Borough of Lewistown, PA
Mifflin County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lewistown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building Appeals Board — See Ch. 10.
Building codes — See Ch. 110.
Streets and sidewalks — See Ch. 212.
Zoning — See Ch. 240.
[Adopted 5-6-1942 by Ord. No. 42-6, amended in its entirety 9-22-1972 by Ord. No. 72-19(C) (Ch. 18, Part 1, of the 1986 Code)]

§ 192-1 Short title.

This article shall be known as and may be cited as the "Borough Sanitary Sewer Connection and Use Ordinance."

§ 192-2 Compliance with other ordinances.

This article shall be considered as auxiliary to Chapter 110, Article I, Building, Plumbing, Electrical and Property Maintenance Codes, and the provisions, standards and regulations for the connection with a sanitary sewer or lateral or with a stormwater sewer or lateral, the installation and construction of a sanitary sewer lateral or stormwater lateral, and the addition, alteration, repair or replacement of any existing sewer lateral shall be determined (except as provided in §§ 192-4 to 192-8 of this article) by the Building Code and the Plumbing Code of Chapter 110, Article I, Building, Plumbing, Electrical and Property Maintenance Codes.

§ 192-3 Building Codes, Property Codes and Zoning Code Department.

It shall be the duty of the Building Codes, Property Codes and Zoning Code Department to carry out the functions and purposes of this article. In discharging this duty or in making any inspection which under the provisions of this article the Department may deem necessary to be made, or if the Department deems that conditions or work do not comply with the provisions, standards or regulations of this article or Chapter 110, Article I, Building, Plumbing, Electrical and Property Maintenance Codes, the Department shall have the authority granted and shall follow the procedures in:
A. 
Sections 110-7, 110-8, 110-9 and 110-10 of Chapter 110, Article I, Building, Plumbing, Electrical and Property Maintenances Codes. Because this article is auxiliary to Chapter 110, Article I, the word "work" as used in § 110-8 of that article shall mean "conditions or work" when such construction is necessary to implement this article or its administration.

§ 192-4 Tappage permits.

A. 
Before any person, whether owner, contractor, architect, engineer, agent or employee, shall undertake the work of installing and constructing a sewer lateral which will connect to a sanitary sewer or storm sewer of the Borough, he shall obtain a tappage permit from the Borough Manager or the Building Inspector.
B. 
The Borough Manager or the Building Inspector shall issue a tappage permit upon submission to him of an application and upon approval of the application by the Borough Manager. All applications shall be on a form as may from time to time be required by the Borough and shall be accompanied by the fee required by § 192-8. All applications for a tappage permit shall be accompanied by dimensional plans, detailed specifications and schedules of materials. The plans and specifications shall show the location, size and material of all existing sanitary sewers, stormwater sewers, laterals and drains; the location, size and material of all water supply and gas supply piping; and the location and size of all soil waste and vent lines.
C. 
The circumstances under which a partial refund of the fee for a tappage permit will be made, the expiration of a tappage permit, the revocation of a tappage permit and the exculpation of the Borough and its employees from liability shall be governed by the provisions of § 110-13 of Chapter 110, Article I, Building, Plumbing, Electrical and Property Maintenance Codes.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 192-5 Notice of commencement and completion; inspections.

Not less than 24 hours' notice of the intended start of work under a tappage permit and not less than 24 hours' notice of the contemplated completion of the work shall be given to the Borough Manager or the Building Inspector. No work done under a tappage permit (including the work done by the Borough on that part of the sewer lateral which actually makes the tappage connection to the sewer) shall be closed in, concealed, covered up or put into operation until it has been finally inspected, tested and approved by the Borough Manager or the Building Inspector. The tappage permit holder shall furnish all tools, labor and assistance required for a final inspection and any inspections made during the progress of the work.

§ 192-6 General standards and requirements.

