[Adopted 9-5-1989 as Part 11, Ch. 1, Art. B, of the 1989 Code]
All sewers and branches thereof for the disposal of sanitary sewage and/or industrial wastes within the Sweeney-Fellsburg-Pollock Run Drainage Area of the Township at any time heretofore and hereafter constructed or otherwise acquired by the Township and/or any municipal authority of the Township may cause to be created for such purposes are declared to be for the purposes of Ordinance No. 157-1973 (§§ 155-5 through 155-22 of this article) and the subject matter hereof a common system of sanitary sewers for that drainage area of the Township, and are in that ordinance and §§ 155-5 through 155-22, called the "sewer system."
The owner or owners of each property accessible to and whose principal building, heretofore and/or hereafter constructed, is within 200 feet of the sewer system shall connect therewith at any time within 60 days after notice to make such connection is served on such owner or owners by the Township Commissioners, either by personal service or by certified or registered mail. The terms "to connect," the "connection" and the "sewer connection," as used in §§ 155-5 through 155-22, shall mean the extension of the sanitary sewage and/or industrial wastes drainage system of the building or premises to the Y's, T's or other connections or extensions thereof forming a part of the sewer system.
In case any property owner or owners of such building or premises shall neglect or refuse to connect with the sewer system within the sixty-day period immediately following service of the notice to connect with the sewer system, the Township Commissioners or their agents may enter upon such property and construct such sewer connection. Upon construction of such sewer connection by the Township Commissioners or their agents, the Township Commissioners shall send an itemized bill of costs of the construction of such sewer connection to the owner or owners of such property, which bill shall be payable forthwith. In case the owner or owners neglect or refuse to pay such bill of costs, the Township Commissioners may file a municipal lien for the costs of said construction within six months after the completion of the construction of such sewer connection, as provided by law, or the Township Commissioners may pursue any other legal or equitable remedy available to them to collect such bill of costs.
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb the sewer system without first obtaining a written sewer connection permit. Owners of premises desiring or required to connect with the sewer system shall first make application therefor in writing to the Township or its duly appointed agent for such purposes, who, upon approval of the application, shall refer it to the Township Secretary.
If the owner of the premises will have to connect with the sewer system by means other than through an existing Y, T or other connections on the sewer system and extension thereof to the curbline or cartway line of the road or street, the Township Secretary, upon receipt of the approved application, shall prepare and deliver to the applicant a form of bond payable to the Township in the amount the Township shall determine from time to time but not less than $1,000, with sufficient corporate sureties to indemnify the Township:
Against all damages for injury to the sewer system.
To replace in good condition any curbing, pavement or earth disturbed.
To indemnify and save harmless the Township, for two years from the completion of the work, from such repairs, costs and expenses, all damages, injuries and such actions and suits as are caused or occasioned by defective materials and workmanship and from all damages from any accident and from all costs and attorney's fees incurred by reasons of any matter, or thing done, committed or omitted by such owner, his agents or employees under such permit.
To comply in all respects with the ordinances, rules and regulations of the Township now in force or hereafter to be passed.
Upon receipt by the Secretary of the bond duly executed, he shall submit the bond to the Township or its duly appointed agent for such purpose for approval.
Upon the return to the Secretary of the bond approved by the Township or its duly appointed agent for those purposes, in all cases where a bond is required under § 155-9, and upon payment of the sewer connection charge provided in § 155-11, the Secretary shall issue a sewer connection permit authorizing the applicant to connect the premises with the sewer system.
[Amended 5-22-1990 by Ord. No. 226; 9-1-1996 by Ord. No. 320]
The sewer connection charge shall be paid by all owners of property connecting with and/or having use of the Township sewer system and owners of property who may hereafter connect to and/or have use of said system. The sewer connection charge shall be determined in accordance with the following schedule:
All costs and expenses incident to the installation of the sewer connection and connection of the premises with the sewer system shall be borne by the owner or owners of the premises. The owner or owners shall indemnify and save harmless the Township from any loss or damage directly or indirectly caused by or arising out of such installation and connection.
