[Adopted 12-19-2005 as
Ch. 32, Part 2, of the 2005 Code]
The purpose of this article is to provide for and regulate the
use, maintenance and removal of holding tanks to prevent the residents
and inhabitants of the Borough of Wyalusing from danger and harm due
to inadequate or malfunctioning on-site septic systems; to permit
the development of lands with the use of holding tanks under carefully
controlled and regulated circumstances; to regulate the use and maintenance
of holding tanks in conformity with the law, statutes and regulations
of the Commonwealth of Pennsylvania and the Department of Environmental
Protection; and to provide a temporary alternative to discontinuing
otherwise lawful land use by the inhabitants and residents of the
Borough of Wyalusing.
As used in this article, the following terms shall have the
meanings indicated:
The Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1
et seq., as from time to time amended.
The Borough of Wyalusing, Bradford County, Pennsylvania.
The Council of the Borough.
The Pennsylvania Department of Environmental Protection,
or its successor state agency.
A suitable facility for the final disposition of human and
animal sewage and wastes, which facility shall have been and remains
approved for such purposes by the Department.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage another site. The term shall include:
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
RETENTION TANKA holding tank to which sewage is conveyed by a water-carrying system.
PRIVYA holding tank designed to receive sewage where water under pressure is not available.
A municipality, county, municipal authority or person, natural
or a legal entity, including the holding tank owner, who removes the
contents of a holding tank for the purpose of disposing of the sewage
at another site.
The natural person or persons, partnership, corporation or
legally existing organization who owns legal and equitable title to
the land for which a holding tank permit is sought or issued.
A parcel of land under single ownership irregardless of acreage.
In the event the subject lands are a portion of a larger parcel of
ground, the larger parcel of ground shall be considered as the "lot."
The duly appointed Sewage Enforcement Officer of the Borough.
The regulations of the Pennsylvania Department of Environmental
Resources, Pa. Code, Title 25, Subpart C, Chapters 71 and 73, as adapted;
and, all future regulations of the Department pertaining to holding
tanks.
Any substance that contains any of the waste products, excrement
or other discharges 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 Clean Streams Law, 35 P.S. § 691.1 et seq.
Holding tanks may be used subject to the provisions of this
article to serve as temporary sewage disposal from existing structures
within the Borough of Wyalusing, where on-lot sewage disposal facilities
are not feasible due to unsuitability of soils; for a temporary sewage
disposal from existing structures where a malfunction in the presently
installed on-site sewage treatment system cannot be suitably repaired
or replaced due to unsuitability of soils; or temporarily serve for
sewage disposal for new construction in any area of the Borough for
which a revision to the Borough's Official Sewage Facilities Plan
has been approved by the Department.
A.
Any landowner seeking to use a holding tank for sewage disposal on
any lot situated in the Borough shall, after receipt of Borough and
Department official sewage facilities plan approval, obtain a permit
from the Borough Sewage Enforcement Officer.
B.
Permit application shall be made upon a form to be supplied by the
Borough Secretary to any landowner upon such landowner's request.
C.
The landowner shall file the completed and executed application for
permit with the Borough Secretary; and, shall pay to the Secretary
such application fees as the Council may, from time to time, prescribe
by resolution.
D.
The landowner shall cooperate with the Borough's officer at all stages
of the application process.
E.
A permit shall be issued to the landowner upon proper application
after the Council has amended its Official Sewage Facilities Plan
and after approval by the Department.
F.
Prior to grant of permit, the landowner shall obtain and file with
the Borough Secretary a certified copy of each of the following documents:
(1)
A completed application.
(2)
A written contract between the landowner and a qualified and responsible
holding tank cleaner for the term of the holding tank permit, which
contract shall provide for the timely and regular removal of the contents
of the holding tank by the holding tank cleaner; and for the removal
of the said contents to an approved disposal site for final disposition.
(3)
A certified copy of a written contract between the holding tank cleaner
and the disposal site providing the holding tank cleaner with the
right to dispose of the holding tank contents.
(4)
Fees as established by resolution of the Council.
(5)
An agreement to reimburse and indemnify the Borough for any liability,
costs and expenses which shall or may be incurred by the Borough in
actions to enforce compliance by the landowner or to remove the contents
of the holding tank or the holding tank upon default or failure of
the landowner to perform or for any fines incurred by the Borough
by reason of the landowner's failure to comply with this article,
any properly enacted amendment hereto or the laws and regulations
of the Commonwealth of Pennsylvania. The agreement shall be in the
form required by the Council.
A.
In the event a holding tank permit has been issued for new construction
pending the installation of an off-site sewage disposal system, the
landowner shall remove or cause the removal of the holding tank within
20 days after the use of the off-site sewage disposal system is made
available to the landowner; and shall connect with the off-site disposal
system in the same time.
B.
