[Ord. No. 261, 9/10/1984]
The purpose of this Part is to establish procedures for the
use and maintenance of holding tanks designed to receive and retain
sewage whether from residential or commercial uses and 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. No. 261, 9/10/1984]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
The Elizabethville Borough Authority of Dauphin 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 include but are not limited
to the following:
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
RETENTION TANKA holding tank where sewage is conveyed to it by a water carrying system.
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is not available.
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.
Elizabethville Borough, Dauphin 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 water supply or for recreation.
[Ord. No. 261, 9/10/1984]
The Authority is hereby authorized and empowered to undertake
within the Borough the control and methods of holding tank sewage
disposal and the collection and transportation thereof.
[Ord. No. 261, 9/10/1984]
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.
[Ord. No. 261, 9/10/1984]
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.
[Ord. No. 261, 9/10/1984]
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.
[Ord. No. 261, 9/10/1984]
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, and the disposal thereof
shall be made only at such site or sites as may be approved by the
Department of Environmental Resources of the Commonwealth of Pennsylvania.
[Ord. No. 261, 9/10/1984]
1.
The owner of an improved property that utilizes a holding tank shall:
A.
Maintain the holding tank in conformance with this Part or any ordinance
of this 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 agents to collect, transport and
dispose of the contents therein.
[Ord. No. 261, 9/10/1984; as amended by Ord. No. 288, 8/8/1994]
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 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 of this Part continues shall constitute
a separate offense.
[Ord. No. 261, 9/10/1984]
In addition to any other remedies provided in this Part, any violation of § 18-108 above shall constitute a nuisance and shall be abated by the Borough or the Authority by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
[Ord. No. 191, 8/14/1967; as amended by Ord. No. 305, 10/9/2000]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this Part shall be as follows:
The Elizabethville Area Authority.
The Borough of Elizabethville, Dauphin County, Pennsylvania,
a municipality of the Commonwealth of Pennsylvania, acting by and
through its Council or, in appropriate cases, acting by and through
its authorized representatives.
The extension from the sewer drainage system of any structure
to the lateral of a sewer.
Any property located within this 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
sanitary sewage and/or industrial wastes shall be or may be discharged.
Any room, group of rooms, building or other enclosure used
or intended for use in the operation of one business enterprise for
manufacturing, processing, cleaning, laundering or assembling any
product, commodity or article or from which any process waste, as
distinct from sanitary sewage, shall be discharged.
Any and all wastes discharged from any industrial establishment,
other than sanitary sewage.
The part of the sewer system extending from a sewer to the
curb line or, if there shall be no curb line, to the property line
or, if no such lateral shall be provided, then "lateral" shall mean
that portion of, or place in, a sewer which is provided for connection
of any building sewer.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Normal water-carried household and toilet wastes discharged
from any improved property, including such ground, surface or storm
water as may be present.
Any pipe or conduit constituting a part of the sewer system
used or usable for sewage collection purposes.
All facilities, as of any particular time, for collecting,
pumping, transporting, treating and disposing of sanitary sewage and
industrial wastes, situate in or adjacent to this Borough and owned,
maintained and operated by the Authority.
[Ord. No. 191, 8/14/1967; as amended by Ord. No. 305, 10/9/2000]
1.
The owner of any improved property, accessible to and to whose principal
building is within 150 feet from the sewer system, shall connect such
improved property to and shall use such sewer system. The owner of
any improved property shall connect such improved property in such
manner as this Borough or the Authority may require within 60 days'
after notice to such owner from the Borough or the Authority to make
a connection, for the purpose of discharge of all sanitary sewage
and industrial waste from the improved property, subject to such limitations
and restrictions as shall be established herein or otherwise shall
be established by the Borough or the Authority, from time to time.
2.
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under Subsection 1, shall be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by this Borough or the Authority, from time to time.
3.
No person shall place or deposit or permit to be placed or deposited upon public or private property within this Borough any sanitary sewage or industrial wastes in violation of Subsection 1. No person shall discharge or permit to be discharged to any natural outlet within this Borough any sanitary sewage or industrial wastes in violation of Subsection 1 except where suitable treatment has been provided which is satisfactory to this Borough and the Authority.
4.
No privy vault, cesspool, sink hole, septic tank, or similar receptacle shall be used and maintained at anytime upon any improved property which has been connected to a sewer system or which is required under Subsection 1 herein to be connected to a sewer system. Every such privy vault, cesspool, sink hole, septic tank, or similar receptacle in existence shall be abandoned and cleansed and filled at the expense of the owner of the improved property, under the supervision and direction of this Borough or the Authority; and such privy vault, cesspool, sink hole, septic tank, or similar receptacle not abandoned and cleansed and filled shall constitute a nuisance and such nuisance may be abated as provided by law at the expense of the owner of the improved property.
