[Adopted 9-11-1984 by Ord. No. 599]
The purpose of this article 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 article is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of this municipality.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
Council of the Borough of Churchill, Allegheny 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.
The Borough of Churchill, Allegheny 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.
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.
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.
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.
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 Protection of the Commonwealth
of Pennsylvania.
The owner of an improved property that utilizes
a holding tank shall:
A.Â
Maintain the holding tank in conformance with this
or any ordinance of the Borough of Churchill, the provisions of any
applicable law and the rules and regulations of the authority and
any administrative agency of the Commonwealth of Pennsylvania.
B.Â
Permit only the authority or its agents to collect,
transport and dispose of the contents therein.
[Amended 3-10-1998 by Ord. No. 667]
Any person who violates any provisions of this
article shall, upon conviction thereof by summary proceedings, be
sentenced to pay a fine of not less than $500 and not more than $5,000,
plus costs, or to imprisonment for a period not to excess of 90 days,
or both.
In addition to any other remedies provided in
this article, any violation of this article shall constitute a nuisance
and shall be abated by the municipality or the authority be either
seeking appropriate equitable or legal relief from a court of competent
jurisdiction.