[Adopted 9-3-2002 by Ord. No. 2002-8]
It is the intent of this article to establish
and impose connection charges, sewer rents and meter rates for connection
to the Township's public sewer system (sewer system), to preclude
certain prohibitive discharges, to provide for measuring devices for
industrial uses, to establish installation and connection requirements,
permit regulations, enforcement provisions, an appeal procedure and
penalties for violations in those areas of the Township where connection
to a public sewer system is available or is required. The Township
shall have the authority to delegate collection of sewer rates and
charges provided for herein to a third party selected by the Township
Supervisors subject to a written agreement pertaining thereto.
Article IV of this Chapter 105 and all sections and subsections thereof shall apply to and be enforceable against all persons, owners and users of the sewer system, both within and without the territorial jurisdiction of Thornbury Township, including those persons, owners and users connected to the sewer system pursuant to municipal agreement between the Township and other political subdivisions.
There is hereby imposed upon each owner of each
property connecting to the sewer system a connection charge of $190,
plus a fee of $10 for the cost of inspection, for each connection
made to the sewer system. The connection charge shall be due and payable
at the time application is made to the Township to make any connection
to the sewer system or upon the date when the Township shall connect
any such property to the sewer system, at the cost and expense of
the owner, if such owner shall have failed to make such connection
as required by the Township ordinance, then in effect, requiring such
connection.
There is hereby imposed upon each property served by the sewer system and having the use thereof quarterly sewer rents or charges, payable, as hereinafter provided, for the use, whether direct or indirect, of the sewer system, based on the schedules of classifications and rates or charges hereinafter set forth. Sewer rents shall also be due and payable in accordance with the sewer rates established in §§ 105-23 and 105-24 by each property owner required to connect to the sewer system as provided for in § 105-3 of this chapter, regardless of whether such property has been physically connected to the sewer system. It is the intention of this section that any owner who, in violation of this article, fails to timely connect his property to the sewer system when such connection is required shall pay the required sewer rents as compensation for the availability of sewer service.
The flat or metered rates for sewer classifications
other than industrial establishments shall be as follows:
A.
Each private dwelling or living unit: $45 per quarter.
B.
Each firehouse or municipal building: $45 per quarter.
D.
Each public or private school: $10.85 per year per
pupil, based upon the daily average number of pupils enrolled on days
when the school was in session during the full school term immediately
preceding the date of each quarterly bill. Teachers and employees
shall be classified as pupils for sewer rental purposes.
E.
Each hospital, convalescent home and institution:
$16.35 per quarter per patient, with a minimum charge of $140 per
quarter, based upon the daily average number of patients for the quarter
immediately preceding the date of each quarterly bill. Guests and
employees shall be classified as patients for sewer rental purposes.
F.
Each retail gas station: $144 per quarter.
G.
Each commercial establishment, other than those enumerated
above, not regularly dispensing food or beverages for consumption
on the premises or discharging industrial waste: $60 per quarter,
plus $3 per 1,000 gallons of water used in excess of 20,000 gallons
per quarter.
H.
Each commercial establishment, other than those above,
which regularly dispenses food or beverages for consumption on the
premises or discharging industrial waste: $75 per quarter, plus $3
per 1,000 gallons of water used in excess of 20,000 gallons per quarter.
I.
Multiple use: Where there is a combination of private dwelling or living units of any number located in one building or a combination of one or more such dwelling or living units with one or more commercial establishments located in one building and each such unit or establishment has the use of the sewer system through or by means of one sewer connection to the building housing the multiple-dwelling units or combined uses, then the sewer rate for each dwelling or living unit shall be $45 per quarter and the sewer rate for each commercial establishment shall be $60 per quarter. The Sewer Manager may require the owner of the commercial establishment to install a separate meter for the commercial establishment, in which event a separate metered sewer rental charge shall be due and payable in accordance with the metered sewer rates as established in § 105-24 of this article.
J.
Each motel or hotel: $16.75 for each motel room, hotel room or suite per quarter. Where a restaurant, barroom or other facilities are conducted in connection with any motel or hotel, a separate metered sewer rental charge shall be due and payable in accordance with the metered sewer rates as established in § 105-24 of this article.
K.
Rooming house: $45 per establishment, plus $16.75
for each separate living quarters for each roomer, whether or not
occupied. Employees shall be classified as roomers for sewer rental
purposes.
