[Ord. No. 23, 4/29/1975, § 1]
The purpose of this subpart is to provide for the planning and regulation of community and individual sewage disposal systems consistent with applicable state statutes and regulations, including the Pennsylvania Sewage Facilities Act of January 24, 1966, P.L. 1535 (1965), as amended,[1] to require permits for the installation, change or alteration of such disposal systems, to provide for the inspection of such systems and to provide for remedies and prescribe penalties.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[Ord. No. 23, 4/29/1975, § 2]
The definitions set forth in the Pennsylvania Sewage Facilities Act of January 24, 1966, P.L. 1535 (1965), as amended, and as hereafter amended, are incorporated into this subpart and shall have the same meaning as set forth in said Act, as amended or hereafter amended.
[Ord. No. 23, 4/29/1975, § 3]
No person shall install, construct or request to bid proposals for construction or alter, change or modify an individual system or community sewage system, or construct or request bids for construction or install or occupy any building or structure for which an individual sewage system or a community sewage system is to be installed without first obtaining a permit indicating that the site and the plans and specifications of such system are in compliance with this subpart, the rules and regulations hereunder, the applicable state laws and regulation thereunder. A sewage permit shall be required in every instance where a person desires to install, construct, alter, modify or change an individual or community sewage system on any tract of land of any size or any location in Sugarloaf Township, Luzerne County, Pennsylvania.
[Ord. No. 23, 4/29/1975, § 4]
All permits for the construction, installation, alteration, modification or change of an individual sewage system or community sewage system shall be obtained from the Sugarloaf Township Sewage Enforcement Officer or such other person lawfully designated by the Township to issue the same and shall be subject to all the conditions that may be required by this subpart, the rules and regulations hereunder, the applicable state laws and regulations thereunder. The application form shall require such information as the Township shall deem necessary in accordance with the rules and regulations adopted in accordance with this subpart.
[Ord. No. 23, 4/29/1975, § 5]
No part of any installation, construction, alteration, modification or change of an individual or community sewage system shall be covered until it is inspected and given final written approval by the Township Sewage Enforcement Officer, or such other person lawfully designated by the Township to inspect the same. The applicant shall notify the Township when the sewage system is completed and ready for inspection. Applicant may cover the installation upon receipt of written approval or, in the absence of written approval or disapproval at the expiration of 96 hours, excepting Sundays and holidays from receipt of notice to inspect. The Township may inspect and make tests at any time either before, during or after construction, installation, alteration, modification or change of said sewage system and may by order require a sewage system to be uncovered at the expense of the applicant if the same has been covered contrary to the foregoing provisions.
[Ord. No. 23, 4/29/1975, § 6]
Upon receipt by applicant of a notice of denial or revocation of a permit, the applicant may request, in writing, a hearing before the Township, which shall hold a hearing within 15 days after receipt of such a request. At that time, the applicant may be represented by counsel and may present evidence as to why a permit should be issued or retained. No transcript of testimony shall be required, but the applicant shall be notified, in writing, within seven days after the hearing of the decision and the reasons therefor.
[Ord. No. 23, 4/29/1975, § 7]
Construction, installation, alteration, modification or change of individual sewage systems and community sewage systems and the maintenance of individual sewage systems and community sewage systems shall be in accordance with this subpart, the rules and regulations promulgated hereunder, the Pennsylvania Sewage Facilities Act, as amended,[1] the applicable standards, rules and regulations adopted in accordance with said Pennsylvania Sewage Facilities Act, as amended, and such other applicable laws and regulations.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[Ord. No. 23, 4/29/1975, § 8]
The Township shall designate a properly qualified Sewage Enforcement Officer or such other person properly qualified to receive applications for permits, issue permits, inspect installations and enforce the provisions of this subpart.
[Ord. No. 23, 4/29/1975, § 9]
The Township Supervisors shall, by resolution, fix the applicable application and inspection fees and any other fees and costs associated with this subpart and its enforcement and may change and modify the same from time to time.
[Ord. No. 23, 4/29/1975, § 10]
The Supervisors may adopt standards and regulations governing and regulating the subject matter of this subpart.
[Ord. No. 23, 4/29/1975, § 11; as amended by A.O.]
Any person, firm or corporation who shall violate any provision of this subpart, 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 subpart continues or each section of this subpart which shall be found to have been violated shall constitute a separate offense.
