[Adopted 3-7-1978]
The purpose of this part is to establish procedures for the
use and maintenance of holding tanks designed to receive and retain
sewage, whether from residential or commercial uses. It is hereby
declared that the enactment of this part is necessary for the protection,
benefit and preservation of the health, safety and welfare of the
inhabitants and users of the Borough.
The following words and terms, as used in this part, shall have
the following meanings, unless the context specifically and clearly
indicates otherwise:
The Town Council of the Borough of Elverson, Chester County,
Pennsylvania.
The Borough of Elverson, Chester 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 to which sewage is conveyed by a water-carrying system.
PRIVYA holding tank designed to receive sewage where water under pressure is not available.
Any property within the Borough upon which there is erected
a structure, which structure is intended for continuous or periodic
habitation, occupancy or use by human beings or animals, and from
which structure sewage shall or may be discharged.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Borough.
Includes any individual, association, public or private corporation
or profit or not for profit, partnership, firm, trust, estate, department,
ward, bureau or agency of the Commonwealth of Pennsylvania, political
subdivision, municipality, district, authority, or any other legal
entity whatsoever which is recognized by law as the subject of rights
and duties. Whenever used in any clause prescribing and imposing a
penalty or imposing a fine or imprisonment, the term "person" shall
include the members of an association, partnership or firm and the
officers of any local agency or municipal, public or private corporation
for profit or not for profit.
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, or which constitutes
pollution under the Clean Streams Law, Act of June 22, 1937, P.L.
1987, as amended.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
The Authority is authorized and empowered to undertake within
the Borough the control of the construction, installation, alteration,
maintenance and operation of holding tanks, including, but not limited
to, the disposal, collection and transportation of sewage received
and retained by holding tanks.
The Authority is authorized and empowered to adopt such rules
and regulations which it may deem necessary, from time to time, to
effect the purposes of this part and the rights and powers hereby
granted to the said Authority. All such rules and regulations shall
be in conformity with the provisions hereof, all other ordinances
of the Borough, all applicable laws, and all applicable rules and
regulations of the administrative agencies of the Commonwealth of
Pennsylvania.
The Authority shall have the right and power to fix, alter,
charge and collect rates, assessments, fees and other charges at reasonable
and uniform rates as authorized by applicable law for all actions
taken and services rendered pursuant to this part and the rules and
regulations adopted hereunder.
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 of such
sewage shall be made only at such site or sites as may be approved
by the Department of Environmental Protection of the Commonwealth
of Pennsylvania.
An owner of improved property that utilizes a holding tank shall:
A.
Construct, install, alter, maintain, and operate the holding tank
in conformance with this and other ordinances of the Borough, the
provisions of applicable law, and the rules and regulations of the
Authority and of any administrative agency of the Commonwealth of
Pennsylvania.
B.
Permit only the Authority or its agent to collect, transport and
dispose of the contents of the holding tank.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates any provisions of § 206-7 of this Part 1, or who resists or interferes with any officer, agent or employee of the Borough in the performance of his duties, shall, upon being found liable therefor, pay a fine of not more than $600 plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Chester County.
In addition to any other remedies provided herein, any violation of § 206-7 of this part shall constitute a public nuisance and shall be abatable by the Borough or by the Authority in the manner provided by law.
The provisions of this part are severable and if any of the
provisions or parts thereof shall be held for any reason to be unconstitutional,
illegal or invalid, such unconstitutionality, illegality or invalidity
shall not affect or impair any of the remaining provisions of this
part. It is the intent of the Town Council that this part would have
been adopted had such unconstitutional, illegal or invalid provision
not been included herein.
