[Adopted 8-12-1996 by Ord.
No. 352]
The Borough hereby designates the McCandless Township Sanitary Authority, its officers, employees and agents, as an agency authorized by the Borough to identify, report, and require disconnection of any illegal stormwater or surface water connection made, at any time prior to or from the effective date of this article, to the McCandless Township Sanitary Authority sewer system or other public sewer system, and for such purposes the McCandless Township Sanitary Authority is authorized to enforce, consistent with the ordinances in effect within the Borough, the provisions of this article and Article II, Sewer Connections, of this chapter, with respect to illegal stormwater and surface water connections to the McCandless Township Sanitary Authority sewer system. The McCandless Township Sanitary Authority shall report to the Borough all enforcement measures undertaken within the Borough pursuant to all ordinances concurrently with undertaking such enforcement action.
The McCandless Township Sanitary Authority is authorized in the course
of its program or repair, rehabilitation, maintenance and replacement of publicly
owned treatment works of the Authority, when it identifies deteriorating or
poorly constructed sewer service connections, to provide written notice to
the property owner or owners as to the condition of such sewer service connections,
together with a recommendation that such deteriorating or poorly constructed
sewer service connections should, at the property owner's expense, be repaired,
replaced, or rehabilitated. The McCandless Township Sanitary Authority shall
have no power to require such repair, replacement or rehabilitation by any
private property owner situated within the Borough, but shall be entitled
to maintain a record of such findings with respect to deteriorating or poorly
constructed sewer service connections for compliance programs of the Authority
or otherwise. A copy of all written reports prepared by the Authority in connection
with its examination of deteriorating or poorly constructed sewer service
connections shall be provided to the Borough.
The McCandless Township Sanitary Authority, in performing the duties
and undertaking the programs identified in this article, shall not be empowered
to enter into any private residence or other structure or on any private property
or properties, without express prior permission of the property owner, for
the purpose of obtaining information and/or enforcing this article and shall
have only those powers expressly set forth in this article and in other ordinances
of the Borough to perform its functions consistent with such ordinances.
The powers conferred by the within article to the Borough and the McCandless
Township Sanitary Authority shall be in addition to and not in substitution
for any other powers conferred upon such Authority and Bradford Woods Borough
to enforce and require the elimination of illegal stormwater and surface water
connections to the McCandless Township Sanitary Authority sewer system and
other public sewer systems maintained within the borders of the Borough.
Nothing in this article shall limit, in any fashion whatsoever, the
Borough's or Authority's right to enforce ordinances or the laws of the Commonwealth
of Pennsylvania. Nothing in this article shall be a defense to any citation
issued by any municipal corporation or the commonwealth pursuant to any other
law or ordinance.
Any person, firm or corporation who shall violate any provision of this
article shall, upon conviction before the District Justice having jurisdiction
thereof, be sentenced to pay a fine of not more than $1,000, plus costs of
prosecution, and, in default of payment of such fine and costs, be subject
to imprisonment for not more than 30 days.
