§ 20-103 Individual and Community Sewage Disposal Systems; Required Sewer Connections; Prohibited Acts.
[Ord. 2006-6, 9/19/2006]
The terms defined in this Section wherever used or referred to shall have the following respective meanings unless the context clearly and specifically indicates otherwise:
- ACCEPTABLE INDUSTRIAL WASTE
- Nondomestic waterborne waste not containing toxic, radioactive, explosive, or fibrous materials injurious to sewers or sewage treatment processes, or any other material which could potentially cause interference or pass through at the wastewater treatment plant.
- AVERAGE DAILY FLOW
- The average flow calculated by dividing total sewage wastes flow under consideration for any period of time by the number of days in that period.
- The Borough of Mifflinburg. The incorporated governing body responsible for the interpretation and administration of this Chapter. Reference to the "Borough" also includes the individual designated agents employed for by the Mifflinburg Borough or consultants working for the Borough of Mifflinburg.
- BIOCHEMICAL OXYGEN DEMAND (BOD)
- The quantity of oxygen, expressed in milligrams per liter, utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20° C. The standard laboratory procedure shall be that defined in the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association.
- A structure built, erected or framed of component structural parts designed for the housing, shelter, enclosures, or support of persons, animals, or property of any kind. This definition shall include structures built on-site or at any remote location or factory.
- BUILDING DRAIN
- That part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste or other drainage pipes inside the walls of any building and conveys such discharge to the building sewer system.
- CAPACITY FEE
- The cost for that portion of the overall tapping fee that is attributed to the cost of the construction of all treatment facilities, including plant, pumps, disposal equipment and facilities, development of sources, and water transmission mains. This fee shall be determined and assessed individually for water and sewer.
- CELLAR DRAIN
- A protected and trapped drain for the purpose of carrying off spent water from the basement of a dwelling, factory, laboratory, workshop or other building, but excluding any drainage from rainwater, springs, wells, or other ground- or surface water.
- COMMERCIAL ESTABLISHMENT
- A separate building, group of buildings, or group of rooms on a parcel of land held in separate ownership, wherein business activity, trade or commercial enterprise is carried on by any person (for example, restaurants, stores, hotels, resorts, etc.). It shall include an office, room or suite of rooms in a building accommodating a number of separate offices or businesses. The determination by the Borough as to what constitutes a separate "commercial establishment" shall be final.
- COMMERCIAL USER
- Includes any person who owns, operates, or has a proprietary interest in a commercial establishment as that term is defined herein. A "commercial user" includes any nonresidential, nonindustrial or noninstitutional user who contributes primarily segregated domestic wastes or wastes from sanitary conveniences into the wastewater collection and treatment facilities.
- COMBINED SEWER
- A sewer intended to serve as a sanitary sewer and a storm sewer, or as an industrial sewer and a storm sewer.
- CONNECTION FEE
- The fee charged by the Borough based upon actual cost to the Borough for the connection, inspection, and administration associated with the connection of a consumer to the sewer system.
- CONSULTING ENGINEERS
- For Mifflinburg, the firm of Herbert, Rowland, and Grubic, Inc., Harrisburg, Pennsylvania, and in the event that said firm ceases to serve as consulting engineers for Mifflinburg, an engineering firm of professional engineers having favorable repute for skill and experience in the construction and operation of sewage and water treatment facilities, registered in Pennsylvania, and chosen and employed by Mifflinburg Borough.
- Includes a person, partnership, association or corporation, and shall mean anyone to whom sewer service is supplied by the Borough, whether as owner, tenant, operator, or occupier, which to a major degree is a separate institution and receives service for the dwelling unit.
- The Department of Environmental Protection of the Commonwealth of Pennsylvania, or its successor in authority.
- DEP PERMIT
- The permit(s) which is required by the Department of Environmental Protection of the Commonwealth of Pennsylvania for the construction of a new sanitary sewer line or the extension of an existing sanitary sewer system.
- Any landowner who makes or causes to be made a subdivision of land or a land development.
- DOMESTIC WASTE
- Normal household waste from kitchens, water closets, lavatories and laundries discharged into the sewer system from any building. Said waste shall have a biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the Mifflinburg Borough National Pollutant Discharge Elimination System (NPDES) permit which the wastewater treatment facilities are able to efficiently and effectively treat.
- DWELLING UNIT
- Any room, group of rooms, house trailer, mobile home, flat, apartment unit or other structure intended for use as a separate living quarters by a family or other group of persons or by persons living alone. In all cases, the determination of Mifflinburg as to what constitutes a "dwelling unit" shall be final.
- The Mifflinburg Borough Engineer.
- EQUIVALENT DWELLING UNIT (EDU)
- A unit of service provided to nonresidential users equivalent to that provided to a single dwelling unit for purposes of calculating tapping fees as defined and enumerated in the current adopted resolution of Mifflinburg Borough.
- EXTRA STRENGTH SEWAGE
- All sewage wastes characterized by BOD greater than 250 mg/l or suspended solids greater than 150 mg/l.
- GREASE TRAP
- A facility installed on a sewer service line to prevent grease in any form from entering the public sewer system.
- HOLDING TANK
- Any vessel, tank, or structure designed and or otherwise constructed for the purpose of collecting and containing sanitary sewage, domestic, or industrial waste.
- ILLEGAL CONNECTION
- Any sewer service line or other facility connected to the Mifflinburg public sewer system which is not in full conformance or compliance with the rules and regulations of this Chapter and/or or the laws of the Commonwealth of Pennsylvania.
- IMPROVED PROPERTY
- Any property upon which there is erected a building intended for continuous or periodic habitation, occupancy or use by human beings and to which building water shall be or may be provided and/or from which structure sanitary sewage and/or industrial wastes shall be or may be discharged.
