[Ord. 2020-1, 3/9/2020]
This Part shall be known as the “Borough of Cornwall Holding
Tank Ordinance.”
[Ord. 2020-1, 3/9/2020]
The purpose of this Part is to establish procedures for the
use and maintenance of existing and new holding tanks designed to
receive and retain sewage, whether from residential or commercial
uses, and 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 the Borough of Cornwall.
[Ord. 2020-1, 3/9/2020]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
Any person who filed an application with the Borough for
approval to install a holding tank.
The Borough of Cornwall, 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 and is designed and constructed
to facilitate the ultimate disposal of the sewage at another site.
The term “holding tank” as used in this Part shall include
the terms “privy,” “chemical toilet,” “retaining
tank” and “holding tank” as those terms are defined
and used in the Department’s regulations.
Any property within the Borough 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 Borough.
Any individual, partnership, company, association, corporation,
trust, or other group or entity.
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 Borough.
Water service provided to an improved property by means of
a system of plumbing or piping with the water being supplied by a
public water system, private well, or private spring.
[Ord. 2020-1, 3/9/2020]
The Borough of Cornwall is hereby authorized and empowered to
undertake within the Borough the control and methods of holding tank
use, sewage disposal, and sewage collection and transportation thereof.
[Ord. 2020-1, 3/9/2020]
The Borough of Cornwall 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. 2020-1, 3/9/2020]
All such rules and regulations adopted by Borough Council shall
be in conformity with the provisions herein, all other ordinances
of the Borough, all other applicable laws, and applicable rules and
regulations of administrative agencies of the Commonwealth of Pennsylvania.
Borough Council hereby adopts the regulations of the Department found
in Title 25, Chapters 71 and 73, of the Pennsylvania Code governing
retaining tanks as the regulations governing the design, installation,
and use of holding tanks within the Borough.
[Ord. 2020-1, 3/9/2020]
Borough Council 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. 2020-1, 3/9/2020]
The collection and transportation of all sewage from any holding
tank shall be done solely by or under the direction and control of
the Borough, and the disposal thereof shall be made only at such site
or sites as may be approved by the Department.
[Ord. 2020-1, 3/9/2020]
All applicants who desire to install a holding tank shall meet
all of the following requirements:
1.
A holding
tank may be installed on a lot only if one of the following conditions
exists:
A.
To replace
an existing malfunctioning on-lot sewage disposal system where there
is insufficient suitable area for a repair or replacement of the sewage
system.
B.
If the
lot is located within an area designated for public sewer service
and where public sewer service will be available within one year or
less after the date of application to the Borough to authorize installation
of the holding tank.
C.
To serve
a lot where water under pressure is not presently available on the
improved property if applicant meets all of the following conditions:
(1)
Site and soil suitability testing of the lot has been conducted by
the Sewage Enforcement Officer and the site meets the requirements
of Title 25, Chapter 73, Standards for On-Lot Sewage Treatment Facilities,
of the Pennsylvania Code, for the ultimate sewage disposal by an approved
on-lot system if water under pressure or piped waste water becomes
available to the improved property.
(2)
At such time that water under pressure becomes available, the owner
shall remove the holding tank and replace the holding tank with an
approved onlot system.
D.
To serve
a lot where water under pressure does not exist where the lot is an
isolated lot which is one acre or larger and is not nor will not be
served by water under pressure in the future.
E.
To temporary
use of portable retention tanks where their use is proposed at construction
sites or at the site of public gatherings and entertainment.
F.
To such
other temporary or permanent uses of holding tanks as may be authorized
by the Department.
2.
The record
owner of the lot on which the holding tank other than a temporary
use holding tank is to be installed and, if different, the applicant,
shall enter into an agreement with the Borough, in recordable form,
providing for the long-term maintenance of the holding tank which
grants the Borough the right to enter upon the property; to inspect
such holding tank not less than once each year and, in addition, whenever
the Borough receives a complaint or otherwise has reason to believe
that such holding tank is not functioning properly; to maintain the
holding tank if the landowner fails to do so; and to recover the cost
of any maintenance performed plus a penalty of 25% of such cost from
the landowner. The agreement shall specifically authorize the Borough
to file a municipal claim against the property to recover costs, penalties
and fees and shall specifically state that its provisions are binding
upon the landowner executing the agreement and upon all successive
owners of the property until the holding tank is removed and the improved
property is either connected to a public sewer system owned and operated
by a governmental entity if water under pressure currently exists
on the improved property or connected to an on-lot sewage disposal
system if water under pressure is not currently available on the improved
property.
3.
The applicant
shall post financial security with the Borough to secure the future
maintenance of the holding tank and payment of costs of annual inspection
of such system. The amount of the financial security shall be based
upon the estimated cost to maintain the particular holding tank chosen
by the applicant. The financial security shall be posted through an
irrevocable letter of credit in a form acceptable to the Borough Solicitor
or in a cash escrow which the Borough shall maintain in a non-interest-bearing
account. The Borough shall not release such financial security until
one or more of the following conditions occur:
A.
The owner
provides the Borough with acceptable alternative financial security.
B.
If the
holding tank serves an improved property which was provided with water
under pressure at the time of holding tank installation, the owner
removes the holding tank, and the improved property is connected to
a public sewer system owned and operated by a governmental entity.
