Upon motion by
_______________________, seconded by _________________________, the following
Ordinance was duly enacted, _____ voting in favor of enactment, _____ voting
against enactment.
ORDINANCE
2002-23
An Ordinance to amend and restate
Ordinance No. 89-29, commonly known as the Sewer Use Ordinance, regulating use
of public sanitary sewers in Millcreek Township; defining terms; prohibiting
certain practices with respect to disposal of sewage; providing for the
connection of properties to available public sewers; authorizing the Board of
Supervisors to make such connections and recover costs thereof in the event of
neglect or refusal of owners to do so; requiring applications for and issuance
of permits to make connections, including execution of bonds and payment of
fees in connection therewith; imposing duties on owners of property which
discharge industrial waste and potentially harmful substances into said sewers;
regulating substances that may be introduced into sewers; prohibiting discharge
of certain kinds of liquids or wastes, including those not in conformity with
the Millcreek Township Industrial Waste Ordinance (No. 94-7 as amended);
imposing penalties and establishing enforcement measures in the event of
violation; and including severability and repealor
clauses.
WHEREAS, the public sanitary sewer system
within Millcreek Township is owned by the Millcreek Township Sewer Authority,
the Authority having entered into a Lease Agreement with Millcreek Township
pursuant to which Millcreek Township holds, maintains and operates the public
sanitary sewer system; and
WHEREAS, Millcreek Township by Ordinance
No. 89-29 enacted on December 18, 1989 has established definitions and
regulations governing the public sanitary sewer system; and
WHEREAS, Millcreek Township has also
enacted an Industrial Waste Ordinance, Ordinance No. 94-7 as amended by
Ordinance Nos. 96-14 and 2000-4, establishing regulations governing discharge
of industrial waste; and
WHEREAS, the Board of Supervisors finds
that it is in the best interest of the general health, safety and welfare that
the Sewer Use Ordinance be amended to assure proper application for and
issuance of permits to connect, bonds sufficient to protect against damage to
the system and appropriate regulation of applications for and issuance of
permits to connect to the system.
IT IS HEREBY ENACTED AND
ORDAINED by the
Board of Supervisors of Millcreek Township,
1.01. Definitions
Words used in this Ordinance for which definitions are not
established shall be given their usual and customary meaning. Terms defined in the Industrial Waste
Ordinance shall be defined in accordance with said definitions. Unless the context specifically indicates otherwise,
the meaning of the following terms when used in this Ordinance shall be as set
forth below:
Applicant shall mean the owner of the
property or, where applicable, the lessee of the property accorded authority under
a lease to apply for a permit which pertains to the sanitary sewer system.
Authority shall mean the Millcreek
Township Sewer Authority.
Authorized Representative
1. Of a corporation, the president, secretary, treasurer or vice president or other person submitting written confirmation of authority to perform the act for and on behalf of the corporation.
2. Of a partnership or limited partnership, a general partner.
3. Of an individual, the individual or other person submitting a written confirmation of authority to perform the act for and on behalf of said individual, so long as the owner remains ultimately liable for performance.
4. Of a Federal, State or Local governmental entity, a director or highest official appointed or designated to oversee the operation and performance of the activities of the entity, or their designee.
Biochemical Oxygen Demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20º centigrade, usually expressed as a concentration (e.g., milligrams per liter).
Connection shall mean and extend to a connection to the sanitary sewer system, and to the alteration, modification or termination/disconnection of an existing connection to the sanitary sewer system, unless expressly provided otherwise in this Ordinance.
Garbage shall mean solid waste from the preparation of cooking, dispensing of food and/or from the handling, storage and sale of produce.
Industrial Waste shall be construed to mean any liquid, gaseous, radioactive, solid or other substance, not ordinary waste or sewage, but including discharges from pretreatment facilities, resulting from any manufacturer or industry or from any establishment including those recovering or processing natural resources, and shall include all such substances, whether or not generally characterized as “waste.”
Natural Outlet shall mean any outlet into a watercourse, ditch, pond, lake or other body of surface or ground water.
