[HISTORY: Adopted by the Borough Council
of the Borough of Schwenksville as indicated in article histories.
Amendments noted where applicable.]
[Adopted 1-24-1964 by Ord. No. 77]
As used in this article, the following terms
shall have the meanings indicated:
Schwenksville Borough Authority, Montgomery County, Pennsylvania,
as presently or hereafter constituted, which has been created by the
Borough Council and to which has been referred by the Borough Council
the specific project of sewers.
The Borough of Schwenksville, Montgomery County, Pennsylvania,
or the duly constituted and elected municipal authorities thereof.
Each single dwelling unit, household unit, flat or apartment
unit, store, shop, office, business 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 is or may be discharged.
An individual, firm, company, association, society, corporation
or group.
Improved property which adjoins, abuts on, or is adjacent
to, the sewer system or any portion thereof or any public street,
alley or way in which there is a sewer line.
The normal water carried household and toilet wastes from
residences, business buildings, institutions and industrial establishments.
Refers to the public sanitary sewage collection system, sewage
treatment plant and related facilities about to be constructed, among
other things, for the Borough and any improvements, additions or extensions
that hereafter may be made thereto by the Authority or the Borough
or to any part or parts of any or all thereof and shall specifically
include all presently existing public sewer lines now owned or hereafter
acquired by the Authority.
Whenever the sewer system is completed and ready
for public use, it shall be the duty of the Borough to cause notice
of the fact to be given by advertisement published once in one newspaper
of general circulation in the Borough, and such advertisement shall
state that the sewer system may be used by all persons owning occupied
buildings on property accessible to the sewer system, subject to the
payment of any connection charges and of annual sewer rentals in amounts
as may from time to time be fixed by the Borough.
A.Â
All persons owning any occupied building now erected upon property accessible to the sewer system shall, at their own expense, connect such building with the sewer system within 60 days after the date of publication specified in § 128-2.
B.Â
All persons owning any property accessible to the
sewer system upon which an occupied building is hereafter erected
shall, at the time of the erection of such building and at their own
expense, connect the same with the sewer system.
C.Â
All persons owning any occupied building upon property
which hereafter becomes accessible to the sewer system shall, at their
own expense, connect such building with the sewer system within 60
days after notice to do so from the Borough.
D.Â
Where more than one occupied building, as hereinbefore
defined, is contained in a separate structure, a single common connection
to the lateral of the sewer system shall be permitted for accommodating
all units contained in such structure, except that separate connections
shall be required for each semidetached or row-type house or structure.
[Amended 10-12-2006 by Ord. No. 335]
After the expiration of the particular periods specified in § 128-3 of this article, if any owner of the occupied building on property accessible to the sewer system shall have failed to connect such property with the sewer system as required by said § 128-3, the Borough shall cause a copy of this article and a written or printed notice requiring such connection to be made, which notice shall further state that its requirements shall be complied with within 30 days from the date thereof, to be served upon the owner or owners of such property so failing to connect to said sewer system either personally or by leaving the same with an adult member of the family with whom the said owner or owners reside. If the owner or owners of such property have no residence, or cannot be found, in the Borough, then a copy of such article and such notice shall be posted upon such property and copy thereof left with the occupant of such property, if there be one, and shall further be mailed by registered United States mail to the owner or owners or his or their agent or attorney at his or their last known address.
[Amended 10-12-2006 by Ord. No. 335]
A.Â
It shall be unlawful for any person owning or occupying any property accessible to the sewer system to erect, construct or use or maintain or cause to be erected, constructed, used or maintained any privy, cesspool, sinkhole, septic tank or other receptacle on such premises or otherwise for receiving sanitary sewage after the expiration of the particular period specified in § 128-3 hereof, or otherwise at any time to erect, construct, use or maintain any pipe, conduit, drain or other facility for the discharge of sanitary sewage into the gutters of the Borough, the storm sewers in the Borough or upon public or private property or otherwise, except into the sewer system.