L.
Each restaurant, barroom or other commercial establishment
not otherwise classified herein, which regularly dispenses food or
beverages: $3.65 per quarter per employee, based upon the daily average
number of employees for the quarter immediately preceding the date
of each quarterly bill, plus $3.65 per quarter for each seat provided
for customer use, provided that there shall be a minimum charge of
$144 per quarter.
A.
Sanitary sewage.
(1)
The quarterly sewer rents or charges shall be computed
on the basis of the gallonage of water usage per quarter, as evidenced
by meter readings taken by or for the water supplier for the purpose
of measuring and calculating water supplied by or purchased from the
water supplier and such other meters or measuring devices as may be
installed pursuant to the provisions and requirements of this article,
and shall be subject to the minimum charges as herein provided as
follows:
|
Quantity of Water Used
(gallons per quarter)
|
Quarter Rates
(per thousand gallons)
| |
|---|---|---|
|
First 200,000
|
$3.00
| |
|
Second 400,000
|
$2.40
| |
|
Next 200,000
|
$1.85
| |
|
Over 800,000
|
$1.00
|
(2)
The Sewer Manager shall require the owner of each
such commercial establishment and industrial establishment to install
a water meter for each connection to the sewer system. Such meter
shall be installed within 60 days after written notice to such owner
requiring such installation. The Sewer Manager may extend the date
for such installation upon justifiable cause shown. Pending connection
of the required water meter, the minimum quarterly charge for sanitary
sewage service to industrial establishments and commercial establishments
shall be $4.30 per quarter per employee, based upon the daily average
number of employees for the quarter immediately preceding the current
quarter for which the bill is rendered, but in no event shall the
minimum charge be less than $60 per quarter.
B.
Industrial waste.
(1)
In the event that the Township consents to accept
industrial waste into the sewer system, charges will be made for sewage
consisting in whole or in part of industrial waste, which sewage has
total suspended solids and biochemical oxygen demand in excess of
the following concentrations:
(2)
The total charge for sewage having concentrations
in excess of the foregoing shall be determined in accordance with
the following formula:
|
Total charge = Q + 0.001 Q (BOD in ppm - 250)
+ 0.001 Q (SS in ppm - 300)
| |
|---|---|
|
Where:
| |
|
Q = Metered quantity charge (§ 105-24).
| |
|
SS = Suspended solids.
| |
|
Ppm = Parts per million.
|
A.
The Township shall have the right to refuse connection to the sewer system or to disconnect a sewer or to compel pretreatment of any waste, including industrial wastes, by an industrial establishment or a commercial establishment in order to prevent discharge into the sewer system of any such waste deemed to be harmful to the sewage collection system or the sewage treatment plant or deemed to have a deleterious effect on sewage treatment or the sludge handling processes or deemed to in any way affect, impair or interfere with the Township's agricultural utilization of its sewage sludge for land application as part of normal farming operations. For purposes of agricultural utilization, the Township Supervisors may, from time to time, by resolution, promulgate regulations governing standards to be applied in determining impairment of agricultural utilization of sewage sludge and, in addition, promulgate prohibitions against specific types or strengths of industrial or other wastes or other substances (in addition to those set forth in § 105-26) which are harmful to the sewage collection system, or which are prohibited from discharge to any interceptor or treatment facility to which the sewer system is or is to be connected, or in any disposal facility connected to or utilized by the sewer system. Such prohibitions may be modified from time to time by the Township, and any sewer permit issued shall, by virtue hereof, be subject to such standards, specifications and prohibitions in effect from time to time.
B.
The owner of any property on which is located and
conducted any commercial or industrial establishment which uses any
one or more of the controlled metals, compounds or substances designated
by resolution of the Township as subject to this subsection and which
is serviced by and connected to the sewer system shall, within 60
days of the effective date of this subsection, install a sampling
manhole into which all sewer lines carrying sanitary or industrial
waste must flow, together with appurtenant parts and structures as
specified in Specifications for Sewer Manholes, promulgated by resolution
of the Township, and a flow meter, recorder, sampler, measuring flume
and all accessories to make a complete wastewater sampling and flow
recording station capable of continuous operation, as specified in
Specifications for Sewer Waste Water Flow Meter and Sampler System
promulgated by resolution of the Township. The required installations
shall be installed and maintained in good and safe operating condition
by the owner at his expense. The Sewer Manager or anyone acting under
his direction and control shall have the right of entry to such facilities
to collect samples, to measure flows and to make inspections at any
time.