Person shall mean any individual, partnership, firm, company, corporation, association, joint stock company, trust, limited liability company, estate, governmental entity or other legal entity, or their legal representatives, agents or assigns.
Private Well means any well owned by any person for his, her or its private use in providing water for any purpose whatsoever.
Properly Shredded Garbage means garbage which has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
Records means and includes books, documents, papers, apparatus, data, readings, records of analysis, graphs, plans, investigative reports and ledgers.
Sanitary Sewer shall mean a sewer which carries sewage and/or industrial wastes and to which storm, surface and ground waters are not intentionally admitted
Sewer System
shall mean the sanitary sewer system owned by the Millcreek Township Sewer Authority
and operated by
Sewage shall mean any combination of water-carried wastes from residences, buildings, industrial establishments, commercial establishments, institutions, manufacturing plants, processing plants or other places in which such wastes are produced, together with such ground, surface, storm or other water as may be present. This includes but is not limited to human waste and gray water (dish washing operations, household showers, basement, floor and garage drains, swimming pools, etc.).
Sewage Treatment Plant shall mean and include all devices, facilities and/or structures used for treatment of sewage and/or industrial wastes.
Sewage Works
shall mean all facilities for collecting, pumping, transporting, treating and
disposal of sewage and industrial wastes.
Sewer shall mean a pipe or conduit for carrying sewage.
Shall, when used in this Ordinance, means a mandatory obligation.
Standard Laboratory Procedure shall mean the procedure prescribed in the latest edition of Standard Methods for the Examination of Water and Wastewater.
Storm Sewer
or Storm Drain shall mean and include any sewer or conveyance which carries
storm water, surface water, drainage and some industrial water
discharges (such as cooling and air conditioning waters), but excludes sewage
and polluted industrial waters.
Storm Water shall mean and include any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snowmelt. The term shall include but not be limited to flows from sump discharges, detention or retention facilities, downspouts, roof and other drains and other conveyance facilities.
Suspended
Solids mean solids which either float on the surface of or are in
suspension in water, sewage or other liquids and which are removable by
laboratory filtering in accordance with standard laboratory procedure.
Township shall
mean
Township
Engineer shall mean the professional engineer employed by the Township, his
or her assistant or designee, or any consulting engineer retained by the
Township.
1.02 Use of Public Sewers Required
1.02.1 The owner of each and every house, building or other property located in Millcreek Township which is used for human occupancy, employment, recreation or other purpose and abuts on any street, highway, easement or right of way in which there has been constructed a sanitary sewer shall, at the owner’s sole expense, install suitable sanitary sewer facilities therein and connect such facilities (including floor, basement and garage drains and swimming pools) and industrial waste outlets directly with the public sanitary sewer system in accordance with the provisions of this Ordinance and with the rules and regulations governing use and operation of the sanitary sewer system within sixty (60) days after the date of official notice to do so given in the manner provided by law.
1.02.2 The owner of any property within Millcreek upon which a new, altered or reconstructed building is constructed on or after enactment of this Ordinance shall not occupy or cause or allow to be occupied such building until such time as the building’s sanitary facilities and any industrial waste outlets are properly connected to the public sanitary sewer system in accordance with the requirements of this Ordinance.
1.03. Alternative
to Use of Public Sanitary Sewer
In lieu of introducing untreated or partially treated industrial wastes and polluted waters into the public sanitary sewer system, the owner of premises producing such wastes (including floor, basement and garage drains and swimming pools), upon receiving and complying with all applicable permits and regulations of the Township, the Pennsylvania Department of Environmental Protection, the United States Environmental Protection Agency and/or the Erie County Department of Health, may at the owner’s sole cost and expense construct and operate private waste treatment facilities, with the effluent discharged to a natural outlet. Where such private waste treatment facilities are provided, they shall be maintained and operated at all times in a satisfactory and effective manner and in accordance with all applicable regulations.
