[HISTORY: Adopted by the City Council of the City of Pottsville as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-4-1973 by Ord. No. 187-73 (Art. 913 of the 1966 Code)]
Unless the context specifically and clearly indicates otherwise, the meanings of terms and phrases used in this article shall be as follows:
BUILDING SEWER
The extension from the sewage drainage system of any structure to the lateral of a sewer.[1]
CITY
The City of Pottsville, acting by and through its Council, or, in appropriate cases, acting by and through its authorized representatives.
IMPROVED PROPERTY
Any property located within the City 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 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, in 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 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.
LATERAL
That part of the sewer system extending from a sewer to the curbline or, if there is no curbline, to the property line or, if no such lateral is 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, partnership, company, association, society, trust, corporation or other group or entity.
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 AUTHORITY
The Greater Pottsville Area Sewer Authority, acting by and through its Board of Directors, or, in appropriate cases acting by and through its authorized representatives.
[Added 6-10-2013 by Ord. No. 827]
SEWER SYSTEM
All facilities, as of any particular time, for collecting, transporting, pumping, treating and disposing of sanitary sewage and industrial wastes, situated in or adjacent to the City and owned by the Authority.
[1]
Editor's Note: The former definition of "Authority," which immediately preceded this definition, was repealed 6-10-2013 by Ord. No. 827. See now the definition of "Sewer Authority."
The owner of any improved property benefited, improved or accommodated by a sewer shall connect such improved property with the sewer, in such manner as the City may require, within 45 days after notice to the owner from the City 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 herein or as otherwise shall be established by the City or the Authority, from time to time.
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer as required under § 180-2, shall be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or as otherwise shall be established by the City or the Authority, from time to time.
A. 
No person shall place or deposit or permit to be placed or deposited upon public or private property within the City any sanitary sewage or industrial wastes in violation of § 180-2.
B. 
No person shall discharge or permit to be discharged to any natural outlet within the City any sanitary sewage or industrial wastes in violation of § 180-2, except where suitable treatment has been provided which is satisfactory to the City.
A. 
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or maintained at any time upon any improved property which has been connected to a sewer or which is required under § 180-2 to be connected to a sewer.
B. 
Every privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of the City, shall be cleansed and filled at the expense of the owner of such improved property and under the direction and supervision of the City; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by the City, 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.
The notice by this City to make a connection to a sewer, referred to in § 180-2, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section hereof, and a written or printed document requiring the connection in accordance with the provisions of this article 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 after a sewer is in place which can receive and convey sanitary 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 registered mail or by such other method as at the time may be provided by law.
Except as otherwise provided in this section, each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted except under special circumstances and for good sanitary reasons or other good cause shown and then only after special permission of the City and the Authority, in writing, shall have been secured and subject to such rules, regulations and conditions as may be prescribed by the Authority.
All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to a sewer, including testing, shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and save harmless the City and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building sewer or of connection of a building sewer to a sewer.
A building sewer shall be connected to a sewer at the place designated by the Authority and where the lateral is provided. The invert of a building sewer at the point of connection shall be at the same or a higher elevation than the invert of the sewer. A smooth, neat joint shall be made, and the connection of a building sewer to the lateral shall be made secure and watertight.
If the owner of any improved property benefited, improved or accommodated by a sewer, after 45 days' notice from the City requiring the connection of such improved property with a sewer in accordance with § 180-2, fails to connect such improved property as required, the City may make such connection and may collect from the owner the costs and expenses thereof by a municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law.
Where an improved property, at the time connection to a sewer is required, is served by its own sewage disposal system or device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or device and attachment shall be made, with proper fittings, to continue such house sewer line as a building sewer.
[Amended 6-10-2013 by Ord. No. 827]
A. 
Construction and repairs. No building sewer shall be covered until it has been inspected and approved by the City and the Sewer Authority. If any part of a building sewer is covered before so being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved property to be connected to a sewer.
B. 
Right to enter. The City or Sewer Authority has the right to enter any site or building in order to perform any analysis or the taking of any air samples or samples of unknown fluids or substances for purposes of compliance with state, federal and local laws and regulations. The City or Sewer Authority shall have the further right to enter, without delay, said site and any structure situate thereon, at all reasonable times and in a reasonable manner to perform any duty imposed by state or federal law upon said City or Sewer Authority or its officials, including, but not limited to, the Pennsylvania Department of Environmental Protection or the United States Environmental Protection Agency.
C. 
Duty to cooperate. Owners shall cooperate with the City or Sewer Authority with regard to any inspection described herein.
Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Streets, sidewalks and all other public property disturbed in the course of installation of a building sewer shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to the City.
[Amended 6-10-2013 by Ord. No. 827; 3-10-2014 by Ord. No. 835]
If any person fails or refuses, upon receipt of a notice from the City or the Sewer Authority, in writing, to remedy any unsatisfactory conditions with respect to a building sewer within 45 days of receipt of such notice, the City or the Sewer Authority may refuse to permit such person to discharge sanitary sewage and industrial wastes into the sewer system until such unsatisfactory conditions shall have been remedied to the satisfaction of the City and the Sewer Authority.
