[Ord. 1326-06, 12/11/2006, § 1]
The following definitions shall apply to this Part:
The Pennsylvania Safe Drinking Water Act, 35 P.S. §§ 721.1
through 721.17.
The Gettysburg Municipal Authority, a municipal authority
organized and operating pursuant to the Pennsylvania Municipalities
Authorities Act.
The Borough of Gettysburg, Adams County, Pennsylvania, a
municipal corporation of the Commonwealth, acting by and through its
Borough Council or, in appropriate cases, acting by and through its
authorized representatives.
The Commonwealth of Pennsylvania.
In a reference herein a use or an application of water intended
for or available for human ingestion, for handling of, preparation
of, cooking or incorporation into food or other substances intended
for human ingestion, for human washing or bathing, for washing, cleaning,
handling or use in connection with dishes, kitchen utensils, clothing
or other articles or property intended for human use or adornment,
for human toilet needs including for use in sanitary sewage facilities
or for any other type of human consumption or other type of domestic
use; provided, however, the term "human consumption or domestic use"
shall not mean, in a reference herein, to a use or application of
water or to facilities providing or conduction water, water or facilities
where the water is used:
Any property within the Borough upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings.
That part of the water system extending from a water main
to the curbline or, if there shall be no curbline, to the property
line or if such lateral shall be provided, then "lateral" shall mean
that portion of, or place in, a water main which is provided for connection
of any service line.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, copartnership, firm, company,
limited liability company, corporation, association, joint-stock company,
trust, estate, political subdivision, or any other legal entity, or
their legal representatives, agents or assigns.
The extension from a lateral to any structure, excluding
water meters.
Any street, road, lane, court, cul-de-sac, alley, public
way or public square.
Any pipe or conduit consisting of a part of the water system
used or usable for water transmissions or distribution purposes.
All facilities including water meters, as of any particular
time, for supplying, storing, transporting and distributing water
situate in or adjacent to the Borough and owned by the Authority.
[Ord. 1326-06, 12/11/2006, § 2]
The Borough Council of the Borough of Gettysburg hereby elects
to administer and enforce the provisions of the Act, as amended from
time to time, as it pertains to the use of groundwater as a water
supply for human consumption or domestic use by the installation or
use of water supply wells or by any other method. The Borough Council
of the Borough of Gettysburg hereby mandates the use of the public
water system for the provision of water for human consumption or domestic
use.
[Ord. 1326-06, 12/11/2006, § 3]
The use of, or attempted use of, groundwater from within the
corporate limits of the Borough, for any purpose, by the installation
or drilling of wells or by any other method, is hereby prohibited.
[Ord. 1326-06, 12/11/2006, § 4]
1.
The owner of any improved property abutting upon any street in which
there is a water main shall connect such improved property with such
water main, in such manner as the Borough may require, within 45 days
after notice to such owner from the Borough to make such connection
for the purpose of conducting water to such improved property; subject,
however, to such limitations and restrictions as shall be established
herein or otherwise shall be established by the Borough, from time
to time.
2.
After connection of such improved property with a water main shall
be required under § 26-104.1, all water to be furnished
to or used upon such improved property for human consumption or domestic
use shall be provided by and shall be conducted to such improved property
by the water system; subject, however, to limitations and restrictions
as shall be established herein or otherwise shall be established by
the Borough, from time to time.
3.
No person shall use or provide water for human consumption or domestic
use other than water from the water system with the Borough in violation
of § 26-104.1. No private water wells, sources or systems
shall be connected to plumbing or any improved property supplying
water for human consumption or domestic use.
4.
No water well, source or system shall be used or shall be maintained
at any time for purposes of providing water for human consumption
or domestic use upon any improved property which has been connected
to a water main or which shall be required under § 26-104.1
to be connected to a water main; provided, however, private water
wells, sources and systems may be maintained and used for purposes
other than supplying water for human consumption or domestic use.
5.
The notice by the Borough to make a connection to a water main, referred
to in § 26-104.1 shall consist of a copy of this Part, including
any amendments and/or supplements at the time in effect, or a summary
of each section thereof and a written or printed document requiring
the connection in accordance with the provisions of this Part and
specifying that such connection shall be made within 45 days from
the date such notice is given. Such notice may be given at any time
when a water main is in place which can furnish and supply water to
the particular improved property. Such notice shall be served upon
the owner in accordance with law.
[Ord. 1326-06, 12/11/2006, § 5]
If the owner of any improved property abutting upon a street
in which there is a water main, after 45 days from the Borough or
the Authority requiring the connection of such improved property with
a water main, in accordance with § 26-104.1, shall fail
to connect such improved property, as required, the Borough may make
such connection and may collect from such owner the costs and expenses
thereof by a municipal claim, an action in assumpsit or such other
legal proceedings as may be permitted by law.
[Ord. 1326-06, 12/11/2006, § 6]
1.
Where an improved property, at the time connection to a water main
is required, shall be served by its own water well, source or system,
the existing plumbing supplying water for human consumption or domestic
use shall be disconnected from such water well, source or system and
attachment shall be made, with proper fittings, by way of a service
line to such water main.
2.
If any person shall fail or shall refuse, upon receipt of a notice
of the Borough or the Authority in writing, to remedy any unsatisfactory
condition with respect to a service line within 45 days of receipt
of such notice, the Borough may refuse to permit such person to conduct
water to such improved property until such unsatisfactory condition
shall have been remedied to the satisfaction of the Borough.
[Ord. 1326-06, 12/11/2006, § 7]
This Part shall not apply to any groundwater use not for human
consumption or domestic use in existence at the effective date of
this Part. Any groundwater use exempted under this provision may not
be enlarged or increased following the effective date of this Part.
[Ord. 1326-06, 12/11/2006, § 8]
Any person violating the provisions of this Part shall be subject
to a fine of not less than $100 and not more than $1,000, plus costs
and, in default of payment of said fine and/or costs to a term of
imprisonment not to exceed 30 days. In addition to any penalty provided
hereunder, the Borough may seek injunctive relief to prevent the violation
of this Part.
