Section 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.(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. 6/13/2002; amended 2013, No. 151 (Adj. Sess.) , § 1; 2019 , No. 64 , § 20; 2019, No. 173 (Adj. Sess.) , § 2, eff. 10/8/2020.