A. 
Prohibited connections with sanitary or stormwater sewers or laterals.
(1) 
After May 6, 1942, no cesspool, septic tank or privy vault shall be constructed on any property within the Borough. No existing cesspool, septic tank or privy vault shall be connected in any manner to any sanitary sewer or stormwater sewer of the Borough or to any sewer lateral. When the use of any existing cesspool, septic tank or privy vault is discontinued, the cesspool, septic tank or privy vault shall be thoroughly cleaned, limed and covered to grade with clean earthfill.
(2) 
No used pipe shall be used for a lateral which will connect to any sanitary or stormwater sewer unless the pipe has been inspected by the Borough Manager or the Codes Enforcement Officer and approved as to conformity with the standards and regulations of the Plumbing Code of Chapter 11, Article I, Building, Plumbing, Electrical and Property Maintenance Codes, and/or Article III, Adoption of Uniform Construction Code, as applicable.
[Amended 6-13-2011 by Ord. No. 2011-5]
(3) 
No stormwater drain, roof water drain, line or lateral shall be connected to a sanitary sewer, lateral or drain; and no sanitary sewer drain, line or lateral shall be connected to a stormwater sewer, lateral or drain.
[Amended 6-13-2011 by Ord. No. 2011-5]
B. 
Prohibited deposits and discharges.
(1) 
No stormwater or roof water, and no groundwater from springs, streams or runs, shall be drained or discharged into a sanitary sewer.
[Amended 6-13-2011 by Ord. No. 2011-5]
(2) 
No ashes, cinders, silt, soil, rubbish, gasoline, automotive or industrial grease, oil or inflammable or explosive or poisonous liquid, and no insoluble material which could obstruct or damage a sanitary sewer or lateral or obstruct or damage the sewage treatment process, shall be deposited, drained or discharged into a sanitary sewer.
(3) 
No ashes, cinders, stones, garbage, rubbish, yard or garden trimmings, gasoline, oil, automotive or industrial grease, or inflammable, explosive, poisonous or pollutant liquid, and no insoluble material shall be deposited, drained or discharged into a stormwater sewer or into the gutters, curbs or inlets which flow or wash into a stormwater sewer.
(4) 
No sewage intended to be collected by a sanitary sewer (that is, sewage which is liquid or soluble waste containing animal or vegetable matter in suspension or solution) and no liquid industrial waste (that is, liquid or soluble waste products from commercial, manufacturing or industrial uses) shall be deposited, drained or discharged into a stormwater sewer.
(5) 
No sewage intended to be collected by a sanitary sewer and no liquid industrial waste shall be run on or into sidewalks, gutters, curbs, streets or alleys or be deposited, drained or discharged on or into the ground.
(6) 
No plumbing fixture, drain, line or appliance which is to receive, drain or discharge sewage (that is, sewage which is liquid or soluble waste containing animal or vegetable matter in suspension or solution) shall drain or discharge sewage or be put into use or operation if no sanitary sewer of the Borough is deemed available under § 192-7A for receiving a connection of the drain system of such plumbing.
(7) 
No stormwater or roof water, and no groundwater from springs, streams or runs, shall be deposited, drained or discharged onto sidewalks. However, such water may be drained or discharged into the gutters of streets or alleys or may be drained or discharged on or into the ground if the water will flow away from the structure or the source of the water will not flow onto adjacent property where it was not wont to flow before and will not cause more water to flow on adjacent property than flowed before.
C. 
Liquid industrial waste. No liquid industrial waste (that is, liquid or soluble waste products from commercial, manufacturing or industrial uses) shall be drained or discharged into a sanitary sewer until it has been determined by the Borough Manager that the introduction of the liquid industrial waste will not obstruct or damage the sanitary sewer or lateral or obstruct or damage the sewage treatment process.
D. 
Sewer laterals; division of work of installation and connection.
(1) 
That portion of a sanitary sewer lateral from the sanitary sewer to the curbline or gutter line of the street or, if the sanitary sewer is located in an alley, that portion of the sanitary sewer lateral from the sanitary sewer to the rear property line or rear lot line shall be provided by the Borough, and all the work of excavating trenches, covering or filling trenches, compacting fill and resurfacing shall be done by the Borough. However, the costs of the labor and materials involved in the work done by the Borough shall be paid by the owner of the building, structure or premises benefited by the lateral. Such costs shall be in addition to the fee for a tappage permit.
(2) 
The remaining portion of the sanitary sewer lateral shall be constructed by the owner at his expense. Trenches dug by the owner or his contractor and which cross the sidewalk (or the space reserved for a sidewalk) shall be protected by the owner or his contractor in such manner as to safeguard users thereof and shall be excavated, covered or filled, compacted and resurfaced in a workmanlike manner, all as more particularly set forth in the ordinance governing excavations across sidewalks. (See Chapter 212, Article I, Street Excavations.)
(3) 
The same rules of this Subsection D shall govern in the case of a stormwater lateral which will be connected to a stormwater sewer.
E. 
Repair of sewer laterals. If any obstruction in, or damage to, a sewer lateral occurs in that portion of the sewer lateral from the sewer to the curbline or gutter line of the street in which the sewer is located or, if the sewer is located in an alley, in that portion of the sewer lateral from the sewer to the rear property line or rear lot line, the work of clearing the obstruction or repairing the damage shall be done by the Borough. However, if it appears that the obstruction or damage was due to the act, omission or neglect of the owner of the building, structure or premises benefited by the lateral, or his family, agents, employees, contractors, tenants, guests or invitees, the costs of the labor and materials involved in the work done by the Borough shall be paid by the owner. If the owner fails or refuses to pay the costs, the Borough may collect the costs from the owner by an action in assumpsit or by a municipal claim filed as a municipal lien.

§ 192-7 Connections to sanitary sewer required; number of connections required.

