Township of Richland, PA RULES AND REGULATIONS GOVERNING SEWAGE SERVICE

Contract Delinquents. No agreement will be entered into by the Township with any applicant for sewage service, whether owner or tenant, until all charges for service, rents, bills for work or other charges due by the applicant at any premises now or theretofore owned or occupied by him shall have been paid or until satisfactory arrangements for payment of such unpaid bills shall have been made.

Term of Contract. All contracts covering sewage service shall continue in force from month to month or billing period unless 10 days' written notice is given by either party of a desire to terminate the contract. When written notice, as mentioned before, is given by the customer of sewage service upon such notice, providing (a) the building is torn down and the facilities cease to be used, or (b) the premises sold and the new owner enters into a contract with the Township for services; the premises always being subject to vacancy and such other charges as later described herein.

Special Contracts. The Township may require, prior to approval of service, special contracts other than applications, under the following conditions:

If required by provisions in the schedule of rates, the duration of the contract to be as specified in the schedule.

If the construction of extension and/or other facilities is necessary.

For providing temporary service, including sewage service for building or other special purposes.

For connections with other qualified utilities or municipal subdivisions.

For extensions from the sewerage system, whether or not such facilities are to be conveyed to the Township.

If deemed necessary by the Township.

Governmental Regulations a Part of Contract. All contracts for sewage service shall be subject to the following provisions:

The contracts shall, at all times, be subject to such changes or other modifications as may be directed by action of the Legislature of the Commonwealth of Pennsylvania or other regulatory body, if applicable.

Individual Liability for Joint Service. Two or more parties who join to make application for service shall be jointly and severally liable and shall be sent periodic bills. The Township reserves the right, in such individual cases, when deemed necessary, to make one or more of said parties the guarantor for payment of said bill and to send a single bill.

New Application Upon Change in Ownership or Conditions of Use. A new application must be submitted and approved by the Township upon any change in ownership of the property, whether the owner is the customer or the tenant is the customer, or in the service, as described in the application; and the Township shall have the right, upon five days' notice, to discontinue the service until such new application has been made and approved. Upon change of ownership, the responsibility of complying with the foregoing is upon the buyer and seller, and their failure to do so makes both parties liable for any obligation owing which may be collected from either or liened against the property in either's name.

In connection with a change in service, any customer making any material change in size, character or extent of equipment or operations utilizing sewage service, or whose change in operations results in a substantial increase in the flow of sewage or industrial waste, shall immediately give the Township written notice of the nature of the change and, if necessary, amend his application.

Renewal of Service. Sewage service will be renewed under a proper application when the conditions under which such service was discontinued are corrected and upon the payment of all charges provided in the Schedule of Rates or Rules of the Township due from the applicant.

Condition of Plumbing System. The piping, plumbing and fixtures on the property of the customer are assumed to be in satisfactory condition at the time service facilities are connected and service furnished; and the Township, therefore, in connection with sewage service, may terminate such service if the plumbing and sanitary drainage system is not in accordance with the rules and regulations. All piping, plumbing, building sewer and related work on the premises shall be in accordance with the rules and regulations, Allegheny County Health Department, Plumbing and Building Drainage.

§ 18-605 Deposits.

[Res. 3-1979, 1/-/1979, § V]

General. The following general conditions shall apply to deposits in connection with applications for sewage service:

Cash deposits are required from customers taking service for a temporary period in an amount equal to the estimated gross bill for such temporary period. Cash deposits may be required with all applications for service and will be required in all cases involving contracts with tenants, provided that in no instance will deposits be required in excess of the estimated gross bill for any single billing period plus one month, plus a penalty of 5%, and shall not be less than a minimum charge of $10, or as currently in effect. Such deposits may be refunded subject to establishment of satisfactory payment records, over a period of eight quarters, and in accordance with the conditions set forth in the schedule of rates. A review of the payment records will be made in at least three months after the period of eight quarters.

The payment of any bill within the meaning of these rules shall be payment of the bill on or before the end of the month in which the bill is rendered, or the payment of any contested bill, payment of which is withheld beyond the period herein set forth. Any contested bill may be paid without penalty if the dispute is terminated substantially in favor of the customer and if the payment is made by the customer within 10 days thereafter.

The deposit will not bear interest.

Any customer having a deposit will pay bills for service rendered, in accordance with the rules of the Township, and the deposit shall not be considered as payment on account of a bill during the term the customer is receiving service. Upon discontinuance of service to a consumer for any reason set forth in these rules, the Township may apply the deposit of such consumer to the payment of an unpaid bill for service and may retain any deposit as security against payment for minimum charges applicable against unoccupied property if such premises are to be unoccupied.

When the customer desires to discontinue service, the Township will refund the deposit upon the return of deposit receipt, properly signed, together with payment in full for all service rendered, and a notice to discontinue service, said notice to be rendered in accordance with the conditions set forth herein; except that no refunds will be made until and unless a proper deposit is made for security for payment of minimum charges against an unoccupied property or a proper deposit is made by or for a new customer, or such other required deposits are made with the Township.

All new connections to the system shall be subject to such tapping fees as are currently in effect for the separate districts; and where the building line is already installed, the premises shall be subject to such connection fees as established by the Township as are currently in effect for the separate districts; unless said connections are made pursuant to a contract between the Township and sewage agency providing otherwise, in which case, the fees set forth therein shall be charged.

All connection fees as relate to sewerage systems are required to be paid in advance; but, if for any reason they are not, they are hereby made a lien against the property to be liened and collected against the property in the name of the owner, reputed owner, occupier, mortgagee, or anyone beneficially interested therein as claims are liened and collected under the Municipal Claims Law of the Commonwealth of Pennsylvania.

The owner and/or the purchaser of any property transferred which is now or hereafter connected with the system shall immediately notify the Township of the change of ownership; and the new owner or his duly authorized agent shall immediately make application for service; and, upon failure to do so, the Township shall have the right, upon five days' notice, to discontinue the service until such new application has been made and approved.

§ 18-606 Building Sewers and Connections.

[Res. 3-1979, 1/-/1979, IVI]

General. All building sewers and connections to the system of the Township shall be subject to submission of an application to the Township, approval of the application, and compliance with all requirements previously set forth, all requirements as follows and with any supplemental detailed regulations relative to design and installation of building sewers.

No unauthorized person shall uncover or make any connections with or openings into, use, alter or disturb any sewer owned by the Township without first having obtained a written permit from an authorized official, and permission to use the building sewer will not be granted until after a physical inspection has been made of the installation and determination made that said service line is constructed to exclude all stormwater, downspouts, foundation drains and such other illegal connections and all industrial wastes prohibited herein are excluded.

All systems, other than those owned by the Township, shall be subject to the regulations set forth herein or to regulations establishing higher standards.

A fresh-air inlet must be connected with the drain just inside the intercepting trap. Where underground, it may be extra-heavy cast iron. Said inlet must head into the outer air and finish with an approved open grill at a point just outside the front wall of the building. The fresh-air inlet must be the same size as the drain up to four inches; for drains five inches and six inches in size, it must be not less than four inches; for drains seven inches and eight inches in size, it must be not less than six inches; and for larger drains, not less than eight inches in size or its equivalent.

