[Adopted 8-21-1978 by Ord. No. 78-9 as Ch. III, Part 7 of the 1978 Code;
amended in its entirety 2-15-2010 by Ord. No. 2010-02]
[Amended 3-16-2020 by Ord. No. 2020-01]
Unless the context specifically and clearly indicates otherwise,
the meanings of terms and phrases used in this article shall be as
follows, and as supplemented by the definitions, terms, phrases and
abbreviations included in the Union Township Municipal Authority's
and the Geigertown Area Joint Authority's latest Rules and Regulations,
as applicable:
The Union Township Municipal Authority of Berks County, Pennsylvania,
and the Geigertown Area Joint Authority of Berks County, Pennsylvania,
being Pennsylvania Municipal Authorities incorporated pursuant to
the provisions of the Municipality Authorities Act of 2001, approved
June 19, 2001, P.L. 287,[1] as amended and supplemented by the commonwealth.
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 the owner and which are located on such
improved property. The Township is responsible for inspection through
a Plumbing Inspector for this part of the sewage drainage system.
The Commonwealth of Pennsylvania.
Any property within this Township upon which there is erected
a building or structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sanitary sewage and/or industrial wastes shall be or may be discharged.
Any improved property used, in whole or in part, for the
manufacturing, processing, cleaning, laundering or assembling of any
product, commodity or article, or from which any process waste, as
distinct from domestic waste, shall be discharged.
Any liquid or gaseous substance, whether or not solids are
contained therein, discharged from any industrial establishment during
the course of any industrial, manufacturing, trade or business process
or in the course of the development, recovery or processing of natural
resources, as distinct from sanitary sewage.
That part of the sewer system extending from a sewer to the
curbline or, if there shall be no curbline, to the property line or,
if no such lateral shall be provided, then "lateral" shall mean that
portion of or place in a sewer which is provided for connection of
any building sewer.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate or governmental
entity, or any other legal entity, or their legal representatives,
agents or assigns.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned by a municipality. Currently
there are two POTWs serving Union Township, namely the Birdsboro Municipal
Authority in the west and Amity Township in the east.
Normal, water-carried household and toilet wastes from any
improved property.
Any pipe or conduit, constituting a part of the sewer system,
used or usable for sewage collection purposes.
All facilities, as of any particular time, for collecting,
pumping, transmitting, treatment and disposing of sanitary sewage
and/or industrial wastes, situate in or adjacent to this Township
and owned by the Authority.
Includes any street, road, lane, court, cul-de-sac, alley,
public way or public square, including such streets as are dedicated
to public use and such streets as may be owned by private persons.
The Township of Union, Berks County, Pennsylvania, a municipal
subdivision of the commonwealth, acting by and through its Board of
Supervisors or, in appropriate cases, acting by and through its authorized
representatives.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[Amended 3-16-2020 by Ord. No. 2020-01]
The owner of any improved property accessible to and whose principal
building is within 150 feet from the sewer or lateral shall connect
such improved property with and shall use the sewer system, in such
a manner as this Township may require, within 60 days after notice
to such owner from this Township to make such connection for the purpose
of discharge of all sanitary sewage and industrial wastes from such
improved property, subject, however, to such limitations and restrictions
as shall be established herein or otherwise shall be established by
this Township from time to time.
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under § 156-2, shall be conducted into a sewer, subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township and Authority from time to time.
A.
No person shall place, shall deposit or shall permit to be placed or to be deposited upon public or private property within this Township any sanitary sewage or industrial wastes in violation of § 156-2.
B.
No person shall discharge or shall permit to be discharged any sanitary sewage or industrial wastes in violation of § 156-2, except where suitable treatment has been provided which is satisfactory to this Township and is consistent and in compliance with the statutes of the Commonwealth of Pennsylvania and the terms of any rules, regulations or permits issued by the Pennsylvania Department of Environmental Protection.
A.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon any improved property which has been connected to a sewer or which shall be required under § 156-2 to be connected to a sewer.
B.
Every such privy vault, cesspool, sinkhole, septic tank or similar
receptacle in existence shall be abandoned and, at the direction of
the Township and at the discretion of this Township, shall be cleansed
and shall be filled, at the expense of the owner of such improved
property, under the direction and supervision of this Township; and
any such privy vault, cesspool, sinkhole, septic tank or similar receptacle
not so abandoned and, if required by this Township, not cleansed and
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.
The requirements of the Authority's Rules and Regulations shall also
be applied to the abandonment.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle
at any time shall be connected with a sewer.
The notice by this Township to make a connection to a sewer, referred to in § 156-2, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section hereof, 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 60 days after the date such notice is given or served. Such notice may be given or served at any time after a sewer is in place which can receive and can convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be given or served upon the owner in accordance with law.
