[Adopted 8-8-1989 by Ord. No. 400, approved 8-8-1989[1]]
[1]
Editor's Note: This ordinance repealed former Art. V, Connection to Sewer System, adopted 5-10-1977 by Ord. No. 321, approved 5-11-1977.
Unless the context specifically and clearly indicates otherwise, the meanings of the terms and phrases used in this article shall be as follows:
AUTHORITY
West Conshohocken Municipal Authority, a municipality authority incorporated pursuant to provisions of the Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382,[1] as amended and supplemented, of the commonwealth.
BOROUGH
The Borough of West Conshohocken, Montgomery 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.
BUILDING SEWER
The extension from the sewage drainage system of any structure to the lateral of a sewer.
COMMONWEALTH
The Commonwealth of Pennsylvania.
IMPROVED PROPERTY
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.
INDUSTRIAL ESTABLISHMENT
Any improved property located within this Borough and 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 within this Borough from which wastes, in addition to or other than sanitary sewage, shall be discharged.
INDUSTRIAL WASTES
Any and all wastes discharged from any industrial establishment, other than sanitary sewage.
LATERAL
As applicable:
A. 
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
B. 
That portion of or place in a sewer, including but not limited to an existing or installed septic tank, which shall be connected to any building sewer.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
PERSON
Any individual partnership, company, association, sociate, trust, corporation, municipality, municipality authority or other group or entity.
SANITARY SEWAGE
Normal water-carried household and toilet wastes from any improved property.
SEWER
Any pipe or conduit constituting a part of the sewer system, including but not limited to a septic tank so designated by this Borough, used or usable for sewage collection purposes.
SEWER SYSTEM
All facilities, as of any particular time, for collecting, pumping, transmitting, treating and disposing of sanitary sewage and/or industrial wastes, situate in or adjacent to this Borough and owned by the Authority and to be leased to this Borough for maintenance, operation and use.
STREET
Includes any street, road, lane, court, cul-de-sac, alley, public way or public street.
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53 P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June 19, 2001, P.L. 287, No. 22). See now the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]
Unless otherwise directed by the West Conshohocken Municipal Authority, the owner of may improved property benefited, improved or accommodated by a sewer shall connect such improved property with such sewer, in such a manner as this Borough may require, within 45 days after notice to such owner from the Borough, or the West Conshohocken Municipal Authority, to make such connection for the purpose 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 the West Conshohocken Municipal Authority from time to time.
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under § 93-23, shall be conducted into a sewer subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by the West Conshohocken Municipal Authority from time to time.
A. 
No person shall place, shall deposit or shall permit to be placed or to be deposited upon public or private property within this Borough any sanitary sewage or industrial wastes in violation of § 93-23, including discharges into any on-site septic tank, holding tank, any on-site sewage facility or any facility of any kind other than the public sewer system of the West Conshohocken Municipal Authority.
[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]
B. 
No person shall discharge or shall permit to be discharged to any natural outlet within this Borough any sanitary sewage or industrial wastes in violation of § 93-23, except where suitable treatment has been provided which is satisfactory to this Borough.
A. 
After notice from the Borough or the Authority that a property must be connected to the Authority's public sewer system, no privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon any improved property unless the same has been specifically permitted in writing by the Authority to remain in place and to be part of the connection from the structure to the public sewer system.
[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]
B. 
Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence which is not required by the West Conshohocken Municipal Authority to be connected to a sewer shall be abandoned and, at the discretion of the West Conshohocken Municipal Authority, shall be cleansed and shall be filled, at the expense of the owner of such improved property, under the direction and supervision of the West Conshohocken Municipal Authority, and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so connected or abandoned, as appropriate, and, if required by the West Conshohocken Municipal Authority, 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.
C. 
No person shall connect any privy vault, cesspool, sinkhole, septic tank or similar receptacle with a sewer at any time unless directed to do so by the West Conshohocken Municipal Authority.
[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]
The notice by the Borough or the West Conshohocken Municipal Authority to make a connection to a sewer referred to in § 93-23 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 hereof 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 after the date such notice is given or served. Such notice may be given or served at any time after 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 given or served upon the owner in accordance with law.
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 part of the sewer system without first obtaining a permit, in writing, from the West Conshohocken Municipal Authority.
Application for a permit required under § 93-28 shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
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:
A. 
Such person shall have notified the Secretary of the West Conshohocken Municipal Authority of the desire and intention to connect such improved property to a sewer.
B. 
Such person shall have applied for and shall have obtained a permit as required by § 93-28.
C. 
Such person shall have given the secretary of the West Conshohocken Municipal Authority at least 72 hours' notice of the time when such connection will be made so that the West Conshohocken Municipal Authority may supervise and inspect or may cause to be supervised and inspected the work of connection and necessary testing.
[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]
D. 
If applicable, such person shall have furnished satisfactory evidence to the Secretary of the West Conshohocken Municipal Authority that any connection charge which may be charged and imposed by the Authority against the owner of each improved property to a sewer has been paid.
[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]
Except as otherwise provided in this section, each individual building shall be connected separately and independently with a sewer 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 sanitary reasons or other good cause shown, but then only after special permission of the West Conshohocken Municipal Authority, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by the West Conshohocken Municipal Authority.
[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]
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 the Borough and the West Conshohocken Municipal Authority, all elected and appointed officials of the Borough and the Authority and all agents, consultants and employees of the Borough and the Authority from all loss, costs, including construction costs and all legal fees and costs 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. Such indemnity shall apply regardless of any negligence of the party claiming indemnity.
A. 
A building sewer shall be connected to a sewer at the place designated by the West Conshohocken Municipal Authority and where, if applicable, the lateral is provided.
B. 
The invert of a building sewer at the point of connection 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.
[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]
If the owner of any improved property benefited, improved or accommodated by a sewer, after 45 days' notice from the Borough or the West Conshohocken Municipal Authority, in accordance with § 93-23, shall fail to connect such improved property as required, the Borough or the West Conshohocken Municipal Authority may enter upon such improved property and construct such connection and may collect from such owner the costs and expenses thereof in the manner permitted by law.
[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]
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 proper fittings, to continue such house sewer line as a building sewer. Said house sewer line shall only be used upon written documentation from a plumber that the house line is currently watertight and complies with the applicable Borough codes, including the plumbing code, and all Authority rules and regulations.
No building sewer shall be covered until it has been inspected and approved by the West Conshohocken Municipal Authority. If any part of a building sewer 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.
Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
A. 
Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury.
B. 
Any street, sidewalk and 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 the improved property being connected, in a manner satisfactory to the West Conshohocken Municipal Authority.
If any person shall fail or shall refuse, upon receipt of a notice of the West Conshohocken Municipal Authority, in writing, to remedy any unsatisfactory condition with respect to a building sewer, within 45 days of receipt of such notice, the West Conshohocken Municipal 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 West Conshohocken Municipal Authority.
The West Conshohocken Municipal Authority shall have 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.
[Amended 10-12-2010 by Ord. No. 2010-14, approved 10-12-2010]
A. 
Any person violating the provisions of this article shall be subject to the provisions detailed in Chapter 53A of the Code of the Borough of West Conshohocken.
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.
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.