[Adopted 11-17-1988 by Ord. No. 1988-2]
Unless the context specifically and clearly
indicates otherwise, the meaning of the terms used in this article
shall be as follows:
Abbottstown-Paradise Joint Sewer Authority, a Pennsylvania
Municipality Authority.
Abbottstown Borough, Adams County, Pennsylvania.
The extension from the sewage drainage system of any structure
to the lateral or service connection of a sewer.
Any property located within Abbottstown Borough, Adams County,
or the Township of Paradise, York County, or the Townships of Berwick
and Hamilton, Adams County, and within the area served by the Authority
upon which there is erected a structure or structures intended for
continuous or periodic habitation, occupancy or use by human beings
or animals and from which structure or structures sewage and/or industrial
wastes shall be or may be discharged.
Any solid, liquid or gaseous substance 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, excluding
any groundwater, surface water or stormwater.
That part of the sewer system extending from a sewer to a
point behind the curbline or, if there shall be no curbline, to a
point behind the curbline projected or property line, road right-of-way
line, sewer right-of-way or easement line.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property located within the area served
by the Authority.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity, public or private.
That portion of, or place in, a sewer, in those cases where
no lateral is provided, which is provided for connection of any building
sewer.
Normal water-carried household and toilet wastes from any
improved property, excluding any groundwater, surface water or stormwater.
Any pipe or conduit constituting a part of the sewer system
used or usable for sewage collection purposes.
All facilities, as of any particular time, for collection,
pumping, treating and disposing of sewage and industrial wastes.
Any street, road, lane, court, alley and public square.
A.
Improved properties to be connected to accessible
sewers. The owner of any improved property situate within Abbottstown
Borough and within the area served by the Authority, which is benefited,
improved or accommodated by a sanitary sewer constituting a part of
the sewer system owned and operated by Abbottstown-Paradise Joint
Sewer Authority shall connect such improved property with such sewer
system, in such manner as the Authority may require, within 60 days
after notice to such owner from the Authority to make such connection,
for the purpose of discharge of all sewage and, to the extent permitted
by said Authority, industrial wastes from such improved property,
subject to such requirements, limitations, restrictions, rules and
regulations, and subject to the payment of such charges, as shall
be established by said Authority from time to time by resolution,
and/or rules and regulations adopted pursuant to such resolution;
provided, however, that no new connections to the sewer system shall
be required or permitted unless adequate capacity (not legally committed
to other users), exists in the sewer system to convey and treat the
wastes to be contributed by such new connection.
B.
Sewage and certain industrial wastes to be discharged into sewers. All sewage and, to the extent permitted by the Authority, industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under § 169-11A, shall be discharged into such sewer, subject to such limitations and restrictions as shall be established herein or by the Authority, as aforesaid, from time to time.
C.
D.
Unlawful discharge of stormwater, etc. No person shall
discharge or cause to be discharged any stormwater, surface water,
groundwater, roof runoff or subsurface drainage into any sewer.
E.
Certain receptacles not to be used on improved property
accessible to sewer; abandonment of such receptacles.
(1)
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 § 169-11A to be connected to a sewer, except that with the approval of the Authority such receptacle may continue to be used and maintained solely for the purpose of receiving the discharge of water other than sewage from a basement floor drain and/or other surface of subsurface drainage facility. Under appropriate circumstances, and with the written approval of the Authority, existing septic tanks may continue to be used and maintained for the purpose of receiving the discharge of sewage from existing basement facilities where the sewer provided by the Authority does not permit the discharge of sewage from such facility by gravity and so long as such septic tank is operable and has not malfunctioned.
(2)
Every such privy vault, cesspool, sinkhole, septic
tank or similar receptacle in existence shall be abandoned and, at
the discretion of the Authority, shall be cleansed and filled under
the observation of the Authority; and any such privy vault, cesspool,
sinkhole, septic tank or similar receptacle not so abandoned and,
if required by the Authority, not so 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.
(3)
Certain receptacles and drainage facilities not to
be connected to sewer. No privy vault, cesspool, sinkhole, septic
tank or similar receptacle at any time shall be connected to a sewer.
No surface or subsurface drainage facility shall at any time be connected
to a sewer.
F.
Notice to connect; service. The notice by the Authority to make a connection to a sewer referred to in § 169-11A shall consist of a written or printed document requiring such connection and may be given at any time after a sewer is in place which can receive and convey sewage and to the extent permitted by the Authority, industrial wastes, for treatment and disposal from the particular improved property. Such notice shall be served upon the owner by the Authority, either by personal service or by certified or registered mail or by such other method as at the time may be provided by law.
A.
Permit to connect to sewer required. No person shall
uncover, connect with, make any opening into or use, alter or disturb
in any manner any sewer or any part of the sewer system without first
obtaining a sewer connection permit, in writing, from the Authority.
B.
Application by owner. Application for a permit required under § 169-12A shall be made by the owner of the improved property served or to be served.
C.
Certain conditions to be met prior to making of connection
to sewer. No person shall make or cause to be made a connection of
any improved property with a sewer until such person shall have fulfilled
each of the following conditions:
(1)
Such person shall have notified the Authority of the
desire and intention to connect such improved property to a sewer.
(2)
Such person shall have applied for and obtained a permit as required by § 169-12A of this article and shall have paid all required permit and/or inspection fees.
(3)
Such person shall have given the Authority at least
72 hours' notice of the time when such connection will be made so
that the Authority may observe and inspect the work of connection
and necessary testing.
(4)
Such person shall have furnished satisfactory evidence
to the Authority that any tapping fee or connection charge imposed
by resolution of the Authority and/or reserve rental charges or fees
imposed by resolution of the Authority against the owner of each improved
property who connects such improved property to a sewer has been paid,
or in those cases where the developer connects the building sewer
into the sewer system and no tapping fee is charged, that all required
permit and/or inspection fees to cover the cost of inspection of each
improved property so connected have been paid, or that adequate bond
or surety has been provided to insure payment thereof.
A.
Penalty for violation. Any person who shall violate
any of the provisions of this article shall, upon conviction thereof
in a summary proceeding before a Magisterial District Judge, be sentenced
to pay a fine of not more than $600, together with costs of prosecution,
and in default thereof, to undergo imprisonment for a period not exceeding
30 days. Each day that a violation shall continue shall be deemed
and shall be taken to be a separate offense and shall be punishable
as such.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Enforcement and recovery of fines and costs. Fines
and costs imposed under provisions of this article shall be enforceable
and recoverable in the manner at the time provided by applicable law.