Building Sewer and Connection Materials. Only the following materials may be used for building sewers unless an exception is specifically approved for the particular location by the Township Engineer:

Extra-heavy or service weight cast iron with gasketed or caulked and leaded joints.

Extra-strength vitrified clay pipe (ASTM 700) with premium-type joints (ASTM C-425).

ABS plastic, Schedule 40 or heavier, with gasketed or solvent-welded joints.

ABS plastic, composite design (Truss pipe), with gasketed or solvent-welded Joints.

Polyvinyl chloride plastic, Schedule 40 or heavier, with gasketed or solventwelded joints.

The joints for vitrified clay pipe shall be of the premium type and in accordance with ASTM Specifications, Designation C-425-60T, and latest revisions. The joints, in general, shall be flexible, plastisol joints, such as Unilock or Tylax, or approved equal, and shall be a ring-type factory-preassembled full-compression joint with fins held with proper material which adheres to the gasket and vitrified surface of the socket. A nonshrinking grout of adhesive shall be used to cast the joint into the bell of the pipe, and the casting of gaskets in the bell shall be in accordance with the procedure recommended by the manufacturer of the pipe. The casting of the joints in the bell of the pipe shall be done prior to shipment of the pipe.

The lead for joints shall be in accordance with Federal Specification QQ-L-156; all joints in vitrified clay pipe between such pipe and metals shall be approved hotpoured jointing materials. The material shall be hot-poured, which shall not soften sufficiently to destroy the effectiveness of the joint subject to a temperature of 160° F., nor be soluble in any of the wastes carried by the sewer.

All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Township of any loss or damage that may directly or indirectly be caused by the installation of the building sewer. All costs and expenses incident to maintenance, repair, replacement and other work in connection with building sewers shall be borne by the owner.

All work in public streets, roads, alleys, rights-of-way, and other property shall be approved by the governing agency controlling such areas and the Township; and the Township exercises the right to do all work with respect to connection to the main sewer and bill the user and/or property owner for such work.

The use of old building sewers in connection with new buildings will be permitted only when they are found, upon examination and test by the Township or other authorized persons or agencies, to meet all requirements set forth herein.

The main drainage system of every house or building shall be separately and independently connected with the street sewer; except where one building exists or is erected in the rear of another, or on an interior lot, or of single ownership, and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

Plumbing-Drainage System. The plumbing system serving the premises shall be designated and constructed in accordance with the Allegheny County Plumbing Code, except that the following provisions shall govern in Richland Township in case of conflict:

Sewers buried beneath the floor may be extra-heavy cast-iron soil pipe with leaded and caulked joints and extended at least five feet outside the cellar wall, the pipe materials to be in accordance with the Specifications ASTM A-74-42, and latest revisions, Standard Specifications for Cast Iron Soil Pipe and Fittings.

The building drainage sewer must be provided with a horizontal intercepting trap placed inside the cellar wall or as close thereto as practical. The trap must be provided with a hand hole for convenience in cleaning, the cover of which must be properly fitted and made gastight and airtight with a heavy brass screw-cap ferrule caulked into the trap fitting.

Any other jointing materials and methods may be used only if approved by the Township Engineer for the particular installation.

Cast-iron pipe with leaded joints may be required where a building sewer is exposed to damage by tree roots. If the building sewer is installed in filled or unstable ground, the building sewer shall be of cast-iron soil pipe properly supported, except that nonmetallic material may be approved if laid in a suitable concrete bed or cradle, as approved.

Building Sewer and Connection; Design and Installation. The building sewer must be at least four inches in size laid on a straight slope with an approved grade and as near as possible at right angles to the street and at a depth to avoid all obstacles, to permit proper alignment, and to provide proper cover, and shall be designed and installed in accordance with the following requirements.

All excavation in the bottom of the trench shall conform to the curvature of the pipe and afford a good bearing surface. Where rock is encountered, the excavation shall be carried below the bottom of the pipe for the distance required, at least four inches, and the excavated area backfilled with granulated slag or approved equal material. The width of the trench shall be excavated to a minimum width, and the trench shall be properly shored where required. All excavation required for the installation of the building sewer shall be open trench work, unless otherwise approved.

In the installation of the vitrified clay pipe, the spigot shall be lined up true with the bell of the pipe; the gasket and spigot end of the pipe shall be lubricated with a water-resistant special cement or lubricant furnished by the manufacturer of the joint material and the pipe pushed home. In pushing the pipe home, a block shall be placed against the socket of the pipe, a pushing bar driven into the ground beside the block, and a light pressure applied to the bar against the block. The joints shall be installed in accordance with the requirements of the Township.

Cast-iron pipe joints shall be firmly packed with oakum or hemp and filled with molten lead not less than one inch deep. Lead shall be run in one pouring and caulked tight. No paint, varnish or other coating shall be permitted on the jointing material until after the joint has been tested and approved.

19.

All joints, as previously indicated, between such pipe and metals shall be made with approved hot-joint material, the joint first to be caulked tight with jute, hemp or similar approved material.

20.

All joints shall be gastight and watertight; and before being placed in service, the building sewer shall carry no flow. In the event that the Township or its authorized representative has reason to question the adequacy or tightness of construction of the service line, said service line shall be subjected to infiltration, exfiltration or smoke tests as required by the Township; and the cost of such tests, as well as the actual cost of construction of the service line itself, shall be borne entirely by the owner and/or prospective customer. At the option of the Township, the building sewer may be subjected to testing and shall be required to hold four psi of air pressure without leakage or a column of water 10 feet high above the invert at its point of connection to the Township's sewer.

21.

The size and slope of the building sewer shall be subject to approval, and in accordance with the Allegheny County Plumbing Code, but in no event shall the diameter be less than four inches, as previously set forth. The slope of the pipe shall not be less than 1/4 inch per foot, the Township exercising the right to approve less slope where extenuating conditions exist, subject to special requirements.

22.

The laying of pipe and backfill shall be performed in accordance with ASTM Specifications, Designation C-12, except that no backfill shall be placed until the work is inspected. All work shall be done by qualified plumbers and/or other persons.

23.

Wherever possible, the building sewer shall be brought to the building at an elevation sufficiently below the basement floor to permit proper connections to all house plumbing. No building sewer shall be laid parallel to or within three feet of any bearing wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe fittings.

24.

In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer, the capacity of such units to be subject to approval by the Township.

25.

The connection of a building sewer into the public sewer shall be made at the wye branch, if such branch is available at a suitable location. In the event suitable wye branches are not available, or in the opinion of the Township cannot be economically or properly installed, a connection into the public sewer shall be made by a special cast-iron, vitrified-clay or other saddle-type connection that meets the approval of the Township. Before any tapping machine is used, the applicant shall determine that the building sewer joints shall be compatible.

26.

If unusual trench conditions exist, such as excessive depth, or unstable soil or such other conditions are encountered, the Township may require the owner, at his expense, to encase the building sewer in concrete or have such other steps taken which, in the opinion of the Township, are necessary for proper installation.

