[Adopted 9-26-1979 as Ch. 33, Art. II, Div. 1,
of the 1979 Code]
[Amended by Ord. No. 54-1984]
Unless the context specifically and clearly indicates otherwise, the
meanings of the terms used in this article shall be as follows:
The Sewer Authority of the City, a Pennsylvania municipality authority.
The Borough of Dunmore, Lackawanna County, Pennsylvania.
The extension from the sewage drainage system of any improved property
to the lateral of a sewer.
Any property 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 sewage or industrial wastes shall
be or may be discharged.
Any nonresidential establishment discharging industrial wastes.
That part of the sewer system extending from a sewer to the curbline,
or if there be no curbline, to the edge of the pavement or to the edge of
the cartway, if not paved, 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 thereto of any building sewer.
Any establishment now or hereafter served by the sewer system other
than a residential establishment.
Any person vested with ownership, legal or equitable, sole or partial,
of any property located in the City.
Property which abuts on, or adjoins, either the sewer system or any
part thereof, or any street, road, alley or way in which there is a sewer.
Any establishment used wholly or in part for residential purposes.
Normal water-carried household and toilet wastes from any residential
establishments and nonresidential establishments.
Any pipe or conduit constituting part of the sewer system used or
usable for sewage collection purposes.
All the facilities now or hereafter owned by the Authority and now
existing or hereafter to be constructed in the City and in the borough for
the collection and treatment of sanitary sewage and acceptable industrial
wastes emanating from the City and borough.
The Pennsylvania Gas and Water Company serving water in the City
and borough.
A.
The City hereby authorizes and directs that the existing
sewer system be conveyed, free and clear of all liens and encumbrances, to
the Authority, and the proper officers of the City are hereby authorized to
execute a deed or deeds in the name and on behalf of the City and to affix
thereto the Seal of the City and to acknowledge the same on behalf of the
City and make delivery thereof to the Authority and to do such other acts
and things as may be necessary and proper to accomplish the conveyance referred
to herein.
B.
The City hereby grants to the Sewer Authority of the
City, all and every easement, right-of-way and any and all other rights necessary
or desirable on, over and under the public streets, sidewalks and alleys in
the City, for the purposes of construction of the sewer system and any portion
thereof.
A.
All persons owning any improved property accessible to
the sewer system shall, at their own expense, connect such improved property
with the sewer system within 45 days after written notice to such persons
from the City requiring such connection.
B.
All persons owning any property accessible to the sewer
system upon which a building is hereafter erected which shall cause the property
to become improved property shall, at the time of the erection of such building
and at their own expense, connect the same with the sewer system.
C.
All persons owning any improved property which hereafter
becomes accessible to the sewer system shall, at their own expense, connect
such property with the sewer system within 45 days after written notice to
do so from the City.
After the expiration of the applicable period specified in § 383-5, if any, if the owner of improved property accessible to the sewer system shall have failed to connect such property with the sewer system as required by § 383-5, the City shall cause to be served on the owner of such property, so failing to connect, and also upon the occupants of the buildings in question, a written or printed notice requiring such connection to be made, and such notice shall further state that the requirements of this article shall be complied with within not less than 30 days from the date thereof.
There is hereby imposed upon each owner of property connecting to the
sewer system after the effective date of the ordinance from which this section
was derived a connection charge of $25 for each connection to be made to a
lateral of the sewer system at the curbline or edge of road or right-of-way
line, where there is no curbline, or other place in a sewer which shall be
provided for connection of any building sewer. Such connection charge shall
be payable upon application for permit to make such connection.
A.
In all cases where lateral or main sewers are constructed
by the City, no parties shall be allowed to connect with the same until the
assessment against the lot with which connection is to be made has been paid.
No such connection shall be made without a permit from the Director of the
Department of Public Works, whose duty it shall be to see that this provision
is enforced.
B.
However, if the Director of the Office of Public Health
shall certify that sanitary conditions require immediate connection with the
sewer, a permit shall be issued for such connection without the assessment
first being paid.
In cases where corner lots have been divided so that an owner of part
of such lot does not front upon the line of the sewer, he may be allowed to
connect through the portion of such lot as fronts upon such sewer by paying
a proportionate share of the assessment of the portion of lot fronting on
the sewer and obtaining the permission of the owner of such fronting portion.
Connection through any other lot than such portion of the original shall not
be permitted except by special permission of Council and the Mayor.
Property owners in one sewer district shall not be permitted to connect
with a sewer in any other district except for temporary convenience, and then
only by permission of Council. It shall be the duty of the Director of the
Department of Public Works to see that this section is enforced.
A.
It shall be unlawful for any person owning any property accessible to the sewer system to erect, construct, use or maintain or cause or permit to be erected, constructed, used or maintained, any privy, cesspool, sinkhole, septic tank or other receptacle on such premises for receiving sewage, after the expiration of the particular period specified in § 383-5 or at any time to erect, construct, use or maintain any pipe, conduit, drain or other facility for the discharge of sewage except into the sewer system. It shall be unlawful for any person to make a connection to the sewer system from any cesspool, privy, vault, cistern or other depository.
B.
Any person who erects, constructs, uses or maintains
a privy, cesspool, sinkhole, septic tank or other receptacle for receiving
sewage, or erects, constructs, uses or maintains any pipe, conduit, drain
or other facility for the discharge of sewage, in violation of this article,
shall be deemed and shall be declared to be erected, constructing, using and
maintaining a nuisance, which nuisance the City by its proper officers is
hereby authorized and directed to abate in the manner provided by law.
No connection shall be made to the sewer system except in compliance
with the ordinances and resolutions, as well as the rules and regulations
as may from time to time be enacted, adopted, approved or promulgated by the
City. No connection shall be made, nor shall any connection continue to the
sewer system for the purposes of discharging sewage or industrial wastes[1] or both therefrom which would impede, prejudicially affect, interfere
with or endanger the sewer system, or any part thereof, or the functioning
of the processes of sewage treatment or which would create a hazard to human
or animal life or to the waters receiving treatment effluent.
