[HISTORY: Adopted by the Board of Supervisors of the Township
of Harborcreek as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-22-1990 by Ord. No. 90-139]
The purpose of this article is to establish procedures for the
use and maintenance of existing and new holding tanks designed to
receive and retain sewage, whether from residential or commercial
uses, and it is hereby declared that the enactment of this article
is necessary for the protection, benefit and preservation of the health,
safety and welfare of the residents of Harborcreek Township. It should
be further stated that the use of holding tanks shall be considered
to be a temporary measure taken for the disposal of sewage when, at
the time of application, alternate methods for sewage disposal are
not feasible.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage conveyed by a water carrying system
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site.
Any property within the Township 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.
The Township of Harborcreek, Erie County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any individual, partnership, company, association, corporation
or other group or entity.
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.
The municipality is hereby authorized and empowered to undertake
within the Township the control and methods of holding tank use, sewage
disposal and sewage collection and transportation thereof.
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 and which rules and
regulations may be adopted by the Board of Supervisors by resolution
or resolutions duly adopted by the Board at any public meeting of
the Board of Supervisors.
All such rules and regulations adopted by the municipality shall
be in conformity with the provisions herein, all other ordinances
of the Township, and all applicable laws, and applicable rules and
regulations of administrative agencies of the Commonwealth of Pennsylvania.
Any application for a sewage holding tank shall be accompanied
by a nonrefundable application and review fee of $100 made payable
to Harborcreek Township, and each year thereafter the owner of lands
in which a sewage holding tank is located shall pay to Harborcreek
Township an annual inspection fee of $100 for each sewage holding
tank on the owner's property in order to reimburse Harborcreek Township
its costs for the annual holding tank inspections required of Harborcreek
Township. The fees established hereunder may from time to time hereafter
be reviewed by the Board of Supervisors and, where appropriate, be
changed by resolution of the Board of Supervisors duly adopted at
a regularly scheduled public meeting of the Board of Supervisors of
Harborcreek Township. No approvals hereunder shall be granted by the
Township until all fees under this article have been paid to Harborcreek
Township and the owner or tenant has been issued an on-lot sewage
disposal permit by the County of Erie Department of Health. 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.
Prior to any installation or operation of a sewage holding tank
by an owner or tenant of improved property, it shall also be necessary
for the owner or tenant to apply for and secure from the County of
Erie Department of Health an on-lot sewage disposal permit.
A.
The collection
and transportation of all sewage from any improved property utilizing
a holding tank shall be done solely by or under the direction and
control of the municipality and the disposal thereof shall be made
only at such site or sites as may be approved by the Department of
Environmental Protection of the Commonwealth of Pennsylvania.
B.
The municipality
will receive, review and retain pumping receipts from permitted holding
tanks. Pumping receipts shall be submitted to the Township within
10 calendar days of the date of the pumping.
C.
The municipality
will complete and retain annual inspection reports for each permitted
tank.
The owner of an improved property that utilizes a holding tank
shall:
A.
Maintain
the holding tank in conformance with this or any ordinance of the
Township, 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
only the municipality or its agent to inspect holding tanks on an
annual basis.
C.
Permit
only the municipality or its agent to collect, transport, and dispose
of the contents therein. The municipality must approve the contractor
who collects, transports and disposes of the sewage.
D.
First secure
the required Harborcreek Township and County of Erie Department of
Health permit before installing, operating, maintaining or altering
a holding tank under this article.
Any person who violates any provisions of § 360-8 of this article shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $100 and not more than $300, and in default of said fine and costs to undergo imprisonment in the County Prison for a period not in excess of 30 days.
In addition to any other remedies provided in this article, any violation of § 360-8 of this article shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction. Any and all actions taken by the municipality to abate the nuisance shall be done at the cost of the owner.
All ordinances and parts of ordinances in conflict herewith
are hereby repealed, as is Harborcreek Township Ordinance No. 90-133.
If any provision, sentence, clause, section or part of this
article is for any reason found to be unconstitutional, illegal or
invalid, such unconstitutionality, illegality or invalidity shall
not affect or impair any of the remaining provisions, sentences, clauses,
sections or parts of this article. It is hereby declared as the intent
of the Board of Supervisors of Harborcreek Township that this article
would have been adopted had such unconstitutional, illegal or invalid
provision, sentence, clause, section or part thereof not been included
therein.
This article shall become effective upon its adoption.
[Adopted 3-16-2011 by Ord. No. 2011-203]
Words used in this article for which definitions are not established
shall be given their usual customary meaning. Terms defined in other
ordinances of the Township shall be defined in accordance with said
definitions. Unless the context specifically indicates otherwise,
the meaning of the following terms when used in this article shall
be set forth below:
The owner of the property or, where applicable, the lessee
of the property accorded authority under a lease to apply for a permit
which pertains to the sanitary sewer system.
The Harborcreek Township Sewer Authority.
