[HISTORY: Adopted by the Board of Supervisors of the Township of
North Coventry as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-23-1984 by Ord. No. 71]
The purpose of this article is to establish procedures for the use and
maintenance of sewage holding tanks designed to receive and retain sewage
from residential or commercial uses, and it is hereby declared that the enactment
hereof is necessary for the protection, benefit and preservation of the health,
safety and welfare of the inhabitants of this Township.
Unless the context specifically and clearly indicates otherwise, the
meaning of the following terms used in this article shall be as herein defined:
The Supervisors of North Coventry Township.
A watertight receptacle which receives and retains sewage and is
designed and constructed to facilitate ultimate disposal of the sewage at
another sight. This term is limited to a "retention tank" which is a holding
tank where sewage is conveyed to it by a water carrying system.
Improved property shall mean any property within the Township upon
which there is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure sewage
shall or may be discharged or any property upon which such a structure is
intended to be erected if public sewage disposal is to be available to any
existing or proposed structure within 24 months of date of enactment of this
article, or if public sewage disposal is not to be available within 24 months
of the date of enactment of this article, then the term "improved property"
shall mean any property within the Township upon which there is presently
erected a structure intended for continuous or periodic habitation or commercial
or industrial usage providing said improved property is experiencing a malfunction
of an existing on-lot septic system, which malfunction cannot feasibly be
rectified.
Any person vested with ownership, legal or equitable, sole or partial,
of any property located in this Township.
Any individual, association, public or private corporation for profit
or not for profit, partnership, firm, trust, estate, department, board, bureau
or agency or any other legal entity whatsoever, which is recognized by law
as the subject of rights and duties. Whenever used in any clause prescribing
and imposing a penalty or imposing a fine or imprisonment, the term "person"
shall include the members of an association, partnership or firm and the officers
of any agency or corporation.
Any substance which contains any of the waste products or excrement
or other discharge from the bodies of human beings and any noxious or deleterious
substance being harmful or inimical to the public health or to animal or aquatic
life, or to the use of water for domestic water supply, or for recreation,
or which constitutes sewage or pollution under the Pennsylvania Clean Streams
Law[1] or any other local, state or federal government regulations as
the same now exist or as hereinafter enacted or amended.
The local enforcement officer appointed by the Board who issues and
reviews permit applications and conducts such investigations and inspections
as are necessary to implement this article and the rules and regulations promulgated
hereunder.
A system of piping, tanks or other facilities serving a single lot
and collecting and disposing of sewage in whole or in part into a holding
tank for ultimate conveyance to another site for final disposal.
North Coventry Township, Chester County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
A.
It shall be unlawful for any person to install, operate,
use, alter or maintain a holding tank as part of a sewage system within the
Township without first having been issued a permit by (a) the Board (through
its Sewage Enforcement Officer) and (b) the county and/or state agency having
jurisdiction.
B.
It shall be unlawful for any person to install, operate,
use, alter or maintain a holding tank, the design, operation and maintenance
of which does not comply with each of the requirements of this article, the
regulations promulgated hereunder, and the statutes, rules and regulations
of other state or county regulatory agencies having jurisdiction.
C.
It shall be unlawful for any person to violate any other
provision of this article with respect to the installation, operation, use
or maintenance of a holding tank.
Prior to the installation of a holding tank, the following procedures
shall be required:
A.
Application for a permit to install a holding tank shall
be made to the Board prior to the commencement of construction of any building
on the improved lot which the holding tank proposes to serve, or, in the event
of existing construction, prior to the installation of any such holding tank.
B.
The application shall contain the following information:
(1)
A copy of the permit application filed with the Pennsylvania
Department of Environmental Protection and/or the Chester County Health Department,
as applicable, including all such information required by the Pennsylvania
Sewage Facilities Act Application for Sewage Disposal Systems form ER-BCE-128,
or equivalent.
(2)
A schematic plan of the proposed installation, including
the tank design and capacity and all appurtenances to the tank, including
the proposed sewage system.
(3)
A specific description of the proposed sewage system
to which the holding tank is to be connected.
(4)
A copy of the holding tank manufacturer's specifications
for the tank.
(6)
A description of the maintenance control and disposal
plan proposed by the owner to service the holding tank, including a copy of
the maintenance contract.
