[Ord. 67, 9/14/1995, § 1]
This Part 5A shall be known and may be cited as the "Upper Nazareth
Township Temporary Holding or Retention Tank Ordinance."
[Ord. 67, 9/14/1995, § 2]
The following words and phrases when used in this Part 5A shall
have the meanings ascribed to them in this section except in those
instances where the context clearly indicates a different meaning:
The Board of Supervisors of the Township of Upper Nazareth,
Northampton County, Pennsylvania.
A water tight receptacle which receives and retains sewage
conveyed to it by a water carrying system and which is designed and
constructed to facilitate ultimate disposal of the sewage at another
site.
A person who removes the contents of a holding tank for purposes
of disposing of the sewage to another site.
Every natural person, association, partnership or corporation.
Whenever used in any clause prescribing or imposing a fine, or penalty
of imprisonment in default thereof, the term as applied to associations
shall mean any member thereof; as applied to partnerships shall mean
any partner thereof; as applied to corporations shall mean the President,
treasurer or secretary thereof.
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 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 Act of June 22, 1937, P.L. 1937, No. 394, 35 P.S.
§ 691.1 et seq., known as the "Clean Streams Law."
The official of the Township who has been delegated to issue
and review permit applications and conduct such investigations and
inspections as are necessary to implement the Sewage Facilities Act,
35 P.S. § 691.1 et seq., and the rules and regulations thereunder.
The Township of Upper Nazareth, Northampton County, Pennsylvania.
[Ord. 67, 9/14/1995, § 3]
It shall be unlawful for any person to erect, construct, maintain
or use any holding or retention tank for the disposal of sewage within
the Township of Upper Nazareth, Northampton County, Pennsylvania,
unless all laws of the Commonwealth of Pennsylvania and regulations
issued by the Department of Environmental Protection relating to holding
and retention tanks have been met by the applicant, and all terms
and conditions of this Part 5A have been complied with and a valid
sewage permit has been issued by the Township Sewage Enforcement Officer.
[Ord. 67, 9/14/1995, § 4]
1.
Capacity. A retention or holding tank shall be large enough to hold
a minimum of three days sewage waste or 1,000 gallons, whichever is
larger.
2.
Construction. A retention tank shall be constructed of durable material
and shall be water tight.
3.
Warning Device. A retention tank shall be equipped with a warning
device to indicate when the unit is within 75% of capacity. Such warning
device shall create an audible or visible signal at a location frequented
by the homeowner or responsible individual.
4.
Maintenance disposal of waste from a retention or holding tank must
be at a site approved by the Department of Environmental Protection.
5.
Holding tanks shall receive regular service and maintenance by the
applicant applying for the permit in order to prevent their malfunction
and overflow.
[Ord. 67, 9/14/1995, § 5; as amended by A.O.]
Each applicant shall submit to the Township a contract between
the applicant and the holding tank cleaner covering collection and
disposal of the holding or retention tank's contents, which contract
must be approved by the Township. In the event that the applicant
fails in any regard to follow each and every term and provision of
the regulations of the Department of Environmental Protection or the
terms and provisions of this Part 5A, in regard to the disposal of
the holding tank's contents, the ultimate responsibility for
the proper collection and disposal of such contents shall be with
the Township. The holding tank cleaner and the disposal site shall
be approved by the Department of Environmental Protection prior to
the disposal of contents of holding or retention tanks.
[Ord. 67, 9/14/1995, § 6]
All permits shall be issued by the Sewage Enforcement Officer
of the Township, after compliance with the provisions of this Part
5A and the existing state laws of the Commonwealth of Pennsylvania
and regulations of the Department of Environmental Protection, pertaining
to holding or retention tanks.
[Ord. 67, 9/14/1995, § 8]
All permits for the temporary use of holding or retention tanks
within the Township shall be for the period of one year. Each user
of a holding tank must reapply annually for a permit at which time
an evaluation shall be made as to full compliance with existing regulations
of the Department of Environmental Protection, the provisions of this
Subpart, including the deposit of required security as hereinafter
noted, and any and all statutes of the Commonwealth of Pennsylvania
relating to sewage disposal within the Commonwealth of Pennsylvania.
