[Adopted 5-6-1986 by Ord. No. 232 (Part 5, Ch. 5, of the 1987 Code)]
The purpose of this article is to establish procedures for the use and maintenance of sewage holding tanks designed to receive and retain sewage from residential or commercial uses, and it is declared that its enactment is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Borough.
[Amended 1-10-1989 by Res. No. 89-1]
Unless the context specifically and clearly indicates otherwise, the meaning of the following terms used in this article shall be as defined in this section:
BOROUGH
The Borough of Trappe, Montgomery County, Pennsylvania.
COUNCIL
The Council of the Borough of Trappe.
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. This term is limited to a "retention tank" which is a holding tank where sewage is conveyed to it by a water-carrying system.
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 sewage shall or may be discharged or any property upon which such a structure is intended to be erected if public sewage disposal is to be available to any existing or proposed structure within 24 months of date of enactment of this article No. 232, then the term "improved property" shall mean any property within the Borough upon which there is presently erected a structure intended for continuous or periodic habitation or commercial or industrial usage providing that improved property is experiencing a malfunction of an existing on-lot septic system, which malfunction cannot feasibly be rectified.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in this Borough.
PERSON
Any individual, association, public or private corporation for profit or not for profit, partnership, firm, trust, estate, department, board, bureau or agency or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties. Whenever used in any clause prescribing and imposing a penalty or imposing a fine or imprisonment, the term "person" shall include the members of an association, partnership or firm and the officers of any agency or corporation.
SEWAGE
Any substance which contains any of the waste products or excrement or other discharge from the bodies of human beings 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 waste for domestic water supply, or for recreation, or which constitutes sewage or pollution under the Pennsylvania Clean Streams Law[1] or any other local, state or federal government regulations as they now exist or are in the future enacted or amended.
SEWAGE ENFORCEMENT OFFICER
The local code enforcer, building inspector or other qualified person appointed by Council.
SEWAGE SYSTEM
A system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into a holding tank for ultimate conveyance to another site for final disposal.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
A. 
It shall be unlawful for any person to install, operated, use, alter or maintain a holding tank as part of a sewage system within the Borough without first having been issued a permit by:
(1) 
Council (through its Sewage Enforcement Officer); and
(2) 
The county and/or state agency having jurisdiction.
B. 
It shall be unlawful for any person to install, operate, use, alter or maintain a holding tank, the design, operation and maintenance of which does not comply with each of the requirements of this article, the regulations promulgated under this article, and the statutes, rules and regulations of other state or county regulatory agencies having jurisdiction.
C. 
It shall be unlawful for any person to violate any other provision of this article with respect to the installation, operation, use or maintenance of a holding tank.
Prior to the installation of a holding tank, the following procedures shall be required:
A. 
Application for a permit to install a holding tank shall be made to Council prior to the commencement of construction of any building on the improved lot which the holding tank proposes to serve, or, in the event of existing construction, prior to the installation of any such holding tank.
B. 
The application shall contain the following information:
(1) 
A copy of the permit application filed with the Pennsylvania Department of Environmental Protection, including all such information required by the Pennsylvania Sewage Facilities Act Application for Sewage Disposal Systems, Form ER-BCE-128, or equivalent.
(2) 
A schematic plan of the proposed installation, including:
(a) 
The tank design and capacity; and
(b) 
All appurtenances to the tank, including the proposed sewage system.
(3) 
A specific description of the proposed sewage system to which the holding tank is to be connected.
(4) 
A copy of the holding tank manufacturer's specifications for the tank.
(5) 
The specifications for the safety control device, described in § 259-36.
(6) 
A description of the maintenance control and disposal plan proposed by the owner to service the holding tank, including a copy of the maintenance contract.
(7) 
A plot plan of the property showing the location of the proposed buildings and the location of the holding tank.
(8) 
A description of the zoning district in which the property is located.
(9) 
A description of the proposed use and the maximum number of people the holding tank will serve.
(10) 
A copy of the maintenance security documentation as required by § 259-41.
(11) 
A specific description, including a schematic drawing, of the proposed backup system required by § 259-46.
(12) 
If used, a copy of the permit granted by the Pennsylvania Department of Environmental Protection for use of the holding tank on the property.
