[Ord. 49, 11/11/1987, § 1]
For the purpose of this Part, unless otherwise expressly used,
the following terms shall have the meanings herein respectively indicated:
Nazareth Borough Municipal Authority, a Pennsylvania municipality
authority.
The Board of Supervisors of Upper Nazareth Township.
The extension from the sewage drainage system of any structure
to the lateral of a sewer.
Any property located within the Township 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
sanitary sewage and/or industrial waste shall be or may be discharged.
Any room, group of rooms, building or other enclosure used
or intended for use, in whole or in part, in the operation of a business
enterprise for the manufacturing, fabricating, processing, cleaning,
laundering or assembling of any product, commodity or article, or
from which any process waste, as distinct from sanitary sewage, shall
be discharged.
Any solid, liquid or gaseous substance or waterborne wastes
or form of energy rejected or escaping in 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 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, firm, partnership, company, association,
society, trust, corporation or other group or entity of any kind.
Normal water-carried household and toilet wastes discharged
from any improved property.
Any pipe, main 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,
transporting, pumping, treating and disposing of sanitary sewage and
industrial wastes, situate in or adjacent to this Borough, owned and
operated by the Authority.
Any street, alley, public way and public place as now laid
out, whether opened or unopened, dedicated to public use, and all
extensions or additions thereof as may now or hereafter be made.
The Township of Upper Nazareth, Northampton County, Pennsylvania,
a municipality of the Commonwealth of Pennsylvania, acting by and
through its Board of Supervisors, or, in appropriate cases, acting
by and through its authorized representatives.
[Ord. 49, 11/11/1987, § 2]
1.
The Township, by and through its Board of Supervisors, shall enter
into an agreement with the Authority which agreement shall provide
that:
A.
The Board shall appoint a voting representative to be a member of
the Authority.
B.
Said agreement shall provide, inter alia, for the following:
(1)
Convey to the Authority all of Township's right, title
and interest in the sewer lines presently installed within the Township,
owned by the Township, and known as Sewer Districts No. 1 and No.
2, and for the Authority to be responsible for the payment of the
balance of the of debt existing for said Sewer Districts.
(2)
Granting to the Authority the right and privilege of constructing,
maintaining and operating within the Township, a collection system
for sanitary sewage which sewage will be transported by said system
to the expanded plant of the Authority.
(3)
To authorize the Authority in the operation of the construction,
maintenance and operation of the collection system to provide for
the payment of the necessary costs of construction, maintenance and
operation in accordance with the terms of this Part, laws of the Commonwealth
of Pennsylvania, and rules and regulations which may be promulgated
by the Authority and the Township.
(4)
The Authority's construction and maintenance of the system
shall be performed so as not to endanger or interfere with the lives
of persons, or to interfere with new improvements the Township may
deem proper to make, or to unnecessarily hinder or obstruct the free
use of the streets, alleys, bridges, or other public property.
(5)
The Authority shall interfere as little as possible with the
travel and use of the streets in the Township during the construction,
repair and maintenance of the system.
(6)
The Authority shall be responsible to restore the streets in
accordance with the reasonable rules, regulations and conditions as
shall be adopted and specified from time to time, by resolution or
ordinance of this Township; and, this Township does reserve the right
to adopt and specify, from time to time, such reasonable rules, regulations
and conditions in connection with exercise by the Authority of such
rights and privileges.
(7)
In the event that a change is made in the grade of public streets,
alleys, avenues and ground by the Township, which may necessitate
a change in the system to conform to the change of grade, Authority
shall make necessary changes to the system at its own expense upon
due notice from the Board.
(8)
Authority will provide service of system without any installation,
monthly service charge or any charge whatsoever to the Township Fire
Department, Township Municipal Buildings, Township Police and Fire
Stations within the area to be served by this Part.
[Ord. 49, 11/11/1987, § 3]
1.
The owner of any property benefitted, improved or accommodated by
a sewer shall connect such property with such sewer, in such manner
as the Authority may require, within 45 days after notice to such
owner from the Authority to make such connection, for the purpose
of discharge of all sanitary sewage and industrial wastes from such
property, subject to the rules and regulations as shall be established
by the Authority from time to time.
2.
All sanitary sewage and industrial wastes from any property, after
connection of such property with a sewer, shall be required to be
conducted into a sewer, subject to the rules and regulations as shall
be established herein or as otherwise shall be established by the
Authority from time to time.
3.
No person shall place or deposit or permit to be placed or deposited upon public or private property within this Township any sanitary sewage or industrial wastes in violation of Subsection 1. No person shall discharge or permit to be discharged to any natural outlet within this Township any sanitary sewage or industrial wastes in violation of Subsection 1, except where suitable treatment has been provided which is satisfactory to the Authority.
4.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or maintained at any time upon any property which has been connected to a sewer or which shall be required under Subsection 1 to be connected to a sewer. Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned, and, at the discretion of the Township, shall be cleaned and filled at the expense of the owner of such property and under the direction and supervision of the Authority; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned, and if required by this Township, 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.
5.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle
at any time shall be connected with a sewer.
6.
The notice by the Authority to make a connection to a sewer, referred to in Subsection 1, shall consist of a copy of this Part, 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 Part and specifying that such connection be made within 45 days from the date such notice is given. Such notice may be given at any time after a sewer is in place which can receive and convey sanitary sewage and industrial waste for treatment and disposal from the particular improved property. Such notice shall be served upon the owner either by personal service by registered mail or by such other method as at the time may be provided by law.
7.
