Borough of South Waverly, PA
Bradford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of South Waverly as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Authority — See Ch. 80.
Sewer fees and rentals — See Ch. 426.
[Adopted 4-23-1990 by Ord. No. 4-23-90 (Ch. 112, Art. I, of the 1992 Code)]
A. 
This article shall be known and may be cited as a "Sewage Management Program" for South Waverly Borough.
B. 
As mandated by the municipal codes, the Clean Streams Law (35 P.S. § 691.1 to 691.1001) and the Pennsylvania Sewage Facilities Act (Act of January 24, 1966, P.L. 1535 as amended, 35 P.S. § 750.1 et seq., known as "Act 537"), municipalities have the power and the duty to provide for adequate sewage treatment facilities and for the protection of the public health by preventing the discharge of untreated or inadequately treated sewage. The Official Sewage Facilities Plan for South Waverly Borough indicates that it is necessary to formulate and implement a sewage management program to effectively prevent and abate water pollution and hazards to the public health caused by improper treatment and disposal of sewage.
C. 
The purpose of this article is to provide for the inspection, maintenance and rehabilitation of on-lot sewage disposal systems; to further permit the municipality to intervene in situations which are public nuisances or hazards to the public health; and to establish penalties and appeal procedures necessary for the proper administration of a sewage management program.
As used in this article, the following terms shall have the meanings indicated:
ACT 537
The Act of January 24, 1966, P.L. 1535 as amended, 35 P.S. § 750.1 et seq., known as the "Pennsylvania Sewage Facilities Act."
AUTHORIZED AGENT
A certified sewage enforcement officer, Code Enforcement Officer, professional engineer, plumbing inspector, municipal secretary or any other qualified or licensed person who is delegated by the municipality to function within specified limits as the agent of the municipality to carry out the provisions of this article.
CODE ENFORCEMENT OFFICER (CEO)
An individual employed by the municipality to administer and enforce other ordinances in the municipality.
COMMUNITY SEWAGE SYSTEM
Any system, whether publicly or privately owned, for the collection of sewage from two or more lots, and the treatment and/or disposal of the sewage on one or more lots or at any other site.
COUNCIL
The Council of the Borough of South Waverly, Bradford County, Pennsylvania.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania (DEP).
INDIVIDUAL SEWAGE SYSTEM
A system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into any waters of this commonwealth.
MALFUNCTION
The condition which occurs when an on-lot sewage disposal system discharges sewage onto the surface of the ground, into groundwaters of this commonwealth, into surface waters of this commonwealth, backs up into the building connected to the system or otherwise causes a nuisance hazard to the public health or pollution of ground- or surface water or contamination of public or private drinking water wells. Systems shall be considered to be "malfunctioning" if any of the conditions noted above occur for any length of time during any period of the year.
MAYOR
The Honorable Mayor of South Waverly Borough, Bradford County, Pennsylvania.
MUNICIPALITY
South Waverly Borough, Bradford County, Pennsylvania.
OFFICIAL SEWAGE FACILITIES PLAN
A comprehensive plan for the provision of adequate sewage disposal systems, adopted by the municipality and approved by the Pennsylvania Department of Environmental Protection, as described in and required by the Pennsylvania Sewage Facilities Act.[1]
ON-LOT SEWAGE DISPOSAL SYSTEM
Any system for disposal of sewage involving pretreatment and subsequent disposal of the clarified sewage into the soil for final treatment and disposal; including both individual sewage systems and community sewage systems.
PERSON
Any individual, association, public or private corporation for profit or not for profit, partnership, firm, trust, estate, department, board, bureau or agency of the commonwealth, political subdivision, municipality, district, authority or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. Whenever used in any clause prescribing and imposing a penalty or imposing a fine or imprisonment, the term "person" shall include the members of an association, partnership or firm and the officers of any local agency or municipal, public or private corporation for profit or not for profit.
REHABILITATION
Work done to modify, alter, repair, enlarge or replace an existing on-lot sewage disposal system.
REPLACEMENT AREA
A portion of a lot or a developed property, sized to allow the installation of a subsurface sewage disposal area, which is reserved to allow that installation in the event of the malfunction of the originally installed on-lot sewage disposal system.
SEWAGE
Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious substances being harmful or inimical to the public health, or to animal or aquatic life, or to the use of water for domestic water supply or for recreation or which constitutes pollution under the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law," as amended.[2]
SEWAGE ENFORCEMENT OFFICER (SEO)
The official of the local agency who issues and reviews permit applications and conducts such investigations and inspections as are necessary to implement Act 537 and the rules and regulations promulgated thereunder.
SEWAGE MANAGEMENT DISTRICT
Any area or areas of a municipality for which a sewage management program is recommended by the municipality's adopted Act 537 Official Sewage Facilities Plan. A "sewage management district" may encompass the entire municipality.
