[Adopted 8-28-1975 by Ord. No. 245 (Part
11, Ch. 2, Art. A, Secs. 11-2001 through 11-2006, of the 1975 Code
of Ordinances)]
[Amended 1-2-1991 by Ord. No. 91-1]
Unless the context specifically indicates otherwise,
the meaning of the terms used in this article shall be as follows:
The Malvern Municipal Authority.
An engineer employed by the Authority or an authorized member
of his staff.
The Borough of Malvern, Chester County, Pennsylvania.
An engineer employed by the Borough or an authorized member
of his staff.
One engaged in, intended for or used as a store, office or
other establishment or facility for the purpose of carrying on a trade,
business or profession; and all sewer users which are not in any other
use category.
One engaged in, intended for or used as a manufacturing,
fabricating, processing or cleaning operation or facility and/or one
engaged in the assembly of any product, commodity or article.
One engaged in, intended for or used as a charitable or public
service principal use.
That part of the sewer system extending from a sewer to the
curbline or, if there shall be no curbline, to the edge of the street
abutting the property affected or, if no such lateral shall be provided,
then "lateral sewer" or "service connection" shall mean that portion
of or place in a sanitary sewer which is provided for the connection
of any service line.
Any outlet into a watercourse, ditch, pond, lake or other
body of surface or ground water.
Each single-dwelling unit, household unit, flat or apartment
unit, store, shop, office, business, commercial or industrial unit
or family unit contained within any structure, erected and intended
for continuous or periodic habitation, occupancy or use by human beings
or animals and from which structure sanitary sewage and industrial
wastes, or either thereof, is or may be discharged, located in the
Borough.
Any person vested with ownership, legal or equitable, sole
or partial, of any property situated in the Borough.
Any individual, partnership, company, association, society,
corporation or group.
One engaged in, intended for or used as a dwelling unit or
units and accessory uses to such a dwelling as defined by the Borough's
zoning regulations.[1]
A sewer which is part of the sewer system and which carries
sanitary sewage and/or treated industrial waste permitted to be discharged
into the sewer system.
That part of the main house drain or sewer line extending
from a point five feet outside the outer building wall or foundation
wall to its connection with the lateral sewer.
A building or any part thereof which is connected, directly
or indirectly, to the sewer system and occupied or intended to be
used or occupied by a sewer user for or as a principal use (as defined
for zoning purposes).
Sewer mains, lateral sewers from a sewer main to service
line or house connection, sewage ejector and/or pumping stations,
sewer force mains and all appurtenant facilities operated by the Borough
in furnishing sewage service.
The owner and/or occupant of any sewered premises.
A.
It shall be unlawful for any owner of property who is required to connect to the sewer system pursuant to Subsection B below, to construct or maintain any privy, privy vault, cesspool, sinkhole, septic tank or similar receptacle intended or used for the disposal of sewage within the Borough or, unless such discharge is pursuant to a permit issued by the Pennsylvania Department of Environmental Resources, to discharge or permit the discharge of any sanitary sewage or industrial waste into any natural outlet in the Borough.
B.
Each owner of an occupied building situated on property
abutting on any street, alley or right-of-way in which there has been
constructed a sanitary sewer and where any part of such building is
within 150 feet of the sewer and is accessible thereto, shall at his
own expense install suitable sanitary facilities therein and connect
such facilities directly within 60 days after the date of official
notice to do so, given in the manner provided by law. In the event
any such owner shall refuse or neglect to so connect within said sixty-day
period, he shall be deemed to be in violation of this article, and
the proper officers of the Borough, or their agents, may enter upon
such property and construct such connection. In such case, the Borough
officers shall forthwith, upon completion of the work, send an itemized
bill of the cost of the construction of such connection to such owner,
which bill shall be payable forthwith. In case of neglect or refusal
by such owner to pay said bill, within 30 days thereafter, it shall
be the duty of the Borough officers to file municipal liens. Notwithstanding
the foregoing provisions, no owner of an occupied building shall be
required to connect such building to a sanitary sewer if the Council
determine that connecting such building would result in an overloading
of sewage treatment facilities.
C.
