[HISTORY: Adopted by the Board of Supervisors of Newlin Township
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-13-2017 by Ord. No. 2017-04]
A.
This article shall be known and may be cited as the "Newlin Township
Sewage Management Ordinance."
B.
As mandated by the Pennsylvania Clean Streams Law (35 P.S. § 691.1)
and the Pennsylvania Sewage Facilities Act (Act of January 24, 1966,
P.L. 1535, as amended, 35 P.S. § 750.1 et seq., known as
"Act 537"), municipalities have the power and the duty to provide
for adequate sewage treatment facilities and for the protection of
the public health by preventing the discharge of untreated or inadequately
treated sewage. Newlin Township has made a commitment to formulate
and implement a sewage management program for all lots within the
Township utilizing on-lot sewage disposal systems.
C.
The purpose of this article is to provide for the maintenance, inspection
and repair of on-lot sewage disposal systems and to establish responsibilities
for the proper administration of a sewage management program.
As used in this article, the following terms shall have the
meanings indicated below, unless the context indicates otherwise.
For the purposes of this article, any term which is not defined herein
shall have that meaning attributed to it under the Sewage Facilities
Act and regulations promulgated thereto.
A component of an individual or community sewage system where
liquid from a septic tank seeps into the soil; it consists of an aggregate
filled area containing piping for the distribution of liquid and the
soil or sand/soil combination located beneath the aggregate.
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S.
§ 750.1 et seq., known as the "Pennsylvania Sewage Facilities
Act."
A person with demonstrated knowledge and experience regarding
on-lot sewage disposal system design, operation, and maintenance who
is authorized to function within specified limits as an agent of the
Township to administer and enforce the provisions of this article.
The Board of Supervisors of Newlin Township, Chester County,
Pennsylvania.
An individual qualified to perform septic system inspections
as evidenced by a Sewage Enforcement Officer license issued by the
Commonwealth of Pennsylvania or successful completion of inspection
training through the Pennsylvania Septage Management Association (PSMA).
A sewage system which serves two or more lots, or two or
more equivalent dwelling units, and uses a system of piping, tanks
or other facilities for collecting, treating, and disposing of sewage
into a soil absorption area, retaining tank, or cesspool.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site. A holding tank shall not include a
privy, chemical toilet or other facility designed to receive sewage
where there is no water under pressure.
A sewage system which serves a single lot and a single equivalent
dwelling unit, and uses a system of piping, tanks, or other facilities
for collecting, treating, and disposing of sewage into a soil absorption
area, spray field, retaining tank, or cesspool.
An individual sewage system which serves a single dwelling
and which treats and disposes of sewage through use of a system of
piping, treatment tanks, and soil renovation through spray irrigation.
Any person engaged in the business of pumping and transporting
liquid waste within Chester County. Each vehicle used for such purpose
shall be licensed by the Chester County Health Department.
Septage pumped from septic tanks, cesspools, holding tanks,
privies or chemical toilets which does not include any toxic, industrial
or hazardous wastes.
A part of a subdivision or a parcel of land used as a building
site or intended to be used for building purposes, whether immediate
or future, which would not be further subdivided. Whenever a lot is
used for a multiple-family dwelling or for commercial or industrial
purposes, sewage flow shall be estimated based on an equivalent number
of single-family residential lots.
A condition which occurs when a sewage disposal system discharges
untreated sewage onto the surface of the ground, into groundwaters
of the commonwealth, into surface waters of the commonwealth, backs
up into a building connected to the system or in any manner causes
a nuisance or hazard to the public health or pollution of groundwater
or surface water or contamination of public or private drinking water
wells. Systems shall be considered to be malfunctioning if any condition
noted above occurs for any length of time during any period of the
year.
A person certified by the manufacturer of a specific individual
on-lot sewage system or community on-lot sewage system to install
and inspect components of the system.
