[Adopted 5-3-1976 by Ord. No. 305]
The purpose of this article is to establish procedures for the use and maintenance of holding tanks designed to receive and retain sewage, whether from residential or commercial uses, and it is hereby declared that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Township.
Unless the context specifically and clearly indicates otherwise, the meanings and terms used in this article shall be as follows:
- HOLDING TANK
- A watertight receptacle which receives and retains sewage 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:
- IMPROVED PROPERTY
- Any 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.
- Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
- Any individual, partnership, company, association, corporation 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.
- The Supervisors of Tobyhanna Township, Monroe County, Pennsylvania.
- Tobyhanna Township, Monroe County, Pennsylvania.
The Supervisors are hereby authorized and empowered to undertake within the Township the control and methods of holding tank sewage disposal and the collection and transportation thereof.
The Supervisors are hereby authorized and empowered to adopt such rules and regulations concerning sewage which they may deem necessary from time to time to effect the purposes herein.
The Supervisors shall have the right and power to fix the amount and terms of a bond or other security to ensure compliance with the provisions of this article, the rules and regulations and the rates, assessments and other charges adopted pursuant to this article. Said bond or other security shall be furnished by the owner or owners of the property or properties using the holding tank and shall cover the period of time the holding tank is intended to be used and for such period of time thereafter as the Supervisors shall deem necessary.
The Supervisors shall have the right and power to fix, alter, charge and collect rates, assessments and other charges in the area served by holding tanks at reasonable and uniform rates as authorized by applicable law.
All such rules and regulations adopted by the Supervisors shall be in conformity with the provisions herein, all other ordinances of the Township and all applicable laws and applicable rules and regulations of the administrative agencies of the Commonwealth of Pennsylvania.
No person shall install or utilize or cause to be installed or utilized any holding tank within the Township until and unless such person has obtained from the Supervisors or their duly appointed representative a permit evidencing the posting of bond or other security as required herein and the compliance with all other conditions precedent to the installation and utilization of a holding tank as set forth herein.
[Amended 6-6-1988 by Ord. No. 346]
Holding tanks shall not be permitted or allowed as a means of effluent disposal for any new construction, except where the Township's official plan or revision provides for replacement by adequate sewerage services in accordance with a schedule approved by the Department of Environmental Protection.
[Amended 6-15-1998 by Ord. No. 398]
Holding tanks will be allowed for temporary use only, and said temporary use of a holding tank shall not exceed a maximum use of one year. The use of said holding tanks shall only be permitted where existing on-lot disposal systems are being repaired or replaced.
No holding tanks shall be placed into operation or utilized prior to the issuance of a holding tank permit by the Township Sewage Enforcement Officer. Such holding tank permits shall expire one year from the date of issuance and shall not thereafter be renewed.
All applications for a holding tank permit shall be in accordance with the applicable Township ordinances, rules and regulations existing as of the date of this section and the ordinances, rules and regulations as hereinafter amended from time to time by the Township Supervisors. All applications for a holding tank permit shall contain or have attached thereto a fully executed, signed and notarized maintenance contract relating to the periodic pumping of said holding tank. The holding tank cleaner and his proposed disposal site operator shall have had prior approval by the Department of Environmental Protection. The application shall also provide the precise date when the holding tank authorized by the permit issued by the Township will be abandoned.
The applicable ordinances, rules and regulations and the applicable statute of the Commonwealth of Pennsylvania, together with the applicable rules and regulations of the Pennsylvania Department of Environmental Protection as existing at the time of the issuance of the permit and such other revisions to the applicable statutes, ordinances, rules and regulations as enacted or promulgated from and after the date of the issuance of the permit, must be strictly adhered to and in conformity with said statutes, ordinances, rules and regulations as heretofore set forth.
Prior to the issuance of a holding tank permit by the Sewage Enforcement Officer of the Township of Tobyhanna, all application fees and escrow fees as hereinafter provided shall be paid by the applicant to the Township of Tobyhanna.
All owners of holding tank permits shall install, at the time that said holding tank permit is issued, a potable water meter connected to the water supply source servicing the property or premises for which the holding tank permit was issued.
All holding tank permittees shall be required to maintain a daily log setting forth the recorded information taken from the source of the water supply, which data or information shall reflect the pumping intervals, the gallons of water pumped and the gallons of water used. In addition, the application for a holding tank permit shall likewise provide for and have affixed thereto the signature of the effluent hauler, together with the name, address and telephone number of said effluent hauler.
The Sewage Enforcement Officer of the Township shall inspect said permitted holding tanks every six months from the date of issue, and as a condition of the continued use of the holding tank, the permittee must produce for inspection the daily log, which log must, at the time of inspection, contain all current data as set forth hereinabove.
