[HISTORY: Adopted by the Borough Council of the Borough of East Stroudsburg 5-18-1982 by Ord. No. 790, approved 5-18-1982; amended in its entirety 12-3-2019 by Ord. No. 1357, approved 12-3-2019. Subsequent amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Sewer Rate Schedule A
This article shall be known as, and may be cited as, the "Sewer System Regulation Ordinance" of the Borough of East Stroudsburg.
This article provides for the fixing of rates and charges pertaining to sanitary sewer service in the Borough of East Stroudsburg and its environs, fixes the responsibility for the payment of charges for consumption of sewer capacity and related services and provides for the collection of same, adopts rules and regulations for sewer service throughout the sewer system of the Borough of East Stroudsburg and prescribes penalties for violations.
A. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
B. 
As used in this article, the following words and terms shall have the meanings respectively ascribed to them as follows, unless the context clearly indicates a different meaning:
APPLICANT
The applicant shall be the person applying for permission to connect to and receive sewer service from the sewer system, in accordance with the conditions of Chapter 126 and the rules and regulations thereunder by the Borough of East Stroudsburg. The term "property owner" shall mean any person in whose name any property is recorded in the office of the Recorder of Deeds.
BASIC SEWER RATE
The rate charged based upon a methodology as established for the various classifications of sewer service users, as set forth in this chapter.
CONNECTION FEE
Connection fee and customer facilities fee, inclusive, allowed per Act 57 of 2003 (amending Act 203 of 1990) for the cost of the Borough tapping and/or installing the saddle and/or wye connection on the sewer main, once excavated and exposed by the customer's plumbing contractor. The customer shall provide for the services of a qualified plumbing contractor to furnish and install the sewer service line, cleanouts, labor, testing, restoration and other costs associated with the installation of a service line from the tap on the sewer main to the building structure to be provided sewer service in accordance with Borough standards. Connection fees are provided for in Rate Schedule A[1] of this chapter.
CONSUMPTION (OR USAGE) FEE
The fee charged for the actual quantity of sewer capacity used, as based upon water meter readings or otherwise calculated pursuant to this chapter.
CUSTOMER
The person contractually obligated to the Borough of East Stroudsburg to pay for sewer services and to abide by these rules and regulations.
DWELLING
A building including one or more dwelling units.
DWELLING UNIT
A residential living area for one family (as defined in Chapter 124, Rental Property, of the Borough Code) that includes living and sleeping purposes and that has its own cooking facilities and a bathroom with a toilet and a bathtub and/or shower. The term "dwelling unit" shall not be deemed to include a room in a motel, rooming house, tourist home, hotel, hospital, nursing home, short-term rental, dormitory, fraternity or sorority house or other group residence as defined herein.
EBU (EQUIVALENT BILLING UNIT)
The sewer usage equal to 11,889 gallons/quarter or 47,556 gallons/year, as measured by the point-of-use water service meter, and used for determining the basic sewer rate fee, as set forth in Rate Schedule A[2] to be charged to a customer. (These amounts are equal to approximately 45 kiloliters/quarter or 180 kiloliters/year.) An EBU is generally found to be equivalent to the approximate average amount of sewer used by a single-family home within the Borough.
EDU (EQUIVALENT DWELLING UNIT)
The sewer usage equal to 79,497 gallons per year or 217.8 gallons per day, as measured by the point-of-use service meter or by an engineer's calculation, where required. (These amounts are equivalent to 300.90 kiloliters per year or 0.8244 kiloliters per day.) This is the design sewer capacity for a residential dwelling unit connected to the Borough sewer system, calculated at 90 gallons per capita per day times 2.42, the average number of persons per household in the Borough according to the 2000 year census data. This EDU figure is established under the provisions of PA Act 57 of 2003 (which amended PA Act 203 of 1990). The number of EDUs is used to determine the following costs:
(1) 
Tapping fees for new customers;
(2) 
Reassessed tapping fees for existing customers which:
(a) 
Install additions to existing facilities;
(b) 
Expand existing facilities;
(c) 
Expand operations;
(d) 
Increase sewer usage, based upon water meter readings for any reason other than an unidentified loss of water which is remediated within three months of determination of where the loss is occurring; and additional tapping fees for increased sewer usage shall be calculated annually and shall occur in the event the customer's sewer usage as based upon water meter readings increases more than 10% over the previous 12 months' sewer usage, as calculated in or about March of each year.
(e) 
Decrease sewer usage based upon water meter readings by more than 10% over the previous 12 months' sewer usage, as calculated in or about March of each year, and file a new or amended application with the Borough pursuant to § 126-5C, to reassess the EDUs assigned to the premises.
[Added 7-28-2020 by Ord. No. 1371, approved 7-28-2020]
HAZARDOUS SUBSTANCES
(1) 
Any hazardous substance, pollutant or contaminant as defined in Section 101(14) and (33) of the Comprehensive Environmental Response and Compensation and Liability Act (CERCLA), 42 U.S.C. § 9601(14) and (33), or 40 CFR. Part 302;
(2) 
Any hazardous substance, hazardous waste or solid waste, as those terms are defined in applicable state or local law;
(3) 
Any substances containing petroleum as that term is defined in Section 9001(8) or 40 CFR 280.1; or
(4) 
Any other substance for which any governmental entity requires special handling in its collection, storage, treatment or disposal.
MATERIAL CHANGE DECREASE IN FLOW
Established where a nonresidential user, mixed-use user and/or multiresidential dwelling customer has decreased its sewer usage, as based on water meter readings, to its premises by greater than 10% of the previous year's usage for any reason (substantial decrease).
MATERIAL CHANGE INCREASE IN FLOW
Established where a nonresidential user, mixed-use user and/or multiresidential dwelling customer has increased its sewer usage, as based on water meter readings, to its premises by greater than 10% of the previous year's usage for any reason (substantial increase).
METER
A device approved for measuring the quantity of water consumed by a customer, which consumption is the basis for determining the charge for sewer service.
MGL or PPM
Milligrams per liter (or parts per million) in sewer/water analysis.
MINIMUM FEE
The minimum (quarterly or monthly) fee charged for a premises where sewer services are required shall be equivalent to the basic sewer rate charged to one EBU per dwelling unit, or for any nonresidential use, equivalent to the basic sewer rate multiplied by the number of EBUs assessed on the premises, as calculated based on historical records of sewer usage.
OWNER
See "applicant."
PERSON or PERSONS
Individuals, corporations, associations, joint stock companies, firms, partnerships, governments, educational institutions, limited liability companies, limited liability corporations, and other entities established pursuant to statutes of the Commonwealth of Pennsylvania, provided that "person" does not include or apply to the Borough, or any department or agency of the Borough.
PREMISE or PREMISES
Any parcel(s) of real property located in the Borough, including dwelling(s), dwelling units, buildings, common areas, and land and appurtenant and/or accessory structures. The terms "premise" and "premises" are interchangeable.
SERVICE LINE
The pipe leading from the tap on the Borough sewer main to the premises of a sewer customer. The service line is owned by and is the responsibility of the customer.
SEWER MAIN EXTENSIONS
Extensions of collection system pipes beyond existing facilities and exclusive of service connections.
SEWER MAINS
The collection system pipelines owned by the Borough which are located in streets, highways, public ways or private rights-of-way, and which are used to serve the general public.
