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CODE | NEW LAWS | LAW INDEX

[Adopted 2-7-1994 by Ord. No. 219]


§ 191-10 Definitions.

As used in this article, the following terms shall have the meanings indicated:

BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.
BOROUGH
The Borough of Stockertown, Northampton County, Pennsylvania.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal, also called "house connection."
COMBINED SEWER
A sewer intended to receive both wastewater and stormwater or surface water.
EASEMENT
An acquired legal right for the specific use of land owned by others.
EDU
An equivalent dwelling unit and corresponds to an average daily wastewater flow of 225 gallons.
EDU FEE
The one-time fee charged at the time of connection to the public sewer.
FLOATABLE OIL
Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Any wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.
HAULER
Any person who is engaged in the business of transporting septage or holding tank waste.
HOLDING TANK WASTE
Wastewater removed from temporary storage tanks serving individual or small groups of homes and businesses. It does not include industrial waste.
INDUSTRIAL WASTES
The wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.
MAY
Is permissive (see "shall").
MONTHLY BILLING PERIOD
One calendar month as shall be appropriate under the circumstances.
NATURAL OUTLET
Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater.
OFFICIAL SEWER SERVICE AREAS
Those specific areas delineated in the Borough's Official Act 537 Sewage Facilities Plan, as amended.
OWNER
Any person who is the occupant, tenant or holder of title to any property served by the public sewer.
PERSON
An individual, a partnership, an association, a corporation, a joint stock company, a trust, an unincorporated association, a governmental body, a political subdivision, a municipality, a municipal authority or other group entity.
pH
The logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10-7.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking, and dispensing of food that 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 1/2 inch (1.27 centimeters) in any dimension.
PUBLIC SEWER
A common sewer contained within sewer service area as defined in the Borough's Official Act 537 Sewage Facilities Plan.
QUARTER ANNUM PERIOD
Each calendar quarter of each calendar year as shall be appropriate under the circumstances.
SANITARY SEWER
A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of groundwater, stormwater, and surface water that are not admitted intentionally.
SEPTAGE
Material removed from septic tanks serving individual or small groups of homes and businesses. It does not include material from septic tanks, holding tanks or other treatment units serving industries, which is classified as industrial waste.
SEWAGE
The spent water of a community. The preferred term is "wastewater."
SEWER
A pipe or conduit that carries wastewater or drainage water.
SEWER SERVICE FEE
The annual sewer service charge, which will be billed quarterly.
SHALL
Is mandatory (see "may").
SLUG
Any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow, exceeds for any period longer than 15 minutes more than five times the average twenty-four-hour concentration of flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
STORM DRAIN (sometimes termed STORM SEWER)
A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
SUSPENDED SOLIDS
Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue.
TOXIC POLLUTANTS
Any pollutant or combination of pollutants listed as toxic in U.S. Environmental Protection Agency regulations under the provisions of the Clean Water Act of 1977 (P.L. 95-217).
UNPOLLUTED WATER
Water of quality equal to or better than the effluent criteria in effect, or water that would not violate the quality standards of the receiving water and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
WASTEWATER
The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present.
WASTEWATER FACILITIES
The structures, equipment, and processors required to collect, carry away, and treat domestic wastewater, septage and holding tank waste, and industrial wastes, and to dispose of the effluent, including the spray irrigation facilities.
WASTEWATER TREATMENT WORKS
An arrangement of devices and structures for treating wastewater, septage, holding tank waste, industrial wastes, and sludge. Sometimes it is synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant."
WATERCOURSE
A natural or artificial channel for the passage of water either continuously or intermittently.

§ 191-11 Unlawful acts; required use.

A.

It shall be unlawful for any person to place, deposit, or permit to be deposited any human or animal excrement, garbage, or objectionable waste in any unsanitary manner on public or private property within the Borough of Stockertown or in any area under the jurisdiction of said Borough.

B.

It shall be unlawful to discharge to any natural outlet within the Borough of Stockertown, or in any area under the jurisdiction of said Borough, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.

C.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.

D.

The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the Borough and abutting any street, alley, or right-of-way within an official sewer service area in which there is now located or may in the future be located a public sanitary sewer of the Borough or situated upon a parcel of land located within 150 feet from the sewer system, is hereby required at the owner's expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of Borough ordinances, within 90 days after date of official notice to do so.

[Amended 9-6-1995 by Ord. No. 225]

E.

It shall be unlawful for any construction within the floodplain as defined by the FEMA (Federal Emergency Management Agency) to connect to the public sewer system.

F.

It shall be unlawful for any new construction within an area designated as a wetland to connect onto the public sewer system.

G.

It shall be unlawful for any new connections in excess of 200 feet from the proposed sewer line or existing development to connect onto the sewer system.

§ 191-12 Private wastewater disposal; installation and connection of building sewer.

A.

Where a public sanitary sewer is not available under the provisions of § 191-11D, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of the Pennsylvania Department of Environmental Protection.

B.