- INDIVIDUAL SEWAGE SYSTEM
- A single system of piping, tanks or other facilities serving only a single property or multiple users on a single property that is designed to dispose of sewage in whole or in part into the soil or into any water of the Commonwealth of Pennsylvania.
- INDUSTRIAL ESTABLISHMENT
- A separate building, group of buildings, or room or group of rooms on a parcel of land held in separate ownership, wherein manufacturing or industrial activity is carried on by any person. Standard Industrial Classification (SIC) Codes may be consulted by Mifflinburg to determine whether an establishment meets the definition of industrial establishment. An industrial establishment also includes any user of the wastewater system which discharges wastewater which contains toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity either singly or by interaction with other wastes, which may potentially injure or interfere with the sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in or have an adverse effect on the receiving waters of the Commonwealth of Pennsylvania. The determination of Mifflinburg as to what constitutes a separate "industrial establishment" shall be final.
- INDUSTRIAL USER
- Includes any person(s) who owns, operates, or has a proprietary interest in an industrial establishment as that term is defined herein. "Industrial user" involves both industrial dry and industrial wet categories.
- 1. An industrial dry user involves an industrial establishment which does not contribute wastewater and/or industrial waste from a manufacturing or industrial process into the wastewater system and does not introduce more than 25,000 gallons per day of primarily segregated domestic wastes or wastes from sanitary conveniences into the wastewater collection and treatment facilities.
- 2. An industrial wet user involves an industrial establishment which either contributes wastewater and/or industrial waste from a manufacturing or industrial process into the wastewater system or introduces more than 25,000 gallons per day of primarily segregated domestic wastes or wastes from sanitary conveniences into the wastewater collection and treatment facilities.
- INDUSTRIAL WASTES
- Any solid, liquid, radioactive, 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 the development, recovery or processing of natural resources, as distinct from sanitary sewage or domestic waste.
- INFLOW AND INFILTRATION
- Identified extraneous non-sewage-related water flow entering into the sewer system whether private or public. Such flow shall constitute an illegal connection as provided for in this Chapter.
- INSPECTION FEE
- The fee charged by Mifflinburg to any party for sewer line construction or reconstruction inspection services or other services as provided. Such fee may be by a contractual basis or by time and materials as set by resolution of the Mifflinburg Borough Council.
- An authorized representative of Mifflinburg or a person or persons appointed by Mifflinburg whose function is to determine compliance with the provisions and terms of the ordinances of Mifflinburg or other construction methods as approved by contract or Mifflinburg.
- INSTITUTIONAL ESTABLISHMENT
- A separate building, group of buildings, or room or group of rooms on a parcel of land held in separate ownership, used by an organization generally having a public character or purpose (for example, local, state or federal government agency or body) but may also be privately operated. An institutional establishment involves any nonindustrial, noncommercial, nonresidential establishment which introduces primarily segregated domestic wastes or waste from sanitary conveniences into the wastewater collection and treatment facilities greater than 25,000 gallons per day (for establishments less than 25,000 gallons per day, see definition for "small commercial establishments"). Such establishments shall include healing and preventive care facilities, mental health facilities, hospitals, educational facilities, correctional and penal institutions, nursing homes and county and/or city homes. In all cases, the determination of Mifflinburg as to what constitutes an "institutional establishment" shall be final.
- INSTITUTIONAL USER
- Includes a person(s) who owns, operates, or has a proprietary interest in an institutional establishment as that term is defined herein.
- LAND DEVELOPMENT
- The improvement of one lot or two or more continuous lots, tracts or parcels of land for any purpose involving: (1) a group of two or more buildings; (2) the division or allocation of land or space between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features; or (3) any other project requiring the approval of Mifflinburg or pursuant to any other Act or ordinance of Mifflinburg.
- A part of a subdivision or a parcel of land used as a building site or intended to be used for building purposes, whether immediate or future, which would not be further subdivided.
- That part of the sewer system extending from the curbline, or if there shall be no curbline, from the right-of-way or property line or, if no such lateral shall be provided, then "lateral" shall mean that portion of or place in a sewer which is provided for connection of any service line. The lateral is the responsibility of the property owner.
- Any pipe or conduit constituting a part of the sewer system that is used or usable for sewage collection and transportation to the treatment facilities.
- MAXIMUM DAILY FLOW
- The maximum total sewage wastes flow under consideration for a twenty-four-hour period, usually a calendar day.
- Permissive, as distinct from "shall" which means mandatory subject to approval by Mifflinburg.
- The mechanical devices and/or other means for measuring and recording the volumetric quantity of flow through sewer lines.
- Milligrams per liter.
- A general term meaning the legal governing entity, authority, or designated agent of the Borough of Mifflinburg, Union County, Pennsylvania, as representative owner and legal authority and control of the sewer system as defined herein.
- The mechanical or other means to determine the chemical, physical and bacteriological constituents of wastewater in a sewer; synonymous with sampling, inspecting, testing, etc.
- MULTIPLE UNIT
- A building used for and containing several dwelling units, and/or commercial or industrial units, specifically including apartment houses and office buildings.
- NORMAL DOMESTIC WASTE
- The wastewater discharging from the sanitary conveniences of dwellings (including apartment buildings, hotels, office buildings, churches, schools, institutions and/or industrial plants) which meets the discharge limitations of these regulations.
- NPDES PERMIT
- Any permit or equivalent document or requirement issued by the State of Pennsylvania to regulate the discharge of pollutants pursuant to the National Pollutant Discharge Elimination System (NPDES) as established by the EPA.