The professional engineer employed by the Authority, his
or her assistant or designee, or any consulting engineer retained
by the Authority.
Of a corporation, the president, secretary, treasurer or vice
president or other person submitting written confirmation of authority
to perform the act for and on behalf of the corporation.
Of a partnership or limited partnership, a general partner.
Of an individual, the individual or other person submitting
a written confirmation of authority to perform the act for and on
behalf of said individual, so long as the owner remains ultimately
liable for performance.
Of a federal, state or local governmental entity, a director
or highest official appointed or designated to oversee the operation
and performance of the activities of the entity or their designee.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration (e.g., milligrams
per liter).
That collection of pipes, cleanouts, small diameter pressure
sewers, curb boxes and related appurtenances which transport sewage
from a premises on private property to the public sanitary sewer main.
The term includes building laterals and building drains and the term
"service connection."
Extends to the installation, alteration, modification or
termination/disconnection of an existing service connection to the
sanitary sewer system, unless expressly provided otherwise in this
article. This term refers to the act of effecting or altering a service
connection to the sanitary sewer system.
Solid waste from the preparation of cooking, dispensing of
food and/or from the handling, storage and sale of produce.
A mechanism that shreds and pressurizes sewage, consisting
of motor, pump and shredder as well as housing, wiring and alarms,
and usually considered a part of the building sewer.
Shall be construed to mean any liquid, gaseous, radioactive,
solid or other substance, not ordinary waste or sewage but including
discharges from pretreatment facilities, resulting from any manufacturer
or industry or from any establishment including those recovering or
processing natural resources, and shall include all such substances
whether or not generally characterized as waste.
Any outlet into a watercourse, ditch, pond, lake or other
body of surface water or groundwater.
The person, firm, corporation, partnership, association or
other entity having an interest as owner, whether legal or equitable,
sole or partial, in any premises which is or may be furnished public
sanitary sewerage service.
Any individual, partnership, firm, company, corporation,
association, joint-stock company, trust, limited-liability company,
estate, governmental entity or other legal entity or their legal representatives,
agents or assigns.
All or any portion of a sewerage system not owned by the
Authority and/or the Township.
Any well owned by any person for his, her or its private
use in providing water for any purpose whatsoever.
Garbage which has been shredded to such a degree that all
particles will be carried freely under the flow conditions normally
prevailing in public sewers with no particle greater than 1/2 inch
in any dimension.
All sanitary sewers, pumping stations, sewerage treatment
works, pressure systems and other facilities owned or operated by
the Authority for the collection, conveyance and treatment of sanitary
sewage and industrial waste along with their appurtenances and any
additions, extensions or improvements that may be made by the Authority
and/or its agents or representatives.
Includes books, documents, papers, apparatus, data, readings,
records of analysis, graphs, plans, investigative reports and ledgers.
A sewer which carries sewage and/or industrial wastes and
to which stormwater, surface water and groundwater are not intentionally
or lawfully admitted.
Includes the pipe, cleanout, small diameter pressure sewer
and related appurtenances that transport sewage, normally from a single
premises, from the edge of the public right-of-way and/or easement
to and including the attaching connection at the sanitary sewer main.
Any combination of water-carried wastes from residences,
buildings, industrial establishments, commercial establishments, institutions,
manufacturing plants, processing plants or other places in which such
wastes are produced, together with such groundwater, surface water,
stormwater or other water as may be present. This includes but is
not limited to human waste and gray water (dish washing operations,
household showers, clothes washing machines and slop sinks, etc.).
Includes all devices, facilities and/or structures used for
treatment of sewage and/or industrial wastes.
All facilities for collecting, pumping, transporting, treating
and disposal of sewage and industrial wastes.
A pipe or conduit for carrying sewage.
When used in this article, means a mandatory obligation.
The procedure prescribed in the latest edition of Standard
Methods for the Examination of Water and Wastewater.
Includes any sewer or conveyance which carries stormwater,
surface water, drainage and some industrial water discharges (such
as cooling and air-conditioning waters), but excludes sewage and polluted
industrial waters.
Includes any flow occurring during or following any form
of natural precipitation and resulting from such precipitation, including
snow melt. The term shall include but not be limited to flows from
sump discharges, detention or retention facilities, downspouts, roof,
and other drains and other conveyance facilities.
Solids which either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering in accordance with standard laboratory procedure.
Harborcreek Township.
The professional engineer employed by the Township, his or
her assistant or designee, or any consulting engineer retained by
the Township.
[Amended 7-6-2011 by Ord.
No. 2011-203-1]
A.
