[Adopted 3-7-2011 by Ord. No. 2011-1
]
This article shall be known as the "Borough of Stockertown Holding
Tank Ordinance."
This article is authorized by Pennsylvania Clean Streams Law
Act of 1937, June 22, P.L. 1987, amended by Act of 1965, August 23,
P.L. 372, 35 P.S. § 691.1 et seq.; the Pennsylvania Sewage
Facilities Act, Act of 1966, January 24, P.L. (1965) 1535, as amended,
35 P.S. § 750.1 et seq.; and by the applicable regulations
of the Department of Environmental Protection dealing with sewage
facility systems specifically 25 Pa. Code § 71.63.
The purpose of this article is to provide for and regulate the
use, maintenance and removal of holding tanks to prevent the residents
and inhabitants of the Borough of Stockertown from danger and harm
due to inadequate or malfunctioning on-site septic systems; to permit
the development of lands with the use of holding tanks under carefully
controlled and regulated circumstances; to regulate the use and maintenance
of holding tanks in conformity with the law, statutes, and regulations
of the Commonwealth of Pennsylvania and the Department of Environmental
Protection; and to provide a temporary alternative to discontinuing
otherwise lawful land use by the inhabitants and residents of the
Borough of Stockertown.
As used in this chapter, the following terms shall have the
meanings indicated:
- ACT
- The Pennsylvania Sewage Facilities Act, 35 P.S. §§ 750.1
to 750.20, as, from time to time, amended.
- COUNCIL
- The Stockertown Borough Council.
- DEPARTMENT
- The Pennsylvania Department of Environmental Protection or
its successor state agency.
- DISPOSAL SITE
- A suitable facility for the final disposition of human and
animal sewage and wastes, which facility shall have been and remains
approved for such disposal purposes by the Department.
- HOLDING TANK
- A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. The term shall include:
- A.
— A toilet using chemicals that
discharge to a holding tank;
- B.
— A holding tank to which sewage
is conveyed by a water-carrying system; and
- C.
— A holding tank designed to receive sewage
where water under pressure is not available.
- HOLDING TANK CLEANER
- A municipality, county, municipal authority or person, natural
or legal entity, including the holding tank owner, who removes the
contents of a holding tank for the purpose of disposing of the sewage
at another site.
- LANDOWNER
- The natural person or persons, partnership, corporation or
legally existing organization who owns legal and equitable title to
the land for which a holding tank permit is sought or issued.
- LOT
- A parcel of land under single ownership irregardless of acreage.
In the event the subject lands are a portion of a larger parcel of
ground, the larger parcel of ground shall be considered as the lot.
A part of a subdivision or a parcel of land used as a building site
or intended to be used for building purposes, whether immediate or
future, which would not be further subdivided. Whenever a lot is used
for a multiple-family dwelling or for commercial, institutional or
industrial purposes, the lot shall be deemed to have been subdivided
into an equivalent number of single-family residential lots as determined
by estimated sewage flows.
- MUNICIPALITY
- The Borough of Stockertown, Northampton County, Pennsylvania.
- OFFICER
- The duly appointed Sewage Enforcement Officer of the Borough.
- REGULATIONS
- The regulations of the Pennsylvania Department of Environmental
Protection, Pa. Code, Title 25, Subpart C, Chapters 71, 72 and 73,
as adopted, and, all future amendments and regulations of the Department
pertaining to holding tanks.
- SEWAGE
- A substance that contains the waste products or excrement
or other discharge from the bodies of human beings or animals and
noxious or deleterious substances 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 term includes any
substance which constitutes pollution under the Clean Streams Law.
Holding tanks may be used subject to the provisions of this
article to serve as temporary sewage disposal from existing structures
within the Borough of Stockertown, where on-lot sewage disposal facilities
are not feasible due to unsuitability of soils; for a temporary sewage
disposal from existing structures where a malfunction in the presently
installed on-site sewage treatment system cannot be suitably repaired
or replaced due to unsuitability of soils; or temporarily serve for
sewage disposal for new construction in any area of the Borough for
which a revision to the Borough's Official Sewage Facilities
Plan has been approved by the Department.
A.
Any landowner seeking to use a holding tank for sewage disposal on
any lot situated in the Borough shall, after receipt of municipal
and Department official sewage facilities plan approval, if applicable,
obtain a permit from the municipal Sewage Enforcement Officer.
B.
Permit application shall be made upon a form to be supplied by the
Municipal Sewage Enforcement Officer to any landowner upon such landowner's
request.
C.
The landowner shall file the completed and executed application for
permit with the Sewage Enforcement Officer or Borough Secretary and
shall pay to the Sewage Enforcement Officer such application fees
as Borough Council may from time to time prescribe by resolution.
