[Ord. 120, 11/1/1961,
§ 1]
The word "person" as used in this Part shall mean any natural
person, association, partnership, firm or corporation. The singular
shall include the plural and the masculine shall include the feminine
and the neuter.
[Ord. 120, 11/1/1961,
§ 2]
All owners of property accessible to the sanitary sewers leased
by the Township from the Authority are hereby directed and required
to make connection with such sewer for the purpose of discharging
therein all fecal matter, human excrement, kitchen and laundry waste
and other sewage from such premises. All such sewage shall, after
such connection, be conducted into such sewer. Every such property
shall be connected separately and independently with the sewer through
the house connection branch directly opposite the building or nearest
in a downstream direction.
[Ord. 120, 11/1/1961,
§ 3]
If the owner of any property, after 60 days notice from the
Township to make connection with such sewer, shall fail to make such
connection, the Township may make such connection and may collect
the cost thereof or in an action of assumpsit, as provided by law.
[Ord. 120, 11/1/1961,
§ 4]
All work of making connection to any sewer shall be done under
the personal supervision of the Township Engineer, or his authorized
agent, and shall conform to the following requirements. All sewer
connections shall be made at the place where the "Y" in the sewer
is provided, but if no "Y" is provided in the sewer, then the property
owner making such connection shall, at his expense, put in the "Y"
in making such connection. All joints shall be sealed and made airtight,
and shall be made smooth and clean inside, with all sewers in straight
alignment and of proper grade, so as to provide free flow of sewage
matter without any obstructions and to be made in accordance with
the Township's specifications for its sewers. All work pertaining
to the connection with the sewer shall be, financially and otherwise,
the responsibility of the owner of the property with which connection
is made, subject to the right of supervision hereby reserved by the
Township or its agents.
[Ord. 120, 11/1/1961,
§ 5; as amended by Ord. 170, 12/11/1978, § 1]
No person shall connect or cause to be connected or suffer to
remain connected to, with, and of the sanitary sewers of the Township,
directly or indirectly, any steam exhaust, boiler blow-off, sediment
drip, any storm drain, or any pipe carrying or constructed to carry
hot water or acid, germicide, grease, brewery mash, gasoline, naphtha,
benzine, oil, connected rain water or surface water or run-off or
any other substance detrimental to the sewers or the sewage disposal
works of the Borough of Leetsdale or the Leet Township Municipal Authority,
Allegheny County, Pennsylvania, or the Borough of Ambridge or Borough
of Ambridge Municipal Authority, Beaver County, Pennsylvania.
[Ord. 120, 11/1/1961,
§ 6]
No privy vault, cesspool or similar receptacle or human excrement
shall hereafter be maintained upon any premises from which connection
with any sewers shall have been made. Every such privy vault, cesspool
or other receptacle shall, within 30 days after final enactment of
this Part in case of premises not connected with a sewer and within
30 days after connection with the sewer in the case of premises hereafter
so connected, be abandoned, cleansed and filed under the direction
and supervision of the Township Engineer.
[Ord. 120, 11/1/1961,
§ 7; as amended by Ord. 260, 3/11/1996, § 18-107; and by Ord. 2016-01, 3/14/2016]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, 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 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 120, 11/1/1961;
as added by Ord. 260, 3/11/1996, § 18-108; and amended by Ord. 2016-01, 3/14/2016]
1. The covering of sewer system manhole lids is prohibited in the Township
of Leet.
2. Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof, 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 30 days. Each
day that a violation of this Part continues shall constitute a separate
offense.
[Ord. 2016-06, 11/14/2016]
The purpose of this Part is to establish procedures for the
use and maintenance of holding tanks designed to receive and retain
sewage, whether from residential or commercial uses, and 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 municipality.
[Ord. 2016-06, 11/14/2016]
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this Part shall be as follows:
HOLDING TANK
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. Holding tanks include but are not limited
to the following:
B.
RETENTION TANKA holding tank where sewage is conveyed to it by a water-carrying system.
C.
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is not available.
IMPROVED PROPERTY
Any property within the municipality 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
sewage shall or may be discharged.
MUNICIPALITY
The Township of Leet, Allegheny County, Pennsylvania.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the municipality.
