TURNER,
ADOPTED NOVEMBER 15,
1995
AMENDED APRIL 12, 1997
SECTION
This ordinance shall be known and cited as the
Town of
SECTION II. PURPOSE
The purpose of this Ordinance is to establish the
requirements for the use and maintenance of holding tanks utilized as
first time disposal systems designed to receive and retain wastewater
from commercial uses. It is hereby declared that the enactment of
this Ordinance is necessary for the protection, benefit, and
preservation of the health, safety and general welfare of the
inhabitants of the Town of
SECTION III. AUTHORITY
AND ADMINISTRATION
A. This Ordinance is hereby adopted and hereafter
amended pursuant to and consistent with Article VIII-A of the Maine
Constitution, the provisions of Title 30A M.R.S.A. Section 3001 and
the Maine Subsurface Waste Water Disposal Rules (144A CMR 241).
B. This Ordinance shall be administered by the
Local Plumbing Inspector.
SECTION IV. APPLICABILITY
This Ordinance applies to the approval for the
installation of and the maintenance of holding tanks utilized as
first time disposal systems for commercial uses not located in the Shoreland
Area as defined in the Town of
SECTION V. AMENDMENTS, VALIDITY AND SEVER ABILITY
AND EFFECTIVE DATE
A. AMENDMENTS
1. Initiation of Amendments: An amendment to this
Ordinance may be initiated by:
a. The Board of
Selectmen, provided a majority of the Board has so voted; or
b. Written petition of a number of voters equal to
at least 10% of the number of votes cast in the municipality in the
last gubernatorial election.
2. The Planning Board shall hold a public hearing
on the proposed amendment at least 14 days prior to a town meeting.
Notice of the public hearing shall be posted at the Town Office at
least 14 days prior to the hearing. Notice of the hearing shall be
published twice in a newspaper of general circulation in the area.
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The date of the first notice shall be at least 14
days before the hearing and the date of the second notice shall be at
least 7 days before the hearing.
3. Adoption of Amendments: An amendment to this
Ordinance may be adopted by a majority vote of the Town Meeting.
B. VALIDITY AND SEVER ABILITY
Should any section or provision of this Ordinance
be declared by any court to be invalid, such decision shall not
invalidate any other section or provision.
C. EFFECTIVE DATE
The effective date of this Ordinance is the date
of adoption by the Town Meeting on November 15, 1995.
SECTION VI. ENFORCEMENT
A. NUISANCES
Any violation of this Ordinance shall be deemed a
nuisance.
B. LOCAL PLUMBING INSPECTOR
It shall be the duty of the Local Plumbing
Inspector to enforce the provisions of this Ordinance. If the Local
Plumbing Inspector shall find that any provision of this Ordinance is
being violated, he shall notify in writing the person responsible for
such violation, indicating the nature of the violation and the action
necessary to correct it. A copy of such notices shall be maintained
as permanent record.
C. LEGAL ACTION
When the above action does not result in the
correction or abatement of the violation or nuisance condition, the
selectmen, upon notification from the Plumbing Inspector, are hereby
authorized and directed to institute any and all actions and
proceedings, either legal or equitable, including seeking injunctions
of violations and the imposition of fines, that may be appropriate or
necessary to enforce the provisions of this Ordinance in the name of
the municipality.
D. FINES
Any person, including but not limited to the
landowner, a landowners agent or a contractor who orders or conducts
any activity in violation of this Ordinance shall be penalized in
accordance with Title 30-A M.R.S.A. Section 4452. Each day the
violation exists shall be considered a separate violation. Such
persons shall also be liable for court costs and attorney fees
incurred by the Town of
SECTION VII. APPLICATION
PROCEDURE AND CONTENT
A. APPLICATION PROCEDURE
1. All applications for a Holding Tank Permit
shall be in writing on forms provided for that purpose. Applications
shall be received by the Plumbing Inspector during normal business
hours.
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2. The Plumbing Inspector shall provide the
applicant with a dated receipt at the time the application is
submitted.
3. Within fifteen (15) days of receiving an
application the Plumbing Inspector shall approve, with conditions or
deny the application.
B. FEES
All applications for a First Time Holding Tank
Permit shall be accompanied by an application fee of $10.00 payable
to the Town of
C. EXPIRATION OF APPROVALS
All Holding Tank Permit approvals shall expire one
(1) year after the date of issuance unless the work there under has
commenced. All work associated with the installation of a holding
tank shall be completed within six (6) months from the date that work
commenced.
D. All applications for a permit for a holding
tank for first time disposal shall be made in writing on forms
provided by the town for that purpose. The submission shall contain
the following information and exhibits.