SEWER SYSTEM
(1) 
Includes the sewer treatment plant, collection system, fixtures, treatment equipment, manholes, pumping stations, forcemain lines, wet wells, cleanouts, rights-of-way and all other properties and facilities together with related equipment now or hereafter owned, operated and maintained by the Borough of East Stroudsburg in order to collect and treat and dispose of sewage for municipal purposes and for the use of the inhabitants thereof.
(2) 
The term "sewer" as applied in this chapter shall be understood to mean the sanitary sewer system as operated by the Borough of East Stroudsburg, under the conditions of permits issued by the Pennsylvania Department of Environmental Protection (PADEP).
SEWER USAGE
The amount of sewage or wastewater deemed discharged from a premises to the municipal sewer system, as calculated based upon individual point-of-use water meter readings for the premises.
SHALL
Mandatory.
SHORT-TERM RENTAL
Any premises utilized as a single-family residence rented for the purpose of overnight lodging for a period of 30 days or less, and which meets the definition of "hotel" for the purpose of imposing an excise tax by the County of Monroe as defined in the County of Monroe Ordinance No. 2004-03, as amended.
STANDBY FEE
(1) 
The minimum fee charged for a premises where sewer services have been terminated or temporarily suspended, equivalent to the basic sewer rate charged to one EBU per dwelling unit, or for any nonresidential use, equivalent to the basic sewer rate multiplied by the number of EBUs assessed on the premises, as calculated based on historical records of reserve capacity. Requests to suspend sewer services and to be assessed a standby fee shall be made in writing by the customer to the Borough. Provided the standby fee continues to be paid on time, the number of EDUs allocated to the premises shall remain unchanged and no additional tapping fees shall be charged to the customer, until such a time as sewer service is restored and it is determined that a material change increase in flow has occurred. If a premises is placed in standby fee status for more than four quarters, the customer may request the standby fee to be waived, at which time the customer will forfeit all EDUs ascribed to the premises. Thereafter any request for sewer services to the property will require a new payment of tapping fees as required by this chapter.
(2) 
Notwithstanding the above, no premises with an unmetered fire protection service line shall have standby fees waived.
STREET
Includes any street, road, lane, cul-de-sac, alley, public way and public square, either for or intended for public use, and shall include the cartway, sidewalk, gutter, and right-of-way area, whether or not the street, or any part of the street, is owned in fee by others than the Borough.
TAPPING FEE
Fee allowed per the Borough Code and PA Act 57 of 2003 (amending PA Act 203 of 1990), as amended, which is based on a collection system charge, treatment plant capacity charge, pump station, and special purpose charge, if any.
TEMPORARY SANITARY SEWER SERVICE
Any nonpermanent sewer service which is billed through the use of an approved temporary water or sewer meter, provided by the Borough, for a short and defined period of time as per the application submitted by the customer. Such use shall include, but not be limited to, bazaars, fairs, construction work, seasonal trailers or camps, and temporary connection of vacant property.
TENANT
(1) 
RESIDENTIAL TENANTAn adult occupant of a regulated rental unit, as defined under Chapter 124 of the Borough Code, with whom a legal relationship with the owner of the premises is established by written or oral lease, or other enforceable possessory right under the laws of Commonwealth of Pennsylvania.
(2) 
NONRESIDENTIAL TENANTA person legally occupying a premises or any portion thereof with whom a legal relationship with the owner of the premises is established by written or oral lease, or any other enforceable possessory right under the laws of the Commonwealth of Pennsylvania.
USE
A lawful activity engaged in or upon a premises or any part thereof by an owner, tenant or other persons with a legally enforceable possessory interest to engage in such activity. A legal use may contain multiple uses which are created by the subdivision of possessory interests within a premises. Each use within a legally approved use is considered its own independent use.
[1]
Editor's Note: Rate Schedule A is included as an attachment to this chapter.
[2]
Editor's Note: Rate Schedule A is included as an attachment to this chapter.
A. 
Receipt of sewer services. Any person who owns property in the Borough agrees by receipt of sewer service from the Borough to be bound by the conditions of this chapter and the rules and regulations promulgated thereunder as amended from time to time by the Borough.
B. 
Mandatory sewer connections. All owners of premises abutting or adjoining any street or alley in which there is an existing sewer main or in which a sewer main may be constructed shall make connection, at their own expense, to such sewer line for the purpose of providing sewer service to such premises. For the purposes of this chapter, the term "abutting" shall mean any premises where the property line falls within a distance of 200 feet from an existing Borough sewer main. Any such owner of premises shall be given at least 45 days' notice of the requirement for connection of his premises to the Borough sewer system. Upon failure of such owner to make such connection, the Borough may make the same and collect the cost thereof in accordance with law. In addition, after 45 days' from the notice issuance, the Borough shall charge the EBU and EDU fees as calculated under this chapter, regardless of the status of the connection.
A. 
Application for sewer service.
(1) 
The owner of premises desiring the provision of sewer service from the Borough of East Stroudsburg sewer mains for the premises must first make a written application on the form furnished by the Borough of East Stroudsburg, at least two weeks before service is required, stating the street and house number or location, the name of the owner and tenant, the purpose for which service will be used and the exact time when the trench from the premises to the premises curbline and this service will be ready for making the connection.
(2) 
In making application for sewer service, each customer contracts and agrees to be bound by this chapter, by Borough of East Stroudsburg rules and regulations for sewer service in effect at the time application is made, and by such other rules and regulations as may be promulgated from time to time by the Borough.
(3) 
The application shall require payment of sewer service connection fees, and tapping fees, and other charges currently in effect.
(4) 
Where special service charges are fixed or the cost of service of any kind is estimated, payment must be made at the time application is submitted and before the service is turned on.
B. 
Application for sewer service for change of ownership of premises.
(1) 
For any change of ownership of a premises receiving sewer service, the new owner shall be required to make an application to the Borough for continued sewer service. Failure to do so within 30 days of the change of ownership shall be a violation of this chapter and shall result in a late charge fee as set forth in Rate Schedule A[1] and issuance of a ten-day notification to the new owner to file an application before termination of sewer service to the premises pursuant to § 126-14 of this chapter.
[1]
Editor's Note: Rate Schedule A is included as an attachment to this chapter.
(2) 
All outstanding sewer service charges shall be paid prior to acceptance of the application by the Borough. No agreement to provide sewer service will be entered into by the Borough with any applicant for sewer service for a specific property until all delinquent Borough charges on that property have been paid or until an arrangement satisfactory to the Borough Council for payment of the unpaid charges are made. An applicant for sewer service who has outstanding charges owed to the Borough for other sewer services, past or present, shall pay all such charges prior to the new service being established.
(3) 
All conditions for sewer service shall be subject to such changes or other modifications as may be directed by action of the Borough or the Commonwealth of Pennsylvania or other regulatory body.
(4) 
Change in ownership or conditions of sewer service use of a premises shall require written notification of such proposed change(s) by the current owner of the premises to the Borough. At least five days in advance of the change in ownership taking effect, the current owner shall provide a written request of the Borough to read the water meter. The Borough will read the water meter in order to bill the final amount due from the terminating customer, under the conditions of this chapter. The current owner shall be required to pay a closing figure fee as established in Rate Schedule A. The meter reading shall be valid for a period of 48 hours. A second request for meter reading, or requests made with less than five days' notice, will result in a late charge fee, as set forth in Rate Schedule A of this chapter, being added to the final sewer billing to the current owner. Future billings shall be sent to the applicant for sewer service as the new owner of the premises.
