[Adopted 7-17-1989 by Ord. No. 48]
As used in this article, the following terms shall have the
meanings indicated:
Pennsylvania Sewage Facilities Act, 35 P.S. §§ 750.1
through 750.20, as from time to time amended.
The Board of Commissioners of Pocono Township.
The Pennsylvania Department of Environmental Protection or
its successor state agency.
A watertight receptacle which receives and retains sewage
from a central sewer system and is designed and constructed to facilitate
ultimate disposal of the sewage at another site.
A municipality, municipal authority or person, natural or
legal entity, including the holding tank owner, who removes the contents
of a holding tank for the purpose of disposing of the sewage at a
DEP-approved site.
The Municipality of Pocono Township, Monroe County, Pennsylvania.
The project's legal and beneficial owner.
The regulations of the Pennsylvania Department of Environmental
Protection, Pa. Code, Title 25, Subpart C, Chapters 71 and 73, as
adapted; and all future regulations of the Department pertaining to
holding tanks.
The duly appointed Sewage Enforcement Officer of the municipality.
Any substance that contains any of the waste products, 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]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
The holding tank may be used subject to the provisions of this
article to temporarily serve for sewage disposal for new construction
in a proposed commercial development for a period not to exceed two
years, pending completion of a DEP-approved sewage treatment plant.
The municipality, at its option, shall have the right to enter
upon the premises for the purpose of removing the holding tank if
it remains in place for more than three days after written notice
from municipality to the owner that a specific violation of this article
has occurred. "Municipality," as used herein, shall mean the Township,
its employees or third parties contracted by the municipality for
the purpose of removing the holding tank. All costs and expenses of
removal shall be borne by the owner.
A.
The holding tank installed or maintained pursuant to this article
shall comply, in all respects, to the specifications set forth in
regulations of the DEP, 25 Pa. Code Chapter 73, inclusive.
B.
The holding tank shall be constructed to meet the specifications
of Pa. Code § 73.31(b) (relating to standards for septic
tanks).
C.
The minimum capacity of a holding tank shall be 1,000 gallons or
a volume equal to the quantity of waste generated in three days, whichever
is larger.
D.
The holding tank shall be equipped with a remote warning device to
indicate when the tank is filled to within 75% of its capacity. Such
warning device shall create an audible and visual signal at the location
of the licensed operator of the system.
E.
Disposal of waste from a holding tank shall be at a site approved
by the Department of Environmental Protection.
F.
The owner shall cause the holding tank and all lines, pipes or conduits
to the same to be maintained in good watertight condition at all times.
G.
The holding tank shall be installed on a firm and stable soil or
subsoil and in such manner as to prevent settlement or movement.
H.
The holding tank or lines to the holding tank shall not be covered
until the municipality's SEO shall have first inspected and approved
the installation and authorized covering the same. The owner shall
be responsible for furnishing the SEO reasonable notice of the installation.
I.
The owner shall clean the holding tank as frequently as may be required
to maintain the contents at a level less than 75% of the tank capacity.
J.
The holding tank shall be installed at least 50 feet downgrade from
any source of water supply.
K.
The holding tank shall be used for a maximum of two years; within
two years a central wastewater treatment plant must be built and in
operation.
L.
The DEP must have approved the Planning Module and the ultimate method
of wastewater treatment and disposal. Also, a permit for the collection
system will be obtained from the DEP prior to the installation of
the holding tank.
M.
Upon expiration of the two-year period commencing with the installation
of the holding tank, the owner shall disconnect and render inoperable
the holding tank installed under this article.
N.
The owner shall have a contract with a sewage hauler or must have
access to a sewage hauling truck.
O.
The owner shall have a contract with a permitted wastewater treatment
plant which will accept the holding tank wastes.
A.
The owner shall be deemed to have granted his consent for inspections
of the holding tank and facilities used in connection with the holding
tank by 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.
B.
The owner shall furnish the municipality a true and corrected copy
of all pumping receipts for cleaning or removing the contents of the
holding tanks upon request.
C.
The failure of an owner to permit inspection of the holding tank
or equipment or facilities used in connection with the holding tank;
or the failure of the owner to have the holding tank properly maintained
and pumped out; or the failure of the owner to furnish pumping receipts
to the municipality in the timely fashion shall be grounds for revocation
of the permit. In addition, the municipality may, at its option, cause
the holding tank to be closed for use, pumped out and/or repaired,
the cost of which shall be borne by the owner (or, if necessary, charged
against the letter of credit).
The developer or owner of the sewage system shall post a maintenance
bond or letter of credit equal to 110% of the cost of servicing the
holding tanks for a period of two years, which may be reduced at the
request of the developer or owner upon express approval by the Board.
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, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this article
shall, upon conviction in a summary proceeding, pay a fine of not
more than $1,000, plus the costs of prosecution, and, in default of
the payment of the fine and costs of prosecution, shall be imprisoned
for a period not exceeding 30 days.
