[Adopted 3-10-2014 by Ord. No. 513]
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Editor’s Note: Pursuant to Ord. No. 530, adopted 3-13-2017, assets of said District were sold to Aqua Pennsylvania Wastewater, Inc.
For the purposes of this article, the following words and phrases shall have the meanings herein indicated:
BUILDING SEWER
The sewage drainage system from a building constructed on any improved property to the lateral serving such improved property, including any grinder pump or pressure sewer or similar apparatus or facilities installed by the Township or the owner and which are located on such improved property.
IMPROVED PROPERTY
Any property in the Tobyhanna Sewer District No. 1 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 into the sewer system.
INDUSTRIAL WASTES
Any and all wastes discharged from an industrial establishment, and/or wastewater having characteristics which may have the potential to be detrimental to the sewer system or the Brodhead Creek Regional Authority Treatment Plant.
LATERAL
That part of the sewer system extending from a sewer to the curbline, or if there is no curbline, to the improved property line, or if no such extension is provided, then "lateral" shall mean that portion of, or place in, a sewer that is provided for connection of 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, society, trust, corporation, municipality, municipal authority or other group or entity.
SANITARY SEWAGE
Typical water-carried household, commercial and toilet wastes, having the biological and chemical characteristics prescribed by regulation of Tobyhanna Township, Pocono Township and/or the Brodhead Creek Regional Authority, which is discharged by an improved property.
SEWER
Any pipe or conduit constituting a part of the sewer system, used or usable for sewage collection purposes.
SEWER SYSTEM
All sewer lines and other facilities constructed, owned and/or operated by Tobyhanna Township to collect and/or transmit sanitary sewage and/or industrial wastes discharged by an improved property, other than a building sewer or a lateral.
TOBYHANNA COLLECTION SYSTEM
All facilities, as of any particular time, used for the collection and transmission of sewage in and from the Tobyhanna Sewer District No. 1 owned, operated and maintained by the Township of Tobyhanna.
TOBYHANNA SEWER DISTRICT NO. 1
The area within Tobyhanna Township, as defined in § 113-58 of this article and illustrated on the attached Exhibit "A,"[1] in which the provisions of this article apply.
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Editor's Note: Exhibit "A" is on file in the Township offices.
A. 
The owner of any improved property within Tobyhanna Sewer District No. 1 and abutting upon the Tobyhanna Collection System, shall, in accordance with this article, connect such improved property to the Tobyhanna Collection System upon approval by Tobyhanna Township and subject to the rules and regulations of this article and chapter.
B. 
Those properties required to connect to the Tobyhanna Collection System shall connect such improved property to the Tobyhanna Collection System within 60 days after notice from the Township, or its designee, to make such connection. Such notice may be given or served at any time after a sewer is in place which can provide sewer collection services to the subject property. Such notice shall be given or served upon the owner in accordance with the law. The Township, after the 60 days' notice and a failure to connect, may construct such connection and collect from such owner the costs and expenses thereof in any manner permitted by law.
C. 
Sewage from properties within the Tobyhanna Sewer District No. 1 shall be collected by the Tobyhanna Collection System, conveyed through the Pocono Township Sewer System and treated at the Brodhead Creek Regional Authority Sewage Treatment Plant in accordance with the applicable intergovernmental cooperation agreements referenced herein.
A. 
In addition to complying with all Tobyhanna Township requirements and ordinances, and in particular this Article VIII and Article IX of Chapter 113 of the Code of Ordinances of Tobyhanna Township, all construction of building sewers, connections and extensions shall be performed in accordance with the applicable Pocono Township regulations as set forth in the September 30, 2013, Intergovernmental Sewage Collection and Disposal Services Agreement between Tobyhanna Township and Pocono Township, a copy of which is attached hereto and marked as Exhibit "B,"[1] and all such construction shall further comply with the design standards, specifications, rules and regulations of Tobyhanna Township now in effect or hereafter amended and/or specifically provided for within this chapter, as well as the design standards, specifications, rules and regulations of Pocono Township in accordance with Exhibit "B." In the event of a conflict between the Tobyhanna Township ordinances and the Pocono Township regulations, the more restrictive regulations shall govern within the Tobyhanna Sewer District No. 1.