(7)
A plot plan of the property showing the location of the
buildings of the proposed buildings and the location of the holding tank.
(8)
A description of the zoning district in which the property
is located.
(9)
A description of the proposed use and the maximum number
of people the holding tank will serve.
(11)
A specific description, including a schematic drawing, of the proposed backup system required by § 289-16.
(12)
If used, a copy of the permit granted by the Pennsylvania
Department of Environmental Protection and/or the Chester County Health Department
for use of the holding tank on the property.
(13)
A copy of the written contract with a licensed sewage
contractor for the collection, transportation and disposal of the contents
of the proposed holding tank.
C.
If the Sewage Enforcement Officer determines that an
application is incomplete, or such Officer is unable to verify the information
submitted, the applicant shall be notified in writing within 10 working days
and the time for acting thereon shall be extended 15 working days beyond the
date of receipt of adequate supplementary or amendatory data.
A.
Prior to the issuance of any holding tank permit, the
Sewage Enforcement Officer shall:
(1)
Inspect the property;
(3)
Determine that the proposed holding tank and the sewage
system meet the requirements of this article and all regulations promulgated
hereunder;
(4)
Secure deposit by the owner with the Township of the
required security escrow for maintenance of the holding tank;
(5)
Determine compliance by the applicant with any and all
requirements of the Pennsylvania Department of Environmental Protection and/or
the Chester County Health Department;
(6)
Secure a copy of the permit for the holding tank issued
by either of the latter two agencies.
B.
No application for a sewage holding tank permit shall
be acted upon or processed by the Sewage Enforcement Officer unless accompanied
by the required permit application fee established by resolution of the Board.
C.
Upon determination by the Sewage Enforcement Officer
that all requirements of this article have been met by the owner, he shall
issue a provisional holding tank permit to and in the name of the owner. Such
permit shall be valid for a maximum period of 90 days from the date of issue,
shall not be transferable and shall authorize only the installation, hookup
and startup of the holding tank and the sewage system attached thereto.
D.
Provisional permits shall be issued or denied by the
Sewage Enforcement Officer in writing within 14 working days after receipt
of the required permit application fee and the completed application for the
permit. Provided, however, no provisional permit shall be issued under any
circumstances unless and until the holding tank has been approved by the Pennsylvania
Department of Environmental Protection and/or the Chester County Health Department
by issuance of a permit.
E.
Upon completion of the installation, hookup and startup
of the holding tank to the sewage system, the owner shall, not later than
48 hours thereafter, deliver to the Sewage Enforcement Officer the completed
work order or other written proof demonstrating completion of such installation.
It shall be the responsibility of the owner to verify that such notice has
actually been received by the Sewage Enforcement Officer. Failure of the owner
to so comply or to operate the holding tank or sewage system pursuant to the
provisional permit shall work an automatic revocation of the provisional permit,
shall serve as the Sewage Enforcement Officer's authority to cause an
immediate disconnection of the holding tank and a shutdown of the sewage system,
and shall subject the owner to prosecution under the penalty provisions of
this article.
F.
No part of any installation, including the holding tank,
shall be covered until it is inspected and given final written approval by
the Sewage Enforcement Officer.
G.
Within 72 hours of receipt by the Sewage Enforcement Officer of a notice required by Subsection E of this section, he shall inspect the holding tank and the sewage system installation and all appurtenances thereto, and if the same complies with this article, he shall forthwith issue to the owner a certificate of approval which shall bear the date and the signature of the Sewage Enforcement Officer, and shall be firmly affixed to and thereafter maintained as a part of the holding tank. A copy of the certificate shall be filed with the Secretary of the Township, and upon such approval the owner is authorized to operate the sewage system and the holding tank. The Board shall issue a final permit to the owner within 30 days thereafter.
H.
When any initial or subsequent inspection by the Sewage
Enforcement Officer reveals that the installation of the holding tank or appurtenant
system differs from the information and representation set forth in the application,
any provisional permit, certificate of approval or final permit shall be revoked
by the Sewage Enforcement Officer or the authority as applicable, and no further
construction or operation of the holding tank or the appurtenant sewer system
shall take place until the certificate of approval has been reinstated and
the permit approved for reissuance.
A.
Holding tanks authorized by this article shall meet, as a minimum, the design standards set forth in Title 25, Rules and Regulations, Part I, Department of Environmental Protection, Subpart C, Article I, Chapter 73, Standards for Sewage Disposal Facilities, Subsection 73.62.