(13) 
A copy of the written contract with a licensed sewage contractor for the collection, transportation and disposal of the contents of the proposed holding tank.
C. 
If the Sewage Enforcement Officer determines that an application is incomplete, or if that officer is unable to verify the information submitted, the applicant shall be notified in writing within 10 working days and the time for acting on the application shall be extended 15 working days beyond the date of receipt of adequate supplementary or amendatory data.
A. 
Prior to the issuance of any holding tank permit, the Sewage Enforcement Officer shall:
(1) 
Inspect the property;
(2) 
Determine that the application meets the requirements of § 259-34;
(3) 
Determine that the proposed holding tank and the sewage system meet the requirements of this article and all regulations promulgated under this article;
(4) 
Secure deposit by the owner with the Borough of the required security escrow for maintenance of the holding tank;
(5) 
Determine compliance by the applicant with any and all requirements of the Pennsylvania Department of Environmental Protection;
(6) 
Secure a copy of the permit for the holding tank issued by the Pennsylvania Department of Environmental Protection.
B. 
No application for a sewage holding tank permit shall be acted upon or processed by the Sewage Enforcement Officer unless accompanied by the required permit application fee established by resolution of Council.[1]
[1]
Editor's Note: Current Fee Schedule is on file in the Borough offices.
C. 
Upon determination by the Sewage Enforcement Officer that all requirements of this article have been met by the owner, he shall issue a provisional holding tank permit to and in the name of the owner. That permit shall be valid for a maximum period of 90 days from the date of issue, shall not be transferable and shall authorize only the installation, hookup and startup of the holding tank and the sewage system attached to it.
D. 
Provisional permits shall be issued or denied by the Sewage Enforcement Officer in writing within 14 working days after receipt of the required permit application fee and the completed application for the permit; provided, however, no provisional permit shall be issued under any circumstances unless and until the holding tank has been approved by the Pennsylvania Department of Environmental Protection by issuance of a permit.
E. 
Upon completion of the installation, hookup and startup of the holding tank to the sewage system, the owner shall, not later than 48 hours thereafter, deliver to the Sewage Enforcement Officer the completed work order or other written proof demonstrating completion of such installation. It shall be the responsibility of the owner to verify that that notice has actually been received by the Sewage Enforcement Officer. Failure of the owner to so comply as to operate the holding tank or sewage system pursuant to the provisional permit shall work an automatic revocation of the provisional permit and shall serve as the Sewage Enforcement Officer's authority to cause an immediate disconnection of the holding tank and a shutdown of the sewage system, and shall subject the owner to prosecution under the penalty provisions of this chapter.
F. 
No part of any installation, including the holding tank, shall be covered until it has been inspected and given final written approval by the Sewage Enforcement Officer.
G. 
Within 72 hours of receipt by the Sewage Enforcement Officer of a notice required by Subsection E of this section, he shall inspect the holding tank and the sewage system installation and all appurtenances thereto, and if the same complies with this chapter, he shall forthwith issue to the owner a certificate of approval which shall bear the date and the signature of the Sewage Enforcement Officer, and shall be firmly affixed to and thereafter maintained as a part of the holding tank. A copy of the certificate shall be filed with the secretary and upon such approval the owner is authorized to operate the sewage system and the holding tank. Council shall issue a final permit to the owner within 30 days thereafter.
H. 
When any initial or subsequent inspection by the Sewage Enforcement Officer reveals that the installation of the holding tank or appurtenant system differs from the information and representation set forth in the application, any provisional permit, certificate of approval or final permit shall be revoked by the Sewage Enforcement Officer, and no further construction or operation of the holding tank or the appurtenant sewer system shall take place until the certificate of approval has been reinstated and the permit approved for reissuance.
A. 
Holding tanks authorized by this chapter shall meet, as a minimum, the design standards set forth in Title 25, Rules and Regulations, Part I, Department of Environmental Protection, Subpart C, Article I, Chapter 73, Standards for Sewage Disposal Facilities, Subsection 73.62.
B. 
