[Adopted 8-14-2006 by Ord. No. 2006-8]
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. 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 the City of
Latrobe.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
The Council of the City of Latrobe, Westmoreland 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 City of Latrobe 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 Latrobe, Westmoreland County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the City of Latrobe.
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 or any substance
which constitutes pollution under the Clean Streams Law (35 P.S. §§ 691.1
through 691.1001).
The Agency is hereby authorized and empowered
to undertake within the City of Latrobe the control and methods of
holding tank use, sewage disposal, and sewage collection and transportation
thereof.
The Agency is hereby authorized and empowered
to adopt such rules and regulations concerning the discharge of sewage
for capture by a holding tank which it may deem necessary from time
to time to effect the purposes herein. No provision of this article
is intended to regulate any matter concerning sewage discharge that
is currently, or may in the future, be within the jurisdiction of,
and regulated by, the Latrobe Municipal Authority.
All such rules and regulations adopted by the
Agency shall be in conformity with the provisions herein, all other
ordinances of the City of Latrobe, all applicable laws, and applicable
rules and regulations of administrative agencies of the Commonwealth
of Pennsylvania.
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 law.
The following shall be exclusive rights and
privileges:
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 Agency or any entity
approved by the Agency, 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 Agency will receive, review and retain pumping
receipts from permitted holding tanks.
C.
The Agency will complete and retain annual inspections
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
or any ordinance of the City of Latrobe, the provisions of any applicable
law, and the rules and regulations of the Agency and any administrative
agency of the Commonwealth of Pennsylvania.
B.
Permit only the Agency or its agent to inspect holding
tanks on an annual basis.
C.
Permit only the Agency or its agent to collect, transport
and dispose of the contents therein.
D.
Be responsible for all costs of maintenance, inspection
and disposal and transportation of holding tank contents.
Any person who violates any provisions of § 311-28 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 fine and costs, undergo imprisonment in the county prison for a period not in excess of 90 days.
In addition to any other remedies provided in this article, any violation of § 311-28 above shall constitute a nuisance and shall be abated by the City of Latrobe or the Agency by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction. All costs of mitigation and enforcement shall be borne by the Owner, including, but not limited to, reasonable attorneys' fees incurred by the municipality for enforcement. The municipality shall file a municipal claim against the improved property for nonpayment of costs of mitigation and enforcement incurred by the municipality.
A permit for the installation of a holding tank
shall be issued by the Code Officer to the improved property only
upon certification from the City Engineer and the Latrobe Municipal
Authority that:
