§ 18-306. Rates and Charges.

The Authority shall have the right and power to fix, charge and collect rates, assessments and other charges in the area served by its facilities at reasonable and uniform rates as authorized by applicable law.

(Ord. 55-5-98, 7/28/1998, § 6)

§ 18-307. Condition of Privy Use.

   1.   The property owner must show that site and soil suitability testing of the lot has been conducted by the sewage enforcement officer and that the site meets the 25 Pa. Code Ch. 73 (“Standards for Sewage Disposal Facilities”) requirements for the ultimate sewage disposal by an approved onlot system if water under pressure or piped waste water becomes available to the lot.

   2.   At such time that water under pressure becomes available, the property owner must remove the privy and replace the privy with an approved onlot system.

   3.   The conditions of use described in subsection (1) do not apply:

      A.   To a privy to be used on an isolated lot which is not nor will not be served by water under pressure in the future.

      B.   To temporary use of portable retention tanks where their use is proposed at construction sites or at the site of public gatherings and entertainment.

   4.   Specific conditions for use of privies shall be incorporated in the permit application and permit for the proposed use of a privy.

   5.   The authority is provided the opportunity to inspect the privy for proper operation, maintenance and content disposal.

(Ord. 55-5-98, 7/28/1998, § 7)

§ 18-308. Exclusiveness of Rights and Privileges.

The collection and transportation of all sewage from any improved property utilizing a privy shall be done solely by or under the direction and control of the Authority, and the disposal thereof shall be made only at such site or sites as may be approved by the Department of Environmental Protection of the Commonwealth of Pennsylvania.

(Ord. 55-5-98, 7/28/1998, § 8; as amended by Ord. 12/10/2001)

§ 18-309. Duties of Improved Property Owner.

The owner of any improved property that utilizes a privy shall:

   A.   Maintain the privy in conformance with this Part or any ordinance of this Township, the provisions of any applicable law and the rules and regulations of the Authority and any administrative agency of the Commonwealth of Pennsylvania.

   B.   Permit only the Authority or its agent to collect, transport and dispose of the contents therein.

   C.   Abandon the privy consistent with applicable public health and environmental standards and obtain a permit for and install an approved onlot system meeting 25 Pa. Code, Chapter 73 standards in the event that water under pressure or piped waste water becomes available to the property.

   D.   Permit the Authority to enter upon lands to inspect the privy for proper operation, maintenance and contents disposal.

(Ord. 55-5-98, 7/28/1998, § 9)

§ 18-310. Penalties.

Any person, firm or corporation who shall violate any provision of §§ 18-307 through 18309, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 55-5-98, 7/28/1998, § 10; as amended by Ord. 12/10/2001)

§ 18-311. Abatement of Nuisances.

In addition to any other remedies provided in this Part, any violation of § 18-309 above shall constitute a nuisance and shall be abated by the municipality or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.

(Ord. 55-5-98, 7/28/1998, § 11)

PART 4 SEWER SYSTEM CONNECTIONS

§ 18-401. Definitions.

Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this Part shall be as follows:

   AUTHORITY - East Nittany Valley Joint Municipal Authority, a Pennsylvania municipality authority, organized and existing under the Pennsylvania Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382, as amended and supplemented.

   BUILDING SEWER - the extension from the sewage drainage system of any structure to the lateral of a sewer.

   IMPROVED PROPERTY - any property located within this Township 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 in this Township used wholly or in part for the manufacturing, processing, cleaning, laundering or assembly of any product, commodity or article, or any other improved property located in this Township from which wastes, in addition to or other than sanitary sewage, are discharged.

   INDUSTRIAL WASTES - any and all wastes discharged from an industrial establishment, other than sanitary sewage.

   LATERAL - that part of the sewer system extending from a sewer to the curb line or, if there shall be no curb line, extending to the property line or easement line or, if no-such lateral shall be provided, then "lateral" shall mean that portion of, or place in, a sewer which is provided for connection of any building sewer, including a grinder pump if installed by the Authority.

   OWNER - any person vested with ownership, legal or equitable, sole or partial, of any improved property.

   PERSON - any individual, partnership, company, association, society, corporation or other group or entity.

   SANITARY SEWAGE - normal water-carried household and toilet wastes discharged from any improved property, as more particularly set forth in the rules and regulations of the Authority.

   SERVICE AREA - that portion of this Township intended to be served by the sewer system, as set forth on maps designated, from time to time, by the Authority as the "Sewer System Service Area Maps."

   SEWER - any pipe or conduit constituting a part of the Sewer system used or usable for sewage collection purposes, including a building sewer and a lateral.

   SEWER SYSTEM - all facilities, as of any particular time, for collecting, transporting, pumping, treating and/or disposing of sanitary sewage and/or industrial wastes, situate in this Township, to be constructed, acquired, owned, maintained and operated by the Authority in, adjacent to and for certain portions of this Township.

   TOWNSHIP - this Township acting by and through its Board of Supervisors, or, in appropriate cases, by and through its authorized representatives.

(Ord. 2000-2, 2/14/2000, Art. I)

§ 18-402. Use of Public Sewers Required.

   1.   The owner of any improved property located in the service area and either adjoining 1 or adjacent 2 to the sewer system shall connect such improved property to the sewer system, in such manner as this Township and the Authority may require, within 60 days after notice to such owner from this Township to make such connection, for the purpose of discharge of all sanitary sewage and industrial wastes from such improved property, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township or the Authority, from time to time.

   2.   All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under § 18402(1), shall be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township or the Authority from time to time.

   3.   No person shall place or deposit or permit to be placed or deposited upon public or private property within this Township any sanitary sewage or industrial wastes in violation of § 18-402(1). No person shall discharge or permit to be discharged to any natural outlet within this Township any sanitary sewage or industrial wastes in violation of § 18-402(1), except where suitable treatment has been provided which is satisfactory to this Township.

   4.   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 § 18-402(1) to be connected to a sewer. Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of this Township, shall be emptied, cleansed and filled at the expense of the owner of such improved property and under the direction and supervision of this Township; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by this Township, emptied, 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.

   5.   No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer.

   6.   The notice by this Township to make a connection to a sewer, referred to in § 18402(1), shall consist of a copy of this Part, including any amendments at the time in effect, or a brief summary of each section thereof, and a written or printed document requiring such connection in accordance with the provisions of this Part and specifying that such connection shall be made within 60 days from the date such notice is given. Such notice may be given at any time after a sewer is in place which can receive and convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner either by personal service or by registered mail or by such other method as at the time may be provided by law.

(Ord. 2000-2, 2/14/2000, Art. II)

1 Black's Law Dictionary 41 (6th ed. 1990) defines "adjoining" to mean touching or contiguous, as distinguished from lying near to or adjacent. To be in contact with; to abut upon.

2 Black's Law Dictionary 41 (6th ed. 1990) defines "adjacent" to mean lying near or close to: sometimes, contiguous; neighboring. "Adjacent" implies that the two objects are not widely separated, though they may not actually touch, while "adjoining" imports that they are so joined or united to each other that no other object intervenes.