[Adopted 4-1-2002 by Ord. No. 3-2002]
Unless the context specifically and clearly indicates otherwise,
the meaning of the terms used in this article shall be as follows:
Any solid, liquid or gaseous substance, waterborne waste
or form of energy ejected or escaping from any industrial, manufacturing,
trade or business process or from the development, recovery or processing
of natural resources, as distinct from sanitary sewage, which is allowed
to be discharged into the sewer system by the Board of Directors of
the Authority, Lancaster County, Pennsylvania, or allowable by rules
and regulations of the Authority.
Lancaster Area Sewer Authority.
An engineer retained or employed by the Authority, including
any authorized member of the staff of such engineer.
Pennsylvania Department of Environmental Protection.
Any property within this municipality upon which there is
erected any 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 property situate in the municipality used wholly or in
part for the manufacture, processing, cleaning, laundering, or assembling
of any product, commodity or article, or any other property situate
in this municipality from which wastes, in addition to or other than
sanitary sewage, are discharged.
Any solid, liquid or gaseous substance or waterborne wastes
or form of energy ejected or escaping from any industrial, manufacturing,
trade or business process or from the development, recovering or processing
of natural resources, but not sanitary sewage.
That part of the sewer system extending from a sewer to the
curbline or, if there shall be no curbline, to the edge of the street
abutting the property affected or, if no such lateral shall be provided,
then "lateral sewer" or "service connection" shall mean that portion
of, or place in, a sanitary sewer which is provided for the connection
of any service line.
An engineer retained or employed by the municipality or any
authorized member of the staff of such engineer.
Manor Township, Lancaster County, Pennsylvania, and its duly
authorized representatives or agents.
Any outlet into a watercourse, ditch, pond, lake or other
body of surface or groundwater.
Any person vested with ownership, legal or equitable, sole
or partial, of any property situated in the municipality.
Any individual, partnership, company, association, society,
corporation or other group.
Any sewer mains, lateral sewers from a sewer main to a service
line or house connection, sewage ejector and/or pumping stations,
sewer force mains and all appurtenant facilities owned and operated
by an individual, corporation, homeowners' association or other
person or entity other than a municipal authority or a political subdivision
and used in the furnishing of sewer services.
Toilets, sinks and other plumbing fixtures and related piping
intended to receive and discharge sanitary sewage into a service line.
The normal water-carried household and toilet waste from
any improved property, excluding, however, the effluent from septic
tanks or cesspools, rain, storm and groundwater, as well as roof or
surface water, drainage of percolating or seeping waters, or accumulation
thereof, whether underground or in cellars or basements.
A sewer which is part of the sewer system and which carries
sanitary sewage and/or allowable industrial waste discharged into
the sewer system, and to which storm, surface, and groundwaters are
not intentionally admitted.
That part of the main house drain or sewer line extending
from a point five feet outside the outer building wall or foundation
wall to its connection with the lateral sewer.
Devices and/or structures or facilities owned by the Authority
for the treatment and disposal of sanitary sewage and industrial waste.
Any pipe or conduit constituting a part of the sewage system
and used or usable for sewage collection or transportation purposes.
Sewer mains, lateral sewers from a sewer main to service
line or house connection, sewage ejector and/or pumping stations,
sewer force mains, sewage treatment plants, and all appurtenant facilities
operated by the Authority in furnishing sewage services.
A pipe or conduit which carries storm, surface water, drainage
and certain industrial water discharges, such as cooling and air-conditioning
waters.
A public way including any highway, street, road, lane, court,
public square, alley or other passageway.
Any person in possession of a whole or a part of improved
property who is not an owner.
A.
Improved properties to be connected to accessible sewers.[1]
(1)
The owner of any improved property situate in the municipality and
abutting on, adjoining or adjacent to, any street, easement or right-of-way
in which there shall have been constructed a sanitary sewer forming
part of the sewer system, where said property is accessible thereto
and any part of the principal building constructed on such improved
property is within 150 feet of such sewer, shall at his own expense
install suitable sanitary facilities and service lines therein and
connect such facilities directly with such sewer in accordance with
the provisions of this article within 60 days after date of official
notice from this municipality so to do, which notice shall have been
given by personal service or as otherwise provided or permitted by
law.