The City reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with a sewer and the sewer system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as a part of this article.
[Amended 6-10-2013 by Ord. No. 827; 3-10-2014 by Ord. No. 835]
Any person who violates provisions of this article, or fails to comply with any of the requirements thereof, shall be subject to penalties as prescribed by state and federal law, including, but not limited to, equitable or injunctive relief as well as civil penalties, fees and costs as provided by local, state or federal law.
[Added 9-12-1994 by Ord. No. 523; 6-10-2013 by Ord. No. 827]
A. 
With regard to all combined sewer systems located within the City of Pottsville:
(1) 
Dry weather overflows are prohibited.
(2) 
Construction of new combined sewers is prohibited.
(3) 
Inflow sources into sanitary sewers tributary to the combined system are prohibited.
(4) 
Motor oil and excessive grease into the sewer system is prohibited.
B. 
With regard to all areas within the City of Pottsville where stormwater and sewage have been separated in accordance with the directives of state and federal agencies, all owners must disconnect or separate stormwater drainage of any type from the sewer connection, as directed by the City of Pottsville or the Sewer Authority.
It is declared that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of the City.
[Amended 12-12-1994 by Ord. No. 526; 6-10-2013 by Ord. No. 827]
Any person who violates provisions of this article, or fails to comply with any of the requirements thereof, shall be subject to penalties as prescribed by state and federal law, including, but not limited to, equitable or injunctive relief as well as civil penalties, fees and costs as provided by local, state or federal law.
[Adopted 6-28-1978 by Ord. No. 240-78]
No person shall install an individual or community sewage disposal system or construct any building in the City of Pottsville, Schuylkill County, Pennsylvania, in which an individual or community sewage disposal system is to be installed or make repairs to any sewage disposal system without first obtaining a permit indicating that the site, plans and specifications of such system are in compliance with Act No. 537, entitled "Pennsylvania Sewage Facilities Act," its supplements and amendments, and the rules and regulations adopted pursuant to said Act No. 537, its supplements and amendments.[1]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[Amended 7-10-2006 by Ord. No. 738]
The following fees for services indicated are hereby established and are to remain in full force and effect until such time as the City, by subsequent resolution, may adopt a new or additional schedule of fees and costs.[1]
A. 
Single-family residences (excluding pressure dosed systems):
Site investigation and soil pit analysis
$180.00
Percolation testing
$440.00
Design review, permit issuance and final inspection
$180.00
$800.00
Resubmission of design
$77.00
Call back for final inspection (first inspection not approved)
$160.00
B. 
Single-family residences requiring pressure dosing (excluding elevated sand trenches and alternate sand mound beds):
Site investigation and Soil Pit Analysis
$180.00
Percolation testing
$440.00
Design review, permit issuance and final inspection
$310.00
$930.00
Resubmission of design
$77.00
Call back for final inspection (first inspection not approved)
$160.00
C. 
Single-family residences (elevated sand trenches and alternate beds):
Site investigation and soil probe analysis
$180.00
Percolation testing
$440.00
Design review, permit issuance and final inspection
$346.00
$966.00
Resubmission of design
$160.00
Call back for final inspection (first inspection not approved)
$160.00
D. 
Single-family residences, holding tank: $346.
E. 
Planning module review:
Component 1
$160.00
All others
$77.00/hour
F. 
Permit transfer: $77.
G. 
Complaints and malfunctioning systems: $77/hour.
H. 
Repair permits: $160.
I. 
All commercial, business, multifamily units and subdivisions shall be billed at a fee of $77/hour.
J. 
All work not covered in the above will be billed at a fee of $77/hour.
K. 
Application for any system must include a completed PADEP application. The minimum fee of $180, payable to the City of Pottsville, must accompany all applications. Payment of fees shall be made by certified check, money order or equal to the Sewage Enforcement Officer, payable to the City of Pottsville.
L. 
Please note that the above fees do not include the digging of the seven-foot soil probe pit, the individual percolation test holes or initial presoak (eight to 24 hours prior to testing). The percolation test site must be accessible by two-wheel-drive vehicles to within 50 feet. The applicant must provide a backhoe and operator for digging of the probe pit and must also dig the percolation test holes. The applicant must provide a minimum of 50 gallons of water at each percolation test site.
M. 
Fees must be paid in full prior to release of permits/test results.
[1]
Editor's Note: Any resolutions updating said fees are on file in the City offices; fees contained in § 180-23 may not be current.
[Amended 12-12-1994 by Ord. No. 526]
Any person who shall violate the provisions of this article shall be sentenced to pay a fine of not more than $600, plus costs of prosecution, or, in default thereof, shall be committed to the county jail for not more than 90 days.