[Adopted 10-12-1981 by Ord. No. 466, approved 10-12-1981]
The intent of this article is to establish procedures for the construction, use, maintenance and regulation of holding tanks designed to receive and retain sewage, whether from residential, commercial or industrial 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 the Borough of Eddystone, Delaware County, Pennsylvania.
A. 
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows:
AUTHORITY
The Council of the Borough of Eddystone, Delaware County, Pennsylvania.
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. "Holding tanks" include but are not limited to the following:
(1) 
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
(2) 
RETENTION TANKA holding tank where sewage is conveyed to it by a water-carrying system.
(3) 
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is not available.
IMPROVED PROPERTY
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 wastewater shall or may be discharged.
MUNICIPALITY
Borough of Eddystone, Delaware County, Pennsylvania.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Borough.
PERSON
Any individual, partnership, company, association, corporation or other group or entity.
WASTEWATER
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 hazardous waste 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.
B. 
The word "shall" is always mandatory.
Holding tanks require regular service and maintenance to prevent their malfunction and overflow and shall be utilized only in lieu of wastewater treatment tanks and subsurface absorption areas when:
A. 
A wastewater treatment tank and subsurface disposal system on the property cannot qualify for a permit due to site conditions;
B. 
The applicable official Borough Sewerage Facilities Plan or revision thereto indicates the use of holding tanks for that property; and
C. 
The applicant has received approval for the proposed wastewater disposal site from the Pennsylvania Department of Environmental Protection.
A. 
The owner or his authorized representative shall submit a letter, together with an application form entitled "Pennsylvania Sewage Facilities Program - Application for Sewage Disposal System" (ER-BCE-128, as last revised). Attached to said letter and application shall be:
(1) 
A copy of a letter, resolution or memorandum from the Borough of Eddystone Planning Commission approving the plan, subject to the approval of the Authority and the current Sewage Enforcement Officer for the installation of the holding tank.
(2) 
An engineering drawing of the site showing all property lines, adjacent streets, dimensions in feet, location of all existing and proposed buildings, wastewater treatment tank, all wells and springs, subsurface disposal system (depth-feet, length-feet, width-feet), reference to North, direction of slope, distance to nearest stream (if applicable), isolation distances as set forth in Pennsylvania Department of Environmental Protection Title 25, Chapter 73, and invert elevations and grades of all piping.
(3) 
Design drawings of the proposed holding tank.
(4) 
Calculations of wastewater flows on a daily basis in gallons, certified by a registered professional engineer in Pennsylvania.
(5) 
A copy of the executed contract for maintenance of the holding tank between the owner and a Pennsylvania Department of Environmental Protection approved wastewater hauler. Said contract shall include but not be limited to the name of the contractor, the method of maintenance of the holding tank, the method of wastewater disposal, the frequency of inspection and the ultimate place of disposal. Said contract shall be required to remain in full force and effect for the entire period of operation of the holding tank. Failure by the owner to renew said contract or to submit proof of a contract with another approved wastewater hauler shall constitute a violation of this article. Said contract shall provide that the wastewater hauler inspect the system a minimum of four times annually; each inspection shall be no sooner than three months from the last prior inspection.
(6) 
A copy of the contract between the approved wastewater hauler and the owner of the facility into which the contents of the holding tank will ultimately be discharged.
B. 
Upon approval of the proposed holding tank, the Authority shall, by resolution, amend the Borough's Sewerage Facilities Plan under Pennsylvania Act 537[1] to incorporate the location of the holding tank in the Borough's official Sewerage Facilities Plan.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
C. 
Any approval by the Authority shall be contingent upon the owner entering into an agreement with the Borough wherein:
(1) 
The owner acknowledges and accepts his responsibilities to empty the holding tank as needed and the penalties provided under this article.
(2) 
The owner shall submit to the Authority a schedule for pumping of the holding tank.
The Authority is hereby authorized and empowered to undertake within the Borough the control and methods of holding tank wastewater disposal and the collection and transportation thereof.
The Authority is hereby authorized and empowered to adopt such rules and regulations concerning wastewater 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 holding tank design shall be in accordance with the current rules and regulations of the Pennsylvania Department of Environmental Protection Rules and Regulations as described in Title 25, Chapters 71 and 73, as last revised.
The collection and transportation of all wastewater 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 maintain the holding tank in conformance with this or any ordinance of the Borough of Eddystone, the provisions of any applicable law and the rules and regulations of the Authority and any administrative agency of the Commonwealth of Pennsylvania.
A. 
The owner shall assume full and complete responsibility for the proper collection and disposal of the contents of the holding tank.
B. 
If the owner fails to empty the holding tank as required, it shall be the responsibility of the Authority to contract with a wastewater hauler to pump the tank and dispose of the contents thereof at a site approved by the Pennsylvania Department of Environmental Protection. The actual costs for such pumping shall be charged to the property owner plus an additional ten-percent administrative fee.
C. 
Holding tank contents may be disposed of only at a Pennsylvania Department of Environmental Protection approved wastewater treatment facility or other facility constructed to specifically receive and treat wastes from holding tanks.
D. 
Reports shall be filed by the 15th day of each month with the Authority by the wastewater hauler. Said reports shall set forth the dates of pumping and the gallonage pumped on such dates.
[Amended 1-9-1989 by Ord. No. 524, approved 1-9-1989]
Any person, individual, firm, corporation, association, partnership and/or other legal entity who shall violate the provisions of this article shall, upon conviction before any District Justice legally empowered to hear such matter, be punished by a fine of not more than $1,000 or, in default thereof, be imprisoned for a period not exceeding 30 days. Each day's failure to comply with the provisions of this article shall constitute a separate violation hereof.
In addition to any other remedies provided in this article, any violation shall constitute a nuisance and shall be abated by the Borough of Eddystone or the Authority by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.