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, except
for such exemptions set aside by the Act of Assembly as shall be applicable
to agricultural uses.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
HOLDING TANK
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.
IMPROVED PROPERTY
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.
MUNICIPALITY
The Borough of Towanda, Bradford County, Pennsylvania.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, or 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, except such exemptions
as shall be set aside by an Act of Assembly as exempt from requiring
planning in the disposal of waste for agricultural uses without actual
harm resulting, as follows: agricultural farm waste, as defined under Chapter 101, Subsection 101.8, regarding special water pollution regulations.
All such rules and regulations 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 owner 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 its agent to inspect holding tanks on
an annual basis.
C. Permit only the Authority or its agent to collect, transport and
dispose of the contents therein.
Any person who violates any provisions of §
239-28 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $100 and not more than $1,000 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 §
239-28 above shall constitute a nuisance and shall be abated by the municipality or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.