1.04. Application
for and Issuance of Permits
1.04.1 Permits Required. No connection to the public sanitary sewer system shall be effected, altered, modified or disconnected unless the owner of the subject premises shall first apply for and obtain a permit. “Connection” and “disconnection” as used in this Section shall include all connections and discharges to the sanitary sewer system, including but not limited to sewer drains and lateral connections.
1.04.2 Application for Permit. Each owner of any premises as set forth in Sections 1.02 and 1.04.1, above, shall make application in writing to the Township and the Authority for a permit to make, alter or terminate a connection to the public sanitary sewer. Such application shall be made to the Authority on such forms as are adopted by rules and regulations approved by the Board of Supervisors.
1.04.3 Application to be Signed. Such application shall be signed by the owner(s), unless the owner(s) shall provide to the Authority a writing giving authorization to another person to make application and acknowledging that responsibility for compliance with this Ordinance and any permit issued rests with owner(s).
1.04.4 Content of Application. In addition to other requirements as established by rules and regulations governing the sewer system, such application shall set forth:
1. The name and mailing address of the property owner(s);
2. The address of the property subject to the permit application;
3. A description of the lot subject to the application, including the subdivision, if any, and the lot’s assigned number in said subdivision;
4. The
Erie County or
5. The street where connection is to be made, altered or disconnected to or from the sewer system;
6. The name and address of the contractor who shall perform the sewer work;
7. A plan of the subject premises showing the proposed connection, alteration or disconnection and the sewer facilities;
8. The intended use of the property upon connection (i.e., one-family, two-family or multi-family residential, commercial, industrial).
1.04.5 Financial
Security Required. No permit shall
be issued without the applicant(s)’s first executing and tendering financial
security in favor of
1.04.6 Permit, Tapping and Other Fees. Each applicant for a permit shall, upon submission of a permit application, pay in full all filing, review, inspection, tapping and other fees as are established therefor by rules and regulations governing the sanitary sewer system as approved by the Board of Supervisors. Any developer’s agreement or private service agreements required or administered by the Authority in connection with such application must be concluded prior to issuance of a permit. Any sums due as tapping fees or as reimbursements to a developer who constructed mains to which connection is requested shall be paid in full prior to issuance of a permit.
1.04.7 Issuance or Denial of Permit.
1.04.7.1 No permit to connect to the sanitary sewer system shall be issued until and unless there has been constructed within the adjacent street, highway, easement or right of way public sanitary sewer facilities to which such connection can be effected, unless the Board of Supervisors should otherwise determine, and subject to such conditions as the Board shall then impose.
1.04.7.2 No permit to connect to the sanitary sewer system (this including alteration or disconnection of existing connections) shall be issued unless all requirements of this Ordinance and of rules and regulations governing the sanitary sewer system have been fully complied with.
1.04.7.3 If an application for permit is denied, the Authority shall in writing state the reason(s) for denial.
1.04.8 Legal Effect of Permit. A permit issued to authorize a connection shall authorize work as applied for and approved, and shall be valid for one (1) year from the date the permit is issued. Permits shall expire one (1) year after the date of their issuance, unless the applicant, prior to the expiration date, shall have requested an extension and the Authority, for good cause shown, shall in writing have approved an extension.
1.05. Connections
to Comply With Regulations
1.05.1 All
connections made to any public sanitary sewer of
1.05.2 Grease, oil and sand interceptors shall be provided for outlets connected with the public sanitary sewers when, in the opinion of the Township Engineer or the Authority, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, subject to the following regulations:
1. Interceptors are not required for private living quarters or dwelling units.
2. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature, and shall be of substantial construction, watertight and equipped with easily-removable covers which, when secured, shall be gastight and watertight.
3. All interceptors shall be of a type and capacity approved by the Township Engineer, and shall be located so as to be readily and easily accessible for cleaning and inspection.
4. All grease, oil and sand interceptors, where required, shall be installed and maintained at the owner’s sole cost and expense. Such units shall be operated and maintained so that they shall be continuously efficient and shall be cleaned and repaired as required to maintain such efficient system.
