[Adopted 3-30-2004 by Ord. No. 2004-4; amended in its entirety 12-18-2018 by Ord. No. 2018-13]
Words used in this Article for which definitions are not established
shall be given their usual and customary meaning. Terms defined in
other ordinances of the Township shall be defined in accordance with
said definitions. Unless the context specifically indicates otherwise,
the meaning of the following terms when used in this Article shall
be as set forth below:
The owner of the property or, where applicable, the lessee
of the property accorded authority under a lease to apply for a permit
which pertains to the sanitary sewer system.
Of a corporation, the president, secretary, treasurer or vice
president or other person submitting written confirmation of authority
to perform the act for and on behalf of the corporation.
Of a partnership or limited partnership, a general partner.
Of an individual, the individual or other person submitting
a written confirmation of authority to perform the act for and on
behalf of said individual, so long as the owner remains ultimately
liable for performance.
Of a federal, state or local governmental entity, a director
or highest official appointed or designated to oversee the operation
and performance of the activities of the entity, or their designee.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration (e.g., milligrams
per liter).
That collection of pipes, clean-outs, small-diameter pressure
sewers, curb boxes and related appurtenances which transport sewage
from a premises on private property to the public sanitary sewer main.
The term includes building laterals and building drains and the term
"service connection."
Extends to the installation, alteration, modification or
termination/disconnection of an existing service connection to the
sanitary sewer system, unless expressly provided otherwise in this
Article. This term refers to the act of effecting or altering a service
connection to the sanitary sewer system.
Solid waste from the preparation of cooking, dispensing of
food and/or from the handling, storage and sale of produce.
A mechanism that shreds and pressurizes sewage, consisting
of motor, pump and shredder as well as housing, wiring and alarms,
and is considered a part of the building sewer.
Construed to mean any liquid, gaseous, radioactive, solid
or other substance, not ordinary waste or sewage, but including discharges
from pretreatment facilities, resulting from any manufacturer or industry
or from any establishment, including those recovering or processing
natural resources, and shall include all such substances, whether
or not generally characterized as "waste."
Any outlet into a watercourse, ditch, pond, lake or other
body of surface or ground water.
The person, firm, corporation, partnership, association or
other entity having an interest as owner, whether legal or equitable,
sole or partial, in any premises which is or may be furnished public
sanitary sewerage service.
Any individual, partnership, firm, company, corporation,
association, joint stock company, trust, limited liability company,
estate, governmental entity or other legal entity, or their legal
representatives, agents or assigns.
All or any portion of a sewerage system not owned by the
Township.
Any well owned by any person for his, her or its private
use in providing water for any purpose whatsoever.
Garbage which has been shredded to such a degree that all
particles will be carried freely under the flow conditions normally
prevailing in public sewers, with no particle greater than 1/2 inch
in any dimension.
All sanitary sewers, pumping stations, sewerage treatment
works, pressure systems and other facilities owned and operated by
the Township for the collection, conveyance and treatment of sanitary
sewage and industrial waste with their appurtenances and any additions,
extensions or improvements that may be made by the Township and/or
its agents or representatives.
Includes books, documents, papers, apparatus, data, readings,
records of analysis, graphs, plans, investigative reports and ledgers.
The rules and regulations governing the use and operation
and of the public sanitary sewer system adopted by the Board of Supervisors,
as they may be amended from time to time.
A sewer which carries sewage and/or industrial wastes and
to which storm, surface and ground waters are not intentionally or
lawfully admitted.
Includes the pipe, clean-out, small-diameter pressure sewer
and related appurtenances that transport sewage, normally from a single
premises, from the edge of the public right-of-way and/or easement
to and including the attaching connection at the sanitary sewer main.
Any combination of water-carried wastes from residences,
buildings, industrial establishments, commercial establishments, institutions,
manufacturing plants, processing plants or other places in which such
wastes are produced, together with such ground, surface, storm or
other water as may be present. This includes but is not limited to
human waste and gray water (dish-washing operations, household showers,
basement, floor and garage drains, swimming pools, etc.).
Includes all devices, facilities and/or structures used for
treatment of sewage and/or industrial wastes.
All facilities for collecting, pumping, transporting, treating
and disposal of sewage and industrial wastes.
A pipe or conduit for carrying sewage.
When used in this Article, means a mandatory obligation.
The procedure prescribed in the latest edition of Standard
Methods for the Examination of Water and Wastewater.
