The purpose of this Ordinance is to establish procedures for the use and maintenance of holdings 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 the municipality.

Section 2 Definitions.

Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this Ordinance shall be as follows:

"Authority" shall mean Councilmen of Fort Kent, Aroostook County, Maine.

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.

"Improved property" shall mean 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 shall or may be discharged.

"Municipality" shall mean Fort Kent, Aroostook County, Maine.

"Owner" shall mean any person vested with ownership, legal or equitable, sole or partial, of any property located in the municipality.

"Person" shall mean any individual, partnership, company, association, corporation, or other group or entity.

"Waste water" shall mean any liquid waste containing animal or vegetable matter in suspension or solution, or the water-carried wastes from the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers, or other source of water-carried wastes of human origin. This term specially 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 shall be in conformity with the provisions herein, all other ordinances of the Town of Fort Kent, 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, see Subsection 301.3, or new construction within the shoreland zone of a major water course.

Section 5 Rates and charges.

The Authority shall have the right and power to fix, alter, charge, and collect rates, assessments, and other charges in the are 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 shall be done solely by, or under the direction and control of, the Authority, and the disposal thereof shall 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 shall: A. Maintain the holding tank in conformance with this or any other Ordinance of the Town of Fort Kent, 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 shall, 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 shall constitute a nuisance and shall 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 shall meet first time system criteria. Replacement system criteria shall 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 shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this ordinance.

ENACTED AND ORDAINED into an Ordinance this day of A.D., 1996 of the Councilmen of the Town of Fort Kent of Aroostook County in lawful session duly assembled.

APPENDIX A:

APPLICATION /AGREEMENT FOR HOLDING TANK INSTALLATION

PROPERTY OWNER INFORMATION

Name__________________________________________________________________

Mailing Address_________________________________________________________

City/Town________________________________State___________Zip____________

Daytime telephone number____________-_____________-_______________________

PROPERTY LOCATION

Street, Road ,Route_______________________________________________________

City/Town________________________________State__________Zip_____________

APPLICATION FOR (check one)

__First Time Installation (If this is checked, give Town’s Ordinance adoption date___/___/___
__First Time Installation, non-residential only, less than 100gpd or 500 gal/week

__Replacing an existing overboard discharge, surface wastewater discharge or malfunctioning subsurface wastewater system

__Replacing an existing holding tank

CONDITIONS FOR APPROVAL

· The installation of a conventional disposal system is not possible due to unacceptable site and/or soil conditions, lot configuration, or other constraints

· Public sewer is no available.

· All existing or proposed plumbing fixtures shall be installed or modified for water conservation and all water closets shall meet the Federal standard of 1.6 gallons per flush.

REQUIRMENTS FOR APPROVAL

A Completed Application shall consist of:

· This form (HHE-223) completed with all signatures.

· A completed Subsurface Wastewater Disposal System Application (HHE-200) prepared by a Licensed Site Evaluator.

· Holding Tank Deeds Covenant Form, HHE-300 3/97

· Replacement System Variance Request Form, as necessary.

PROPERTY OWNER INFORMATION AND REQUIREMENTS

I (we), __________________________________own the property described in the Application/Agreement.

1. Holding tanks require regular pumping by a licensed pumper. The owner must pay this service.

2. The holding tank will be pumped at least once a year by the pumper listed on this application. Another pumper may be used if the listed pumper is notified and the LPI approves the change. The new pumper will then be listed on an attachment to this agreement.

3. A water meter shall be installed at the owner’s expense if required by the LPI.

4. All records of pumping and water use (if required) must be kept for at least three years and shall be made available to the LPI or other official if requested.

5. A holding tank for new construction can only be replaced by a system meeting first time system requirements.

6. Once approved this form must be recorded at the Registry of Deeds, cross referenced to the owner’s deed.

7. We agree to comply with any additional requirements of the Town.

We state that all the information presented with this application is true and accurate, we acknowledge the foregoing items and agree to comply with all the requirements.

Property Owner (s) Signature____________________________________Date________________

Page 1, HHE-233 (Rev 3/97)

Application/Agreement for Holding Tank Installation

Owner______________________________________________Property Location___________________________

SITE EVALUATION STATEMENT

I, ________________________________________state that I have evaluated the subject property and found that a subsurface wastewater disposal system is not practical. Secondly, I have completed a Subsurface Wastewater Disposal System Application (HHE-200) proposing a holding tank installation for the property’s wastewater disposal.

Site Evaluator’s Signature__________________________________Date_________________

HOLDING TANK PUMPER INFORMATION

Business owner’s name__________________________________License #____________________

Business Name____________________________________________________________________

Mailing address____________________________________________________________________

City______________________________State____________________Zip_____________________

Business telephone_____________-___________________-___________________

Max. truck hauling capacity_______________________________gallons

Can pump:______________seasonally__________________year round___________

DEP licensed disposal site location.

HOLDING TANK PUMPER STATEMENT

I, ___________________________________________, own and operate a Septage pumping business named in the Application/Agreement, and have contracted with the property owner(s) to pump and properly dispose of the tank’s waste. I further state that the wastewater will be disposed of at a Department of Environmental Protection licensed disposal location.

Holding Tank Pumper’s Signature__________________________________Date_____________

Municipal Officers Statement

I (we) have reviewed the information submitted in support of this application.

I (we) find that the installation of the holding tank will not violate any local ordinances.

I (we) will authorize the LPI to enforce the requirement of this agreement, the Subsurface Wastewater Disposal Rules

and any local ordinances, including record keeping and required pumping.

I (we) recommend that the LPI issue the necessary permits for the installation of the holding tank.

Signature______________________________Title____________________Date___________

Local Plumbing Inspector’s Statement

I have reviewed this application and find that the issuance of a permit for the holding tank complies with the Subsurface Wastewater Disposal Rules and all pertinent local ordinances.

Additional Requirements:____________________________________________________

________________________________________________________________________

Signature___________________________________________Date________________________

Page 2, HHE-233 (Rev 3/97)