[Adopted 5-8-1984 by Ord. No. 299 (Ch. 108, Art. III, of the 1975 Code)]
The purpose of this article is to provide for and regulate the use, maintenance and removal of holding tanks to prevent the residents and inhabitants of the Borough of Danville from danger and harm due to inadequate or malfunctioning on-site septic systems; to permit the development of lands with the use of holding tanks under carefully controlled and regulated circumstances; to regulate the use and maintenance of holding tanks in conformity with the law, statutes and regulations of the Commonwealth of Pennsylvania and the Department of Environmental Protection; and to provide a temporary alternative to discontinuing otherwise lawful land use by the inhabitants and residents of the Borough of Danville.
As used in this article, the following terms shall have the meanings indicated:
ACT
The Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 through 750.20, as from time to time amended.
BOROUGH
The Borough of Danville, Montour County, Pennsylvania.
COUNCIL
The Council of the Borough of Danville.
DEPARTMENT
The Pennsylvania Department of Environmental Protection or its successor state agency.
DISPOSAL SITE
A suitable facility for the final disposition of human and animal sewage and wastes, which facility shall have been and remains approved for such purposes by the Department.
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. The term shall include:
A. 
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
B. 
RETENTION TANKA holding tank to which sewage is conveyed by a water-carrying system.
C. 
PRIVYA holding tank designed to receive sewage where water under pressure is not available.
HOLDING TANK CLEANER
A municipality, county, municipal authority or person, natural or a legal entity, including the holding tank owner, who removes the contents of a holding tank for the purpose of disposing of the sewage at another site.
LANDOWNER
The natural person or persons, partnership, corporation or legally existing organization who owns legal and equitable title to the land for which a holding tank permit is sought or issued.
LOT
A parcel of land under single ownership regardless of acreage. In the event that the subject lands are a portion of a larger parcel of ground, the larger parcel of ground shall be considered as the lot.
OFFICER
The duly appointed Sewage Enforcement Officer of the Borough of Danville.
REGULATIONS
The regulations of the Pennsylvania Department of Environmental Protection, Pa. Code Title 25, Subpart C, Chapters 71 and 73, as adopted; and all future regulations of the Department pertaining to holding tanks.
SEWAGE
Any substance that contains any of the waste products, excrement or other discharge from the bodies of human beings or animals and noxious or deleterious substances 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 or which constitutes pollution under the Clean Streams Law.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
Holding tanks may be used, subject to the provisions of this article, to serve as temporary sewage disposal from existing structures within the Borough of Danville, where the municipal sanitary sewage system is not available and where on-lot sewage disposal facilities are not feasible due to unsuitability of soils; for a temporary sewage disposal from existing structures, where a malfunction in the presently installed on-site sewage treatment system cannot be suitably repaired or replaced due to unsuitability of soils; or temporarily serve as sewage disposal for new construction in any area of the Borough for which a revision to the Borough's official sewage facilities plan has been approved by the Department.
A. 
Any landowner seeking to use a holding tank for sewage disposal on any lot situated in the Borough shall first obtain a permit.
B. 
Permit application shall be made upon a form to be supplied by the Borough Secretary to any landowner upon such landowner's request.
C. 
The landowner shall file the completed and executed application for a permit with the Borough Secretary and shall pay to the Secretary such application fees as the Council may from time to time prescribe by resolution.
D. 
The landowner shall cooperate with the Borough's officer at all stages of the application process.
E. 
A permit shall be issued to the landowner upon proper application after the Council has amended its official sewage facilities plan and after approval by the Department.
F. 
Prior to the grant of permit, the landowner shall obtain and file with the Borough Secretary a certified copy of each of the following documents:
(1) 
A completed application.
(2) 
A written contract between the landowner and a qualified and responsible holding tank cleaner for the term of the holding tank permit, which contract shall provide for the timely and regular removal of the contents of the holding tank by the holding tank cleaner and for the removal of said contents to an approved disposal site for final disposition.
(3) 
A certified copy of a written contract between the holding tank cleaner and the disposal site providing the holding tank cleaner with the right to dispose of the holding tank contents for a time at least until the end of the period for which the holding tank permit is requested, which contract shall conform to 25 Pa. Code Chapter 71.