C.
The analysis of wastes, including industrial wastes, shall be determined in accordance with the current and latest edition of Standard Methods for the Examination of Water and Waste Water, published by the American Public Health Association, and, if required by the Pennsylvania Department of Environmental Protection, the current standard testing procedures mandated by the Department and/or, if applicable, the current standard methods mandated by the Federal Environmental Protection Agency. Sampling and analysis shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and sewage sludge and to determine the existence of hazards to the environment and to those systems and applications designated in § 105-25A. Samples for testing shall be taken at the control sampling manhole and at such other manholes as determined or required by the Sewer Manager.
D.
Industrial wastes may be discharged into the sewer system but only upon prior written permit issued by the Township. Application for any such permit shall be accompanied by such information relating to the nature or character of the industrial waste proposed to be discharged into the system, including, without limitation, a detailed engineering report in respect thereto prepared by a registered engineer or engineering firm, an analysis of the wastes proposed to be discharged and such other information as the Township, by regulation, may, from time to time, require. The reports, analysis and information required by regulation shall, thereafter, be submitted biannually and/or upon any change in or addition of the metals or compounds utilized by the industrial or commercial establishments which are designated and regulated by resolution as described in Subsection B of this section, or subsequent resolutions adopted by the Township. Any permit issued under this section shall be conditioned upon compliance with such reasonable restrictions as the Township or the Sewer Manager, acting in his representative capacity, may impose, including, without limitation, requirements for the establishment of facilities for the pretreatment and prescreening of wastes, the construction of flow-equalization facilities to assure a uniform rate of discharge and the installation of the facilities and sampling devices mandated by § 105-25B. Interceptors shall be provided before or after the issuance of a permit or at any time when they are required by the Township for the proper handling of liquid industrial wastes. All such interceptors shall be of a type and capacity approved by the Township and shall be so located as to be readily and easily accessible for cleaning and inspection. All such required facilities and interceptors shall be maintained continuously in a safe, satisfactory and effective operating condition at the expense of the owner. The Township may, from time to time, adopt and promulgate standards and regulations governing requirements and procedures under this subsection. Operation, maintenance, recordkeeping and testing of specimen samples of wastes, including industrial wastes, discharged into the sewer system shall be the responsibility of the owner at his expense, subject to certain minimum standards and report procedures promulgated and adopted, from time to time, by the Township.
E.
The Township shall inspect the facilities of any user
of the sewer system to ascertain whether the purposes of this article
are being met and all requirements are being complied with. The term
"user" shall include the owner or occupant of any residence, commercial
establishment or industrial establishment. Persons or occupants of
premises where wastewater is created or discharged shall allow the
Township or its representatives ready access at all reasonable times
to all parts of the premises for the purposes of inspection, sampling,
records examination or in the performance of any of their duties.
The Township shall have the right to set up on the user's property
such devices as it determines are necessary to conduct sampling inspection,
compliance monitoring and/or metering operations. Where a user has
security measures in force which would require proper identification
and clearance before entry into the user's premises, the user shall
make necessary arrangements with its security guards so that, upon
presentation of suitable identification, personnel from the Township
will be permitted to enter, without delay, for the purposes of performing
inspections and other duties required by this subsection, provided
that, in case of emergency, inspections shall be permitted at any
time determined necessary by the Sewer Manager.
In addition to the foregoing, all persons are
specifically prohibited from discharging into the sewer system any
of the following waters, waste or wastewaters:
A.
Any liquid or vapor having a temperature higher than
150° F. (65° C.).
B.
Quantities of flow or concentrations, or both, which
constitute slugs. "Slug" shall mean any discharge of water or wastewater
which, in concentration of any given constituent or in quantity of
flow, exceeds for any period of duration longer than 15 minutes more
than five times the average twenty-four-hour concentration or flow
during normal operation and shall adversely affect the sewer system
and/or performance of the wastewater treatment works.
C.
