Township of Upper Uwchlan, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Uwchlan as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Authority — See Ch. 8.
Uniform construction codes — See Ch. 71.
Stormwater management — See Ch. 152.
Streets and sidewalks — See Ch. 155.
Subdivision and land development — See Ch. 162.
Water — See Ch. 183.
Zoning — See Ch. 200.
[Adopted 1-17-2006 by Ord. No. 06-01]

§ 141-1 Purpose.

A. 
The purpose of this article is to provide for the regulation, design, inspection, maintenance, use and rehabilitation of community on-lot sewage disposal systems (COLDS) designed to treat and dispose of sanitary sewage from more than one source. It is hereby declared that the enactment of this article is necessary for the protection, benefit, and preservation of health, safety, and welfare of the inhabitants of the Township.
B. 
This article is intended to provide a method of sewage treatment and disposal under circumstances where the Township does not have the capability to convey, treat, and/or dispose of sewage via the Township or Township-designated agency's publicly held conveyance, treatment, and/or disposal system, and where the construction, use, and maintenance that are or may be associated with individual sewage disposal systems pose or may present potential health risk.

§ 141-2 Scope.

As part of any zoning and subdivision approval proposing the use of a COLDS, compliance with these rules and regulations shall be a condition of any such approval, including the condition that the system shall be subject to a continuing offer of dedication to the Township. All COLDS, as herein defined, to be constructed shall have as the official permittee the Township of Upper Uwchlan as required by the Township's Act 537 Plan. No COLDS shall be accepted for dedication except in accordance with these rules and regulations. The provision set forth in this scope shall be memorialized in appropriate textual notes prominently set forth on the approved final subdivision and land development plan.

§ 141-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:
AUTHORITY
Upper Uwchlan Township Municipal Authority (UUTMA).
AUTHORIZED AGENT
The Sewage Enforcement Officer, designated by the Chester County Health Department (Health Department), or other person or entity appointed by the Upper Uwchlan Township Board of Supervisors to administer this article.
BOARD
The Board of Supervisors of Upper Uwchlan Township, Chester County, Pennsylvania.
CAPITAL RESERVE FUND
An interest-bearing revolving fund, established for the Authority with monies contributed by each COLDS developer, for the purpose of financing major equipment and facility repairs, replacement, or upgrades. A separate capital reserve fund shall be established for each COLDS.
CCHD
The office of the Chester County Health Department administering the issuance of permits and promulgating regulations governing COLDS in various municipalities of Chester County, Pennsylvania, as authorized under Chapter 72, Section 72.25, excluding on-lot systems greater than 10,000 GPD, any industrial waste disposal system or any on-lot system requiring a Clean Streams Law permit (Act of June 22, 1937, P.L. 1987, No. 394, as amended, 35 P.S. §§ 691.1 to 691.1001).
CLEAN STREAMS LAW
An act to preserve and improve the purity of the waters of the commonwealth for the protection of public health, animal and aquatic life as approved June 22, 1937, P.L. 1987, No. 394, as amended.
[1]
COMMUNITY ON-LOT SEWAGE DISPOSAL SYSTEMS (COLDS)
A sanitary sewage treatment and disposal system that treats and disposes of sewage utilizing subsurface adsorption or land application and serves more than one dwelling unit. The definition specifically excludes any treatment or disposal system that serves only one dwelling unit.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania (DEP).
DESIGN STANDARDS
Design standards for COLDS established by the Department (25 Pa. Code Chapter 73) and/or CCHD as well as all relevant installation and locational standards established by such regulations, and specifications for the design, installation, and use of COLDS as set forth in Upper Uwchlan Township's Rules and Regulations are incorporated herein by reference as though set forth at length.
ENGINEER
The Township's or Authority's duly appointed engineer or engineering firm, which provides the Board with technical and engineering consultation.
IMPROVEMENT PROPERTY
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 sanitary sewage shall or may discharge.
PERSON
Any individual, association, public or private corporation for profit or not for profit, partnership, firm, trust estate, department, board, bureau, or agency of the commonwealth, political subdivision, municipality, district, authority, or any legal entity whatsoever that 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 local agency or municipality, or public or private corporation for profit or not for profit.
REHABILITATION
Work done to modify, alter, repair, enlarge, or replace an existing COLDS sewage disposal system.
SEWAGE
Any substance that contains any of the waste products or excrement or other discharge from bodies of human beings or animals 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. This term in this article specifically excludes wastewaters of industrial origin.
SEWAGE ENFORCEMENT OFFICER (SEO)
A person certified by the Department who is employed by the Health Department having jurisdiction in Upper Uwchlan Township. Such person is authorized to conduct investigations and inspections, review permit applications, issue or deny permits and do all other activities concerning COLDS.
SUBDIVISION
The division or redivision of a lot, tract, or other parcel of land into two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines. The enumerating of lots shall include as a lot that portion of the original tract or tracts remaining after other lots have been subdivided therefrom.
TOWNSHIP
Upper Uwchlan Township, Chester County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.

