Holding Tank Ordinance

Adopted June 11, 1996

SECTION 1. Title

This Ordinance shall be known and cited as the Town of Paris, Maine Holding Tank Ordinance, and will be referred to as “this Ordinance”.

SECTION 2. 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 waste water 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 Paris, Maine.

SECTION 3. Authority and Administration

    1. This Ordinance is hereby adopted and hereafter amended pursuant to and consistent with Article VII-A of the Maine Constitution, the provisions of M.R.S.A. 30-A and the Maine Subsurface Waste Water Disposal Rules.
    2. This Ordinance shall be administered by the Local Plumbing Inspector.

SECTION 4. 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 Paris Shoreland Zoning Ordinance nor to satisfy the requirements for a Seasonal Conversion Permit. This Ordinance does not allow the use of holding tanks for the first time disposal systems for residential uses.

SECTION 5. Amendments, Validity and Severability and Effective Date

      1. Amendments
        1. Initiation of Amendments: An amendment to this Ordinance may be initiated.
          1. The Board of Selectmen, provided a majority of the Board has so voted; or
          2. Written petition of a number of voters equal to at least 10% of the number 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 the meeting of the Governing Body. 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 in a newspaper of general circulation in the area. 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 7 days before the hearing.
        3. Adoption of Amendments: An amendment to this ordinance may be adopted by a majority vote at a Town Meeting.
      2. Validity and Severability

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.

    1. Effective Date

The effective date of this ordinance is the date of adoption by the Town Meeting on June 22, 1996.

SECTION 6. Enforcement

A. Nuisances

Any violation of this ordinance shall be deemed a nuisance.

      1. 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.

      1. 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.

    1. Fines

Any person, including but not limited to the 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 as amended. Each day the violation exists shall be considered a separate violation. Such persons shall also be liable for court cost and attorney fees incurred by the Town of Paris.

SECTION 7. Application Procedure and Content

      1. 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 Norman business hours.
        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, approve with conditions or deny the application.
      2. 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 Paris. The Selectmen shall have the authority to revise the fee schedule after holding a public hearing.

      1. Expiration of Approvals

 

All holding tank permit approvals shall expire one (1) year after the date of issuance unless the work thereunder 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.

    1. All applications for a permit for a holding tank for the first time disposal shall be made in writing on forms provided for that purpose. The submission shall contain the following information and exhibits.
      1. Name 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 the part of the applicant;
      5. The holding tank application form accompanied by the required HHE 200 Form approved by 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.

SECTION 8. 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.

    1. A holding tank for a first time disposal system shall not be permitted in any Shoreland Area as defined in the Town of Paris Shoreland Zoning Ordinance.
    2. 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, as amended.
    3. The installation of a disposal of a disposal field is not feasible due to site conditions, lot configuration or other constraints.
    4. The plumbing in the structure shall be modified for maximum water conservation and all water closets shall meet or exceed ASME A 112.19.2 for 1.6 gallons per flush.
    5. 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 waste water. The aforementioned statement shall be a separate stand alone section or paragraph.
    6. 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 site or sites that the sewage will be disposed of. Only those sites approved by the Maine Department of Environmental Protection shall be utilized.
    7. 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 9. Reporting Requirements

The applicant shall provide copies of all pumping records to the Local Plumbing Inspector by January 15 of each year.

SECTION 10. Appeals

      1. Administrative Appeals

The Board of Appeals, may, upon written application of an aggrieved party 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.

 

    1. 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.
    2. 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 11. 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 water-tight structure designed and used to receive and store waste water or septic tank effluent. A holding tank does not discharge waste water or septic tank to surface or ground water or onto the surface of the ground. Holding tanks are designed and constructed to facilitate the ultimate disposal of waste water at another site.

Local Plumbing Inspector: a person defined in Title 30-A.M.R.S.A. Section 4221 as amended and Title 30-A.M.R.S.A. Section 4451, as amended.

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, dishwaters, or other sources of water-carried wastes of human origin. This term specifically excludes industrial, hazardous, or toxic wastes and materials.