27.

The Township may refuse a permit to allow a connection directly to the main intercepting sewer and require extensions and connection to a manhole, the manhole, sewer and other work to be done at the expense of the owner. In no event will a connection be permitted by the direct connection of a building sewer through a hole cut in the sewer.

28.

The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer.

29.

The applicant for the building sewer permit shall give 24 hours' notice to the Township or authorized agency when the building sewer is ready for inspection and connection to the public sewer, as well as submit such other notices as previously set forth. The connection shall be made under the supervision of the Township or authorized agency. The building sewer and connection to the Township sewer shall not be covered until inspected by the Township and permission is given to cover. If covered without permission, the Township may require the work to be uncovered at the expense of the applicant.

30.

All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the local municipality.

31.

Sewer Building Line and Connection; Maintenance. All sewer building lines and connections shall be maintained by the owner at his cost, and the sewer shall be protected properly and maintained by the owner. When repairs, renewals or replacements or other necessary work is required in the aforesaid facilities, the owner shall employ, without delay, competent tradesmen to do the work, at his expense. All leaks shall be repaired immediately. No work shall be done, however, without the approval of the Township, and it shall be done under the supervision of the Township.

§ 18-607 Use of Sewer.

[Res. 3-1979, 1/-/1979, § VII]

Required Use. All premises accessible to the public sanitary sewerage system shall be connected to the system at the expense of the user and/or property owner.

All premises accessible to the sanitary sewerage system upon which a building is hereafter constructed shall be connected to the system at the expense of the user and/or property owner.

All premises which hereafter become accessible to the sanitary sewerage system shall be connected to the system at the expense of the user and/or property owner, and such connection shall be made within three months after notice to make connection is issued by the Township or its authorized representatives.

All connections shall be made in accordance with requirements previously set forth and in accordance with the Plumbing Code or other applicable requirements of the municipality.

It shall be unlawful for any person owning any occupied building or premises accessible to the public sanitary sewerage system to erect, construct, use or maintain or cause to be erected, constructed, used or maintained any privy, cesspool, sinkhole, septic tank or other receptacle on such premises for receiving sanitary sewage.

No person shall discharge or cause to be discharged into the sewerage system any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water or unpolluted industrial process water, and connections permitting such discharges shall be eliminated within three months after notice to take such action is issued by the Township or its authorized representative.

The Township reserves the right to prohibit connections to the system, or to enforce discontinuance of the use of the sewerage system, for deleterious industrial wastes, or to require pre-treatment of such wastes in order to prevent damage to or adverse effect upon the system. The design, construction and operation of such pretreatment facilities shall be subject to approval of the Township.

The industrial wastes will be considered harmful, in general, if the discharge thereof into the system may cause any of the following:

Chemical reaction, either directly or indirectly, with the materials of construction of the public sewerage system in such a manner as to impair the strength or durability of the sewer structures.

Mechanical action that will result in damage to the sewer structures.

Prevention or interference with the normal inspection or maintenance of the sewer structures.

Reduction of the hydraulic capacity of the sewer structures.

Danger to public health and safety.

Obnoxious conditions inimical to public interest.

Subject to requirement by the Township, an approved manhole or manholes shall be constructed on the building or connecting sewer to facilitate observation, sampling and management of flow from the premises when the discharge from such premises, including industrial wastes or industrial wastes and sanitary sewage combined, is in excess of 100,000 gallons per quarter. Such structures shall be constructed in accordance with plans approved by the Township and shall be accessible, properly designed and in a safe location. The structures shall be constructed and maintained by the owner at his expense and shall be maintained to be safely accessible at all times. The providing of such structures is mandatory.

Prohibited Uses. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following waters or wastes to any public sewer:

Any liquid or vapor having a temperature higher than 150° F. or less than 32° F.

Wastes containing liquids, solids or gases which, by reason of their nature or quality, may cause fire, explosion, or be in any other way injurious to persons, the structures of the sewerage system or its operation.

Any waters or wastes having a pH lower than 5 1/2 or higher than nine or having any other corrosive property capable of causing danger or hazard to structures, equipment, and personnel of the sewage works. The Township may require installation and maintenance, where necessary, of suitable equipment to continuously measure and record the pH of wastes and discharge.

Wastes containing any noxious or malodorous gas or substance which, either singly or by interaction with sewage or other wastes, is, in the opinion of the Township, likely to create a public nuisance or hazard to life or prevent entry to sewers for their maintenance and repair.

Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, hair, chemical paints or residues, greases, lime slurry or any other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works. Maximum permissible concentration will vary throughout the system, depending on size of the sewer and flows.

Wastes containing insoluble, nonflocculent substances having a specific gravity in excess of 2.65.

Wastes containing soluble substances in such concentrations as to cause the specific gravity of the waste to be greater than 1.1.

Any water or waste which may contain more than 100 parts per million by weight of fat, oil or grease.

Wastes containing more than 10 ppm of any of the following gases: hydrogen sulfide, sulfur dioxide, nitrous oxide, or any of the halogens.

Wastes containing gases or vapors, either free or occluded, in concentrations toxic or dangerous to humans or animals.

Any waste containing toxic substances in quantities sufficient to interfere with the biochemical processes of sewage treatment works or that will pass through the sewage treatment works and exceed the state or interstate requirements for the receiving stream.

Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.

Any toxic radioactive isotopes without a special permit.

Wastes containing any of the following substances in solution in concentrations exceeding those shown in the following table:

Substance	Maximum Permissible Concentration (parts per million)
Phenolic compounds as C₆H₅OH	1
Chanides as CN	2
Cyanates as CNO	10
Iron as FE	17
Trivalent Chromium as Cr	3
Hexavalent Chromium as Cr	1
Nickel as NI	3
Copper as Cu	2
Lead as Pb	2
Tin as Sn	2
Zinc as Zn	2
Cadmium as Cd	2

Any substance in violation of the requirements of the United States Environmental Protection Agency or Pennsylvania Department of Environmental Resources or which would cause the Township to violate such requirements.

Any garbage that has not been shredded.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the Township or authorized agency, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, and other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Township or authorized agency and shall be located so as to be readily and easily accessible for cleaning and inspection.

Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.

Where installed, all grease, oil, and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.

Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner, at his expense.

When required, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans as approved. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.

As a condition of providing service to premises other than single-family residential, the Township may require the submittal of analytical data to establish the composition of the wastewater discharge. All measurements, tests and analyses of the characteristics of waters and wastes shall be determined in accordance with the Standard Methods for the Examination of Water and Wastewater and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manholes have been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. All such measurements, tests and analyses shall be at the expense of the owner of the premises.

§ 18-608 Meters; Sewage Service.

[Res. 3-1979, 1/-/1979, § VIII; as amended by Ord. 440, 12/16/2009]

General. In such instances where a premises is furnished sewage and not water service, the Township shall require the installation of a meter to measure water use, said installation to be made in accordance with the adopted standard meter and regulations as related to meters for regular water service of the Richland Township Municipal Authority of Allegheny County and to be made at the cost of the customer, and be subject to these rules and regulations. The customer must submit an application to the Township requesting approval of a proposed meter installation, and a permit must be issued therefor. The Township shall also require the installation of an outside register in order to facilitate reading the meter.

