[Ord. 82-104, 10/7/1982, § 1]
The following terms used in this Part shall have the following
meanings unless the context clearly otherwise requires:
The Hempfield Township Municipal Authority.
When used in connection with area, the entire geographic
area comprising the Borough of New Stanton, Westmoreland County, Pennsylvania.
The term "Borough," if the context requires, shall mean the local
government of the area.
Any structure erected and intended for continuous or periodic
habitation, occupancy or use by human beings or animals, and from
which structure sewage and industrial waste, or either, is, or may
be, discharged.
Includes all the geographic area encompassed in the Borough
of New Stanton; all other areas beyond the Borough of New Stanton
which may, hereafter, be included by ordinance or resolution passed
by the appropriate governing body within the jurisdiction of the Hempfield
Township Municipal Authority; and all other geographic areas hereafter
served by the sewage disposal system constructed or hereafter constructed
by the Hempfield Township Municipal Authority.
A combination of water-carried waste from residences, businesses,
buildings, institutions and industrial and commercial establishments
within the service area.
Any lines or conduits constructed by and/or coming under the jurisdiction of the Authority or the Borough for the purposes of transporting sewage in streets, roads or rights-of-way, including all lateral service connections, main collecting sewers and trunk lines, but not including lines from curb to house constructed in accordance with § 18-102 of this Part.
All properties abutting on, or adjoining, any streets, highways,
roads or rights-of-way in which is constructed or in which there is
hereafter constructed any portion of the sewage or drainage system,
and said property shall be subject to all sections of this Part.
[Ord. 82-104, 10/7/1982, § 2; as amended by Ord. 97-173, 2/6/1997]
1.
Every owner of any seweragable property within the Borough is required
to connect to the sewage system of the Authority and at the expense
of said owners.
2.
Owners of buildings existing at the time of construction of any portion
of the sewage system, and which can be served thereby, shall provide
for the discharge of all sewage therefrom into said system. At such
time as the sewage system is ready to accept sewage from existing
structures, the owners thereto will be notified by the Borough or
the Authority. Connection of such buildings to the sewerage system
shall then be made within 45 days from the date of the sewer connection
notice.
3.
All buildings constructed on seweragable property shall be connected
to the sewage system before the same may be used or occupied.
4.
In the event a connecting sewer from any seweragable property to
the sewage system is not provided by the property owners as and when
required, the Borough and/or the Authority may construct or install,
or cause the same to be constructed or installed, and collect the
cost thereof, including penalties and costs of collection, from the
property owner(s) by filing of a municipal claim or by an action of
assumpsit.
5.
No construction of any connecting sewer shall be made in the service
area without first obtaining a sewer connection permit.
6.
For proposed buildings which can be served by the sewage system,
a sewer connection permit shall be obtained prior to receiving a building
permit, and no building permit will be issued until this requirement
is met. No officer, official or employee of the Borough shall issue,
or cause to be issued, a building permit to any person, corporation
or other entity without having first ascertained that there is on
file with the Borough the sewer connection permit herein referred
to. In the event any owner or developer of land contends that the
property cannot be served by the sewage system, he/she shall notify
the Authority, in writing, to this effect, and shall also file with
the Borough a permit from the Department of Environmental Protection
to otherwise dispose of the sanitary sewage prior to any building
permit being issued. In the event the Authority shall refuse, for
any reason, to issue a sewage connection permit, the Authority shall
notify, within 10 days, the owner or developer, as well as the Borough,
in writing, setting forth the reasons for such refusal.
7.
For existing buildings which can be served by the sewage system,
a sewer connection permit shall be obtained prior to starting any
construction of the connecting sewer.
8.
All new service sewer lines from the main sewer to the footer of
the building for which connection is being made shall be of a size
and material and installed and constructed in accord with the rules
and regulations of the Authority then in effect.
9.
All connecting sewers shall be inspected by the Engineer of the Borough
or Authority or an inspector appointed for that purpose before they
are covered with any backfill.
10.
Applicants for sewer connection permits proposing the discharge of industrial waste into the sewage system shall show the plans and specifications of such waste and sewer connections to be in compliance with § 18-105 of this Part before a sewer connection permit will be granted.
11.
The Borough reserves the right and, as to sewers in the control of the Authority, authorizes it to refuse any request to connect to the sewage system; to compel the pretreatment of any waste; and to prevent discharges to the sewage system not in compliance with § 18-104 of this Part.
12.
The proper officers of the Borough or the Authority are hereby authorized
to take all steps to execute all documents and to do all things necessary
or proper to carry out the provisions of this Part, and to comply
with state or county regulations in connection with the ownership,
maintenance and operation of the sewage system.
[Ord. 82-104, 10/7/1982, § 3]
Every seweragable property which hereafter applies for and receives
a sewer connection permit from the Authority will pay to the Authority
for such permit such amount as required by the rules and regulations
of the Authority.
[Ord. 82-104, 10/7/1982, § 4]
1.
It shall be unlawful for any person owning seweragable property within
the Borough to erect, construct, use or maintain or cause to be erected,
constructed, used or maintained any privy, cesspool, sinkhole, septic
tank or other receptacle on such premises for receiving sewage, except
by special permission from the Authority.
2.
Any person owning seweragable property who erects on such property,
constructs, uses or maintains a privy, cesspool, sinkhole, septic
tank or other receptacle for receiving sewage shall be deemed in violation
of this Part and shall be deemed and declared to be erecting, constructing,
using and maintaining a nuisance, which nuisance the Authority is
hereby authorized and directed to abate in the manner provided by
law.
[Ord. 82-104, 10/7/1982, § 5]
1.
The discharge of stormwater runoff or other surface water into the
sewage system is hereby prohibited, and persons presently discharging
stormwater runoff into any sewer which may be connected to the sewage
system shall cease and desist from such practices prior to connecting
same to the sewage system or, if presently connected, within a period
of three months after the effective date of this Part.
2.
All persons presently connected to the sewage system or who shall,
hereafter, be connected to the sewage system within the service area,
shall provide, at their own expense, within a period of three months
after their property becomes seweragable property, provisions for
the disposition of stormwater runoff outside of the sewage system.
[Ord. 82-104, 10/7/1982, § 6; as amended by Ord. 97-173, 2/6/1997; and by Ord.
No. 97-177, 12/22/1997]
See Part 2.
[Ord. 82-104, 10/7/1982, § 7]
While it will be the obligation of the Authority to maintain in proper repair and workable order the sewage system, the lines from curb to building constructed by the owner of the seweragable property within the terms of § 18-102 of this Part will be maintained in proper repair and in functional order at the expense of the seweragable property owner(s).
[Ord. 82-104, 10/7/1982, § 8; as amended by Ord. 97-173, 2/6/1997]
Any person who shall violate or fail to conform to any of the
provisions of this Part shall, in addition to any other provisions
or penalties as set forth therein, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000, plus costs, and, upon default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days. Each day's continuance of a violation, after
notice by the Authority, shall constitute a separate offense, and
the Authority shall have the further right, where the same is applicable,
to remove or close the sewer connection until the provisions of this
Part are complied with. The expense of such removal or closing and
the expense of restoring the sewage service shall be a debt due the
Authority and a lien upon the property served, and may be filed and
collected in the same manner provided by law for filing and collecting
of municipal claims.
