[Adopted 7-3-1984 as Ch. 18, Part 2, of the 1984 Code; amended in its entirety 6-4-2002 by Ord. No. 4-02]
Unless the context specifically and clearly indicates otherwise, the meanings of the terms used in this article shall be as follows:
ALLOWABLE INDUSTRIAL WASTE
Any solid, liquid or gaseous substance, waterborne waste or form of energy ejected or escaping from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources, as distinct from sanitary sewage, which is allowed to be discharged into the sewer system by the governing body of the public sewer service provider, or allowable by rules and regulations of the public sewer service provider.
COLUMBIA
The Borough of Columbia, Lancaster County, Pennsylvania, and the Columbia Borough Authority.
DEP
Pennsylvania Department of Environmental Protection.
IMPROVED PROPERTY
Any property within this municipality upon which there is erected any structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged.
INDUSTRIAL ESTABLISHMENT
Any property situate in the municipality used wholly or in part for the manufacture, processing, cleaning, laundering, or assembling of any product, commodity or article, or any other property situate in this municipality from which wastes, in addition to or other than sanitary sewage, are discharged.
INDUSTRIAL WASTE
Any solid, liquid or gaseous substance or waterborne wastes or form of energy ejected or escaping from any industrial, manufacturing, trade or business process or from the development, recovering or processing of natural resources, but not sanitary sewage.
LASA
Lancaster Area Sewer Authority.
LATERAL SEWER or SERVICE CONNECTION
That part of the sewer system extending from a sewer to the curbline or, if there shall be no curbline, to the edge of the street abutting the property affected or, if no such lateral shall be provided, then "lateral sewer" or "service connection" shall mean that portion of, or place in, the sanitary sewer which is provided for the connection of any service line.
MUNICIPAL ENGINEER
An engineer retained or employed by the municipality or any authorized member of the staff of such engineer.
MUNICIPALITY
The Township of West Hempfield, Lancaster County, Pennsylvania, and its duly authorized representatives or agents.
NATURAL OUTLET
Any outlet into a watercourse, ditch, pond, lake or other body of surface or groundwater.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property situated in the municipality.
PERSON
Any individual, partnership, company, association, society, corporation or other group.
PRIVATE SEWER SYSTEM
Any sewer mains, lateral sewers from a sewer main to a service line or house connection, sewage ejector and/or pumping stations, sewer force mains and all appurtenant facilities owned and operated by an individual, corporation, homeowners' association or other person or entity other than a municipal authority or a political subdivision and used in the furnishing of sewer services.
PUBLIC SEWER SERVICE PROVIDER
The municipality where the municipality owns or operates sanitary sewage and/or allowable industrial waste collection and conveyance lines, LASA where sanitary sewage and/or allowable industrial waste is conveyed to a sewage treatment plant operated by LASA, and/or Columbia where sanitary sewage and/or allowable industrial waste is conveyed to the Columbia Sewage Treatment Plant, as applicable.
PUBLIC SEWER SERVICE PROVIDER ENGINEER
An engineer retained or employed by the public sewer service provider, including any authorized member of the staff of such engineer.
SANITARY FACILITIES
Toilets, sinks and other plumbing fixtures and related piping intended to receive and discharge sanitary sewage into a service line.
SANITARY SEWAGE
The normal water-carried household and toilet waste from any improved property, excluding, however, the effluent from septic tanks or cesspools, rain, stormwater and ground water, as well as roof or surface water, drainage of percolating or seeping waters, or accumulation thereof, whether underground or in cellars or basements.
SANITARY SEWER
A sewer which is part of the sewer system and which carries sanitary sewage and/or allowable industrial waste discharged into the sewer system, and to which stormwater, surface, and ground waters are not intentionally admitted.
SERVICE LINE or HOUSE CONNECTION
That part of the main house drain or sewer line extending from a point five feet outside the outer building wall or foundation wall to its connection with the lateral sewer.