A comprehensive plan for the provisions of adequate sewage
disposal systems, adopted by the Board and approved by the Pennsylvania
Department of Environmental Protection, pursuant to the Pennsylvania
Sewage Facilities Act.
Any system for disposal of sanitary sewage involving pretreatment
and subsequent disposal of the clarified sewage into the soil through
either a cesspool, an absorption area, or a sprayfield (individual
residential spray irrigation systems) for final treatment and disposal,
including both individual on-lot sanitary sewage systems and community
on-lot sanitary sewage systems.
Any individual, company, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau or agency of the commonwealth, political subdivision,
municipality, district, authority or any other legal entity whatsoever
which is recognized by law as having rights and duties. Whenever used
in any clause prescribing and imposing a penalty or imposing a fine,
the term "person" shall include the members of an association, partnership
or firm and the officers of any local agency or municipal, public
or private corporation for profit or not for profit.
A watertight receptacle that receives and retains sewage
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site. This term is synonymous with the term
"holding tank."
The residual scum, sludge, and other materials pumped from,
but not limited to, initial treatment units, other treatment tanks,
retaining tanks, pump tanks, and the systems they serve.
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 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 Act of June 22, 1937 (P.L. 1987, No. 394), known
as "The Clean Streams Law," as amended.
A person certified by the Department of Environmental Protection
who is employed by the Chester County Health Department. Such person
is authorized to conduct investigations and inspections, review permit
applications, and do all other activities as may be provided for such
person in the Sewage Facilities Act, the rules and regulations promulgated
thereunder and this or any other ordinance adopted by the Township
or Chester County Health Department.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article, the Sewage Facilities
Act, the Clean Streams Law, the regulations promulgated thereunder
and such other requirements adopted by the Board to effectively enforce
and administer this article.
A sewer facility that serves single-family residences, duplexes
and small commercial establishments with domestic type sewage not
exceeding 2,000 gallons per day. These facilities ultimately discharge
treated wastewater directly to surface waters.
A tank that provides for aerobic or anaerobic decomposition
of sewage to take place prior to discharge to an absorption area.
This term shall also include all types of cesspools.
The requirements of this article shall be effective throughout
the municipal limits of Newlin Township and shall apply to all portions
of the Township served by on-lot sewage disposal systems. Within such
an area or areas, the provisions of this article shall apply to all
persons owning any property serviced by an on-lot sewage disposal
system and to all persons installing or rehabilitating on-lot sewage
disposal systems.
A.
No building permit shall be issued for a new building which will
utilize an on-lot sewage disposal system until Act 537 planning approval
has been issued by the Department and the appropriate on-lot sewage
disposal system permit has been issued by the Chester County Health
Department. Proof of on-lot sewage disposal system permit issuance
shall be presented to the Township in the form of a properly executed
permit signed by the Chester County Health Department.
B.
No occupancy permit shall be issued for a new building which will
utilize an on-lot sewage disposal system until the sewage disposal
system has been installed and the completed installation is approved
by the Chester County Health Department. Proof of on-lot sewage disposal
system final installation approval shall be presented to the Township
in the form of a properly executed permit signed by the Chester County
Health Department.
C.
No building or occupancy permit shall be issued and no work shall
begin on any alteration or conversion of any existing structure if
said alteration or conversion will result in the increase or potential
increase in sewage flows from the structure, until either the structure's
owner receives a permit from the Chester County Health Department
for alteration or replacement of the existing sewage disposal system
or until the structure's owner and the appropriate officials
of the Township receive written notification from the Chester County
Health Department that such a permit will not be required. The Chester
County Health Department shall determine whether the proposed alteration
or conversion of the structure will result in increased sewage flows.
D.
Sewage permits may be issued only by a Sewage Enforcement Officer
employed by the Chester County Health Department.
A.
