Borough of Middleburg, PA
Snyder County
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Table of Contents
Table of Contents

§ 18-101 Connections to Available Service Required.

[Ord. 208, 7/8/1985]
At such time as water and sewer service becomes available, each and every owner of improved property in the Borough of Middleburg abutting on or adjoining a street, alley, lane or other public highway in which there is a sewer or water line shall, upon receipt of written notice from the Borough ordering connection, be required to connect his or her premises with the sewer or water systems without delay.

§ 18-102 Future Connection.

[Ord. 208, 7/8/1985]
As, from time to time, sewer and water service becomes available to additional properties within the Borough by reason of the improvement of the properties abutting on or adjoining on any street, alley, lane or other public highway in which there is a sewer or water line or by reason of extension of the sewer or water system so as to make sewer and water service available to additional improved property, each and every owner of such property shall likewise, upon receipt of written notice from the Borough Council ordering connection, be required to connect his or her premises with the sewer or water system without delay.

§ 18-103 Failure to Connect.

[Ord. 208, 7/8/1985]
If, after the expiration of three months from the date of such written notice to connect, any owner of improved property abutting on or adjoining any street, alley, lane or other public highway in which there is a sewer shall have failed to connect therewith as required by § 18-101 or 18-102 hereof, the Borough Council may give such owner 45 days' written notice of this Part, either by personal service or by registered United States mail, sent to the last known address of such owner; and upon failure of such owner to make the required connection within the said forty-five-day period, the Borough may make such connection and collect the cost thereof from such owner by a municipal lien or an action in assumpsit.

§ 18-104 Unlawful Use of Septic Tank or Similar Receptacle.

[Ord. 208, 7/8/1985; as amended by Ord. 255, 11/10/1998, § 1; and by Ord. 295, 11/8/2005]
1. 
After the expiration of time within which each owner is required to connect with the sewer and water system under § 18-101 or 18-102 of this Part, it shall be unlawful for any person, firm or corporation to own, maintain, operate or use within the Borough a privy, cesspool, vault, septic tank or similar receptacle for sanitary sewage upon any property now or hereafter improved which abuts on or adjoins any street, alley, lane or public highway in which a sewer is constructed or to connect any such privy, cesspool, vault, septic tank or similar receptacle with any such sewerage system or to discharge sewage into any storm sewer or other sewer or outlet other than the sewer system of the Borough of Middleburg.
2. 
After the expiration of the time within which each owner is required to connect with the water system under § 18-101 or 18-102 of this Part, it shall be unlawful for any person, firm or corporation to own, construct, maintain, use or operate private water wells; provided, however, that private water wells shall be permitted for groundwater heating and/or cooling systems where such systems meet the following conditions:
A. 
The system reinjects the groundwater used therein into the same aquifer from which it was withdrawn.
B. 
The reinjected water is used in such a manner as to avoid exposure of it to contaminants or to the atmosphere. Under this condition, reinjected water shall remain in a closed system from source well to reinjection well. Further under this condition, no corrosion inhibitor, water softening or other additives shall be added to the water that is reinjected into the ground.
C. 
The reinjected water is no more than 10° F. warmer than the seasonal ambient groundwater.
D. 
The withdrawal rate of the system at no time exceeds 12 gallons per minute.
E. 
The wells used as part of a system are constructed in accordance with the standards for individual water supplies as promulgated by the Pennsylvania Department of Environmental Protection, as they may from time to time be amended.
F. 
Plans for such systems shall be submitted to the Borough Council of the Borough of Middleburg for review and approval prior to the construction thereof. Such plans should show lot dimension, well placement, including wells on contiguous lots, and a description of the systems' components.
G. 
Those systems which employ a refrigerant of any kind shall be equipped with an automatic shutoff device which would shut down the system in the event that a leak in the refrigerant system should occur.
3. 
Private water wells shall be permitted for groundwater for live bait tanks for commercial purposes, which use must conform to and comply with any and all laws and regulations of the Commonwealth of Pennsylvania or its agencies, including the Department of Environmental Protection and the Fish Commission.
A. 
No private water well authorized under § 18-104, Subsection 2 or 3, may be connected to the public sewer or water system of this Borough.

