Borough of East Stroudsburg, PA Chapter 126 Sewers

[HISTORY: Adopted by the Borough Council of the Borough of East Stroudsburg 5-18-1982 by Ord. No. 790, approved 5-18-1982. Amendments noted where applicable.]

GENERAL REFERENCES

Codes and Code enforcement — See Ch. 73.

Water — See Ch. 154.

§ 126-1 Rates and charges.

[Amended 11-19-1985 by Ord. No. 837, approved 11-19-1985]

A. Rentals or rates for all users connected to the sanitary sewer system of the Borough of East Stroudsburg.

(1) All persons, firms or corporations owning property connected to, or to be connected to, the sanitary sewer system shall pay a quarterly rental fee based on the quantity of water used, as evidenced by meter readings of water meters installed and maintained by the Borough for the purpose of measuring water purchased from the Borough and/or such other measuring devices as may be installed pursuant to the Borough's ordinances, rules or regulations and subject to the minimum charges hereinafter provided, which are as follows:

[Amended 5-17-1988 by Ord. No. 886, approved 5-17-1988; 2-21-2006 by Ord. No. 1175, approved 2-21-2006]

	Quantity (kiloliters)	Quarterly Rate
	0 to 40	$50.00 (minimum)
	Over 40	$0.65 per kiloliter

(2) The quantity recorded by the water meter or other measuring device shall be conclusive on both the user and the Borough, except when the meter or measuring device has been found to be registering inaccurately or has ceased to register. In such case, the quantity may be determined by the average registration of the meter when in order.

B. Each connection to the sanitary sewer system shall be installed subject to a quarterly minimum of $50.

[Amended 5-17-1988 by Ord. No. 886, approved 5-17-1988]

C. No vacancy credit shall be permitted except when water is shut off at the curb stop or a physical disconnection of the sewer lateral is made at the curbline.

D. The consumer shall pay the minimum charge only when the amount resulting by applying the meter rates to the amount of sewage dumped into the sanitary system is less than said minimum charge. When the amount resulting from application of the meter rates is greater than said minimum charge, then such amount shall constitute the bill for the service rendered.

E. When sanitary sewer service is provided through one sanitary sewer lateral to an apartment house, group of house trailers or to any building having more than one unit, each trailer, store, apartment, office, shop, manufacturing establishment or other similar use being hereby designated as a unit, each such unit shall be subject to the same charge as would be applied if separate connections had been made to each unit. In those instances in which separate connections do not exist, the minimum rate applicable shall be determined by multiplying the quarterly minimum by the total number of units contained in the building or located on the lot it services. All excess kiloliters shall be at the rate set in Subsection A above.

F. The Borough, through its Water or Sewer Department, will determine the location for all meters and measuring devices.

§ 126-2 Billing.

A. Quarterly; per diem.

[Amended 8-3-1993 by Ord. No. 999, approved 8-3-1993]

(1) Quarterly. All bills for sanitary sewer service will be rendered quarterly. The sewer rental shall be determined by meter registration or by estimated bills. All sewer rentals shall be determined by meter registration unless the meter has been found to be registering inaccurately or has failed to register, in which case a bill will be rendered based on previous average consumption for a similar period when the meter was in order, giving proper consideration to any change in facilities or practices that may have occurred, or by such other fair and reasonable method as shall be based on the best information available.

(2) Per diem. Where new connections occur between quarterly billing periods or where existing customers give proper notice to the Borough Offices of shutting water off or turning water on (at the curb stop), the Borough shall calculate the bill on a "per diem" (daily) basis. The calculation shall be based on the minimum quarterly sewer charge divided by the number of days in that billing period. This shall be the "per diem" rate.

B. In cases of excessive 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.

C. Bills are due and payable upon presentation. The net bill will be allowed for a period of 15 days, after which the gross bill shall become due. The gross bill is the net bill plus a ten-percent penalty.

D. Water service may be discontinued to any consumer who allows a bill for sewer service to remain unpaid for longer than 3 1/2 months following the gross due date. In the event that water service is discontinued due to nonpayment of bills, all delinquent and current bills, plus any additional service charge as may be determined by Borough Council, must be paid before sewer service will be resumed.

(1) Where a consumer does not have Borough water service, the sewer service may be discontinued by either the physical plugging or disconnection of the service lateral. 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 lateral to the Borough's collection system.

[Added 4-21-1992 by Ord. No. 970, approved 4-21-1992]

E. At the option of the Borough, unpaid bills for sewer service may be collected in such manner as other municipal claims are collectible.

