[Adopted 4-18-2002 by Ord. No. 111]
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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.”
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Unless the context specifically and clearly
indicates otherwise, the meaning of terms and phrases used in this
article shall be as follows:
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.
The Commonwealth of Pennsylvania.
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.
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.
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.
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.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipality authority or other
group or entity.
Normal water-carried household and toilet wastes from any
improved property.
Any pipe or conduit constituting a part of the sewer system,
used or usable for sewage collection purposes.
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.
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.
Includes any street, road, lane, court, cul-de-sac, alley,
public way or public square.
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.
