[Adopted 4-14-1960 by Ord. No. 164 (Ch. 17, Part 1, of the
1973 Code of Ordinances)]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
The Borough of Kenhorst Municipal Authority, a municipality
authority of the Commonwealth of Pennsylvania.
The Borough of Kenhorst, Berks County, Pennsylvania, a municipal
corporation of the Commonwealth of Pennsylvania, acting by and through
its Council or, in appropriate cases, acting by and through its authorized
representatives.
Any property, located within the Borough, upon which there
is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sanitary sewage and/or industrial wastes shall be or may be discharged.
Any solid, liquid or gaseous substance or form of energy
rejected or escaping in the course of any industrial, manufacturing,
trade or business process or in the course of the development, recovery
or processing of natural resources, as distinct from sanitary sewage.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located within the Borough.
Any individual, firm partnership, company, association, society,
corporation or other group or entity.
The normal water-carried household and toilet wastes from
any improved property.
Any pipe or conduit constituting a part of the sewer system
used or usable for sewage collection purposes.
All facilities, as of any particular time, for collecting,
transporting, pumping, treating and disposing of sanitary sewage and
industrial wastes, situate in or adjacent to the Borough, owned by
the Authority and leased to the Borough for operation and use in collecting
and disposing of sanitary sewage and industrial wastes.
Includes any street, road, lane, court, alley, public square
or highway.
The owner of any improved property abutting on or adjoining
any street in which is a sewer shall connect such improved property
with such sewer, in such manner as the Borough may require, within
60 days after notice to such owner from the Borough to make such connection,
for the purpose of discharge of all sanitary sewage and industrial
wastes from such improved property, subject to such rules, regulations,
limitations and restrictions as shall be established herein or otherwise
shall be established by the Borough from time to time.
The notice to be given by the Borough to the owner of any improved property abutting on or adjoining any street in which is a sewer requiring such owner to connect such improved property to such sewer, which notice is referred to in § 373-14 of this article, shall be given by the Borough as soon as a sewer is in place which can receive sanitary sewage and industrial wastes from the particular improved property and which can transport the same for treatment and disposal.
The notice to be given by the Borough to the owner of any improved property abutting on or adjoining any street in which is a sewer requiring such owner to connect such improved property to such sewer, which notice is referred to in § 373-14 of this article, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section thereof, and a written or printed document requiring such connection and specifying that such connection shall be made within the time prescribed in § 373-14 of this article.
If the owner of any improved property abutting on or adjoining
any street in which is a sewer, after 60 days' notice from the
Borough to connect such improved property to such sewer, in accordance
with the foregoing sections of this article, shall fail to connect
such improved property to such sewer, as required and in the manner
provided in this article, the Borough may make such connection and
may collect from such owner the costs and expenses thereof by a municipal
claim, an action in assumpsit or by such other legal proceeding as
may be permitted or provided by law.
All sanitary sewage and industrial wastes from any improved
property, after connection of such improved property with a sewer,
shall be conducted and discharged into such sewer, subject to such
rules, regulations, limitations and restrictions as shall be established
in this article or otherwise shall be established, from time to time,
by the Borough.
No person shall uncover, connect with, make any opening into
or use, alter or disturb, in any manner, any sewer or any part of
the sewer system without first obtaining a permit, in writing, from
the Borough. Application for a permit required under this section
shall be made by the owner of the improved property served or to be
served.
[Amended 8-4-1988 by Ord. No. 401; 2-1-1990 by Ord. No. 407]
No person shall make or shall cause to be made any connection
of any improved property with a sewer until such person shall have
fulfilled all of the following conditions:
A.
Such person shall notify the Secretary of the Borough of the desire
and intention to connect to a sewer.
B.
Before commencing or proceeding with any work relative to connecting
any property to the sanitary sewer system of the Borough, the owner
of the property must apply for, and obtain, a permit from the Borough
of Kenhorst Municipal Authority authorizing such connection. The fee
for such permit to connect shall be $2,500 and shall be known as the
"tapping fee," plus the actual construction costs incurred. Any excess
over administration costs and construction costs incurred shall be
refunded to the property owner.
C.
Such person shall give the Secretary of the Borough at least 24 hours'
written notice of the time when such connection will be made in order
that the Borough, by its authorized representatives, can supervise
and inspect the work performed in making such connection and can supervise
the testing thereof, if necessary.
Except as otherwise provided in this section, each improved
property shall be connected separately and independently with a sewer
through a service connection to be designated in each case by the
Borough. Grouping of more than one improved property upon one service
connection to a sewer shall not be permitted, except under special
circumstances and for good sanitary reasons or other good cause shown,
but then only after special permission of the Borough, in writing,
shall have been secured.
Any connection to a sewer shall be made at a place designated
by the Borough and where a lateral or service connection in such sewer
is provided. All joints shall be sealed, shall be made airtight and
shall be made smooth and clean inside in order to permit free flow
of sanitary sewage and industrial wastes without any obstruction.
All work pertaining to such connection with a sewer, including testing,
shall be, financially and otherwise, the responsibility of the owner
of the improved property with which connection is made, subject to
the right of supervision and inspection herein reserved by the Borough.
The owner of such improved property shall indemnify and save harmless
the Borough from all loss or damage that may be occasioned by the
Borough, directly or indirectly, as a result of the connection of
such improved property to such sewer.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle
at any time shall be connected with a sewer.
A.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be maintained upon any improved property, after the expiration of the time specified in § 373-14 of this article, from which improved property connection with a sewer shall have been made or shall be required to be made; and it shall be unlawful for any owner of an improved property, after the expiration of the time specified in § 373-14 of this article, to erect, construct, use or maintain thereon or to cause to be erected, constructed, used or maintained thereon any privy vault, cesspool, sinkhole, septic tank or similar receptacle for disposition of sanitary sewage and industrial wastes in any manner other than into the sewer system.
B.
Every such privy vault, cesspool, sinkhole, septic tank or similar
receptacle shall be abandoned and, at the discretion of the Borough,
shall be cleansed and filled, at the expense of the owner of such
improved property, under the direction and supervision of the Borough;
and any such privy vault, cesspool, sinkhole, septic tank or similar
receptacle not so abandoned and, if required by the Borough, cleansed
and filled, shall constitute a nuisance, and such nuisance may be
abated, as provided by law, at the expense of the owner of such improved
property.
No person shall discharge or cause to be discharged into any
sewer, directly or indirectly, any substance which could be detrimental
to a sewer or to the operation of the sewer system.
The Borough reserves the right to refuse to any person the privilege
of connection of any improved property to the sewer system, or to
compel the discontinuance of use of a sewer by any person, or to compel
the pretreatment of industrial wastes, in order to prevent the discharge
into the sewer system of any wastes which may be deemed by the Borough
to be harmful to the sewer system or to have a deleterious effect
on sewage treatment processes.
Any person or persons violating any of the provisions of this article shall be punishable as provided in Chapter 1, Article I, Enforcement; General Penalty, of this Code, provided that each three-month period during which a violation shall continue shall be deemed and shall be taken to be a separate offense and shall be punishable as such.
The Borough reserves the right to adopt and promulgate, from
time to time, additional rules and regulations as it shall deem necessary
and proper relating to connections to the sewer system, which additional
rules and regulations shall become and shall be construed as a part
of this article.
