[Adopted 10-16-1984 by Ord. No. 907 (Ch. 18, Part 1, of the
1999 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
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 Borough.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
The Borough of West Mifflin.
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:
CHEMICAL TANKA toilet using chemicals that discharge to a holding tank.
RETENTION TANKA holding tank system where sewage is conveyed to said tank by a water-carrying system.
VAULT PIT PRIVYA holding tank system 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 habitual habitation, occupancy
or use by human beings or animals and from which structure sewage
shall or may be discharged.
Any person who has a leasehold interest in any realty within
the Borough, whether the original lessee or a subtenant.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located within the Borough.
Any individual, partnership, company, association, corporation
or any other group or entity.
Any substance that contains any of the waste products or
excrement or other discharges from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health, welfare or safety or to animal or aquatic life
or to the streams and rivers or to the use of water, whether for domestic
water consumption, supply or recreation.
The Zoning Officer of the Borough of West Mifflin.
[Amended 3-17-1992 by Ord. No. 990; 3-16-1999 by Ord. No. 1094]
A.
The Council of the Borough of West Mifflin 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.
B.
All such rules and regulations adopted by Council shall be in conformity
with all applicable laws and applicable rules and regulations of administrative
agencies of the Commonwealth of Pennsylvania.
C.
Fixing charges. Council of the Borough of West Mifflin 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.
D.
Exclusive right and privilege of Borough Council. The following rules
and regulations shall be the exclusive right and privilege of the
Council of the Borough of West Mifflin:
(1)
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 Council of the Borough of West Mifflin
and the designated agent, Zoning Officer of the Borough of West Mifflin,
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.
(2)
The Council of the Borough of West Mifflin will receive, review and
retain pumping receipts from permitted holding tanks.
(3)
Council of the Borough of West Mifflin will complete and retain annual
inspection reports for each permitted tank.
E.
Abatement of nuisances. In addition to other remedies provided in this article, any violation of this article shall constitute a nuisance and shall be abated by the Borough of West Mifflin or by Council of the Borough of West Mifflin by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction. Seeking abatement by civil action shall not prevent the Borough from filing a criminal complaint with the Magisterial District Judge and subjecting the violations thereof to the penalty set forth in § 220-18 of this article.
[Amended 3-16-1999 by Ord. No. 1094]
The collection and transportation of sewage from any improved
property utilizing a holding tank shall be done solely by or under
the direction and control of the Zoning Officer, and the disposal
thereof shall be made only in accordance with and only at such site
or sites as may be approved and regulated by the Department of Environmental
Protection of the Commonwealth of Pennsylvania, and any other rules
and regulations applicable by any administrative agency authorized
by applicable law to enact said rules and regulations.
[Amended 3-16-1999 by Ord. No. 1094]
The owner and the lessee, severally and jointly, of an improved
property that utilizes holding tanks shall:
A.
Maintain the holding tank in conformance with this article and any
other ordinance of the Borough, the provisions of any applicable law,
the rules and regulations of the Borough and any other administrative
agency of the Commonwealth of Pennsylvania or Allegheny County.
B.
Any owner or lessee, prior to the collection, transportation and
disposal of the contents of any holding tank, shall make application
to the Zoning Officer setting forth the following:
C.
Upon the receipt of the application, the Zoning Officer shall review
the application for compliance with any rules and regulations of the
Borough or provisions of any applicable law.
D.
If the Zoning Officer disapproves the application for collection
and disposal, the Zoning Officer shall, by written statement, state
the objections of the Borough and what provisions are necessary to
correct said application. The owner and lessee shall immediately take
steps to correct the deficiencies of the application and resubmit
a new application for collection, transportation and disposal of the
contents therein.
E.
The collection, transportation and disposal of the contents of any
holding tank shall be done at the cost of the owner and/or lessee,
severally or jointly; provided, however, if, in the opinion of the
Zoning Officer, the owner or lessee has neglected or failed to collect,
transport and dispose of the contents of any holding tank as may be
necessary, the Zoning Officer is authorized to engage a qualified
person to collect, transport and dispose of the contents of said holding
tank. The cost of such collection, transportation, and disposal shall
be billed to the owner and/or lessee, jointly or severally.
F.
Prior to the construction of any holding tank authorized by the Zoning
Officer pursuant to this article, or any other applicable written
law, rules and regulations, the owner and/or lessee shall make application
for a holding tank permit, together with payment of a license fee
as established from time to time by resolution of Borough Council.
In addition to the fee required, the owner and/or lessee shall be
required to place with the Borough a performance bond with an approved
security conditioned upon the faithful performance of collection,
transportation and disposal of the contents of the holding tank and
removal of said tank in such amounts as determined by the Borough
Engineer. In setting the amount of the bond, the Borough Engineer
shall determine the size of the holding tank in relationship to the
anticipated use as indicated by the structure or dwelling said holding
tank shall service and shall make a calculation as to the number of
times the contents of said holding tank shall be collected, transported
and disposed within a calendar year and the cost or removal of said
tank when no longer needed. The Borough Engineer shall further estimate
the cost of the collection, transportation and disposal of the contents
therein for each annual year which shall be the principal amount of
the bond required. All said bonds with approved surety shall be renewed
annually and shall be required during the use of said tank. The principal
amount of said bond may be increased or decreased annually by the
Engineer in accordance to the anticipated cost as determined by the
aforesaid calculations.
