[Adopted 9-22-1994 by Ord. No. 94-9-2]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this article shall be as
follows:
The Auburn Sewer Authority or the Auburn Municipal Authority,
whichever shall be the owner of the sewer system from time to time,
municipality authorities organized and existing under the Municipality
Authorities Act, 53 Pa.C.S.A. § 5601 et seq., as amended
and supplemented.[1]
The Borough of Auburn, Schuylkill County, Pennsylvania, a
municipal corporation of the commonwealth, acting by and through its
Council, or, in appropriate cases, acting by and through its authorized
representatives.
The extension from the sewage drainage system of any structure
to the lateral of a sewer.
The Commonwealth of Pennsylvania.
Any property within this Borough upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals and from which structure sanitary
sewage and/or industrial wastes shall be or may be discharged.
Any improved property located in this Borough 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 improved property located in this Borough from which wastes,
in addition to or other than sanitary sewage, shall be discharged.
Any and all wastes discharged from an industrial establishment,
other than sanitary sewage.
That part of the sewer system extending from a sewer to the
curbline or, if there shall be no curbline, to the property line or,
if no such lateral shall be provided, then "lateral" shall mean that
portion of, or place in, a sewer which is provided for connection
of any building sewer.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipality authority or other
group or entity.
Normal water-carried household and toilet wastes from any
improved property.
Any pipe or conduit constituting a part of the sewer system
used or usable for sewage collection purposes;
All facilities, as of any particular time, for collection,
transmitting, treating and disposing of sanitary sewage and/or industrial
wastes, situate in or adjacent to this Borough and owned by the Authority.
Includes any street, road, lane, court, cul-de-sac, alley,
public way or public square.
A.
The owner of any improved property benefitted, improved or accommodated
by a sewer, or accessible to and whose principal building is within
150 feet from the sewer system shall connect such improved property
with and shall use such sewer system, in such manner as the Borough
may require, within 60 days after notice to such owner from this Borough
to make such connection, for the purpose of discharge of all sanitary
sewage and industrial wastes from such improved property; subject,
however to such limitations and restrictions as shall be established
herein or otherwise shall be established by this Borough or Authority
from time to time.
B.
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under Subsection A, shall be connected into a sewer; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Borough from time to time.
C.
D.
Privy vaults, cesspools, sinkholes and septic tanks.
(1)
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon any improved property which has been connected to a sewer or which shall be required under Subsection A to be connected to a sewer.
(2)
Every such privy vault, cesspool, sinkhole, septic tank or similar
receptacle in existence shall be abandoned and, at the discretion
of this Borough, shall be cleansed and shall be filled, at the expense
of the owner of such improved property, under the direction and supervision
of this Borough, and any such privy vault, cesspool, sinkhole, septic
tank or similar receptacle not so abandoned and, if required by this
Borough, not cleansed and filled, shall constitute a nuisance, and
such nuisance may be abated, as provided by law, at the expense of
the owner of such improved property.
E.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle
at any time shall be connected with a sewer. In no case shall water
in such forms as stormwater, roof water, surface water, subsurface
water, water from yard or area drains, or water from floor drains,
sump pumps, wall gutters, roof leaders, french drains, subsoil drains,
or perforated pipe be collected and connected in the sewer system.
Floor drains shall be permitted only with the written approval of
the Borough or the Authority.
F.
The notice by this Borough to make a connection to a sewer, referred to in Subsection A, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section thereof, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within 60 days from the date such notice is given. Such notice may be given at any time when a sewer is in place which can receive and can convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner in accordance with law.
A.
No person shall uncover, shall connect with, shall make any opening
into or shall use, shall alter or shall disturb, in any manner, any
sewer or any other part of the sewer system without first obtaining
a permit, in writing, from the Borough.
B.
Application for a permit required under Subsection A shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
C.
No person shall make or shall cause to be made a connection of any
improved property with a sewer until such person shall have fulfilled
each of the following conditions:
(1)
Such person shall have notified the Borough of the desire and intention
to connect such improved property to a sewer; and
(2)
Such person shall have applied for and shall have obtained a permit as required by Subsection A; and
(3)
Such person shall have given the Plumbing Inspector of the Borough
at least 24 hours' notice of the time when such connection will be
made so that the Borough may supervise and inspect or may cause to
be supervised and inspected the work of connection and necessary testing;
and
(4)
If applicable, such person shall have furnished satisfactory evidence
to the Secretary of the Borough that any tapping, connection and/or
customer facilities fee that may be charged and imposed by the Authority
against the owner of an improved property who connects such improved
property to a sewer has been paid.
D.
Except as otherwise provided in this Subsection D, each improved property shall be connected separately and independently with a lateral through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted, except under special circumstances and for good cause shown, but then only after special permission of the Authority, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by the Borough or by the Authority.
E.
All costs and expenses of construction of a building sewer and all
costs and expenses of connection of a building sewer to a sewer shall
be borne by the owner of the improved property to be connected; and
such owner shall indemnify and shall save harmless this Borough, the
Authority, and its' agents or employees from all loss or damage
that may be occasioned, directly or indirectly, as a result of construction
of a building sewer or of connection of a building sewer to a sewer.
