[Adopted 6-7-2010 by Ord. No. 318]
Unless the context specifically and clearly declares otherwise, the meaning of terms and phrases used in this article shall be as follows:
ACT 203
The Act of 1990, P.L. 1227,[1] setting and establishing connection and tapping fees for municipal sanitary sewer systems.
AUTHORITY
The Pegasus Sewer Authority (PSA), or any other authority empowered by agreement with the Pegasus Sewer Authority or the municipality to operate the sewer system or parts thereof.
BUILDING SEWER
The privately owned extension from the sewage drainage system of any structure to the lateral of a sewer.
CONNECTION
The complete construction and installation of a building sewer in compliance with all municipality and Authority requirements.
EQUIVALENT DWELLING UNIT (EDU)
The average amount of sewage flow expected to be generated by a single-family dwelling.
IMPROVED PROPERTY
Any property within this municipality that is located within the Richland-Township-approved service area for the Pegasus Sewer Authority and upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals (excepting only farm structures without plumbing facilities which have manure management plans approved by the Cambria County Conservation District or other local or state agency having jurisdiction) and from which structure sewage and/or industrial waste shall or may be discharged.
INDUSTRIAL ESTABLISHMENT
Any property located in this municipality used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article, or any other property located in this municipality from which wastes, in addition to or other than sanitary sewage, shall be discharged.
INDUSTRIAL WASTES
Any and all wastes discharged from an industrial establishment, other than sanitary sewage.
INFLOW AND INFILTRATION (I & I)
Surface water and/or groundwater which enters the sewer system by any means. This article expressly prohibits any person from causing, allowing or permitting any quantity of inflow and infiltration to enter the sewer system.
LATERAL
The publicly owned portion of the sewer system, extending from a sewer to the property line, to a point designated by the municipality or Authority, or, if no such lateral shall be provided, the "lateral" shall mean that portion of or place in a sewer which is provided for connection of any building sewer.
MUNICIPALITY
The Township of Richland.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property.
PERSON
Any individual, partnership, company, association, society, trust, corporation or other group or entity.
SANITARY SEWAGE
Normal water-carried household and toilet wastes from any 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, and disposing of sanitary sewage and/or industrial wastes situate in or adjacent to this municipality and owned by the Authority.
WILDCAT SEWER
A sewer that provides collection but no treatment; not specifically owned by the Authority.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
A. 
All persons in the municipality owning improved property which is adjoining and adjacent to the sewer system are hereby required to connect with and use said sewer system. Failure to connect within 60 days after written notice to do so has been provided as defined herein in § 198-69.3 shall be a violation of this article. Said connection shall be at the sole cost of the owner.
B. 
Any person who cannot comply with the above requirements due to causes beyond his or her control shall apply to the municipality or Authority within said sixty-day period for a time extension not to exceed six months' duration. Said application shall be made on a form furnished by the municipality or the Authority and shall contain an agreement whereby the applicant voluntarily commences payment of the regular monthly sewer rates immediately, even though actual connection to the sewer system will not be accomplished until some later date within said six-month extension period.
In addition to any other remedies provided herein, should any adjoining or adjacent owners or persons whose principal building is within 150 feet from the sewer system fail to connect with and use the sewer system within a period of 60 days after written notice to do so has been served by the Township or the Authority, either by personal service or certified mail, the Township, the Authority, or their designated agent may enter the property and construct the building sewer. In such case, the Township or Authority shall send an itemized bill of the cost of construction to the owner of the property to which the connection has been made, which bill is payable immediately. If the owner fails to pay the bill within 30 days, the Township or the Authority shall, within six months of the date of completion of the connection, file a municipal lien for the cost of construction, a 10% surcharge thereon, and applicable interest penalties and costs authorized by statute.
It shall be unlawful for any owner or occupier of any property adjoining or adjacent to the sewer system to employ any means for disposal of acceptable sanitary sewage (as determined by the Authority's rules and regulations) other than into and through the sewer system.
No person, firm or corporation shall connect to the sewer system until the following has been complied with:
A. 
Application shall be made to the Authority, as the municipality's agent, upon a form supplied by the Authority for permission to connect to the sewer system. A separate application form must be completed for each individual unit intended to be provided sewer service, and said application(s) shall fully describe the character and use of each unit
B. 
