[Adopted 5-6-1996 by Ord. No. 147]
Unless the context specifically and clearly
indicates otherwise, the meaning of terms and phrases used in this
article shall be as follows:
Bern Township Municipal Authority, a municipality authority
incorporated and existing pursuant to the provisions of the Municipality
Authorities Act of 1945, approved May 2, 1945, P.L. 382,[1] as amended and supplemented, of the commonwealth.
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 this township or the Authority or the owner
and which are located on such improved property.
The Commonwealth of Pennsylvania.
Any property within 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 pumping, transmitting, treating and disposing of
sanitary sewage and/or industrial wastes discharged by an improved
property within the township, other than a building sewer or a lateral.
Includes any street, road, lane, court, cul-de-sac, alley,
public way or public square.
The Township of Bern, Berks 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.
[1]
Editor's Note: See 53 P.S. § 301
et seq.
A.
The owner of any improved property located in this
township that 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 and the Authority 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 and the Authority
from time to time.
B.
Notwithstanding the provisions of Subsection A of this section, 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.
C.
The exemption provided for in Subsection B of this section shall not be available in any situation where the business seeking to use it had notice, either actual or constructive, prior to construction of such 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.
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer as required under § 138-42, 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.
A.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon an improved property that has been connected to a sewer or that is required under § 138-42 to be connected to a sewer.
B.
Every such privy vault, cesspool, sinkhole, septic
tank or similar receptacle in existence shall be abandoned and, at
the discretion of this township and the Authority, shall be cleansed
and shall be filled with a noncompactable material (e.g., sand), at
the expense of the owner of such improved property, under the direction
and supervision of this township and the Authority, and any such privy
vault, cesspool, sinkhole, septic tank or similar receptacle not so
abandoned and, if required by this township or the Authority, 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 improved property.
C.
No privy vault, cesspool, sinkhole, septic tank or
similar receptacle at any time shall be connected to a sewer.
The notice by this township to make a connection to a sewer referred to in § 138-42 shall include a reference to this article 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 the Authority.
B.
Application for a permit required under Subsection A of this section 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 a designated representative
of the Authority 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 of this section.
(3)
Such person shall have given such designated representative
of the Authority at least 24 hours' notice of the time when such connection
will be made so that the Authority may supervise and inspect or may
cause to be supervised and inspected the work of connection and necessary
testing.
(4)
If applicable, such person shall have furnished satisfactory
evidence to the designated representative of the Authority that any
tapping fee, and any other applicable fee or charge that may be charged
and imposed by the Authority 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 the Authority,
in writing, shall have been secured and only subject to such rules,
regulations and conditions as may be prescribed by the Authority.
E.
All costs and expenses of acquisition, construction,
operation and maintenance of a building sewer and of the lateral serving
any improved property shall be borne by the owner of the improved
property served thereby, unless otherwise provided by the Authority.
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 Authority, shall be borne by
the owner of the improved property so connected, unless otherwise
provided by the Authority. Each such owner shall indemnify and shall
save harmless this township and the Authority 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.
F.
A building sewer and the appropriate lateral shall
be connected to a sewer at the location designated by the Authority.
If the Authority 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 the Authority 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
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 that is adjoining or adjacent to the sewer system, or whose principal building is within 150 feet from a sewer, after 60 days' notice from this township or the Authority requiring the connection of such improved property with a sewer in accordance with § 138-42, shall fail to connect such improved property and use the sewer system, as required, this township, or the Authority on its behalf, 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 the
Authority.
B.
No building sewer or any lateral constructed by the
owner shall be covered until it has been inspected and approved by
the Authority. 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 the Authority.
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 the Authority.
E.
If any person shall fail or shall refuse, upon receipt
of a written notice of the Authority, 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, the Authority 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 the Authority. In the event
of a condition with respect to said facilities which threatens health
or property, this township or the Authority 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 shall violate this article shall be
subject, upon summary conviction for a first offense and upon summary
conviction for each subsequent offense, to a fine of not more than
$1,000, together with costs of prosecution in each case. Each day
that a violation shall continue shall be deemed and shall be taken
to be a separate offense and shall be punishable as such.
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 inhabitants
of this township.
