[Ord. 7779, passed 5-11-2006]
No property owner within the City shall maintain on his property
any outside toilet or water closet.
[Ord. 7779, passed 5-11-2006]
(a) Construction, inspection and use. Whenever there is any property
in the City where an adequate sanitary sewer is not available, the
property owner may, with the consent of the City of New Castle under
the supervision of the Sewer Enforcement Officer, erect an approved
septic tank to meet the standards of the State Department of Environmental
Protection, and continue to maintain the same so long as it is sanitary
and no public sanitary sewer is constructed adequately to serve the
property. The Sewer Enforcement Officer shall inspect the property
and shall prescribe the kind of septic tank which must be erected
and maintained under such permit. Any septic tank shall be installed
under the supervision of the Sewer Enforcement Officer, and no such
septic tank may be put in use until it has been approved by the Sewer
Enforcement Officer. If at any time the Sewer Enforcement Officer
finds the septic tank or the connections to or from it to be unsanitary,
such permit may be revoked.
[Ord. 7779, passed 5-11-2006]
(a) Purpose. The purposes of this Section
935.03 shall be to authorize the use of holding or retaining tanks upon improved property and to establish procedures for the use and maintenance of holding or retaining tanks.
(b) Definitions.
(1)
CITY — The City of New Castle, Lawrence County, Pennsylvania,
and its duly authorized agents or representatives.
(2)
HOLDING TANK or RETAINING TANK — A water tight 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 station.
(3)
IMPROVE PROPERTY — Any property within the City 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.
(4)
OWNER — Any person vested with ownership, legal or equitable,
sole or partial, of any property located in the City.
(5)
PERSON — Any individual, partnership, company, association,
corporation or other group or entity.
(6)
SEWAGE — Any substance that contains any of the waste
or other discharge from the bodies of human beings or animals and
any noxious substance being harmful or inimical to the public health,
or to animal of aquatic life or to the use of water for the domestic
water supply or for recreation.
(c) Authorization of use of holding or retaining tank. This Section
935.03 authorizes the use by owners of improved property of holding tanks or retaining tanks. Said use of holding or retaining tanks is authorized from the date a public sewer contract is awarded that will provide access from the owner's property to the public sewer system. Said use of holding tanks is authorized only until such date as the aforesaid public sewer system is completed and on line and ready to accept discharge from owners' property and holding or retaining tanks.
(d) Delegation to sewer enforcement officer. The Sewer Enforcement Officer
is hereby authorized and empowered to undertake within the City the
control and methods of holding tank use, sewage disposal and sewage
collection and transportation thereof.
(e) Bond. At a minimum, the property owner shall post a bond in a sufficient
amount so as to guarantee the cost of disposal, transportation, and
removal of the holding tanks.
(f) Exclusiveness of rights and privileges.
(1)
The collection and transportation of sewage from any improved
property utilizing a holding tank shall be under the direction and
control of the City of New Castle, and the disposal thereof shall
be made only at such site or sites as may be approved by the Department
of Environmental Protection.
(2)
The City will receive, review and retain pumping receipts from
the permitted holding tanks.
(3)
The City will complete and retain annual inspection reports
for each permitted tank.
(g) Duties of improved property owner. The owner of an improved property
that utilizes holding tanks shall:
(1)
Maintain the holding tank in conformance with this or any ordinance
of this City, the provisions of any applicable law, and any administrative
agency of the Commonwealth of Pennsylvania.
(2)
Permit only the City or its agent to inspect holding tanks on
an annual basis.
[Ord. 7779, passed 5-11-2006]
In addition to any other remedies provided in this Ordinance,
any violation of the duties of any improved property owner shall constitute
a nuisance and shall be abated by the City or its agent by either
seeking mitigation of the nuisance or appropriate equitable or legal
relief from a court of competent jurisdiction.
[Ord. 7779, passed 5-11-2006]
All ordinances or parts of ordinances insofar as they are inconsistent
therewith, are hereby repealed.
[Ord. 7779, passed 5-11-2006]
If any sentence, clause, section or part of this article 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
or parts of this article. It is hereby declared it is the intent of
the Council of the City of New Castle, that this article would have
been adopted had such constitutional, illegal or invalid sentence,
clause, section or part thereof not been included therein.
[Ord. 7779, passed 5-11-2006]
Any person who violations any provision of this article shall be punished as provided in Section
101.99 of the Administrative Code.