Any stormwater, surface water, groundwater, water
discharged through or from a sump pump or a floor drain (except as
permitted by § 105-13.1 of this chapter), water from roof
runoff, subterranean water, cooling water or unpolluted industrial
process water.
D.
Any garbage, except garbage properly ground in a garbage-grinding
device approved by the Sewer Authority, which said device shall induce
sufficient dilution water to carry the garbage after grinding in suspension
so as to prevent obstruction or restriction of the flow of said garbage
or sewage.
E.
Any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, paunch manure or any other
solid or viscous substance capable of causing obstruction to the flow
in the sewer system or to any interceptor, treatment and disposal
facilities to which the sewer system is or is to be connected or other
interference with the proper operation of the sewer system or the
aforesaid treatment facilities.
F.
Any waters or wastes having a corrosive property capable
of causing damage or hazards to structures, equipment or personnel
of the sewer system or the aforesaid treatment facilities.
G.
Any waters or wastes containing a toxic or poisonous
substance in sufficient quantity to injure or interfere with any sewage
treatment process, constitute a hazard to humans or animals or create
any hazard in the receiving waters of the sewer system or the aforesaid
treatment facilities. Toxic wastes shall include wastes containing
cyanide, copper and/or chromium ions.
H.
Any waters or wastes containing total solids of such
character and quantity that unusual attention or expense is required
to handle such materials at the sewage treatment works, except as
such waters or wastes may be approved by the owner or lessee of the
aforesaid treatment facilities.
I.
Any exhaust steam, oils, grease, gas, benzine or other
combustible gases or liquids, offal, insoluble solids or other dangerous
or harmful substances which would adversely affect the functioning
of the sewer system or the process of sewage treatment.
J.
Any metals or compounds in excess of the concentrations
limitation imposed from time to time by regulation promulgated and
adopted by the Township.
K.
No person, owner or user of the sewer system shall,
at any time, increase the use of process water or, in any way, attempt
to dilute a discharge into the sewer system as a partial or complete
substitute for adequate treatment in order to achieve compliance with
the limitation contained in the pretreatment standards established
in or pursuant to this article, or in any other pollutant-specific
limitation imposed by this article or by any regulation adopted pursuant
to this article.
L.
Gas stations and garages are required to provide oil
interceptors of the types Series GA, GX, GNC or GRC, of Josam Manufacturing
Company, Michigan City, Indiana, or equivalent, in the proper location
where the dangerous liquids are to be intercepted.
M.
Restaurants or other commercial establishments as
directed are required to provide grease interceptors of the type Series
J of the Josam Manufacturing Company or equivalent.
N.
Direct discharge of process water from an automatic
or manually operated car wash facility for the washing of any type
of motorized vehicles, such as automobiles and trucks, regardless
of whether such facility is operated as a primary commercial enterprise
or as accessory to another principal use, unless the design and operation
of the facility includes and utilizes a recycling filtration system
designed and operated in accordance with manufacturer's specifications
to allow the reuse of wash water as an integral part of the car wash
operation. Prior to discharging recycled process water to the sanitary
sewer system, the owner shall apply for and receive from the Sewer
Manager a written discharge permit, which shall specify compliance
with the pollutant limitations specified by Resolution adopted by
the Board of Supervisors from time to time. Sludge particulates and
inert materials captured by the recycling filtration process shall
not be discharged to the sewer system but must be removed and disposed
of by the owner at a site approved by the regulatory agency having
jurisdiction.
A.
Suspension of wastewater treatment service and/or
permits.
(1)
Harmful contributions. The Township is empowered
herewith to suspend the wastewater treatment service and/or any permit
issued by the Township pursuant to this chapter when such suspension
is necessary, in the Township's opinion, to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons, to the environment,
causes interference with the Township's sewage collection, processing
and disposal system or causes the Township to violate any condition
of a state or federal permit issued to it in conjunction with the
Township's sewage system or its disposal processes.
(2)
Any person notified of a suspension of his wastewater treatment service or of any permit shall immediately stop or eliminate the prohibited discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the Township shall take such measures as it deems necessary, including immediate severance of the sewer connection, to prevent or minimize interference with or endangerment of its sewer system determined in § 105-25A or endangerment to any individuals. The Township shall reinstate the wastewater permit and/or the wastewater treatment service upon satisfactory proof issued to the Township by the user of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the Township within 15 days of the date of the occurrence.
