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,
and it is hereby declared that the enactment of this article is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of this Borough.
Unless the context specifically and clearly
indicates otherwise, the meaning of the terms used in this article
shall be as follows:
AUTHORITY
Abbottstown-Paradise Joint Sewer Authority, a Pennsylvania
municipal authority.
BOROUGH
Abbottstown Borough, Adams County, Pennsylvania.
HOLDING TANK
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:
B.
RETENTION TANKA holding tank where sewage is conveyed to it by a water carrying system.
C.
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is not available.
IMPROVED PROPERTY
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.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Borough.
PERSON
Any individual, partnership, company, association, corporation
or other group or entity.
SEWAGE
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.
The Borough hereby reserves the right to adopt
from time to time such additional 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
Borough 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 Borough 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.
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 Borough, and the
disposal thereof shall be made only at such site or sites as may be
approved by the Department of Environmental Protection of the Commonwealth
of Pennsylvania.
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 this Borough and the Authority
and any administrative agency of the Commonwealth of Pennsylvania.
B. Permit only the Borough or anyone acting under the
direction of the Borough to collect, transport, and dispose of the
contents therein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates any provisions of §
169-7 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not more than $600 and costs, and in default of said fine and costs to undergo imprisonment in the Adams County jail for a period not in excess of 30 days.
In addition to any other remedies provided in this article, any violation of §
169-7 above shall constitute a nuisance and may be abated by the Borough or the Authority by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.