The owner of each and every house, building or structure located
in Harborcreek Township which is used for human occupancy, employment,
recreation or other purpose and abuts on any street, highway, easement
or right-of-way in which there has been constructed a sanitary sewer
shall, at the owner's sole expense, install suitable sanitary
sewer facilities therein and connect such facilities and industrial
waste outlets directly with the public sanitary sewer system in accordance
with the provisions of this article and with the rules and regulations
adopted by the Authority governing use and operation of the sanitary
sewer system within 60 days after the date of official notice to do
so given in the manner provided by law. Notwithstanding the foregoing,
if a house, building or other structure described above shall be located
more than 150 feet from the public sanitary sewer, the owner thereof
shall not be required to connect to said system as outlined above.
If any portion of said house, building or structure lies within 150
feet of said sanitary sewer line, connection must be made in accord
with this section.
B.
The owner of any property upon which a new, altered or reconstructed
building is constructed on or after enactment of this article shall
not occupy or cause or allow to be occupied such building until such
time as the building's sanitary facilities and any industrial
waste outlets are properly connected to the public sanitary sewer
system.
In lieu of introducing untreated or partially treated industrial
wastes and polluted waters into the public sanitary sewer system,
the owner of premises producing such wastes, upon receiving and complying
with all applicable permits and regulations of the Township, the Pennsylvania
Department of Environmental Protection, the United States Environmental
Protection Agency and/or the Erie County Health Department, may, at
the owner's sole cost and expense, construct and operate private
waste treatment facilities, with the effluent discharged to a natural
outlet. The Township and/or the Authority may refuse to allow an on-lot
system where it does not meet the rules and regulations. Authorized
private waste treatment facilities shall be maintained and operated
at all times in a satisfactory and effective manner and in accordance
with all regulations.
A.
Permits required. No connection or other work to the public or private
sanitary sewer system shall be effected, repaired, altered, modified
or disconnected unless the owner of the subject premises shall first
apply for and obtain a permit. "Connection" and "disconnection" as
used in this section shall include all connections and discharges
to the sanitary sewer system, including but not limited to sewer drains
and lateral connections.
B.
Application for permit. Each owner of any premises as set forth in §§ 360-16 and 360-18A shall make application in writing to the Authority for a permit to make, alter, repair or terminate a connection to the public or private sanitary sewer. Such application shall be made to the Authority on such forms as are adopted by rules and regulations approved by the Authority.
C.
Application to be signed. Such application shall be signed by the
owner(s) unless the owner(s) shall provide to the Authority written
authorization allowing another person to make application on the owner's
behalf and acknowledging that responsibility for compliance with this
article and any permit issued hereunder rests with owner(s). (Note:
The Authority often issues permits to the builder or plumber.)
D.
Content of application. In addition to other requirements as established
by rules and regulations governing the sewer system, such application
shall set forth:
(1)
The name and mailing address of the property owner(s);
(2)
The address of the property subject to the permit application;
(3)
A description of the lot subject to the application, including the
subdivision, if any, and the lot's assigned number in said subdivision;
(4)
The Erie County or Harborcreek Township index number assigned to
the property;
(5)
The street where connection is to be made, altered or disconnected
to or from the sewer system;
(6)
The name and address of the contractor who shall perform the sewer
work;
(7)
The intended use of the property upon connection (i.e., one-family,
two-family or multifamily residential, commercial, industrial).
E.
Financial security required. For work in a Township road, no permit
shall be issued without the applicant(s) first executing and tendering
financial security in favor of Harborcreek Township in an amount fixed
and on forms approved and adopted by rules and regulations approved
by resolution of the Township. Said financial security shall serve
as security for the proper performance of work subject to the requested
permit in full compliance with this article and rules and regulations
governing the sewer system and for repairs to streets and/or sanitary
sewer facilities deemed by the Township or Authority to be necessary
or appropriate as a consequence of said work.
F.
Permit, tapping and other fees.
(1)
Each applicant for a permit shall, upon submission of a permit application,
pay in full all filing, review, inspection, tapping and other fees
as are established therefor by rules and regulations governing the
sanitary sewer system as approved by the Authority.
(2)
Any developer's agreement or private service agreements required
or administered by the Authority or the Township in connection with
such application must be concluded prior to issuance of a permit.
Any sums due as tapping fees or as reimbursements to a developer who
constructed mains to which connection is requested shall be paid in
full prior to issuance of a permit.
G.
Issuance or denial of permit.
(1)
No permit to connect to the sanitary sewer system shall be issued
until and unless there has been constructed within the adjacent street,
highway, easement or right-of-way public sanitary sewer facilities
to which such connection can be effected, unless the Authority should
otherwise determine and subject to such conditions as the Sewer Authority
Board shall then impose.
(2)
No permit to connect to the sanitary sewer system (this including
alteration or disconnection of existing connections) shall be issued
unless all requirements of this article and of rules and regulations
governing the sanitary sewer system have been fully complied with.
(3)
If an application for permit is denied, the Authority shall in writing
state the reason(s) for denial.
H.