Consistent with Ord. No. 2014-02, adopted by the Board on November
10, 2014,[1] each person owning a building served by an OLDS or SFSTF
shall have their system pumped by a licensed sewage hauler on or before
September 1, 2017, and on or before September 1 of each third year
thereafter. If any person can prove that their tank had been pumped
within two years of September 1, 2017, then that person's initial
required pumping may be delayed to conform to the general three-year
frequency requirement.
[1]
Editor's Note: Ord. No. 2014-02 was replaced by this article.
B.
Removal of septage or other solids from treatment tanks shall be
performed at least once every three years or whenever an inspection
program reveals that the treatment tank is filled with solids or with
scum in excess of 1/3 of the liquid depth of the tank.
C.
The required pumping frequency may be increased at the discretion
of either the Board, the Chester County Health Department, or DEP
if the septic tank is undersized, if solids buildup in the tank is
above average, if the hydraulic load on the system increases significantly
above average, if a garbage grinder is used in the building, if the
system malfunctions, or for other good cause shown.
D.
Any person owning a building served by an OLDS or SFSTF shall:
(1)
Have the system on their property inspected during the pumping activities
in accordance with the septic system inspection checklist as prepared
by the Pennsylvania Septage Management Association, a copy of which
is attached hereto as an appendix and incorporated herein.[2]
[2]
Editor's Note: Said checklist is on file with the Township.
(2)
Provide the Township with a receipt documenting the date that the
system was inspected and a copy of the inspection checklist. Such
receipt and checklist must be submitted to the Township within 30
days of the inspection.
(3)
Discharge only normal domestic wastes into the on-lot sewage disposal
system. The following shall not be discharged into the system:
(a)
Industrial waste.
(b)
Automobile oil and other nondomestic oil.
(c)
Toxic or hazardous substances or chemicals, including, but not
limited to, pesticides, disinfectants (excluding household cleaners),
acids, paints, paint thinners, herbicides, gasoline and other solvents.
(d)
Clean surface water or groundwater, including water from roof
or cellar drains, springs, basement sump pumps and french drains.
(e)
Wastewater resulting from hair treatment at a multichaired beauty
shop.
(4)
Provide an adequate supply of electrical power with the proper phase,
frequency, voltage as recommended by the equipment manufacturer of
the various components of the system.
(5)
Not plant trees or shrubs in the absorption area or otherwise excavate
or damage the absorption area.
(6)
Protect the absorption area from vehicle traffic, and protect the
absorption area and system components from stormwater runoff from
gutters and downspouts, driveways, swales and sump pump discharges.
(7)
Not build any structures, including swimming pools and sprinkler
systems, on or within 10 feet of the absorption area or any components
of the system.
(8)
Use water conservation devices (such as low flow toilets, showerheads,
dishwashers, and front-loading clothes washers) and promptly repair
any leaking plumbing fixtures.
(9)
Minimize garbage disposal use and limit garbage disposal use to ordinary
kitchen waste.
E.
Any person owning a building served by an OLDS or SFSTF that contains
pretreatment components or technologies deemed by the Department or
the Township to require more detailed operation and maintenance requirements
than provided for in this article, including, but not limited to,
peat filters, sand filters, UV or chlorine disinfection and nitrate
reduction systems shall:
(1)
Follow the operation and maintenance recommendations of the equipment
manufacturer. In no case may the service or pumping intervals for
pretreatment treatment tanks exceed those required for septic tanks.
A copy of the manufacturer's recommendations and a copy of the
service agreement shall be submitted to the Township within six months
of the effective date of this article.
(2)
Provide to the Township a receipt documenting the service activities
at the intervals specified by the manufacturer's recommendations.
Such receipt must be submitted to the Township within 30 days of the
cleaning or inspection.
(3)
Maintain a contract with a septic system service provider and/or
a manufacturer's qualified inspector to meet system-specific
operation, maintenance and monitoring requirements as designated by
the Department systems guidance and/or regulations.
F.
