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.
That fee that is authorized to be charged by and imposed
by the Derry Township Sanitary Sewer Authority to each owner of improved
property pursuant to authority granted in and pursuant to the provisions
of the Municipality Authorities Act of 1945, approved May 2, 1945,
P.L. 382, as amended, supplemented and codified, of the Commonwealth
of Pennsylvania, now known as the Municipality Authorities Act, 53
Pa.C.S.A. § 5601 et seq. (the "Authorities Act"), and as
defined therein.
That fee that is authorized to be charged by and imposed
by the Derry Township Sanitary Sewer Authority to each owner of improved
property pursuant to authority granted in and pursuant to the provisions
of the Municipality Authorities Act of 1945, approved May 2, 1945,
P.L. 382, as amended, supplemented and codified, of the Commonwealth
of Pennsylvania, now known as the "Municipality Authorities Act,"
53 Pa.C.S.A. § 5601 et seq. (the "Authorities Act"), and
as defined therein.
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.
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.
Township of Derry, Mifflin County, Pennsylvania, sometimes
referred to as "Derry Township."
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.
That fee that is authorized to be charged by and imposed
by the Derry Township Sanitary Sewer Authority to each owner of improved
property pursuant to authority granted in and pursuant to the provisions
of the Municipality Authorities Act of 1945, approved May 2, 1945,
P.L. 382, as amended, supplemented and codified, of the Commonwealth
of Pennsylvania, now known as the "Municipality Authorities Act,"
53 Pa.C.S.A. § 5601 et seq. (the "Authorities Act"), and
as defined therein.
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.
A.
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 sanitary sewage
and industrial wastes from such improved property, subject to such
limitations and restrictions as shall be established herein or otherwise
shall be established by the Township, from time to time.
B.
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under Subsection A, shall be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by the Township, from time to time.
C.
No person shall place or deposit or permit to be placed or deposited upon public or private property within the Township any sanitary sewage or industrial wastes in violation of Subsection A.
D.
No person shall discharge or permit to be discharged to any natural outlet within the Township any sanitary sewage or industrial wastes in violation of Subsection A, except where suitable treatment has been provided which is satisfactory to the Township.
E.
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 Subsection A to be connected to a sewer. 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 and supervision of the Township; and any such 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 may be abated as provided by law, at the expense of the owner of such improved property.
F.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle
at any time shall be connected with a sewer.
G.
The notice by the Township to make a connection to a sewer, referred to in Subsection A, shall consist of a written or printed document requiring such 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 sanitary 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, return receipt requested, or by such other method as at the time may be provided by law.
A.
No person shall uncover, connect with, make any opening into or use, alter or disturb, in any manner, any sewer or the sewer system without first making application for and securing a permit, in writing, from the Township or the Authority, as required per agreement between them and per Article I hereof.
B.
Application for a permit required under Subsection A shall be made by the owner of the improved property to be served or his/her/its duly authorized agent.
C.
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 Secretary of the Township or
the Secretary of the Authority, as required per agreement between
the Township and 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 this article.
(3)
Such person shall have given the Secretary of the Township or the
Secretary of the Authority, as required per agreement between the
Township and the Authority, at least 24 hours' notice of the
time when such connection will be made so that the Township or Authority,
as applicable, may supervise and inspect the work of connection and
necessary testing.
(4)
Such person shall have furnished satisfactory evidence to the Secretary
of the Township or Authority, as applicable, that any connection fee,
customer facilities fee or tapping fee (sometimes referred to as a
"tappage fee"), as applicable, as then in force, and as charged and
imposed by the Authority against the owner of each improved property
who connects such improved property to a sewer has been paid.
D.
Except as otherwise provided in this Subsection D, each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, and then only after special permission of this Township, in writing, shall have been secured and subject to such rules, regulations and conditions as may be prescribed by this Township and/or Authority, as applicable.
E.
All costs and expenses of construction of a building sewer and all
costs and expenses of connection of a building sewer to a sewer shall
be borne by the owner of the improved property to be connected; and
such owner shall indemnify and save harmless the Township and the
Authority from all loss or damage that may be occasioned, directly
or indirectly, as a result of construction of a building sewer or
of connection of a building sewer to a sewer.
F.
A building sewer shall be connected to a sewer at the place designated
by this Township or by the Authority and where the lateral is provided.
The invert of a building sewer at the point of connection shall be
at the same or a higher elevation than the invert of the sewer. A
smooth, neat joint shall be made and the connection of a building
sewer to the lateral shall be made secure and watertight.
G.
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 § 172-12A, shall fail to connect such improved property, as required, the Township or the Authority, as applicable, may make such connection and may collect from such owner the costs and expenses thereof. In such case, the Township or the Authority, as applicable, 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 within 30 days of the date of the bill. In case of neglect or refusal by the owner of such improved property to pay said bill, the Township or the Authority, as applicable, shall timely file a municipal lien for said construction, maintenance, repair or replacement, the same to be subject in all respects to the general law provided for the filing and recovery of municipal liens, specifically, the Municipal Claims and Liens Law, 53 P.S. § 7101 et seq., as amended, or by a civil action (formerly an action "in assumpsit") in a court of appropriate jurisdiction.
A.
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.
B.
No building sewer shall be covered until it has been inspected and
approved by the Township or by the Authority, as applicable. If any
part of a building sewer is covered before so being inspected and
approved, it shall be uncovered for purposes of inspection at the
cost and expense of the owner of the improved property to be connected
to a sewer.
C.
Every building sewer of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
D.