Legal effect of permit. A permit issued to authorize a connection
shall authorize work as applied for and approved and shall be valid
for one year from the date the permit is issued. Permits shall expire
one year after the date of their issuance unless the applicant, prior
to the expiration date, shall have requested an extension and the
Authority, for good cause shown, shall in writing have approved an
extension.
A.
All connections made to any public sanitary sewer of the Harborcreek
Township Sewer Authority shall be constructed in compliance with this
article, the standard rules and regulations adopted by the Authority
governing the making of connections to the public sanitary sewer,
all applicable building and construction codes, as well as the permit
as issued.
B.
No work may be done to a building sewer, service connection, public
sewer main or a private sewer system without a permit therefor first
being issued. All such work shall be done in conformity with regulations
governing the public sewer system and shall be available for inspection
prior to completion of the work.
C.
The Authority is authorized to establish regulations governing connections
to the public sewer system, including those in municipalities which
are tributary to the system, as deemed necessary or appropriate to
comply with the adopted sewage facilities plan, any order or agreement
and/or any law or regulation then in force which imposes limitations
or other requirements on connections to the public sewer system or
upon allowed capacity of flows.
D.
Grease, oil and sand interceptors shall be provided for outlets connected
with the public sanitary sewers when, in the opinion of the Authority,
they are necessary for the proper handling of liquid wastes containing
grease in excessive amounts, subject to the following regulations:
(1)
Interceptors are required for private living quarters or dwelling
units when required by applicable codes.
(2)
Grease and oil interceptors shall be constructed of impervious materials
capable of withstanding abrupt and extreme changes in temperature
and shall be of substantial construction, watertight and equipped
with easily removable covers which, when secured, shall be gastight
and watertight.
(3)
All interceptors shall be of a type and capacity approved by the
Authority and shall be located so as to be readily and easily accessible
for cleaning and inspection.
(4)
All grease, oil and sand interceptors, where required, shall be installed
and maintained at the owner's sole cost and expense. Such units
shall be operated and maintained so that they shall be continuously
efficient and shall be cleaned and repaired as required to maintain
such efficient system.
A.
In the event the owner of any property required to connect to the public sanitary sewer system shall fail, refuse or neglect to connect with the sewer system prior to occupancy or within the sixty-day period specified in § 360-16A, the Authority, by its authorized employees, agents, contractors or designees, may enter upon such property and construct such connection.
B.
Such connection may be effected by the Authority at its election
at any time following expiration of the sixty-day period or unlawful
commencement of occupancy without further notice to the owner being
required.
C.
Should the Authority effect and construct a connection pursuant to
this section, it shall, upon completion of the work, send an itemized
invoice for the cost of construction of such connection to the owner
of the property upon which such connection has been made, which invoice
shall be payable forthwith. Such invoice shall constitute a claim
and assessment as defined in the General Municipal Law, 53 P.S. § 7106
et seq., as the same may be amended, and shall constitute a municipal
claim from the date of the invoice.
D.
Interest shall accrue on sums not paid within 30 days after the date
of the invoice at the rate of 10% per year from the invoice date.
E.
In case of failure, neglect or refusal by the owner of the property
to pay such invoice in full, the Authority shall cause to be filed
a municipal lien for the costs of said construction, together with
interest and costs, within six months after the date of completion
of the connection, such lien to be subject in all respects to the
general law provided for the filing and recovery of municipal liens
and claims.
A.
No contractor shall perform work related to or involving connection
or other work to the Harborcreek Township sanitary sewer system unless
he or she is listed as an approved contractor by the Harborcreek Township
Sewer Authority.
B.
Upon request, plumbers and contractors may submit to the Authority
Manager a written request to perform work on the sewer system. The
request must be accompanied by a list of projects of a similar nature
that the individual has performed satisfactorily. Upon approval of
the Harborcreek Township Sewer Authority Board, the plumber or contractor
may be added to the list of approved plumbers and contractors.
C.
The Authority Manager may approve a request from a plumber, contractor
or homeowner to perform work on the sewer system on a one-time only
basis. Work on additional properties needs to be approved by the Board
as described above.
D.
The Authority, for good cause shown and pursuant to rules and regulations
governing the sewer system, shall have authority to refuse to issue
a permit for a connection or other work to the sanitary sewer system
where the contractor designated by the applicant for performing said
work is not an approved contractor or has had his/her privileges suspended
by the Authority as provided for herein.
A.
Approval by the Authority and/or the Township of a sewage planning
module under Act 537 of the Commonwealth of Pennsylvania[1] shall generally constitute only approval and acknowledgement
that the public sanitary sewer system as to be improved and/or extended
under such application can accommodate the proposed development and
use. Approval of an Act 537 planning module application shall not
constitute a contract authorizing new connections.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
B.
All new connections pursuant to an approved Act 537 planning module
shall be subject to regulation by the Authority and/or the Township,
which may impose limitations on timing of new connections if determined
to be necessary to comply with existing agreements or orders or to
ensure proper operation of the system.
