[Adopted 1-7-1990 by Ord. No. 1-90]
The purpose of this article is to provide for and regulate the
use, maintenance and removal of a holding tank to prevent the residents
and inhabitants of the Township of Bridgewater from danger and harm
due to inadequate or malfunctioning of an on-site septic system; to
permit the development of lands with the use of a holding tank under
carefully controlled and regulated circumstances; to regulate the
use and maintenance of said holding tank 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 by the owners in the Township of Bridgewater.
As used in this article, the following terms shall have the
meanings indicated:
The Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1
et seq., as from time to time amended.
The Board of Supervisors of the Township, or Councilmen of
the Borough.
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; and
PRIVYA holding tank designed to receive sewage where water under pressure is not available.
A municipality, county, municipal authority or person, natural
or 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 the subject lands are a portion of a larger parcel of
ground, the larger parcel of ground shall be considered as the lot.
The Township of Bridgewater, Susquehanna County, Pennsylvania.
The duly appointed Sewage Enforcement Officer of the municipality.
The regulations of the Pennsylvania Department of Environmental
Protection, Pa. Code Title 25, Subpart C, Chapters 71 and 73, as adapted,
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.
A holding tank may be used, subject to the provisions of this
article, to serve as temporary sewage disposal from the existing structures
within the Township of Bridgewater 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 for
sewage disposal for new construction in the area of the Township for
which a revision to the Township's official sewage facilities
plan has been approved by the Department.
A.
The landowner seeking to use a holding tank for sewage disposal on
a lot situated in the Township shall, after receipt of municipal and
Department official sewage facilities plan approval, obtain a permit
from the Municipal Sewage Enforcement Officer.[1]
B.
Permit application shall be made upon a form to be supplied by the
Municipal Sewage Agency to the landowner upon such landowner's
request.
C.
The landowner shall file the completed and executed application for
permit with the Municipal Sewage Agency (MSA) and shall pay to the
MSA such application fees as the Board may from time to time prescribe
by resolution.
D.
The landowner shall cooperate with the Municipal Officer at all stages
of the application process.
E.
A permit shall be issued to the landowner upon proper application
after the Board has amended its official sewage facilities plan and
after approval by the Department.
F.
Prior to grant of permit, the landowner shall obtain and file with
the Municipal Sewage Agency a certified copy of each of the following
documents:
(1)
A completed application.
(2)
A written contract between the landowner and 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 the 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.
(4)
Fees as established by resolution of the Board.
(5)
An agreement to reimburse and indemnify the municipality for any
liability, costs and expenses which shall or may be incurred by the
municipality in actions to enforce compliance by the landowner or
to remove the contents of the holding tank or upon default or failure
of the landowner to perform or for any fines incurred by the municipality
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 Board.
A.
In the event 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.
B.
The municipality, at its option, shall have the right to enter upon
the premises of a landowner for the purpose of removing or causing
the removal of the holding tank which remains in place in violation
of this article. "Municipality," as used herein, shall mean the Township,
its employees or third parties contracted by the municipality 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 specifications
set forth in 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 tanks or lines to the holding tank shall be covered until
the municipality's Officer shall have first inspected and approved
the installation and authorized covering the same. The landowner shall
be responsible for furnishing the Officer 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 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.
The landowner who applies for and received 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 municipality. 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 verbally or in writing.
B.
The landowner receiving a holding tank permit shall furnish the municipality
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 Township's Secretary, or its agent, within 10 days
after the contents of the holding tank are pumped out, or upon request.
C.
The failure of a landowner to permit inspection of holding tanks
or equipment of facilities used in connection with the holding tanks
or the failure of the landowners to have the holding tanks properly
maintained and pumped out or the failure of the landowner to furnish
pumping receipts to the municipality in a timely fashion shall be
grounds for immediate revocation of the permit.
A.
Any person, firm or corporation violating any provision of this article,
or who fails to act in compliance with this article, shall be subject
to the summary offense penalties of 35 P.S. § 750.13 and,
in addition thereto, may be subject to the civil penalties of 35 P.S.
§ 750.13a.[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, unless circumstances beyond
the landowners control prevent such correction, at which time the
landowner shall notify the Municipal Sewage Agency for an extension
of time.
This article shall be and become effective after enactment,
when approved in writing by the Department of Environmental Protection.
