[Adopted 6-3-2014 by Ord. No. 352]
This chapter shall be known and may be cited as the "Limerick
Township Public Water Ordinance."
It has been determined by the Department of Environmental Protection
(DEP) that an area located in Limerick Township has been contaminated.
The area is identified on Exhibit "A" as "Impact Area 1," which is
attached hereto and incorporated herein as Exhibit A. This article mandates the connection and continued connection
of all improved properties in the impacted area to either the water
lines to be constructed by the Township or to the existing water lines
of Pennsylvania American Water in the impacted area. The water lines
and the existing water lines of Pennsylvania American Water in the
impacted area are collectively referred to as the "Public Water System,"
and constitute a public water system of Limerick Township. Water for
the public water system will be provided by Pennsylvania American
Water (the "water utility"). This article is enacted to require the
mandatory connection of all properties in the impacted area to the
public water system.
No person shall maliciously, willfully, or negligently damage,
destroy, deface, block, or otherwise tamper with any water line or
other structure or equipment which is part of the public water system.
Any person violating this section shall be in violation of this article.
The Township reserves the right to adopt from time to time additional
rules and regulations as it deems necessary and proper relating to
connections to and use of the public water system, which rules and
regulations shall be construed as part of this article.
Any notice required by this article shall be given to the property
owner either by personal service or by certified mail, return receipt
requested, concurrently with first class mail. The mailing date of
the notice shall be considered the date of service and service shall
be presumed to duly given if the notice is not returned "undeliverable"
by the post office.
In addition to any other remedy available under law or equity
any person convicted of a violation of this article shall be subject
to a criminal fine in an amount not to exceed $1,000 per day per violation
or suffer imprisonment for a period of not more than 30 days, or both,
together with costs of prosecution. Each twenty-four-hour period during
which failure to comply continues shall constitute a separate offense.
Enforcement of this article shall be brought by action filed with
a district justice in the same manner provided for enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
The Township solicitor may assume charge of the prosecution without
the consent of the district attorney. All fines and penalties collected
for violation of this article shall be paid over the Township treasury.
Nothing in this section shall prohibit the Township from enforcing
the provisions of this article by any other remedy available at law
or in equity, and the remedies provided herein shall be cumulative
and concurrent.