[Ord. 2008-3, 12/4/2008, § 3; amended by Ord. No. 2021-05, 5/6/2021]
Following the passage and adoption of this Part by the Board,
all users of the sanitary sewage collection system of UMT shall, on
or before January 1, 2009, bring themselves into voluntary compliance
with the terms and conditions of the ordinances of the UMT governing
connection to and use of the sanitary sewage collection system of
UMT, including but not limited to the requirements of the within ordinance
as are set forth herein; Ordinance No. 2007-6[1] as well as § 18-405 of the Upper Macungie Township Code of Ordinances.
[Ord. 2008-3, 12/4/2008, § 4; amended by Ord. No. 2020-17, 12/3/2020; and by Ord. No. 2021-05, 5/6/2021]
After January 1, 2009, a user utilizing the system of the Township
may avoid the imposition or levy of any fines, fees, surcharges or
penalties with regard to such use and utilization by proof of compliance
and continuing compliance with the provisions of the Township's Ordinance
No. 2007-6[1] and any amendments thereto, the provisions of this Part as well as § 18-405 of the Upper Macungie Township Code of Ordinances, which proof shall consist of and include compliance with the following procedures and conditions as to each building and/or appurtenance connected thereto:
1.
Upon request by a UMT employee or representative, either in writing
or by personal contact, each user utilizing the system shall, within
10 business days, as to each building and/or appurtenance so connected
to the system execute a "grant of inspection" to UMT to permit entry
upon the property served by the system on which the building and/or
appurtenances are located, to inspect and/or perform such tests as
may be deemed necessary by the Township to verify and prove compliance
with the provisions of this Part, Ordinance No. 2007-6[2] as well § 18-405 of the Upper Macungie Township Code of Ordinances.
2.
The grant of inspection shall be deemed to include the right of periodic inspections and/or tests thereafter, as may be reasonably determined to be necessary by the Township, to maintain, monitor and ensure continued compliance with the provisions of § 18-405 of the Upper Macungie Township Code of Ordinances.
3.
After a grant of inspection has been executed, it shall be deemed
to be an ongoing authorization as provided for herein. When a grant
of inspection has been submitted to UMT, the authorization to inspect
shall be continuing unless the authorization is withdrawn by written
notice to UMT.
4.
The grant of inspection shall specify that, with its execution, the
employees/representatives of UMT shall be permitted to schedule an
acceptable time to inspect and/or conduct such tests following the
submission of a notice of inspection to the property owner advising
of the date and time of the inspection.
5.
In lieu of the grant of inspection, the user may choose to employ
the services of a certified and licensed plumber as so registered
by UMT, at the expense of the user, to conduct the inspection on behalf
of UMT and thereafter forwarding the results of such inspection to
UMT.
6.
There shall be no fees charged by UMT for any inspections and/or
tests conducted and performed by the designated representatives of
UMT with respect to processing the provisions of this Part.
7.
In the event a user utilizing the system executes the grant of inspection,
and UMT determines that said buildings and/or appurtenances are in
compliance, no surcharge, fines or other penalties shall be imposed
or levied upon the user; provided, however, that UMT shall have the
perpetual right and authority, pursuant to the grant of inspection
executed as required hereby and the terms of this Part, to conduct
additional inspection and/or tests at a later date to determine that
compliance still exists.
8.
In the event a user utilizing the system refuses to execute a grant
of inspection to UMT for the purposes provided for herein, a surcharge
of $25 per month shall be imposed in addition to all other charges
authorized and imposed under any applicable ordinances of UMT commencing
at the next billing period following the date of refusal to execute
the grant of inspection to the UMT. Should a user continue to refuse
a grant of inspection for a period of 60 days after the submission
of a final notice of refusal of inspection, the surcharge shall be
increased to $50 per month.
9.
In the event a user utilizing the system executes the grant of inspection,
and UMT inspects and/or conducts tests, and determines that the buildings
and/or appurtenances of said user are not in compliance, then and
in such event, UMT by its designated employee shall provide written
notice of the results of the inspection and/or tests to the user,
who shall be required to achieve compliance with the applicable provisions
of the ordinance set forth herein within 45 days of the date of the
notice.
10.
In the event that the building and/or appurtenances of the user are determined not to be in compliance with the ordinance set forth herein, and any amendments thereto, and the time period referred to in Subsection 9 above for the commencement of corrective work expires and the user refuses or fails to bring buildings and/or appurtenances in compliance with the aforementioned ordinance, the surcharge of $50 per month as per Subsection 8, per billing account, for such user shall be imposed, in addition to all other charges authorized and imposed under any applicable ordinances of UMT, commencing at the next billing period following the date of the inspection and/or testing by UMT wherein such noncompliance was determined, for permitting such violation to continue to exist.
11.
The surcharge referred to herein shall be removed only upon the following
conditions:
A.
The user utilizing the system executes a grant of inspection to UMT;
and
B.
UMT inspects and/or performs tests on the building and/or appurtenances
connected to the system and determines that the building and/or appurtenances
so connected to the system are in compliance; or
C.
An independent plumber who is certified to perform inspections and/or
testing on behalf of UMT submits the results of such inspection to
UMT; and
D.
Under any of these conditions, the user remits payment in full of
all surcharges billed to the user utilizing the system from the date
of determination of noncompliance until the date when the buildings
and/or appurtenances in question are determined to be in compliance.
[Ord. 2008-3, 12/4/2008, § 5; amended by Ord. No. 2020-17, 12/3/2020; and by Ord. No. 2021-05, 5/6/2021]
1.