1.06. Remedies in
Event of Failure to Connect
1.06.1 In the event the owner of any property required to connect to the public sanitary sewer system shall fail, refuse or neglect to connect with the sewer system prior to occupancy or within the sixty (60)-day period specified in Section 1.02.1, the Township, by its authorized employees, agents, contractors or designees, may enter upon such property and construct such connection.
1.06.2 Such connection may be effected by the Township at its election at any time following expiration of the sixty (60)-day period or unlawful commencement of occupancy, without further notice to the owner being required.
1.06.3 Should the Township effect and construct a connection pursuant to this Section, it shall, upon completion of the work, send an itemized invoice for the cost of construction of such connection to the owner of the property upon which such connection has been made, which invoice shall be payable forthwith. Such invoice shall constitute a claim and assessment as defined in the general municipal law, 53 P.S. § 7106, et seq., as the same may be amended, and shall constitute a municipal claim from the date of the invoice.
1.06.4 Interest shall accrue on sums not paid within thirty (30) days after the date of the invoice at the rate of ten percent (10%) per year from the invoice date.
1.06.5 In case of failure, neglect or refusal by the owner of the property to pay such invoice in full, the Board of Supervisors shall cause to be filed a municipal lien for the costs of said construction, together with interest and costs, within six (6) months after the date of completion of the connection, such lien to be subject in all respects to the general law provided for the filing and recovery of municipal liens and claims.
1.07. Work to be Done by Licensed Contractors
1.07.1 No contractor not properly licensed by the Township and the Authority shall perform work related to or involving connection to the public sewer system.
1.07.2 Requirements for determining eligibility of and issuing licenses to persons to conduct work involving connections to the sanitary sewer system shall be as established by rules and regulations governing the sanitary sewer system.
1.07.3 All persons wishing to engage in work involving connections to the sanitary sewer system shall, prior to performing any such work, submit to the Authority an application for license on a form adopted by rules and regulations governing the sewer system and pay such fee for a license as is established under such rules and regulations.
1.07.4 The Authority, for good cause shown and pursuant to rules and regulations governing the sewer system, shall have authority to refuse to issue a license to a person not meeting requirements for a license or to suspend or revoke a previously issued license.
1.08. Industrial
Wastes
1.08.1 This Ordinance is not intended to amend or repeal the Industrial Waste Ordinance, Ordinance No. 94-7 as amended by Ordinance Nos. 96-14 and 2000-4.
1.08.2 The admission into the public sewer system of any polluted waters or industrial wastes containing any quantity of substances having the characteristics described in Section 1.12.6 of this Ordinance or those described in the Industrial Waste Ordinance as being subject thereto shall be subject to the provisions of the Industrial Waste Ordinance.
1.08.3 When required by the Township Engineer or the Authority, the owner of any property served by a building sewer carrying industrial wastes discharging into the sewer system shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed at the owner’s sole expense in accordance with plans approved by the Township Engineer, and shall be maintained by the owner so as to be safe and accessible at all times.
1.08.4 Every person and establishment other than residences which discharge industrial and sanitary wastes into the public sewer system or into any sewer connected therewith shall file forthwith a report in accordance with the Millcreek Township Industrial Waste Ordinance.
1.08.5 Every person discharging industrial waste mixture into the public sewer system or into sewers connected thereto shall keep and maintain records of the data required to be furnished in the questionnaire as defined above and in the Industrial Waste Ordinance, and such records shall be available for inspection during regular business hours by authorized employees or representatives of the Township or the Authority upon their presentation of written credentials of their authority, and such employees or representatives shall be permitted to make and retain copies of such records.
1.08.6 Discharge
or introduction of non-domestic pollutants from any source into the public
sewer system shall be in accordance with the Industrial Waste Ordinance.
1.09. Preliminary Treatment Facilities
Where preliminary treatment facilities are provided for any waters or wastes, such preliminary facilities shall be maintained continuously in satisfactory and effective operation by the owner at the owner’s sole expense.