SEWAGE TREATMENT PLANT
Devices and/or structures or facilities owned by the sewer service provider for the treatment and disposal of sanitary sewage and industrial waste.
SEWER
Any pipe or conduit constituting a part of the sewage system and used or usable for sewage collection or transportation purposes.
SEWER SYSTEM
Sewer mains, lateral sewers from a sewer main to service line or house connection, sewage ejector and/or pumping stations, sewer force mains, sewage treatment plants, and all appurtenant facilities operated by the municipality or the public sewer service provider in furnishing sewage services.
STORM SEWER or STORM DRAIN
A pipe or conduit which carries stormwater, surface water, drainage and certain industrial water discharges, such as cooling and air-conditioning waters.
STREET
A public way including any highway, street, road, lane, court, public square, alley or other passageway.
TENANT
Any person in possession of a whole or a part of improved property who is not an owner.
The owner of any improved property situate in the municipality and abutting on, adjoining or adjacent to, any street, easement or right-of-way in which there shall have been constructed a sanitary sewer forming part of the sewer system, where said property is accessible thereto and any part of the principal building constructed on such improved property is within 150 feet of such sewer, shall at his own expense install suitable sanitary facilities and service lines therein and connect such facilities directly with such sewer in accordance with the provisions of this article within 90 days after date of official notice from this municipality to do so, which notice shall have been given by personal service or as otherwise provided or permitted by law.
In the event any owner of any such improved property shall refuse or neglect to connect such property with such sewer within said ninety-day period, the municipality or its duly authorized agent (the public sewer service provider), or the agents of the municipality or said public sewer service provider, may enter upon such property and construct such connection. In such case, the proper officials of this municipality shall, upon completion of the work, send an itemized bill of the cost of construction of such connection to such owner, which bill shall be payable forthwith. In case of neglect or refusal by such owner of such property to pay said bill within 30 days thereafter, it shall be the duty of said officials of this municipality to cause a municipal lien for said construction to be filed, the same to be subject in all respects to the general law provided for the filing and recovery of municipal liens.
A. 
All sanitary sewage and industrial waste from any improved property, after connection of such improved property with a sewer as required under §§  111-22 and 111-23, shall be discharged into a sewer, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by this municipality or by the public sewer service provider.
(1) 
Where LASA is the public sewer service provider, such limitations and restrictions are established through Chapter 40, Definitions, of the LASA Rules and Regulations, dated as amended and restated September 23, 2010; Chapter 60, Industrial Waste, of the LASA Rules and Regulations, concerning industrial waste, dated as amended and restated September 23, 2010; Chapter 100, Sewer Connections, of the LASA Rules and Regulations, as approved and readopted December 16, 2004; and Chapter 125, Sewer Construction, of the LASA Rules and Regulations, as approved and readopted December 16, 2004.
[Amended 3-1-2005 by Ord. No. 2-05; 1-3-2011 by Ord. No. 1-11]
(2) 
Where Columbia is the public sewer service provider such limitations and restrictions are established in the Code of Ordinances of the Borough of Columbia.
B. 
It shall be unlawful to discharge or permit the discharge of sanitary sewage or industrial waste or other polluted water into any natural outlet within this municipality, unless such discharge is pursuant to a permit issued by, or with the approval of, the DEP.
It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, sinkhole or similar receptacle intended for the disposal of sanitary sewage within this municipality where such sanitary sewage emanates from any improved property which the owner thereof is required to connect to the sewer system. No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be connected with a sewer at any time.
Each such privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be abandoned upon the making of such connection to the sewer system and, at the request of this municipality, shall be cleansed and filled under the direction and supervision of this municipality; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by this municipality, cleansed and filled, shall constitute a nuisance and such nuisance shall be abated as provided by law at the expense of the owner of such improved property.
