Township of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents
[Ord. No. 2019-1, 6/12/2019]
As used herein, the following words shall have the following meanings;
LATERAL
The part of the sanitary sewage system extending from a sewer to the curbline or, if there is no curbline, to the property line or, if no such lateral is provided, then "lateral" shall mean that portion of or place in a sewer, which is provided for connection thereto of any building sewer.
OCCUPANT
Any person, who occupies any building or premises with the right of occupancy therein vested by the owner.
OWNER
Any person, vested with ownership, legal or equitable, sole or partial, of any improved property.
PERSON
Any individual, partnership, company, association, trust, corporation or other group or entity having charge of any improved premises within the Township of Kingston.
PUBLIC SANITARY SEWER SYSTEM
All facilities as of any particular time, for a system collecting, transporting, treating and disposing of sanitary sewage situated in or maintained by or the designee by the Township of Dallas.
SANITARY SEWAGE
Normal water-carried household and toilet wastes discharged from any improved property.
SEWER
Any pipe, main, or conduit constituting a part of the sewer system used or usable for sewage collection purposes.
SEWER AUTHORITY
Any sewer authority, acting by and through its Board of Directors, or an appropriate case acting by and through its authorized representatives or operated by a municipal-designated sewer service provider.
[Ord. No. 2019-1, 6/12/2019]
It shall be unlawful for any person, occupant, or owner of any building, improvement, or premises situated in the Township of Kingston to use, install or maintain or have any connection by whatever means of roof drains, downspouts, foundation drains, areaway drain, basement drains, sump pumps, or other sources of surface water runoff or ground water flows to a pipe, the building sewer, building drain, or lateral, which is connected directly or indirectly to a public sanitary sewer system for the purpose of discharging such waters therein.
[Ord. No. 2019-1, 6/12/2019]
1. 
Inspection. The Township of Kingston by its authorized officer(s), employee(s) or representative(s) or by its designated agent may inspect periodically, as necessary, any building, improvement, or premises situated in the Township of Kingston to determine compliance with the provisions of this Part and to determine if there exists therein any private connection or infiltration of any prohibited waters hereunder into a public sanitary sewage system.
2. 
Entry of Building and Premises.
A. 
For the purpose of the conduct of any necessary inspection hereunder, the person, occupant or owner of a building or premises situated in the Township of Kingston shall permit the designated and authorized officer(s), employee(s) or representative(s) of the Township of Kingston or its designated agent hereunder, upon the production of proper identification and credentials, access during reasonable hours of the day and after reasonable notice to make all necessary inspections for the enforcement of this Part. The inspections hereunder shall be conducted for the purpose of determining the existence within any such building or any premises of any private inflow of prohibited effluent therefrom into any public sanitary sewer system.
B. 
The right of entry authorized hereunder shall also include the right to inspect any and all lateral sewer lines (and any connection thereto) through dye testing, air testing, smoke testing or utilization of one or more portable television cameras or such similar testing as may be used for time to time by DAMA and, also, to inspect roof, surface drains and similar lines to determine whether or not the same are connected or intersect with any sanitary sewer lines as a prohibited effluent therefrom, which enters any public sanitary sewer system.
3. 
Delegation of Inspection and Enforcement Responsibilities.
A. 
The Dallas Area Municipal Authority ("DAMA"), through its authorized officer(s), employee(s) and representatives, is hereby delegated full authority to act for and on behalf of the Township of Kingston to conduct all inspections, to issue all directives and notices necessary to enforce all provisions of this Part and to undertake all other actions necessary to enforce and secure compliance with this Part.
B. 
The delegation to DAMA of enforcement responsibility hereunder shall include, but shall not be limited to, the commencement and prosecution of any civil or criminal proceeding(s) for the purpose of effecting the enforcement and compliance with and for any violation(s) of this Part.
[Ord. No. 2019-1, 6/12/2019]
1. 
Any person, occupant, or owner of any building, improvement or premises in the Township of Kingston who installs, uses, or maintains any private devices or connections for the infiltration of waters prohibited hereunder into a public sanitary sewer system in violation of this Part shall remove immediately such device or connection to the public sanitary sewer system. Should such device or connection not be removed within 30 calendar days following the receipt of written notice delivered personally or by USPS certified mail to the person, occupant or owner to cease and desist such action and to remove such device or connection, the person, occupant or owner of any such building or premises shall be in violation of this Part and shall be subject to the penalties for such violations as provided herein.
2. 
Should any kind, type, or manner of private device or connection system be found, upon inspection, to have been reinstalled, remaintained, or reoperated in any building(s) or premise(s) situated in this municipality by any person, owner or occupant thereof for the purpose of the discharge of prohibited waters hereunder into any public sanitary sewer system following the previous removal of a same or similar private device or water connection system from the building(s) or the premise(s) after written notice of removal was given, such private device or water connection system shall be removed immediately therefrom upon demand and without any prior written notice of removal, and such action and conduct shall constitute a violation of this Part, and it shall be subject to the penalties provided herein.
[Ord. No. 2019-1, 6/12/2019]
1. 
A violation of any provision of this Part shall constitute a summary offense and shall be enforced by the commencement of an action before a District Justice by the municipality of the Township of Kingston or its designated agent in a manner provided for the enforcement of summary offenses under the applicable provisions of the Pennsylvania Rules of Civil Procedure or any amendment thereof.
2. 
Any person who shall be found to have violated any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine not more than $1,000 and all costs of prosecution. Each day that a violation of this Part continues shall constitute a separate offense.
3. 
In addition to all other remedies provided herein for violations of this Part, the Township of Kingston or its authorized representative(s) or designated public sewer provider shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with the provisions of this Part. The remedies provided herein for the enforcement of this Part, or any remedy provided by law, shall not be deemed mutually exclusive; rather, they may be employed simultaneously or consecutively, at the option of the Township of Kingston or its authorized representative(s) or its designated public sanitary sewer system provider.
[Ord. No. 2019-1, 6/12/2019]
The provisions of this Part of the Township of Kingston, so far as they are the same as those ordinances and regulations enforced immediately prior to the adoption of this Part are intended as a continuation of such ordinances and regulations and not as a new enactment. The provisions of this Part shall not affect any suit or prosecution pending or to be instituted to enforce any of the prior ordinances, except as provided by law.
[Ord. No. 2019-1, 6/12/2019]
All ordinances and parts of ordinances inconsistent with the terms of this Part are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistencies, and in all other respects, this Part shall be cumulative with the other ordinances regulating and governing the subject matter covered by this Part.
[Ord. No. 2019-1, 6/12/2019]
This Part shall become effective in accordance with law.