[Adopted 9-15-1964 by Ord. No. 6-1964]
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows:
AUTHORITY
Coaldale, Lansford, Summit Hill Sewer Authority, a Pennsylvania municipality authority.
BOROUGH
The Borough of Summit Hill, Carbon County, Pennsylvania, a Pennsylvania municipal corporation, acting by and through its Council or, in appropriate cases, acting by and through its authorized representatives.
BUILDING SEWER
The extension from the sewage drainage system of any structure to the lateral of a sewer.
IMPROVED PROPERTY
Any property located 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.
INDUSTRIAL WASTES
Any solid, liquid or gaseous substance or form of energy ejected or escaping in the course of any industrial, manufacturing, trade or business process or in the course of the development, recovery or processing of natural resources, as distinct from sanitary sewage.
LATERAL
That part of the sewage collection 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.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in this Borough.
PERSON
Any individual, partnership, company, association, society, corporation or other group or entity.
SANITARY SEWAGE
Normal water-carried household and toilet wastes from any improved property.
SEWAGE COLLECTION SYSTEM
All facilities, as of any particular time, for collecting, pumping, transporting and disposing of sanitary sewage and industrial wastes, situate in or adjacent to this Borough and owned and operated by this Borough.
SEWER
Any pipe or conduit constituting part of the sewage collection system used or usable for sanitary sewage collection purposes.
SEWER CONNECTION LINE
That piping or conduit in the sewage collection system for collecting and transporting sanitary sewer or industrial water from any structure to the main sewer line, consisting of a building sewer and a lateral as those terms are defined herein.
[Added 6-11-2001 by Ord. No. 5-2001]
SEWER, MAIN LINE
Any pipe or conduit where the sewer connection line enters and is attached for purposes of disposing, collecting and transporting sanitary sewer or industrial waste away from any structure connected thereto.
[Added 6-11-2001 by Ord. No. 5-2001]
A. 
The owner of any improved property benefited, improved and accommodated by a sewer shall connect such improved property therewith, in such manner as this Borough may require, within 45 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 to such limitations and restrictions as shall be established herein or otherwise shall be established by this Borough 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 of this section, shall be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by this Borough from time to time.
C. 
Prohibited discharges.
(1) 
No person shall place or deposit or permit to be placed or deposited upon public or private property within this Borough any sanitary sewage or industrial wastes in violation of Subsection A of this section.
(2) 
No person shall discharge or permit to be discharged to any natural outlet within this Borough any sanitary sewage or industrial wastes in violation of Subsection A of this section except where suitable treatment has been provided which is satisfactory to this Borough.
D. 
Prohibited structures.
(1) 
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used and maintained at any time upon any improved property which has been connected to a sewer or which shall be required under Subsection A of this section 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 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, 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.
F. 
The notice by this Borough to make a connection to a sewer, referred to in Subsection A of this section, 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 45 days from the date such notice is given. Such notice may be given at any time after suitable facilities for transporting, treating and disposing of sanitary sewage and industrial wastes are provided by the Authority. Such notice shall be served upon the owner either by personal service or by registered mail or by such other method as at the time may be provided by law.
A. 
No person shall uncover, connect with, make any opening into or use, alter or disturb, in any manner, any sewer or any part of the sewage collection system without first obtaining a permit, in writing, from this Borough.
B. 
Application for a permit required under Subsection A of this section shall be made by the owner of the improved property to be served.
C. 
No person shall make or 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 Secretary of this Borough of the desire and intention to connect to a sewer.
(2) 
Such person shall have applied for and obtained a permit as required by Subsection A of this section.
(3) 
Such person shall have given the Secretary of this Borough at least 24 hours' notice of the time when such connection will be made so that this Borough may supervise and inspect the work of connection and necessary testing.
D. 
Except as otherwise provided in this section, each improved property shall be connected separately and independently with a sewer by means of a sewer connection line consisting of a building sewer and a lateral. Grouping of more than one improved property on one sewer connection line shall not be permitted except under special circumstances and for good sanitary reasons or other good cause shown and then only after special permission of this Borough, in writing, shall have been secured and subject to such rules, regulations and conditions as may be prescribed by this Borough.
[Amended 6-11-2001 by Ord. No. 5-2001]
E. 
For and in consideration of the use of the sewer collection system by the property owner, and in addition to any other customary charges related to said sewer collection system, all costs and expenses of construction and installation of and/or repair to a sewer connection line, consisting of a building sewer and a lateral and the connections from the improved property to the main sewer line, shall be borne by the owner of the improved property to be connected. Such owner shall indemnify and save harmless this Borough from all loss or damage that may be occasioned, directly or indirectly, as a result of construction and installation of and/or repair to the sewer connection line including the connection of a lateral to a main line sewer or of a connection of a lateral to a building sewer.
[Amended 6-11-2001 by Ord. No. 5-2001]
F. 
A building sewer shall be connected to a sewer at the place designated by this Borough and where the lateral is provided. The invert of a building sewer shall be at the same or higher elevation than the invert of the sewer. 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 benefited, improved and accommodated by a sewer, after 45 days' notice from this Borough in accordance with § 379-2A, 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 claim, an action in assumpsit or such other legal proceeding as may be 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 device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or device and attachment shall be made, with proper fittings, to continue such house sewer line as a building sewer.
B. 
No sewer connection line shall be covered until it has been inspected and approved by this Borough. If any part of a sewer connection line is covered before so being inspected and 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.
[Amended 6-11-2011 by Ord. No. 5-2001]
C. 
Every sewer connection line of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
[Amended 6-11-2011 by Ord. No. 5-2001]
D. 
Every excavation for a sewer connection line shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Streets, sidewalks and other public property disturbed in the course of installation of a sewer connection line shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to this Borough.
[Amended 6-11-2011 by Ord. No. 5-2001]
E. 
If any person shall fail or refuse, upon receipt of a notice of this Borough, in writing, to remedy any unsatisfactory condition with respect to a sewer connection line, within 45 days of receipt of such notice, this Borough may refuse to permit such person to discharge sanitary sewage and industrial wastes into the sewage collection system until such unsatisfactory condition shall have been remedied to the satisfaction of this Borough.
[Amended 6-11-2011 by Ord. No. 5-2001]
F. 
This Borough 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 the sewage collection system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this article.
G. 
No person shall make connection of roof downspouts, foundation, drains, sump pumps, areaway drains or other sources of surface runoff or groundwater in any manner resulting in such surface runoffs or groundwater being discharged directly or indirectly into the sewer connection system. Any person found to have a connection of this type shall be formally notified, in writing, that he must remove the connection discharging such surface runoff or groundwater. Such person shall have 45 days from said notification in which to remove such connection or shall hereby be in violation of this article, and such person shall, upon conviction, be subject to the penalties herein described, with each day such violation shall persist constituting a separation violation.
[Added 6-11-2001 by Ord. No. 5-2001]
H. 
No owner of property shall be permitted to discharge into the sewer system any waste or drainage other than sanitary sewage except as may be expressly permitted by the rules and regulations of the Borough currently in effect.
[Added 6-11-2001 by Ord. No. 5-2001]
A. 
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a 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 Carbon County.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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.
A. 
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.