Any person owning a building served by an OLDS or SFSTF that is found
to be in unsatisfactory condition by the Sewage Enforcement Officer
shall:
(1)
Have the OLDS or SFSTF repaired within 60 days from the date the
unsatisfactory condition was identified, weather permitting.
(2)
Provide the Township with a receipt documenting the date on which
the system was repaired along with a copy of the Chester County Health
Department permit authorizing the repair. Such receipt and permit
must be submitted to the Township within 30 days of the completion
of the repair.
G.
Any person owning a building served by a SFSTF shall:
(1)
Follow all requirements stated in the permit issued by the Department,
including maintenance of all pretreatment equipment and water quality
sampling and monitoring.
(2)
Remain in compliance with the permit issued by the Department, including
all requirements through the National Pollutant Discharge Elimination
System (NPDES) regulations.
(3)
Annually submit a copy of the annual maintenance report (AMR) prepared
by a service provider and/or manufacturer's qualified inspector
and documentation of any repairs performed to the Township.
H.
Any person owning a building served by a community on-lot sewage
system or an OLDS which utilizes any components or technologies deemed
by the Department or the Township to require more detailed operation
and maintenance requirements than provided for in this article, including,
but not limited to, individual residential spray irrigation systems
(IRSIS), alternate systems, or experimental systems, shall be further
subject to the maintenance responsibilities recommended by the Department
for said system. These responsibilities shall be memorialized in individual
sewage facilities operation and maintenance agreements for each such
use, to which both the Township and the property owner shall be party.
Such agreement shall contain system-specific requirements for the
proposed system type and will define responsibilities for proper protection
and maintenance of the system. The operation and maintenance agreement
shall provide for the deposit of a nonrefundable fee to the Township
for administration and future compliance monitoring and shall further
require the owner to post financial security in an amount established
by the Board to guarantee the proper operation and maintenance of
the proposed facility in accordance with the Pennsylvania Sewage Facilities
Act and the terms of this article.
I.
Prior to the Township entering the operation and maintenance agreement,
the owner shall complete the following tasks.
(1)
Owner shall furnish verification, in writing, from the Chester County
Department of Health or the Department indicating that the system
complies with applicable design standards.
(2)
Three copies of the design and site plan for the proposed sewage
disposal system, including details associated with required maintenance
of the system, shall be provided to the Township. Owner shall furnish
permit information to the Township for a small flow sewage treatment
facility upon receipt from the Department.
(3)
The administrative fee in an amount established by resolution of
the Board and as amended from time to time shall be deposited with
the Township for review of the submitted design and site plan and
for preparation of the operation and maintenance agreement.
(4)
Financial security, as required by the operation and maintenance
agreement, shall be held by the Township in a separate escrow account
for as long as the system remains in use and until the property is
connected to a public sewer system. If the Township is required to
exercise its rights under the operation and maintenance agreement
and perform any maintenance or repairs of the system, it shall be
permitted to withdraw the necessary funds from the escrow account
to pay all costs incurred by the Township.
J.
Property owners who are required to enter operation and maintenance
agreements pursuant to this article shall provide potential buyers
of their property with a copy of the agreement, the Township maintenance
requirements and the maintenance and repair record for the system.
Authorized agents of the Township are authorized to inspect
the pumping, maintenance, service, or repair of an OLDS or SFSTF upon
presentation of proper credentials and reasonable notice to the property
owner.
The Board, or any authorized agent of the Township, is hereby
authorized to give notice, by personal service or by United States
mail, to the person who owns a property on which an on-lot sewage
disposal system or small flow sewage treatment facility is located,
requiring such owner to pump, inspect or repair the system and provide
the Township with a receipt and other specified information documenting
the date on which the system was pumped, inspected or repaired.
A.
The Township may retain qualified individuals or firms to assist
the Township in administering and enforcing the terms of this article.
Those individuals shall include an authorized agent and may include
an administrator and such other persons as may be necessary to carry
out the provisions of this article.
