[Ord. 4-1994, 4/11/1994]
The purpose of this Part 5 is to provide for and regulate the
use, maintenance and removal of existing and new holding tanks; to
protect the residents and inhabitants of the Borough of Hughesville
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 existing and new holding tanks in conformity
with the law, statutes and regulations of the Commonwealth of Pennsylvania
and the Department of Environmental Resources; and to provide a temporary
alternative to discontinuing otherwise lawful land use by the inhabitants
and residents of Hughesville Borough.
[Ord. 4-1994, 4/11/1994, § I]
The Pennsylvania Sewage Facilities Act, 35 P.S. §§ 750.1—750.20,
as from time to time amended.
The Council of Hughesville Borough.
The Borough of Hughesville, Lycoming County, Pennsylvania.
The Pennsylvania Department of Environmental Resources 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 raw sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. The term shall include a retention tank,
a holding tank to which sewage is conveyed by a water-carrying system.
A municipality, county, municipal authority or person, natural
or 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, regardless 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 adopted,
and all future regulations of the Department pertaining to holding
tanks.
Any substance that contains any of the waste products, excrement
or other discharge 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.
[Ord. 4-1994, 4/11/1994, § II]
Holding tanks may be used subject to the provisions of this
part 5 to serve as temporary sewage disposal from existing structures
within the Borough of Hughesville 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 until
said new construction can be hooked up to the Hughesville Borough—Wolf
Township sewage treatment system.
[Ord. 4-1994, 4/11/1994, § III]
1.
Any landowner seeking to use a holding tank for sewage disposal on
any lot situated in the Borough shall, after receipt of municipal
and Department official sewage facilities plan approval, obtain a
permit from the Borough sewage enforcement officer.
2.
Permit application shall be made upon a form to be supplied by the
sewage enforcement officer to any landowner upon such landowner's
request.
3.
The landowner shall file the complete and executed application for
a permit with the sewage enforcement officer and shall pay to the
said officer such application fees as the Borough may from time to
time prescribe by resolution.
4.
The landowner shall cooperate with the sewage enforcement officer
at all stages of the application process.
5.
A permit shall be issued to the landowner upon proper application
after approval of the Board and after approval by the Department.
6.
Prior to grant of permit, the landowner shall obtain and file with
the Borough Secretary a certified copy of each of the following documents:
A.
A completed application.
B.
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 providing the holding
tank cleaner with the right to dispose of the holding tank contents.
C.
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.
D.
Fees as established by resolution of the Borough.
E.
An agreement to reimburse and indemnify the Borough for any liability,
costs or 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 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 Part 5, and properly enacted amendments
hereto, or the laws and regulations of the Commonwealth of Pennsylvania.
The agreement shall be in the form required by the Board.
[Ord. 4-1994, 4/11/1994, § IV]
1.
In the event that 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
30 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 at the same time.
2.
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 Part 5. "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.
[Ord. 4-1994, 4/11/1994, § V]
1.
Any holding tank installed or maintained pursuant to a permit issued under this Part 5 shall comply, in all respects, with the specifications set forth in Regulations of the Department, 25 Pa. Code, Chapter 73, inclusive.
2.
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.
3.
All holding tanks shall be installed on a firm and stable soil or
subsoil and in such manner as to prevent settlement or movement.
4.
No holding tanks 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 with reasonable notice of
the installation.
5.
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 tank capacity.
6.
Holding tanks shall be installed at least 50 feet downgrade from
any source of water supply.
[Ord. 4-1994, 4/11/1994, § VI]
1.
Any landowner who applies for and receives a permit for holding tanks
shall be deemed to have granted his consent for inspections 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. to 8:00 p.m., the landowner would 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.
2.
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 holding tanks. Such reports shall be made
to the Borough Secretary within 10 days after the contents of the
holding tank are pumped out. The Borough shall receive, review and
retain said pumping receipts in its files.
3.
The sewage enforcement officer of the Borough shall inspect each
holding tank at least once a year and shall complete an annual inspection
report, which shall be retained by the Borough. The cost of the inspection
shall be established on an annual basis by Borough Council and shall
be paid by the landowner receiving a holding tank permit. The landowner
shall be responsible for scheduling the inspection with the sewer
enforcement officer.
4.
The failure of a landowner to permit inspection of holding tanks
or equipment or facilities used in connection with the holding tanks
or the failure of the landowner to have the holding tank 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.
5.
The collection and transportation of all sewage from any improved
property utilizing a holding tank shall be done solely pursuant to
the rules and regulations established by Hughesville Borough, and
the disposal thereof shall be made solely at such site or sites as
may be approved by the Department of Environmental Resources of the
Commonwealth of Pennsylvania.
[Ord. 4-1994, 4/11/1994, § VII]
The procedure for appeal shall in all respects conform to the
procedure for appeal from denial of sewage permit by the sewage enforcement
officer of the Borough as provided by law and the agreement between
the Borough and the Lycoming Sanitary Committee.
[Ord. 4-1994, 4/11/1994, § VII]
1.
Any person, form or corporation violating any of the provisions of
this Part 5 shall, upon being found guilty thereof, be sentenced to
pay a fine of $100.
2.
Where the violation continues from day to day, and the landowner
fails to correct or cease such violation, each day's continuance
shall constitute a separate violation.
3.
In addition to any other remedies provided in this Part 5, any violation
thereof shall constitute a nuisance and shall be abated by the Borough
by either seeking mitigation of the nuisance or appropriate equitable
or legal relief from a court of competent jurisdiction.
