[Adopted 1-5-1998 by Ord. No. 258]
Unless the context specifically and clearly
declares otherwise, the meaning of terms and phrases used in this
article shall be as follows:
The Act of 1990, P.L. 1227, setting and establishing connection
and tapping fees for municipal sanitary sewer systems.
The Forest Hills Municipal Authority (FHMA), or any other
Authority empowered by agreement with the Forest Hills Municipal Authority
or the municipality to operate the sewer system or parts thereof.
The privately owned extension from the sewage drainage system
of any structure to the lateral of a sewer.
The complete construction and installation of a building
sewer in compliance with all municipality and Authority requirements.
The average amount of sewage flow expected to be generated
by a single-family dwelling.
Any property within this municipality upon which there is
erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings (Homo sapiens) or animals and from
which structure sewage and/or industrial waste shall or may be discharged.
Any property located in this municipality 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 property located in this municipality from which wastes,
in addition to or other than sanitary sewage, shall be discharged.
Any and all wastes discharged from an industrial establishment,
other than sanitary sewage.
Surface water and/or groundwater which enters the sewer system
by any means. This article expressly prohibits any person from causing,
allowing or permitting any quantity of inflow and infiltration to
enter the sewer system.
Publicly owned portion of the sewer system extending from
a sewer to the property line, to a point designated by the municipality
or Authority, or, if no such lateral shall be provided, the "lateral"
shall mean that portion of or place in a sewer which is provided for
connection of any building sewer.
The Township of Richland.
Any person vested with ownership, legal or equitable, sole
or partial, of any property.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity.
Normal water-carried household and toilet wastes from any
property.
Any pipe or conduit constituting a part of the sewer system
used or usable for sewage collection purposes.
All facilities, as of any particular time, for collecting,
pumping, transporting, treating and disposing of sanitary sewage and/or
industrial wastes situate in or adjacent to this municipality and
owned by the Authority.
A sewer that provides collection but no treatment, not specifically
owned by the Authority.
All persons in the municipality owning improved property which is adjoining and adjacent to the sewer system are hereby required to connect with and use said sewer system. Failure to connect within 90 days after written notice to do so has been provided as defined herein in § 198-63 shall be a violation of this article. Said connection shall be at the sole cost of the owner. Any persons who cannot comply with the above requirements due to causes beyond their control shall apply to the municipality or Authority within said ninety-day period for a time extension not to exceed six months' duration. Said application shall be made on a form furnished by the municipality or the Authority and shall contain an agreement whereby the applicant voluntarily commences payment of the regular monthly sewer rates immediately, even though actual connection to the sewer system will not be accomplished until some later date within said six months' extension period.
In addition to any other remedies provided herein,
should any adjoining or adjacent owners or persons whose principal
building is within 150 feet from the sewer system fail to connect
with and use the sewer system within a period of 90 days after written
notice to do so has been served by the Township or the Authority,
either by personal service or certified mail, the Township, the Authority
or their designated agent may enter the property and construct the
building sewer. The township or Authority shall send an itemized bill
of the cost of construction to the owner of the property to which
the connection has been made, which bill is payable immediately. If
the owner fails to pay the bill within 30 days, the Township or the
Authority shall, within six months of the date of completion of the
connection, file a municipal lien for the cost of construction, a
ten-percent surcharge thereon and applicable interest penalties.
It shall be unlawful for any owner or occupier
of any property adjoining or adjacent to the sewer system to employ
any means for disposal of acceptable sanitary sewage (as determined
by the Authority's rules and regulations) other than into and through
the sewer system.
No privies, cesspools, sinkholes, septic tanks
or other receptacle for human excrement shall at the present time
or any time in the future be connected with the sewer system.
No person, firm or corporation shall connect
to the sewer system until the following has been complied with:
A.
Application shall be made to the Authority, as the
municipality's agent, upon a form supplied by the Authority for permission
to connect to the sewer system. A separate application form must be
completed for each individual unit intended to be provided sewer service
and said application(s) shall fully describe the character and use
of each unit.
