Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 241 - SUBSURFACE WASTEWATER DISPOSAL RULE › Appendix 144-241-A - MODEL HOLDING TANK ORDINANCE

Current through 2024-29, July 17, 2024
This Appendix is not intended to be enforced as
				  part of the Subsurface Wastewater Disposal Rules" minimum requirements.
				  Elements enclosed by brackets, [ ], must be replaced with specific
				  language.
BE IT ENACTED AND ORDAINED
by the
				  [Selectmen/Councilmen] of the [Town/City/Township], [County Name], and it is
				  hereby enacted and ordained as follows:
Section 1. Purpose.
The purpose of this
				  Ordinance is to establish procedures for the use and maintenance of holding
				  tanks designed to receive and retain wastewater from residential or 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
				  welfare of the inhabitants of this municipality.
Section 2. Definitions.
Unless the context
				  specifically and clearly indicates otherwise, the meaning of terms used in this
				  Ordinance is as follows:
"Authority"
means [Selectmen/Councilmen] of
				  [Town/City/Township], [County Name] County, Maine.
"Holding tank" means:
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.
"Improved property"
means any property within
				  the municipality upon which there is a structure intended for continuous or
				  periodic habitation, occupancy, or use by humans or animals and from which
				  structure wastewater may be discharged.
"Municipality"
means [Town/City/Township],
				  [County Name] County, Maine.
"Owner"
means any person vested with ownership,
				  legal or equitable, sole or partial, of any property located in the
				  municipality.
"Person"
means any individual, partnership,
				  company, association, corporation, or other group or entity.
"Wastewater"
means any domestic wastewater, or
				  other wastewater from commercial, industrial, or residential sources which has
				  constituents similar to that of domestic wastewater. This term specifically
				  excludes industrial, hazardous, or toxic wastes and materials.
Section 3. Rights and privileges granted.
The
				  Authority is hereby authorized and empowered to undertake, within the
				  municipality, the control of, and methods of, disposal of holding tank
				  wastewater and the collection and transportation thereof.
Section 4. Rules and regulations to be in conformity
				  with applicable law.
All such rules and regulations adopted by the
				  Authority must be in conformity with the provisions herein, all other
				  ordinances of the [Town/City/Township], all applicable laws, and applicable
				  rules and regulations of the administrative agencies of the State of Maine.
				  Holding tanks cannot be used for seasonal conversion or new construction within
				  the shoreland zone of a major water course.
Section 5. Rates and changes.
The Authority
				  shall have the right and power to fix, alter, charge, and collect rates,
				  assessments, and other charges in the area served by its facilities at
				  reasonable and uniform rates, as authorized by applicable law.
Section 6. Exclusiveness of rights and
				  privileges.
The collection and transportation of all wastewater from any
				  improved property utilizing a holding tank must be done solely by, or under the
				  direction and control of, the Authority, and the disposal thereof must be made
				  at such site or sites as may be approved by the Maine Department of
				  Environmental Protection.
Section 7. Duties of owner of improved property.
The owner of an improved property that utilizes a holding tank must:
A. Maintain the holding tank in conformance with this or any
				  other Ordinance of this [Town/City/Township], the provisions of any applicable
				  law, the rules and regulations of the Authority, and any administrative agency
				  of the State of Maine; and
B. Permit only the Authority, or its agent, to collect,
				  transport, and dispose of the contents therein.
Section 8. Violations.
Any person who violates
				  any provisions of Section
				  7 must, upon conviction thereof by
				  summary proceedings, be sentenced to pay a fine of not less than One Hundred
				  and not more than Three Hundred dollars, plus costs.
Section 9. Abatement of nuisances.
In addition
				  to any other remedies provided in this ordinance, any violation of Section
				  7 above constitutes a nuisance and
				  must be abated by the municipality or Authority by seeking appropriate
				  equitable or legal relief from a court of competent jurisdiction.
Section 10. Alternative disposal.
An alternative
				  means of wastewater disposal must meet first time system criteria. Replacement
				  system criteria must not be considered.
Section 11. Repeal.
All ordinances or
				  resolutions, or parts of ordinances or resolutions, insofar as they are
				  inconsistent herewith, are hereby repealed.
Section 12. Severability.
If any sentence,
				  clause, Section, or part of this ordinance is for any reason found to be
				  unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or
				  invalidity must not affect or impair any of the remaining provisions,
				  sentences, clauses, sections, or parts of this ordinance.
Section 13. Effective date.
This ordinance
				  becomes effective five days after its adoption.
ENACTED AND ORDAINED
into an Ordinance this
				  [Day]day of [Month], [Year] A.D., by the [Selectmen/Councilmen] of the
				  [Town/City/Township] of [County Name] County in lawful session duly
				  assembled.
[Selectmen/Councilmen] of [Town/City/Township]
				  Signatures:
Signature _______________________________________________
				  Date __________________
Signature _______________________________________________
				  Date __________________
Signature _______________________________________________
				  Date __________________
Signature _______________________________________________
				  Date __________________
Signature _______________________________________________
				  Date __________________