SEWAGE MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements encompassing the requirements of this article and other administrative requirements adopted by the municipality to effectively enforce and administer the Article.
SUBDIVISION
The division or redivision of a lot, tract or other parcel of land into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines. The enumerating of lots shall include as a lot that portion of the original tract or tracts remaining after other lots have been subdivided therefrom.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
A. 
From the effective date of this article, its provisions shall apply in any portion of the municipality identified in the municipality's Act 537 Official Sewage Facilities Plan as a sewage management district. Within such an area or areas, the provisions of this article shall apply to all persons owning any property serviced by an on-lot sewage disposal system and to all persons installing or rehabilitating on-lot sewage disposal systems. The entire municipality of South Waverly is a sewage management district.
B. 
For purposes of the periodic pumping of on-lot sewage systems, the Borough shall be divided into three pumping districts. Attached hereto and marked Exhibit A is a map of South Waverly Borough indicating the three districts. Said districts shall be hereinafter described as District I, District II and District III.[1]
[1]
Editor's Note: The map is included as an attachment to this chapter.
A. 
No person shall install, construct or request bid proposals for construction or alter an individual sewage system or community sewage system or construct or request bid proposals for construction or install or occupy any building or structure for which an individual sewage system or community sewage system is to be installed without first obtaining a permit indicating that the site and the plans and specifications of such system are in compliance with the provisions of the Pennsylvania Sewage Facilities Act and the standards adopted pursuant to that Act.[1]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
B. 
No system or structure designed to provide individual or community sewage disposal shall be covered from view until approval to cover the same has been given by the Municipal Sewage Enforcement Officer. If 72 hours have elapsed, excepting Sundays and holidays, since the Sewage Enforcement Officer issuing the permit received notification of completion of construction, the applicant may cover said system or structure unless permission has been specifically refused by the Sewage Enforcement Officer.
C. 
The municipality may require applicants for sewage permits to notify the municipality's certified Sewage Enforcement Officer of the schedule for construction of the permitted on-lot sewage disposal system so that inspection(s) in addition to the final inspection required by Act 537 may be scheduled and performed by the municipality's certified Sewage Enforcement Officer.
D. 
No building or occupancy permit shall be issued by the municipality or its Code Enforcement Officer for a new building which will contain sewage-generating facilities until a valid sewage permit has been obtained from the municipality's certified Sewage Enforcement Officer.
E. 
No building or occupancy permit shall be issued and no work shall begin on any alteration or conversion of any existing structure, if said alteration or conversion will result in the increase or potential increase in sewage flows from the structure, until the municipality's Code Enforcement Officer and the structure's owner receive from the municipality's Sewage Enforcement Officer either a permit for alteration or replacement of the existing sewage disposal system or written notification that such a permit will not be required. The certified Sewage Enforcement Officer shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.
F. 
Sewage permits may be issued only by a certified Sewage Enforcement Officer employed by the municipality for that express purpose. The Department of Environmental Protection shall be notified by the municipality as to the identity of its currently employed certified Sewage Enforcement Officer.
A. 
Any supplements or revisions to the municipality's Official Sewage Facilities Plan which are prepared pursuant to the applicable regulations of the Pennsylvania Department of Environmental Protection for subdivision or development of land within an identified sewage management district shall provide for the testing, identification and reservation of an area of each lot or developed property suitable for the installation of a replacement on-lot sewage disposal system. This requirement is in addition to the testing, identification and reservation of an area for the primary sewage disposal system.
B. 
No permit shall be issued for any proposed new on-lot sewage disposal system on any newly created or subdivided property in any sewage management district unless and until a replacement area is tested, identified and reserved.
A. 
Any on-lot sewage disposal system may be inspected by the municipality's authorized agent at any reasonable time as of the effective date of this article.
B. 
The inspection may include a physical tour of the property, the taking of samples from surface water, wells, other groundwater sources, the sampling of the contents of the sewage disposal system itself and/or the introduction of a traceable substance into the interior plumbing of the structure served to ascertain the path and ultimate destination of wastewater generated in the structure.
C. 
The municipality's authorized agent shall have the right to enter upon land for the purposes of inspections described above.
D. 
An initial inspection may be conducted by the municipality's authorized agent as needed for the purpose of determining the type and functional status of each sewage disposal system in the sewage management district. A written report shall be furnished to the owner of each property inspected, and a copy of said report shall be maintained in the municipal records.
E. 
A schedule of routine inspections may be established by the municipality, if necessary, to assure the proper function of the systems in the sewage management district.
F. 
The municipality and its authorized agent shall inspect systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is indeed malfunctioning, the municipality and its authorized agent shall take action to require the correction of the malfunction. If total correction is not technically or financially feasible in the opinion of the authorized agent and a representative of the Pennsylvania Department of Environmental Protection, then action by the property owner to mitigate the malfunction shall be required.