PERSON
Any individual, partnership, company, association, corporation
or other group or entity.
SEWAGE
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health or to animal or aquatic life or to the use of
water for domestic water supply or for recreation.
[Ord. 2016-06, 11/14/2016]
The municipality is hereby authorized and empowered to undertake
within its borders the control and methods of holding tank sewage
disposal and the collection and transportation thereof.
[Ord. 2016-06, 11/14/2016]
The municipality is hereby authorized and empowered to adopt
such rules and regulations concerning sewage which it may deem necessary
from time to time to effect the purposes herein.
[Ord. 2016-06, 11/14/2016]
All such rules and regulations adopted by the municipality shall
be in conformity with the provisions herein, all other ordinances
of the municipality and all applicable laws and applicable rules and
regulations of administrative agencies of the Commonwealth of Pennsylvania.
[Ord. 2016-06, 11/14/2016]
The municipality shall have the right and power to fix, alter,
charge and collect rates, assessments and other charges in the area
served by its facilities at reasonable and uniform rates as authorized
by applicable law.
[Ord. 2016-06, 11/14/2016]
The collection and transportation of all sewage from any improved
property utilizing a holding tank shall be done by a properly bonded
and approved hauling agency, and the disposal thereof shall be made
only at such site or sites as may be approved by the Department of
Environmental Resources of the Commonwealth of Pennsylvania.
[Ord. 2016-06, 11/14/2016]
1. The owner of an approved property that utilizes a holding tank shall:
A. Maintain the holding tank in conformance with this Part and all other
ordinances of this municipality, the provisions of any applicable
law and the rules and regulations of the municipality, and any administrative
agency of the Commonwealth of Pennsylvania.
B. Permit the municipality, or anyone acting under the permission or
direction of the municipality, to inspect holding tanks on an annual
basis.
C. Permit only a properly bonded and licensed hauling agency to collect,
transport, and dispose of the contents of a holding tank in a disposal
site approved by the Department of Environmental Protection of the
Commonwealth of Pennsylvania.
D. Deposit with the municipality the sum of $1,500. Said deposit shall
be used by the municipality to reimburse the municipality for all
costs incurred by the municipality in connection with inspections
of the holding tank and/or its design prior to its operation. In the
event the initial deposit is insufficient for the above-stated purposes,
the owner will, at the request of the municipality, deposit additional
funds to defray such additional costs and expenses. Any excess funds
shall be returned to the owner within 90 days from the receipt of
the certificate and plan which are to be provided to the municipality
pursuant to Subsection 1F below.
E. Secure from the Pennsylvania Department of Environmental Protection
all permits (hereinafter "DEP permits") necessary to construct and
operate the holding tank and to maintain such DEP permit in full force
and effect so long as the holding tank is used to receive sewage.
Until the owner obtains a DEP permit for the holding tank, no work
on the holding tank shall be conducted.
F. Supply the municipality with the following:
(1)
A certification from the installer that all work has been completed
in accordance with the plans and specifications approved by the Department
of Environmental Protection ("DEP");
(2)
A certification from the Allegheny County Health Department
and Township Engineer that the holding tank has been constructed in
accordance with all the requirements of the municipality; and
(3)
An "as-built" plan showing the final locations of all sewer
lines and the holding tank as actually constructed.
G. Construct the holding tank in accordance with rules, regulations
and requirements and specifications of the DEP and the municipality.
In the event the rules, regulations, requirements, and specifications
of the municipality concerning the operation, maintenance, and repair
of the holding tanks are different from those of the DEP, for the
same requirement, then the provisions more protective of public health,
safety and welfare shall be adhered to by the owner.
H. Permit the holding tank to only serve the improved property.
I. Be responsible for the proper operation, repair, replacement, and
maintenance of the holding tank as required by the DEP and the municipality,
and that such responsibility shall be a covenant attached to the improved
property.
J. Deposit with the municipality, prior to construction of the holding
tank, in a form acceptable to the municipality, financial security
in an amount equal to 110% of the cost of the holding tank. The purpose
of this security shall be to insure the installation of the holding
tank in accordance with the requirements of the municipality. For
the purposes of this subsection, the cost of the holding tank shall
include all costs of installation and construction of the sanitary
lines (if any), all costs of installation and construction of the
holding tank itself, all costs of installation and construction of
any lines deemed necessary by the municipality's Engineer for
future connection into the public sewer system, and all costs of installation
and construction of any other requirements which the municipality's
Engineer determines necessary.
