[Ord. 2015-3, 12/7/2015[1]]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part shall be as follows:
The extension from the sewage drainage system of any structure
to the lateral of a sewer.
The Derry Township Municipal Authority, a Pennsylvania municipal
authority.
Any property located 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
sanitary sewage and/or industrial wastes shall be discharged.
Any room, group of rooms, building or other enclosure used
or intended for use, in whole or in part, in the operation of one
business enterprise for manufacturing, fabricating, processing, cleaning,
laundering or assembling of any product, commodity or article, or
from which process waste, as distinct from sewage, shall be discharged.
Any solid, liquid or gaseous substance or water-borne wastes
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 sanitary
sewage.
That part of the sewer system extending from a sewer to a
point beyond the curbline or, if there shall be no curbline, then
to a point beyond the paved surface of the road or to the edge of
a right-of-way or property line. If no such lateral has been installed,
then "lateral" shall mean that portion of or place in a sewer which
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 or other group or entity.
Any building or 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 discharged,
including, but not limited to dwellings, mobiles homes and modular
homes: and, nonmunicipal systems or facilities that collect, pump,
transport, treat or dispose of sanitary sewage and/or industrial wastes
under a national pollutant discharge elimination system (NPDES) permit.
[Added by Ord. No. 2020-05, 11/17/2020]
Normal water-carried household and toilet wastes from any
improved 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 or disposing of sanitary sewage and
industrial wastes owned or controlled by the DTMA or other municipal
authority as may be authorized by the Township to own or control a
sewer in the Township.
The Township of Londonderry, Dauphin County, Pennsylvania,
a municipality acting by and through its Board of Supervisors or,
in appropriate cases, acting by and through its authorized representatives.
[1]
Editor’s Note: This ordinance superseded former Part
2, Connections to Township Sewers, adopted 12/6/1993 by Ord. 1993-9,
as amended.
[Ord. 2015-3, 12/7/2015]
The owner of any improved property accessible to and whose principal
building is within 150 feet from the sewer system shall connect such
improved property therewith, in such manner as the Township may require,
within 60 days after notice to such owner from the Township, or DTMA
as agent for the Township or other municipal authority as may be authorized
by the Township, to make such connection, for the purpose of discharge
of all sanitary sewage and industrial wastes from such improved property,
subject to such limitations and restrictions as shall be established
in this Part and by the DTMA or other municipal authority as may be
authorized by the Township or otherwise shall be established pursuant
to this Part from time to time.
[Ord. 2015-3, 12/7/2015]
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer as required under § 18-202 of this Part, shall be conducted into a sewer, subject to such limitations and restrictions as shall be established in this Part and by the DTMA or other municipal authority as may be authorized by the Township or otherwise shall be established pursuant to this Part from time to time.
[Ord. 2015-3, 12/7/2015]
No person shall place or deposit or permit to be placed or deposited upon public or private property within the Township any sanitary sewage or industrial wastes in violation of § 18-203 of this Part. No person shall discharge or permit to be discharged to any natural outlet within the Township any sanitary sewage or industrial wastes in violation of § 18-203, except where suitable treatment has been provided which is satisfactory to the Township.
[Ord. 2015-3, 12/7/2015]
1.
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 § 18-202 of this Part 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 Township, shall be cleansed and filled under the direction
of the Township; and any such privy, vault, cesspool, septic tank
or similar receptacle not so abandoned and, if required by the Township,
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.
[Ord. 2015-3, 12/7/2015]
No privy, vault, cesspool, sinkhole, septic tank or similar
receptacle at any time shall be connected with a sewer.
[Ord. 2015-3, 12/7/2015]
The notice by the Township, or by the DTMA as the Township's agent or other municipal authority as may be authorized by the Township, to make a connection to a sewer, referred to in § 18-202 of this Part, shall include a reference to this Part, including any amendments and/or supplements at the time in effect, 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 60 days from the date such notice is given. Such notice may be given at any time after a sewer is in place which can receive and convey sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner either by personal service or by certified mail or by such other method as at the time may be provided by law.
[Ord. 2015-3, 12/7/2015]
If the owner of any improved property located in the Township and accessible to and whose principal building is within 150 feet from the sewer system, after 60 days' notice from the Township or the DTMA as agent for the Township or other municipal authority as may be authorized by the Township, in accordance with § 18-202 of this Part, shall fail to connect such improved property, as required, the Township, or the DTMA as the Township's agent or other municipal authority as may be authorized by the Township, may make such connection and may collect from such owner the costs and expenses thereof. In such case, the Township, the DTMA as the Township's agent or other municipal authority as may be authorized by the Township shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the owner of the improved property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such improved property to pay said bill, the Township, the DTMA as the Township's agent or other municipal authority as may be authorized by the Township shall file a municipal lien for said construction within six months of the date of the completion of the construction of said connection, the same to be subject in all respects to the general law provided for the filing and recovery of municipal liens. Nothing in this section shall be construed to prevent or excuse the imposition of a fine or fines for violation of this Part.