(5) 
In making application for sewer service, the applicant contracts and agrees to be bound by this chapter, by Borough of East Stroudsburg rules and regulations for sewer service in effect at the time application is made, and by such other rules and regulations as may be promulgated from time to time by the Borough.
C. 
Conditions of sewer service.
(1) 
Any customer making any material change in the size, character, or extent of equipment or operations utilizing sewer service, or whose change in operation results in a material change increase in flow, shall immediately give the Borough written notice of the nature of the change, and either amend its application if an application exists with the Borough or submit a new application, and pay all fees as applicable under the conditions of this chapter.
[Amended 7-28-2020 by Ord. No. 1371, approved 7-28-2020]
(2) 
Any customer claiming a change in operation which results in a material change decrease in flow may file a new or amended application with the Borough pursuant to § 126-5C, to reassess the EDUs assigned to the premises. The application shall provide the Borough written notice of the nature of the change, and shall include a request by the customer to forfeit the capacity, or a portion thereof, previously allocated to the premises. The customer shall not be eligible for any refund as a result of the forfeit. If at some point in the future the premises requires additional sewer capacity allocated to the property, the owner of the premises shall be subject to making a request for the additional capacity required and, if that capacity is available, paying whatever tapping fees are in force at the time.
[Added 7-28-2020 by Ord. No. 1371, approved 7-28-2020[2]]
[2]
Editor's Note: This ordinance also renumbered former Subsection C(2) through (9) as Subsection C(3) through (10), respectively.
(3) 
The Borough shall adjust the number of EDUs assigned to the premises to account for additional tapping fees based on the increase in sewage usage due to a material change increase in flow, for the reasons set forth in Subsection C(1) above. Tapping fees based upon recalculated EDUs shall not be returned if a sewage usage is subsequently decreased due to a material change decrease in flow. The Borough shall also adjust the customer's sewer bills, based upon recalculated EBUs. Failure to file an application will not relieve a customer of the obligation to pay for additional EDUs and pay for additional EBUs in accordance with the conditions of this chapter. The Borough shall have the right, upon 10 days' notice, to discontinue sewer service until such an application has been submitted and approved, and all outstanding fees have been paid in full.
(4) 
Failure to follow and abide by the conditions of sanitary sewer service under Chapter 126 of the Borough Codes shall subject the customer to penalties as outlined under § 126-20 of this chapter.
(5) 
Each premises with an established sewer connection shall require a separate water meter for each use and/or each dwelling unit located on the premises being served by the sewer connection or connections.
(6) 
The Borough may refuse to serve an applicant if the applicant does not have facilities to maintain an adequate level of service, or has failed to provide separate water meters if required under this chapter or Chapter 154 or if the service is of such character that is likely to result in unfavorable service to other users, or if the applicant's installation of piping is regarded as hazardous or of such condition that satisfactory service cannot be adequately provided. The Pennsylvania Uniform Construction Code standards shall govern.
(7) 
Sewer service to premises shall only be provided through a Borough-approved service line and connection. No premises with an approved connection may convey sewage from another premises. Violation of these rules will subject the customer to penalties as prescribed under the conditions of § 126-20 of this chapter. All participants may be subject to the provisions of theft of utility services pursuant to the Pennsylvania Crimes Code.
(8) 
It is unlawful to bypass, modify, change, tamper with, or replace the Borough's water meter without the Borough's written permission, and constitutes a violation of Chapter 126 as well as Chapter 154.
(9) 
All sewer charges to a premises shall constitute a lien against the premises at the time the sewer service is rendered, regardless of the billing date.
(10) 
No premises with a water meter shall be served or provided water that has gone through the meter of another premises without express written approval of the Borough.
A. 
Service lines.
(1) 
Upon application for a new service connection and proper payment of fees, the Borough will tap the main and provide a saddle and/or wye for connection at the sewer main. It shall be the applicant's responsibility to construct the service line from the main to the applicant's premises.
(2) 
The customer shall be responsible for the maintenance and repair of the service line. All breaks or blockages in the service line must be repaired promptly by the customer. If the customer fails to promptly repair any leaks, blockages or non-conformities of this service line with the requirements of this chapter, the Borough shall have the rights to discontinue service by shutting off water service at the curb stop, and if necessary to protect the sewer system, the Borough shall excavate and cap the service line. Any costs involved in this process, including legal fees, associated with making these repairs, shall be charged to the customer the Borough shall assess charges for shutoff and resumption of sanitary sewer service in accordance with the provisions of Chapters 126 and 154, and as set forth in Rate Schedule "A" of Chapter 126. These charges shall constitute a lien against the property.
(3) 
Service lines will not be installed when the service line passes over or through premises other than those owned by the owner of the premises to be supplied, unless the owner of the premises to be supplied assumes all liability and furnishes a recordable right-of-way agreement granting an easement or easements in a form satisfactory to the Borough.
(4) 
The service line installed by the applicant shall not be less in size and quality than prescribed by the Borough and shall be laid not less than the required depth below the surface as specified by the Borough and shall not be covered until the service line is inspected by the Borough. If any defects in workmanship or material are found, water service shall not be turned on until such defects are remedied. All plumbing connections shall be installed in accordance with the Uniform Construction Code in force at the time of installation of the service line. The applicant's contractor shall install a detectable warning tape marked "Sewer" approximate one foot above the service line from the sewer main to the premises. Service lines installed in violation of this section shall be subject to re-opening, inspection, and if necessary replacement upon order of the Borough.
(5) 
No service line shall be laid in the same trench with a water or gas service line.
(6) 
Installation of all new sewer service lines, or repair or replacement of existing service lines, shall require a GPS survey by the Borough Engineer to establish the coordinates and elevation of the service line at both the location where the tap is made on the sewer main and the location where the service line crosses the property line or street right-of-way. The applicant shall provide a minimum of 72 hours' written notice to the Borough of the need for this survey. The cost of the survey shall be charged to the applicant by the Borough in accordance with the rates established in Rate Schedule A.[1]
[1]
Editor's Note: Rate Schedule A is included as an attachment to this chapter.
(7) 
In addition, the applicant shall be responsible for having procured a street opening permit from the Borough (or road opening permit from PennDOT, if applicable), pursuant to Chapter 136, Streets and Sidewalks.
(8) 
The sewer service line from the premises to the sewer main shall be kept in good condition by the customer under penalty of discontinuance of service by the Borough. All leaks on the sewer service line must be repaired promptly by the customer.
(9) 
The Borough reserves the right to inspect the plumbing on any premises and, if it shall be found not in conformity with the rules of the Borough, to refuse and/or discontinue sewer service until the objectionable or improper work is corrected.
(10) 
All abandoned sanitary sewer service lines shall be immediately disconnected at the curbline and properly blocked by the property owner to prevent water infiltration into the system, at his own expense, and he shall be liable for all damages that may arise by reason of any abandoned service line remaining attached to the sanitary sewer main in front of his property or wherever the same may be.
(11) 
The Borough may, at its discretion, disconnect any abandoned sewer service lines at the sewer main and charge the property owner for all costs incurred, and may lien the property until satisfied.
