Every owner of property in the Township of Richland
whose property abuts upon any public sanitary sewer presently in existence
which ultimately connects to the Windber Area Joint Sanitary Authority
sewage disposal system or any public sanitary sewer to be constructed
in the future by Windber Area Joint Sanitary Authority (hereinafter
called the "Windber Joint Authority") in conjunction with the initial
construction project of its sewage disposal system shall connect,
at its own cost, the house, building or other structures located on
said property with the aforementioned public sanitary sewers for the
purpose of disposing of all acceptable sanitary sewage emanating from
said property.
It shall be unlawful for any owner, lessee or
occupier of any property in the Township of Richland abutting upon
any aforementioned public sanitary sewer to employ any means, either
by septic tank, cesspool, privy vault, mine hole or otherwise, for
the disposal of acceptable sanitary sewage other than into and through
said public sanitary sewers.
Where any house, building or structure in the
Township abutting upon any aforementioned public sanitary sewer is
now or hereafter may be using any method for the disposal of acceptable
sanitary sewage other than through said public sanitary sewer, it
shall be the duty of the Township Secretary or, upon the written direction
of the Township, an authorized representative of the Highland Sewer
and Water Authority (hereinafter called the "Highland Authority")
to notify the owner, lessee or occupier of such structure, in writing,
either by personal service, certified mail or registered mail, to
disconnect the same and make proper connection for the discharge and
disposal of all acceptable sanitary sewage through said public sanitary
sewers, as herein provided, within 60 days after receipt of such notice.
Any owner or lessee or occupier of a structure who cannot comply with
the provisions of this section as to connection within the sixty-day
period stipulated above due to causes beyond his control shall apply
to the Highland Authority within said sixty-day period for a time
extension of up to six months in duration. Said application shall
be made on a form approved or furnished by the Windber Joint Authority
and shall contain a voluntary agreement on the part of the applicant
under which the applicant shall agree to commence paying the regular
monthly sewer rates immediately even though actual connection to the
public sanitary sewers will not be accomplished until some stated
later date within said six months' extension period.
No privy vault, cesspool, septic tank, mine
hole or similar receptacle for human excrement shall at the present
time or at any time hereafter be connected with the aforesaid public
sanitary sewers.
It shall be unlawful for any person, firm or
corporation connected to any aforementioned public sanitary sewers
to connect any roof drain thereto or permit any roof drain to remain
connected thereto, or to permit, allow or cause to enter into said
public sanitary sewers any stormwater, foundation drain water, spring
water or surface water, or any sewage or industrial waste from any
property other than that for which a permit is or has been issued.
Henceforth, no person, firm or corporation shall
make or cause to be made any connection with any of the aforementioned
public sanitary sewers until he has fulfilled all of the following
conditions:
A. He shall make application to the Township, or the
Highland Authority, as the Township's designated agent, upon a permit
form to be approved or formulated and supplied by the Windber Joint
Authority for permission to connect to the aforementioned public sanitary
sewers. Among other things, the applicant must state the character
and use of each structure located upon his property.
B. He shall pay the required tap connection permit fee
established by the Windber Joint Authority in addition to any tap
connection fee imposed by the Township or Highland Authority for each
connection to the Township or Highland Authority at the time of making
application for permission to make a connection.
C. No work shall commence before the payment of the aforesaid
tap connection fee or fees and issuance of the aforementioned connection
permit.
D. He shall give the designated inspector of the Township
or the Highland Authority at least 24 hours' notice of the time when
such connection shall be made in order that said inspector can be
present to inspect and approve the work of connection. The inspector
shall signify his approval of the connection by endorsing his name
and the date of approval on the aforementioned connection permit in
the possession of the permittees.
E. At the time of inspection of the connection, the owner
or owners of properties shall permit the inspector full and complete
access to all sanitary and drainage arrangements and facilities in
each building and in and about all parts of the property. No building
sewer line shall be covered over or in any manner concealed until
after it is inspected and approved by said inspector.
The construction of all building sewer lines
or house service sewers shall be done in accordance with the specifications,
plans and procedures established by the Highland Authority, which
shall be substantially the same as those adopted by Windber Area Joint
Sanitary Authority in its sewage disposal system rules and regulations,
as the same may be from time to time published and amended, copies
of which, upon adoption by the Windber Joint Authority, shall be maintained
on file with the Township Secretary and the Highland Authority and
the Windber Joint Authority.
If the owner or owners of any occupied houses, buildings or structures in the Township shall neglect or refuse to comply with the provisions of this article or the written notice as prescribed in §
198-43 hereof, the Township or its designated agent, the Highland Authority, or Windber Area Joint Sanitary Authority, if it is so designated, in writing, by the Township as its agent for said purpose, may perform or cause to be performed such work and labor and furnish or cause to be furnished such material as may be necessary to comply with the provisions of this article at the cost and expense of such owner or owners, together with 10% additional thereof and all charges and expenses incidental thereto, which sum shall be collected from said owner or owners for the use of the Township or the Highland Authority, as its agents, or the Windber Joint Authority as debts are by law collectible, or the Township or the Highland Authority, as its agent, or the Windber Joint Authority, if so designated as its agent, may, by its proper officer, file a municipal claim or lien therefor against said premises as provided by law.
Unacceptable sanitary sewage for purposes of
this article shall have the same definition as that which is set forth
in the Windber Area Joint Sanitary Authority's sewage disposal system
rules and regulations, said rules and regulations to be applicable
to all users of the aforementioned public sanitary sewers.
[Amended 1-4-2000 by Ord. No. 272]
In addition to any penalty hereinabove prescribed, any person, firm or corporation failing to make a proper connection within the time specified after receipt of proper notice as provided in §
198-43 hereof 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 judgment, the Township may enforce the judgment 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.