[Adopted 6-10-1999 by Ord. No. 104]
Unless the context specifically indicates otherwise,
the meaning of terms used in this article shall be as follows:
The White Haven Municipal Authority, a body corporate and
politic, incorporated, and governed under existing Pennsylvania law.
Any property on which is erected a structure intended for
continuous or periodic habitation, occupancy, or use by human beings
or animals and from which structure sewage is or may be discharged.
Any individual, firm, partnership, company, association,
society, corporation or group.
Route 940 service area of the Township of Kidder, identified
more specifically on the plan attached to this article[1] and incorporated into the agreement between the Township
of Kidder and the White Haven Municipal Authority.
Any collecting sewer in the Township, forming a part of the
sewer system.
All facilities as of any particular time for collecting,
treating and disposing of sewage, situated in or adjacent to the Township
and owned by the Authority, including the sewage treatment plant and
intercepting and outfall sewers.
The Township of Kidder acting by and through its Board of
Supervisors.
[1]
Editor's Note: Said plan is on file in the
Township offices.
A.
The owner of every improved property located within
the service area whose principal building is within 150 feet of the
sewer system of the Authority shall make connection with the sewer
system in such manner as the Authority may direct within 45 days after
notice to the owner of that improved property from the Authority to
make connection, for the purpose of discharge of all fecal matter,
human excrement, kitchen, commercial, industrial and laundry waste
and other sewage from the premises subject to such limitations and
restrictions as shall be established herein or otherwise shall be
established by the Authority from time to time. All such sewage, after
connection, shall be conducted into a sewer.
B.
Every such improved property shall be connected separately
and independently with a sewer through a sewer through a service connection
to be designated in each case by the Authority. Grouping of buildings
upon one service connection to a sewer shall not be permitted, except
under special circumstances, and for good sanitary reasons, with special
permission granted by the Authority. The notice by the Authority to
make connection may be given by the Authority as soon as a sewer is
in place which can receive and convey sewage from the particular improved
property.
C.
Residential properties within the service area having
a functioning on-lot sewage disposal system on the date of adoption
of this article shall be initially exempt from mandatory connection
to the sewer system in the service area. However, in the event that
there is any malfunction as determined by the Sewage Enforcement Officer
of the Township of Kidder, such connection will be mandatory as directed
by the Authority and the Sewage Enforcement Officer under the terms
and provisions of this section of the article. Further, the owners
of such detached single-family residential properties shall also have
the option to connect to this sewer system.
A.
If the owner of any improved property, after 45 days'
notice from the Authority to make connection of that improved property
with a sewer, shall fail to make connection, the Authority may make
the connection and may collect from that owner the costs of connection,
together with any sewer connection fee as may be established by the
Authority; if the amount has not been paid, by a municipal claim,
an action of assumpsit or such legal proceeding as may be provided
by law.
B.
If the owner of any property located in the Township and which improved property is or hereafter becomes accessible to and whose principal building is within 150 feet of the sewer system, as provided for in § 142-57A, after the forty-five-day notice as required for in Subsection A above, shall fail to connect such improved property with the sewer system, as required, the Authority may enter upon such property and construct such connection and may collect from such owner the costs and expenses thereof, as provided for in Subsection A above.
No person shall make or cause to be made any
connection of his property with any sewer until he has fulfilled all
of the following conditions:
A.
He shall notify the Secretary of the Authority of
his desire and intention to make connection;
B.
He shall pay such sewer connection fee as shall be
required by the Authority, which sewer connection fee shall be payable
to the Authority;
C.
He shall apply for and obtain from the Authority a
permit to make the connection; and
D.
He shall give the Secretary of the Authority at least
24 hours' notice of the time when connection is to be made, in order
that the Authority, by its authorized agent, can supervise the work
of connection.
All sewer connections shall be made at the place
designated by the Authority and where the lateral or service connection
in the sewer is provided. All joints shall be sealed and made airtight
and shall be made smooth and clean inside so as to provide free flow
of sewage matter without any obstructions. All work pertaining to
connection with a sewer shall be, financially and otherwise, the responsibility
of the owner of the property with which connection is made, subject
to the right of supervision hereby reserved by the Authority.
No person shall connect or shall cause to be
connected with any sewer, directly or indirectly, any roof, ground
and surface water, steam exhaust, boiler blow off, sediment drip of
any pipe carrying or constructed to carry hot water or acid, germicide,
grease, brewery mash, gasoline, naphtha, benzine, oil or any other
substance detrimental to any sewer or to the sewer system.
No privy vault, cesspool, or similar receptacle
for human excrement at any time shall be connected with any sewer.
No privy vault, cesspool or similar receptacle
for human excrement shall in the future be maintained upon any premises
from which connection with any sewer shall have been made. Every such
privy vault, cesspool or other receptacle, at the discretion of the
Authority, shall be abandoned, cleansed and filled under the direction
and supervision of the Authority. Any such privy vault, cesspool or
other receptacle not abandoned, cleansed and filled as required by
this section shall constitute a nuisance and that nuisance may be
abated as provided by law, at the expense of the owner of the property.
All owners of improved property located within
the Township who connect with a sewer and shall have use of the sewer
system shall pay a connection fee, if so required by the Authority,
which connection fee shall be payable upon application for a permit
to make the connection. The fees for connecting to a sewer shall be
decided upon, established and fixed by the Authority and shall be
uniform.
The Authority reserves the right to refuse to
any person the privilege of connection to the sewer system, or to
compel the discontinuance of the use of a sewer by any person, or
to compel the pretreatment of industrial wastes, in order to prevent
discharges into the sewer system of any wastes deemed to be harmful
to the sewer system or to have deleterious effect on the sewage treatment
processes.
The Authority will yearly, or more frequently
if deemed necessary, monitor the flows in the major interceptors,
pumping stations and at the wastewater treatment plant for the purposes
of comparing such flows against the permitted or otherwise limiting
capacity of the facility. When it is determined that flows as measured
or otherwise determined over a period of three consecutive months
are equal to or greater than 95% of the permitted or limited capacity
of the facility. The Authority will prohibit new connections to be
made to the sewage facilities until such time as an engineering analysis
confirms that flow from the planned new connection(s) will not result
in the permitted or limiting capacity of any interceptor, pumping
station or treatment plant to be exceeded.
Any person who violates or permits a violation
of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a District
Justice, pay a fine of not more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the Township in the enforcement
of this article. No judgment shall be imposed until the date of the
determination of the violation by the District Justice. If the defendant
neither pays nor timely appeals the judgement, the Township may enforce
the judgement pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
