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HomeMy WebLinkAboutMercersburg Sewage Ordinance 04-02-12,09:42AM; ;717-328-3117 # 3/ 6 4-2 (1) ORDINANCE 4-2 [Formerly Ordinance 100] REQUIRING THAT ALL OCCUPIED BUILDINGS IN THE BOROUGH OF MERCERSBURG, FRANKLIN COUNTY, PA. , BE CONNECTED WITH THE SANITARY SEWER COLLECTION SYSTEM; MAKING IT UNLAWFUL TO CONSTRUCT OR MAINTAIN PRIVIES, CESSPOOLS, SEPTIC TANKS, OR OTHER DEVICES FOR RECEIVING SEWAGE OR CONDUITS FOR THE DISCHARGE OF SEWAGE EXCEPT IN TO SAID SANITARY SEWERS; PROVIDING FOR RULES AND REGULATIONS. REQUIRING PLUMBING PERMITS; PRESCRIBING PENALTIES; AND GRANTING EASEMENTS, RIGHTS OF WAY AND OTHER RIGHTS ON, OVER AND UNDER THE STREETS AND AlLEYS OF SAID BOROUGH. WHEREAS, the Council of the Borough of Mercersburg, Franklin County, Pa. , in order to promote and benefit the people of the Commonwealth of Pennsylvania and of said Borough, by ordinance duly enacted pursuant to the Municipality Authorities Act of 1945, P. L. 382 as amended, caused to be organized Mercersburg Borough Authority and by said ordinance designated that the project to be undertaken by said Authority is "to ' acquire, hold, construct, improve, operate, own, lease either in the capacity of lessor or lessee sewers, sewer systems or parts thereof and sewage treatment works, including works for treating and disposing of industrial waste, for the Borough of Mercersburg and for such other territory as it may be authorized to serve;" and WHEREAS, in carrying out the project so designated said Authority Proposes to construct a sewer collection system and sewage treatment plant together with appurtenant facilities (the "Sewer System") in and for said Borough of Mercersburg and lease the same to said Borough pursuant to which lease the Borough will operate and maintain said Sewer System; and WHEREAS, Borough Council in order to promote the health, safety and welfare of the people of said Borough and of the Commonwealth of Pennsylvania, and the purity of its water, believing that the use thereof is unsafe and unsanitary, deems it advisable to prohibit certain use of privies, cesspools, septic tanks or similar receptacles for receiving sewage within said Borough in that such use encourages the spread of disease and impairs public health, and to require connections to be made to said Sewer System when construction thereof has been completed by said Authority; BE IT ENACTED AND ORDAINED by the Council of the Borough of Mercersburg, Franklin County, Pa. , and it is hereby enacted and ordained by Authority of the same as follows: Section 1. Definitions: a "Authority" means and refers to Mercersburg Borough Authority as presently or hereafter constituted, which has been created by said Borough Council and to which has been referred by said Borough Council the specific project of sewers. 04-02-12,09:42AM, ;717-328-3117 # 4/ 6 4-2 (2) b "Industrial Waste" means and refers to the liquid, gaseous or _ solid waste from industrial processes as distinct from domestic sewage. c "Lateral" means and refers to that part of the Sewer System extending from a public main or street sewer to curb line or property line if there is no curb, and where the main or street sewer line is laid under a sidewalk, the word "lateral" shall mean and refer to the "Y" connection from the main or street sewer line. d "Occupied building" means and refers to any structure erected and intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage and industrial waste, or either thereof, is or may be discharged. e "Person" shall include individuals or natural persons, artificial persons existing only in contemplation of law, and shall be construed to include associations, partner- ships, limited partnerships, joint stock companies and corporations. f "Property accessible to the Sewer System" means and refers to real estate which adjoins, abuts on, or is adjacent to, the Sewer System. g "Sewage" means and refers to the normal water carried household and toilet wastes from residences, business buildings, institutions and industrial establishments. -) h "'Sewer System" means and refers to the sanitary sewer collection system and sewage treatment plant together with appurtenant facilities about to be constructed in and for the Borough of Mercersburg and any improvements, additions or extensions that hereafter may be made thereto by the Authority or the Borough or to any part or parts of any or all thereof. i "Borough" means and refers to the Borough of Mercersburg, Franklin County, Pa. , or the duly constituted and elected municipal authorities thereof. Section 2 . Whenever the Sewer System is completed and ready for public use it shall be the duty of the Borough to cause notice of the fact to be given by advertisement published once in one newspaper of general circulation in the Borough, and such advertisement shall state that said sewer may be used by all property owners in the Borough subject to the payment of any connection charges and of annual sewer rentals in amounts as may from time to time be fixed by the Borough. Section 3 . a All persons owning any occupied buildings now erected upon property accessible to the Sewer System shall at their own expense connect such building with the Sewer System within sixty days after the date of publication specified in Section 2 . b All persons owning any property accessible to the Sewer System upon which a building is hereafter erected shall, at the J 