[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:
BOROUGH
Silverdale Borough, a Pennsylvania municipal corporation.
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:
A. 
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
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 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.