[Adopted 9-10-1974 by Ord. No. 300, approved 9-13-1974]
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.
The following words or terms, for the purposes of this article,
shall be taken to mean as follows:
West Conshohocken Municipal Authority.
The Borough of West Conshohocken, Montgomery 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 discharges 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 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.
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 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.
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 of such sewage.
The Authority is hereby authorized and empowered to adopt such
rules and regulations concerning sewage as 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 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 such reasonable and uniform rates, assessments
and other charges in the area served by its facilities as authorized
by applicable law.
[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]
The collection and transportation of all sewage from any improved
property utilizing a holding tank shall be the sole responsibility
of the property owner. Each property owner shall be required to provide
biannual records, including receipts, indicating that the sewage was
disposed of at site or sites approved of by the Department. If the
Borough and/or Authority has to remove and dispose of any sewage,
for whatever reason, the property owner shall be responsible for paying
all costs and charges incurred by the Borough and/or Authority in
such removal and/or disposal.
The owner of an improved property that utilizes a holding tank
shall:
A.
Maintain the holding tank in conformance with this article 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.[1]
[1]
Editor's Note: Former Subsection B, regarding collection,
transportation and disposal of holding tank waste, which immediately
followed this subsection, was repealed 6-14-2005 by Ord. No. 05-04,
approved 6-14-2005.
[Revised 7-8-1975 by Ord. No. 305; 10-12-2010 by Ord. No. 2010-14, approved 10-12-2010]
Any person violating the provisions of this article shall be subject to the provisions detailed in Chapter 53A of the Code of the Borough of West Conshohocken.
In addition to any other remedies provided in this article, any violation of § 93-10 above shall constitute a nuisance which shall warrant seeking appropriate equitable or legal relief from a court of competent jurisdiction.
