[Ord. 891-3, 1/11/1989]
This Part shall be known and may be cited as the "Red Lion Borough
Holding Tank Ordinance."
[Ord. 891-3, 1/11/1989; as amended by Ord. 2003-03-05, 3/10/2003]
For the purpose of this Part, the following words shall have
the meanings ascribed to them in this section:
The Borough of Red Lion, York County, Pennsylvania.
A watertight receptacle that receives and retains sewage
at one site and is designed and constructed to facilitate ultimate
disposal of the sewage at another site. Holding tanks include, but
are not limited to, the following:
Chemical toilet, which is a toilet using chemicals that discharge
to a holding tank.
Retention tank, which is a holding tank where sewage is conveyed
to it by a water carrying system.
Vault pit privy, which is a holding tank designed to receive
sewage where water under pressure is not available.
Sanitary sewage that is certified by the generator and waste
hauler licensed by Springettsbury Township, to originate from normal
household functions, and that is stored in such a manner so as not
to concentrate said waste to a level of nonfilterable residue exceeding
999 mg/l, the measurement of such total suspended solids being performed
by Township staff, and shall include sanitary sewage removed from
holding tanks such as, but not limited to chemical toilet wastes,
retention tank wastes and vault privy wastes.
Any person vested with ownership, legal or equitable, sole
or partial, of any real or personal property.
Any individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
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 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.
[Ord. 891-3, 1/11/1989]
The purpose of this Part is to establish procedures for the
use and maintenance of all holding tanks in the Borough; and 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 the Borough.
[Ord. 891-3, 1/11/1989]
No person shall install a holding tank in the Borough or allow
a holding tank to be installed on real property owned by him in the
Borough, unless a permit for the installation of such holding tank
has been issued pursuant to this Part.
[Ord. 891-3, 1/11/1989; as amended by Ord. 9711-6, 11/12/1997,
§ 163-54]
1.
Every application for the issuance of a permit pursuant to this Part
shall be made, in writing, to the Borough Sewage Enforcement Officer
and shall contain such information as he deems necessary to determine
whether the permit may be issued. Such information shall include,
but not be limited to, the identity of the person who shall be responsible
for removing the sewage from the holding tank and the location and
owner of the ultimate disposal site for such sewage.
2.
The Borough Sewage Enforcement Officer may issue a permit only if
it is for:
A.
The temporary installation of one or more holding tanks for use at
one or more construction sites or places of public gathering or entertainment,
and no such site or place will be served by any holding tank for more
than nine months during any twelve-month period.
B.
The permanent installation of one holding tank for the use in connection
with an existing dwelling or place of business that the Borough Sewage
Enforcement Officer determines cannot be served by an on-site sewage
disposal system that conforms with all state laws and rules and regulations
issued pursuant thereto.
3.
Application for the temporary installation of one or more holding
tanks shall be made by the owner of such tank or tanks. Any permit
issued as a result of such application shall be effective for one
year from the date of its issuance. The applicant for such permit
shall pay to the Borough at the time such application is made a fee
as set from time to time by resolution of the Borough Council, which
shall be nonrefundable.
4.
Application for the permanent installation of one holding tank shall
be made by the owner of the real property upon which such holding
tank is to be installed. At the time such application is made, the
applicant shall pay to the Borough a fee as set from time to time
by resolution of the Borough Council, which shall be nonrefundable.
5.
The Borough Sewage Enforcement Officer shall not approve any application
for any permit if:
A.
The person designated on the application as being responsible for
the removal of the sewage from the holding tank is not approved by
the Pennsylvania Department of Environmental Protection to perform
that type of service.
B.
The person designated on the application as being the owner of the
ultimate disposal site for the sewage from the holding tank is not
approved by the Pennsylvania Department of Environmental Protection
to dispose of such sewage at such site.
C.
Issuance of the permit does not in all respects comply with all state
laws and rules and regulations issued pursuant thereto.
[Ord. 891-3, 1/11/1989; as amended by Ord. 9210-8, 10/14/1992]
1.
The holder of a permit issued pursuant to this Part shall:
A.
Install only such holding tank or tanks as are approved by the Pennsylvania
Department of Environmental Protection.
B.
Maintain the holding tank in conformance with this Part and all state
laws and rules and regulations issued pursuant thereto.
C.
Notify the person designated in the permit application as the person
responsible for the removal of sewage from the holding tank to remove
such sewage as soon as the tank is filled to more than 75% of capacity.
D.
Allow only the person designated in the permit application as the
person responsible for the removal of sewage from the holding tank
to remove sewage from the holding tank.
E.
File with the Borough within five days of the date of pumping receipts
or other documentary evidence of the pumping of the holding tank and
the disposal of the sewage remove from the holding tank.
F.
Allow the Borough Sewage Enforcement Officer to inspect the holding
tank from time to time to determine whether the holder of the permit
has installed and is maintaining the holding tank in compliance with
this Part and state laws and rules and regulations issued pursuant
thereto.
G.
Remove the holding tank from the real property on which it has been
installed within 10 days after written notice of revocation of the
permit for such tank had been posted on such real property.
[Ord. 891-3, 1/11/1989]
1.
The Sewage Enforcement Officer of the Borough is charged with the
following:
A.
Receipt, review and retention of the pumping receipts or other evidence
documenting the pumping of all permitted holding tanks.
B.
Making not less than an annual inspection of all permitted holding
tanks within the Borough and the completion and retention of a written
report for each such inspection.
[Ord. 891-3, 1/11/1989]
If the Borough Sewage Enforcement Officer determines that a
person issued a permit pursuant to this Part has not installed or
is not maintaining the holding tank for which such permit was issued
in a manner that is in conformance with this Part and all state laws
and rules and regulations issued pursuant thereto, then the Borough
Sewage Enforcement Officer shall cause the sewage from such holding
tank to be properly disposed of, shall revoke the permit for such
holding tank and shall post written notice of such permit revocation
on the real property where such tank is located.
[Ord. 891-3, 1/11/1989]
In addition to any other remedies provided in this Part, any
violation of any kind of the provisions of this Part shall constitute
a nuisance and may be abated by the Borough by seeking appropriate
equitable or legal relief from a court of competent jurisdiction.
[Ord. 891-3, 1/11/1989; as amended by Ord. 9711-6, 11/12/1997,
§ 163-59; and by Ord. 2009-09-02, 9/14/2009]
Any person violating any of the provisions of this Part, upon
conviction thereof, shall be sentenced to 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 30 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.