- OPERATION AND MAINTENANCE
- The practical application of a method or process to keep in an existing or improved state to efficiently preserve from failure or decline, the existing or future treatment or transmission facilities; includes the term "replacement" which is defined as obtaining and installing equipment, accessories, or appurtenances that are necessary during the service life of the existing water or sewer treatment facilities to maintain the capacity and performance for which such facilities were designed and constructed.
- Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
- pH (HYDROGEN ION CONTENT)
- The logarithm of the reciprocal of the weight of hydrogen ions, expressed in grams per liter of solution, and indicates the degree of acidity or alkalinity of a substance.
- Parts per million by weight.
- Any individual, firm, partnership, company, association, society, trust, corporation or other group or entity.
- The treatment of wastewater from the source of such wastewater before introduction into the public sewer/public sewage system. Degree of treatment shall be such so as to render the wastewater free from incompatible pollutants or excessive strength of compatible pollutants.
- PUBLIC SEWER/WATER SYSTEM
- The sewer and/or water collection and distribution systems and the sewage and water treatment plants and storage systems owned, operated, and/or maintained by Mifflinburg and any improvements and extensions thereof.
- PRIVATE SEWER SYSTEM
- Any portion or component of the sewer system that is not owned, controlled, or maintained by Mifflinburg. Ownership shall be determined by deeds of dedication or property located within public legal rights-of-way or easements.
- RESERVED CAPACITY
- Treatment capacity in Mifflinburg's sewer treatment plant, in the maximum quantities as defined and paid for and/or guaranteed to a specific party, and reserved for such party's exclusive use per an agreement approved and executed by the parties involved. Any fee for said reserved capacity shall be acted upon and approved by the Mifflinburg Borough Council.
- SANITARY SEWAGE/WASTE
- All water-carried domestic waste discharged into the sewer system from any improved property. The strength of sanitary sewage/waste is established herein as 250 mg/l of BOD and 150 mg/l SS, and these concentrations shall be applied in determining equivalent volumes of process waste or combined discharges of sanitary and process wastes for the purposes of industrial cost recovery.
- SERVICE LINE
- That portion of the sewer system extending from the outside of the building or end of the inside plumbing system to the right-of-way, easement, or curbline of the public sewer system. This term shall be equivalent in meaning to a "lateral and shall include all connected facilities including but not limited to cleanouts, fittings, private grinder/pumping stations, force laterals, etc.
- SEWER SYSTEM
- All facilities, as of any particular time, for collecting, transporting, pumping, treating and disposing of sanitary sewage and industrial wastes, situated in or outside of the Borough of Mifflinburg and owned by Mifflinburg. The term shall also include similar facilities owned and operated by any parties outside the Borough and connected to Mifflinburg's sewage system.
- SEWER TRAP
- A device, fitting or assembly of fittings installed on the service line to prevent circulation of air between the drainage system of the building and the service line.
- SEWAGE WASTES
- Sanitary sewage or industrial wastes or any combination thereof, but only to the extent that industrial wastes have been pretreated, if required hereunder, and otherwise meet the requirements of this agreement.
- Mandatory as distinct from "may" which means permissive, subject to approval by Mifflinburg and other parties to this agreement.
- Any discharge of sewage wastes as measured by rate of flow and/or concentration of pollutants which results in the exceedance of any design parameter of the sewer system for any amount of time, which interferes with sewage treatment or the disposal of sludge, or which in the opinion of the owner of the respective sewer system creates a dangerous or unsafe condition or a condition which could cause the violation of State or Federal law. The term particularly applies to the sudden emptying of large vats, tanks or swimming pools into the sewer system.
- STORM SEWER OR DRAIN
- A pipe or conduit which carries stormwater, groundwater, surface water, drainage, and certain industrial waste discharges, such as cooling and air-conditioning waters, but excludes sewage and industrial wastes.
- The assessment in addition to the user charge which is levied on those customers or property owners whose wastes are greater in strength than the concentration values established as representative of normal sanitary waste.
- SUSPENDED SOLIDS
- Solids that either float on the surface of or are in suspension or dissolved in water, sewage or other liquids and which shall be determined by laboratory analysis under standard laboratory procedure. The standard laboratory procedure shall be that defined in the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health association.
- TAPPING FEE
- Fees established by Mifflinburg and approved by resolution of the Mifflinburg Borough Council, as amended from time to time to include the total cost of making a new connection to the public water and/or sewer system. This charge may include capacity cost, connection fee, or customer facility fees for water and/or sewer.
- TOXIC SUBSTANCE
- Any poisonous substance, including but not limited to wastes containing cyanide, lead, copper and/or chromium ions or any substance having a deleterious impact on the treatment of sanitary sewage or sewage treatment plant or facilities in any way.
- Any person connected to the public sewer system by a service lateral or connection deliberately discharging wastewater into it or otherwise provided service by the respective system.
- USER FEE
- A system of charges to assure that each user of the respective system or recipient of sewer service pays his or her proportionate share of the applicable cost(s) of operation and maintenance, including replacement and improvement of the wastewater treatment facilities and system including both base and variable consumption or user based charges.
- Filtered and treated water meeting regulatory requirements provided by Mifflinburg to the water system.
- WATER SYSTEM
- All facilities, as of any particular time for transporting, treating, storing, and distributing water, situated inside or outside of the Borough of Mifflinburg and owned by Mifflinburg. The term shall also include similar facilities owned and operated by any parties to this agreement and connected to Mifflinburg's water system.
[Ord. 2006-6, 9/19/2006]
Unless otherwise specifically approved and acted upon by the Mifflinburg Borough Council, the owner of any improved property which is located in a sewer service area shall connect such improved property therewith, in such manner as Mifflinburg may require, within the time specified in the notice to such owner from Mifflinburg to make such connection, for the purposes of receiving public sewer service to such improved property, subject to such limitations and restrictions as shall be established by Mifflinburg from time to time.
