[Adopted 3-10-2014 by Ord. No. 513; amended in its entirety 7-14-2014 by Ord. No.
514]
[1]
Editor’s Note: Pursuant to Ord. No. 530, adopted 3-13-2017,
assets of said District were sold to Aqua Pennsylvania Wastewater,
Inc.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this article shall be as
follows:
The Sewage Facilities Act of the Commonwealth.[1]
The Brodhead Creek Regional Authority, acting through its
governing board, as owner and operator of the BCRA Treatment Plant
and, in appropriate cases, as agent of the Township hereunder.
The facilities constructed, owned and/or operated by BCRA
to treat and dispose of sanitary sewage and/or industrial wastes discharged
by the sewer system.
The sewage drainage system from a building constructed on
any improved property to the lateral serving such improved property,
including any grinder pump or pressure sewer or similar apparatus
or facilities installed by or on behalf of the Township or the owner
and which are located on such improved property.
The Commonwealth of Pennsylvania.
The Pennsylvania Department of Environmental Protection or
any successor agency of the Commonwealth of Pennsylvania.
The Delaware River Basin Commission.
The gallons per day of sanitary sewage, allocable to an improved
property, determined in accordance with the rate resolution. "GPD"
shall mean gallons of sewage discharged during a twenty-four-hour
period commencing at 12:00 midnight, prevailing time, on any particular
calendar day and ending at 12:00 midnight, prevailing time, the following
calendar day.
Any property within the Tobyhanna Sewer District No. 1 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 shall be or may be discharged into the sewer
system.
Any improved property located within the Tobyhanna Sewer
District No. 1, 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 from
which wastes, in addition to or other than sanitary sewage, shall
be discharged.
Any and all wastes discharged from an industrial establishment,
and/or wastewater having characteristics which may have the potential
to be detrimental to the sewer system or the BCRA Treatment Plant.
No industrial wastes shall be permitted to be discharged into the
sewer system within the Tobyhanna Sewer District No. 1.
The Intermunicipal Sewage Collection and Disposal Services
Agreement, dated September 30, 2013, among the Township of Tobyhanna
and the Township of Pocono, as the same may be amended and/or supplemented
from time to time, which is incorporated herein by reference.
The Intermunicipal Sewage Service Area Agreement, dated December
18, 2013, among the Township of Tobyhanna, the Township of Pocono
and the Brodhead Creek Regional Authority, as the same may be amended
and/or supplemented from time to time, which is incorporated herein
by reference.
That part of the sewer system extending from a sewer to the
curbline, or if there is no curbline, to the improved property line,
or if no such extension is provided, then "lateral" shall mean that
portion of, or place in, a sewer that is provided for connection of
any building sewer.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipal authority or other group
or entity.
The resolutions, rules and regulations adopted by the Township,
or its assigns, from time to time, establishing rates and other charges
and requirements for the use of the sewer system by the owner of any
improved property within the Tobyhanna Sewer District No. 1.
Typical water-carried household, commercial and toilet wastes,
having the biological and chemical characteristics prescribed by regulation
of the Township, Pocono Township or BCRA, which is discharged by an
improved property.
The Sewer Development Agreement dated November 15, 2013,
by and between Tobyhanna Township, Kalahari Resorts, LLC, and Pocono
Manor Investors, LP.
The Sewer District No. 1 Service Agreement dated November
15, 2013, by and between Tobyhanna Township, Kalahari Resorts, LLC,
and Pocono Manor Investors, LP.
Any pipe or conduit constituting a part of the sewer system,
used or usable for sewage collection purposes.
That geographic area of the Township depicted on Exhibit
"A" which is served or to be served by the sewer system.[2]
All sewer lines and other facilities constructed, owned and/or
operated by the Township to collect, transmit and/or otherwise dispose
of sanitary sewage discharged by an improved property, other than
a building sewer or a lateral.
Shall include any street, road, lane, court, cul-de-sac,
alley, public way or public square.
