Ordinance # 084-3
to tap into
An Ordinance of the Council of the Borough of Bolivar, Westmoreland County, Pennsylvania, requiring all owners of improved property located within this Borough and benefited, improved or accommodated by any sewer constituting part of the sewer system to be acquired and / or to be constructed by the Tri-Community Water and Sewer Authority to connect such improved property with such sewer, regulating the manner of making such connections, authorizing this Borough to make connections at the cost and expense of any owner of improved property failing to make such connection, adoption certain rules and regulation, prohibiting the connection of privy vaults, cesspools, sinkholes, septic tanks and similar receptacles to any sewer, prohibiting abandonment thereof where a sewer is available, setting forth related matters, and prescribing penalties for violation.
The Council of the Borough of Bolivar, Westmoreland County, Pennsylvania, enacts and ordains as Follows
Section 1.01 Unless the context specifically and clearly indicates otherwise ,the meaning of terms and phrases used in this Ordinance shall be as follows:
A. Authority - shall mean The Tri-Community Water and Sewer Authority a municipality of authority of the commonwealth.
B. Building Sewer shall mean the extension from the sewage drainage system of any structure to the Lateral of a Sewer.
C. Borough shall mean the Borough of Bolivar, Westmoreland County, Pennsylvania, a municipal corporation of the Commonwealth, acting by and through its Council, or in appropriate cases, acting by and through its authorized representatives.
D. Commonwealth shall mean the Commonwealth of Pennsylvania
E. Improved Property shall mean any property within this Borough 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.
F. Industrial Establishment shall mean any improved property located in this Borough used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article, or any other improved property located in this Borough from which wastes, in addition to or other than Sanitary Sewage shall be discharged.
G. Industrial Waste shall mean any and all wastes discharged from an Industrial Establishment other than Sanitary Sewage
H. Lateral shall mean that part of the Sewer System extending from a sewer to the curb line or, if there shall be no curb line, to the property line, or if no such Lateral shall be provided, in a Sewer that is provided for connection of any Building Sewer.
I. Owner shall mean any person vested with ownership, legal or equitable, sole, or partial, of any improved property
J. Person shall mean any individual, partnership, company, association, society, trust, corporation, municipality, municipality authority, or other group or entity.
K. Sanitary Sewage shall mean normal water-carried household and toilet wastes from any improved property
L. Sewer shall mean any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes
M. Sewer system shall mean all facilities, as of any particular time, for collecting, transmitting, treating and disposing of Sanitary Sewage and / or Industrial Wastes, situate in or adjacent to the incorporating municipalities of the Authority, including this Borough, and owned by the Authority, and
N. Street shall mean and shall include any street, road, lane, court, cul-de-sac, alley, public way or public square.
Use of Public Sewers Required
Section 2.01 The owner of any improved property benefited, improved or accommodated by a sewer shall connect such improved property with such sewer, in such manner as this Borough may require, within 45 days after notice to such owner from this Borough to make such connection, for the purpose of discharge of all sanitary sewage and industrial wastes from such improved property; subject however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Borough from time to time.
Section 2.02 All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under Section 2.01, shall be conducted into a sewer; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Borough, from time to time.
Section 2.03 No person shall place, shall deposit or shall permit to be placed or to be deposited upon public or private property within this Borough ay sanitary sewage or industrial wastes in violation of Section 2.01.
No person shall discharge or shall permit to be discharged to any natural outlet within this Borough any sanitary sewage or industrial wastes in violation of Section 2.01, except where suitable treatment has been provided that is satisfactory to this Borough.
Section 2.04 No privy, vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon any improved property that has been connected to a sewer or that shall be required under Section 2.01 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 Borough, shall be cleansed and shall be filled, at the expense of the owner of such improved property, under the direction and supervision of this Borough, and any such privy, vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by this Borough, not 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.
Section 2.05 No privy vault, cesspool,. sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer.