All permits issued shall be under and subject to the right of the
Department of Environmental Protection and the Township to impose
such other conditions for operation and maintenance of said retention
or holding tanks as the Department or Township deems necessary to
prevent a nuisance or a public health hazard.
[Ord. 67, 9/14/1995, § 8]
Each applicant for a holding or retention tank shall deposit
with the Township a security deposit equal to one years cost for the
disposal of the contents of the holding or retention tank by the holding
tank cleaner and cost of proper disposal of said sewage with an authorized
disposal site operator, which sums shall be estimates by the holding
tank cleaner and disposal site operator given to the Township prior
to the issuance of a permit for the year for which the permit is given.
[Ord. 67, 9/14/1995, § 9; as amended by A.O.]
Any person, firm or corporation who or which shall violate any
provision of this Part 5A, upon conviction thereof in an action brought
before a magisterial district judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not less than $100
nor more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 90 days. Each
day that a violation of this Part continues or each section of this
Part which shall be found to have been violated shall constitute a
separate offense.
[Ord. 106, 2/2/2005, § 1]
This Part 5B shall be known as the "Upper Nazareth Township
Holding Tank Ordinance."
[Ord. 106, 2/2/2005, § 2]
This Part 5B is authorized by Pennsylvania Clean Streams Law
Act of 1937, June 22, P.L. 1987, amended by Act of 1965, August 23,
P.L. 372, 35 P.S. § 691A et seq., the "Pennsylvania Sewage
Facilities Act," Act of 1966, January 24, P.L. (1965) 1535, as amended,
35 P.S. § 750.1 et seq., and by the applicable regulations
of the Department of Environmental Protection dealing with sewage
facility systems specifically 25 Pa. Code, § 71.63.
[Ord. 106, 2/2/2005, § 3]
The purpose of this Subpart is to provide for the installation,
maintenance, and removal of holding tanks; and to provide a means
of assuring that proper security is provided to enable the Township
to properly remove such tanks should the owner thereof default on
his responsibilities and to establish penalties for violations of
said Part 5B.
[Ord. 106, 2/2/2005, § 4]
When used in this Part 5B, the following words shall have the
meanings ascribed to them herein:
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S.
§ 750.1 et seq., also known as the "Pennsylvania Sewage
Facilities Act."
The Board of Supervisors of Upper Nazareth Township, Northampton
County, Pennsylvania.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
A retaining tank, either permanent or temporary, to which
sewage is conveyed by a water carrying system.
Person registered in accordance with 25 Pa. Code § 285.225(c).
The Township Act 537 Sewage Facilities Plan as approved by
the DEP.
Any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau, or agency of the commonwealth or other political subdivision,
municipality, district, authority, or any other legal entity whatsoever
recognized by law. Whenever used in any clause prescribing or imposing
a penalty or imposing a fine or imprisonment, the term "person" shall
include the members of an association, partnership or firm and the
officers of any local agency or municipality, public or private corporation
whether for profit or not for profit.
A water tank receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site.
A substance that contains the waste products or 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 "Pennsylvania Clean Streams Law," 35 P.S. § 691.1
et seq.
The official of the Nazareth Township who issues permits,
reviews permit applications and sewage facility planning modules,
and conducts investigations and inspections necessary to implement
Act 537 and the regulations thereunder.
[Ord. 106, 2/2/2005, § 5]
The provisions of this Part 5B shall apply to all persons owning
any property within the Township serviced by a holding tank for the
first time after the effective date of this Part 5B and to all persons
within the Township installing, repairing, altering, or removing a
holding tank. This Part 5B shall not apply to existing holding tanks
lawfully in use at the time of the enactment of this Part 5B.
