[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:
Solid wastes from the preparation of cooking and dispensing
of food and from the handling, storage and sale of produce.
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.
Any outlet into a watercourse, ditch, pond, lake or other
body of surface water or groundwater.
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]
Any individual, firm, company, association, society, corporation
or group.
Any separately deeded piece of ground upon which there exists
or can be erected an occupiable building, as herein defined.
The normal water-carried household and toilet wastes from
residences, business buildings, institutions and commercial, industrial
and service establishments.
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.
Any devices and/or structures and facilities used for treating
of sanitary sewage and industrial wastes.
All facilities for collecting, pumping, transporting, treating
and disposing of sanitary sewage and industrial wastes.
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.
The Township of Newtown, Delaware County, Pennsylvania.
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.
