Ordinance #337-95 Holding Tank Ordinance

Be it enacted and ordained by the Borough Council of the Borough of Darlington of Beaver County, Pennsylvania and it is hereby enacted and ordained as follows:

Sec. 1.   Purposes

The purpose of this ordinance 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 ordinance is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this municipality.

Sec. 2.   Definitions

Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this ordinance shall be as follows:

  1. “Authority” – shall mean the Borough Council of the Borough of Darlington, Beaver County, Pennsylvania.
  2. “Holding Tank” – means a watertight receptacle, whither 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.
  3. “Improved Property” – shall mean 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 shall or be discharge.
  4. “Owner” – shall mean any person vested with ownership, legal or equitable, sole or partial, of any property located in the Borough.
  5. “Person” – shall mean any individual partnership, company, association, corporation or other group or entity.
  6. “Sewage” – shall mean any substances 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.
  7. “Municipality” – shall mean Darlington Borough, Beaver County, Pennsylvania.

Sec. 3.   Right and Privileges Granted

That the authority 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.

Sec. 4.   Rules and Regulations

That 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 affect the purposes herein.

Sec. 5.   Rules and Regulations to be in Conformity with Applicable Law

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.

Sec. 6.   Rates and Charges

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.

Sec. 7.   Exclusiveness of Rights and Privileges

  1. 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 sight or sites as may be approved by the Department of Environmental Resources of the Commonwealth of Pennsylvania.
  2. The Authority will receive, review and retain pumping receipts from permitted holding tanks.
  3. The Authority will complete and retain annual inspection reports for each permitted tank.

Sec. 8.   Duties of Improved Property Owner

The owner of an improved property that utilizes a holding tank shall:

  1. Maintain the holding tank in conformance with this 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.
  2. Permit only the Authority or its agent to inspect holding tanks on an annual basis.
  3. Permit only the Authority or its agent to collect, transport, and dispose of the contents therein.

Sec. 9.   Violations

Any person who violates any provisions of Section 8 shall upon conviction thereof by summary proceedings be sentenced to pay a fine of not less than one hundred ($100.00) dollars and not more than three hundred ($300.00) dollars, and in default of said fine and costs to undergo imprisonment in the county prison for a period not in excess of thirty (30) days.

Sec. 10.   Abatement of Nuisances

In addition to any other remedies provided in the ordinance, any violation of Section 8 above shall constitute a nuisance and shall be abate by the Municipality or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.

Sec. 11.   Repeal

All ordinances or resolutions or parts of ordinance or resolutions, insofar as they are inconsistent herewith, be and the same as hereby repealed.

Sec. 12.   Severability

If any sentence, clause, section or part of this ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this ordinance. It is hereby declared as the intent of the Borough, that this ordinance would have been adopted had such constitutional, illegal or invalid sentence, clause, section or part thereof not been included therein.

Sec. 13.   Effective Date

This Ordinance shall become effective five (5) days after its adoption.

Enacted and ordained on this 3rd day of April, 1995 by the Council of the Borough of Darlington, Beaver County, Pennsylvania.

Romaine Shugars, President of Council

Attest:                                                            Virginia Martin, Secretary of Council

Reviewed and approved this 3rd day of April, 1995.

Earl W. Shugars, Mayor

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