[Adopted 12-5-1985 by Ord. No. 1985-2]
Unless the context specifically and clearly indicates otherwise, the meaning of the terms used in this article shall be as follows:
AUTHORITY
Eastern York County Sewer Authority, a Pennsylvania municipal authority.
BUILDING SEWER
The extension from the sewage drainage system of any structure to the lateral or service connection of a sewer.
IMPROVED PROPERTY
Any property located within Hellam Township and within the area served by the authority upon which there is erected a structure or structures intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure or structures sewage and/or industrial wastes shall be or may be discharged.
INDUSTRIAL WASTES
Any solid, liquid or gaseous substance or form of energy rejected or escaping in the course of any industrial, manufacturing, trace or business process or in the course of the development, recovery or processing of natural resources, as distinct from sewage, excluding any ground, surface or stormwater.
LATERAL
That part of the sewer system extending from a sewer to a point behind the curbline or, if there shall be no curbline, to a point behind the curbline projected.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any improved property located within the area served by the authority within Hellam Township.
PERSON
Any individual, partnership, company, association, society, trust, corporation or other group or entity, public or private.
SERVICE CONNECTION
That portion of, or place in, a sewer, in those cases where no lateral is provided, which is provided for connection of any building sewer.
SEWAGE
Normal water-carried household and toilet wastes from any improved property, excluding any ground, surface or stormwater.
SEWER
Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes.
SEWER SYSTEM
All facilities, as of any particular time, for collecting, pumping, treating and disposing of sewage and industrial wastes.
STREET
And include any street, road, lane, court, alley and public square.
TOWNSHIP
Hellam Township, York County, Pennsylvania.
A. 
Improved properties to be connected to accessible sewers. The owner of any improved property accessible to and whose principal building is within 150 feet from the sewer system shall connect such improved property with such sewer, in such manner as the Township may require, within 60 days after notice to such owner from the Township to make such connection, for the purpose of discharge of all sewage and, to the extent permitted by the authority, industrial wastes from such improved property, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by the authority, from time to time.
B. 
Sewage and certain industrial wastes to be discharged into sewers. All sewage and, to the extent permitted by the authority, industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under Subsection A shall be discharged into a sewer, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by the authority, from time to time.
C. 
Unlawful discharge or deposit of sewage and industrial wastes.
(1) 
No person shall place or deposit or permit to be placed or deposited upon public or private property within the area served by the authority within the Township any sewage or industrial wastes in violation of Subsection B.
(2) 
No person shall discharge or permit to be discharged to any natural outlet within the area served by the authority within the Township any sewage or industrial wastes in violation of Section B except where suitable treatment has been provided which is satisfactory to the authority.
D. 
Unlawful discharge of stormwater, etc. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff or subsurface drainage into any sewer.
E. 
Certain receptacles not to be used on improved property accessible to sewer; abandonment of such receptacles.
(1) 
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used and maintained at any time upon any improved property which has been connected to a sewer or which shall be required under Subsection A to be connected to a sewer, except that with the approval of the authority, such receptacle may continue to be used and maintained solely for the purpose of receiving the discharge of water other than sewage from a basement floor drain and/or other surface of subsurface drainage facility. Under appropriate circumstances, and with the written approval of the authority, existing septic tanks may continue to be used and maintained for the purpose of receiving the discharge of sewage from existing basement facilities where the sewer provided by the authority does not permit the discharge of sewage from such facility by gravity and so long as such septic tank is operable and has not malfunctioned.
(2) 
Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of the authority, shall be cleansed and filled under the observation of the authority; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by the authority, not so cleansed and filled, shall constitute a nuisance and such nuisance may be abated as provided by law, at the expense of the owner of such improved property.
F. 
Certain receptacles and drainage facilities not to be connected to sewer. No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected to a sewer. No surface or subsurface drainage facility shall at any time be connected to a sewer.
G. 
Notice to connect; service. The notice by the Township to make a connection to a sewer, referred to in Subsection A shall consist of a written or printed document requiring the connection and referring to this article and may be given at any time after a sewer is in place which can receive and convey sewage and, to the extent permitted by the authority, industrial wastes, for treatment and disposal from the particular improved property. Such notice shall be served upon the owner by the Township Supervisor, or by the authority as their agent, either by personal service or by certified or registered mail or by such other method as at the time may be provided by law.
A. 
Permit to connect to sewer required. No person shall uncover, connect with, make any opening into or use, alter or disturb in any manner any sewer or any part of the sewer system without first obtaining a sewer connection permit, in writing from the authority.
B. 
