[Adopted 10-14-1974 as Article 921 of the Codified Ordinances of Newtown Township 1973]
Unless the context specifically indicates otherwise, the meaning of the terms used in this article shall be as follows:
GARBAGE
Solid wastes from the preparation of cooking and dispensing of food and from the handling, storage and sale of produce.
INDUSTRIAL WASTE
Any solid, liquid or gaseous substance or waterborne wastes or form of energy rejected or escaping from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources, as distinct from sanitary sewage.
NATURAL OUTLET
Any outlet into a watercourse, ditch, pond, lake or other body of surface water or groundwater.
OCCUPIABLE BUILDING
Each single dwelling unit, household unit, flat or apartment unit, condominium or cooperative unit, store, shop, office, business, commercial or industrial unit or family unit contained within any structure, erected, intended for and/or used for continuous or periodic habitation, occupancy or employment by human beings and from which (including common facilities serving said unit) sanitary sewage and industrial wastes, or either, is or may be discharged.
[Amended 2-28-1994 by Ord. No. 1994-1]
PERSON
Any individual, firm, company, association, society, corporation or group.
PROPERTY
Any separately deeded piece of ground upon which there exists or can be erected an occupiable building, as herein defined.
SANITARY SEWAGE
The normal water-carried household and toilet wastes from residences, business buildings, institutions and commercial, industrial and service establishments.
SANITARY SEWER
A conduit which is part of the sewer system and which carries sanitary sewage and/or treated industrial wastes and to which stormwater, surface water and groundwater are not intentionally admitted.
SEWAGE TREATMENT PLANT
Any devices and/or structures and facilities used for treating of sanitary sewage and industrial wastes.
SEWAGE WORKS
All facilities for collecting, pumping, transporting, treating and disposing of sanitary sewage and industrial wastes.
STORM SEWER or STORM DRAIN
A sewer which carries stormwater, surface water, drainage and some industrial water discharges, such as cooling and air-conditioning waters, but excludes sanitary sewage and polluted industrial wastes.
TOWNSHIP
The Township of Newtown, Delaware County, Pennsylvania.
TOWNSHIP ENGINEER
An engineer employed by the Township or an authorized member of his staff.
A. 
No person shall deposit or permit to be deposited in an unsanitary manner upon public or private property within the Township sewage, human or animal excrement, garbage or other objectionable waste.
B. 
No person shall discharge sanitary sewage, industrial waste or polluted water into any natural outlet within the Township unless the person so doing is operating with the written approval of the Department of Health of the Commonwealth of Pennsylvania.
C. 
No owner of property who is required to connect to the sewer system pursuant to § 130-3 hereof shall construct or maintain any privy, privy vault, cesspool or septic tank intended or used for the disposal of sanitary sewage within the Township, except that in the case of existing private homes which are so situated that existing basement fixtures cannot be drained by gravity to the sewer system, the present on-site system may be retained pursuant to Chapter 121, Plumbing.
[Amended 9-14-1981 by Ord. No. 1981-5; 2-28-1994 by Ord. No. 1994-1; 3-23-2009 by Ord. No. 2009-01; 2-14-2011 by Ord. No. 2011-01; 10-14-2014 by Ord. No. 2014-03]
A. 
Individual on-lot systems.
(1) 
It shall be unlawful for any person owning any habitable building on a parcel or lot abutting a sanitary sewer system or situated within 150 feet of a sanitary sewer system to erect, construct or use or maintain or cause to be erected, constructed, used or maintained any on-lot sewage system, including, but not limited to, a privy, cesspool, sinkhole, septic tank, or other receptacle for receiving sewage.
(2) 
Any person who erects, constructs or maintains an on-lot sewage system, including, but not limited to, a privy, cesspool, sinkhole, septic tank, or other receptacle for receiving sewage on any property abutting on or within 150 feet of a sanitary sewer system in violation of this section shall be deemed and shall be declared to be erecting, constructing or maintaining a nuisance, which nuisance the Township may abate in any manner provided by law.
B. 
Connections required.
(1) 
Where properties abutting upon a sanitary sewer system are assessable for a proportionate share of the cost of the sanitary sewer system, all persons owning any habitable building now erected upon any parcel or lot abutting on the sanitary sewer system shall, at their own expense, make connection with and use the sanitary sewer system in accordance with the rules and regulations of the operator and the Township within 60 days after notice to do so from the Township.
(2) 
All persons owning any parcel or lot abutting on a sanitary sewer system upon which said parcel or lot a habitable building is hereafter erected shall, at the time of the erection of such building and at their own expense, make connection with and use the sanitary sewer system in accordance with the rules and regulations of the operator and the Township within 60 days after notice to do so from the Township.
(3) 
All persons owning any habitable building upon any parcel or lot which hereafter shall abut on a sanitary sewer system shall, at their own expense, make connection with and use the sanitary sewer system in accordance with the rules and regulations of the operator and the Township within 60 days after notice to do so from the Township.