There is hereby reserved to the public sewer service provider and this municipality the right to refuse to any person the privilege of connecting any improved property to a sewer, or to compel discontinuance of the use of any sewer by any person, or to compel the pretreatment of industrial wastes, in order to prevent discharge into the sewer system of wastes which may be deemed by the public sewer service provider, the public sewer service provider engineer, this municipality or the Municipal Engineer, to be harmful to the sewer system or to have a deleterious effect on sewage treatment processes or to be injurious to personnel operating the sewer system.
There is hereby reserved to the public sewer service provider and this municipality the right to refuse to any person the privilege of connecting any private sewer system to the public sewer service provider's sewer system unless the following conditions have been met:
A. 
The plans and specifications for such private sewer system have been reviewed and approved by the public sewer service provider prior to construction and such private sewer system has been constructed in accordance with such approved plans and the standards established by this municipality and the public sewer service provider from time to time for such private sewer system;
B. 
The public sewer service provider has inspected such private sewer system prior to connection to the public sewer service provider's sewer system and has determined that the private sewer system has been constructed in accordance with the requirements set forth in § 111-24A(1);
C. 
The record owner of the lot on which the private sewer system is to be installed and, if different, the owner of the private sewer system (collectively the "applicant"), shall enter into an agreement with the municipality, in recordable form, providing for the long-term maintenance of the private sewer system which grants the municipality the right to enter upon the property; to inspect such private sewer system not less than once each year and, in addition, whenever the municipality receives a complaint or otherwise has reason to believe that such private sewer system is not functioning properly; to maintain such private sewer system if the owner fails to do so; and to recover the cost of any maintenance performed plus a penalty from the owner. The agreement shall specifically authorize the municipality to file a municipal claim against the property served by the private sewer system to recover costs and fees and shall specifically state that its provisions are binding upon the applicant executing the agreement and upon all successive owners of the property and any lots which are served by the private sewer system until the private sewer system is removed and the property is connected to a sewer system owned and operated by a public sewer service provider or until a public sewer service provider assumes ownership and maintenance responsibility for the private sewer system and makes it a part of the public sewer service provider's sewer system;
D. 
The applicant shall post financial security with the municipality to secure the future maintenance of the private sewer system and payment of costs of annual inspection of such private sewer system. The amount of the financial security shall be based upon the estimated cost to maintain the particular private sewer system chosen by the applicant. The financial security shall be posted through an irrevocable letter of credit in a form acceptable to the Municipality Solicitor or in a cash escrow which the municipality shall maintain in a non-interest-bearing account. The municipality shall not release such financial security until the municipality is provided with alternate financial security or until the private sewer system is removed and the property is connected to a sewer system owned and operated by a public sewer service provider or until a public sewer service provider assumes ownership and maintenance responsibility for the private sewer system;
E. 
The applicant shall demonstrate to the municipality that the proposed private sewer system meets all applicable DEP regulations and that the applicant has obtained all necessary approvals and permits;
F. 
The applicant shall provide the municipality with a complete set of as-built plans for the private sewer system after its installation; and
G. 
The applicant shall reimburse the municipality for all costs incurred in the preparation of the agreement and its recording.
A. 
The municipality may annually inspect the private sewer system. The owner of the private sewer system shall pay all costs associated with the yearly inspection of the private sewer system.
B. 
All persons who own a lot which is served by a private sewer system shall properly use such private sewer system. The owner of the private sewer system shall properly maintain the private sewer system.
C. 
Any person who owns a lot served by a private sewer system, any person who occupies a lot served by a private sewer system, any person who owns a private sewer system, and any person pumping out or otherwise maintaining a private sewer system shall report any malfunctioning of such private sewer system to the municipality. Such report shall be made as soon as possible but in no case later than three days after discovery of the malfunction.
The municipality shall, with the adoption of this article, adopt rules and regulations for the satisfactory construction, operation and maintenance of the sewer system and shall reserve the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with the sewer system, which additional rules and regulations, to the extent appropriate, shall be construed as part of this article.
A. 
