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.
Refer to §
185-1 for definitions and word usage.
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.
A. 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.
B. 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.
C. 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.
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.
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.
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.
The owner of an improved property that utilizes
a holding tank shall:
A. 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.
B. Permit only the Borough or anyone acting under the
direction of the Borough to made periodic inspections of his holding
facilities.
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.
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.