B.Â
Any person who erects, constructs, uses or maintains
a privy, cesspool, sinkhole or septic tank on any property accessible
to the sewer system or otherwise erects, constructs, uses or maintains
any pipe, conduit, drain or other facility for the discharge of sanitary
sewage in violation of this article shall be deemed and shall be declared
to be erecting, constructing and maintaining a nuisance, which nuisance
the Borough is hereby authorized and directed to abate in the manner
provided by law.
[Amended 10-12-2006 by Ord. No. 335]
No connection shall be made to the sewer system,
except in compliance with the ordinances and resolutions as well as
such rules and regulations as may, from time to time, be enacted,
adopted, approved or promulgated by the Borough or the Authority.
The following rules and regulations have been promulgated by the Borough
and shall apply:
A.Â
Unlawful discharge. No roof, storm, cellar seepage,
surface waters or groundwaters shall be discharged into the sanitary
sewer system.
B.Â
Inspections. The Borough, Authority, or their representatives
shall have the right of access at all reasonable times, including
by appointment, to all parts of every residential, industrial or commercial
premises connected to the sewer system and to examine and inspect
all plumbing fixtures and the connections made thereof to the sewer
system for any improper connection, installation, maintenance or use
of the sewer system. The Borough or the Authority may make reasonable
charges for such inspections to users of the sewer system.
C.Â
Release of liability. Neither the Borough nor the
Authority shall be liable for any damage or expense resulting from
leaks, stoppages or defective plumbing or from any other cause, occurring
to any premises or within any house or building; and it is hereby
expressly stipulated that all persons making connection with the sewer
system that no claims shall be made against either the Borough or
the Authority on account of the breaking or stoppage of, or any damage
to, any lateral or house sewer line or connection when the cause thereof
is found to be in such lateral or house sewer line or connection.
The Borough and the Authority shall not be liable for deficiency or
failure when occasioned by an emergency, or the required repairs or
failure for any cause beyond control.
D.Â
Changing rules and regulations. The Borough and the
Authority reserve the right to change or amend from time to time these
rules and regulations in accordance with law.
[Amended 10-12-2006 by Ord. No. 335]
The provisions of this article are declared
to be for the health, safety and welfare of the citizens of the Borough,
and persons violating any provisions of this article, upon conviction
before any District Justice of Montgomery County, shall be punishable
for each offense by a maximum fine of $1,000, plus costs of prosecution,
and, in default of payment of such fine and costs, by imprisonment
for not more than 30 days. Each ninety-day period during which such
violation of such provision shall continue shall be deemed to be a
separate offense. Each occupied building, as hereinbefore defined,
whether or not the owners thereof shall be permitted to connect two
or more occupied buildings or units by a single common connection
to a lateral of the sewer system or shall be required to make separate
connections for each occupied building or unit, shall constitute a
separate and distinct unit under the provisions of this article and
the persons owning occupied buildings, consisting of multiple units
contained in the same structure, who violate any of the provisions
of this article shall be subject to the aforesaid fine for each and
every one of such occupied buildings or units which are in violation
of the provisions of this article.
[Amended 10-12-2006 by Ord. No. 335]
Borough hereby grants to the Authority all and
every easement, right-of-way and any and all other rights necessary
or desirable on, over or under the public streets, sidewalks and alleys
in the Borough, for the purpose of construction of the sewer system
therein.
[Adopted 10-11-2012 by Ord. No. 370[1]]
[1]
Editor's Note: This article provided an effective date
of 1-1-2013.
The above recitals shall form a part of this article as though
the same were set forth herein at length.[1]
[1]
Editor's Note: The complete text of this ordinance is available
for viewing in the Borough offices.
A.Â
AUTHORITY
BOROUGH
COMPLIANCE
COUNCIL
EMPLOYEES
NOTICE
PRIVATE SEWER SERVICE LATERAL
SUMP PUMP
SYSTEM
TRANSFER
(1)Â
(2)Â
(3)Â
(4)Â
USER
Unless the context specifically Indicates otherwise, the meaning
of terms used in this article shall be as follows:
The Schwenksville Borough Authority.
The Borough of Schwenksville.
