[Adopted 6-7-2010 by Ord. No. 318]
Unless the context specifically and clearly declares otherwise,
the meaning of terms and phrases used in this article shall be as
follows:
The Act of 1990, P.L. 1227,[1] setting and establishing connection and tapping fees for
municipal sanitary sewer systems.
The Pegasus Sewer Authority (PSA), or any other authority
empowered by agreement with the Pegasus Sewer Authority or the municipality
to operate the sewer system or parts thereof.
The privately owned extension from the sewage drainage system
of any structure to the lateral of a sewer.
The complete construction and installation of a building
sewer in compliance with all municipality and Authority requirements.
The average amount of sewage flow expected to be generated
by a single-family dwelling.
Any property within this municipality that is located within
the Richland-Township-approved service area for the Pegasus Sewer
Authority and upon which there is erected a structure intended for
continuous or periodic habitation, occupancy or use by human beings
or animals (excepting only farm structures without plumbing facilities
which have manure management plans approved by the Cambria County
Conservation District or other local or state agency having jurisdiction)
and from which structure sewage and/or industrial waste shall or may
be discharged.
Any property located in this municipality 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 property located in this municipality 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.
Surface water and/or groundwater which enters the sewer system
by any means. This article expressly prohibits any person from causing,
allowing or permitting any quantity of inflow and infiltration to
enter the sewer system.
The publicly owned portion of the sewer system, extending
from a sewer to the property line, to a point designated by the municipality
or Authority, or, if no such lateral shall be provided, the "lateral"
shall mean that portion of or place in a sewer which is provided for
connection of any building sewer.
The Township of Richland.
Any person vested with ownership, legal or equitable, sole
or partial, of any property.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity.
Normal water-carried household and toilet wastes from any
property.
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 collecting,
pumping, transporting, treating, and disposing of sanitary sewage
and/or industrial wastes situate in or adjacent to this municipality
and owned by the Authority.
A sewer that provides collection but no treatment; not specifically
owned by the Authority.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
A.
All persons in the municipality owning improved property which is adjoining and adjacent to the sewer system are hereby required to connect with and use said sewer system. Failure to connect within 60 days after written notice to do so has been provided as defined herein in § 198-69.3 shall be a violation of this article. Said connection shall be at the sole cost of the owner.
B.
Any person who cannot comply with the above requirements due to causes
beyond his or her control shall apply to the municipality or Authority
within said sixty-day period for a time extension not to exceed six
months' duration. Said application shall be made on a form furnished
by the municipality or the Authority and shall contain an agreement
whereby the applicant voluntarily commences payment of the regular
monthly sewer rates immediately, even though actual connection to
the sewer system will not be accomplished until some later date within
said six-month extension period.
In addition to any other remedies provided herein, should any
adjoining or adjacent owners or persons whose principal building is
within 150 feet from the sewer system fail to connect with and use
the sewer system within a period of 60 days after written notice to
do so has been served by the Township or the Authority, either by
personal service or certified mail, the Township, the Authority, or
their designated agent may enter the property and construct the building
sewer. In such case, the Township or Authority shall send an itemized
bill of the cost of construction to the owner of the property to which
the connection has been made, which bill is payable immediately. If
the owner fails to pay the bill within 30 days, the Township or the
Authority shall, within six months of the date of completion of the
connection, file a municipal lien for the cost of construction, a
10% surcharge thereon, and applicable interest penalties and costs
authorized by statute.
It shall be unlawful for any owner or occupier of any property
adjoining or adjacent to the sewer system to employ any means for
disposal of acceptable sanitary sewage (as determined by the Authority's
rules and regulations) other than into and through the sewer system.
No privies, cesspools, sinkholes, septic tanks or other receptacles
for human excrement shall at the present time or any time in the future
be connected with the sewer system.
No person, firm or corporation shall connect to the sewer system
until the following has been complied with:
A.
Application shall be made to the Authority, as the municipality's
agent, upon a form supplied by the Authority for permission to connect
to the sewer system. A separate application form must be completed
for each individual unit intended to be provided sewer service, and
said application(s) shall fully describe the character and use of
each unit
B.
