[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:
The Jacobus Borough Sewer Authority, York County, Pennsylvania.
Jacobus Borough, York 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.
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 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.