The connection fee schedule notwithstanding, at least one separate sewer connection shall be provided for every principal building, except that when a building stands at the rear of another and no separate connection to the sewer system can be made through an adjoining alley, court, yard or driveway, the sewer connection from the front building may be extended to the rear building upon written approval of the Township or its duly appointed agent for such purpose. In this case, each building shall be subject to the payment of a separate connection fee. In a complex of commercial or industrial buildings, each structure in the complex and each unit in an integrated structure shall be subject to payment of a separate connection fee.
All sewer connections, materials therefor, joint materials and methods used shall at all times be subject to the direction, supervision and approval of the Township or its duly appointed agent for such purpose.
The size and slope of the sewer connection shall be subject to the approval of the Township or its duly appointed agent for such purposes, but in no event shall the diameter be less than four inches nor shall the slope of such four-inch pipe be less than 1/8 of an inch per foot. The invert of the sewer connection at the point of connection with the building or premises shall be at the same or at a higher elevation than the invert at the point of connection with the sewer system.
No person or persons shall connect with the sewer system other than through, by or into Y's, T's or other connections or extensions thereof furnished by the Township or its agent in the sewer system without a special sewer connection permit and the designation of the location of said connections by the Township or its duly appointed agent for such purpose. No person shall drill into or tap any of the sewer system without written permission from the Township or its duly appointed agent for such purpose.
The owner or owners holding sewer connection permits shall notify the Secretary when the sewer connection is ready for inspection and connection with the sewer system. In no case shall backfill be placed until that inspection has been made.
All excavations for sewer connections shall be adequately guarded with barricades and lights to protect the public from hazards. All streets, sidewalks and public property disturbed in the course of making a sewer connection shall be restored in a manner satisfactory to the Township or its duly appointed agent for such purpose.
After 60 days have elapsed since the owner or owners received notice to connect with the sewer system as provided in § 155-6, the owner or owners shall forthwith abandon all privies, cesspools, sinkholes, septic tanks and other receptacles on premises for receiving sewage and/or industrial wastes, or at any time thereafter to erect, construct, use or maintain any pipe, conduit, drain or other facility for the discharge of sewage and/or industrial wastes except into the sewer system, and all privy vaults or cesspools or similar receptacles for human excrement shall be cleansed and filled under the direction of the Township or its duly appointed agent for such purpose, and no connection shall be permitted from any privy vault or cesspool to the sewer system.
It shall be lawful, if the public sewer system is not available in the area of a property requiring sewage services, for the owner thereof to build a private sewage installation, which shall be either a holding tank or small flow sewage treatment plant that in either case serves only one lot and is approved by the Pennsylvania Department of Environmental Protection. The private sewage installation may be used only until public sewage treatment is made available by the Township of Rostraver or its Sewage Authority and it shall be subject to the following conditions:
[Amended 6-3-1998 by Ord. No. 375]
Any private sewage installation shall be located on the lot it serves.
The owner will construct and properly operate the private sewage installation in accordance with all requirements of the Pennsylvania Department of Environmental Protection, Rostraver Township and the Rostraver Township Sewage Authority.
The owner will abandon the private sewage installation and connect (at his cost) to central disposal facilities when trunk and interceptor sewers are made available by the Township or its Authority.
No surface or roof drain water will be connected to the private sewage installation.
The owner will give adequate notice to Rostraver Township before connecting a private sewage installation to enable Township personnel to inspect the private sewage installation before it is covered.
In the event that the owner sells the property while a private sewage installation is still in operation, the owner will include in the deed a covenant that the private sewage installation will be maintained by the grantees in accordance with this article.
The owner will give a bond in the amount of $3,000 to Rostraver Township as security for the compliance by the owner and the successors and assigns of the owner with this article.
[Amended 4-7-2004 by Ord. No. 510]
After 10 days' notice to the owner, either Rostraver Township or the Rostraver Township Sewage Authority may take such action as is necessary to bring a private sewage installation in compliance with this article if the owner does not do so. The owner will pay to the Township or the Authority on demand any and all costs incurred by the Township or Authority pursuant to this Subsection B(8).
The owner will enter into a contract with the Township of Rostraver evidencing the obligations of the owner under this article.
No owner shall discharge or permit the discharge of any stormwater, surface water, swimming pool waters, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters into the sewer system.