C.
If the Authority and/or the Township are obligated under order or
agreement to limit the number of new connections to or capacity of
flows of the public sewer system or if it is determined that new connections
must be limited to ensure proper operation of the system, the Township
and/or Authority shall enact such regulations as are then required.
A.
This article is not intended to amend or repeal the Industrial Waste
Ordinance, Ordinance No. 94-156 as amended by Ordinance Nos. 94-156-1,
94-156-2, 94-156-3 and 94-156-4.[1]
B.
The admission into the public sewer system of any polluted waters or industrial wastes containing any quantity of substances having the characteristics described in § 360-28F of this article or those described in the Industrial Waste Ordinance as being subject thereto shall be subject to the provisions of the Industrial Waste Ordinance.
C.
When required by the Authority, the owner of any property served
by a building sewer carrying industrial wastes discharging into the
sewer system shall install a suitable control manhole in the building
sewer to facilitate observation, sampling and measurement of the wastes.
Such manhole, when required, shall be accessibly and safely located,
and shall be constructed at the owner's sole expense in accordance
with plans approved by the Authority, and shall be maintained by the
owner so as to be safe and accessible at all times.
D.
Every person and establishment other than residences which discharge
industrial and sanitary wastes into the public sewer system or into
any sewer connected therewith shall file forthwith a report in accordance
with the Harborcreek Township Industrial Waste Ordinance.
E.
Every person discharging industrial waste mixture into the public
sewer system or into sewers connected thereto shall keep and maintain
records of the data required to be furnished in the questionnaire
as defined above and in the Industrial Waste Ordinance, and such records
shall be available for inspection during regular business hours by
authorized employees or representatives of the Township or the Authority
upon their presentation of written credentials of their authority,
and such employees or representatives shall be permitted to make and
retain copies of such records.
F.
Discharge or introduction of non-domestic pollutants from any source
into the public sewer system shall be in accordance with the Industrial
Waste Ordinance.
Where preliminary treatment facilities are provided for any
waters or wastes, such preliminary facilities shall be maintained
continuously in satisfactory and effective operation by the owner
at the owner's sole expense.
A.
The Authority shall be responsible for inspections, repairs to, maintenance
of and reconstruction of the public sanitary sewer mains.
B.
The owner of a property connected to the public sanitary sewer main
shall be responsible for inspections, repairs to, maintenance of and
reconstruction of the building or private sewer from the sanitary
sewer main to the building and all appurtenances of the building or
private sewer system.
C.
In its sole discretion and when it is determined that the same is
necessary or appropriate, the Authority shall replace existing service
connections attaching to the public sewer main.
A.
The Authority may conduct such investigations and tests as are necessary
to enforce this article, and employees of the Authority, or its agents,
may enter upon any property for the purpose of taking samples, obtaining
information or conducting surveys or investigations relating to such
enforcement. Inspections are authorized for any purpose related to
proper enforcement and administration of this article, including but
not limited to ensuring proper connections and identifying and disconnecting
unauthorized or unlawful connections. Policies and procedures pertaining
to investigations, tests and surveys shall be as established by the
Authority in its rules and regulations governing the sewer system.
B.
Enforcement of provisions of this article regarding wastes which
will interfere with operation of the Erie Wastewater Treatment Plant
shall be by the Township or its designated agents, which shall include
the Authority.
C.
Limitations on the quality and/or quantity of wastewater discharge
in this article may be supplemented with more stringent limitations
if:
(1)
The Authority determines that those limitations may not be sufficient
to protect the operation of the sanitary sewer system or treatment
works; or
(2)
The Authority determines that the limitations are not sufficient
to enable the treatment works to comply with water quality standards
or effluent limitations specified in permits of the National Pollutant
Discharge Elimination System (NPDES) or the Pennsylvania Department
of Environmental Protection.
A.
The Authority is authorized to establish rules and regulations governing
the sanitary sewer system and to adopt regulations and forms for use
in implementing and administering this article. Such rules, regulations
and forms shall be as approved by the Authority Board of Directors
and may be amended from time to time as is deemed appropriate.
B.
The Authority is authorized to establish and amend fees and other
charges for permits, licenses, tapping privileges, reviews, inspections,
certifications and other matters subject to this article and amounts
of bonds required by this article and/or related to proper operation
of the sewer system.
C.
Permits, licenses and certifications authorized in this article shall
be received, reviewed, issued, suspended or revoked by the Manger
of the Authority or his or her designee.
D.
The Manager of the Authority and other employees or agents authorized
by the Authority, bearing proper credentials and identification, shall
be permitted to enter upon all properties in Harborcreek Township
for the purpose of inspection, observation, measurement, sampling,
testing and/or review, inspection and copying of records, in accordance
with the provisions of this chapter's and rules and regulations governing
the sewer system.
E.
The Manager of the Authority is vested with authority to issue enforcement
notices and commence actions for enforcement of this article.
