[HISTORY: Adopted by the Borough Council of the Borough of Honesdale as indicated in article histories. Amendments noted where applicable.]
§ 166-18 Compliance required; notice; Borough right to adopt rules; connection by Borough; collection of costs.
[3-30-2000 by Ord. No. 579]
Editor's Note: This ordinance also repealed former Ch. 166, Sewers, adopted 9-9-1995 by Ord. No. 546, as amended.
Unless the context clearly and specifically indicates otherwise, the meanings of the following terms as used in this chapter shall be as follows:
- BIOLOGICAL OXYGEN DEMAND or BOD
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° C., expressed in parts per million by weight. The standard laboratory procedure shall be that found in the latest edition of Standard Methods for the Examination of Water and Sewage as published by the American Public Health Association.
- The Borough of Honesdale, Wayne County, Pennsylvania, a Pennsylvania municipal corporation acting by and through its Council.
- CALENDAR QUARTER
- The period beginning January 1 and ending the following December 31, divided into four periods of three months each, i.e., January, February and March; April, May and June; July, August and September; and October, November and December.
- COMMERCIAL ESTABLISHMENT
- Any improved property used wholly or in part for the sale or distribution of any product, commodity, article or service, and specifically shall include churches, chapels and social clubs.
- The group of elected officials acting as the governing body of the Borough.
- FOOD PREPARATION FACILITY
- Any commercial or nonresidential establishment with cooking or food preparation facilities.
- IMPROVED PROPERTY
- Any property upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which sanitary sewage and/or industrial wastes shall be or may be discharged.
- INDUSTRIAL ESTABLISHMENT
- Any improved property used wholly or in part for the manufacturing, processing, cleaning, laundering or assembly of any product, commodity or article.
- INDUSTRIAL WASTES
- Any solid, liquid or gaseous substance or form of energy rejected or escaping in the course of any industrial, manufacturing, trade or business process or in the course of development, recovery or processing of natural resources, or any waste which does not meet the definition of "normal sewage."
- NORMAL SEWAGE
- Sewage will be regarded as normal if and when analyses show, by weight, a daily average suspended solids of not more than 300 parts per million, not more than 240 parts per million BOD and not more than 100 parts per million of ether-soluble matter (grease or oil).
- Any individual, partnership, company, association, society, corporation, municipality, Borough or other group or legal entity.
- The logarithm of the reciprocal of the hydrogen ion concentration which indicates the degree of acidity or alkalinity of a substance, expressed in moles per liter.
- Parts per million.
- PUBLIC SEWER
- Any sewer which is owned or controlled by the Borough of Honesdale.
- RESIDENTIAL DWELLING UNIT
- Any room, group of rooms, building or other enclosure occupied or intended for occupancy as a separate living quarters by one family or other group of individuals living together or by persons living alone.
- SANITARY SEWAGE
- Sewage discharging from the sanitary conveniences of residential dwellings, office buildings, commercial or industrial establishments, factories or institutions and free from stormwater, surface water and industrial wastes.
- A pipe or conduit for carrying sewage and other liquid wastes.
- SEWER PLANT SUPERVISOR
- The individual, appointed by the Borough Council, to operate, maintain and run the sewer system of the Borough.
- SEWER SYSTEM
- All facilities for collecting, pumping, treating and disposing of sewage, whether in or out of the limits of the Borough of Honesdale.
- SUSPENDED SOLIDS or SS
- Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtration.
- TOXIC SUBSTANCE
- Any poisonous substance.
- WATER COMPANY
- The Honesdale Consolidated Water Company or other public utility which is duly authorized to serve water to the public.
Editor's Note: Former § 166-2, General authority, § 166-3, Establishment of sewer rentals or charges, § 166-4, Computation of sewer rentals or charges, as amended, § 166-5, Time and method of payment, § 166-6, Collection of delinquent sewer charges, § 166-7, Measuring volume of sanitary sewage and industrial wastes, § 166-8, Prohibited wastes, § 166-9, Admission of industrial and commercial wastes into sewer system; penalty, § 166-10, Permits; construction procedures; connections, § 166-11, Extensions, § 166-12, Construction standards, § 166-13, Violations and penalties, § 166-14, Severability, and § 166-15, Effective date, were repealed 6-8-2015 by Ord. No. 665.
