[Adopted in 1977 by Ord.
No. 3-3-77]
[Amended 10-18-2007 by Ord. No. 07-05[1]]
Every owner of property in Jackson Township on whose property exists an occupied building that is located within 150 feet of the public sanitary sewage system, including combined sewers, presently in existence or to be constructed in the future by Western Butler County Authority shall connect, at its own cost, the said occupied building with such sewage system for the purpose of disposing of all acceptable sanitary sewage emanating from said property. For purposes of this Part 2, Article A, the term "occupied building" shall mean any structure erected and intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and industrial wastes, or either thereof, is or may be discharged.
[Amended 10-18-2007 by Ord. No. 07-05]
It shall be unlawful for any owner, lessee or occupier of any property in the Township on whose property exists an occupied building that is located within 150 feet of the public sewer system described in § 18-201 of this Part 2, Article A, to employ any means, either by septic tank, cesspool, privy vault, mine hole or otherwise, for the disposal of acceptable sanitary sewage other than into and through said public sanitary sewer system.
[Amended 10-18-2007 by Ord. No. 07-05]
Where any occupied building in the Township located within 150 feet of the public sewer system described in § 18-201 of this Part 2, Article A, is now or hereafter may be using any method for the disposal of acceptable sanitary sewage other than through said public sanitary sewers, it shall be the duty of the Township Secretary or the authorized representative of Western Butler County Authority (hereinafter called the "Authority") to notify the owner, lessee or occupier of such occupied building, in writing, either by personal service, certified or registered mail, to disconnect the same and make proper connection for the discharge and disposal of all acceptable sanitary sewage through the said public sanitary sewers, as herein provided, within 60 days after receipt of such notice. Any owner or lessee or occupier of such occupied building who cannot comply with the provisions of this section as to connection within the sixty-day period stipulated above due to causes beyond his control shall apply to the Township or the Authority within said sixty-day period for a time extension of up to six months in duration. Said application shall be made on a form to be furnished by the Township or the Authority and shall contain a voluntary agreement on the part of the applicant under which the applicant shall agree to commence paying the regular monthly sewer rate immediately even though actual connection to the public sewers will not be accomplished until same stated later date within the six-month extension period.
No privy vault, cesspool, septic tank, mine hole or similar
receptacle for human excrement shall at the present time or at any
time hereafter be connected with the aforesaid public sanitary sewers.
It shall be unlawful for any person, firm or corporation connected
to any aforementioned public sanitary sewers to connect any roof drain
thereto or permit any roof drain to remain connected thereto, or permit,
allow or cause to enter into said public sanitary sewers any stormwater,
foundation drain water, springwater, surface water or any sewage or
industrial waste from any property other than that for which a permit
issued. The prohibition as to roof drains, stormwater, foundation
drain water, springwater and surface water set forth in this section
shall not apply to combined sewers.
[Amended 7-8-1980 by Ord.
No. 2]
No person, firm or corporation shall make or cause to be made
any connection with any of the aforementioned public sanitary sewers
until he has fulfilled all of the following conditions:
A.
He shall make application to the Township or Authority, as the Township's
agent, upon a permit form to be formulated and supplied by the Township
or the Authority for permission to connect to the aforementioned public
sanitary sewers. Among other things, the applicant must state the
character and use of each structure located upon his property.
B.
He shall pay to the Authority the required tap connection fee established
by the Authority for each building unit on each property connected
to the aforementioned public sanitary sewers at the time of making
application for permission to make such connections.
C.
No work shall commence before the payment of the aforesaid tap and
connection fee and issuance of the aforementioned connection permit.
D.
He shall give the designated inspector of the Township or the Authority
at least 24 hours' notice of the time when such connection shall
be made in order that said inspector can be present to inspect and
approve the work of connection. The inspector shall signify his approval
of the inspection by endorsing his name and the date of approval on
the aforementioned connection permit in the possession of the permittees.
E.
At the time of inspection, the owner or owners of properties shall
permit the inspector full and complete access to all sanitary and
drainage arrangements and facilities in each building and in and about
all parts of the property. No building sewer line shall be covered
over or in any manner concealed until after it is inspected and approved
by said inspector.
F.