B.
Revocation of permit. Any user who violates any of the following conditions, any other section or subsection of this chapter or any applicable state and federal regulations is subject to having the user's permit revoked in accordance with the procedures of Subsection C of this section:
(1)
Failure of a user to factually report the wastewater
constituents and characteristics of its discharge.
(2)
Failure of the user to report significant changes
in operations or wastewater constituents and characteristics.
(3)
Refusal of access to the user's premises for
the purpose of inspection or monitoring, with respect to the provisions
and requirements of this chapter or of any regulations or standards
adopted hereunder.
(4)
Violation of conditions of a permit issued hereunder.
C.
Notification of violation and hearing.
(1)
Whenever the Township determines or has reason
to believe that any user has violated or is violating this chapter,
a permit or the conditions thereof issued under this chapter or any
prohibition, limitation, standard or requirement contained or adopted
pursuant to this chapter, the Township may serve upon such person
a written notice stating the nature of the violation. Within 30 days
of the date of such notice, a plan for the satisfactory correction
thereof shall be submitted to the Township by the user.
(2)
The Township may order any user who causes or
allows an unauthorized discharge to enter the sewer system to show
cause before the Board of Supervisors why a proposed enforcement action
should not be taken. The notice shall be served on the user, specifying
the time and place of the hearing to be held by the Board regarding
the violation, the nature of the violation and the proposed enforcement
action and directing the user to show cause before the Board why the
proposed enforcement action should not be taken. All testimony shall
be taken under oath and recorded stenographically. The transcript,
so recorded, will be made available to any party thereto, at cost.
The Board is empowered to issue subpoenas to compel the attendance
of witnesses and the production of documents in any such hearing.
(3)
In any such hearing, the burden of proof to show cause shall be upon the user. If warranted by the evidence, the Township may issue an order to the user responsible for the discharge directing that, following a specified time period not to exceed 30 days, the sewer service be discontinued unless the violation is completely corrected within such time as ordered by the Board. Nothing in this section shall be construed to prohibit the Township's immediate suspension of wastewater treatment services or the immediate suspension of any wastewater permit or the disconnection of any sewer lateral to prevent discharges into the sewer system as described in § 105-25A or 105-26A through J or for failure to install the facilities required by § 105-25B.
A.
Methods of measuring volume.
(1)
Whenever a person purchasing all water used from a
water supplier discharges sanitary and/or industrial waste into the
sewer system, the volume of water used, as determined from meter readings
made by or made available to the Township, shall be used in computing
the sewer rentals.
(2)
In cases where persons have sources of water supply
in addition to or other than from the water supplier and discharge
sanitary sewage and/or industrial waste into the sewer system, those
persons may provide a meter on such additional or other source of
supply. The total amount of water used as shown by these meter readings
will be used in computing the sewer rentals. If no such meter is installed,
the Sewer Manager shall estimate the total amount of water used for
the purpose of determining the sewer rentals.
(3)
In cases where persons use water from the water supplier
and/or from any other source such that all or any part of the water
so used is not discharged into the sewer system, the quantity of water
used to determine the sewer rentals shall be computed by one of the
following methods:
(a)
Method No. 1: by placing a meter or measuring
device on the sewer connection. The readings from this meter or measuring
device shall be used in computing the sewer rentals.
(b)
Method No. 2: by placing a meter or measuring
device on the effluent not discharging into the sewer system. The
reading from this meter or measuring device will then be deducted
from the total water meter readings and the remainder shall be used
in computing the sewer rentals.
(c)
Method No. 3: When, in the opinion of the Sewer
Manager, it is not appropriate or not practical to install devices
to continuously determine the quantity of water not discharged to
the sewer system, the Sewer Manager will determine, in such manner
and by such method as he may prescribe, the percentage of metered
water discharged into the sewer system and the quantity of water used
to compute the sewer rentals shall be the percentage so determined
of the quantity measured by the water meter or meters. Any dispute
as to the estimated amount shall be submitted to the Township after
notice of the estimate, whose decision on the matter shall be final
for the current calendar year.
B.
