CHAPTER 1040
Sewers and Private Disposal Systems

EDITOR’S NOTE: Provisions relating to sanitary sewer districts are not codified.  Copies of the latest relevant legislation may be obtained from the Township Secretary.

 

1040.01   Sewage Enforcement Officer; fees.
1040.02   Work on cesspools; covering or fence required.
1040.03   Suitable covering defined.
1040.04   Temporary cessations and coverings.
1040.05   Noncompliance; work stoppage coverings; revocation of permits.
1040.06   Noncompliance; equitable remedies.
1040 07   Costs of abatement.
1040.08   Multiple offenses.
1040.99   Penalty.

 

CROSS REFERENCES:
Sewers and drains - see 1st Class §2401 et seq.
Connection with sewer of adjacent municipality - see 1st Class § §2435, 2436, 2440
Revolving fund for sewer improvements - see 1st Class §§2601, 2602
Septic tank cleaners - see 13. H. & T. Ch. 868
Private sewage disposal system nuisances - see H. & S. 1860. 01 et seq.
Plumbing Code - see B. & H. Ch. 1422
Holding tanks - see - S. U. & P.S. Cit. 1041


1040.01    SEWAGE ENFORCEMENT OFFICER; FEES.

(a) The post of Sewage Enforcement Officer, as required by the Pennsylvania Sewage Facilities Act, 35 P.S. 750. 1 et seq., is hereby created. Such official shall meet the requirements mandated by such Act.  (Ord. 439. Passed 3-16-77.)

(b) The Board of Township Commissioners shall, from lime to time, establish, by resolution, a schedule of fees to be paid to the Township by persons requiring the services of the Sewage Enforcement Officer.  (Ord. 564. Passed 3-30-83.)


1040.02    WORK ON CESSPOOLS; COVERING OR FENCE REQUIRED.

No person shall maintain, construct, repair or enlarge a cesspool within the Township or permit the maintenance, construction, repair or enlargement thereof on land or property owned, controlled or leased by him or her, within the Township, unless the excavation, hole or other opening in the ground is covered by a suitable covering or surrounded by a fence of not less than six feet in height at all times when the cesspool is not actually in the course of construction, repair or enlargement.  (Ord. 141. Passed 11-17-54.)


1040.03    SUITABLE COVERING DEFINED.

A “suitable covering,” as that term is used in Section 1040. 02, means a cement con­crete slab at least six inches thick, duly reinforced with reinforcing iron rods criss-crossed not more than one foot apart in each direction. Wood shall never be used as a permanent covering.  (Ord. 141. Passed 11-17-54.)


1040.04    TEMPORARY CESSATIONS AND COVERINGS.

A cesspool excavation shall be covered during any temporary cessation of the work, for example, overnight, at which time a temporary covering of wood may be used. (Ord. 141. Passed 11-17-54.)


1040.05    NONCOMPLIANCE; WORK STOPPAGE; COVERINGS; REVOCATION OF PERMITS.

Work on cesspoo1s that are constructed, repaired or enlarged contrary to the provisions of this chapter shall immediately be stopped, the cesspools shall be covered and any building or plumbing permit previously issued in connection therewith shall be revoked. Such remedies shall be in addition to the penalty provided in Section 1040. 99.  (Ord. 141. Passed 11-17-54.)

1993 Replacement



1040.06    NONCOMPLIANCE; EQUITABLE REMEDIES.

Any cesspool maintained, constructed, repaired or enlarged without the covering or without being surrounded by a fence, as hereinbefore provided for, is hereby declared to be a nuisance and the Building Inspector is hereby required to give notice to the builder or other person engaged in the work, or to the owner of the property on which the cesspool is being maintained, constructed, repaired or enlarged, to abate the nuisance or dangerous excavation. In default of the builder or owner removing or abating the nuisance, the Plumbing Inspector is hereby directed to remove and abate the nuisance by filling the excavation, by covering as hereinbefore defined, or by fencing the same as hereinbefore defined. Such remedies shall be in addition to the penalty provided in Section 1040. 99. (Ord. 141. Passed 11-17-54.)


1040.07    COSTS OF ABATEMENT.

The nuisance abated by the Plumbing Inspector at the expense of the Township shall be at the cost of the builder or owner of the real estate on which the cesspool is located, and the cost of such abatement or removal shall be paid for by the builder or owner and, in default of payment of such cost after having been billed therefor by the Township, the sum shall be collected either by a suit in assumpsit or under the provisions of the Municipal Claims and Liens Act. Such remedy shall be in addition to the penalty provided in Section 1040. 99. (Ord. 141. Passed 11-17-54.)


1040.08    MULTIPLE OFFENSES.

Whenever an owner of premises or an agent or contractor has been notified, either in writing or orally, by the Building Inspector or the Plumbing Inspector of a violation hereunder or by the service of a summons or warrant in the prosecution of any violation hereunder, or in any other official manner, that he or she is violating a provision of this chapter, then each day the violation continues after such notification shall be a separate offense and subject to the fine or penalty provided for an offense.  (Ord. 141. Passed 11-17-54.)

 

1040.99    PENALTY.

(EDITOR’S NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.)

1994 Replacement