Includes any sewer or conveyance which carries stormwater,
surface water, drainage and some industrial water discharges (such
as cooling and air-conditioning waters), but excludes sewage and polluted
industrial waters.
Includes any flow occurring during or following any form
of natural precipitation and resulting from such precipitation, including
snowmelt. The term shall include but not be limited to flows from
sump discharges, detention or retention facilities, downspouts, roof
and other drains and other conveyance facilities.
Solids which either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering in accordance with standard laboratory procedure.
Millcreek Township.
The professional engineer employed by the Township, his or
her assistant or designee, or any consulting engineer retained by
the Township.
A.
The owner of each and every house, building or other property located
in Millcreek Township which is used for human occupancy, employment,
recreation or other purpose and abuts on any street, highway, easement
or right-of-way in which there has been constructed a sanitary sewer
shall, at the owner's sole expense, install suitable sanitary sewer
facilities therein and connect such facilities (including floor, basement
and garage drains and swimming pools) and industrial waste outlets
directly with the public sanitary sewer system in accordance with
the provisions of this Article and with the Rules and Regulations
within 60 days after the date of official notice to do so given in
the manner provided by law.
B.
The owner of any property upon which a new, altered or reconstructed
building is constructed on or after enactment of this Article shall
not occupy or cause or allow to be occupied such building until such
time as the building's sanitary facilities and any industrial waste
outlets are properly connected to the public sanitary sewer system
in accordance with the requirements of this Article.
In lieu of introducing untreated or partially treated industrial
wastes and polluted waters into the public sanitary sewer system,
the owner of premises producing such wastes (including floor, basement
and garage drains and swimming pools), upon receiving and complying
with all applicable permits and regulations of the Township, the Pennsylvania
Department of Environmental Protection, the United States Environmental
Protection Agency and/or the Erie County Health Department, may at
the owner's sole cost and expense, construct and operate private waste
treatment facilities, with the effluent discharged to a natural outlet.
The Township may refuse to allow an on-lot system where it does not
meet the Rules and Regulations. Authorized private waste treatment
facilities shall be maintained and operated at all times in a satisfactory
and effective manner and in accordance with all regulations.
A.
Permits required. No connection or other work to the public or private
sanitary sewer system shall be effected, repaired, altered, modified
or disconnected unless the owner of the subject premises shall first
apply for and obtain a permit. "Connection" and "disconnection" as
used in this section shall include all connections and discharges
to the sanitary sewer system, including but not limited to sewer drains
and lateral connections.
B.
Application for permit. Each owner of any premises as set forth in §§ 102-30 and 102-32A shall make application in writing to the Township for a permit to make, alter, repair or terminate a connection to the public or private sanitary sewer. Such application shall be made to the Township on such forms as are adopted by Rules and Regulations.
C.
Application to be signed. Such application shall be signed by the
owner(s), unless the owner(s) shall provide to the Township writing
giving authorization to another person to make application and acknowledging
that responsibility for compliance with this Article and any permit
issued rests with owner(s).
D.
Content of application. In addition to other requirements as established
by Rules and Regulations, such application shall set forth:
(1)
The name and mailing address of the property owner(s);
(2)
The address of the property subject to the permit application;
(3)
A description of the lot subject to the application, including the
subdivision, if any, and the lot's assigned number in said subdivision;
(4)
The Erie County or Millcreek Township index number assigned to the
property;
(5)
The street where connection is to be made, altered or disconnected
to or from the sewer system;
(6)
The name and address of the contractor who shall perform the sewer
work;
(7)
A plan of the subject premises showing the proposed connection, alteration
or disconnection and the sewer facilities;
(8)
The intended use of the property upon connection (i.e., one-family,
two-family or multifamily residential, commercial, industrial).
E.
Financial security required. No permit shall be issued without the
applicant(s)'s first executing and tendering financial security in
favor of Millcreek Township in an amount fixed and on forms approved
and adopted by the Rules and Regulations. Said financial security
shall serve as security for the proper performance of work subject
to the requested permit in full compliance with this Article and the
Rules and Regulations and for repairs to streets and/or sanitary sewer
facilities deemed by the Township to be necessary or appropriate as
a consequence of said work.
F.
Permit, tapping and other fees. Each applicant for a permit shall,
upon submission of a permit application, pay in full all filing, review,
inspection, tapping and other fees as are established therefor by
Rules and Regulations. Any developer's agreement or private service
agreements required or administered the Township in connection with
such application must be concluded prior to issuance of a permit.