The tapping fee described in Act 57 of 2003 payable by the
owner of any improved property in the area served by the sewer system
which actually connects or is required to be connected to the sewer
system pursuant to the terms of this article as then in effect requiring
such connection or which otherwise connects to the sewer system.
The Township of Tobyhanna, Monroe County, Pennsylvania, a
political subdivision of the Commonwealth, acting by and through its
Board of Supervisors, or, in appropriate cases, acting by and through
Pocono Township and/or BCRA or other authorized representatives.
The periodic charge imposed for services, or availability
of services, provided by the Sewer System, as established by this
article and/or supplemental resolution of the Township, from time
to time.
A.
Subject to the provisions of this article, the owner of any improved
property located within the Tobyhanna Sewer District Number 1 which
is adjoining and/or adjacent to the sewer system shall connect such
improved property with and use such sewer system, in such a manner
and form as the Township may require, not more than 90 days after
notice to such owner from the Township to make such connection, for
the purpose of discharging all sanitary sewage from such improved
property; subject, however, to the provisions, restrictions and requirements
of this article, the ISSAA, ISCDSA, SDSA, SDA and such other agreements,
rules and regulations as may be established by the Township, Pocono
Township and/or BCRA, from time to time, prescribing the scope and
manner of such connections, and the nature of the discharge.
B.
Notwithstanding the provisions of § 113-62A above, the Township shall not require any commercial or industrial business to connect to the sewer system within the Tobyhanna Sewer District No. 1 when such commercial or industrial business is operating a private sanitary sewage treatment plant under mandate of any agency of the federal or state government and had been operating said plant prior to the installation of the Township's sewer system. This exemption shall last as long as such private sanitary sewage treatment plant continues to meet the specifications and standards mandated by such federal or state agency and for 45 days thereafter. If, during the days immediately subsequent to the day a business's private sanitary sewer treatment plant is determined to be below federal or state mandates, repairs cannot be made to bring the system back up to satisfactory condition, the Township may require such business to connect to the sewer system if permitted under the ISSAA and ISCDSA. In such case, the full costs of connection to, and any necessary refurbishing of, the sewer system shall be borne by such business.
C.
The exemption provided for in § 113-62B above shall not be available in any situation where the business seeking to use it had notice, either actual or constructive, prior to construction of the private sanitary sewage treatment plant, of the Township's intention to construct the sewer system and to require that business to connect with the sewer system.
D.
No industrial wastes shall be deposited and/or discharged into the
sewer system within the Tobyhanna Sewer District Number 1. Industrial
wastes are strictly prohibited from being deposited and/or discharged
into the sewer system unless and until otherwise approved by the Township.
All sanitary sewage from any improved property within Tobyhanna
Sewer District No. 1, after connection of such improved property with
a sewer, as required under this article, shall be conveyed into such
sewer; subject, however, to the provisions and requirements of the
ISSAA, ISCDSA, SDSA, SDA and such other agreements, limitations, restrictions,
rules and regulations as shall be established herein or otherwise
established by the Township, Pocono Township and/or BCRA, from time
to time.
No person shall place, deposit or permit to be placed or deposited
upon any public or private property within the Township any sanitary
sewage or industrial wastes in violation of this article. No person
shall discharge or permit to be discharged to any natural outlet any
sanitary sewage or industrial wastes in violation of this article,
except where suitable treatment has been provided that is satisfactory
to the Township, Pocono Township and BCRA.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle, or private treatment facility (unless exempted pursuant to § 113-62B), shall be used or shall be maintained at any time on an improved property within Tobyhanna Sewer District No. 1. Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle, or private treatment facility, in existence shall be abandoned and, at the discretion of the Township, shall be removed or cleansed and filled with a noncompactable material (e.g., sand), at the expense of the owner of such improved property, under the direction and supervision of the Township; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle or private treatment facility not abandoned and, if required by the Township, not removed, cleansed and/or 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 privy vault, cesspool, sinkhole, septic tank or similar receptacle,
or private treatment facility, shall at any time be connected to a
sewer without the written consent of the Township, Pocono Township
and BCRA, in their sole discretion.