At the time of connection to the public sewer system or prior thereto,
a water meter shall be furnished to the owner or owners and installed
by the Western Butler Authority; provided, however, the owner or owners
of the property in which such meter is installed shall be responsible
for payment to the Western Butler County Authority for the cost of
the meter, the cost of its installation and all expenditures of maintenance
thereof. If any meter shall fail to register, the consumer shall be
charge at the average daily consumption rate for the period when the
meter was out of order. The consumer may request the testing of any
meter for accuracy when there appears to be need for the same. The
cost of such tests and of repairing or replacing the inaccurate meter
shall be borne by the owner or owners of the property in which the
meter is installed.
The construction and number and size of all building lines or
house service sewers shall be done in accordance with the specifications,
plans and procedures established by the Township and the Authority
in the sewer system rules and regulations, as the same may be from
time to time published and amended, copies of which, upon adoption,
shall be maintained on file with the Township Secretary and the Authority.
[Amended 10-18-2007 by Ord. No. 07-05]
If the owner or owners of any occupied building(s) shall neglect or refuse to comply with the provisions of this Part 2, Article A, or the written notice as prescribed in § 18-203, the Township or the Authority may perform or cause to be performed such work and labor and furnish or cause to be furnished such material as may be necessary to comply with the provisions of this Part 2, Article A, at the cost and expense of such owner or owners, together with 10% additional thereof and all charges and expenses incidental thereto, which sum shall be collected from said owner or owners for the use of the Township or the Authority as debts are by law collectible, or the Township or Authority, as its agent, may, by its proper officer, file a municipal claim or lien therefor against said premises as provided by law.
"Unacceptable sanitary sewage" and other terms used herein for purposes of this Part 2, Article A, shall have the same definitions as those which are set forth in the sewer system rules and regulations and rules and regulations to be applicable to all users of the aforementioned public sanitary sewers.
[Amended by Ord. No. 9/20/1995; 11-21-2002 by Ord. No. 02-11]
A.
Any person, firm or corporation who shall neglect or refuse to comply with any of the terms or provisions of this Part 2, Article A, or of any regulations or requirements pursuant thereto and authorized thereby, in addition to the other penalties provided by law, shall, upon conviction before a District Justice or other proper official, be sentenced to pay a fine of not less than $500 nor more than $5,000, plus costs, including reasonable attorney fees incurred by the Township, and, in default thereof, shall be imprisoned for a period not exceeding 90 days, or both.
B.
In addition to the penalties for summary offenses set forth in Subsection A above, the Authority of Jackson Township may assess civil penalties in accordance with 35 P.S. § 750.13a. For purposes of this section, the Authority or its designee shall hold the requisite assessment hearing. The civil penalty so assessed shall not be less than $300 nor more than $2,500 for each violation.
[Adopted 7-15-1998 by Ord. No. 98-3]
As used in this Part 2, Article B, the following terms shall have the meanings indicated:
An official statement from the Township Secretary of Jackson
Township stating that there are no illegal stormwater or surface water
connections into the sanitary sewer system on the specific property
which is being sold, transferred, assigned, mortgaged or refinanced.
Any commonly accepted method of testing wherein dye and/or
smoke is introduced into the stormwater, surface water or subsurface
water collection system and downspouts of real estate property to
determine if any illegal stormwater or surface water is entering the
sanitary sewer system.
The connection of any basement seepage, surface water, subsurface
drains, downspouts, roof drainage or surface areaway drainage into
the sanitary sewer system.
A written letter from the proper official of Jackson Township
concerning municipal liens.
Any person, syndicate, associate, partnership, firm, corporation,
institution, agency, authority or other entity recognized by law as
the subject of rights and duties.
The Township of Butler hereby designates the Western Butler County Authority, its officers and employees as an agency authorized by the Township to identify, report and require disconnection of any illegal stormwater or surface water connections made (described § 18-230A) at any time prior to or from the effective date of this Part 2, Article B, to the Western Butler County Authority sewer system or other public sewer system, and, for such purpose, the Western Butler County Authority is authorized to enforce, consistent with the ordinances in effect within the Township, the provisions of this Part 2, Article B, with respect to illegal stormwater and surface water connections to the Western Butler County Authority sewer system. The Western Butler County Authority shall report to the Township all enforcement measures proposed within the Township pursuant to ordinances concurrently with undertaking such enforcement action.
After the effective date of this Part 2, Article B, it shall be unlawful for any person to sell, transfer, assign, mortgage or refinance any real estate within Jackson Township on which a building or improvement exists without first delivering to the purchaser, transferee, assignee, mortgagee or person or institution providing refinancing a document of certification from the proper officials of Jackson Township.