C.
If the
holding tank serves an improved property which did not have water
under pressure at the time of holding tank installation, the owner
installs water under pressure, removes the holding tank, and connects
the improved property to an approved on-lot sewage disposal system.
D.
If the
owner removes a holding tank from land which is not an improved property
(i.e., removes a holding tank installed on a temporary basis to serve
a public gathering, construction site, etc.).
4.
The applicant
shall demonstrate to the Borough that the proposed holding tank meets
all applicable Department regulations and that the applicant has obtained
all necessary approvals and permits.
5.
Special
conditions for holding tanks shall be incorporated in the permit application
and permit for the proposed use of a holding tank.
6.
The applicant
shall reimburse the Township for all costs incurred in the preparation
of the agreement and its recording.
7.
The applicant
shall pay all costs associated with the yearly inspection of the holding
tank.
[Ord. 2020-1, 3/9/2020]
The owner of an improved property that utilizes a holding tank
shall:
1.
Maintain
the holding tank in conformance with this or any ordinance of this
Borough, the provisions of any applicable law, and the rules and regulations
of the Borough and any administrative agency of the Commonwealth of
Pennsylvania including, but not limited to, §§71.63 and
73.61 et seq. of the Department’s regulations.
A.
Proof
of Maintenance. Each time that a holding tank is pumped out or emptied,
the private sewage waste hauler who performs the service shall provide
to the owner a signed receipt and shall retain a signed receipt containing
the following information:
(1)
Date of pumping out.
(2)
Name and address of owner.
(3)
Description and diagram of location of holding tank, including location
of any markers and/or access hatches (if known).
(4)
Size of holding tank.
(5)
Age of the holding tank (if known).
(6)
Last date of pump out (if known).
(7)
Any maintenance performed in connection with pumping out of the holding
tank.
(8)
Any indication of system malfunction observed.
(9)
Amount of sewage, septage or other solid or semi-solid material removed.
(10)
Cost of service.
(11)
Waste hauler’s state license number permitting him to collect
and haul septage in this Commonwealth.
The owner and the waste hauler shall provide the receipt to
authorized officials of the Borough. The receipt shall serve as proof
of compliance with the maintenance requirements of this Part. Failure
to provide a copy of the receipt within 30 days after the holding
tank is pumped out or emptied shall constitute a violation of this
Part. The Borough is designated in accordance with the Department’s
regulations as the administrative agency to receive, review and retain
pumping receipts from permitted holding tanks.
B.
Inspections.
Annually or where any agreement entered into between the Borough and
the owner or a predecessor in title of the landowner requires more
frequent inspections of a holding tank, the owner shall permit the
Borough Sewage Enforcement Officer to enter upon the improved property
to conduct the required inspection. The Borough Sewage Enforcement
Officer shall conduct inspections of all permitted holding tanks at
least annually and complete a written inspection report which shall
be submitted to and be retained by the Borough. The owner shall pay
all fees associated with all required inspections.
2.
If either
water under pressure becomes available to the improved property or
public sewer service becomes available to the improved property, abandon
the holding tank consistent with applicable public health and environmental
standards.
3.
Permit
the Borough to enter upon lands to inspect the holding tank for proper
operation, maintenance and contents disposal.
[Ord. 2020-1, 3/9/2020]
The owner of a lot upon which a holding tank is installed, any
person who occupies a lot upon which a holding tank is installed,
any person who owns a holding tank, and any sewer waste hauler pumping
out or otherwise maintaining a holding tank shall report any malfunctioning
of a holding tank to the Borough. Such report shall be made as soon
as possible but in no case later than three days after discovery of
the malfunction.
[Ord. 2020-1, 3/9/2020]
1.
It shall
be a violation of this Part to commit or 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 to fail to maintain a holding tank or to fail to provide reports
of maintenance as required by this Part.
C.
To fail
to have the holding tank inspected as required by this Part or to
fail to permit the Borough Sewage Enforcement Officer to inspect the
holding tank.
D.
To fail
to report a malfunctioning holding tank.
E.
To fail
to remedy a malfunctioning holding tank.
F.
To place
false information on or omit relevant information from an application
for a permit or from a report of inspection or maintenance of a holding
tank.
G.
To occupy
or permit the occupancy of any structure served by a holding tank
for which a valid permit has not been obtained as required by this
Part.
H.
To fail
to comply with any other provision of this Part.
2.
Any person
who shall violate a provision of this Part or who shall fail to comply
with any of the requirements thereof or who shall permit the violation
of this Part or who shall use or occupy or permit the use or occupancy
of any building or structure which is served by a holding tank which
has not been installed or maintained in accordance with the requirements
of this Part shall, upon being found guilty in an enforcement proceeding
commenced by the Borough, pay a fine of not less than $200 and not
more than $1,000 for each violation plus all costs of prosecution,
including the Borough’s attorneys’ fees, which fines and
costs may be collected as provided by law. Each day that a violation
continues shall be deemed a separate offense, and each Section of
this Part which is violated shall be deemed a separate offense.
[Ord. 2020-1, 3/9/2020]
In addition to any other remedies provided in this Part, any
violation of this Part shall constitute a nuisance and may be abated
by the Township by either seeking appropriate equitable or legal relief
from a court of competent jurisdiction.