The notice by the Township to make a connection to a sewer shall
include a reference to this article, including any amendments and/or
supplements at the time in effect, or a summary thereof, and a written
or printed document requiring the connection in accordance with the
provisions of this article and specifying that such connection shall
be made within the time limitations described herein. Such notice
may be given or served at any time after a sewer is in place that
is capable of receiving and conveying sanitary sewage for treatment
and disposal at the BCRA Treatment Plant from the particular improved
property. Such notice shall be by personal service, by registered
or certified mail, or by such other method as at the time may be provided
by law.
No improved property shall be connected to a sewer except as
set forth below:
A.
Any improved property within the Tobyhanna Sewer District No. 1 may
connect to the sewer system if approved by the Township, Pocono Township
and BCRA, and subject to compliance with and only if permitted by
the ISSAA, ISCDSA, SDSA and SDA.
B.
The quantity of sanitary sewage flow attributable to a property shall
be determined in accordance with the applicable regulations, ordinances
and/or resolutions of the Township, Pocono Township and/or the BCRA.
Whenever there is a conflict between the Township, Pocono Township
and BCRA, the highest quantity calculated shall apply.
C.
Compliance with all applicable rules and regulations of the Township,
Pocono Township and BCRA then in effect, as well as compliance with
the ISSAA, ISCDSA, SDSA and SDA and other applicable and controlling
agreements and/or regulations is required.
The connection of an improved property within the Tobyhanna
Sewer District No. 1 to the sewer system shall not be required, or
permitted, in the event that the Township, in its sole discretion,
determines that there is insufficient conveyance capacity to serve
the improved property, and/or Pocono Township and/or BCRA, in their
sole discretion, determine that there is insufficient treatment capacity
to serve the improved property. In the event there is insufficient
sewer conveyance and/or treatment capacity to serve any improved property,
or property which an owner desires to improve, such owner may utilize
such other sewage disposal system as approved by the Township and
DEP.
No improved property may connect to the sewer system within
the Tobyhanna Sewer District No. 1 until such time as the Township
determines that there is available conveyance capacity, and Pocono
Township and BCRA determine and/or otherwise agree in writing that
there is available treatment capacity in the sewer system to service
the property so developed and/or improved, or to be improved, in accordance
with the ISSA, ISCDSA, SDSA and/or SDA. No new connection to the sewer
system will be permitted unless there is sufficient capacity, not
legally committed to others, for both conveyance and treatment of
the sanitary sewage which the new connection would contribute. Further,
the owner of an improved property existing at the enactment of this
article shall not subdivide or develop the improved property in a
manner that would create additional sanitary sewage flow unless the
Township, Pocono Township and BCRA determine, in their respective
sole discretion, that conveyance and treatment capacity is available
for that proposed increase.
The Township reserves the right to refuse connection to the
sewer system, as well as the right to compel the discontinuance of
the use of the sewer system, as a result of the failure to comply
with, or violation of, this article, the provisions and requirements
of the ISSAA, ISCDSA, SDSA, SDA or such other agreements, limitations,
restrictions and/or rules and regulations as shall be established
herein, or otherwise shall be established by the Township, Pocono
Township and/or BCRA, from time to time.
A.
No person shall uncover, connect with, make any opening into, use,
alter or disturb, in any manner, any sewer or any part of the sewer
system without first making application for, and obtaining, a sewer
connection permit, in the written form prescribed by the Township.
B.
Application for a sewer connection permit required under this article shall be made by the owner of the improved property served or to be served, or by a duly authorized agent of such owner, and shall be supplemented by any plans, specifications and other information considered necessary or pertinent in the judgment of the Township, Pocono Township or BCRA. The owner, or his/her duly authorized agent, shall also pay to the Township at the time of application such connection fee, customer facilities fee, tapping fee and other similar fees, as enumerated and defined by Clause (t) of Subsection B of Section 4 of the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945," as the same may be supplemented from time to time,[1] as may be imposed by the Township pursuant to this article
or established by the rate resolution and/or as required under the
ISSAA, ISCDSA, SDSA and/or SDA. Such fees and additional costs shall
be paid by the owner of property within the Tobyhanna Sewer District
No. 1 to the Township in accordance with the ISSAA, ISCDSA, SDSA,
SDA and other applicable agreements and regulations governing the
Tobyhanna Sewer District No. 1. In addition, the owner, or his/her
duly authorized agent, shall obtain and provide, in connection with
the application, a construction permit in accordance with the Pennsylvania
Uniform Construction Code, as adopted by the Township, and pay a permit/inspection
fee as required by the Township for approval of the owner's installation
of the building sewer to the lateral.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
C.