Whenever necessary, means compliance with the provisions of the article set forth herein, and any amendments thereto, as well as Schwenksville Borough Code, Chapter 128 and all rules, regulations, and resolutions of the Schwenksville Borough Authority.
The Schwenksville Borough Council.
Whenever necessary, means and includes such employees and
designated representative or officials of the Borough of Schwenksville,
or the Schwenksville Borough Authority, as the Borough or the Authority
shall, from time to time, designate and utilize in the making of the
inspection and/or tests hereafter described in carrying out the duties
as prescribed herein to be performed on behalf of the Borough and/or
the Authority.
Advising when inspections and tests of the system should
be performed by the Borough or the Authority.
The sewer pipe extending from a building to the cleanout,
or if no cleanout exists to, the curbline or cartway.
Any pump connected to the private sewer service lateral,
or to any lateral connected to the private sewer service lateral that
is being used to pump ground-/stormwater into the sanitary sewer system.
All facilities for collecting, pumping, and disposing of
sanitary sewage, which are owned by the Schwenksville Borough Authority
within the sanitary sewer service area of the Borough of Schwenksville.
The transfer of title to real estate when sale or gift is
intended and excluding transfers that occur for the following reasons:
Conversion: a change in an entity's form or organization,
place of organization or name;
Financing transaction: when realty is transferred by the debtor
solely for the purpose of serving as security for the payment of a
debt; or when no sale or debt is intended;
Living trust is established;
Confirmatory deeds.
The owner, lessee, or occupant of the property on which the
buildings and/or appurtenances that are connected to the system are
located.
B.Â
Throughout this article, references to the singular shall include
the plural, and vice versa, wherever required by the context.
A.Â
The seller of any property (residential or commercial) located in the Borough which is connected to the system shall be required to retain the services of a master plumber or utility contractor for the purposes of conducting an inspection of the property to ensure compliance with the provisions of this article; Borough Code, Chapter 71;[1] as well as the Authority's rules, regulations, and
resolutions. Said inspections shall also require a video inspection
of the sanitary sewer lateral from the residence to the connection
to the system to ensure compliance.
B.Â
Should the lateral be found to be defective, based upon the Borough's or Authority's rules, regulations, and resolutions and/or sound engineering practice, the lateral pipe shall be replaced or realigned. In the sole discretion of the Authority, limited permission for spot and/or minor repairs and maintenance may be granted. The pipe replacement/realigning/spot repair shall be performed by a master plumber or utility contractor in accordance with Borough Code, Chapter 71, requirements; as well as the Authority's rules, regulations, and resolutions.
C.Â
In the event that any transfer of title occurs without an inspection
having been conducted and without the seller obtaining a certified
report, the buyer or purchaser of the property shall be responsible
for having the aforementioned inspection conducted and for the submission
of the certified result to the Authority.
D.Â
This article shall not apply to transfer of newly constructed properties.
E.Â
Upon payment of any application and inspection fee and upon the Authority's receipt and approval of the certification set forth in Subsection A above, including a copy of the televised video inspection, the certification specifically certifying that there is no inflow and/or infiltration into the private sewer service lateral, nor any illegal connections and that the cleanout vent is capped and not damaged, the Authority shall issue a private sewer service lateral inspection permit to the seller who shall deliver said permit to the buyer or purchaser of the property at the time of the sale or conveyance.
F.Â
In the event that the property owner fails to replace the private sewer service lateral as required by Subsection B above, the Authority shall be authorized as permitted by law to go onto the property and replace the private sewer service lateral and charge the property owner for the cost and expenses incurred by the Authority to replace the private sewer service lateral. In the event that satisfactory payment arrangements are not agreed upon between the Authority and property owner, the Authority may file a municipal lien against the property pursuant to Pennsylvania's Municipal Claims Act[2] and/or pursue other legal remedies for the collection
of same.
[2]
Editor's Note: See 53 P.S. § 7101 et seq.
G.Â
The property owner shall permit the designated employees or agents
of the Authority access during reasonable hours of the day to all
parts of the property to make necessary inspections and observations.