Any person who violates any provision of §§ 155-5 through 155-22 shall be guilty of an offense and for every such violation, upon conviction, shall be sentenced to pay a fine of not less than $100 or more than $1,000 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days. Whenever any such person has been notified, in writing, by the Board of Township Commissioners, or its duly appointed agent for that purpose, that that person is guilty of violating any provision of §§ 155-5 through 155-22, each violation, and each full week that a violation is continued after receipt of the notification, shall be deemed a separate offense.
The schedule of sanitary sewage collection, transportation and treatment rates, rents and charges for sewer service for the Sweeney-Fellsburg-Pollock Run Sewage System that is set forth in Schedule A attached to and made a part of this section and that has been adopted by Rostraver Township Sewage Authority is adopted by Rostraver Township.
Schedule A: Sewer Service Rates.
[Amended 5-22-1990 by Ord. No. 225; 7-1-1996 by Ord. No. 319; 2-4-1998 by Ord. No. 368; 3-3-1999 by Ord. No. 398; 2-23-2000 by Ord. No. 422; 11-1-2006 by Ord. No. 554; 11-5-2008 by Ord. No. 578; 3-4-2009 by Ord. No. 588; 3-6-2013 by Ord. No. 638]
Modification of rates: District 1.
Residential users. The base rate for all residential users (as such term is defined within the Authority's Rules and Regulations) of Rate District 1 shall be $35 per month minimum service charge plus $5.75 per 1,000 gallons of water usage with an allowance of 4,500 gallons per quarter. The monthly minimum service charge shall apply to each residential unit connected to the system.
Commercial users. The base rate for all commercial users (as such term is defined within the Authority's Rules and Regulations) of Rate District 1 shall be $35 per month minimum service charge plus $15.75 per 1,000 gallons of water usage. The monthly minimum service charge shall apply to each commercial unit connected to the system.
School districts. The base rate for all school districts (as such term is defined within the Authority's Rules and Regulations) of Rate District 1 shall be $35 per month minimum service charge plus $15.75 per 1,000 gallons of water usage. The monthly minimum service charge shall apply to each school building connected to the system.
Modification of rates: District 2.
Residential users. The base rate for all residential users of Rate District 2 (as such term is defined within the Authority's Rules and Regulations) shall be $60 plus $5.75 per 1,000 gallons of water usage with an allowance of 4,500 gallons per quarter. The monthly service charge shall apply to each residential unit connected to the system.
Commercial users. The base rate for all commercial users of Rate District 2 (as such term is defined within the Authority's Rules and Regulations) shall be $60 plus $15.75 per 1,000 gallons of water usage. The monthly service charge shall apply to each commercial unit connected to the system.
School districts. The base rate for all school districts (as such term is defined within the Authority's Rules and Regulations) of Rate District 2 shall be $60 per month minimum service charge plus $15.75 per 1,000 gallons of water usage. The monthly minimum service charge shall apply to each school building connected to the system.
Tap fees. The fee associated with connecting to the Authority's system shall be $4,750 per equivalent dwelling unit.
All bills for sanitary sewage collection, transportation and treatment charges shall be rendered to the owner, or after proper arrangements, to the tenant of the premises to which the sewer service is furnished. Nevertheless the owner of the premises shall in all cases be ultimately liable for payment of such bills.
The Board of Commissioners appoints the Rostraver Township Sewage Authority to have charge and management of the sewer system and shall issue from time to time rules and regulations governing the use, operation and maintenance of said sewer system. The Township of Rostraver does hereby adopt the sewer system rules and regulations of the Rostraver Township Sewage Authority dated August 2, 1974, in each and every respect and in the form adopted by the Rostraver Township Sewage Authority on August 2, 1974, and as the same may be amended from time to time; the Township reserves the right to refuse permission to connect directly or indirectly to the sewer system, to compel discontinuance of use of the sewer system or to compel pretreatment of sewage and industrial wastes by any establishment in order to prevent discharges deemed harmful or to have a deleterious effect upon any portion of the sewer system. Nonresidential establishments having large variations in rates of water discharge shall install such devices at their own expense as may be required and approved by the Township for equalizing waste discharge rates. The Township's representatives shall have access at all reasonable times to both residential and nonresidential establishments for the purpose of establishing, determining or checking water consumption and employees, wastewaters discharged to or excluded from the sewer system and the character of discharges to the sewer system and to require installation and maintenance of water meters at the property owner's expense subject to the approval of the Township.
