Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows:
AUTHORITY
Derry Township Municipal Authority, a Pennsylvania municipal authority.
BUILDING SEWER
The extension from the sewage drainage system of any structure to the lateral of a sewer.
IMPROVED PROPERTY
Any property located within the Township 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 and/or industrial wastes shall 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 one business enterprise for manufacturing, fabricating, processing, cleaning, laundering or assembling of any product, commodity or article, or from which process waste, as distinct from 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 sewage.
LATERAL
That part of the sewer system extending from a sewer to a point three feet beyond the curbline or, if there shall be no curbline, then to a point beyond the paved surface of the road to be determined by the consulting engineer 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 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.
SEWAGE
Normal water-carried household and toilet wastes from any improved property.
SEWER
Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes.
SEWER SYSTEM
All facilities, as of any particular time, for collecting, pumping, transporting, treating or disposing of sewage and industrial wastes to be owned by the Authority.
TOWNSHIP
The Township of Derry, Dauphin County, Pennsylvania, a municipality acting by and through its Board of Supervisors or, in appropriate cases, acting by and through its authorized representatives.
The owner of any improved property accessible to and whose principal building is within 150 feet from the sewer system, shall connect such improved property therewith, in such manner as the Township may require, within 60 days after notice to such owner from the Township to make such connection, for the purpose of discharge of all sewage and industrial wastes from such improved property, subject to such limitations and restrictions as shall be established in this article or otherwise shall be established by this Township from time to time.
No person shall place or deposit or permit to be placed or deposited upon public or private property within the Township any sewage or industrial wastes in violation of § 161-8 of this article. No person shall discharge or permit to be discharged to any natural outlet within the Township any sewage or industrial wastes in violation of § 161-8, except where suitable treatment has been provided which is satisfactory to the Township.
A. 
No privy, vault, cesspool, sinkhole, septic tank or similar receptacle shall be used and maintained at any time upon any improved property which has been connected to a sewer or which shall be required under § 161-8 of this article to be connected to a sewer.
B. 
Every such privy, vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of the Township, shall be cleansed and filled under the direction of the Township, and any such privy, vault, cesspool, septic tank or similar receptacle not so abandoned and, if required by the Township, 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 the Township to make a connection to a sewer, referred to in § 161-8 of the article, 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 60 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 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 certified mail or by such other method as at the time may be provided by law.
If the owner of any improved property, located in the Township and accessible to and whose principal building is within 150 feet from the sewer system, after 60 days notice from the Township, in accordance with § 161-8 of this article, shall fail to connect such improved property, as required, the Township may make such connection and may collect from such owner the costs and expenses thereof. In such case, the Township shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the owner of the improved property; as required, the Township may make such connection and may collect from such owner the costs and expenses thereof. In such case, the Township shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the owner of the improved property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such improved property to pay said bill, the Township shall file a municipal lien for said construction within six months of the date of the completion of the construction of said connection, the same to be subject in all respects to the general law provided for the filing and be recovery of municipal liens. Nothing in this section shall be construed to prevent or excuse the imposition of a fine or fines for violation of this article.
No person, firm or corporation shall connect or permit to be connected to the sewer system of the Derry Township Authority any lateral or other type of sewage service line unless prior to said connection a notice to connect shall have been received from the Derry Township Municipal Authority and the owner of the property to be connected shall have applied for and had issued a connection permit in accordance with the rules and regulations of the Derry Township Municipal Authority.
No person, firm or corporation shall deposit of discharge or permit to be deposited or discharged to the sewer system of the Derry Township Municipal Authority any sewage or industrial waste except through facilities connected to the sewer system of the Derry Township Municipal Authority pursuant to the requirements of § 161-15 of this article.
Nothing in this article shall be construed to affect the manner in which the connections have heretofore been made or will hereafter be made to the facilities owned by the Hershey Sewerage Company so long as said company owns and operates sewerage collection and treatment facilities within Derry owns and operates sewerage collection and treatment facilities within Derry Township.
Where an improved property, at the time connection to a sewer is required, shall be 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.
If any person shall fail or refuse, upon receipt of a notice of the Township, in writing, to remedy any unsatisfactory condition with respect to a building sewer, within 60 days of receipt of such notice, the Township may treat such refusal in the same manner as though the owner had failed to connect to the sewer system, and may proceed to remedy the condition and collect the cost thereof as provided in § 161-14 of this article.
Notwithstanding any of the terms of this article, connection to the sewer system of the Derry Township Municipal Authority shall at all times be subject to such rules and regulations relating thereto as shall be adopted by resolution of the Authority, and failure to observe and comply with such rules and regulations relating thereto as shall be adopted by resolution of the Authority shall be a violation of this article.
Notwithstanding the Department of Labor requirements under the Occupational Safety and Health Act, the excavation trench which exposes the Authority's lateral tee must be adequately shored to prevent the undermining of curbs, streets and/or roads. Such work is to be at the cost and expense of the owner of the improved property being connected to the Authority's lateral tee.
[Amended 3-14-2006 by Ord. No. 553]
Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
It is declared that enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of the Township.