[Adopted 5-2-2005 by Ord. No. 2005-01]
The fees for permits, inspections and tests
shall be as set forth from time to time by resolution of the Board
of Supervisors,
[Adopted 5-2-2005 by Ord. No. 2005-01]
It is 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 this Township.
Unless the context specifically and clearly
indicates otherwise, the meanings of terms used in this article shall
be as follows:
Any municipal authority incorporated under the Municipality
Authorities Act of 1945, as amended, by the Township to provide sewer
services.
The Board of Supervisors of the Township of Straban or, in
appropriate cases, its authorized representatives.
The extension from the sewage drainage system of any structure
to the lateral of a sewer.
Any room, group of rooms, building or enclosure connected
directly or indirectly to the sewer system and used or intended for
use in the operation of one business enterprise for the sale and distribution
of any product, commodity, article or service.
Any room, group of rooms, house trailer, building or other
enclosure connected directly or indirectly to the sewer system and
occupied or intended for occupancy as separate living quarters by
a family or other group of persons living together or by a person
living alone.
Solid wastes resulting from preparation, cooking and dispensing
of food and from handling, storage and sale of produce.
Any property 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 sanitary sewage and/or industrial
wastes shall be or may be discharged.
Any room, group of rooms, building or other enclosure connected
directly or indirectly to the sewer system and used or intended for
use, in whole or in part, in the operation of one business enterprise
for manufacturing, processing, cleaning, laundering or assembling
of any product, commodity or article or from which any process waste,
as distinct from sanitary sewage, shall be discharged.
Any and all wastes discharged from an industrial establishment
other than sanitary sewage.
Any room, group of rooms, building or other enclosure connected
directly or indirectly to the sewer system which does not constitute
a commercial establishment, a dwelling unit or an industrial establishment.
That part of the sewer system extending from a sewer to the
curbline or, if there shall be no curbline, to the property line,
or, if no such lateral shall be provided, then "lateral" shall mean
that portion of or place in a sewer which is provided for connection
of any building sewer.
Any improved property in which there is located more than
one dwelling unit, commercial establishment, industrial establishment
or institutional establishment, or any combination thereof.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, trust, association,
society, corporation, school district, municipality, municipal authority
or other group or entity.
The normal water-carried household and toilet wastes from
any improved property.
Any pipe, main or conduit constituting a part of the sewer
system and used or usable for collection and transportation of sanitary
sewage and industrial wastes.
All facilities, as of any particular time, for collecting,
pumping, transporting, treating and disposing of sanitary sewage and
industrial wastes by means of a community sewerage system operated
by the Township or an Authority (as defined in this article).
The Township of Straban, Adams County, Pennsylvania.
A.
This article shall apply to all areas of Straban Township,
Adams County, Pennsylvania, which now are, or which hereafter may
be, provided with public sewer service by the Township or an authority
(as defined in this article).
B.
This article shall apply to all future extensions of the sewage system as described in Subsection A hereof.
C.
The mandatory use of the sewer system shall not be
effective or enforced against any improved property or owner thereof
if the Pennsylvania Department of Environmental Protection will not
allow such use for any reason.
A.
The owner of any improved property accessible to and
whose principal building is within 150 feet from the sewer system
shall connect such improved property with and shall use such sewer
system, in such manner as the Township and/or an authority may require,
within 60 days after notice to such owner to make such connection,
for the purpose of discharge of all sanitary sewage and/or industrial
wastes from such improved property; subject, however, to such limitations
and restrictions as shall be established by ordinance of the Township
or by rules and regulations adopted by an authority.
B.
All sanitary sewage and industrial wastes from any
improved property, after connection of such improved property with
the sewer system as required by this article, shall be discharged
into a sewer; subject, however, to such limitations and restrictions
as shall be established by the Township and by such rules and regulations
as shall be adopted by an authority.
C.
No person shall place, deposit or permit to be placed or deposited upon public or private property within the Township any sanitary sewage or industrial wastes from any property required to be connected to the sewer system as provided in Subsection A hereof.
D.
No privy, privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon any improved property which has been connected to a sewer or to the sewer system or which shall be required under Subsection A to be connected to the sewer system.
E.
Every such privy, privy vault, cesspool, sinkhole,
septic tank or similar receptacle in existence shall be abandoned,
shall be cleansed and shall be filled at the expense of the owner
of such improved property, under the direction and supervision of
the Township. Any such receptacle not so abandoned, cleansed and filled
shall constitute a nuisance, and such nuisance shall be abated, as
provided by law, at the expense of the owner of the improved property.
F.
No privy, privy vault, cesspool, sinkhole, septic
tank or similar receptacle shall be connected with a sewer or to the
sewer system at any time.
G.
The notice by the Township to make a connection to the sewer system referred to in Subsection A shall consist of a copy of this article, including any amendments or supplements at the time in effect, or a summary of each section hereof and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within 60 days after the date such notice has been sent. Such notice may be sent by certified or registered mail, return receipt requested, or may be served upon the owner in person by any adult.
A.
No person shall uncover, connect with, make any opening
into or use, alter or disturb in any manner any sewer or part of the
sewer system without first obtaining a permit, in writing, from the
Township or an authority, whichever is the operator of the sewer system.
B.
Application for a permit required under Subsection A shall first be made by the owner of the improved property or by an authorized agent of such owner. The permit application shall be in accordance with such rules and regulations as may be adopted from time to time by the Township and/or an authority.
C.