[Ord. No. 23, 4/29/1975, § 12]
In addition to any other remedies provided by this subpart, any violation of this subpart shall constitute a nuisance and may be abated by the Township by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
[Res. 13-1980, 12/11/1980, § 1]
Construction, installation, alteration, modification or change of individual sewage systems and community sewage system and maintenance and use of individual sewage systems and community sewage systems shall be in accordance with the Sugarloaf Township Sewage Facilities Ordinance, Ord. No. 23 (Subpart A of this Part), the rules and regulations promulgated thereunder, the Pennsylvania Sewage Facilities Act, as amended,[1] the standards, rules and regulations promulgated thereunder, and such other applicable laws and regulations, including the rules and regulations of the Authority with respect to delivery to the Authority of normal domestic sewage unadulterated by surface waters and other substances or materials deleterious to the Authority's sewer system.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[Res. 13-1980, 12/11/1980, § 2; as amended by Res. 5-1982, 6/8/1992, § 1; and by Res. 1-1997, 1/6/1997]
1. 
A connection and inspection fee of $225 is hereby established and imposed for each connection to the sewer system at the service lateral, which fee shall be payable at the time of inspection by the Township Sewage Enforcement Officer.
2. 
The Supervisors of the Township of Sugarloaf have set the tap-in fee for the Sugarloaf Township Division of the Conygham Borough Authority, center sewer, at $335, made payable to Sugarloaf Township Supervisors.
[Res. 1-1997]
[Res. 13-1980, 12/11/1980, § 3; as amended by Res. 4-1994, 1/11/1994; and by Res. 4-1995, 1/10/1995]
Sewer rentals and charges are hereby established and imposed upon the owner or user of each property served by the sewer system at the rate of $75 per quarter year per equivalent dwelling unit (EDU), calculated as heretofore pursuant to the Authority's classification system by the Township Engineer. The Township reserves the right, from time to time, to establish additional classifications and rates therefor, and to alter, modify, revise or amend existing classifications and rates applicable hereto. Owners and users shall cooperate with the Township in providing information necessary to determine classifications and rates hereunder.
[Res. 13-1980, 12/11/1980, § 4; as amended by A.O.]
Sewer rentals and charges imposed by this Subpart B shall be payable quarterly in advance and shall be due and payable upon presentation of a bill therefor. If sewer rentals and charges are not paid within 30 days after becoming due and payable, an additional sum of 5% shall be added to said net bill, which bill, plus such addition sum, shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of said thirty-day period shall constitute timely payment. If the end of said thirty-day period shall fall on a legal holiday or Sunday, payment made or mailed and postmarked on the next succeeding business day shall constitute timely payment. If the gross bill is not paid within 60 days after the date the sewer rentals and charges first become due and payable, the aggregated amount thereof shall thereafter bear interest at the rate of 1 1/2% per month or fraction thereof.
[Res. 13-1980, 12/11/1980, § 5]
Whenever service to any property shall begin after the first day or shall terminate before the last day of any quarterly billing period, or whenever the classification of any property shall change during any quarterly billing period, sewer rentals and charges for said permit shall be prorated equitably, if appropriate, for that portion of the quarterly billing period affected by the change in circumstances.
[Res. 13-1980, 12/11/1980, § 6]
The owner or user of each property served by the sewer system shall provide the Township with and thereafter keep the Township advised of his correct address. Failure of any person to receive quarterly bills for sewer rentals and charges shall not excuse nonpayment nor shall it result in an extension of the period of time during which the net bill shall be payable.
[Res. 13-1980, 12/11/1980, § 7]
Sewer rentals and charges imposed by this Subpart B shall be a lien on the property connected to and served by the sewer system. Any sewer rentals and charges which are not paid within 60 days after first becoming due and payable shall be filed as a lien against said property, which lien shall be filed in the office of the Prothonotary of Luzerne County, Pennsylvania, and shall be collected in the manner provided by law for the filing and collecting of municipal liens.
[Res. 13-1980, 12/11/1980, § 8]
The Township shall have the right of access at reasonable times to any part of any property served or proposed to be served by the sewer system as shall be required for purposes of inspection, observation, measurement, sampling and testing and for the performance of any other function relating to service rendered by the Township through the sewer system.
[Res. 10-1997, 8/26/1997]
Effective January 1, 1998, the owner of each improved property connect to any sewer district in Sugarloaf shall be responsible for sewer fees due to Sugarloaf Township. The owner of the improved property shall be responsible for all acts of tenants or other occupants of such improved property insofar as such acts shall be governed by this Subpart B.