1. Name of the owner (s) of record and applicant's
name and address, if different;
2. Sketch map showing the general location of the
property;
3. The tax map and lot number of the parcel;
4. A copy of the deed to the property, option to
purchase the property or other documentation to demonstrate right,
title or interest in the property on part of the applicant;
5. The Holding Tank Application Form shall be
accompanied by the required HHE 200 Form approved the Local Plumbing
Inspector;
6. A signed agreement between the property owner
and/or applicant and a transporter meeting applicable licensing
requirements to pump and maintain the tank; and
7. A report or other documentation from a Site
evaluator that indicates that due to site conditions, lot
configuration, or other constraints, the installation of a system
with a disposal field is not feasible.
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SECTION VIII. PERFORMANCE
STANDARDS
The Following standards shall be utilized by the
Plumbing Inspector in reviewing applications for a holding tank for
first time disposal systems. The Plumbing Inspector shall approve the
application unless it is found that the applicant has not satisfied
one or more of the following standards.
A. A holding tank for a first time disposal system
shall not be permitted in any Shoreland
Area as defined in the Town of
B. A holding tank for a first time disposal system
shall not be permitted to satisfy the requirements for a Seasonal
Conversion Permit under Title 30-A M.R.S.A. Section 4215 Subsection
2.
C. The installation of a disposal field is not
feasible due to site conditions, lot configuration or other
constraints.
D. The plumbing in the structure shall be modified
for maximum water conservation and all water closets shall meet or
exceed ASME A112.19.2 for 1.6 gallons per flush.
E. A deed covenant shall be required for
structures served by a holding tank. As a minimum, the covenant shall
include a statement that a holding tank is serving the structure for
the disposal of human sewage and wastewater. The aforementioned
statement shall be a separate stand-alone section or paragraph.
F. The agreement between the property owner and/or
applicant and transporter shall be filed by the applicant in the Town
Office and indicate the location of the Septage disposal site or
sites. Only those sites approved by the Maine Department of
Environmental Protection shall be utilized.
G. The holding tank shall be equipped with a
visual and audible alarm device. The alarm shall be located and
adjusted in a manner that assures the tank is pumped before it is
full.
SECTION IX. REPORTING
REQUIREMENTS
The applicant shall provided copies of all pumping
records to the Local Plumbing Inspector by January 15th of each year.
SECTION X. APPEALS
A. ADMINISTRATIVE APPEALS
The Board of Appeals, may, upon written
application of an aggrieved part and after public notice, hear and
decide appeals where it is alleged that there is an error in any
order, requirement, decision or determination made by, or failure to
act, by the Local Plumbing Inspector in the administration of this
Ordinance. Such appeals shall be taken within thirty (30) days of the
date of the decision.
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B. The Board of Appeals
shall not have the authority to allow holding tanks for first time
disposal system in locations or for uses prohibited by this
Ordinance.
C. An aggrieved party who participated as a party
during the proceedings before the Board of Appeals may take an appeal
to Superior Court in accordance with State laws within 45 days from
the date any decision of the Board of Appeals.
SECTION XI. DEFINITIONS
AGGRIEVED PARTY: an owner of land whose property
is directly affected by the granting or denial of a permit; or a
person whose land abuts or is across a road, street, or body of water
for which a permit is granted; or any other person or group of
persons who have suffered particularized injury as a result of the
granting or denial of a permit.
COMMERCIAL: provisions for services on the
premises, or the sale of goods to the general public on a regular
basis for a charge or fee other than home occupations. For the
purpose of this definition commercial shall also include the
assembling, fabrication, finishing, manufacturing,
packing or processing of goods. The term commercial shall not
include: single family residential dwelling units, duplexes,
multi-family dwelling units, mobile home parks, congregate housing,
group homes, hospice, nursing homes, elderly housing complexes,
hotels, motels, and dwellings or rooms for rent or lease.
HOLDING TANK: a closed, watertight structure
designed and used to receive and store wastewater or septic tank
effluent. A holding tank does not discharge wastewater or septic tank
effluent to surface or ground water or onto the surface of the
ground. Holding tanks are designed and constructed to facilitate
ultimate disposal of wastewater at another site.
LOCAL PLUMBING INSPECTOR: a person as defined in
Title 30-A M.R.S.A. Section 4221 and Title 30-A M.R.S.A. Section
4451.
SEASONAL CONVERSION PERMIT: written authorization
issued by the Local Plumbing Inspector to allow the conversion of a
seasonal dwelling unit located in a Shoreland
area to a year-round use.
SHORELAND AREA: the land area located within two
hundred and fifty feet (250) feet, horizontal distance, of the normal
high water line of any great pond or river; within seventy-five (75)
feet of a stream; or two hundred and fifty (250) feet of the upland
edge of a fresh water wetland.
WASTE WATER: any liquid waste containing animal or
vegetable matter in suspension or solution, or the water-carried
waste from the discharge of water closets, laundry tubs, washing
machines, sinks, dishwashers, or other sources of water-carried
wastes of human origin. This term specifically excludes industrial,
hazardous, or toxic wastes and materials.
Turner HTO 10/26/95 Amended: April 12, 1997