The holding tank shall be large enough to hold a minimum of three days' sewage from the residential or commercial use situated on the improved property, but shall have a minimum capacity of 1,000 gallons or a volume equal to the quantity of waste generated in three days, whichever is larger, with the maximum capacity not to exceed 5,000 gallons.
C. 
The holding tank shall be equipped with a warning device to indicate when the tank is filled to within 75% of its capacity. That device shall create an audible and visual signal at a location frequented by the improved property owner.
A. 
No improved property owner utilizing a holding tank shall permit the tank to overflow or to reach more than 90% of capacity without arranging for disposal of the contents of the holding tank as required by this chapter. In addition to the sanctions imposed by this chapter for violation, any overflow or allowance of such excess capacity shall result in automatic revocation of the certificate of approval and the permit; and forfeiture of the maintenance escrow deposit lodged with the Council. Council is authorized to expend as much of the escrow deposit, at any time, as may be required to dispose of the holding tank's contents. Within 10 days after such expenditure, the owner shall replace the expended security by redepositing that amount with Council. The holding tank permit shall not be reissued until the security is fully refunded by the owner.
B. 
During the period of installation and operation of the holding tank, the owner shall maintain in full force and effect the required maintenance escrow deposit; and the required disposal contract, and shall promptly renew or replace any such contract which has expired or is otherwise terminated.
C. 
The owner shall maintain the holding tank and attached sewage system in a fully operational condition at all times, and shall repair, replace or enlarge, as required, any worn or defective parts, including the holding tank, or when ordered by the sewage enforcement office to do so.
D. 
It shall be the responsibility of the owner to forthwith make any corrections, improvements or replacements to the holding tank or the sewage system ordered by the Sewage Enforcement Officer and determined by him to be necessary for its safe operation in accordance with its design and purpose.
Use of holding tanks within this Borough is restricted to:
A. 
Those cases in which the Department of Environmental Protection determines that such holding tank use is necessary to abate a nuisance or a public health hazard; or
B. 
Emergency use when no other Department of Environmental Protection approved sewage disposal system can be installed upon the property because of physical restrictions peculiar to the property.
A. 
Sewage permits, other than provisional permits, issued pursuant this chapter are valid for a maximum period of two years.
B. 
No such holding tank permit may be renewed unless the applicant can demonstrate the continuing physical restrictions related to the property that preclude installation of a permanent sewage system.
C. 
Reissued permits shall be valid for a period not to exceed two years, subject to the above procedure, and may be renewed for subsequent two-year periods upon demonstration of renewal eligibility subject to Subsection B of this section.
D. 
Notwithstanding the above, holding tanks are declared to be temporary facilities, and their use shall be discontinued and any permit issued for any holding tank may be revoked as soon as other appropriate means of collection, treatment and/or disposal are available to the occupied lands served by the holding tanks.
A. 
Prior to the issuance of any certificate of approval or permit under this chapter, the owner shall file with Council a copy of the maintenance contract in which the owner has contracted with a licensed sewage disposal hauler to remove the contents of the holding tank for purposes of disposing of the sewage at another site within the time and in the manner prescribed by this chapter and the regulations of any other regulatory authority having jurisdiction.
B. 
That contract shall be renewed or replaced and kept in full force and effect during the entire period in which a holding tank is utilized on the improved property. Failure to maintain such a contract shall cause an immediate revocation of the holding tank permit.
A. 
Prior to the issuance of the provisional holding tank permit, the owner shall deposit with Council financial security equal to 100% of the cost of the holding tank and its appurtenances, together with an additional sum equal to the cost for cleaning the holding tank for a period of not less than six months. The purpose of this escrow deposit, which shall be renewable from year to year, is to indemnify Council against all costs and expenses which Council may incur by reason of the failure of the improved property owner to maintain the holding tank in a fully operational condition or to dispose of the holding tank's contents in accordance with the requirements of this article. The form and type of financial security shall be approved by the Borough Solicitor, and may be either a federal- or commonwealth-chartered lending institution irrevocable letter of credit or a cash escrow account in that lending institution, deposited in the name of the Borough in an interest-bearing account. So long as the owner is in compliance with the requirements of this chapter, interest earned on the account shall be payable to the owner at least annually.
B. 
