[Adopted 9-17-2015 by Ord. No. 336[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
V, Holding Tanks, adopted 10-21-1976 by Ord. No. 125, as amended.
This ordinance was originally adopted as Ch. 151 but was renumbered
to maintain the organization of the Code.
The purpose of this article is to establish procedures for the
use and maintenance of holding tanks when the Township and/or the
Pennsylvania Department of Environmental Protection (PADEP) determine
that the use of a holding tank is necessary to abate a nuisance or
public health hazard. This article also applies to institutional,
recreational, or commercial establishments with a sewage flow of 800
gallons per day or less. It is hereby declared that the regulations
of this article are necessary for the protection, benefit and preservation
of the health, safety, and welfare of the residents of Forks Township.
A.
RETAINING TANK
(1)
(2)
(3)
(4)
(5)
(6)
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
A watertight receptacle, whether permanent or temporary,
that receives and retains sewage, and is designed and constructed
to facilitate ultimate disposal of the sewage at another facility.
Holding tanks include but are not limited to the following:
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
COMPOSTING TOILETA device for holding and processing human and/or organic kitchen waste employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.
HOLDING TANKA tank, whether permanent or temporary, to which sewage is conveyed to it by a water-carrying system.
INCINERATING TOILETA device capable of reducing waste materials to ashes.
PRIVYA tank designed to receive sewage where water under pressure is not available.
RECYCLING TOILETA device in which the flushing medium is restored to a condition stable for reuse and flushing.
The Township Board of Supervisors and its duly authorized agents
are authorized and empowered to undertake within the Township the
control and methods of holding tanks, sewage disposal and the collection
and transportation thereof.
The Board of Supervisors are hereby authorized and empowered
to adopt, by resolution, such rules and regulations concerning sewage,
which it may deem necessary from time to time to effect the purpose
of this article.
All such rules and regulations adopted by the Township shall
be in conformity with the provisions herein, all other ordinances
of the Township, and all applicable laws and regulations of administrative
agencies of Northampton County and the Commonwealth of Pennsylvania.
A.
Before a holding tank may be installed, the property owner shall:
(1)
Obtain a permit for the holding tank from the Township SEO.
(2)
File a copy of the permit, application, and plan with the Township
Building and Zoning Office.
(3)
File annually with the Township a copy of a written agreement
between the property owner, hauler, and acceptor covering the periodic
emptying of the tank.
(4)
Submit such additional information on the size and location
of the tank and such other information as the Township may require
in order to complete this review.
(5)
Deposit and/or post the sum of money to serve as financial security,
in the form and/or amount as provided by the rules and regulations
promulgated for this article. These funds are to be held by the Township
and used in the event the Township is required to perform any services,
or pay for any services or maintenance relative to the holding tank.
The Board of Supervisors shall have the right to claim the entire
escrow deposit as reimbursement for Township expenses, including administrative,
engineering, and legal fees.
(6)
Pay a fee to the Township for the holding tank permit in accordance
with the appropriate resolutions as adopted by the Board of Supervisors
from time to time.
(7)
Execute an agreement, in a form acceptable to the Township,
indemnifying and holding the Township harmless in the event of a claim
against the Township arising from the operation of the holding tank.
B.
A permit issued under the terms of this article shall become null
and void if the holding tank installation has not been completed to
the satisfaction of the Township within one year of the date of issuance.
The owner of a property that utilizes a holding tank shall:
A.
Maintain the holding tank in conformance with this article or any
ordinance of the Township, the provisions of any applicable law and
the rules and regulations of the Township, Northampton County, and
any administrative agency of the Commonwealth of Pennsylvania.
B.
Permit only persons authorized by the PADEP to collect, transport,
and dispose of the contents of the tank.
C.
Be responsible for the periodic cleaning or emptying of the holding
tank as well as the cost thereof.
D.
Be responsible for the periodic testing of sewage and the cost thereof
when deemed necessary by the Township.
Whenever sanitary sewer service provided by the Township becomes
available for use, the holding tank must be disconnected and disposed
of in accordance with applicable PADEP regulations, and proper connection
shall be made to the sanitary sewer within 90 days after notice to
make connection.
