The owners of each improved property within the Township of Carroll
which is benefited, improved or accommodated by any community sewage
disposal system existing on the effective date of this article, or
which shall hereafter be constructed by the Dillsburg Area Authority,
by Carroll Township or by any authority created by Carroll Township
shall, upon written notice from the Dillsburg Area Authority, from
the Township or from any Authority created by the Township, connect
such improved property to the said community sewage disposal system
without delay, in accordance with the rules and regulations of the
Township or of the Authority (if any) which operates such community
sewage disposal system; provided that, the owner of any improved property
which, on the effective date of this article, is served by an existing
on-lot sewage disposal system, shall not be required to connect to
a community sewage disposal system unless: legal title to said property
is transferred to a person or persons other than the owner or owners
of record on the effective date of this article; or the Carroll Township
Sewage Enforcement Officer or the Pennsylvania Department of Environmental
Protection determines that said on-lot sewage disposal system has
malfunctioned. It is hereby declared to be the stated policy of Carroll
Township that after the effective date of this article, no permits
shall be issued for the construction or repair of an individual on-site
sewage disposal system on any property which is benefited, improved
or accommodated by a community sewage disposal system.
For the purposes of this article, an improved property shall be deemed
to be accessible to a community sewage disposal system if the following
conditions be met:
Such property abuts upon or adjoins a public street, alley, road
or other public highway in which there is a collection line of a community
sewage disposal system owned or operated by the Dillsburg Area Authority,
by Carroll Township, or by any Authority created by Carroll Township;
If any owner of improved property required to be connected to said
sewage disposal system shall neglect or refuse to connect therewith
after written notice so to do, the Township shall give such owner
written notice making reference to this section and ordering such
owner to make the required connection within 60 days of the date of
said notice, and upon failure of such owner to make the required connection
within said sixty-day period, the Township or its agents shall, in
accordance with the provisions of the Second Class Township Code,[1] enter upon such property and construct such connection
and, upon completion of the work, send an itemized bill of the cost
of the construction of such connection to the property owner which
bill shall be payable forthwith. In case of neglect or refusal by
the owner of such property to pay said bill, it shall be the duty
of the proper Township officials and Township Solicitor to file municipal
liens for said construction within six months of the date of the completion
of the construction of said connection.
If any owner of improved property within the Township shall have failed to connect his or her property with the sewage disposal system as required by Subsecton A and the Township shall have given such owner written notice pursuant to Subsection C of this article, and if such owner shall have failed within said sixty-day period to make the required connection, such failure shall be and hereby is declared a violation of this article, and such owner shall upon conviction thereof forfeit and pay to the use of the Township a sum not exceeding $200 for each 30 days or fraction thereof such violation shall persist, together with costs of prosecution, such sum to be collected as prescribed by law. The sum herein forfeited shall be considered a penalty.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful, at any time after 60 days from the receipt of written notice pursuant to Subsection A or C of this article, or pursuant to this Subsection E in the case of other violations, for any person, firm or corporation:
To own, maintain, operate, or use within the Township a privy, outhouse,
cesspool, vault, septic tank or similar receptacle for sanitary sewage
upon any property now or hereafter improved, which is required to
be connected to a community sewage disposal system;
To discharge industrial sewage or industrial waste into any storm
sewer or other sewer or outlet other than that which is connected
to said community sewage disposal system; or
To violate the rules and regulations of any Authority governing the
community sewage disposal system, if the system is operated by an
authority, or to violate the rules and regulations of Carroll Township
governing the community sewage disposal system, if such system is
operated by Carroll Township, including permitting the discharge of
roof water, stormwater, surface drainage or foundation drainage into
the community sewage disposal system, without first obtaining a permit
from the Authority (in the case of a system operated by an authority)
or from the Township (in the case of a system operated by the Township)
or without permitting an inspection of the building sewer and connection
by the Authority or its agent, or by the Township or its agent, whichever
is applicable, or discharging industrial wastes or other substances
into the community sewage disposal system otherwise than in accordance
with the rules and regulations governing such community sewage disposal
system.
All persons, firms or corporations violating Subsection E of this article shall, upon conviction thereof, forfeit or pay to the use of the Township a sum not exceeding $100 for each 60 days or fraction thereof such violation shall persist, together with costs of prosecution, which sum shall be collected as prescribed by law. The sum herein forfeited shall be considered a penalty.
No owner of property shall be permitted to discharge into a community
sewage disposal system any waste or drainage other than sanitary sewage
except as may be expressly permitted by the applicable rules and regulations
governing operations of such community sewage disposal system.
Notices to property owners under Subsections A and C of this article may be given either by personal service or by registered or certified mail sent to the last known address of such owner.
To the extent permitted by law, all fines and penalties collected by the Township under § 308-18 of this article from those persons connecting to community sewage disposal systems operated by the Dillsburg Area Authority or by any authority created by the Township, shall be paid over to such authority, less the costs of collection paid or incurred by the Township.
Any developer of land to which the subdivision or land development
ordinances of the Township shall apply and whose property is located
within 1,000 feet of any community sewage disposal system, shall construct
sewer collection lines within the development in accordance with the
rules and regulations governing such community sewage disposal system,
as well as other applicable ordinances of this Township, and, upon
approval of such construction by the authority operating such community
sewage disposal system, or by the Township in the case of a system
operated by the Township, shall convey the sewer lines to the authority,
or if the community sewage disposal system is operated by the Township,
to the Township. In the case of a community sewage disposal system
operated by an authority, the Township shall procure from the authority
a specific capacity to be reserved for such development and shall
notify the developer within 30 days from such allocation by the authority
of the number of units for which treatment is reserved to the developer.
In the case of a community sewage disposal system operated by the
Township, the Township shall allocate a specific capacity to be reserved
for such development, and shall give notice to the developer within
30 days of such allocation. Each such developer shall pay to the authority
(in the case of a system operated by an authority) or to the Township
(in the case of a system operated by the Township) such charges as
may be established by the authority or by the Township in the case
of a system operated by the Township, from time to time for the reservation
of capacity in the treatment system, and shall pay to the Township
such other costs or charges as may be required by ordinance of the
Township.
The Township shall approve the rules and regulations of any authority
operating a community sewage disposal system within the Township,
and shall cooperate with any such authority in the enforcement thereof.
The rules and regulations adopted by an authority operating a community
sewage disposal system established in the Township, as well as any
additional rules and regulations as may be required by ordinance of
the Township, shall apply to all persons connected to a community
sewage disposal system, whether required to do so by this article
or voluntarily connecting to a community sewage disposal system. A
copy of said rules and regulations of any authority operating a community
sewage disposal system in the Township, as well as further regulations
as may be required by ordinance, and all amendments thereto, shall
be filed with the Township Secretary for inspection by any interested
parties.
All persons connected to a community sewage disposal system, whether
required to do so by this article or who have done so voluntarily,
shall pay sewer rentals to the authority operating such system (or
to the Township in the case of a system operated by the Township)
in accordance with the rate schedules established by the authority
(or by the Township in the case of a system operated by the Township)
from time to time, as well as any additional sewer rentals as may
be required by ordinance of the Township.