§ 170-1Definitions.
§ 170-2Connection required; time limit.
§ 170-3Sewage and industrial wastes to be conducted into sewer.
§ 170-4Unlawful deposit or discharge of sewage or industrial wastes.
§ 170-5Use of certain receptacles restricted.
§ 170-6Connection of certain receptacles prohibited.
§ 170-7Notice to connect; when rentals begin.
§ 170-8Permit required for certain work.
§ 170-9Application for permit.
§ 170-10Conditions for making sewer connections.
§ 170-11Separate and independent connections required; exception.
§ 170-12Costs and expenses; nonliability of Borough.
§ 170-13Connection to lateral.
§ 170-14Failure to connect.
§ 170-15Private sewage disposal systems or devices.
§ 170-16Inspection and approval of building sewer.
§ 170-17Maintenance requirements.
§ 170-18Safety requirements.
§ 170-19Failure to remedy unsatisfactory condition.
§ 170-20Additional rules and regulations authorized.
§ 170-21Violations and penalties.
§ 170-22Recovery of fines and costs.
§ 170-23Purpose.
Unless the context specifically and clearly indicates otherwise, the meanings of terms used in this article shall be as follows:
- AUTHORITY
- Duncannon Borough Municipal Authority, a Pennsylvania municipality authority.
- BOROUGH
- The Borough of Duncannon, Perry County, Pennsylvania, a Pennsylvania municipal corporation, acting by and through its Council or, in appropriate cases, acting by and through its authorized representatives.
- BUILDING SEWER
- The extension from the sewage drainage system of any structure to the lateral of a sewer.
- IMPROVED PROPERTY
- Any property located within this Borough 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.
- INDUSTRIAL ESTABLISHMENT
- Any room, group of rooms, building or other enclosure used or intended for use in the operation of one business enterprise for manufacturing, processing, cleaning, laundering or assembling any product, commodity or article or from which any process waste, as distinct from sanitary sewage, shall be discharged.
- INDUSTRIAL WASTES
- Any and all wastes discharged from an industrial establishment, other than sanitary sewage.
- LATERAL
- 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.
- OWNER
- Any person vested with ownership, legal or equitable, sole or partial, of any property located in this Borough.
- PERSON
- Any individual, partnership, company, association, society, corporation or other group or entity.
- SANITARY SEWAGE
- Normal water-carried household and toilet wastes from any improved property.
- SEWER
- Any pipe or conduit constituting part of the sewer system used or usable for sewage collection purposes.
- SEWER SYSTEM
- All facilities, as of any particular time, for collecting, pumping, treating and disposing of sanitary sewage and industrial wastes, situate in or adjacent to this Borough and owned by the Authority and leased to this Borough for operation and use.
- STREET
- Includes any street, road, lane, court, alley or public square.
The owner of any improved property abutting on or adjoining any street in which there is a sewer shall connect such improved property therewith, 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 purpose 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 otherwise shall be established by this Borough from time to time.
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under § 170-2, shall be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by this Borough from time to time.
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 § 170-2 to be connected to a sewer; provided, however, that septic tanks may be used, under special conditions, as authorized by Council in writing.
Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence, except for septic tanks specially authorized by Council, shall be abandoned and, at the discretion of the Borough, shall be cleansed and filled at the expense of the owner of such improved property, under the direction and supervision of the Borough; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned, and, if required by the Borough, cleansed and filled, shall constitute a nuisance, and such nuisance may be abated as required 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 to a sewer.
The notice by the Borough to make a connection to a sewer, referred to in § 170-2, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of such section thereof 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. Rentals shall begin at the end of the forty-five-day notice period.
No person shall uncover, connect with, make any opening into or use, alter or disturb, in any manner, any sewer or any part of the sewer system without first obtaining a permit, in writing, from this Borough.
Application for a permit required under § 170-8 shall be made by the owner of the improved property served or to be served.
No person shall make or cause to be made a connection of any improved property with a sewer until such person shall have fulfilled each of the following conditions:
Such person shall have notified the Secretary of this Borough of the desire and intention to connect to a sewer.
Such person shall have given the Secretary of this Borough at least 24 hours' notice of the time when such connection will be made so that this Borough may supervise and inspect the work of connection and necessary testing.
Such person shall have furnished satisfactory evidence to the Secretary of this Borough that any tapping fee charged and imposed by the Authority against the owner of each improved property who connected such improved property to a sewer has been paid.
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 and then only after special permission of this Borough, in writing, shall have been secured and subject to such rules, regulations and conditions as may be prescribed by this Borough.
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 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.
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.
If the owner of any improved property abutting on or adjoining any street in which there is a sewer, after 45 days' notice from this Borough, in accordance with § 170-2, shall fail to connect such improved property, as required, this Borough may impose a penalty equal to the current sewer rental and/or may collect from such owner the costs and expense thereof by a municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law.
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.
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.
Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
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 Borough.
If any person shall fail or refuse, upon receipt of a notice of 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 condition shall have been remedied to the satisfaction of the Borough.
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 part of this article.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $25 nor more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county jail for a period not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also 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 inhabitants of this Borough.
