[Ord. 5-1978, 79 § 1, passed 2-13-1978]
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 City.
[Ord. 5-1978, 79 § 2, passed 2-13-1978]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
AUTHORITY
The City of Lebanon Authority, a Pennsylvania municipal authority.
CITY
The City of Lebanon, Lebanon County, Pennsylvania.
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:
(2)
RETENTION TANKWhich is a holding tank where sewage is conveyed to it by a water carrying system;
(3)
VAULT PIT PRIVYWhich is a holding tank designed to receive sewage where water under pressure is not available.
IMPROVED PROPERTY
Any property within the City on 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.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the City.
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. 5-1978, 79 § 3, passed 2-13-1978]
The Department of Public Safety is hereby authorized and empowered
to undertake within the City the control and methods of holding tank
sewage disposal and the collection and transportation thereof.
[Ord. 5-1978, 79 § 4, passed 2-13-1978]
The Department of Public Safety 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. 5-1978, 79 § 5, passed 2-13-1978]
All such rules and regulations adopted by the Department of
Public Safety shall be in conformity with the provisions herein, all
other ordinances of the City and all applicable laws, and applicable
rules and regulations of administrative agencies of the Commonwealth.
[Ord. 5-1978, 79 § 6, passed 2-13-1978]
Council 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.
[Ord. 5-1978, 79 § 7, passed 2-13-1978]
The collection and transportation of all sewage from any improved
property using a holding tank shall be done solely by or under the
direction and control of the City, and the disposal thereof shall
be made only at such site or sites as may be approved by the Department
of Environmental Resources of the Commonwealth.
[Ord. 5-1978, 79 § 8, passed 2-13-1978]
The owner of an improved property that uses a holding tank shall:
(a) Maintain the holding tank in conformance with this chapter or any
ordinance of this City, the provisions of any applicable law, and
the rules and regulations of the Department of Public Safety and any
administrative agency of the Commonwealth.
(b) Permit only the City or anyone acting under the direction of the
City to collect, transport and dispose of the contents herein.
[Ord. 5-1978, 79 § 10, passed 2-13-1978]
In addition to any other remedies provided in this article, any violation of Section
928.08 shall constitute a nuisance and may be abated by the City by seeking appropriate equitable or legal relief from a court of competent jurisdiction.
[Ord. 5-1978, 79 § 9, passed 2-13-1978; Ord. 26-1994, 95 § 1, passed 11-28-1994]
Whoever violates any provision of Section
928.08 shall be fined not less than $50 and not more than $1,000.