Measuring devices. All meters or measuring devices
not provided by the water supplier but otherwise used under the provisions
of this article may be furnished and installed by the Township at
the expense of the property owner and shall be owned by and under
the control of the Township and may be tested, inspected or repaired
by Township employees whenever deemed necessary. The owner of the
property upon which such measuring device is installed shall be responsible
for its maintenance and safekeeping, and all repairs thereto shall
be made by the Township at the property owner's expense, whether such
repairs are made necessary by ordinary wear and tear or other causes.
Bills for such installation and repairs shall be due and payable at
the same time and collected in the same manner as are the bills for
sewer services. Such bills from and after their due date shall constitute
a lien upon the property upon which such measuring device is installed.
C.
Meter reading. The Township shall be responsible for
the reading of all meters or measuring devices, unless such readings
are otherwise made available to the Township by the water supplier,
and they shall be made available to Township employees for meter reading
at any reasonable time.
If use or classification of any property should
change within any quarter, the difference in sewer rental, prorated
on a monthly basis to the nearest calendar month, will be charged
or credited, as the case may be, on the bill for the succeeding quarter.
Additional classifications and additional sewer rentals may be established
by the Township from time to time.
Sewer rentals or charges shall be paid quarterly, and quarterly billings for sewer rentals shall be made by bills dated on the first days of January, April, July and October of each year, for the quarterly calendar period immediately preceding the date of the bill. The bills for sewer rentals under § 105-23 for the first quarter during which a property is connected will be prorated on the basis of the quarterly rate. All bills shall be due and payable on their respective dates.
A.
Quarterly charges for sewer rent or other charges
shall be subject to a penalty of 10% if not paid by the last day of
the month in which the bill is dated; and if the quarterly installment
plus penalty is not paid by the last day of the second month after
the date of the bill, to the aggregate amount thereof, there shall
be added and due an additional penalty equal to 3/4 of 1% per month,
or fraction thereof on the unpaid balance thereof until paid. Where
payment is made by mail, if the payment bears a United States postmark,
the date of payment shall be deemed to be the postmarked mailing date.
The penalties provided for in this section shall be concurrent with
and not exclusive of all other remedies available to the Township
for the collection of such sewer rents and charges. All unpaid sewer
rents and charges, together with penalties thereon, and all costs
incurred by the Township and authorized by Township ordinance to be
imposed and collected in connection with unpaid and delinquent sewer
rents and charges shall be a municipal claim and, when filed with
the proper public office, shall constitute a lien on the property
served for which the sewer rents and charges have been imposed. Interest
at the rate of 6% per annum is hereby imposed and shall be collected
on all sewer rents and charges from and after the date of the filing
of the municipal lien therefor in the manner provided for in the Pennsylvania
Tax and Municipal Lien Law.[1]
[1]
Editor's Note: See 53 P.S. § 7101
et seq.
B.
Bills for sewer rents or charges shall be paid by
the owner of the property and mailed to the address specified in the
application for the permit to make the sewer connection to the property
to be served by sewer service, unless and until a different address
is specified, in writing, by the owner of such property to the Township.
Failure of the owner to receive a bill as a result of an incorrect
address or otherwise shall not excuse payment of sewer rents or charges
or extend the time for payment thereof. It shall be incumbent upon
all persons connected to the sewer system to provide the Township
with the correct billing address or any changes thereto.
C.
All sewer rents not paid by the last day of the month
on which the bill is dated shall be deemed to be delinquent. All delinquent
sewer rents, together with penalties, charges and costs thereon, shall
constitute a municipal claim against the property or properties served
by the sewer service from the date the same first became due and payable.
If such sewer rents, penalties and charges are not timely paid, the
Township shall file a municipal lien against the property served pursuant
to the procedure established in the Pennsylvania Tax and Municipal
Lien Law,[2] and such lien shall be collected in the manner provided
for by law for the filing and collection of such municipal liens.
In addition, the Township may collect all delinquent sewer rents,
penalties and charges by action in assumpsit, or in any other manner
or by any proceeding otherwise provided for by law. All of the Township
remedies shall be cumulative.
[2]
Editor's Note: See 53 P.S. § 7101
et seq.
Every owner or operator of a rooming house, apartment house or other multifamily structure shall, on or before July 1 of each year, register with the Secretary of the Township, on a form to be provided, indicating the number of roomers or dwelling units in each such rooming house, apartment house or other multifamily dwelling. Such registration shall also be required for multiple uses described in § 105-23 hereof.