Every excavation for a building sewer shall be guarded adequately
with barricades and lights to protect all persons from damage and
injury. Streets, sidewalks and other public property disturbed in
the course of installation of a building sewer shall be restored,
at the cost and expense of the owner of the improved property being
connected, in a manner satisfactory to the Township or the Authority,
as applicable.
E.
If any person shall fail or refuse, upon receipt of a notice of the
Township or the Authority, as applicable, in writing, to remedy any
unsatisfactory condition with respect to a building sewer, within
60 days of receipt of such notice, as applicable, the Township or
the Authority, as applicable, may refuse to permit such person to
discharge sanitary sewage and industrial wastes into the sewer system
until such unsatisfactory condition shall have been remedied to the
satisfaction of the Township or the Authority, as applicable.
F.
Where the owner of any improved property is required to connect the
building to the sanitary sewer collection system, the materials and
construction methods used shall be in accordance with the current
rules, regulations, and specifications of the Township of Derry and
the Derry Township Sanitary Sewer Authority, as adopted from time
to time.
G.
Installation; contractor license and insurance requirements.
(1)
Installation of sewer lateral pipe from the building to the Derry
Township or Derry Township Sanitary Sewer Authority, as applicable,
installed lateral or to any other point on the sanitary sewer collection
system must be in complete compliance with all current building and/or
construction codes and Township of Derry and Derry Township Sanitary
Sewer Authority Rules and Regulations. The property owner may install
his/her/its own service connection or may elect to hire another individual
or contractor to perform the work. However, if an outside individual
or contractor is used, this entity shall be licensed in the Commonwealth
of Pennsylvania to do contracting work and shall abide by all current
building and/or construction codes and Township of Derry and Derry
Township Sanitary Sewer Authority Rules and Regulations, as applicable.
(2)
The contractor's license number shall be included on the Derry
Township or Derry Township Sanitary Sewer Authority, as applicable,
sewer permit form where indicated.
(3)
The contractor must purchase and maintain comprehensive general liability
insurance, including contractual liability coverage with minimum limits
of $1,000,000 combined single limit for bodily injury and property
damage as well as workers' compensation insurance, as applicable.
A certificate of insurance evidencing coverage shall be furnished
and copy of same attached to the sewer permit.
H.
Use of the new connection to the sanitary sewer system will not be
permitted until the installation has been inspected, tested and approved
in accordance with current Derry Township and Derry Township Sanitary
Sewer Authority Rules and Regulations.
I.
The designated Derry Township and/or Derry Township Sanitary Sewer
Authority Inspector, as applicable, and/or its/his/her/their designated
agents shall be given at least 24 hours' notice of the time when
the complete lateral pipe will be ready for inspection. The Inspector
shall signify his approval of the aforementioned connection permit
by final signature on the permit.
J.
At the time of inspection of the lateral connection, the owner or
owners of properties shall permit the Inspector full and complete
access to all sanitary sewer and drainage arrangements and facilities
in each building and in and about all parts of the property.
K.
It is the intention of these rules and regulations that the entire
lateral connection be inspected at one time; however, if the property
owner or the Derry Township or the Derry Township Sanitary Sewer Authority
Inspector feels that special conditions warrant more than one inspection,
he may request the same, subject to such additional inspection fees
as the Derry Township and the Derry Township Sanitary Sewer Authority
shall determine.
L.
Inspections; responsibility and warrants.
(1)
Derry Township and the Derry Township Sanitary Sewer Authority and/or
its/their designated agents' inspections are strictly visual
in order to determine that all construction materials and methods
are in compliance with the Township of Derry and the Derry Township
Sanitary Sewer Authority rules and regulations. No measurements are
made, nor are any tests performed to determine grade, watertightness
of the sanitary sewer lateral or that any construction specific elements
are properly performed.
(2)
There may be instances that require the use of air or water to determine
the watertightness of the service lateral, thereto. Derry Township
and the Derry Township Sanitary Sewer Authority reserve its/their
right to do these tests.
(3)
Derry Township and the Derry Township Sanitary Sewer Authority and/or
its/their designated agents are not responsible for actual plumbing
methods, pipe slopes on the property, interior piping alterations,
or any other private plumbing issues and makes no warrants that the
installed private piping system will operate properly.
M.
For the purpose of enforcing the rules and regulations of the Township
of Derry and the Derry Township Sanitary Sewer Authority with respect
to the operation of the sanitary sewer system and for the purpose
of advancing and protecting the public health, the Township of Derry
and the Derry Township Sanitary Sewer Authority reserve the right
to enter upon the premises of any person, firm or corporation connected
to the public sanitary sewer system for the purpose of inspecting
the sanitary sewer facilities located therein and for the purpose
of determining compliance with rules and regulations of the Township
of Derry and the Derry Township Sanitary Sewer Authority, as applicable.
In the event that the Township of Derry and the Derry Township Sanitary
Sewer Authority's duly authorized representatives are denied
access to any customer's premises for these purposes, the Township
of Derry and/or the Derry Township Sanitary Sewer Authority, as applicable,
reserve the right to take such legal actions as may be necessary to
gain access to said property to inspect for compliance with the Township
of Derry and the Derry Township Sanitary Sewer Authority regulations,
as applicable.
N.
The Township and the Authority reserve the right to adopt, from time
to time, additional rules and regulations, as it/they shall deem necessary
and proper, relating to connections with the sewer and the sewer system,
which additional rules and regulations, to the extent appropriate,
shall be construed as part of this article.
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
chapter 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.