B.
The holding tank shall be large enough to hold a minimum
of three days' sewage from the residential or commercial use situated on the
improved property, but shall have a minimum capacity of 1,000 gallons or a
volume equal to the quantity of waste generated in three days, whichever is
larger, with the maximum capacity not to exceed 5,000 gallons.
C.
The holding tank shall be equipped with a warning device
to indicate when the tank is filled to within 75% of its capacity. Such device
shall create an audible and visual signal at the location frequented by the
improved property owner.
A.
No improved property owner utilizing a holding tank shall
permit the tank to overflow or to reach more than 90% of capacity without
arranging for disposal of the contents thereof as required by this article.
In addition to the sanctions imposed by this article for violation, any overflow
or allowance of such excess capacity shall result in (1) automatic revocation
of the certificate of approval and the permit and (2) forfeiture of the maintenance
escrow deposit lodged with the Board. The Board is hereby authorized to expend
so much of the escrow deposit, at any time, as may be required to dispose
of the holding tank's contents. Within 10 days after such expenditure,
the owner shall replace such expended security by redepositing the same with
the Board. The holding tank permit shall not be reissued unless and until
the security is fully refunded by the owner.
B.
During the period of installation and operation of the
holding tank, the owner shall maintain in full force and effect (1) the required
maintenance escrow deposit and (2) the required disposal contract, and shall
promptly renew or replace any such contract which has expired or is otherwise
terminated.
C.
The owner shall maintain the holding tank and attached
sewage system in a fully operational condition at all times, and shall repair,
replace or enlarge, as required, any worn or defective parts, including the
holding tank, or when ordered by the Sewage Enforcement Officer to do so.
D.
It shall be the responsibility of the owner to forthwith
make any corrections, improvements or replacements to the holding tank or
the sewage system ordered by the Sewage Enforcement Officer and determined
by him to be necessary for its safe operation in accordance with its design
and purpose.
Use of holding tanks within this Township are restricted to:
A.
Those cases in which the Department of Environmental
Protection or the Chester County Health Department determines that such holding
tank use is necessary to abate a nuisance or a public health hazard; or
B.
Emergency use when no other Department of Environmental
Protection or Chester County Health Department approved sewage disposal system
can be installed upon the property because of physical restrictions peculiar
to the property.
A.
Sewage permits, other than provisional permits, issued
pursuant hereto are valid for a maximum period of two years.
B.
No such holding tank permit may be renewed unless the
applicant can demonstrate the continuing physical restrictions related to
the property that preclude installation of a permanent sewage system.
C.
Reissued permits shall be valid for a period not to exceed two years, subject to the above procedure, and may be renewed for subsequent two-year periods upon demonstration of renewal eligibility subject to Subsection B hereof.
D.
Notwithstanding the above, holding tanks are declared
to be temporary facilities, and their use shall be discontinued and any permit
issued therefore may be revoked as soon as other appropriate means of collection,
treatment and/or disposal are available to the occupied lands served thereby.
Prior to the issuance of any certificate of approval or permit hereunder,
the owner shall file with the Board a copy of the maintenance contract in
which the owner has contracted with a licensed sewage disposal hauler to remove
the contents of the holding tank for purposes of disposing of the sewage at
another site within the time and in the manner prescribed by this article
and the regulations of any other regulatory authority having jurisdiction.
Such contract shall be renewed or replaced and kept in full force and effect
during the entire period in which a holding tank is utilized on the improved
property. Failure to maintain such a contract shall cause an immediate revocation
of the holding tank permit.
A.
Prior to the issuance of the provisional holding tank
permit, the owner shall deposit with the Board financial security equal to
100% of the cost of the holding tank and its appurtenances, together with
an additional sum equal to the cost for cleaning the holding tank for a period
of not less than six months. The purpose of this escrow deposit, which shall
be renewable from year to year, is to indemnify the Board against all costs
and expenses which the Board may incur by reason of the failure of the improved
property owner to maintain the holding tank in a fully operational condition
or to dispose of the holding tank's contents in accordance with the requirements
of this article. The form and type of financial security shall be approved
by the Township Solicitor, and may be either a federal or commonwealth chartered
lending institution irrevocable letter of credit or a cash escrow account
in such lending institution, deposited in the name of the authority in an
interest bearing account. So long as the owner is in compliance with the requirements
of this article, interest earned on the account shall be payable to the owner
at least annually.