Application by owner. Application for a permit required under Subsection A shall be made by the owner of the improved property served or to be served.
C. 
Certain conditions to be met prior to making of connection to sewer. No person shall make or cause to be made a connection of any improved property with a sewer until such person shall have fulfilled each of the following conditions:
(1) 
Such person shall have notified the authority of the desire and intention to connect such improved property to a sewer.
(2) 
Such person shall have applied for and obtained a permit as required by Subsection A of this article and shall have paid all required permit and/or inspection fees.
(3) 
Such person shall have given the authority at least 24 hours' notice of the time when such connection will be made so that the authority may observe and inspect the work of connection and necessary testing.
(4) 
Such person shall have furnished satisfactory evidence to the authority that any tapping fee or connection charge imposed by Resolution No. 1984-6 of the authority and/or reserve rental charges or fees imposed by Resolution No. 1984-7 of the authority against the owner of each improved property who connects such improved property to a sewer has been paid, or in those cases where the developer connects the building sewer into the sewer system and no tapping fee is charged, that all required permit and/or inspection fees to cover the cost of inspection of each improved property so connected have been paid, or that adequate bond or surety has been provided to insure payment thereof.
D. 
Each improved property to be connected separately; exceptions. Except as otherwise provided in this Subsection D, each improved property 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 authority, in writing, shall have been secured.
E. 
Certain costs payable by property owner; liability thereof. All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to a sewer, including testing, shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and save harmless the Township and the authority from all loss 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.
F. 
Point of connection; manner of connection.
(1) 
A building sewer shall be connected to a sewer at the place designated by the authority and where the lateral or service connection is provided.
(2) 
The invert of a building sewer at the point of connection shall be at the same or a higher elevation than the invert of the sewer. A smooth, neat joint shall be made with the use of a flexible coupling and the connection of the building sewer to the lateral or service connection shall be made secure and watertight.
G. 
Authority for Township to make connection and collect costs and expenses. If the owner of any improved property accessible to and whose principal building is within 150 feet from the sewer system, after 60 days' notice from the Township, in accordance with § 380-2A, shall fail to connect such improved property, as required, the Township or its agent may make such connection and the Township may collect from such owner the costs and expenses thereof by the filing of a municipal claim or lien, an action in assumpsit or such other legal proceeding as may be permitted by law.
A. 
Conditions for use of existing structure sewer. Where an improved property, at the time connection to a sewer is required, shall be served by its own sewage disposal system or device, the existing structure sewer line may be broken at the structure line of such improved property and attachment may be made, with proper fittings, to continue such structure sewer line as a building sewer.
B. 
Building sewer to be inspected before covering. No building sewer shall be covered until it has been inspected and approved by the 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 the sewer.
C. 
Responsibility for maintenance of building sewers. Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition at the cost and expense of the owner of such improved property.
D. 
Guarding of excavations; restoration of streets, sidewalks and other public property disturbed. Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Streets, sidewalks and other public property disturbed in the course of installation of a building sewer shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to the authority.
E. 
Effect of failure to remedy unsatisfactory conditions. If any person shall fail or refuse, upon receipt of a notice from the authority, in writing, to remedy any unsatisfactory condition with respect to a building sewer, within 45 days of receipt of such notice, the authority may refuse to permit such person to discharge sewage and industrial wastes into the sewer system until such unsatisfactory condition shall have been remedied to the satisfaction of the authority.
F. 
Installation of building sewers. The installation of a building sewer shall be the responsibility of the owner and shall be installed at the cost and expense of the owner. Building sewers shall be installed in accordance with the rules and regulations regarding the installation of building sewers, which are attached to or appended to Authority Resolution No. 1984-4, which rules and regulations are incorporated as a part of this article and made a part hereof.
G. 
Additional rules and regulations authorized. The Township and the authority reserve the right to amend the rules and regulations regarding the installation of building sewers from time to time, and to adopt, from time to time, additional rules and regulations as they shall deem necessary and proper relating to connections with a sewer and the sewer system, and all of which rules, regulations, conditions and obligations shall become and shall be construed as part of this article.
A. 
Hellam Township police officers, the appropriate enforcement officers of Hellam Township, or other appropriate officer or officers of Hellam Township shall have the power to enforce the provisions of this article.
B. 
Penalty for violation. Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus all costs of prosecution, including, but not limited to, attorneys' fees, and in default of payment thereof, shall be imprisoned for a term not to exceed 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
[Amended 9-5-1996 by Ord. No. 1996-6; 2-6-1997 by Ord. No. 1997-1]
C. 
Enforcement and recovery of fines and costs. 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 the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of Hellam Township.