A.
Any person owning property accessible to the sewer
system and upon which there is an occupied building shall, at his
own expense, install sanitary facilities in such building and connect
the same to the public sewer within 60 days after publication of or
receipt of notice from the Township.
B.
Any person owning property accessible to the sewer
system and upon which an occupied building is hereafter erected shall,
at the time of erection and at his expense, install sanitary facilities
in such building and connect the same to the sewer system.
C.
Persons owning properties not accessible to the sewer
system and upon which there are occupied buildings more than 150 feet
from such sewer system and persons owning properties not accessible
to the sewer system, who are nevertheless able to arrange for connections
thereto through intermediate properties, shall be permitted to make
such connection.
A.
It shall be unlawful for any person owning or occupying a property on which there is a building required to be connected to the sewer system under the provisions of § 105-32 hereof to construct or use on such property any privy, privy vault, cesspool, septic tank or other device for the disposal of sanitary sewage, and any such prohibited devices shall be cleaned and filled in with clean soil or gravel within 90 days following the date on which the connection is required to be made or, in the case of failure of connection, within 90 days of notice by the Township, provided that reinforced concrete septic tanks must be cleaned within said period but need not be filled.
B.
Any such privy, privy vault, cesspool, septic tank
or other device constructed or used in violation hereof is hereby
declared to be a nuisance, which shall be, abated as provided by law.
No connection shall be made to any sewer system
except upon payment of the prescribed connection fee and upon permit
issued by the Authority pursuant to its rules and regulations regarding
connections, and as approved by the Township. No person shall make
any connections with or opening into, use, alter or disturb any part
of the sewer system or appurtenances thereof without first obtaining
a written permit from the municipal authority.
If any person shall be required to make connection
to the sewer system pursuant to the provisions of this article and
fails to do so after reasonable notice and opportunity, and in any
event within 90 days of such notice, the Township may proceed as permitted
by law to enter upon the property, make such connection and collect
the cost thereof by municipal lien or otherwise. Interest at the rate
of 10% per annum is hereby imposed and shall be collectible on such
municipal claim from the date of the completion of the work after
it is filed as a lien.
A.
All sewer permits heretofore or hereafter issued shall
expire six months from the date of adoption of this article or six
months from the date of issuance of such permit, whichever shall first
occur, unless a use and occupancy permit is applied for prior to such
expiration date and issued within 15 days thereafter.
B.
After expiration of any permit, the same shall be
deemed null and void for all purposes. The capacity of the Township
and, to the extent of available capacity, the previous permit holder's
reapplication shall be deemed a new application for all purposes.
C.
No refund of any tapping fee or other fee paid to
secure said permit shall be made to any permit holder after the expiration
of the said permit or upon surrender or revocation of same during
the life of said permit.
The funds received by the Township from the
collection of the connection charges and from sewer rentals and all
penalties thereon, as herein provided for, shall be segregated and
kept separate and apart from all other funds of the Township and shall
be used only for the purpose of defraying the expenses of the Township
in the operation, maintenance, repair, alteration, inspection, depreciation
or other expenses in relation to such sewer system and for such payments
as the Township may be required to make under any lease or agreement
it may enter into in connection with or the financing of the sewer
system, in accordance with the provisions of the Act of May 2, 1945,
P.L. 382, as amended.[1]
[1]
Editor's Note: See 53 Pa. C.S.A. § 5601
et seq..
The Township reserves the right to and may,
from time to time, adopt, revise, amend and readopt such rules and
regulations as it deems necessary and proper for the use and operation
of the sewer system, and all such rules and regulations shall be and
become a part of this article.
A.
Any person who violates or permits the violation of
any provision of this article shall, upon conviction thereof in a
summary proceeding brought before a District Justice under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be subject to the payment of a fine of not less than $100 and not
more than $1,000, plus the costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment in the county
prison for a term of not more than 30 days. Each section or provision
of this article that is violated shall constitute a separate offense,
and each day or portion thereof in which a violation of this article
is found to exist shall constitute a separate offense, each of which
violations shall be punishable by a separate fine imposed by the District
Justice of not less than $100 and not more than $1,000, plus the costs
of prosecution, or upon default of payment thereof, the defendant
may be sentenced to imprisonment in the county prison for a term of
not more than 30 days. All fines and penalties collected for the violation
of this article shall be paid to the Township Treasurer.
