[HISTORY: Adopted by the Board of Supervisors
of the Township of German as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-12-2003 by Ord. No. 02/203]
As used in this article, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
A Sanitary Sewage Authority established by the German Township
Supervisors in accordance with the Municipal Authorities Act or any
Sanitary Sewage Authority with which German Township has entered-into
an inter-municipal agreement for services, either prior to or following
the effective date of this article.
An extension from the public sewer system which connects
to a residence, building or unit by means of a pipe or pipeline allowing
sewage waste to flow from the residence, building or unit into the
public sewer system.
The person or persons to whom land or real property is titled.
Any and all portions of a sanitary sewer system (including
pipelines, pumping facilities, and treatment facilities), whether
publicly or privately constructed or installed, located within the
Township of German and controlled, maintained, owned and/or serviced
by the Authority, and which is used for the collection, disposal,
carrying, pumping and/or treatment of sewage and/or industrial wastes
of a liquid nature.
A.
The property owner of each piece, parcel or lot of
land whose residence(s) or principal building(s) thereon, heretofore
and hereafter constructed, is/are within the maximum footage permissible
under Section 67502(a) of the Second Class Township Code[1] or 150 feet of the public sewer system, whichever is greater,
and otherwise accessible to the public sewer system shall connect
to the public sewer system at any time within 60 days after notice
is given, either actual or constructive, by the Township of German,
the Authority, or any of their respective agents, employees, officers,
members or representatives.
[Amended 8-1-2011 by Amendment to Ord. No. 021203]
[1]
Editor's Note: See 53 P.S. § 67502(a).
B.
With regard to apartment buildings, hotels, motels, boarding houses, shopping centers, business plazas and any other building which contains multiple units intended for occupancy as living quarters by an individual, a single family or a discrete group of persons, or intended for occupancy as separate businesses, and which fall within the provisions of Subsection A, above, each such unit shall be connected to the public sewer system.
C.
From time to time in the future, the public sewer system may become available to additional properties within German Township by reason of construction, installation, improvement or acquisition of pipelines and/or sewer facilities. In such instances, Subsections A and B, herein, shall immediately and without further action by the Township of German become applicable to such portions of the public sewer system.
A.
Each and every property owner to whom § 18-2, above, applies shall comply with any and all rules, regulations, resolutions and lawful conditions which may, from time to time, be placed by the Authority upon connections and tap-ins to the public sewer system, including, but not limited to, payment of a tap-in/connection fee to the Authority, obtaining a tap-in/connection permit from the Authority, obtaining specifications concerning the size and quality of piping to be used, and inspection and approval by an Authority representative of a tap-in/connection prior to covering the same.
B.
No more than 120 days and no less than 15 days prior to connecting/tapping-in to the public sewer system, each and every property owner to whom § 18-2, above, applies, shall contact the Authority or its designated agent, representative or officer, and shall obtain from the Authority its rules, regulations, resolutions and conditions which pertain to public sewer system tap-ins/connections.
C.
The failure, refusal or neglect of a property owner to comply with Subsection A and/or Subsection B herein, shall in no way be considered justification not to tap-in/connect to the public sewer system or an extension of time within which to tap-in/connect to the public sewer system, and the same shall not be a defense under the provisions of this article.
For the purpose of making any inspection to
ensure compliance with this article or the rules, regulations and
resolutions of the Authority, an officer, agent, representative or
employee of the Township of German and/or the Authority shall have
access at all reasonable hours of the day to all parts of the property
to which sewage service is supplied or intended to be supplied, and
to any connections or taps, and excavations relating thereto.
A.
In the event any property owner to which § 18-2, herein, applies fails, refuses or neglects to tap-in/connect to the public sewer system in accordance with the provisions herein, an officer, agent, representative or employee of the Township of German and/or the Authority may enter upon such property and construct such sewer tap-in/connection. Upon construction of such sewer connection, the property owner shall be:
After a period of 60 days has lapsed from the
date of notice given to a property owner to connect to the public
sewer system, as provided above, the property owner:
A.
Shall forthwith abandon all privies, cesspools, sinkholes,
septic tanks and other receptacles on the premises for receiving sewage
and/or industrial waste; and
B.
Shall not at any time thereafter erect, construct,
use or maintain any pipe, conduit, drain or other facility for the
discharge of sewage and/or industrial waste except for the purpose
of discharge into the public sewer system; and
C.
Shall forthwith clean and fill, under the direction
of an officer, agent, representative or employee of the Township of
German and/or the Authority, all privy vaults, cesspools or similar
receptacles for human excrement on the premises.
A.
