[Adopted 11-3-2003 by Ord. No. 565 (Ch. 144, Art. III, of the 2005 Code
of Ordinances)]
This article shall be known as the "Bath Borough Holding Tank
Ordinance."
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.
The Pennsylvania Sewage Facilities Act.[1]
The Borough Council of the Borough of Bath, 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.
The then-current Bath Borough Act 537 Sewage Facilities Plan,
as approved from time to time by 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 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.[2]
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.
A.
The SEO shall have the right to conduct inspections of holding tanks
as follows:
(1)
The SEO shall conduct, at a minimum, an annual inspection of each
holding tank within the Borough 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.
(2)
In addition to required yearly inspections, any holding tank may
be inspected by the SEO at any reasonable time.
(3)
All inspections may include a physical tour of the property, the
taking of samples from surface water, wells, other groundwater 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.
B.
The SEO shall have the right to enter upon all land for the purpose
of inspections described above.
Only normal domestic waste 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 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:
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.
A.
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 until said person
has posted security as required under this article.
B.
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 two-year period of time and also sufficient
to cover the estimated removal cost of said holding tank, both as
determined by the Borough SEO. Said letter or credit must be issued
by a bank or federally insured lending or banking institution authorized
to do business in the Commonwealth of Pennsylvania and shall be in
a form acceptable to the Borough Solicitor.
C.
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 Bath Borough, and by the financial institution providing the letter referred to in Subsection B above. Said agreement shall be a form acceptable to the Borough Solicitor.
D.
Said improvements agreement and letter of credit shall permit the
Borough 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 of said holding tank.
A.
No person shall operate and maintain a holding tank in such a manner
that the holding tank 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.
B.
The Borough shall issue a written notice of violation to any person
who is the owner of a property in the Borough which is found to be
served by a malfunctioning holding tank or which is discharging raw
or partially treated sewage without a permit.
C.
Within seven days of notification by the Borough 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, construction of the permitted
repair or replacement shall commence. Within 60 days of the issuance
of a permit by the Borough, the construction shall be completed unless
the Borough shall extend the period.
D.
Failure to apply for a permit or to complete the repair or replacement within the times specified in Subsection C shall constitute a violation.
E.
The Borough'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.
F.
In lieu of, or in combination with, the remedies described in Subsection E above, the SEO may require the installation of water conservation 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.
G.
In the event that the rehabilitation measures in Subsections A through F are not feasible or do not prove effective, the Borough 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.
H.
Should none of the remedies described above prove totally effective
in eliminating the malfunction of an existing holding tank, in the
sole option of the SEO, the property owner is not absolved of responsibility
for that malfunction. The Borough may require whatever action is necessary
to lessen or mitigate the malfunction to the extent that it feels
necessary.
I.
J.
Should the remedies provided above not prove effective in eliminating
the malfunction of an existing holding tank, the Borough shall have
the remedy of requiring the property owner to remove said system.
Should the property owner refuse to remove said system then the Borough
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 Borough.
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.
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.[1]
[1]
Editor's Note: Act of 1978, April 28, P.L. 202, No. 53,
as amended, 2 Pa.C.S.A. §§ 551 et seq and 751 et seq.
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]