The following procedures shall control an application
for reconsideration, rehearing or appeal to the Township from a determination
thereof with respect to construction, application or enforcement of
this chapter:
A.
Any permit applicant, permit holder, authorized industrial wastewater discharger or other discharger, adversely affected by any decision, act or determination (decision) made by or on behalf of the Township by the Sewer Manager, his authorized representative or any Township regulatory body having jurisdiction, in the interpretation or implementation of the provisions of this article, or of any permit issued hereunder, may file with the Township Review and Appeals Board, at the Township administrative offices, a written appeal therefrom, in triplicate, and delivered in person or by certified mail, return receipt requested, within 30 days of the date of such decision. Such appeal shall be accompanied by a filing fee in the sum of $500, which shall be held in an escrow account by the Township and disbursed to cover the cost of all expenses incurred in the appeals process. Such request for reconsideration shall contain the name and address of the appellant, all of the information and data required by § 105-25D, Chapter 105, Thornbury Township Code, adopted and promulgated thereunder, together with such information as may be required hereafter by subsequent resolutions adopted by the Township, and a brief statement setting forth the factual basis for the appeal and the specific grounds therefor. Any request for reconsideration which does not strictly comply with the foregoing requirements shall not be accepted for filing and shall be returned forthwith to the appellant.
B.
Within 15 days of the Township's receipt of a request for reconsideration which complies with Subsection A hereinabove, the Review and Appeals Board shall notify the appellant, in writing, of the time and place for the hearing upon the request. Such hearing shall be conducted by the Review and Appeals Board not less than 15 nor more than 30 days after the request for reconsideration has been timely and properly filed. The Board shall conduct such hearings and make decisions in accordance with the following requirements:
(1)
The hearings shall be conducted by a majority of the
Board or the Board may appoint any member as a Hearing Officer. The
decision shall be made by the Board, but the parties may waive decision
by the Board and accept the decision of the Hearing Officer as final.
(2)
The Township and the Sewer Authority shall be automatic
parties to the proceedings before the Board.
(3)
The Board or the Hearing Officer presiding shall have
power to administer oaths and issue subpoenas to compel the attendance
of witnesses and the production of relevant documents and papers,
including witnesses and documents requested by the parties.
(4)
The parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and argument and cross-examine adverse witnesses on all relevant
issues.
(5)
Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
(6)
A stenographic record of the proceedings and a transcript
of the proceedings shall be kept and made only if the complete cost
thereof is paid or arranged for by the applicant, in advance of the
hearing.
(7)
The Board or the Hearing Officer, as the case may
be, shall render a written decision within 45 days of the last hearing
before the Board or Hearing Officer. If the hearing is conducted by
a Hearing Officer and there has been no stipulation that his decision
shall be final, the Board shall make his report and recommendations
available to the appellant and the Township, who shall be entitled
to make written representations thereon to the Board prior to the
final decision, and the Board's decision shall be entered not later
than 30 days after the decision of the Hearing Officer. Nothing herein
contained shall prohibit the Board from continuing any hearing, from
time to time, as necessary to accept complete evidence with respect
to any request for reconsideration.
(8)
A copy of the final decision shall be mailed to the
applicant, the Township and the Sewer Authority within 10 days of
its date.
(9)
The burden of proof shall be upon the appellant in
any request for reconsideration; and in order to sustain any such
request, the appellant's proof shall be clear, precise and indubitable.
C.
In passing upon any request for reconsideration, the
Board of Appeals shall consider and shall base its decision upon the
following required guidelines:
(2)
Noncontact process water flow having the designated metals, compounds and/or substances as described in § 105-26J and F, Chapter 105, Thornbury Code, and subsequently adopted resolutions, in a closed-loop system, may not, in the Board's discretion, be required to install a sampling manhole and sampler if all of the following considerations are met:
(a)
No floor drains are located on the property.
(b)
No sump pump connections to the sanitary sewer
are located on the property.
(c)
No connections of holding waste or rinse tanks
to the sanitary sewer are located on the property.
(d)
No stormwater, springwater, groundwater, roof
water runoff, subsurface drainage, building or building foundation
drainage connected or connecting to the sanitary sewer system are
located on the property.
