[Adopted 4-18-2002 by Ord. No. 111]
The title of Ord. No. 111 is as follows: “AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF KIDDER, CARBON COUNTY, PENNSYLVANIA, REQUIRING ALL OWNERS OF IMPROVED PROPERTY LOCATED WITHIN THIS TOWNSHIP AND WHICH IS ADJOINING AND ADJACENT TO THE SEWER SYSTEM FACILITIES TO BE ACQUIRED AND CONSTRUCTED BY THIS TOWNSHIP, TO CONNECT SUCH IMPROVED PROPERTY WITH AND TO USE SUCH SEWER FACILITIES; REGULATING THE MANNER OF MAKING SUCH CONNECTIONS; AUTHORIZING THIS TOWNSHIP TO MAKE CONNECTIONS AT THE COST AND EXPENSE OF ANY OWNER OF IMPROVED PROPERTY FAILING TO MAKE SUCH CONNECTION; ADOPTING CERTAIN RULES AND REGULATIONS AND PROVIDING FOR ADOPTION OF ADDITIONAL RULES AND REGULATIONS; PROHIBITING THE CONNECTION OF PRIVY VAULTS, CESSPOOLS, SINKHOLES, SEPTIC TANKS AND SIMILAR RECEPTACLES TO ANY SEWER; PROHIBITING THE MAINTENANCE OR CERTAIN RECEPTACLES AND REQUIRING ABANDONMENT THEREOF WHEN DIRECTED TO DO SO BY THIS TOWNSHIP; SETTING FORTH RELATED MATTERS; AND PRESCRIBING PENALTIES FOR VIOLATION.”
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this article shall be as follows:
BUILDING SEWER
The sewage drainage system from a building constructed on any improved property to the lateral serving such improved property, including any grinder pump or pressure sewer or similar apparatus or facilities installed by the Township or the owner and which are located on such improved property.
COMMONWEALTH
The Commonwealth of Pennsylvania.
IMPROVED PROPERTY
Any property in the sewered area of this 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 sanitary sewage and/or industrial wastes shall be or may be discharged.
INDUSTRIAL ESTABLISHMENT
Any improved property located in this Township, used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article, or any other improved property from which wastes, in addition to or other than sanitary sewage, shall be discharged.
INDUSTRIAL WASTES
Any and all wastes discharged from an industrial establishment, and/or wastewater having characteristics which may have the potential to be detrimental to the sewer system.
LATERAL
That part of the sewer system extending from a sewer to the curbline, or if there is no curbline, to the property line, or if no such extension is provided, then "lateral" shall mean that portion of, or place in, a sewer that is provided for connection of any building sewer.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
PERSON
Any individual, partnership, company, association, society, trust, corporation, municipality, municipality authority or other group or entity.
SANITARY SEWAGE
Normal water-carried household and toilet wastes from any improved property.
SEWER
Any pipe or conduit constituting a part of the sewer system, used or usable for sewage collection purposes.
SEWER SYSTEM
All facilities owned or operated by the Township, as of any particular time, for collecting and transmitting sanitary sewage and/or industrial wastes discharged by an improved property, other than a building sewer or a lateral.
SEWERED AREA
That geographic area or areas of the Township served or to be served by the sewer system and designated, from time to time, by the Board of Supervisors of the Township.
STREET
Includes any street, road, lane, court, cul-de-sac, alley, public way or public square.
TOWNSHIP
The Township of Kidder, Carbon County, Pennsylvania, a political subdivision of the Commonwealth, acting by and through its Board of Supervisors, or, in appropriate cases, acting by and through its authorized representatives.
A. 
Connection.
(1) 
The owner of any improved property located in the sewered area of this Township which is adjoining and adjacent to the sewer system shall connect such improved property with and use such sewer system, in such manner as this Township may require, within 60 days after notice to such owner from this Township to make such connection, for the purpose of discharging all sanitary sewage and industrial wastes from such improved property; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township, from time to time.
(2) 
Notwithstanding the provisions of Subsection A(1), this Township shall not require any commercial or industrial business to connect to the sewer system when such commercial or industrial business is operating a sewer treatment plant under mandate of any agency of the federal or state government. This exemption shall last as long as such sewer treatment plant continues to meet the specifications and standards mandated by such federal or state agency and for 45 days thereafter. If, during the days immediately subsequent to the day a business' sewer treatment plant is determined to be below federal or state mandates, repairs cannot be made to bring the system back up to satisfactory condition, this Township may require such business to connect to the sewer system. In such case, the full costs of connection to, and any necessary refurbishing of, the sewer system shall be borne by such business.
(3) 
The exemption provided for in Subsection A(2) shall not be available in any situation where the business seeking to use it had notice, either actual or constructive, prior to construction of this sewage treatment plant, of this Township's intention to construct a sanitary sewer system, and to require that business to connect with the sewer system.
B. 
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer as required under Subsection A, shall be conducted into such sewer; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township, from time to time.
C. 
No person shall place, shall deposit or shall permit to be placed or to be deposited upon any public or private property within this Township any sanitary sewage or industrial wastes in violation of Subsection A.
D. 
