[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Short title. This article shall be known and may be cited as the
"Public Sanitary Sewage System Ordinance of Easttown Township."
B.
Purpose. The purpose of this article is to promote, protect, preserve
and otherwise provide for the public health, safety and welfare by
providing for public sanitary sewage systems within Easttown Township
and related matters, including, but not limited to, requiring or permitting
the connection with and the use of public sanitary sewage systems
by certain improved properties, providing for connections to and extensions
and use of public sanitary sewage systems, establishing a sanitary
sewage district, and providing for connection charges and sewage rental
fees.
A.
General.
(1)
The captions and headings used in this article are for convenience
only and shall not control or affect the meaning or construction of
any provisions of this article.
(2)
Unless otherwise expressly stated, or where the context clearly indicates
otherwise, the words and phrases defined in this article, whether
with initial capitalization, full capitalization, or otherwise, shall
be construed throughout this article to have the meanings indicated
in this section.
(3)
The present tense of any word or phrase used in this article includes
the future; the singular number includes the plural, and the plural
the singular; and the masculine gender includes the feminine and neuter.
(4)
Unless specifically provided otherwise in this article, any reference
in this article to any other ordinance of the Township, to any federal,
commonwealth or county law or statue, to any regulation, study, map,
survey, report, specifications or other matter issued or prepared
by the Township, or any officer or official thereof, and/or by any
federal, commonwealth or county public body, or any officer or official
thereof, shall include such other ordinance, such law or statute,
and such regulation, study, map, survey, report, specifications or
other matter, with all amendments and supplements thereto, and any
new ordinance, law, statue, regulation, study, map, survey, report,
specifications or other matter substituted for the same, as in force
at the time of application under this article.
(5)
Unless specifically provided otherwise herein, any reference in this
article to any governmental agency, department, board, commission
or other public body, or to any public officer or other public official,
shall include an entity or official which or who succeeds to substantially
the same functions as those performed by such public body or official
at the time of the application under this article.
(6)
The provisions of this article shall be liberally construed to effectively
carry out its purposes. In interpreting and applying the provisions
of this article, the provisions shall be held to be the minimum requirements
for the promotion of such purposes.
(7)
Where the provisions of this article impose greater restrictions
than those of any other applicable ordinance or regulation of the
Township, the provisions of this article shall prevail and control.
Where the provisions of any other applicable ordinance or regulation
of the Township or any applicable commonwealth or federal statue or
regulation imposes greater restrictions than this article, the provision
of such other applicable Township ordinance or regulation or such
other applicable commonwealth or federal statute or regulation shall
prevail and control.
(8)
In the event of any inconsistency or conflict between or among the
provisions of this article, the provision or provisions imposing the
greater or greatest restriction shall prevail and control.
B.
ACCESSIBLE TO PUBLIC SEWER
APPLICABLE RULES, REGULATIONS AND REQUIREMENTS
ARTICLE
AUTHORITY
AUTHORITY SPECIFICATIONS
BOARD OF SUPERVISORS
BUILDING SEWER
COMMONWEALTH
CONSTRUCTION CODE ACT
EDU
EDU ALLOCATION RESOLUTION
HEALTH DEPARTMENT
IMPROVED PROPERTY
INDUSTRIAL ESTABLISHMENT
INDUSTRIAL WASTES
INTERNATIONAL PLUMBING CODE
INTERNATIONAL RESIDENTIAL CODE
LATERAL
NATURAL OR CREATED OUTLET
OWNER
PADEP
PERSON
PUBLIC SEWER
SANITARY SEWAGE
TOWNSHIP
TOWNSHIP ENGINEER
VFSA
WASTEWATER TREATMENT PLANT
Specific definitions. As used in this article, the following words
and phrases shall have the meanings indicated below, except where
the context specifically and clearly indicates otherwise:
With respect to a property, shall mean that the property
adjoins, abuts on or is adjacent to a public sewer or a street or
off-street easement in which a public sewer is located.
