Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this article shall be as
follows:
ACT 537
The Sewage Facilities Act of the Commonwealth.
BCRA
The Brodhead Creek Regional Authority, acting through its
governing board, as owner and operator of the BCRA Treatment Plant
and, in appropriate cases, as agent of the Township hereunder.
BCRA TREATMENT PLANT
The facilities constructed, owned and/or operated by BCRA
to treat and dispose of sanitary sewage and/or industrial wastes discharged
by the sewer system.
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 or on behalf of the Township or the owner
and which are located on such improved property.
DEP
The Pennsylvania Department of Environmental Protection or
any successor agency of the Commonwealth of Pennsylvania.
DRBC
The Delaware River Basin Commission.
GPD
The gallons per day of sanitary sewage, allocable to an improved
property, determined in accordance with the rate resolution. "GPD"
shall mean gallons of sewage discharged during a twenty-four-hour
period commencing at 12:00 midnight, prevailing time, on any particular
calendar day and ending at 12:00 midnight, prevailing time, the following
calendar day.
IMPROVED PROPERTY
Any property within 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 shall be or may be discharged into the sewer
system.
INDUSTRIAL ESTABLISHMENT
Any improved property located within the Tobyhanna Sewer
District No. 1, 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 from
which wastes, in addition to or other than sanitary sewage, shall
be discharged.
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 BCRA Treatment Plant.
No industrial wastes shall be permitted to be discharged into the
sewer system within the Tobyhanna Sewer District No. 1.
ISCDSA
The Intermunicipal Sewage Collection and Disposal Services
Agreement, dated September 30, 2013, among the Township of Tobyhanna
and the Township of Pocono, as the same may be amended and/or supplemented
from time to time, which is incorporated herein by reference.
ISSAA
The Intermunicipal Sewage Service Area Agreement, dated December
18, 2013, among the Township of Tobyhanna, the Township of Pocono
and the Brodhead Creek Regional Authority, as the same may be amended
and/or supplemented from time to time, which is incorporated herein
by reference.
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.
RATE RESOLUTION
The resolutions, rules and regulations adopted by the Township,
or its assigns, from time to time, establishing rates and other charges
and requirements for the use of the sewer system by the owner of any
improved property within the Tobyhanna Sewer District No. 1.
SANITARY SEWAGE
Typical water-carried household, commercial and toilet wastes,
having the biological and chemical characteristics prescribed by regulation
of the Township, Pocono Township or BCRA, which is discharged by an
improved property.
SDA
The Sewer Development Agreement dated November 15, 2013,
by and between Tobyhanna Township, Kalahari Resorts, LLC, and Pocono
Manor Investors, LP.
SDSA
The Sewer District No. 1 Service Agreement dated November
15, 2013, by and between Tobyhanna Township, Kalahari Resorts, LLC,
and Pocono Manor Investors, LP.
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 the Township to collect, transmit and/or otherwise dispose
of sanitary sewage discharged by an improved property, other than
a building sewer or a lateral.
STREET
Shall include any street, road, lane, court, cul-de-sac,
alley, public way or public square.
TAPPING FEE
The tapping fee described in Act 57 of 2003 payable by the
owner of any improved property in the area served by the sewer system
which actually connects or is required to be connected to the sewer
system pursuant to the terms of this article as then in effect requiring
such connection or which otherwise connects to the sewer system.
TOWNSHIP
The Township of Tobyhanna, Monroe County, Pennsylvania, a
political subdivision of the Commonwealth, acting by and through its
Board of Supervisors, or, in appropriate cases, acting by and through
Pocono Township and/or BCRA or other authorized representatives.
USER CHARGE
The periodic charge imposed for services, or availability
of services, provided by the Sewer System, as established by this
article and/or supplemental resolution of the Township, from time
to time.
All sanitary sewage from any improved property within Tobyhanna
Sewer District No. 1, after connection of such improved property with
a sewer, as required under this article, shall be conveyed into such
sewer; subject, however, to the provisions and requirements of the
ISSAA, ISCDSA, SDSA, SDA and such other agreements, limitations, restrictions,
rules and regulations as shall be established herein or otherwise
established by the Township, Pocono Township and/or BCRA, from time
to time.