A. 
Connections.
(1) 
Every plumbing fixture, drain, line or appliance which is to receive, drain or discharge sewage (that is, sewage which is liquid or soluble waste containing animal or vegetable matter in suspension or solution) shall drain or discharge that sewage to a sanitary drain system:
(a) 
Located at or within the building or structure where the plumbing is located; and
(b) 
Connected by a sanitary sewer lateral to a sanitary sewer of the Borough where a sanitary sewer is deemed available.
(2) 
A sanitary sewer of the Borough shall be deemed available if it is located in any street or alley which abuts (as distinguished from being adjacent to) the lot or property on which the building or structure housing the sanitary drain system is or will be located; irrespective, however, of whether the sanitary sewer does in fact extend or project along the street or alley to that point.
B. 
Except as provided by this Subsection B, no separate or detached building or structure which under the provisions of Subsection A has or is required to have a sanitary drain system shall connect that sanitary drain system to, or include it as part of, the sanitary drain system of any other separate and detached building or structure; and the sanitary drain system of each separate and detached building or structure shall be connected to the sanitary sewer by a sanitary sewer lateral which is separate and detached from the sanitary sewer lateral required for any other separate and detached building or structure.
(1) 
Exceptions.
(a) 
The sanitary drain system of a separate and detached private garage (as that phrase is defined by Chapter 240, Zoning);
(b) 
The sanitary drain system of a separate and detached accessory building customarily incidental to a principal building permitted in a residential district under the regulations of Chapter 240, Zoning; or
(c) 
The drain system of a private residential pool, as to which the determination and direction have been made under the circumstances and conditions provided for in § 110-2D, Private Residential Pool Code, of Chapter 110, Article I, of the Code of the Borough, that the drain system discharge into a sanitary sewer, may be connected to the sanitary drain system of the principal building to which the private garage, accessory building or pool is accessory or to the sanitary sewer lateral of that principal building if the private garage, the accessory building or the pool with its accessory fixtures has not more than one flush water closet, one lavatory basin or slop sink, and one bathtub or shower, and if not more than one such connection is made. This exception shall not be applicable to a garage or accessory building which is used or converted for a dwelling or later included in a subdivision or later sold with the result that its ownership is separated from the ownership of the principal building.
(2) 
Special cases.
(a) 
In the case of a two-family duplex house (as that phrase is defined by Chapter 240, Zoning), each side of the house shall be deemed a separate and detached building for the purposes of this article, and one sanitary drain system and one sanitary sewer lateral for each such side shall be required.
(b) 
In the case of a row house (as that phrase is defined by Chapter 240, Zoning), each house in the row shall be deemed a separate and detached building for the purposes of this article and one sanitary drain system and one sanitary sewer lateral for each such house shall be required.
(c) 
In the case of a tourist cabin or court or automobile court or motel (as those phrases are defined by Chapter 240, Zoning), only buildings which are in fact separate and detached shall be deemed to be separate and detached buildings requiring separate and detached sanitary drain systems and separate and detached sewer laterals.
(d) 
In the case of a house trailer lot or mobile home lot in a trailer court or a house trailer or mobile home park (as those phrases are defined by Chapter 240, Zoning), each lot shall be deemed the equivalent of a separate and detached building for the purposes of this article, and one sanitary sewer lateral for each such lot shall be required.
(e) 
In the case of a trailer camp (as that phrase is defined by Chapter 240, Zoning), each campsite for every eight tents, trailers or other temporary shelters, or fraction of eight, shall provide:
[1] 
One enclosed, roofed shelter with not less than one flush water closet, one lavatory basin and one shower for female guests; and
[2] 
One enclosed, roofed shelter with not less than one flush water closet, one lavatory basin and one shower for male guests.
(3) 
The sanitary drain system of one shelter may be connected to the sanitary drain system of the other shelter. However, not less than one sanitary sewer lateral for each campsite for every eight tents, trailers or other temporary shelters, or fraction of eight, shall be required.
C. 
The owner of every building, structure or other premises which is required to have a separate and detached sanitary drain system, and for which such sanitary drain system a sanitary sewer of the Borough is deemed available, shall connect the sanitary drain system, by a sanitary sewer lateral, to the sanitary sewer of the Borough. In any case where a sanitary drain system has not been connected to the sanitary sewer as required by this article, the Borough Manager or the Building Inspector shall give notice of that fact to the owner. The notice shall be in writing; shall identify the building, structure or premises required to have its sanitary drain system connected by a sanitary sewer lateral to the sanitary sewer; and shall cite the provisions of this article which require the connection. The notice shall contain an order that the owner connect the sanitary drain system to the sanitary sewer by a sanitary sewer lateral within such time as the Borough Manager or the Building Inspector deems necessary but in no event within less than 45 days. If the owner fails to make the connection called for by the notice and order, the Borough may install and construct the sanitary sewer lateral, make the connection to the sanitary sewer by tappage, and collect the cost for the work (including the fee for a tappage permit) from the owner by an action in assumpsit or by a municipal claim filed as a municipal lien.

§ 192-8 Fees for tappage permits; change in use or occupancy.

[Amended 12-10-2012 by Ord. No. 2012-10]
A. 
Establishing tapping fee pursuant to Act 57 of 2003, as it may be amended, in accordance with 53 Pa.C.S.A. § 5607, as amended, and in accordance with and as authorized by the Borough Code, 8 Pa.C.S.A. § 2053, Tapping fees. The Borough of Lewistown has performed a study in coordination with Gannett-Fleming, Inc., dated July 2012, to determine the appropriate amount that may be charged as a tapping fee pursuant to Act 57 of 2003, which study is incorporated herein by reference as if fully set forth and a copy of which is on file at the office of the Borough Manager. The Borough of Lewistown's study identifies an equivalent dwelling unit (EDU) as an average residence using 218 gallons per day (gpd). The results of the Borough of Lewistown's study indicate that the Borough of Lewistown could charge a maximum tapping fee of $2,354.22 per EDU, consisting of $1,163.22 as the collection part of the tapping fee and $1,191 as the capacity part of the tapping fee. Accordingly, a tapping fee of $2,000 per EDU is hereby established, as follows, pursuant to Act 57 of 2003, as it may be amended, in accordance with 53 Pa.C.S.A. § 5607, as amended, and in accordance with and as authorized by the Borough Code, 8 Pa.C.S.A. § 2053, Tapping fees:[1]
(1) 
The collection part of the tapping fee shall be set at $809;
(2) 
The capacity part of the tapping fee shall be set at $1,191; and
(3) 
All new users and/or users where there has been a change in use or occupancy requesting sanitary sewer must submit to the Borough of Lewistown for review and acceptance a request for sanitary service, documenting projected sanitary sewer flows and estimated EDUs, for evaluation of pro-ration of the above-referenced tapping fees.
(4) 
The tapping fee so established and calculated shall be in addition to any charges assessed by the Borough of Lewistown in accordance with this chapter and/or as otherwise provided in the Code of the Borough of Lewistown.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Change in use or occupancy. If at any time after a tappage permit has once been issued, there is a change:
(1) 
In the use or occupancy of a building, structure or other premises; or
(2) 
In the number of dwelling units or other unit of measurement on the basis of which the tapping fee for a tappage permit is determined under Subsection A aforesaid; or
(3) 
If the conditions or circumstances on the basis of which the tapping fee for a tappage permit is determined under Subsection A aforesaid, and if such change calls for a tapping fee higher than the fee originally determined under Subsection A aforesaid, as if no change had been made, the difference between the higher fee under Subsection A aforesaid and the lower fee as previously determined under Subsection A shall be paid at the time of the change.

§ 192-9 Board of Building Appeals. [1]

The Board of Building Appeals created under the authority of Chapter 10, Building Appeals Board, of this Code shall have jurisdiction to hear and decide all appeals where it is alleged there is an error in any order, requirement or decision made by the Building Inspector or the Borough Manager in the interpretation or enforcement of this article. The procedure for filing an appeal, the fee for an appeal, the circumstances under which a refund of the fee will be made, the duties, powers and authority of the Board of Building Appeals, and the right to appeal from a decision of the Board of Building Appeals shall be governed by the provisions of Chapter 10, Building Appeals Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 192-10 Amendments.