(2)
In the event of any owner of any such improved property shall refuse
or neglect to connect such property with such sewer within said sixty-day
period, the municipality or its duly authorized agent (the Authority),
or the agents of the municipality or said Authority, may enter upon
such property and construct such connection. In such case, the proper
officials of this municipality shall, upon completion of the work,
send an itemized bill of the cost of construction of such connection
to such owner, which bill shall be payable forthwith. In case of neglect
or refusal by such owner of such property to pay said bill within
30 days thereafter, it shall be the duty of said officials of this
Municipality to cause a municipal lien for said construction to be
filed, the same to be subject in all respects to the general law provided
for the filing and recovery of municipal liens.
B.
All sanitary sewage and industrial waste from any improved property, after connection of such improved property with a sewer as required under Subsection A, shall be discharged into a sewer, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by this municipality or by the Authority through the Authority's "Rules and Regulations Concerning Connections to and Use of the Sanitary Sewer System" (dated July 1997 and amended December 20, 2001), the "Authority's Specifications for Additions and Extensions to the Sewer System" (dated July 1997), and the Lancaster Area Sewer Authority Industrial Waste Resolution (dated July 1981 and amended December 1992, May 1996, and September 1997).
C.
It shall be unlawful to discharge or permit the discharge of sanitary
or industrial waste or other polluted water into any natural outlet
within this municipality, unless such discharge is pursuant to a permit
issued by, or with the approval of, the DEP.
D.
It shall be unlawful to construct or maintain any privy, privy vault,
septic tank, cesspool, sinkhole or similar receptacle intended for
the disposal of sanitary sewage within this municipality where such
sewage emanates from any improved property which the owner thereof
is required to connect to the sewer system. No privy vault, cesspool,
sinkhole, septic tank or similar receptacle shall be connected with
a sewer at any time. Each such privy vault, cesspool, sinkhole, septic
tank or similar receptacle shall be abandoned upon the making of such
connection to the sewer system and, at the request of this municipality,
shall be cleansed and filled under the direction and supervision of
this municipality; and any such privy vault, cesspool, sinkhole, septic
tank or similar receptacle not so abandoned and, if required by this
municipality, cleansed and filled, shall constitute a nuisance and
such nuisance shall be abated as provided by law at the expense of
the owner of such improved property.
E.
There is hereby reserved to the Authority and this municipality the
right to refuse to any person the privilege of connecting any improved
property to a sewer, or to compel discontinuance of the use of any
sewer by any person, or to compel the pretreatment of industrial wastes,
in order to prevent discharge into the sewer system of wastes which
may be deemed by the Authority, the Authority Engineer, this municipality
or the Municipal Engineer, to be harmful to the sewer system or to
have a deleterious effect on sewage treatment processes or to be injurious
to personnel operating the sewer system.
F.
There is hereby reserved to the Authority and this municipality the
right to refuse to any person the privilege of connecting any private
sewer system to the Authority's sewer system unless the following
conditions have been met:
(1)
The plans and specifications for such private sewer system have been
reviewed and approved by the Authority prior to construction and such
private sewer system has been constructed in accordance with such
approved plans and the standards established by this municipality
and the Authority from time to time for such private sewer system;
(2)
The Authority has inspected such private sewer system prior to connection
to the Authority's sewer system and has determined that the private
sewer system has been constructed in accordance with the requirements
set forth in this subsection; and
(3)
The owner of the private sewer system has entered into a written
agreement with this municipality or the Authority agreeing to maintain
and repair the private sewer system and posting such security as this
municipality or the Authority, in their reasonable discretion, shall
deem adequate to secure the obligations of the owner of the private
sewer system with respect to the maintenance and repair of the private
sewer system.
A.
No person shall uncover, connect with, make any opening into or use,
alter or disturb in any manner any sewer or the sewer system without
first making application for and obtaining a permit, in writing, from
the Authority.
B.
Application to the Authority for a permit required under this article
shall be made by the owner of the improved property to be served,
in such form as may be prescribed by the Authority. The application
shall be accompanied by the required connection and/or tapping fee
required by the Authority.
