[Ord. No. 2022-01, 1/3/2022]
The following definitions shall apply for the use and purposes
of this Part:
For the purposes of this Part shall mean the Department of
Environmental Protection of the Commonwealth of Pennsylvania and its
duly authorized officials and representatives.
For the purposes of this Part shall mean either a cash escrow
account, surety bond, or letter of credit. An escrow account shall
be in the form of the Township's standard agreement for escrow
accounts. A surety bond or letter of credit shall be in a form and
issued by the appropriate financial institution in the reasonable
discretion of the Township.
A watertight receptacle, whether permanent or temporary, which receives and retains sewage conveyed by a water-carrying system. (Refer to 25 Pa. Code § 71.1, Definitions, under the definition of "retaining tank.") The holding tank shall be designed and constructed (refer to § 18-106, Size and Specifications, of this Part) to facilitate the interim storage of sewage pending the ultimate disposal of the sewage at another site in accordance with applicable law.
Any area of land within the Township upon which there is
existing or proposed a structure or building used, or intended for
use, for continuous or periodic habitation, occupancy, or use by human
beings or animals for non-residential purposes, and from which structure
or building sewage shall or may be discharged.
For purposes of this Part shall mean one or more single-family
residences in a single building or structure, or on a single lot or
parcel.
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 which may be harmful to the
public health, safety, or welfare, or to any animal or aquatic life
or to the use of land or the use of water for domestic water supply
or recreation.
The duly authorized Sewage Enforcement Officer of the Township.
[Ord. No. 2022-01, 1/3/2022]
Holding tanks, in compliance with this Part, shall be deemed
to be an acceptable sewage disposal system, where neither connection
to an existing centralized sewerage system, nor the construction of
a centralized sewerage system with treatment plant, nor an in-ground
on-lot individual or community sewage disposal system, is feasible.
[Ord. No. 2022-01, 1/3/2022]
1.
Landowners of improved non-residential property.
A.
Landowners of improved non-residential property may request the issuance
of a permit to utilize a holding tank on such property.
B.
The Township may issue such permit upon compliance with this Part
and other applicable law.
C.
The Township may require that the landowner submit, along with the
customary documentation required for a sewage disposal permit, a feasibility
report prepared by a professional engineer licensed in the Commonwealth
of Pennsylvania or properly authorized Sewage Enforcement Officer.
D.
The feasibility report suggesting a holding tank should describe
the cause for recommending a holding tank, which could include any
of the following, without limitation:
(1)
To solve an existing pollution or public health problem;
(2)
To overcome specific site suitability deficiencies, or as a
substitute for other sewage disposal systems;
(3)
To overcome specific engineering problems related to the site
or its proposed use; or
(4)
To utilize, under varying site conditions, an experimental design,
either in whole or in part, which has been deemed successful by the
Department.
2.
Residential properties.
A.
The Township also recognizes that residential properties may, from
time to time, on an emergency basis, benefit from use of holding tanks.
B.
As long as the requirements of this Part and other applicable laws
are complied with, this Part shall not be construed to prevent short-term
(in the discretion of the Township) use of holding tanks for residential
properties.
[Ord. No. 2022-01, 1/3/2022]
1.
The Township may require, as condition for issuance of a holding
tank permit, that the permittee post financial security reasonably
acceptable to the Township.
2.
The financial security may be withdrawn and paid to the Township
to reimburse the Township for any expenses reasonably incurred by
the Township as a result of the permittee's noncompliance with
this Part, the permit, or any applicable law.
3.
The Township shall establish the amount of the financial security
for each permit on an annual basis. The amount shall include sufficient
funds for the total of the following, at minimum:
A.
The cost of one annual inspection by the Sewage Enforcement Officer
and associated administrative fees, in accordance with a fee schedule
that may be adopted by the Township from time to time.
B.
Estimated annual maintenance costs, as determined by the Sewage Enforcement
Officer in his reasonable discretion.
C.
The estimated cost of pumping the holding tank and proper disposal
of the sewage from the holding tank for a period of 60 days' operation.
The amount of this component of the financial security shall be determined
by the Sewage Enforcement Officer in his reasonable discretion by
the following calculations:
(1)
The total volume of sewage for the 60 days shall be calculated
by multiplying the daily average flow per the permit by 60.
(2)
The projected number of "pump-outs" during the sixty-day period
shall be calculated by dividing the total volume as above by 75% of
the rated capacity of the holding tank. (Any fractional or decimal
number shall be rounded up to the next whole number.)
(3)
The estimated cost of pumping the holding tank and proper disposal
of the sewage from the holding tank for a period of 60 days' operation
shall then be calculated by multiplying the number of pump-outs per
Subsection (C)(2) above by a typical market cost for one similar pump-out
in the Township's vicinity of Northampton County at the time
of such calculation.
[Ord. No. 2022-01, 1/3/2022]
1.
Holding tanks may be used and the Township may issue a permit for
the use of a holding tank only when and where the Department finds
and gives written notice to the Township that the requirements of
25 Pa. Code Chapter 71 (relating to administration of sewage facilities
planning program) have been met. (Refer to 25 Pa. Code § 73.61,
General.)
2.
The Township may impose reasonable conditions on the issuance of
a permit for a holding tank as are necessary for the operation and
maintenance of holding tanks to prevent a nuisance or public health
hazard. Such conditions may include, but are not limited to, the following,
depending on the circumstances of each situation:
A.
Payment of fees for the initial issuance and renewals of the permit.
C.
Entering into an agreement with the Township governing the permittee's
proper operation and maintenance of the holding tank, such agreement
to be acceptable to the Township. The agreement may be recorded in
the office of the Recorder of Deeds of Northampton County.