All premises subject to this section shall be required to utilize wireless water meters of the type directed by the Township.

The cost of replacing and/or installing the required wireless meters shall be paid by the customer, which cost will include the cost of the meter and related equipment and installation. Such costs must be paid in the amount and by the deadline set forth in a Schedule of Rates, which schedule may include an installment payment option.

The wireless meter replacement and installation costs owed pursuant to this section shall be considered to be a rate or charge for sewage service under § 18-610. Bills and payment shall be billed, due and payable in accordance with all the requirements, procedures and remedies for nonpayment set forth in § 18-610, Bills and Payment.

(3)

All wireless meters shall be installed or repaired or removed by an installer approved in advance by Richland Township.

(4)

The Board of Supervisors is authorized by resolution to establish and amend from time to time a schedule of rates, fees, charges, and payment deadlines and options for wireless meter replacement, payment and installation and to set deadlines for installation.

(5)

Failure of a customer to install the required meter within the time required will result in the imposition of a noncompliance fee to defray the Township's administrative, engineering and labor costs resulting from noncompliance, which noncompliance fee may be set and amended by resolution of the Board of Supervisors.

(6)

The noncompliance fee may be assessed quarterly or on some other periodic basis and will be stated on bills sent to the customer. Unpaid noncompliance fees shall be due and owing as part of the sewer rates and charges assessed for sewage service and shall be collectable in the same fashion as such sewage service rates and charges, and may be made a lien against the property, to be liened and collected against the property in the name of the owner, reported owner, occupier, mortgagee or anyone beneficially interested therein, as claims are liened and collected under the Municipal Claims Law of the Commonwealth of Pennsylvania, such lien to include all court costs and attorney's fees.

(7)

In addition to any other remedy set forth herein or at law, the noncompliance fee may be recovered by action at law against the owners of the property at the time the fee is imposed, along with court costs, interest and attorney's fees.

(8)

In addition to any other remedy set forth herein or at law, the Township may, where a property owner fails to install the meter required herein or pay any noncompliance fee, refuse to permit any additional building on the property to be tapped in to the Township sewage system, including any building existing at the time that a noncompliance fee is assessed or any building erected thereafter.

Size of Meter. The Township reserves the right, in all cases, to stipulate the size and type of the meter to be installed on each service or other type line and to require the installation of a larger size meter in any case where the peak use of water places any meter under undue or unusual strain, and/or exceeds the recommended meter capacity, and reserves the right to charge the fees currently in effect for the larger meters.

The minimum size of a meter installed shall be the same size as the water service line, except that on a three-fourths-inch line serving a domestic customer, the privilege of using a five-eighths-inch meter may be allowed by the Township.

Location. The location for the meter shall be subject to the approval of the Township, shall be at a convenient and accessible point, shall permit control of the entire supply, and shall allow proper protection of the meter from freezing or other harm.

No fixture shall be attached to, or any branch made in, the service between the meter and the source of supply.

In cases where it is not practical to place the meter within the building, the Township may require the property owner to construct, inside the property line, a brick or concrete meter pit with a suitable iron cover or a similar type of approved meter box, such installation to be made in accordance with a plan furnished or approved by the Township.

Installation of Meter. All piping, fittings, valves, check valves, gauges, bolts, nuts, meter pit structures, manholes or other accessories or materials, and the labor for installing the same, used in connection with meter settings within the property line of the premises shall be at the expense of the applicant. The customer shall employ for his work the services of skilled tradesmen, qualified and approved by the Township, who shall cooperate with the Township and install all the piping and appurtenances in accordance with the dimensions and requirements for each specific case, so that the meter or meters can be properly installed and connected by the Township. The customer shall furnish and install other service line as well handle, round way stop cock or gate valve, without waste, the same size as the service line on the street side and immediately before the meter, and a stop and waste cock or valve on the outlet side and immediately after the meter. A suitable check valve shall be furnished and installed by the customer at a point between the stop and waste cock or valve and the meter, if necessary and required. When a check valve is installed, a safety valve shall be furnished and installed by the customer at a convenient point in the house piping to relieve excess pressures due to heating of water.

Under certain conditions where there is a demand or necessity for uninterrupted water service in order to eliminate inconvenience to both the customer and the Township when repairs to or replacement of the meter is necessary, the Township may, at its option, require the installation of a battery of two or more meters on the one service line, with a combined capacity approximately equal to the capacity of the single meter requested. Such installation shall be properly valved to control or cut any single meter out of service and permit its removal without interruption of service through the remaining meter or meters. In cases where meters are so installed or where the Township requires more than one meter, bills will be separately rendered for each meter, the cost of such installations to be borne by the customer.

Maintenance, Care and Responsibility for Damage. The owner and/or tenant shall maintain all meters at his expense. In the event of injury, freezing or nonworking of the meter, the customer shall promptly notify the Township. The customer shall furnish and set another meter to replace the one frozen or damaged by such causes; and the cost of the repairs to the same, including replaced parts, labor, and transportation charges, as well as the costs of testing and costs for reinstallation or changing of the meter, shall be paid by him.

Meter Tests. All meters shall be accurately tested before installation and thereafter periodically tested.

In the case of meters used for private water supply systems and where public water is not furnished, should the Township at any time doubt the accuracy or correctness of the meter measuring water delivered to the customer's premises, the Township will, and if the customer so desires, in his presence or that of his authorized representative, make a test of the accuracy of the meter. When a customer desires, either personally or through a representative, to witness the testing of a meter, he may require the meter to be sealed in his presence before removal, which seal shall not be broken until the test is made in his presence. If the number so tested shall be found to be accurate within the limits herein specified, the Township shall be responsible for the cost of testing; but if not so found, then the cost thereof shall be borne by the customer.

A report of all tests shall be made to the customer or Township, and a complete record of such tests shall be kept by the Township. The amount of the fee for tests made by the Township shall be in accordance with the Schedule of Fees set forth in the Schedule of Rates.

Rates for testing meters not included in the above classifications or which are so located that the cost is out of proportion to the fee specified will be furnished by the Township after an appraisal has been made to determine the cost. The fee above stipulated shall be payable by the applicant in advance. In the event the meter so tested is found to have an error, the bill, based on the last reading of such meter or meters, shall be corrected accordingly. This correction shall apply both for over or under registration.

Change in Location of Meters. The customer shall pay for the cost of relocation of all meters made at his request or for his convenience.

Seals. No seal placed by the Township for the protection of any meter, valve, fitting, or other water connection shall be tampered with or defaced. It shall not be broken except upon authorization from the Township or in the presence of a Township representative. Where the seal is broken, the Township reserves the right to remove the meter for test, at the expense of the customer, even though said meter registers accurately.

Leaks. Customers are urged to give careful attention to their plumbing and fixtures and make immediate correction of all leaks. No allowance will be made by the Township for water used, lost, stolen, or otherwise wasted through leaks, carelessness, neglect, or otherwise after the same has passed through the water meter.

