[HISTORY: Adopted by the Borough Council of the Borough of Sayre 6-17-1991
by Ord. No. 680. Amendments noted where applicable.]
The purpose of this chapter is to establish procedures for the use and
maintenance of existing and new privies 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.
Unless the context specifically and clearly indicates otherwise, the
meanings of terms used in this chapter shall be as follows:
The Borough of Sayre, Bradford County, Pennsylvania.
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 Sayre, 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.
A watertight receptacle, whether permanent or temporary, which receives
and retains sewage where water under pressure or piped wastewater is not available
and is designed and constructed to facilitate the ultimate disposal of the
sewage at another site.
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 any substance which constitutes pollution under the Clean
Streams Law (35 P.S. §§ 691.1 through 691.1001).
The Authority is hereby authorized and empowered to undertake within
the borough the control and methods of privy 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, 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 property owner must show that site and soil suitability
testing of the lot has been conducted by the Sewage Enforcement Officer and
that the site meets the Title 25, Chapter 73 (Standards for Sewage Disposal
Facilities), requirements for the ultimate sewage disposal by an approved
on-lot system if water under pressure or piped wastewater becomes available
to the lot.
B.
At such time that water under pressure becomes available,
the property owner must remove the privy and replace the privy with an approved
on-lot system.
D.
Specific conditions for use of privies shall be incorporated
in the permit applications and permit for the proposed use of a privy.
E.
The authority is provided the opportunity to inspect
the privy for proper operation, maintenance and content disposal.
The collection and transportation of all sewage from any improved property
utilizing a privy 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.
The owner of an improved property that utilizes a privy shall:
A.
Maintain the privy 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 collect, transport
and dispose of the contents therein.
C.
Abandon the privy consistent with applicable public health
and environmental standards and obtain a permit for and install an approved
on-lot system meeting Chapter 73 standards in the event that water under pressure
or piped wastewater becomes available to the property.
D.
Permit the Authority to enter upon lands to inspect the
privy for proper operation, maintenance and contents disposal.
Any person who violates any provisions of §§ 134-7, 134-8 or 134-9 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $100 and not more than $300 and, in default of said fine and costs, to undergo imprisonment in the county prison for a period not in excess of 30 days.
In addition to any other remedies provided in this chapter, any violation of § 134-9 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.