Section 2.06 The notice by this Borough to make a connection to a sewer, referred to in Section 2.01 shall consist of a copy of this Ordinance, including any amendments and / or supplements at the time in effect, or a summary of each section thereof, and a written or printed document requiring the connection in accordance with the provisions of this Ordinance and specifying that such connection shall be made within 45 days from the date such notice is given or served. Such notice may be given or served at any time after a sewer is in place that can receive and can convey sanitary sewage and industrial waste for treatment and disposal from the particular improved property. Such notice shall be given or served to the owner in accordance with law.
Building Sewers and Connections
Section 3.01 No person shall uncover, shall connect with, shall make any opening into or shall use, shall alter or shall disturb, in any manner, any sewer or any part of the sewer system without first obtaining a permit, in writing, from this Borough.
Section 3.02 Application for a permit required under Section 3.01 shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
Section 3.03 No person shall make or shall cause to be made a connection of any improved property with a sewer until such person shall have fulfilled each of the following conditions.
a. Such person shall have notified the Secretary of this Borough of the desire and intention to connect such improved property to a sewer.
b. Such person shall have applied for and shall have obtained a permit as required by Section 3.01
c. Such person shall have given the Secretary of this Borough at least 24 hours notice of the time when such connection will be made so that this Borough may supervise and inspect or may cause to be supervised and inspected the work of connection and necessary testing, and
d. If applicable, such person shall have furnished satisfactory evidence to the Secretary of this Borough that any tapping (or connection) fee that may be charged and imposed by the authority against the owner of each improved property who connects such improved property to a sewer has been paid.
Section 3.04 Except as otherwise provided in this Section 3.04 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 this Borough, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by this Borough.
Section 3.05 All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to a sewer shall be borne by the owner of the improved property to be connected, and such owner shall indemnify and shall save harmless the Borough and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of construction or a building sewer or of connection of a building sewer to a sewer.
Section 3.06 A building sewer shall be connected to a sewer at the place designated by this Borough or by the authority and where, if applicable the Lateral is provided. 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 and the connection of a building sewer to the Lateral shall be made secure and watertight.
Section 3.07 If the owner of any improved property benefited, improved or accommodated by a sewer, after 45 days notice from this Borough, in accordance with Section 2.01 , shall fail to connect such improved property, as required, this Borough may make such connection and may collect from such owner the costs and expenses thereof by a municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law.
Rules and Regulations Governing
Building Sewers and Connections to Sewers
Section 4.01 Where an improved property, at the time connection to a sewer is required, shall be served by its own sewage disposal system or sewage disposal device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or sewage disposal device and attachment shall be made, with proper fittings, to continue such house sewer line as a building sewer.
Section 4.02 No building sewer shall be covered until it has been inspected and approved by this Borough,. 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 a sewer.
Section 4.03 Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
Section 4.04 Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Any street, sidewalk and other 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 this Borough.
Section 4.05 If any person shall fail or shall refuse, upon receipt of a written notice of this Borough or the authority, to remedy any unsatisfactory condition with respect to a building sewer within 45 days of receipt of such notice, this Borough or the authority may refuse to permit such person to discharge sanitary sewage and industrial waste into the sewer system until such unsatisfactory condition shall have been remedied to the satisfaction of this Borough and the authority.
Section 4.06 This Borough reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with a sewer and with the sewer system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this Ordinance.
Section 5.01 Any person who shall violate this Ordinance shall be subject, upon summary conviction for a first offense and upon summary conviction for each subsequent offense, to a fine of not less than Twenty-five ($25.00) dollars nor more than Three hundred ($300) dollars together with costs of prosecution in each case. Each day that a violation shall continue shall be deemed and shall be taken to be a separate offense and shall be punishable as such.
Section 5.02 Fines and costs imposed under provisions of this Ordinance shall be enforceable and recoverable in the manner at the time provided by applicable law.
Section 6.01 This Ordinance shall become effective in accordance with law.
Section 7.01 In the event any provision, section, sentence, clause or part of this Ordinance shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this Ordinance, it being the intent of this Borough that such remainder shall be and shall remain in full force and effect.
Declaration of Purpose
Section 8.01 It is declared that enactment of this Ordinance is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of this Borough.
