[Adopted 5-7-1996 by Ord. No. 2-1996]
The title of this article is the "Holding Tank
Ordinance of the Borough of New Salem, York County, Pennsylvania."
The following definitions shall be used in the
application and interpretation of this article unless the context
clearly indicates otherwise:
The Borough of New Salem.
A watertight receptacle that receives and retains
sewage at one site and is designed and constructed to facilitate ultimate
disposal of the sewage at another site. Holding tanks include, but
are not limited to, the following:
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
RETAINING TANKA holding tank where sewage is conveyed to it by a water-carrying system.
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is not available.
Holding tanks do not include temporary toilet
facilities set up for special events, commonly known as "Port-A-Pots,"
"Port-A-Johns" or other such trade names.
The individual or firm authorized by the Council of the Borough
of New Salem to issue holding tank permits, revoke improperly issued
permits, begin enforcement proceedings for violations of this or any
other ordinance relating to holding tank installation and maintenance,
and to administer the provisions of this article. Unless otherwise
specified by resolution, this individual shall be the same individual
or firm who serves as the Sewage Enforcement Officer or Alternate
Sewage Enforcement Officer for the Borough.
Any person who occupies any nonowner-occupied property located
in the Borough by lease agreement or by permission of the owner, whether
or not in writing and whether or not rent or other consideration is
paid or given.
The individual, person, firm or other entity having legal
or equitable title to land or improvements within the Borough.
Any individual, partnership, public or private association,
corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other entity recognized by law as the subject
of rights and duties.
Any substance that contains any of the waste products or
excrement or other discharges 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.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et
seq.
The purpose of this article is to comply with
the requirements of the rules and regulations of the Department of
Environmental Protection set forth in Title 25, Section 71.63, of
the Pennsylvania Code, and in so doing establish procedures for the
responsibility, use and maintenance of all holding tanks in the Borough.
It shall be unlawful for any person to install
a holding tank in the Borough or to allow a holding tank to be installed
on any real property owned by such person in the Borough unless a
permit for the installation of the holding tank has been issued pursuant
to this article.
A.
No holding tank permit shall be issued unless an application
has been made in writing to the Holding Tank Permit Officer on forms
provided by the Holding Tank Permit Officer for that purpose. The
form shall contain such information as deemed necessary to determine
whether the permit may be issued. The information shall include, but
not be limited to, the identity of the person who shall be responsible
for removing the sewage from the holding tank and the location and
owner of the ultimate disposal site for such sewage. The Holding Tank
Permit Officer may issue a permit only if it is for:
(1)
The temporary installation of one or more holding
tanks each having a capacity in excess of 100 gallons at one or more
construction sites or places of public gathering or entertainment,
and no site or place will be served by any holding tank for more than
nine months during any twelve-month period; or
(2)
The permanent installation of one or more holding
tanks for use in connection with an existing dwelling or place of
business that the Holding Tank Permit Officer determines cannot be
served by an on-lot sewage disposal system that conforms with all
state laws and rules and regulations issued pursuant thereto.
B.
Application for the temporary installation of one
or more holding tanks shall be made by the owner of such tank or tanks.
Any permit issued as a result of such application shall be effective
for one year from the date of its issuance. The applicant for such
permit shall, upon receipt of said permit, pay at the same time such
application fee set by the Borough Council in effect at such date.
This fee shall be nonrefundable. This fee is in addition to any other
fees or charges made within this article.
C.
Application for the permanent installation of one
or more holding tanks shall be made by the owner of such tank or tanks.
Any permit issued as a result of such application shall be effective
for one year from the date of its issuance. The applicant for such
permit shall, upon receipt of said permit, pay at the same time such
application fee set by the Borough Council in effect at such date.
This fee shall be nonrefundable. This fee is in addition to any other
fees or charges made within this article.
D.
The Holding Tank Permit Officer shall not approve
any application for any holding tank permit if:
(1)
The person designated on the application as being
responsible for the removal of the sewage from the holding tank is
not approved by the Pennsylvania Department of Environmental Protection
to perform that type of service; or
(2)
The person designated on the application as being
the owner of the ultimate disposal site for the sewage from the holding
tank is not approved by the Pennsylvania Department of Environmental
Protection to dispose of such sewage at such site; or
(3)
Issuance of the permit does not in all respects comply
with all state laws and rules and regulations issued pursuant thereto;
or
(4)
The holding tank has a gallonage capacity of less
than required by any minimum gallonage requirement which may be established
from time to time by the Borough Council.
No retaining tank may be installed or used unless
the owner or occupant has installed "water saver" fixtures, approved
by the Holding Tank Permit Officer, on the toilet and all water faucets
and shower heads.
No retaining tank may be installed unless the
tank is equipped with a sound alarm system which will give warning
when the tank is filled to 75% capacity and will automatically shut
off the property's water supply system when filled to a 90% capacity.