B.
The amount of the required deposit shall be established
by submission to the Board of bona fide proof of the cost of the holding tank
and its installation or, in the absence of such bona fide proof, at the Board's
discretion, the cost thereof shall be established by estimate prepared by
the Township Engineer. The Board may require an increase in the amount of
deposit upon and before any permit renewal to compensate for a decrease in
the value of the deposit occasioned by inflation, and in the specific percentage
amount by which such value has been decreased thereby.
C.
The Township may expend all or any part of such security deposit for those purposes set forth in the foregoing subsections of this section. Upon expenditure by the Board of any portion of such deposit, the owner shall be required to immediately refund the security deposit as required by § 289-7 hereof.
D.
In the event of a cash escrow deposit, the owner shall
execute the standard Township escrow agreement for such purpose.
A.
The Sewage Enforcement Officer shall make all of the
required inspections, and may, with approval of the Board, engage such expert
opinion as may be deemed necessary to report upon unusual technical issues
which may arise.
B.
The Sewage Enforcement Officer or his designated representative,
or both, shall have the authority at any time to enter upon the premises of
the improved property owner to inspect the holding tank, the sewage system
and its appurtenances or the site of any such proposed holding tank, sewage
system or its appurtenances. Failure of the owner to permit inspection at
reasonable hours, and in the case of emergency, at any time, shall result
in an immediate revocation of any certificate of approval or permit issued
under the authority of this article.
A.
The Sewage Enforcement Officer shall issue a cease and
desist order to the owner whenever he determines that any violation of this
article has occurred. Within 48 hours of receipt of such cease and desist
order, the owner shall correct the cited violation, and shall cease and desist
from the conduct proscribed by such order. Failure to comply within such time
period shall result in revocation of any certificate of approval or permit
previously issued.
B.
Failure to comply with a cease and desist order within the time designated hereinabove shall subject the owner to the penalty provisions of § 289-18 hereof. Provided, however, the issuance of a cease and desist order shall not be a condition precedent to a prosecution for a violation of this article.
C.
In addition to any other remedies provided herein, a
violation of any provision of this article, or any rule or regulation promulgated
under the authority hereof, shall constitute a nuisance and shall be subject
to abatement by the Board by appropriate equitable or legal relief from a
court of competent jurisdiction.
A.
Any person aggrieved by action of the Sewage Enforcement
Officer may, within 14 days of receipt of notice of such action, request in
writing a hearing before the Board.
B.
All permit revocations provided herein shall be provisional
and shall become final only after written notice and 10 days' opportunity
to request a hearing have been granted to the owner. The Board shall hold
a hearing within 15 days after receipt of such request, and the Department
of Environmental Protection and the Chester County Health Department shall
be notified of the hearing by the authority.
The Board may, from time to time, adopt such rules, regulations, standards
and procedures as shall be determined necessary in order to properly administer
the provisions of this article. Provided, however, no such rule or regulation,
standard or procedure shall be adopted if the same is inconsistent with any
Pennsylvania statute or rule or regulation promulgated thereunder. Upon such
promulgation by the Board, the same shall become fully enforceable under the
Board of this article.
Each holding tank disposal sewage system shall, in its design and plan,
provide for a viable backup system that can be installed and implemented if
the tank becomes inoperative. Such system shall be capable of implementation
within 72 hours after the tank becomes inoperative.
In addition to the grounds for revocation detailed hereinabove, a certificate
of approval, provisional permit or final permit shall be revoked by the Board
or the Sewage Enforcement Officer for any one or more of the following reasons:
A.
When any change which has occurred in physical conditions
of any improved property will materially affect the operation of the sewage
system or the disposal system covered by the permit issued by the Board; or
B.
When one or more test material to the issuance of the
permit have not been properly conducted; or
C.
When information material to the issuance of the certificate
or permit have been falsified; or
D.
If the owner fails to file a request for a hearing in
accordance with the requirements hereinabove, the revocation shall be effective
and final.
