Township of Warwick, PA Holding Tanks

To protect, benefit and preserve the health, safety and welfare of the residents of Warwick Township by establishing procedures for approving, on a case-by-case basis, the use, care, emptying and maintenance of holding tanks designed to receive and retain certain sewage from certain residential, commercial, institutional and industrial uses where connection to sanitary sewers is anticipated within two years from the date a permit is issued.

To ensure proper maintenance, use and care of holding tanks now in existence.

To authorize the adoption of rules and regulations pertaining thereto.

§ 153-2 Definitions.

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

AUTHORITY

The Warwick Township Water and Sewer Authority.

BOARD OF SUPERVISORS

The duly elected or appointed governing body of the Township.

COMMERCIAL USE

Any building from which a wholesale or retail business is conducted.

DEP

The Pennsylvania Department of Environmental Protection or its successor.

HOLDING TANK

A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site, as defined in 25 Pa. Code § 71.63. "Holding tanks" include but are not limited to the following:

CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.

RETENTION TANKA holding tank to which sewage is conveyed by a water carrying system.

VAULT PIT PRIVYA holding tank designed to receive sewage by methods other than pressure.

INDUSTRIAL USE

Any building from which a nonresidential or noncommercial use is permitted within the Limited Industrial Zoning District in the Township.

INSTITUTIONAL USE

Any building from which a use such as a church, firehouse or public building not involving residential or commercial use is permitted. Specifically excluded are dormitories and other quasi-institutional buildings designed for human occupancy.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.

PERSON

Any individual, partnership, company, association, corporation or other group or entity.

RESIDENTIAL USE

Any building constructed for the primary purpose of housing individuals or families, such as a house, apartment or dormitory.

SEWAGE

Any substance that contains any of the waste products, excrement or other discharge from the bodies of human beings. Human blood or the results of medical procedures, industrial processed wastes, chemicals or hazardous waste are included within the definition only if specifically authorized in writing by the Authority. Specifically excluded from the definition are any substances which are harmful to the public health, harmful to animal or aquatic life, harmful to the use of water for domestic water supply or recreation or in any way harmful or deleterious to the Authority's sewage treatment plant.

TOWNSHIP

Warwick Township, Bucks County, Pennsylvania.

§ 153-3 Rights and privileges granted.

The Township Board of Supervisors and its duly authorized agents are hereby authorized and empowered to manage, regulate and control the use, care and maintenance of holding tanks within the Township and the collection, transportation and disposal of holding tank sewage within the Township.

§ 153-4 Rules and regulations.

All rules and regulations adopted by the Township pursuant to this article shall be in conformity with the provisions hereof, other ordinances of the Township and all applicable laws and regulations of Bucks County and the Commonwealth of Pennsylvania and administrative agencies thereof and the provisions of 25 Pa. Code Chapters 71 and 73.

§ 153-5 Collection and transportation.

All sewage from any residential, commercial, institutional or industrial use utilizing a holding tank shall be collected under the direction and control of the Township or its duly authorized agents and the disposal thereof shall be made only at the sewage treatment plant owned and operated by the Authority or such other site as many be specifically authorized in writing by the Authority and the Bucks County Department of Health.

§ 153-6 Procedure for obtaining holding tank permit.

Before a holding tank may be lawfully constructed, installed or used to service a residential, commercial, institutional or industrial use on any property in the Township, the property owner shall:

File an application for a holding tank permit with the Township and ultimately obtain a suitability determination from the Township, indicating that the issuance of a holding tank permit will be in accordance with the Township sewer plan and all the applicable governmental regulations relating to the same.

Apply for and obtain, at the property owner's cost and expense, approval from the DEP for the necessary revisions to the Township's Act 537[1] official plan and DEP approval of the replacement schedule of the holding tank by public sewers.

[1]

Editor's Note: See 35 P.S. § 750.1 et seq.

Apply for and obtain an on-lot sewage permit for the holding tank from the Bucks County Department of Health in accordance with the regulations under Act 537.

File with the Authority a copy of the Bucks County Department of Health application and permit and a sketch showing the location and design of the on-lot sewage system on the property.

Obtain the Authority's written approval of and provide evidence to the Authority of a fully executed written agreement between the property owner and a contractor approved by the Authority, which agreement shall provide for regular cleaning and emptying of the holding tank and for the hauling and disposal of holding tank sewage to the Authority's treatment plant or such other site as is approved by the Authority and the Bucks County Department of Health.

Submit such additional information as the Authority Engineer may require and direct in order to complete the Authority's review of the holding tank permit application. The approval of the Engineer for the Authority, indicating that the holding tank complies with the provisions of this article and all other applicable regulations and laws, shall be one of the prerequisites and conditions to the granting of a holding tank permit.

Deposit the sum of money or provide financial security, in the form and amount as provided by the rules and regulations promulgated pursuant to this article and satisfactory to the Solicitor of the Authority. These funds will be held by the Authority and used in the event that the Township or the Authority is required to obtain or perform any services in any way relating to the use, care, cleaning, emptying and maintenance of the holding tank upon default of the provisions of the issuance of the holding tank permit. The Township or the Authority shall have the right to utilize the entire escrow deposit to perform such services relating to the holding tank or as reimbursement for its expenses incidental to the costs thereof in order to ensure compliance with the provisions of this article and other applicable regulations of the Bucks County Department of Health or DEP, and the property owner shall indemnify, defend and save the Township and the authority harmless on account of the same.

