Borough of Lehighton, PA Holding Tanks

The purpose of this article is to establish procedures for the installation, use and maintenance of holding tanks designed to receive and retain sewage, whether from residential, industrial or commercial uses, and it is hereby declared that the enactment of this Part 3 is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Borough.

§ 185-76 Definitions.

Refer to § 185-1 for definitions and word usage.

§ 185-77 Holding tanks authorized.

Holding tanks are temporary facilities allowed for the purposes defined under the following Subsections A and B for a term not to exceed two years unless PADER extends the time limitation or no other suitable remedies or alternatives are available at the end of the term.

Public sewer imminent. The use of holding tanks is hereby authorized to permit the development of any property for residential purposes where such property is located in an area of the Borough where public sewers are to be constructed and such construction is imminent. Such construction is imminent where such public sewers are planned and funding for construction is available.

Public sewers over capacity. The use of holding tanks is hereby authorized to permit the development of any property for residential, institutional or industrial purposes where such property is served by or is adjacent to a public sewer but connection to such sewer is not possible because such sewer is overloaded and expansion of the capacity of such sewer is planned and such construction is imminent. Such construction is imminent where such expansion of existing public sewer is planned and funding for construction is available. For the purposes of this article, the word "sewer" shall apply to the system of connector lines, interceptors or pumping stations, and such sewer shall be deemed overloaded where any portion of the system between the proposed site and the treatment facility is over capacity.

Failed on-site system. The use of a holding tank is hereby authorized for an existing residential on-site system that has ceased to function and where the Department of Environmental Resources determines that the use of a holding tank is necessary to abate the nuisance of or correct the public health hazard posed by such failed on-site system.

§ 185-78 Disposal of sewage.

The collection and transportation of all sewage from any property utilizing holding tanks shall be done solely under the direction and control of the Borough or Authority. No truck used in the amount of sewage for disposal shall exceed a capacity of 6,000 gallons, and no removal of sewage from a holding tank shall occur before the hour of 7:00 a.m. or after 10:00 p.m., prevailing time, except in the case of an emergency. It is the responsibility of the property owner to ensure that the contents are treatable as sewage, if they are to be accepted by the Lehighton Wastewater Treatment Plant.

§ 185-79 Rules and regulations.

The Borough and Authority is hereby empowered to adopt from time to time rules and regulations governing the disposal of sewage from holding tanks. Such rules and regulations are and shall be a part of this article, and the violation of such rules and regulations shall be a violation of this article.

§ 185-80 Permits.

No holding tank shall be installed or used for the disposal of sewage until a permit for such tank shall be obtained from the Borough. The property owner shall submit to the Borough for its approval plans showing the size, shape, location, type of material used in the fabrication of the holding tank and details of its construction prior to the issuance of any building permit for newly constructed buildings and prior to the issuance of any occupancy permit for existing buildings. No building permit shall be issued until the Borough approves the holding tank application in each instance and grants a permit for its installation, and no occupancy permit shall be granted until the holding tank installation is approved by the Borough. At the time of application for such permit, the following shall be granted until the holding tank installation is approved by the Borough. At the time of application for such permit, the following shall be submitted:

(1)

A letter from the Borough and/or Authority agreeing to receive sewage from the applicant.

(2)

A copy of the contract between the applicant and the sewage hauler providing for the pumping of such holding tank on a regular basis, with such contract being irrevocable for a period of not less than one year.

(3)

If applicable, a copy of the letter from the Department determining that the on-site system is a nuisance or public health hazard to be abated.

In the event that after construction the property is to be conveyed with the applicant retaining no interest in the property, then the applicant shall execute a covenant, to be recorded running with the land, binding the successors in title to observe the duties required by this article and the rules and regulations.

§ 185-81 Rates and charges.

The person applying for the use of a holding tank or tanks shall pay, prior to the issuance of a permit for such holding tank or tanks, such permit and inspection fees as may be established by resolution of the Borough Council with recommendation from the Lehighton Sewerage Authority.

§ 185-82 Duties of owners of improved property.

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

Maintain the holding tank in conformance with this article or any ordinance of this Borough, the provisions of any applicable law and the rules and regulations of the Borough and any administrative agency of the Commonwealth of Pennsylvania.

Permit only the Borough or anyone acting under the direction of the Borough to made periodic inspections of his holding facilities.

§ 185-83 Construction.

Tank capacity. The minimum capacity allowed shall be equal to either the daily flow times the longest interval, in days, between collection plus one day's additional capacity or three days' capacity, whichever is greater; provided, however, that the minimum tank capacity shall be at least 1,000 gallons for each equivalent dwelling unit (EDU).

Level indicator. An indicator to show the sewage depth will be required. Also, a warning device using a light and sound device shall be installed within the proposed improved property, to be activated when the tank is 74% full.

Withdraw facilities. The tank shall be designed so that it can be completely pumped out.

Venting. The tank shall be designed with a vent to the atmosphere. If odor problems occur, it will be the property owner's responsibility to install the necessary filter system within 30 days after written notice from the Borough.

All holding tanks shall be located so that the sewage pumper will have easy access to withdrawal facilities during all seasons of the year.

§ 185-84 Violations and penalties.

Any person who violates any provision of this article shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not more than $1,000 and the costs of prosecution or, in default of said fine and costs, to undergo imprisonment in the county prison for a period not in excess of 30 days. Each day that any violation shall continue after notice of such violation shall constitute a separate violation and shall be punishable as such a separate violation.

§ 185-85 Abatement of nuisances.

In addition to any other remedies provided in this article or in equity, any violation of this article shall constitute a nuisance and may be abated by the Borough, with the costs thereof being collected as provided by law for the collection of municipal claims or by assumpsit.