No person shall make or cause to be made a connection of any improved
property with a sewer until such person shall have fulfilled each
of the following conditions:
(1)
Such person shall have notified the Secretary or other designated
representative of the Township and Pocono Township, in writing, of
the desire and intention to connect such improved property to a sewer
within the Tobyhanna Sewer District No. 1;
(2)
Such person has submitted an application to the Township requesting
such proposed new connection, the form of such application to be established
from time to time by the rules and regulations of the Township;
(3)
Pocono Township and/or BCRA has provided written acknowledgement
of the availability of treatment capacity to such person and the Township,
subject to such conditions and requirements as may be specified in
such acknowledgement and in accordance with the ISSAA and ISCDSA;
(4)
The Township provides written notification to such person, Pocono
Township and BCRA of available collection and conveyance capacity,
subject to such conditions and requirements as may be specified in
that notice;
(5)
Such person shall have applied for and shall have obtained a permit
as required by this article;
(6)
Such person submits to Pocono Township, BCRA and the Township written
evidence of such person's receipt of a DEP-approved planning
module amending the Act 537 Plan or a written waiver of the requirement
for such module, if deemed necessary by the Township;
(7)
Such person shall have given the designated representative of the
Township satisfactory advance notice (but in no event less than 48
hours) of the time when such connection will be made so that the Township
may supervise and inspect, or may cause to be supervised and inspected,
the work of connection and necessary testing;
(8)
If applicable, such person shall have furnished satisfactory evidence
to such designated representative of the Township that any tapping
fee, connection fee and any other applicable fee or charge that may
be charged and imposed by the Township against the owner of each improved
property who connects such improved property to a sewer has been paid
or satisfactorily accounted for, together with any and all other fees
and/or escrows required by the ISSAA, ISCDSA, SDSA and/or SDA;
(9)
Such person shall comply with and satisfy all requirements set forth
within the ISSAA, ISCDSA, SDSA and/or SDA.
D.
Except as otherwise provided in this article, each improved property
shall be connected separately and independently with a sewer through
a building sewer. Grouping of more than one improved property on one
building sewer shall not be permitted, except under special circumstances,
but then only after special permission of the Township, in writing,
shall have been secured and only subject to such rules, regulations
and conditions as may be prescribed by the Township, Pocono Township
and BCRA.
E.
All costs and expenses of the acquisition, construction, operation
and maintenance of a building sewer and of the lateral (if required
to be installed by an owner) serving any improved property shall be
borne by the owner of the improved property served thereby, unless
otherwise provided by the Township. All costs and expenses of connecting
a building sewer to a lateral, and connecting a lateral to a sewer
(if required to be performed by an owner), including such costs and
expenses of acquiring, installing, operating and maintaining a grinder
pump or similar apparatus approved by the Township, shall be borne
by the owner of the improved property so connected, unless otherwise
provided by the Township. Each such owner shall indemnify and shall
save harmless the Township, Pocono Township and BCRA from all loss
or damage that may be occasioned, directly or indirectly, as a result
of construction, connection, operation or use of a building sewer
or of a lateral.
F.
A building sewer and the appropriate lateral (if applicable) shall
be connected to a sewer at the location designated by the Township.
If the Township furnishes the lateral, the building sewer shall be
connected to the sewer at the place where the lateral is located.