A.Â
All users of the system shall, upon notice from the Authority that it intends to replace or repair a sewer conveyance line to which the user's private sewer service lateral is connected, make an appointment, within 30 days of being notified, with the Authority to allow the user's private sewer service lateral to be inspected in accordance with the terms and conditions set forth herein; in accordance with the terms and conditions of the ordinances of the Borough and the standard specifications governing connection to and use of the sanitary sewage collection system of the Authority, including, but not limited to, the requirements set forth herein; the requirements of Borough Code, Chapter 71;[1] as well as the rules, regulations, and resolutions of
the Authority.
B.Â
If, upon completion of an inspection, the lateral is found to be defective, based upon the Authority's rules, specifications, regulations, and resolutions and/or sound engineering practice, the lateral pipe shall be replaced or realigned. At the sole discretion of the Authority, limited permission for spot and/or minor repairs and maintenance may be granted. The pipe replacement/realigning/spot repair shall be performed by a master plumber or utility contractor in accordance with Borough Code Chapter 71; as well as the rules, regulations, and resolutions of the Authority.
C.Â
The purpose of the inspection required by this article is to locate
any inflow and infiltration into the private sewer service lateral;
to make sure that there are not any holes or damage in or to the private
sewer service lateral; to verify that all cleanouts and/or vents are
properly capped and not damaged; and to identify any clay or older
private sewer service laterals.
E.Â
In the event that the property owner fails to replace the private sewer service lateral as required by Subsection B above, the Authority shall be authorized as permitted by law to go onto the property and replace the private sewer service lateral and charge the property owner for the cost and expenses incurred by the Authority to replace the private sewer service lateral. In the event that satisfactory payment arrangements are not agreed upon between the Authority and property owner, the Authority may file a municipal lien against the property pursuant to Pennsylvania's Municipal Claims Act[2] and/or pursue other legal remedies for the collection
of same.
[2]
Editor's Note: See 53 P.S. § 7101 et seq.
F.Â
The property owner shall permit the designated employees or agents
of the Authority access during reasonable hours of the day to all
parts of the property to make necessary inspections and observations.
A.Â
All users of the system shall, upon notice from the Authority that it intends to perform inspections of the sanitary sewer system in their area, make an appointment, within 30 days of being notified, with the Authority to allow the user's private sewer service lateral to be inspected in accordance with the terms and conditions of the ordinances of the Borough and the standard specifications governing connection to and use of the sanitary sewage collection system of the Authority, including, but not limited to, the requirements as set forth herein; Schwenksville Borough Code, Chapter 71;[1] as well as the rules, regulations, and resolutions of
the Authority.
B.Â
If, upon completion of an inspection the lateral is found to be defective, based upon the Authority's rules, specifications, regulations, and resolutions and/or sound engineering practice, the lateral pipe shall be replaced or realigned. In the sole discretion of the Authority, limited permission for spot and/or minor repairs and maintenance may be granted. The pipe replacement/realigning/spot repair shall be performed by a master plumber or utility contractor in accordance with Borough Code, Chapter 71; as well as the rules, regulations, and resolutions of the Authority.
C.Â
The purpose of the inspection required by this article is to locate
any inflow and infiltration into the private sewer service lateral;
to make sure that there are not any holes or damage in or to the private
sewer service lateral; to verify that all cleanouts and/or vents are
properly capped and not damaged; and to identify any clay or older
private sewer service laterals.
E.Â
In the event that the property owner fails to replace the private sewer service lateral as required by Subsection B above, the Authority shall be authorized as permitted by law to go onto the property and replace the private sewer service lateral and charge the property owner for the cost and expenses incurred by the Authority to replace the private sewer service lateral. In the event that satisfactory payment arrangements are not agreed upon between the Authority and property owner, the Authority may file a municipal lien against the property pursuant to Pennsylvania's Municipal Claims Act[2] and/or pursue other legal remedies for the collection
of same.
[2]
Editor's Note: See 53 P.S. § 7101 et seq.
F.Â
The property owner shall permit the designated employees or agents
of the Authority access during reasonable hours of the day to all
parts of the property to make necessary inspections and observations.
