[Adopted 2-3-1997 by Ord. No. 2-1-A (Ch. XVIII, Part 3,
of the 1976 Code of Ordinances)]
The Burgettstown-Smith Township Joint Sewerage Authority, hereinafter
referred to as the "Authority," is hereby granted full power and legal
authority to enact by resolution any and all regulations, specifications,
requirements, rules, and the like as deemed necessary and appropriate
by said Authority so as to maintain, regulate, administer, and construct
municipal sewerage facilities and treatment in and/or for the Borough,
subject to any and all state and federal acts, statutes, rules and
regulations.
The rules and regulations of the Authority, a true copy of which
are attached hereto and made a part hereof and marked as "Exhibit
A,"[2] which were enacted by resolution and amended/revised June
2007, are hereby approved, confirmed and ratified. It shall be a violation
of this article for any person or legal entity to violate said rules
and regulations.
The Authority is hereby granted the power and legal authority
to amend by resolution said rules and regulations.
It shall be a violation of this article for any person or legal
entity to violate any amended rule or regulation.
The Authority shall submit to the Borough within 30 days of
enactment or passage any amendments to the rules and regulations.
Additionally, and not by way of limitation, any person or legal
entity who or which presently or in the future controls, owns, operates,
maintains or constructs a sanitary sewerage facility or any type of
structure that has or requires sanitary sewerage facilities that is
accessible to the public sewerage system of the Authority (a "sewerage
facility" being defined as a system of sewers and public facilities
connected thereto) shall:
A.
As to connections and/or mandatory connections:
(1)
Make and maintain any and all connections to the municipal sewerage
facility or facilities pursuant to the specifications and/or requirements
as established by the Authority and in compliance with the rules,
regulations and requirements of the Pennsylvania Department of Environmental
Protection.
(3)
Not connect unless specifically permitted and/or approved by the
Authority.
(4)
Make any and all applications for connections and pay any and all
fees and/or costs in conformity with and as required by the Authority.
(5)
Provide inspection as to any and all installations and pay any and
all costs and/or fees pertaining to said installation as required
by the Authority.
(6)
Comply with any and all state, federal and local rules, regulations
and requirements.
B.
As to capital charges:
(1)
Make payment of all required connection fees as established by the
Authority.
(2)
Make payment of all customer facilities fees as established by the
Authority.
(3)
Make payment of all tapping fees as established by the Authority.
(4)
Make payment of all assessments as established by the Authority.
(5)
Make payment of all such other capital charges as established by
the Authority.
C.
As to rates, fees and/or user charges:
(1)
Pay all rates and charges and/or costs as billed or required by the
Authority within the time period established by the Authority and
subject to such interest and/or penalty as established by the Authority.
(2)
Be subject to mandatory shutoff of water for nonpayment by users.
(3)
If approved by the Authority, provide at the user's cost deduct
meters which shall be in conformity to the limitations, specifications
and requirements of the Authority and therein pay such costs and expenses
pertaining thereto as required.
(4)
Provide for the reading of meters, inspection thereof, maintenance
thereof, and pay such fees and expenses as established by the Authority
pertaining thereto.
D.
As to prohibition and/or regulation of certain uses, activities and/or
operations:
(1)
Provide for, install and maintain grease traps in conformity with
the rules and regulations of the Authority.
(2)
Permit the inspection of grease traps at such time(s) as deemed appropriate
by the Authority.
(3)
Refrain from installing and/or remove any and all foundation drains,
french drains, roof drains, driveway drains and the like from flowing
into or connecting into the municipal sewerage system and prohibit
and/or terminate other sources of surface water, stormwater or groundwater
from doing so.
(4)
Be subjected to testing and/or certification pertaining to improper
tie-ins and/or flows into the sewerage system from foundation drains,
french drains, roof drains, driveway drains and/or surface water,
stormwater, or groundwater sources, and the like.
(5)
Pay such fees and/or charges as established by the Authority pertaining
to inspection and/or removal of improper connections or infiltration
and inflow into the sewerage system.
(6)
Not be issued or receive an occupancy permit, building permit or
zoning permit until certification and/or consent has been issued by
the Authority pertaining to any structure or facility subject to the
requirements and/or the rules and regulations of the Authority.
(7)
Not permit industrial waste or waste as excluded or limited by the
Authority from entering into the Authority system except as specifically
permitted and/or approved by the Authority and therein pay any and
all costs, fees or expenses, including rates, as pertains to the same.
E.
Not permit excessive amounts of discharge as determined by the Authority
and/or specific prohibited types or classifications of waste or combinations
thereof as prohibited and/or regulated by the Authority to enter into
the sewerage system.
F.
Not construct, alter, or change any new or existing structure or
facility unless in conformity with all rules and regulations of the
Authority.
G.
Not, as to any developer and/or development, proceed with construction
of any land development until all applications for the development
to the Zoning Hearing Board and/or municipality have been supplied
to the Authority and therein not proceed with the same until such
time as the Authority has approved said application(s), wherein all
of said applications and/or proposed development shall be in conformity
with all rules and regulations of the Authority.[2]
H.
Not construct, alter, maintain or use any sanitary sewerage facility
that is not in compliance with any and all rules and regulations of
the Authority, Department of Environmental Protection, the United
States Department of Environmental Protection, and/or the rules and
regulations of the same.
I.
Provide permanent, reproducible, as-built drawings with a digital
copy and/or such other drawings and/or documentation as the Authority
may require pursuant to its rules and regulations as to new construction.
J.
Not connect or use any sewerage treatment facility unless approved
by the Authority.
Any person or legal entity that violates this article and/or
any rule or regulation duly enacted by resolution of the Authority
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 Washington County.
