[Adopted 11-8-1993 by Ord. No. 1993-22 (Ch. 18, Part 4, of the 1983 Code of Ordinances)]
The purpose of this article is to establish
procedures for the use and maintenance of holding tanks designed to
receive and retain nonsewage wastewater, 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 the terms used in this article
shall be as follows:
Political subdivision as set forth in the Commonwealth of
Pennsylvania as an incorporated municipality.
A watertight receptacle, whether permanent or temporary,
which receives and retains nonsewage wastewater, and is designed and
constructed to facilitate the ultimate disposal of the nonsewage wastewater
at another site.
Any property within the Borough upon which there is erected
a structure intended for periodic nonoccupancy or use by human beings
or animals and from which structure nonsewage wastewater shall or
may be discharged.
New Freedom Borough, York County, Pennsylvania.
Any water substance that does not contain any products noxious
or deleterious substances 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 recreation.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Borough.
The Borough is hereby authorized and empowered
to undertake within the Borough the control and methods of holding
tank use, disposal, collection and transportation thereof.
A permit must be secured from the Borough Sewage
Enforcement Officer prior to the installation of such holding tank.
Each applicant shall submit a plot plan in duplicate, showing actual
dimensions of the property, the size and location of the holding tank
and any other information deemed necessary for review. Cost of the
permit will be set by resolution of the Council of the Borough of
New Freedom.
The Borough is hereby authorized and empowered
to adopt such rules and regulations concerning nonsewage wastewater
which it may deem necessary, from time to time, to effect the purposes
herein.
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.
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.
A.
The collection and transportation of all nonsewage
wastewater from any improved property utilizing a holding tank shall
be done solely by or 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.
B.
The Borough will receive, review and retain pumping
receipts and records from permitted holding tanks.
C.
The Borough will complete and retain annual inspection
reports for each permitted tank.
The owner of an improved property that utilizes
a holding tank shall:
A.
Maintain the holding tank in conformance with this
or any ordinance of the 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 only the Borough or its agent to inspect holding
tanks on an annual basis.
C.
Permit only the Borough or its agent to collect, transport
and dispose of the contents therein.
Any person who violates any provision of this
article shall, upon conviction thereof by summary proceedings, be
sentenced to pay a fine of not more than $600 and, in default of said
fine and costs, to undergo imprisonment in the county prison for a
period not in excess of 30 days. Any and all costs incurred by the
Borough as a direct or indirect result of a violation shall be the
sole responsibility of the person therefor charged with the violation.
In addition to any other remedies provided in this article, any violation of § 172-26 above shall constitute a nuisance and shall be abated by the Borough or the Borough Council by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