All sewer from any improved property, after connection of such improved property with a service line to the public sewer system as required herein, subject be to such limitations and restrictions as shall be established herein or as otherwise shall be established by Mifflinburg, from time to time.
No person shall place or utilize or permit to be placed or utilized upon public or private property within Mifflinburg any individual or community sewer disposal system in violation of the regulations for Mifflinburg.
No sump, leach bed, drywell or any on-lot sewage disposal system shall be used or maintained at any time upon any improved property which has been previously connected to a sewer line or which shall be required under this section to be connected to a sewer line unless as approved by Mifflinburg in this section.
The notice by Mifflinburg to make a connection to the sewer system, referred to in this section, shall consist of a copy of this Chapter, including any amendments and/or supplements at the time in effect, or a summary of each Section hereof, and a written or printed document requiring the connection in accordance with the provisions of this Chapter and specifying that such connection shall be made within the time specified from the date such notice is given. Such notice may be given at any time after a sewer main is in place which can receive and distribute sewage waste 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.
§ 20-103 Individual and Community Sewage Disposal Systems; Required Sewer Connections; Prohibited Acts.
[Ord. 2006-6, 9/19/2006]
No person, partnership, firm or corporation shall install or cause to be installed any individual or community sewage disposal system(s) within the boundaries of the Borough of Mifflinburg or connect any individual or community sewage disposal system(s) to the Mifflinburg sewer system without first obtaining, in writing, permission from Mifflinburg. Such permission shall not be granted to said applicant until it has been clearly shown that the proposed individual or community sewage disposal system is in compliance with the provisions of Act 537, the Pennsylvania Sewage Facilities Act, as amended and supplemented, and all other State, Federal, and Mifflinburg ordinances and regulations as applicable.
Any building, property, or use requesting an individual sewage system within or partially within the boundaries of Mifflinburg Borough shall only be permitted by specific action of the Mifflinburg Borough Council.
Any building, property, or use that requires the disposal of domestic, commercial, industrial, or institutional waste and is wholly or partially located within the geographic boundary of Mifflinburg Borough shall be required to connect to the Mifflinburg sewer system in accord with all applicable State, Federal and local regulations and requirements.
Holding tanks shall not be permitted.
All water contaminated by use must be discharged into the public sewer, including water from sinks and washing machines. This shall include all domestic, commercial, institutional, and pretreated industrial waste discharge.
The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated wholly or partially within the corporate boundaries of Mifflinburg Borough is hereby required at the owners expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the applicable municipal ordinances requiring mandatory connection with the public sewer system unless otherwise authorized and approved by the Borough of Mifflinburg.
Editor's Note: See 35 P.S. § 750.1 et seq.
No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is part of the public sewer/public sewage system and/or sewage treatment plant. Any person(s) violating this provision shall be subject to civil and criminal penalties as provided by law.
[Ord. 2006-6, 9/19/2006]
The following subsections shall apply to any property owner, occupant, contracted individual or otherwise intending to connect to the Mifflinburg sewer system:
No unauthorized person(s) shall uncover, connect with, make any connections with or opening into, use alter or disturb, in any manner, any part of the sewer or sewer system without first making application for and securing a permit in writing from Mifflinburg. The permit fee shall cover the cost of administration and inspection and shall be payable by all such persons at the current rate as set by resolution of the Mifflinburg Borough Council.
Every consumer desiring sewer service shall make written application on the form furnished by Mifflinburg at least one week before service is required. Mifflinburg will not make any inspections until the application is complete and the permit fee is paid in full. All applications shall be subject to approval of Mifflinburg.
Mifflinburg shall require a separate permit for each connection. The permit fee shall include the administrative fee and basic inspection fee. The Borough reserves the right to impose an inspection surcharge based upon actual time and materials required for any inspection requiring more than one hour or if said inspection must be performed at a time other than Mifflinburg's normal working hours.
Person(s) shall install or cause to be installed at their own expense all new sewer service line(s) and connections from and including the point of the tap into the existing sewer main to the building. All construction shall be in accord with the requirements of § 23-413, Sewage Facilities, of the Mifflinburg Subdivision and Land Development Ordinance.
All service lines/laterals must be inspected by Mifflinburg's designated inspector. Trenches must be left open. Mifflinburg's Inspector is to be notified no less than 24 hours in advance of installation and an appointment made for inspection. All pipes and pipe joints must be visible and accessible to the Inspector. If the work is satisfactory, the permit, which must be on hand at the time of inspection, will be endorsed and returned to the owner.
No person or owner of property shall permit any other owner to make an attachment or connection to his/her or any other sewer service line or lateral. It shall be illegal to drain any other dwelling unit or waste other than that which is approved by the permit.
A separate and independent building sewer/service lateral shall be provided for every parcel. A separate and independent building sewer/service lateral shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the front building may be extended to the rear building and the whole considered as one building sewer/service lateral, but Mifflinburg does not and shall not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
Old or previously used and/or abandoned or never-used sewer/service laterals may be used in connection with a building only when such connection is approved by Mifflinburg and they meet the requirements, specifications, and standards of sewer construction as contained in § 23-413 of the Mifflinburg Subdivision and Land Development Ordinance.
In no instances, shall one property or building be permitted to have more than one sewer/service lateral connection to the sewer main.
The sewer/service lateral shall be connected to the sewer at the place designated by Mifflinburg.
Every excavation for a sewer/service lateral or sewer main extension shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Street sidewalks, and other public property disturbed in the course of installation shall be restored at the cost and expense of the owner of the improved property being connected in a manner satisfactory to Mifflinburg. In paved areas and roadways, the surface shall be restored to meet the requirements of the owner of the road, shoulder, or parking area.
