[Ord. 189, 7/141954, § 1]
The following words and terms, as used in this Part 1, shall
be construed and defined as follows, unless the context clearly indicates
otherwise:
1.
The words "sewer system," "Borough sewer system" or "sewer of the
Borough" mean and refer to the present sanitary sewer collection system
serving the Borough of Fountain Hill and any additions or extensions
that hereafter may be made thereto by the Fountain Hill Authority
or the Borough of Fountain Hill, but excluding stormwater sewers.
The use of these words shall not be determinative of the ownership
of the sewer system, which must be determined by reference to agreements
between the Borough of Fountain Hill and the Fountain Hill Authority.
2.
The word "sewage" means and refers to household waste, liquids, human
or animal excretion and all substances commonly known as sewage, but
shall not include roof or surface waters, exhaust steam, oils, tars,
grease, gasoline, benzine, or other combustible gases and liquids,
offal or insoluble solids, or substances which would impair, impede,
affect, interfere with, or endanger the sewer system or any part thereof
in any manner whatsoever, or the functioning of the processes of sewage
treatment or industrial waste.
3.
The words "industrial waste" mean and refer to any liquid, gaseous
or solid substance resulting from any manufacturing or industrial
processes.
4.
The words "hospital waste" shall mean and refer to any liquid, gaseous,
or solid waste substance resulting from the operation of a hospital.
5.
The words "occupied building" mean and refer to any structure erected
and intended for continuous or periodic habitation, occupancy, or
use by human beings or animals and from which structure sewage is
or may be discharged.
6.
The words "premises accessible to the sewer system" mean and refer
to real estate which adjoins, abuts on or is adjacent to the sewer
system.
7.
The word "connection" means and refers to the pipeline or pipelines
from the main or street sewer in any public highway, street, lane
or alley to the building line.
8.
The word "person" shall include individuals or natural persons, artificial
persons existing only in contemplation of law, and shall be construed
to include associations, partnerships, limited partnerships, joint-stock
companies, and corporations. The singular shall include the plural
and the masculine shall include the feminine and the neuter.
[Ord. 189, 7/14/1954, § 2]
1.
All persons owning any occupied building now erected upon premises
accessible to the sewer system shall, at their own expense, connect
such building with the sewer system on or before October 1, 1954.
2.
All persons owning any premises accessible to the sewer system upon
which a building is hereafter erected shall, at the time of the erection
of such building and at their own expense, connect the same with the
sewer system.
3.
All persons owning any occupied building upon premises which hereafter
becomes accessible to the sewer system shall, at their own expense,
connect such building with the sewer system within 90 days after notice
to do so from the Secretary of the Borough of Fountain Hill.
[Ord. 189, 7/14/1954, § 3]
If the owner of any property, after October 1, 1954, in the
case of property now accessible to the sewer system, and within 90
days after notice from the Borough to make connection of such property
with the Borough sewer system in the case of property not now accessible
to the sewer system, shall fail to make such connection, the Borough
may make such connection and may collect the cost thereof from such
owner by a municipal claim or in an action of assumpsit, as is provided
by law.
[Ord. 189, 7/14/1954, § 4]
No person shall make or cause to be made any connection of his
property with the Borough sewer system until he has fulfilled all
of the following conditions:
1.
He shall notify the Borough Council of his desire and intention to
make such connection;
2.
He shall pay a sewer connection fee of $2, which shall be payable
in advance to the Borough Secretary;
3.
He shall have applied for and obtained a permit to excavate in the
street, in accordance with the Borough ordinance regulating the same.
4.
He shall have given the Secretary of the Borough at least 24 hours'
notice of the time when such connection shall be made, in order that
the Borough Sewer Inspector or his authorized agent can be present
to supervise the work of connection.
[Ord. 189, 7/14/1954, § 5]
All work of making connections to any of the Borough sewers
shall be done under the personal supervision of the Borough Sewer
Inspector or his authorized agent.
[Ord. 189, 7/14/1954, § 6]
Every property to be connected to the sewer system as herein
provided shall be connected separately and independently with the
sewer system through the connection branch directly opposite the building
or nearest in a downstream direction. Two or more properties shall
not be permitted to discharge in the same building lateral connecting
any property with the sewer system, except under special circumstances,
and for good sanitary reasons, with special permission granted by
the Borough Council upon recommendation of the Borough Sewer Inspector.
[Ord. 189, 7/14/1954, § 7]
Where the building to be connected with the sewer system is
used, in whole or in part, for the preparation or serving of food
or for any other processing where grease, or grease in suspension,
may be produced, including, but not limited to, eating houses, restaurants,
hotels, drugstores, bars and saloons, there shall be installed in
each such connection a grease interceptor or trap of design and make
approved by the Borough Sewer Inspector.