Any sums due as tapping fees or as reimbursements to a developer who
constructed mains to which connection is requested shall be paid in
full prior to issuance of a permit.
G.
Issuance or denial of permit.
(1)
No permit to connect to the sanitary sewer system shall be issued
until and unless there has been constructed within the adjacent street,
highway, easement or right-of-way public sanitary sewer facilities
to which such connection can be effected, unless the Board of Supervisors
should otherwise determine, and subject to such conditions as the
Board shall then impose.
(2)
No permit to connect to the sanitary sewer system (this including
alteration or disconnection of existing connections) shall be issued
unless all requirements of this Article and of the Rules and Regulations
governing the sanitary sewer system have been fully complied with.
(3)
If an application for permit is denied, the Township shall in writing
state the reason(s) for denial.
H.
Legal effect of permit. A permit issued to authorize a connection
shall authorize work as applied for and approved, and shall be valid
for one year from the date the permit is issued. Permits shall expire
one year after the date of their issuance, unless the applicant, prior
to the expiration date, shall have requested an extension and the
Township, for good cause shown, shall in writing have approved an
extension.
A.
All connections made to any public sanitary sewer of Millcreek Township
shall be constructed in compliance with this Article and the Rules
and Regulations and the permit as issued.
B.
No work may be done to a building sewer, service connection, public
sewer main or a private sewer system without a permit therefor first
being issued. All such work shall be done in conformity with regulations
governing the public sewer system and shall be available for inspection
prior to completion of the work.
C.
The Board of Supervisors are authorized to establish regulations
governing connections to the public sewer system, including those
in municipalities which are tributary to the system, as deemed necessary
or appropriate to comply with the adopted sewage facilities plan,
any order or agreement and/or any law or regulation then in force
which imposes limitations or other requirements on connections to
the public sewer system or upon allowed capacity of flows.
D.
Grease, oil and sand interceptors shall be provided for outlets connected
with the public 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, subject to the following regulations:
(1)
Interceptors are not required for private living quarters or dwelling
units.
(2)
Grease and oil interceptors shall be constructed of impervious materials
capable of withstanding abrupt and extreme changes in temperature,
and shall be of substantial construction, watertight and equipped
with easily removable covers which, when secured, shall be gastight
and watertight.
(3)
All interceptors shall be of a type and capacity approved by the
Township Engineer, and shall be located so as to be readily and easily
accessible for cleaning and inspection.
(4)
All grease, oil and sand interceptors, where required, shall be installed
and maintained at the owner's sole cost and expense. Such units shall
be operated and maintained so that they shall be continuously efficient
and shall be cleaned and repaired as required to maintain such efficient
system.
A.
In the event the owner of any property required to connect to the public sanitary sewer system shall fail, refuse or neglect to connect with the sewer system prior to occupancy or within the sixty-day period specified in § 102-30A, the Township, by its authorized employees, agents, contractors or designees, may enter upon such property and construct such connection.
B.
Such connection may be effected by the Township at its election at
any time following expiration of the sixty-day period or unlawful
commencement of occupancy, without further notice to the owner being
required.
C.
Should the Township effect and construct a connection pursuant to
this section, it shall, upon completion of the work, send an itemized
invoice for the cost of construction of such connection to the owner
of the property upon which such connection has been made, which invoice
shall be payable forthwith. Such invoice shall constitute a claim
and assessment as defined in the general municipal law, 53 P.S. § 7106
et seq., as the same may be amended, and shall constitute a municipal
claim from the date of the invoice.
D.
Interest shall accrue on sums not paid within 30 days after the date
of the invoice at the rate of 10% per year from the invoice date.
E.
In case of failure, neglect or refusal by the owner of the property
to pay such invoice in full, the Board of Supervisors shall cause
to be filed a municipal lien for the costs of said construction, together
with interest and costs, within six months after the date of completion
of the connection, such lien to be subject in all respects to the
general law provided for the filing and recovery of municipal liens
and claims.
A.
No contractor not properly licensed by the Township shall perform
work related to or involving connection to the public sewer system.
B.
Requirements for determining eligibility of and issuing licenses
to persons to conduct work involving connections to the sanitary sewer
system shall be as established by the Rules and Regulations.
C.