Nothing in this article shall be construed to prevent
the Authority, in its sole and absolute discretion, from making a
special agreement or arrangement with a property owner, upon the showing
of good cause, such that the property owner is granted a reasonable
extension of time within which to tap-in/connect, or is granted an
exemption or forgiveness from compliance with any of the rules, regulations,
resolutions or conditions of the Authority pertaining to tap-ins/connections.
B.
A written agreement, arrangement, extension or exemption with the Authority, as described in Subsection A above, shall be an absolute defense to a charge or action implemented for violation of this article, if the agreement, arrangement, extension or exemption pertains to the alleged violation and the time-period referred to in the charge or action.
The Authority is hereby authorized and empowered
to institute any civil action and/or criminal action, on behalf of
German Township, to enforce this article and any provision of any
other ordinance which relates to the public sewer system. Nothing
herein shall be construed to limit the authority or ability of the
German Township Supervisors, German Township Code Enforcement Officer(s),
other law enforcement agencies, or any other agent of the German Township
Supervisors to enforce this or any other ordinance.
A.
All actions for enforcement to this article shall
be brought as follows:
(1)
As a summary offense, before a Magisterial District
Judge in the same manner provided for the enforcement of a summary
offense under the Pennsylvania Rules of Criminal Procedure. Any person
who shall violate or fail to comply with any of the provisions of
this article shall, upon conviction thereof, in a summary proceeding
before a Magisterial District Judge, be sentenced to pay a fine of
not less than $25 nor more than $1000, costs of prosecution, restitution
and/or a term of imprisonment up to 90 days, per violation. Each day
that a violation continues shall constitute a separate offense; or
(2)
As a civil action in law or in equity, before a Magisterial
District Judge in the same manner provided for under the Pennsylvania
Rules of Civil Procedure of District Justice Rules. Any person who
shall violate or fail to comply with any of the provisions of this
article shall be assessed a civil penalty of not less than $25 nor
more than $600, court costs, restitution and reasonable attorney fees
incurred by the Township in the enforcement of proceeding, per violation.
Each day that a violation continues shall constitute a separate offense.
B.
Nothing in this article shall in any way prevent or
preclude the Authority from enforcing its rules, regulations, resolutions,
fees and assessments, and/or making collections thereon in any manner
provided in law or in equity.
[Adopted 4-16-1985 by Ord. No. 125]
The purpose of this article is to establish
procedures for the use and maintenance of holding tanks designed to
receive and retain sewage whether from residential or commercial uses
and it is hereby declared the enactment of this article is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of this Township.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
The Supervisors of German Township, Fayette County, Pennsylvania.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. Holding tanks include, but are not limited
to, the following:
Chemical toilet which is a toilet using chemicals
that discharge to a holding tank.
Retention tank which is a holding tank where
sewage is conveyed to it by a water carrying system.
Vault pit privy which is a holding tank designed
to receive sewage where water under pressure is not available.
Any property within the 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 sewage
shall or may be discharged.
The Township of German, Fayette County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any individual, partnership company, association, corporation
or other group or entity.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health, or to animal or aquatic life or to the use of
water for domestic water supply or for recreation.
The Authority is hereby authorized and empowered
to undertake within the Township the control and methods of holding
tank sewage disposal and the collection and transportation thereof.
The Authority is hereby authorized and empowered
to adopt such rules and regulations concerning sewage which it may
deem necessary from time to time to effect the purposes herein.
All such rules and regulations adopted by the
Authority shall be in conformity with the provisions herein all other
ordinances of the Township, and all applicable laws, and applicable
rules and regulations of administrative agencies of the Commonwealth
of Pennsylvania.
The Authority shall have the right and power
to fix, alter, charge and collect rates, assessments, and other charges
in the area served by its facilities at reasonable and uniform rates
as authorized by applicable law.
The collection and transportation of all sewage
from any improved property utilizing a holding tank shall be done
solely by or under the direction and control of the Authority, and
the disposal thereof shall be made only at such site or site as may
be approved by the Department of Environmental Protection of the Commonwealth
of Pennsylvania.
The owner of an improved property that utilizes
a holding tank shall:
A.
Maintain the holding tank in conformance with this
or any ordinance of this Township, the provisions of any applicable
law, and the rules and regulations of the Authority and any administrative
agency of the Commonwealth of Pennsylvania.
B.
Permit only the Authority or its agent to collect,
transport and dispose of the contents therein.
Any person, firm or corporation who shall violate
any provision of this article, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not less
than $100 nor more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this article continues or each
section of this article which shall be found to have been violated
shall constitute a separate offense.
In addition to any other remedies provided in this article, any violation of § 18-17 above shall constitute a nuisance and shall be abated by the Township or the Authority by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