§ 141-4 Rights and privileges granted.

A. 
The Board hereby authorizes and empowers the Authority to undertake within the Township the control of methods of COLDS design, installation, and operation.
B. 
The Board hereby authorizes and empowers the Authority to require capital reserve funds, enter into or acquire escrow agreements, construction, and performance bonds, and engineering services to ensure COLDS are designed, constructed, and operated in accordance with any applicable rules and regulations of the Board.
C. 
The Board is empowered to take ownership of all operating COLDS within the Township. Method and manner of possession of COLDS will be as dictated by the Board's rules and regulations and the laws of the Commonwealth of Pennsylvania.
D. 
The Board hereby authorizes and empowers the Authority to operate, maintain, improve, and/or abandon any COLDS owned by the Township.

§ 141-5 Promulgation of rules and regulations.

A. 
The Authority is hereby authorized and empowered to adopt such rules and regulations concerning COLDS which it may deem necessary from time to time to effect the purpose herein.
B. 
All such rules and regulations adopted by the Authority shall be in conformance with the provisions herein, all other ordinances of the Township, and all applicable laws and rules and regulations of the Commonwealth of Pennsylvania.

§ 141-6 Imposition of rates, charges and fee schedule.

The Authority shall have the right and power to fix, alter, charge, and collect rates, assessments, fees, and other charges at rates authorized by applicable law and determined by the Authority to be necessary to properly operate and maintain each COLDS.

§ 141-7 Exclusivity of rights and privileges.

The collection, treatment, and disposal of all sewage from any improved property utilizing a dedicated COLDS shall be done solely by the Authority or its authorized representative.

§ 141-8 Applicability.

From the effective date of this article, any person who is proposing a COLDS serving as means of sewage disposal within the Township is subject to all requirements of this article. The owner of any proposed COLDS shall be responsible for obtaining all required permits from the Township, the Authority, Department, CCHD, and any other agencies requiring permits for such an installation. The owner of any proposed COLDS shall be responsible for its construction and startup in accordance with the requirements of this article.

§ 141-9 Permit requirements.

A. 
No person shall install, construct, request bid proposals for construction of, or alter a COLDS without first obtaining a permit from the proper agency (Sewage Enforcement Officer, authorized agent or department) which shall indicate that the site, the plans, and the specifications of such system are in compliance with provisions of the Clean Streams Law and the regulations adopted pursuant to this article.
B. 
The procedures for application for and granting of a permit shall be established, revised, promulgated, and enforced by the authorized agent.
C. 
No building or occupancy permit shall be issued for a new building that will contain a COLDS until a valid sewage permit is obtained from the Sewage Enforcement Officer.
D. 
No building or occupancy permit shall be issued and no work shall begin on any alteration or conversion of any existing structure, if said alteration or conversion will result in the increase or potential increase in sewage flows from the structure to the COLDS, until the appropriate officials of the Township receive written notice from the Sewage Enforcement Officer that such work will not require additional flow. The Sewage Enforcement Officer shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.

§ 141-10 Inspections.