[Adopted 7-14-2008 by Ord. No. 633]
Editor's Note: Ordinance No. 665, adopted 6-8-2015, repealed provisions of §§ 166-16 through 166-20 reflecting any continued ownership, operation, maintenance, control, connections, charges, services, billing, accounting, collections, enforcement, and any and all other aspects of the subject sewer system. This ordinance also provided that any and all provisions of §§ 166-16 through 166-20 pertaining to, dealing with, relating to, and/or providing control, application, permitting, regulation, enforcement, and penalties for on-site sewage systems within the Borough are retained, maintained, and preserved by the Borough.
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this article shall be as follows:
- Central Wayne Regional Authority, a Pennsylvania Municipal Authority.
- Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
- Any individual, partnership, company, association, society, trust, corporation or other group or entity.
- Any pipe, main or conduit constituting a part of the sewer system used or usable for sewage collection purposes.
- SEWER SYSTEM
- All facilities, as of any particular time, for collection, transporting, pumping, and/or disposing of sanitary sewage and/or industrial wastes, situate in this Borough and owned, maintained and operated by the Authority.
The owner of any improved property which is located in this Borough and is accessible to and whose principal building is within 150 feet of the sewer system shall connect such improved property therewith, in such manner as this Borough and the Authority may require, within 60 days after notice to such owner from this Borough to make such connection, for the purpose of discharge of all sanitary sewage and industrial wastes from such improved property, subject to such limitations and restrictions as shall be established by this Borough and the Authority, from time to time. Nothing contained herein shall prevent the Borough and Authority from waiving this provision, provided that the principal building is serviced with a lawfully permitted and adequate sewage system pursuant to local and state regulations. In the event said existing sewer system should malfunction, said building must connect to the sewer system.
All sanitary sewage and industrial wastes from any improved property with a sewer, as required under Subsection A, shall be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or as otherwise shall be established by this Borough and the Authority from time to time.
No person shall place or deposit or permit to be placed or deposited upon public or private property within this Borough any sanitary sewage or industrial wastes in violation of Subsection A. No person shall discharge or permit to be discharged to any natural outlet within this Borough any sanitary sewage or industrial wastes in violation of Subsection A, except where suitable treatment has been provided which is satisfactory to this Borough and the Authority.
Privy vaults, cesspools, sinkholes, septic tanks, etc.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or maintained at any time upon any improved property which has been connected to a sewer or which shall be required under Subsection A, to be connected to a sewer.
Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of this Borough, shall be cleansed and filled at the expense of the owner of such improved property and under the direction and supervision of this Borough, and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by the Borough, cleansed and filled shall constitute a nuisance, and such nuisance may be abated as provided by law, at the expense of the owner of such improved property.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer.
The notice by this Borough to make a connection to a sewer, referred to in Subsection A, shall consist of a copy of this article, including any amendments at the time in effect, and a written or printed document requiring such connection in accordance with the provisions of this article and specifying that such connection shall be made within 60 days from the date such notice is given. Such notice may be given at any time after a sewer is in place, which can receive and convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner either by personal service or by registered mail or by such other method as at the time may be provided by law.
§ 166-18 Compliance required; notice; Borough right to adopt rules; connection by Borough; collection of costs.
No connection shall be made to the sewer system except in compliance with the ordinances and rules and regulations of this Borough, or such rules and regulations as may be adopted by the Authority.
If any person shall fail or refuse, upon receipt of a notice from this Borough or the Authority, in writing, to remedy any unsatisfactory condition with respect to a sewer, within 60 days of the receipt of such notice, this Borough or the Authority may refuse to permit such person to discharge sanitary sewage and industrial wastes into the sewer system until such unsatisfactory conditions shall have been remedied to the satisfaction of this Borough or the Authority.
This Borough reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with a sewer and the sewer system, which additional rules and regulations, to the extent appropriate, in accordance with § 166-17A, shall be and shall be construed as a part of this article.
If the owner of any improved property located in this Borough and accessible to and whose principal building is within 150 feet of the sewer system, after 60 days' notice from this Borough, in accordance with § 166-17A, shall fail to connect such improved property, as required, this Borough may make such connection and may collect from such owner the costs and expenses thereof. In such case, this Borough shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the owner of the improved property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such improved property to pay said bill, this Borough shall file a municipal lien for said construction within six months of the date of the completion of the construction of said connection, the same to be subject in all respects to the general law provided for the filing and recovery of municipal liens.
Any person who shall violate this article shall be liable, upon summary conviction for a first offense and upon summary conviction for each subsequent offense, to a fine of not less than $50 nor more than $300, together with costs of prosecution in each case. Each day that a violation shall continue shall be deemed and shall be taken to be a separate offense and shall be punished as such.
Fines and costs imposed under provisions of this article shall be enforceable and recoverable in the manner at the time provided by applicable law.
It is declared that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Borough.