The owner of each improved property shall provide the Township any
information requested pertaining to the existing or proposed location
of a building sewer and of the lateral. The invert of a building sewer
at the point of connection shall be at the same or a higher elevation
(unless a grinder pump is required as part of the building sewer)
than the invert of the sewer. A smooth, neat joint shall be made,
and the connection of a building sewer and lateral, or other designated
point of connection, shall be made secure and watertight. The size,
slope, alignment, materials, and construction of the building sewer,
and the methods to be used in excavating, placement of the pipe, joint
testing and backfilling the trench, shall conform to the requirements
of the Pennsylvania Uniform Construction Code, as adopted by the Township,
and such further rules and regulations adopted by the Township, and
in effect, at the time the application for connection is made.
G.
If the owner of any improved property located within the Tobyhanna
Sewer District No. 1 that is adjoining or adjacent to any part of
the sewer system, after at least 90 days' notice from the Township,
either by personal service, by registered or certified mail or by
such other method as at the time may be provided by law, requiring
the connection of such improved property with a sewer, in accordance
with this article and/or as otherwise required under the ISSAA, ISCDSA,
SDSA and/or SDA, shall fail to connect such improved property and
use the sewer system, as required, the Township, or its agents, may
enter upon such improved property and construct such connection. In
such event, the Township shall send an itemized bill of the cost of
construction to the owner of the property to which connection has
been made, which bill is payable immediately. If the owner fails to
pay the bill, the Township shall file a municipal lien for the cost
of the construction within six months of the date of completion of
the connection.
H.
The issuance of sewer connection permits shall only be available
on a first-come-first-served basis to the owner(s) of the improved
property within the Tobyhanna Sewer District No. 1. All sewer connection
permits must be paid for in full at the time of issuance thereof.
If sewer connection permits are issued for a development with a number
of lots, each lot shall be considered as a separate property hereunder.
A plan of lots shall be presented together with any application for
sewer connection permits to be issued for development with the number
of lots. Any such sewer connection permits shall be site-specific,
and shall be based on specific plans presented with the application
for the particular intended use for each requested sewer connection
permit, and shall run with the title to the subject lot or parcel
of land.
I.
An owner who obtains a sewer connection permit for a new or revised
subdivision or land development shall, upon request of the Township,
execute a user agreement in form and substance acceptable to the Township
and shall pay the cost of recording the same in the Office for the
Recording of Deeds in and for the County of Monroe, Pennsylvania.
J.
A sewer connection permit within the Tobyhanna Sewer District No.
1 shall not be assigned, nor transferred, without the advance written
approval of the Township and Pocono Township. Any such assignee shall
agree in writing to be bound by the rules and regulations of the Township
and shall execute and record any amendment/revision to the user agreement
as may be required by the Township. At the option of the Township,
any assignment without the approval of the Township shall result in
the forfeiture of the sewer connection permit.
K.
An applicant for a sewer connection permit must hold legal or recordable
title to a specifically described lot or parcel of land for which
the sewer connection permit is sought.
L.
In addition to all other requirements contained in this article,
an applicant or developer may only make application for sewer connection
permits for a subdivision or land development plan after 1) official
approval of a final subdivision or land development plan by the Township;
2) the recordation of the same; 3) obtaining Act 537 wastewater planning
approval from the DEP; and 4) after Pocono Township and BCRA have
confirmed there is sufficient capacity to dispose of and treat such
anticipated sewage.
M.
Before acceptance of any sewer connection permit application for
a subdivision or land development plan, the applicant or developer
must submit to the Township a detailed sewer plan that shows all the
internal sewage connection lines within the development, which must
be reviewed by the Township Engineer and Pocono Township and officially
approved by the Township, Pocono Township and the DEP, if required.
A.
Where an improved property, at the time connection to a sewer is
required, is served by its own sewage disposal system or treatment
facility, the existing private sewer line shall be broken on the structure
side of such sewage disposal system or treatment facility and attachment
shall be made, with proper fittings, to continue such private sewer
line as the building sewer and from there to the lateral and the sewer,
in the manner approved by the Township.
B.