The Borough, at its election, shall have the right to enter upon
the premises of a landowner for the purpose of removing or causing
the removal of any holding tank which remains in place in violation
of this article. "Borough," as used herein, shall mean the Borough,
its employees or third parties contracted by the Borough for the purpose
of removing the holding tank. All costs and expenses of removal shall
be borne by the landowner.
A.
Any holding tank installed or maintained pursuant to a permit issued
under this article shall comply, in all respects, to the specification
set forth in Regulations of the Department, 25 Pa. Code Chapter 73,
inclusive.
B.
The landowner shall cause the holding tank and all lines, pipes or
conduits to the same to be maintained in a good watertight condition
at all times.
C.
All holding tanks shall be installed on a firm and stable soil or
subsoil; and in such manner as to prevent settlement or movement.
D.
No holding tank or lines to the holding tank shall be covered until
the Borough's officer shall have first inspected and approved the
installation and authorized covering the same. The landowner shall
be responsible for furnishing the officer reasonable notice of the
installation.
E.
The landowner shall cause a holding tank to be cleaned as frequently
as may be required to maintain the contents at a level less than 75%
of the tank capacity.
F.
Holding tanks shall be installed at least 50 feet downgrade from
any source of water supply.
G.
Holding tanks shall be operated so as to not create a nuisance or
public health hazard. The Borough shall distribute to the owners of
all existing and new individual or community on-lot subsurface sewage
disposal systems a copy of an abstract of pertinent information discussing
care and maintenance of septic tanks and subsurface disposal areas.
Owners shall be encouraged to minimize water use and to install water
saving devices in order to increase the efficiency and prolong the
life of the systems. Only normal domestic waste shall be discharged
into the sewage system. The following wastes shall not be discharged
into the system:
H.
Aerobic treatment tanks used in lieu of septic tanks shall be operated
in accordance with manufacturers' recommendations.
A.
Any landowner who applies for and receives a permit for holding tanks
shall be deemed to have granted his consent for inspection of the
holding tank and facilities used in connection with the holding tank
by the Sewage Enforcement Officer of the Borough. At reasonable times
during the hours of 8:00 a.m. until 8:00 p.m., the landowner will
grant the Sewage Enforcement Officer access to the premises for the
purpose of making such inspections upon request of the Sewage Enforcement
Officer verbally or in writing.
B.
Any landowner receiving a holding tank permit shall furnish to the
Borough a true and correct copy of all pumping receipts for cleaning
or removing the contents of the holding tank. Such reports shall be
made to the Borough's Secretary within 10 days after the contents
of the holding tank are pumped out.
C.
The failure of a landowner to permit inspection of holding tanks
or equipment of facilities used in connection with the holding tanks;
or, the failure of the landowner to have the holding tanks properly
maintained and pumped out; or, the failure of the landowner to furnish
pumping receipts to the Borough in a timely fashion shall be grounds
for immediate revocation of permit.
D.
Any on-lot waste disposal system or component thereof which is found
to be malfunctioning will be repaired, modified or replaced pursuant
to the order of the Borough or its authorized agent to correct the
condition which caused the malfunction. Rehabilitation shall be performed
in accordance with Chapter 73, "Standards for Onlot Sewage Treatment
Facilities," Title 25, Rules and Regulations, Department of Environmental
Resources, or according to the provisions of a permit issued by the
Pennsylvania Department of Environmental Protection pursuant to the
Clean Streams Law (P.L. 1987, as amended, 35 P.S. § 691.1
et seq.). The Borough shall have the authority to order the repair
of any existing on-lot waste disposal system including, but not limited
to, the installation of a new individual subsurface on-lot sewage
disposal system or holding tank, connection to a community on-lot
sewage disposal system, addition of dosing tanks and distribution
boxes to the system, or the replacement of any component of the system.
Repairs to cesspool systems shall include the installation of an appropriately
sized septic tank where feasible. Rehabilitation of on-lot waste disposal
systems ordered by the Borough shall commence construction within
30 days of issuance of said order unless the required permit cannot
be obtained within that time period. Construction shall be completed
within 30 days after commencing unless seasonal conditions mandate
a longer period, in which case the Borough shall set the extended
completion date.
A.
The Borough shall have the authority to contract with any private person, partnership or corporation or any public agency to undertake any act necessary to fulfill the requirements of this article. The owner of any building for which said work is performed shall be billed an amount equal to the actual cost of the work plus any penalty as described in § 390-11 of this article.
B.
Any landowner aggrieved by denial of permit application shall first
appeal to the Council.
C.
The procedure for appeal shall in all respects conform to the procedure
for appeal from denial of a sewage permit by the officer of the Borough,
as provided by law.
[Amended 8-7-2017; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person failing to comply with the provisions of this article
shall be subject to the summary offense penalties of 35 P.S. § 750.13
and, in addition thereto, may be subject to the civil penalties of
35 P.S. § 750.13a. Each day of noncompliance shall constitute
a separate offense.
