[Ord. 1988-8A, 12/27/1988, § 1]
This Part shall be known and may be cited as the "Burnham Borough Sewer Ordinance of 1988."
[Ord. 1988-8A, 12/27/1988, § 2]
Unless otherwise expressly stated, the following words and phrases used in this Part shall have the meaning herein indicated:
AUTHORITY
Burnham Borough Authority, a Pennsylvania municipality authority created by the Borough pursuant to the Municipality Authorities Act of 1945, P.L. 382, as amended.
BOROUGH
The Borough of Burnham, Mifflin County, Pennsylvania.
COUNCIL
The Borough Council acting as the governing body of the Borough.
OCCUPIED BUILDING
Any structure erected and intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage is or may be discharged.
PERSON
An individual, firm, company, association, society, corporation, board or group.
PREMISES ACCESSIBLE TO A SEWER
Any parcel of real estate which adjoins, abuts upon or is adjacent to any street or alley in which there is located a sewer, or any parcel of real estate in which a sewer or sewer lateral is provided at any point thereof or at any point on the boundary thereof. As used herein the term "sewer" shall include all sewers forming a part of the sanitary sewer system of Burnham Borough as shown on the plans prepared by the Albright and Friel, Inc., under date of November 11, 1957, and Gannett Fleming Environmental Engineers, Inc., under date of June 1987, a copy of said plans being on file and available for inspection at the Borough offices, Burnham Municipal Building, Burnham, Pennsylvania, together with any alterations, amendments, revisions, or changes in said plans as may from time to time be developed and approved by the Borough. A premises shall be deemed accessible to a sewer where the first floor level of the dwelling house or main building thereon is at least 24 inches above the invert of the sewer lines in the adjoining, abutting or adjacent street or alley or which is provided at any point on the said premises or at any point on the boundary thereof, but not otherwise.
SEWAGE
All fecal matter, human excrement, kitchen, commercial, industrial and laundry waste, and all the normal water-carried household and toilet wastes from residences, business places, institutions and commercial and industrial establishments.
SEWER SYSTEM
All facilities for collecting, treating and disposing of sewage situated in or adjacent to the Borough and owned by or leased by the Borough, including the sewage treatment plant and intercepting and outfall sewers.
[Ord. 1988-8A, 12/27/1988, § 3]
Every occupied building now in existence in the Borough on premises accessible to a sewer shall be connected with such sewer by the owner thereof and at his expense within 120 days from and after the effective date of this Part for the purpose of the discharge of all sewage for such premises. Every occupied building on premises hereafter made accessible to a sewer by virtue of extension of sewer lines shall be connected with such sewer by the owner thereof and at his expense within 60 days after the premises becomes accessible to the sewer. Occupied buildings hereafter constructed or buildings which may hereafter be put to use as occupied buildings shall be connected with such sewer by the owner thereof and at his expense within 60 days after construction or use as an occupied building. All sewage created or originating on premises accessible to a sewer shall be discharged into the sewer. Every premises shall be connected separately and independently with the sewer through the service connection directly opposite the premises, unless, for cause shown, the Borough shall approve in writing an alternative arrangement. Groupings of buildings upon one house sewer shall not be permitted, unless, for cause shown, the Borough shall approve in writing an alternative arrangement. In the case of a duplex or row house, each house or dwelling shall be deemed a separate building and shall have a separate building sewer. This provision aforesaid relating to a duplex or a row house shall not apply to installations made prior to the enactment of this Part and the regulations thereto. Sewage shall be discharged into the sewer by direct connection and not through any septic tank, cesspool, privy vault or similar receptacle. Occupied buildings on premises accessible to a sewer which are now discharging sewage into a septic tank, cesspool, privy vault or similar receptacles shall make the necessary alterations to comply with this Part within 120 days after the effective date hereof.
[Ord. 1988-8A, 12/27/1988, § 4]
It shall be unlawful for any person owning any premises accessible to a sewer to erect, construct, use or maintain or cause to be erected, constructed, used or maintained, any privy, cesspool, sinkhole, septic tank or other receptacle on such premises for receiving sewage after the expiration of 120 days after the effective date of this Part, or otherwise at any time to erect, construct, use or maintain any pipe, conduit, drain or other facility for the discharge of sewage including washwater drains except into the sewer.