No person shall uncover, connect with, make any opening into or use, alter or disturb in any manner any sewer or the sewer system without first making application for and obtaining a written permit from the municipality or the public sewer service provider.
B. 
Application to the municipality or public sewer service provider for a permit required under this article shall be made by the owner of the improved property to be served, in such form as may be prescribed by the municipality or its duly authorized agent or public sewer service provider. The application shall be accompanied by the required connection and/or tapping fee required by the municipality or public sewer service provider.
No person other than this municipality or its duly authorized agents, the public sewer service provider or its agents, shall make or cause to be made the connection of any improved property with a lateral sewer until such person shall have fulfilled each of the following conditions:
A. 
Such person shall have notified the municipality or public sewer service provider of the desire and intention to connect to a lateral sewer.
B. 
Such person shall apply for and obtain a permit as required by this article.
C. 
Such person shall have given the municipality or public sewer service provider at least 24 hours' notice of the time when such service line is to be connected and such connection made so that the public sewer service provider and/or its authorized agent, as the agent of this municipality, may inspect the service line, the work of connection and perform necessary testing.
All costs and expenses of construction of a service line and all costs and expenses in connection of such service line to a lateral sewer shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and save harmless the municipality and/or its duly authorized agents and the public sewer service provider from all loss or damage that may be occasioned, directly or indirectly, as a result of the construction of a service line or the connection of a service line to a lateral sewer.
Whenever the surface of any public street, sidewalk or cartway is disturbed by the construction of a service line, it shall be the responsibility of the applicant for a connection to obtain street opening permits from this municipality, or highway occupancy permits from the Pennsylvania Department of Transportation. Unless otherwise required, all surfacing materials must be restored in kind, thickness and construction to the satisfaction of the municipality and public sewer service provider.
A. 
Service lines and connections to lateral sewers and connections to sewer system shall be constructed in accordance with rules and regulations promulgated by the municipality and/or its duly authorized agents and public sewer service provider.
B. 
No service line or connection to a lateral sewer or connection to a sewer system shall be covered until the same has been inspected and approved by the municipality and/or its duly authorized agents or public sewer service provider. If any part of a service line or connection to a lateral sewer is covered before being so inspected and approved, such service line or such connection shall be uncovered for inspection, at the request of the municipality and/or its duly authorized agents or public sewer service provider, at the cost and expense of the owner of the improved property to be served through such service line.
C. 
Every service line shall be maintained in a sanitary and safe operating condition by the owner of the improved property served. Whenever the municipality and/or its duly authorized agents or public sewer service provider has reason to believe any service line has become defective, such service line shall be subject to test and inspection. Defects found upon such inspection shall be corrected as required by the municipality and/or its duly authorized agents or public sewer service provider at the cost and expense of such owner.
Any person, individual, builder or developer, desiring or required by law to construct or install sanitary sewers, lateral sewers and service lines to serve a house or any housing unit within a real estate development prior to construction or installation, shall make proper written application to the municipality and/or its duly authorized agents or public sewer service provider for a special permit, pursuant to rules and regulations of the municipality and/or its duly authorized agents or public sewer service provider applicable thereto.
A. 
Prohibited discharges and devices.
(1) 
It shall be unlawful for any owner or tenant of improved property located in the municipality to discharge, or cause to be discharged into the sewer system any of the following:
(a) 
Stormwater;
(b) 
Surface drainage;
(c) 
Ground drainage;
(d) 
Roof runoff;
(e) 
Subsurface drainage;
(f) 
Cooling water;
(g) 
Drainage from tile fields;
(h) 
Unpolluted process waters; and
(i) 
Any other substance other than sanitary sewage or allowable industrial waste.
(2) 
Without limiting the foregoing, this provision makes it illegal for any owner or tenant of improved property to use a sump pump, gutter, downspout, or other device to conduct stream, stormwater, roof, ground, or surface water into the sewer system. Provided, however, floor drains or cellar drains may be connected to the service line or sewer system.
B. 