All work required within the rights-of-way of a State route shall require a PennDOT highway occupancy permit and shall be the responsibility of the applicant. Such street work and restoration shall meet the requirements of said highway occupancy permit.
Any person or owner who is identified as having a deficiency or unsatisfactory condition in their sewer/service lateral shall be notified, in writing, by Mifflinburg. Any such person who shall fail or refuse to make the required repairs, within 60 days of receipt of a notice may be subject to legal action by Mifflinburg under the terms of this Chapter.
[Ord. 2006-6, 9/19/2006]
The consumer may at his discretion, employ Mifflinburg to make the connection from the sewer main to the curbline, edge or right-of-way or edge of easement.
In such cases, a connection fee will be assessed by Mifflinburg and will include the actual cost of materials and labor for Mifflinburg to perform the work. The connection fee will include the actual cost of any pipe, fittings, backfill, compaction, pavement restoration, or seeding and mulching and labor as may be required to perform the work.
Before connecting to Mifflinburg's sewer system, the owner or designated agent of the owner shall pay the required permit fee, customer facilities fees, tapping fees, or other fees as established by resolution of Mifflinburg Borough Council as pertaining to sewer service connections.
Applicants requesting sewer connections made to a sewer main or facilities that have been extended per the terms of an approved subdivision or land development plan or extended outside the Mifflinburg Borough boundary must provide proof of sewer main construction inspection and approval by Mifflinburg or Mifflinburg's Engineer before such connection approval will be granted. Additionally, applicant shall provide proof of a Pa DEP Sewage Facilities Planning Module approval.
[Ord. 2006-6, 9/19/2006]
All sewer rental and user fees shall be in accord with current Mifflinburg fee schedules as established by resolution of the Mifflinburg Borough Council.
[Ord. 2006-6, 9/19/2006]
Mifflinburg has the responsibility of maintaining sanitary sewage collection and transmission lines, manholes, metering manholes, equipment, treatment facilities and appurtenances.
The property owner has the responsibility for maintaining the sewer/service line which means that portion of the system extending from the building or the end of the inside plumbing portion of the system to the curbline, right-of-way, or easement of the Borough. The service line shall be kept in good condition by the consumer.
When two or more consumers are supplied through a single service, any violation of the rules of Mifflinburg by either or any of said consumers shall be deemed a violation as to all, and Mifflinburg may take such action as could be taken against a single consumer, except that such action shall not be taken until the innocent consumer who is not in violation of the rules has been given reasonable opportunity to attach his sewer/service lateral to a separately controlled service connection.
[Ord. 2006-6, 9/19/2006]
It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property in any area under the jurisdiction of the service of Mifflinburg Borough any human or animal excrement, garbage, or objectionable waste.
It shall be unlawful to discharge to any natural outlet or watercourse in any area under the jurisdiction of the service area of Mifflinburg any wastewater or other polluted waters. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage in any service area under the jurisdiction of Mifflinburg. Such service area of Mifflinburg includes the entire geographic boundary of Mifflinburg Borough and any municipality or portion thereof served by Mifflinburg Borough.
No person shall discharge or cause to be discharged any springwater, stormwater, surface water, groundwater, roof runoff or subsurface drainage, building foundation drainage, drainage from roof leader connections, cooling water or unpolluted industrial process waters into the public sewer system except with the consent and specific approval of Mifflinburg Borough Council. Floor drains in basements subject to groundwater infiltration or flooding must also be removed, permanently sealed, or otherwise not connected to the Building Sewer.
Except as otherwise provided in this Chapter, no person(s) shall discharge or cause to be discharged any of the following described wastes or waters to any public sewer system of any part of the public sewer system:
National Pretreatment Standards.
Prohibited Wastewater Discharges.
General Prohibitions. No user shall discharge any wastewater which will pass through or interfere with the operation or performance of the treatment system.
Specific Prohibitions. No user shall discharge any of the following pollutants into the treatment system:
Any flammable liquids, solids or gases, or any materials which interact with other substances to cause a fire or explosion. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides.
Any solid or viscous substance that may cause obstruction to flow in the sewer system or be detrimental to the treatment system operation. These substances include, but are not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, feathers, tar, wood, paunch manure, hair, paper products other than toilet tissue, plastics and rags.
Any wastewater containing more than 100 ppm by weight of fats, oils, and grease.
Any wastewater containing any garbage that has not been ground by a household type or other suitable garbage grinder.
Any pollutant that will cause or contribute to corrosive damage or hazard to the structure, equipment or personnel of the treatment system. In no case shall discharges have a pH less than 6.0 or higher than 9.0.
Any wastewater containing toxic pollutants in sufficient quantity, either singularly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, to constitute a hazard to humans or animals, to create a toxic effect in the receiving waters of the treatment system, or to exceed the limitations set forth in a federal categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307 (a) of the Act.
Any noxious or malodorous liquids, gases, or solids which, either singularly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
Any pollutant that will cause the effluent or any other product of the treatment system such as residues, sludges, or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the treatment system cause the sludge produced to be in compliance with disposal criteria, guidelines, or regulations developed under Section 405 of the Act; or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge management method being used.
Any wastewater with objectionable color not removed in the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions.
Any heated wastewater that exceeds a temperature of 65° C. (150° F.) or that is sufficient enough to increase the temperature of the treatment system's influent above 40° C. (104° F.).
Any pollutant, including oxygen demanding pollutants (BOD5, etc.) released in a discharge of such volume or strength as to result in interference with the treatment system.
Any wastewater containing pollutants of such character or quantity that special and unusual attention is required for their handling.
Any nonbiodegradable oils of mineral or petroleum origin.