[Ord. 1988-8A, 12/27/1988, § 5]
Within 120 days after the effective date of this Part, the owner of any premises accessible to a sewer upon which exists any privy, cesspool, sinkhole, septic tank or other receptacle heretofore used as a receptacle for sewage shall clean and close the same in a manner approved by the Pennsylvania Department of Environmental Resources. Any person who erects, constructs, uses or maintains a privy, cesspool, sinkhole, or septic tanks, or other receptacle for the collection of sewage on any premises accessible to a sewer in violation of this Part, shall be deemed and shall be declared to be in violation of this Part, shall be deemed and shall be declared to be erecting, constructing and maintaining a nuisance, which nuisance the Borough is hereby authorized and directed to abate at the expense of the owner of the premises in the manner provided by law.
[Ord. 1988-8A, 12/27/1988, § 6]
No connection shall be made to a sewer except in compliance with the ordinances and resolutions of the Borough as well as such rules and regulations as may from time to time be enacted, adopted, approved or promulgated by the Borough.
[Ord. 1988-8A, 12/27/1988, § 7]
The discharge of all sewage on premises not accessible to a sewer shall be made into a septic tank or other type facility approved by the Pennsylvania Department of Environmental Resources. In each instance, written approval shall be received from the Borough for the use of such facility within 120 days after the enactment of this Part. The owner of premises not accessible to a sewer shall submit to the Borough a proposal in writing of the type of sewage facilities proposed to be used. The Borough shall have the power and duty to approve such proposed facilities or to prescribe alternate facilities. Upon the failure of the owner of any premises not accessible to a sewer to submit a written proposal of sewage facilities as prescribed herein, the Borough shall have the right to issue a written order prescribing the type of facilities to be maintained on such premises. Written approval or order of the Borough issued under this Section shall be complied with by the property owner within 60 days.
[Ord. 1988-8A, 12/27/1988, § 8]
If the owner of any premises shall fail to take any action as prescribed by this Part within the time specified herein, the Borough may take the action and collect the cost thereof, if the same has not been paid, from such owner by municipal lien or in a civil action/assumpsit action as is provided by law.
[Ord. 1988-8A, 12/27/1988, § 9]
The Borough reserves the right to, and may from time to time, adopt, revise, amend and readopt such rules and regulations as it deems necessary and proper for the use and operation of the sewer system and all such rules and regulations shall be and become a part of this Part.
[Ord. 1988-8A, 12/27/1988, § 10; as amended by Ord. 1995-2, 3/14/1995]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord, 1988-8A, 12/27/1988, § 13]
The following shall apply in interpreting this Part and the rules and regulations promulgated hereunder:
A. 
The provisions of this Part and the rules and regulations promulgated hereunder, so far as they are the same as those of the ordinance or ordinances and the rules and regulations promulgated thereunder in force immediately prior to adoption of this Part (specifically Ord. 1959-7, as amended by Ord. 1960-7, and the rules and regulations promulgated under Ord. 1959-7, as amended by Ord. 1960-7), are intended as a continuation of such ordinance and/or ordinances and the rules and regulations promulgated thereunder, and not as new enactments.
B. 
This Part and the rules and regulations promulgated hereunder are intended to revise and supplement the prior ordinance, as amended, and the rules and regulations promulgated thereunder, by updating and revising certain provisions of said prior ordinances, as amended, specifically Ord. 1959-7, as amended by Ord. 1960-7 and the rules and regulations promulgated thereunder.
C. 
The provisions of this Part shall not affect any act done or liability incurred nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense, under the authority of any ordinance in force prior to the adoption of this Part and the rules and regulations promulgated thereunder, and specifically Ord. 1959-7, as amended by Ord. 1960-7, and the rules and regulations promulgated thereunder.
[Ord. 1988-8B, 12/27/1988, § 1]
The definitions as set forth in the said Ord. 1988-8A enacted by the Borough Council on December 27, 1988, [Part 1A] are hereby incorporated in these rules and regulations by reference thereto and as though said definitions were herein set forth in full. In addition, the following terms as used in these rules and regulations shall have the following meanings unless the context requires a different meaning:
HOUSE DRAIN
That part of the main horizontal drain and its branches inside the walls of the building or vault and extending to and connecting with the service line.