No privy, privy vault, cesspool, sinkhole, septic
tank or similar receptacle shall be connected with the sewer system
at any time. Each privy, privy vault, cesspool, sinkhole, septic tank
or similar receptacle shall be abandoned upon the making of connection
to the sewer system and, at the request of the Borough officers, shall
be cleaned and filled under direction and supervision; and any such
privy, privy vault, cesspool, sinkhole, septic tank or similar receptacle
not so abandoned and, if required by the Borough officers, cleaned
and filled, shall constitute a nuisance, and such nuisance shall be
abated as provided by law at the expense of the owner of such property.
D.
There is hereby reserved to the Borough the right
to refuse to any person the privilege of connecting any occupied building
to the sewer system, or to compel discontinuance of the use of any
sewer by any person, or to compel the pretreatment of industrial wastes,
in order to prevent discharge into the sewer system of wastes which
may be deemed by the Authority, the Authority engineer, the Borough
or the Borough Engineer, to be harmful to the sewer system or to have
a deleterious effect on sewage treatment processes or to be injurious
to personnel operating the sewer system.
A.
No person shall uncover, connect with, make any opening
into or use, alter or disturb in any manner any sewer or the sewer
system without first making application for and obtaining a permit,
in writing, from the Borough.
B.
Application to the Borough for a permit required under
this section shall be made by the owner of the property to be served,
in such form as may be prescribed by the Borough. The application
shall be accompanied by the required connection charge and tapping
fee imposed by the Authority (which has designated the Borough its
agent for collection).
C.
No person other than the Borough, or its agents, shall
make or cause to be made the connection of any property with a lateral
sewer until such person shall have fulfilled each of the following
conditions:
(1)
Such person shall have notified the Borough of the
desire and intention to connect to a lateral sewer;
(2)
Such person shall apply for and obtain a permit as
required by this article;
(3)
Such person shall have given the Borough at least
24 hours' notice of the time when such service line is to be connected
and such connection made so that the Borough may inspect the service
line and the work of connection and perform necessary testing.
D.
Payment of the abovementioned connection charge shall
entitle the applicant to have one lateral sewer installed to the curbline
of his property, but in no case longer than 24 feet, at the expense
of the Borough, including repaving. All costs of constructing such
lateral sewer to a service line shall be borne by the owner of the
property to be connected; and such owner shall indemnify and save
harmless the Borough and the Authority from all loss or damage that
may be occasioned, directly or indirectly, as a result of the construction
which the owner is required to perform.
E.
Whenever the surface of any public street, sidewalk
or cartway is disturbed by the construction of a service line, it
shall be the responsibility of the applicant for a connection to obtain
street opening permits from the Borough or highway occupancy permits
from the Pennsylvania Department of Transportation. Unless otherwise
required, all surfacing materials must be restored in kind, thickness
and construction to the satisfaction of the Borough or of the Department
of Transportation, as the case may be.
The Borough Engineer and other duly authorized
representatives or employees of the Borough, bearing proper credentials
and identification, shall be permitted, at all reasonable times, to
enter upon any premises connected or about to be connected or required
to be connected to the sewer system for the purpose of inspection,
observation, measurement, sampling and testing in accordance with
the provisions of this article.
No person shall maliciously, willfully or negligently damage, destroy, deface, block or otherwise tamper with any sewer or any other structure or equipment which is part of the sewer system, or discharge any substance into the sewer system contrary to or in violation of Ordinance No. 246 (Article III of this chapter) of the Borough which, inter alia, prohibits discharge of certain wastes into the sewer system and provides for rules and regulations.
A.
Any person who shall violate any provision of this article other than § 168-4 or 168-5 shall be served by the Borough with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. (The notice provided in § 168-2B above shall be deemed to be notice of a violation for this purpose in respect of violations of such section.) The offender shall within the period of time stated in such notice (if any, otherwise forthwith) permanently cease all violations.
B.
Any person who shall continue any violation beyond the time limit fixed as provided for in § 168-6A shall be subject to a fine in an amount not exceeding $100 for each violation. A new and separate violation shall be deemed to have been committed for each day any violation continues beyond such time limit.
D.
All fines and penalties imposed for violation of any
provision of this article shall be paid to the Treasurer of the Borough
for the use of the Borough. Default in payment of the fine and costs
shall make the defendant liable to imprisonment for a term not to
exceed 30 days.
E.
Any person violating any of the provisions of this
article, in addition to becoming liable for a fine and penalty, shall
become liable to the Borough for any expense, loss or damage occasioned
by the Borough by reason of such violation.