1.10. Authority to
Test and Supplement Regulations
1.10.1 The Township or the Authority may conduct such investigations and tests as are necessary to enforce this Ordinance, and employees of the Township or Authority, or their agents, may enter upon any property for the purpose of taking samples, obtaining information or conducting surveys or investigations relating to such enforcement. Inspections are authorized for any purpose related to proper enforcement and administration of this Ordinance, including but not limited to ensuring proper connections and identifying and disconnecting unauthorized or unlawful connections. Policies and procedures pertaining to investigations, tests and surveys shall be as established in rules and regulations governing the sewer system.
1.10.2 Enforcement
of provisions of this Ordinance regarding wastes which will interfere with
operation of the
1.10.3 Limitations on wastewater strength in this Ordinance may be supplemented with more stringent limitations if:
1. The Township determines that those limitations may not be sufficient to protect the operation of the treatment works; or
2.
The Township determines that the limitations are
not sufficient to enable the treatment works to comply with water quality
standards or effluent limitations specified in permits of the National
Pollutant Discharge Elimination System (NPDES) or the Pennsylvania Department
of Environmental Protection.
1.11 Administration
and Enforcement Authority
1.11.1 The Authority and the Board of Supervisors are authorized to establish rules and regulations governing the sanitary sewer system and to adopt regulations and forms for use in implementing and administering this Ordinance. Such rules, regulations and forms shall be as approved by the Board of Supervisors and may be amended from time to time as is deemed appropriate.
1.11.2 The Board of Supervisors and Authority are authorized to establish and amend fees and other charges for permits, licenses, tapping privileges, reviews, inspections, certifications and other matters subject to this Ordinance and amounts of bonds required by this Ordinance and/or related to proper operation of the sewer system.
1.11.3 Permits, licenses and certifications authorized in this Ordinance shall be received, reviewed, issued, suspended or revoked by the Manager of the Authority or his or her designee.
1.11.4 The Township Engineer, Manager of the Authority and other employees or agents authorized by the Township or Authority, bearing proper credentials and identification, shall be permitted to enter upon all properties in Millcreek Township for the purpose of inspection, observation, measurement, sampling, testing and/or review, inspection and copying of records, in accordance with the provisions of this Ordinance and rules and regulations governing the sewer system.
1.11.5 Upon written request by the property owner, prospective purchaser or agent or contractor of either, the Authority shall have authority to inspect a property for the purpose of determining whether its connection(s) to the sanitary sewer system is or are in accordance with this Ordinance and rules and regulations governing the sewer system. Such request shall be accompanied by a written authorization by the property owner allowing the Township or Authority to inspect the property for the purpose of addressing such request. Fees for such requests and certifications, and forms to be used therefor shall be as established by rules and regulations governing the sewer system.
1.11.6 The Manager of the Authority and the Township Engineer are vested with authority to issue enforcement notices and commence actions for enforcement of this Ordinance.
1.12. Unlawful Acts. It shall be unlawful and a violation of this Ordinance for any person, directly or indirectly, to do or cause or allow to be done any of the following:
1.12.1 The
placement or deposit of sewage, municipal waste or other objectionable wastes
upon any public or private property within
1.12.2 The
discharge of sewage into any natural outlet within
1.12.3 The
discharge of industrial wastes or other polluted water into any natural outlet
within
1.12.4 The construction or maintenance of any privy, privy vault or cesspool, other than an on-lot sewage system approved by the Township and constructed in accordance with current regulations of the Erie County Department of Health and/or the Pennsylvania Department of Environmental Protection.
1.12.5 The discharge of any storm water, surface drainage, ground drainage, roof runoff, subsurface drainage or unpolluted industrial process waters into any public sanitary sewer:
1. Storm water and all other unpolluted drainage shall be discharged into such sewers as are specifically designated as storm sewers, if available, or to a natural outlet approved by the Board of Supervisors.
2. Unpolluted process waters shall be discharged into a storm sewer approved by the Board of Supervisors or, with prior approval of the Township, into a natural outlet if such storm sewer or outlet is not available.