Reading and Registration of Meters. Readings of meters shall be taken monthly or quarterly, at the option of the Township; and the quantity recorded by the meter shall be taken to be the amount of water passing through the meter, which amount will be conclusive on both the customer and the Township, except when the meter has been found to be registering inaccurately or has ceased to register. In such cases, the quantity may be determined by the average registration of another meter for a period of at least 20 days, or of the same meter for a period of at least 20 days after is has been repaired, tested, and reset; or the quantity consumed during a previous corresponding period may be used as a basis for settlement. If none of these methods can be applied fairly, another method may be used that will be just and reasonable to the Township and to the customer.

Notification Relative to Condition of Meter. The customer shall notify the Township of damage to or the nonworking of the meter, or of the breaking of the seal or seal wire, as soon as he is aware of such a condition.

19.

Minimum Charge. Every merter installed is subject to a fixed minimum monthly or quarterly charge, in accordance with the rates thereof, for which certain quantities of water will be allowed without additional charge; and where more than one premises is furnished service through one meter, the same fixed minimum monthly or quarterly charge shall apply for each and every premises, and the method of preparing bills for such installation is set forth elsewhere herein. Such minimum shall be nonabatable for a nonuser of water and noncumulative against subsequent consumption. In the case of fractional bills covering less than a quarter, minimum charges and allowance shall be prorated.

20.

All premises are subject to minimum charges for inactive service, as set forth elsewhere herein. The property owner will be held responsible for all bills not paid by tenants and/or others occupying the respective premises.

21.

The billing for premises with respect to sewage services under a permit approving a meter on a private water system shall be subject to an additional minimum charge to defray the cost of the meter reading and other work, and such charges shall be in accordance with the fees set forth in the Schedule of Rates.

§ 18-609 Service.

[Res. 3-1979, 1/-/1979, § IX]

Discontinuance of Service.

By Customer. Any customer may terminate his active service contract with the Township upon giving written notice thereof to the Township, and upon the lapse of a reasonable time thereafter, to permit the Township to attend to details in connection with such discontinuance of service. The customer shall remain liable for active service to the premises described in his application until the Township has received written notice from him, and the termination of active service does not relieve the owner of the premises of making payments of the minimum charges established for unoccupied premises, if the premises become unoccupied.

Discontinuance of service by the Township for nonpayment of a bill or violation of these rules shall not cancel the application for service, not constitute a waiver of this rule, nor constitute a waiver for payment of bills as required under inactive service.

By Township. Active service under any application may be discontinued for any of the following reasons:

For misrepresentation in the application.

For the use of service for or in connection with, or for the benefit of, any other premises or purposes than those described in the application.

(3)

For willful waste of water through improper or imperfect pipes, fixtures, or otherwise.

(4)

For failure to maintain in good order the building sewer connection and fixtures owned by the applicant.

(5)

For failure to remove roof leader connections or other sources of surface water.

(6)

For failure to maintain in good order the water service line extension and connection and fixtures owned by the applicant.

(7)

For molesting or in any other way interfering with any service pipe, meter, meter box, curb stop, curb box, or with any seal, or any other meter or other fixtures and appurtenances of the Township.

(8)

For refusal of reasonable access to the premises for purposes of inspecting the piping, fixtures, and water system appliances therein.

(9)

For neglecting or refusing to make or renew advance payments, where required, or for nonpayment of sewage service, or for any charge accruing under the application.

(10)

Where the contract has been in any way terminated by the customer.

(11)

For premises where the use of water reduces the capacity of the sewer to such an extent that normal service to others is impaired, this condition relating to sewerage service.

(12)

For premises where the character of the wastes is detrimental to the sewer or is not in accordance with the requirements set forth herein.

(13)

For unauthorized use by others of the building sewer line.

(14)

For premises where apparatus, appliances or equipment using water or sewer are dangerous, unsafe, and not in conformity with any laws or regulations.

(15)

For fraud or abuse.

(16)

For violation of these rules and regulations, or other requirements governing the furnishing of sewage service.

(17)

The water service may be discontinued for nonpayment of a sewage bill.

Renewal of Service After Discontinuance. Service may be renewed under a proper application when the conditions under which such service was discontinued or corrected and upon the payment of all proper charges or amounts provided in the Schedule of Rates or Rules of the Township due from the applicant.

Turn-off Without Authorization. The customer shall not turn the water on or off at any corporation stop or curb stop, or disconnect or remove the meter, or permit its disconnection or removal without the consent of the Township.

§ 18-610 Bills and Payment.

[Res. 3-1979, 1/-/1979, § X]

Bills Rendered and Due. All bills for sewage service will be rendered at the end of the service period, residential billing normally to be on a quarterly basis. Bills for commercial, industrial, public, and other such services may be rendered on a monthly or quarterly basis, at the option of the Township.

All bills are payable in person at the office of the Township of Richland and at any pay agency of the Township, during regular business hours, or by mail.

The Township will make regular meter readings where meters are installed, monthly or quarterly, at its option, and bills will be rendered as soon as practicable after the reading of the respective meters.

All bills shall be due and payable upon the date of presentation; and, if not paid within the grace period, a penalty will be added to such bills. Acceptance or remittance of bills on the last day of this pay period shall be determined as evidenced by the postmark of the United States Post Office or by the date of receipt in case the postmark is missing or not legible.

A delinquent notice may be served by mail, telephone call, or in person to the effect that, unless the bill is paid within seven days from the end of the pay period, service will be discontinued, but the premises will continue to be subject to an inactive charge, which charges shall be cumulative.

If the owner, occupant, tenant, or customer shall fail to pay any rate or charge for sewer, sewage or sewage treatment service imposed by the Township, the Water Authority shall shut off the supply of water to such premises until such overdue rentals, rates and charges shall be paid, but such shutoff shall only be after seven days' written notice to the person liable for payment of the rentals and the premises have been posted as provided by law. Such premises will be subject to inactive charges for both water and sewage. The Township, in cases where no water utility furnishes service, shall terminate service based on the foregoing by physical means in preventing the use of the building sewer, at the cost of the owner.

If service is discontinued, it will not be restored until all unpaid bills and charges, including the turn-off charges, deposits, inactive and such other charges, are paid or satisfactory arrangements made for payment.

Lien Against Property. Notwithstanding the definition of the owner, tenant, and customer, as set forth in § 18-102 hereof, and notwithstanding that the customer, applicant or contractor entering into an agreement with the Township for the use of sewage service was not the owner of the premises served by the Township, the owner of the premises shall be liable in person and to charge property for all sewage services rendered to said premises, and the Township may, at its option, discontinue service as previously set forth, and in addition thereto, may file suit in assumpsit against the owner, tenant and customer, severally or jointly, and may use any other remedy provided by law for the collection of delinquent bills, and in addition, shall file a municipal claim against the said property within the time limit required by law for the collection of delinquent bills, and in addition, shall file a municipal claim against the said property within the time limit required by law for such filing, so that the claim shall be assessed against the said property in the same way as other taxes are filed and liened, and may issue a writ of scire facias or file a suggestion in the same manner and within the same period of time as provided by law for all municipal taxes and claims. The Township shall use any or all of the remedies so provided by law, and the use of any one remedy shall not be exclusive of the Township's other rights and remedies.

