Unless the context specifically indicates otherwise,
the meaning of terms used in this Part 2 shall be as follows:
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 water course, 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
Township.
Any person vested with ownership, legal or equitable, sole
or partial, of any property situated in the Township.
Any individual, partnership, company, association, society,
corporation or other group or entity.
A sewer which is part of the sewer system 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 the outer building wall or foundation wall to its connection
with the lateral sewer or house connection, sewage ejector and/or
pumping stations, sewer force mains, and all appurtenant facilities
operated by the Township in furnishing sewage service.
Sewer mains, lateral sewers from a sewer main to service
line.
The Township of West Whiteland, Chester County, Pennsylvania.
An engineer employed by the Township or an authorized member
of his staff.
A.Â
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 Township, or unless such discharge is pursuant to a permit issued by the Pennsylvania Department of Environmental Protection, to discharge or permit the discharge of any sanitary sewage or industrial waste into any natural outlet in the Township.
B.Â
Each owner of any occupied building situate 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 said sewer and is accessible thereto, shall at
his own expense install suitable sanitary facilities therein and connect
such facilities directly with such sewer in accordance with the provision
of this Part 2 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 Part 2, and
the Board of Supervisors of the Township or its agents may enter upon
such property and construct such connection. In such case, the Board
of Supervisors 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 Board of Supervisors 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 Board of Supervisors determines that connecting such
building would result in an overloading of sewage treatment facilities.
C.Â
No privy, privy vault, cesspool, sinkhole, septic
tank or similar receptacle shall be connected with the sewer system
at any time. Each such 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 Township, shall be
cleansed and filled under its direction and supervision; and any such
privy, privy vault, cesspool, sinkhole, septic tank or similar receptacle
not so abandoned and, if required by the Township, cleansed 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.Â
There is hereby reserved to the Township 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 Township or the Township Engineer, to be harmful
to the sewer system or to have a deleterious effect on sewage treatment
processes or to be in injurious to personnel operating the sewer system.
The Township Engineer and other duly authorized
representatives or employees of the Township 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 Part 2.
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 subsurface water into the sewer system contrary to
or in violation of this chapter which, inter alia, prohibits discharge
of certain wastes into the sewer system and provides for rules and
regulations.
[Amended 6-10-1997 by Ord. No. 257]
Any person, firm or corporation who violates
or permits the violation of any provision of this article shall be
subject to a fine in the amount of at least $25, but not to exceed
$1,000, plus all court costs, including reasonable attorney fees incurred
by the Township. Each twenty-four-hour period during which a violation
of this article continues shall constitute a separate offense. Upon
a finding of liability for committing said violation or permitting
said violation, in a civil enforcement proceeding commenced by the
Township, the defendant shall pay the fine plus costs and attorney
fees. No judgment shall be imposed until the date of determination
of a violation by a District Justice. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Rules of Civil Procedure.
[Amended 1-28-2015 by Ord. No. 420]
All persons, firms, corporations and property owners desiring to engage the work of installing sewer laterals, service lines and connections to the municipal sewer system of West Whiteland Township (hereinafter called "contractors") shall first be required to register with the Township. The annual fee for registration under this article shall be determined in Article V, Plumbing, of Chapter 129, Uniform Construction Code. Any property owner deemed qualified by the Township shall be permitted to do the necessary construction on his own property only in accordance with standards set forth in applicable regulations, and, in such instances, the fee for registration specified in this article shall be waived.
Contractors and property owners shall be required
to obtain a permit for each connection made to the public sewer main.
Each applicant, other than a property owner
doing his own work, shall be required, before obtaining any permits,
to post a performance bond satisfactory to West Whiteland Township
guaranteeing that all work shall be performed in accordance with applicable
regulations and completed in a good and workmanlike manner. The performance
bond shall ensure an amount equal to, or greater than, $800 for each
permit being applied for. As connections are completed (including
backfilling, grading, and other work under contract) and approved
by the Township Engineer, additional permits may be obtained up to
the amount ensured under the performance bond. Each applicant shall
also furnish certificate(s) of insurance with minimum limits as follows:
A.Â
Liability insurance coverage. Minimum liability insurance
requirements shall include $300,000 for each occurrence of bodily
injury and $50,000 for each occurrence of property damage; property
damage to include coverage for underground property damage.
Each sewer lateral, service line and connection
shall be subject to inspection at any and all times during the construction
by the Township Inspector, who shall be a person or firm designated
by resolution of the Board of Supervisors of West Whiteland Township.
Specifically, the Township shall be notified in writing by the contractor
when any tap shall be made and prior to any backfilling operation.
Failure to so notify the Township and/or failure to obtain written
approvals of the Township for work completed at such stages as he
may direct shall be cause for denial of 1) final approval, and 2)
release under the performance bond.
Complaints filed in writing at the West Whiteland
Township office concerning work performed or failure to meet contract
commitments by a contractor under this article shall be investigated
by the Township Inspector which shall determine the validity of such
complaints and file a report of findings with the Board of Supervisors.
Failure of any contractor to rectify within 10 days any complaint
considered valid by the Township Inspector shall because for denial
of additional permits and/or registrations by West Whiteland Township
to the subject contractor.
[Amended 6-10-1997 by Ord. No. 257]
Any person, firm or corporation who violates
or permits the violation of any provision of this article shall be
subject to a fine in the amount of $1,000, plus all court costs, including
reasonable attorney fees incurred by the Township. Upon a finding
of liability for committing said violation or permitting said violation,
in a civil enforcement proceeding commenced by the Township, the defendant
shall pay the fine plus costs and attorney fees. No judgment shall
be imposed until the date of determination of a violation by a District
Justice. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure.
In the event of violation of this article, any
individual duly authorized by resolution of the Board of Supervisors
of West Whiteland Township may enforce this article and issue a citation
for a violation thereof.
