§ 1979. Holding tanks
(a) The Secretary shall approve the use of sewage holding and pumpout tanks when he or
she determines that:
(1) the existing or proposed buildings or structures to be served by the holding tank
are publicly owned;
(2) the plan for construction and operation of the holding tank will not result in a public
health hazard or environmental damage;
(3) a designer demonstrates that an economically feasible means of meeting current standards
is significantly more costly than the construction and operation of sewage holding
and pumpout tanks, based on a projected 20-year life of the project; and
(4) the design flows do not exceed 600 gallons per day.
(b)(1) The Secretary shall approve the use of sewage holding and pumpout tanks for existing
or proposed buildings or structures that are owned by a charitable, religious, or
nonprofit organization when he or she determines that:
(A) the plan for construction and operation of the holding tank will not result in a public
health hazard or environmental damage;
(B) a designer demonstrates that an economically feasible means of meeting current standards
is significantly more costly than the construction and operation of sewage holding
and pumpout tanks, based on a projected 20-year life of the project; and
(C) the design flows do not exceed 600 gallons per day or the existing or proposed building
or structure shall not be used to host events on more than 28 days in any calendar
year.
(2) [Repealed.]
(3)(A) A permit issued under this subsection shall run with the land for the duration of
the permit and shall apply to all subsequent owners of the property being served by
the holding tank regardless of whether the owner is a charitable, religious, or nonprofit
organization.
(B) All permit conditions shall apply to a subsequent owner.
(C) A subsequent owner shall not increase the design flows of the holding and pumpout
tank system without approval from the Secretary.
(c) A holding tank may also be used for a project that is eligible for a variance under
section 1973 of this title, whether or not the project is publicly owned, if the existing wastewater system
has failed, or is expected to fail, and in either instance, if there is no other cost-feasible
alternative.
(d) When a holding tank is proposed for use, a designer shall submit all information necessary
to demonstrate that the holding tank will comply with the following requirements:
(1) The holding tank shall be capable of holding at least 14 days of the design flow from
the building.
(2) The tank shall be constructed of durable materials that are appropriate for the site
conditions and the nature of the sewage to be stored.
(3) The tank shall be watertight, including any piping connected to the tank and all access
structures connected to the tank. The tank shall be leakage tested prior to being
placed in service.
(4) The tank shall be designed to protect against floatation when the tank is empty, such
as when it is pumped.
(5) The tank shall be equipped with audio and visual alarms that are triggered when the
tank is filled to 75 percent of its design capacity.
(6) The tank shall be located so that it can be reached by tank pumping vehicles at all
times when the structure is occupied.
(7) The analysis supports a claim under subdivision (a)(3) of this section.
(e) The permit application shall specify the method and expected frequency of pumping.
(f) Any building or structure served by a holding tank shall have a water meter, or meters,
installed that measures all water that will be discharged as wastewater from the building
or structure.
(g) Any permit issued for the use of a holding tank will require a designer to periodically
inspect the tank, visible piping, and alarms. The designer shall submit a written
report to the Secretary detailing the results of the inspection and any repairs or
changes in operation that are required. The report also shall detail the pumping history
since the previous report, giving the dates of pumping and the volume of wastewater
removed. The frequency of inspections and reports shall be stated in the permit issued
for the use of the tank, but shall be no less frequent than once per year. The designer
also shall inspect the water meter or meters and verify that they are installed, calibrated,
and measuring all water that is discharged as wastewater. The designer shall read
the meters and compare the metered flow to the pumping records. Any significant deviation
shall be noted in the report and explained to the extent possible.
(h) The owner of a holding tank shall maintain a valid contract with a licensed wastewater
hauler at all times. The contract shall require the licensed wastewater hauler to
provide written notice of dates of pumping and volume of wastewater pumped. Copies
of all such notices shall be submitted with the written inspection reports. (Added 2001, No. 133 (Adj. Sess.), § 1, eff. June 13, 2002; amended 2013, No. 151 (Adj. Sess.), § 1; 2019, No. 64, § 20; 2019, No. 173 (Adj. Sess.), § 2, eff. Oct. 8, 2020.)