The purpose of this article is to establish procedures for the use and maintenance of new and existing 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 Loganton Borough.
[HISTORY: Adopted by the Borough Council of the Borough of Loganton as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-7-1991 by Ord. No. 1991-04]
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows:
The Council of the Borough of Loganton, Clinton County, Pennsylvania.
A watertight receptacle whether permanent or temporary which receives and retains sewage and is designed and constructed to facilitate the 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 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.
Loganton Borough, Clinton 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 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 for recreation.
The Authority is hereby authorized and empowered to undertake within the Borough the control and methods of holding tank use, sewage disposal, and sewage collection and transportation thereof.
The Authority is hereby authorized and empowered to adopt by resolution such rules and regulations concerning sewage which it may deem necessary from time to time to effect the purposes herein.
All such rules and regulation 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 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 Authority shall receive, review and retain pumping receipts from permitted holding tanks and shall complete and retain inspection reports, at least once annually, for each permitted holding tank.
The owner or occupant of an improved property that utilizes a holding tank shall:
A.
Maintain the holding tank in conformance with this 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 anyone acting under the direction of the Authority to collect, transport, and dispose of the contents therein.
C.
Permit the Authority or its agents to inspect holding tanks at least once annually.
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 costs, and in default of said fine and costs, to undergo imprisonment for a period not in excess of 30 days.
In addition to any other remedies provided in this article, any violation of § 230-8 above shall constitute a nuisance and shall be abated by the Borough or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
[Adopted 5-2-1996 by Ord. No. 1996-03]
It is hereby declared that 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 and phrases used in this article shall be as follows:
The Loganton Borough Authority, a Pennsylvania municipal authority, acting by and through its Board, or in appropriate cases, by and through its authorized representatives.
The Borough of Loganton, a Pennsylvania municipality, acting by and through its Borough Council or, in appropriate cases, by and through its authorized representatives.
The extension across improved property from the sewage drainage system of a dwelling, building or other structure to the lateral of a sewer.
Any structure, building, trailer, apartment or room, or portion thereof, connected, directly or indirectly, to the sewer system and occupied or intended for occupancy as living quarters by an individual, a single family or other discrete group of persons.
The estimated equivalent amount of domestic sanitary sewage discharged by a single-family dwelling unit or a yearly average of 150 gallons per day.
Any property located within this Borough upon which there is erected a structure or structures intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged. Each separate structure or self-contained portion thereof shall constitute a separate improved property for purposes of this article.
Any and all wastes discharged from an industrial establishment, other than sanitary sewage, including but not limited to any solid, liquid or gaseous substance or waterborne wastes or form of energy rejected or escaping in the course of any industrial, manufacturing, processing, cleansing, laundering or assembling any product, commodity or article, or trade or business process or in the course of the development, recovery or processing of natural resources.
That part of the sewer system extending from a sewer to the curbline or, if there shall be no curbline, extending to the property line or if no such lateral shall be provided, then "lateral" shall mean that portion of, or place in, a sewer which is provided for connection of any customer facilities line.
Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
Any individual, partnership, company, association, society, corporation or other group or entity. For purposes of this article, "association" shall also mean the partners or members thereof, and "corporation" shall also mean the officers and directors thereof.
Normal water-carried household and toilet wastes discharged from any improved property.
Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes.
All facilities, as of any particular time, for collecting, transporting, pumping, treating and/or disposing of sanitary sewage and/or industrial wastes, situate in this Borough to be constructed, acquired, owned, maintained and operated by the Authority for rendering sewage service in and for the Borough.
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
A.
The owner of any improved property located in the Borough that fronts, abuts or is adjacent to a permanent easement for a lateral and whose principal building or any portion thereof is within 200 feet from the sewer system shall connect such improved property to the sewer system in such manner as the Authority may require within 60 days after notice to such owner from the Authority to make such connection, for the purpose of discharge of all sanitary sewage and industrial wastes from such improved property, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by the Authority, from time to time.
B.
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with the sewer as outlined herein, shall be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by the Authority from time to time.
D.
Prohibition of certain receptacles.
(1)
No privy vault, cesspool, sink hole, septic tank, holding tank or similar receptacle shall be used and maintained at any time upon any improved property which has been connected to a sewer or which has been required under Subsection A to be connected to a sewer.
