[Ord. 1997-2, 7/7/1997, § 48-1]
1.
OCCUPIED BUILDING
PERSON
PROPERTY ACCESSIBLE TO A PUBLIC SEWER
PUBLIC SEWER
SANITARY SEWAGE
SEWER AUTHORITY
As used herein, the following terms shall have the meanings stated:
Each structure for continuous or periodic human occupancy,
from which sanitary sewage is or may be discharged, and includes,
without limiting the generality of the foregoing, dwellings, flats,
apartments, stores, shops, offices and business or industrial establishments.
Any individual, firm, company, association, society, partnership
or corporation.
Property which adjoins, abuts on or is adjacent to a public
sewer, or a street or highway in which a public sewer is located,
but shall not include any property on which the principal occupied
building is located more than 150 feet from a public sewer.
Facilities (including any part of, but not necessarily the
entirety of a system of, such facilities) operated by a sewer authority
for the collection of sanitary sewage within this Borough. Such term
includes lateral lines from a main street to the curb or right-of-way
line where such lateral lines are constructed by a sewer authority.
The normal, water-carried household and toilet wastes resulting
from human occupancy.
Any sewer committee or department of the municipality or
any other agency operating public sewers for or at the request of
Borough Council.
2.
The singular shall include the plural and the masculine shall include
the feminine and the neuter.
[Ord. 1997-2, 7/7/1997, § 48-2]
Upon the completion of any public sewer, the sewer authority
charged with the operation thereof shall cause notice of that fact
to be published once in a newspaper of general circulation in the
municipality, such notice to state that owners of property accessible
to such sewer and upon which there is an occupied building are compelled
to make connection therewith pursuant to this ordinance. A copy of
such notice, together with a copy of this Part and any ordinance then
in effect imposing sewer connection fees and sewer rents, shall be
mailed to each person known to the sewer authority to own property
accessible to such sewer, but failure to mail such copies or defect
in the mailed copies or defect in the mailing thereof shall not affect
the validity of the notice.
[Ord. 1997-2, 7/7/1997, § 48-3]
1.
Any person owning property accessible to a public sewer on which there is an occupied building shall, at this own expense, install sanitary facilities in such building and connect the same to the public sewer within 60 days after publication of the notice of completion of the sewer specified in § 18-102.
2.
Any person owning property accessible to a public sewer on which
there are occupied buildings is hereafter erected shall, at the time
of erection and at his expense, install sanitary facilities in such
building and connect the same to the public sewer.
3.
Persons owning properties accessible to a public sewer on which there
are occupied buildings more than 150 feet from such sewer, and persons
owning properties not accessible to a public sewer who are nevertheless
able to arrange for connections thereto through intermediate properties,
shall be permitted to make such connections.
4.
Exceptions.
[Added by Ord. 2015-3, 2/2/2015]
A.
The provisions of this section shall not apply in cases where the
owner(s) of a property containing one single-family residential structure
(and no structure of any other classification) demonstrate to the
satisfaction of Borough Council that there is a presently existing
and state-approved on-lot septic system serving the property that
is properly functioning.
B.
In cases where the property owner(s) shall have satisfied the Borough Council as set forth in Subsection 4A of this section, the property owner(s) shall, in view of the fact that an opportunity to connect to the public sewer system is existing and available for the property, be required to pay the rental or charge as set forth in § 18-114 in like manner as would be required if the property were connected to the public sewer system; but shall not be required to pay either the connection fee required by § 18-105 or the "treatment charge" required by § 18-121 until such time as the connection becomes mandatory and the treatment function of the public sewer system becomes utilized.
C.
Should it be determined by the Borough Council that the requirements relating to an on-lot septic system set forth in Subsection 4A of this section either: have not been met, or that a once-determined-satisfactory on-lot septic system shall thereafter fail to properly function, the property owner(s) shall then be required to connect the property to the public sewer system and be subject to all the requirements of this Part without consideration for the existence of the on-lot septic system.
D.
