[Adopted 4-4-2000 by Ord.
No. 1005]
The purpose of this article 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. 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
municipality.
Unless the context specifically and clearly indicates otherwise, the
meaning of terms used in this article shall be as follows:
The Brookville Municipal Authority, Jefferson 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 Brookville, Jefferson County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole or partial,
of any property located in the Borough.
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 Agency 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 Agency 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 Agency shall be in conformity
with the provisions herein, all other ordinances of the Borough and all applicable
laws and applicable rules and regulation of administrative agencies of the
Commonwealth of Pennsylvania.
The Agency 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 Agency, 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.
B.
The Agency will receive, review and retain pumping receipts
from permitted holding tanks.
C.
The Agency will complete and retain annual inspection
reports for each permitted holding tank.
The owner of an improved property that utilizes a holding tank shall:
A.
Maintain the holding tank in conformance with this or
any ordinance of this Borough, the provisions of any applicable law and the
rules and regulations of the Agency and any administrative agency of the Commonwealth
of Pennsylvania.
B.
Permit only the Agency or its agent to inspect holding
tanks on an annual basis.
C.
Permit only the Agency or its agent to collect, transport
and dispose of the contents therein.
Any person who violates any provisions of § 176-39 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $500 and not more than $5,000 and, in default of said fine and costs, to undergo imprisonment in the county prison for a period not in excess of 90 days.
In addition to any other remedies provided in this article, any violation of § 176-39 above shall constitute a nuisance and shall be abated by the municipality or the Agency by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
