[Adopted 4-16-1997 by Ord. No. 97-131 (Ch. 18, Part 3, of
the 1984 Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
Jacobus Borough Sewer Authority, as presently or hereafter
constituted, which has been created by the Borough Council of Jacobus
Borough.
The Borough of Jacobus, York County, Pennsylvania, a municipality
existing under the laws of the Commonwealth of Pennsylvania, acting
by and through its Council or its authorized representatives.
That part of the main horizontal drain and its branches inside
the walls of the building, vault or area, extending to and connecting
with the house sewer.
That part of a sewer line extending from a point five feet
outside of the inner face of the outer walls of a building, vault
or area to its connection with the lateral.
Any solid, liquid, gaseous or waterborne substance or form
of energy rejected or escaping in the course of any industrial, manufacturing,
trade or business process or in the course of the development, recovering
or processing of natural resources, as distinct from sewage.
That part of the sewer system extending from a public or
private main sewer to the curbline or property line.
Any structure erected and intended for continuous or periodic
habitation, occupancy or use by human beings or animals, and from
which structure sewage and industrial waste, or either thereof, is
or may be discharged.
Individuals or natural persons, or artificial persons existing
only in contemplation of law, and shall be construed to include associations,
partnerships, limited partnerships, joint-stock companies and corporations.
Real estate which adjoins, abuts or is adjacent to the sewer
system having an occupied building no more than 250 feet distant,
measured on a horizontal plane, between the nearest point of the occupied
building, including unenclosed covered portions thereof, and any part
of the sewer system, regardless of the length of the house sewer.
The normal water-carried household and toilet wastes from
any improved property.
Both sanitary sewage and industrial waste.
All facilities, as of any particular time, for collecting,
transporting, pumping, treating and disposing of sewage, owned by
the Authority, leased to the Borough, or contracted for by the Authority
or the Borough.
The municipality in which the wastewater treatment facility
treating the sewage in question is located.
There is hereby designated and created a sewer district in Jacobus
Borough, to be known as the "Jacobus Borough Sewer District," consisting
of the entire Borough of Jacobus.
[Amended 7-2-1997 by Ord. No. 97-132]
A.
All persons owning any occupied building not erected upon premises
accessible to the sewer system shall, at their own expense, connect
such building with the sewer system within 90 days after notice to
such person from the Borough to make such connection.
B.
All persons owning any premises accessible to the sewer system upon
which a building is hereafter erected shall, at the time of the erection
of such building, and at their own expense, connect the same with
the sewer system.
C.
All persons owning any occupied building upon premises which hereafter
become accessible to the sewer system shall, at their own expense,
connect such building with the sewer system within the time frame
established by the Jacobus Borough Council after notice to such person
from the Borough to make such connection.
D.
All persons shall indemnify and save harmless this Borough, the Authority,
and the treating municipality from all loss or damage that may be
occasioned, directly or indirectly, as a result of construction of
a lateral, house sewer or connection of a house sewer to the sewer
system.
E.
Authority for Borough to make connection and collect costs and expenses. If the owner of any premises accessible to the sewer system, given 90 days' notice from this Borough, in accordance with Subsection A, shall fail to connect such improved property, as required, this Borough may make such connection and may collect from such owner the costs and expenses thereof by a municipal lien, an action in assumpsit or such other legal proceeding as to be permitted by law.
A.
It shall be unlawful for any person owning any premises accessible to the sewer system to erect, construct or use or maintain, or cause to be erected, constructed, used or maintained, any privy, cesspool, sinkhole, septic tank or other receptacle on such premises for receiving sewage after the expiration of the period specified in § 180-28 hereof or to connect any of the above to the sewer system or otherwise at any time to erect, construct, use or maintain any pipe, conduit, drain or other facility for the discharge of sewage except into the sewer system.
B.
Any person who erects, constructs or maintains a privy, cesspool,
sinkhole or septic tank on any premises accessible to the sewer system
or otherwise erects, constructs, uses or maintains any privy, cesspool,
sinkhole, septic tank or other receptacle on such premises for receiving
sewage in violation of this article shall be deemed and shall be declared
to be erecting, constructing and maintaining a nuisance, which nuisance
the Borough is hereby authorized and directed to abate in the manner
provided by law.
No connection shall be made to the sewer system except in compliance
with the ordinances, resolutions, rules and regulations of the Borough
Council, the Authority, or as may be otherwise required by law.
A.
