[Ord. No. 2022-01, 1/3/2022]
The following definitions shall apply for the use and purposes of this Part:
DEPARTMENT
For the purposes of this Part shall mean the Department of Environmental Protection of the Commonwealth of Pennsylvania and its duly authorized officials and representatives.
FINANCIAL SECURITY
For the purposes of this Part shall mean either a cash escrow account, surety bond, or letter of credit. An escrow account shall be in the form of the Township's standard agreement for escrow accounts. A surety bond or letter of credit shall be in a form and issued by the appropriate financial institution in the reasonable discretion of the Township.
HOLDING TANK
A watertight receptacle, whether permanent or temporary, which receives and retains sewage conveyed by a water-carrying system. (Refer to 25 Pa. Code § 71.1, Definitions, under the definition of "retaining tank.") The holding tank shall be designed and constructed (refer to § 18-106, Size and Specifications, of this Part) to facilitate the interim storage of sewage pending the ultimate disposal of the sewage at another site in accordance with applicable law.
IMPROVED NON-RESIDENTIAL PROPERTY
Any area of land within the Township upon which there is existing or proposed a structure or building used, or intended for use, for continuous or periodic habitation, occupancy, or use by human beings or animals for non-residential purposes, and from which structure or building sewage shall or may be discharged.
RESIDENTIAL
For purposes of this Part shall mean one or more single-family residences in a single building or structure, or on a single lot or parcel.
SEWAGE
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 which may be harmful to the public health, safety, or welfare, or to any animal or aquatic life or to the use of land or the use of water for domestic water supply or recreation.
SEWAGE ENFORCEMENT OFFICER
The duly authorized Sewage Enforcement Officer of the Township.
[Ord. No. 2022-01, 1/3/2022]
Holding tanks, in compliance with this Part, shall be deemed to be an acceptable sewage disposal system, where neither connection to an existing centralized sewerage system, nor the construction of a centralized sewerage system with treatment plant, nor an in-ground on-lot individual or community sewage disposal system, is feasible.
[Ord. No. 2022-01, 1/3/2022]
1. 
Landowners of improved non-residential property.
A. 
Landowners of improved non-residential property may request the issuance of a permit to utilize a holding tank on such property.
B. 
The Township may issue such permit upon compliance with this Part and other applicable law.
C. 
The Township may require that the landowner submit, along with the customary documentation required for a sewage disposal permit, a feasibility report prepared by a professional engineer licensed in the Commonwealth of Pennsylvania or properly authorized Sewage Enforcement Officer.
D. 
The feasibility report suggesting a holding tank should describe the cause for recommending a holding tank, which could include any of the following, without limitation:
(1) 
To solve an existing pollution or public health problem;
(2) 
To overcome specific site suitability deficiencies, or as a substitute for other sewage disposal systems;
(3) 
To overcome specific engineering problems related to the site or its proposed use; or
(4) 
To utilize, under varying site conditions, an experimental design, either in whole or in part, which has been deemed successful by the Department.
2. 
Residential properties.
A. 
The Township also recognizes that residential properties may, from time to time, on an emergency basis, benefit from use of holding tanks.
B. 
As long as the requirements of this Part and other applicable laws are complied with, this Part shall not be construed to prevent short-term (in the discretion of the Township) use of holding tanks for residential properties.
[Ord. No. 2022-01, 1/3/2022]
1. 
The Township may require, as condition for issuance of a holding tank permit, that the permittee post financial security reasonably acceptable to the Township.
2. 
The financial security may be withdrawn and paid to the Township to reimburse the Township for any expenses reasonably incurred by the Township as a result of the permittee's noncompliance with this Part, the permit, or any applicable law.
3. 
The Township shall establish the amount of the financial security for each permit on an annual basis. The amount shall include sufficient funds for the total of the following, at minimum:
A. 
The cost of one annual inspection by the Sewage Enforcement Officer and associated administrative fees, in accordance with a fee schedule that may be adopted by the Township from time to time.
B. 
Estimated annual maintenance costs, as determined by the Sewage Enforcement Officer in his reasonable discretion.
C. 
The estimated cost of pumping the holding tank and proper disposal of the sewage from the holding tank for a period of 60 days' operation. The amount of this component of the financial security shall be determined by the Sewage Enforcement Officer in his reasonable discretion by the following calculations:
(1) 
The total volume of sewage for the 60 days shall be calculated by multiplying the daily average flow per the permit by 60.
(2) 
The projected number of "pump-outs" during the sixty-day period shall be calculated by dividing the total volume as above by 75% of the rated capacity of the holding tank. (Any fractional or decimal number shall be rounded up to the next whole number.)
(3) 
The estimated cost of pumping the holding tank and proper disposal of the sewage from the holding tank for a period of 60 days' operation shall then be calculated by multiplying the number of pump-outs per Subsection (C)(2) above by a typical market cost for one similar pump-out in the Township's vicinity of Northampton County at the time of such calculation.
[Ord. No. 2022-01, 1/3/2022]
1. 
Holding tanks may be used and the Township may issue a permit for the use of a holding tank only when and where the Department finds and gives written notice to the Township that the requirements of 25 Pa. Code Chapter 71 (relating to administration of sewage facilities planning program) have been met. (Refer to 25 Pa. Code § 73.61, General.)
2. 
The Township may impose reasonable conditions on the issuance of a permit for a holding tank as are necessary for the operation and maintenance of holding tanks to prevent a nuisance or public health hazard. Such conditions may include, but are not limited to, the following, depending on the circumstances of each situation:
A. 