Stormwater, industrial cooling water, unpolluted process waters and all other unpolluted drainage shall be discharged into specifically designated storm sewers, if available, or to a natural outlet approved by the public sewer service provider or public sewer service provider engineer or the Municipal Engineer.
C. 
No person shall discharge or cause to be discharged any sewage into the sewer system which shall contain any substances or possesses characteristics in violation of rules and regulations promulgated by the municipality and/or its duly authorized agents or public sewer service provider.
A. 
The admission into the sewer system of any polluted water, sanitary sewage or industrial waste containing any of the substances or possessing the characteristics referred to in § 111-37 shall be subject to the review and approval of the public sewer service provider engineer.
B. 
Where necessary, the owner of the property or premises producing such waters or wastes shall provide, at his or her own expense, such preliminary treatment as may be necessary to reduce objectionable characteristics or constituents to within the maximum limitations provided for in the rules and regulations of the municipality or public sewer service provider or to control the quantities or rates of discharge of such waters or wastes. Construction drawings, specifications and other pertinent information relating to the proposed preliminary treatment facilities shall be prepared by the owner, at his or her expense, and shall be submitted for the approval of the public sewer service provider engineer, and no construction of such facilities shall be commenced until said approval is obtained in writing.
C. 
Where preliminary treatment facilities are provided, the same shall be maintained continuously in satisfactory and effective operation by the owner, at his or her expense.
D. 
In lieu of introducing untreated or partly treated polluted waters or industrial waste into the sewer system, the owner of the premises producing such wastes may construct and operate, at his expense, private waste treatment facilities with the effluent discharged to a Natural Outlet, provided such facilities are constructed and operated in compliance with all requirements of the DEP. Where private waste treatment facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the owner, at his or her expense.
It shall be unlawful for any plumber or any other person to install or connect, or permit to be installed or connected to the service line or any part of the sewer system, any device or system designed to discharge any substance other than sanitary sewage or allowable industrial waste into the sewer system. Without limiting the foregoing, this provision makes it illegal for any plumber or other persons to install or connect or permit to be installed or connected, a sump pump, gutter, downspout or other device to conduct stream, stormwater, roof, ground, or surface water into the sewer system; provided, however, that floor drains and cellar drains may be connected to the service line or sewer system.
Any owner or tenant of improved property located in the municipality who currently has any roof drains or downspouts connected to the service line or sewer system shall have said roof drains or downspouts disconnected within 30 days of the effective date of this article.
Owners or tenants of improved property located in the municipality shall disconnect or cause to be disconnected any sump pump connected to the service line or sewer system within 30 days of the effective date of this article, without being subject to the penalties provided for in this article. At the expiration of the thirty-day period, any owner or tenant of improved property who has, maintains, or permits a sump pump to be connected to the service line or sewer system shall be subject to the penalties provided for by this article.
A. 
LASA is hereby designated and appointed as the agent of the municipality for the purpose of receiving, treating, and disposing of sewage to be collected by the West Hempfield Township sewer system which are transported to any sewage treatment plant owned or operated by LASA and to promulgate rules and regulations which are reasonably necessary in connection with the function of LASA as the receiving agent of sewage from the municipality and for receiving all applications for permits required under the provisions of this article, designating place of connection, establishing rules and regulations on the materials and construction of sewer system, private sewer system, service line, house connection, lateral sewer, and service connection, and carrying out all inspections, observations, measurements, samplings and testing required or permitted hereunder.
B. 
Columbia is hereby designated and appointed as the agent of the municipality for the purpose of receiving, treating, and disposing of sewage to be collected by the municipality sewer system which are transported to any sewage treatment plant owned or operated by Columbia and to promulgate rules and regulations which are reasonably necessary in connection with the function of Columbia as the receiving agent of sewage from the municipality and for receiving all applications for permits required under the provisions of this article, designating place of connection, establishing rules and regulations on the materials and construction of sewer system, private sewer system, service line, house connection, lateral sewer, and service connection, and carrying out all inspections, observations, measurements, samplings and testing required or permitted hereunder.
