[1]
Editor's Note: Former Part 1, Intergovernmental Sewage Association,
adopted by Ord. No. 1992-2, 12/14/1999, was repealed by Ord. No.
2021-2, 8/10/2021.
[Ord. No. 2002-1, 10/18/2002]
The purpose of this Part is to establish procedures for the
use, maintenance, and inspection of existing and new holding tanks
designed to receive and retain sewage from nonresidential uses, and
it is hereby declared that the enactment of this Part is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of Forward Township.
[Ord. No. 2002-1, 10/18/2002]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage conveyed by a water-carrying system
and is designed and constructed to facilitate the ultimate disposal
of sewage at another site.
Any property within the Township on which there is no residential
use and upon which nonresidential activity is carried on and from
which sewage shall or may be discharged.
Any person vested with ownership, legal or equitable, sole
or partial, of any nonresidential property located in the Township.
Any individual, partnership, company, association, corporation
or other group or entity.
Any substance that contains any of the waste or products
or excrement or other discharge from the bodies of human beings and
any noxious or deleterious substance being harmful or inimical to
the use of water for domestic water supply or for recreation.
The Board of Supervisors of Forward Township, Butler County,
Pennsylvania.
Forward Township, Butler County, Pennsylvania.
[Ord. No. 2002-1, 10/18/2002]
The Township is authorized and empowered to undertake within
the Township the regulation and inspection of holding tank use, sewage
disposal, and sewage collection and transportation thereof.
[Ord. No. 2002-1, 10/18/2002]
1.
The Township hereby adopts the rules and regulations concerning sewage
collected or held within holding tanks as such rules and regulations
that have been promulgated by the Pennsylvania Department of Environmental
Protection and as may be hereinafter promulgated or amended by the
Pennsylvania Department of Environmental Protection. Said rules and
regulations are to be found in Title 25 of the Pennsylvania Code.
2.
The use of holding tanks as part of an on-lot sewage disposal system
on a nonresidential property is prohibited except when one of the
following conditions is met:
A.
Forward Township, its authorized local agency, or the Department
of Environmental Protection determines that the use of a holding tank
is necessary to abate a nuisance or public health hazard.
B.
No other on-lot sewage disposal system can be approved for the site.
C.
A holding tank is proposed to be used as a temporary replacement
for an existing on-lot sewage disposal system until a permanent replacement
on-lot sewage disposal can be constructed on the property.
[Ord. No. 2002-1, 10/18/2002]
The Township shall have the right and power to fix, alter, charge
and assess the owners of nonresidential property for inspection of
holding tanks during the permitting and construction stage for said
holding tanks. In addition thereto, the Township shall have the right
and power to fix, alter, charge, and assess the owners of nonresidential
property for the annual inspection of holding tanks.
[Ord. No. 2002-1, 10/18/2002]
1.
The Township will receive, review and retain all applications for
holding tank permits, and shall have the authority to issue said permits.
2.
The Township will receive, review and retain pumping receipts from
permitted holding tanks.
3.
The Township Sewage Enforcement Officer shall inspect all holding
tanks to ensure compliance with the rules and regulations, said inspection
to occur both during installation and on an annual basis.
4.
The Township Sewage Enforcement Officer will complete and retain
annual inspection reports for each permitted holding tank, and provide
a copy of the annual inspection report to the Township.
[Ord. No. 2002-1, 10/18/2002]
1.
The owner of a nonresidential property that utilizes a holding tank
shall:
A.
Apply for and obtain a permit prior to the construction or installation
of a holding tank or tanks. Said permit application may be obtained
from the Township Secretary, who will also supply the owner with a
copy of this Part.
B.
Enter into a written agreement with the Township for the permitting,
installation, maintenance and inspection of the holding tank system.
C.
Maintain the holding tank in conformity with this and any other ordinance
of Forward Township, the provisions of any applicable law, and the
rules and regulations of the Township, and the laws and regulations
of the Commonwealth of Pennsylvania.
D.
Permit the Township Sewage Enforcement Officer to inspect holding
tanks on an annual basis and to pay the inspection fee as set by the
Board of Supervisors.
E.
On an annual basis, or more frequently if necessary, arrange for
all the collection, transportation and disposal of the contents of
the holding tank or tanks.
F.
Ensure that the person performing the collection, transportation
and disposal of the contents of the owner's holding tank or tanks
is disposing of the contents of such tank or tanks at a site or sites
that are approved by the Pennsylvania Department of Environmental
Protection.
G.
Provide the Township with a copy of each receipt as proof of the
collection, transportation, and disposal of contents of the holding
tank or tanks.
H.
Provide the Township Sewage Enforcement Officer with a copy of each
receipt as proof of the collection, transportation and disposal of
the contents of the holding tank or tanks.
[Ord. No. 2002-1, 10/18/2002]
Any person who violates any provision of this Part shall, upon
conviction thereof by summary proceeding, be sentenced to pay a fine
of not less than $100 and not more than $600, plus court costs and
reasonable attorneys' fees incurred by the Township.
[Ord. No. 2002-1, 10/18/2002]
In addition to the other remedies provided in this Part, any
violation of this Part shall constitute a nuisance and shall be abated
by the Township by either seeking mitigation of the nuisance or appropriate
equitable or legal relief from a court of competent jurisdiction.
[Ord. No. 2002-1, 10/18/2002]
1.
Nothing contained in this Part is intended to affect Ordinance, as
amended (dealing with public and individual sewage systems),[1] or to affect Chapter 22, Subdivision and Land Development, as amended, or any other Township ordinance, unless said ordinance or ordinances is or are inconsistent herewith.
[1]
Editor's Note: So in original.
2.
If any sentence, clause, section, or part of this Part is for any
reason found to be unconstitutional, illegal or invalid, such unconstitutionality,
illegality or invalidity shall not affect or impair any of the remaining
provisions, sentences, clauses, sections, or parts of this Part. It
is hereby declared as the intent of the Board of Supervisors that
this sentence, clause, section or part thereof not been included herein.
