[HISTORY: Adopted by the Board of Commissioners of Colebrookdale Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-2-2004 by Ord. No. 10-2004]
For purposes of this article, the following words shall have the meanings set forth thereafter:
AFFECTED AREA
The 700 block of Fifth and Sixth Streets in the Colebrookdale Township, as more particularly defined and delineated in an agreement between the Commonwealth of Pennsylvania Department of Environmental Protection and the Boyertown Water Authority dated the first day of October, 2004.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
BUILDING MAIN
Extension from the water system of any structure to the lateral of a public water main.
DEPARTMENT
The Commonwealth of Pennsylvania Department of Environmental Protection.
HOUSEHOLD PURPOSES
Use of water by homeowners for domestic purposes, including, but not limited to, cooking, cleaning, bathing, the washing of clothes and cooking equipment and eating utensils, outdoor watering of lawns and vegetation, and for general household cleaning.
IMPROVED PROPERTY
Any property within the affected area upon which there is erected a structure intended for continuous or periodic habitation, occupancy, or use by human beings or animals.
LATERAL
A. 
Part of the municipal water system extending from a main to the curbline, or, if there shall be no curbline, extending to the property line; or
B. 
If no such lateral shall be provided, that portion of or place in a main which is provided for connection of any building main.
MAIN
Any pipe or conduit constituting a part of the municipal water system used or usable for water distribution purposes.
MUNICIPAL WATER
Water provided through the municipal water system owned and operated by the Boyertown Water Authority, its successor or assigns.
MUNICIPAL WATER SYSTEM
The public water treatment, distribution, and supply system owned and operated by the Boyertown Water Authority, its successor or assigns.
PRIVATE WATER SYSTEM
Any system designed to extract water from the ground, springs or other water source, which is not municipal water or the municipal water system, including but not limited to wells and springs.
TOWNSHIP
The Township of Colebrookdale, Berks County, Pennsylvania.
Upon extension of the municipal water system in order to provide to all improved properties within the affected area a source of municipal water, the owner(s) of any improved property located within the affected area shall connect such improved property to and shall use the municipal water supplied by the municipal water system as the sole source of water for drinking and/or household purposes for the improved property. Connection shall be made within 90 days after the owner receives notice from the Township to connect his property to the municipal water system.
All costs of connection of each improved property to the municipal water system shall be paid by the Department directly to the Boyertown Water Authority. The costs of connection shall include the costs of all water main extensions, laterals and building mains; excavation for and installation of the water mains, laterals, and building mains; connection of the water system of the improved property to the building main; installation of a water meter and meter box; restoration of the public streets and any improved property affected by the construction for and installation of the water mains, laterals, and/or building mains; all costs of closure of all private water systems serving each improved property; and all tapping, connection, and permit fees.
Once an improved property is connected to the municipal water system, it shall be unlawful to construct, reconstruct, or repair any private water system which is designed or intended to provide water for drinking or household purposes. No private water system shall be used or maintained for drinking water or household purposes at any time upon an improved property which has been connected to the municipal water system or to which municipal water is available.
Simultaneously with the connection of the improved property to the municipal water system, all private water systems serving the improved property (including any outbuildings) shall be disconnected from the existing domestic water supply system. At the time of disconnection, the private water system shall be permanently sealed with cement, grout, or clay so that it is no longer capable of supplying water to the improved Property (including any outbuildings). The closure of the private water system shall be done in accordance with all applicable rules and regulations of the Boyertown Water Authority and the Pennsylvania Department of Environmental Protection.
In case the owner of any improved property located within the affected area shall neglect or refuse to connect to the municipal water system for a period of 90 days after notice to do so has been served upon him by the Township, either by personal service or certified mail (return receipt requested), the Township or its agents or employees, after 10 days' additional written notice of their intent to do so, may enter upon such property and cause the connection to be made to the municipal water system and to disconnect the improved property from the private water system as required by this article. In any such event, all expenses incurred by the Township in order to excavate for, to install the building main, to connect the building main to the domestic water supply system for the improved property, and to disconnect the private water system and to permanently seal the same shall be reimbursed to the Township by the Department.
The provisions of this article are severable. If any sentence, clause, or section of this article is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not effect or impair any of the remaining provisions, sentences, clauses, or sections of this article. It is hereby declared to be the intent of the Board of Commissioners of the Township of Colebrookdale that this article would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, or section had not been included herein.
A. 
In addition to any other enforcement action taken pursuant to the provisions of any of this article or any other ordinance or regulation, any person who, in a civil action filed in a court of competent jurisdiction, shall be determined to be in violation of any provision of this article shall pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings. If the penalty is not paid, the Township shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Township may enforce this chapter in equity in the Court of Common Pleas of Berks County.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
In addition, the Township, through its solicitor, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this article. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.