[Adopted 10-5-1998 by Ord. No. 564B (Ch. 18, Part 3B, of the 2003 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 City.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
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 City 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 City of Lock Haven, Clinton County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the City.
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 water supply or for recreation.
The City reserves the right to allow only temporary and limited
use facilities to install a holding tank. The City will review all
requests on a case-by-case basis and may refuse any or all such requests.
The City is hereby authorized and empowered to undertake within
the City the control and methods of holding tank use, sewage disposal
and sewage 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 purposes 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.
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 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.
B.
The City will receive, review and retain pumping receipts from permitted
holding tanks.
C.
The City will complete and retain annual inspection reports for each
permitted tank.
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 its agent to inspect holding tanks on an
annual basis.
C.
Permit only the City or its approved hauler to collect, transport
and dispose of the contents therein.
[Added 4-3-2023 by Ord. No. 2023-04]
No transfer, sale, or conveyance of interest in or of an improved property shall occur until the property being transferred is in compliance with this article and these rules and regulations and any ordinances promulgated by the City. Any costs incurred to bring the property into compliance shall be borne by the property owner(s). Prior to the transfer of the property, an inspection shall be conducted as per § 328-5, Inspections, with a fee established from time to time by resolution of City Council.
[Amended 2-24-2003 by Ord. No. 670]
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.
In addition to any other remedies provided in this article, any violation of § 328-57, above, shall constitute a nuisance and shall be abated by the City by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
