The purpose of this article is to establish procedures for the
use and maintenance of holding tanks designed to receive and retain
sewage from institutional, recreational 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:
AUTHORITY
Supervisors of Upper Burrell Township, Westmoreland County,
Pennsylvania.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any other administrative agency of the Commonwealth
of Pennsylvania exercising jurisdiction over the subject matter of
this article.
HOLDING TANK
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:
B.
RETENTION TANKA holding tank where sewage is conveyed to it by a water-carrying system.
C.
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is not available.
IMPROVED PROPERTY
Any institutional, recreational or commercial property within
the Township 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
Upper Burrell Township, Westmoreland County, Pennsylvania.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
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.
The Authority is hereby authorized and empowered to undertake
within the Township the control and methods of holding tank sewage
disposal and the collection and transportation thereof.
All such rules and regulations adopted by the Authority shall
be in conformity with the provisions herein, all other ordinances
of the municipality, all applicable laws, and all 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 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 municipality, the provisions of any applicable law, and the
rules and regulations of the Authority and the rules and regulations
of 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 §
258-13 above or any rules and regulations adopted by the Authority shall be subject to any and all appropriate civil procedures, fines and penalties in accordance with law.
In addition to any other remedies provided in this article, any violation of §
258-13 above shall constitute a nuisance and shall be abated by the municipality or the Authority by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.