[Adopted 10-4-2010 by Ord. No. 186]
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. 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:
- Council members of the Borough of Chester Heights, Delaware County, Pennsylvania.
- 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.
- The Borough of Chester Heights, Delaware 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 or any substance which constitutes pollution under the Clean Stream Law (35 P.S. §§ 691.1 through 691.1001).
The Agency 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 Agency 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 Agency 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 Agency 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 Agency, 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 Agency will receive, review and retain pumping receipts from permitted holding tanks.
The Agency will complete and retain annual inspection reports for each permitted holding tank.
A Borough operating permit for the utilization of holding tanks within the Borough for the collection of sewage issued after the effective date hereof shall expire one year from the date of issuance and shall not be renewable except at the discretion of the Borough, upon its review, for such additional period of time as shall be deemed appropriate by the Borough. The annual Borough operating permit fee for a holding tank shall be $100.
The owner of an improved property that utilizes a holding tank shall:
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 Agency and any administrative agency of the Commonwealth of Pennsylvania.
Permit only the Agency or its agent to inspect holding tanks on an annual basis.
Permit only a licensed hauler to collect, transport, and dispose of the contents therein. An agreement shall be required between the owner and the licensed hauler outlining responsibilities for each in accordance with PA DEP rules and regulations.
Provide proof to the Borough that the hauler and the dumping site are both licensed by DEP or other appropriate governmental agency.
Provide the Borough through its sewage enforcement officer with receipts indicating that the holding tank has been pumped on a regular basis.
Calculate average daily flow rates (gallons per day) quarterly to ensure proper tank capacity remains in place. Additional capacity, constructed at the owner's expense, may be required by the Borough if the average daily flow exceeds the original estimate by more than 25% for two consecutive quarters.
Fill any holding tank which has remained unused for a period of four consecutive years with dirt or similar material.
Deposit the sum of $400 for each 1,000 gallons of holding tank capacity, or part thereof, with the Borough, to be held by the Borough in a separate Borough account, to assure reimbursement to the Borough of the costs of collecting, transporting and disposing of the contents of the holding tank or repairing or correcting malfunctions of the holding tank or ameliorating health hazards caused by the utilization of the holding tank, and the Borough shall have the right to withdraw funds from the account for such purposes without any specific consent of the owner. If the cost of collecting, transporting and disposing of the contents of the holding tank four times exceeds $400 per 1,000 gallons, then the owner shall deposit such additional sum in said account. In the event it becomes necessary for the Borough to draw on the account for the purposes set forth herein, the owner shall replenish the account immediately upon request of the Borough so that the balance required herein is maintained at all times. Failure of the owner to comply with the requirements of this subsection shall be grounds for immediate revocation of the holding tank permit.
Discontinue the use of such holding tank, if a permit for its use has been issued pursuant to this article and rules and regulations adopted hereunder, within one year from the date of issuance of the permit, and begin using a sewage collection and disposal system which has been approved for permanent use in place of such holding tank, unless the permit has been renewed by the Borough pursuant to § 158-32D above.
Any permit for the use of a holding tank in the Borough issued by authority of the Borough pursuant to this article or any rules and regulations adopted hereunder shall be valid for only one year and shall not be renewable, except as set forth above in § 158-32D. Any person who sells, transfers or conveys an improved property in the Borough which utilizes a permitted holding tank for collection and disposal of sewage shall give written notice to the purchaser or transferee thereof that the permit for the holding tank shall expire one year from the date of issuance thereof and shall not be renewable and shall furnish a true and accurate copy of the holding tank permit to the new owner.
No permit for the use of a holding tank in the Borough shall be issued, whether pursuant to this article, any rules and regulations adopted hereunder, or otherwise, unless all other possible means of collecting and disposing of sewage at the property in question have been considered and found to be unusable.
Any person who violates any provisions of § 158-33 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $500 and not more than $5,000 and in default of said fine and costs to undergo imprisonment in the county prison for a period not in excess of 90 days.
In addition to any other remedies provided in this article, any violation of § 158-33 above shall constitute a nuisance and shall be abated by the municipality or the Agency by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.