[Ord. 579, 6/11/1990, § 1]
The purpose of this Part 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 Part is
necessary for the protection, benefit and preservation of the health,
safety and welfare of the inhabitants of this Borough.
[Ord. 579, 6/11/1990, § 2; as amended by Ord. 741,
12/30/2002, § 1]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
AUTHORITY
Councilmen of the Borough of Jefferson Hills, Allegheny 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.
MUNICIPALITY
Borough of Jefferson Hills, Allegheny County, Pennsylvania.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of 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.
[Ord. 579, 6/11/1990, § 3]
The Authority 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.
[Ord. 579, 6/11/1990, § 4]
The Authority 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.
[Ord. 579, 6/11/1990, § 5]
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.
[Ord. 579, 6/11/1990, § 6]
The Authority shall have the right and power to fix, alter and
collect rates, assessments and other charges in the area served by
its facilities at reasonable and uniform rates as authorized by applicable
law.
[Ord. 579, 6/11/1990, § 7; as amended by Ord. 685,
5/11/1998]
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 Authority, 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 Authority will receive, review and retain pumping receipts from
permitted holding tanks.
3. The Authority will complete and retain annual inspection reports
for each permitted tank.
[Ord. 579, 6/11/1990, § 8]
The owner of any 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 it agent to collect, transport and dispose
of the contents therein.
[Ord. 579, 6/11/1990, § 9; as amended by Ord. 685,
5/11/1998; and by Ord. 844, 9/8/2014]
Any person, firm or corporation who violates any provisions of §
18-208 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.
[Ord. 579, 6/11/1990, § 10]
In addition to any other remedies provided in this Part, any violation of §
18-208, above, shall constitute a nuisance and shall be abated by the Borough or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.