Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
Derry Township Municipal Authority, a Pennsylvania municipal
authority.
The extension from the sewage drainage system of any structure
to the lateral of a sewer.
Any property located within the Township 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
sewage and/or industrial wastes shall be discharged.
Any room, group of rooms, building or other enclosure used
or intended for use, in whole or in part, in the operation of one
business enterprise for manufacturing, fabricating, processing, cleaning,
laundering or assembling of any product, commodity or article, or
from which process waste, as distinct from sewage, shall be discharged.
Any solid, liquid or gaseous substance or waterborne wastes
or form of energy rejected or escaping in the course of any industrial,
manufacturing, trade or business process or in the course of the development,
recovery or processing of natural resources as distinct from sewage.
That part of the sewer system extending from a sewer to a
point three feet beyond the curbline or, if there shall be no curbline,
then to a point beyond the paved surface of the road to be determined
by the consulting engineer 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 person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity.
Normal water-carried household and toilet wastes from any
improved property.
Any pipe or conduit constituting a part of the sewer system
used or usable for sewage collection purposes.
All facilities, as of any particular time, for collecting,
pumping, transporting, treating or disposing of sewage and industrial
wastes to be owned by the Authority.
The Township of Derry, Dauphin County, Pennsylvania, a municipality
acting by and through its Board of Supervisors or, in appropriate
cases, acting by and through its authorized representatives.
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 therewith, in such manner
as the Township may require, within 60 days after notice to such owner
from the Township to make such connection, for the purpose of discharge
of all sewage and industrial wastes from such improved property, subject
to such limitations and restrictions as shall be established in this
article or otherwise shall be established by this Township from time
to time.
All sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under § 161-8 of this article, shall be conducted into a sewer, subject to such limitations and restrictions as shall be established in this article or otherwise shall be established by the Township from time to time.
No person shall place or deposit or permit to be placed or deposited upon public or private property within the Township any sewage or industrial wastes in violation of § 161-8 of this article. No person shall discharge or permit to be discharged to any natural outlet within the Township any sewage or industrial wastes in violation of § 161-8, except where suitable treatment has been provided which is satisfactory to the Township.
A.
No privy, vault, cesspool, sinkhole, septic tank or similar receptacle shall be used and maintained at any time upon any improved property which has been connected to a sewer or which shall be required under § 161-8 of this article to be connected to a sewer.
B.
Every such privy, vault, cesspool, sinkhole, septic
tank or similar receptacle in existence shall be abandoned and, at
the discretion of the Township, shall be cleansed and filled under
the direction of the Township, and any such privy, vault, cesspool,
septic tank or similar receptacle not so abandoned and, if required
by the Township, cleansed and filled, shall constitute a nuisance
and such nuisance may be abated as provided by law, at the expense
of the owner of such improved property.
No privy, vault, cesspool, sinkhole, septic
tank or similar receptacle at any time shall be connected with a sewer.
The notice by the Township to make a connection to a sewer, referred to in § 161-8 of the article, shall consist of a copy of this article, including any amendments and/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 from the date such notice is given. Such notice may be given at any time after a sewer is in place which can receive and convey sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner either by personal service or by certified mail or by such other method as at the time may be provided by law.
If the owner of any improved property, located in the Township and accessible to and whose principal building is within 150 feet from the sewer system, after 60 days notice from the Township, in accordance with § 161-8 of this article, shall fail to connect such improved property, as required, the Township may make such connection and may collect from such owner the costs and expenses thereof. In such case, the Township shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the owner of the improved property; as required, the Township may make such connection and may collect from such owner the costs and expenses thereof. In such case, the Township shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the owner of the improved property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such improved property to pay said bill, the Township shall file a municipal lien for said construction within six months of the date of the completion of the construction of said connection, the same to be subject in all respects to the general law provided for the filing and be recovery of municipal liens. Nothing in this section shall be construed to prevent or excuse the imposition of a fine or fines for violation of this article.
No person, firm or corporation shall connect
or permit to be connected to the sewer system of the Derry Township
Authority any lateral or other type of sewage service line unless
prior to said connection a notice to connect shall have been received
from the Derry Township Municipal Authority and the owner of the property
to be connected shall have applied for and had issued a connection
permit in accordance with the rules and regulations of the Derry Township
Municipal Authority.
No person, firm or corporation shall deposit of discharge or permit to be deposited or discharged to the sewer system of the Derry Township Municipal Authority any sewage or industrial waste except through facilities connected to the sewer system of the Derry Township Municipal Authority pursuant to the requirements of § 161-15 of this article.
Nothing in this article shall be construed to
affect the manner in which the connections have heretofore been made
or will hereafter be made to the facilities owned by the Hershey Sewerage
Company so long as said company owns and operates sewerage collection
and treatment facilities within Derry owns and operates sewerage collection
and treatment facilities within Derry Township.
Where an improved property, at the time connection
to a sewer is required, shall be served by its own sewage disposal
system or device, the existing house sewer line shall be broken on
the structure side of such sewage disposal system or device and attachment
shall be made, with proper fittings, to continue such house sewer
line as a building sewer.
Every excavation for a building sewer shall
be guarded adequately with barricades and lights to protect all persons
from damage and injury. Streets, sidewalks and other public property
disturbed in the course of installation of a building sewer shall
be restored, at the cost and expense of the owner of the improved
property being connected, in a manner satisfactory to the Township.
If any person shall fail or refuse, upon receipt of a notice of the Township, in writing, to remedy any unsatisfactory condition with respect to a building sewer, within 60 days of receipt of such notice, the Township may treat such refusal in the same manner as though the owner had failed to connect to the sewer system, and may proceed to remedy the condition and collect the cost thereof as provided in § 161-14 of this article.
Notwithstanding any of the terms of this article,
connection to the sewer system of the Derry Township Municipal Authority
shall at all times be subject to such rules and regulations relating
thereto as shall be adopted by resolution of the Authority, and failure
to observe and comply with such rules and regulations relating thereto
as shall be adopted by resolution of the Authority shall be a violation
of this article.
Notwithstanding the Department of Labor requirements
under the Occupational Safety and Health Act, the excavation trench
which exposes the Authority's lateral tee must be adequately shored
to prevent the undermining of curbs, streets and/or roads. Such work
is to be at the cost and expense of the owner of the improved property
being connected to the Authority's lateral tee.
[Amended 3-14-2006 by Ord. No. 553]
Any person, firm or corporation who shall violate
any provision of this article, upon conviction thereof in an action
brought before a district justice in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
Fines and costs imposed under provisions of
this article shall be enforceable and recoverable in the manner at
the time provided by applicable law.
It is declared that enactment of this article
is necessary for the protection, benefit and preservation of the health,
safety and welfare of the inhabitants of the Township.
