[Adopted 3-8-1989 by Ord. No. 3011 (Sec.
921.11 of the 1965 Codified Ordinances)]
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 City.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
Council of the City of Easton, Northampton County, Pennsylvania.
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 discharges 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 City 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 City of Easton, Northampton County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the City.
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 Authority is hereby authorized and empowered
to undertake within the City the control and methods of holding tank
sewage disposal and the 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 City, 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, 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 Authority, 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
or any ordinance of this City, 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.
Any person who violates any provisions of § 475-37 hereof, shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $100 and not more than $300 and costs and, in default of such fine and costs, shall be imprisoned in the County Prison for not more than 30 days.
In addition to any other remedies provided in this article, any violation of § 475-37 hereof shall constitute a nuisance and shall be abated by the City or the Authority by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
