After satisfactory completion of construction
of the sewer improvements, the developer shall submit a completed
deed of dedication in a format acceptable to the Authority for the
conveyance of interest in sewer improvements. Construction shall not
be considered complete until the final paving has been installed or
suitable ground cover has been established as applicable. The developer
or the Authority's representative shall promptly record the deed(s)
of dedication after approval of a resolution of acceptance by the
Authority Board at a regular meeting.
[Amended 10-22-2015 by Res. No. 15-10-003]
B.
Information used for record plans. Record plans shall be developed
using the following information:
(1)
Contractor's lateral sewer record plan information.
(2)
Survey information collected by the developer's engineer within 60
days upon construction and final inspection. The developer's engineer
shall survey the constructed improvements and forward the record plans
to the LASA engineer. The costs associated with this survey shall
be borne by the developer.
A.
Construction.
(1)
After construction commences, the applicant shall
be responsible for coordination of construction observation activities
with the Authority.
(2)
Refer to Appendix BA, for the hourly rate listed for
LASA inspectors. The rate charged for a duly authorized representative
of the Authority shall be at the representatives' prevailing hourly
rate.
(3)
Inspection during construction. The construction of
sewer improvements shall at all times be subject to inspection by
the Authority or its authorized representative. Construction and testing
of all sewer improvements shall be performed in the presence of Authority
personnel or a duly authorized representative of the Authority with
the exception of final grading, seeding, and/or paving. No pipes,
manholes, or other facilities shall be backfilled, nor shall any testing
be performed, unless a duly authorized LASA representative is present.
If the developer fails to comply with this requirement, LASA reserves
the right to require the developer to uncover the facilities so that
proper inspection and retesting can be performed. The developer is
responsible for coordinating construction activities and required
inspections. A twenty-four-hour notice is required for all inspections.
B.
Final inspection. A final construction inspection
will be performed after vegetative cover is well established and/or
after final paving has been completed, as applicable. The developer
shall be responsible for requesting the final construction inspection.
A seven-calendar-day notice is required for final construction inspection.
The Authority will issue an approval letter if all completed work
is in accordance with these Rules and Regulations.
Technical specifications for materials, equipment, installation and testing of sewer extension construction are included as Chapter 150, Technical Specifications.
[Amended 10-22-2015 by Res. No. 15-10-003]
A.
Any person who discharges or causes to be discharged any of the substances described in Chapter 125, Article V, or elsewhere in this Chapter 125 in violation of these Rules and Regulations shall, upon notice from the Authority or its designated representative, have 10 days in which to cease and remedy such violation. If such person remains in violation 10 days following notice from the Authority, then the Authority shall have the right to order the same to disconnect from the sewer system.
B.
The remedies specified in this § 125-37 are cumulative. The election of one remedy shall not bar or prohibit the Authority from invoking any and all additional remedies as provided for in other sections of these Rules and Regulations, or any other remedies that may be available at law or in equity.
[Added 1-24-2013 by Res. No. 13-01-002]
A.
The Authority may require the developer to reimburse it for reasonable
and necessary expenses it incurred as a result of the developers project.
In the event the developer disputes the amount of any billing in connection
with the review of plans, construction inspections, administrative,
legal and engineering services, the developer shall, within 60 days
of the date of billing, notify the Authority that the billing is disputed
as excessive, unreasonable or unnecessary.
B.
If, within 60 days from the date of billing, the Authority and the
developer cannot agree on the amount of billings which are reasonable
and necessary, the developer may request the appointment of another
professional consultant to serve as an arbitrator. The developer and
the Authority whose fees are being challenged shall by mutual agreement
appoint a professional of the same profession or discipline licensed
in Pennsylvanian to review the billings and make a determination as
to the amount of billings which is reasonable and necessary.
C.
The arbitrator shall hear evidence and review the documentation as
deemed necessary and shall render a decision within 50 days of the
date of the arbitrator's appointment.
D.
The developer or the Authority shall pay any amounts required in
the arbitrator's decision within 60 days of the decision.
E.
The fee of the arbitrator shall be paid by the developer if the disputed
fee is upheld by the arbitrator. The fee of the arbitrator shall be
paid by the Authority if the disputed fee is $2,500 or greater than
the payment decided by the arbitrator. The fee of the arbitrator shall
be paid in an equal amount by the developer and the Authority if the
disputed fee is less than $2,500 of the payment determined by the
arbitrator.
F.
In the event that the disputed fees have been paid and the arbitrator
finds that the disputed fees are unreasonable or excessive by more
than $10,000, the arbitrator shall award the amount of the fees found
to be unreasonable or excessive to the party that paid the disputed
fee and impose a surcharge of 4% of the amount found as unreasonable
or excessive to the party that paid the disputed fees.
G.
The Authority or developer shall have 100 days after paying a fee
to dispute any fee charged as being unreasonable or excessive.