3.
The Board of Supervisors is hereby authorized to establish, alter,
charge, and collect fees for review of applications, for the issuance
of permits associated therewith and for inspections associated with
the installation and operation of holding tanks. Such fees shall be
reasonable and uniform, and shall be published as part of the Township's
fee schedule from time to time as they may be amended.
[Ord. No. 2022-01, 1/3/2022]
1.
The normal capacity of the holding tank shall be between 1,000 to
6,000 gallons, as may be determined by the Sewage Enforcement Officer
in his reasonable discretion, or a volume equal to the quantity of
sewage generated in three days, whichever is larger.
2.
Holding tanks must meet the specifications as set forth in 25 Pa.
Code § 73.62, Standards for Holding Tanks, and § 73.31,
Standards for Septic Tanks, Subsection (b)(1), as each may be amended,
as applicable.
[Ord. No. 2022-01, 1/3/2022]
1.
The collection, transportation, and disposal of all sewage from the
holding tank may be performed only by duly authorized and licensed
haulers, the Township, or its duly appointed agents, in conformity
with applicable laws.
2.
The disposal of sewage from the holding tank shall be performed only
at such site or sites as are approved by the Department.
3.
This Part is not intended to create any liability on the landowner
for the negligence or other fault of others in the transportation,
handling, or disposal of the sewage.
[Ord. No. 2022-01, 1/3/2022]
1.
The Township, through its Sewage Enforcement Officer, shall inspect
permitted holding tanks on an annual basis. The Sewage Enforcement
Officer shall complete and retain written reports of such inspections,
copies of which shall be made available to the landowner.
2.
The Township, through its Sewage Enforcement Officer, shall collect,
review, and retain pumping receipts from permitted holding tanks.
[Ord. No. 2022-01, 1/3/2022]
1.
The landowner of property utilizing a holding tank shall be responsible
for maintaining the holding tank in conformance with this Part and
other applicable laws, including the DEP regulations.
2.
The landowner shall permit the proper government officials, including,
but not limited to, the Sewage Enforcement Officer and the Department,
to inspect the holding tank on an annual basis, or more frequently
if determined necessary by said governmental officials.
[Ord. No. 2022-01, 1/3/2022]
1.
To the extent that the DEP regulations may be amended to provide
for more stringent standards or address matters other than those set
forth in this Part, then those amended provisions of the DEP regulations
shall supersede and control over this Part.
[Ord. No. 2022-01, 1/3/2022]
1.
The failure of a landowner to properly operate, pump out, and maintain
a holding tank in compliance with its permit, applicable laws and
regulations, and any agreement with the Township, is hereby and shall
be deemed to be a nuisance detrimental to the public health, safety,
and welfare, and may be abated or removed by the Township in accordance
with law.
2.
The Township may file and collect a municipal claim and municipal
lien against the property where the holding tank is located, and/or
any property which is served by or discharges sewage to the holding
tank, to recover any costs, expenses, and fees, including, without
limitation, repair, maintenance, pumping, and construction costs,
inspection and administrative fees, attorney fees, and technical expert
fees, that the Township incurs relating to the abatement of such a
nuisance, in accordance with the Municipal Claims and Tax Liens law
(53 P.S. Chapter 25, § 7101 et seq., as amended[1]), particularly § 7107. Entitlement to Liens
for Taxes, Removal of Nuisances, Grading, Paving; Assignment by Municipal
Authority; Claim to Use of Contractor.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
[Ord. No. 2022-01, 1/3/2022]
All ordinances or parts of ordinances inconsistent with the
provisions contained in this Part are hereby repealed as of the effective
date of this Part; provided, however, that such repeal shall only
be to the extent of such inconsistency, and any valid legislation
of the Township which is not in conflict with the provisions of the
Part shall be deemed to remain in full force and effect.
[Ord. No. 2022-01, 1/3/2022]
1.
The adoption of this Part and the repeal of ordinances provided for in Section 12 of this Part shall not affect the following rights and obligations pertaining to the subject matter of this Part which are hereby expressly saved from repeal; provided, however, that the repeal of ordinances pursuant to § 18-112 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:
A.
Any right or liability established, accrued, or incurred under any
ordinance prior to the effective date of this Part, or any action
or proceeding brought for the enforcement of such right or liability,
or any cause of action acquired or existing.
B.
Any offense or act committed or done before the effective date of
this Part in violation of any prior ordinance of the Township or any
penalty, punishment, or forfeiture which may result therefrom.
C.
Any permit, license, or right heretofore granted or conferred by
the Township, or any lawful contract, obligation, or agreement.
[Ord. No. 2022-01, 1/3/2022]
If any sentence, clauses, section, or part of the Part is for
any reason found to be unconstitutional, illegal, or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections,
or part of this Part. The Board of Supervisors of Lower Mount Bethel
Township hereby declare as the intent of Township that this Part would
have been adopted had such unconstitutional, illegal, or invalid sentence,
clause, section, or part thereof not been included herein.
[Ord. No. 2022-01, 1/3/2022]
1.
This Part may be enforced by:
A.
An 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, with criminal fines not
to exceed $1,000 per violation; or
B.
An action in equity.
C.
A separate offense shall arise for each day or portion thereof in
which a violation in found to exist, or for each section of the Part
which is found to have been violated.
D.
All fines and penalties collected for the violation of this Part
shall be paid to the Township Treasurer.
E.
The initial determination of violations of this Part and the service
of notices of violation shall be delegated to the Township's
Sewage Enforcement Officer.