A. 
Borough Council may from time to time amend, supplement or repeal this article.
B. 
An informative notice of intention to amend, supplement or repeal this article, containing a brief summary setting forth the principal provisions of the proposed change and a reference to the place within the Borough where copies of the proposed change may be examined, shall be published in a daily newspaper of general circulation within the Borough once each week for two consecutive weeks, with intervals of at least six days between each publication. The first publication shall appear not less than eight days nor more than three weeks prior to the meeting at which Council proposes to consider the change, and the second publication shall appear not later than the day prior to the meeting.

§ 192-11 Violations and penalties.

[Added 3-24-1986 by Ord. No. 86-2]
A. 
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this article continues shall constitute a separate offense.
B. 
The imposition of penalties herein provided shall not preclude the Borough from instituting an appropriate action or proceeding to prevent an unlawful installation, connection, construction, addition, alteration, repair, replacement, use, deposit or discharge or to restrain, correct or abate a violation or to prevent any unlawful action, condition or use.
[Adopted 9-30-1980 by Ord. No. 80-4 (Ch. 18, Part 2, of the 1986 Code)]

§ 192-12 Short title.

This article shall be known and may be cited as the "Borough Sewer Rent and Service Charge Ordinance."

§ 192-13 Complementary ordinance.

This article shall be considered as auxiliary and complementary to the Borough Sanitary Sewer Connection and Use Ordinance in Article I of this chapter.

§ 192-14 Definitions.

[Amended 11-15-1983 by Ord. No. 83-6]
A. 
Unless otherwise expressly stated, or unless the context clearly requires a different meaning, the following words and terms, when used in this article, shall have the meanings ascribed to them by this section. When a word or term used in this article is not defined by this section or by any other section of this article, and is not defined in Article I of this chapter or Chapter 240, Zoning, or in any building code or plumbing code adopted by the Borough, the word or term shall have ascribed to it its ordinarily accepted meaning or such as the context may require or imply.
B. 
When not inconsistent with the context, words and terms used in the present tense include the future tense; words and terms in the plural number include the singular number and the converse; and the masculine gender includes the feminine gender and the neuter gender.
C. 
When used in this article, the word "shall" is always mandatory and not merely permissive.
D. 
The phrase "discharges domestic sewage or industrial sewage" shall be construed as if followed by the words "or which reasonably may be expected to discharge domestic sewage or industrial sewage."
E. 
Terms defined. As used in this article, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Lewistown, Mifflin County, Pennsylvania; or the Borough Council of the Borough of Lewistown; or in appropriate cases, the Borough Manager, the Borough Secretary, the Borough Building Codes, Property Codes and Zoning Code Department, or other persons designated by the Borough Council to perform duties under this article.
DOMESTIC SEWAGE
Waste and wastewater from humans or household operations that is discharged or otherwise enters a treatment works.[1]
INDUSTRIAL WASTEWATER
Wastewater generated in a commercial or industrial process.
[2]
MUNICIPAL AUTHORITY
The Municipal Authority of the Borough of Lewistown, Mifflin County, Pennsylvania, a municipal authority which owns and operates a water system which supplies water service to properties in the Borough.
OWNER
Any person who, whether alone or jointly or severally with others:
(1) 
Actually owns a property (that is, has legal title to, or a vested or equitable interest in, the property with or without actual or accompanying possession thereof); or
(2) 
Has charge, care or control of a property, as agent, attorney, manager, operator, receiver, trustee or the like for the owner or as agent, manager, personal representative, trustee or the like for the estate of the owner.
PERSON
Any individual, partnership, association, business firm, charitable organization, profit or nonprofit corporation, government body, government agency, municipal authority, or other entity.
PROPERTY
The lot or parcel of land, and the buildings and structures thereon, owned by an owner.
SANITARY SEWER SYSTEM
A sewer system or part thereof which is specifically designed and intended to carry sanitary sewage as opposed to stormwater.[3]
SEWAGE
A substance that contains waste products or excrement or other discharges from the bodies of human beings or animals and noxious or deleterious substances harmful or inimical to the public health, or to animal or aquatic life, or to the use of water for domestic supply or for recreation. The term includes any substance which constitutes pollution under the Clean Streams Law, 35 P.S. § 691.1 et seq., as it may be amended and supplemented from time to time, and the regulations in relation thereto.
[4]
SEWER SYSTEM
The existing sewage collection, transportation and treatment system owned by the Borough, including all related facilities heretofore acquired and/or constructed or hereafter acquired and/or constructed by the Borough, together with all appurtenant facilities and properties which the Borough has acquired or hereafter shall acquire in connection therewith, including all property, real, personal and mixed, rights, powers, licenses, easements, rights-of-way, privileges, franchises and any and all other property or interests in property of whatsoever nature used or useful in connection with such facilities, and together with all additions, extensions, alterations and improvements which may be made or acquired from time to time. As of any particular time, the "sewer system" means the aforesaid facilities and all property, real, personal and mixed, rights, powers, licenses, easements, rights-of-way, privileges, franchises and any and all other property or interests in property of whatsoever nature used or useful in connection with such facilities and capital additions (including property in the nature of capital additions acquired or constructed from funds wholly or partially contributed or advanced by users, developers and other persons) acquired, owned, made or constructed by or for the Borough; and the "sewer system," without intending to limit the generality of the foregoing as of any particular time, shall include all buildings, machinery, mains, conduits, sewers, pipes, pipelines, interceptor lines, outfall lines, trunk lines, service lines, sewer plants and systems, sewage collection, transportation and treatment systems and facilities, tanks, shops, pumping stations, ejector stations, force mains, fixtures, engines, boilers, pumps, meters and other equipment, all personal property and all franchises, land, rights-of-way, privileges, easements, licenses, rights and any other interests in real property, all of the foregoing being owned by the Borough and used or useful in connection with the collecting, transporting, pumping, treating and/or disposing of sewage.
[5]
WATER SERVICE LINE
The waterline from a water main of the Municipal Authority, or from any other source of water supply, to the point on or in the property where the water distribution system of the property begins; and the waterline on which a water meter is placed to measure the volume of the water supplied.
WATER USER UNIT
A dwelling unit, commercial unit, institutional unit, manufacturing unit, agricultural unit, or the like which is supplied with water from a water service line and which is used or occupied (or is intended or designed to be used or occupied) separately and distinctly from any other unit which is supplied with water from the same water service line.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 192-15 Examples.

