[Ord. 39, 5/12/1994, § 1]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
The City of Lebanon Authority, a body corporate and politic,
organized under the laws of the Commonwealth of Pennsylvania.
Extension from the water system of any structure to the lateral
of a main.
Any property within the Township of Swatara upon which there
is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals.
Any pipe or conduit constituting a part of the water system
used or usable for water distribution purposes.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipal authority or other group
or entity.
All facilities, as of any particular time, for production,
transmission, storage and distribution of water in the Township of
Swatara, owned by the City of Lebanon Authority, for maintenance,
operation and use.
[Ord. 39, 5/12/1994, § 2]
1.
The owner of any improved property abutting upon the water system
shall connect such improved property with and shall use such water
system in such manner as the Township of Swatara may require, within
90 days after notice to such owner by the Township of Swatara to make
such connection; provided, that no owner with a building located more
than 300 feet from a water main shall be required to connect; subject
to such limitation and restrictions as shall be established herein
or otherwise shall be established by the City of Lebanon Authority.
2.
The notice by the Township of Swatara to make connection to a main 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 thereof, and a written or printed document requiring the connection in accordance with the provisions of this Part and specifying the date such notice is given or served. Such notice may be given or served at any time after a main is in place which can deliver water to the particular improved property. Such notice shall be given or served upon the owner in accordance with law.
[Ord. 39, 5/12/1994, § 3; as amended by Ord. 44,
6/11/1998]
1.
No person shall uncover, connect with, make any opening into, use,
alter or disturb, in any manner, any main or any part of the water
system without first obtaining a permit in writing from the City of
Lebanon Authority.
3.
No person shall make or shall cause to be made a connection of any
improved property to a main until such person fulfills each of the
following conditions:
A.
Notify the City of Lebanon Authority of the desire and intention
to connect such improved property to a main.
C.
Give the City of Lebanon Authority at least 24 hours' notice
before such connection will be made in order that the City of Lebanon
Authority may supervise and inspect or may cause to be supervised
and inspected the work of connection and necessary testing.
D.
If applicable, furnish satisfactory evidence to the City of Lebanon
Authority that any tapping (or connection) fee which may be charged
and imposed by the City of Lebanon Authority against the owner of
each improved property who connects such improved property to a main
has been paid.
4.
Except as otherwise provided in this subsection, each improved property
shall be connected separately and independently with a main through
a building main. Grouping of more than one improved property on one
building main shall not be permitted, except under special circumstances
and for good cause shown, but then only after special permission of
the City of Lebanon Authority, in writing, shall have been secured
and only subject to such rules, regulations and conditions as may
be prescribed by the City of Lebanon Authority.
5.
All costs and expenses of construction of a building main and all
costs and expenses of connection of a building main to a main shall
be borne by the owner of the improved property to be connected; and
such owner shall indemnify and shall save harmless the Township of
Swatara and the City of Lebanon Authority from all loss or damage
that may be occasioned, directly or indirectly, as a result of construction
of building main or of connection of a building main to a main.
6.
A building main shall be connected to a main at the place designated
by the City of Lebanon Authority, and where, if applicable, the lateral
is provided. A smooth, neat joint shall be made and the connection
of a building main to the lateral shall be made secure and watertight.
7.
If the owner of any improved property located within the Township of Swatara and abutting upon the water system, subject to the exception provided for in § 26-102, Subsection 1, after 90 days' notice from the Township of Swatara, in accordance with § 26-102, Subsection1, shall fail to connect such improved property, the Township of Swatara or the City of Lebanon Authority may construct such connection and collect from such owner the costs and expenses thereof in any manner permitted by law.
8.
From and after the passage of this Part, it shall be unlawful for
any person owning property abutting or adjoining any street or alley
in the Township of Swatara in which a water main is available to maintain
any cross connections between a pipe or fixture carrying water furnished
by the City of Lebanon Authority and a pipe or fixture carrying water
from any other source, which is not under permit with the Pennsylvania
Department of Environmental Protection and authorized by the City
of Lebanon. In such cases as a second source of water exists, complete
separation of the two systems must be maintained at all times.
[Ord. 39, 5/12/1994, § 4]
1.
No building main shall be covered until it has been inspected and
approved by the City of Lebanon Authority. If any part of a building
main 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 main.
2.
Every building main of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
3.
Every excavation for a building main shall be guarded adequately
with barricades and lights to protect all persons from damage and
injury. Any street, sidewalk or other public property disturbed in
the course of installation of a building main shall be restored, at
the cost and expense of the owner of the improved property being connected,
in a manner satisfactory to the Township of Swatara.
4.
If any person shall fail or shall refuse, upon receipt of a notice
in writing of the City of Lebanon Authority to remedy any unsatisfactory
condition with respect to a building main within 60 days of receipt
of such notice, the City of Lebanon Authority may refuse to permit
such person to be served by the water system until such unsatisfactory
condition shall have been remedied to the satisfaction of the City
of Lebanon Authority.
5.
The City of Lebanon Authority reserves the right to adopt, from time
to time, additional rules and regulations it shall deem necessary
and proper relating to connections with a main and with the water
system, which additional rules and regulations, to the extent appropriate,
shall be construed at part of this Part.
[Ord. 39, 5/12/1994, § 5; as amended by Ord. 44,
6/11/1998]
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. 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.
