[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.
ACT
BOARD OF SUPERVISORS
DEPARTMENT
HOLDING TANK
IMPROVED PROPERTY
OWNER
PERSON
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
TOWNSHIP
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.
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.
The Board of Supervisors of North Lebanon Township, Lebanon
County, Pennsylvania.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any agency successor thereto.
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.
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.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any individual, partnership, company, association, corporation,
trust or other group or entity and the officers of such corporation
and the members of such partnership.
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.
The Sewage Enforcement Officer of the 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:
[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.