No building sewer or any lateral constructed by the owner shall be
covered until it has been inspected and approved by the designated
representative of the Township and Pocono Township. If any part of
a building sewer or lateral is covered before so being inspected and
approved, it shall be uncovered for inspection at the cost and expense
of the owner of the improved property to be connected to a sewer.
C.
Every building sewer and every lateral (if required to be constructed/installed
by the owner) serving any improved property shall be operated and
maintained by the owner of such improved property in a sanitary and
safe operating condition to the continuing satisfaction of the Township,
and in a manner which does not cause the Township to violate any applicable
agreement with, or regulation by, Pocono Township, BCRA, DEP or DRBC,
including but not limited to the ISSAA and/or ISCDSA.
D.
Every excavation for a building sewer or for a lateral shall be guarded
adequately with barricades and lights to protect all persons from
damage and injury. Any street, sidewalk and other property disturbed
in the course of installation of a building sewer or lateral shall
be restored, at the cost and expense of the owner of the improved
property being connected, in a manner satisfactory to the Township.
E.
If any person shall fail or refuse, upon receipt of a written notice
from the Township and/or Pocono Township, to remedy any unsatisfactory
condition with respect to a building sewer or with respect to a lateral,
within 30 days of receipt of such notice, the Township may refuse
to permit such person to discharge sanitary sewage into the sewer
system until such unsatisfactory condition shall have been remedied
to the satisfaction of the Township and, if applicable, Pocono Township,
DEP and BCRA. Notwithstanding the foregoing, in the event of a condition
with respect to said facilities which threatens health, property or
legal liability, including damage to the BCRA Treatment Plant or permits,
approvals, agreements or financial covenants of the Township, the
Township may specify a lesser time or other manner of notice of such
condition.
F.
The Township shall not be responsible for maintaining any portion
of the building sewer or its connection to a lateral, or for damage
done by water or sewage backing up or escaping therefrom.
G.
The building sewer, and all connections and fixtures furnished by
the owner, shall be maintained by the owner in good order, and all
valves, meters and appliances, if any, furnished by the Township located
on the property of the owner shall be properly protected and cared
for by the owner. All leaks in the building sewer, the connection
of the same to the lateral, or any other pipe or fixture in or on
the premises of the owner, must be repaired immediately by the owner
of the improved property. The owner of the improved property is responsible
for paying all costs and expenses for maintaining sewage flow in the
building sewer. If there is a blockage in the building sewer, the
owner is responsible for taking all necessary action to remedy the
problem.
A.
A tapping fee is hereby imposed against the owner of any improved
property to be served by the sewer system which actually connects,
or is required to be connected, to the sewer system pursuant to the
provision of this article. The tapping fee shall be set from time
to time by resolution adopted by the Township Board of Supervisors
and in accordance with the ISCDSA, SDSA and SDA.
B.
The tapping fee shall be due and payable upon the earlier of the
time application is made to the Township to make connection to the
sewer system, or at the time payment is due to Pocono Township for
such connection, or, if applicable, the date when the Township shall
connect any improved property to the sewer system, at the cost and
expense of the owner, once such owner shall have failed to make such
connection pursuant to this article or, in the case of properties
to be connected following initial construction of the sewer system,
the date which is 90 days after the date of issuance by the Township
of the written notice to connect pursuant to this article. Owners
of an improved property which is attributed an additional number of
EDUs, as defined by the rate resolution, shall pay a corresponding
additional tapping fee at the time of being attributed the additional
EDUs.
C.
A user charge is hereby imposed upon the owner of each improved property
which is, or shall be, connected to the sewer system, for use of the
sewer system, whether such use is direct or indirect, and for services
rendered by, or on behalf of, the Township in connection therewith.
At the discretion of the Township, such user charge may be imposed
upon the owner of an improved property who fails or refuses improperly
to connect such improved property to the sewer system, as compensation
for the availability of service by the Township in connection with
the sewer system. The user charge shall be subject to compliance with
the ISCDSA, SDSA and the SDA.
D.