(2)
Every privy vault, cesspool, sink hole, septic tank, holding tank or similar receptacle as described in Subsection D(1) in existence shall be abandoned and shall be cleansed and filled with inert material at the expense of the owner of such improved property, except under special circumstances and for good sanitary reasons or other good cause shown, and then only after special permission of the Authority, in writing, shall have been secured and subject to such rules, regulations and conditions as may be prescribed by the Authority. Any such privy vault, cesspool, sink hole, septic tank, holding tank or similar receptacle not so abandoned and cleansed and filled in accordance with the Authority's regulations shall constitute a nuisance and such nuisance may be abated as provided by law, at the expense of the owner of such improved property.
E.
No privy vault, cesspool, sink hole, septic tank, holding tank or similar receptacle at any time shall be connected with a sewer.
F.
The notice by the Authority to make a connection to a sewer, referred to in Subsection A, shall consist of a written or printed document requiring such connection in accordance with the provisions of this article and specifying that such connection shall be made within 60 days from the date such notice is given. Such notice may be given at any time after a sewer is in place which can receive and convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner either by personal service or by U.S. Mail.
A.
No person shall uncover, connect with, make any opening into or use, alter or disturb, in any manner, any sewer or the sewer system without first making application for and securing a permit, in writing, from the Authority. The Authority shall be permitted to charge such reasonable rates and fees as it may set by resolution from time to time for the costs of processing applications and issuing permits. The Authority shall issue a permit upon compliance with all rules, regulations and conditions as may be prescribed by resolution by the Authority from time to time.
B.
Except as otherwise provided herein, each improved property shall be connected separately and independently with a sewer through a customer facilities line. Grouping of more than one improved property on one customer facilities line shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, and then only after special permission of the Authority, in writing, shall have been secured and subject to such rules, regulations and conditions as may be prescribed by the Authority.
C.
All costs and expenses of construction of a customer facilities line and all costs and expenses of connection of a customer facilities line to a lateral, including testing, inspection and maintenance, shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and hold harmless the Borough and/or the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a customer facilities line or a connection of a customer facilities line to a lateral.
D.
Connections.
(1)
A customer facilities line shall be connected to a sewer at the place designated by the Authority and where the lateral is provided.
(2)
The bottom ("invert") of a customer facilities line at the point of connection to a lateral shall be at the same or a higher elevation than the bottom ("invert") of the lateral. A smooth, neat joint shall be made and the connection of a customer facilities line to the lateral shall be made secured and water tight.
E.
If the owner of any improved property located in this Borough and required under § 230-13A to be connected to a sewer, after 60 days notice from the Borough and/or the Authority, shall fail to connect such improved property, as required, the Authority may make such connection and may collect from such owner the costs and expenses thereof, including but not limited to labor, materials and any additional customer facilities fee established by the Authority. In such case, the Authority shall forthwith, upon completion of the work, send an itemized bill to the owner of the improved property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such improved property to pay said bill, the Authority shall file a municipal lien for said construction within six months of the date of the completion of the construction of said connection, the same to be subject in all respects to the general law providing for the filing and recovery of municipal liens.
A.
Where an improved property, at the time connection to a sewer is required, shall be served by its own sewage disposal system or device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or device and attachment shall be made, with proper fittings, to continue such house sewer line as a customer facilities line.
B.
No customer facilities line shall be covered until it has been inspected and approved by the Authority or its designated representative. If any part of a customer facilities line is covered before so being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved property to be connected to a sewer.
C.
Every customer facilities line of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
D.
Every excavation for a customer facilities line shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Streets, sidewalks and other public property disturbed in the course of installation of a customer facilities line shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to the Authority which may prescribe rules and regulations in regard thereto.
E.
If any person shall fail or refuse, upon receipt of a notice of the Authority, in writing, to remedy any unsatisfactory condition with respect to a customer facilities line, within 60 days of receipt of such notice, the Authority may refuse to permit such person to discharge sanitary sewage and/or industrial wastes into the sewer system until such unsatisfactory condition shall have been remedied to the satisfaction of the Authority.
F.