B.
Payment of the Act 203 fee imposed by the Authority
shall be made by the owner for each equivalent dwelling unit to be
connected to the sewer system at the time of making application therefor.
The method of determining an EDU and calculation of multiple EDU's
is covered by the rules and regulations of the Authority.
C.
No work shall be done prior to the payment of said
fee(s) and until the applicant has familiarized himself or herself
with the Authority rules and regulations relating to completion of
an acceptable building sewer, including but not limited to materials,
fittings, installation, backfilling, inspection and testing, particularly
as the construction relates to the elimination of inflow and infiltration.
D.
At least 24 hours' notice of the time when a connection
is to be made shall be given to an inspector designated by the municipality
or the Authority so that said inspector can be present to inspect
the building sewer line. Such inspection shall include witnessing
the testing as required by the Authority rules and regulations, as
performed by the applicant, and determining that the building sewer
complies with all requirements as to the proper construction and elimination
of all sources of inflow and infiltration. If the building sewer passes
all tests, the inspector shall signify his approval by endorsing his
name and the date of approval on the application in the possession
of the owner or occupier. Said application shall contain language
that the owner understands the requirement of elimination and exclusion
of inflow and infiltration, and thereafter will not make any modifications
to the plumbing and drainage without the knowledge, inspection and
approval of the Authority.
E.
At the time of inspection, the inspector shall be permitted complete access to all sanitary and drainage arrangements and facilities in each building and in and about all parts of the property in order to determine the nature and extent of the piping network to be connected to the Authority's sewer system. No preexisting sewer drainage piping may be connected to the applicant's new building sewer until such preexisting piping has passed the required tests as specified in Subsection F and the rules and regulations of the Authority. No building sewer line shall be backfilled or in any manner concealed until after approval by the inspector.
F.
Testing requirements must meet or exceed those as
contained in the most current edition of the BOCA National Plumbing
Code or the CABO One- and Two-Family Dwelling Code.
G.
No approved sewer may be extended, altered, repaired,
replaced and/or tampered with in any way without notice to the Authority.
Subsequent to any alteration of any sewer connection, retesting, in
accordance with the Authority's rules and regulations, is required.
In addition, retesting to ensure continued compliance with the rules
and regulations shall be performed at any time necessary based upon
inspections by the Authority or municipality.
The construction of all building sewer lines
to the lateral of the sewer system shall be done at the sole expense
of the owner. Said construction shall be done to eliminate all sources
of I & I, in accordance with the specifications, plans and procedures
established by the municipality and the Authority as set forth in
the Authority's sewer system rules and regulations, as the same may
from time to time be published and amended, copies of which, upon
adoption, shall be maintained on file with the Municipal Secretary
and the Authority.
It shall be unlawful for any person, firm or
corporation connected to the sewer system 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 sewer system any stormwater,
foundation water, spring water, surface water, any unacceptable sewage
or industrial waste (as determined by the Authority's rules and regulations)
or any sewage or industrial waste from any property, building or unit
other than that for which an application has been made.
A.
In addition to any penalty hereinabove prescribed,
any person or persons failing to make a proper connection within the
time specified after due notice shall be subject to prosecution in
accordance with the Pennsylvania Rules of Criminal Procedure for the
enforcement of summary offenses. Upon conviction of the same, said
person shall pay a fine not to exceed $1,000 and may be imprisoned
in the Cambria County Jail for a period not to exceed 90 days. Each
day or portion thereof for which said violation is found to exist
shall constitute a separate offense hereunder.
B.
Any person or persons violating any other provision
of this article (other than a failure to connect) shall be prosecuted
as hereinbefore set forth and 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.
[Amended 1-4-2000 by Ord. No. 272]
C.
For purposes of enforcement of this article, the Authority
is hereby empowered to make the initial determination of article violation
and is similarly empowered to serve the notice of violation.