The following examples employ the definitions of owner, property and water user unit and illustrate how the number of water user units on or in the property is determined.
A. 
A single-family dwelling house has one water service line to the house. Accordingly, there is one water user unit on the property.
B. 
Each side of a two-family duplex house (a structure with one family on each side of the common center wall or party wall of the structure) is owned by the same owner. One water service line to the structure supplies water to both sides of the structure. Accordingly, there are two water user units on the property.
Each side of a two-family duplex house is owned by different owners. Each side of the duplex house has a water service line which supplies water to that side. Accordingly, there are two separate properties with one water user unit on each property.
C. 
An apartment building has 12 rental dwelling units, all of which are supplied with water from the same water service line to the building. Accordingly, there are 12 water user units in the building.
An apartment building has 12 rental dwelling units, five of which are supplied with water from one water service line to the building and seven of which are supplied with water from another water service line to the building. Accordingly, there are twelve water user units in the building.
D. 
The owner of a three-story commercial building leases the first floor for a furniture store, the second floor for a dentist's office and a photography studio, and the third floor for two apartments. One water service line to the building supplies the water for all five units. Accordingly, there are five water user units in the building.

§ 192-16 Imposition of sewer rent.

There is hereby imposed upon the owner of each property which is located in the Borough and which discharges domestic sewage or industrial sewage into a sanitary sewer of the Borough a quarterly sewer rent — calculated under § 192-17 — for the collection and treatment by the Borough of the domestic sewage or industrial sewage which is discharged from the property into the sanitary sewer of the Borough.

§ 192-17 Calculation of sewer rent.

[Amended 11-15-1983 by Ord. No. 83-6; 2-23-1987 by Ord. No. 87-2; 2-11-1991 by Ord. No. 91-2; 1-27-1992 by Ord. No. 92-1; 1-10-1994 by Ord. No. 1994-2; 1-8-1996 by Ord. No. 1996-2; 1-17-2000 by Ord. No. 2000-2; 1-18-2001 by Ord. No. 2001-2]
A. 
Quarterly sewer rent.
(1) 
The quarterly sewer rent for the collection and treatment of domestic sewage or industrial sewage shall be calculated on the basis of the number of gallons of metered water supplied per quarter to the property, and the number of water user units on or in the property in accordance with the following step schedule:
[Last amended 1-13-2014 by Ord. No. 2014-2]
Step 1. Calculation for the number of gallons of metered water supplied per quarter to the property.
Gallons of metered water supplied per quarter
Rate
0 to 6,000
(A)
$62.31 flat rate (and the minimum sewer rent payable)
6,001 to 21,000
(B)
$62.31, plus $9.80 for each 1,000 gallons of water, or part thereof, between 6,001 gallons and 21,000 gallons
In excess of 21,000
(C)
$62.31, plus (B), plus $6.12 for each 1,000 gallons of water, or part thereof, in excess of 21,000 gallons
Step 2. Calculation for the number of water user units on or in the property. (Number of water user units on or in the property less 1) multiplied by $41.82.
Step 3. Quarterly sewer rent equals calculation in Step 1 plus calculation in Step 2.
(2) 
The rates set forth in Step 1 and Step 2 (which are increases in the rates established by Ordinance No. 1987-2, which were increases in the rates established by Ordinance 1980-4) were established on December 26, 1990 by the Borough Council in accordance with the principles of the "Sewer Rent Analysis Report" approved and adopted by the Borough Council on August 18, 1980, and incorporated in and made a part of this article as Appendix A.[1]
[1]
Editor's Note: The Report referred to as Appendix A is not included in the Code but can be examined in the office of the Borough Secretary.
(3) 
The Sewer Rent Analysis Report was based on those principles for determining sewer system user charges prescribed by the regulations and guidelines issued by the United States Environmental Protection Agency (EPA) and on what the empirical data developed by the Borough and the engineering research undertaken by the Borough showed were the reasonable charges to be imposed for the sewage collection service afforded by the Borough's sewer collection system and the sewage treatment service afforded by the Borough's sewage treatment plant, taking into account, among other matters: the estimated annual operation and maintenance expenses (including replacement costs) attributable to the Borough's sewage treatment plant for the treatment of sewage generated in the Borough; the annual amount required to repay the Borough's share of the indebtedness incurred in the construction and improvement of the sewage treatment plant; the estimated annual, operation and maintenance expenses attributable to the Borough's sewer collection system for the collection of sewage generated within the Borough; and the estimated annual administration costs attributable to the business operations and management of the Borough's sewer system.
B. 
For the purpose of determining what water is deemed to be supplied to a property, how the volume of that water is to be measured, and how water meters are to be installed and maintained, the regulations which are set forth in §§ 192-19 and 192-20 shall apply.
C. 
Except for those readings of water meters which are made by the Municipal Authority and furnished to the Borough for purposes of calculating the quarterly sewer rent, readings of water meters shall be made by the Borough, or by a person designated or approved by the Borough, not more than 10 business days prior to the close of the quarter for which the quarterly sewer rent is to be calculated.
D. 
Capital payments (industrial cost recovery payments for the discharge of industrial sewage into the Borough's sewer system) are to be distinguished from sewer rent and strength of waste surcharge.
(1) 
The Borough requires that, as one of the conditions precedent to the issuance by it of a certificate of approval to discharge industrial sewage into a sanitary sewer, the owner of the activity or use which will generate the industrial sewage, or the owner of the property on which the activity or use will be located, shall agree to make such capital payments as and when the same may be required by the Borough or by any state or federal law or by any regulation or agency order issued pursuant to such law. Such capital payments are most commonly known as "industrial cost recovery payments" and most frequently are prescribed by federal law and the implementing regulations or agency orders issued by the United States Environmental Protection Agency (EPA). Under certain circumstances, industrial cost recovery payments may be prescribed for an activity or use which discharges only sanitary sewage.
(2) 
In cases where industrial cost recovery payments are imposed, the industrial cost recovery payments to be made are to be made in addition to the quarterly sewer rent prescribed by this § 192-17 and the quarterly strength of waste surcharge prescribed by § 192-18. Usually there is a written agreement (between the owner of the activity or use and the owner of the property on which the activity or use is located, as the first party, and the Borough, as the second party) which fixes a schedule for amortizing the industrial cost recovery payments and requires that the owner or obligor furnish surety, or collateral, as security for the payments. Such industrial cost recovery agreements fall within the scope and purpose of § 192-22.