Any person who violates or permits a violation of this article shall,
upon being found liable therefor in a civil enforcement proceeding commenced
by the Township before a Magisterial District Judge, pay a fine of not more
than $600, plus all court costs, including reasonable attorney's fees, incurred
by the Township in the enforcement of this article. No judgment shall be imposed
until the date of the determination of the violation by the Magisterial District
Judge. If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment pursuant to the applicable Rules of Civil
Procedure. Each day a violation exists shall constitute a separate offense.
Further, the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance herewith.
[Adopted 2-9-1998 by Ord. No. 106]
A.
AUTHORITY
BUILDING SEWER
COMMONWEALTH
IMPROVED PROPERTY
INDUSTRIAL ESTABLISHMENT
INDUSTRIAL WASTES
LATERAL
OWNER
PERSON
SANITARY SEWAGE
SEWER
SEWER SYSTEM
STREET
TOWNSHIP
Unless the context specifically and clearly indicates
otherwise, the meaning of terms and phrases used in this article shall be
as follows:
North Coventry Municipal Authority, a municipality authority incorporated
pursuant to provisions of the Municipality Authorities Act of 1945,[1] approved May 2, 1945, P.L. 382, as amended and supplemented, of
the Commonwealth.
The extension from the sewage drainage system of any structure to
the lateral of a sewer.
The Commonwealth of Pennsylvania.
Any property within this Township upon which there is erected a structure
intended for continuous or periodic habitation, occupancy or use by human
beings or animals and from which structure sanitary sewage and/or industrial
wastes shall be or may be discharged.
Any improved property located in this Township and used or intended
for use, wholly or in part, for the manufacturing, processing, cleaning, laundering
or assembling of any product, commodity or article, or any other improved
property located in this Township, from which wastes, in addition to or other
than sanitary sewage, shall be discharged.
Any and all wastes discharged from an industrial establishment, other
than sanitary sewage.
That part of the sewer system extending from a sewer to the curbline
or, if there shall be no curbline, to the property line or, if no such lateral
shall be provided, then "lateral" shall mean that portion of, or place in,
a sewer that is provided for connection of any building sewer.
Any person vested with ownership, legal or equitable, sole or partial,
of any improved property.
Any individual, partnership, company, association, society, trust,
corporation, municipality, municipality authority or other group or entity.
Normal water-carried household and toilet wastes from any improved
property.
Any pipe or conduit constituting a part of the sewer system and used
or usable for sewage collection purposes.
All facilities, as of any particular time, for collecting, transmitting,
treating or disposing of sanitary sewage and/or industrial wastes, situate
in or about this Township, and owned by the authority.
Includes any street, road, lane, court, cul-de-sac, alley, public
way or public square.
The Township of North Coventry, Chester County, Pennsylvania, a political
subdivision of the commonwealth, acting by and through its Board of Supervisors
or, in appropriate cases, acting by and through its authorized representatives.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
A.
The owner of any improved property which is located in
this Township and which is adjoining and adjacent to the sewer system of the
Authority shall connect such improved property with such sewer, in such manner
as the Authority may require, within 60 days after notice to such owner from
this Township, or from the Authority on its behalf, to make such connection,
for the purpose of discharging all sanitary sewage and industrial wastes from
such improved property; subject, however, to such limitations and restrictions
as shall be established herein or otherwise shall be established by the Authority,
from time to time.
B.
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under Subsection A, shall be conducted into such sewer; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by the Authority, from time to time.
C.
D.
Use of privy vault, cesspool, sinkhole, septic tank or
similar receptacle.
(1)
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon any improved property that has been connected to a sewer or that shall be required under Subsection A to be connected to a sewer.
(2)
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 shall be filled, at the expense of
the owner of such improved property, unless otherwise provided for by the
Authority, under the direction and supervision 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 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.
E.
No privy vault, cesspool, sinkhole, septic tank or similar
receptacle at any time shall be connected with a sewer.
F.
The notice by this Township, or the Authority on its behalf, to make a connection to a sewer, referred to in Subsection A, shall include a reference to this article in a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within 60 days from the date such notice is given or served. Such notice may be given or served at any time after a sewer is in place that can receive and can convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be given or served to the owner in accordance with law.
A.
No person shall uncover, shall connect with, shall make
any opening into or shall use, shall alter or shall disturb, in any manner,
any sewer or any part of the sewer system without first obtaining a permit,
in writing, from the Authority.
B.
Application for a permit required under Subsection A shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
C.
