[Adopted 12-19-2005 as
Ch. 32, Part 1, of the 2005 Code]
[Added 8-7-2017]
The purpose of this article is to regulate sewer and sewer disposal
as authorized under the Borough Code found at 8 Pa.C.S.A. Chapter
20.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this article shall be as
follows:
Wyalusing Municipal Authority, a Pennsylvania municipality
authority.
Any person vested with ownership, legal or equitable, sole
or partial of any property.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity.
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 and/or disposing of sanitary sewage and/or industrial
wastes, situate in this Borough and owned, maintained and operated
by the Authority.
A.
The owner of any property benefited, improved or accommodated by
the sewer system shall connect such property therewith, in such manner
as this Borough and the Authority may require, within 45 days after
notice to such owner from this Borough to make such connection, for
the purpose of discharge of all sanitary sewage and industrial wastes
from such property, subject to such limitations and restrictions as
shall be established by this Borough or the Authority from time to
time.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
All sanitary sewage and industrial wastes from any property, after connection of such property with a sewer as required under Subsection A, above, shall be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or as otherwise shall be established by this Borough and the Authority from time to time.
C.
No person shall place or deposit or permit to be placed or deposited upon public or private property within this Borough any sanitary sewage or industrial wastes in violation of Subsection A, above. No person shall discharge or permit to be discharged to any natural outlet within this Borough any sanitary sewage or industrial wastes in violation of Subsection A, above, except where suitable treatment has been provided which is satisfactory to this Borough.
D.
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 A, above, 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 this Borough, shall be cleansed and filled at the expense of the owner of such property and under the direction and supervision of this Borough; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by this Borough, 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 property.
E.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle
at any time shall be connected with a sewer.
F.
The notice by this Borough to make a connection to a sewer, referred to in Subsection A, above, shall consist of a copy of this article, including any amendments at the time in effect, and a written or printed document requiring such connection in accordance with the provisions of this article and specifying that such connection shall 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 wastes for treatment and disposal from the particular property. Such notice shall be served upon the owner either by personal service or by registered mail or by such other method as at the time may be provided by law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
No connection shall be made to the sewer system except in compliance
with the ordinances and rules and regulations of this Borough or such
rules and regulations as may be adopted by the Authority.
B.
If any person shall fail or refuse, upon receipt of a notice from
this Borough or the Authority, in writing, to remedy any unsatisfactory
conditions with respect to a Borough sewer, within 45 days of receipt
of such notice, this Borough or the Authority may refuse to permit
such person to discharge sanitary sewage and industrial wastes into
the sewer system until such unsatisfactory conditions shall have been
remedied to the satisfaction of this Borough and the Authority.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
This Borough reserves the right 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 and shall
be construed as a part of this article.
D.
If the owner of any property located in this Borough and benefited, improved or accommodated by the sewer system, after 45 days' notice from this Borough, in accordance with § 390-3A, shall fail to connect such property, as required, this Borough may make such connection and may collect from such owner the costs and expenses thereof. In such case, this Borough shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the owner of the property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such property to pay said bill, this Borough shall file a municipal lien for said construction within six months of the date of the completion of the construction of said connection, the same to be subject in all respects to the general law provided for the filing and recovery of municipal liens.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended 8-7-2017]
A.
Civil enforcement. Any person, firm or corporation who shall violate
any provision of this article shall, upon being found in violation
thereof, be subject to a civil penalty not to exceed $600 per violation
for each day of violation and for violation of each applicable section
of the article. If the penalty is not paid, the Borough shall initiate
a civil action for collection in accordance with the Pennsylvania
Rules of Civil Procedure.
B.
In addition, if found in violation, the violator shall be subject
to the assessment for court costs and reasonable attorneys' fees incurred
by the Borough in enforcement proceedings.
C.
The Council delegates the initial determination of the article violation
and service of notice of violation to the Code Enforcement Officer.
The Borough may enforce the article in equity in the Bradford County
Court of Commons.
It is declared that the enactment of this article is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of this Borough.
