[Ord. 4-2017, 7/17/2017]
The purpose of this Part is to establish procedures for the use and maintenance of existing and new holding tanks as defined herein. It also establishes procedures for the approval of holding tanks in other situations. It is hereby declared that the enactment of this Part is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this municipality.
[Ord. 4-2017, 7/17/2017]
1. 
Word Usage. In the interpretation of this Part, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
2. 
Definitions. All words and phrases not otherwise defined herein shall have the meaning provided in Section 2 of the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.2, Section 71.1 of the DEP Regulations, 25 Pa. Code § 71.1, or Section 73.1 of the DEP Regulations, 25 Pa. Code § 73.1, or the MPG.
ACT
The Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1 et seq.
BOARD OF SUPERVISORS
The Board of Supervisors of North Lebanon Township, Lebanon County, Pennsylvania.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania or any agency successor thereto.
HOLDING TANK
A watertight receptacle, whether permanent or temporary, which receives and retains sewage conveyed by a water-carrying system and is designed and constructed to facilitate the ultimate disposal of the sewage at another site.
IMPROVED PROPERTY
Any property within the Township 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.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
PERSON
Any individual, partnership, company, association, corporation, trust or other group or entity and the officers of such corporation and the members of such partnership.
SEWAGE
Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals 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 water for domestic water supply or for recreation or any substance which constitutes pollution under the Clean Streams Law, 35 P.S. § 691.1 et seq.
SEWAGE ENFORCEMENT OFFICER (SEO)
The Sewage Enforcement Officer of the Township.
TOWNSHIP
North Lebanon Township, Lebanon County, Pennsylvania.
[Ord. 4-2017, 7/17/2017]
The Board of Supervisors is hereby authorized and empowered to undertake within the Township the control and methods of holding tank use, sewage disposal and sewage collection and transportation thereof.
[Ord. 4-2017, 7/17/2017]
The Board of Supervisors is hereby authorized and empowered to adopt by resolution such rules and regulations concerning sewage and to enter into such agreements as it may deem necessary from time to time to effect the purposes herein.
[Ord. 4-2017, 7/17/2017]
All such rules and regulations adopted by the Board of Supervisors shall be in conformity with the provisions herein, all other ordinances of the Township and all applicable laws and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.
[Ord. 4-2017, 7/17/2017]
The Board of Supervisors shall have the right and power to fix, alter, charge and collect rates, assessments and other charges relating to the use and maintenance of holding tanks at reasonable and uniform rates as authorized by applicable law.
[Ord. 4-2017, 7/17/2017]
1. 
The collection and transportation of all sewage from any improved property utilizing a holding tank shall be done solely by or under the direction and control of the Board of Supervisors, or its authorized representative, and the disposal thereof shall be made only at such site or sites as may be approved by the Department of Environmental Protection of the Commonwealth of Pennsylvania.
2. 
The Township and the Township SEO will receive, review and retain pumping receipts from permitted holding tanks.
3. 
The Township and the Township SEO will receive and retain annual inspection reports for each permitted holding tank.
[Ord. 4-2017, 7/17/2017]
1. 
The use of holding tanks is hereby authorized within the Township in the following situations:
A. 
Dwellings Not Served by Electrical Service. Holding tanks may be approved subject to the following:
(1) 
The existing background nitrates exceed 10 mg/l;
(2) 
The holding tank serves only one single-family dwelling;
(3) 
The dwelling is not served by electrical service of any kind;
(4) 
Only toilet/urinal waste is directed to the holding tank;
(5) 
A completely separate gray water plumbing and disposal system serves the dwelling;
(6) 
Only micro-flush toilets with a flush specification of no more than one quart per flush and low-volume flush urinals for all toilet wastes are used;
(7) 
The toilets/urinals will be located to reduce horizontal runs of building sewers;
(8) 
The holding tank will be located no more than 20 feet from the vertical run of the building sewer where it exits the dwelling;
(9) 
The minimum capacity of the holding tank shall be 2,000 gallons or volume equal to the quantity of waste generated in three days, whichever is larger;
(10) 
The holding tank shall be equipped with a warning device to indicate when the tank is filled to within 75% of its capacity. The warning device shall create an audible and visual signal at a location frequented by the owner or responsible individual;
(11) 
The improved property must be suitable for a Department of Environmental Protection permit issued for a forty-percent reduced size gray water absorption area (total reduction used and reduced site system installed);
(12) 
If a holding tank is authorized by this Part and all requirements of this Part have been complied with, no hydrogeologic evaluations shall be required.
B. 
Other Situations Approved by the Township. Holding tanks may be approved by the Township for following situations:
(1) 
To abate existing malfunctions where the installation of an approved on-lot sewage disposal system is not possible;
(2) 
Where future connection to the public sewer system will occur within 24 months from permit issuance.
[Ord. 4-2017, 7/17/2017]
A Pennsylvania Department of Environmental Protection permit authorization for the holding tank shall be obtained by the owner from the Township SEO. Prior to any permit issuance by the SEO, the owner must request approval from the Board.
[Ord. 4-2017, 7/17/2017]
The owner shall comply with all standards for holding tanks set forth in Pennsylvania Department of Environmental Protection's Chapter 73 regulations.[1]
[1]
Editor's Note: See 25 Pa. Code Chapter 73.
[Ord. 4-2017, 7/17/2017]
1. 
The owner of an improved property that utilizes a holding tank shall:
A. 
Maintain the holding tank in conformance with this Part and all other ordinances of the Township, the provisions of any applicable law, and the rules and regulations of any administrative agency of the Commonwealth of Pennsylvania, including, but not limited to, the Pennsylvania Department of Environmental Protection;
B. 
Permit the Township or its agent to inspect holding tanks at such times as are determined by the Township or its authorized representative and pay all costs and expenses incurred by the Township related to such inspections;
C. 
Correct all deficiencies discovered by the Township or its agent during inspections within 10 days of written notice thereof;
D. 
Provide the Township with a signed copy of the owner's contract with a pumper registered with the Pennsylvania Department of Environmental Protection;
E. 
Provide the Township Sewage Enforcement Officer and the Township Secretary with copies of pump-out records semiannually; and
F. 
Enter into a holding tank agreement with the Township in a form satisfactory to the Township.
[Ord. 4-2017, 7/17/2017]
1. 
It shall be a violation of this Part to commit or to permit any other person to commit any of the following acts:
A. 
To install, repair, modify or alter a holding tank prior to obtaining a permit or in a manner which violates the terms and conditions of any permit.
B. 
To misuse or fail to maintain a holding tank.
C. 
To collect, transport and dispose of the contents of a holding tank or to permit any person to collect, transport or dispose of the contents of a holding tank in violation of the conditions of a permit, this article or the regulations of the Department.
D. 
To fail to abandon the holding tank consistent with applicable Department standards if public sewer service becomes available or an approved on-lot system becomes available.
E. 
To place false information on or omit relevant information from an application for a permit.
F. 
To fail to comply with any other provision of this Part.
2. 
Any person who violates any provisions of this Part shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $100 and not more than $1,000 plus costs, and in default of said fine and costs, to a term of imprisonment in the county prison for a period not in excess of 90 days. Each day or portion thereof on which a violation exists shall be considered a separate violation of this Part, and each section of this Part which is violated shall be considered a separate violation. Upon conviction thereof by summary proceedings, the person who violates any provisions of this Part shall pay the Township costs and legal fees.
[Ord. 4-2017, 7/17/2017]
In addition to any other remedies provided in this Part, any violation of this Part shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction. In such equitable proceedings, the Township shall recover its legal fees and Court costs incurred in the enforcement of the provisions of this Part.