[Ord. 189, 7/14/1954, § 8]
The Borough reserves the right and may elect to do all or part
of the work incidental to making any connection and shall so endorse
the permit. In such event the cost of labor and material for such
part of such work shall be charged to and paid by the property owner.
If not so paid, such costs may be collected by the Borough in such
manner as may be permitted by law.
[Ord. 189, 7/14/1954, § 9]
Each permit issued to a property owner, pursuant to the provisions
of this Part 1, for the making of a connection with the sewer system
shall be invalid unless work is commenced and completed in accordance
with the terms thereof, and no work shall be done after any permit
has expired unless and until a new permit shall have been obtained
from the Borough Secretary. The Borough reserves the right to revoke
any permit so issued upon violation of any of the provisions of this
Part 1, and the property owner whose permit shall be so revoked shall
thereupon be required to secure a new permit for the making of a connection
or connections with the sewer system upon such terms as the Borough
may prescribe.
[Ord. 189, 7/14/1954, § 10]
No privy vault, cesspool, sinkhole, septic tank or other receptacle
for human excrement or other waste materials shall at any time, now
or hereafter, be connected with any part of the Borough sewer system.
[Ord. 189, 7/14/1954, § 11]
On and after August 1, 1954, it shall be unlawful for any person
owning a building connected with the sewer system to discharge or
permit to be discharged, into any part thereof, roof or surface water,
exhaust water, exhaust steam, oils, tar, grease, gasoline, benzine,
or other combustible gases and liquids, offal, or insoluble solids
or substance which would impair, impede, affect, interfere with or
endanger the sewer system or any part thereof, in any manner whatsoever,
or the functioning of the processes of sewage treatment.
[Ord. 189, 7/14/1954, § 12]
On and after August 1, 1954, it shall be unlawful for any person to discharge or to permit to be discharged into the sewer system any industrial waste which would impair, impede, affect, interfere with or endanger the sewer system or any part thereof or the functioning of the processes of sewage treatment. No permit shall be issued for a connection, nor shall any connection be made, to the sewer system for the purpose of discharging industrial waste therein until the Borough Engineer shall have first determined that such industrial waste to be discharged into the sewer system is, or has been rendered by pretreatment or otherwise, reasonably harmless and would not impair, impede, affect, interfere with or endanger the sewer system or any part thereof or the functioning of the processes of sewage treatment. The Borough Engineer shall have access at all reasonable times to all plants and buildings from which industrial waste is being discharged into the sewer system for the purpose of determining whether any of the provisions of this Part 1 are being violated. In the event of any violation of this § 112, the Borough shall, in addition to the penalties provided for in this Part 1, have the right to compel the discontinuance of the discharge of such industrial waste.
[Ord. 189, 7/14/1954, § 13]
No privy vault, cesspool, sinkhole, septic tank, or other receptacle for human excrement shall hereafter be maintained upon any premises accessible to the Borough sewer system. Every such privy vault, cesspool, sinkhole, septic tank, or other receptacle shall, within 90 days after final enactment of this Part 1 in the case of premises now accessible to the sewer system, and within 90 days after the sewer system is made accessible in the case of premises not accessible to the sewer system, be abandoned, cleansed and filled under the direction of the Health Officer of the Borough. Any such privy vault, cesspool, sinkhole, septic tank, or other receptacle not abandoned, cleansed and filled as required by this section shall constitute a nuisance, and such nuisance may be abated on order of the Board of Health as provided by law, at the expense of the owner of such property.
[Ord. 189, 7/14/1954, § 14; as amended by Ord.
348, 1/4/1982]
Any persons who shall violate any of the rules, regulations or requirements set forth in this Part 1 shall be liable and, upon conviction by a District Justice or other court having jurisdiction, shall pay a fine of not more than $300 and costs of prosecution, or shall undergo imprisonment for not more than one day for each $10 of the unpaid balance of the fine and costs. Each ninety-day period during which a violation continues shall be deemed and taken to be a separate offense and punishable as such.
[Ord. 189, 7/14/1954, § 15; as amended by Ord.
348, 1/4/1982]
All fines and penalties resulting from prosecutions for violation
of this Part 1 shall be paid to the Secretary of the Borough of Fountain
Hill to apply to the general fund.
[Ord. 189, 7/14/1954, § 16]
If any provisions, sentence, clause, section or part of this Part 1 is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this Part 1. It is hereby declared as the intent of the Borough Council that this Part 1 would have been adopted had such unconstitutional, illegal, or invalid provision, sentence, clause, section or part not been included herein.
[Ord. 189, 7/14/1954, § 18]
This Part 1 is hereby declared to be urgent for the preservation
of the peace, health and comfort of the citizens of Fountain Hill
and shall take effect and be in force immediately after its passage.