(12) 
Sewer service connections may be made independently of water service connections. However, no premises shall be connected to the Borough sewer system without also being connected to the Borough water system, and being provided with an approved water meter for the measurement of sewer usage. All water service lines must be maintained in accordance with Chapter 154, Water. Violations of the conditions of sewer service under Chapter 126 shall be considered a violation of the conditions of water service under Chapter 154. Violations of the conditions of water service under Chapter 154 shall be considered a violation of the conditions of sewer service under Chapter 126. Sewer service connections shall be terminated by the Borough terminating water service to the premises.
(13) 
Continued use of sewer service after discontinuation of water service shall be deemed theft of utility services and may be subject to criminal, civil and/or equitable penalties pursuant to § 126-20. Use of sewer service on a premises without a lawful water connection shall be deemed prima facie evidence of the theft of water service.
B. 
Connection fees.
(1) 
Prior to issuance of a building permit, a connection fee paid to the Borough as provided in Rate Schedule A[2] of this chapter shall be due and payable to the Borough of East Stroudsburg for each new service requiring a connection to the Borough's sewer collection system. The cost of the applicable connection fee must be paid in full prior to the Borough allowing the use of the new connection for sewer service. Sewer and water service shall not be activated to the property until the applicable fees are paid in full.
[2]
Editor's Note: Rate Schedule A is included as an attachment to this chapter.
(2) 
The Borough will also charge the applicant for the actual cost for the Borough to make the tap on the sewer main and furnish and install a saddle and/or wye for connection of a service line by the applicant. The actual cost of installing the tap may vary, and shall be based on the type of connection, and the size of the tap to be installed. In the event that the cost to install the tap and other components of the connection exceeds the minimum connection fee as listed in Rate Schedule A of this chapter, the fee charged to the applicant for the connection shall be the actual cost of installation.
(3) 
The connection fees (and all other rates and fees) as set forth in Rate Schedule A of this chapter may be amended by resolution of Borough Council.
C. 
Other charges for connection services. Borough Council or other authorized Borough officials may assess charges against an applicant for special services rendered in regards to making connection, or repairing or replacing a connection, to the Borough sewer system, or for damages to Borough-owned equipment or facilities or for any other unlawful activity, and such charges must be paid by said applicant. Such costs, including professional fees, shall not exceed actual costs plus a 10% administrative fee. Upon failure of the applicant to pay such charges within a reasonable time after presentation of same, the sewer service may be refused or turned off, as well as the claim may be collected in such manner as other municipal claims are now by law collected.
D. 
The whole cost, or part of the cost, of construction of new sewer mains or extension of existing sewer mains, whether such mains are located within or without the limits of the Borough, serving the properties abutting thereon may be assessed by the Borough against the properties abutting along the line thereof by the "Front Foot rule," as defined in the Pennsylvania Municipal Authorities Act, latest edition. Such assessments may be collected as other municipal claims are now by law collected. With respect to new subdivisions within the Borough of East Stroudsburg, the total costs of new water mains or extensions of existing sewer mains shall be borne by the owners or developers of said subdivisions and constructed in accordance with requirements of the Borough's Subdivision and Land Development Code.[3]
[3]
Editor's Note: See Ch. 140, Subdivision and Land Development.
A. 
Equivalent dwelling unit; tapping fees.
(1) 
Every connection to the Borough sewer system shall require tapping fees to be paid as calculated pursuant to this chapter.
(2) 
The design capacity for a residential customer of the Borough sanitary sewer system is 217.8 gallons per day (gpd) per equivalent dwelling unit (EDU) calculated at 90 gallons per capita per day times 2.42, the average number of persons per household in the Borough according to 2,000-year census data, in accordance with the provisions of PA Act 57 of 2003. The EDUs for nonresidential user and mixed-use user customers shall be calculated by the customer's daily sewer/wastewater flow usage (as determined by water meter readings) divided by 217.8 gpd, to the nearest tenth of an EDU (rounded up where applicable).
B. 
Components.
(1) 
The sewer tapping fee is composed of the following four components as calculated in the sewerage system tapping fee study:
(a) 
Capacity part (treatment facilities): $2,425 per EDU.
(b) 
Collection part (collection facilities): $1,104 per EDU.
(c) 
Special purpose part: $0 per EDU.
(d) 
Reimbursement part: $0 per EDU.
(e) 
The total sewerage tapping fee shall be $3,529 per EDU.
(2) 
The sewer tapping fee may be revised from time to time based on new engineering calculations and approved by ordinance.
(3) 
No less than this fee is due and payable upon issuance of a building permit. No connection to the sewer system or water system shall be allowed until the tapping fees are paid in full, pursuant to Chapter 126 and Chapter 154.
(4) 
In no case shall any nonresidential user be assessed less than one EDU for the tapping fee for sewer service. If it is determined by the Borough that the more than one EDU would apply to a particular use (nonresidential users, mixed-use users or multiresidential dwellings) requesting connection to the system, the applicant shall submit an application and in the application shall submit historical data and engineering calculations to support the estimated sewer use projections for the premises. The data and calculations shall be reviewed by the Borough and/or Borough Engineer using engineering standards and procedures. All determinations of the Borough shall be final. Within one year following the date of connection, the Borough shall make an analysis of actual quarterly sewer usage, and the Borough shall thereafter adjust the EDU assignment, and associated tapping fees previously collected either upward or downward based on the quarterly usage. The onus is on the applicant to definitively demonstrate that actual use after one year is less than projected in order to qualify for a reduction in EDUs, and associated tapping fees.
(5) 
In those cases where an owner of a property is demolishing existing structures due to fire or redevelopment of that property, the owner shall be given credits equal to the existing EDUs previously purchased for and/or allocated to the premises or, if EDUs were not previously purchased and/or allocated, based on sewer usage as otherwise established by the Borough, provided a new connection for sewer and water service is reestablished and put into service within five years of the initial termination of service date, and provided all standby fees are paid in full up through the date of reestablishment of service. This condition may be modified and the timeframe for reestablishment of service extended by motion of Borough Council at a public meeting. If the reconstruction or redevelopment of the property results in a use exceeding the prior tapping fee (EDU) usage then the owner shall pay the difference in tapping fee (EDU) charges. In those cases where a change in use, addition or expansion of use results in additional tapping fee (EDU) usage, additional charges shall be based upon the additional usage (EDUs) and assessed to the property owner. In no case shall credits be given for any excess EDUs which may result due to the reconstruction or redevelopment of a site and in no case shall EDUs be transferable from the original property to another property. Any additional fees shall be charged in full per § 126-7A and B.
(6) 
Once EDUs are established and documented by the Borough (whether or not tapping fees have been paid) these EDUs shall serve as the basis of reserved capacity on a premises, regardless of annual fluctuations not representing a material increase (or material decrease) in flow.
(7) 
A premises may be considered to be in vacancy status by the Borough if the premises experiences a reduction in usage of more than 25% less than the allocated capacity to the premises over a period of more than five years. The owner of a premises in vacancy shall forfeit all EDUs ascribed to the premises, or a portion thereof, as determined by the Borough.
(8) 
A change of use on a premises shall require a recalculation of EDUs and if determined by the Borough, a reduction in EDUs, and reserved capacity, allocated to the premises.
A. 
Metering requirements; reading.