C.
No person other than this municipality, the Authority, or their agents,
shall make or cause to be made the connection of any improved property
with a lateral sewer until such person shall have fulfilled each of
the following conditions:
(1)
Such person shall have notified the Authority of the desire and intention
to connect to a lateral sewer;
(2)
Such person shall apply for and obtain a permit as required by this
article;
(3)
Such person shall have given the Authority at least 24 hours'
notice of the time when such service line is to be connected and such
connection made so that the Authority, as the agent of this municipality,
may inspect the service line, the work of connection and perform necessary
testing.
D.
All costs and expenses of construction of a service line and all
costs and expenses in connection of such service line to a lateral
sewer shall be borne by the owner of the improved property to be connected;
and such owner shall indemnify and save harmless the Authority and
this municipality from all loss or damage that may be occasioned,
directly or indirectly, as a result of the construction of a service
line or the connection of a service line to a lateral sewer.
E.
Whenever the surface of any public street, sidewalk or cartway is
disturbed by the construction of a service line, it shall be the responsibility
of the applicant for connection to obtain street opening permits from
this municipality, or highway occupancy permits from the Pennsylvania
Department of Transportation. Unless otherwise required, all surfacing
materials must be restored in kind, thickness and construction to
the satisfaction of the Authority.
A.
Service lines and connections to lateral sewers and connections to
sewer system shall be constructed in accordance with rules and regulations
promulgated by the Authority.
B.
No service line or connection to a lateral sewer or connection to
sewer system shall be covered until the same has been inspected and
approved by the Authority. If any part of a service line or connection
to a lateral sewer is covered before being so inspected and approved,
such service line or such connection shall be uncovered for inspection,
at the request of the Authority, at the cost and expense of the owner
of the improved property to be served through such service line.
C.
Every service line shall be maintained in a sanitary and safe operating
condition by the owner of the improved property served. Whenever the
Authority or this municipality has reason to believe any service line
has become defective, such service line shall be subject to test and
inspection. Defects found upon such inspection shall be corrected
as required by the Authority or this municipality at the cost and
expense of such owner.
Any person, individual, builder or developer, desiring or required
by law to construct or install sanitary sewers, lateral sewers and
service lines to serve a house or any housing unit within a real estate
development prior to construction or installation, shall make proper
written application to the Authority for a special permit, pursuant
to rules and regulations of the Authority applicable thereto.
A.
Unlawful discharges.
(1)
It shall be unlawful for any owner or tenant of improved property
located in the municipality to discharge, or cause to be discharged
into the sewer system any of the following:
(2)
Without limiting the foregoing, this provision makes it illegal for
any owner or tenant of improved property to use a sump pump, gutter,
downspout, or other device to conduct stream, storm, roof, ground,
or surface water into the sewer system.
(3)
Provided, however, floor drains or cellar drains may be connected
to the service line or sewer system.
B.
Stormwater, industrial cooling water, unpolluted process waters and
all other unpolluted drainage shall be discharged into specifically
designated storm sewers, if available, or to a natural outlet approved
by the Authority Engineer or the Municipal Engineer.
C.
No person shall discharge or cause to be discharged any sewage into
the sewer system which shall contain any substances or possesses characteristics
in violation of rules and regulations promulgated by the Authority.
D.
The admission into the sewer system of any polluted water, sanitary sewage or industrial waste containing any of the substances or possessing the characteristics referred to in Subsection C shall be subject to the review and approval of the Authority Engineer. Where necessary, the owner of the property or premises producing such waters or wastes shall provide, at his own expense, such preliminary treatment as may be necessary to reduce objectionable characteristics or constituents to within the maximum limitations provided for in the rules and regulations of the Authority or to control the quantities or rates of discharge of such waters or wastes. Construction drawings, specifications and other pertinent information relating to the proposed preliminary treatment facilities shall be prepared by the owner, at his expense, and shall be submitted for the approval of the Authority Engineer, and no construction of such facilities shall be commenced until said approval is obtained in writing. Where preliminary treatment facilities are provided, the same shall be maintained continuously in satisfactory and effective operation by the owner, at his expense. In lieu of introducing untreated or partly treated polluted waters or industrial waste into the sewer system, the owner of the premises producing such wastes may construct and operate, at his expense, private waste treatment facilities with the effluent discharged to a natural outlet, provided such facilities are constructed and operated in compliance with all requirements of the DEP. Where private waste treatment facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the owner, at his expense.