PLUMBING FIXTURE
Applied to any receptacle intended to receive and discharge any liquid, water or water carried wastes into a service line.
SERVICE LINE
That part of the main drain or sewer extending from a point five feet outside of the outer wall of a building or vault to its connection with the public street sewer.
SOIL PIPE
Any vertical line of pipe (which may extend through the roof) receiving the discharge of one or more water closets, with or without other fixtures.
VENT PIPE
Is applied to any pipe extending through the roof provided to ventilate the system of piping, and to prevent trap siphonage and back pressure.
WASTE PIPE
Any pipe receiving the discharge from any fixtures except water closets.
[Ord. 1988-8B, 12/27/1988, § 2; as amended by Ord. 1998-2, 3/2/1998, § 2; and by Ord. 1999-8, 11/1/1999, § 1]
Any person desiring to make, alter or disconnect any connection with the sewer system shall first apply for and obtain from the Borough a building permit as required by the Burnham Borough Zoning Ordinance [Chapter 27] and in the event that a sewer tap is required shall pay a connection fee of $1,200, all per Resolution adopted by the Burnham Borough Authority, dated October 19, 1999, which resolution is incorporated herein by reference as if fully set forth.
[Ord. 1988-8B, 12/27/1988, § 3]
No person owning any premises connected with the sewer system, or tenant of such premises, shall permit another person or premises to connect with his service line or house drain, except upon written permission from the Borough.
[Ord. 1988-8B, 12/27/1988, § 4]
1. 
Service lines from the curb to the building shall be laid at the expense of the property owner, but shall be subject at all times to the inspection and approval of the Borough or its duly authorized representatives. The service line shall be constructed at the expense of the property owner, and it shall be constructed of either bitumastic-coated service weight hub and spigot cast-iron pipe conforming with ASTM A-74 with lead and oakum joint, or compression type elastomeric gasket joint conforming to ASTM C-564; or polyvinyl chloride pipe, conforming with either ASTM D-1785, Schedule 40 with solvent weld joint, or ASTM D-3034, SDR 35 with rubber gasket joint. The service line shall have permanently tight joints, be laid at a minimum grade of 1/4 inch per foot with the best possible alignment, have a minimum of four feet of cover and have a minimum inside diameter of four inches. The service line shall be provided with a stone bedding consisting of PA No. 1B course aggregate. A minimum of four inches of stone is required underneath the pipe and a minimum of one foot above the pipe.
2. 
At least one vent pipe shall be provided for each building sewer where there are no vent pipes on each plumbing fixture. The terminus of the vent pipe shall be raised at least six inches above the grade of the ground surface, as applicable. The top of the vent shall be covered with a vent screen or hood.
3. 
On house drains a cleanout shall be provided immediately inside the foundation wall and shall be fitted with a gastight lid.
4. 
In the event the Borough does work on a service line between the curbline and the building, the charge for such work shall be divided among all premises connected to the service line in equal shares.
5. 
The provisions of this Section shall not apply to installations made before the enactment of this Part; provided, however, that future repairs or replacements of existing installations shall be made in compliance with these rules and regulations; and, provided, further, that the Borough Council shall have the right at any time in the future upon written notice to the owner or occupier of any premises to require the compliance with the provisions of this Section, in whole or in part, where this action is deemed necessary.
[Ord. 1988-8B, 12/27/1988, § 5]
1. 
It shall be the duty of every person constructing or owning any house drain, soil pipe, waste pipe, vent pipe, plumbing fixtures or any other passage or connection between a sewer and any house, ground, building, erection or establishment and of their agents, servants, plumbers and/or contractors, and in like manner it shall be the duty of owners of all houses, grounds, buildings, erections, establishments and all parties interested therein or there at and of their agents, servants, plumbers and/or contractors, to cause and to require that such house drains, soil pipe, waste pipe, vent pipe, plumbing fixtures and every other passage or connection to the sewer shall be adequate for its purpose, and shall at all times allow to pass freely all material that enters or should enter the same.
2. 
No change of drainage, sewage or the sewer connection of any grounds, house, building, erection or establishment shall be permitted unless prior notice thereof shall have been given the Borough, and assent thereto obtained in writing.
[Ord. 1988-8B, 12/27/1988, § 6]
1. 