It shall be a violation of this article to tamper with any sound alarm
system or to tamper with or to bypass any automatic water supply shut
off, or to obtain water from any source other than the water supply
system connected to the automatic shut off. In the event that the
Holding Tank Permit Officer finds that either the sound alarm system
or automatic shut off on any retaining tank has been tampered with
or rendered inoperative, or that water has been obtained from any
source other than the water supply system connected to the automatic
shut off, the Holding Tank Permit Officer shall revoke the permit
issued pursuant to this article and take any other action permitted
by law to prevent the discharge of sewage from the property. Any monies
paid into the escrow fund as set up below remaining after payment
of the inspection fee and the costs of removal of the contents of
the retaining tank shall be forfeited to the Borough.
The applicant shall, at the time of the issuance of the permit, in addition to the fees required in § 170-11, submit and pay to the Holding Tank Permit Officer the sum of $750 by certified or cashier's check, treasurer's check, money order or cash, which shall be promptly transmitted to the Borough Secretary and placed in escrow. The Borough Secretary shall have the discretion to escrow the funds in an interest-bearing or noninterest-bearing account, and if the account is interest-bearing, the applicant shall promptly provide the Borough Secretary with the applicable TIN for interest reporting by the deposit institution where the escrow is held. Any sums remaining in the escrow fund not deducted pursuant to the provisions of §§ 170-13 and 170-16 of this article shall be returned to the applicant, along with accumulated interest, if any, upon the removal of the holding tank.
A.
The holder of a permit issued pursuant to this article
shall:
(1)
Install only such holding tank or tanks as are approved
by the Pennsylvania Department of Environmental Protection;
(2)
Maintain at all times the holding tank in conformance
with this article and all state laws, rules and regulations issued
pursuant thereto;
(3)
Notify the person designated in the permit application
as the person responsible for removal of sewage from the holding tank
to remove the sewage as soon as the tank is filled to more than 75%
of capacity;
(4)
Allow only the person designated in the permit application
as the person responsible for the removal of sewage from the holding
tank to remove sewage from the holding tank;
(5)
Allow the Holding Tank Permit Officer to inspect the
holding tank from time to time to determine whether the holder of
the permit has installed and is maintaining the holding tank in compliance
with this article and all state laws, rules and regulations issued
pursuant thereto, and promptly pay an inspection fee set by Borough
Council;
(6)
Promptly forward to the Holding Tank Permit Officer
within four days of having the tank pumped the pumping receipt(s);
and
(7)
Remove the holding tank from the real property on
which it has been installed within 10 days after written notice of
the revocation of the permit for such tank has been posted on the
real property.
B.
In the event that the permit holder wishes to change
the hauler of the sewage from the holding tank, the approval must
be obtained in writing from the Holding Tank Permit Officer prior
to the change and noted on the permit.
Following the issuance of a permit pursuant
to this article, the Holding Tank Permit Officer shall from time to
time, but at a minimum once annually, inspect the holding tank and
provide the Borough Secretary with a copy of the inspection report.
In the event that the Holding Tank Permit Officer finds the holding
tank to be filled in excess of 75% of capacity, the Holding Tank Permit
Officer shall notify the Borough Secretary to deduct from the escrow
fund the sum of $50 to be retained as an inspection fee. In the event
the Holding Tank Permit Officer finds that the holding tank is filled
more than 85% of capacity, the Holding Tank Permit Officer shall promptly
make arrangements to have the contents of the holding tank removed
and have the cost of such removal paid from the funds held in escrow.
In such event, the Holding Tank Permit Officer shall, in addition,
revoke the permit issued pursuant to this article and all amounts
remaining in the escrow fund after payment of the inspection fee and
payment of the cost of removal of the contents of the holding tank
shall be forfeited to the Borough.
If the Holding Tank Permit Officer determines
that a person issued a permit pursuant to this article has not installed
or is not maintaining the holding tank for which such permit was issued
in a manner that is in conformance with this article and all state
laws and rules and regulations issued pursuant thereto, then the Holding
Tank Permit Officer shall cause the sewage from such holding tank
to be properly disposed of, shall revoke the permit for such holding
tank, and shall post written notice of such permit revocation on the
real property where such tank is located.
In addition to any other remedies provided in
this article, any violation of any of the provisions of this article
shall constitute a nuisance and may be abated by the Borough by seeking
appropriate equitable or legal relief from a court of competent jurisdiction.
Such relief shall include all costs and attorney's fees incurred by
the Borough.
Any individual, person, firm or other entity
that violates any provision of this article shall pay a penalty not
to exceed $1,000 per violation. In default of payment of such fine
and any costs of prosecution, the violator shall be subject to imprisonment
for not more than 30 days in the York County Jail. Each day in which
such violation takes place shall constitute a single and separate
offense.
If any provision of this article, or the application
thereof to any individual, person, firm or other entity, is held invalid
or is preempted by existing or future state or federal regulation,
the remainder of the article and the application of such provision
to other persons or circumstances shall not be affected thereby.