The user charge applicable to any improved property shall be set
from time to time by resolution of the Township Board of Supervisors,
in accordance with the ISCDSA, SDSA and SDA, and shall be payable
by the owner of each improved property commencing the earlier of:
1) the date of actual, physical connection of an improved property
to the sewer system; or 2) in the case of properties to be connected
following initial construction of the sewer system, the date which
is 90 days after the date of issuance by the Township of the written
notice to connect; or 3) such other date established by the Township
for commencement of the payment of the user charge; or 4) at the time
payment is required by Pocono Township.
E.
All tapping fees and user charges shall be payable to the Secretary
of the Township, or to such other officer, representative or agent
of the Township as shall be authorized, from time to time, by the
Township, to accept payment thereof.
F.
Payment of tapping fees and user charges imposed by the Township
pursuant to the authority of this article and the ISCDSA, SDSA and
SDA, shall be calculated, administered and enforced by the Township
in any manner appropriate under the applicable agreements, laws, rules
and regulations at that time in effect.
G.
The owner of improved property connecting to or required to connect
to the sewer system shall also pay any and all additional fees and/or
escrows required under the ISSAA, ISCDSA, SDSA and/or SDA.
A.
In addition to the rights and remedies set forth elsewhere in this
article, this article, and the rules and regulations adopted by the
Township pursuant to this article, shall be enforced by an action
before a Magisterial District Judge in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure. Any person who or which violates or permits a
violation of the provisions of this article or such rules and regulations
shall, upon conviction in a summary proceeding, pay a fine of $1,000
per violation, plus all court costs and reasonable attorney's
fees incurred by the Township in the enforcement proceedings, and/or
be imprisoned to the extent allowed by law for the punishment of summary
offenses. Each day, or a portion thereof, that a violation exists
or continues shall constitute a separate violation. Further, the appropriate
officers or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance with this article.
All fines, penalties, costs and reasonable attorney's fees collected
for the violation of this article shall be paid to the Township for
its use for any purpose permissible under applicable law. The above-referenced
enforcement rights and requirements shall be in addition to any and
all enforcement rights and penalties provided for within the ISSAA,
ISCDSA, SDSA and/or SDA.
B.
Fines and costs imposed under provisions of this article shall be
enforceable and recoverable in the manner at the time provided by
applicable law.
C.
Whenever it has been determined that any person who has violated,
is violating or is permitting a violation of this article or rules
and regulations adopted by the Township pursuant to this article,
the Township may serve upon such person a written notice of violation,
which shall be sent via certified or registered mail, to the last
known address of the person, stating a notice of the violation. Within
30 days of the date of the notice of violation, the person shall submit
an application and a plan for the satisfactory correction thereof
to the Township for review and approval, together with any required
fee. Submission of a plan in no way relieves the person of liability
for any violations occurring before or after receipt of the notice
of violation. Nothing in this section shall limit the authority of
the Township to take any action, including emergency actions or any
other enforcement actions, without first issuing a notice of violation.
A.
The Township will adopt, from time to time, additional rules and
regulations as it shall deem necessary and proper pertaining to connection
to, and use, operation, administration and protection of, the sewer
system, which additional rules and regulations, to the extent appropriate,
shall be, and shall be construed as, part of this article as though
fully set forth at length herein.
B.
In addition to the conditions and requirements set forth in this
article, all owners of improved property within the Tobyhanna Sewer
District No. 1 shall also comply with and satisfy all requirements
set forth within the ISSAA, ISCDSA, SDSA and SDA, all of which are
specifically incorporated herein by reference.
This article shall become effective five days after enactment.
In the event any provision, section, sentence, clause or part
of this article shall be held to be invalid, such invalidity shall
not affect or impair any remaining provision, section, sentence, clause
or part of this article, it being the intent of the Township that
such remainder shall be and shall remain in full force and effect.
All ordinances or parts of ordinances, and all resolutions or
parts of resolutions, that are inconsistent with this article shall
be, and the same expressly are, repealed, but only to the extent of
such inconsistency.
The Township shall have the right to assign any rights, and/or
delegate any duties, hereunder to a municipal authority or to another
local government unit, in Township's sole discretion, including
but not limited to Pocono Township and/or the BCRA.