The municipal acts and authority acts relating to liens of property for nonpayment of water bills and sewage bills are incorporated herein by reference and made a part hereof.

Abatement of Charges. Customers desiring an abatement from sewage bills for active service due to vacancies shall give written notice at the office of the Township. Billing for sewage service will then be based on the vacancy and/or other charges as established. The restoration of active service will be subject to the payment of all previous billings and will be subject to the standard turn-on charge then in effect. Abatement will be made of a portion of the charges in the proportion that the period when service was terminated bears to the entire period, allowing for vacancy and other charges. No adjustment on meter bills will be made for any reason other than incorrect registering of meter.

Minimum Charge; Sewage Service; No Sewer Connection. A minimum charge will be levied and assessed against any property abutting and within 150 feet of the public sewer system, even though such premises is not connected to the sewer; providing, however, that connection to the sewer is feasible. All new premises shall be subject to extension of a sanitary sewer to permit obtaining service therefrom, providing such extension is not more than 150 feet, and a septic tank or other privately owned sewage treatment facilities shall not be constructed on such premises.

Sewage and Other Charge; a Lien Against Property. All sewage and other service charges herein designated or set forth in the Schedule of Rates are made a lien against the property to provide for nonpayment for sewage and other related service, such lien to be liened and collected against the property in the name of the owner, reputed owner, occupier, mortgagee, or anyone beneficially interested therein as claims are liened and collected under the Municipal Claims Law of the Commonwealth of Pennsylvania.

Termination of Water Service for Nonpayment of Sewage Service Bill. The water service will be terminated for nonpayment of sewage service bills in premises receiving both water and sewage service, even though the bills for water service are paid, the premises being subject to inactive charges regardless of such termination.

Charges for Active Sewage Service. All bills for sewage services furnished by the Township will be based on the published Schedule of Rates of the Township, the charges to be based on the quantity of water used on or in said premises, as the same may be measured by meters in use or other meters to be installed, or based on the number and type of fixtures, or based on flat rates, or based on unit charges, or such other methods, all as approved subject to conditions and to the requirements and rates set forth in the Schedule of Rates for each individual district and, in general, in accordance with the following:

Normal Charges. Each premises will be subject to a fixed minimum monthly or quarterly charge for sewage services and billed normally on a water use or fixture basis. The minimum charge shall be nonabatable for nonusers of water and noncumulative against subsequent use. In the case of fractional bills covering less than a month or a quarter, monthly or minimum charges shall be prorated. The charges for the use of water in excess of the quantities allowed under the minimum charges will be in accordance with the schedule of rates, the allowances of water for the minimum charges to be deducted from the quantities set forth in applying the schedule. The Township may, at its option, adopt the unit charge or other methods as a basis for normal billing.

Multiple Billing. The charge for sewage service in all cases where water use is the basis of charges and more than one premises is served through one building sewer shall be determined in accordance with the general procedures set forth with respect to multiple billing under the definition of "charges for sewage, multiple billing" in § 18-602 herein.

Unit Charges. The Township may, at its option and as set forth in the schedule of rates, bill on the basis of unit charges for sewage services in accordance with the following and the schedule of rates:

Residential, individual: subject to a single unit charge.

Residential, multiple, served by a single sewer service line, such as apartment and multiple-type dwelling, mobile home park or similar type of building or occupancy: subject to a unit charge for each residential premises therein.

(3)

Commercial, industrial, public or mixed, such as residential and commercial, residential and industrial, or any other such combination of premises; subject to the number of unit charges as determined by one of the following methods, the method to be used being subject to the option of the Township:

(a)

Method 1. The number of unit charges under this method shall be equal to the total quantity of water in gallons used, as determined by meter or other suitable method, divided by such factor or number of gallons as set forth in the Schedule of Rates. This method may be subject to total water used or to measurement of only such water as enters the sewer, the cost of metering to determine such flows to be subject to requirements previously set forth, all facilities required for such metering to be installed at the cost of the owner and/or occupant.

(b)

Method 2. The number of unit charges under this method will be equal to the man-days of employment in a commercial or industrial concern divided by such factor as set forth in the Schedule of Rates.

(c)

Method 3, Per-Person Basis Charges. The Township may, at its option, charge for sewage on a per-person or per-student basis for commercial, industrial and school premises.

(d)

Method 4, Miscellaneous. The Township, under this method, may establish miscellaneous methods for basing unit charges.

Surcharge for Certain Industrial Wastes. The Township will exercise the right to levy and assess against applicable premises a surcharge, or surcharges, for the handling and treatment of abnormal industrial, commercial, and other such wastes. The surcharge represents an apportionment of the cost for handling an excess load imposed on the sewage treatment plant by wastes stronger than normal sewage and of the additional costs of maintaining and operating the public sewerage system. The basis of such charges shall be as set forth in the Schedule of Rates.

The surcharges will be added to the normal sewage service charge and shall be subject to the same penalties applicable to other charges.

The strength of wastes subject to a surcharge, or surcharges, shall be determined periodically by the Township. The frequency and duration of the sampling period shall be subject to determination by the Township and shall be such as will permit reaching reasonably reliable conclusions as to the average composition of such wastes, exclusive of stormwater runoff, if any. The manholes or other facilities required for sampling shall be constructed at the cost of the owner and/or tenant and shall be constructed as previously set forth.

The samples will be collected by a representative of the Township, such samples to be collected in proportion to the flow of wastes, exclusive of stormwater runoff, if any, and to be composited for analysis. The procedures and analyses will be in accordance with the latest edition of Standard Methods for Examination of Water and Sewage, as published by the American Public Health Association.

The characteristics and strength of the wastes, as determined by analyses, shall be used to determine the applicability of the surcharge, or surcharges, and used as bases for establishing the amount of the surcharge or surcharges. The Township exercises the right to assess the costs of conducting flow measurements, and making the chemical and other tests, against the owner and/or tenant of the premises.

The Township may, at its option, accept the results of routine sampling and analyses by the producer of said wastes.

A minimum charge, as set forth in the Schedule of Rates, will be made against all vacant premises that are provided with a sewer line service connection; and, further, minimum charges will be made against all premises that abut on Township sewerage facilities and are located within 150 feet thereof, whether or not such premises are connected to the utility systems and whether vacant or occupied; all as applicable, said premises being feasible to be connected to said facilities; all such charges against the properties to be made a lien thereon, to be liened and collected against the property in name of the owner, reported owner, occupier, mortgagee or anyone beneficially interested therein, as claims are liened and collected under the Municipal Claims Law of the Commonwealth of Pennsylvania.

The principle of multiple billing or unit charge shall apply also in cases of inactive service where multiple premises are involved, as previously outlined.

§ 18-611 General.

