Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
Derry Township Sanitary Sewer Authority, a Pennsylvania municipality
authority.
The extension from the sewage drainage system of any structure
to the lateral of a sewer.
A system of piping, tanks or other facilities serving two
or more lots and collecting, treating and disposing of sewage into
a soil absorption area or retaining tank located on one or more of
the lots or at another site.
Any system, whether publicly or privately owned, for the
collection of sewage or industrial wastes of a liquid nature from
two or more lots, and the treatment and/or disposal of the sewage
or industrial waste on one or more lots or at any other site.
Any property located within the Township upon which there
is erected a structure intended for continuous or periodic habitation,
occupancy or use by human being or animals and from which structure
sanitary sewage and/or industrial wastes shall be or may be discharged.
An individual sewage system which uses a system of piping,
tanks or other facilities for collecting, treating and disposing of
sewage into a soil absorption area or spray field or by retention
in a retaining tank.
A system of piping, tanks or other facilities serving a single
lot and collecting and disposing of sewage in whole or part into the
soil or into any waters of the Commonwealth of Pennsylvania or by
means of conveyance to another site for final disposal.
Any room, group of rooms, building or other enclosure used
or intended for use in the operation of one business enterprise for
manufacturing, processing, cleaning, laundering or assembling any
product, commodity or article, or from which process waste, as distinct
from sanitary sewage, shall be discharged.
Any and all wastes discharged from an industrial establishment
other than sanitary sewage.
That part of the sewer system extending from a sewer to the
curbline or, if there shall be no curbline, to the property line 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.
The Township of Derry, Mifflin County, Pennsylvania, sometimes
referred to as "Derry Township."
Any system for the disposal of sewage involving pretreatment
and subsequent disposal of clarified sewage into the soil for final
treatment and disposal, including both individual and community sewage
systems.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity.
Normal water-carried household and toilet wastes from any
improved property.
Any pipe, main or conduit constituting a part of the sewer
system used or usable for sewage collection purposes.
That permit issued before any person, firm, association,
corporation or other entity may erect, construct, alter, or extend
any sewage disposal system of any kind within the corporate limits
of Derry Township, Mifflin County, Pennsylvania.
All facilities, as of any particular time, for collecting,
pumping, transporting, treating or disposing of sanitary sewage and/or
industrial wastes, owned or to be owned by the Authority and to be
leased to the Township for operation and use.
The Township of Derry, Mifflin County, Pennsylvania, a Pennsylvania
municipality, sometimes referred to as Derry Township, acting by and
through its Board of Supervisors or, in appropriate cases, acting
by and through its authorized representatives.
It shall be unlawful for any person, firm, association or corporation
or other entity, to erect, construct, alter, or extend any sewage
disposal system of any kind within the corporate limits of Derry Township,
Mifflin County, Pennsylvania, unless a permit so to do shall first
be secured as provided herein.
All applications for permits shall be made to the Township Secretary
or the Authority Secretary, who shall refer such application to the
permit officer or enforcement official designated by the Board of
Supervisors of the Township or the Authority, as applicable.
The permit officer or enforcement officer shall issue a permit
upon compliance by the applicant with the provisions of the Pennsylvania
Sewage Facilities Act, Act of January 24, 1966, P.L. (1965) 1535,
§ 1 et seq., as amended (35 P.S. § 750.1 et seq.,
as amended), and any regulations adopted thereunder, all of which
are hereby incorporated and made a part of this chapter; provided,
however, that the provision of said Act and the regulations adopted
thereunder shall apply in every case regardless of the size lot or
area to be served by the sewage system and notwithstanding any limitations
to the contrary in said Act and any regulations adopted thereunder.
Applications for permits shall be in writing, shall be signed
by the applicant, and shall be on the standard form adopted by or
prescribed by the Pennsylvania Department of Environmental Protection
(PADEP), or successor agency.
The fee charged for the application required herein shall be
$50 and shall be paid by the applicant to the Township Secretary or
Authority Secretary, as determined per agreement of the Township and
the Authority, at the time of filing of the application. The fee shall
be used to defer in part the cost of processing the application and
conducting the tests required for the granting of the permit, and
for inspection, including building sewers and traps, bends, vents,
cleanouts, and shall not be refunded to the applicant in the event
that a permit is not granted.
Any person, firm, association, partnership, corporation or other
entity violating any of the provisions of this article shall be guilty
of a summary offense and, upon conviction thereof before any Magisterial
District Judge of appropriate jurisdiction, shall be fined not less
$500 nor more than $1,000, and costs of prosecution, and, in default
of payment of said fine and costs may be sentenced to imprisonment
for a term not exceeding 90 days. Each day's continuation of
a violation of such provisions shall constitute a separate and distinct
offense and violation.
The Township or the Authority, as applicable, by means of a
complaint in equity, may compel any person, firm, association, partnership,
corporation or other entity violating any of the provisions of this
article to comply with the terms of any notice of violation, or the
Township may otherwise seek any such other relief as any court of
competent jurisdiction is empowered to afford.
A violation of Section 7 of the Pennsylvania Sewage Facilities
Act, as amended, 35 P.S. § 750.7, as amended, or the discharge
of untreated or partially treated sewage to the surface of the ground
or into the waters of the Commonwealth of Pennsylvania, except as
approved by PADEP, or successor agency, under Sections 202 and 207
of the Act of June 22, 1937, P.L. 1987, No. 394, as amended (35 P.S.
§§ 691.202 and 691.207, respectively, as amended),
known as the "Clean Streams Law," or permitted by the local agency
pursuant to of the Pennsylvania Sewage Facilities Act, Section 7.3,
as amended (35 P.S. § 750.7c, as amended), shall constitute
a nuisance and shall be abatable in the manner provided by law all
per the Pennsylvania Sewage Facilities Act, Section 14, as amended
(35 P.S. § 750.14, as amended).
The Township or Authority, as applicable, upon written notice
from the municipal Sewage Enforcement Officer or other municipal enforcement
official that an imminent health hazard exists due to failure of a
property owner, after written notice, to maintain, repair or replace
an on-lot sewage disposal system or a building sewer, as provided
under the terms of this article, shall have the authority to enter
upon the premises and to perform or contract to have performed the
work required to be performed. The property owner shall be charged
with the work performed in an amount equal to the actual cost thereof.
The Township or the Authority, as applicable, shall send an itemized
bill of the cost of such construction, maintenance, repair or replacement,
which shall be payable within 30 days of the date thereof by the owner.
In the case of the failure of the owner of the improved property to
pay said bill, the Township or the Authority, as applicable, shall
collect the bill by instituting a civil action (formerly known as
an action "in assumpsit") in a court of appropriate jurisdiction or
by the filing of a municipal claim as a municipal lien and collecting
the bill, together with attorneys' fees as permitted by law,
out of pocket and administrative costs incurred by the Township or
the Authority, as applicable, pursuant to the Municipal Claims and
Liens Law, 53 P.S. § 7101 et seq., as amended, and a municipal
lien shall be entered of record in accordance with law.