Payment of the Act 203 fee imposed by the Authority shall be made
by the owner for each equivalent dwelling unit to be connected to
the sewer system at the time of making application therefor. The method
of determining an EDU and the calculation of multiple EDU's is covered
by the rules and regulations of the Authority.
C.
No work shall be done prior to the payment of said fee(s) and until
the applicant has familiarized himself/herself with the Authority's
rules and regulations relating to completion of an acceptable building
sewer, including but not limited to materials, fittings, installation,
backfilling, inspection and testing, particularly as the construction
relates to the elimination of inflow and infiltration.
D.
At least 24 hours' notice of the time when a connection is to be
made shall be given to an inspector designated by the municipality
or the Authority so that said inspector can be present to inspect
the building sewer line. Such inspection shall include witnessing
the testing as required by the Authority's rules and regulations,
as performed by the applicant, and determining that the building sewer
complies with all requirements as to the proper construction and elimination
of all sources of inflow and infiltration. If the building sewer passes
all tests, the inspector shall signify his or her approval by endorsing
his or her name and the date of approval on the application in the
possession of the owner or occupier. Said application shall contain
language that the owner understands the requirement of elimination
and exclusion of inflow and infiltration, and thereafter will not
make any modifications to the plumbing and drainage without the knowledge,
inspection and approval of the Authority.
E.
At the time of inspection, the inspector shall be permitted complete access to all sanitary and drainage arrangements and facilities in each building and in and about all parts of the property in order to determine the nature and extent of the piping network to be connected to the Authority's sewer system. No preexisting sewer drainage piping may be connected to the applicant's new building sewer until such preexisting piping has passed the required tests as specified in Subsection F and the rules and regulations of the Authority. No building sewer line shall be backfilled, or in any manner concealed, until after approval by the inspector.
F.
Testing requirements must meet or exceed those as contained in the
most current edition of the International Plumbing Code or successor
codes.
G.
No approved sewer may be extended, altered, repaired, replaced, and/or
tampered with in any way without notice to the Authority. Subsequent
to any alteration of any sewer connection, retesting, in accordance
with the Authority's rules and regulations, is required, in addition,
retesting to insure continued compliance with the rules and regulations
shall be performed at any time necessary based upon inspections by
the Authority or municipality.
The construction of all building sewer lines to the lateral
of the sewer system shall be done at the sole expense of the owner.
Said construction shall be done to eliminate all sources of I &
I in accordance with the specifications, plans and procedures established
by the municipality and the Authority as set forth in the Authority's
Sewer System rules and regulations, as the same may from time to time
be published and amended, copies of which, upon adoption, shall be
maintained on file with the Municipal Secretary and the Authority.
It shall be unlawful for any person, firm or corporation connected
to the sewer system to connect any roof drain thereto or permit any
roof drain to remain connected thereto or to permit, allow or cause
to enter into said sewer system any stormwater, foundation water,
springwater, surface water, any unacceptable sewage or industrial
waste (as determined by the Authority's rules and regulations), or
any sewage or industrial waste from any property, building or unit
other than that for which an application has been made.
A.
In addition to any penalty hereinabove prescribed, any person or
persons failing to make a proper connection within the time specified
after due notice shall be subject to prosecution in accordance with
the Pennsylvania Rules of Criminal Procedure for the enforcement of
summary offenses. Upon conviction of same, said person shall pay a
fine not to exceed $1,000 and may be imprisoned in the Cambria County
Jail for a period not to exceed 90 days. Each day or portion thereof
for which said violation is found to exist shall constitute a separate
offense hereunder.
B.
Any person or persons violating any other provision of this article
(other than a failure to connect) shall be prosecuted as hereinbefore
set forth and, upon conviction, shall pay a fine not to exceed $300
and may be imprisoned for a period not to exceed 30 days in the Cambria
County Jail. Each day or portion thereof for which said violation
is found to exist shall constitute a separate offense hereunder.
C.
For purposes of enforcement of this article, the Authority is hereby
empowered to make the initial determination of article violation and
is similarly empowered to serve the notice of violation. The Authority,
as agent for the Township, is empowered to bring an action in equity
to obtain compliance with any portion of this article, which remedy
is in addition to all other remedies set forth herein.