E.
It shall be unlawful for any plumber or any other person to install
or connect, or permit to be installed or connected to the service
line or any part of the sewer system, any device or system designed
to discharge any substance other than sanitary sewage or allowable
industrial waste into the sewer system. Without limiting the foregoing,
this provision makes it illegal for any plumber or other persons to
install or connect or permit to be installed or connected, a sump
pump, gutter, downspout or other device to conduct stream, storm,
roof, ground, or surface water into the sewer system. Provided, however,
floor drains and cellar drains may be connected to the service line
or sewer system.
F.
Any owner or tenant of improved property located in the municipality
who currently has any roof drains or downspouts connected to the service
line or sewer system shall have said roof drains or downspouts disconnected
within 30 days of the effective date of this article.
G.
Owners or tenants of improved property located in the municipality
shall disconnect or cause to be disconnected any sump pump connected
to the service line or sewer system within 30 days of the effective
date of this article, without being subject to the penalties provided
for in this article. At the expiration of the thirty-day period, any
owner or tenant of improved property who has, maintains, or permits
a sump pump to be connected to the service line or sewer system shall
be subject to the penalties provided for by this article.
A.
The Authority is hereby designated and appointed as the agent of
this municipality for the purpose of adopting or promulgating rules
and regulations for the use of the sewer system and connection thereto
and receiving all applications for permits required under the provisions
of this article, designating place of connection, establishing rules
and regulations on the materials and construction of sewer system,
private sewer system, service line, house connection, lateral sewer,
and service connection, and carrying out all inspections, observations,
measurements, samplings and testing required or permitted hereunder.
B.
The municipality specifically adopts and expressly incorporates by
reference in their entirety, as though set forth in full herein:
[Amended 1-3-2005 by Ord. No. 1-2005; 3-7-2005 by Ord. No. 2-2005; 12-6-2010 by Ord. No. 8-2010]
The Authority Engineer and other duly authorized representatives
or employees of the Authority and of this municipality bearing proper
credentials and identification shall be permitted, at all reasonable
times, to enter upon any premises connected or about to be connected
or required to be connected to the sewer system for the purpose of
inspection, observation, measurement, sampling and testing in accordance
with the provisions of this article. The Authority Engineer and other
duly authorized representatives or employees of the Authority and
of this municipality bearing proper credentials and identification
shall be permitted, at all reasonable times, to enter any private
sewer system connected or about to be connected or required to be
connected to the sewer system for the purpose of inspection, observation,
measurement, sampling and testing.
No person shall maliciously, willfully or negligently damage,
destroy, deface, block or otherwise tamper with any sewer or any other
structure or equipment which is part of the sewer system.
A.
Penalties.
(1)
Any person who shall violate any provision of this article, other than §§ 350-22E and 350-25, shall be served with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender, within the period of time stated in such notice, shall permanently cease all violations.
(2)
Any person who shall continue any such violation beyond such time
limit or otherwise violate this article shall be liable, upon summary
conviction, for a first offense and, upon summary conviction, for
each subsequent offense, to a fine of not more than $1,000, together
with costs of prosecution. Each day a violation shall continue shall
be deemed and shall be taken to be a separate offense and shall be
punishable as a separate violation.
B.
Any person who violates or permits a violation of this article 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 article that is violated shall also
constitute a separate offense.[1]
C.
Fines and costs imposed under the provisions of this article shall
be enforceable and recoverable in the manner at the time provided
by applicable law.
D.
Any person violating any of the provisions of this article, in addition
to becoming liable for a fine and costs of prosecution, shall be liable
to the Authority for any expense, loss or damage occasioned the Authority
by reason of such violation.
It is hereby declared that the enactment of this article is
necessary for the protection, benefit and preservation of the health,
safety and welfare of the inhabitants of this municipality.
