[Adopted 7-17-1989 by Ord. No. 48]
As used in this article, the following terms shall have the meanings indicated:
ACT
Pennsylvania Sewage Facilities Act, 35 P.S. §§ 750.1 through 750.20, as from time to time amended.
BOARD
The Board of Commissioners of Pocono Township.
DEP
The Pennsylvania Department of Environmental Protection or its successor state agency.
HOLDING TANK
A watertight receptacle which receives and retains sewage from a central sewer system and is designed and constructed to facilitate ultimate disposal of the sewage at another site.
HOLDING TANK HAULER
A municipality, 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 a DEP-approved site.
MUNICIPALITY
The Municipality of Pocono Township, Monroe County, Pennsylvania.
OWNER
The project's legal and beneficial owner.
REGULATIONS
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.
SEO
The duly appointed Sewage Enforcement Officer of the municipality.
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.
The holding tank may be used subject to the provisions of this article to temporarily serve for sewage disposal for new construction in a proposed commercial development for a period not to exceed two years, pending completion of a DEP-approved sewage treatment plant.
The municipality, at its option, shall have the right to enter upon the premises for the purpose of removing the holding tank if it remains in place for more than three days after written notice from municipality to the owner that a specific violation of this article has occurred. "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 owner.
A. 
The holding tank installed or maintained pursuant to this article shall comply, in all respects, to the specifications set forth in regulations of the DEP, 25 Pa. Code Chapter 73, inclusive.
B. 
The holding tank shall be constructed to meet the specifications of Pa. Code § 73.31(b) (relating to standards for septic tanks).
C. 
The minimum capacity of a holding tank shall be 1,000 gallons or a volume equal to the quantity of waste generated in three days, whichever is larger.
D. 
The holding tank shall be equipped with a remote warning device to indicate when the tank is filled to within 75% of its capacity. Such warning device shall create an audible and visual signal at the location of the licensed operator of the system.
E. 
Disposal of waste from a holding tank shall be at a site approved by the Department of Environmental Protection.
F. 
The owner shall cause the holding tank and all lines, pipes or conduits to the same to be maintained in good watertight condition at all times.
G. 
The holding tank shall be installed on a firm and stable soil or subsoil and in such manner as to prevent settlement or movement.
H. 
The holding tank or lines to the holding tank shall not be covered until the municipality's SEO shall have first inspected and approved the installation and authorized covering the same. The owner shall be responsible for furnishing the SEO reasonable notice of the installation.
I. 
The owner shall clean the holding tank as frequently as may be required to maintain the contents at a level less than 75% of the tank capacity.
J. 
The holding tank shall be installed at least 50 feet downgrade from any source of water supply.
K. 
The holding tank shall be used for a maximum of two years; within two years a central wastewater treatment plant must be built and in operation.
L. 
The DEP must have approved the Planning Module and the ultimate method of wastewater treatment and disposal. Also, a permit for the collection system will be obtained from the DEP prior to the installation of the holding tank.
M. 
Upon expiration of the two-year period commencing with the installation of the holding tank, the owner shall disconnect and render inoperable the holding tank installed under this article.
N. 
The owner shall have a contract with a sewage hauler or must have access to a sewage hauling truck.
O. 
The owner shall have a contract with a permitted wastewater treatment plant which will accept the holding tank wastes.
A. 
The owner shall be deemed to have granted his consent for inspections of the holding tank and facilities used in connection with the holding tank by 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 owner shall furnish the municipality a true and corrected copy of all pumping receipts for cleaning or removing the contents of the holding tanks upon request.
C. 
The failure of an owner to permit inspection of the holding tank or equipment or facilities used in connection with the holding tank; or the failure of the owner to have the holding tank properly maintained and pumped out; or the failure of the owner to furnish pumping receipts to the municipality in the timely fashion shall be grounds for revocation of the permit. In addition, the municipality may, at its option, cause the holding tank to be closed for use, pumped out and/or repaired, the cost of which shall be borne by the owner (or, if necessary, charged against the letter of credit).
The developer or owner of the sewage system shall post a maintenance bond or letter of credit equal to 110% of the cost of servicing the holding tanks for a period of two years, which may be reduced at the request of the developer or owner upon express approval by the Board.
A. 
The owner aggrieved by denial of permit application or by permit revocation shall first appeal to the Board.
B. 
The procedure for appeal shall in all respects conform to the procedure for appeal from denial of sewage permit by the SEO of the municipality, as provided by law.
This article shall be enforced by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, partnership, corporation or other entity who or which violates or permits a violation of the provisions of this article shall, upon conviction in a summary proceeding, pay a fine of not more than $1,000, plus the costs of prosecution, and, in default of the payment of the fine and costs of prosecution, shall be imprisoned for a period not exceeding 30 days.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).