Section 9.01 All Ordinances or parts of Ordinances and Resolutions or parts of Resolutions that are inconsistent with this Ordinance shall be and the same expressly are repealed.
Duly enacted and ordained this 3rd day of January 1984 by the council of the Borough of Bolivar, Westmoreland County, Pennsylvania in lawful session duly assembled.
President of Council
Examined and approved this 12th day of January 1084
Mayor of Borough of Bolivar
Original Ordinance in Vault
I, the undersigned, Secretary of the Borough of Bolivar, Westmoreland County, Pennsylvania (the Borough), certify that: the foregoing is a true and correct copy of an Ordinance of the Council of the Borough that duly was enacted by affirmative vote of a majority of the members of the Council of the Borough at a meeting held on January 3, 1984, said Ordinance duly was examined and approved by the Mayor of the Borough on January 12, 1984. Said Ordinance duly has been recorded in the Ordinance Book of the Borough, said Ordinance duly has been published as required by law, and said Ordinance remains in effect, unaltered and un-amended, as of the date of this Certificate.
I further certify that the Council of the Borough met the advance notice requirements of Act 175 of the General Assembly of the Commonwealth of Pennsylvania, approved July 19, 1974, by advertising said meeting and by posting prominently a notice of said meeting at the public building in which said meeting was held, all in accordance with such Act.
In witness whereof, I set my hand and affix the official seal of the Borough this 12th day of January 1984
Fairfield Township, Westmoreland County
My commission expires Sept. 27, 1985
Member Pennsylvania Association of Notaries
Resolution December 1991
An Ordinance Amending the Borough of Bolivar's Sewage Ordinances,
being Ordinance 84-1 through 84-3 Supplementing These ordinances
Whereas, the Borough of Bolivar desires to amend the Ordinances enacted and known as Ordinance Numbers 84-1, 84-2, and 84-3 for purpose of supplementing these previously enacted sewage Ordinances.
Now, therefore, be it enacted and ordained, that Bolivar Borough amends each of these Ordinance as follows:
84-1 Section 1. Adding (B.) the Borough does grant to the Authority, its successors and assigns, the limited right to exercise the Borough's Statutory rights and the Borough's Statutory and legal remedies for the purpose of completing the objectives set forth in Ordinance Number 84-2 Section 1 (1), being the enforcing of requirements for connection to and use of the sanitary sewer system, under Ordinance Number 84-1, 84-2, and 84-3 to provide notice as was required by said Ordinance and the statutory requirements to force compliance with said enforcement; to enforce and regulate the manner of making said connections, authorizing the Authority to make connections on behalf of the owner of subject premises at the cost and expense of said owner, liening said property in the name of the Borough and the Authority for purpose of protecting in the name of the Borough and the Authority for purpose of protecting the costs advanced for making said connections and related enforcement costs ( including, but not limited to, engineering fees, counsel fees, construction costs and other costs to be documented of record): the power to regulate or adjust tap fees and / or operational rental fees (providing ninety (90) days notice is provided to Borough council prior to enactment of said changes); prohibiting the connection of privy vaults, cesspools, sinkholes, septic tanks and similar receptacles to any sewer line prohibiting the maintenance of certain receptacles or requiring abandonment thereof; and seeking penalties for violating said Ordinance.
Adding (C.) The Authority with respect to the rights specifically stated in the previous Paragraph (B.) may be pursued in the Authority's own name and referring to the Bolivar Ordinances relied upon as part of any legal actions taken against any Borough citizen under the Borough Ordinance thirty(30) days prior to the first scheduled hearing of any matter.
84-3 Section 1.01 Changing (C) to: "Borough" shall mean the Borough of Bolivar, Westmoreland County, Commonwealth of Pennsylvania, a Municipal Corporation of the Commonwealth of Pennsylvania acting by and through the Borough Council or in specific instances, granted to the Authority to act as an authorized representative of the Borough on its behalf.
And now, this 9th day of December, 1991, during a duly advertised meeting of Borough Council, wherein a quorum was present, these Amendments shall be effective immediately upon enactment.
Examined and approved this 9th day of December 1991