G.
Should any owner and/or lessee neglect or fail to make collection,
transportation and disposal of the contents as required, or fail to
do so within five days from notification by the Zoning Officer, the
Zoning Officer shall take one or more of the following steps:
(1)
Arrange and contract for the collection, transportation and disposal
of the contents of said holding tank.
(2)
Issue a cease and desist order for use of the toilet and sewage facilities
which void into the said holding tank.
(3)
Suspend and/or revoke the occupancy permit of the buildings or structures
said holding tank or tanks service.
H.
The owner and/or lessee shall prevent any leakage of the contents
of said holding tank into the ground, any watershed or any watercourse.
Upon discovery of any leakage by any person or the Zoning Officer,
the owner and/or lessee shall immediately cease using all toilet and
sewage facilities voiding into said holding tank until repaired or
replaced and, within one day, collect, transport and dispose of the
contents.
I.
Upon construction of sanitary sewers in the area, the owner shall,
within 30 days after notice by the Borough, tap in all sewage facilities
servicing the site into the Borough's sanitary sewer line and
pay any and all fees or costs connected with said tap-in. Prior service
of the realty by a holding tank shall not be construed to relieve
the realty or the owner from payment of any assessed benefits to the
realty benefited by the construction of sanitary sewers.
J.
Upon completion of the tap-in of any holding take site into the Borough's
sanitary sewer system or upon the expiration of 30 days from the date
of notice, whichever is sooner, the owner and/or lessee shall collect,
transport and dispose of the contents of any holding tank and shall
remove the holding tank from the site. In the proper case or circumstance,
the Zoning Officer may give written consent to the owner and/or lessee
to fill the holding tank with sand in lieu of removal.
A.
Prior to any installation of any holding tank or issuance of a holding
tank permit by the Zoning Officer, the owner, lessee or person making
actual installation of the holding tank shall submit, in writing,
to the Zoning Officer, at least two weeks prior to the intended installation,
the following data:
(1)
The type of holding tank intended to be installed, together with
the size and capacity of said tank.
(2)
The useful life of said tank.
(3)
A certification from the manufacturer or any other qualified person
that said tank shall not leak its contents during the useful life
of said tank.
(4)
The method of installation and the person hired to do said installation.
However, upon review of the application by the Zoning Officer, after
consultation with the Borough Engineer, the Zoning Officer shall make
a determination that the proposed tank quantity and size and installation
methods are consistent with the rules and regulations of the Borough
regulating this matter, the rules and regulations of the Commonwealth
of Pennsylvania, the County of Allegheny or any other governmental
agencies regulating these matters. If the Zoning Officer approves
the application for installation, upon payment of the required fee,
the Zoning Officer shall issue the holding tank permit.
B.
If the Zoning Officer disapproves the tank, he shall set forth, in
writing, the causes and basis for his disapproval.
Any applicant or affected person may, within 10 days of a decision
of the Zoning Officer, appeal such decision to the Borough Council
for a review. The requested review shall be conducted during the regularly
scheduled meeting. The Borough Council may affirm or reverse or modify
the findings of the Zoning Officer. Any person adversely effected
by a decision of the Borough Council may appeal to a court of competent
jurisdiction within 30 days of the date of the decision; provided,
however, no such appeal from the decision of the Zoning Officer or
from Council of the Borough of West Mifflin shall act as a stay to
any decisions rendered by the Zoning Officer or the Borough Council.
In applying the provisions of this article, they shall be interpreted
to be the minimum requirements for the promotion of the public health,
safety and general welfare. It is not intended to interfere with,
abrogate or annul any other ordinance, rules, regulations, or permits
previously adopted or issued, except as amended hereby, or with any
other rules or regulations of any other administrative agency having
jurisdiction of this matter. Where this article imposes greater restrictions
upon the use of holding tanks, then this article shall control. It
is the intent of Council of the Borough of West Mifflin that the provisions
of this article are severable. Should any section or provisions of
this article or subsequent amendments hereto be declared by the courts
to be unconstitutional or invalid for any reason, such decision shall
not affect the validity of this article as a whole or the validity
of any other section or provision of this article other than the one
so declared to be invalid.
[Amended 3-16-1999 by Ord. No. 1094]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000, plus costs, and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this article continues shall constitute
a separate offense.
In addition to any other remedies provided in this article,
any violation of this article shall constitute a nuisance and may
be abated by either seeking appropriate equitable or legal relief
from a court of competent jurisdiction, or, when the Zoning Officer,
as authorized by this article, is required to take affirmative steps
to correct the condition by hiring contractors for the collection,
transportation and disposal of the contents of said holding tank or
the removal of said holding tank, the costs incurred shall be imposed
on the owner of the property, and the Solicitor of the Borough is
hereby authorized to lien said property for recovery of costs and/or
file action to recover said costs from the bonding company of said
owner or lessee. In addition, the Solicitor is hereby authorized to
file civil suit in a court of competent jurisdiction to recover the
costs by civil suit.