The Township, the Authority, its agents, and employees shall have the right of access onto and may enter into any building, property, lands, premises, and place as may be necessary to carry out the provisions of this article and the rules and regulations promulgated hereunder, including, without limitations, the taking of samples for analysis (and, if necessary, enforcement action) of any solid, semisolid, liquid, or contained gaseous material.

§ 141-11 Operational standards.

Only normal domestic waste shall be discharged into any COLDS, including wastes listed in Section 73.11c of Title 25 of the Pennsylvania Code. The following shall not be discharged into the system:
A. 
Industrial waste.
B. 
Automobile oil and other nondomestic oils.
C. 
Toxic or hazardous substances or chemicals, including but not limited to pesticides, disinfectants (excluding household cleaners), acids, paints, paint thinners, herbicides, gasoline, and other solvents.
D. 
Clean surface or ground water, including water from roof or cellar drains, springs, basement sump pumps, and French drains.

§ 141-12 Violations and penalties; abatement.

A. 
Any person failing to comply with any provision of this article may be subject to a civil penalty of not less than $300 and not more than $2,500 for each violation, and, in addition, may be assessed the cost of damages caused by such violation and the cost of correcting such violation. Each day of noncompliance shall constitute a separate offense.
B. 
In addition to the penalties provided above, the Authority is authorized to file appropriate actions at law or in equity in the Court of Common Pleas in and for Chester County, or before any body having jurisdiction over the persons and activities herein regulated, to abate any violations and remove any COLDS not owned, operated, maintained, or constructed in accordance with the provisions of this article. Violations of this article are declared to be public nuisances and will be abated as such.

§ 141-13 Conflict with other provisions.

For all ordinances or resolutions or parts of ordinances or resolutions, insofar as they are inconsistent with this article, the more stringent ordinance or resolution shall apply.
[Adopted 4-27-2015 by Ord. No. 2015-04]

§ 141-14 Short title; purpose.

A. 
This article shall be known and may be referred to as the "Route 100 Sanitary Sewer District Ordinance of Upper Uwchlan."
B. 
The purpose of this article is to promote, protect, preserve and otherwise provide for the public health, safety and welfare by providing for the creation of the Route 100 Sanitary Sewer District and requiring connection to public sewers for all residential properties adjoining or adjacent to (or whose principal building is a dwelling within 150 feet of) an existing or future sanitary sewer line.

§ 141-15 Definitions.

Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this article shall be as follows:
ACCESSIBLE TO THE ROUTE 100 PUBLIC SEWER
With respect to a real property, that the real property adjoins or is adjacent to either:
A. 
A Route 100 public sewer; or
B. 
A street or off-street easement in which a Route 100 public sewer is located.
AUTHORITY
The Upper Uwchlan Municipal Authority which operates the wastewater collection, treatment and disposal facilities owned by the Township.
BOARD OF SUPERVISORS
The Board of Supervisors of Upper Uwchlan Township, the governing body of the Township.
BUILDING SEWER
That part of the sewage drainage system extending from any permitted building to the lateral of the Route 100 public sewer.
CAPACITY
The rated ability of the plant to receive and effectively treat and dispose of a specified load. When the term is used in reference to a pump station or sewer system, the term refers to the rated ability to effectively convey a specified load.
COMMERCIAL PROPERTY
Any real property within the Route 100 Sanitary Sewer District which is improved with a building intended to be used wholly or in part for the purposes of carrying on a trade, business or profession or for social, amusement, religious, educational, charitable or public uses.
COMMONWEALTH
The Commonwealth of Pennsylvania.
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
DWELLING
Any building type defined as such in § 200-7 of the Upper Uwchlan Township Zoning Ordinance of 1989, as amended, intended to be occupied as a whole by one family and from which sanitary sewage shall or may be discharged.
EDU
An equivalent dwelling unit, a measure of wastewater flow anticipated to be received from a single-family dwelling or the equivalent (225 gallons per day per EDU).
INDUSTRIAL PROPERTY
Any real property within the Route 100 Sewer District improved with a building intended to be used wholly or in part for the manufacturing, fabricating, processing, cleaning, laundering or assembly of any product, commodity or article.
INDUSTRIAL WASTE
Any solid, liquid or gaseous substance or waterborne wastes or form of energy rejected or escaping from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources, as distinct from domestic sanitary sewage.
LATERAL
That part of the Route 100 public sewer extending from a sewer main, located in the street right-of-way or off-street easement, to the building side of the building sewer serving a permitted building and connected to or to be connected with the building sewer. If there is no permitted building on a property, "lateral" shall mean that part of the Route 100 public sewer extending from the sewer main to the street right-of-way or off-street easement line for future connection to the building sewer, if and when the property is improved with a permitted building.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any real property subject to this article.
PERSON
Any individual, partnership, company, association, society, trust, corporation, municipality, municipal authority or other group or entity. Whenever used in any provision of this article prescribing and imposing a penalty or imposing a fine or imprisonment, "person" shall include the members of an association, partnership or firm and the officers of any agency or municipal, public or private corporation for profit or not for profit.
PLANT
The Route 100 Wastewater Treatment Facility owned by the Township and operated by the Authority, located in the Township on Fellowship Road and having a mailing address of 275 Fellowship Road, Chester Springs, PA 19425, to which plant sanitary sewage, collected and conveyed by the Route 100 public sewer, is treated and disposed.
RESIDENTIAL PROPERTY
Any real property within the Route 100 Sanitary Sewer District improved with a dwelling.
ROUTE 100 PUBLIC SEWER
The plant and all parts, facilities and other appurtenances, including laterals, owned by the Township and operated by the Authority, for the collection, conveyance, treatment and/or disposal of sanitary sewage through means approved by the Department.
ROUTE 100 SANITARY SEWER DISTRICT
All of those real properties in the Township which are accessible to the Route 100 public sewer.
SANITARY SEWAGE
Has the same meaning as set forth in the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq., as amended, and the rules and regulations of the Department adopted pursuant to such Act.
TECHNICAL SPECIFICATIONS
The specifications for the construction and maintenance of building sewers and laterals and the connection of the same to a wastewater treatment facility owned by the Township, including, without limitation, the Route 100 public sewer, set forth in the Authority document, prepared by the ARRO Group, Inc., entitled "Technical Specifications for Construction of Sanitary Sewers and Appurtenances." Without limiting, but in furtherance of, the other applicable requirements of this article, the "technical specifications," for purposes of the Pennsylvania Construction Code Act, as amended, 35 P.S. §§ 7210.101 through 7210.1103, where such Construction Code Act is applicable, shall constitute standards containing provisions which equal or exceed the requirements of the regulations promulgated under the Construction Code Act, the International Residential Code or the International Plumbing Code, for lateral connections located on private property and connecting to the public sewer (and, for purposes of the foregoing, "lateral connections" shall include a "lateral" and a "building sewer" as those terms are defined herein).
TOWNSHIP
The Township of Upper Uwchlan, Chester County, Pennsylvania, and, as applicable, such Township acting by and through the Board of Supervisors or, in appropriate cases, authorized representatives.
TOWNSHIP ENGINEER
The professional engineer, licensed as such by the commonwealth, duly appointed and employed by the Township to act as its engineer or engaged by the Township as a consultant thereto.

§ 141-16 Establishment of Route 100 Sanitary Sewer District.

The Route 100 Sanitary Sewer District is hereby established and shall consist of and include all real properties located in the Township which are accessible to the Route 100 public sewer.

§ 141-17 Mandatory connection to Route 100 public sewer.

