[Adopted 10-23-1990 by Ord. No. 1130]
The purpose of this Part 3 is to establish procedures for the temporary use and maintenance of existing and new holding tanks designed to receive and retain sewage, whether from residential, commercial, or industrial uses, and it is hereby declared that the enactment of this Part 3 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 Part 3 shall be as follows:
- 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 or Springdale, Allegheny 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 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 use of water for domestic water supply or for recreation.
- TEMPORARY USE
- Only for such length of time until a municipal sewage disposal line is available and accessible for permanent tap-in to the municipal sewage disposal system.
The Borough 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 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. Such rates, assessments, and other charges may be changed from time to time by a resolution of Borough Council pursuant to this Part 3.
The collection and transportation of all sewage from any improved property utilizing any holding tank shall be done solely by or under the direction and control of the Borough through its approved agents, servants, employees or contractors, 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 Borough shall issue permits for all existing holding tanks, permits for new holding tanks, and maintain a registration roster of all holding tanks in the Borough. All permits shall be considered temporary permits, and shall be renewed annually, and Borough may impose a permit fee and an annual renewal fee. All existing holding tanks must be registered, and a permit secured, within 30 days after enactment of this Part 3. Once a municipal sewage disposal line is available and accessible for tap-in by the owner, such permit will automatically expire, and the owner will have 30 days thereafter to tap in to the municipal sewage disposal line.
The Borough will receive, review and retain pumping receipts from permitted holding tanks.
The Borough will complete and retain annual inspection reports for each permitted tank. An annual inspection fee shall be charged for each permitted tank. Inspection shall be under the control and direction of the Borough Engineer, and the owner shall pay such inspection fees as may be charged by the Engineer.
In addition to any rules and regulations issued by Borough, the Borough does herein incorporate by reference and make a part hereof the rules and regulations of PA DEP, Title 25, Chapters 71, 72 and 73, 35 P.S. § 750.9 in toto, as well as future amendment thereto.
The owner of an improved property that utilizes a holding tank shall:
Register such use with the Borough office, secure a permit therefor, secure annual renewals of Borough permits, and secure any and all other permits as may be required by the PA DEP and Allegheny County Health Department before qualifying for a Borough permit.
Maintain the holding tank in conformance with this or any other ordinance of the Borough, the provisions of any applicable law, and the rules and regulations or the Borough and any administrative agency of the Commonwealth of Pennsylvania.
Permit only the Borough or its agent to inspect holding tanks on an annual basis, as well as any other governmental agency that requires inspection.
Permit only the Borough or its agent to collect, transport, and dispose of the contents therein, and to impose reasonable charges therefor.
Any person, corporation, association or entity who violates any provision of this Part 3 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $300 and not more than $500 and, in default of payment of said fine and costs, to undergo imprisonment in the county prison for a period not in excess of 30 days. Each day's violation shall constitute a separate offense.
In addition to any other remedies provided in this Part 3, any violation of any provision of this Part 3 shall constitute a nuisance and shall be abated by the municipality by either seeking mitigation of the nuisance or appropriate equitable or legal relief from the court of competent jurisdiction.
If any sentence, clause, section, part, or word of this Part 3 is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, parts, or words of this Part 3. It is hereby declared as the intent of the Council of the Borough of Springdale that this Part 3 would have been adopted had such constitutional, illegal or invalid sentence, clause, section, part or word thereof not been included therein.