All persons wishing to engage in work involving connections to the
sanitary sewer system shall, prior to performing any such work, submit
to the Township an application for license on a form adopted by rules
and regulations governing the sewer system and pay such fee for a
license as is established under such Rules and Regulations.
D.
The Township, for good cause shown and pursuant to the Rules and
Regulations governing the sewer system, shall have authority to refuse
to issue a license to a person not meeting requirements for a license
or to suspend or revoke a previously issued license.
A.
Approval by the Township of a sewage planning module under Act 537
of the Commonwealth of Pennsylvania[1] shall generally constitute only approval and acknowledgment
that the public sanitary sewer system as to be improved and/or extended
under such application can accommodate the proposed development and
use. Approval of an Act 537 planning module application shall not
constitute a contract authorizing new connections.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
B.
All new connections pursuant to an approved Act 537 planning module
shall be subject to regulation by the Township, which may impose limitations
on timing of new connections if determined to be necessary to comply
with existing agreements or orders, or to ensure proper operation
of the system.
C.
If the Township is obligated under order or agreement to limit the
number of new connections to or capacity of flows of the public sewer
system, or if it is determined that new connections must be limited
to ensure proper operation of the system, the Township shall enact
such regulations as are then required.
B.
The admission into the public sewer system of any polluted waters or industrial wastes containing any quantity of substances having the characteristics described in § 102-42F of this Article or those described in the Industrial Waste Ordinance as being subject thereto shall be subject to the provisions of the Industrial Waste Ordinance.
C.
When required by the Township Engineer, the owner of any property
served by a building sewer carrying industrial wastes discharging
into the sewer system shall install a suitable control manhole in
the building sewer to facilitate observation, sampling and measurement
of the wastes. Such manhole, when required, shall be accessibly and
safely located, and shall be constructed at the owner's sole expense
in accordance with plans approved by the Township Engineer, and shall
be maintained by the owner so as to be safe and accessible at all
times.
D.
Every person and establishment other than residences which discharge
industrial and sanitary wastes into the public sewer system or into
any sewer connected therewith shall file forthwith a report in accordance
with the Millcreek Township Industrial Waste Ordinance.
E.
Every person discharging industrial waste mixture into the public
sewer system or into sewers connected thereto shall keep and maintain
records of the data required to be furnished in the questionnaire
as defined above and in the Industrial Waste Ordinance, and such records
shall be available for inspection during regular business hours by
authorized employees or representatives of the Township upon their
presentation of written credentials of their authority, and such employees
or representatives shall be permitted to make and retain copies of
such records.
F.
Discharge or introduction of nondomestic pollutants from any source
into the public sewer system shall be in accordance with the Industrial
Waste Ordinance.
Where preliminary treatment facilities are provided for any
waters or wastes, such preliminary facilities shall be maintained
continuously in satisfactory and effective operation by the owner
at the owner's sole expense.
A.
The Township shall be responsible for inspections, repairs to, maintenance
of and reconstruction of the public sanitary sewer mains.
B.
The owner of a property abutting the public sanitary sewer main and
the right-of-way or easement in which the main is located shall be
responsible for inspections, repairs to, maintenance of and reconstruction
of the building or private sewer and all appurtenances of the building
or private sewer system.
C.
In its sole discretion and when it is determined that the same is
necessary or appropriate, the Township shall replace existing service
connections attaching to the public sewer main.
D.
Where a grinder pump is provided to serve a particular property in
connection with a public project where such property cannot otherwise
be feasibly served, the Township will include the cost and installation
of the grinder pump and appurtenances of the project and its costs,
but after such installation, the owner of a property served by a grinder
pump shall be solely responsible for inspections, maintenance of,
repairs to and replacement or reconstruction of said grinder pump
and appurtenances. In all other cases, the owner shall be responsible
for all costs of acquiring and installing a grinder pump and appurtenances,
subject to approval by the Township, and shall own and be responsible
for the repair, maintenance and/or replacement of the grinder pump
and all appurtenances. In all cases, the property owner shall be responsible
for payment of all charges for electrical service or other power for
operation of a grinder pump.
A.
The Township may conduct such investigations and tests as are necessary
to enforce this Article, and employees of the Township, or their agents,
may enter upon any property for the purpose of taking samples, obtaining
information or conducting surveys or investigations relating to such
enforcement. Inspections are authorized for any purpose related to
proper enforcement and administration of this Article, including but
not limited to ensuring proper connections and identifying and disconnecting
unauthorized or unlawful connections. Policies and procedures pertaining
to investigations, tests and surveys shall be as established in the
Rules and Regulations.