Prior to the transfer of any property ( residential, commercial or industrial) located in UMT, the seller of said property shall be required to retain the services of a plumber registered with UMT for the purposes of conducting an inspection of the property to ensure compliance with the provisions of this Part, Ordinance 2007-6, as well as § 18-305 of the Upper Macungie Township Code of Ordinances. Said inspection shall also require a video inspection of the sanitary sewer lateral to ensure compliance. The plumber retained shall complete, certify, and return the official UMT inspection form proving that the property is in compliance. The seller of any property shall submit the certified result to UMT and to the purchaser of the property at or prior to the time for settlement on the sale or purchase of the property. For commercial or industrial properties, this inspection would also apply to the building's transfer of tenants.
2.
Should
the lateral be found to be defective, based upon UMT's rules and regulations
and/or sound engineering practice, the lateral pipe shall be replaced
or otherwise repaired in accordance with Township standards. There
may be limited permission granted for spot repairs, considered on
a case-by-case basis. The pipe replacement/spot repair shall be performed
by a registered certified plumber with UMT in accordance with the
code requirements of UMT.
3.
In the
event that any transfer of title occurs without an inspection having
been conducted and without the seller obtaining a certified report,
the buyer or purchaser of the property shall be responsible for having
the aforementioned inspection conducted and for the submission of
the certified result to UMT.
4.
This section
shall not apply to transfer of "new" construction properties (built
within the last three years); or properties that had an inspection
on file with the Township within the last three years.
[Ord. 2008-3, 12/4/2008, § 6; amended by Ord. No. 2020-17, 12/3/2020; and by Ord. No. 2021-05, 5/6/2021]
1.
Unique Topography. Some areas situate in close proximity to streams
and/or waterways are not suitable for the removal of existing sump
pumps which are presently connected to individual sanitary sewer systems.
Residential structures situate in such areas shall be permitted to
retain the existing sump pumps after such properties have been inspected
by the plumbing inspector for UMT
2.
Upon receiving approval from UMT, a sump pump may be retained in
accordance with the specifications issued by UMT whereby groundwater
may be discharged into the UMT sanitary sewer system.
3.
Permitted sump pumps shall be subject to periodic inspections being
performed by the plumbing inspector for UMT or by an approved certified
plumber at the expense of the owner of the property, after which a
report shall be issued to UMT for review and approval by UMT.
[Added by Ord. No. 2021-05, 5/6/2021]
1.
The Township
will consider providing a contribution, on an individual case-by-case
basis, up to a maximum of $1,500 toward the cost of pipe replacement
from the sanitary sewer system. The owner will be required to install
a standard Township cleanout at the right-of-way to qualify for this
contribution. No contribution will be made toward spot repairs.
2.
The Township
will consider providing a contribution, on an individual case-by-case
basis, up to a maximum of $250 toward the cost of removing a sump
pump connection to the sanitary sewer system.
3.
Only owner-occupied
residential property owners may be eligible for this contribution
for such work, whether or not the subject property is being sold.
The decision regarding such contribution by the Township shall not
be appealable.
[1]
Editor's Note: Former § 18-505, Cost Contribution
by UMTA, Ord. 2008-3, 12/4/2008, § 7; as amended, was repealed Ord. No. 2020-17, 12/3/2020.
[Ord. 2008-3, 12/4/2008, § 8]
In the event a user is found to be in compliance and subsequent inspections and/or tests determine noncompliance now exists, the terms and provisions of § 18-502, Subsections 9, 10 and 11, shall be applicable, except that, in addition to the surcharge to be charged in accordance with § 18-502, Subsection 10, if any, the user shall be liable for payment of a sum equal to the number of the months since the original determination of compliance was made, multiplied by the monthly surcharge amount provided for in § 18-502, Subsection 10, for knowingly, willfully and/or intentionally creating or permitting such violation to commence and continue. A noncompliance occurs when a reconnection of a sump pump is discovered with the performance of a subsequent inspection.
[Ord. 2008-3, 12/4/2008, § 9]
In the event a user is found to be in a state of noncompliance a second or subsequent time, then the user shall be liable for the payment of a sum equal to $1,000 per day, plus an amount equal to the sum of the months since the original noncompliance was corrected (and, if never corrected, from the date of such noncompliance determination), multiplied by the monthly surcharge amount provided for in § 18-502, Subsection 9, 10 or 11, for knowingly, willfully and/or intentionally permitting such violation to commence and continue.
[Ord. 2008-3, 12/4/2008, § 10]
Any user violating any of the provisions of this Part shall
be liable to the Township for any expenses, costs and fees, including
but not limited to reasonable attorneys' fees, occasioned or caused
to the Township by reason of seeking enforcement of such ordinance
against the violator, as well as for any losses or damages occasioned
or caused to the Township by reason of such violation.
[Ord. 2008-3, 12/4/2008, § 11; amended by Ord. No. 2020-17, 12/3/2020; and by Ord. No. 2021-05, 5/6/2021]
UMT shall have full power and authority to invoke any legal,
equitable or special remedy for the enforcement of this Part.
[Ord. 2008-3, 12/4/2008, § 12]
This Part shall be deemed supplemental to all other ordinances
and provisions thereof for enforcement and compliance purposes and
shall not be deemed to amend or rescind said other ordinances and
provisions; further, that any fines, fees, charges or penalties levied
or imposed pursuant to this Part shall be in addition to any fines,
fees, charges or penalties levied or imposed pursuant to all other
ordinances and provisions thereof.
[Ord. 2008-3, 12/4/2008, § 13]
The Board, by passage hereof, has determined that the measures
hereinbefore set out are a reasonable means of ensuring compliance
with the ordinance set forth herein and any amendments thereto, and
further that the same are necessary to protect and ensure the health,
safety and welfare of the residents of the Township and the area served
by the system.