No person shall discharge or shall permit to be discharged to any natural outlet any sanitary sewage or industrial wastes in violation of Subsection A, except where suitable treatment has been provided that is satisfactory to this Township.
E. 
No privy vault, outhouse, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon any property located in the sewered area of the Township. Every such privy vault, outhouse, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of this Township, shall be cleansed and shall be filled with a noncompactable material (e.g., sand), at the expense of the owner of such property, under the direction of this Township; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by this Township, not cleansed and filled, shall constitute a nuisance, and such nuisance may be abated, as provided by law, at the expense of the owner of such property.
[Amended 8-18-2005 by Ord. No. 121]
F. 
No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected to a sewer.
G. 
The notice by this Township to make a connection to a sewer, referred to in Subsection A, shall include a reference to 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 the time limitations described herein. Such notice may be given or served at any time after a sewer is in place that can receive and can convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be by personal service or by registered mail.
A. 
No person shall uncover, shall connect with, shall make any opening into or shall use, shall alter or shall disturb, in any manner, any sewer or any part of the sewer system without first obtaining a permit, in writing, from this Township.
B. 
Application for a permit required under Subsection A shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
C. 
No person shall make or shall cause to be made a connection of any improved property with a sewer until such person shall have fulfilled each of the following conditions:
(1) 
Such person shall have notified the Secretary or other designated representative of this Township of the desire and intention to connect such improved property to a sewer;
(2) 
Such person shall have applied for and shall have obtained a permit as required by Subsection A;
(3) 
Such person shall have given the Secretary or other designated representative of this Township at least 24 hours' notice of the time when such connection will be made so that this Township may supervise and inspect or may cause to be supervised and inspected the work of connection and necessary testing; and
(4) 
If applicable, such person shall have furnished satisfactory evidence to the Secretary or other designated representative of this Township that any tapping fee, and any other applicable fee or charge that may be charged and imposed by this Township against the owner of each improved property who connects such improved property to a sewer, has been paid.
D. 
Except as otherwise provided in this subsection, 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 Township, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by this Township.
E. 
Unless otherwise provided by this Township, all costs and expenses of acquisition, construction, operation and maintenance of all portions of the building sewer serving any improved property shall be borne by the owner of the improved property served thereby. Unless otherwise provided by this Township, all costs and expenses of connection of a building sewer to a lateral, and connection of a lateral to a sewer, including such costs and expenses of acquiring, installing, operating and maintaining a grinder pump or similar apparatus approved by the Township, shall be borne by the owner of the improved property so connected. Each such owner shall indemnify and shall save harmless this Township from all loss or damage that may be occasioned, directly or indirectly, as a result of construction, connection, operation or use of a building sewer or of a lateral. The owner of an improved property served by a grinder pump shall pay all electricity costs and the costs connecting and maintaining such grinder pump to the source of electricity.
F. 
A building sewer and the appropriate lateral shall be connected to a sewer at the location designated by this Township. If this Township furnishes the lateral, the building sewer shall be connected to the sewer at the place where the lateral is located. The owner of each improved property shall provide this Township any information requested pertaining to the existing or proposed location of a building sewer and of the lateral. The invert of a building sewer at the point of connection shall be at the same or a higher elevation (unless a grinder pump is included as part of the lateral connection) than the invert of the sewer. A smooth, neat joint shall be made and the connection of a building sewer and lateral, or other designated point of connection, shall be made secure and watertight.
G. 
If the owner of any improved property located within this Township which is adjoining or adjacent to, or whose principal building is within 150 feet from any part of the sewer system, after 60 days' notice from this Township requiring the connection of such improved property with a sewer, in accordance with § 142-82A, shall fail to connect such improved property and use the sewer system, as required, this Township may enter upon such improved property and construct such connection and may collect from such owner the costs and expenses thereof in the manner permitted by law.
A. 
Where an improved property, at the time connection to a sewer is required, shall be served by its own sewage disposal system or sewage disposal device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or sewage disposal device and attachment shall be made, with proper fittings, to continue such house sewer line as the building sewer and from there to the lateral and the sewer, in the manner approved by this Township.
B. 
No building sewer or any lateral constructed by the owner shall be covered until it has been inspected and approved by this Township. If any part of a building sewer or lateral 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.
C. 
Every building sewer and every lateral serving any improved property shall be operated and maintained by the owner of such improved property in a sanitary and safe operating condition to the continuing satisfaction of this Township.
D. 
Every excavation for a building sewer or for a lateral shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Any street, sidewalk and other property disturbed in the course of installation of such facilities shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to this Township.
E. 
If any person shall fail or shall refuse, upon receipt of a written notice of this Township, to remedy any unsatisfactory condition with respect to a building sewer or with respect to a lateral, within 60 days of receipt of such notice, this Township may refuse to permit such person to discharge sanitary sewage and industrial wastes into the sewer system until such unsatisfactory condition shall have been remedied to the satisfaction of this Township. In the event of a condition with respect to said facilities which threatens health or property, this Township may specify a lesser time or other manner of notice of such condition.
F. 
This Township 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 with the sewer system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this article.
A. 
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.
B. 
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 and the provisions hereof are necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Township.