[Adopted 10-4-2010 by Ord. No. 186]
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:
Council members of the Borough of Chester Heights, Delaware
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 Chester Heights, Delaware County, Pennsylvania.
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 or any substance
which constitutes pollution under the Clean Stream 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 regulations
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.
D.
A Borough operating permit for the utilization of holding tanks within
the Borough for the collection of sewage issued after the effective
date hereof shall expire one year from the date of issuance and shall
not be renewable except at the discretion of the Borough, upon its
review, for such additional period of time as shall be deemed appropriate
by the Borough. The annual Borough operating permit fee for a holding
tank shall be $100.
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 a licensed hauler to collect, transport, and dispose
of the contents therein. An agreement shall be required between the
owner and the licensed hauler outlining responsibilities for each
in accordance with PA DEP rules and regulations.
D.
Provide proof to the Borough that the hauler and the dumping site
are both licensed by DEP or other appropriate governmental agency.
E.
Provide the Borough through its sewage enforcement officer with receipts
indicating that the holding tank has been pumped on a regular basis.
F.
Calculate average daily flow rates (gallons per day) quarterly to
ensure proper tank capacity remains in place. Additional capacity,
constructed at the owner's expense, may be required by the Borough
if the average daily flow exceeds the original estimate by more than
25% for two consecutive quarters.
G.
Fill any holding tank which has remained unused for a period of four
consecutive years with dirt or similar material.
H.
Deposit the sum of $400 for each 1,000 gallons of holding tank capacity,
or part thereof, with the Borough, to be held by the Borough in a
separate Borough account, to assure reimbursement to the Borough of
the costs of collecting, transporting and disposing of the contents
of the holding tank or repairing or correcting malfunctions of the
holding tank or ameliorating health hazards caused by the utilization
of the holding tank, and the Borough shall have the right to withdraw
funds from the account for such purposes without any specific consent
of the owner. If the cost of collecting, transporting and disposing
of the contents of the holding tank four times exceeds $400 per 1,000
gallons, then the owner shall deposit such additional sum in said
account. In the event it becomes necessary for the Borough to draw
on the account for the purposes set forth herein, the owner shall
replenish the account immediately upon request of the Borough so that
the balance required herein is maintained at all times. Failure of
the owner to comply with the requirements of this subsection shall
be grounds for immediate revocation of the holding tank permit.
I.
Discontinue the use of such holding tank, if a permit for its use has been issued pursuant to this article and rules and regulations adopted hereunder, within one year from the date of issuance of the permit, and begin using a sewage collection and disposal system which has been approved for permanent use in place of such holding tank, unless the permit has been renewed by the Borough pursuant to § 158-32D above.
Any permit for the use of a holding tank in the Borough issued by authority of the Borough pursuant to this article or any rules and regulations adopted hereunder shall be valid for only one year and shall not be renewable, except as set forth above in § 158-32D. Any person who sells, transfers or conveys an improved property in the Borough which utilizes a permitted holding tank for collection and disposal of sewage shall give written notice to the purchaser or transferee thereof that the permit for the holding tank shall expire one year from the date of issuance thereof and shall not be renewable and shall furnish a true and accurate copy of the holding tank permit to the new owner.
No permit for the use of a holding tank in the Borough shall
be issued, whether pursuant to this article, any rules and regulations
adopted hereunder, or otherwise, unless all other possible means of
collecting and disposing of sewage at the property in question have
been considered and found to be unusable.
Any person who violates any provisions of § 158-33 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 § 158-33 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.
