[Ord. 122, 2/24/1977, § 1]
Unless the context specifically indicates otherwise, the meaning
of the terms used in this Part shall be as follows:
Northwestern Chester County Municipal Authority.
An engineer employed by the Authority or an authorized member
of his staff.
The Borough of Honey Brook, Chester County, Pennsylvania.
An engineer employed by the Borough or an authorized member
of his staff.
That part of the sewer system extending from a sewer to the
curb line or, if there shall be no curb line, 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.
Any outlet into a watercourse, ditch, pond, lake or other
body of surface or ground water.
Each single dwelling unit, household unit, flat or apartment
unit, store, shop, office, business, commercial or industrial unit,
or family unit contained within any structure, erected and intended
for continuous or periodic habitation, occupancy or use by human beings
or animals and from which structure sanitary sewage and industrial
wastes, or either thereof, is or may be discharged, located in the
Borough.
Any person vested with ownership, legal or equitable, sole
or partial, of any property situated in the Borough.
Any individual, partnership, company, association, society,
corporation or group.
A sewer which is part of the sewer system and which carries
sanitary sewage and/or treated industrial waste permitted to be discharged
into the sewer system.
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.
Sewer mains, lateral sewers from a sewer main to service
line or house connection, sewage ejector and/or pumping stations,
sewer force mains, and all appurtenant facilities operated by the
Borough in furnishing sewage service.
[Ord. 122, 2/24/1977, § 2; as amended by Ord. 193,
7/16/2007]
1.
It shall be unlawful for any owner of property who is required to connect to the sewer system pursuant to Subsection 2 below, to construct or maintain any privy, privy vault, cesspool, sinkhole, septic tank or similar receptacle intended or used for the disposal of sewage within the Borough, or, unless such discharge is pursuant to a permit issued by the Pennsylvania Department of Environmental Protection, to discharge or permit the discharge of any sanitary sewage or industrial waste into any natural outlet in the Borough.
2.
Each owner of any occupied building situate on property abutting
on any street, alley or right-of-way in which there has been constructed
a sanitary sewer and where any part of such building is within 150
feet of said sewer and is accessible thereto, shall at his own expense
install suitable sanitary facilities therein and connect such facilities
directly with such sewer in accordance with the provisions of this
Part 1 within 60 days after the date of official notice to do so,
given in the manner provided by law. In the event any such owner shall
refuse or neglect to so connect within said sixty-day period, he shall
be deemed to be in violation of this Part, and the proper officers
of the Borough, or the Authority, or their agents, may enter upon
such property and construct such connection or cause the proper officers
or agents of the Authority to enter upon such property and construct
such connection. In such case, the Borough officers shall forthwith,
upon completion of the work, send an itemized bill of the cost of
the construction of such connection to such owner, which bill shall
be payable forthwith. In case of neglect or refusal by such owner
to pay said bill, within 30 days thereafter, it shall be the duty
of the Borough officers to file or cause the Authority to file municipal
liens. Notwithstanding the foregoing provisions, no owner of an occupied
building shall be required to connect such building to a sanitary
sewer if the Board of the Authority determines that connecting such
building would result in an overloading of sewage treatment facilities.
3.
No privy, privy vault, cesspool, sinkhole, septic tank or similar
receptacle shall be connected with the sewer system at any time. Each
such privy, privy vault, cesspool, sinkhole, septic tank or similar
receptacle shall be abandoned upon the making of connection to the
sewer system and, at the request of the Borough officers shall be
cleaned and filled under its direction and supervision; and any such
privy, privy vault, cesspool, sinkhole, septic tank or similar receptacle
not so abandoned and, if required by the Borough officers or the Authority
officers, or agents, cleaned and filled, shall constitute a nuisance
and such nuisance shall be abated as provided by law at the expense
of the owner of such property.
4.
There is hereby reserved to the Borough the right to refuse to any
person the privilege of connecting any occupied building to the sewer
system, 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, the Borough or the
Borough 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.
[Ord. 122, 2/24/1977, § 3]
1.
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, as agent for the Borough.
2.
Application to the Authority for a permit required under this Section
shall be made by the owner of the property to be served, in such form
as may be prescribed by the Authority. The application shall be accompanied
by the required connection charge and tapping fee, if any, imposed
by the Authority.
3.