D.
The landowner shall cooperate with the Sewage Enforcement Officer
at all stages of the application process.
E.
A permit shall be issued by the Sewage Enforcement Officer to the
landowner upon proper application and after Borough Council has amended
its Official Sewage Facilities Plan and after approval by the Department,
if required by the Act.
F.
Prior to grant of permit, the landowner shall obtain and file with
the Municipal Sewage Enforcement Officer a certified copy of each
of the following documents:
(2)
A written contract between the landowner and qualified and responsible
holding tank cleaner for the term of the holding tank permit, which
contract shall provide for the timely and regular removal of the contents
of the holding tank by the holding tank cleaner and for the removal
of the said contents to an approved disposal site for final disposition;
(3)
A certified copy of a written contract between the holding tank cleaner
and the disposal site providing the holding tank cleaner with the
right to dispose of the holding tank contents;
(4)
Fees as established by resolution of Borough Council; and
(5)
An agreement to reimburse and indemnify the municipality for any
liability, costs and expenses which shall or may be incurred by the
municipality in actions to enforce compliance by the landowner or
to remove the contents of the holding tank or the holding tank upon
default or failure of the landowner to perform or for any fines incurred
by the municipality by reason of the landowner's failure to comply
with this article, any properly enacted amendment hereto or the laws
and regulations of the Commonwealth of Pennsylvania. The agreement
shall be in the form required by Borough Council.
A.
In the event a holding tank permit has been issued for new construction
pending the installation of an off-site sewage disposal system, the
landowner shall remove or cause the removal of the holding tank within
20 days after the use of the off-site sewage disposal system is made
available to the landowner and shall connect with the off-site disposal
system in the same time.
B.
The municipality, at its option, shall have the right to enter upon
the premises of a landowner for the purpose of removing or causing
the removal of any holding tank which remains in place in violation
of this article. "Municipality" as used herein shall mean the Borough,
its employees or third parties contracted by the municipality for
the purpose of removing the holding tank. All costs and expenses of
removal shall be borne by the landowner.
A.
Any holding tank installed or maintained pursuant to a permit issued
under this article shall comply, in all respects, with the specifications
set forth in regulations of the Department, 25 Pa. Code Chapters 71,
72 and 73 inclusive.
B.
The landowner shall cause the holding tank and all lines, pipes or
conduits to the same to be maintained in a good watertight condition
at all times.
C.
All holding tanks shall be installed on a firm and stable soil or
subsoil and in such manner as to prevent settlement or movement.
D.
No holding tank or lines to the holding tank shall be covered until
the Sewage Enforcement Officer shall have first inspected and approved.
E.
The landowner shall cause a holding tank to be cleaned as frequently
as may be required to maintain the contents at a level less than 75%
of the tank capacity.
F.
Holding tanks shall be installed at least 50 feet downgrade from
any source of water supply.
A.
Any landowner who applies for and receives a permit for holding tanks
shall be deemed to have granted his consent for inspections of the
holding tank by the Sewage Enforcement Officer of the municipality.
At reasonable times during the hours of 8:00 a.m. and 8:00 p.m., the
landowner shall grant the Sewage Enforcement Officer access to the
premises for the purpose of making such inspections upon request of
the Sewage Enforcement Officer verbally or in writing.
B.
Any landowner receiving a holding tank permit shall furnish true
and correct copies of the tank pumping receipts to the municipality
in a timely fashion. Failure to comply with this provision shall be
grounds for immediate revocation of the permit.
C.
The failure of a landowner to permit inspection of the holding tank,
equipment, or facilities used in connection with the operation and
maintenance of the holding tank or the failure of the landowner to
have the holding tanks properly maintained and pumped as required
or the failure of the landowner to provide true and correct pumping
receipts to the municipality in a timely manner shall be grounds for
immediate revocation of the permit.
A.
Any landowner aggrieved by denial of a permit application shall first
appeal to the Borough Council of Stockertown.
B.
The procedure for appeal shall in all respects conform to the procedure
for appeal from denial of sewage permit by the Sewage Enforcement
Officer of the municipality, as provided by law, in accord with the
Local Agency Law.
A.
Any person, firm or corporation violating any of the provisions of
this article, or who fails to act in compliance with this article,
shall, upon being found guilty thereof, be sentenced to pay a fine
of $500 for each day a violation of this article or the provisions
of the Sewage Facilities Act shall occur.
B.
Where the violation continues from day to day, and the landowner
fails to correct or cease such violation, each day's continuance
shall constitute a separate violation, unless circumstances beyond
the landowner's control prevent such correction, at which time
the landowner shall notify the Sewage Enforcement Officer for an extension
of time for good cause.
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