[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.
[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.
[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.
[Ord. 208, 7/8/1985; as amended by Ord. 255, 11/10/1998,
§ 1; and by Ord. 295, 11/8/2005]
1.Â
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.Â
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.Â
The system reinjects the groundwater used therein into the same aquifer
from which it was withdrawn.
B.Â
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.Â
The reinjected water is no more than 10° F. warmer than the seasonal
ambient groundwater.
D.Â
The withdrawal rate of the system at no time exceeds 12 gallons per
minute.
E.Â
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.Â
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.Â
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.Â
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.
[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.
[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.
[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:
The Borough Council of the Borough of Middleburg, Snyder
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.
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 Middleburg, Snyder 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 waters supply or for recreation or any substance
which constitutes pollution under the Clean Streams Law (35 P.S. §§ 691.1
- 691.1001).
[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.
[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.
[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.
[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.
[Ord. 262, 4/25/2000, § 7]
1.Â
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.Â
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.
4.Â
Specific conditions for use of privies shall be incorporated in the
permit application and permit for the proposed use of a privy.
5.Â
The agency is provided, upon request, at any reasonable time, the
opportunity to inspect the privy for proper operation, maintenance
and content disposal.
[Ord. 262, 4/25/2000, § 8]
1.Â
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.Â
The agency will receive, review and retain pumping receipts from
permitted holding tanks.
3.Â
The agency will complete and retain annual inspections reports for
each permitted holding tank.
[Ord. 262, 4/25/2000, § 9]
1.Â
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.Â
Permit only the agency or its agent to inspect holding tanks on an
annual basis.
3.Â
Permit only the agency or its agent to collect, transport and dispose
of the contents therein.
4.Â
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.Â
Permit the agency to enter upon the lot to inspect the privy for
proper operation, maintenance and contents disposal.
[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.
[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.