[Res. 3-1979, 1/-/1979, § XI; as amended by Ord. 278, 9/18/1991; by Ord. 325, 7/3/1996; and by Ord. 336, 2/5/1997]

Inspection. Authorized employees of the Township, identified by proper badges or identification documents, shall have access to the customer's premises at all reasonable hours for the purpose of turning the water on or off; inspection, repair and/or replacement of service lines, service extensions, building sewers, manholes and other appurtenances; inventory of fixtures for billing purposes; inspection, setting, reading, repairing, and removal of meter; observation, measurement, sampling and testing of sewage or industrial wastes; and all such justifiable purposes.

The Township shall have the power to make such excavations as are required for the proper execution of the work.

Turn-On Charge. A turn-on and turn-off charge, currently in effect, shall be paid when water has been turned off because of an unpaid sewage bill, for violation of the terms of the application or rules of the Township, or at such times as service has been suspended at the customer's request, the charges to be in accordance with the Water Authority's Schedule of Rates.

This regulation relates only to turn-on and turn-off charges and does not affect the regulations relative to minimum charges for inactive services.

Interference with Township's Property. No workman, owner, or tenant, or other unauthorized person shall turn the water on or off at any corporation cock or curb stop, or break the seals, disconnect or remove the meter, or otherwise interfere with the Township's property, or do work on service line connections, service line extensions, building sewers and such other facilities, except in accordance with requirements as previously set forth.

For unauthorized operation of street valve, curb stop, service cock, or other portion of the service installation or building sewer installation, the person owning the premises served by the line connected to said street valve, curb stop, service cock or other service connection shall be required to pay $25 and any costs required in connection with damage to these facilities.

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the Township's sewage facilities. Any person violating this provision of these rules and regulations shall be subject to immediate arrest under charge of disorderly conduct.

Only Rules Binding. No agent or employee of the Township shall have the power to bind the Township by any promise, agreement or representation not provided for in these rules without the approval of the Township Board of Supervisors.

Service of Notices. All notices and bills relating to the Township or its business shall be deemed to have been properly served if left at the premises of the customer, or if mailed to the customer, directed to or left at his address as shown on the records of the Township.

The Township will send all such notices and bills to the address Township of Richland.

All notices of general character, affecting or likely to affect a large number of customers, shall be deemed to have been properly given or served if advertised in the newspaper designated by the Township.

The Township will send notices and bills with respect to inactive service to the owner of the property involved, all such properties being subject to minimum charges and to liens for nonpayment of all applicable minimum charges.

The Township will send notices and bills with respect to nonpayment of bills by tenants to the owner of the property involved, after service has been discontinued for nonpayment of bills, such owners being responsible for payment thereof.

Complaints. Complaints relative to the character of the service furnished or the reading of meters or of bills rendered must be made in writing and delivered to the main office of the Township.

Service Not Guaranteed. Nothing in these rules, nor any contract, nor representation, verbal or written, of the Township or any of its employees shall be taken or construed in any manner to be or constitute a guarantee to furnish service through any building connections, or to provide unreasonable sewer capacities or facilities, whether for domestic, commercial, industrial, manufacturing or other general uses, or for any other special purposes; but the Township will, at all times and under all conditions, endeavor to maintain the efficiency of its service.

Restriction of Supply. The Township reserves the right to restrict the use of sewers as to capacity and character of sewage.

Commonwealth of Pennsylvania; Bills for Sewage Service. The Commonwealth of Pennsylvania and any agency is entitled to a thirty-day period from the due date of any bill, within which it may pay for sewage service without the imposition of a penalty.

Penalties.

Any person found to be violating any provision of these rules and regulations shall be served by the Township with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

Any person who violates or permits a violation of this Part 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 more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 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 Part that is violated shall also constitute a separate offense.

[Amended at time of adoption of Code (see Ch. AO)]

Any person violating any of the provisions of these rules and regulations shall become liable to the Township for any expense, loss or damage occasioned the Township by reason of such violation.

§ 18-612 Approval of Sanitary Sewerage Systems.

[Res. 3-1979, 1/-/1979, 5XII]

General.

No sewers shall be extended from the sewers of the Township, and no sanitary sewerage systems and/or treatment facilities shall be constructed or such other work done without approval first having been obtained from the Township, permits obtained from the Department of Environmental Resources, Commonwealth of Pennsylvania, and permits, licenses, and/or approvals obtained as required from all federal, state, county and local agencies.

The work shall be done in accordance with these rules and regulations and those of the Township and other applicable requirements. Any work in areas other than the Township involving facilities served by the Township and/or facilities extended from the Township into adjoining municipal subdivisions shall be in accordance with the aforesaid requirements and any higher standards as established by the municipal subdivision in which the work is located.

The applicant must enter into an agreement with the Township providing for all conditions upon which approval will be granted, including conveyance to the Township of all sewerage facilities and sewage treatment plants.

The applicant must prepare at his cost all contract plans and specifications, right-of-way plans and contract documents and prepare at his cost other material such as is required to obtain all permits, licenses and/or other approvals and prepare the applications relative thereto and shall pay all fees.

The plans and reports shall be stamped with the seal of a registered professional engineer.

When sewage facilities are proposed by a developer or other private party for construction which are intended to be accepted by the Township for ownership, operation and maintenance, the Township may, at its option, undertake the design and construction of such facilities at the expense of the party proposing same. Any such project shall only be undertaken pursuant to an agreement between the party and the Township, according to which the party shall deposit with Township an amount of cash equal to 10% or more of the cost of the improvements, as estimated by the Township's Engineer, such deposit being intended to cover the cost of preparing plans and specifications and obtaining bids for construction of the project. Upon receipt of the required amount, the Township will proceed with the planning and obtaining of bids, using the deposited funds to pay the costs. If the deposit should prove to be insufficient for that purpose, the private party shall then be liable for the additional amount. After the bids are received, the Township, in its discretion, shall select the bidder to which it intends to award the contract and shall advise the private party of the estimated total cost to proceed with and complete the construction, including engineering, inspection, legal costs, right-of-way costs and other proper expenses. The private party shall promptly deposit with the Township such estimated total cost, in default of which the Township need not proceed further with the project. When the estimated total cost has been deposited, the Township will proceed with the construction using the deposited funds to pay all costs as they come due. If at any time it appears that the amount on deposit will be insufficient to complete the project, the Township shall require additional funds from the private party, in default of which the Township may, at its option, discontinue the work at any time. When construction is completed and the project is accepted by the Township, the private party shall be entitled to a refund of all funds not expended or obligated or shall be liable for any deficiency.

§ 18-613 Laws and Regulations to Sewerage.

[Res. 3-1979, 1/-/1979, XIII]

General. The construction of all sewerage and sewage treatment plant facilities shall be subject to the owner and/or developer obtaining at his cost all permits and approvals required by federal, state, county and other agencies. No applications for such permits shall be submitted until preliminary approval of the project is obtained from the Township.

