Unless the context specifically indicates otherwise, the meaning
of the terms used in this article shall be as follows:
BOROUGH
The Borough of Palmyra, Lebanon County, Pennsylvania, or
the duly constituted and elected municipal authorities thereof.
COUNCIL
The governing body of the Borough.
CUSTOMER
The owner of an improved property connected to or able to
be connect to the sewer system. No person other than the owner of
an improved property may be a customer of the sewer system.
HOUSE CONNECTION
That part of the sewer line from the service lateral to the
outer wall of the building to be served.
IMPROVED PROPERTY
Any property 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 wastewater shall be or may be
discharged.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of an improved property.
PERSON
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipality authority or other
group or entity, and the members of such partnership or association
and the officers of such corporation.
SERVICE LATERAL
That part of the sewer line from the main sewer to the curbline
or to the property line if there is no curb.
UCC
The Pennsylvania Uniform Construction Code, as adopted by
the Borough.
[Amended 4-12-2022 by Ord. No. 816]
A. No stormwater, surface water, groundwater, roof runoff, subsurface
drainage, swimming pool drainage, cooling water, unpolluted industrial
or nonresidential process water shall be admitted or permitted to
drain into the sewer system. The discharge of cooling water from air-conditioning
units with cooling towers or recirculating systems or those units
using flow-through or unrecirculating systems is prohibited. The sewer
system is intended to convey sanitary sewage and liquid wastes only.
B. No person shall contribute or cause to be contributed, directly or
indirectly, any pollutants that will pass through the sewer system
or interfere with the operation or performance of the sewer system.
These general prohibitions apply to all improved properties connected
to the Sewer System whether or not the user is subject to federal
categorical pretreatment standards of any other federal, state, or
local pretreatment standards or requirements.
C. After
reasonable notice, the Borough has the right to enter upon all improved
properties receiving sewer service for the purpose of inspecting,
observing, measuring, sampling, and testing to ascertain whether or
not stormwater runoff or other illegal substances are being discharged
to the sewer system or whether other illegal connections exist. If
the owner does not allow the Borough's representative to enter the
property to perform the inspection, the Borough will assume that the
violation is occurring and will surcharge the owner accordingly. The
Borough's representative shall at all times have the right to disconnect
from the sewer system any conduit or conveyor which is used solely
for the purpose of carrying rain or surface water into the sewer system,
upon failure of the owner to make such disconnection after written
notice to do so.
The Borough shall not be liable for any damage or expense resulting
from leaks, stoppages or defective plumbing or from any other cause
occurring to any premises or within any house or building, and it
is expressly stipulated by and between the Borough and the customer
that no claims shall be made against the Borough on account of the
breaking or stoppage of or any damage or expense to any lateral or
house connection when the cause thereof is found to be in the lateral
or house connection.
The Borough shall not be liable for a deficiency or failure
of service when occasioned by an emergency, required repairs or failure
from any cause beyond its control. The Borough reserves the right
to restrict the use of sewer service whenever the public welfare may
require it.
When an improved property is unoccupied as a result of the inability
to occupy the improved property by reason of fire, flood, or similar
loss or natural disaster, the customer shall notify the Borough in
writing. Sewer rates will cease from the date that the customer informs
the Borough that the improved property is damaged and unable to be
occupied. When the improved property is again able to be occupied,
the customer shall again notify the Borough, in writing. No discontinuance
of sewer rates will be made for any time an improved property is unoccupied
unless written notice has been provided above, and no discontinuance
shall be for any period less than 1/2 a calendar quarter. In no case
will any refunds of sewer rates be made. If the owner of an improved
property fails to notify the Borough when the improved property is
able to be occupied, the Borough shall impose sewer rates for the
entire time that the sewer rates were discontinued.
The Borough, by its duly authorized agents, shall have the right
of access at all reasonable times to all parts of any improved property
connected with the sewer system for the purpose of examining and inspecting
the connections and fixtures, or for disconnecting service for any
proper cause.
The Borough reserves the right to change or amend from time
to time this chapter and any rules and regulations in accordance with
law.
No officer or employee of the Borough can vary the provisions
of this chapter without action of Council, and no agent or employee
of the Borough can bind it by any agreements or representations except
when authorized in writing to do so by Council.
[Added 4-12-2022 by Ord. No. 816]
A. Written notice. Any person who shall violate any provision of this
article may be served with a written notice stating the nature of
the violation and providing a reasonable time limit for the satisfactory
correction thereof. The offender, within the period of time stated
in such notice, shall permanently cease all violations. No notice
shall be required for any violation where any representatives of the
Borough reasonably believe that the issuance of such notice would
be repetitive of prior notices or would serve no effective purpose.
B. Any person who shall violate any provision of this article or, having
been served with a written notice, continues such violation after
the time period for satisfactory correction set forth in such notice,
shall be liable, upon conviction, of a fine of not less than $100
nor more than $1,000 plus costs, including the Borough's reasonable
attorneys' fees incurred in the enforcement proceedings. Each day
that a violation continues shall constitute a separate violation.
Each section of this article violated shall constitute a separate
violation.
C. The provisions of this article may be enforced through an action in equity in the Lebanon County Court of Common Pleas. The defendant may be assessed court costs and reasonable attorneys' fees incurred by the Borough in such proceedings in addition to equitable relief and monetary penalties as set forth in §
288-47B.
D. Liability. Any person violating any of the provisions of this article,
in addition to becoming liable for fines and costs of prosecution,
including the Borough's reasonable attorneys' fees, shall be liable
to the Borough for any expense, loss or damage occasioned the Borough
by reason of such violation.