§ 192-18 Imposition of strength of waste surcharge.

[Amended 11-15-1983 by Ord. No. 83-6]
A. 
In addition to the quarterly sewer rent imposed upon an owner of property under § 192-16 and calculated in accordance with § 192-17, there is hereby imposed upon the owner a quarterly strength of waste surcharge for the treatment by the Borough of domestic sewage or industrial sewage which is discharged from the property into a sanitary sewer of the Borough and which has a concentration greater than:
(1) 
Two hundred fifty milligrams per liter for BOD/5 (average five-day biochemical oxygen demand); and/or
(2) 
Two hundred fifty milligrams per liter for SS (suspended solids content).
B. 
The strength of waste surcharge shall be determined in accordance with the following schedule:
(1) 
Two one-thousandths (0.002) of the quarterly sewer rent multiplied by the number of milligrams per liter by which the BOD/5 exceeds 250 milligrams per liter; plus
(2) 
One one-thousandth (0.001) of the quarterly sewer rent multiplied by the number of milligrams per liter by which the SS exceeds 250 milligrams per liter.
C. 
Unless otherwise agreed between the Borough and the owner upon whom the strength of waste surcharge is imposed, the strength of waste data which are used for determining the average five-day biochemical oxygen demand (BOD/5) and the suspended solids content (SS) shall be established at least once each calendar year by the Borough in any one of the following ways:
(1) 
From tests conducted on twenty-four-hour composite samples and collected at the sewage treatment plant, or collected at the site of the activity or use which generates the sewage having the excess strengths, for three consecutive days during a period when the activity or use generating the excess strengths is in normal operation.
(a) 
The costs of collecting the samples and conducting the tests made by the Borough shall be borne by the owner upon whom the strength of waste surcharge is imposed. However, the owner shall have the right to verify any test made by the Borough, by concurrently and independently testing a portion of any sample being tested by the Borough.
(b) 
All samples shall be collected and all tests shall be conducted by the Borough — and by the owner, if the owner wishes to verify the Borough's tests — in accordance with the procedures prescribed in the latest edition of "Standard Methods for the Examination of Water and Wastewater" published jointly by the American Public Health Association, the American Water Works Association and the Water Environmental Federation.
(2) 
From known relationships of the kind of sewage generated or the kind of sewage produced to strength of waste — for those activities or uses where the relationships have been established; or
(3) 
From estimates made by the Borough.
D. 
At the request of the Borough, the owner of a property which discharges, or which the Borough reasonably believes is discharging, sewage in a concentration described in Subsection A of this section shall furnish the Borough with such information as the Borough reasonably believes it requires in order to determine the existence of the concentration, the strength of the concentration, or the calculation of the surcharge. The costs of collecting such information shall be borne by the owner.

§ 192-19 Metered water supply.

[Amended 11-15-1983 by Ord. No. 83-6]
A. 
The determination of the number of gallons of metered water supplied per quarter to a property shall be the first step in calculating the quarterly sewer rent prescribed by § 192-17.
B. 
Except as provided in § 192-21A and in Subsection C below, the following rules shall apply in determining what water is deemed to supply a property and how the volume of that water is to be measured for the purpose of making the Step 1 calculation prescribed by § 192-17:
(1) 
Every water service line which enters the property shall be deemed to be a water supply, irrespective of whether the actual supplier of the water is the Municipal Authority, a private water company, or the owner or occupant of the property, and irrespective of whether the actual source of the water is the Municipal Authority's waterworks, a private waterworks, a stream, a creek, a well, a cistern, or the like.
(2) 
Each such water service line shall be equipped with a water meter which meets the standards of § 192-20.
(3) 
The sum of the readings from all the meters required by Subsection B(2) shall be the measurement of the volume of the water supplied to the property for the purpose of making the Step 1 calculation prescribed by § 192-17.
C. 
Exceptions to Subsection B.
(1) 
A water service line which enters a property shall not be deemed to be a water supply which is required to be equipped with a water meter under Subsection B(2) if no part of the water from the water service line will ever reach, or be discharged into, a sanitary sewer of the Borough because the water is entirely consumed or used in the operations or processes of the activity or use located on the property.
(2) 
In cases where a part of the water from those water service lines which are required to be equipped with water meters will never reach, or be discharged into, a sanitary sewer of the Borough because the water is partially consumed or used in the operations or processes of the activity or use located on the property, the volume of water to be measured for the purpose of making the Step 1 calculation prescribed by § 192-17 shall be: the sum of the readings from all the meters required under the provisions of Subsection B less the volume of the water which is partially consumed or used in the operations or processes of the activity or use. Unless otherwise agreed between the Borough and the owner of the property, the volume of water which is partially consumed or used in the operations or processes of an activity or use may be established by the Borough in any one of the following ways:
(a) 
From readings of water meters which are installed by the owner of the property or by the owner of the activity or use to measure the volume of water which is partially consumed or used in the operations or processes of the activity or use;
(b) 
From the known relationship of the volume of water consumed or used in the operations or processes of the activity or use to the total volume of water supplied to the activity or use, in those activities or uses where the relationship has been established by engineering procedures or by accepted empirical data; or
(c) 
From estimates made by the Borough.

§ 192-20 Standards for water meters and installation and maintenance of meters.