04-02-12; O942AM; ;717-328-3117 # 5/ 6 4-2 (3) time of the erection of such building and at their own expense, connect the same with the Sewer System. c All persons owning any occupied building upon property which hereafter becomes accessible to the sewer system shall, at their own expense, connect such building with the Sewer System within sixty days after notice to do so from the Borough. Section 4. It shall be unlawful for any person owning any property accessible to the Sewer System to erect, construct or use or maintain or cause to be erected, constructed, used or maintained, any privy, cesspool, sinkhole, septic tank or other receptacle on such premises for receiving sewage, after the expiration of the particular period specified in Section 3 hereof, or otherwise at any time to erect, construct, use or maintain any pipe, conduit, drain or other facility for the discharge of sewage except into the Sewer. system. Section 5. Any person who erects, constructs, uses or maintains a privy, cesspool, sinkhole or septic tank on any property accessible to the Sewer System in violation of this ordinance, shall be deemed and shall be declared to be erecting, constructing and maintaining a nuisance, which nuisance the Borough is hereby authorized and directed to abate in the manner provided by law. Section 6. No connection shall be made to the Sewer System ~"1 except in compliance with the ordinances and resolutions as well as such Rules and Regulations as may, from time to time, be enacted, adopted, approved or promulgated by the Borough. Section 7. After the expiration of the particular periods specified in Section 3 of this ordinance, if any owner of an occupied building on property accessible to the Sewer System shall have failed to connect such property with the Sewer System as required by said Section 3, the Borough shall cause to be served on the owner of such property, so failing to connect to said Sewer System and also upon the occupants of the building in question, a copy of this ordinance and a written or printed notice requiring such connection to be made, and such notice shall further state that its requirements shall be complied with , within sixty days from the date thereof. Section 8. Persons, firms and corporations desiring to do plumbing intended to be connected to the Sewer System shall obtain from the Secretary of Borough Council in the form to be provided, a permit entitling the applicant to engage in regular or particular word during the calendar year in which the permit is granted, for which permit a fee of five ($5.00) Dollars shall be charged therefore. The permit thus granted is revocable at will of said Borough Council and the permit is renewable from year to year by endorsement or by exchange for a new permit at the discretion of the Secretary of said Borough. No plumbing or connections shall be made without this permit. Section 9. Any person, firm or corporation which, for a period of at least one year previous to the passage of this 04-02-12: 09:42AM: ;717-328-3117 # 6/ 6 4-2 (4) . -�) ordinance has been regularly engaged in the plumbing business in the Borough, shall be deemed competent to hold a permit; and all other persons, firms or corporations, desiring to do plumbing. business in said Borough, or to do a particular piece of work to be connected with the Sewer System shall exhibit such evidence of competency as said Borough from time to time may require. Section 10. Any plumber, or other person who shall neglect or refuse to take out a permit or comply with the provisions of this ordinance, or fail to make the reports herein designated, shall not be deemed competent to perform any work intended to be connected with the sewers, and no work performed by such plumbers or other persons shall be connected with any sewers. Section 11. The provisions of this ordinance are declared to be for the health, safety and welfare of the citizens of the Borough and persons violating any provisions of this ordinance upon conviction before the Burgess or any Justice of the Peace of Franklin County, shall be fined seventy-five ($75. 00) Dollars and costs. Each 90 day period during which such violation of such provision shall continue shall be deemed to be a separate offense. Section 12. Borough hereby grants to Authority all and every easement, right of way and any and all other rights necessary or desirable on, over or under the streets, sidewalks and alleys in the Borough for the purpose of constructing the Sewer System therein. I) Section 13. If any provisions, sentence, clause, section or part of this ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this ordinance. It is hereby declared as the intent of the Borough Council that this ordinance would have been enacted had such unconstitutional, illegal or invalid provision, sentence, clause, section or part not been included herein. Section 14 . All ordinances or parts of ordinances in conflict, or inconsistent herewith be and the same are hereby repealed absolutely. Section 15. This ordinance is hereby declared to be urgent , for the preservation of the peace, health and comfort of the people of the Borough and shall take effect and be in force immediately after its passage. PASSED FINALLY AND DULY ENACTED AND ORDAINED into an ordinance this 14th day of March, 1955. C. C. Glazer President of Borough Council (Borough Seal) Attest: Edwin C. Baker, Secretary Read and approved this 14th day of March, 1955. J. L. Walker Burgess.