Failure on the part of any holding tank permittee to comply with the provisions of this article, the rules and regulations as may hereinafter be promulgated or currently in existence or failure to comply with the applicable statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Department of Environmental Protection relating to the use and maintenance of holding tanks shall result in the immediate revocation of the holding tank permit and, upon written notice of the revocation of said holding tank permit, it shall thereafter be unlawful for the owner of said premises or property to thereafter utilize the same for any use whatsoever.
[Added 6-6-1988 by Ord. No. 346]
All applications for a holding tank permit shall be made in accordance with the application form provided by the Township, which application must be signed by the applicant permittee. The holding tank cleaner and his proposed disposal site operator shall have had prior approval by the Department of Environmental Protection. The application shall have attached thereto a signed and notarized maintenance contract, which maintenance contract sets forth the schedule of pumping dates. The application shall also contain a precise date as to when the holding tank will be abandoned, but in no event shall the abandonment of said holding tank take place later than one year from the date of the issuance of the holding tank permit.
[Added 6-6-1998 by Ord. No. 346; amended 6-21-1999 by Ord. No. 411]
At the time an application is made for a holding tank permit, the applicant shall pay to the Township of Tobyhanna an application fee, as set from time to time by resolution of the Board of Supervisors, and shall also deposit a sum, as set from time to time by resolution of the Board of Supervisors, with the Township of Tobyhanna as and for an escrow fund to be utilized for the purpose of assuring compliance with the Pennsylvania Sewage Facilities Act, the rules and regulations promulgated by the Department of Environmental Protection and in compliance with the ordinance, rules and regulations as promulgated by the Township of Tobyhanna. Said escrow fund shall be used by the Township of Tobyhanna to defray any expenses that it may incur as a result of any violations, terms and conditions relating to the issuance of the holding tank permit. Said escrow fund shall be held in an interest-bearing account, and all accrued interest shall be paid to the individual depositing the escrow fund. At the termination of the period for which the permit was issued, the fund, or any remaining balance not used for the purpose as herein set forth, shall be returned to the individual depositing the fund at the time the application is filed.
Editor's Note: See 35 P.S. § 750.1 et seq.
The collection and transportation of all sewage from any improved property utilizing a holding tank shall be done solely by or under the direction and control of the Supervisors, provided that:
The Supervisors may delegate or contract for the collection and disposal of the holding tank's contents, except that the ultimate responsibility for the proper collection and disposal of such contents shall remain with the Supervisors.
In the event of contract disposal, both the holding tank cleaner and his proposed disposal site shall obtain DEP approval prior to the Supervisors allowing the holding tank cleaner to conduct operations within the Township.
Treatment tank cleaners (septic, aerobic, etc.) shall discharge within the Township only at facilities approved by the Supervisors.
The owner of an improved property that utilizes a holding tank shall:
Maintain the holding tank in conformance with this article or any ordinance of this Township, the provisions of any applicable law and the rules and regulations of any administrative agency of the Commonwealth of Pennsylvania.
Permit only the Township or anyone acting under the direction of the Township to collect, transport and dispose of the contents therein.
In the event that an owner shall fail to perform any of his duties or responsibilities hereunder, the Supervisors or their duly appointed representatives shall cause to be served through the Pocono Mountain Regional Police Department notice upon the owner or such other person responsible under the law for the maintenance of the offending property to correct the offending condition. In the event that the owner or such other person is not a resident within the Township, the notice shall be given by registered mail to their last known address, or in the event that the owner or such other person is unknown or cannot be located, then notice shall be given by posting the offending property.
In the event that the violation is not corrected within 10 days after serving, mailing or posting notice, or such longer period as the Supervisors shall grant, depending upon the reasonable necessities of the case, then the Supervisors may, through employees of the Township or by private contract, enter upon the offending property and correct the violation complained of. In the event of the correction by the Township, the actual cost of such action, together with a penalty of 20% of such cost, shall be assessed and collected in the manner provided by law for the collection of municipal claims or by action of assumpsit, whichever method the Supervisors may deem expedient.
This remedy shall be in addition to and not instead of any other remedy, penalty or fine provided by this article or otherwise available by law or equity.
[Amended 6-21-1999 by Ord. No. 411]
Any person who violates any provisions of this article shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $500 nor more than $5,000, plus costs, or to imprisonment not to exceed 90 days, or both.
In addition to any other remedies provided in this article, any violation shall constitute a nuisance and shall be abated by the Township or Supervisors by seeking appropriate equitable or legal relief from a court of competent jurisdiction, and the Supervisors are specifically authorized as a part of said equitable or legal relief to seek injunctions against the use of the holding tank and the property and buildings serviced thereby until the nuisance shall be abated and compliance had with the provisions of this article.