[Adopted 8-13-1973 by Ord. No. 430]
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 meanings of terms used in this article shall be as follows:
Sellersville Borough, Bucks County, a Pennsylvania Political
Subdivision.
[Amended 7-7-1997 by Ord. No. 604]
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 TOILETA toilet using chemicals that discharge to a holding tank.
RETENTION TANKA holding tank where sewage is conveyed to it by a water-carrying system.
VAULT PIT PRIVYA holding tank 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 periodic habitation, occupancy
or use by human beings or animals and from which structure sewage
shall or may be discharged.
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 is hereby authorized and empowered to undertake
within the Borough the control and methods of holding tank sewage
disposal and the collection and transportation thereof.
The Borough 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 and 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 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 Borough, 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 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 only the Borough or anyone acting under the direction of the
Borough to collect, transport and dispose of the contents therein.
[Amended 7-7-1997 by Ord. No. 604; 10-12-2015 by Ord. No. 703]
Violations of § 121-8 shall be enforced by a criminal action in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. A person convicted of violating § 121-8 shall be sentenced to pay a fine not to exceed $1,000 per violation, plus court costs and reasonable attorneys' fees incurred by the Borough of Sellersville, or to imprisonment for not more than 90 days, or both. Violations of more than one provision of § 121-8 shall constitute separate violations. Each day that a violation of any provision of § 121-8 continues or occurs shall constitute a separate violation.
In addition to any other remedies provided in this article, any violation of § 121-8 above shall constitute a nuisance and may be abated by the Borough or other authorized agencies by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
The use of holding tanks shall be permitted only for such period
of time until public sanitary facilities are available to serve the
improved property. Within 10 days of said availability of public sanitary
facilities, the owner of said improved property shall cause all sewage
flows to be properly connected to the public facility. The Borough
may require the owner to provide adequate performance bonds or other
acceptable forms of surety to assure compliance with all sections
and provisions of this article.