At such time as a public sewer becomes available to a property within an official sewer service area, a direct connection shall be made to the public sewer within 90 days after notice to do so in compliance with this article, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.

C.

All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the Borough from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

D.

A separate and independent building sewer shall be provided for every building, except where the Borough may otherwise allow.

E.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Borough, to meet all requirements of this article.

F.

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Borough.

G.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

H.

No person(s) shall connect roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sanitary sewer, unless such connection is approved by the Borough for purposes of disposal of polluted surface drainage.

I.

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Borough. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Borough before installation.

J.

The applicant for the building sewer permit shall notify the Borough when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Borough.

K.

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Borough.

§ 191-13 Use of public sewers.

A.

No person(s) shall discharge or cause to be discharged any unpolluted water, such as stormwater, groundwater, roof runoff, subsurface drainage, or cooling water, to any sewer, except stormwater runoff from limited areas. Stormwater may be polluted at times; it may be discharged to the sanitary sewer only by permission of the Borough.

B.

Stormwater, other than that exempted under § 191-13A, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Borough and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the Borough, to a storm sewer or to a natural outlet.

C.

No person(s) shall discharge or cause to be discharged any of the following waters or wastes to any public sewers:

(1)

Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

(2)

Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters or spray irrigation facilities of the wastewater facilities or treatment plant.

(3)

Any waters or wastes having a pH lower than 5.5, or having any other corrosive properties capable of causing damage or hazard to structures, equipment, and personnel of the wastewater facilities.

(4)

Solid or viscous substances in quantities or of sizes capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities. Such substances shall be, but shall not be limited to, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole block, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

D.

The following described substances, materials, waters, or wastes shall be limited in discharges into municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, which will not have an adverse effect on the receiving stream or spray irrigation system, or which will not otherwise endanger life, limb, and public property, or constitute a nuisance. The Borough may set limitations lower than the limitations established in the regulations below if in its opinion more severe limitations are necessary to meet the above objectives. In forming its opinion as to the acceptability, the Borough will give consideration to such factors as the quantity of the subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant and spray irrigation system, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewater discharged to the sanitary sewer which shall not be violated without approval of the Borough are as follows:

(1)

Wastewater having a temperature higher than 150° F.

(2)

Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or produce of mineral oil origin.

(3)

Wastewater from industrial plants containing floatable oils, fat or grease.

(4)

Any garbage that has not been properly shredded.

(5)

Any waters or wastes containing odor-producing substances exceeding limits which may be established by the Borough.

(6)

Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Borough in compliance with applicable state or federal regulations.

(7)

Quantities of flow, concentrations, or both which constitute a "slug" as defined in § 191-10.

(8)

Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters or to the spray irrigation system.

(9)

Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.

(10)

In addition, the following concentrations of chemical substances shall not be exceeded in the sewage originating from any user of the sewer system:

Arsenic (As) 0.5 ppm
Cadmium (Cd) 0.5 ppm
Cyanides (Cn) 0.5 ppm
Iron (Fe) 5 ppm
Trivalent chromium (Cr) 3 ppm
Hexavalent chromium (Cr) 0.2 ppm
Nickel (Ni) 2 ppm
Copper (Cu) 1 ppm
Zinc (Zn) 2 ppm
Lead (Pb) 0.5 ppm
Mercury (or compounds) (Hg) 0.5 ppm
E.

Alternatives for hazardous discharges.

(1)

If any water or wastes which contain the substances or possess the characteristics enumerated in Subsection D of this section and which, in the judgment of the Borough, may have a deleterious effect upon the wastewater facilities, processes, equipment, receiving waters or spray irrigation system, or which otherwise create a hazard to life or constitute a public nuisance, are discharged or are proposed to be discharged into the public sewers, the Borough may:

(a)

Reject the wastes and otherwise prevent recurrence of the waste discharge;

(b)

Require pretreatment to an acceptable condition for discharge to the public sewers;

(c)

Require control over the quantities and rates of discharge; and/or

(d)

Require payment to cover added cost of handling and treating the wastes.

(2)

When considering the above alternatives, the Borough shall give consideration to the economic impact of each alternative on the discharger. If the Borough permits the pretreatment or equalization of waste flow, the design and installation of the plants and equipment shall be subject to the review and approval of the Borough.

F.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the Borough, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in Subsection D(3), or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Borough and shall be located where they are readily and easily accessible for cleaning and inspection. In maintaining these interceptors the owner(s) shall be responsible for the proper removal and disposal of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Borough. Any removal and hauling of the collected materials must be performed by currently licensed waste disposal firms.

G.

Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense.

H.

When required by the Borough, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such a structure, when required, shall be accessible, safely located, and constructed in accordance with plans approved by the Borough. The structure shall be installed at the expense of the owner and shall be maintained by the owner so as to be safe and accessible at all times.

I.

The Borough may require a user of sewer services to provide information needed to determine compliance with this article. These requirements may include:

(1)

Peak wastewater discharge rate and volume over a specified time period.