Floor drain sewer connections shall be prohibited except where these have been in service prior to the adoption of this Part and then only when it can be shown to the satisfaction of the Borough that their use is absolutely necessary and where such drains are not a source of surface or subsurface water drainage into the sewer system. Where such drains are in use, arrangements shall be made by the owner of the premises to maintain a permanent water seal in the traps and provided with check or back water valves and the plumbing waste pipe therein shall be so connected that the use of fixtures on or above the first floor of said building be not interfered with by the shutting off of said valve.
2. 
A written consent must be received from the Borough before any floor drain may be attached to the house drain.
3. 
No permission for a basement drain shall be granted until the owner of the building or his agent has executed and signed a written agreement upon a form furnished by the Borough releasing the Borough from any damage that may result from the basement being flooded by the stoppage of sewers, which agreement shall be filed with the Borough.
[Ord. 1988-8B, 12/27/1988, § 7]
No connection shall be made after the enactment of this Part which will cause roof water to be discharged into the sanitary sewer system. In cases where roof water is being discharged into the sanitary sewer system prior to the enactment of this Part, the Borough Council shall have the right at any time in the future to require that such roof water be eliminated from discharge into the sanitary sewer system at the expense of the property owner.
[Ord. 1988-8B, 12/27/1988, § 8]
1. 
Traps shall be protected from siphonage or air pressure by special vent pipes. Traps should not be more than approximately 24 inches from the vertical lines serving the trap, and of a size conforming to good practice.
2. 
The provisions of this Section shall not apply to installations made before the enactment of this Part; provided, however, that future repair or replacement of existing installations shall be made in compliance with this Part; and, provided further, that the Borough Council shall have the right at any time in the future upon written notice to the owner or occupier of any premises to require the compliance with the provisions of this Section, in whole or in part, where this action is deemed necessary.
[Ord. 1988-8B, 12/27/1988, § 9]
All hotels, restaurants, boardinghouses and public eating places before discharging waste into said sewer system shall install grease traps on the house drains. These grease traps shall be of an approved make or style and of a size approved by the Borough. Grease traps shall be opened and the grease removed as often as necessary and at least once each month. Grease removed from the traps shall be disposed of in a manner approved by the Borough.
[Ord. 1988-8B, 12/27/1988, § 10]
Suitable, approved traps shall be installed by garages washing, cleaning or repairing automobiles to insure that no inflammable or explosive mixture enters the public sewers. No establishment shall cause or permit to flow into the sewers any substance which may form a deposit in the sewer, injure the sewer in any way or interfere with the operation of the disposal works. No cleaning fluid or inflammable liquids shall be discharged through the sewer system. All establishments discharging matter likely to obstruct the sewers or injure the same or, the disposal works, or to cause a nuisance, shall not connect to any sewer except through one or more intervening treatment devices as may be prescribed by the Borough and if the substance discharged by the establishment cannot, in the opinion of the Borough, be rendered harmless to the sewer or to the disposal works it shall be excluded from the sewer entirely.
[Ord. 1988-8B, 12/27/1988, § 11]
Representatives of the Borough shall have the right of access at all reasonable times to all parts of any premises connected with the sewer system and to examine and inspect the connections thereto and the plumbing fixtures for any improper connection, installation, maintenance or use. The Borough may make reasonable charges for such inspections to users of the sewer system. The Borough also reserves the right of approval of equivalent material or equipment as defined herein.
[Ord. 1988-8B, 12/27/1988, § 12]
1. 
In consideration of the right to connect to the sewer system, the Borough shall not be liable for any damage or expense resulting from leaks, stoppages or defective plumbing or from any other cause occurring to any premises or within any house or building; and it is hereby expressly agreed by all persons making connection with the sewer system that no claim shall be made against the Borough on account of the breaking or stoppage of, or any damage to, any service line or connection when the cause thereof is found to be in such house lateral or connection.
2. 
The Borough shall not be liable for a deficiency or failure when occasioned by an emergency, or repairs or failure for any cause beyond its control.
[Ord. 1988-8B, 12/27/1988, § 13]
The Borough reserves the right to, and may, from time to time, revise, amend and readopt such rules and regulations as it may deem necessary and proper for the use and operation of the sewer system, and all such rules and regulations shall be and become a part of this Part.