[1]
Editor's Note: See also, Part 4, "Sewer Use."
[Ord. 920, 2/15/1997, § 1]
Unless Purpose and Policy the context specifically indicates otherwise, the meaning of terms used in this Part shall be as follows:
AMMONIA-NITROGEN
A form of nitrogen commonly found in wastewater, a compound resulting from the hydrolysis of urea or urine, expressed as NH3-N.
AUTHORITY
The Joint Municipal Authority of Wyomissing Valley or any other governmental entity, including a borough, city, municipal authority, township, or other political subdivision, to which sewage originating in the Borough or flowing through the Borough is discharged.
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C. expressed in milligrams per liter.
BOROUGH
The Borough of Shillington, its employees, and its representatives.
COUNCIL
The group of elected officials acting as the governing body of the Borough of Shillington, it employees, and its representatives.
DISSOLVED SOLIDS
The anhydrous residues of the dissolved constituents in water or wastewater, expressed as D.S.
DOMESTIC SEWAGE
The normal water-carried household and toilet wastes from residences, business buildings, institutions and industrial establishments.
INDUSTRIAL WASTES
The liquid or gaseous substances, whether or not solids are contained therein, discharged into the sewer system which does not constitute domestic sewage.
mg/L
Milligrams per liter.
PERSON
Any individual, firm, company, association, society, corporation or group.
PROPERTY OWNER
A person owning property and served by the Borough's sewer system.
SANITARY SEWER
Any pipe or conduit constituting a part of the sewer system, or usable for sewage collection purposes, which carries sanitary sewage and to which storm, surface and ground waters are not admitted.
SEWAGE
The water-carried wastes from residences, business buildings, institutions, and industrial establishments.
SEWAGE TREATMENT PLANT
An arrangement of processes, devices, and structures used for treating and disposing of sanitary sewage and certain industrial wastes.
SEWER SYSTEM
All facilities, as of any particular time, for collecting, pumping, treating, transporting, or disposing of sanitary sewage and/or industrial wastes.
SUSPENDED SOLIDS
The matter in wastewater that will not stay in suspension during a preselected settling period, such as one hour, but either settles to the bottom or floats to the top, expressed as S.S.
TOTAL SOLIDS
Solids that either float on the surface or are in suspension of dissolved in water, sewage, or other liquids, and which are determined by laboratory analysis.
[Ord. 920, 2/15/1997, § 2]
This Part and any rules or regulations promulgated under it shall be applicable to all persons using the Borough's sewer system.
[Ord. 920, 2/15/1997, § 3]
1. 
Connection to Sewer System. All persons owning houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the Borough and abutting on any street, ally, or right-of-way in which there is now located or may in the future be located a Borough sanitary sewer, shall at his/her expense install suitable toilet facilities and shall connect these facilities directly to the Borough's sewer system.
A. 
Those properties upon which a principal building exists and which are not in compliance with this Part at its effective date will pay a fine established by resolution of Borough Council as penalty for noncompliance with this section.
B. 
Provided, however, that all said properties will be required for be brought into compliance upon the transfer of title of the property or the necessity to perform maintenance of any kind on the existing on-lot septic system. Failure to comply will result in penalties as described in § 18-214.
2. 
Prohibition Against Noncentral Sewage Disposal. 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 sanitary sewage within the Borough unless mandatory connection is not possible.
3. 
Abandonment of Existing On-Lot Systems. All privies, privy vaults, cesspools, septic tanks, and drains shall be abandoned upon connection of the properties to the sewer system and left in a manner that they cannot again be used or injuriously affect the public health.
4. 
Inspection of Abandoned Systems. Privies, privy vaults, cesspools, septic tanks, drains, and polluted wells abandoned and closed shall be subject to inspection by Borough or its authorized representatives and by the appropriate public health authority having jurisdiction. The person upon which any abandoned and closed facility is located shall take remedial action as may be prescribed by the Borough to assure that the closed and abandoned facility will not constitute a hazard to the public health or safety.
[Ord. 920, 2/15/1997, § 4]
1. 
The charge for collection, transporting, and treatment of domestic and industrial sewage discharged into the sewer system shall be computed at rates set from time to time by resolution adopted by the Council.
A. 
Determination of Charges for Industrial Wastes.