B.
The Board may establish a fee schedule by resolution and authorize
the collection of fees to cover the costs to the Township of administering
this article.
Appeals from final decisions of the Township or any of its authorized
agents under this article shall be made to the Board, in writing,
within 30 days from the date of written notification of the decision
in question. Appeals shall be heard and determined by the Board in
accordance with the provisions of the Local Agency Law.[1] The Board may impose the reasonable costs of the appeal
upon appellant.
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq. and
751 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
In addition to any other remedies provided in this article,
any violation of this article shall constitute a nuisance and shall
be subject to abatement by the Board by appropriate equitable or legal
relief from a court of competent jurisdiction.
[Adopted 1-15-2018 by Ord. No. 2018-01]
The purpose of this article is to establish procedures for the
use and maintenance of retaining tanks designed to receive and retain
sewage whether from residential or commercial property uses, when
the property owner adequately demonstrates that no other viable alternative
means of sewage disposal is available to the property. It is specifically
intended that such retaining tanks are temporary in nature and permitted
only in accordance with the criteria in this article.
As used in this article, the following terms shall have the
meanings indicated:
The Board of Supervisors of Newlin Township.
A sewage hauler licensed by the Chester County Health Department and registered with Newlin
Township.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located within the municipal boundaries
of Newlin Township.
Any individual, company, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau or agency of the commonwealth, political subdivision,
municipality, district, authority or any other legal entity whatsoever
which is recognized by law as having rights and duties. Whenever used
in any clause prescribing and imposing a penalty or imposing a fine,
the term "person" shall include the members of an association, partnership
or firm and the officers of any local agency or municipal, public
or private corporation for profit or not for profit.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage and is designed and constructed
to facilitate the ultimate disposal of the sewage at another site.
This term is synonymous with the term "holding tank."
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 Stream Laws, as amended.
The official or designee of the Township who is licensed
by the Commonwealth of Pennsylvania to act in such capacity and who
issues and reviews permit applications and conducts such investigations
and inspections as are necessary to implement the provisions of the
Pennsylvania Sewage Facilities Act, 1966, January 24, P.L. 1535, 35
P.S. § 750.1 et seq. ("Act 537").
The use of a retaining tank may be permitted by the Board of
Supervisors, provided that the following criteria are met:
A.
The property owner shall provide evidence to the Township that the
on-lot septic system which serves the property has failed and that
no other viable alternative means of sewage collection and disposal
are available to the property.
B.
The property is otherwise suitable for a retaining tank, and the
use, if approved, will be susceptible to regulation or restriction
by appropriate conditions and safeguards, including, but not limited
to, audible and visual warning devices (visible from street level)
to indicate when the retaining tank is within 75% of its capacity.
C.
The retaining tank shall be constructed and maintained in conformance
with the provisions of Title 25 of the Pennsylvania Code, as may be
amended and supplemented from time to time.
D.
The use of a retaining tank will serve as a temporary measure only
until a suitable alternative method of sewage disposal is available
to the property.
E.
The use of a retaining tank will serve to abate a nuisance or public
health hazard.
F.
The retaining tank shall be installed below grade.
Any person desiring to own, construct, operate or maintain a
retaining tank shall file an application therefor with the Township,
together with all plans and other materials necessary to demonstrate
compliance with all of the provisions of this article. Upon approval
by the Township, the application shall be forwarded to the Chester
County Health Department ("CCHD"), which shall process the application
in accordance with the regulations administered by the Department
of Environmental Protection and, upon approval, issue permits.
The Board is hereby authorized and empowered to adopt by resolution,
from time to time, such rules and regulations concerning sewage and
retaining tanks which it may deem necessary from time to time to effect
the purpose hereof. All such rules and regulations adopted by the
Board shall be in conformance with the provisions herein, all other
ordinances of the Township, and all applicable laws and rules and
regulations of administrative agencies of the Commonwealth of Pennsylvania
and United States.
