[Adopted 6-18-2007 by Ord. No. 829]
Editor's Note: This ordinance also repealed former Art. III, Holding Tanks, adopted 6-28-1976 by Ord. No. 527, as amended.
The purpose of this article is to establish procedures for the use and maintenance of retaining tanks designed to receive and retain sewage for off-site treatment and disposal until it is discharged, and it is hereby declared that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of Butler Township.
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows:
- IMPROVED PROPERTY
- Any property within the Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage shall or may be discharged.
- The Township of Butler, Butler County, Pennsylvania.
- Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
- A recreational area of at least 20 acres available to the
public in accordance with the owner's rules.[Added 6-1-2009 by Ord. No. 841]
- Any individual, partnership, company, association, corporation or other group or entity.
- RETAINING TANK
- A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. The term includes the following:
- Any substance that contains any of the waste products, excrement, other discharge from the bodies of human beings or animals or any noxious or deleterious substance being harmful or inimical to the public health, to animal or aquatic life, or to the use of water for domestic water supply or for recreation.
It shall be unlawful for any person to install, construct, use or maintain a retaining tank in the Township of Butler without first obtaining a permit from the municipality, paying a permit fee in an amount as may be established from time to time by resolution of the Board of Commissioners, posting financial security and executing an agreement with the Township of Butler regarding the operation and maintenance of the retaining tank.
Prior to issuance of any permit required by the provisions of this article, the owner of any improved property shall deposit with the municipality financial security in an amount sufficient to cover the costs of such retaining tank and the estimated future maintenance costs of the retaining tank.
Without limitation as to other types of financial security which the municipality may approve, which approval shall not be unreasonably withheld, federal or commonwealth chartered lending institution deposits and irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this section.
Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the commonwealth.
Such bond or other security shall provide for and secure to the public the completion of any improvements which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements and the estimated future cost of maintenance of the retaining tanks and associated facilities.
The owner of improved property for which a retaining tank is to be installed shall enter into an agreement with the municipality setting forth the obligations of the owner with respect to the maintenance, upkeep and repair of the retaining tank. At a minimum, the agreement shall provide for minimum design standards, annual inspections, payment of fees, indemnification of the municipality, enforcement provisions and bonding requirements. All agreements must be in recordable form, the recording of which will be at the owner's sole cost and expense. All agreements must be approved by the municipality's solicitor prior to execution.
[Amended 6-1-2009 by Ord. No. 841]
Editor's Note: This ordinance also repealed former Subsection F, which immediately followed, regarding the estimated amount of financial security required.
The owner of an improved property that utilizes a retaining tank shall:
Maintain the retaining tank in conformance with this article or any other ordinance of Butler Township, the provisions of any applicable law and the rules and regulations of Butler Township, any administrative agency of the Commonwealth of Pennsylvania or the Butler Area Sewer Authority.
Properly, safely and regularly collect, transport, discharge and dispose of the contents therein at approved locations or to approved public collection and treatment facilities.
Any person who violates any provision of this article shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $300 and not more than $1,000 and costs, and, in default of payment of said fine and costs, to undergo imprisonment in the county jail for a period not in excess of 90 days.
In addition to any other remedies provided by this article or the laws of the Commonwealth of Pennsylvania, any violation of this article or any violation of the permit conditions or the laws or regulations of the commonwealth shall constitute a nuisance and may be abated by Butler Township by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
[Amended 6-1-2009 by Ord. No. 841]
No application for a permit shall be approved, and retaining tanks shall not be permitted, except as follows:
In those areas of Butler Township which are within areas for which application for public sewers has been made by the Butler Area Sewer Authority to the Commonwealth of Pennsylvania, Department of Environmental Protection (DEP), and such public sewers have not yet been approved by DEP or, if approved, have not yet been installed; or
Are within areas where public sewers are available; but, as a result of existing conditions, the Butler Area Sewer Authority is unable to accept the sewage generated from the improved property at all times and the retaining tanks are necessary to control the discharge of sewers to the Butler Area Sewer Authority collection and treatment system; or
The retaining tank is a composting toilet and is to be installed within a public or private park that is not serviced by the Butler Area Sewer Authority collection and treatment system and cannot be so serviced except at an unreasonable expense.
[Amended 6-1-2009 by Ord. No. 841]
Retaining tanks may only be used:
For a period of 18 months after the date of the issuance; or
For a period of 18 months after notice from the Butler Area Sewer Authority that the conditions preventing continual acceptance of sewage have been corrected; or
In the case of composting toilets, so long as the area is not serviced by the Butler Area Sewer Authority collection and treatment system.