A. 
In the case where a water service line is required to be equipped with a water meter under the provisions of § 192-19B and the water service line is connected to a water main of the Municipal Authority, the Municipal Authority shall:
(1) 
Determine the type and size of the water meter to be installed and the location on the water service line where the meter is to be installed; and
(2) 
Furnish, install and set the meter at the expense of the owner of the property or at the expense of the Authority, as the Authority shall determine.
B. 
Source of water other than Authority.
(1) 
In the case where a water service line is required to be equipped with a water meter under the provisions of § 192-19B and the water service line is connected to some source of water supply other than a water main of the Municipal Authority, the Borough shall:
(a) 
Determine the type and size of the water meter to be installed and the location on the water service line where the meter is to be installed; and
(b) 
Furnish, install and set the meter at its expense.
(2) 
However, the Borough's obligation under this Subsection B to furnish and install a water meter at its expense shall be limited to one meter. If under the provisions of § 192-19B more than one meter is required for the property, the additional water meters shall be furnished, installed and set at the expense of the owner of the property.
C. 
In the case where a water meter is to be installed under the provisions of § 192-19C(2) for the purpose of measuring the volume of water which is partially consumed or used in the operations or processes of an activity or use, the Borough shall determine the type and size of the water meter to be installed and the location where the meter is to be installed. The water meter, however, shall be furnished, installed and set at the expense of the owner of the property or the owner of the activity or use, as they may agree.
D. 
A water meter furnished by the Municipal Authority shall at all times remain the property of the Municipal Authority, and a water meter furnished by the Borough shall at all times remain the property of the Borough. If a water meter has been furnished by the Municipal Authority or by the Borough, the owner of the property for which the water meter was furnished shall be responsible for protecting the meter from damage or theft. If the meter is damaged or stolen, the costs of the labor and materials involved in repairing or replacing the meter shall be paid by the owner of the property.
E. 
If a water meter has been furnished by the owner of a property or by the owner of an activity or use on the property, it shall be the responsibility of that owner to keep the meter in accurate working condition and bear the risk of damage or theft of the meter.

§ 192-21 Absence of accurate meter; tests of meters.

A. 
In any case where a water service line is required to be equipped with a water meter under the provisions of § 192-19B and the owner of the property for which the water meter is required does not permit the Municipal Authority or the Borough, as the case may be, to install a water meter which it is the responsibility of the Authority or the Borough to install, or does not install a water meter which it is the responsibility of the owner to install, or does not have a malfunctioning water meter repaired, or does not replace a damaged or stolen water meter, the Borough (after taking into account the volume of water which was likely supplied to the property) may calculate such sewer rent under § 192-17 as it deems to be reasonable under the circumstances of the case.
B. 
In any case where a water meter fails to register accurately, the Borough (after taking into account the volume of water which was likely supplied to the property) may calculate such sewer rent under § 192-17 as it deems to be reasonable under the circumstances of the case.
C. 
It shall be the responsibility of the owner of a property to notify the Municipal Authority and the Borough promptly of any malfunction, damage or theft of a water meter on the property.
D. 
Tests of water meters. Tests of water meters which are the property of the Municipal Authority shall be made in accordance with the procedures, and any applicable schedule of charges, prescribed by the Municipal Authority's regulations. Tests of all other water meters shall be made by a person designated or approved by the Borough, with any charges for a test to be borne by the person requesting the test or ordered to have the test made.

§ 192-22 Separate agreements with respect to rents, surcharges and other matters.

[Amended 11-15-1983 by Ord. No. 83-6; 3-24-1986 by Ord. No. 86-2]
Nothing in this article or in Article I of this chapter shall be deemed to prohibit the Borough from entering into, and the Borough hereby reserves the right to enter into, a separate agreement with any person with respect to sewer rent, strength of waste surcharge or any other matter governed by this article or Article I of this chapter in those cases where the making of the agreement is deemed by the Borough to be necessary or beneficial to the business operations of its sewer system and not to be contrary or detrimental to the public interest, in those cases where, due to capital contributions or capital payments made by the person, substantial, seasonal fluctuations in the volume of sewage discharged; substantial, seasonal fluctuations in the strength of the waste discharged; direct consumption of water in an activity or use; a substantial and demonstrable part of the water is not discharged into a sanitary sewer of the Borough, or other unusual circumstances, the literal or strict application of the standards or provisions of this article or Article I of this chapter would produce an inequitable result, which would thereby cause unnecessary or substantial hardship, but with the making of an agreement the spirit of this article or Article I of this chapter can be observed and substantial justice done.

§ 192-23 Billing.

A. 
The quarterly sewer rent imposed upon the owner of a property under § 192-16, together with any quarterly strength of waste surcharge imposed upon the owner under § 192-18, shall be billed to the owner by the Borough after the close of the quarterly service period for the sewer service billing district in which the property is located.
B. 
Reductions in rent.
(1) 
In the case where, during a quarterly service period:
(a) 
A property receives or installs its first water service line or a property makes its first connection to a sanitary sewer of the Borough;
(b) 
A property discontinues its discharge of sewage to a sanitary sewer of the Borough;
(c) 
The water service or water supply for a property is discontinued or terminated and, by necessary implication, no sewer service is provided for the property; or
(d) 
A lease, conveyance or other disposition or transfer results in a new person becoming the one to whom bills for sewer rent are to be rendered, the Borough may adjust the bill for sewer rent by computing the bill on the basis of the following principles:
[1] 
If 6,000 gallons or less of metered water were supplied to the property, the bill may be computed as: 1/3 or 2/3 of the flat rate minimum charge prescribed by Step 1(A) of § 192-17A, plus 1/3 or 2/3 of the Step 2 calculation of § 192-17A — the use of the fraction 1/3 or 2/3 to depend on whether sewer service was furnished for only one month or two months during the quarterly service period.
[2] 
If 6,001 gallons or more of metered water were supplied to the property, the bill may be computed as: the rate determined under Steps 1 (A), (B) and (C) of § 192-17A, plus 1/3 or 2/3 of the Step 2 calculation of § 192-17A — the use of the fraction 1/3 or 2/3 to depend on whether sewer service was furnished for only one month or two months during the quarterly service period.
(2) 
When sewer service is furnished for a property for 15 days or more in a calendar month, such period of service (even though it is not a full month) shall be deemed to be a full month of service for that property.

