[Adopted 2-18-1992 by Ord. No. 312]
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 municipality.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
Councilmen of the Borough of Pine Grove, Schuylkill County,
Pennsylvania.
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:
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
RETENTION TANKA holding tank where sewage is conveyed to it by a water carrying system.
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is not available.
Any property within the Borough where no lateral or main
is available upon which there is erected a structure intended for
temporary occupancy or use by human beings or animals and from which
structure sewage shall or may be discharged.
Borough of Pine Grove, Schuylkill 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 group of 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 the use of
water for domestic water supply or for recreation.
That the Authority 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.
That 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.
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.
The Authority 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 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.
The owner of an 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 collect, transport, and
dispose of the contents therein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Violations of this article shall be punishable for each offense
by a fine of not less than $25 nor more than $1,000, plus costs of
prosecution, and, in default of payment of such fine and costs, by
imprisonment for not more than 30 days.
In addition to any other remedies provided in this Ordinance, any violation of § 145-40 above shall constitute a nuisance and shall be abated by the municipality or the Authority by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
