[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:
The Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1
through 750.20, as from time to time amended.
The Borough of Danville, Montour County, Pennsylvania.
The Council of the Borough of Danville.
The Pennsylvania Department of Environmental Protection or
its successor state agency.
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.
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:
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
RETENTION TANKA holding tank to which sewage is conveyed by a water-carrying system.
PRIVYA holding tank designed to receive sewage where water under pressure is not available.
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.
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.
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.
The duly appointed Sewage Enforcement Officer of the Borough
of Danville.
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.
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 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]
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.
