[HISTORY: Adopted by the Borough Council of the Borough of New Eagle as indicated in article histories. Amendments noted where applicable.]
Article I Rules and Regulations of Authority
Article II Mandatory Connection
The ordinances, rules and regulations of the New Eagle Borough Municipal Sewer Authority shall govern sewer use in the Borough of New Eagle.
The Municipal Authority will furnish sewage service only in accordance with the currently prevailing, and as hereafter revised, rates, rules and regulations of the Authority, which rates, rules and regulations are made a part of every application, contract, agreement or license entered into between the property owner and the Authority.
The Authority hereby reserves the right, so often as it may deem necessary, to alter, amend and/or repeal these rates, rules and regulations or any part thereof and, in whole or in part, to substitute new rates, rules and regulations, which altered, amended and/or new rates, rules and regulations shall forthwith, without notice, become and thereafter be a part of every such contract or agreement.
No persons shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water or unpolluted water to any sanitary sewer.
The Authority reserves the right to prohibit connections to the system, or to enforce discontinuance of the use of the sewage system of deleterious wastes, or to require pretreatment of such wastes in order to prevent damage to or adverse effect upon the system. The design, construction and operation of such pretreatment facilities shall be subject to approval by the Authority.
Tampering fee for interference with Authority property.
No employee, owner, tenant or other unauthorized person shall turn the water on or off at any corporation cock or curb cock or break the seals, disconnect or remove the meter, or otherwise tamper or interfere with the Authority's property.
For unauthorized operation of any street valve, curb stop, service cock or other service connection, or for using water that is unmetered, including use for testing, plumbing or for any use of a fill piece, or any other tampering with the Authority's water or sewage distribution system, the customer and/or owner of the premises at which the unauthorized activity described above occurs and any person or corporation engaging in such tampering or interference shall be assessed a tampering fee of up to $500 plus any costs incurred by the Authority to repair any damage to Authority property, plus the cost of any unmetered water used at the premises, plus interest at 6% per annum; the volume of such unmetered water to be reasonably estimated by the Authority.
In addition to the assessment of the tampering fee, the Authority Manager may refer the matter for prosecution as a summary offense pursuant to Section 5607(d)(17) of the Municipality Authorities Act. The Authority may, as an additional remedy, discontinue service to the premises at which tampering or interference occurs for a second time within a twelve-month period under the same owner or tenant.
Editor's Note: See now 53 Pa.C.S.A. § 5607(d)(17).
Every owner of property in the watershed area of the Borough of New Eagle whose property abuts upon any public sanitary sewer presently owned and in existence or to be acquired or constructed in the future by the New Eagle Municipal Sewer Authority shall connect, at its own cost, the house, building or other structures located on said property with the aforementioned public sanitary sewers for the purpose of disposing of all acceptable sanitary sewage emanating from said property.
It shall be unlawful hereafter for any owner, lessee or occupier of any property in the watershed area of the Borough abutting upon any aforementioned public sanitary sewer 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 sewers.
Where any house, building or structure in the Borough abutting upon any aforementioned public sanitary sewer 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 Borough Secretary or the authorized representative of the New Eagle Borough Municipal Sewer Authority (hereinafter called the "Authority") to notify the owner, lessee or occupier of such structure, in writing, either by personal service, certified mail 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 a structure 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 Borough 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 Borough 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 rates immediately even though actual connection to the public sanitary sewers will not be accomplished until some stated later date within the said 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 to permit, allow or cause to enter into said public sanitary sewers any stormwater, foundation drain water, spring water, surface water or any sewage or industrial waste from any property other than that for which a permit is issued.
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:
He shall make application to the Authority upon a permit form to be formulated and supplied by 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.
He shall pay to the Authority the then required tap connection fee for each building or structure on each property connected to the aforementioned public sanitary sewers at the time of making application for permission to make such connection or connections.
No work shall commence before the issuance of the aforementioned connection permit.
He shall give the designated inspector of 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 connection by endorsing his name and the date of approval on the aforementioned connection permit in the possession of the permittee.
At the time of inspection of the connection, 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.
The construction and size of all building sewer lines or house service sewers shall be done in accordance with the specifications, plans and procedures established by the Authority in its 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 Borough Secretary.
If the owner or owners of any occupied houses, buildings or structures in the watershed area of the Borough shall neglect or refuse to comply with the provisions of this article or the written notice as prescribed in § 239-5 hereof, 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 article at the cost and expense of such owner or owners, together with 10% additional thereof and all charges and expenses incidental thereto.
Such sum shall be collected from said owner or owners for the use of the Authority as debts are by law collectible, or the Authority may 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 article shall have the same definitions as those which are set forth in the Sewer System Rules and Regulations, said rules and regulations to be applicable to all users of the aforementioned public sanitary sewers.
In addition to any penalty hereinabove prescribed, any person, firm or corporation failing to make a proper connection within the time specified after receipt of proper notice as provided in § 239-5 hereof shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000 plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Washington County.