A. 
Mandatory connection. Subject to the terms of this article, the owner of any residential property located within the Route 100 Sanitary Sewer District which adjoins or is adjacent to the Route 100 public sewer or whose principal building is a dwelling which is within 150 feet of the Route 100 public sewer shall connect to and use the Route 100 public sewer within 60 days after notice from the Authority to make such connection and use is served upon the owner.
(1) 
The notice of connection referred to herein shall be in writing, shall refer to this article, and shall require connection to the Route 100 public sewer within 60 days from the date of the notice or such greater time as the Authority may determine to be reasonable and necessary. The notice of connection shall be served upon the owner of record of each residential property by personal service or by registered mail or by such other method as at the time may be provided by law.
(2) 
In the event the owner of a residential property who has been served with notice to connect but fails to connect to and use the Route 100 public sewer within the sixty-day period (or such greater period as may be specified in the notice of connection), the Township, at its discretion, shall have the right, but not the duty, by itself or through agents thereof, including the Authority, to enter upon the residential property and construct the connection. In such case, the Township shall, upon completion of the connection, send a bill to the owner with an itemization of the costs of constructing the connection, which bill shall be payable in full immediately upon receipt by the owner. Should the owner fail to pay the bill or any part thereof, the Township shall have the right to collect the same in the manner permitted and pursuant to applicable law, including, but not limited to, the filing of a municipal claim and lien therefor.
B. 
Future connection. The owner of any real property which is accessible to the Route 100 public sewer but which is unimproved on the effective date of this article and which subsequently becomes improved with a dwelling so as to become a residential property, shall, at the time of the erection of the dwelling, install sanitary facilities in the building and connect the same to the Route 100 public sewer and use the Route 100 public sewer for the purpose of discharging all sanitary sewage from the property.
C. 
Connection at owner's expense. The connection to and use of the Route 100 public sewer pursuant to Subsections A and B above, as well as the installation of all sanitary facilities within the dwelling under Subsection B, shall be at the sole expense of the owner of the residential property and under and subject to all applicable rules, regulations and requirements as implemented from time to time by the Township and/or Authority, and otherwise as provided for by this article. Such expenses shall include, but not be limited to:
(1) 
The cost of obtaining a sanitary sewer permit with the fee for such permit to be established and revised, from time to time, by resolution of the Authority;
(2) 
The cost of construction of a building sewer;
(3) 
The cost of connecting a building sewer to the Route 100 public sewer;
(4) 
All inspection fees; and
(5) 
If applicable, the cost of disconnecting and abandoning any on-site septic system or other sewage disposal system or device.

§ 141-18 Permitted connection to Route 100 public sewer.

A. 
The owner of any commercial property, or industrial property which is accessible to the Route 100 public sewer, irrespective of the distance from the principal building to the Route 100 public sewer, who desires to connect to and use the Route 100 public sewer for the purposes of discharging all sanitary sewage and/or industrial waste from such property, shall be permitted to connect to and use the Route 100 public sewer for such purpose, provided 1) the Authority determines the plant has sufficient capacity to accept, treat and dispose of such sanitary sewage and/or industrial waste without adversely affecting or limiting the plant's ability to handle sewage generated by residential properties within the Route 100 Sanitary Sewer District, and, further provided, in the case of industrial waste, 2) that the industrial waste is properly and sufficiently pretreated as may be required by the applicable rules, regulations and requirements of the Township and/or Authority.
B. 
The owner of any commercial property, or industrial property which is not accessible to the Route 100 public sewer, irrespective of the distance from the principal building to the Route 100 public sewer, who desires to connect to and use the Route 100 public sewer for the purposes of discharging all sanitary sewage and/or industrial waste from such property, shall be permitted to connect to and use the Route 100 public sewer for such purpose, provided 1) the owner, at owner's sole expense, is able to arrange for connection to the Route 100 public sewer through intervening real properties, 2) the Authority determines the plant has sufficient capacity to accept, treat and dispose of such sanitary sewage and/or industrial waste without adversely affecting or limiting the plant's ability to handle sewage generated by residential properties within the Route 100 Sanitary Sewer District, and, further provided, in the case of Industrial Waste, 3) that the industrial waste is properly and sufficiently pretreated as may be required by the applicable rules, regulations and requirements of the Township and/or Authority.
C. 
Connection at owner's expense. The connection to and use of the Route 100 public sewer pursuant to Subsections A and B above shall be at the sole expense of the owner of the applicable real property and under and subject to all applicable rules, regulations and requirements as implemented from time to time by the Township and/or Authority, and otherwise as provided for by this article. Such expenses shall include, but not be limited to:
(1) 
The cost of obtaining a sanitary sewer permit with the fee for such permit to be established and revised, from time to time, by resolution of the Authority;
(2) 
The cost of construction of a building sewer;
(3) 
The cost of connecting a building sewer to the Route 100 public sewer;
(4) 
If applicable, the cost of obtaining an easement or right-of-way to cross intervening real property(ies);
(5) 
All inspection fees; and
(6) 
If applicable, the cost of disconnecting and abandoning any on-site septic system.