(4) 
Fees as established by resolution of the Board.
(5) 
An agreement to reimburse and indemnify the Borough for any liability, costs and expenses which shall or may be incurred by the Borough in actions to enforce compliance by the landowner; or to remove the contents of the holding tank, or the holding tank, upon default or failure of the landowner to perform; or for any fines incurred by the Borough by reason of the landowner's failure to comply with this article, any properly enacted amendment hereto or the laws and regulations of the Commonwealth of Pennsylvania. The agreement shall be in the form required by the Council.
A. 
Each permit shall be issued for the term of one year.
B. 
Permits may be renewed annually upon proper application to the Council in the manner set forth in this Article III of this chapter.
C. 
In the event that a landowner holding a valid permit shall violate this article during the term of the permit, no renewal permit shall thereafter be issued to such landowner.
A. 
Absent the grant of a renewal permit prior to the lapse of an existing permit, the landowner shall remove or cause the removal of the holding tank within 20 days of the end of the term for which a permit has been issued.
B. 
In the event that a holding tank permit has been issued for new construction pending the installation of an off-site sewage disposal system, the landowner shall remove or cause the removal of the holding tank within 20 days after the use of the off-site sewage disposal system is made available to the landowner and shall connect with the off-site disposal system in the same time.
C. 
The Borough, at its election, shall have the right to enter upon the premises of a landowner for the purpose of removing or causing the removal of any holding tank which remains in place in violation of this article. "Borough," as used herein, shall mean the Borough, its employees or third parties contracted by the Borough for the purpose of removing the holding tank. All costs and expenses of removal shall be borne by the landowner.
A. 
Any holding tank installed or maintained pursuant to a permit issued under this article shall comply in all respects to the specification set forth in the Regulations of the Department, 25 Pa. Code Chapter 73, inclusive.
B. 
The landowner shall cause the holding tank and all lines, pipes or conduits to the same to be maintained in a good, watertight condition at all times.
C. 
All holding tanks shall be installed on a firm and stable soil or subsoil and in such manner as to prevent settlement or movement.
D. 
No holding tank or lines to the holding tank shall be covered until the Borough's officer shall have first inspected and approved the installation and authorized covering the same. The landowner shall be responsible for furnishing the officer with reasonable notice of the installation.
E. 
The landowner shall cause a holding tank to be cleaned as frequently as may be required to maintain the contents at a level of less than 75% of the tank capacity.
F. 
Holding tanks shall be installed at least 50 feet downgrade from any source of water supply.
A. 
Any landowner who applies for and receives a permit for holding tanks shall be deemed to have granted his consent for inspections of the holding tank and facilities used in connection with the holding tank by the Sewage Enforcement Officer of the Borough. At reasonable times during the hours of 8:00 a.m. until 8:00 p.m., the landowner would grant the Sewage Enforcement Officer access to the premises for the purpose of making such inspections, upon request of the Sewage Enforcement Officer, either verbally or in writing.
B. 
Any landowner receiving a holding tank permit shall furnish to the Borough a true and corrected copy of all pumping receipts for cleaning or removing the contents of the holding tanks. Such reports shall be made to the Borough's Secretary within 10 days after the contents of the holding tank are pumped out.
C. 
The failure of a landowner to permit inspection of holding tanks or equipment or facilities used in connection with the holding tanks or the failure of the landowner to have the holding tanks properly maintained and pumped out or the failure of the landowner to furnish pumping receipts to the Borough in a timely fashion shall be grounds for immediate revocation of permit.
A. 
Any landowner aggrieved by the denial of a permit application shall first appeal to the Council.
B. 
The procedure for appeal shall in all respects conform to the procedure for appeal from the denial of a sewage permit by the officer of the Borough, as provided by law.
A. 
Any person, firm or corporation violating any of the provisions of this article or who fails to act in compliance with this article shall, upon being found guilty thereof, be sentenced to pay a fine of not more than $600 for each offense and, in default of payment of said fine, be imprisoned in the Montour County Prison for a period not exceeding 30 days for each offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Where the violation continues from day to day and the landowner fails to correct or cease such violation, each day's continuance shall constitute a separate violation.