(1) 
Customer sewage flow discharging to the Borough's sewer collection system shall be determined based on water meter readings only through water meters, unless otherwise approved by the Borough via agreement. If an industrial or institutional customer, which utilizes a maximum monthly average of more than 10,000 gallons per day of sewage usage, requests that a sewage flow meter be utilized for determining sewage flow for a premises, the customer shall submit plans, details and specifications for the sewage flow meter for review by the Borough. If approved, the customer shall be responsible for all costs of the design, installation and maintenance of the sewage flow meter to be owned by the Borough. The Borough may require the use of a grinder pump or other sewer pump station in this situation. The Borough may request calibration of the sewage flow meter at any time and may require replacement of the sewage flow meter every five years, at its discretion, to assure accuracy. The cost of calibration and/or replacement of the sewage flow meter shall be reimbursed by the customer to the Borough.
(2) 
An industrial or institutional customer, which utilizes a maximum monthly average of more than 10,000 gallons per day of water usage through a single water meter and which holds a current NPDES industrial wastewater discharge permit issued by the PADEP, may request that the Borough allow the use of a separate meter(s) to measure the regulated NPDES discharge to storm sewers or waters of the commonwealth to deduct the flow of water not being discharged to the Borough's sewer collection system, for the purpose of determining sewage flow for a premises. The customer shall submit plans, details and specifications for the NPDES discharge flow meter(s) for review by the Borough. If approved, the customer shall be responsible for all costs of the design and installation of the discharge meter(s) to be owned by the Borough. The customer shall be required to enter into an agreement with the Borough outlining the conditions for reading of meters and billing for sewer usage. The Borough shall read the main water meter and NPDES discharge flow meter(s) and shall be provided access at all times to inspect and maintain these meters. The Borough must approve the location and installation of all water meters and the NPDES discharge flow meter(s). The Borough may request calibration of the NPDES discharge flow meter(s) at any time and may require replacement of the NPDES discharge flow meter(s) every five years, at its discretion, to assure accuracy. The cost of calibration and/or replacement of the NPDES discharge flow meter(s) shall be reimbursed by the customer to the Borough.
(3) 
No deductions of flow or sewer usage will be considered for grounds or landscape irrigation water, filling of pools, car washing, industrial process water (except as specifically stated above) or water delivered to cooling towers or HVAC systems.
(4) 
Specifications for ownership, installation and location of water meters are set forth in Chapter 154.
(5) 
Meters shall be read at a minimum of quarterly by the Borough. The Borough may elect to read the meters of large nonresidential users and mixed-use users on a more frequent basis. Upon the sale of any premises, the Borough shall also read the meter at the premises.
(6) 
Meters shall be read in accordance with Chapter 154.
B. 
Quarterly rates and minimum charges. Sewer usage charges are comprised of two components as follows:
(1) 
Basic sewer rate fees shall be calculated for the classifications of sewer users listed below and charged as provided per Rate Schedule A[1] of this chapter, as may be amended by duly authorized fee schedule and in accordance with law.
[1]
Editor's Note: Rate Schedule A is included as an attachment to this chapter.
(2) 
Consumption or usage fees, as per Rate Schedule A of this chapter, as may be amended by resolution of Borough Council and in accordance with law.
C. 
Other fees.
(1) 
If a customer requests water to be shut off at the curb stop, the customer shall be required to pay a standby fee, in accordance with Rate Schedule A. All premises will have water meters read and will be invoiced, regardless of sewer usage, unless a written request from the customer is made to the premises placed in standby status. In said instances where water service is shut off to the premises, the Borough shall charge sewer and water standby fees, utility shut-off fees, utility service restoration fees, or other such fees as set forth in Rate Schedule A of this chapter and Chapter 154.
(2) 
If water service is shut off for any reason, a minimum of 48 hours' notice is required before water service can be restored by Borough personnel. All applicable fees, as provided for in this chapter, must be paid in full to the Borough, prior to service being restored.
D. 
Classifications of sewer users.
(1) 
Single-family homes, consisting of one dwelling unit on a single premises, are charged at a basic sewer rate of one equivalent billing unit (EBU). All sewer usage in gallons (or kiloliters) shall be charged the consumption fee at the rate set forth in Section 126-8, B.(2). In no case, shall any single-family home provided with sewer service, be charged less than one EBU minimum multiplied by the basic sewer rate.
(2) 
Multiresidential dwellings, consisting of more than one dwelling unit on a single premises, including two-family residential dwellings, are to be provided a separate water meter for each dwelling unit, and to be charged at a basic sewer rate of one equivalent billing unit (EBU) for each dwelling unit, plus a consumption fee for each dwelling unit at the rate set forth in § 126-8B(2). In those instances, in which separate connections and separate metering do not exist, each dwelling unit shall be subject to the same charge as would be applied if separate connections (with separate meters) had been made to each dwelling unit present on the premises so served. All sewer usage in gallons (or kiloliters), through any or all water meters on the premises, shall be charged to the multiresidential dwellings at the consumption fee at the rate set forth in § 126-8B(2). In no case shall any multiresidential dwellings provided with sewer service be charged less than one EBU minimum for each dwelling unit multiplied by the basic sewer rate.
(3) 
Commercial, industrial, and institutional users, hereafter collectively referred to as "nonresidential users," are charged a basic sewer rate fee multiplied by the number of EBUs assessed on the premises, plus the consumption fee for all sewer usage in gallons (or kiloliters) at the rate set forth in § 126-8B(2). The number of EBUs assessed is based on an annual average of the previous four quarters of sewer usage, as calculated from water meter readings in or about March of each year for the premises. The annual average is divided by the amount of sewer flow established in the definition of an EBU to determine the number of EBUs to be assessed for each nonresidential user's premises. Nonresidential users will be invoiced for each separate metered connection on the premises quarterly, at a minimum. Each metered connection on the premises shall be assessed at no less than one EBU per metered connection multiplied by the basic sewer rate. New nonresidential user premises, or premises converted to a nonresidential use, will be assessed an initial number of EBUs based upon calculations, historical meter data from similar facilities, and/or PADEP planning module submission, as submitted by the applicant and approved by the Borough, until such time as a one-year history is established for the premises. EBU assessments shall be recalculated on a yearly basis, to the nearest tenth of an EBU. In no case shall any nonresidential user premises provided with sewer service be charged less than one EBU minimum multiplied by the basic sewer rate. Thereafter the EBUs assessed to the premises shall be calculated as indicated in this subsection, to the nearest tenth of an EBU (rounded up, where applicable). New nonresidential user premises, premises converted to a nonresidential use and/or nonresidential user premises undergoing renovation for which a plumbing permit is required shall provide separate water meters for each use on the premises, unless otherwise waived by the Borough (see Chapter 154).