The Borough reserves the right to adopt, from time to time, such additional rules and regulations as it shall deem necessary and proper relating to the connections with a sewer and the sewer system, which additional rules and regulations, to the extent appropriate, shall be construed as part of this article.
G.
Every owner of any improved property located on the floodplain as identified as the one-hundred-year flood area by the most recent flood insurance rate map (FIRM) shall be prohibited from any new connections to the sewer system, except only after special permission of the Authority, in writing, shall have been secured.
H.
Every owner of any improved property located in a wetland area of the Borough as designated by United States Fish and Wildlife Service, the Pennsylvania Department of Environmental Protection or other applicable federal, state or local agency, shall be prohibited from any new connection to the sewer system and any excess fill from the construction of the sewer system is hereby prohibited from being placed in any such wetland area within the Borough, except only after special permission of the Authority, in writing, shall have been secured.
I.
Every owner of any improved property located outside the project boundary lines within the Borough shall be prohibited from any new connection to the sewer system in order to promote compact community development and discourage unnecessary conversion of important farm land, except only after special permission of the Authority, in writing, shall have been secured.
J.
The discharge of stormwater runoff or groundwater into the sewer system is hereby prohibited. All persons connecting to the sewer system shall provide adequate means for excluding stormwater runoff from the customer facilities line and/or other connection to the sewer system. No person whose premises are connected to the sewer system shall connect any roof drain or foundation drain thereto or permit any such drainage to remain connected thereto nor shall any person allow or cause to enter into the sewer system any spring water or surface water from any other source. Nothing contained herein shall prohibit the present or future discharge of stormwater runoff to storm sewers or to natural watercourses.
K.
The Authority, by its duly authorized agents, shall have the right of access at all reasonable times to any improved property connected with the sewer system in order to examine and inspect the sewer connections and fixtures to ascertain if said connections and fixtures are in conformity with this article and in conformity with the rules, regulations and conditions of the Authority. The Authority, by its duly authorized agents, shall have the further right of access at all reasonable times to any improved property connected with the sewer system in order to disconnect service from the sewer system for any violations of this article.
L.
After inspection of said sewer connections and fixtures, if it is determined by the Authority or its duly authorized agents that said connections and/or fixtures are not in conformity with this article, then the owner of said improved property shall be given written notice of such violation by means of certified mail, return receipt requested, at his or her last known address and by posting the property with a notice of the violation. If no action is taken within 30 days of such notice being given to correct said violation, the said owner of the improved property shall have committed an offense hereunder and shall be subject to prosecution therefor.
M.
No person shall discharge into the sewer system any substance except at a connection point into the said system approved by the Authority. The discharge of substances into the sewer system shall also be in conformity with the rules, regulations and conditions of the Authority established herein or otherwise to be established by resolution of the Authority from time to time. The Authority, alone or in conjunction with other municipalities, shall designate a suitable person to inspect and improve all customer facilities line connections and fixtures constructed or installed in the Borough.
N.
The Authority shall impose and collect a connection fee, customer facilities fee and/or tapping fee as defined by the Municipality Authorities Act of 1945, as amended,[1] for each improved property in an amount to be determined from time to time by resolution of the Authority for each equivalent dwelling unit, the number of equivalent dwelling units for each improved property to be determined in the discretion of the Authority.
O.
The Authority is authorized to fix, alter, change and collect rates, fees and other charges upon each improved property having any sewer connection with the sewer system of the Authority, whether said improved property is occupied or unoccupied, and through which may be discharged any sewage into said sewer system or any part thereof. Said rates, fees and other charges shall be assessed in accordance with the rules, regulations and conditions established by resolution of the Authority from time to time in amounts necessary for the construction, improvement, repair, maintenance and operation of its facilities and properties.
A.
Any person who shall violate any provision of this article shall be liable, upon summary conviction for a first offense and upon summary conviction for each subsequent offense, to a fine of not less than $100 nor more than $600, together with the cost of prosecution in each case, or in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation shall continue shall be deemed and shall be taken to be a separate offense and shall be punishable as such.
B.
Fines and costs imposed under provisions of this article shall be enforceable and recoverable in the manner at the time provided by applicable law.
C.
Nothing contained herein shall prevent the Borough and/or the Authority from pursuing such other remedies available at law or equity in order to enforce the terms and conditions of this article.