(1) 
There shall be additional charges for industrial wastes having total suspended solids, total dissolved solids, BOD and ammonia-nitrogen in excess of the average total suspended solids, total dissolved solids, BOD and ammonia-nitrogen of normal domestic sewage. Normal domestic sewage shall be considered as having the following concentrations:
(a) 
Total suspended solids - 300 mg/L.
(b) 
Total dissolved solids - 500 mg/L.
(c) 
BOD - 200 mg/L.
(d) 
NH3-N - 25 mg/L.
(2) 
To determine the additional charges for concentration of industrial wastes above that of normal domestic sewage, the following formula shall be used:
SQ = 0.00834 QI[ (BOD - 200) $__________ + (S.S. - 300)
$__________ + (D.S. - 500) $__________ + (NH3-N - 25)
$__________].
SQ = Surcharge Quarterly
QI = Quarterly Industrial Flow in Million Gallons
(3) 
The dollar value of the additional charge shall be determined by resolution of Borough Council.
B. 
Time and Method of Payment. All sewer charges shall be due and payable at the same time that water charges are payable. Sewer charges shall be included with water bills and shall be collected at the same time and in the same manner as the charges for water.
C. 
Right to Terminate Water/Sewer Service. If any person served by the Borough shall neglect or fail to pay, for a period of 30 calendar days from the due date of any bill, any charge for sewer, sewage treatment service imposed by the Borough, the Borough shall have the right to shut off the water supply to this person (in accordance with the rules and regulations of the Shillington Municipal Authority) until all overdue charges, together with any penalties and costs for shutting off and restoring the service are paid.
D. 
Property Liens. Sewer charges imposed by this Part shall be a lien on the property connected to and served by the sewer system. Any sewer charges that are delinquent shall be filed as a lien against the property connected to and served by the sewer system. This lien shall be filed in the office of the Prothonotary of Berks County, Pennsylvania, and/or shall be collected in the manner provided by law for the filing and collecting of municipal claims.
[Ord. 920, 2/15/1997, § 5]
1. 
Methods of Measuring Volume.
A. 
Whenever a person purchasing all water used from the Borough discharges domestic sewage to the sewer system, the volume of water purchased shall be used in computing the sewer charge.
B. 
In cases where dwellings and establishments have sources of water supply in addition to or other than Borough water, those dwellings and establishments will be required to provide a meter at their cost and expense on the source of supply. The amount of water consumed as shown by the meter readings will be used in computing the sewer charge.
2. 
Measuring Devices. All meters or other measuring devices required to be used under this Part by the Borough shall be purchased and installed by the person using this service at the person's sole cost and expense. These meters or other measuring devices shall be under the Borough's control, and may be tested, inspected, or repaired by the Borough whenever the Borough deems necessary. The person for the meter or measuring device is installed shall be responsible for maintenance and safekeeping. All repairs shall be made at this person's cost and expense, whether these repairs are made necessary by ordinary wear and tear or other causes. Bills for repairs, if made by the Borough, shall be due and payable by persons responsible for their payment. These bills, from and after their date due, shall constitute a lien upon the property where the meter or measuring device was installed.
3. 
Meter Reading. The Borough shall be responsible for the reading of all meters and measuring devices.
[Ord. 920, 2/15/1997, § 6]
1. 
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any sanitary sewer or appurtenance without first obtaining approval from the Borough.
2. 
Old building sanitary sewers may be used in connection with new buildings only when they are found, on examination and test by the Borough, to meet all the requirements of this Part and the Borough's regulations.
3. 
The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the Borough's Plumbing Code [Chapter 5, Part 2] and/or other applicable rules, regulations, and specifications of the Borough.
4. 
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the sanitary sere, sanitary sewage carried by the building drain shall be lifted by an approved means and discharged to the building sewer.
5. 
All excavations for building sewer installation shall be adequately guarded with barricades and lights to protect the public from hazards. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Borough.
[Ord. 920, 2/15/1997, § 7]
1. 
No person shall place, deposit, or permit to be deposited upon public or private property within the Borough any human or animal excrement or other objectionable waste.
2. 
No person shall discharge to any natural outlet within the Borough any sanitary sewage, industrial waste, or other polluted wastes except where suitable treatment has been provided to the satisfaction of the Borough and the Authority.
3. 