[Ord. 2015-3, 12/7/2015]
1.
No person, firm or corporation shall connect or permit to be connected
to the sewer system any building sewer or lateral or other type of
sewage service line unless, prior to said connection, the owner of
the property to be connected shall have applied for and have been
issued a connection permit in accordance with the rates, rules and
regulations of the DTMA or other municipal authority as may be authorized
by the Township.
2.
The DTMA shall have the right to inspect all new commercial, industrial
and residential establishments connected to the DTMA's sewer system
prior to the issuance of an occupancy permit for the purpose of examining
and evaluating all sewer connections and appurtenances associated
with the establishment. The DTMA's inspection shall determine conformance
with the DTMA's rates, rules and regulations and assure that no unauthorized
sewer connections exist and that all wastewater is conducted into
the building sewer. The DTMA may impose an inspection fee on the owner
representing the reasonable cost of inspection. The Township shall
require proof of inspection, approval and fee payment prior to the
issuance of an occupancy permit under this Part.
[Ord. 2015-3, 12/7/2015]
No person, firm or corporation shall deposit or discharge or permit to be deposited or discharged to the sanitary sewer system any sewage or industrial waste except through facilities connected to the sewer system pursuant to the requirements of § 18-209 of this Part. It shall be prohibited for any person, firm or corporation to discharge any industrial wastes that are determined by the DTMA to have a deleterious effect upon the DTMA's sewer system, receiving stream or wastewater treatment residuals. The Township and the DTMA shall act cooperatively where necessary to physically disconnect any industrial establishment discharging such industrial waste to the DTMA's sewer system.
[Ord. 2015-3, 12/7/2015]
[Ord. 2015-3, 12/7/2015]
Where an improved property, at the time connection to a sewer
is required, shall be served by its own sewage disposal system or
device, the existing sewer service line shall be disconnected from
the structure. It shall be replaced by a building sewer meeting the
requirements of the DTMA or other municipal authority as may be authorized
by the Township and applicable plumbing codes.
[Ord. 2015-3, 12/7/2015]
No building sewer shall be covered until it has been inspected
and approved by the Township or the DTMA as the Township's agent or
other municipal authority as may be authorized by the Township. If
any part of a building sewer is covered before so being inspected
and approved, it shall be uncovered for inspection at the cost of
the owner of the improved property to be connected to a sewer.
[Ord. 2015-3, 12/7/2015]
Every building sewer of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
[Ord. 2015-3, 12/7/2015]
Every excavation for a building sewer or lateral shall be guarded
adequately, such as with barricades and lights, to protect all persons
from damage and injury. Streets, sidewalks and other public property
disturbed in the course of installation of a building sewer or lateral
shall be restored, at the cost and expense of the owner of the improved
property being connected, in a manner satisfactory to the Township.
[Ord. 2015-3, 12/7/2015]
If any person shall fail or refuse, upon receipt of a written notice from the Township, to remedy any unsatisfactory condition with respect to a building sewer or lateral, within 60 days of receipt of such notice, the Township may treat such refusal in the same manner as though the owner had failed to connect to the sewer system and may proceed to remedy the condition and collect the cost thereof as provided in § 18-208 of this Part.
[Ord. 2015-3, 12/7/2015]
Notwithstanding any of the terms of this Part, connection to
the sewer system shall at all times be subject to such rates, rules,
and regulations relating thereto as shall be adopted by resolution
of the DTMA or other municipal authority as may be authorized by the
Township, and failure to observe and comply with such rates, rules,
and regulations shall be a violation of this Part and subject to its
penalty and enforcement provisions. In addition, the DTMA or municipal
authority as may be authorized by the Township may choose to exercise
its own enforcement actions to the full extent granted under applicable
law, including, without limitation, those actions taken pursuant to
federal and state-mandated industrial pretreatment regulations.
[Ord. 2015-3, 12/7/2015]
Notwithstanding the Department of Labor requirements under the
Occupational Safety and Health Act, the excavation trench which exposes
the DTMA's lateral or the lateral of another municipal authority as
may be authorized by the Township must be adequately shored to prevent
the undermining of curbs, streets and/or roads. Such work is to be
at the cost and expense of the owner of the improved property being
connected to the DTMA's lateral or lateral of another municipal authority
as may be authorized by the Township.
[Ord. 2015-3, 12/7/2015]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 2015-3, 12/7/2015]
Fines and costs imposed under the provisions of this Part shall
be enforceable and recoverable in the manner and at the time provided
by applicable law.
[Ord. 2015-3, 12/7/2015]
In the event any provision, section, sentence, clause or part
of this Part shall be held to be invalid, such invalidity shall not
affect or impair any remaining provisions, sections, sentences, clauses
or parts of this Part, it being the intent of this Township that such
remainder shall be and shall remain in full force and effect.
[Ord. 2015-3, 12/7/2015]
It is declared that enactment of this Part is necessary for
the protection, benefit and preservation of the health, safety and
welfare of the inhabitants of the Township.