Payment of fees for the initial issuance and renewals of the permit.
B. 
Posting financial security in accordance with § 18-104 of this Part.
C. 
Entering into an agreement with the Township governing the permittee's proper operation and maintenance of the holding tank, such agreement to be acceptable to the Township. The agreement may be recorded in the office of the Recorder of Deeds of Northampton County.
3. 
The Board of Supervisors is hereby authorized to establish, alter, charge, and collect fees for review of applications, for the issuance of permits associated therewith and for inspections associated with the installation and operation of holding tanks. Such fees shall be reasonable and uniform, and shall be published as part of the Township's fee schedule from time to time as they may be amended.
[Ord. No. 2022-01, 1/3/2022]
1. 
The normal capacity of the holding tank shall be between 1,000 to 6,000 gallons, as may be determined by the Sewage Enforcement Officer in his reasonable discretion, or a volume equal to the quantity of sewage generated in three days, whichever is larger.
2. 
Holding tanks must meet the specifications as set forth in 25 Pa. Code § 73.62, Standards for Holding Tanks, and § 73.31, Standards for Septic Tanks, Subsection (b)(1), as each may be amended, as applicable.
[Ord. No. 2022-01, 1/3/2022]
1. 
The collection, transportation, and disposal of all sewage from the holding tank may be performed only by duly authorized and licensed haulers, the Township, or its duly appointed agents, in conformity with applicable laws.
2. 
The disposal of sewage from the holding tank shall be performed only at such site or sites as are approved by the Department.
3. 
This Part is not intended to create any liability on the landowner for the negligence or other fault of others in the transportation, handling, or disposal of the sewage.
[Ord. No. 2022-01, 1/3/2022]
1. 
The Township, through its Sewage Enforcement Officer, shall inspect permitted holding tanks on an annual basis. The Sewage Enforcement Officer shall complete and retain written reports of such inspections, copies of which shall be made available to the landowner.
2. 
The Township, through its Sewage Enforcement Officer, shall collect, review, and retain pumping receipts from permitted holding tanks.
[Ord. No. 2022-01, 1/3/2022]
1. 
The landowner of property utilizing a holding tank shall be responsible for maintaining the holding tank in conformance with this Part and other applicable laws, including the DEP regulations.
2. 
The landowner shall permit the proper government officials, including, but not limited to, the Sewage Enforcement Officer and the Department, to inspect the holding tank on an annual basis, or more frequently if determined necessary by said governmental officials.
[Ord. No. 2022-01, 1/3/2022]
1. 
To the extent that the DEP regulations may be amended to provide for more stringent standards or address matters other than those set forth in this Part, then those amended provisions of the DEP regulations shall supersede and control over this Part.
[Ord. No. 2022-01, 1/3/2022]
1. 
The failure of a landowner to properly operate, pump out, and maintain a holding tank in compliance with its permit, applicable laws and regulations, and any agreement with the Township, is hereby and shall be deemed to be a nuisance detrimental to the public health, safety, and welfare, and may be abated or removed by the Township in accordance with law.
2. 
The Township may file and collect a municipal claim and municipal lien against the property where the holding tank is located, and/or any property which is served by or discharges sewage to the holding tank, to recover any costs, expenses, and fees, including, without limitation, repair, maintenance, pumping, and construction costs, inspection and administrative fees, attorney fees, and technical expert fees, that the Township incurs relating to the abatement of such a nuisance, in accordance with the Municipal Claims and Tax Liens law (53 P.S. Chapter 25, § 7101 et seq., as amended[1]), particularly § 7107. Entitlement to Liens for Taxes, Removal of Nuisances, Grading, Paving; Assignment by Municipal Authority; Claim to Use of Contractor.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
[Ord. No. 2022-01, 1/3/2022]
All ordinances or parts of ordinances inconsistent with the provisions contained in this Part are hereby repealed as of the effective date of this Part; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Township which is not in conflict with the provisions of the Part shall be deemed to remain in full force and effect.
[Ord. No. 2022-01, 1/3/2022]
1. 
The adoption of this Part and the repeal of ordinances provided for in Section 12 of this Part shall not affect the following rights and obligations pertaining to the subject matter of this Part which are hereby expressly saved from repeal; provided, however, that the repeal of ordinances pursuant to § 18-112 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:
A. 
Any right or liability established, accrued, or incurred under any ordinance prior to the effective date of this Part, or any action or proceeding brought for the enforcement of such right or liability, or any cause of action acquired or existing.
B. 
Any offense or act committed or done before the effective date of this Part in violation of any prior ordinance of the Township or any penalty, punishment, or forfeiture which may result therefrom.
C. 
Any permit, license, or right heretofore granted or conferred by the Township, or any lawful contract, obligation, or agreement.
[Ord. No. 2022-01, 1/3/2022]
If any sentence, clauses, section, or part of the Part is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or part of this Part. The Board of Supervisors of Lower Mount Bethel Township hereby declare as the intent of Township that this Part would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section, or part thereof not been included herein.
[Ord. No. 2022-01, 1/3/2022]
1. 
This Part may be enforced by:
A. 
An action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, with criminal fines not to exceed $1,000 per violation; or
B. 
An action in equity.
C. 
A separate offense shall arise for each day or portion thereof in which a violation in found to exist, or for each section of the Part which is found to have been violated.
D. 
All fines and penalties collected for the violation of this Part shall be paid to the Township Treasurer.
E. 
The initial determination of violations of this Part and the service of notices of violation shall be delegated to the Township's Sewage Enforcement Officer.