(4) 
Mixed-use (commercial/residential) users consist of at least one commercial use and one or more residential dwelling unit on a single premises. Mixed-use users are to be provided with separate sewer connections and separate water meters for each commercial connection and each residential dwelling unit, and are to be charged: 1) a basic sewer rate fee multiplied by the number of EBUs assessed for each commercial use on the premises, based on an annual average of the previous four quarters of sewer usage, as calculated in or about March of each year, consistent with Subsection D(3) above; and 2) a basic sewer rate of one equivalent billing unit (EBU) for each residential dwelling unit; and 3) for all sewer usage in gallons (or kiloliters), as measured through all water meters on the premises, which shall be charged the consumption fee at the rate set forth in § 126-8B(2). Mixed-use users for which separate connections and separate metering do not exist are to be charged a basic sewer rate fee multiplied by the number of EBUs assessed based on an annual average of the previous four quarters of sewer usage, as calculated from water meter readings in or about March of each year, for the entire premises consistent with Subsection D(3) above, but no less than a minimum charge as would be applied by assessing a minimum of one EBU to each commercial use and one EBU to each residential dwelling unit, subject to the same minimum charge as if separate connections (with separate meters) had been made to each commercial use and each dwelling unit. All sewer usage in gallons (or kiloliters) shall be charged the consumption fee at the rate set forth in § 126-8B(2). New mixed-use user premises, or premises converted to a mixed use, will be assessed an initial number of EBUs based upon calculations, historical meter data from similar facilities, and/or PADEP planning module submission, as submitted by the applicant and approved by the Borough, until such time as a one-year history is established for the premises. Thereafter the EBUs assessed to the premises shall be recalculated on a yearly basis as indicated in this subsection, to the nearest tenth of an EBU (rounded up, where applicable). In no case shall any mixed-use premises provided with sewer service be charged less than one EBU minimum per commercial use and one EBU minimum per residential dwelling unit, each multiplied by the basic sewer rate.
(5) 
In the event that a reduction of EBUs assessed to a nonresidential user or mixed-use user premises is determined by the Borough, based upon a calculation of the annual average meter readings, and the decrease in the customer's sewer usage is more than 10% compared to the previous year's usage, the Borough shall notify the customer of the Borough's intent to reduce the EBUs and may adjust the premises' allocated capacity (in EDUs) corresponding to the reduction in EBUs. The customer shall not, as a result of the granted decrease in EBUs assessed, be entitled to the return of or credit for charges paid in previous billing periods. Further, the customer shall not be entitled to the return of or credit for EDU (tapping fees) previously purchased, as a result of the reduction of sewer capacity allocation.
(6) 
In the event that a nonresidential user or mixed-use user premises increases its sewer usage more than 10% in excess of the assessed EBU amount then allocated, over a six-month period, the Borough shall notify the customer of the Borough's intent to increase the EBUs, and that customer's EBU assessment (to be multiplied by the basic sewer rate fee) shall be adjusted by the Borough to account for the increase. One common notification letter may be issued by the Borough to cover both sewer and water usage increases by the customer.
(7) 
If the increase in sewer usage as set forth above continues for a period of one year, then the Borough shall review the sewer flows as follows. The Borough will perform an annual review and reassessment of EDUs on nonresidential user or mixed-use user premises for greater than a 10% increase in a one-year period's flow readings over the previous year period's flow readings in a case where EDUs have not been formally allocated and documented for a premises. Once EDUs have been formally allocated to a property, the Borough will issue a notification of reassessment of EDUs for a greater than 10% increase in one-year period's flow readings over the capacity associated with the allocated EDUs. Upon notification by the Borough to the customer of the Borough's intent to adjust the premises' allocated capacity (in EDUs) due to increased sewer usage, the customer shall be required to purchase additional sewer capacity, based upon the assessment of EDUs as set forth in this section, at the current rate then in effect.
E. 
Bulk sewer users.
(1) 
The sale of bulk sewer usage from the Borough sewer system shall only be approved through a special agreement between the Borough and a bulk sewer user. The bulk sewer user must be a municipal entity (municipality or municipal authority) and shall not also be a bulk water user. Measurement shall be as set by the agreement.
(2) 
The bulk sewer usage charge as set forth in Rate Schedule A[2] of this chapter shall apply.
[2]
Editor's Note: Rate Schedule A is included as an attachment to this chapter.
(3) 
The Borough may enter into an agreement for the bulk sale or bulk purchase of sewer usage during a declared emergency, in accordance with law.
(4) 
Bulk sewer users need not also be water users.
F. 
Temporary sewer service users. Fees for temporary sewer service shall be charged at the rates set forth in Rate Schedule A[3] of this chapter, plus the cost of water meter rental. A deposit shall be required as set forth in Rate Schedule A of this chapter, which at a minimum will include the cost of the meter.
[3]
Editor's Note: Rate Schedule A is included as an attachment to this chapter.
G. 
Billing.
(1) 
Sewer services provided to a premises shall be a lien against the premises at the time the services are rendered, regardless of billing date.
(2) 
All bills for sewer service to single-family homes will be invoiced quarterly. Invoices for multiresidential dwellings, nonresidential users, and mixed-use users, and any customers in arrears, will be billed quarterly at a minimum, but may be billed on a more frequent basis, as determined by the Borough in its sole discretion.
(3) 
Per diem. Where new connections occur between quarterly billing periods or where existing customers give proper notice to the Borough office of a request to shut water off or turn water on (at the curb stop), the Borough shall calculate the bill on a per-diem (daily) basis. The calculations shall be based on a proration of the applicable basic sewer rate fees, plus the actual consumption fees.
(4) 
In cases of excessive water meter registration, no adjustment will be made of bills rendered prior to the billing period in which complaint was made or of bills of a previous consumer, whether tenant or owner.
(5) 
The Borough will only bill owners of a premises for sewer services rendered to the premises, regardless of the owner's occupancy. The owner of the premises shall always be fully liable for payment of all bills.
(6) 
Bills are due and payable upon presentation. The Borough will allow for a grace period of 15 days to pay a sewer bill, after which a 10% penalty, plus interest and other fees, may be imposed.
(7) 
Water service may be discontinued to any customer who allows a bill for sewer service to remain unpaid for longer than 3 1/2 months following the issuance of a bill. In the event that water service is discontinued due to nonpayment of bills, all delinquent and current water and sewer bills for the premises, plus any outstanding penalties, interest and fees thereon as may be determined by the Borough, must be paid before sewer service will be restored.
(8) 
The Borough reserves the right to collect unpaid bills for water service and sewer service as municipal lien claims, and as authorized by law.
(9) 
Failure to receive a bill shall not exempt any customer from the customer's obligation to pay for services rendered. The presentation of a bill to the customer is only a matter of accommodation and not a waiver of this rule.
(10) 
Failure to pay water and/or sewer bills when due is a violation of this chapter, and the customer may be subject to penalties, as set forth in the penalties section of the chapter.
(11) 
The Borough shall follow standard administrative procedures for the discontinuance and shut off of sewer service to a premises.
(12) 
Any person who receives notice, or whose premises is posted with a notice, of the Borough's intent to shut off sewer service to the premises within 10 days of the posting shall have 10 days from the date of the original posting to file an appeal.
(13) 
When the premises are vacated, the customer must give notice at the office of the Borough of East Stroudsburg so that the water may be turned off, and he will be responsible for all charges for sewer service until such notice is given.
(14) 
A fee or fees, as set forth in Rate Schedule A of Chapter 154, shall be charged by the Borough for any request to turn off or turn on water service to the service connection at the curb stop.
(15) 
Any customer disputing the accuracy of a bill shall, within 15 days of receipt of the bill, submit, in writing, to the Borough Chief Financial Officer, all bases for the dispute. The Borough shall promptly investigate. If the investigation does not resolve the dispute, the customer may file an appeal in accordance with the provisions of Article II of this chapter, no later than 30 days after the receipt of the bill. In any event, if the customer is unsatisfied with the results of an investigation or disagrees with the findings, the period for filing an appeal shall commence from the date of receipt of the bill in question.
