[Adopted 11-1-1988 by Ord. No. 39]
Unless the context specifically and clearly
indicates otherwise, the meaning of the terms used in this article
shall be as follows:
Abbottstown-Paradise Joint Sewer Authority, a Pennsylvania
Municipality Authority.
Abbottstown Borough, Adams County, Pennsylvania.
The extension from the sewage drainage system of any structure
to the lateral or service connection of a sewer.
Any property located within Abbottstown Borough, Adams County,
or the Township of Paradise, York County, or the Townships of Berwick
and Hamilton, Adams County, and within the area served by this Authority
upon which there is erected a structure or structures intended for
continuous or periodic habitation, occupancy or use by human beings
or animals and from which structure or structures sewage and/or industrial
wastes shall be or may be discharged.
Any solid, liquid or gaseous substance or form of energy
rejected or escaping in the course of any industrial, manufacturing,
trade or business process or in the course of the development, recovery
or processing of natural resources, as distinct from sewage, excluding
any ground, surface or storm water.
That part of the sewer system extending from a sewer to a
point behind the curbline or, if there shall be no curbline, to a
point behind the curbline projected or property line, road right-of-way
line, sewer right-of-way or easement line.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property located within the area served
by the Authority.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity, public or private.
That portion of, or place in, a sewer, in those cases where
no lateral is provided, which is provided for connection of any building
sewer.
Normal water-carried household and toilet wastes from any
improved property, excluding any ground, surface or storm water.
Any pipe or conduit constituting a part of the sewer system
used or usable for sewage collection purposes.
All facilities, as of any particular time, for collection,
pumping, treating and disposing of sewage and industrial wastes.
Includes any street, road, lane, court, alley and public
square.
Hamilton Township, Adams County, Pennsylvania.
The owner of any improved property situate within
Hamilton Township and within the area served by Abbottstown-Paradise
Joint Sewer Authority, which is accessible to and whose principal
building is within 150 feet from a sewer constituting a part of the
sewer system owned and operated by Abbottstown-Paradise Joint Sewer
Authority, shall connect such improved property with such sewer system,
in such manner as the Authority may require, within 60 days after
notice to such owner from the Authority to make such connection, for
the purpose of discharge of all sewage and, to the extent permitted
by the Authority, industrial wastes from such improved property, subject
to such requirements, limitations, restrictions, rules and regulations,
and subject to the payment of such charges, as shall be established
by said Authority, from time to time, by resolution and/or rules and
regulations adopted pursuant to such resolution; provided, however,
that no new connections to the sewer system shall be required or permitted
unless adequate capacity (not legally committed to other users) exists
in the sewer system to convey and treat the wastes to be contributed
by such new connection.
All sewage and, to the extent permitted by the Authority, industrial wastes from any improved property, after connection of such improved property with a sewer, shall be required under § 103-40 to be discharged into such sewer, subject to such limitations and restrictions as shall be established herein or by the Authority, as aforesaid, from time to time.
No person shall discharge or cause to be discharged
any storm water, surface water, ground water, roof runoff or subsurface
drainage into any sewer.
A.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used and maintained at any time upon any improved property which has been connected to a sewer or which shall be required under § 103-40 to be connected to a sewer, except that with the approval of the Authority such receptacle may continue to be used and maintained solely for the purpose of receiving the discharge of water other than sewage from a basement floor drain and/or other surface of subsurface drainage facility. Under appropriate circumstances, and with the written approval of the Authority, existing septic tanks may continue to be used and maintained for the purpose of receiving the discharge of sewage from existing basement facilities where the sewer provided by the Authority does not permit the discharge of sewage from such facility by gravity and so long as such septic tank is operable and has not malfunctioned.
B.
Every such privy vault, cesspool, sinkhole, septic
tank or similar receptacle in existence shall be abandoned and, at
the discretion of the Authority, shall be cleansed and filled under
the observation of the Authority; and any such privy vault, cesspool,
sinkhole, septic tank or similar receptacle not so abandoned and,
if required by the Authority, not so cleansed and filled, shall constitute
a nuisance and such nuisance may be abated as provided by law, at
the expense of the owner of such improved property.
No privy vault, cesspool, sinkhole, septic tank
or similar receptacle at any time shall be connected to a sewer. No
surface or subsurface drainage facility shall at any time be connected
to a sewer.
The notice by the Authority to make a connection to a sewer, referred to in § 103-40, shall consist of a written or printed document requiring such connection and may be given at any time after a sewer is in place which can receive and convey sewage and, to the extent permitted by the Authority, industrial wastes, for treatment and disposal from the particular improved property. Such notice shall be served upon the owner by the Authority, either by personal service or by certified or registered mail or by such other method as at the time may be provided by law.
No person shall uncover, connect with, make
any opening into or use, alter or disturb in any manner any sewer
or any part of the sewer system without first obtaining a sewer connection
permit, in writing from the Authority.
Application for a permit required under § 103-47 shall be made by the owner of the improved property served or to be served.
No person shall make or cause to be made a connection
of any improved property with a sewer until such person shall have
fulfilled each of the following conditions:
A.
Such person shall have notified the Authority of the
desire and intention to connect such improved property to a sewer.
B.
Such person shall have applied for and obtained a permit as required by § 103-47 of this article and shall have paid all required permit and/or inspection fees.
C.
Such person shall have given the Authority at least
72 hours' notice of the time when such connection will be made so
that the Authority may observe and inspect the work of connection
and necessary testing.
D.
Such person shall have furnished satisfactory evidence
to the Authority that any tapping fee or connection charge imposed
by resolution of the Authority and/or reserve rental charges or fees
imposed by resolution of the Authority against the owner of each improved
property who connects such improved property to a sewer has been paid,
or in those cases where the developer connects the building sewer
into the sewer system and no tapping fee is charged, that all required
permit and/or inspection fees to cover the cost of inspection of each
improved property so connected have been paid, or that adequate bond
or surety has been provided to insure payment thereof.
[Amended 12-3-1996 by Ord. No. 75; 5-6-1997 by Ord. No.
76]
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense. Hamilton Township police
officers, or other appropriate officer(s) of Hamilton Township, shall
have the power to enforce the provisions of this article.
Fines and costs imposed under provisions of
this article shall be enforceable and recoverable in the manner at
the time provided by applicable law.