1.12.6 Discharge of any of the following described waters or wastes into any public sanitary sewer:
1. Any liquid or vapor having a temperature higher than 150º Fahrenheit; or
2. Any gasoline, benzene, naptha, fuel oil or other flammable or explosive liquid, solid or gas; or
3. Any garbage that has not been properly shredded; or
4. Any ashes, sand, cinders, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance not meeting the definition of properly shredded garbage and/or which is capable of obstruction to the flow in sewers or other interference with the proper operation of the sewage works; or
5. Any waters or wastes having a ph lower than 5.5 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structure, equipment processes and/or personnel of the sewage works or the sewage treatment plant; or
6. 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 sewage treatment plant; or
7. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant; or
8. Any noxious or malodorous gas or substance capable of creating a public nuisance; or
9. Water or wastes containing substances which are not in conformance with the provisions and pollutant limitations of the Millcreek Township Industrial Waste Ordinance, Ordinance No. 94-7 as amended.
1.12.7 Construction or effectuation by any owner(s), themselves or by or through their contractors, agents or assigns, of a connection, alteration to or termination of a connection to the sanitary sewer system in a manner contrary to or not in strict compliance with the terms of an approved permit.
1.12.8 Construction
or effectuation by any owner(s), themselves or by or through their contractors,
agents or assigns, of a connection, alteration to or termination of a
connection to the sanitary sewer system in any manner contrary to or not in
strict compliance with the regulations of this Ordinance or rules and
regulations governing the sewer system.
1.12.9 Performance
of any work involving connections to the
1.12.10 Failure or refusal to connect to the public sewer system within the time authorized by an issued permit or any extension of time allowed after good cause shown.
1.12.11 Failure or refusal to connect to the public sewer system prior to commencement of occupancy of a building constructed, altered or reconstructed under a building permit issued on or after the effective date of this Ordinance.
1.12.12 Failure or refusal to connect to the public sewer system within sixty (60) days after the date of the Township’s notice to connect, or within any extension of time allowed after good cause shown.
1.12.13 Failure or refusal to effect repairs or take other prescribed remedial action to a connection effected to the sewer system within the time period specified in writing by a directive from the Township or the Authority.
1.12.14 Failure or refusal to disconnect an unlawful or improper connection to the sanitary sewer system within the time period specified in writing by a directive from the Township or the Authority.
1.12.15 The negligent, willful, malicious or reckless breaking, damage, destruction, uncovering, defacement or tampering of or with any structure, appurtenance or equipment which is a part of the public sanitary sewer system or sewage works.
1.12.16 Violation of any provision of this Ordinance concerning regulation of discharge of industrial wastes.
1.12.17 Failure or refusal to allow the Township or the Authority access
to a premises or to records required under this
Ordinance or by rules and regulations governing the sewer system.
1.13. Separate and
Continuing Violations
1.13.1 Each separate violation of this Ordinance, or of any portion hereof, shall constitute a separate offense.
1.13.2 Each day a
violation occurs shall constitute a separate offense and subject the violator
to the prescribed fines for each violation and for each day of violation.
1.14. Penalties
for Violation
1.14.1 Any person who violates any provision of this Ordinance or any rule or regulation governing the sewer system shall be subject to civil enforcement proceedings in accordance with Ordinance No. 96-8 as may have been amended.
1.14.2 In the event a person does not comply in timely fashion with an enforcement notice directing cessation of a violation or remedial action to comply with this Ordinance or with rules and regulations governing the sanitary sewer system, civil fines are prescribed in the sum of Six Hundred Dollars ($600.00) for each individual violation of this Ordinance and for each day a violation continues, effective on the date following that established in the enforcement notice for completion of action to remedy the violation. As to prohibited discharges:
1. Each day of a prohibited discharge shall constitute a separate violation and shall subject the violator to the administrative or civil fine prescribed in this section for each day of a continuous prohibited discharge.