B.
Enforcement of provisions of this Article regarding wastes which
will interfere with operation of the Erie wastewater treatment plant
shall be by the Township or its designated agents.
C.
Limitations on wastewater strength in this Article may be supplemented
with more stringent limitations if:
(1)
The Township determines that those limitations may not be sufficient
to protect the operation of the treatment works; or
(2)
The Township determines that the limitations are not sufficient to
enable the treatment works to comply with water quality standards
or effluent limitations specified in permits of the National Pollutant
Discharge Elimination System (NPDES) or the Pennsylvania Department
of Environmental Protection.
A.
The Board of Supervisors is authorized to establish Rules and Regulations
and to adopt forms for use in implementing and administering this
Article. Such Rules and Regulations and forms shall be as approved
by the Board of Supervisors and may be amended from time to time as
is deemed appropriate.
B.
The Board of Supervisors is authorized to establish and amend fees
and other charges for permits, licenses, tapping privileges, reviews,
inspections, certifications and other matters subject to this Article
and amounts of bonds required by this Article and/or related to proper
operation of the sewer system.
C.
Permits, licenses and certifications authorized in this Article shall
be received, reviewed, issued, suspended or revoked by the Board of
Supervisors or its designee.
D.
The Township Engineer and other employees or agents authorized by
the Township, bearing proper credentials and identification, shall
be permitted to enter upon all properties in Millcreek Township for
the purpose of inspection, observation, measurement, sampling, testing
and/or review, inspection and copying of records, in accordance with
the provisions of this Article and the Rules and Regulations.
E.
The Township Engineer is vested with authority to issue enforcement
notices and commence actions for enforcement of this Article.
F.
Upon written request by the property owner, prospective purchaser
or agent or contractor of either, the Township shall have authority
to inspect a property for the purpose of determining whether its connection(s)
to the sanitary sewer system is or are in accordance with this Article
and the Rules and Regulations. Such request shall be accompanied by
a written authorization by the property owner allowing the Township
to inspect the property for the purpose of addressing such request.
Fees for such requests and certifications, and forms to be used therefor
shall be as established by the Rules and Regulations.
It shall be unlawful and a violation of this Article for any
person, directly or indirectly, to do or cause or allow to be done
any of the following:
A.
The placement or deposit of sewage, municipal waste or other objectionable
wastes upon any public or private property within Millcreek Township
or in any area under the jurisdiction of Millcreek Township.
B.
The discharge of sewage into any natural outlet within Millcreek
Township.
C.
The discharge of industrial wastes or other polluted water into any
natural outlet within Millcreek Township, unless the person doing
so is operating with the prior approval of or under a permit issued
by the U. S. Environmental Protection Agency or the Pennsylvania Department
of Environmental Protection.
D.
The construction or maintenance of any privy, privy vault or cesspool,
other than an on-lot sewage system approved by the Township and constructed
in accordance with current regulations of the Erie County Department
of Health and/or the Pennsylvania Department of Environmental Protection.
E.
The discharge of any stormwater, surface drainage, ground drainage,
roof runoff, subsurface drainage or unpolluted industrial process
waters into any public sanitary sewer:
(1)
Stormwater and all other unpolluted drainage shall be discharged
into such sewers as are specifically designated as storm sewers, if
available, or to a natural outlet approved by the Board of Supervisors.
(2)
Unpolluted process waters shall be discharged into a storm sewer
approved by the Board of Supervisors or, with prior approval of the
Township, into a natural outlet if such storm sewer or outlet is not
available.
F.
Discharge of any of the following described waters or wastes into
any public sanitary sewer:
(1)
Any liquid or vapor having a temperature higher than 150° F.;
(2)
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas;
(3)
Any garbage that has not been properly shredded;
(4)
Any ashes, sand, cinders, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, paunch manure or any other solid or
viscous substance not meeting the definition of properly shredded
garbage and/or which is capable of obstruction to the flow in sewers
or other interference with the proper operation of the sewage works;
(5)
Any waters or wastes having a pH lower than 5.5 or higher than 9.0,
or having any other corrosive property capable of causing damage or
hazard to structure, equipment processes and/or personnel of the sewage
works or the sewage treatment plant;
(6)
Any waters or wastes containing a toxic or poisonous substance 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 receiving waters of the sewage treatment plant;
(7)
Any waters or wastes containing suspended solids of such character
and quantity that unusual attention or expense is required to handle
such materials at the sewage treatment plant;
(8)
Any noxious or malodorous gas or substance capable of creating a
public nuisance; or
G.