5.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle
at any time shall be connected with a sewer.
6.
The notice by this Borough to make a connection to a sewer, referred to in Subsection 1, shall consist of a copy of this Part, including any amendments and/or supplements at the time in effect, or a summary of each section thereof, and a written or printed document requiring the connection shall be made within 45 days from the date such notice is given. Such notice may be given at any time after a sewer is in place which can receive and convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner in accordance with law.
[Ord. No. 191, 8/14/1967]
1.
Except as otherwise provided in this § 18-203, Subsection 1, each improved property shall be connected on one building sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, but then only after special permission of this Borough and the Authority, in writing, shall have been secured and subject to such rules, regulations and conditions as may be prescribed by this Borough and the Authority.
2.
All costs and expenses of construction of a building sewer and all
costs and expenses of connection of a building sewer to a sewer shall
be borne by the owner of the improved property to be connected and
such owner shall indemnify and save harmless this Borough and the
Authority from all loss or damage that may be occasioned, directly
or indirectly as a result of construction of a building sewer or of
connection of a building sewer to a sewer.
3.
A building sewer shall be connected to a sewer at the place designated
by the Authority and where the lateral is provided. The invert of
a building sewer at the point of connection shall be at the same or
a higher elevation than the invert of the sewer. A smooth, neat joint
shall be made and the connection of a building sewer to the lateral
shall be made secure and watertight.
4.
If the owner of any improved property located within this Borough and benefitted, improved and accommodated by any sewer, after 45 days' notice from this Borough, in accordance with § 18-202, shall fail to connect such improved property, as required, this Borough may make such connection and may collect from such owner the costs and expenses thereof by a municipal claim, and action in assumpsit or such other legal proceeding as may be permitted by law.
5.
No person shall uncover, connect with, make any opening into or use,
alter or disturb in any manner any sewer or any part of the sewer
system without first obtaining a permit, in writing, from the Authority,
and paying to the Authority any tapping fee charged and imposed by
the Authority against the owner of each improved property who connects
such improved property to a sewer.
[Ord. No. 191, 8/14/1967; as amended by Ord. No. 305, 10/9/2000]
1.
Where an improved property, at the time connection to the sewer system
is required, shall be served by its own sewage disposal system or
device, the existing house sewer line shall be abandoned and a new
house sewer line shall be constructed from the building to a point
of connection with the sewer system.
2.
No building sewer shall be covered until it has been inspected and
approved by this Borough and the Authority. If any part of a building
sewer is covered before so being inspected and approved, it shall
be uncovered for inspection at the cost and expense of the owner of
the improved property to be connected to a sewer.
3.
Every building sewer of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
4.
Every excavation for a building sewer shall be guarded adequately
with barricades and lights to protect all persons from damage and
injury. Streets, sidewalks and other public property disturbed in
the course of installation of a building sewer shall be restored,
at the cost and expense of the owner of the improved property being
connected, in a manner satisfactory to this Borough.
5.
If any person shall fail or refuse, upon receipt of a notice of this
Borough or the Authority, in writing, to remedy any unsatisfactory
condition with respect to a building sewer, within 45 days of receipt
of such notice, this Borough or the Authority may refuse to permit
such person to discharge sanitary sewage and industrial wastes into
the sewer system until such unsatisfactory condition shall have been
remedied to the satisfaction of this Borough and the Authority.
6.
This Borough reserves the right to adopt, from time to time, additional
rules and regulations as it shall deem necessary and proper relating
to connections with a sewer and the sewer system, which additional
rules and regulations, to the extent appropriate, shall be and shall
be construed as part of this Part.
[Ord. No. 191, 8/14/1967; as amended by Ord. No. 288, 8/8/1994]
1.
Any person who shall violate any provision of this Part shall, upon
conviction thereof, be sentenced to pay a fine not exceeding $1,000
and costs, or in default of payment thereof, shall be subject to imprisonment
for a term not to exceed 30 days. Each day that a violation of this
Part continues shall constitute a separate offense.
2.
Fines and costs imposed under provisions of this Part shall be enforceable
and recoverable in the manner at the time provided by applicable law.
[Ord. No. 191, 8/14/1967]
It is declared that enactment of this Part is necessary for
the protection, benefit and preservation of the health, safety and
welfare of inhabitants of this Borough.