2. If a prohibited discharge is intermittent, each occurrence shall be considered a separate violation.
1.14.3 In the
event a person does not comply in timely fashion with an enforcement notice by
the date therein established for payment,
1.14.4 Millcreek
Township shall be entitled to recover, in any administrative or civil action
for enforcement of this Ordinance and/or action to collect fines for violation,
all expenses, losses and damage occasioned by the violation(s), together with
filing and other litigation costs and all attorneys’ fees incurred by the
Township in enforcement and collection proceedings, in accordance with
Ordinance No. 96-9, as amended.
1.15. Enforcement
Actions
1.15.1 When the Township determines that a violation of this Ordinance, rules and regulations governing the sewer system or of any permit or any damage to the public sanitary sewer system is threatened or has occurred, the Township may take one or more of the following actions, at its election:
1. Issue an order to cease and desist any such violation and direct the violator(s) to comply with the Ordinance and/or notice forthwith or in a time schedule established by the Township or to take appropriate remedial preventive action in the event of a threatened violation.
2. Require the person to submit a detailed time schedule setting forth the specific proposed actions to prevent or correct a violation, in which event the Township may issue an implementation schedule to the person containing or modifying such specific actions and time schedule or requiring other actions by such date as the Township deems appropriate.
3. Issue an administrative enforcement notice directing the person to cease or correct a violation by a date established in such notice.
4.
Report to any governmental entity or agency
having issued a permit a violation thereof and request enforcement by such
entity or agency.
5. Revoke the financial security and/or revoke the license of any licensed contractor for up to one (1) year.
6.
Prohibit an unlicensed contractor from
performing work affecting the public sewer system or being eligible for a
license for up to one (1) year.
7. Proceed on the financial security tendered by the recipient of a permit to connect in order to collect all damages sustained by a violation.
8. Disconnect from the public sewer system and/or sewage works the building or property of any person there violating the discharge provisions of this Ordinance, and/or effect a connection to the public sewer system and/or effect correction of an existing connection to the public sewer system if the owner fails to do the same within the time specified in an enforcement notice, all costs incurred in effecting such disconnection, connection and/or correction of a connection to be collected from the owner as a municipal claim (at the discretion of the Board of Supervisors, by assessment of said costs as sewer rental or as a separate municipal claim) or in a civil action in the manner provided in Section 1.06 and the general municipal law.
9. Issue enforcement notices citing violation of this Ordinance or of rules and regulations governing the sewer system.
10.
Commence and prosecute actions for enforcement
of this Ordinance and/or collection of fines, costs, damages and attorneys’
fees.
11. Institute and maintain one or more actions at law to enforce this Ordinance and rules and regulations governing the sewer system and/or actions in equity to compel compliance with this Ordinance and/or rules and regulations, these including but not limited to injunctions and orders compelling connection to and/or disconnection from the sewer system.
1.15.2 In the event a person fails or refuses to effect disconnection of an unlawful connection to the sanitary sewer system by the date required in an enforcement notice and the Township has been assessed surcharges or fines by the City of Erie Sewer System because of sewage flows in excess of the Township’s allocation, the Township, in addition to other enforcement remedies, shall be authorized to maintain an action at law against the owner of the property, seeking recovery of such surcharges and fines from the owner, together with attorneys’ fees and expenses in accordance with Ordinance 96-9, as amended.
1.15.3 The Board of Supervisors is authorized by resolution to establish such specific procedures for enforcement as it shall deem appropriate.
1.16. Severability
If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person, property or circumstances is for any reason held invalid or unconstitutional by any court, such holding shall not be construed to affect the validity of any of the remaining provisions of this Ordinance or its application, for such portion shall be deemed as a separate, distinct and independent provision from the remaining provisions which shall be and remain in full force and effect. It is hereby declared the legislative intent that this Ordinance would have been adopted had such valid or unconstitutional provision of its application not been included herein.
1.17. Repealor
All Ordinances or parts of any Ordinances inconsistent herewith are hereby repealed. This Ordinance shall not be construed to amend or repeal the Industrial Waste Ordinance, as amended.
BE IT ENACTED this 17th day of December, 2002.
_______________________________________
Joseph S. Kujawa, Secretary
SWRUSORD/MLK