Construction or effectuation by any owner(s), themselves or by or
through their contractors, agents or assigns, of a connection, alteration
to or termination of a connection to the sanitary sewer system in
a manner contrary to or not in strict compliance with the terms of
an approved permit.
H.
Construction or effectuation by any owner(s), themselves or by or
through their contractors, agents or assigns, of a connection, alteration
to or termination of a connection to the sanitary sewer system in
any manner contrary to or not in strict compliance with the regulations
of this Article or the Rules and Regulations.
I.
Performance of any work involving connections to the Millcreek Township
sewer system by a person not licensed by the Township to perform such
work.
J.
Failure or refusal to connect to the public sewer system within the
time authorized by an issued permit or any extension of time allowed
after good cause shown.
K.
Failure or refusal to connect to the public sewer system prior to
commencement of occupancy of a building constructed, altered or reconstructed
under a building permit issued on or after the effective date of this
Article.
L.
Failure or refusal to connect to the public sewer system within 60
days after the date of the Township's notice to connect, or within
any extension of time allowed after good cause shown.
M.
Failure or refusal to effect repairs or take other prescribed remedial
action to a connection effected to the sewer system within the time
period specified in writing by a directive from the Township.
N.
Failure or refusal to disconnect an unlawful or improper connection
to the sanitary sewer system within the time period specified in writing
by a directive from the Township.
O.
The negligent, willful, malicious or reckless breaking, damage, destruction,
uncovering, defacement or tampering of or with any structure, appurtenance
or equipment which is a part of the public sanitary sewer system or
sewage works.
P.
Violation of any provision of this Article concerning regulation
of discharge of industrial wastes.
Q.
Failure or refusal to allow the Township access to a premises or
to records required under this Article or by the Rules and Regulations.
A.
Any person who violates any provision of this Article or any rule or regulation governing the sewer system shall be subject to civil enforcement proceedings in accordance with Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, of the Code of the Township of Millcreek (Ordinance No. 96-8), as may have been amended.
B.
In the event a person does not comply in timely fashion with an enforcement
notice directing cessation of a violation or remedial action to comply
with this Article or with the Rules and Regulations governing the
sanitary sewer system, civil fines are prescribed in the sum of $600
for each individual violation of this Article and for each day a violation
continues, effective on the date following that established in the
enforcement notice for completion of action to remedy the violation.
As to prohibited discharges:
(1)
Each day of a prohibited discharge shall constitute a separate violation
and shall subject the violator to the administrative or civil fine
prescribed in this section for each day of a continuous prohibited
discharge.
(2)
If a prohibited discharge is intermittent, each occurrence shall
be considered a separate violation.
C.
In the event a person does not comply in timely fashion with an enforcement notice by the date therein established for payment, Millcreek Township shall institute a civil action for enforcement and, upon being found liable thereafter, the defendant shall pay fines for each separate violation and each day a violation occurs in the sum prescribed in Subsection B.
D.
Millcreek Township shall be entitled to recover, in any administrative or civil action for enforcement of this Article and/or action to collect fines for violation, all expenses, losses and damage occasioned by the violation(s), together with filing and other litigation costs and all attorneys' fees incurred by the Township in enforcement and collection proceedings, in accordance with Chapter 48, Enforcement and Collection Activities, Article II, Attorneys' Fees, of the Code of the Township of Millcreek (Ordinance No. 96-9), as amended.
E.
In the event the owner or other responsible party for a premises
served by the public sanitary sewer system fails or refuses to allow
representatives of the Township access to the property to conduct
inspection after prior request, then the Township shall be authorized
to conduct the inspection from the public sewer mains, if possible.
Additional costs for personnel and equipment arising from such inspection
from the main shall be invoiced to the property owner and, if not
paid within 90 days after the invoice date, shall constitute additional
sewer rental to be imposed against the property.
A.