A.
The Board shall have the right and power to fix, alter, charge and
collect rates, assessments and other charges at reasonable and uniform
rates as authorized by applicable law for the costs of administering
this article and the issuance of permits for the use of retaining
tanks in the Township. All unpaid rates, assessments and other charges,
together with penalties as set by resolution of the Board thereon
for nonpayment, shall be a municipal claim and a lien on the property.
Interest at the rate of 6% per annum is hereby imposed and shall be
collected on all such charges from the date of filing of a lien therefor
in the manner provided in the Municipal Lien Law.[1]
[1]
Editor's Note: See 53 P.S. § 7101 et seq., Municipal
Claims and Liens Act.
B.
The owner of the property shall be required to establish an escrow account with the Township in an amount determined by the operation and maintenance agreement which is required by the terms of § 161-19E below. The escrow fees shall be used to guarantee the property owner's compliance with the terms of the operation and maintenance agreement.
C.
The owner of the property where a retaining tank is installed or
shall be installed shall reimburse the Township for all of the Township's
administrative costs, including legal and engineering fees, that are
incurred in connection with the preparation, approval and execution
of the operation and maintenance agreement and issuance of approval
for a retaining tank. In the event the owner of the property does
not fully reimburse the Township for all of its costs and expenses,
including legal and engineering fees, the Township is authorized to
use the funds in the escrow account. The owner of the property shall
be required to deposit additional funds in escrow to maintain a minimum
balance as required by the operation and maintenance agreement.
A.
The collection and transportation of all sewage from any property
utilizing a retaining tank shall be done only by a licensed sewage
hauler, and the disposal thereof shall be made only at such site or
sites as may be approved by the Department of Environmental Protection.
B.
The Township or its authorized agent shall receive, review and retain
pumping receipts from permitted retaining tanks, which shall be provided
by the property owner or the licensed sewage hauler within five days
of the date the retaining tank was pumped.
The owner of a property that utilizes a retaining tank shall:
A.
Maintain the retaining tank in conformance with this article, the
provisions of any applicable law, and the rules and regulations established
by the Board by resolution and by any administrative agency of the
Commonwealth of Pennsylvania.
B.
Submit to the Township, on an annual basis, an executed contract
for the maintenance of the retaining tank, with a licensed sewage
hauler. Such contract shall be renewed or replaced and kept in full
force and effect during the entire period in which a retaining tank
is utilized. Failure to maintain such a contract or submit the contract
to the Township shall be a violation of this article.
C.
Submit to the Township for its review and retention all pumping receipts.
D.
Repair and replace as necessary any component parts of the retaining
tank as determined to be necessary for the retaining tank to function
as designed and in accordance with all applicable laws.
E.
Execute an operation and maintenance agreement with the Township
which outlines the property owner's obligations and responsibilities
concerning the installation and maintenance of the retaining tank.
F.
Post financial security with the Township in an amount determined
by the Board in the operation and maintenance agreement to guarantee
the property owner's compliance with the terms of the operation
and maintenance agreement.
G.
At the time a permanent sewer system is operational, fill the retaining
tank with an approved material, remove and properly dispose of the
tank or, with the permission of the Township, incorporate the tank
in the permanent system.
A.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
In addition to any other remedies provided in this article, any violation
of this article and any violation of the terms of an executed operation
and maintenance agreement shall constitute a nuisance and may be abated
by the Township by seeking mitigation of the nuisance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
In addition to the penalties provided in § 161-20A above, the Township is authorized to file appropriate actions at law or in equity in the Court of Common Pleas in and for Chester County or before any other body having jurisdiction over the persons and activities herein regulated to abate violations and remove any retaining tank not owned, operated, maintained or constructed in accordance with the provisions of this article. Violations of this article are declared to be public nuisances, abatable as such.