[Amended 11-21-2002 by Ord. No. 02-11]
Any person selling, transferring, assigning, mortgaging or refinancing
real estate located within Jackson Township, hereinafter "applicant,"
shall make application on a form furnished by Jackson Township at
least 14 days before the date of sale, transfer, assignment, mortgaging
or refinancing. The applicant shall then have the Western Butler County
Authority perform a dye test and/or smoke test on the property to
be sold, transferred, assigned, mortgaged or refinanced, said smoke
test to involve the use of nontoxic, nonstaining smoke which is forced
through the real estate sewer system by the use of air blowers. The
Western Butler County Authority shall complete the appropriate portions
on the form that the property has been dye tested and/or smoke tested
and certify the results of such test. In the event that there are
no illegal stormwater or surface water connections, the Township Secretary
or their designate shall issue a document of certification upon the
payment of a fee, as established from time to time by resolution of
the Authority. When an illegal stormwater or surface water connection
is discovered by the means of the above-mentioned testing, no document
of certification will be issued until the illegal connections are
removed, inspected and approved by the Western Butler County Authority.
A temporary document of certification may be used at Jackson
Township's sole discretion only under the following circumstances:
A.
When such testing cannot be performed because of weather conditions,
the applicant shall provide the Township with security in the amount
of $500 to guarantee that the appropriate test will be performed.
The applicant shall cause to have performed the appropriate test at
such time as weather conditions make such testing possible. In addition,
the applicant shall provide a signed written acknowledgment from the
purchaser, transferee, assignee, mortgagee or refinancer of the real
estate agreeing to correct, at the sole expense of said purchaser,
transferee, assignee, mortgagee or refinancer, any violations that
may be discovered as the result of subsequent tests. Nothing in this
subsection shall prohibit any purchaser, transferee, assignee, mortgagee
or refinancer from requiring the applicant to reimburse the purchaser,
transferee, assignee, mortgagee or refinancer for any cost incurred;
provided, nevertheless, that primary liability shall run with the
land, no such agreement shall affect the Township's enforcement
powers or excuse the current owner from performance.
B.
When illegal stormwater or surface water connections have been discovered
and the necessary remedial activities to correct such connection would
require a length of time such as to create a practical hardship for
the applicant, the applicant may apply to the Township Secretary for
a temporary document of certification which may only be issued when
the applicant provides the Township with the following:
(1)
Cash security in the amount of the contract for the completion of
the necessary remedial work is posted with the Township.
(2)
An agreement by the purchaser, transferee, assignee, mortgagee or
refinancer to be responsible for all cost overruns related to the
remedial work, together with a license to the Authority to enter upon
the property to complete such work in case of default by the contractor.
The Township Secretary shall determine, by regulation, when such temporary
document of certification shall expire, at which time the security
shall be forfeited, and the Authority may use the security to have
the necessary remedial work completed.
In addition to the requirements set forth in §§ 18-223 through 18-225 of this Part 2, Article B, for issuance of a document of certification set forth therein, any person selling real estate located within Jackson Township must subject such person's real property to prior inspection, including inspection of interior premises of any building or residence, by authorized representatives of the Authority, between the hours of 7:00 a.m. and 5:00 p.m., prevailing time, and upon seven days' written advance notice, at no cost to the person selling such real estate, to determine the presence of sump pump or other similar devices which discharge extraneous waters into the Western Butler County Authority sewer system. Such person shall not be issued a document of certification until such inspection has been performed and has revealed no device discharging extraneous waters into the Authority sewer system; or a follow-up inspection verifies that such device found to be previously in operation has been disconnected and removed.
The Western Butler Authority is authorized, in the course of
its program of testing, repair, rehabilitation, maintenance and replacement
of publicly owned treatment works of the Authority, when it identifies
deteriorating laterals and sewer service connections causing infiltration
and inflow of extraneous waters into the publicly owned treatment
works of the Western Butler County Authority, to provide written notice
to the property owner or owners as to the condition of such laterals
and sewer service connections, together with a statement that such
deteriorating laterals and service connections must, at the property
owner's expense, be promptly repaired, replaced or rehabilitated.
A copy of all written reports prepared by the Authority in connection
with its examination of deteriorating laterals and sewer service connections
shall be provided to the Township.