F. Failure to receive a bill shall not exempt any consumer from his obligation to pay. The presentation of a bill to the customer is only a matter of accommodation and not a waiver of this rule.

G. Users may discharge sewage allowed by their minimum quarterly rate at any time during the quarterly billing period, but failure to discharge their full allowance in any one billing period shall not entitle them to any rebate or allowance to discharge an excess in any other quarterly billing period.

H. When the premises are vacated, the consumer 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.

I. Any consumer, upon receipt of a bill, having reason to doubt its accuracy, shall bring or mail said bill, within 10 days, to the Borough Municipal Building, and such bill shall be promptly investigated by proper personnel.

§ 126-3 Turning off water.

A. The Borough Council or its duly authorized representative reserves the right at all times, after due notice, to shut off the water for nonpayment of sewer bills or for neglect or refusal to comply with these rules and regulations and to assess such charges as may be determined by the Borough Council for the resumption of service.

(1) Where a consumer does not have Borough water service, the water service may be discontinued by either the physical plugging or disconnection of the service lateral. 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 lateral to the Borough's collection system.

[Added 4-21-1992 by Ord. No. 970, approved 4-21-1992]

B. Service under an application may be discontinued for any of the following reasons:

(1) Misrepresentation in the application as to property or fixtures to be supplied or the use to be made of the water supply.

(2) Use of water for any property or purposes other than described in the application.

(3) Waste of water through improper or imperfect pipes, fixtures or otherwise.

(4) Failure to maintain in good order, connections, service lines or fixtures beyond the curb and owned by the applicant.

(5) Molesting any service pipe, meter, curb stop or seal or any appurtenance of the sewer system of the Borough of East Stroudsburg.

(6) Vacancy of the premises.

(7) Violation of any rules of the Borough of East Stroudsburg.

(8) Failure to make payments of any charges against the property.

(9) Refusal of access to property for purposes of inspecting, reading, caring for or removing meters.

C. Where any residential building is occupied by any tenant, the Borough shall follow the procedure set forth in the Utility Service Tenants Rights Act, 68 P.A. Section 399.1, prior to the discontinuation of water service to such residence. Notice shall be given to the landlord and tenant(s) in accordance with said Act. The tenant(s) shall have the right to cure such action upon receiving notice of discontinuance of water service in accordance with the Act; specifically, the tenant may pay an amount to the Borough equal to the sewer bill for the thirty-day period preceding notice to the tenant(s). In such case, the Borough may continue billing for sewer service and giving notice every 30 days thereafter if delinquency in payment of sewer bills continues.

[Added 9-7-2010 by Ord. No. 1234, approved 9-7-2010[1]]

[1] Editor’s Note: With this ordinance, former Subsection C was also redesignated as Subsection D.

D. The Borough Council, or its duly authorized representative, shall have the right to turn off water service to a property or to part of the Borough water distribution system without notice in case of a waterline break, or for the purpose of making necessary repairs or connections to the water system, or for other unavoidable causes. 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 water customer therefrom.

[Amended 9-7-2010 by Ord. No. 1234, approved 9-7-2010]

§ 126-4 Accuracy tests for meters.

A. At the written request of an owner or a consumer, the Borough will make a test of the accuracy of the meter or measuring device, and if desired, it shall be made in his presence or that of his authorized representatives.

B. A deposit of $25 will be required before the meter is tested, which sum will be returned if the meter is found not to be registering in accordance with the American Water Works Association Standard C700-77 or C701-78; otherwise, the deposit will be retained by the Borough to cover the cost of the test.

C. The Borough reserves the right to test at any reasonable time any meter if deemed necessary.

§ 126-5 Leaks, defective plumbing or waste.

A. The Borough shall not be liable for any damage resulting from leaks, broken pipes or from any other cause occurring to 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 main or service pipe or of any attachment thereto.

B. All water passing through a meter shall be charged for at the regular rate, and no allowance will be made for excessive consumption due to leaks or waste.

§ 126-6 Service lines.

[Amended 1-6-1986 by Ord. No. 839, approved 1-6-1986; 11-15-1988 by Ord. No. 903, approved 11-15-1988; 7-2-1991 by Ord. No. 955, approved 7-2-1991]

A. Connection fees.

(1) Upon issuance of a building permit, a connection fee of $200 shall be due and payable to the Borough of East Stroudsburg for each connection to the Borough's sanitary sewage collection system. Upon completion of the connection, a written bill will be presented to the property owner (less the two-hundred-dollar downpayment) for the actual costs of the connection, which will include labor and material costs, equipment costs, inspection costs and road permit and repair costs, if applicable.