Payment of the Act 203 fee imposed by the Authority shall be made by the owner for each equivalent dwelling unit to be connected to the sewer system at the time of making application therefor. The method of determining an EDU and the calculation of multiple EDU's is covered by the rules and regulations of the Authority.
C. 
No work shall be done prior to the payment of said fee(s) and until the applicant has familiarized himself/herself with the Authority's rules and regulations relating to completion of an acceptable building sewer, including but not limited to materials, fittings, installation, backfilling, inspection and testing, particularly as the construction relates to the elimination of inflow and infiltration.
D. 
At least 24 hours' notice of the time when a connection is to be made shall be given to an inspector designated by the municipality or the Authority so that said inspector can be present to inspect the building sewer line. Such inspection shall include witnessing the testing as required by the Authority's rules and regulations, as performed by the applicant, and determining that the building sewer complies with all requirements as to the proper construction and elimination of all sources of inflow and infiltration. If the building sewer passes all tests, the inspector shall signify his or her approval by endorsing his or her name and the date of approval on the application in the possession of the owner or occupier. Said application shall contain language that the owner understands the requirement of elimination and exclusion of inflow and infiltration, and thereafter will not make any modifications to the plumbing and drainage without the knowledge, inspection and approval of the Authority.
E. 
At the time of inspection, the inspector shall be permitted complete access to all sanitary and drainage arrangements and facilities in each building and in and about all parts of the property in order to determine the nature and extent of the piping network to be connected to the Authority's sewer system. No preexisting sewer drainage piping may be connected to the applicant's new building sewer until such preexisting piping has passed the required tests as specified in Subsection F and the rules and regulations of the Authority. No building sewer line shall be backfilled, or in any manner concealed, until after approval by the inspector.
F. 
Testing requirements must meet or exceed those as contained in the most current edition of the International Plumbing Code or successor codes.
G. 
No approved sewer may be extended, altered, repaired, replaced, and/or tampered with in any way without notice to the Authority. Subsequent to any alteration of any sewer connection, retesting, in accordance with the Authority's rules and regulations, is required, in addition, retesting to insure continued compliance with the rules and regulations shall be performed at any time necessary based upon inspections by the Authority or municipality.
The construction of all building sewer lines to the lateral of the sewer system shall be done at the sole expense of the owner. Said construction shall be done to eliminate all sources of I & I in accordance with the specifications, plans and procedures established by the municipality and the Authority as set forth in the Authority's Sewer System rules and regulations, as the same may from time to time be published and amended, copies of which, upon adoption, shall be maintained on file with the Municipal Secretary and the Authority.
It shall be unlawful for any person, firm or corporation connected to the sewer system to connect any roof drain thereto or permit any roof drain to remain connected thereto or to permit, allow or cause to enter into said sewer system any stormwater, foundation water, springwater, surface water, any unacceptable sewage or industrial waste (as determined by the Authority's rules and regulations), or any sewage or industrial waste from any property, building or unit other than that for which an application has been made.
A. 
In addition to any penalty hereinabove prescribed, any person or persons failing to make a proper connection within the time specified after due notice shall be subject to prosecution in accordance with the Pennsylvania Rules of Criminal Procedure for the enforcement of summary offenses. Upon conviction of same, said person shall pay a fine not to exceed $1,000 and may be imprisoned in the Cambria County Jail for a period not to exceed 90 days. Each day or portion thereof for which said violation is found to exist shall constitute a separate offense hereunder.
B. 
Any person or persons violating any other provision of this article (other than a failure to connect) shall be prosecuted as hereinbefore set forth and, upon conviction, shall pay a fine not to exceed $300 and may be imprisoned for a period not to exceed 30 days in the Cambria County Jail. Each day or portion thereof for which said violation is found to exist shall constitute a separate offense hereunder.
C. 
For purposes of enforcement of this article, the Authority is hereby empowered to make the initial determination of article violation and is similarly empowered to serve the notice of violation. The Authority, as agent for the Township, is empowered to bring an action in equity to obtain compliance with any portion of this article, which remedy is in addition to all other remedies set forth herein.