[Adopted 6-13-1994 by Ord. No. 115 (Ch. 18, Part 2, of the 1984 Code of Ordinances)]
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, 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:
AUTHORITY
The Jacobus Borough Sewer Authority, York County, Pennsylvania.
BOROUGH
Jacobus Borough, York 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
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 product 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 Borough the control and methods of holding tank use, sewage disposal and sewage collection and transportation thereof.
A. 
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.
B. 
All such rules and regulations adopted by the Authority 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 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.
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 Authority or its designated representative, 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 Authority will receive, review and retain pumping receipts from permitted holding tanks.
C. 
The Authority will complete and retain annual inspection reports for each permitted holding tank.
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 the Borough, 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 inspect holding tanks on an annual basis.
C. 
Permit only an approved hauler to collect, transport and dispose of the contents therein.
[Amended 7-3-2013 by Ord. No. 2013-3]
Any owner of real property who does not comply with the provisions of this article shall be subject to a summary criminal proceeding before the Magisterial District Justice as provided by the Pennsylvania Rules of Criminal Procedure, as may be amended from time to time. Upon a finding of a violation, a fine of not less than $450 nor more than $1,000, plus costs of prosecution, including court costs and reasonable attorney fees incurred by the Borough to prosecute the violation, shall be imposed, and such person may be subject to imprisonment of up to 15 days in the event such fines and costs are unpaid. Each day that such violation(s) continues shall be a separate violation of this article.
In addition to any other remedies provided in this article, any violation of § 180-23 above shall constitute a nuisance and shall be abated by the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.