It shall be the responsibility of the property owner(s) to provide
to the Borough Council, at the property owner's(s') expense,
with evidence establishing the approved nature and proper functioning
of any on-lot septic system which the property owner(s) desire that
the Borough Council deem satisfactory, and such responsibility will
continue to be applicable should the Borough Council require (in good
faith and at reasonable intervals) that updated information is necessary
to assure that the on-lot septic system has remained properly functioning.
[Ord. 1997-2, 7/7/1997, § 48-4; as amended by Ord. 2015-3, 2/2/2015]
1.
It shall be unlawful for any person owning or occupying a property on which there is a building required to be connected to a public sewer under the provisions of § 18-103 hereof to construct or use on such property any privy, privy vault, cesspool, septic tank or other device for the disposal of sanitary sewage, and any such prohibited devices shall be cleaned and filled in with clean bank-run gravel or dirt within 30 days following the date on which the aforesaid connection is required to be made. Any such privy, privy vault, cesspool, septic tank or other device constructed or used in violation hereof is hereby declared to be a nuisance which shall be abated as provided by law.
2.
The provisions of the preceding Subsection 1 shall not be applicable to any property for which the owner(s) of such property is/are in the process of following the procedure set forth in Subsection 4 of § 18-103 and have provided the Borough Council with written documentation regarding the status of the existing on-lot septic system.
3.
Should the Borough Council determine either: that the existing on-lot
septic system is unsatisfactory, or that a once-determined-satisfactory
on-lot septic system is failing to properly function, then from the
date of such determination, the property shall be subject to all of
the requirements of this Part without consideration of the on-lot
septic system.
[Ord. 1997-2, 7/7/1997, § 48-5]
No connection shall be made to any public sewer except upon
payment of the prescribed connection fee and upon permit issued by
the sewer authority pursuant to rules and regulations regarding connections
promulgated by the sewer authority and approved by Borough Council.
No person shall make any connection with or opening into, use, alter
or disturb any public sewer or appurtenance thereof, without first
obtaining a written permit from the sewer authority.
[Ord. 1997-2, 7/7/1997, § 48-6]
If any person required to make a connection to a public sewer by § 18-103 hereof fails to do so after reasonable notice and opportunity, the sewer authority shall report such failure to Borough Council, who may proceed as permitted by law to enter upon the property, make such connection and collect the cost thereof by municipal lien or otherwise.
[Ord. 1997-2, 7/7/1997, § 48-7]
No unauthorized person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the sewage works. Any
person violating this provision shall be subject to immediate arrest
under charge of disorderly conduct.
[Ord. 1997-2, 7/7/1997, § 48-8]
Any person violating any provision of this Part shall be served
by the sewer authority with written notice stating the nature of the
violation and prescribing a reasonable time limit for the correction
thereof. Any person continuing such a violation beyond such time limit
shall be subject to fine in an amount not exceeding $100 for each
offense. Each separate building or dwelling unit in respect of which
a violation occurs, and each ninety-day period during which a violation
continues, shall be deemed a separate offense.
[Ord. 1997-2, 7/7/1997, § 48-9]
Every property in the Borough of Forty Fort adjoining or abutting
upon any street or alley in which a public sewer is now or shall hereafter
be located, or any property which is improved, accommodated or benefitted
by such sewer, shall be connected with such sewer in such manner and
within such time as the Borough may order, for the purpose of the
discharge of all fecal matter, human excrement, kitchen and laundry
waste and other sewage from such premises, excluding all stormwater.
All such sewage shall, after such connection, be conducted into such
sewer. Every such property shall be connected separately and independently
with the sewer through the house connection branch directly opposite
the building or nearest in the flow direction. Grouping of buildings
upon one house sewer shall not be permitted, except under special
circumstances, and for good sanitary reasons, with special permission
granted by the Borough Council upon recommendation of the Borough
Engineer.