§ 141-19 Procedures and requirements for connection.

A. 
Sanitary sewer permit.
(1) 
No person shall uncover, connect with, make any opening into, use, alter or disturb, in any manner, any building sewer, the Route 100 public sewer or any part thereof, without first obtaining a sanitary sewer permit, in writing, from the Authority.
(2) 
Application for a sanitary sewer permit shall be made by the owner of the affected real property or by an agent duly authorized in writing to act for the owner. The form and content of the sanitary sewer permit application shall be established, from time to time, by the Authority.
(3) 
Fees for a sanitary sewer permit shall be paid at the time of application in accordance with a fee schedule adopted by resolution of the Authority. The fee schedule may be revised from time to time by resolution of the Authority.
B. 
Prerequisites for connection to the Route 100 public sewer. No person shall make, or shall cause to be made, any connection to the Route 100 public sewer until such person shall have fulfilled all of the following conditions:
(1) 
Where connection is in response to a notice to connect received from the Authority, such person shall have notified the Authority of the person's intention to comply with such notice and connect a residential property to the Route 100 public sewer.
(2) 
Where connection is permitted under § 141-18 above, such person shall have notified the Authority of the desire to connect to the Route 100 public sewer and the Authority has issued a written determination to the person that the plant has adequate capacity to accept, treat and discharge the sanitary sewage or industrial waste from the person's property.
(3) 
Such person shall have applied for and obtained a sanitary sewer permit.
(4) 
Such person shall have paid, in full, the connection charges as provided herein, together with any other applicable fees or charges including, but not limited to, tapping fees.
(5) 
Such person shall have given the Authority at least 48 hours' advance notice of the time when such connection will be made so that the Authority may supervise and inspect, or may cause to have supervised and inspected, the work of the connection and necessary testing, such notification to be given to the official or representative designated from time to time by the Authority membership to receive such notification.
C. 
All connections to be in accordance with the technical specifications; location of connection; owner to bear all costs.
(1) 
No person shall make, or cause to be made, any connection to the Route 100 public sewer except in accordance with the technical specifications and all other applicable rules, regulations and requirements adopted by the Authority, as the same may be revised from time to time.
(2) 
A building sewer shall be connected to the Route 100 Pubic Sewer at the place designated by the Authority and, where, if applicable, the lateral is provided, subject to and in accordance with the technical specifications and all other applicable rules, regulations and requirements adopted by the Authority.
(3) 
All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to the Route 100 public sewer shall be borne by the owner of the real property to be connected.

§ 141-20 Specific provisions for building sewers.