When the Township determines that a violation of this Article, the
Rules and Regulations or of any permit or any damage to the public
sanitary sewer system is threatened or has occurred, the Township
may take one or more of the following actions, at its election:
(1)
Issue an order to cease and desist any such violation and direct
the violator(s) to comply with this Article and/or notice forthwith
in a time schedule established by the Township or to take appropriate
remedial preventive action in the event of a threatened violation.
(2)
Require the person to submit a detailed time schedule setting forth
the specific proposed actions to prevent or correct a violation, in
which event the Township may issue an implementation schedule to the
person containing or modifying such specific actions and time schedule
or requiring other actions by such date as the Township deems appropriate.
(3)
Issue an enforcement notice directing the person to cease or correct
a violation by a date established in such notice.
(4)
Report to any governmental entity or agency having issued a permit
a violation thereof and request enforcement by such entity or agency.
(5)
Revoke the financial security and/or revoke the license of any licensed
contractor for up to one year.
(6)
Prohibit an unlicensed contractor from performing work affecting
the public sewer system or being eligible for a license for up to
one year.
(7)
Proceed on the financial security tendered by the recipient of a
permit to connect in order to collect all damages sustained by a violation.
(8)
Disconnect from the public sewer system and/or sewage works the building or property of any person there violating the discharge provisions of this Article, and/or effect a connection to the public sewer system and/or effect correction of an existing connection to the public sewer system if the owner fails to do the same within the time specified in an enforcement notice, all costs incurred in effecting such disconnection, connection and/or correction of a connection to be collected from the owner as a municipal claim (at the discretion of the Board of Supervisors, by assessment of said costs as sewer rental or as a separate municipal claim) or in a civil action in the manner provided in § 102-44 and the general municipal law.
(9)
Issue enforcement notices citing violation of this Article or of
the Rules and Regulations.
(10)
Commence and prosecute actions for enforcement of this Article
and/or collection of fines, costs, damages and attorneys' fees.
(11)
Institute and maintain one or more actions at law to enforce
this Article and the Rules and Regulations governing the sewer system
and/or actions in equity to compel compliance with this Article and/or
the Rules and Regulations, these including but not limited to injunctions
and orders compelling connection to and/or disconnection from the
sewer system.
B.
In the event a person fails or refuses to effect disconnection of an unlawful connection to the sanitary sewer system by the date required in an enforcement notice and the Township has been assessed surcharges or fines by the City of Erie Sewer System because of sewage flows in excess of the Township's allocation, the Township, in addition to other enforcement remedies, shall be authorized to maintain an action at law against the owner of the property, seeking recovery of such surcharges and fines from the owner, together with attorneys' fees and expenses in accordance with Chapter 48, Enforcement and Collection Activities, Article II, Attorneys' Fees, of the Code of the Township of Millcreek, as amended.
C.
The Board of Supervisors is authorized by resolution to establish
such specific procedures for enforcement as it shall deem appropriate.
A.
The following actions or omissions, defined above to be unlawful
and a violation of this Article, are declared to be public nuisances:
(1)
The placement or deposit of sewage, municipal waste or other objectionable
wastes upon any public or private property within Millcreek Township
or any area under the jurisdiction of Millcreek Township;
(2)
The discharge of any sewage into any natural outlet within the Township;
(3)
The discharge of industrial wastes or other polluted water into any
natural outlet within Millcreek Township, unless the person doing
so is operating with the prior approval of or under a permit issued
by the U.S. EPA or the PaDEP;
(4)
The construction or maintenance of any privy, privy vault or cesspool,
other than an on-lot sewage system approved by the Township and constructed
in accordance with current regulations of PaDEP and/or the Erie County
Department of Health;
(5)
The discharge of any stormwater, surface drainage, ground drainage,
roof runoff, subsurface drainage or unpolluted industrial process
waters into any public sanitary sewer;
B.
Upon a determination that any of the above events has occurred, the Board of Supervisors is authorized to declare the same a nuisance. In such event, Millcreek Township shall enforce these regulations in accordance with enforcement procedures as provided in Chapter 40, Conduct, Article II, Nuisances, in the Code of the Township of Millcreek, these measures being in addition to enforcement proceedings under this Article.
C.
The Board of Supervisors shall have authority, in its discretion,
to take action to abate nuisances declared under this section, in
accordance with provisions of the Second Class Township Code and general
municipal law. In the event the Township incurs expenses in the abatement
of a nuisance and such expenses are not reimbursed by the property
owner or violator within 30 days, such expenses shall be recovered
pursuant to the general municipal law governing municipal claims.