The Township or an authority operating the sewer system
shall consider the application and, within 45 days after submission,
shall either approve or disapprove the application. If the application
is disapproved, it shall be returned to the applicant with a statement
explaining why the application was disapproved.
D.
No person shall make or shall cause to be made a connection
of any improved property with a sewer until such person shall have
fulfilled each of the following conditions:
(1)
Such person shall have submitted an application and
shall have received approval from the sewer system's operator to connect
such improved property to a sewer.
(2)
Such person shall have applied for and shall have obtained a permit as required by Subsection A from the operator of the system.
(3)
Such person shall have given notice to the operator
of the sewer system in accordance with its rules and regulations concerning
when such connection will be made so that the operator may supervise
and inspect or may cause to be supervised and inspected the work of
connection and any necessary testing.
(4)
Such person shall have furnished satisfactory evidence
that any tapping fee which may be charged and imposed against the
owner has been paid.
E.
Except as otherwise provided in this section, each
improved property shall be connected separately and independently
with a sewer through a building sewer. Grouping of more than one improved
property on one building sewer shall not be permitted, except under
special circumstances and for good sanitary reasons or other good
cause shown, but then only after special permission of the operator
of the sewer system shall have been secured, in writing, and only
subject to such rules, regulations and conditions as may be prescribed
by the operator of the sewer system.
F.
All costs and expenses of construction of a building
sewer and all costs and expenses of connection of a building sewer
to a sewer shall be borne by the owner of the improved property to
be connected; and such owner shall indemnify and shall save harmless
the operator of the sewer system from all loss or damage that may
be occasioned, directly or indirectly, as a result of the construction
of a building sewer or connection of a building sewer to a sewer.
G.
A building sewer shall be connected to a sewer at
the place designated by the operator of the sewer system and where,
if applicable, the lateral is provided.
H.
The connection shall be in conformity with the rules
and regulations of the operator of the sewer system, or as directed
by its engineer; and no connection in violation of the operator of
the sewer system's rules and regulations, or in violation of the directions
of the operator of the sewer system's engineer, shall be permitted.
I.
If, after 60 days' notice from the Township in accordance with § 103-39A, the owner of any improved property located within the Township and accessible to and whose principal building is within 150 feet from the sewer system shall fail to connect such improved property, as required, the Township may enter upon such improved property and construct such connection and may collect from such owner the costs and expenses thereof in the manner permitted by law, with any additional charges permitted by law.
J.
If any person, upon receipt of a notice from either
the Township or an authority, in writing, shall fail or shall refuse
to remedy any unsatisfactory condition and/or violation of the rules
and regulations with respect to a building sewer, within 60 days of
receipt of such notice, the Township and/or an Authority may refuse
to permit such person to discharge sanitary sewage or industrial wastes
into the sewer system until such unsatisfactory condition shall have
been remedied to the satisfaction of the Township and/or an authority.
A.
Sewer rentals and/or charges shall be imposed upon
properties connected to the sewer system in accordance with the classifications
and rates as adopted by the operator of the sewer system from time
to time.
B.
Residential flat fee. Residential properties connected
to the sewer system that do not have metered water service, or which
are not otherwise metered in a manner approved by the operator of
the sewer system, shall be charged a flat fee for sewer service as
provided by the fee schedule adopted from time to time.
C.
All commercial, institutional and industrial establishments
must have the water supply metered no matter what the source or sources
of water may be. If the establishment is not a water customer of a
community water system, it must use a water meter or meters approved
by the operator of the sewer system and installed and maintained in
accord with applicable regulations and/or policies. All costs associated
with the purchase, installation, repair and maintenance of such meter
or meters shall be paid by the establishment.
A.
The sewer rentals or charges as calculated in § 103-41 are imposed upon and shall be collected from the owner of each improved property that shall be or is connected, directly or indirectly, to the sewer system, for the use of the sewer system, which sewer rentals or charges shall be imposed and shall be effective as of the date of connection of the improved property to the sewer system.
B.
The sewer rentals or charges imposed by this article
shall be deemed to be a lien, in the nature of a municipal claim,
upon the property served by the sewer system, and the operator of
the sewer system shall have the right, in accordance with law and
its regulations, to enforce such lien against the improved properties
serviced or required to be serviced by the sewer system when such
rentals or charges are delinquent.
C.
The operator of the sewer system shall administer
the billing and collection of the sewer rentals or charges in accordance
with its rules and regulations.
A.
Whenever an improved property shall be connected with
the sewer system, the owner of such property shall be charged a tapping
fee and any connection fee and customer facilities fee imposed by
the operator of the sewer system.
B.
The amount of the tapping fee shall be determined
from time to time by the operator of the sewer system in accord with
statutory law.
C.
The tapping fee shall be due and payable at the time
application is made for the approval for connection, or upon the date
of connecting any such improved property to the sewer system, at the
cost and expense of the owner, when such owner shall have failed to
make such connection as required by this article.
D.
All tapping fees collected pursuant to this article
shall be credited to an account maintained to identify such fees collected
within a designated service district located in the Township.
E.
Tapping fees imposed by this article shall be a lien,
in the nature of a municipal claim, on the improved property connected
to, or required to be connected to, the sewer system.
Any person who shall violate this article shall
be liable, upon summary conviction, to a fine of not more than $1,000,
together with the costs of prosecution and attorney fees in each case.
Each day that a violation shall continue shall be deemed to be a separate
offense and shall be punishable as such.