[Ord. 2012-2, 4/5/2012, § 1]
1. It is the intent of this Part to establish additional rules and regulations
governing the use of conveyance systems and to establish penalty structures
required to enforce said rules and regulations.
2. The rules and regulations governing the use of conveyance systems
are being established:
A. To set forth uniform requirements for the use of conveyance systems.
B. To prevent the introduction of groundwater into the sewer system.
[Ord. 2012-2, 4/5/2012, § 2]
The following terms, as used in this Part, shall have the following
meanings, unless the context clearly indicates a different meaning
is intended:
CONVEYANCE SYSTEMS
Any structures or facilities designed to collect, convey
or discharge groundwater, including, but not limited to down spouts,
sump pumps and french drains.
GROUNDWATER
Stormwater, surface water, groundwater, well water or water
from industrial commercial air conditioning systems (residential properties
may have a ten-gallon per day maximum discharge from air conditioning
systems).
PERSON
Any individual, corporation, partnership, limited liability
company, association or other entity.
REAL PROPERTY
Any real property located within Hopewell Township.
SEWER SYSTEM
Any and all pipes, fittings, pumps, appurtenances and facilities
that provide for the collection, conveyance and treatment of waste
water from real property.
TOWNSHIP
Hopewell Township, York County.
[Ord. 2012-2, 4/5/2012, § 3]
It shall be unlawful for any person that owns or occupies real
property to allow any groundwater to drain or to enter into the sewer
system. No conveyance system of any type shall be connected or discharged
into the sewer system.
[Ord. 2012-2, 4/5/2012, § 4]
Persons shall allow a designated Township Official or representative
to inspect the real property and any structures thereon to confirm
that there are no conveyance systems discharging into the sewer system.
The Township may periodically re-inspect to determine continued compliance
with the requirements of this Part. The Township shall give the owner
or possessor of the real property advance notice of inspection and
shall conduct the inspection during reasonable hours.
[Ord. 2012-2, 4/5/2012, § 5]
1. If a person should fail to allow or to facilitate an inspection within
20 calendar days following the Township's request, then that
person shall be required within 10 calendar days following written
notice, to facilitate the inspection or to obtain and provide to the
Township the following:
A. An affidavit from a plumber licensed in the Commonwealth of Pennsylvania
confirming that there are no conveyance systems connected to the sewer
system.
B. Drawings or diagrams confirming the existence of any groundwater
conveyance systems serving the real property and showing where they
discharge.
C. Photographs of any conveyance systems.
D. Any other information requested by the Township.
2. Alternatively, the Township shall be authorized to seek through the
Court of Common Pleas of York County, Pennsylvania an order that such
person shall facilitate the inspection and cease and desist without
any interference thereof.
[Ord. 2012-2, 4/5/2012, § 6]
Any person who has previously made any improper connection of a conveyance system to the sewer system shall immediately remove such connection. If not removed within 20 calendar days after notice of the violation has been delivered personally or by certified mail to the owner, the Township shall impose a surcharge in the amount provided in §
18-407. Such surcharge shall also be imposed upon any person within 30 calendar days of the Township's request if the person refuses to allow the property to be inspected. The owner of real property found to be not in conformance with this Part during periodic re-inspections shall be subjected to a surcharge as provided in §
18-407, surcharge starting from the previous date of inspection.
[Ord. 2012-2, 4/5/2012, § 7; as amended by Ord.
2016-1, 1/4/2016]
1. A surcharge or penalty of no less than $1,000 per violation is hereby
imposed on owners of real property for violations of this Part, including:
A. Failure to comply with the provisions of the Part.
B. Refusal to permit real property inspection.
C. Failure to provide information with regard to conveyance systems.
2. Each day that a violation continues shall constitute a separate violation
unless a magisterial district judge determines that there is a good
faith basis for the person violating the Part to have believed that
there was no such violation, in which case there shall be deemed to
have been only one such violation until the fifth day following the
date of the determination by a magisterial district judge and thereafter
each day that a violation continues shall constitute a separate violation.
The penalty shall include court costs and reasonable attorney fees
incurred by the Township as a result of the violation.
[Ord. 2012-2, 4/5/2012, § 8]
If a person fails to remedy the violation the Township is authorized
to correct the matter giving rise to the violation after providing
15 days' prior written notice of intent to remedy the issue and
may thereafter collect all costs and expenses incurred in connection
with correcting the violation by filing a municipal claim.