At all times, it shall be the responsibility of the user to
maintain, repair, and replace all the cleanouts along his/her private
sewer service lateral, including the cleanout at the right-of-way,
or curbline, or the edge of the pavement, whichever applies.
A.Â
In the event a user refuses to comply with any of the terms or conditions of §§ 128-11 through 128-14, above, a surcharge of $25 per month shall be imposed in addition to all other charges authorized and imposed under any applicable Resolutions of the Authority commencing at the next billing period following the date of such failure to comply. Should a user continue to refuse to comply for a period of 60 days after the final notice of noncompliance, the surcharge shall be increased to $50 per month.
B.Â
In the event a user complies with the inspection requirements of §§ 128-11 through 128-14, above, and the Authority determines that the buildings and/or appurtenances of said user are not in compliance, then and in such event, the Authority by its designated employee shall provide written notice to the user, who shall be required to commence compliance with the applicable provisions set forth herein; Schwenksville Borough Code, Chapter 71;[1] as well as the rules, regulations, and resolutions of
the Authority, within 45 days of the date of the notice.
C.Â
In the event that the building and/or appurtenances of the user are still determined not to be in compliance with the article set forth herein, and any amendments thereto; Schwenksville Borough Code, Chapter 71; or the rules, regulations, and resolutions of the Authority, and the time period for the commencement of corrective work expires, and the user refuses or fails to bring the buildings and/or appurtenances in compliance with this article, a surcharge of $50 per month as per Subsection A per billing account for such user shall be imposed, in addition to all other charges authorized and imposed under any applicable resolutions of the Authority commencing at the next billing period following the date of the inspection or testing by the Authority or such noncompliance was determined, for permitting such violation to continue to exist.
D.Â
The surcharge referred to herein shall be removed only upon the following
conditions:
(1)Â
The user utilizing the system executes a grant of inspection to the
Authority; and
(2)Â
The Authority or its authorized agents inspects and/or performs tests
on the building and/or appurtenances connected to the system and determines
that the buildings and/or appurtenances connected to the system are
compliant; or
(3)Â
Under any of these conditions, surcharges will continue to be billed
to the user until the date when the buildings and/or appurtenances
in question are determined to be in compliance.
E.Â
In the event a user is found to be in compliance and subsequent inspections and/or tests determine that noncompliance now exists, the terms and provisions of § 128-15, shall be applicable, except that, in addition to the surcharge being charged in accordance with § 128-15C, if any, the user shall also be liable for the payment of a sum equal to the number of the months since the original determination of compliance was made, multiplied by the monthly surcharge amount provided for in § 128-15C, for knowingly, willfully and/or intentionally creating or permitting such violation to commence and continue. A noncompliance reoccurs when a reconnection of a sump pump or other prohibited connection is discovered with the performance of a subsequent inspection.
In the event a user is found to be in a state of noncompliance of a second or subsequent time, then the user shall be liable for the payment of a sum equal to $1,000 per day, plus an amount equal to the sum of the months since the original noncompliance was corrected (and if never corrected, from the date of such noncompliance determination), multiplied by the monthly surcharge amount provided for in § 128-15A or C, for knowingly, willfully, and/or intentionally permitting such violation to commence and continue.
Any user violating any of the provisions of this article shall
be liable to the Borough and/or the Authority for any expenses, costs,
and fees, including, but not limited to, reasonable attorneys'
fees, occasioned or caused to the Borough by reason of seeking enforcement
of such article against the violator, as well as for any losses or
damages occasioned or caused to the Borough and/or the Authority by
reason of such violation.
The Borough and/or the Authority shall have full power and authority
to invoke any legal, equitable, or special remedy for the enforcement
of this article.
This article shall be deemed supplemental to all other ordinances
and provisions thereof for enforcement and compliance purposes, and
shall not be deemed to amend or rescind said other ordinances and
provisions; further, that any fines, fees, charges, or penalties levied
or imposed pursuant to this article shall be in addition to any fines,
fees, charges, or penalties levied or imposed pursuant to all other
ordinances and provisions thereof.