A. 
All customers shall comply with the specifications for siting and installation of water meters in accordance with Chapter 154.
B. 
For all new single-family homes, or conversion of an existing single-family home to any other classification or use, the meter is to be placed outside the building of the single-family home, in an approved meter pit furnished by the Borough at the expense of the customer, unless otherwise waived by the Borough, and must have a suitable disc-valve type or ball-valve type stop and a backflow prevention device approved by the Borough.
C. 
For any change of use to a premises or any new construction or renovations of multiresidential dwellings, nonresidential user premises, or mixed-use user premises requiring a plumbing permit under the Borough Codes, the Borough shall require separate meters, shut-off valves and backflow prevention devices for each use or dwelling unit on the premises, to be installed in an approved meter pit outside of the building, or in a separate mechanical room within the building with exterior access to be provided to Borough personnel at all times, unless otherwise waived by the Borough. Multiresidential dwellings shall be provided with a separate meter and shut-off valve for each dwelling unit. Mixed-use user premises shall be provided with a separate meter and shut-off valve for each commercial use and for each dwelling unit, unless otherwise waived by the Borough.
D. 
In the case of a nonresidential user, where the nonresidential use was created by a change of use from another classification, the metering and backflow prevention devices for the premises will be reviewed for conformance with the requirements of Chapter 154, and, if upgrades, modifications or replacement of these devices are required, these improvements will be made and the cost of the improvements will be the responsibility of the customer.
E. 
In the case of a mixed-use user, where the mixed use was created by a change of use from another classification, the metering and backflow prevention devices for the premises will be reviewed for conformance with the requirements of this chapter 126 and Chapter 154, and, if upgrades, modifications or replacement of these devices is required, these improvements will be made and the cost of the improvements will be the responsibility of the customer.
A. 
The Borough shall not be liable for any damage resulting from leaks, blockages, broken pipes or from any other cause occurring to sewer mains, sewer service lines or within any house or building, and it is expressly agreed that no claims shall be made against the Borough for damage caused by the bursting or breaking of any sewer main or caused by sewer main or service line blockages or backup of sewage.
B. 
All sewer usage shall be charged as per this chapter, and no allowance will be made for excessive consumption due to leaks or waste.
No person, except an employee of the Borough of East Stroudsburg Sewer or Water Departments or other duly authorized person, shall open, close or in any way interfere with any valve, stopcock, backflow prevention device, meter, meter horn, remote reader, transmitter and antenna in the Borough of East Stroudsburg water system. Bypassing of a water meter, or tampering with or in any way interfering with the normal operation and recording of a water meter, is illegal and shall constitute a theft of utility services as well as a violation of this chapter.
No connections or outlets will be permitted on the water service line or water pipes, supplying any premises, between the street water main and the meter. All water used must pass through the meter.
A. 
The Borough shall, after due notice, shut off the water for nonpayment of water and/or sewer bills, including nonpayment of standby fees, or for neglect or refusal to comply with these rules and regulations. The Borough shall assess charges for shutoff and resumption of water service in accordance with the provisions of this chapter, and as set forth in Rate Schedule A[1] of this chapter.
[1]
Editor's Note: Rate Schedule A is included as an attachment to this chapter.
B. 
Sewer service may be discontinued for any of the following reasons:
(1) 
Misrepresentation in application as to property or fixtures to be supplied or the use to be made of the water supply.
(2) 
Use of water or sewer service for any premises other than those described in the application for service.
(3) 
Waste of water through improper or imperfect pipes, fixtures or otherwise.
(4) 
Failure to file or amend an application in accordance with the provisions of this chapter.
(5) 
Failure to correct or remedy the waste of water through improper or leaking service lines between the curb stop and the dwelling or improper or leaking interior pipes, fixtures or other appurtenances.
(6) 
Failure to maintain in good order connections, service lines or fixtures beyond the curb and owned by the applicant.
(7) 
Molesting any service pipe, meter, curb stop, cleanout or seal or any appurtenance of the water system or sewer system of the Borough of East Stroudsburg.
(8) 
Abandonment of the premises.
(9) 
Violation of any rules and regulations of this chapter of the Borough of East Stroudsburg.
(10) 
Failure to make payments of any water or sewer charges against the premises or property.
(11) 
Refusal of access to premises for the purposes set forth in this chapter, including, but not limited to, inspecting, reading, caring for or removing meters.
(12) 
Failure to install and utilize "low flow" plumbing fixtures and fittings that comply with water conservation performance standards contained in Delaware River Basin Commission (DRBC) Resolution No. 88-2 (Revision 2) as incorporated into the Borough's DRBC Docket for sewage discharge.
(13) 
Failure to submit an application based upon a material change increase in flow, material change decrease in flow, change of use or change of ownership.
C. 
Where any dwelling unit is occupied by any residential tenant, the Borough shall follow the procedure set forth in the Utility Service Tenants Rights Act, 68 P.S. § 399.1 et seq., prior to the discontinuation of sewer service to such dwelling unit.
D. 
Sewer services shall be terminated by the Borough terminating water service to the premises. Sewer services shall be initiated or restored by the Borough turning water service on to the premises. All fees from Chapter 154 shall apply.
E. 
Where a premises does not have Borough water service, the sewer service may be discontinued by either the physical plugging or disconnection of the service line at the property line or street right-of-way. Prior to reconnecting the service, all bills shall be paid in full, including the cost of the disconnection/plugging and the cost of reconnecting the service line to the Borough's collection system.
F. 
The Borough shall have the right to turn off water service to a premises or to part of the Borough water distribution system or sewer collection system without notice in the event of a water line break or sewer line break, or for the purpose of making necessary repairs or connections to the water system or sewer system, or for force majeure. Reasonable notice will be given when practicable. In no case shall the Borough be liable to any water customer for any damages or inconvenience suffered by any sewer customer therefrom.
A. 
No person shall discharge or deposit any of the following waste materials into the Borough sanitary sewer systems:
(1) 
Any liquid or vapor having a temperature higher than 150° F.
(2) 
Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease, exclusive of soap.
(3) 
Any flammable or explosive liquid, solid or gas, including but not limited to gasoline, benzene, naphtha and fuel oil.
(4) 
Any garbage that has not been properly shredded.
(5) 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.
(6) 
Any waters or wastes having a stabilized pH lower than 6.5 or higher than nine or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewer works.
(7) 
Any waters or wastes having a biochemical oxygen demand in excess of 1,000 parts per million [milligrams per liter (mg/l)].
(8) 
Any waters or wastes containing more than 1,000 parts per million by weight of suspended solids.
(9) 
Any concentration of chloride higher than 250 parts per million.
(10) 
Any waters or wastes having an objectionable color which is not removable in the existing sewage treatment plant processes.
(11) 
Any waters or wastes containing a toxic or poisonous substance, including but not limited to materials identified as toxic by the United States Environmental Protection Agency, in sufficient quantity to injure or interfere with any sewage treatment process or to constitute a hazard to humans or animals or to create any hazard in the receiving stream at the sewage treatment plant.
(12) 
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.
(13) 
Any noxious or malodorous gas or substance capable of creating a public nuisance.
(14) 
Any hazardous substances, as defined in this chapter.
(15) 
Stormwater and drainage.
B. 