[Ord. 1997-2, 7/7/1997, § 48-10]
If the owner of any property, after 45 days' notice from
the Borough to make connection of such property with a Borough sewer,
shall fail to make such connection, the Borough may make such connection
and may collect the cost thereof from such owner by a municipal claim
or in an action of assumpsit, as provided by law.
[Ord. 1997-2, 7/7/1997, § 48-11; as amended by
Ord. 2009-8, 12/7/2009]
1.
No person shall make or cause to be made any connection of his property
with any of the Borough sewers until he has fulfilled all of the following
conditions:
A.
He shall notify the Borough Council of his desire and intention to
make such connection.
B.
He shall pay a sewer connection fee in an amount as established from
time to time by resolution of Borough Council, which shall be payable
to the Borough for the use of the Borough.
C.
He shall have applied for and obtained a permit to excavate in the
street, in accordance with the Borough ordinance regulating the same.
D.
He shall have given the Borough Secretary at least 24 hours'
notice of the time when such connection shall be made, in order that
the Borough Engineer or his authorized agent can be present to supervise
the work of connection.
[Ord. 1997-2, 7/7/1997, § 48-12]
1.
All work of making connections to any of the Borough sewers shall
be done under the personal supervision of the Borough Engineer or
his authorized agent and shall conform to the following requirements:
A.
All sewer connections shall be made at the place where the "Y" in
the Borough sewer is provided, but if no "Y" is provided in the Borough
sewer, then the property owner making such connection shall, at his
expense, put in the "Y" in making such connection.
B.
All connections made in connection with this chapter shall be made
with PVC SDR 35 pipes with acceptable joints, said pipes to be a minimum
of four inches in diameter.
C.
All joints shall be sealed and made airtight, and shall be made smooth
and clean inside, with all sewers in straight alignment and of proper
grade, so as to provide free flow of sewage matter without any obstructions,
and to be made in accordance with the Borough's specifications
for its sanitary sewers.
D.
All work pertaining to the connection with the Borough's sewers
shall be, financially and otherwise, the responsibility of the owner
of the property with which connection is made, subject to the right
of supervision hereby reserved by the Borough. All properties shall
have installed an outside cleanout pipe located outside the foundation
wall, accessible for cleanout in case of blockage.
[Ord. 1997-2, 7/7/1997, § 48-13]
1.
No person shall connect or cause to be connected with any of the
public sewers in the Borough, directly or indirectly any substance,
material, water or wastes in such quantities or concentrations which
will:
A.
Create a fire or explosion hazard, including gasoline, benzene, naphtha,
fuel oil, or other flammable or explosive liquid, solid, or gas.
B.
Cause corrosive damage or hazard to structures, equipment, or personnel
of wastewater facilities, but in no case, discharges with pH lower
than 5.0.
C.
Cause obstruction to the flow in sewers, or other interference with
the operation of wastewater facilities.
D.
Constitute a rate of discharge or substantial deviation from normal
rates of discharge, sufficient to cause interference in the operation
and performance of facilities.
E.
Cause the temperatures which are high enough to inhibit treatment
processes or operations at the treatment plan.
F.
Contain more than 100 mg/l of nonbiodegradable oils of mineral or
petroleum origin.
G.
Contain floatable oil, fat or grease.
H.
Contain noxious or malodorous gas that creates a public nuisance
or a hazard to life.
I.
Contain radioactive wastes in harmful quantities.
2.
In event any industrial waste is found to have in excess of three
pounds per day suspended solids or 2 1/2 pounds of BOD shall
be subject to surcharge rates as determined by the treatment Authority.
3.
No discharge to facilities containing substances subject to an applicable
federal categorical pretreatment in excess of the quantity prescribed
in such standards except as otherwise provided in this chapter is
allowed.
4.
Nothing in this chapter shall be construed as preventing any agreement
with any user of the wastewater facilities whereby wastewater of unusual
strength is accepted into the system and specially treated subject
to any payments or user charges as may be applicable.