§ 192-24 Billing to tenant.

[Amended 11-15-1983 by Ord. No. 83-6; 3-25-1991 by Ord. No. 91-4; 9-28-2009 by Ord. No. 2009-5]
At the written request of the owner and the tenant of a property or where the terms of a written lease agreement expressly or impliedly require the tenant to pay the sewer rent (and the strength of waste surcharge, if applicable), the Borough, as a matter of accommodation, may render its bills to the owner's tenant if the Borough Manager determines that it is administratively convenient for the Borough to do so. However, payment of the sewer rent (and the strength of waste surcharge, if applicable) shall at all times remain the obligation of the owner of the property, and for that obligation the owner shall always be ultimately liable.

§ 192-25 Time of payment of bills; penalty for delinquency; remedies.

[Amended 11-15-1983 by Ord. No. 83-6; 3-25-1991 by Ord. No. 91-4]
A. 
Except for a bill rendered to the United States, the Commonwealth of Pennsylvania, a municipality, a municipal authority or a school district, or any department or agency thereof, a bill shall be payable at face within 20 days after the date the bill is mailed. If the bill is not paid in full within the 20 days, it shall be delinquent and a penalty of 10% of the face amount of the bill shall be added to the amount unpaid.
B. 
A bill rendered to the United States, the Commonwealth of Pennsylvania, a municipality, a municipal authority or a school district, or any department or agency thereof, shall be payable at face within 60 days after the date the bill is mailed. If the bill is not paid in full within the 60 days, it shall be delinquent and a penalty of 10% of the face amount of the bill shall be added to the amount unpaid.
C. 
If the last day when a bill is payable at face (the 20th or 60th day after the date the bill is mailed, as the case may be) falls on a Saturday, Sunday or holiday, the last day for paying the bill at face (and thus avoiding the penalty for delinquency) shall be the next succeeding business day.
D. 
Timeliness of payments made by mail. A payment in the face amount made by mail will be accepted at face, provided the envelope containing the payment bears a postmark date which is within the period during which the bill is payable at face.
E. 
In the case where a bill is rendered to a tenant under the provisions of § 192-24 and the bill, together with the penalty for delinquency, is not paid by the tenant within five days after the bill becomes delinquent, a written notice shall be mailed to the owner stating that the owner is to make payment within 10 days after the date of the notice.
F. 
Actions to collect.
(1) 
If a bill, together with the penalty for delinquency, is not paid in full within 35 days after the bill becomes delinquent — or within 35 days after the date by which the owner was to make payment, if the case is one which is within the scope of Subsection E above — the Borough may:
(a) 
Take the action authorized by the Act of 1949, P.L. 482, as amended, (53 P.S. § 3102.502) and terminate sewer service by shutting off the water supply; and[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
Collect the bill, together with the penalty for delinquency, by an action in assumpsit or by a municipal claim filed as a municipal lien.
(2) 
Sewer service shall be resumed by the Borough only upon payment in full to the Borough of all delinquent bills; all penalties for delinquency; all costs and expenses incurred by the Borough in shutting off the water supply or having the Municipal Authority shut off the water supply; all interest, fees and court costs attributable to a judgment obtained in an action in assumpsit or to a claim filed as a municipal lien; and a ten-dollar administrative charge for resumption of sewer service.

§ 192-26 Mailing address for bills; failure to receive.

A. 
It is the responsibility of the owner of a property to notify the Borough of the address to which bills to the owner are to be mailed and any change in that address. In the absence of a current mailing address for the owner, the Borough may use the last known address shown in the records of the Borough Secretary or the Borough Tax Collector.
B. 
Failure to receive a bill shall not be considered an excuse for nonpayment or a reason to abate any penalty or extend the time during which the bill is payable at face.

§ 192-27 Right of entry.

A. 
The Borough Manager, the Borough Secretary, the Borough Building Codes, Property Codes and Zoning Code Department, and any other persons designated by the Borough Council as its duly authorized agents are hereby authorized, upon presenting proper identification, to enter any property for the purposes of:
(1) 
Reading those water meters which establish the basis for calculating the quarterly sewer rent prescribed by § 192-17.
(2) 
Inspecting those water meters and, except for water meters which are the property of the Municipal Authority, testing those water meters.
(3) 
Obtaining information necessary for determining the number of water user units on or in the property.
(4) 
Inspecting and collecting samples which establish the basis for calculating the strength of waste surcharge prescribed by § 192-18.
(5) 
Making any other inspection or test, or obtaining any other information, which the Borough deems necessary be made or obtained in order to ensure that compliance is had with the provisions, standards and schedules of this article.
B. 
When entering a property for a purpose set forth in Subsection A(2), (3), (4) or (5), as distinguished from entering the property for the mere purpose of reading a meter, the Borough staff member or agent shall follow the procedures set forth in § 110-7C and D of Chapter 110, Article I, Building, Plumbing, Electrical and Property Maintenance Codes.
C. 
In all cases, however, the times of day and the days when a property may be entered shall be governed by § 110-7B of Chapter 110, Article I, Building, Plumbing, Electrical and Property Maintenance Codes.

§ 192-28 Interpretation.

In the interpretation of the provisions, standards and schedules of this article, the provisions, standards and schedules shall be held to be the minimum provisions, standards and schedules necessary for ensuring that each property in the Borough which is served by the Borough's sewer system pays a fair, proportionate share of the capital, operational and maintenance costs incurred by the Borough in owning and operating its sewer system; ensuring that the fiscal operations of the Borough's sewer system are put on a prudent, nonprofit business basis; and ensuring that the public interest and welfare are promoted by providing an essential public health service at a reasonable and affordable charge.

§ 192-29 Effective date.

This article shall take effect on October 1, 1980, and the first quarterly service period for which the quarterly sewer rent prescribed by § 192-17 and the quarterly strength of waste surcharge prescribed by § 192-18 shall be imposed shall be the quarterly service period from October 1 to December 31, 1980.