Regulations governing the admission of industrial and commercial waste into the sewage system of the Borough of East Stroudsburg shall be bound by the regulations set forth in Ordinance No. 966, approved by the Borough Council on March 17, 1992, and referred to as the "Pretreatment Ordinance." Due to the complexity and length of said ordinance, the full text of the ordinance referred to herein is incorporated by reference and made part of the Code of the Borough of East Stroudsburg, with said ordinance being available to the general public and industrial or commercial users upon request. Copies are also available with the Borough Secretary of East Stroudsburg for use and inspection by the general public and industrial or commercial users.
A. 
The Borough shall provide for the collection of sewage in such a manner as it may determine to be in the public welfare. The Borough may restrict the sewer service as circumstances may require, in accordance with applicable laws, regulations and permit conditions.
B. 
The Borough of East Stroudsburg shall not be liable for any claim or damage arising from a shortage or loss of sewer service resulting from the failure of machinery or facilities or any cause beyond its control.
No connections shall be made between pipes or containers carrying water supplied by the Borough and pipes or containers carrying sewage, wastewater or water from any other source unless the proposed cross-connection has been approved by the Borough. In addition, no connections shall be made between any metered premises and/or dwelling units and any other premises and/or dwelling units, whether metered or unmetered, without the express written approval of the Borough.
The Borough Council reserves the right to change or amend, from time to time, the rules and regulations for the use of sewer service in accordance with law.
A. 
Any person who shall violate a provision of this chapter or who shall fail to comply with any of the requirements thereof or who shall exceed the authorization of any permit issued under the provisions of this chapter shall be guilty of a summary offense and, upon conviction thereof before a District Judge whose jurisdiction lies in the Borough of East Stroudsburg at the time an action is brought, shall be liable to pay a fine or penalty of not more than $600 for each offense and, in default of payment due, shall undergo imprisonment for a term not exceeding 30 days. Each day that a violation continues shall be determined a separate violation. In addition, the Borough reserves all rights at law or in equity to enforce the provisions of this chapter. Any person found liable for violation of provisions of this chapter shall be responsible to reimburse the Borough for all legal expenses incurred in the enforcement.
B. 
Penalties. No person shall be permitted to unnecessarily waste water. If any person shall allow the water to flow unnecessarily from any part of a private pipe or the fixture thereof, such person shall, upon conviction thereof, be fined a sum not exceeding $600 for each and every offense, together with costs of prosecution, or be imprisoned for not more than 30 days, or both.
The passage of this chapter and the repeal by it of any prior enabling ordinances relating to sewer service in the Borough of East Stroudsburg or its environs shall not invalidate any actions taken under such prior ordinances. This chapter, in such respect, shall be deemed a continuation and codification of such prior enabling ordinances.
If any sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any remaining provisions, sentences, clauses, sections, or parts of this chapter. It is hereby declared the intent of the Borough Council that such remainder shall be and shall remain in full force and effect.
All ordinances and resolutions, and parts thereof, inconsistent herewith are hereby repealed or rescinded, but only insofar as the same are in direct conflict or directly inconsistent with this chapter.
This chapter shall take effect five days after enactment.
A. 
Any person formally disputing a sewer bill or otherwise aggrieved by a decision, notice, or order of the Borough, under this chapter, shall have the right to appeal to the Borough of East Stroudsburg Utility Dispute Resolution Committee ("UDRC"). The right of appeal includes:
(1) 
A disputed sewer bill;
(2) 
An assessment or reassessment of EBUs on a premises;
(3) 
An assessment or reassessment of EDUs on a premises;
(4) 
An assessment of penalties under this chapter.
B. 
Any person who receives a ten-day notice of the intent of the Borough to terminate sewer service shall have the right to appeal to the Borough of East Stroudsburg Utility Dispute Resolution Committee ("UDRC").
C. 
A notice of violation of the Code, other than in this chapter, shall be appealed to the appropriate board designated to handle appeals for the specificity of Code violations.
D. 
An application for appeal may be submitted in such circumstances as when the claimant asserts that the provisions of this chapter have been improperly applied, administered, or factual errors were made in the determination of the Borough.
E. 
A written application for appeal is required to be filed within 30 days after the day the decision, report, notice, or order was served or the day the sewer bill was issued, with the exception of a notice of termination or discontinuance of sewer service, for which an application for appeal is required to be filed within 10 days after the date of issuance or posting of the original shut-off notice.
F. 
A fee as provided for by resolution of Borough Council shall be paid in advance by the person requesting the hearing for each appeal to the UDRC. If the appeal is found in favor of the applicant, then such fee shall be returned.
G. 
Failure to file a timely appeal shall deem the action valid including any determination which appears in a decision, report, notice, or order of the Borough for the purposes of future actions under this chapter.
H. 
The UDRC is hereby established and shall consist of three members who are appointed by majority vote of Borough Council. No more than two members shall be members of Borough Council. One member shall be the Borough Manager of the Borough of East Stroudsburg. The members shall be appointed by Borough Council and shall serve staggered three-year terms. The Borough Engineer and/or Solicitor may attend meetings of the UDRC as requested by the voting members.
(1) 
A minimum of two votes shall be needed in any action by the UDRC. A one-to-one vote shall be considered to have been an affirmation of the determination of the Borough.
(2) 
Two alternate members of the UDRC may also be appointed by majority vote of Borough Council, and requested by the Chairperson of the UDRC to serve when regular members are unable to serve.
I. 
Decisions of the UDRC may be appealed to the Court of Common Pleas, provided an appeal is filed in writing to the Court under the Local Agency Law[1] within 30 days after a party's receipt of the decision of the UDRC.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
J. 
The UDRC shall have the authority to elect its own officers and to establish and revise bylaws for its own procedures, actions and meetings.
K. 
Decisions of the UDRC shall be made at a public hearing to be held in accordance with the Local Agency Law.
L. 
Decisions of the UDRC shall be provided in writing by the Borough Manager and to the last known address of the appellant (unless otherwise directed in writing) within 10 days after the conclusion of a hearing on a matter.
M. 
No compensation shall be provided for the members of the UDRC.
N. 
A stenographic record is not required for meetings of the UDRC. However, a person filing an appeal to the UDRC may request the use of a stenographer at a hearing if such request is made in writing at the time of the filing of the appeal and if the appellant commits to pay 50% of all resulting costs and if such appellant pays a deposit in an amount estimated by the Borough Manager to cover such costs. Minutes shall be maintained, and in lieu of a stenographer a digital recording of hearings will occur.
O. 
Legal counsel. Borough Council may appoint legal counsel to serve the UDRC and may establish a legal budget for such services. All costs incurred by the Borough shall be paid out of the water or sewer budgets as appropriate. An appellant may, but is not required to, have legal counsel during the appeal procedure.
P. 
Engineer. Borough Council may appoint the Borough Engineer to serve the UDRC and may establish an engineering budget for such services. All costs incurred by the Borough shall be paid out of the water or sewer budgets as appropriate.
Q. 
Other boards. The East Stroudsburg Zoning Hearing Board shall continue to decide upon appeals concerning the Zoning Ordinance.[2] The East Stroudsburg Building Code Board of Appeals or the Borough's designee shall continue to decide upon appeals as provided under the Uniform Construction Codes.[3]
[2]
Editor's Note: See Ch. 157, Zoning.
[3]
Editor's Note: See Ch. 73, Codes and Code Enforcement.