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Editor's Note: Exhibit "B" is on file in the Township offices.
B. 
All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to the Tobyhanna Collection System shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and shall save harmless the Township of Tobyhanna from all loss or damage that may occur directly or indirectly as a result of construction of a building sewer or of connection of a building sewer to the Tobyhanna Collection System.
C. 
All sewers and laterals terminating at the curbline or property line with a curb stop shall be designed and built in accordance with plans and specifications approved by Tobyhanna Township and in accordance with all applicable Tobyhanna Township and Pocono Township ordinances and/or resolutions. In the event of a conflict between the Tobyhanna Township ordinances and the Pocono Township regulations, the more restrictive regulations shall govern within the Tobyhanna Sewer District No. 1. Connections from the curb stop to the building shall be made by the property owner or his/her designee and shall be constructed of materials and in accordance with specifications approved by Tobyhanna Township. There shall be no fittings between the curb stop and the building unless approved by Tobyhanna Township. Grouping of more than one improved property on one building sewer shall not be permitted, except under special circumstances and for good cause shown and only after permission from Tobyhanna Township is received in writing. All service lines and/or building sewers from the curb stop to the building shall be inspected by the Township.
D. 
The sanitary sewage and/or industrial wastes discharged into the Tobyhanna Sewer District No. 1 shall comply with this Article VIII and Article IX of this chapter and the Pocono Township ordinances and resolutions and the Brodhead Creek Regional Authority regulations governing such sewage discharge in accordance with the September 30, 2013, Intergovernmental Sewage Collection and Disposal Services Agreement attached as Exhibit "B" and the December 18, 2013, Intermunicipal Sewage Service Area Agreement between Tobyhanna Township, Pocono Township and the Brodhead Creek Regional Authority, a copy of which is attached hereto and marked as Exhibit "C."[2] In the event of a conflict between the Tobyhanna Township ordinances, the Pocono Township regulations and/or the Brodhead Creek Regional Authority regulations, the more restrictive regulations shall govern within the Tobyhanna Sewer District No. 1, in accordance with Exhibits "B" and "C."
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Editor's Note: Exhibit "C" is on file in the Township offices.
The Township of Tobyhanna hereby establishes, adopts and creates the Tobyhanna Sewer District No. 1 for the purpose of providing sewer collection service to the improved properties located within Tobyhanna Sewer District No. 1. The Tobyhanna Sewer District No. 1 shall encompass that area of Tobyhanna Township as more specifically identified in the shaded area on the sewer district area map attached hereto and incorporated herein as Exhibit "A,"[1] at or near the intersection of Interstate 380 and State Route 940. The provisions of this article shall not apply to areas that are served by public sewer within the Township of Tobyhanna but outside of the Tobyhanna Sewer District No. 1 defined herein.
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Editor's Note: Exhibit "A" is on file in the Township offices.
The Tobyhanna Sewer District No. 1 shall be governed by this Article VIII and Article IX of this chapter as well as the Pocono Township and Brodhead Creek Regional Authority regulations referenced in and incorporated by Exhibits "B" and "C."[1] In the event of a conflict between the Tobyhanna Township ordinances in Articles VIII and IX of this chapter and the Pocono Township regulations and/or the Brodhead Creek Regional Authority regulations, the more restrictive regulations shall govern within the Tobyhanna Sewer District No. 1.
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Editor's Note: Exhibits "B" and "C" are on file in the Township offices.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be subject to pay a fine of no more than $1,000, and in default of payment, to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense. Such a penalty shall be in addition to any additional liability any person, firm or corporation has already contractually agreed to with Tobyhanna Township in relation to such public sewer connection and service within Tobyhanna Sewer District No. 1.