[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:
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.
The extension from the sewage drainage system of any structure
to the lateral of a sewer.
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.
The Department of Environmental Protection (DEP) of the Commonwealth
of Pennsylvania, or its successor in authority.
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 building under one roof and occupied by one family or one
business or industrial establishment; or
A combination of buildings in one enclosure or group and occupied
by one family or one business; or
One side of a double building or house having a solid vertical
partition wall; or
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
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
Any trailer or mobile home occupied by one family or business.
The person, firm or corporation named as such by the Borough
of Paxtang.
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.
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.
Any and all wastes discharged from any industrial establishment
other than sanitary sewage.
The improvement of one or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more buildings; or
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
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.
The person or persons appointed by the Borough to enforce
the terms of this article.
Normal water-carried household and toilet wastes from any
improved property.
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.
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.
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.
A.Â
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.
B.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 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.
A.Â
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.
B.Â
Application for a permit shall be made by the owner of the improved
property to be served or his duly authorized agent.
C.Â
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:
(1)Â
Such person shall have notified the Borough of the desire and intention
to connect such improved property to a sewer.
(2)Â
Such person shall have made application for and obtained a permit
from the Borough.
(3)Â
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.
(4)Â
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.
D.Â
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.
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 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.
F.Â
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.
G.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.
H.Â
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.[1] This requires notification to all utilities at least 72
hours (three days) in advance of digging.
[1]
Editor's Note: See 73 P.S. § 176 et seq.
I.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 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.
J.Â
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.
K.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.
L.Â
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.
M.Â
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.
