The purpose of this chapter 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 the chapter is necessary for the protection,
benefit and preservation of the health, safety and welfare of the
inhabitants of this Borough.
As used in this chapter the following terms shall have the meanings
indicated:
BOROUGH
Bridgeport Borough, Montgomery 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:
B.
RETENTION TANKA holding tank to which sewage is conveyed by a water-carrying system.
C.
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is not available.
D.
OTHERAny and all other watertight receptacle, whether permanent or temporary, which receives and retains sewage or water conveyed by a water-carrying system and is designed and constructed to facilitate the ultimate disposal of the sewage or water 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.
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.
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 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 by the owner 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.
In the event the owner does not adequately collect and dispose of
the sewage, the Borough shall dispose of the sewage and bill the owner
any and all costs associated with removing, transporting, cleaning
and disposing of the sewage.
The owner of an improved property that utilizes a holding tank
shall:
A. Maintain the holding tank in conformance with this chapter 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 the Borough or its designee to perform an annual inspection
of the holding tank and appurtenances.
C. In the event the owner does not meet the obligation to appropriately
collect, transport, and dispose of the sewage, permit the Borough
or anyone acting under the direction of the Borough to collect, transport
and dispose of the contents therein and charge the owner all associated
costs and fees.
D. Abandon the holding tank when public sewer capacity becomes available
and as directed by the Borough. Appropriately remove or abandon in
place the holding tank when connection to the public sewer is completed
and approved.
In addition to any other remedies provided in this chapter, any violation of §
437-7 shall constitute a nuisance and may be abated by the municipality or the Borough by seeing appropriate equitable or legal relief from a court of competent jurisdiction.
Any person who shall be convicted of a violation of any of the
provisions of this chapter before any Magisterial District Judge shall
be punishable by a fine of not more than $1,000 and costs of prosecution
or by imprisonment in the county jail for a term not to exceed 30
days, or by both such fine and imprisonment. The continuation of such
violation for each successive day shall constitute a separate offense,
and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for such separate
offense.