Pay all fees required by the rules and regulations promulgated pursuant to this article and in accordance with the schedule of fees adopted by the authority and/or the township, [2] from time to time, regarding holding tanks.

[2]

Editor's Note: The Warwick Township Fee Schedule is on file in the Township office. See also Ch. 81, Fees.

Execute an agreement to indemnify and hold the Authority and the Township harmless in the event of any claim against the Township and/or the Authority arising from the installation, use, maintenance or operation of the holding tank in violation of this article or other law or regulation of applicable governmental agency.

§ 153-7 Duties of property owner.

The owner of a property who utilizes a holding tank and to whom a holding tank permit is issued shall:

Maintain the holding tank in conformity with ordinances of the Township, the provisions of any applicable law and the rules and regulations of the Township, the Authority and the Commonwealth of Pennsylvania and all the applicable agencies thereof.

Permit only persons authorized and approved by the authority to collect, transport and dispose of the contents therein.

Clean, empty, repair and maintain the holding tank in order to prevent health hazards, including, without limitation, odors, leaks, overflows and similar problems, and provide to the Authority, at least quarterly, detailed records regarding all services performed and required to be performed with regard to the same.

Provide and maintain access to the holding tank for purposes of inspection, cleaning, emptying and hauling its contents, including, if necessary, by the Township, the Authority or its duly authorized agents.

Pay all costs incurred and charged by the Authority and the Township related to permitting, installing, repairing, maintaining, cleaning, emptying and inspecting the holding tank.

Comply with and abide by any written directives issued by the Township or the Authority pertaining to the holding tank.

Otherwise abide by and comply with the provisions of this article and all rules and regulations promulgated by the Township and/or the Authority or any other applicable governmental agency relating to or governing holding tanks.

§ 153-8 Delegation of administrative responsibility.

Without limiting its right to enforce the provisions of this article, the Township hereby designates the Authority as its agent to administer the provisions of this article. The Authority shall receive, review and retain the aforesaid quarterly records required to be submitted by the property owner as well as the holding tank pumping receipts. The Authority shall perform an inspection of all holding tanks existing in the Township, at the property owner's expense, at least annually but more frequently if violations of this article shall occur pertaining to such holding tank. The results of such inspection shall be retained by the Authority and may form the basis for a written direction by the Authority to a property owner to correct any malfunction in the holding tank and/or to prevent or prohibit any health hazard resulting from the use, maintenance or operation of a holding tank in violation of this article.

§ 153-9 Violations and penalties.

Any person who violates any provision of this article or the rules and regulations adopted pursuant hereto, including a written directive by the Authority or the Township regarding a holding tank or corrective action necessary to cure or eliminate a holding tank malfunction, overflow or a public health hazard resulting from the operation or existence of the holding tank, shall, upon conviction in summary proceedings, be sentenced to pay a fine of not more than $1,000 per violation per day for each day that a violation occurs or continues to occur.

Recognizing that the Township and the Authority ultimately are responsible for the maintenance of holding tanks in order to prevent public health hazards, any person violating any provision of this article, the rules and regulations promulgated pursuant hereto or any Authority or Township written directive concerning holding tanks shall be liable to the Township or the Authority, as applicable, for all costs, including the reasonable attorney's fees, expended or incurred by the Township or the Authority to enforce the terms of this article or to perform any actions with regard to a holding tank which should have been performed by any person to whom a holding tank permit has or should have been issued under this article.

§ 153-10 Connection to public sewers.

Where sanitary sewer lines are to be constructed pursuant to an approved development plan and a holding tank lawfully is permitted to be used prior to the availability of public sewers, such sewer lines shall be installed according to specifications of the Authority and capped until the public sanitary sewer lines become available for use. The holding tank must be disconnected and disposed of in accordance with the Township holding tank permit, and the property owner shall make proper connection to the sanitary sewer in accordance with the written notice to make such connection sent by the Authority or the Township, as the case may be. The schedule for connecting to public sewers shall be approved by the DEP.

§ 153-11 Abatement of nuisances.

In addition to other remedies provided in this article, any violation of this article shall constitute a nuisance and may be abated by the Township by seeking appropriate equitable or legal relief from a court of competent jurisdiction.

§ 153-12 Duration of permit; termination; application for renewal.

A holding tank permit shall be issued for a period of no longer than two years but shall terminate immediately upon written notice from the Township or the Authority in the event of any of the following:

(1)

Availability of public sewers to the property for which a holding tank permit has been issued.

(2)

Any violation of the provisions of this article, the rules and regulations adopted pursuant hereto or regulations of any governmental agency having jurisdiction over the holding tank.

(3)

Failure to correct or cure a malfunction in the operation, use or care of the holding tank or to abate a public health hazard in accordance with and after written notice thereof from the Authority or the Township.

An application for the renewal of a holding tank permit shall be submitted to the Township and the Authority at least 90 days prior to the expiration of an existing holding tank permit in any case where the holding tank permittee has not been directed to connect to public sanitary sewer service prior to the expiration of the holding tank permit. In such case, the determination of renewal of the holding tank permit and the term thereof shall be determined by the Township in accordance with the provisions of this article and other applicable regulations of governmental agencies having jurisdiction over holding tanks.