All Township, Health Department, commonwealth (including,
but not limited to, PaDEP), and/or federal rules, regulations and
requirements which are applicable to a particular construction, installation,
maintenance, work or other activity regulated, provided for, required
or allowed by, or otherwise subject to this article. Without limiting
the generality of the foregoing, "applicable rules, regulations and
requirements" shall include the Authority specifications. In the event
of any inconsistency or conflict between or among any such Township,
Health Department, commonwealth and/or federal rules, regulations
and requirements, the rule, regulation or requirement which imposes
the greater or greatest restrictions shall prevail and control.
Easttown Municipal Authority.
The specifications set forth in the document entitled "Standard
Specifications for Construction of Sanitary Sewers and Appurtenances,"
adopted from time to time by the Authority.
The Board of Supervisors of the Township; the governing body
of the Township.
That part of the drainage system of a structure, extending
from the structure to the lateral, into which part waste from the
structure shall or may be discharged.
The Commonwealth of Pennsylvania.
The Pennsylvania Construction Code Act, Act of November 10,
1999, P.L. 491, No. 45, as amended, 35 P.S. § 7210.101 et
seq.
An equivalent dwelling unit; a measure of wastewater flow
anticipated to be received from a single-family dwelling unit or the
equivalent.
The resolution adopted from time to time by the Authority,
establishing and otherwise providing criteria allocating EDUs to improved
properties according to use.
The Health Department of Chester County, Pennsylvania.
Any property within the Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals and from which structure sanitary
sewage and/or industrial waste shall or may be discharged.
Any improved property located in the Township and used or
intended for use, wholly or in part, for the manufacturing, processing,
cleaning, laundering or assembling of any product, commodity or article
or any other improved property located in this Township from which
wastes, in addition to or other than sanitary sewage, shall or may
be discharged.
Any and all waste discharged from an industrial establishment,
other than sanitary sewage.
The "International Plumbing Code" as such term is defined
and/or used in the Construction Code Act and the regulations promulgated
thereunder.
The "International Residential Code" as such term is defined
and/or used in the Construction Code Act and the regulations promulgated
thereunder.
That part of the public sewer extending from a sewer main,
located in the street right-of-way or off-street easement, to the
structure side of the building sewer serving an improved property
and connected or to be connected with the building sewer. If there
are no present improvements on a property, "lateral" shall mean the
part of the public sewer extending from said sewer main to the street
right-of-way line or off-street easement line for future connection
to the building sewer, if and when the property is improved.
Any outlet, whether naturally occurring or created, to a
watercourse, ditch, pond, lake or other body of surface water or groundwater.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
The Department of Environmental Protection of the commonwealth.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipal authority or other group
or entity. Whenever used in any provision of this article prescribing
and imposing a penalty or imposing a fine or imprisonment, "person"
shall include the members of an association, partnership or firm and
the officers of any local agency or municipal, public or private corporation,
for profit or not for profit.
Any off-site system, including all parts, facilities and
other appurtenances thereof (including laterals), owned and/or operated
by the Township for the collection, conveyance, treatment and/or disposal
of sanitary sewage and/or industrial wastes through means approved
by PaDEP.
Sewage, as defined in and by the Pennsylvania Sewage Facilities
Act, Act of January 24, 1966, P.L. (1965) 1535, as amended, 35 P.S.
§ 750.1 et seq., and the rules and regulations of PaDEP
thereunder.
The Township of Easttown, Chester County, Pennsylvania, acting
by and through the Board of Supervisors or, in appropriate cases,
authorized representatives.
The professional engineer, licensed as such in the Commonwealth
of Pennsylvania, duly appointed and employed as the Engineer for the
Township or engaged by the Township as a consultant thereto.
Valley Forge Sewer Authority, a Pennsylvania municipal authority,
which owns and operates the wastewater treatment plant that processes
most of the Township's sanitary sewage.
The wastewater treatment plant and related facilities owned
and operated by VFSA, to which plant most sanitary sewage and/or industrial
waste, collected by the public sewer, is conveyed by the public sewer
for treatment and disposal.
C.
Authority specifications. Without limiting, but in furtherance of,
the generality of other applicable requirements of this article, the
Authority specifications, for purposes of Section 305 of the Construction
Code Act (35 P.S. § 7210.305), shall constitute standards
containing provisions which equal or exceed the requirements of the
regulations promulgated under the Construction Code Act, the International
Residential Code and/or the International Plumbing Code for lateral
connections located on private property and connecting to the public
sewer. For purposes of the foregoing, "lateral connection" shall include
a "lateral" and a "building sewer" as those two terms are defined
in this article.
