(1)

The owner of each holding tank shall enter into an agreement with the appropriate city, village or town guaranteeing that the local municipal unit which signed the agreement will service the holding tank, if the owner fails to have the holding tank properly serviced in response to orders issued by the Planning and Zoning Department. The agreement shall be binding upon the owner, the heirs of the owner and assignees of the owner. The agreement shall be filed with the Register of Deeds and shall be recorded in a manner which will permit the existence of the agreement to be determined by reference to the property where the holding tank is installed.

(2)

The owner or agent shall submit a copy of the Holding Tank Agreement when plans are submitted to the Planning and Zoning Department for review.

(3)

The Department may require the owner of a holding tank found to be violating the Maintenance Agreement to replace the holding tanks with a soil absorption system or, if the parcel is unsuitable for any type of soil absorption system, to hire a plumber to install a water meter and evaluate the holding tanks for code compliance and sign a new service contract which requires the certified septage servicing operator to report water meter readings at each pumping.