It is declared that 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. The objectives
of this article are to prevent the introduction of substances other
than effluent into the sewer system in the Township and to provide
a means for the Township to inspect and locate possible sources of
inflow and infiltration into its sewer system and thereby limit the
addition of extraneous water into the Township's sewer system that
may cause the system's hydraulic capacity to be exceeded.
As used in this article, the following terms
shall have the meanings indicated:
INFILTRATION
The water entering a sewer system and service connections
from the ground, through such means as, but not limited to, defective
pipes, pipe joints, connections or manhole walls. Infiltration does
not include, and is distinguished from, inflow.
INFLOW
The water discharged into a sewer system and service connections
from such sources as, but not limited to, roof leaders, cellar, yard
and area drains, foundation drains, cooling water discharges, drains
from springs and swampy areas, manhole covers, cross-connections from
storm sewers and combined sewers, catch basins, stormwater, surface
runoff, street washes or drainage. Inflow does not include, and is
distinguished from, infiltration.
This article shall apply to all users of the
Township's sewer and sewer collection system. Except as otherwise
provided herein, the Sewage Inspection Officer of the Township shall
administer, implement and enforce the provisions of this article.
Nothing contained in this article shall be construed
as preventing any special agreement or arrangement between the Township
and any users within or out of the Township whereby inflow and infiltration
may be accepted by the Township by special agreement, in writing,
executed prior to such acceptance, containing safeguards, limitations
and conditions acceptable to the Township.
The Board of Supervisors shall appoint a Sewage
Inspection Officer empowered to enforce the provisions of this article.
The Sewage Inspection Officer shall perform
free inspections at all properties using the collection system, or
all of those in a particular area, in order to determine sources of
inflow or infiltration into the sewer system. Once a particular area
is chosen, all owners located therein shall be contacted and an inspection
scheduled. The purpose of the inspection shall be to determine whether
or not prohibited substances described herein are being contributed
to the Township sewer system. The scope of the inspection includes
any and all areas in and around a structure on an improved lot relating
to the sewer system and possible video inspection of the building
sewer from the structure to the sewer main. The owner of the property
shall make all areas to be inspected available to the Sewer Inspection
Officer.
[Added 8-26-2003 by Ord. No. 456]
Whenever the Township or Sewage Inspection Officer
has reason to believe that any sewer pipes are cracked or otherwise
defective on a property, or that there is an unlawful discharge or
unauthorized connection to the sewer system on a property, such property
shall be subject to test and inspection. Unlawful discharges, unauthorized
connections or defects found upon such test and inspection, if any,
shall be corrected as required and within the time frame specified
by the Sewage Inspection Officer at the cost and expense of the property
owner. The owner of the property shall make all areas to be inspected
available to the Sewage Inspection Officer.
[Added 8-26-2003 by Ord. No. 456]
If the property owner fails to timely repair
any defect or cease unlawful discharges or unauthorized connections,
as required in writing by the Sewage Inspection Officer, the property
owner shall be subject to a surcharge over and above the normal sewer
rate equal to the ratio of wet weather flow to dry weather flow.
[Added 8-26-2003 by Ord. No. 456]
If the property owner shall deny access to the
property to the Sewage Inspection Officer for either inspection of
the sewer apparatus on the property or detection of unauthorized connections
or unlawful discharges, then the property owner shall be subject to
a surcharge over and above the normal sewer rate equal to the ratio
of wet weather flow to thy weather flow.
The Sewage Inspection Officer shall contact
each owner or person responsible for the property relative to an inspection
date and time.
Any person or entity alleged to have willfully
or negligently failed to comply with any provision of this article
or the orders, rules and regulations issued hereunder or directly
from the Sewage Inspection Officer shall be prosecuted before a District
Justice and, upon conviction thereof, can be subject to a fine of
$1,000 per day for each violation. Each day on which a violation shall
occur or continue to occur shall be deemed to be a separate and distinct
offense.
The Township Solicitor may commence an action
for appropriate legal and/or equitable relief in the Court of Common
Pleas in Montgomery County to recover civil damages, costs, reasonable
attorney fees, court costs and cost of court reporters' transcripts
as well as other expenses of litigation made necessary as a result
of violations of this article or the orders, rules and regulations
issued hereunder or by the Sewage Inspection Officer to be recovered
in an action at law instituted by the Township against the person
alleged to have been responsible therefor.