[Adopted 6-13-1972 by Ord. No. 291 (Ch.
18, Part 1 of the 1996 Code)]
[Amended 4-23-1996 by Ord. No. 509]
Unless the context specifically and clearly
indicates otherwise, the meaning of terms and phrases used in this
article shall be as follows:
The Municipal Authority of the Borough of Coopersburg, a
Pennsylvania municipality authority.
The Borough of Coopersburg, Lehigh County, Pennsylvania,
a municipality of the Commonwealth of Pennsylvania, acting by and
through its Council or, in appropriate cases, acting by and through
its authorized representatives.
The extension from the sewage drainage system of any structure
to the lateral of a sewer, including the connection to the lateral.
Property owner shall own the building sewer and is responsible for
any required maintenance or repair of the building sewer.
[Amended 3-23-1999 by Ord. No. 530]
Any property located within this Borough upon which there
is erected or created 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 used
or intended for use, in whole or in part, in the operation of a business
enterprise for the manufacturing, fabricating, 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 solid, liquid or gaseous substance or water borne 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 sanitary
sewage.
That part of the sewer system extending from a sewer to the
curbline or, if there shall be no curbline, to the property line.
For sewer service lines connected to sewers located within easements,
the lateral shall be that part of the sewer system extending from
a sewer to the easement line. The Borough shall be responsible for
any required maintenance or repair of the lateral unless the maintenance
or repair is necessitated by an illegal discharge from the building
sewer or root growth which enters the sewer system through the building
sewer.
[Amended 3-23-1999 by Ord. No. 530]
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 discharged
from any improved property.
Any pipe, main or conduit constituting a part of the sewer
system used or usable for sewage collection purposes.
All facilities, as of any particular time, for collection,
transporting, pumping, treating and disposing of sanitary sewage and
industrial wastes, situate in or adjacent to this Borough, owned by
the Authority and leased to this Borough for operation and use.
A.Â
Notice to connect. The owner of any improved property
benefited, improved or accommodated by a sewer shall connect such
improved property with such sewer, in such manner as this Borough
may require, within 45 days after notice to such owner from this Borough
to make such connection, for the purposes of discharge of all sanitary
sewage and industrial wastes from such improved property, subject
to such limitations and restrictions as shall be established herein
or as otherwise shall be established by this Borough, from time to
time.
B.Â
Use of sewer required. All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under Subsection A, shall be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or as otherwise shall be established by this Borough, from time to time.
C.Â
D.Â
Prohibited receptacles.
(1)Â
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or maintained at any time upon any improved property which has been connected to a sewer or which shall be required under Subsection A to be connected to a sewer.
(2)Â
Every such privy vault, cesspool, sinkhole, septic
tank or similar receptacle in existence shall be abandoned and, at
the discretion of this Borough, shall be cleansed and filled at the
expense of the owner of such improved property and under the direction
and supervision of this Borough; and any such privy vault, cesspool,
sinkhole, septic tank or similar receptacle not so abandoned and,
if required by this Borough, 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.
E.Â
No privy vault, cesspool, sinkhole, septic tank or
similar receptacle at any time shall be connected with a sewer.
F.Â
The notice by this Borough to make a connection to a sewer, referred to in Subsection A, 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 45 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 sanitary 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 registered mail or by such other method as at the time may be provided by law.
[Amended 6-9-1987 by Ord. No. 419; 12-12-1989 by Ord. No.
446; 4-23-1996 by Ord. No. 509]
A.Â
Permit required. No person shall construct any connection
to uncover, connect with, make any opening into or use, alter or disturb,
in any manner, any sewer main constituting a part of the sewer system,
without first making application for and securing a permit, in writing,
from the Borough Secretary. Such application shall be made on a form
to be provided by the Borough.
(1)Â
Where a sewer lateral presently exists, in place,
having been installed pursuant to a valid permit, the applicant shall
be subject to the payment of a permit fee, as established from time
to time by resolution of Borough Council, to cover administrative
and inspection costs.
(2)Â
Where new service connection is requested for premises
not previously served by a tap and lateral, the applicant shall be
subject to the payment of a permit fee, as established from time to
time by resolution of Borough Council, for a "first time" connection
for one dwelling, commercial, or industrial unit.
(3)Â
Where a service line presently exists or is to be
installed by a developer, or is to be extended to connect an additional
dwelling units (as in an existing development area) a fee, as established
from time to time by resolution of Borough Council, per unit.
B.Â
Application for a permit required under Subsection A shall be made by the property owner or an agent with written authority from the property owner.
C.Â
All connections to the sewer mains and the installation
of any lateral service line shall be accomplished in conformity with
the rules, regulations and specifications of the Borough.
(1)Â
Only persons properly authorized by the Borough shall
be permitted to make sewer service line installations and lateral
cuts and installations.
(2)Â
The Borough reserves 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 applicable, shall be and shall
be construed as part of this article.
D.Â
Except as otherwise provided in this Subsection D, 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 and then only after special permission of this Borough, in writing, shall have been secured subject to such rules, regulations and conditions as may be prescribed by this Borough.
E.Â
All costs and expenses of construction of a building
sewer and all costs and expenses of connection of a building sewer
to a sewer, including testing, shall be borne by the owner of the
improved property to be connected; and such owner shall indemnify
and save harmless this Borough from all loss or damage that may be
occasioned, directly or indirectly, as a result of construction of
a building sewer or of connection of a building sewer to a sewer.
F.Â
A building sewer shall be connected to a sewer at
the place designated by this Borough and where the lateral is provided.
The invert of a building sewer at the point of connection shall be
at the same or higher elevation than the invert of the sewer. A smooth,
neat joint shall be made and the connection of a building sewer to
the lateral shall be made secure and watertight
G.Â
If the owner of any improved property benefited, improved or accommodated by a sewer, after 45 days notice from this Borough requiring the connection of such improved property with a sewer, in accordance with § 177-9A, shall fail to connect such improved property, as required, this Borough may make such connection and may collect from such owner the costs and expenses by a municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law.
A.Â
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.
B.Â
No building sewer shall be covered until it has been
inspected and approved by this Borough. If any part of a building
sewer is covered before so being inspected and approved, it shall
be uncovered for inspection at the cost and expense of the owner of
the improved property to be connected to a sewer.
C.Â
Every building sewer of any improved property shall
be maintained in a sanitary and safe operating condition by the owner
of such improved property.
D.Â
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 all 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 constructed, in a manner satisfactory to the Borough.
E.Â
If any person shall fail or refuse, upon receipt of
a notice from this Borough, in writing, to remedy any unsatisfactory
condition with respect to a building sewer within 45 days of receipt
of such notice, this Borough may refuse to permit such person to discharge
sanitary sewage and industrial wastes into the sewer system until
such unsatisfactory conditions shall have been remedied to the satisfaction
of this Borough.
F.Â
This Borough reserves the right to adopt, from time
to time, additional rules and regulations as it shall deem necessary
and proper relating to connections with a sewer and the sewer system,
which additional rules and regulations, to the extent appropriate,
shall be and shall be construed as a part of this article.
[Amended 4-23-1996 by Ord. No. 509]
A.Â
Any person who shall violate any provision of this
article shall, upon conviction thereof, be sentenced to pay a fine
not exceeding $1,000 and costs and, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Each day that a violation of this article continues shall constitute
a separate offense.
B.Â
Fines and costs imposed under provisions of this article
shall be enforceable and recoverable in the manner at the time provided
by applicable law.