No person shall place, deposit or permit to be placed or deposited
upon any public or private property within the Township any sanitary
sewage or industrial wastes in violation of this article. No person
shall discharge or permit to be discharged to any natural outlet any
sanitary sewage or industrial wastes in violation of this article,
except where suitable treatment has been provided that is satisfactory
to the Township, Pocono Township and BCRA.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle, or private treatment facility (unless exempted pursuant to §
113-62B), shall be used or shall be maintained at any time on an improved property within Tobyhanna Sewer District No. 1. Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle, or private treatment facility, in existence shall be abandoned and, at the discretion of the Township, shall be removed or cleansed and filled with a noncompactable material (e.g., sand), at the expense of the owner of such improved property, under the direction and supervision of the Township; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle or private treatment facility not abandoned and, if required by the Township, not removed, cleansed and/or 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.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle,
or private treatment facility, shall at any time be connected to a
sewer without the written consent of the Township, Pocono Township
and BCRA, in their sole discretion.
The notice by the Township to make a connection to a sewer shall
include a reference to this article, including any amendments and/or
supplements at the time in effect, or a summary 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 the time limitations described herein. Such notice
may be given or served at any time after a sewer is in place that
is capable of receiving and conveying sanitary sewage for treatment
and disposal at the BCRA Treatment Plant from the particular improved
property. Such notice shall be by personal service, by registered
or certified mail, or by such other method as at the time may be provided
by law.
No improved property shall be connected to a sewer except as
set forth below:
A. Any improved property within the Tobyhanna Sewer District No. 1 may
connect to the sewer system if approved by the Township, Pocono Township
and BCRA, and subject to compliance with and only if permitted by
the ISSAA, ISCDSA, SDSA and SDA.
B. The quantity of sanitary sewage flow attributable to a property shall
be determined in accordance with the applicable regulations, ordinances
and/or resolutions of the Township, Pocono Township and/or the BCRA.
Whenever there is a conflict between the Township, Pocono Township
and BCRA, the highest quantity calculated shall apply.
C. Compliance with all applicable rules and regulations of the Township,
Pocono Township and BCRA then in effect, as well as compliance with
the ISSAA, ISCDSA, SDSA and SDA and other applicable and controlling
agreements and/or regulations is required.
The connection of an improved property within the Tobyhanna
Sewer District No. 1 to the sewer system shall not be required, or
permitted, in the event that the Township, in its sole discretion,
determines that there is insufficient conveyance capacity to serve
the improved property, and/or Pocono Township and/or BCRA, in their
sole discretion, determine that there is insufficient treatment capacity
to serve the improved property. In the event there is insufficient
sewer conveyance and/or treatment capacity to serve any improved property,
or property which an owner desires to improve, such owner may utilize
such other sewage disposal system as approved by the Township and
DEP.
No improved property may connect to the sewer system within
the Tobyhanna Sewer District No. 1 until such time as the Township
determines that there is available conveyance capacity, and Pocono
Township and BCRA determine and/or otherwise agree in writing that
there is available treatment capacity in the sewer system to service
the property so developed and/or improved, or to be improved, in accordance
with the ISSA, ISCDSA, SDSA and/or SDA. No new connection to the sewer
system will be permitted unless there is sufficient capacity, not
legally committed to others, for both conveyance and treatment of
the sanitary sewage which the new connection would contribute. Further,
the owner of an improved property existing at the enactment of this
article shall not subdivide or develop the improved property in a
manner that would create additional sanitary sewage flow unless the
Township, Pocono Township and BCRA determine, in their respective
sole discretion, that conveyance and treatment capacity is available
for that proposed increase.
The Township reserves the right to refuse connection to the
sewer system, as well as the right to compel the discontinuance of
the use of the sewer system, as a result of the failure to comply
with, or violation of, this article, the provisions and requirements
of the ISSAA, ISCDSA, SDSA, SDA or such other agreements, limitations,
restrictions and/or rules and regulations as shall be established
herein, or otherwise shall be established by the Township, Pocono
Township and/or BCRA, from time to time.
This article shall become effective five days after enactment.
In the event any provision, section, sentence, clause or part
of this article shall be held to be invalid, such invalidity shall
not affect or impair any remaining provision, section, sentence, clause
or part of this article, it being the intent of the Township that
such remainder shall be and shall remain in full force and effect.
All ordinances or parts of ordinances, and all resolutions or
parts of resolutions, that are inconsistent with this article shall
be, and the same expressly are, repealed, but only to the extent of
such inconsistency.
The Township shall have the right to assign any rights, and/or
delegate any duties, hereunder to a municipal authority or to another
local government unit, in Township's sole discretion, including
but not limited to Pocono Township and/or the BCRA.