The purpose of this article is:
A. 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.
B. To ensure proper maintenance, use and care of holding
tanks now in existence.
C. To authorize the adoption of rules and regulations
pertaining thereto.
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.
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:
B.
RETENTION TANKA holding tank to which sewage is conveyed by a water carrying system.
C.
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.
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.
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.
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.
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:
A. 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.
B. 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 official plan and DEP approval of the replacement schedule
of the holding tank by public sewers.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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, from time to time, regarding holding tanks.
I. 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.
The owner of a property who utilizes a holding
tank and to whom a holding tank permit is issued shall:
A. 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.
B. Permit only persons authorized and approved by the
authority to collect, transport and dispose of the contents therein.
C. 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.
D. 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.
E. 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.
F. Comply with and abide by any written directives issued
by the Township or the Authority pertaining to the holding tank.
G. 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.
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.
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.
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.