[Adopted 7-27-1999 by Ord. No. D-1/7-27-99, approved 7-27-1999]
The purpose of this article is to establish procedures for the
use and maintenance of existing and new 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 municipality.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage conveyed by a water carrying system
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site.
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.
The Borough of Masontown, Fayette 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 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 Borough Council 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 Borough Council 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 Borough 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 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 authorized by applicable
law.
A.
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 Borough, 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.
B.
The Borough will receive, review and retain pumping receipts 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 article or any
ordinance of this 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 the Borough or its agent to inspect holding tanks on an annual
basis or at any other time upon reasonable notice given.
C.
Permit only the Borough or its agent to collect, transport and dispose
of the contents therein.
Any person who violates any provisions of § 115-72 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $100 and not more than $300 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 article, any violation of § 115-72 above shall constitute a nuisance and shall be abated by the Borough by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
