Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
AUTHORITY
Pine Grove Borough Authority, a Pennsylvania municipality
authority.
BOROUGH
The Borough of Pine Grove, Schuylkill County, Pennsylvania,
a municipality of the Commonwealth of Pennsylvania, acting by and
through its Council or, in appropriate cases, acting by and through
its authorized representatives.
BUILDING SEWER
The extension from the sewage drainage system of any structure
to the lateral of a sewer.
IMPROVED PROPERTY
Any property within this Borough 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 sanitary
sewage and/or industrial wastes shall be or may be discharged.
INDUSTRIAL ESTABLISHMENT
Any room, group, of rooms, building or other enclosure used
or intended for use in the operation of one business enterprise for
manufacturing, processing, cleaning, laundering or assembling any
product, commodity or article or from which any process waste, as
distinct from sanitary sewage, shall be discharged.
INDUSTRIAL WASTES
Any and all wastes discharged from an industrial establishment,
other than sanitary sewage.
LATERAL
That part of the sewer system extending from a sewer to the
curbline or, if there shall be no curbline, to the property line or,
if no such lateral shall be provided, then "lateral" shall mean that
portion of, or place in a sewer which is provided for connection of
any building sewer.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in this Borough.
PERSON
Any individual, partnership, company, association, society,
trust, corporation or other group or entity.
SANITARY SEWAGE
Normal water-carried household and toilet wastes from any
improved property, including such groundwater, surface water or stormwater
as may be present.
SEWER
Any pipe or conduit constituting a part of the sewer system
used or usable for sewage collection purposes.
SEWER SYSTEM
All facilities, as of any particular time, for collecting,
pumping, transporting, treating and disposing of sanitary sewage and
industrial wastes, situate in or adjacent to this Borough and owned
by the Authority and leased to this Borough for operation and use.
STREET
Includes any street, road, lane, court, cul-de-sac, alley,
public way or public square.
The owner of any improved property benefited, improved or accommodated
by a sewer shall connect such improved property with such sewer, in
such manner as this Borough 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
improved property, subject to such limitations and restrictions as
shall be established herein or otherwise shall be established by this
Borough, from time to time.
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under §
145-2, shall be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by this Borough or the Authority, from time to time.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle
at any time shall be connected with a sewer.
The notice by this Borough to make a connection to a sewer, referred to in §
145-2, shall consist of a copy of this article, 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 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 improved property. Such notice shall be served upon the owner in accordance with law.
No person shall uncover, connect with, make any opening into
or use, alter or disturb, in any manner, any sewer or any part of
the sewer system without first obtaining a permit, in writing, from
this Borough.
Application for a permit required under §
145-8 shall be made by the owner of the improved property served or to be served, or his duly authorized agent.
No person shall make or cause to be made a connection of any
improved property with a sewer until such person shall have fulfilled
each of the following conditions:
A. Such person shall have notified the Secretary of this Borough of
the desire and intention to connect such improved property to a sewer.
B. Such person shall have applied for and obtained a permit as required by §
145-8.
C. Such person shall have given the Secretary of this Borough at least
24 hours' notice of the time when such connection will be made
so that this Borough may supervise and inspect the work of connection
and necessary testing.
D. Such person shall have furnished satisfactory evidence to the Secretary
of this Borough that any tapping fee charged and imposed by the Authority against the owner of each improved property who connects
such improved property to a sewer has been paid.
Except as otherwise provided in this section, each improved
property shall be connected separately and independently with a sewer
through a building sewer. Grouping of more than one improved property
on one building sewer shall not be permitted, except under special
circumstances and for good sanitary reasons or other good cause shown,
but then only after special permission of this Borough, in writing,
shall have been secured and subject to such rules, regulations and
conditions as may be prescribed by this Borough.
All costs and expenses of construction of a building sewer and
all costs and expenses of connection of a building sewer to a sewer
shall be borne by the owner of the improved property to be connected;
and such owner shall indemnify and save harmless this Borough and
the Authority from all loss or damage that may be occasioned, directly
or indirectly, as a result of construction of a building sewer or
of connection of a building sewer to a sewer.
If the owner of any improved property benefited, improved or accommodated by a sewer, after 45 days' notice from this Borough requiring the connection of such improved property with a sewer, in accordance with §
145-2, shall fail to connect such improved property, as required, this Borough may make such connection and may collect from such owner the costs and expenses thereof by a municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law.
Where an improved property, at the time connection to a sewer
is required, shall be served by its own sewage disposal system or
device, the existing house sewer line shall be broken on the structure
side of such sewage disposal system or device and attachment shall
be made, with proper fittings, to continue such house sewer line,
as a building sewer.
No building sewer shall be covered until it has been inspected
and approved by this Borough. If any part of a building sewer 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 sewer.
Every building sewer of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
Every excavation for a building sewer shall be guarded adequately
with barricades and lights to protect all persons from damage and
injury. Streets, sidewalks and other public property disturbed in
the course of installation of a building sewer shall be restored,
at the cost and expense of the owner of the improved property being
connected, in a manner satisfactory to this Borough.
If any person shall fail or refuse, upon receipt of a notice
of this Borough or the Authority, in writing, to remedy any unsatisfactory condition with
respect to a building sewer, within 45 days of receipt of such notice,
this Borough may refuse to permit such person to discharge sewage
and industrial wastes into the sewer system until such unsatisfactory
condition shall have been remedied to the satisfaction of this Borough.
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 part of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Violations of this article shall be punishable for each offense
by a fine of not less than $25 nor more than $1,000, plus costs of
prosecution, and, in default of payment of such fine and costs, by
imprisonment for not more than 30 days. Each day that a violation
shall continue shall be deemed and shall be taken to be a separate
offense and shall be punishable as such.
Fines and costs imposed under provisions of this article shall
be enforceable and recoverable in the manner at the time provided
by applicable law.
It is declared that enactment of this article is necessary for
the protection, benefit and preservation of the health, safety and
welfare of inhabitants of this Borough.