[Ord. 106, 2/2/2005, § 6]
[Ord. 106, 2/2/2005, § 7]
Permits may be issued only for holding tanks of institutional,
recreational, or commercial establishments and which have a sewage
flow of 800 gallons per day or less.
[Ord. 106, 2/2/2005, § 8]
1.
All permits issued shall meet the following requirements:
A.
No person shall install, construct, or alter a holding tank system
without first obtaining a permit indicating that the site and the
plans and specifications of such system are in compliance with the
provisions and standards adopted pursuant to Act 537.
B.
No holding tank shall be covered from view until approval to cover
the same has been given by the SEO. If 72 hours have elapsed, excepting
Sundays and holidays, since the SEO issuing the permit received notification
of completion of construction, the applicant may cover said system
or structure unless permission has been specifically refused by the
SEO.
C.
The Board may require applicants for holding tank permits to notify
the Township's SEO of the schedule for construction of the holding
tank so that inspections in addition to the final inspection required
by Act 537 may be scheduled and performed by the SEO.
D.
No zoning permit, building permit, or occupancy permit shall be issued
by the Township or its designated Zoning Officer for a building which
will contain a holding tank until a valid permit under this Part 5B
and Act 537 has been obtained from the SEO.
E.
No zoning, building, or occupancy permit shall be issued and no work
shall begin on any alteration or conversion of any existing structure
if served by a holding tank if said alteration or conversion will
result in an increase or potential increase in sewage flows from the
structure until the structure's owner receives from the SEO either
a permit for alteration or replacement of the existing holding tank
or written notification that such a permit will not be required. The
SEO shall determine whether the proposed alteration or conversion
of the structure will result in increased sewage flows based upon
a submission by the applicant.
F.
No building or occupancy permit shall be issued for any structure
to be served by a holding tank until the owner of said structure has
entered into an agreement and provided the security required under
this Part 5B.
G.
A permit for a holding tank may be issued only when the SEO has certified
that an existing system has failed and that the site is unsuitable
for any replacement system so that a holding tank is necessary to
remedy the existing system failure, or in the alternative that the
Board allows such system on the basis that the area where the holding
tank will be installed will be connected to a community sewage system
within one year of the installation of the holding tank so that said
holding tank will be for a temporary measure only.
[Ord. 106, 2/2/2005, § 9]
1.
The SEO shall have the right to conduct inspections of holding tanks
as follows:
A.
The SEO shall conduct, at a minimum, an annual inspection of each
holding tank within the Township and prepare a written inspection
report; one copy of which shall be delivered to the owner of the property
and one copy shall be retained by the SEO.
B.
In addition to required yearly inspections, any holding tank may
be inspected by the SEO at any reasonable time.
C.
All inspections may include a physical tour of the property, the
taking of samples from surface water, wells, other ground water sources,
the sampling of the contents of the holding tank itself and/or the
introduction of a traceable substance into the interior plumbing of
the structure served to ascertain the path and ultimate destination
of wastewater generated in the structure.
D.
The SEO shall have the right to enter upon all land for the purpose
of inspections described above.
[Ord. 106, 2/2/2005, § 10]
1.
Only normal domestic wastes shall be discharged into any holding
tank. The following shall not be discharged into a holding tank system:
A.
Industrial waste.
B.
Automobile oil and/or other non-domestic oil.
C.
Toxic and/or hazardous substances and/or chemicals including, but
not limited to, pesticides, disinfectants, acids, paints, paint thinners,
herbicides, gasoline and/or other solvents.
D.
Surface or ground water, including water from roof and/or cellar
drains, springs, basement sump pumps and/or french drains.
[Ord. 106, 2/2/2005, § 11]
1.
Every owner of a lot with a holding tank shall have the following
duties of maintenance:
A.
Any person owning a lot served by a holding tank shall have said
holding tank pumped by a licensed septage hauler at least once every
year. The person must submit documentation to the Township SEO illustrating
that the holding tank has been pumped according to this requirement.
B.
This required pumping frequency may be increased at the discretion
of the SEO based upon the Officer's inspection of the holding
tank.