A. 
Existing sewer line as a building sewer. Where an improved property, at the time its connection to the Route 100 public sewer is to be made, is served by an existing on-site septic system or other sewage disposal system or sewage disposal device, the existing sewer line shall be disconnected on the building side of such on-site septic system or sewage disposal system or sewage disposal device and connection shall be made, with proper fittings, to continue such sewer line as a building sewer subject to and in accordance with the technical specifications and all other applicable rules, regulations and requirements.
B. 
Inspection and approval of building sewers.
(1) 
No building sewer connection, maintenance, repair and/or replacement shall be covered until it has been inspected and approved by the Authority and as provided in and by the technical specifications and all other applicable rules, regulations and requirements. If any part of a building sewer is covered before being so inspected and approved, it shall be uncovered, at the cost and expense of the owner of the real property in question, for such inspection and approval.
(2) 
All such inspections and approval by the Authority shall be at the cost and expense of the owner of the real property in question.
(3) 
All such inspections by the Authority shall be undertaken by the Township Engineer and shall be completed not less than 72 hours after the Authority is given notice by the owner of the real property in question that the uncovered building sewer is ready for inspection.
(4) 
Unless otherwise directed by the Board of Supervisors, all such approvals by the Authority shall be given by the Township Engineer.
C. 
Maintenance, repair and/or replacement of building sewers. It shall be the responsibility of the owner of any improved property subject to this article, at the expense of such owner, to maintain every building sewer at all times in a sanitary and safe operating condition, and to repair and replace the same as shall be necessary. Such maintenance, repair or replacement shall be in accordance with the technical specifications and all other applicable rules, regulations and requirements.
D. 
Building sewer excavations. Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury, and any street, sidewalk and other property disturbed in the course of the connection, maintenance, repair and/or replacement of a building sewer shall be restored. Such guarding, excavation and restoration shall be at the sole cost and expense of the owner of the affected real property, shall be in a manner satisfactory to the Authority, and otherwise subject to and in accordance with the technical specifications and all other applicable rules, regulations and requirements.
E. 
Unsatisfactory condition of building sewers. If any person shall fail or refuse, within 30 days of being served with a written notice from the Authority to remedy any unsatisfactory condition, including, but not limited to, inflow and infiltration, with respect to a building sewer, the Authority may but is not obligated to refuse to permit such person to discharge, or to continue to discharge, sanitary sewage and/or industrial waste into the Route 100 public sewer until such unsatisfactory condition shall have been remedied in a manner satisfactory to the Authority and otherwise subject to and in accordance with the technical specifications and all other applicable rules, regulations and requirements. Such right of refusal shall be in addition to any and all other remedies as may be available to the Authority to correct the unsatisfactory condition.

§ 141-21 Owner's indemnification of Township and Authority.

The owner of a real property connecting to the Route 100 public sewer shall indemnify, defend and save harmless the Township, the Board of Supervisors, the Authority, the members of the Authority, and the agents, servants, representatives and employees of the Township and Authority, from and against any and all loss or damage, including but not limited to personal injury (including death), property damage, monetary loss, court costs and professional expenses, which are or may be occasioned by or result from, directly or indirectly, the construction of a building sewer, the connection of a building sewer to the Route 100 public sewer and/or the collection, conveyance, treatment and disposal of sanitary sewage or industrial waste generated by or upon such owner's real property.

§ 141-22 Violations and penalties.

A. 
Fines and penalties.
(1) 
Any person who fails or refuses to comply with any provision of this article shall be in violation of this article, which violation shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
(2) 
Upon conviction, such person shall pay a fine of not less than $100 and not more than $1,000 (or such other maximum fine as then may be provided or permitted by applicable law) per violation, together with costs of prosecution, including, but not limited to, reasonable attorney's fees, in each case. Upon default in payment of the fine and costs, such person shall be subject to imprisonment to the maximum extent allowed by law for the punishment of summary offenses.
(3) 
Each day, or portion thereof, that a violation is found to exist, and each provision of this article that is found to have been violated, shall constitute a separate offense each punishable by the aforesaid fine and imprisonment.
(4) 
All fines and costs collected for the violation of this article shall be paid to the Township.
B. 
Other remedies. The provisions of Subsection A above (including, but not limited to, the manner of enforcement of a violation of this article and the fine and the penalty for such violation) shall not be in limitation of, but shall be in addition to:
(1) 
Such other or further remedies or enforcement actions as may be available to the Township and/or Authority under other provisions of this article or under other law (including, but not limited to, other applicable local, state or federal law) or in equity (including, but not limited to, injunctive relief) for any actions or inactions which violate any provision of this article. Nothing in this section or other provision of this article shall be deemed to preclude the Township and/or Authority from pursuing such other or further remedies concurrently.
(2) 
Such other or further remedies or enforcement actions as may be available to any governmental entity, other than the Township, having jurisdiction, under any applicable local, state, or federal law, or in equity (including, but not limited to, injunctive relief), for any actions or inactions which violate any provision of this article.