No person shall uncover, shall connect with, shall make any
opening into or shall use, shall alter or shall disturb, in any manner,
any sewer or any part of the sewer system without first obtaining
the required permits, in writing, from this Township and the Authority.
Application for a permit required under § 156-8 shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
No person shall make or shall cause to be made a connection
of any improved property with a sewer until such person shall have
fulfilled each of the following conditions:
A.
Such person shall have notified the Secretary of this Township and
the Authority of the desire and intention to connect such improved
property to a sewer;
C.
Such person shall have given the Secretary of this Township and the
Authority at least 24 hours' notice of the time when such connection
will be made so that this Township and the Authority may supervise
and inspect or may cause to be supervised and inspected the work of
connection and necessary testing; and
D.
If applicable, such person shall have furnished satisfactory evidence
to the Secretary of this Township that any tapping (or connection)
fee which may be charged and imposed by the Authority against the
owner of each improved property who connects such improved property
to a sewer has been paid.
Except as otherwise provided in this section, each improved
property shall be connected separately and independently with a sewer
through a building sewer. Grouping of more than one improved property
on one building sewer shall not be permitted, except under special
circumstances and for good sanitary reasons or other good cause shown,
but then only after special permission of this Township and Authority,
in writing, shall have been secured and only subject to such rules,
regulations and conditions as may be prescribed by this Township and
the Authority.
All costs and expenses of construction of a building sewer to
a sewer shall be borne by the owner of the improved property to be
connected; and such owner shall indemnify and shall save harmless
this Township and the Authority from all loss or damage that may be
occasioned, directly or indirectly, as a result of construction of
a building sewer or of connection of a building sewer to a sewer.
A.
A building sewer shall be connected to a sewer at the place designated
by this Township or by the Authority and where, if applicable, the
lateral is provided.
B.
The invert of a building sewer at the point of connection shall be
at the same or a higher elevation than the invert of the sewer. The
connection of a building sewer to the lateral shall be made in accordance
with the Authority's Rules and Regulations.
If the owner of any improved property located within this Township and accessible to and whose principal building is within 150 feet from the sewer system, after 60 days' notice from this Township in accordance with § 156-2, shall fail to connect such improved property, as required, this Township may direct the Authority to enter upon such improved property and construct such connection and may collect from such owner the costs and expenses thereof in the manner permitted by law.
Where an improved property, at the time connection to a sewer
is required, shall be served by its own sewage disposal system or
sewage disposal device, the existing house sewer line shall be broken
on the structure side of such sewage disposal system or sewage disposal
device and attachment shall be made, with proper fittings, to continue
such house sewer line as a building sewer and in accordance with the
Authority's Rules and Regulations.
No building sewer shall be covered until it has been inspected
and approved by this Township. If any part of a building sewer is
covered before so being inspected and approved, it shall be uncovered
for inspection, at the cost and expense of the owner of the improved
property to be connected to a sewer. The Plumbing Inspector and inspection
requirements of the Township and the Authority shall be as outlined
in the Authority's Rules and Regulations concerning the building sewer.
Every building sewer of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
Every excavation for a building sewer shall be guarded adequately
with barricades and lights to protect all persons from damage and
injury. Any street, sidewalk and other public property disturbed in
the course of installation of a building sewer shall be restored,
at the cost and expense of the owner of the improved property being
connected, in a manner satisfactory to this Township.
If any person shall fail or shall refuse, upon receipt of a
notice of this Township or the Authority, in writing, to remedy any
unsatisfactory condition with respect to a building sewer, within
60 days of receipt of such notice, this Township or the Authority
may refuse to permit such person to discharge sanitary sewage and
industrial wastes into the sewer system until such unsatisfactory
condition shall have been remedied to the satisfaction of this Township
and the Authority.
Except as otherwise provided herein, the Township empowers the
Authority to administer, implement and enforce all public sewer connection
provisions in accordance with the Union Township Municipal Authority
Rules, Regulations and Specifications for Sanitary Sewer Installation,
latest version. The relevant sections of the POTW's Rules and Regulations
regarding connection are also incorporated by reference herein and
shall be enforced within the Township by the Authority. All work within
the Township and the Union Township Municipal Authority service area
shall be in accordance with these regulations and the codes of the
Township.
Any person who shall violate this article shall be subject to the penalties set forth in Chapter 1, Article III, General Penalty, of this code. Each day that a violation shall continue shall be deemed and shall be taken to be a separate offense and shall be punishable as such. Additionally, the enforcement of violations and the imposition of penalties under this Code shall not preclude the Township, the Authority or the POTW owner from pursuing such other actions at law or in equity as are available to them to restrain, correct or abate violations and prosecute penalties.
Fines and costs imposed shall be enforceable and recoverable
in the manner and at the time provided by applicable law.
