Unless the context specifically and clearly indicates otherwise,
the meanings of the terms and phrases used in this article shall be
as follows:
AUTHORITY
West Conshohocken Municipal Authority, a municipality authority
incorporated pursuant to provisions of the Municipality Authorities
Act of 1945, approved May 2, 1945, P.L. 382, as amended and supplemented, of the commonwealth.
BOROUGH
The Borough of West Conshohocken, Montgomery County, Pennsylvania,
a municipal corporation of the commonwealth, acting by and through
its Council or, in appropriate cases, acting by and through its authorized
representatives.
BUILDING SEWER
The extension from the sewage drainage system of any structure
to the lateral of a sewer.
IMPROVED PROPERTY
Any property within this Borough 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.
INDUSTRIAL ESTABLISHMENT
Any improved property located within this Borough and 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 property located within this Borough from which
wastes, in addition to or other than sanitary sewage, shall be discharged.
INDUSTRIAL WASTES
Any and all wastes discharged from any industrial establishment,
other than sanitary sewage.
LATERAL
As applicable:
A.
That part of the sewer system extending from a sewer to the
curbline or, if there shall be no curbline, to the property line;
or
B.
That portion of or place in a sewer, including but not limited
to an existing or installed septic tank, which shall be connected
to any building sewer.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
PERSON
Any individual partnership, company, association, sociate,
trust, corporation, municipality, municipality authority or other
group or entity.
SANITARY SEWAGE
Normal water-carried household and toilet wastes from any
improved property.
SEWER
Any pipe or conduit constituting a part of the sewer system,
including but not limited to a septic tank so designated by this Borough,
used or usable for sewage collection purposes.
SEWER SYSTEM
All facilities, as of any particular time, for collecting,
pumping, transmitting, treating and disposing of sanitary sewage and/or
industrial wastes, situate in or adjacent to this Borough and owned
by the Authority and to be leased to this Borough for maintenance,
operation and use.
STREET
Includes any street, road, lane, court, cul-de-sac, alley,
public way or public street.
[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]
Unless otherwise directed by the West Conshohocken Municipal
Authority, the owner of may improved property benefited, improved
or accommodated by a sewer shall connect such improved property with
such sewer, in such a manner as this Borough may require, within 45
days after notice to such owner from the Borough, or the West Conshohocken
Municipal Authority, to make such connection for the purpose of 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 the West Conshohocken
Municipal Authority from time to time.
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under §
93-23, shall be conducted into a sewer subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by the West Conshohocken Municipal Authority from time to time.
[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]
The notice by the Borough or the West Conshohocken Municipal Authority to make a connection to a sewer referred to in §
93-23 shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section hereof 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 45 days after the date such notice is given or served. Such notice may be given or served at any time after a sewer is in place which can receive and can convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be given or served upon the owner in accordance with law.
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 West Conshohocken Municipal Authority.
Application for a permit required under §
93-28 shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
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:
A. Such person shall have notified the Secretary of the West Conshohocken
Municipal Authority of the desire and intention to connect such improved
property to a sewer.
B. Such person shall have applied for and shall have obtained a permit as required by §
93-28.
C. Such person shall have given the secretary of the West Conshohocken
Municipal Authority at least 72 hours' notice of the time when
such connection will be made so that the West Conshohocken Municipal
Authority may supervise and inspect or may cause to be supervised
and inspected the work of connection and necessary testing.
[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]
D. If applicable, such person shall have furnished satisfactory evidence
to the Secretary of the West Conshohocken Municipal Authority that
any connection charge which may be charged and imposed by the Authority
against the owner of each improved property to a sewer has been paid.
[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]
Except as otherwise provided in this section, each individual
building 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 West Conshohocken Municipal
Authority, in writing, shall have been secured and only subject to
such rules, regulations and conditions as may be prescribed by the
West Conshohocken Municipal Authority.
[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]
All costs and expenses of construction of a building sewer and
all costs and expenses of connection of a building sewer to a sewer
shall be borne by the owner of the improved property to be connected,
and such owner shall indemnify and shall save harmless the Borough
and the West Conshohocken Municipal Authority, all elected and appointed
officials of the Borough and the Authority and all agents, consultants
and employees of the Borough and the Authority from all loss, costs,
including construction costs and all legal fees and costs or damage
that may be occasioned, directly or indirectly, as a result of construction
of a building sewer or of connection of a building sewer to a sewer.
Such indemnity shall apply regardless of any negligence of the party
claiming indemnity.
[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]
If the owner of any improved property benefited, improved or accommodated by a sewer, after 45 days' notice from the Borough or the West Conshohocken Municipal Authority, in accordance with §
93-23, shall fail to connect such improved property as required, the Borough or the West Conshohocken Municipal Authority 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.
[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]
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 a building sewer. Said house sewer line shall
only be used upon written documentation from a plumber that the house
line is currently watertight and complies with the applicable Borough
codes, including the plumbing code, and all Authority rules and regulations.
No building sewer shall be covered until it has been inspected
and approved by the West Conshohocken Municipal Authority. If any
part of a building sewer 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.
Every building sewer of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
If any person shall fail or shall refuse, upon receipt of a
notice of the West Conshohocken Municipal Authority, in writing, to
remedy any unsatisfactory condition with respect to a building sewer,
within 45 days of receipt of such notice, the West Conshohocken Municipal
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 West
Conshohocken Municipal Authority.
The West Conshohocken Municipal Authority shall have 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.
[Amended 10-12-2010 by Ord. No. 2010-14, approved 10-12-2010]
A. Any person violating the provisions of this article shall be subject to the provisions detailed in Chapter
53A of the Code of the Borough of West Conshohocken.
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 is necessary for
the protection, benefit and preservation of the health, safety and
welfare of inhabitants of this Borough.