Any radioactive wastes or isotopes of such half-life or concentration that causes violation of local, State or Federal regulations.
Any waters not intended for treatment by the treatment system including, but not limited to stormwater, surface water, groundwater, roof runoff, subsurface drainage or cooling system waters.
The provisions of 40 CFR Section 403.6 and any categorical pretreatment standards promulgated by the Environmental Protection Agency for a particular industrial subcategory shall be incorporated herein by reference.
Industries subject to Federal Categorical Pretreatment Standards shall comply with all of the requirements thereof including the reporting requirements of 40 CFR Section 403.12.
Mifflinburg reserves the right to establish more stringent standards or limitations on discharges to the treatment system if deemed necessary to comply with the objectives of this Section.
Nothing in this Section shall be construed as preventing any special agreement between the Borough and any user of the treatment system which would allow compatible pollutants of unusual strength or character to be accepted into the system and specially treated. This agreement, however, shall not waive any of the national pretreatment standards unless such a waiver is granted by mechanisms established under the pretreatment regulations.
It shall in all cases be the financial responsibility of the applicant or the user for any/all laboratory fees, collection and analysis fees, and reporting as may be required to verify the physical and chemical composition of the waste as required in this Section.
Accidental Discharges and Slug Loadings.
Each user shall provide protection from accidental discharges and slug loadings. Facilities to prevent accidental discharges and slug loadings shall be provided and maintained at the user's own expense. In the case of an accidental discharge or slug loading, the user shall notify Mifflinburg immediately by telephone. The notification shall include the location of the discharge, type, volume, and concentrations of the waste, and the corrective actions taken.
Within five days following an accidental discharge or slug loading, the user shall submit to Mifflinburg a detailed written report describing the cause of the discharge and the measures which will be taken by the user to prevent similar occurrences.
Such notifications outlined above shall not relieve the user from exposure to enforcement action as provided herein or from applicable surcharge fees as a result of said discharges.
If an accidental discharge or slug loading causes a situation which results in extra expense for Mifflinburg, the responsible user shall reimburse Mifflinburg for such extra expense. Such situations include, but are not limited to, causing an obstruction or damage to any part of the treatment system, causing a violation of an applicable government law or regulation which results in a fine imposed on the Borough, and any other damage to persons, property, animals, fish, or the receiving waters of the treatment system.
Dilution Restriction. No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or with any other pollutant-specific limitation developed by the State or Mifflinburg unless expressly authorized to do so in writing.
Pretreatment. Users shall provide necessary wastewater treatment as required to comply with this Chapter and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to Mifflinburg shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedure shall be submitted to Mifflinburg for review. Mifflinburg shall indicate its acceptance in writing before construction of the facility may begin. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to Mifflinburg under the provisions of this Chapter. Any subsequent changes in the pretreatment facilities or method of operation which may result in material changes in the characteristics or volume of wastewater discharged to the treatment system shall be reported to Mifflinburg which shall indicate its acceptance thereof in writing prior to the user's initiation of the changes.
[Ord. 2006-6, 9/19/2006]
At the time of the inspection of any building sewer or sewer service lateral, and from time to time as determined by the Mifflinburg Borough, Mifflinburg's representatives shall have the right to inspect the facilities within the improved property, following adequate prior notification, to determine whether the facilities connected to the sewer system are in conformance with Mifflinburg's Code of Ordinances. This inspection shall be permitted for purposes of inspection, measurement, sampling, and testing and for performance, violation determination or other functions relating to service rendered by Mifflinburg through the system.
Failure of any property owner to grant right of access to Mifflinburg for the intent and purposes listed herein shall constitute a violation of the law and, as such, shall subject said property owner to the fines and legal consequences as listed in § 20-113 of this Chapter. Each day of violation shall represent a new and separate offense subject under this Chapter.
[Ord. 2006-6, 9/19/2006]
In special cases, construction of sewer lines by the discharger may be required to convey certain wastes to a specific pretreatment process before delivery to the public sewer. All pretreatment systems requiring engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed by the State of Pennsylvania.
The following pretreatment measures shall be mandatory for the indicated types of wastes:
Grease Traps. All wastes emanating from commercial establishments which contain, or are likely to contain, oil or grease in detrimental amounts shall be passed through a suitable grease trap before discharge into a public sewer. Establishments requiring grease traps shall include, but not be limited to, auto service businesses, restaurants, and commercial businesses or institutions engaging in the preparations and/or service of food. The grease trap shall be of a type and capacity approved by Mifflinburg and certified by the manufacturer. The certification by the manufacturer shall state that the grease trap is suitable for its intended purpose and installation and will provide satisfactory performance. The grease trap shall be so located as to be readily accessible for cleaning and inspection.
Separators. All industrial wastes, which contain, or are likely to contain, oil or grease in detrimental amounts, or any flammable substance, sand, grit, ashes, stones, or other harmful ingredients, shall be passed through a suitable separator before discharge to a public sewer. The separator shall be of a type and capacity approved by Mifflinburg and certified by the manufacturer. The certification by the manufacturer shall state that the separator is suitable for its intended purpose and installation and will provide satisfactory performance. The separator shall be so located as to be readily accessible for cleaning and inspection.
Fine Screens. All wastes resulting from the processing of fruits, vegetables, and other agricultural produce shall be passed through a suitable fine screen before discharge to a public sewer. The screen shall have openings of not more than 1/8 inch unless otherwise approved by Mifflinburg.
Large Screens. All wastes from institutions shall pass through a suitable large screen or bar rack before discharge to a public sewer. The device shall have openings of not more than 2 1/2 inches. The screen shall be so located as to be readily accessible for cleaning and inspection.
