This article shall be known as the "Bath Borough Holding Tank
Ordinance."
This chapter is authorized by the Pennsylvania Clean Streams
Act, the Pennsylvania Sewage Facilities Act, and by the applicable regulations of the Department of
Environmental Protection dealing with sewage facility systems.
The purpose of this article 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 Borough of
Bath to properly remove such tanks should the owner thereof default
in his/her/its responsibilities and to establish penalties for violations
of said article.
When used in this article, the following words shall have the
meanings ascribed to them herein.
ACT 537
The Pennsylvania Sewage Facilities Act.
COUNCIL
The Borough Council of the Borough of Bath, Northampton County,
Pennsylvania.
DEP
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
HOLDING TANK
A retaining tank, either permanent or temporary, to which
sewage is conveyed by a water-carrying system.
PERSON
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.
RETAINING TANK
A water tank receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site.
SEWAGE
A substance consisting of domestic liquid and semisolid waste
products, and/or excrement or other discharge from the bodies of human
beings or animals which is deemed to be noxious or deleterious substances
and harmful or inimical to the public health, to animal or aquatic
life, and to the use of water for domestic water supply or for recreation,
which constitutes pollution under the Pennsylvania Clean Streams Law.
SEWAGE ENFORCEMENT OFFICER (SEO)
An official of Bath Borough 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.
The provisions of this article shall apply to all persons owning
any property within Bath Borough serviced by a holding tank and to
all persons within Bath Borough installing, repairing, altering or
removing a holding tank.
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
unless permission has been specifically refused by the SEO.
C. Counsel may require applicants for holding tank permits to notify
the Borough's SEO of the schedule for construction of the holding
tank so the 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 Bath Borough or its designated Zoning Officer for a building which
will contain a holding tank until a valid permit under this chapter
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 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.
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 with the Borough and provided the security
required under this article.
G. A permit for a holding tank may be issued only when the SEO has certified
that an existing system had 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 is anticipated to 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.
Only normal domestic waste shall be discharged into any holding
tank. The following shall not be discharged into a holding tank system:
B. Automobile oil and/or other nondomestic 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. Hydrocarbons of any type or in any amount.
E. Surface or groundwater, including water from roof and/or cellar drains,
springs, basement sump pumps and/or trench drains.
The reasons for usage of holding tanks consist of the following:
A. Limit to repair an existing facility or if a health hazard exists.
B. As an interim facility prior to public sewer.
C. To prohibit holding tanks for new residential construction.
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 qualified pumper/hauler at least once every
year. The person must submit documentation to the Borough SEO illustrating
that the holding tank has been pumped according to this requirement.
B. The 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 statement, from the
pumper/hauler or from any other qualified individual acceptable to
the Borough that the tank has been found to be in good working order.
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 Borough shall have the ability to have the tank
pumped by a licensed pumper/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 refused to pay said bill, the Borough may draw
upon the security provided under this article to pay for said pumping.
The Borough Council shall establish by resolution a schedule
of fees. Costs for the completion of required water quality testing
and Borough SEO inspections shall be assessed to the property owner.
It shall be each individual property owner's responsibility to
contract with a qualified pumper/hauler for the pumping of the owner's
septic tank.
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 article, such failure shall constitute a public nuisance and
a violation of this article. The Borough 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
filing of a Borough lien according to law. Such costs plus penalty
may also be drawn from the irrevocable letter of credit provided for
in the security agreement.
The contents of holding tanks shall be disposed of as follows:
A. The contents of all holding tanks originating within the Borough
shall be disposed of at sites or facilities approved and permitted
by the DEP. Approved sites or facilities shall include the following:
sewage treatment facilities, wastewater treatment plants, composting
sites, and approved farms lands.
B. Pumper/haulers operating within the Borough shall operate in a manner
consistent with the provisions of the Municipal Waste Planning, Recycling
and Waste Reduction Act.
The Borough shall fully utilize those powers it possesses through
enabling statues and ordinances to effect the purposes of this article.
Any person aggrieved by any notice, action or determination
may appeal to Council within 30 days in writing pursuant to the Local
Agency Law.
Any person who shall violate any of the provisions of this article,
or who shall fail to act upon notice or determination of the SEO or
other authorized agent of the Borough within the time stated in the
notice or determination, shall upon conviction thereof before a Magisterial
District Judge be guilty of a summary offense and shall be sentenced
to a fine of not more than $1,000, and costs, or in default thereof,
shall be confined in the county jail for a period of not more than
30 days. 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 §
520-32 and the Local Agency Law shall constitute an admission of the violation and a failure to utilize administrative remedies.
C. The Borough may file Borough liens for abatement of nuisances in
accordance with law.
D. In addition,
court costs and reasonable attorney fees incurred by the Borough in
enforcement proceedings shall be assessed against violator and awarded
to the Borough.
[Added 11-5-2018 by Ord.
No. 2018-678]