F.
A building sewer shall be connected to a sewer at the place designated
by this Borough or by the Authority, and where, if applicable, the
lateral is provided. A smooth, neat joint shall be made and the connection
of a building sewer to the lateral shall be made secure and watertight.
G.
If the owner of any improved property located within this Borough and abutting upon any street in which there is a main constituting part of the sewer system, or accessible to and whose principal building is within 150 feet from the sewer system, after 60 days' notice from this Borough, in accordance with § 259-14A, shall fail to connect such improved property, as required, this Borough or the Authority may enter upon such improved property and may construct such connection and may collect from such owner the costs and expenses thereof in the manner permitted by law.
A.
Where an improved property, at the time connection to a sewer is
required, shall be served by its own sewage disposal system or sewage
disposal device, the existing house sewer line shall be broken on
the structure side of such sewage disposal system or sewage disposal
device and attachment shall be made, with property fittings, to continue
such house seer line as a building sewer. Sewers, drains, and materials
previously in use may be used in connection with drainage only when
in a structurally sound and sanitary condition and deemed satisfactory
by the Borough of the Authority.
B.
No building sewer shall be covered until it has been inspected an
approved by the Borough. If any part of a building sewer is covered
before so being inspected an approved, it shall be uncovered for inspection
at the cost and expense of the owner of the improved property to be
connected to a sewer.
C.
Every building sewer of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
D.
Every excavation for a building sewer shall be guarded adequately
with barricades and lights to protect all persons from damage and
injury. Any street, sidewalk or other public property disturbed in
the course of installation of a building sewer shall be restored,
at the cost and expense of the owner of such improved property being
connected, in a manner satisfactory to the Borough.
E.
If any person shall fail or shall refuse, upon receipt of a notice
of the Borough, in writing, to remedy any unsatisfactory condition
with respect to a building sewer within 60 days of receipt of such
notice, the Borough or the Authority may refuse to permit such person
to discharge sanitary sewage and industrial wastes into the sewer
system until such unsatisfactory condition shall have been remedied
to the satisfaction of the Borough or the Authority.
F.
This Borough or the Authority reserves the right to adopt, from time
to time, additional rules and regulations as it shall deem necessary
and proper relating to connections with a sewer and with the sewer
system, which additional rules and regulations, to the extent appropriate,
shall be and shall be construed as part of this article.
A.
All owners of property connected or connecting with the sewer lines
and the public sewer system, and all of the owners of any improved
property who may hereafter connect with and use the same shall pay
annual sewer rentals or charges in quarterly installments as hereinafter
provided, for the use of such sewage facilities based upon a schedule
of rates to be determined by resolution of the Authority.
B.
Sewer rentals or charges shall be paid quarterly in accordance with
billings for sewage services, except that during the first quarter
that a residential, commercial or industrial user begins to discharge
sewage into the sewer system, said charge shall be based on a per
diem amount prorated from the time such sewer connection is made until
the next following quarterly billing period. All charges for sewage
service shall be subject to a 10% penalty if not paid within 30 days
after they are due. If not paid within 60 days after due, the net
bill plus penalty shall bear interest at the rate of 1/2% of 1% per
month or fraction thereof until paid.
C.
Annual sewer rental charges shall be a lien on the properties charged
with payment thereof, from the effective date of this article, and
if not paid after 30 days' notice, may be collected in any civil
suit, or other legal or equitable remedy provided by law, including,
without limitation, the entry of a municipal lien of record in the
Office of the Prothonotary of Schuylkill County, Pennsylvania. In
the case where the Authority has agreed to provide sewer service to
an improved property in which the owner does not reside, the Authority
shall notify the owner and the tenant within 30 days after the tenant's
bill for that service first becomes overdue. Such notifications shall
be provided by first-class mail to the address of the owner provided
to the Authority by the owner and to the billing address of the tenant,
respectively.[1]
D.
No statement contained in this article shall be construed as to prevent
any special agreement or arrangement between the Authority and any
industrial concern whereby an industrial waste of any strength or
character may be accepted by the Authority for treatment, subject
to payment therefore by the industrial concern.
A.
Any person who shall violate this article shall, upon conviction
in a summary proceeding under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus court costs and reasonable attorneys’
fees incurred by the Borough in the enforcement proceedings. Upon
judgment against any person by summary conviction, or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the costs, the defendant may be sentenced and committed to the
county correctional facility for a period not exceeding 30 days. Each
day that such violation exists shall constitute a separate offense,
and each section of this article that is violated shall also constitute
a separate offense. In addition to or in lieu of enforcement under
this section, the Borough may enforce this article in equity in the
Court of Common Pleas of Schuylkill County.[1]
B.
Fines and costs imposed under provisions of this article shall be
enforceable and recoverable in the manner at the time provided by
applicable law and shall be payable to this Borough.
It is declared that enactment of this article is necessary for
the protection, benefit and preservation of the health, safety and
welfare of inhabitants of this Borough.