State Department of Health. The requirements of the state under the Clean Streams Law, administered by the State Department of Environmental Resources, successor to the Sanitary Water Board in accordance with Act Number 394 of the General Assembly of Pennsylvania, approved June 22, 1937, as amended, are of great importance and provide as follows:

Approval of Plans, Designs and Relevant Data by the Sanitary Water Board. All plans, designs and relevant data for the construction of any new sewer system, or for the extension of any existing sewer system, by a person or municipality, or for the erection, construction, and location of any treatment works or intercepting sewers by a person or municipality, shall be submitted to the Sanitary Water Board for its approval before the same are constructed or erected or acquired. Any such construction or erection which has not been approved by the Board by written permit, or any treatment works not operated or maintained in accordance with the rules and regulations of the Board, is hereby also declared to be a nuisance and abatable as herein provided. Because permits can generally only be issued to municipalities, agencies of the municipalities or public utilities, all permits for the construction of new sewerage facilities by private developers or other private interests must be obtained in the name of the Township, the agency responsible for public sewerage in the Township.

Dams and Encroachments Permit. The installation of any facility in, along, across or projecting into all streams and bodies of water of the commonwealth, as provided in an Act approved June 25, 1913, and as amended May 6, 1937, must be approved by a permit to be obtained from the Department of Environmental Resources prior to actual construction.

State Department of Transportation. For the installation of facilities or work within the right-of-way of any state roadway, the Pennsylvania Department of Transportation requires that a highway occupancy permit be obtained from that Department. In the case of a county road, a permit must be obtained from the Allegheny County Department of Public Works.

State Department of Labor and Industry. The state requires that all sewer construction conform to the Regulations for Excavation and Construction of the Department of Labor and Industry. These regulations govern, essentially, safety requirements of construction or excavation, particularly as to bracing, shoring and sheeting of trench excavation. Notice by the contractor must be given to the Department of Labor and Industry on prescribed forms before any excavation is started. An exception to this requirement of notice is allowed for "any person hereinafter known as 'firm,' the majority of whose revenue is not obtained from contracting or construction, which digs or orders dug by its own employees more than 200 excavations in any one year" if the following requirements are met: 1) An exemption application be filed with the Department; 2) all work be supervised by engineers; 3) a daily file of work information be maintained; and 4) all disabling injuries be reported to the Department.

OSHA. The Federal Act commonly known as the Williams-Steiger Occupational Safety and Health Act, and regulations adopted pursuant thereto, may be relevant to sewerage work. Furthermore, the Federal Act commonly known as the Contract Work Hours and Safety Standards Act, and regulations adopted pursuant thereto, may be applicable.

Township and Others. All procedures and work must be in accordance with all applicable ordinances and regulations of the Township, all rules and regulations of the Township and others where required and not specifically listed herein. The work and plans relative to sewerage must be correlated with all Township subdivision and other ordinances and regulations.

§ 18-614 Application for Approval of Sanitary Sewerage Systems, and General Requirements Relative Thereto.

[Res. 3-1979, 1/-/1979, XIV]

A written application on the forms furnished by the Township, unless otherwise indicated, must be submitted for the purpose of requesting approval of a sewer line extension, sanitary sewerage system, including pumping stations and treatment facilities, and/or other work, and the obtaining or furnishing sewage service therefrom.

This application is to be signed by the owner or owners, to be subject to the terms and conditions set forth and included herein and Township requirements, and to the execution of an agreement; and this application, together with the rules and regulations of the Township, shall regulate and control all facilities and sewage service.

All applications for sewage service must be accompanied by all plans, documents, reports and other required materials as set forth herein.

The submission of the application must be in strict accordance with the rules and regulations of the Township.

§ 18-615 Procedure for Submittal of Reports and Plans.

[Res. 3-1979, 1/-/1979, § XV]

General. The applicant shall submit preliminary plans and reports to the Township for general review and recommendations and then prepare and submit applications, final plans and reports for approval. The general design of all proposed sewerage facilities shall be in complete compliance with the requirements of the State Department of Environmental Resources and all applicable rules and regulations of the Township.

Preliminary Plans. The applicant shall submit preliminary plans and reports, in triplicate, in accordance with the following:

A formal letter of request for review and recommendations.

An engineer's report setting forth a full description of the proposed system and setting forth the basis of design. The report must include a statement and description of the extent of area which it is proposed to include within the system at the present time, and in the future; the estimated present and future population to be served; the estimated per capita rates or volume of sewage to be provided for; the general character of the sewage and the proportion and nature of any industrial wastes; and such other data and information. Where industrial wastes are involved, all applications for service, regardless of location of the premises, must be accompanied by a detailed report setting forth the quantities and character of the wastes, the proposed rates of discharge, and such other facts as required. The report must include a detailed summary relative to the drainage areas and areas to be served; of the sewerage system, showing sizes of sewers, distances between manholes, grades, capacities and future ultimate flows in main and intercepting sewers; and, if treatment facilities are to be constructed, showing dimensions, sizes, capacities, and all pertinent data relative to each unit, types and capacities of all equipment, general plant and operating descriptive data, total plant capacities and such other data; and, if pumping stations are to be constructed, the type, head and capacities of pumping equipment, the type and size of motors, types and capacities of comminuting equipment and screens, descriptions of other equipment, sizes, capacities and other data relative to wet and dry wells, descriptions of operation and other data.

Preliminary plans showing the following:

Sewers. Layout of all sewers and manholes, showing sizes, distances between manholes, grades, type of sewers and approximate invert elevations of all manholes. Design features should be submitted at least in sketch form for special conditions, inverted siphons and such other features.

Pump Stations and Treatment Plants. Plans showing property lines, general plant layout, dimensions, types and sizes of all equipment, hydraulic profile and other pertinent features.

Outline specifications for pumping stations and sewage treatment plants and description of proposed materials and equipment.

Final Plans and Reports. The applicant shall submit five copies of final plans and reports, and other required items, all in accordance with the following:

A formal letter of request for final approval, preparation of an agreement, and such other actions as are required.

An engineer's report setting forth the information and data required in the preliminary report; and if no revisions or additional data are required, the preliminary report may be suitable as the final report. In addition, the applicant shall prepare all application forms, modules, report and such other data as required by the Pennsylvania Department of Environmental Resources.

All applications, plans, exhibits and supporting data required for submittal to all agencies having jurisdiction in order to obtain licenses, permits and approvals.

Final plans prepared by a qualified registered professional engineer showing the following:

Sewers. These plans must show the boundary line of the municipality or sewer district to be provided sewers; all existing and proposed streets, watercourses, and other salient topographic features; contour lines for intervals of not more than five feet; and the surface elevations at street intersections and at points where changes of slope occur. The plans must show clearly the locations of all existing sanitary and combined sewers but need not show the locations of drains used exclusively for surface or subsoil water. If it is proposed to provide sewers for only a part of the natural or artificial drainage areas, there must be indicated upon the plans how it is proposed, in general, to provide sewerage for each of the drainage areas in which it is not at the time planned to provide sewers. In the case of sewer extensions, the plans need show only the section wherein sewers are to be extended. In all cases the plans must clearly show the size of the sewer, the character of the sewer material, the slope, the elevation at the location of all points of change or slope, the direction of flow, the location of all manholes, flushing manholes, inverted siphons, pumping stations, the elevations of all stream beds, the direction of stream flow, the high- and low-water elevations of all water surfaces, and such other data and showing all profiles. The detailed plans shall include plans of all sewers and regular and special sewer appurtenances, structures of all types and such other features.