Unless the context specifically indicates otherwise, the meaning of terms used in this Part 2 shall be as follows:
LATERAL SEWER or SERVICE CONNECTION
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.
NATURAL OUTLET
Any outlet into a water course, ditch, pond, lake or other body of surface or ground water.
OCCUPIED BUILDING
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.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property situated in the Township.
PERSON
Any individual, partnership, company, association, society, corporation or other group or entity.
SANITARY SEWER
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.
SERVICE LINE or HOUSE CONNECTION
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 SYSTEM
Sewer mains, lateral sewers from a sewer main to service line.
TOWNSHIP
The Township of West Whiteland, Chester County, Pennsylvania.
TOWNSHIP ENGINEER
An engineer employed by the Township or an authorized member of his staff.
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 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. 
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. 
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. 
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.
[1]
Editor's Note: See also Ch. 247, Public Property, Protection of.
[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.
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. 
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.