A.
Any person or entity who shall violate any of the provisions of this
article, or who shall fail to comply with any written notice from
Forks Township which describes a condition of noncompliance, shall
be guilty of a violation of this article, and, upon conviction thereof,
shall be sentenced to a fine of not more than $1,000 plus costs and
expenses. A new and separate violation shall be deemed to be committed
for each day after receipt of the aforesaid notice that such violation
exists.
B.
In addition to the penalties in Subsection A, the Township may institute an action in law or in equity before any court of competent jurisdiction.
C.
The penalties and remedies of this article shall be cumulative.
A.
Proposed disposal site, method of disposal and waste hauler for holding
tank waste shall be approved by the Township SEO or PADEP prior to
final approval for installation of the holding tank.
B.
Whenever Forks Township issues permits for holding tanks, the Township
may impose other conditions it deems necessary for operation and maintenance
of the tanks in order to prevent a nuisance or public health hazard.
C.
Holding tanks require regular service and maintenance to prevent
their malfunction and overflow and shall be used in lieu of other
methods of sewage disposal only when the following conditions are
met:
(1)
An Act 537 revision provides for replacement of the holding
tank by adequate sewerage services in accordance with a schedule approved
by Forks Township and the PADEP.
(2)
When the Township and PADEP determine that the use of a holding
tank is necessary to abate a nuisance or public health hazard.
(3)
In the case of an institutional, recreational, or commercial
establishment with a sewage flow of 800 gallons per day or less, a
holding tank may be utilized.
D.
The property owner shall execute an agreement with Forks Township
in a manner acceptable to the Township guaranteeing future maintenance
of the holding tank. Said agreement shall include provisions for Township
to receive and review pumping receipts for the holding tank, periodic
inspection and procedures and penalties for correction of malfunctions,
or public health hazards from use of the holding tank.
E.
The applicant shall deposit and/or post with the Township a sum of
money, in a form and amount determined by the Township, to serve as
financial security. Additionally, the applicant shall guarantee the
proper installation, operation, and maintenance of the holding tank,
and to reimburse the Township for any services and expenses incurred
by the Township relative to the holding tank.
A.
In addition to other requirements of this article, holding tanks
shall be constructed to meet specifications of Pa. Code Title 25,
Chapter 73, as well as PADEP rules and regulations relating to standards
for septic tanks.
B.
The minimum capacity of a holding tank shall be 1,000 gallons or
a volume equal to the quantity of waste generated within three days,
whichever is larger.
C.
Holding tanks shall be equipped with a warning device to indicate
when the tank is filled to within 75% capacity. The warning device
shall create an audible and visual alarm at an exterior location frequented
by the property owner or responsible individual or entity.
D.
Disposal of the waste from a holding tank shall be at a site approved
by the PADEP or NJDEP.
A.
Upon receipt of approval by the Township SEO or PADEP for the installation
of a holding tank, applicant shall secure a holding tank permit for
tank installation from Forks Township and make payment of required
permit fee. All applications for permits shall include the following:
A.
Tank installation shall not commence until receipt of a holding tank
installation permit approved by Forks Township.
B.
Applicant shall give no less than 48 hours' notice to Forks Township
prior to commencement of installation.
C.
All holding tank installations shall conform with the rules and regulations
of this article. Forks Township reserves the right to suspend installation
at any time by way of verbal and/or written notification should the
tank installation at any time be in violation of this article, the
Township holding tank resolution, the agreement with the Township
permitting the holding tank, or the PADEP permit.
Removal and/or disposal of a holding tank shall be in compliance
with applicable regulations of the PADEP and shall require notice
to Forks Township no less than 15 days prior to the start of removal
or disposal.
The owner of each holding tank shall agree to maintain and be
responsible for the holding tank, subject to the terms and conditions
stated in this article. The agreement with the Township regarding
the operation, maintenance, and removal of the sewage shall be recorded
in the Office of the Northampton County Recorder of Deeds and shall
be binding upon all future property owners.
The Board of Supervisors of Forks Township reserves the right
to amend this article at any time, as deemed necessary.