If the owner of any property benefitted, improved or accommodated by a sewer, after 45 days' notice from the Authority requiring the connection of such property with a sewer, in accordance with Subsection 3, shall fail to connect such property, as required, the Authority may make such connection and may collect from such owner the cost and expenses thereof by a municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law.
[Ord. 49, 11/11/1987, § 4]
1.
No person shall uncover, connect with, make any opening into or use,
alter or disturb in any manner any sewer or any part of the sewer
system without first obtaining a permit, in writing, from the Authority.
2.
Application for a permit required under Subsection 1 of this section shall be made by the owner of the improved property served or to be served.
3.
No person shall make or cause to be made a connection or any property
with a sewer until such person shall have fulfilled each of the following
conditions:
A.
Such person shall have notified the Authority of the desire and intention
to connect such improved property to a sewer.
B.
Such person shall have applied for and obtained a permit as required by Subsection 1 of this section.
C.
Such person shall have given the Authority at least 24 hours'
notice of the time when such connection will be made so that the Authority
may supervise and inspect the work of connection and necessary testing.
D.
Such person shall have furnished satisfactory evidence to the Authority
that any tapping fee charged and imposed by the Authority against
the owner of each property who connects such property to a sewer has
been paid.
4.
Except as otherwise provided in this subsection 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 and then only
after special permission of the Authority, in writing, shall have
been secured and subject to such rules, regulations and conditions
as may be prescribed by the Authority.
5.
All costs and expenses of construction of a building sewer and all
costs and expenses of connection of a building sewer to a sewer, including
testing, shall be borne by the owner of the property to be connected;
and such owner shall indemnify and save harmless the Authority from
all loss or damage that may be occasioned, directly or indirectly,
as a result of connection of a building sewer to a sewer.
6.
A building sewer shall be connected to a sewer at the place designated
by the Authority and where the lateral is provided. 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. A smooth, neat joint
shall be made and the connection of a building sewer to the lateral
shall be made secure and watertight.
7.
If the owner of any property benefitted, improved or accommodated by a sewer, after 45 days' notice from the Authority requiring the connection of such property with a sewer, in accordance with § 18-203, shall fail to connect such property, as required, the Authority may make such connection and may collect from such owner the cost and expenses thereof by a municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law.
[Ord. 49, 11/11/1987, § 5]
1.
Where a property, at the time connection to a sewer is required,
shall be served by its own sewage disposal system or device, the existing
house sewer line shall be broken on the structure side of such sewage
disposal system or device and attachment shall be made, with proper
fittings, to continue such house sewer line as a building sewer.
2.
No building sewer shall be covered until it has been inspected and
approved by the Authority. 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.
3.
Every building sewer of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such property.
4.
Every excavation for a building sewer shall be guarded adequately
with barricades and lights to protect all persons from damage and
injury. Streets, sidewalks and all 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 the Authority.
5.
If any person shall fail or refuse, upon receipt of a notice from
the Authority, in writing, to remedy any unsatisfactory conditions
with respect to a building sewer, within 45 days of receipt of such
notice, the Authority may refuse to permit such person to discharge
sanitary sewage and/or industrial wastes into the sewer system until
such unsatisfactory conditions shall have been remedied to the satisfaction
of the Authority.
6.
This Township authorizes the Authority to adopt, from time to time,
additional rules and regulations as it shall deem necessary and proper
relating to connections with a sewer and the sewer system, which additional
rules and regulations to the extent appropriate, shall be construed
as a part of this Part.
[Ord. 49, 11/11/1987, § 6; as amended by A.O.]
1.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days or such penalties and fines as may be prescribed
by the statutes of the Commonwealth of Pennsylvania from time to time.
Each day that a violation of this Part continues or each section of
this Part which shall be found to have been violated shall constitute
a separate offense.
2.
Fines and costs imposed under provisions of this Part shall be enforceable
and recoverable in the manner at the time provided by applicable law.
[Ord. 49, 11/11/1987, § 8]
It is hereby declared that the enactment of this Part is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of this Township.
[Ord. 49, 11/11/1987, § 9]
1.
Authority shall, at all times, keep in effect the following types
of minimum insurance coverage:
A.
Workmen's compensation upon its employees engaged in any manner
in the installation or servicing of its plant and equipment within
the Township.
B.
Property damage liability insurance to the extent of $500,000 per
accident with up to $1,000,000 personal injury liability insurance.
This insurance shall be placed with a good and reliable company and
proof of insurance shall be submitted to the Township at the time
of acceptance of this Part by the Authority, and periodically thereafter
as often as such policy or policies shall be replaced or reissued.
Authority shall indemnify, protect and save harmless the Township
from and against losses and physical damage to property, or in bodily
injury or death to persons, including payments made under any Workmen's
Compensation Law, which may arise out of or be caused by the construction,
maintenance, and operation of sewage system, within the Township,
or by any act of Authority, its agents or employees. Authority shall
carry insurance in the above-described minimum amounts to protect
the parties hereto from and against all claims, damages, actions,
judgments, costs, expenses and liabilities which may arise or result,
directly or indirectly, from or by reason of such loss, injury or
damage. All insurance required shall be and remain in full force and
effect for the entire life of the rights granted hereunder.
[Ord. 49, 11/11/1987, § 10]
The Township shall have the right to supervise all construction,
installation, or excavation work performed on the streets subject
to the provisions of this Part and to make such inspection as it shall
find necessary to insure compliance with governing ordinances.
Authority is subject to all requirements of the Township ordinances,
rules and regulations and specifications of the Township heretofore
or hereafter enacted or established, including, but not limited to,
those concerning street work, street excavation, use, removal and
relocation of property within a street and other street work.