A. 
The municipality specifically and expressly incorporates by reference in their entirety, as though fully set forth herein, the following requirements of LASA: Chapter 40, Definitions, of the LASA Rules and Regulations, dated as amended and restated September 23, 2010; and Chapter 60, Industrial Waste, of the LASA Rules and Regulations concerning industrial waste, dated as amended and restated September 23, 2010.
[Amended 3-1-2005 by Ord. No. 2-05; 1-3-2011 by Ord. No. 1-11]
B. 
The municipality specifically and expressly incorporates by reference in their entirety, as though set forth in full herein, the provisions of the Code of Ordinances of the Borough of Columbia regulating the sewer system.
The Municipal Engineer and public sewer service provider engineer and other duly authorized representatives or employees of the municipality and/or of the public sewer service provider and of this municipality bearing proper credentials and identification shall be permitted, at all reasonable times, to enter upon any premises connected or about to be connected or required to be connected to the sewer system for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The public sewer service provider engineer and other duly authorized representatives or employees of the public sewer service provider and of this municipality bearing proper credentials and identification shall be permitted, at all reasonable times, to enter any private sewer system connected or about to be connected or required to be connected to the sewer system for the purpose of inspection, observation, measurement, sampling and testing.
No person shall maliciously, willfully or negligently damage, destroy, deface, block or otherwise tamper with any sewer or any other structure or equipment which is part of the sewer system.
A. 
It shall be a violation of this article to commit or permit any other person to commit any of the following acts:
(1) 
To install, repair, modify or alter a service line or house connection or a private sewer system prior to obtaining a permit or in a manner which violates the terms and conditions of any permit.
(2) 
To misuse or fail to maintain a private sewer system.
(3) 
To fail to report a malfunctioning private sewer system.
(4) 
To fail to remedy a malfunctioning private sewer system.
(5) 
To place false information on or omit relevant information from an application for a permit.
(6) 
To occupy or permit the occupancy of any structure served by a private sewer system for which a valid permit has not been obtained as required by this article.
(7) 
To fail to comply with any other provision of this article.
B. 
Any person who shall violate any provision of this article, other than §§ 111-29C, 111-38, 111-39 and 111-45, shall be served with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender, within the period of time stated in such notice, shall permanently cease all violations. Any person who shall continue any such violation beyond such time limit or otherwise violate this article shall be liable, upon summary conviction, for a first offense and, upon summary conviction, for each subsequent offense, to a fine of not less than $200 and not more than $1,000 for each violation, together with costs of prosecution in each case. Each day a violation shall continue shall be deemed and shall be taken to be a separate offense, and shall be punishable as a separate violation.
C. 
Any person who shall violate any provision of § 111-29C, § 111-38 or § 111-39 or § 111-45 shall, upon summary conviction, be subject to a fine not less than $200 and not more than $1,000 for each violation, together with costs of prosecution in each case. Each day a violation shall continue shall be deemed and shall be taken to be a separate offense, and shall be punishable as a separate violation.
D. 
In case any service line or lateral sewer improvement is constructed or maintained in violation of this article, or any private sewer system is installed, repaired, altered or modified prior to obtaining a permit as required by this article or in a manner which does not comply with such permit, or any private sewer system is not properly maintained or the malfunction of any private sewer system is not reported to the municipality, in addition to the other remedies provided bylaw, the municipality may commence any appropriate action or proceedings in equity to prevent such unlawful construction or such unlawful maintenance or the continued use of such private sewer system.
Fines and costs imposed under the provisions of this article shall be enforceable and recoverable in the manner at the time provided by applicable law.
Any person violating any of the provisions of this article, in addition to becoming liable for a fine and costs of prosecution, shall be liable to the municipality or public sewer service provider for any expense, loss or damage occasioned the municipality or public sewer service provider by reason of such violation.