A.
Required connection with and use of public sewers.
(1)
The owner of any improved property which is accessible to a public sewer and whose principal structure, or any part thereof, is within 150 feet from the public sewer shall connect the improved property to the public sewer and shall use the public sewer within 60 days, or such other additional time as may be determined appropriate by the Township, after notice from the Township to make such connection and use is served upon the owner, for the purpose of discharging all sanitary sewage and/or industrial wastes from the improved property. The notice of the Township to connect with and use the public sewer shall be in accordance with Subsection C.
(2)
The owner of any unimproved property which is accessible to a public
sewer and which subsequently becomes an improved property, with any
part of the principal structure on the property being within 150 feet
from the public sewer, shall, at the time of the erection of the structure,
install sanitary facilities in the structure and connect the same
to the public sewer and use the public sewer for the purpose of discharging
all sanitary sewage and/or industrial wastes from the improved property.
(3)
The connection with and use of the public sewer in Subsection A(1) and (2) above, as well as the installation of the sanitary facilities in the structure under Subsection A(2) above, shall be at the expense of the owner of the improved property, subject to and in accordance with the applicable rules, regulations and requirements, and otherwise subject to and in accordance with the provisions of this article, including, but not limited to, the limitations and restrictions set forth in this article.
B.
Permitted connections with and use of public sewers.
(1)
The owner of any improved property accessible to a public sewer,
on which property no part of the principal structure is within 150
feet from the public sewer, who desires to connect with and use the
public sewer for the purpose of discharging all sanitary sewage and/or
industrial wastes from the improved property shall be permitted to
connect with and use the public sewer for such purpose, provided that
the public sewer and wastewater treatment plant has sufficient capacity
to accept, treat and dispose of the sanitary sewage and/or industrial
wastes to be discharged from the improved property.
(2)
The owner of any improved property not accessible to a public sewer,
but who desires to connect with and use the public sewer for the purpose
of discharging all sanitary sewage and/or industrial wastes from the
improved property, shall be permitted to connect with and use the
public sewer for such purpose, provided that the owner, at the owner's
expense, is able to arrange for connection to the public sewer through
intervening properties, and the public sewer and wastewater treatment
plant has sufficient capacity to accept, treat and dispose of the
sanitary sewage and/or industrial wastes to be discharged from the
improved property.
(3)
The connection with and use of the public sewer under Subsection B(1) and (2) above shall be at the expense of the owner of the improved property, subject to and in accordance with applicable rules, regulations and requirements, and otherwise subject to and in accordance with the provisions of this article, including, but not limited to, the limitations and restrictions set forth in this article.
C.
Notice.
(1)
The notice to the owner of improved property by the Township to make connection with and use a public sewer, as provided in Subsection A, shall consist of a written or printed document referring to this article and requiring the connection within 60 days, or such additional time as may be determined appropriate by the Township, from the date such notice is served upon the owner. The notice may be served at any time after a public sewer is in place that is able to receive and convey sanitary sewage and/or industrial waste from the improved property to the wastewater treatment plant for treatment and disposal. The notice shall be served by personal service or by registered mail, or by such other method as at the time may be provided or permitted by law.
(2)
In the event that the owner of the improved property fails to connect
with and use the public sewer within the sixty-day period or such
additional time as may be determined appropriate by the Township,
after notice to connect and use has been served upon the owner, the
Township, at its sole discretion, shall have the right, but not the
duty, by itself or agents thereof, to enter upon the improved property
and construct the connection. In such case, the Township shall, upon
completion of the connection work, send an itemized bill of the cost
of connection to the owner, which bill shall be payable in full immediately.
Should the owner fail to so pay the bill, the Township shall have
the right to collect the same in the manner permitted and pursuant
to law, including, but not limited to, the filing of a municipal claim
and lien therefor.
D.