(4) 
All persons owning any habitable building upon any parcel or lot abutting on any public or undedicated road, private road, alley, or right-of-way in which there has been constructed a sanitary sewer system shall, at their own expense, make connection with and use the sanitary sewer system in accordance with the rules and regulations of the operator and the Township within 60 days after notice to do so from the Township.
(5) 
All persons owning any habitable building situated within 150 feet of a sanitary sewer system shall, at their own expense, make connection with and use the sanitary sewer system in accordance with the rules and regulations of the operator and the Township within 60 days after notice to do so from the Township.
(6) 
At any time, any property owner may file an application with the operator to voluntarily make connection with and use a sanitary sewer system in accordance with the rules and regulations of the operator and the Township.
C. 
Connection deferment.
(1) 
Notwithstanding any requirement to connect an existing habitable building to a sanitary sewer system, a property owner may elect to defer connection for a period of up to 10 years from the date of the official notice to connect, if the property owner complies with the following conditions:
(a) 
The property owner shall, at the owner's expense, obtain a certification from a registered professional engineer, or other professional certified or licensed by the Commonwealth of Pennsylvania and recognized to possess experience and expertise with respect to on-lot sewage systems, which states that there is an existing on-lot sewage disposal system serving the habitable building that has been inspected and found to be in satisfactory working condition.
(b) 
The property owner shall submit the certification of a satisfactory on-lot-sewage system to the Township within 30 days after the property owner receives written notice from the Township to connect and, thereafter, the property owner shall annually, at the owner's expense, cause an inspection and certification to be obtained in accordance with the above requirements and submit the same to the Township.
(c) 
In the event that a property owner fails to obtain or submit the annual certification for an on-lot sewage system, or in the event that an on-lot sewage system is found not to be in satisfactory working condition, the property owner shall, at the owner's expense, make connection with and use the sanitary sewer system in accordance with the rules and regulations of the operator and the Township within 60 days after notice to do so from the Township.
(d) 
The property owner shall, upon request to do so, enter into an agreement with the sanitary sewer system operator and the Township to pay the owner's proportionate share of the capital costs of the sewer system despite the deferred connection.
(2) 
Notwithstanding any proper deferment of the connection of a habitable building to a sanitary sewer system, all persons shall, at their own expense, connect a habitable building with a sanitary sewer system prior to the sale or transfer of the property to a third party, regardless of whether there is an existing on-lot sewage disposal system that has been found to be in satisfactory working condition if the Township has provided notice to the property owner to connect to a sanitary sewer system.
(3) 
Notwithstanding any proper deferment of the connection of a habitable building to a sanitary sewer system, all persons shall, at their own expense, connect a habitable building with a sanitary sewer system within 10 years after notice to do so from the Township regardless of whether there is an existing on-lot sewage disposal system that has been found to be in satisfactory working condition.
D. 
Compliance with rules and regulations. No connection shall be made to a sanitary sewer system except in compliance with the appropriate rules and regulations of the Township and with such rules and regulations of the operator and the Commonwealth of Pennsylvania. The following rules and regulations shall apply to all sanitary sewer systems within the Township:
(1) 
Application for service line.
(a) 
Persons desiring the introduction of a service line from a sanitary sewer system to their premises must first make written application as required by the operator.
(b) 
No person owning any premises connected with a sanitary sewer system or tenant of such premises shall permit another person or premises to use or connect with his service line, except upon written authorization from the operator.
(2) 
Permit for connection. Before making any connection to a sanitary sewer system, a permit must be obtained from the operator.
(3) 
Service connection. No sewer connection or disconnection shall be made nor any lateral installed except in the manner and of a type approved by the respective operator. The property owner is responsible for the construction and maintenance of the lateral connection from a building to the sewer system. The lateral line shall be constructed at the owner's expense. All sewer connection and disconnection work must be inspected and approved by the operator.
(4) 
Sewage facilities planning. All construction projects that propose new or expanded plumbing/sewage facilities require Department of Environmental Protection (DEP) review under the Pennsylvania Sewage Facilities Act (Act 537). No building permit, certificate of occupancy, final subdivision or land development approval, or other proposed construction approval may be issued until sewage planning has been approved by DEP through the issuance of a planning module approval or an exemption from planning, or until DEP has issued a letter stating that sewage planning is not required.
(5) 
Sewage discharge.
(a) 
No stormwater, roof drain, condensate line, cellar seepage, surface or groundwaters, oils, grease, gasoline, combustible gases or liquids, garbage or insoluble solids or any substance which would impair or interfere with the sewer system or any part thereof in any manner or with the function of the processes of sewage treatment shall be connected or discharged to a sanitary sewer system.
(b) 
No person shall discharge or cause to be discharged into a sanitary sewer system any ashes, cinders, sand, glass, straw, mud, hay, shavings, metal, scraps, rags, feathers, plastics, wood or any other solid or viscous substance capable of causing obstruction to the flow in a sanitary sewer system or the processes of sewage treatment.
(c) 
All hotels, restaurants, boardinghouses and public eating places, before draining into a sanitary sewer system, shall install grease traps on the house drains of such character as may be specified by the Township and/or the operator.
(d) 
Sewage shall not be discharged to storm sewers.
