The purpose of this article is to provide for
an inspection by a municipal authorized agent of all on-lot disposal
waste systems, including holding tanks, to establish a schedule for
routine maintenance by periodic pump-out of malfunctioning systems;
to further permit the municipality to intervene in situations which
are public nuisances or hazardous to public health; and to remedy
Borough sewage conditions to ensure municipal compliance with the
Pennsylvania Sewerage Facilities Act (Act 537), as amended, and other health and safety laws.
The owner of any building serviced by an on-lot
waste disposal system within this Borough shall be subject to all
of the requirements contained herein.
Privately owned small community systems, including
but not limited to nursing homes and boarding homes, are subject to
the same requirements of this article as individual on-lot waste disposal
systems. In addition, the owner shall provide the Borough with a list
of names and addresses of all participants in the small community
systems.
An on-lot waste disposal system is malfunctioning
when it causes pollution of groundwater or surface water, contamination
of private or public drinking water supplies, nuisance problems or
a hazard to the public health. Indications of a malfunctioning system
include, but are not limited to, foul odors, backup of wastewater
into the attached building or surfacing sewage effluent flowing over
the ground, occurring at any time of the year.
If inspection pursuant to this article shall
disclose either the absence of an on-lot waste disposal system, including
direct discharge of waste into the Borough storm sewer or other waterway,
or a waste disposal system using a cesspool which is contaminating
any water supply or otherwise malfunctioning, the Borough or its agent
shall furnish the owner an inspection report notifying the owner of
the condition and directing the owner to take immediate action to
install an on-lot waste disposal system and shall apply to the Borough
SEO for a permit to install the same in accordance with the provisions
of this article and Chapter 73, Standards for Sewage Disposal Facilities,
of Title 25, Rules and Regulations, Department of Environmental Protection.
Only normal domestic wastes shall be discharged
into the on-lot waste system. The following shall not be discharged
into the system:
B. Automobile oil
and other nondomestic oil.
C. Toxic or hazardous
substances or chemicals, including but not limited to pesticides,
disinfectants, acids, paint, paint thinner, herbicides and solvents.
Septage originating within the municipality
and disposed of in the municipality or removed from the municipality
shall be disposed at sites or facilities approved by Pennsylvania
Department of Environmental Protection and operated in accordance
with state regulations. Approved sites or facilities shall include
the following: septage treatment facilities, wastewater treatment
plant, compositing sites and on approved farmlands.
The municipality, upon written notice from the
SEO that an imminent health danger exists due to failure of a property
owner to repair, maintain or install a subsurface sewage system as
provided under the terms of this article, shall have the authority
to contract to have the SEO specified work completed and charge the
landowner for the work performed and enter a lien therefor in accordance
with law.
[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, partnership or corporation failing
to comply with the provisions of this article 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.