F.
Upon written request by the property owner, prospective purchaser
or agent or contractor of either, the Authority may inspect a property
for the purpose of determining whether its connection(s) to the sanitary
sewer system is or are in accordance with this article and rules and
regulations governing the sewer system. Fees for such requests and
certifications, and forms to be used therefor shall be as established
by rules and regulations governing the sewer system.
It shall be unlawful and a violation of this article for any
person, directly or indirectly, to do or cause or allow to be done
any of the following:
A.
The placement or deposit of sewage, municipal waste or other objectionable
wastes upon any public or private property within Harborcreek Township
or in any area under the jurisdiction of Harborcreek Township.
B.
The discharge of sewage into any natural outlet within Harborcreek
Township.
C.
The discharge of industrial wastes or other polluted water into any
natural outlet within Harborcreek Township, unless the person doing
so is operating with the prior approval of or under a permit issued
by the U.S. Environmental Protection Agency or the Pennsylvania Department
of Environmental Protection.
D.
The construction or maintenance of any privy, privy vault or cesspool,
other than an on-lot sewage system approved by the Township and constructed
in accordance with current regulations of the Erie County Department
of Health and/or the Pennsylvania Department of Environmental Protection.
E.
The discharge of any stormwater, surface drainage, ground drainage,
roof runoff, subsurface drainage or unpolluted industrial process
waters into any public sanitary sewer:
(1)
Stormwater and all other unpolluted drainage shall be discharged
into such sewers as are specifically designated as storm sewers, if
available, or to a natural outlet approved by the Township.
(2)
Unpolluted process waters shall be discharged into a storm sewer
approved by the Township or, with prior approval of the Township,
into a natural outlet if such storm sewer or outlet is not available.
F.
Discharge of any of the following described waters or wastes into
any public sanitary sewer:
(1)
Any liquid or vapor having a temperature higher than 150° F.;
or
(2)
Any gasoline, benzene, naptha, fuel oil or other flammable or explosive
liquid, solid or gas; or
(3)
Any garbage that has not been properly shredded; or
(4)
Any ashes, sand, cinders, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, paunch manure or any other solid or
viscous substance not meeting the definition of properly shredded
garbage and/or which is capable of obstruction to the flow in sewers
or other interference with the proper operation of the sewage works;
or
(5)
Any waters or wastes containing a toxic or poisonous substance in
sufficient quantity to injure or interfere with any sewage treatment
process, constitute a hazard to humans or animals or create any hazard
in the receiving waters of the sewage treatment plant; or
(6)
Any waters or wastes containing suspended solids of such character
and quantity that unusual attention or expense is required to handle
such materials at Authority pump stations or at the sewage treatment
plant; or
(7)
Any noxious or malodorous gas or substance capable of creating a
public nuisance; or
G.
Construction or effectuation by any owner(s) themselves or by or
through their contractors, agents or assigns, of a connection, alteration
to or termination of a connection to the sanitary sewer system in
a manner contrary to or not in strict compliance with the terms of
an approved permit.
H.
Construction or effectuation by any owner(s) themselves or by or
through their contractors, agents or assigns, of a connection, alteration
to or termination of a connection to the sanitary sewer system in
any manner contrary to or not in strict compliance with the terms
of this article or rules and regulations governing the sewer system.
I.
Performance of any work involving connections to the Harborcreek
Township sewer system by a person not approved by the Harborcreek
Township Sewer Authority or who has been suspended from performing
said work by the Authority per the terms of this article or rules
and regulations adopted by the Authority.
J.
Failure or refusal to connect to the public sewer system within the
time authorized by an issued permit or any extension of time allowed
after good cause shown.
K.
Failure or refusal to connect to the public sewer system prior to
commencement of occupancy of a building constructed, altered or reconstructed
under a building permit issued on or after the effective date of this
article.
L.
Failure or refusal to connect to the public sewer system within 60
days after the date of the Township's notice to connect or within
any extension of time allowed after good cause shown.
M.
Failure or refusal to effect repairs or take other prescribed remedial
action to a connection effected to the sewer system within the time
period specified in writing by a directive from the Township or the
Authority.
N.
Failure or refusal to disconnect an unlawful or improper connection
to the sanitary sewer system within the time period specified in writing
by a directive from the Township or the Authority.
O.
The negligent, willful, malicious or reckless breaking, damage, destruction,
uncovering, defacement or tampering of or with any structure, appurtenance
or equipment which is a part of the public sanitary sewer system or
sewage works.
P.
Violation of any provision of this article concerning regulation
of discharge of industrial wastes.
Q.
Failure or refusal to allow the Township or the Authority access
to a premises or to records required under this article or by rules
and regulations governing the sewer system.
B.
