[Adopted 12-6-1976 by Ord. No. 114]
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 meanings of terms used in this article shall
be as follows:
Silverdale Borough, a Pennsylvania municipal corporation.
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 discharge 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 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 is hereby authorized and empowered
to undertake within the Borough the control and methods of holding
tank sewage disposal and the collection and transportation thereof.
The Borough 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
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 the Borough 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 8-15-1977 by Ord. No. 131; 9-8-1987 by Ord. No.
196[1]]
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000, and costs of prosecution, or, in default
of payment of such fine and costs, to undergo imprisonment for not
more than 30 days.
In addition to any other remedies provided in this article, any violation of § 260-8 above shall constitute a nuisance and may be abated by the Borough by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
The use of holding tanks shall be permitted
only for such period of time until public sanitary facilities are
available to serve the improved property. Within 10 days of said availability
of public sanitary facilities, the owner of said improved property
shall cause all sewage flows to be properly connected to the public
facility. The Borough may require the owner to provide adequate performance
bonds or other acceptable forms of surety to assure compliance with
all sections and provisions of this article.