§ 18-105 Violations and Penalties.

[Ord. 208, 7/8/1985; as amended by Ord. 215, 12/8/1986; by Ord. 295, 11/8/2005; and by Ord. 323, 9/9/2014]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and, in default of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.

§ 18-201 Purposes.

[Ord. 262, 4/25/2000, § 1]
The purpose of this Part 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 Part is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Borough.

§ 18-202 Definitions.

[Ord. 262, 4/25/2000, § 2]
Unless context specifically and clearly indicates otherwise, the meanings of terms used in this Part shall be as follows:
AGENCY
The Borough Council of the Borough of Middleburg, Snyder County, Pennsylvania.
HOLDING TANK
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.
IMPROVED PROPERTY
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.
MUNICIPALITY
The Borough of Middleburg, Snyder County, Pennsylvania.
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 waters supply or for recreation or any substance which constitutes pollution under the Clean Streams Law (35 P.S. §§ 691.1 - 691.1001).

§ 18-203 Rights and Privileges Granted.

[Ord. 262, 4/25/2000, § 3]
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.

§ 18-204 Rules and Regulations.

[Ord. 262, 4/25/2000, § 4]
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.

§ 18-205 Rules and Regulations to be in Conformity With Applicable Law.

[Ord. 262, 4/25/2000, § 5]
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.

§ 18-206 Rates and Charges.

[Ord. 262, 4/25/2000, § 6]
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 laws.

§ 18-207 Conditions of Privy Use.

[Ord. 262, 4/25/2000, § 7]
1. 
The lot owner must show that the site and soil suitability testing of the lot has been conducted by the Sewage Enforcement Officer and that the site meets the Title 25, Chapter 73, Pa. Code, "Standards for Sewage Disposal Facilities" requirements for the ultimate sewage disposal by an approved on-lot system if water under pressure or piped water becomes available to the lot.
2. 
At such time that water under pressure or piped water becomes available, the lot owner must remove the privy and replace the privy with an approved on-lot system.
3. 
The conditions of use described in Subsection 1 above do not apply:
A. 
To a privy to be used on an isolated lot which is not, nor will be, served by water under pressure or piped water in the future.
B. 
To temporary use of portable retention tanks where their use is proposed at construction sites or at the site of public gatherings and entertainment.
4. 
Specific conditions for use of privies shall be incorporated in the permit application and permit for the proposed use of a privy.
5. 
The agency is provided, upon request, at any reasonable time, the opportunity to inspect the privy for proper operation, maintenance and content disposal.

§ 18-208 Exclusiveness of Rights and Privileges.

[Ord. 262, 4/25/2000, § 8]
1. 
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 hereof shall be made only as such site or sites as may be approved by the Department of Environmental Protection of the Commonwealth of Pennsylvania.
2. 
The agency will receive, review and retain pumping receipts from permitted holding tanks.
3. 
The agency will complete and retain annual inspections reports for each permitted holding tank.

§ 18-209 Duties of Improved Property Owner.

[Ord. 262, 4/25/2000, § 9]
1. 
Maintain the holding tank in conformance with this Part or any other 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.
2. 
Permit only the agency or its agent to inspect holding tanks on an annual basis.
3. 
Permit only the agency or its agent to collect, transport and dispose of the contents therein.
4. 
Abandon the privy consistent with applicable public health and environmental standards and obtain a permit for and install an improved on-lot system meeting the standards set forth in Chapter 73 of Title 25 of the Pa. Code in the event that water under pressure or piped water becomes available to the property.
5. 
Permit the agency to enter upon the lot to inspect the privy for proper operation, maintenance and contents disposal.

§ 18-210 Violations and Penalties.

[Ord. 262, 4/25/2000, § 10]
Any person who violates any provisions of § 18-208 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 fines and costs, shall undergo imprisonment in the county prison for a period not in excess of 90 days.

§ 18-211 Abatement of Nuisances.

[Ord. 262, 4/25/2000, § 11]
In addition to any other remedies provided in this Part, any violation of § 18-209 above shall constitute a nuisance and shall be abated by the Borough or the agency by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.