Limitations and restrictions on sanitary sewage and industrial wastes to be discharged into a public sewer. All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a public sewer as may be required or permitted under Subsection A or B, shall be conducted into the public sewer; subject, however, to the limitations and restrictions as shall be provided in this article and/or as otherwise may be established by the Township and/or the VFSA from time to time. Such limitations and restrictions shall include, without limitation, the wastewater discharges set forth in Article IV, Wastewater Discharges, of this chapter.
A.
No person shall place or deposit, or permit to be placed or deposited, upon public or private property within the Township any sanitary sewage or industrial wastes in violation of § 345-24A.
B.
No person shall discharge, or permit to be discharged, to any natural or created outlet within the Township any sanitary sewage or industrial waste in violation of § 345-24A, except where suitable treatment has been provided that is satisfactory to the Township and that is consistent and in compliance with the applicable rules, regulations and requirements, including, but not limited to, applicable rules, regulations and requirements and/or permits of or issued by PaDEP and/or the Health Department.
A.
Except as may be otherwise specifically approved and authorized in writing, by and at the discretion of the Township, no privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be constructed, used or maintained at any time upon any improved property which is connected to the public sewer or which is required to be connected with and use a public sewer under § 345-24A.
B.
Except as may be otherwise specifically approved and authorized,
in writing, by and at the discretion of the Township, every such privy
vault, cesspool, sinkhole, septic tank or similar receptacle in existence
shall be abandoned and, upon connection of the improved property to
the public sewer, shall be decommissioned and all components thereof
removed from the improved property or, at the discretion of the Township,
cleansed and filled. Such abandonment, decommissioning, removal, cleansing
and filing shall be at the expense of the owner of the improved property,
shall be completed within such time after connection of the improved
property to the public sewer as the Township shall direct, shall be
under the direction and supervision of the Township, and shall be
in accordance with applicable rules, regulations and requirements.
Any such privy vault, cesspool, sinkhole, septic tank or similar receptacle
not so abandoned, decommissioned, removed, cleansed and/or filled,
is hereby declared to be a nuisance, which shall be abated as provided
by law at the expense of the owner of the improved property.
C.
No such privy vault, cesspool, sinkhole, septic tank or similar receptacle
shall, at any time, be connected to or with the public sewer.
A.
Sanitary sewer permit.
(1)
No person shall uncover, connect with, make any opening into, use,
alter or disturb, in any manner, any public sewer/building sewer or
any part thereof without first obtaining a sanitary sewer permit,
in writing, from the Township.
(2)
Application for a sanitary sewer permit shall be made by the owner
of the improved property or by a duly authorized agent of such owner.
The form and content of the sanitary sewer permit application shall
be established, from time to time, by the Township.
(3)
Fees for application for a sanitary sewer permit shall be paid in
accordance with the fee schedule adopted by resolution of the Board
of Supervisors from time to time. The fee schedule may be revised,
as necessary, by resolution of the Board of Supervisors.
B.
Prerequisites for connection to public sewer. No person shall make,
or shall cause to be made, any connection of any improved property
to a public sewer until such person shall have fulfilled all of the
following conditions:
(1)
Such person shall have notified the Township of their intention to
connect the improved property to the public sewer, such notification
to be given to such official or representative of the Township as
shall be designated from time to time by the Board of Supervisors
to receive such notification.
(2)
Such person shall have applied for and obtained a sanitary sewer permit as required by Subsection A.
(3)
Such person shall have paid, in full, the connection charges as provided under and by § 345-30, together with any other applicable fees and charges.
(4)
Such person shall have given the Township at least 48 hours' notice
prior to the time when such connection will be made so that the Township
may supervise and inspect, or may cause to have supervised and inspected,
the work of connection and necessary testing, such notification to
be given to such official or representative of the Township as shall
be designated from time to time by the Board of Supervisors to receive
such notification.
C.
Separate connections.
(1)
Each improved property and each structure on an improved property
discharging sanitary sewage and/or industrial waste to be connected
to a public sewer shall be connected separately and independently
with the public sewer by and through a separate building sewer. The
connection of more than one improved property, or more than one structure
discharging sanitary sewage and/or industrial wastes on a single improved
property, to one building sewer shall not be permitted.
