[Adopted 9-15-1992 by Ord. No. 533 (Part 11, Ch. 1, Art. A, of the 1994 Code of Ordinances)]
Unless the context specifies and clearly indicates otherwise, the meaning of items and phrases pertaining to this article should be as follows:
- APARTMENT HOUSE
- A building occupied by two or more dwelling units.
- The Borough of Paxtang, Dauphin County, Pennsylvania, a municipal corporation of the commonwealth, acting by and through its Borough 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.
- COMMERCIAL ESTABLISHMENT
- Any room, group of rooms, building or enclosure, except such room, group of rooms, building or enclosure constituting a home, which is connected, directly or indirectly, to the sewer system and used or intended for use in the operation of a business enterprise for the sale and distribution of any product, commodity, article or service or used or intended for use for any social, amusement, religious, educational, charitable or public purpose and containing plumbing facilities for kitchen, toilet or washing purposes.
- The Commonwealth of Pennsylvania.
- DEPARTMENT OF ENVIRONMENTAL PROTECTION
- The Department of Environmental Protection (DEP) of the Commonwealth of Pennsylvania, or its successor in authority.
- DEP PERMIT
- The permit which is required by the Department of Environmental Protection of the Commonwealth of Pennsylvania for the construction of a new sanitary sewer line or the extension of an existing sanitary sewer system.
- A. A building under one roof and occupied by one family or one business or industrial establishment; or
- B. A combination of buildings in one enclosure or group and occupied by one family or one business; or
- C. One side of a double building or house having a solid vertical partition wall; or
- D. Each room or group of rooms in a building occupied or intended for occupancy as a separate business or as separate living quarters by a family or other group of persons living together or by a person living alone; or
- E. Each apartment, office or suite of offices in a building or house having several such apartments, offices or suites of offices and using in common one or more hallways and one or more means of entrance; or
- F. Any trailer or mobile home occupied by one family or business.
- The person, firm or corporation named as such by the Borough of Paxtang.
- 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 process waste, as distinct from sanitary sewage, shall be discharged.
- INDUSTRIAL WASTES
- Any and all wastes discharged from any industrial establishment other than sanitary sewage.
- LAND DEVELOPMENT
- The improvement of one or two or more contiguous lots, tracts or parcels of land for any purpose involving:
- A. A group of two or more buildings; or
- B. The division or allocation of land or space between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features; or
- C. Any other project requiring the approval of the Township or the Borough pursuant to any act or ordinance.
- 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 person vested with ownership, legal or equitable, sole or partial, of any improved property.
- Any individual, partnership, company, association, society, corporation or other group or entity.
- PLUMBING INSPECTOR
- The person or persons appointed by the Borough to enforce the terms of this article.
- SANITARY SEWAGE
- Normal water-carried household and toilet wastes from any improved property.
- SEWAGE SYSTEM
- All facilities as of any particular time for collecting, plumbing, transportation, treating or disposing of sanitary sewage and industrial wastes to be owned by the Borough or by others.
- Any pipe or conduit constitutes a part of the sewer system used or usable for sewage collection purposes.
- STORM SEWER OR DRAIN
- A pipe or conduit which carries stormwater, surface water, drainage and certain industrial waste discharges, such as cooling and air-conditioning waters.
- Any street, road, lane, court, cul-de-sac, alley, public way, public square or private sewer easement.
- The division or a single lot, tract or parcel of land, or part thereof, into two or more lots, tracts or parcels of land, including changes in street lines or lot lines for the purpose, whether immediate or future, of improvement and development.
- Any person discharging or causing to be discharged any liquid to the sewage system.
- WATER SYSTEM
- The facilities owned by any person or persons and used for the supply of water to the public in and for the Borough.
The owner of any improved property whose property lines are within 150 feet of any public sewer line shall be required to connect thereto in such manner as this Borough may require, within 90 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, however, 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 § 336-9, shall be conducted into a sewer; subject, however, 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 shall be maintained at any time upon any improved property which has been connected to a sewer or which shall be required under § 336-9 to be connected to a sewer.
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 cleaned and shall be filled, at the expense of the owner of such improved property, 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, not cleaned 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 this Borough to make a connection to a sewer, referred to in this article, shall consist of a copy of this part (Ordinance No. 533), including its amendments and/or supplements at the time in effect, or a summary of each 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 90 days from the date such notice is given. Such notice may be given at any time when a sewer is in place which can receive and can convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner in accordance with law.
If the owner of any improved property benefited, improved or accommodated by a sewer, after 90 days' notice from this Borough requiring the connection of such improved property with a sewer, in accordance with § 336-9, 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 thereof by a municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law.
The owner of each property connected to the sewer system shall be responsible for all acts of tenants or other occupants of such improved property insofar as such acts shall be governed by provisions of this article.
No person shall uncover, connect with, make any opening into or use, alter or disturb, in any manner, any sewer or the sewer system without first making application for and securing a permit, in writing, from the Borough.
Application for a permit shall be made by the owner of the improved property to be served or his duly authorized agent.
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 Borough of the desire and intention to connect such improved property to a sewer.
Such person shall have made application for and obtained a permit from the Borough.
Such person shall have given the Borough at least 24 hours' notice of the time when such connection will be made so that the Borough may supervise and inspect the work of connection and necessary testing.
Such person shall have paid to the Borough any fee charged and imposed by the Borough as established by resolution and shall have secured a permit authorizing the connection and identifying the persons, firms or corporations who are to perform all work.
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 engineering reasons or other good cause shown, and then only after special permission of the Borough, in writing, shall have been secured, and subject to such rules, regulations and conditions as may be prescribed by the 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 the 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 the Borough and where the lateral is provided. The invert of a building sewer at the point of a gravity connection shall be at the same or a higher elevation than the invert of the sewer, unless the connection is a pressure connection from a force main discharge, as approved by the Borough. The connection of a building sewer to the lateral shall be made secure and watertight.
Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
Persons, firms or corporations intending to excavate for construction, repair or reconstruction of building sewers must comply with all requirements of Pennsylvania Act 287, as amended. This requires notification to all utilities at least 72 hours (three days) in advance of digging.
Editor's Note: See 73 P.S. § 176 et seq.
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 the Borough, in writing, to remedy any unsatisfactory condition with respect to a building sewer, within 60 days of receipt of such notice, the 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.
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 the 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.
Only persons, firms or corporations who have demonstrated by past performance to the satisfaction of the Borough that they are qualified and capable of performing plumbing work in accordance with good plumbing practice may install building sewers which connect to the sewer mains. All such persons must register with the Borough, giving name, key personnel, address and phone number. A list of approved firms shall be maintained by the Borough.
Any person who violates or fails to comply with any provision or requirement of this part or who constructs, alters or repairs a lateral or any other integral part of the sanitary sewage system in violation of an approved plan or directive of the Plumbing Inspector or of a permit or certificate issued under the provisions of this part, shall be guilty of a violation of this part, which violation shall constitute an offense and, upon conviction for every such violation, shall be sentenced to pay a fine of not more than $1,000 and costs and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days; provided that, when not otherwise specified, each seven days of continued violation shall constitute a separate offense.