[Ord. 1997-2, 7/7/1997, § 48-14; as amended by Ord. 2015-3, 2/2/2015]
Every owner of real property, whether used for profit or not for profit, and all real-property-tax-exempt entities located within the boundaries of the Borough of Forty Fort utilizing the sanitary sewer system which is operated and maintained by the Borough of Forty Fort shall pay an annual sewer rental or charge to the Borough of Forty Fort. The provisions of this section shall also be applicable to a property whose owner(s) have been permitted to utilize an existing on-lot septic system under Subsection 4 of § 18-103.
[Ord. 1997-2, 7/7/1997, § 48-15]
The owner shall pay an annual sewer rental or charge in an amount
determined by ordinance by Borough Council for each residential individual
dwelling unit. An individual dwelling unit is a private premises contained
in any building under one roof, designed or arranged for occupancy
by households living as families with separate and individual facilities
whether the same be occupied or not.
[Ord. 1997-2, 7/7/1997, § 48-16]
The owner of all real property of service organizations, schools,
churches, and all other nonprofit organizations shall pay an annual
sewer rental or charge in an amount determined by ordinance by Borough
Council.
[Ord. 1997-2, 7/7/1997, § 48-17]
The owner of all commercial or industrial properties shall pay
an annual sewer rental or charge in an amount determined by ordinance
by Borough Council.
[Ord. 1997-2, 7/7/1997, § 48-18; as amended by
Ord. 2010-9, 12/31/2010, § 3; by Ord. 2013-6, 12/16/2013;
by Ord. 2014-4, 12/15/2014 by Ord. No. 2017-10, 12/4/2017; and by
Ord. No. 2018-3, 12/3/2018]
The quarterly sewer rental or charge shall be due and payable
to the sewer rental collector within 60 days from the date of issue,
and a 2% rebate will be allowed on annual said rental paid within
45 days of issue. Alternatively, the option of quarterly payments
due March 31, June 30, September 30, and December 15 for each year
in which case the 2% rebate does not apply. No personal checks will
be accepted after December 15, 2019.
[Ord. 1997-2, 7/7/1997, § 48-19]
1.
The Borough Council shall appoint by resolution, a sewer rental collector,
assistants and employees as may be deemed necessary for collection
of the fee imposed by this chapter. The Borough Council shall by resolution
determine the compensation to be paid to said sewer rental collector
for his services and expenses.
2.
It shall be the duty of the sewer rental collector to accept and
receive payment of this fee and to keep a record thereof.
3.
The sewer rental collector is hereby charged with the administration
and enforcement of this chapter.
[Ord. 1997-2, 7/7/1997, § 48-20; as amended by
Ord. 2009-8, 12/7/2009; by Ord. 2010-9, 12/31/2010, § 3;
by Ord. 2013-6, 12/16/2013; and by Ord. 2014-4, 12/15/2014; by Ord.
No. 2017-10, 12/4/2017; and by Ord. No. 2018-3, 12/3/2018]
In the event said fee under this chapter remains due or unpaid
60 days after the due date above set forth, the sewer rental collector
may sue for the recovery of said fee together with a 10% penalty,
interest charge of 1/2 of 1% per month until said usage and maintenance
fee penalty and interest is paid, applicable collection fee and court
costs. Said sewer rental, penalty, collection fee and costs shall
be a lien on the properties charged with the payment thereof and can
be a lien filed in the nature of a municipal lien. The Borough may
also retain a thirdparty collector to collect said fees. Water
termination procedure for services will also apply to designated customers
in accordance with the laws of the Commonwealth of Pennsylvania and
terms of agreement with a third-party collector for any unpaid and
delinquent sewer service charges.
[Ord. 1997-2, 7/7/1997, § 48-21]
Every owner of real property, whether used for profit or not
for profit, and all real property tax exempt entities located within
the boundaries of the Borough of Forty Fort utilizing the sanitary
sewer system which is operated and maintained by the Borough of Forty
Fort shall pay an annual treatment charge to the Wyoming Valley Sanitary
Authority (WVSA). The WVSA shall establish the charge and shall have
the right to adjust the charge to cover operating costs.