In the event a person does not comply in timely fashion with an enforcement
notice directing cessation of a violation or remedial action to comply
with this article or with rules and regulations governing the sanitary
sewer system, civil fines are prescribed in the sum of $600 for each
individual violation of this article and for each day a violation
continues, effective on the date following that established in the
enforcement notice for completion of action to remedy the violation.
As to prohibited discharges:
(1)
Each day of a prohibited discharge shall constitute a separate violation
and shall subject the violator to the administrative or civil fine
prescribed in this section for each day of a continuous prohibited
discharge.
(2)
If a prohibited discharge is intermittent, each occurrence shall
be considered a separate violation.
C.
In the event a person does not comply in timely fashion with an enforcement notice by the date therein established for payment, Harborcreek Township Sewer Authority may institute a civil action for enforcement and, upon conviction, the defendant shall pay fines for each separate violation and each day a violation occurs in the sum prescribed in § 360-30B.
D.
Harborcreek Township Sewer Authority shall be entitled to recover, in any administrative or civil action for enforcement of this article and/or action to collect fines for violation, all expenses, losses and damage occasioned by the violation(s), together with filing and other litigation costs and all attorneys' fees incurred by the Authority in enforcement and collection proceedings, in accordance with Chapter 294, Municipal Claims and Liens.
E.
In the event the owner or other responsible party for a premises
served by the public sanitary sewer system fails or refuses to allow
representatives of the Authority access to the property to conduct
inspection after prior request, then the Authority shall be authorized
to conduct the inspection from the public sewer mains, if possible.
Additional costs for personnel and equipment arising from such inspection
from the main shall be invoiced to the property owner and, if not
paid within 30 days after the invoice date, shall constitute additional
sewer rental to be imposed against the property.
A.
When the Authority determines that a violation of this article, rules
and regulations governing the sewer system or of any permit or any
damage to the public sanitary sewer system is threatened or has occurred,
the Authority may take one or more of the following actions, at its
election:
(1)
Issue an order to cease and desist any such violation and direct
the violator(s) to comply with this article and/or notice forthwith
or in a time schedule established by the Authority or to take appropriate
remedial preventive action in the event of a threatened violation.
(2)
Require the person to submit a detailed time schedule setting forth
the specific proposed actions to prevent or correct a violation, in
which event the Authority may issue an implementation schedule to
the person containing or modifying such specific actions and time
schedule or requiring other actions by such date as the Authority
deems appropriate.
(3)
Issue an administrative enforcement notice directing the person to
cease or correct a violation by a date established in such notice.
(4)
Report to any governmental entity or agency having issued a permit
a violation thereof and request enforcement by such entity or agency.
(5)
Prohibiting an approved plumber from performing work affecting the
public sewer system in Harborcreek Township.
(6)
Prohibit an unlicensed contractor from performing work affecting
the public sewer system or being eligible for a license for up to
one year.
(7)
Disconnect from the public sewer system and/or sewage works the building or property of any person violating the discharge provisions of this article and/or effect a connection to the public sewer system and/or effect correction of an existing connection to the public sewer system if the owner fails to do the same within the time specified in an enforcement notice; all costs incurred in effecting such disconnection, connection and/or correction of a connection to be collected from the owner as a municipal claim (at the discretion of the Authority, by assessment of said costs as sewer rental or as a separate municipal claim) or in a civil action in the manner provided in § 360-20 and the general municipal law.
(8)
Issue enforcement notices citing violation of this article or of
rules and regulations governing the sewer system.
(9)
Commence and prosecute actions for enforcement of this article and/or
collection of fines, costs, damages and attorneys' fees.
(10)
Institute and maintain one or more actions at law to enforce
this article and rules and regulations governing the sewer system
and/or actions in equity to compel compliance with this article and/or
rules and regulations, these including but not limited to injunctions
and orders compelling connection to and/or disconnection from the
sewer system.
B.
In the event a person fails or refuses to effect disconnection of
an unlawful connection to the sanitary sewer system by the date required
in an enforcement notice and the Authority has been assessed surcharges
or fines by the City of Erie Sewer System because of sewage flows
in excess of the Authority's allocation, the Authority, in addition
to other enforcement remedies, shall be authorized to maintain an
action at law against the owner of the property, seeking recovery
of such surcharges and fines from the owner, together with attorneys'
fees and expenses.
C.
The Authority is authorized by resolution to establish such specific
procedures for enforcement as it shall deem appropriate.
A.
The following actions or omissions, defined above to be unlawful
and a violation of this article, are declared to be public nuisances:
(1)
The placement or deposit or sewage, municipal waste or other objectionable
wastes upon any public or private property within Harborcreek Township
or any area under jurisdiction of Harborcreek Township;
(2)
The discharge of any sewage into any natural outlet within the Township;
(3)
The discharge of industrial wastes or other polluted water into any
natural outlet within Harborcreek Township, unless the person doing
so is operating with the prior approval of or under a permit issued
by the US EPA or the PADEP;
(4)
The construction or maintenance of any privy, privy vault or cesspool
other than an on-lot sewage system approved by the Township and constructed
in accordance with current regulations of PADEP and/or the Erie County
Department of Health;
(5)
The discharge of any stormwater, surface drainage, ground drainage,
roof runoff, subsurface drainage or unpolluted industrial process
waters into any public sanitary sewer;
B.