C.
Any person owning a property served by a holding tank shall submit,
with each required pumping receipt, a written check list report, from
the hauler or from any other qualified individual acceptable to the
Township to verify that the tank has been found to be in good working
order and/or properly functioning; said verification is hauler's
responsibility. Any person whose tank has been determined to require
repair or replacement shall first contact the SEO for approval of
the necessary repair.
D.
In the event that the person who is the property owner of any property
containing a holding tank has failed to submit the above required
receipts to the SEO evidencing that the tank has been pumped on an
annual basis, the Township shall have the ability to have the tank
pumped by a licensed hauler with the cost to be billed to the person
owning the property upon which the tank is installed. In the event
that said person refuses to pay said bill, the Township may draw upon
the security provided under this Part 5B to pay for said pumping.
[Ord. 106, 2/2/2005, § 12]
1.
No person shall operate a holding tank system and no building, zoning
or occupancy permit shall be issued for the occupancy of any structure
if said structure will be served by a holding tank system until said
person has posted security as required under this Part 5B.
2.
Said security shall consist of an irrevocable letter of credit in
an amount sufficient to cover the estimated maintenance and/or pumping
costs of a holding tank for a one-year period of time and also sufficient
to cover the estimated removal cost of said holding tank both as determined
by the Township SEO based upon a submission by the applicant. Said
letter of credit must be issued by a bank or savings and loan authorized
to do business in the Commonwealth of Pennsylvania and shall be substantially
in a form approved by the Township Solicitor.
3.
The said security shall also consist of a holding tank improvement and maintenance agreement to be entered into by the person owning and/or installing said tank by the Township and by the financial institution providing the letter referred to in Subsection 2 above. Said agreement shall be prepared by the Township Solicitor.
4.
Said improvements agreement and letter of credit shall permit the
Township to draw upon said letter of credit in order to undertake
required maintenance which the owner of the holding tank has not undertaken
including pumping the holding tank, other maintenance and/or repairs,
and the removal and/or replacement of said holding tank.
5.
Said security fee shall be reviewable annually and adjustments made
accordingly by the Township.
[Ord. 106, 2/2/2005, § 13; as amended by A.O.]
1.
No person shall operate and maintain a holding tank in such a manner
that it malfunctions. All liquid wastes, including kitchen and laundry
wastes and water softener backwash, shall be discharged to a tank.
No holding tanks shall discharge untreated or partially treated sewage
to the surface of the ground or into the waters of the commonwealth
unless a permit to discharge has been obtained from the Department.
2.
The Township may issue an initial written notice of violation to
any person who is the owner of a property in the Township which is
found to be served by a malfunctioning holding tank or which is discharging
raw or partially treated sewage without a permit.
3.
Within seven days of notification by the Township that a malfunction
has been identified, the property owner shall make application to
the SEO for a permit to repair or replace the malfunctioning tank.
Within 30 days of issuance of permit, weather permitting, construction
of the permitted repair or replacement shall commence. Within 60 days
of the issuance of a permit by the Township, weather permitting, the
construction shall be completed unless the Township shall extend the
period.
4.
Failure to apply for a permit or to complete the repair or replacement within the times specified in Subsection 3, shall constitute a violation, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part 5B continues or each section of this Part 5B which shall be found to have been violated shall constitute a separate offense.
5.
The Township's certified SEO shall have the authority to require
the repair of any malfunction by the following methods: cleaning,
repair or replacement of components of the existing system, adding
capacity or otherwise altering or replacing the system's treatment
tank, or other alternatives as appropriate for the specific site.
6.
In lieu of, or in combination with, the remedies described in Subsection 5 above, the SEO may require the installation of water conversation equipment and the institution of water conservation practices in structures served. Water using devices and appliances in the structure may be required to be retrofitted with water saving appurtenances or they may be required to be replaced by water conserving devices and appliances. Wastewater generation in the structure may also be reduced by requiring changes in water usage patterns in the structure served.
7.