E. 
Inspections. The Township, the operator or their representatives shall have the right of access at all reasonable times to all parts of any industrial or commercial premises connected with a sanitary sewer system and to examine and inspect the connections thereto and the plumbing fixtures or any improper connection, installation, maintenance or use. The Township and operator may make reasonable charges for such inspections to users of the sewer system.
[Amended 9-10-1984 by Ord. No. 1984-8; 9-10-2012 by Ord. No. 2012-06]
A. 
No person shall discharge or cause to be discharged any stormwater, surface drainage, ground drainage, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters into any sanitary sewer.
B. 
Stormwater and all other unpolluted drainage shall be discharged into storm sewers, if available, or to a natural outlet approved by the Township Engineer. Industrial cooling water or unpolluted process waters shall be discharged into a storm sewer approved by the Township Engineer or into a natural outlet if such storm sewer or outlet is not available.
C. 
No person shall discharge or cause to be discharged any of the following into any sanitary sewer:
(1) 
Industrial waste.
(2) 
Garbage.
(3) 
Liquid or vapor having a temperature higher than 150° F.
(4) 
Water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease.
(5) 
Gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
(6) 
Any substance capable of obstructing the flow in sanitary sewers or other interference with the proper operation of the sewage works.
(7) 
Any substance having a corrosive, toxic or poisonous property in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the sewage treatment plant.
(8) 
Any material requiring unusual attention or expense at the sewage treatment plant.
(9) 
Any noxious or malodorous gas or substance capable of creating a public nuisance.
(10) 
Water from a swimming pool.
D. 
Grease, oil and sand interceptors shall be provided for outlets connected with the sanitary sewers when, in the opinion of the Township Engineer, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All such interceptors shall be of a type, capacity and construction approved by the Township Engineer, shall be located so as to be readily and easily accessible for cleaning and inspection and shall be continuously maintained in good condition.
E. 
The admission into sanitary sewers of any industrial wastes is prohibited unless the owner or occupant of the property producing such waste first makes application to the Board of Supervisors to discharge such waste into the sewer system and, if approved in compliance with all existing agreements of the Authority and the Township relating to treatment by other agencies, shall provide at his expense adequate treatment facilities approved by the Township Engineer. Such facilities shall be continuously maintained in good condition.
F. 
In lieu of introducing partially treated industrial wastes and polluted waters into sanitary sewers, the owner of premises producing such wastes may construct and operate at his expense private waste treatment facilities, with the effluent discharged to a natural outlet, provided that such facilities are constructed and operated in compliance with the statutes of the Commonwealth of Pennsylvania, which facilities shall be continuously maintained in good condition.
G. 
The Delaware County Regional Water Control Authority's (DELCORA's) Standards, Rules and Regulations of 2011, and the City of Philadelphia's Sewer and Wastewater Control Regulations, as amended September 30, 2010, are hereby collectively adopted as the Wastewater Control Regulations for the Township of Newtown.[1] Where any conflict exists between any portions of these regulations, the most protective of public health and safety and the environment of the portions in conflict shall apply.
[1]
Editor's Note: Copies of said regulations are on file in the Township offices.
H. 
The DELCORA Local Limitations for the Eastern Service Area (the "Eastern Limitations") and the DELCORA Local Limitations for the Western Service Area (the "Western Limitations"), as set forth in DELCORA Resolution 2011-01, are hereby adopted as the Local Limitations for all discharges of wastewater in the Township of Newtown.[2] All such discharges of wastewater shall comply with the Eastern Limitations.
[2]
Editor's Note: Copies of said limitations are on file in the Township offices.
No person shall willfully or negligently damage, destroy, deface, tamper with or connect without a permit to any structure or equipment which is part of the sewer system. Any person violating this section shall be guilty of a misdemeanor.
The Township Engineer and other duly authorized employees of the Township bearing proper credentials and bearing proper identification shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this article.
A. 
Any person who violates any provision of this article other than § 130-5 shall be served by the Township with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof, the notice provided in § 130-3A being deemed to be notice of a violation for this purpose in respect of violations of such section. The offender shall, within the period of time, if any, otherwise forthwith stated in such notice, permanently cease all violations.
B. 
Any person who violates § 130-5 or fails to connect his property to the sewer system after notice, as provided in § 130-3A, within the time prescribed in such notice or who continues any violation beyond the time limit fixed as provided for in Subsection A hereof shall be subject after summary conviction to a fine in an amount not exceeding $1,000 for each violation. A new and separate violation shall be deemed committed each day any violation continues beyond such time limit.
[Amended 2-28-1994 by Ord. No. 1994-1]
C. 
All fines and penalties imposed for violation of any provision of this article shall be paid to the Township Treasurer for use of the Township. Default in payment of the fine and costs shall make the defendant liable to imprisonment for a term not to exceed 30 days.
[Amended 2-28-1994 by Ord. No. 1994-1]
D. 
Any person violating any of the provisions of this article, in addition to becoming liable for a fine and penalty, shall become liable to the Township for any expense, loss or damage occasioned by the Township by reason of such violation.