No person shall discharge or causes to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, cooling water, or unpolluted industrial process waters to any sanitary sewer.
4. 
No person shall discharge or cause to be discharged any of the following described waters or wastes to the sewer system:
A. 
Any liquid or vapor having a temperature higher than 150° F.
B. 
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.
C. 
Any garbage that has not been properly shredded.
D. 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance compatible of causing obstruction to the flow in the sewer system or other interference with the proper operation of the sewage treatment plant.
E. 
Any waters or wastes having a pH lower than 4.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the sewage treatment plant.
F. 
Any waters or wastes containing total solids of a character and quantity that unusual attention or expense is required to handle these materials at the sewage treatment plant except as may be approved by the Borough and the Authority.
G. 
Any waters or waste containing a toxic or poisonous substance containing in sufficient quantity to injure or interfere with any sewage treatment process or pass through the sewage treatment plant in the effluent constituting a hazard to humans or animals or create any hazard in the Wyomissing Creek and Schuylkill River in concentrations that exceed the following local limits:
Toxic/Poisonous Substance
Concentration in mg/L
Aluminum
2.0
Arsenic
0.75
Beryllium
0.005
Cadmium
0.650
Chromium
1.0
Copper
1.0
Cyanide
0.75
Iron
5.0
Lead
0.50
Mercury
0.02
Molybdenum
0.20
Nickel
2.0
Oil and grease (animal origin)
100.0
Oil and grease (petroleum origin)
25.0
Phenol
1.0
Selenium
0.140
Silver
0.30
Tin
1.0
Zinc
1.00
H. 
Any waters or waste containing color from any source that contains more than 250 units of color as determined by the Platinum-Cobalt method of determining color in Standard Methods for the Examination of Water and Wastewater.
[Ord. 920, 2/15/1997, § 8]
1. 
Treatment of Industrial Wastes. The Borough may accept those types and quantities of industrial waste that it determines are not harmful or damaging to the structures, processes, or operation of the sewer system and/or sewage treatment plant. Additional charges may be required that must be paid by those persons using and receiving these services.
2. 
Approval Required for Industrial Wastes. To control the admission of industrial wastes, joint approval of the Borough and the Authority in the form of an industrial waste permit shall be required prior to the discharge into the sewer system of water or wastes by any person having any or all of the following:
A. 
A five-day, 20° C. BOD greater than 200 mg/L.
B. 
A suspended solids content greater than 300 mg/L.
C. 
A dissolved solids content greater than 500 mg/L.
D. 
Ammonia nitrogen content greater than 25 mg/L.
E. 
An average daily flow greater than 10% of the sewage treatment plant's capacity.
3. 
Pretreatment.
A. 
Requirements. When required, in the opinion of the Borough and the Authority, any person seeking to discharge a waste to the sewer system deemed unacceptable by the Borough and/or the Authority shall provide at its own cost and expense any preliminary treatment or handling as may be necessary to:
(1) 
Reduce BOD to 200 mg/L, suspended solids to 300 mg/L, dissolved solids to 500 mg/L, and ammonia nitrogen to 25 mg/L.
(2) 
Modify the objectionable characteristics or constituents to come within the maximum limits provided for in this Part, any rules and regulations, or as required by the Borough or the Authority.
(3) 
Control the quantities and rates of discharge of these waters or wastes over a twenty-four-hour day and a seven-day week.
B. 
Plans, Specifications, Etc. Plans, specifications, and any other pertinent information relating to the proposed pretreatment or handling facilities shall be submitted by the person requesting this service for the approval by the Borough and the Authority. No construction of these facilities shall be commenced or discharge of these waters or wastes shall be permitted until written approval is obtained and received from the Borough and the Authority in the form of an industrial waste permit.
[Ord. 920, 2/15/1997, § 9]
1. 
Methods of Measuring Volume.
A. 
Whenever a person purchasing all water used from the Borough discharges only industrial waste to the sewer system, the volume of water purchased shall be used as a measure of the quantity of industrial waste discharged.
B. 
Whenever a person purchasing all water used from the Borough discharges combined domestic sewage and industrial waste to the sewer system, the volume of water purchased chargeable as industrial waste shall be the total volume of water purchased less the volume of water determined to be domestic sewage. The volume of water determined to be domestic sewage shall be determined in either of the following ways:
(1) 
Actual measured flows.
