[Ord. No. 2019-1, 6/12/2019]
As used herein, the following words shall have the following
meanings;
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.
Any person, who occupies any building or premises with the
right of occupancy therein vested by the owner.
Any person, vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, trust,
corporation or other group or entity having charge of any improved
premises within the Township of Kingston.
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.
Normal water-carried household and toilet wastes discharged
from any improved property.
Any pipe, main, or conduit constituting a part of the sewer
system used or usable for sewage collection purposes.
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.