(2)
Notwithstanding Subsection C(1) above, the connection of more than one structure discharging sanitary sewage and/or industrial wastes on a single improved property to one building sewer (the "common building sewer") may be permitted by special permission of the Township, in writing, but only for good cause shown and subject to the following conditions and such other connections as may be prescribed by the Township:
(a)
The minimum nominal diameter of the common building sewer shall be eight inches, the common building sewer shall extend to and connect to the public sewer via a sanitary sewer manhole (as opposed to a tee, wye or saddle connection), and the common building sewer shall be located within an easement, which shall in turn be offered for dedication to the Township along with the common building sewer. Upon acceptance of such dedication, the common building sewer and easement shall become a public sewer, and until such time as the Township accepts dedication thereof, the common building sewer and easement shall be considered an extension of public sewer as provided in § 345-28. For the purpose of the remaining provisions of Subsection C(2), all requirements applicable to a public sewer shall apply to the common building sewer.
(b)
The width of the easement in which the common building sewer
is located shall comply with the requirements set forth in the Authority
specifications.
(c)
The upper reach of the common building sewer shall terminate
at a sanitary sewer manhole.
(d)
Each individual structure on the improved property shall connect to a common building sewer via a building sewer and lateral, each as defined in § 345-23.
(e)
Common building sewer design, materials and methods of construction
and installation, including but not limited to sanitary sewer manholes,
shall comply with the requirements for gravity sewers as set forth
in Authority specifications.
D.
Costs of construction and connection to building sewers. All costs
and expenses of construction of a building sewer, and all costs and
expenses of connection of a building sewer to a public sewer, shall
be borne by the owner of the improved property to be connected. The
owner shall indemnify and shall save harmless the Township and the
Authority from all loss or damage that may be occasioned, directly
or indirectly, as a result of the construction of the building sewer
and/or the connection of the building sewer to the public sewer.
E.
Location of connection of building sewers. A building sewer shall
be connected to a public sewer at the place designated by the Township
and where, if applicable, the lateral is provided, subject to and
in accordance with the Authority specifications and other applicable
rules, regulations and requirements.
F.
Existing house sewer line as building sewer. Where an improved property,
at the time its connection to a public sewer is to be made, is served
by its own sewage disposal system or sewage disposal device, the existing
house sewer line shall be disconnected on the structure side of such
sewage disposal system or sewage disposal device, and connection shall
be made, with proper fittings, to continue such house sewer line as
a building sewer, subject to and in accordance with the Authority
specifications and other applicable rules, regulations and requirements.
G.
Inspections and approval of building sewers.
(1)
No building sewer connection, maintenance, repair and/or replacement
shall be covered until it has been inspected and approved by the Township,
as provided in and by the Authority specifications and other applicable
rules, regulations and requirements. If any part of a building sewer
is covered before being so inspected and approved, it shall be uncovered,
at the cost and expense of the owner of the improved property, for
such inspection and approval.
(2)
All such inspections and approval by the Township shall be at the
cost and expense of the owner of the improved property.
(3)
All such inspections by the Township shall be undertaken by the Township
Engineer and shall be completed not less than 48 to 72 hours after
the Township is given notice by the owner of the improved property
that the uncovered building sewer is ready for inspection.
(4)
Unless otherwise directed by the Board of Supervisors, all such approvals
by the Township shall be given by the Township Engineer.
H.
Maintenance, repair and/or replacement of building sewers. It shall
be the responsibility of the owner of improved property, at the expense
of the property owner, to maintain every building sewer on the improved
property at all times in a sanitary and safe operating condition and
to repair and replace the same as shall be necessary. Such maintenance,
repair and replacement shall be in accordance with and comply with
all Authority specifications and other applicable rules, regulations
and requirements.
I.
Building sewer excavations. Every excavation for a building sewer
shall be guarded adequately with barricades and lights to protect
all persons from damage and injury, and any street, sidewalk and other
property disturbed in the course of the connection, maintenance, repair
and/or replacement of a building sewer shall be restored. Such guarding,
excavation and restoration shall be at the cost and expense of the
owner of the improved property, and in a manner satisfactory to the
Township and otherwise subject to and in accordance with the Authority
specifications and other applicable rules, regulations and requirements.
J.