In the event that the rehabilitation measures in Subsections 1 through 6 are not feasible or do not prove effective, the Township may require the owner to apply to the DEP for a permit to install a single residence treatment and discharge system. Upon receipt of said permit the owner shall complete construction of the system within 60 days.
8.
Should none of the remedies described above prove totally effective
in eliminating the malfunction of an existing holding tank, the property
owner is not absolved of responsibility for that malfunction. The
Township may require whatever action is necessary to lessen or mitigate
the malfunction to the extent that it feels necessary.
10.
Should the remedies provided above not prove effective in eliminating
the malfunction of an existing holding tank, the Township shall have
the remedy of requiring the property owner to remove said system.
Should the property owner refuse to remove said system then the Township
shall have the ability to accomplish the removal drawing upon the
funds provided under the security agreement entered into between the
property owner and the Township.
[Ord. 106, 2/2/2005, § 14]
The Board of Supervisors shall establish by resolution a schedule
of fees. Costs for the completion of required water quality testing
and Township SEO inspections shall be assessed to the property owner.
It shall be each individual property owner's responsibility to
contract with a licensed septage hauler for the pumping of the owner's
septic tank.
[Ord. 106, 2/2/2005, § 15]
Where a property owner or other person fails to maintain, repair
or replace a holding tank system after notice pursuant to the terms
of this Part 5B, such failure shall constitute a public nuisance and
a violation of this Part 5B. The Township may abate the nuisance by
performing the work needed, or by contracting to perform the work
needed to abate the nuisance, and may charge the landowner or other
responsible person for the cost thereof plus a penalty of 20%. Said
cost plus penalty may be collected by an action in assumpsit or by
the filing of a Township lien according to law. Such costs plus penalty
may also be drawn from the irrevocable letter of credit provided the
security agreement.
[Ord. 106, 2/2/2005, § 16]
1.
The contents of holding tanks shall be disposed of as follows:
A.
The contents of all holding tanks originating within the Township
shall be disposed of at sites or facilities approved and permitted
by the DEP. Approved sites or facilities shall include the following:
septage treatment facilities, wastewater treatment plants, composting
sites, and approved farm lands.
B.
Pumper/haulers operating within the Township shall operate in a manner
consistent with the provisions of the Act of July 28, 1988, P.L. 556,
No. 101, as amended, 53 P.S. § 4000.101 et seq., known as
the "Municipal Waste Planning, Recycling and Waste Reduction Act."
[Ord. 106, 2/2/2005, § 17]
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this Part
5B.
[Ord. 106, 2/2/2005, § 18]
Any person aggrieved by any notice, action, or determination
may appeal to the Board within 30 days in writing pursuant to the
Act of 1978, April 28, P.L. 202, No. 53, as amended, 2 Pa.C.S.A. §§ 105
and 551 et seq., known as the "Local Agency Law."
[Ord. 106, 2/2/2005, § 19; as amended by A.O.]
1.
Any person who shall violate any of the provisions of this Part 5B,
or who shall fail to act upon notice or determination of the SEO or
other authorized agent of the Township within the time stated in the
notice on determination, upon conviction thereof in an action brought
before a magisterial district judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days.
2.
It is further provided as follows:
A.
Each day of violation or continuing violation shall constitute a
separate offense.
B.
Failure to appeal a notice or determination pursuant to § 18-528 and the Local Agency Law, 2 Pa.C.S.A. §§ 105 and 551 et seq., shall constitute an admission of the violation and a failure to utilize administrative remedies.
C.
This Part 5B constitutes an ordinance enacted for the purposes of
property maintenance, public health and safety, and for water and
air pollution violations, for the purposes of § 702, Clause
XLI, of the Second Class Township Code, as amended, 53 P.S. § 657541.
D.
In addition to all other remedies, the Township may institute suits
in equity to restrain or prevent violations of this Part 5B, or to
abate public nuisances.
E.
The Township may file Township liens for abatement of nuisances in
accordance with law.