All domestic wastewater from restrooms, showers, drinking fountains, etc., shall be kept separate from all industrial, commercial, and institutional wastewater until such wastewater has passed through any required pretreatment system or device.
[Ord. 2006-6, 9/19/2006]
These policies and procedures are established to ensure that any extensions to the sanitary sewer system are designed and constructed in accordance with good engineering practice. These regulations or any other regulations incorporated herein by reference shall be enforceable and established for any and all extensions of the sanitary sewer system of Mifflinburg.
A PaDEP water quality management permit is required for all sanitary sewer extensions, except for sewer extensions to serve less than 250 single-family dwelling units, or their equivalent, provided the extension is located, constructed, connected, and maintained in accordance with the Rules and Regulations of PaDEP and is consistent with the approved official plan required by Act 537. All sewer extensions require PaDEP approval through its Planning Module of Land Development review.
All sewer extensions shall be constructed in accord with the standards contained herein or as required by § 23-413 of the Mifflinburg Subdivision and Land Development Ordinance. In instances where any ordinance provisions conflict in meaning or intent, the ordinance requirement adhering to the more stringent construction standard shall, in all cases, apply.
In addition to the applicable requirements for a new subdivision and/or land development approval, a developer desiring to extend the sanitary sewer system of Mifflinburg shall:
Notify Mifflinburg of the intentions and pertinent information, including length of proposed sanitary sewer extension, location, number of users, dates for meetings, design deadlines, construction, etc.
Mifflinburg and Mifflinburg's Engineer will review the request and, if applicable, will issue a capacity letter. The capacity letter shall be good for six months and shall be based on a capacity being available at the time unless the Developer further reserves said capacity through a separate purchase agreement with Mifflinburg Borough Council. The capacity letter will outline the capacity that shall be available at a specific point of connection. If necessary, the developer shall provide Mifflinburg with engineering studies as requested in order to determine existing pipe capacities, existing flow quantities, and maximum hydraulic flows needed to determine the adequacy of the sanitary sewer system to handle the additional flow requirements.
Prepare PaDEP planning modules for land development and submit to Mifflinburg.
Mifflinburg and Mifflinburg's Engineer will review modules and, if acceptable, will issue a capacity letter.
County Planning Commission and Borough Planning Commission shall review plans and modules and advise Mifflinburg of compliance status.
Developer shall deliver planning modules, plans, specifications, and approval letters to Mifflinburg for approval of the utility extension(s).
Developer must provide Mifflinburg with fully executed copies of all required rights-of-way, easement, and maintenance agreements and proofs of recording from the Register and Recorder of Union County.
Developer must verify written approval of subdivision and land development plan from Mifflinburg Planning Commission.
Developer must provide proof of improvements guarantee agreement with financial security as may be required by the Mifflinburg Planning Commission and Mifflinburg Borough Council.
Developer must provide Mifflinburg with a construction schedule within 10 days of the commencement of work.
Mifflinburg shall inspect construction, inspection, and testing of all new facilities as required in the construction specifications. Developer shall be responsible for the cost of any testing and inspection as required by Mifflinburg.
Developer shall notify Mifflinburg in writing to request approval of substantial completion.
Mifflinburg's Engineer shall conduct an inspection and advise the developer in writing affirming or denying substantial completion of the project within 10 days of the receipt of developer's request.
A punch list of items remaining to be completed will be provided by Mifflinburg to the requestor.
A substantial completion certificate will be issued by Mifflinburg's Engineer for the extension of the sanitary sewer system only.
Upon completion of all punch list items, Mifflinburg's Engineer shall conduct a final inspection and, if appropriate, issue a certificate of completion for the sanitary sewer extension.
The developer shall provide two reproducible copies each of the record drawings and one electronic data on latest AutoCAD format.
A warranty inspection will be conducted within one year from the date of substantial completion.
All legal and engineering fees incurred by Mifflinburg in performing the activities required these items will be the sole responsibility of the developer.
A final settlement of all bonds, easements, maintenance agreements, and/or financial security shall occur.
All items requiring Mifflinburg approval shall be submitted to Mifflinburg at least 14 days prior to Mifflinburg's next scheduled meeting date.
The developer shall bear all costs and expenses incident to the costs incurred by Mifflinburg in the acceptance, review, approval, and inspection of the proposed extension and shall be required to:
Pay or reimburse the costs and expenses incurred by Mifflinburg in connection with the preparation and recording of any/all developer's agreements.
Pay or reimburse costs and expenses incurred or estimated to be incurred by Mifflinburg, employing its engineers, solicitor or other responsible party to review, inspect or otherwise approve said project.
The design plans and specifications shall, at a minimum, meet the requirements as outlined in the Mifflinburg Subdivision and Land Development Ordinance for a major subdivision. In addition to those requirements the following minimum plan requirements shall be met:
Plan and profile sheet(s) shall be shown at a horizontal scale of one inch equals 50 feet and a vertical scale of one inch equals 10 feet. Profiles shall be of each existing and proposed street, showing all easements reserved for sanitary sewer line and related appurtenances. The sanitary sewer line shall be profiled as well as other underground utilities and storm water conveyance structures.
Vertical control shall be based on USGS datum, 1983 NAD, including one permanent benchmark.
The profiles shall indicate existing and future building elevations as well as the level of service (basement, first floor, etc.) provided for each building.
Miscellaneous details shall show all necessary details, including but not limited to stream crossings, special connections details, utility crossings, structure details, erosion and sediment control notes and details, etc.