The amount of the required deposit shall be established by submission to Council of bona fide proof of the cost of the holding tank and its installation or, in the absence of such bona fide proof, at Council's discretion, the cost thereof shall be established by estimate prepared by the Borough engineer. Council may require an increase in the amount of deposit upon and before any permit renewal to compensate for a decrease in the value of the deposit occasioned by inflation, and in the specific percentage amount by which the value has been decreased thereby.
C. 
The Borough may expend all or any part of the security deposit for those purposes set forth in the foregoing subsections of this section. Upon expenditure by Council of any portion of the deposit, the owner shall be required to immediately refund the security deposit as required by § 259-37.
D. 
In the event of a cash escrow deposit, the owner shall execute the standard Borough escrow agreement for the purpose.
A. 
The Sewage Enforcement Officer shall make all of the required inspections, and may, with approval of Council, engage such expert opinion as may be deemed necessary to report upon unusual technical issues which may arise.
B. 
The Sewage Enforcement Officer or his designated representative, or both, shall have the authority at any time to enter upon the premises of the improved property owner to inspect the holding tank, the sewage system and its appurtenances or the site of any such proposed holding tank, sewage system or its appurtenances. Failure of the owner to permit inspection at reasonable hours, and in the case of emergency, at any time, shall result in an immediate revocation of any certificate of approval or permit issued under the authority of this chapter.
A. 
The Sewage Enforcement Officer shall issue a cease-and-desist order to the owner whenever he determines that any violation of this article has occurred. Within 48 hours of receipt of such cease-and-desist order, the owner shall correct the cited violation, and shall cease and desist from the conduct prescribed by such order. Failure to comply within that time period shall result in revocation of any certificate of approval or permit previously issued.
B. 
Failure to comply with a cease-and-desist order within the time designated above shall subject the owner to the penalty provisions of § 259-48; provided, however, the issuance of a cease-and-desist order shall not be a condition precedent to a prosecution for a violation of this article.
C. 
In addition to any other remedies provided herein, a violation of any provisions of this article, or any rule or regulation promulgated under the authority of this article, shall constitute a nuisance and shall be subject to abatement by Council by appropriate equitable or legal relief from a court of competent jurisdiction.
A. 
Any person aggrieved by action of the Sewage Enforcement Officer may, within 14 days of receipt of notice of such action, request in writing a hearing before Council.
B. 
All permit revocations provided in this article shall be provisional and shall become final only after written notice and 10 days' opportunity to request a hearing have been granted to the owner. Council shall hold a hearing within 15 days after receipt of such request, and the Department of Environmental Protection shall be notified of the hearing by Council.
C. 
Hearings under this section and any subsequent appeal shall be conducted pursuant to the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 105.
Council may, from time to time, adopt such rules, regulations, standards and procedures as shall be determined necessary in order to properly administer the provisions of this article; provided, however, no such rule or regulation, standard or procedure shall be adopted if it is inconsistent with any Pennsylvania statute or rule or regulation promulgated under that statute. Upon such promulgation by Council, the same shall become fully enforceable under this article.
Each holding tank disposal sewage system shall, in its design and plan, provide for a viable backup system that can be installed and implemented if the tank becomes inoperative. The system shall be capable of implementation within 72 hours after the tank becomes inoperative.
In addition to the grounds for revocation detailed above, a certificate of approval, provisional permit or final permit shall be revoked by Council or the Sewage Enforcement Officer for any one or more of the following reasons:
A. 
When any change which has occurred in physical conditions of any improved property will materially affect the operation of the sewage system or the disposal system covered by the permit issued by Council; or
B. 
When one or more test material to the issuance of the permit has not been properly conducted; or
C. 
When information material to the issuance of the certificate or permit has been falsified; or
D. 
If the owner fails to file a request for a hearing in accordance with the above requirements, the revocation shall be effective and final.
Any person who violates any provision of this article shall, upon conviction before a Magisterial District Judge, be sentenced to pay a fine not exceeding $300, together with the costs of prosecution or, in default of payment thereof, to imprisonment in the county jail for a period not exceeding 30 days. Any person who violates any provision of this article shall be deemed guilty of a separate offense for each and every day that violation or violations continues and be subject to the penalty imposed by this section for each and every separate offense.