In the event that the holding tank is not installed in accordance
with the provisions of this Part within 18 months after the aforementioned
deposit is made, then all financial security deposited with the municipality
shall be automatically forfeited to the municipality. The municipality
shall release or return the remaining amount of the owners' financial
security only after certification by the municipality's Engineer
that the holding tank has been properly installed.
K. Deposit with the municipality the estimated annual cost of operating
and maintaining the holding tank for a period of two years. Two years
from the date of deposit, the sum required under this subsection shall
be reduced to 10% of the cost of the installation and equipment, and
this 10% shall be maintained by the municipality for the life of the
holding tank. The balance of the deposit shall be refunded to the
owner when said holding tank is no longer in service.
L. Pay an annual maintenance fee, which sum shall be set each year by
the municipality. The fee for the first year shall be $100 and shall
be paid prior to the holding tank being utilized. In the event a fee
is not set in a given year, the fee shall remain the same as the fee
in the previous year. All fees paid pursuant to this subsection shall
be deposited into an interest-bearing account (the "account") in the
name of the municipality for use by the municipality should the owner
fail to properly operate, repair, replace, or maintain the holding
tank in accordance with the requirements of the DEP or the municipality.
If at any time the account contains an amount less than the
sum of the permit fee and annual permit maintenance fees then due,
the owner shall, within 30 days of notice to do so, deposit with the
municipality the amount necessary to eliminate such deficit. In the
event the owner connects the improved property to a public sewer such
that the holding tank is no longer necessary, all funds remaining
in the account, including any accrued interest, less any outstanding
amounts due to municipality, shall be refunded to the owner.
M. Not occupy structures served by the holding tank, or utilize the
holding tank, until such time as an occupancy permit is issued by
the municipality.
N. Permit the municipality the right to enter the improved property
at any time for the purpose of inspecting the work performed in connection
with the construction or operation of the holding tank, but the municipality
shall not have the duty or obligation to perform such inspections.
O. Notify the municipality seven days prior to the installation of the
holding tank, and such notice shall contain the date upon which installation
is to begin.
P. Construct the holding tank so as to facilitate connection into a
public sewer if it becomes available. Such connection shall be mandatory
within 60 days of such connection becoming available. If such connection
occurs, the owner shall abandon and properly dispose of the holding
tank, and funds held in the account shall be returned to the owner
less any expense incurred by the municipality for the administration
of the account or the operation, repair, replacement, or maintenance
of the holding tank.
Q. Remove the septate or other solids from the holding tank, as necessary,
through a properly bonded and licensed hauling agency for collection,
transport, and disposal of the septate or other solids in a disposal
site approved by the Department of Environmental Protection of the
Commonwealth of Pennsylvania. No overflows or spillage is permitted.
R. Execute and provide such instruments and documents as shall be reasonably
required to comply with and effectuate the provisions of this Part
and the requirements of regulatory authorities to which the holding
tank is subject.
S. Indemnify and hold harmless the municipality from any and all loss
or damage suffered by anyone arising from or related to the holding
tank caused by the negligence of the owner.
T. Notify any purchaser of the improved property of their obligations
hereunder.
[Ord. 2016-06, 11/14/2016]
Any person who violates any provisions of §
18-208 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not more than $600 and costs, and, in default of said fine and costs, to undergo imprisonment in the Allegheny County Prison for a period not in excess of 30 days.
[Ord. 2016-06, 11/14/2016]
1. In addition to any other remedies provided in this Part, any violation of §
18-208 above shall constitute a nuisance and may be abated by the municipality by either:
A. Seeking appropriate equitable or legal relief from a court of competent
jurisdiction; or
B. Assuming the operation, repair, replacement, and maintenance of the
holding tank, in which event the owner shall grant the necessary easements
for the municipality to do so and shall surrender/transfer all DEP
permits to the municipality.
2. Notwithstanding the foregoing, the municipality shall not have an obligation to abate any violation of §
18-208.