No person shall make or shall cause to be made a connection
of any improved property with a sewer until such person shall have fulfilled
each of the following conditions:
(1)
Such person shall have notified the designated representative
of the Authority of the desire and intention to connect such improved property
to a sewer;
(2)
Such person shall have applied for and shall have obtained a connection permit as required by Subsection A;
(3)
Such person shall have given such designated representative
of the Authority at least 48 hours' notice of the time when such connection
will be made so that the Authority may supervise and inspect or may cause
to be supervised and inspected the work of connection and necessary testing;
and
(4)
If applicable, such person shall have furnished satisfactory
evidence to such designated representative of the Authority that any fee charged
and imposed by the Authority against the owner of each improved property who
connects such improved property to a sewer has been paid.
D.
Except as otherwise provided in this subsection, each
improved property shall be connected separately and independently with a sewer
through a building sewer. Grouping of more than one improved property, or
more than one structure discharging sewage on a single improved property,
on one building sewer shall not be permitted, except under special circumstances
and for good sanitary reasons or other good cause shown, but then only after
special permission of the Authority, in writing, shall have been secured and
only subject to such rules, regulations and conditions as may be prescribed
by the Authority.
E.
All costs and expenses of construction of a building
sewer and all costs and expenses of connection of a building sewer to a sewer
shall be borne by the owner of the improved property to be connected; and
such owner shall indemnify and shall save harmless this Township and the Authority
from all loss or damage that may be occasioned, directly or indirectly, as
a result of construction of a building sewer or of connection of a building
sewer to a sewer.
F.
Placement of connections.
(1)
A building sewer shall be connected to a sewer at the
place designated by the Authority and where, if applicable, the lateral is
provided.
(2)
The invert of a building sewer at the point of connection
shall be at the same or a higher elevation than the invert of the sewer. A
smooth, neat joint shall be made and the connection of a building sewer to
the lateral shall be made secure and watertight.
G.
If the owner of any improved property which is located within this Township and which is adjoining or adjacent to the sewer system, or whose principal building is within 150 feet from a sewer, after 60 days notice, either by personal service or by registered or certified mail, from this Township or the Authority, requiring the connection of such improved property with a sewer, in accordance with § 289-20A, shall fail to connect such improved property and use the sewer system, as required, this Township, or the Authority on its behalf, may make such connection and may collect from such owner the costs and expenses thereof in the manner permitted by law.
A.
Where an improved property, at the time connection to
a sewer is required, shall be served by its own sewage disposal system or
sewage disposal device, the existing house sewer line shall be broken on the
structure side of such sewage disposal system or sewage disposal device and
attachment shall be made, with proper fittings, to continue such house sewer
line as a building sewer.
B.
No building sewer shall be covered until it has been
inspected and approved by the Authority. If any part of a building sewer is
covered before so being inspected and approved, it shall be uncovered for
inspection at the cost and expense of the owner of the improved property to
be connected to a sewer.
C.
Every building sewer of any improved property shall be
maintained in a sanitary and safe operating condition by the owner of such
improved property.
D.
Every excavation for a building sewer shall be guarded
adequately with barricades and lights to protect all persons from damage and
injury. Any street, sidewalk and other property disturbed in the course of
installation of a building sewer shall be restored, at the cost and expense
of the owner of the improved property being connected, in a manner satisfactory
to the Authority.
E.
If any person shall fail or shall refuse, upon receipt
of a written notice of the Authority, to remedy any unsatisfactory condition
with respect to a building sewer within 60 days of receipt of such notice,
the Authority may refuse to permit such person to discharge sanitary sewage
and industrial wastes into the sewer system until such unsatisfactory condition
shall have been remedied to the satisfaction of the Authority.
F.
This Township reserves the right to adopt, from time
to time, additional rules and regulations as it shall deem necessary and proper
relating to connections with a sewer and with the sewer system, which additional
rules and regulations, to the extent appropriate, shall be and shall be construed
as part of this article.
A.
Any person who violates or permits a violation of this
article, shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge 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. [1]
B.
Penalties, fines and costs imposed under provisions of
this article shall be enforceable and recoverable in the manner at the time
provided by applicable law.
It is declared that enactment of this article is necessary for the protection,
benefit and preservation of the health, safety and welfare of inhabitants
of this Township.