Application for service line. Any property owner desiring the introduction
of a new service line from the sewer system to his premises must first
make written application on forms furnished by the Authority. The
application must be signed by the property owner or his duly authorized
representative. No owner or tenant of any premises connected with
the sewer system shall permit another person or premises to use or
connect with his service line, except upon written permission from
the Authority.
B.
Permit for connection. It will be necessary to have a permit from
the Authority and the treating municipality, if required, before making
any connection to the sewer system. After proper application for service
has been received and upon payment of any fee required by the treating
municipality, the Authority and, if required, the treating municipality
will issue permits authorizing the attachment of the lateral or the
applicant's house sewer to the sewer system.
C.
Service connections. No sewer connection or disconnection shall be
made, nor any lateral or house sewer line installed, except in the
manner and of a type approved by the representatives of the Borough,
the Authority and, if required, the treating municipality, who shall
have supervision and control over the same. Maintenance, installation
and use of plumbing fixtures and appliances shall also be subject
to appraisal of said representatives. The lateral and house sewer
line shall be at the applicant's expense. After all pipe is laid
and before the ditch is closed, all work must be inspected and approved
by the representative of the Authority and, if required, the treating
municipality.
D.
Grease traps and oil separators. All hotels, restaurants, boardinghouses
and public eating places shall install grease traps and all automotive
service and repair stations and body shops shall install grease traps
and oil separators on the house drains before draining into the sewer
system. The grease traps and oil separators shall be of such character
as may be approved by the Authority and, if required, the treating
municipality or its representatives. Any existing vent pipe from a
trap which permits surface water to enter the sewer system shall be
repaired so that the top of said vent pipe is at least six inches
above the top of the adjacent ground level.
E.
Inspections. The Authority and the treating municipality or their
respective authorized representatives shall have the right of access
at all reasonable times to all parts of any premises connected with
the sewer system and to examine and inspect the connections thereto
and the plumbing fixtures and appliances and use thereof and to compel
the discontinuance of any improper connection, installation, maintenance
or use. The Authority and the treating municipality may make reasonable
charges for such inspections to users of the sewer system.
F.
Release of liability. Neither the Borough, the Authority nor the
treating municipality shall be liable for any damage or expense resulting
from leaks, stoppages or defective plumbing or from any other cause
occurring to any premises or within any house or building, and it
is hereby expressly stipulated by all persons that no claims shall
be made against either the Borough or the treating municipality on
account of the breaking or stoppage of or any damage or expense to
any lateral, house sewer or house drain when the cause thereof is
found to be in such lateral, house sewer or house drain. The Borough,
the Authority and the treating municipality shall not be liable for
a deficiency or failure of service when occasioned by an emergency,
required repairs or failure for any cause beyond control.
G.
Prohibited discharges. No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff or substance
drainage into any sanitary sewer.
H.
Maintenance. The owner of any sewer lines which are discharging sewage
into the public sewer system shall keep such lines free of roots,
grit, soil, stones, building materials, built-up solids and all other
objects not limited by the foregoing which are not intended for disposal
in a sewer line or which are likely to impede the flow of sewage in
a sewer line. Such lines shall be maintained by the owner, free of
deflection, cracks or other openings which contribute to or are likely
to contribute to infiltration or inflow.
I.
Changing rules and regulations. The Borough and the Authority reserve
the right to change or amend, from time to time, these as well as
other applicable rules and regulations in accordance with law and
subject to any required consent of the treating municipality.
The contracts between this Borough, the Authority and various
municipalities prior hereto are hereby confirmed and ratified.
[Amended 7-3-2013 by Ord. No. 2013-3]
Any owner of real property who does not comply with the provisions
of this article shall be subject to a summary criminal proceeding
before the Magisterial District Justice as provided by the Pennsylvania
Rules of Criminal Procedure, as may be amended from time to time.
Upon a finding of a violation, a fine of not less than $450 nor more
than $1,000, plus costs of prosecution, including court costs and
reasonable attorney fees incurred by the Borough to prosecute the
violation, shall be imposed, and such person may be subject to imprisonment
of up to 15 days in the event such fines and costs are unpaid. In
the event the property on which the violation occurs is owned by a
partnership or limited liability company, then the partners or members
thereof, or if owned by a corporation or association, then the officers
thereof, in default of payment of such fines and costs imposed hereunder,
may be imprisoned for such time periods as provided herein. Each day
that such violation(s) continues shall be a separate violation of
this article.
