The purpose of this article is to provide for and regulate the
use, maintenance and removal of holding tanks to prevent the residents
and inhabitants of the Borough of Wyalusing from danger and harm due
to inadequate or malfunctioning on-site septic systems; to permit
the development of lands with the use of holding tanks under carefully
controlled and regulated circumstances; to regulate the use and maintenance
of holding tanks in conformity with the law, statutes and regulations
of the Commonwealth of Pennsylvania and the Department of Environmental
Protection; and to provide a temporary alternative to discontinuing
otherwise lawful land use by the inhabitants and residents of the
Borough of Wyalusing.
As used in this article, the following terms shall have the
meanings indicated:
ACT
The Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1
et seq., as from time to time amended.
BOROUGH
The Borough of Wyalusing, Bradford County, Pennsylvania.
COUNCIL
The Council of the Borough.
DEPARTMENT
The Pennsylvania Department of Environmental Protection,
or its successor state agency.
DISPOSAL SITE
A suitable facility for the final disposition of human and
animal sewage and wastes, which facility shall have been and remains
approved for such purposes by the Department.
HOLDING TANK
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage another site. The term shall include:
B.
RETENTION TANKA holding tank to which sewage is conveyed by a water-carrying system.
C.
PRIVYA holding tank designed to receive sewage where water under pressure is not available.
HOLDING TANK CLEANER
A municipality, county, municipal authority or person, natural
or a legal entity, including the holding tank owner, who removes the
contents of a holding tank for the purpose of disposing of the sewage
at another site.
LANDOWNER
The natural person or persons, partnership, corporation or
legally existing organization who owns legal and equitable title to
the land for which a holding tank permit is sought or issued.
LOT
A parcel of land under single ownership irregardless of acreage.
In the event the subject lands are a portion of a larger parcel of
ground, the larger parcel of ground shall be considered as the "lot."
OFFICER
The duly appointed Sewage Enforcement Officer of the Borough.
REGULATIONS
The regulations of the Pennsylvania Department of Environmental
Resources, Pa. Code, Title 25, Subpart C, Chapters 71 and 73, as adapted;
and, all future regulations of the Department pertaining to holding
tanks.
SEWAGE
Any substance that contains any of the waste products, excrement
or other discharges from the bodies of human beings or animals and
noxious or deleterious substances 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 or which constitutes pollution
under the Clean Streams Law, 35 P.S. § 691.1 et seq.
Holding tanks may be used subject to the provisions of this
article to serve as temporary sewage disposal from existing structures
within the Borough of Wyalusing, where on-lot sewage disposal facilities
are not feasible due to unsuitability of soils; for a temporary sewage
disposal from existing structures where a malfunction in the presently
installed on-site sewage treatment system cannot be suitably repaired
or replaced due to unsuitability of soils; or temporarily serve for
sewage disposal for new construction in any area of the Borough for
which a revision to the Borough's Official Sewage Facilities Plan
has been approved by the Department.
[Amended 8-7-2017; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person failing to comply with the provisions of this article
shall be subject to the summary offense penalties of 35 P.S. § 750.13
and, in addition thereto, may be subject to the civil penalties of
35 P.S. § 750.13a. Each day of noncompliance shall constitute
a separate offense.