[Adopted 8-9-2006 by Ord. No. 06-06 (Ch. 18, Part 15, of the 1994 Code)]
The purpose of this part is to provide rules and regulations for the proper inspection, maintenance and rehabilitation of sanitary sewer systems that are located on private property and are not dedicated to Spring Garden Township ("Township"). The private sanitary sewer systems that are subject to this policy shall be any non-Township-owned sewer line that supports more than one user and/or has private extensions or mains that include manholes ("private systems").
A. 
The Township shall notify all owners of properties served by private systems (the "owner") that their private system must be flushed, cleaned and televised in accordance with all Township rules and regulations ("inspected and maintained" or "inspection and maintenance") by the end of the calendar year in which the letter is received. The owner must have the private system inspected and maintained within the time specified in the Township's letter unless it can provide the Township with certification indicating that the private system was inspected and maintained in the one-year prior to the date of the Township's letter. A copy of the fully completed report shall be furnished to the Township within 30 days of the date the private system was inspected and maintained. The owner shall mail or hand-deliver the report to the Township Administration Building, 558 South Ogontz Street, York, PA 17403. The Township shall have the authority to require all inspections to be completed by an inspection agency of its choice.
B. 
Commencing from the date the private system was inspected and maintained, subsequent inspection and maintenance shall be performed at least once every three years thereafter. The owner shall furnish a copy of the inspection and maintenance report to the Township within 30 days of the date the private system was inspected and maintained. Inspection and maintenance reports may be mailed or hand-delivered as described above. The Township may allow private systems to be inspected and maintained at less frequent intervals when the owner can demonstrate to the Township that the private system can operate properly without the need for it being inspected and maintained for a period no longer than three years. In no case shall such extend beyond six years. Such a request may be made after the private system was initially inspected and maintained. Requests must be in writing with all supporting documents attached.
C. 
In making its determination, the Township shall take into account reports of inspection and maintenance of the private system and other relevant information and may conduct an on-site inspection. The applicant shall bear the cost of any inspection and any tests conducted for the purpose of evaluating the request. The applicant shall receive a decision within 60 days of accumulation of all necessary information by the Township.
D. 
The Township may require additional maintenance activity as needed, including, but not limited to, cleaning and unclogging of pipes, service and repair of mechanical equipment, removal of obstructing roots or trees, and/or repair, replacement and/or relocation of sewer lines and appurtenances.
E. 
The required frequency of inspection and maintenance may be increased at the discretion of the Township if a private system is found to be malfunctioning or other good cause can be shown. Only sewage and normal domestic wastes shall be discharged into the private system. Any discharge and maintenance of the private system shall comply with all Township ordinances, resolutions and regulations.
Any private system or component thereof found to be malfunctioning shall be repaired, modified or replaced pursuant to the direction of the Township or its authorized agent to correct the conditions causing the malfunction. Any work shall be performed with the prior written approval of the Township and in accordance with all rules and regulations of the Township. When the owner fails to maintain, repair or replace the private system as provided under the terms of this part, the Township shall have the authority to perform or contract to have performed the work required in order to properly maintain, repair or replace the private system. The owner shall be charged for the work performed and, if necessary, a lien shall be entered therefor in accordance with law. In the event there is more than one property owner that is benefited by the private system, the Township shall have the right to prorate the charge for the work performed and, if necessary, file a lien against each property owner for its proportionate share of said work.
The Township may employ qualified individuals to carry out the provisions of this part. Those employees shall include a codes enforcement officer, a secretary, administrator or other persons as required. The Township may also contract with other private qualified persons or firms as necessary to carry out the provisions of this part.
A. 
All permits, records, reports, files and other written material relating to the installation, operation, maintenance and malfunction of a private system in the Township shall become the property of the Township. Existing and future records shall be available for public inspection during normal business hours at the official Township office. A fee for copying may be charged.
B. 
The Township may establish administrative procedures necessary to properly carry out the provisions of this part. The Township may establish a fee schedule and subsequently collect fees to cover the cost of administering the private system program. The Township can set fees by properly enacting a resolution.
C. 
The owner of any private system constructed after the effective date of this part shall provide to the Township, prior to the issuance of any occupancy or use certificate for a property serviced by a private system, a set of as-built plans of the entire private system in a form satisfactory to the Township.
Any person who shall violate any of the terms or provisions of this Part 5 shall be subject to a fine in a sum not to exceed $1,000 and proceedings commenced by the Township before any Magisterial District Judge. Each day, a violation shall constitute a separate offense for the purpose of commencing proceedings. Upon judgment against any person by conviction or by proceedings by summons or default of the fine imposed and costs, said person may be sentenced to the York County Jail for a period not to exceed 30 days. This remedy is cumulative with other remedies in this Part 4.