The Township shall have authority, in its discretion, to take action
to abate nuisances declared under this article, in accordance with
provisions of the Second Class Township Code and General Municipal
Law. In the event the Township incurs expenses in the abatement of
a nuisance and such expenses are not reimbursed by the property owner
or violator within 30 days, such expenses shall be recovered pursuant
to the General Municipal Law governing municipal claims.
A.
Any person who receives from the Authority an enforcement notice
for violation of the terms of this article or notice of removal from
the approved contractor list or rejection of application to be included
on the approved contractor list may file an appeal to the Harborcreek
Township Board of Supervisors within 30 days after said notice is
issued.
B.
The Board of Supervisors shall conduct hearings on said appeals and
make decisions in accordance with the following requirements:
(1)
Public notice shall be given and written notice shall be given to
the appellant, the Authority, such other persons as the governing
body shall designate by ordinance and to any person who has made timely
request for the same. Written notices shall be given at such time
and in such manner as shall be prescribed by ordinance or, in the
absence of ordinance provision, by rules of the Board.
(2)
The Board of Supervisors may prescribe reasonable fees with respect
to hearings held before it pursuant to this article. Fees for said
hearings may include compensation for the Secretary and members of
the Board, notice and advertising costs and necessary administrative
overhead connected with the hearing. The costs, however, shall not
include legal expenses of the Board, expenses for engineering, architectural
or other technical consultants or expert witness.
(3)
The first hearing before the Board or hearing officer shall be commenced
within 60 days from the date of receipt of the appellant's appeal,
unless the appellant has agreed in writing to an extension of time.
Each subsequent hearing before the Board or hearing officer shall
be held within 45 days of the prior hearing, unless otherwise agreed
to by the appellant in writing or on the record.
(4)
The hearings shall be conducted by the Board or the Board may appoint
any member or an independent attorney as a hearing officer. The decision
or, where no decision is called for, the findings shall be made by
the Board, however, the appellant or the applicant, as the case may
be, in addition to the municipality may, prior to the decision of
the hearing, waive decision or findings by the Board and accept the
decision or findings of the hearing officer as final.
(5)
The parties to the hearing shall be the appellant, the Authority,
any person affected by the application who has made timely appearance
of record before the Board, and any other person permitted to appear
by the Board. The Board shall have power to require that all persons
who wish to be considered parties enter appearances in writing on
forms provided by the Board for that purpose.
(6)
The Chairman or acting Chairman of the Board or the hearing officer
presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
(7)
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
(8)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
(9)
The Board or the hearing officer, as the case may be, shall keep
a stenographic record of the proceedings. The appearance fee for a
stenographer shall be shared equally by the applicant and the Board.
The cost of the original transcript shall be paid by the Board if
the transcript is ordered by the Board or hearing officer or shall
be paid by the person appealing from the decision of the Board if
such appeal is made and, in either event, the cost of additional copies
shall be paid by the person requesting such copy or copies. In other
cases the party requesting the original transcript shall bear the
cost thereof.
(10)
The Board or the hearing officer shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memoranda, or other materials, except advice from their
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
(11)
The Board or the hearing officer, as the case may be, shall
render a written decision or, when no decision is called for, make
written findings on the application within 45 days after the last
hearing before the Board or hearing officer. Where the application
is contested or denied, each decision shall be accompanied by findings
of fact and conclusions based thereon together with the reasons therefor.
Conclusions based on any provisions of this article or any rule or
regulation shall contain a reference to the provision relied on and
the reasons why the conclusion is deemed appropriate in the light
of the facts found.
(12)
A copy of the final decision or, where no decision is called
for, of the findings shall be delivered to the appellant or applicant
personally or mailed to him not later than the day following its date.
To all other persons who have filed their name and address with the
Board not later than the last day of the hearing, the Board shall
provide, by mail or otherwise, brief notice of the decision or findings
and a statement of the place at which the full decision or findings
may by examined.
If any section, subsection, sentence, clause, phrase or portion
of this article or its application to any person, property or circumstances
is for any reason held invalid or unconstitutional by any court, such
holding shall not be construed to affect the validity of any of the
remaining provisions of this article or its application, for such
portion shall be deemed as a separate, distinct and independent provision
from the remaining provisions which shall be and remain in full force
and effect. It is hereby declared the legislative intent that this
article would have been adopted had such valid or unconstitutional
provision of its application not been included herein.
All ordinances or parts of any ordinances inconsistent herewith
are hereby repealed. This article shall not be construed to amend
or repeal the Industrial Waste Ordinance, as amended.[1]