The technical specifications shall meet the requirements of the Mifflinburg Subdivision and Land Development Ordinance for sewer facilities (§ 23-413). In any circumstances where the provisions contained or referenced herein do not provide clear sanitary sewer construction standards, the "Contract Documents and Standard Specifications for Utility Construction in Pennsylvania," as published by the Pennsylvania Utility Contractor's Association (PUCA), shall prevail. Any decision for determination for construction specification clarification and or interpretation shall be made by Mifflinburg in consultation with Mifflinburg's Engineer. All decisions by Mifflinburg shall be final.
The developer shall construct the sewer lateral to the edge of the right-of-way, easement, or curbline, including cleanout construction, and end with a watertight plug with a two-by-four-inch wooden board that extends from the plug to 24 inches minimum above the ground service. The board shall be painted with permanent green paint to identify the location of the sewer/service lateral.
Any necessary test borings, subsurface explorations, or excavations that may be necessary to identify or analyze subsurface conditions, other utility locations, existing pipe elevations, etc., shall be at the expense of the developer. Any construction alterations or relaying of pipe, or any additional expense that is a result of failure to make the aforementioned test excavations, shall be the responsibility of the developer.
No construction work on the proposed sanitary sewer line extension shall commence until:
Mifflinburg has received all required State and local planning and regulatory approvals including but not limited to DEP WQM permits, NPDES permits, land development plan approval, bonding, insurance, financial security, and erosion and sedimentation control plan approval.
The developer has notified Mifflinburg a minimum of 10 days prior to the intended construction start date.
The developer has received written authorization from Mifflinburg to commence work.
Mifflinburg has received payment of any and all required fees.
The developer is also responsible for the following permits and approvals and any associated fees:
[Ord. 2006-6, 9/19/2006]
Notwithstanding any other provisions or implications of this Chapter to the contrary, Mifflinburg reserves the right at all times to refuse to render or to continue to render sewer service and/or water service to any property or through any lines whenever it appears that the connection of the property to the sewer system has been improperly made or whenever it appears there has been a violation of the Mifflinburg Code of Ordinances with respect to the installation or use of the sewage disposal facilities. In the event that Mifflinburg shall elect to discontinue water and/or sewer service to any user connected to its lines, Mifflinburg shall give 10 days' written notice by certified mail to the owner prior to disconnecting the property from the sewer system.
[Ord. 2006-6, 9/19/2006]
Any person or property owner found to be violating any provision of this Chapter shall be served by Mifflinburg with written notice stating the nature of the violation and providing a sixty-day period for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations and/or make the corrections, repairs, or retributions as required in said notice of violation.
Any person or property owner who shall violate any provision of this Chapter shall be sentenced, upon conviction thereof, to a fine of not more than $1,000, 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 punishable as such. Nothing in this section shall prevent Mifflinburg from seeking any other civil penalties and/or remedies as allowed by this Chapter or other applicable law. State and federal facilities shall be subject to those civil penalties arising under state and/or federal law or allowed by law to be imposed by state or local court. Every day that a violation of these regulations continues shall constitute a separate offense.
Any person or property owner violating any of the provisions of this Chapter shall become liable to Mifflinburg Borough for any expense, loss, or damage occasioned by Mifflinburg by reason of such violation. State and federal facilities shall be liable to Mifflinburg for those expenses, losses, or damages allowed by law.
In addition to proceeding under any other remedy available at law or equity for a violation of this Chapter, the borough may assess a civil penalty upon the user for the violation pursuant to the Publicly Owned Treatment Works Penalty Law, Act No. 1992-9. The civil penalty shall not exceed $25,000 per day for each violation, regardless of jurisdictional boundaries. Each violation for each separate day shall constitute a separate offense.
The notice of civil penalties as described above shall included a detailed description of the applicable appeals process to be followed, which shall include the name, address and telephone number of the person responsible for accepting such appeal.
In civil penalty assessments, the Borough will consider all of the following factors:
The damage to air, water, land or other natural resources of the Borough and surrounding municipalities.
Cost of restoration and abatement.
Cost savings, if any, by the user as a result of the violation.
Past violations and compliance history.
The user's willingness to work with the Borough.
Harm to the Borough, its sewer facilities, and its personnel.
Whether the violation resulted or could have resulted in a violation of the Borough's NPDES permit.
Whether the violation resulted or could have resulted in a violation of the Borough's sludge disposal practices.
Magnitude of the violation.
Good faith before by the user in response to the notice of violations in a timely manner.
In any event, any civil penalty assessed shall, at a minimum, be set to fully compensate the Borough for any harm associated with the violation.
[Ord. 2006-6, 9/19/2006]
The Borough may suspend a sewer permit when such suspension is necessary in the opinion of the Borough in order to stop an actual or threatened discharge that presents or may present an imminent or substantial danger to the health or welfare of persons, the environment, causes interference with the Borough's sewage treatment facilities or causes the Borough to violate any conditions of its NPDES permit.
Any person notified of a suspension of a permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the Borough shall take the steps necessary, including immediate severance of the sanitary sewer connection to prevent or minimize damage to the Borough's sanitary sewer system or endangerment to any individuals. The Borough may reinstate the permit upon proof of elimination of the noncomplying discharge by the user, payment of any damages, fines, penalties or costs associated with the discharge and the submission of a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence.
In the event that the person does not comply with the suspension order, the Borough may then, 10 days after the mailing of a written notice to the person, suspend water service to the property until required actions are completed.
Upon 24 hours' written notice to the owner of a property to which the Borough provides sewer service, regardless of jurisdictional limits, Borough personnel shall have the right to inspect the property for compliance with the terms of this Chapter. Failure or refusal to permit such inspections shall give the Borough the authority to immediately sever the sewer connection for the property, regardless of the jurisdictional limits of the property. In the event of a disconnection of the sewer, service shall not be reconnected until inspection of the property by the Borough and completion of any necessary work to the satisfaction of the Borough.