Township of Easttown, PA Public Sanitary Sewage Systems

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.

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.

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.

ACCESSIBLE TO PUBLIC SEWER

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.

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.

APPLICABLE RULES, REGULATIONS AND REQUIREMENTS

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.

ARTICLE

This Article III of Chapter 345 of the Code of Easttown Township, including any appendix to this Article III and any resolution adopted pursuant to or referred to in this Article III.

AUTHORITY

Easttown Municipal Authority.

AUTHORITY SPECIFICATIONS

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.

BOARD OF SUPERVISORS

The Board of Supervisors of the Township; the governing body of the Township.

BUILDING SEWER

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.

COMMONWEALTH

The Commonwealth of Pennsylvania.

CONSTRUCTION CODE ACT

The Pennsylvania Construction Code Act, Act of November 10, 1999, P.L. 491, No. 45, as amended, 35 P.S. § 7210.101 et seq.

EDU

An equivalent dwelling unit; a measure of wastewater flow anticipated to be received from a single-family dwelling unit or the equivalent.

EDU ALLOCATION RESOLUTION

The resolution adopted from time to time by the Authority, establishing and otherwise providing criteria allocating EDUs to improved properties according to use.

HEALTH DEPARTMENT

The Health Department of Chester County, Pennsylvania.

IMPROVED PROPERTY

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.

INDUSTRIAL ESTABLISHMENT

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.

INDUSTRIAL WASTES

Any and all waste discharged from an industrial establishment, other than sanitary sewage.

INTERNATIONAL PLUMBING CODE

The "International Plumbing Code" as such term is defined and/or used in the Construction Code Act and the regulations promulgated thereunder.

INTERNATIONAL RESIDENTIAL CODE

The "International Residential Code" as such term is defined and/or used in the Construction Code Act and the regulations promulgated thereunder.

LATERAL

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.

NATURAL OR CREATED OUTLET

Any outlet, whether naturally occurring or created, to a watercourse, ditch, pond, lake or other body of surface water or groundwater.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of any improved property.

PADEP

The Department of Environmental Protection of the commonwealth.

PERSON

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.

PUBLIC SEWER

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.

SANITARY SEWAGE

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.

TOWNSHIP

The Township of Easttown, Chester County, Pennsylvania, acting by and through the Board of Supervisors or, in appropriate cases, authorized representatives.

TOWNSHIP ENGINEER

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.

VFSA

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.

WASTEWATER TREATMENT PLANT

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.

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.

§ 345-24 Connection with and use of public sewers.

Required connection with and use of public sewers.

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.

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.

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.

Permitted connections with and use of public sewers.

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.

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.

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.

Notice.

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.

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.

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.

Industrial pretreatment. Pretreatment of industrial wastes shall be required as provided in Article V, Industrial Pretreatment, of this chapter.

§ 345-25 Discharge restrictions.

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.

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.

§ 345-26 Privy vaults, cesspools, sinkholes, septic tanks or similar receptacles.

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.

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.

No such privy vault, cesspool, sinkhole, septic tank or similar receptacle shall, at any time, be connected to or with the public sewer.

§ 345-27 Sanitary sewer permit; connection requirements; building sewers.

Sanitary sewer permit.

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.

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.

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.

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:

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.

Such person shall have applied for and obtained a sanitary sewer permit as required by Subsection A.

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.

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.

Separate connections.

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.

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.

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.

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.

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.

Inspections and approval of building sewers.

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.

All such inspections and approval by the Township shall be at the cost and expense of the owner of the improved property.

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.

Unless otherwise directed by the Board of Supervisors, all such approvals by the Township shall be given by the Township Engineer.

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.

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.

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.

§ 345-28 Extensions of public sewer.

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.

§ 345-29 Sanitary sewer districts.

Sanitary sewer districts shall be established by resolution adopted from time to time by the Authority.

§ 345-30 Connection charges.

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.

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.

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.

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.

Payment of connection charges shall be enforced and recovered by the Authority in such manner as provided or permitted by law then in effect.

§ 345-31 Sewer rents and charges.

Sewer rents and charges shall be as established in Article VI, Sewer Rents and Charges, of this chapter.

§ 345-32 Violations and penalties; additional remedies.

Fines and penalties.

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.

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.

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.

All fines and costs collected for the violation of this article shall be paid to the Township.

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:

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.