Unsatisfactory condition of building sewers. If any person shall
fail or refuse, upon being served with a written notice from the Township,
to remedy any unsatisfactory condition, including but not limited
to inflow and infiltration, with respect to a building sewer within
30 days, or such additional time as may be determined appropriate
by the Township, of service of the notice, the Township, at its discretion,
may refuse to permit such person to discharge, or to continue to discharge,
sanitary sewage and/or industrial wastes into the public sewer until
such unsatisfactory condition shall have been remedied in a manner
satisfactory to the Township and otherwise subject to and in accordance
with the Authority specifications and other applicable rules, regulations
and requirements. Such right of refusal shall be in addition to such
other or further remedies as may be available to the Township to correct
the unsatisfactory condition.
All extensions of a public sewer shall be constructed, installed and/or otherwise completed in accordance with the Authority specifications and other applicable rules, regulations and requirements. For purposes of this section, "public sewer" shall mean not only a public sewer, as such phrase is defined in and by § 345-23, but also any public sewer as so defined but which is not, at the particular time, owned and/or operated by the Township but intended to be ultimately owned and/or operated by the Township.
Sanitary sewer districts shall be established by resolution
adopted from time to time by the Authority.
A.
The Township hereby imposes connection charges against and to be
paid by the owner of any improved property required or permitted to
be connected with and use a public sewer under and in accordance with
this article.
B.
The connection charges imposed against and payable by the owner of
improved property shall be established from time to time by resolution
of the Authority. The connection charges shall include, without limitation,
a connection fee, customer facilities fee and/or a tapping fee as
enumerated and defined in and by the Municipality Authorities Act,
53 Pa.C.S.A. § 5601 et seq. Connection charges in the nature
of tapping fees, as established by said resolution, shall be imposed
on the basis of EDUs allocated to the improved property pursuant to
the EDU Allocation Resolution.
C.
The connection charges shall be due and payable in full either at the time the application is made to the Township for a permit to connect to the public sewer, as provided in § 345-27, or, in the case an owner of improved property fails to make connection to the public sewer as required by the Township pursuant to § 345-24A, on the date when the Township connects the property to the public sewer at the cost and expense of the owner.
D.
All connection charges shall be payable to the Authority. Payments
of connection charges shall be tendered to such official or representative
of the Authority as shall be designated and authorized from time to
time by the Authority to accept payment.
E.
Payment of connection charges shall be enforced and recovered by
the Authority in such manner as provided or permitted by law then
in effect.
Sewer rents and charges shall be as established in Article VI, Sewer Rents and Charges, of this chapter.
A.
Fines and penalties.
(1)
Any person who fails or refuses to comply with any provision of this
article shall be in violation of this article, which violation shall
be enforced by action brought before a Magisterial District Judge
in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure.
(2)
Upon conviction, such person shall pay a fine of not less than $100
and not more than $1,000 (or such other maximum fine as then may be
provided or permitted by applicable law) per violation, together with
costs of prosecution, including, but not limited to, reasonable attorneys'
fees, in each case. Upon default in payment of the fine and costs,
such person shall be subject to imprisonment to the maximum extent
allowed by law for the punishment of summary offenses.
(3)
Each day, or portion thereof, that a violation is found to exist
and each provision of this article that is found to have been violated
shall constitute a separate offense, each punishable by the aforesaid
fine and imprisonment.
(4)
All fines and costs collected for the violation of this article shall
be paid to the Township.
B.
Other remedies. The provisions of Subsection A (including, but not limited to, the manner of enforcement of a violation of this article and the fine and the penalty for such violation) shall not be in limitation of, but shall be in addition to:
(1)
Such other or further remedies or enforcement actions as may be available
to the Township under other provisions of this article or under other
law (including, but not limited to, other applicable local, state
or federal law) or in equity (including, but not limited to, injunctive
relief) for any actions or inactions which violate any provision of
this article. Nothing in this section or other provisions of this
article shall be deemed to preclude the Township from pursuing such
other or further remedies concurrently.
(2)
Such other or further remedies or enforcement actions as may be available
to any governmental entity, other than the Township, having jurisdiction
under any applicable local, state, or federal law or in equity (including,
but not limited to, injunctive relief) for any actions or inactions
which violate any provision of this article.