authorized by applicable law to enact such rules and regulations.
The owner and the lessee, severally and jointly,
of an improved property that utilizes holding tanks shall:
A.
Maintain the holding tank in conformance with this
article and any other ordinance of the Borough, the provisions of
any applicable law, the rules and regulations of the Borough and any
other administrative agency of the Commonwealth of Pennsylvania or
Allegheny County.
B.
Any owner or lessee, prior to the collection, transportation
and disposal of the contents of any holding tank, shall make application
to the Zoning Officer setting forth the following:
C.
Upon the receipt of the application, the Zoning Officer
shall review the application for compliance with any rules and regulations
of the Borough, or provisions of any applicable law.
D.
If the Zoning Officer disapproves the application
for collection and disposal, the Zoning Officer shall by written statement
state the objections of the Borough and what provisions are necessary
to correct said application. The owner and lessee shall immediately
take steps to correct the deficiencies of the application and resubmit
a new application for collection, transport and disposal of the contents
therein.
E.
The collection, transportation and disposal of the
contents of any holding tank shall be done at the cost of the owner
and/or lessee severally or jointly; provided, however, if, it is the
opinion of the Zoning Officer that the owner or lessee has neglected
or failed to collect, transport and dispose of the contents of any
holding tank as may be necessary, the Zoning Officer is authorized
to engage a qualified person to collect, transport and dispose of
the contents of said holding tank. The costs of such collection, transportation
and disposal shall be billed to the owner and/or lessee, jointly or
severally.
F.
Prior to the construction of any holding tank authorized
by the Zoning Officer pursuant to this article or any other applicable
written law, rules and regulations, the owner and/or lessee shall
make application for a holding tank permit together with payment of
a $300 license fee. In addition to the fee required, the owner and/or
lessee shall be required to place with the Borough a performance bond
with approved security conditioned upon the faithful performance of
collection, transportation and disposal of the contents of the holding
tank and removal of said tank in such amounts as determined by the
Borough Engineer. In setting the amount of the bond, the Borough Engineer
shall determine the size of the holding tank in relationship to the
anticipated use as indicated by the structure or dwelling said holding
tank shall service, and shall make a calculation as to the number
of times the contents of said holding tank shall need to be collected,
transported and disposed within a calendar year, and the cost of removal
of said tank when no longer needed. The Borough Engineer shall further
estimate the cost of the collection, transportation and disposal of
the contents therein for each annual year which shall be the principal
amount of the bond required. All said bonds with approved surety shall
be renewed annually and shall be required during the use of said tank.
The principal amount of said bond may be increased or decreased annually
by the Engineer in accordance to the anticipated cost as determined
by the aforesaid calculations.
G.
Should any owner and/or lessee neglect or fail to
make collection, transportation and disposal of the contents as required,
or fails to do so within five days from notification by the Zoning
Officer, the Zoning Officer shall take one or more of the following
steps:
(1)
Arrange through the Bell Acres Municipal Authority
for the collection, transportation and disposal of the contents of
said holding tank.
(2)
Issue a cease-and-desist order for use of the toilet
and sewage facilities which void into the said holding tank.
(3)
Suspend and/or revoke the occupancy permit of the
buildings or structures said holding tank or tanks service.
H.
Prevent any leakage of the contents of said holding
tank into the ground, any watershed or any watercourse. Upon discovery
of any leakage by any person or the Zoning Officer, the owner and/or
lessee shall immediately cease using all toilet and sewage facilities
voiding into said holding tank until repaired or replaced and, within
one day, collect, transport and dispose of the contents.
I.
Upon construction of sanitary sewers in the area,
the owner shall, within 30 days after notice by the Borough, tap-in
all sewage facilities servicing the site into the Borough's sanitary
sewer line and pay any and all fees or costs connected with said tap-in.