No person other than the Borough, the Authority, or their agents,
shall make or cause to be made the connection of any property with
a lateral sewer until such person shall have fulfilled each of the
following conditions:
A.
Such person shall have notified the Borough of the desire and intention
to connect to a lateral sewer.
B.
Such person shall apply for and obtain a permit as required by this
Part.
C.
Such person shall have given the Borough at least 24 hours notice
of the time when such service line is to be connected and such connection
made so that the Borough may inspect the service line and the work
of connection and perform necessary testing.
D.
Payment of the abovementioned connection charge shall entitle the
applicant to have one lateral sewer installed to the curbline of his
property, or if there is no curbline to the edge of the street abutting
his property, at the expense of the Authority, including repairing.
All costs of constructing a longer lateral sewer, and all costs and
expenses in connecting such lateral sewer to a service line shall
be borne by the owner of the property to be connected; and such owner
shall indemnify and save harmless the Borough and the Authority from
all loss or damage that may be occasioned, directly or indirectly,
as a result of the construction which the owner is required to perform.
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 a connection to obtain street opening permits
from the Borough, 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 Borough and of the Department of Transportation,
as the case may be.
[Ord. 122, 2/24/1977, § 4]
The Borough Engineer, the Authority Engineer and other duly
authorized representatives or employees of the Borough or the Authority
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 Part.
[Ord. 122, 2/24/1977, § 5]
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, or discharge
any substance into the sewer system contrary to or in violation of
the resolution of the Authority imposing sewer rates which, inter
alia, prohibits discharge of wastes into the sewer system and provides
for rules and regulations.
[Ord. 122, 2/24/1977, § 6; as amended by Ord. 131,
4/1/1985; and by Ord. 193, 7/16/2007]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 122, 2/24/1977, § 7]
The Borough hereby grants to the Authority all easements, rights-of-way
and other rights necessary or desirable on, over and under the streets
of the Borough for the purpose of constructing, operating and maintaining
the sewer system.
[Ord. 160, —/—/1995, § 1]
The Council has organized the Northwestern Chester County Municipal
Authority (the "Authority") jointly with the Township of Honey Brook
under the provisions of the Municipalities Authorities Act of 1945.
[Ord. 160, —/—/1995, § 2]
The Northwestern Chester County Municipal Authority has adopted
a resolution entitled "Resolution Establishing Rules and Regulations
Concerning Connection to and use of the Sewer System" dated December
15, 1993, and a resolution entitled "Resolution of Northwestern Chester
County Municipal Authority Imposing Rates and Charges with Respect
to the Authority's Sewer System; and Establishing Rules and Regulations
in connection with Non-Domestic Waste Discharges" dated May 16, 1989,
as amended December 15, 1993, and as amended September 21, 1994 (collectively
the "Rules and Regulations").
[Ord. 160, —/—/1995, § 3]
It is the intention of the Council of this Borough to enforce
the rules and regulations of the Authority, including such amendments
which shall be made to the rules and regulations by the Authority
from time to time. A copy of the rules and regulations, as amended
shall be kept on file at the Borough Building.
[Ord. 160, —/—/1995, § 4; as amended
by Ord. 193, 7/16/2007]
In pursuance of such intention, the Council of this Borough
hereby adopts the Rules and Regulations, as they may be amended from
time to time. The Council, the Borough Manager, the Authority or the
Solicitor for the Authority may, and are hereby authorized to, institute
summary proceedings, in accordance with the applicable rules of Court
for violations of the rules and regulations, including such amendments
of the rules and regulations as may be made from time to time. This
action shall be brought in the name of the Borough and any person
convicted of violating the rules and regulations, as amended, shall
upon conviction thereof, be sentenced to pay a fine of not more $1,000
and costs of prosecution, and in default of such fine and costs, such
person shall undergo imprisonment for not more than 30 days. A separate
offense shall be deemed committed on each date on which, or during
which, a violation occurs or continues.
[Ord. 160, —/—/1995, § 5]
In addition to the remedies provided in § 18-204, above, any continued violations of the rules and regulations which shall constitute a nuisance in fact or which shall, in the opinion of the Council constitute a nuisance may be abated by proceeding against the violator in a court of equity for relief. Such proceedings may be instituted by the Borough or by the Authority on behalf of and in the name of the Borough.