The Western Butler County Authority and its employees, in performing the duties and undertaking the programs identified in this Part 2, Article B, shall be empowered to enter upon any private property between the hours of 7:00 a.m. and 5:00 p.m., prevailing time, with seven days' advance written notice to the owner, for the purpose of conducting inspections and/or enforcing this Part 2, Article B, and shall have only those powers expressly set forth in this Part 2, Article B, and in other ordinances of the Township or provided by law to perform its functions consistent with such ordinances.
The powers conferred by this Part 2, Article B, to Jackson Township and the Western Butler County Authority shall be in addition to and not in substitution for any other powers conferred upon such Authority and Township to enforce and require the elimination of illegal stormwater and surface water connections to the Western Butler County Authority sewer system and other public sewer systems maintained within the borders of Jackson Township.
A.
No property or property user in the Western Butler County Authority
sewer system shall discharge or permit the discharge of any stormwater,
surface water, springs or natural watercourses, roof runoff, subsurface
drainage, foundation drains, driveway drainage, cooling water or unpolluted
industrial process water into said sanitary sewer system.
B.
The Western Butler County Authority is hereby authorized to conduct, by aforesaid written notice, random periodic smoke and/or dye tests and any other appropriate test or inspection, without costs to the residents of Jackson Township, of all existing sewer systems and structures in Jackson Township for compliance with this Part 2, Article B, and other laws pertaining to sewer systems and structures.
C.
Every owner, lessee or occupier of land within Jackson Township serviced by the Authority shall submit to smoke and/or dye testing by the Western Butler County Authority, which Authority has been designated, authorized, constituted and appointed by Jackson Township as its sole and exclusive agent for such testing purposes, other than as provided by this Part 2, Article B. The owner, lessee or occupier of the land shall permit said testing upon request of Western Butler County Authority to conduct such testing at no cost to the owner, lessee or occupier of land. Testing will not be required when the owner, lessee or occupier of the land produces a valid document of certification issued by Jackson Township in accordance with this Part 2, Article B, for a period of one year from the date of issuance.
D.
When illegal stormwater or surface water connections or conditions
have been discovered, all necessary remedial work to correct such
connection shall be completed by the owner, lessee or occupier of
the premises, weather permitting, within 60 days of the date such
party receives notification of the illegal connection or condition.
E.
In the event the necessary remedial work would create severe economic
hardship for the owner, lessee or occupier of the premises, application
may be made to the Authority for an extension of up to an additional
six months to complete said remedial work. A "severe economic hardship"
shall be defined as any person or persons who qualifies as having
a level income considered to be a low-moderate income under federal
guidelines. In the event the owner, lessee or occupier of the premises
who established severe economic hardship is unable to effect the necessary
remedial work within the time permitted, including any extension thereof,
the Authority may undertake to have the necessary remedial work completed
at the expense of the owner, lessee or occupier of the premises and
to make any necessary arrangements for payment of said work by the
owner, lessee or occupier of the premises on an installment basis,
which arrangements shall be mutually satisfactory to the owner, lessee
or occupier. Under such circumstances, in the event satisfactory arrangements
are not agreed upon by the Authority and the owner, lessee or occupier,
the Authority may file a lien against such property, which lien shall
remain in effect until payment in full or sale of the property occurs.
Jackson Township is hereby authorized, empowered and directed to make rules and regulations for the operation and enforcement of this Part 2, Article B, as it deems necessary, which shall include, but not be limited to:
Nothing in this Part 2, Article B, shall limit, in any fashion whatsoever, the Township's right to enforce its ordinances or the laws of the Commonwealth of Pennsylvania. Nothing in this Part 2, Article B, shall be a defense to any citation issued by any municipal corporation or the commonwealth pursuant to any other law or ordinance.
[Amended 11-21-2002 by Ord. No. 02-11]
A.
Any person, firm or corporation who shall neglect or refuse to comply with any of the terms or provisions of this Part 2, Article B, or of any regulations or requirements pursuant thereto and authorized thereby, in addition to the other penalties provided by law, shall, upon conviction before a District Justice or other proper official, be sentenced to pay a fine of not less than $500 nor more than $5,000, plus costs, including reasonable attorney fees incurred by the Township, and, in default thereof, shall be imprisoned for a period not exceeding 90 days, or both.
B.
In addition to the penalties for summary offenses set forth in Subsection A above, the Authority of Jackson Township may assess civil penalties in accordance with 35 P.S. § 750.13a. For purposes of this section, the Authority or its designee shall hold the requisite assessment hearing. The civil penalty so assessed shall not be less than $300 nor more than $2,500 for each violation.