(2) 
By multiplying the average number of employees in the establishment during the preceding billing period by 300 cubic feet.
C. 
To measure the volume of water not discharged into the sewer system, a person may install a water meter at its cost and expense. The water passing through the meter shall be only the water that is not discharged into the sewer system. No sewer charge shall be imposed upon the water passing through this meter and not discharged into the sewer system.
D. 
Whenever a person using a private water supply discharges industrial wastes to the sewer system the charges for the discharge shall be in accordance with § 18-204 of this Part. This person, however, shall install at its cost and expense either a water meter or meters, as may be required by the Borough and/or Authority, to measure the total volume of water used in the industrial plant; or shall install, at its cost and expense, a meter on the sewer line leaving the plant to measure the entire flow of waste discharged to the sewer system. No meter for measurement either of the water or sewage shall be installed until a plan for the installation is submitted to the Borough and the Authority, and approved. All meters or other measuring devices installed or required to be used under this part shall be under the control or the Borough, and may be tested, inspected, or repaired by the Borough whenever it deems necessary. The person for which the meter or measuring device is installed shall be responsible for maintenance and safekeeping. All repairs shall be made at the person's sole cost and expense, whether the repairs are made necessary by ordinary wear and tear or other causes. Bills for these repairs, if made by the Borough shall be due and payable from the person responsible for payment. These bills from and after their due date shall constitute a lien upon the property upon which the meter or measuring device was installed.
E. 
The Borough shall be responsible for the reading of water and/or sewage meters where installed in industrial establishments. Where, in the opinion of the Borough, it is not necessary to install a meter, measurements of the discharge to the sewer system shall be made at appropriate times determined by it. The measurements so made shall be used for determining the sewer charge. Any person dissatisfied with the sewer charge may, at its own cost and expense, install a meter or other measuring device as provided by this section.
[Ord. 920, 2/15/1997, § 10]
1. 
Sampling and Inspection. Industrial wastes being discharged into the sewer system shall be subject to sampling and inspection to be used as basis for determining additional charges due to excessive concentrations of BOD, suspended solids, dissolved solids, ammonia nitrogen, and/or other substances. Sampling and inspection shall be made by the Borough and/or the Authority as frequently as may be deemed necessary. The analysis of the sample so obtained shall be the basis for computing additional charges in accordance with § 18-204 of this Part. The cost of this sampling and testing shall be paid by the person discharging the sanitary sewage. The results of the testing of samples and the findings of inspections made by this person shall be made available to the Borough and the Authority.
2. 
Sampling and Inspection Cost. When required by the Borough and the Authority, the person discharging industrial waste to the sewer system shall at its cost and expense install a suitable control manhole in the building sewer to facilitate observation, sampling, and measurement of the waste. This manhole shall be accessible and safely located. It shall be constructed in accordance with plans approved by the Borough and the Authority. The manhole shall be maintained by the person discharging industrial waste at its cost and expense and shall be accessible at all times to the Borough and/or the Authority.
3. 
Access to Properties. The Borough and/or the Authority shall at all reasonable time be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing.
4. 
Change of Waste Discharged. Any person connected to the sewer system and discharging or proposing to discharge industrial wastes who changes methods of operation to alter the type of sanitary sewage previously discharged, shall notify the Borough and the Authority in writing 30 calendar days prior to the change so that the Borough and the Authority may analyze the sewage immediately prior to the change taking place to determine whether or not the new sewage discharge complies with this Part.
[Ord. 920, 2/15/1997, § 11]
Council may from time to time promulgate or adopt by resolution any rules and regulations it deems appropriate to apply the provisions of this Part.
[Ord. 920, 2/15/1997, § 12]
Should any person fail to refuse upon receipt of written notice from the Borough and/or the Authority to remedy any unsatisfactory condition immediately or within 30 calendar days, then the Borough or the Authority may refuse to permit this person to discharge its sewage into the sewer system until the order of the Borough and/or the Authority shall have been fully implemented.
[Ord. 920, 2/15/1997, § 13]
Either the Borough or the Authority on its own behalf or jointly may enforce this Part's provisions or any rules and regulations promulgated under it.
[Ord. 920, 2/15/1997, § 14; as amended by Ord. 1025, 10/14/2004]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall 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.