Prior service of the realty by a holding tank shall not be construed
to relieve the realty or the owner from payment of any assessed benefits
to the realty benefited by the construction of sanitary sewers.
J.
Upon completion of the tap-in of any holding tank
site into the Borough's sanitary sewer system or upon the expiration
of 30 days from the date of notice, whichever is sooner, shall collect,
transport and dispose of the contents of any holding tank, and shall
remove the holding tank from the site. In the proper case or circumstance,
the Zoning Officer may give written consent to the owner and/or lessee
to fill the holding tank with sand in lieu of removal.
A.
Prior to any installation of any holding tank or issuance
of a holding tank permit by the Zoning Officer, the owner and/or lessee
or person making actual installation of the holding tank shall submit,
in writing, to the Zoning Officer, at least two weeks prior to the
intended installation, the following data:
(1)
The type of holding tank intending to be installed
together with the size and capacity of said tank.
(2)
The useful life of said tank.
(3)
A certification from the manufacturer or any other
qualified person that said tank shall not leak its content during
the useful life of said tank.
(4)
The method of installation and the person hired to
do said installation.
B.
Upon review of the application by the Zoning Officer
after consultation with the Borough Engineer, the Zoning Officer shall
make a determination that the proposed tank, quantity and size, and
installation methods are consistent with the rules and regulations
of the Borough regulating this matter; the rules and regulations of
the Commonwealth of Pennsylvania, the County of Allegheny or any other
governmental agencies regulating these matters.
Any applicant or affected person may, within
10 days of a decision of the Zoning Officer, appeal such decision
to the Borough Council for review. The requested review shall be conducted
during a regularly scheduled meeting. The Borough Council may affirm,
or reverse or modify the findings of the Zoning Officer. Any person
adversely affected by a decision of the Borough Council may appeal
to a court of competent jurisdiction within 30 days of the date of
the decision; provided, however, no such appeal from the decision
of the Zoning Officer or from Council of the Borough of Bell Acres
shall act as a stay to any decisions rendered by the Zoning Officer
or the Borough Council.
In applying the provisions of this article,
they shall be interpreted to be the minimum requirements for the promotion
of the public health, safety and general welfare. It is not intended
to interfere with, abrogate or annul any other ordinance, rules, regulations,
or permits previously adopted or issued, except as amended hereby,
or with any other rules or regulations of any other administrative
agency having jurisdiction of this matter. Where this article imposes
greater restrictions upon the use of holding tanks, then this article
shall control. It is the intent of Council of the Borough of Bell
Acres that the provisions of this article are severable. Should any
section or provisions of this article or subsequent amendments thereto,
be declared by the courts to be unconstitutional or invalid for any
reason, such decision shall not affect the validity of this article
as a whole or the validity of any other section or provision of this
article other than one so declared to be invalid.
Any person violating any of the provisions of
this article, or aiding, abetting or assisting the violation thereof,
shall, upon conviction thereof by summary of judgment, be sentenced
to pay a fine of not more than $200 and costs of prosecution of each
offense and, in default of the payment of such fine and costs of prosecution,
shall be liable for imprisonment in the Allegheny County Jail for
a period not exceeding 30 days. Each day that a violation is permitted
to exist after notification in writing, such violation shall constitute
a separate offense.
In addition to any other remedies provided in
this article, any violation of this article shall constitute a nuisance
and may be abated by either seeking appropriate equitable legal relief
from a court of competent jurisdiction or, when the Zoning Officer
as authorized by this article is required to take affirmative steps
to correct the condition by hiring contractors for the collection,
transportation and disposal of the content of said holding tank or
the removal of said holding tank, the costs incurred shall be imposed
on the owner of the property and the Solicitor of the Borough is hereby
authorized to lien said property for recovery of costs and/or file
action to recover said costs from the bonding company of said owner
and/or lessee. In addition, the Solicitor is hereby authorized to
file civil suit in a court of competent jurisdiction to recover the
costs by civil suit.
