[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 No. 1992-2, 12/14/1999, was repealed by Ord.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:
HOLDING TANK
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.
NONRESIDENTIAL PROPERTY
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.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any nonresidential property located in the Township.
PERSON
Any individual, partnership, company, association, corporation or other group or entity.
SEWAGE
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.
SUPERVISORS
The Board of Supervisors of Forward Township, Butler County, Pennsylvania.
TOWNSHIP
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.