[Adopted 7-12-1976 by Ord. No. 4-1976]
The purpose of this article is to establish procedures for the
use and maintenance of holding tanks designed to receive and retain
sewage from Burrell Lake Park 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.
[Amended 1-13-1992 by Ord. No. 9-1991]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
The City of Lower Burrell, a Pennsylvania municipal corporation,
Westmoreland 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 are limited to the following:
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 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 City 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 City 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 purpose herein.
All such rules and regulations adopted by the City 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 City 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 the improved
property utilizing a holding tank shall be done solely by or under
the direction and control of the City, 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 City and any administrative agency of the Commonwealth
of Pennsylvania.
B.
Permit only the City or anyone acting under the direction of the
City to collect, transport and dispose of the contents therein.
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs to a term of imprisonment not to exceed 30
days. Each day that a violation continues shall constitute a separate
offense.
In addition to any other remedies provided in this article,
any violation of § 308, above shall constitute a nuisance
and may be abated by the City by seeking appropriate equitable or
legal relief from a court of competent jurisdiction.