(2)

Chemical analyses of wastewaters.

(3)

Information on raw materials, processes, and produce affecting wastewater volume and quality.

(4)

Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.

(5)

A plot plan of sewers on the user's property showing sewer and pretreatment facility location.

(6)

Details of wastewater pretreatment facilities.

(7)

Details of systems to prevent and control the losses of materials through spills to the municipal sewer.

J.

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition, of "Standard Methods for Examination of Water and Wastewater," published by the American Public Health Association. Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval of the Borough.

K.

No statement contained in this article shall be construed as preventing any special agreement or arrangement between the Borough and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Borough for treatment.

§ 191-14 Tampering with wastewater facilities.

No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any person(s) violating this section shall be subject to immediate arrest under charge of disorderly conduct.

§ 191-15 Powers and authority of inspectors.

A.

The Borough inspectors and other duly authorized employees of the Borough, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharge to the community system in accordance with the provisions of this article.

B.

The Borough inspectors and other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. An industry may withhold information considered confidential, however, it must establish that the revelation to the public of such information might result in an advantage to competitors.

C.

While performing the necessary work on private properties referred to in § 191-5A above, the Borough inspectors and other duly authorized employees of the Borough shall observe all safety rules established by the owner and applicable to the premises; and the owner shall be held harmless for injury or death to the Borough employees; and the Borough shall indemnify the owner against loss or damage to the owner's property by Borough employees and against liability claims and demands for personal injury or property damage asserted against the owner and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner to maintain safe conditions as required in § 191-13H.

D.

The Borough inspectors and other duly authorized employees of the Borough bearing proper credentials and identification shall be permitted to enter all private properties through which the Borough holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

§ 191-16 Charges.

A.

The Borough is authorized to require the payment of an EDU charge as a condition precedent to connecting to the public sewer. All EDU fees, penalties, sewer service fees and charges collected shall be used for the operation, maintenance, replacement and/or debt service of the wastewater facilities.

B.

The annual sewer service charge shall be assessed to each service unit or house connection; the amount of said charge to be in accordance with the Borough's resolution on sewer rules and regulations; said charge to be due and payable quarterly.

C.

Residential units shall pay an annual sewer service fee based on the actual number of dwelling units on the property. All nonresidential or mixed uses (a mixture of residential and commercial or industrial uses on the same property) shall be required to install meters on their water supply line. For these properties, the annual sewer service fee will be based on the actual water usage as provided for in the Borough's sewer user regulations.

D.

The Borough reserves the right to establish said rates and charges by its resolution on sewer rules and regulations and to increase or decrease said rates and charges from time to time by further regulation and to establish different classifications as to rates.

E.

All rates and/or charges referred to in this article shall constitute a lien on the real estate served and shall be collectible in the same manner as Borough taxes or by suit at law.

F.

Bills will be rendered quarterly and are payable 30 days after date. All bills unpaid for 30 days shall be subject to a penalty of 5% of the total bill.

G.

All sewage service may be discontinued for any premises for which the sewage bill remains unpaid for a period of 60 days after the bill is rendered. If any expenses are incurred by the Borough through the discontinuance of sewage service, service shall not be reinstated until the costs of discontinuance have been paid.

H.

When sewer service has been discontinued from any premises for any reason, or for any violation of the Borough's rules, a charge will be made for restoring service in the amount of the actual cost of reconnecting sewage service except, however, that the minimum charge shall be $100.

§ 191-17 Violations and penalties.

A.

Any person found to be violating any provision of this article except § 191-15 shall be served by the Borough with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

B.

Any person who shall continue any violation beyond the time limit provided for in § 191-17A shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding $1,000/day for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

C.

Any person violating any of the provisions of this article shall become liable to the Borough for any expense, loss, or damage occasioned the Borough by reason of such violation.

D.

Proper officers of this Borough are authorized and directed to do all things and take all legal action necessary, including the filing of municipal claims, shutting off water service, or any other action, in accordance with law, to enforce collection of sewer rates and charges established and imposed hereby and otherwise to carry out provisions hereof.

§ 191-18 Rules and regulations.

A.

From time to time, in accordance with law, and by appropriate ordinance or resolution, the Borough of Stockertown may adopt such additional rules and regulations as it may deem desirable, beneficial or necessary for the use and operation of the sewer system and wastewater treatment works in the collection and treatment of sewage, septage, and holding tank waste from the Borough's consumers.

B.

Any such rules and regulations shall be construed in conjunction with provisions hereof and shall become effective upon the date fixed by this Borough upon adoption thereof.

C.

Any changes, modifications or amendments to this article shall be in accordance with requirements of a Second Class Borough, including but not limited to necessary public notices.

§ 191-19 Effective date and applicability.

This article shall become effective in accordance with provisions of applicable Pennsylvania laws; provided, however, that as provided in this article, the provisions hereof shall be applicable with respect to the sewer system on and after January 1, 1994, and shall become applicable.

§ 191-20 Declaration of purpose.

It is declared that enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of this Borough.

 

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