(2) This fee may he changed from time to time through a resolution of Council.

(3) The cost of the connection fee must be paid in full prior to the Borough allowing the use of the sewer connection. This will be accomplished by turning the water on to the property once the fee is paid in full.

B. Equivalent dwelling unit; tapping fees.

[Amended 6-30-2005]

(1) 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 2000 year census data, in accordance with the provisions of Act 57. The EDUs for commercial and industrial customers shall be calculated by the customer’s daily wastewater flow usage divided by 217.8 gpd.

(2) Components; total costs per EDU.

(a) The sewerage tapping fee is composed of the following three components as calculated in the Sewerage System Capital Charges Study:[1]

[1] Capacity Part (treatment facilities); $2,425 per EDU.

[2] Collection Part (collection facilities): $1,104 per EDU.

[3] Special Purpose Part: $0 per EDU.

[4] Reimbursement Part: $0 per EDU.

[1] Editor's Note: Said Study, prepared by Glace Associates, Inc., and dated April 2005, is on file in the Borough offices.

(b) The total sewerage tapping fee shall be $3,529 per EDU.

(3) These fees can change from time to time based on new engineering calculations and approved through a resolution of Council.

(4) This fee is due and payable upon issuance of a building permit. No connection to the sewer system shall be allowed until this fee is paid in full, per the procedure found in § 126-6A(3).

(5) If it is determined by the Borough that the minimum tapping fee would not apply to a particular use (commercial, industrial or multifamily) requesting connection to the system, a discharge shall be estimated by the Borough Engineer using standard engineering data and procedures. Within one year following the date of connection, the Borough shall make an analysis of actual quarterly discharges, and the Borough shall thereafter adjust the connection fee previously collected either upward or downward based on the quarterly discharge.

(6) 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 tapping fee (EDU) usage. 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 (EDU's) and assessed to the owner. In no case shall credits be given for any excess EDU's which may result due to the reconstruction or redevelopment of a site and in no case shall EDU's be transferable from the original property to another property. Any additional fees shall be charged in full per § 126-6B(1) through (5).

[Added 3-7-1995 by Ord. No. 1031, approved 3-7-1995]

C. The customer shall be responsible for the maintenance and repair of the service line from the main to and including the customer's premises.

D. Service lines will not be installed when the service line passes over or through premises which at the time may be the property of persons other than the owner of the premises to be supplied, unless the owner of the premises supplied assumes all liability and furnishes a right-of-way agreement in a form satisfactory to the Council or its duly authorized representative.

E. All breaks or blockages in the sewer lateral must be repaired promptly by the property owner. The service lateral installed by the consumer 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 lateral 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 BOCA Plumbing Code in force at the time of installation of the service line.[2]

[2] Editor's Note: See Ch. 73, Codes and Code Enforcement.

F. No service line shall be laid in the same trench with a water or gas service connection.

G. The service line from the main to the premises shall be kept in good condition by the consumer under penalty of discontinuance of water service by the Borough.

H. 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 water service until the objectionable or improper work is corrected.

I. All abandoned sanitary sewer laterals 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 lateral remaining attached to the sanitary sewer main in front of his property or wherever the same may be.

J. The Borough, through its Sewer Department, will determine the location for all meters and measuring devices.

§ 126-7 Uses of sanitary sewers.

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 150º 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) 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.[1]

[Amended 3-17-1992 by Ord. No. 966, approved 3-17-1992]

[1] Editor's Note: A copy of the full text of said Ord. No. 966, as amended, may be examined at the office of the Secretary, Municipal Building, Analomink Street, Borough of East Stroudsburg, Pennsylvania, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

§ 126-8 Saving clause.

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.

§ 126-9 Violations and penalties.

[Added 10-3-1989 by Ord. No. 921, approved 10-3-1989; amended 11-3-1992 by Ord. No. 924, approved 11-3-1992]

A. Any person who shall fail to comply with any of the provisions of this chapter, excluding those requirements of § 126-7B (industrial pretreatment regulations), shall be guilty of a summary offense and, upon conviction thereof, shall be punishable by a fine of not more than $600 or by imprisonment for not more than 30 days, or both.

B. Those users of the system who are regulated by the provisions of § 126-7B (industrial pretreatment regulations) shall be punishable as per Section 7.5 of those regulations.