For the purpose of this ordinance, unless otherwise
expressly used, the following terms shall have the meanings herein
respectively indicated:
AUTHORITY
Nazareth Borough Municipal Authority, a Pennsylvania municipality
authority.
BOARD
The Board of Supervisors of Palmer Township.
BUILDING SEWER
The extension from the sewage drainage system of any structure
to the lateral of a sewer.
DOMESTIC WASTE
The normal waterborne or dissolved waste discharged by a
residential household, as well as toilet wastes discharged by any
user.
IMPROVED PROPERTY
Any property located within the service area of 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 waste shall
be or may be discharged.
INDUSTRIAL ESTABLISHMENT
Any room, group of rooms, building or other enclosure used
or intended for use, in whole or in part, is the operation of a business
enterprise for the manufacturing, fabricating, processing, cleaning,
laundering or assembling of any product, commodity or article, or
from which any process waste, as distinct from sanitary sewage, shall
be discharged.
INDUSTRIAL WASTES
Any solid, liquid or gaseous substance or waterborne or dissolved
wastes or process contact cooling water, other than domestic waste,
that is ejected, escaping or discharged into the municipal wastewater
system. Industrial waste includes pollutant and toxic pollutants as
defined herein. Industrial waste includes waste from health care facilities
that would be otherwise identified as domestic waste.
LATERAL
That part of the sewer system extending from sewer to the
curbline, or if there shall be no curbline to the property line or
if no such lateral shall be provided, then "lateral" shall mean that
portion of or place in a sewer which is provided for connection of
any building sewer.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
PERSON
Any individual, firm, partnership, company, association,
society, trust, corporation or other group or entity of any kind.
POLLUTANT
Any dredged spoil, solid waste, liquid waste, gaseous waste,
incinerator residue, sewage, garbage, sewage sludge, chemical wastes,
biological materials, radioactive materials, heat, rock, sand, cellar
dirt and industrial, municipal and agricultural waste discharged into
water.
SANITARY SEWAGE
Normal water-carried household and toilet wastes discharged
from any improved property.
SEWER
Any pipe, main or conduit constituting a part of the sewer
system used or usable for sewage collection purposes.
SEWER SYSTEM
All facilities, as of any particular time, for collecting,
transporting, pumping, treating and disposing of sanitary sewage and
industrial wastes, situate in or adjacent to this Township, owned
and operated by the Authority.
STREET
Any street, alley, public way and public place as now laid
out, whether opened or unopened, dedicated to public use, and all
extensions or additions thereof as may now or hereafter be made.
TOWNSHIP
The Township of Palmer, Northampton County, Pennsylvania,
a municipality of the Commonwealth of Pennsylvania, acting by and
through its Board of Supervisors, or, in appropriate cases, acting
by and through its authorized representatives.
TOXIC POLLUTANT
Any pollutant or combination of pollutants: 1) listed as
toxic in regulations promulgated by EPA under the Act; or 2) discharged
into the municipal wastewater system at a concentration that has been
or can be shown by scientific experiment to inhibit or disrupt any
part or portion of the treatment process; or 3) listed as toxic in
regulations promulgated by DEP; or 4) specifically identified by any
other state or federal act as being toxic.
The Township, by and through its Board of Supervisors,
shall enter into an agreement with the Authority, which agreement
shall provide that:
A. The Board shall designate a service area within the
Township for which service to the Authority will be available.
B. Township grants to the Authority the license, franchise,
right and privilege of constructing, maintaining and operating within
the Township a collection system for sanitary sewage, which sewage
will be transported by said system to the plant of the Authority.
No person shall extend the sewer lines constructed under this ordinance
and the enabling intermunicipal agreement beyond the service area
hereunder.
C. Township authorizes the Authority in the operation
of the construction, maintenance and operation of the collection system
to provide for the payment of the necessary costs of construction,
maintenance and operation in accordance with the terms of this ordinance,
laws of the Commonwealth of Pennsylvania, and rules and regulations
which may be promulgated by the Authority and the Township. Authority
shall be totally responsible for the construction, operation and maintenance
of the sewer collection system in the service area and shall pay for
all costs of construction, maintenance, operation and administration,
including all engineering, legal and administrative costs incurred
by the Authority and the Township.
D. The Authority's construction, operation and maintenance
of the system shall be performed so as not to endanger or interfere
with the lives of persons, or to interfere with new improvements the
Township may deem proper to make, or to unnecessarily hinder or obstruct
the free use of the streets, alleys, bridges, or other public property.
E. The Authority shall be responsible to restore the
streets in accordance with the reasonable rules, regulations and conditions
as shall be adopted and specified from time to time, by resolution
or ordinance of this Township, and this Township does reserve the
right to adopt and specify, from time to time, such reasonable rules,
regulations and conditions in connection with exercise by the Authority
of such rights and privileges.
F. In the event that a change is made in the grade of
public streets, alleys, avenues and ground by the Township which may
necessitate a change in the system to conform to the change of grade,
Authority shall make necessary changes to the system at its own expense
upon due notice from the Board.
In the event that any provision, section, sentence,
clause or part of this ordinance shall be held to be invalid, such
invalidity shall not affect or impair any remaining provision, section,
sentence, clause or part of this ordinance, it being the intent of
the Authority that such remainder shall be and shall remain in flail
force and effect.
It is hereby declared that the enactment of
this ordinance is necessary for the protection, benefit and preservation
of the health, safety and welfare of the inhabitants of this Township.
Authority is subject to all requirements of
the Township ordinances, rules and regulations and specifications
of the Township heretofore or hereafter enacted or established, including
but not limited to those concerning street work, street excavation,
use, removal and relocation of property within a street and other
street work.