Note: Copies of the Rules and Regulations referred to in this section are available for public inspection during business hours in the Township Municipal Building.
The sanitary sewage collection, transportation and treatment charges imposed under § 155-23 shall be due and payable immediately upon receipt of the bill by the owner and/or tenant and shall be paid not later than the due date appearing on the bill. Said charges shall be subject to a ten-percent penalty if not paid within 15 days from the billing date, and if not paid before 90 days following the billing date, the charge plus the penalty shall bear interest at the rate of 1/2% per month or any fraction thereof until paid.
All sanitary sewage collection, transportation and treatment charges received by the Authority or any other agency which the Township may appoint shall be promptly deposited to the appropriate account established for such purposes.
The sanitary sewage collection, transportation and treatment charges imposed under § 155-23 shall become effective in accordance with Schedule A of that section. Billings in accordance with this section shall commence immediately.
The Board of Commissioners, either directly or through any person whom it may by resolution appoint or with whom it may contract, including the Authority, will render such bills for the sewer service charges and surcharges imposed by §§ 155-23 through 155-34 and will make collections thereof in accordance with those sections and any agreement or agreements entered into between the Authority and the Board of Commissioners relating to such billings and collection.
Each sewer service charge, surcharge and penalty imposed by §§ 155-23 through 155-34 shall be a debt due the Township or Board of Commissioners and shall be a lien on the property served and, if not paid within 90 days after the date of the bill, shall be deemed delinquent. In such event, the Township or Board of Commissioners may proceed to file a lien in the nature of a municipal lien in the office of the Prothonotary of Westmoreland County, Pennsylvania, and to collect the same in the manner provided by law for the filing and collection of municipal claims; or the Township or Board of Commissioners may proceed to collect such delinquent sewer service charge, surcharge and penalty by an action in assumpsit or by distress of personal property on the premises. In the event of failure to pay the sewer service charge, surcharge or penalty after they become delinquent as herein provided, the Township or Board of Commissioners shall be authorized, in addition to any other remedies authorized by law, to remove or close the sanitary sewer connection and shall have the right to enter upon the property served for such purpose and to take such steps as may be necessary to accomplish such removal or closing. The expenses of such removal or closing, as well as the expense of restoring any such sewer service or connection, shall likewise be a debt due the Township or Board of Commissioners and a lien on the property served and may be filed and collected as hereinabove provided, and such sanitary sewer connection shall not again be turned on or the sewage service restored until all sewer service charges, surcharges and penalties, including the expense of removal, closing and restoration, shall have been paid.
[Amended 2-23-2000 by Ord. No. 421]
Any person who violates any provision of §§ 155-23 through 155-34 or of the rules and regulations adopted in § 155-25 shall be subject to a fine or penalty of not less than $100 nor more than $1,000 for each offense and costs of prosecution, to be collected as fines or penalties are recoverable by law, and, in default of payment of such fine and cost of prosecution, shall be imprisoned for a period not exceeding 30 days; and whenever such person shall have been notified by the Board of Commissioners or by the service of a summons in a prosecution or in any other way that he is violating any provision of §§ 155-23 through 155-34, each day that he shall continue such violation after receipt of such notification shall constitute a separate offense punishable by a like fine or penalty.
Change of ownership or occupancy of any property served by the public sanitary sewage system as to which the service charge, surcharge or penalty imposed by any provision of §§ 155-23 through 155-34 is delinquent as provided in § 155-30 shall not be a cause for reducing or eliminating the rights and remedies of the Township or Board of Commissioners set forth in the above-cited sections.
The Board of Commissioners may by agreement with the Authority or any other person delegate, transfer, set over and assign to the Authority or to such other person any and/or all administrative duties, obligations and rights of the Board of Commissioners under §§ 155-23 through 155-34 and such other duties, obligations and rights of that Board as may be so assigned.
The proper officers of the Township are authorized and directed to make, execute and deliver the necessary drafts or vouchers in payment for and discharge of the obligation or obligations of §§ 155-27 through 155-34, if any, and the work herein directed, and to do and perform all and every act and thing necessary or convenient to fully and completely carry out the obligations and purposes of the Township set forth in §§ 155-23 through 155-34.