[HISTORY: Adopted by the Borough Council
of the Borough of Athens 7-9-1990 by Ord. No. 422, approved 7-9-1990 (Ch. 66 of
the 1977 Code). Amendments noted where applicable.]
The purpose of this chapter is to establish
procedures for the use and maintenance of existing and new holding
tanks designed to receive and retain sewage, whether from residential
or commercial uses, and it is hereby declared that the enactment of
this chapter is necessary for the protection, benefit and preservation
of the health, safety and welfare of the inhabitants of this municipality,
except for such exemptions set aside by the act of assembly as shall
be applicable to agricultural uses.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this chapter shall
be as follows:
The Borough Council of the Borough of Athens, Bradford County,
Pennsylvania.
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.
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 of Athens, Bradford 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 or 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, except such exemptions as shall be set aside by act of assembly as exempt from requiring planning in the disposal of waste for agricultural uses without actual harm resulting, to wit: agricultural farm waste as defined under Chapter 529 Subsection 101.8,[1] regarding Special Water Pollution Regulations.
[1]
Editor's Note: So in original.
The Authority 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 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.
A.
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
Resources of the Commonwealth of Pennsylvania.
B.
The Authority
will receive, review and retain pumping receipts from permitted holding
tanks.
C.
The Authority
will complete and retain annual inspection reports for each permitted
tank.
The owner of an improved property that utilizes
a holding tank shall:
A.
Maintain the holding
tank in conformance with this chapter 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 inspect holding tanks on an annual basis.
C.
Permit only the
Authority or its agent to collect, transport and dispose of the contents
therein.
[Amended 3-9-1998 by Ord. No. 513, approved 3-9-1998; at time of
adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates any provisions of § 297-8 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 chapter 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 chapter in equity in the Court of Common Pleas of Bradford County.
In addition to any other remedies provided in this chapter, any violation of § 297-8 above shall constitute a nuisance and shall be abated by the municipality or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
