[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:
The Borough of Trappe, Montgomery County, Pennsylvania.
The Council of the Borough of Trappe.
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.
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.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in this Borough.
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.
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.
The local code enforcer, building inspector or other qualified
person appointed by Council.
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:
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.
(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.
(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.
(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;
(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.
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.
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.
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.
