[Adopted 12-20-1989 by Ord. No. 89-7]
Unless the context specifically and clearly indicates otherwise, the meanings of terms used in this article shall be as follows:
COUNCIL
The Council of the Township of Lower Saucon, Northampton County, Pennsylvania.
DEPARTMENT
The Pennsylvania Department of Environmental Protection or its successor state agency.
DISPOSAL SITE
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.
HOLDING TANK
A watertight receptacle which receives sewage conveyed to it by means of a watertight pipe carrying system and which is designed and constructed to facilitate ultimate disposal of the sewage at another site.
IMPROVED PROPERTY
A property within the Township 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 and which is within 150 feet of a proposed sanitary sewer collector main.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
PERSON
Any individual, partnership, company, association, corporation of other group or entity.
REGULATIONS
The regulations of the Pennsylvania Department of Environmental Protection, Pennsylvania Code, Title 25, Subpart C, Regulation of the Department, pertaining to holding tanks.
SEWAGE
Any substance that contains any of the waste products or 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.
[1]
TOWNSHIP
Lower Saucon Township, Northampton County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
A. 
The Council is hereby authorized and empowered to undertake within the Township the control and methods of holding tanks, sewage disposal and the collection and transportation thereof.
B. 
No permit for a holding tank, however, shall be issued unless the Township has a guaranty that public sanitary sewer service will be available to the building site within 18 months of the date of the permit application.
C. 
No permit for a holding tank shall be issued until the Township and Sewage Enforcement Officer have obtained a certified copy of each of the following documents:
(1) 
A completed application;
(2) 
A written contract between the landowner and 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 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;[1] and
[1]
Editor's Note: The current Fee Schedule is available at the Town Hall.
(5) 
An agreement to reimburse and indemnify the Township for any liability, costs and expenses which shall or may be incurred by the Township 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 Township 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. 
The Council is hereby authorized and empowered to adopt by resolution such rules and regulations concerning sewage which it may deem necessary from time to time to effect the purpose herein.
B. 
All such rules and regulations adopted by the Council shall be in conformity with the provisions herein, all other ordinances of the Township and all applicable laws and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.
The Council shall have the right and power to fix, alter, charge and collect rates, assessments and other charges in the area served by its facilities at reasonable and uniform rates, as authorized by applicable law. These charges, rates and assessments shall be established by resolution.[1] In addition, all legal and sewage enforcement fees in regard to the processing of a permit, including the preparation, and recording of all legal documents shall be paid by the applicant.
[1]
Editor's Note: The current Fee Schedule is available at the Town Hall.
The collection and transportation of all sewage from an improved property utilizing a holding tank shall be the responsibility of the property owner, subject to the direction and control of the Township, and the disposal thereof shall be made only at such site or sites as may be approved by the Department of Environmental Protection of the Commonwealth of Pennsylvania.
The owner of an improved property that utilizes a holding tank shall:
A. 
Maintain the holding tank in conformance with this article or any ordinance of this Township, the provisions of any applicable law and any administrative agency of the Commonwealth of Pennsylvania and permit the collection, transportation and disposal of the contents therein only in accordance with the rules and regulations adopted by the Council. Said rates, rules and regulations shall be imposed and may from time to time be amended by the Council by resolution.
B. 
Obtain from the Township Sewage Enforcement Officer or the Pennsylvania Department of Environmental Protection or any successor thereof the approval for sanitary sewer disposal by means of holding tanks.
C. 
Submit to the Township an appropriate land planning module, if required.
D. 
Post a cash escrow with the Township in an amount as set from time to time by resolution or ordinance, as may be required by law,[1] which shall be used by the Township in the event that it is necessary for the Township to effect the transportation and disposal of sewage from the owner's property because of the owner's failure or refusal to do so or for payment of the Sewage Enforcement Officer cost and legal costs incurred by the Township as a result of the application for and issuance of a holding tank permit and for the enforcement of this article or regulations adopted pursuant to this article. The unused balance of any escrow shall be returned to the landowner upon proper removal of the holding tank. It shall not be necessary to hold said escrow funds in an interest-bearing account, but if it is, the accrued interest on the escrow shall be credited to the balance of the account of the individual applicant.
[1]
Editor's Note: The current Fee Schedule is available at the Town Hall.
E. 
Have 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. At reasonable times during the hours of 8:00 a.m. until 8:00 p.m., the landowner shall 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.
F. 
Whenever requested by the Sewage Enforcement Officer to do so, the landowner shall furnish the Sewage Enforcement Officer with a true and corrected copy of all pumping receipts for cleaning or removing the contents of the holding tanks. Such reports, when requested, shall be made to the Sewage Enforcement Officer within 10 days after the contents of the holding tank are pumped out.
The failure of a landowner to comply with § 130-41 and § 130-42E and F of this article shall be grounds for immediate revocation of the permit by the Sewage Enforcement Officer. The owner may appeal the revocation notice in accordance with the procedures found in the regulations.
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 Sewage Enforcement Officer shall have first inspected and approved the installation and authorized covering the same. The landowner shall be responsible for furnishing the Sewage Enforcement Officer with 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 from any source of water supply.
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 lank within 20 days after connection to the off-site sewage disposal system is made.
[Amended 9-18-1996 by Ord. No. 96-10; 5-20-1998 by Ord. No. 98-17; 3-3-2021 by Ord. No. 2021-01]
This article shall be enforced by 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. Any person who violates or permits the violation of this article shall, upon conviction in a summary proceeding, be punishable by a fine of not more than $1,000 or by 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. 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 § 130-42 above shall constitute a public nuisance and shall be abated by the Township or any other affected person by seeking appropriate equitable or legal relief.