G. 
There may arise geographic areas within the municipality where numerous on-lot sewage disposal systems are malfunctioning. A resolution of these area-wide problems may necessitate detailed planning and a municipally sponsored revision to that area's Act 537 Official Sewage Facilities Plan. When a DEP-authorized Official Sewage Facilities Plan revision has been undertaken by the municipality, mandatory repair or replacement of individual malfunctioning sewage disposal systems within the study area may be delayed, at the discretion of the municipality, pending the outcome of the plan revision process. However, the municipality may compel immediate corrective action whenever a malfunction, as determined by municipal officials and the Pennsylvania DEP, represents a serious public health or environmental threat.
Only normal domestic wastes shall be discharged into any on-lot sewage disposal system. The following shall not be discharged into the system:
A. 
Industrial waste.
B. 
Automobile oil and other nondomestic oil.
C. 
Toxic or hazardous substances or chemicals, including but not limited to pesticides, disinfectants, acids, paints, paint thinners, herbicides, gasoline and other solvents.
D. 
Clean surface or ground water, including water from roof or cellar drains, springs, basement sump pumps and french drains.
A. 
Any person owning a building served by an on-lot sewage disposal system which contains a septic tank shall have the septic tank pumped by a qualified pumper/hauler within six months of the effective date of this article if their property lies within District I, as set forth in § 430-3B, within 12 months if their property lies within District II, as set forth in § 430-3B, and within 18 months if their property lies within District III, as set forth in § 430-3B. Thereafter, that person shall have the tank pumped at least once every three years. Receipts from the pumper/hauler shall be submitted to the municipality within the prescribed six-month, twelve-month, eighteen-month and three-year required pumping periods.
B. 
The required pumping frequency may be increased at the discretion of the authorized agent if the septic tank is undersized, if solids buildup in the tank is above average, if the hydraulic load on the system increases significantly above average, if a garbage grinder is used in the building, if the system malfunctions or for other good cause shown. If any person can prove that his system tank had been pumped within three years of the six-month, twelve-month or eighteen-month anniversary as pertains to the district their property is located in of the effective date of this article, then the municipality may delay that person's initial required pumping to conform to the general three-year frequency requirement.
C. 
Any person owning a property served by a septic tank shall submit, with each required pumping receipt, a written statement, from the pumper/hauler or from any other qualified individual acceptable to the municipality, that the baffles in the septic tank have been inspected and found to be in good working order. Any person whose septic tank baffles are determined to require repair or replacement shall first contact the municipality's certified Sewage Enforcement Officer for approval of the necessary repair.
D. 
Any person owning a building served by an on-lot sewage disposal system which contains an aerobic treatment tank shall follow the operation and maintenance recommendations of the equipment manufacturer. A copy of the manufacturer's recommendations and a copy of the service agreement shall be submitted to the municipality within six months, 12 months or 18 months as pertains to the district his property is located in of the effective date of this article. Thereafter, service receipts shall be submitted to the municipality at the intervals specified by the manufacturer's recommendations. In no case may the service or pumping intervals for aerobic treatment tanks exceed those for those required for septic tanks.
E. 
Any person owning a building served by a cesspool or dry well shall have that system pumped according to the schedule prescribed for septic tanks. As an alternative to this scheduled pumping of the cesspool or dry well, the owner may secure a sewage permit from the certified sewage enforcement officer for a septic tank to be installed preceding the cesspool or dry well. For a system consisting of a cesspool or dry well preceded by an approved septic tank, only the septic tank must be pumped at the prescribed interval.
F. 
The municipality may require additional maintenance activity as needed, including but not necessarily limited to cleaning and unclogging of piping, servicing and the repairing of mechanical equipment, leveling of distribution boxes, tanks and lines, removal of obstructing roots or trees, the diversion of surface water away from the disposal area, etc.
G. 
The municipality shall require at the time the septic tank is pumped that the baffle shall be inspected by either the authorized pumper, the SEO, the CEO or the authorized agent. If the baffle is defective, it shall be repaired by the owner and said repair shall require a permit from the SEO. The owner shall submit proof that the baffle has been inspected and/or repaired with the required pumping receipt submission.
A. 
No person shall operate and maintain an on-lot sewage disposal system in such a manner that it malfunctions. All liquid wastes, including kitchen and laundry wastes and water softener backwash, shall be discharged to a treatment tank. No sewage system shall discharge untreated or partially treated sewage to the surface of the ground or into the waters of the commonwealth unless a permit to discharge has been obtained from the Pennsylvania Department of Environmental Protection.
B. 
The municipality shall issue a written notice of violation to any person who is the owner of a property in the municipality which is found to be served by a malfunctioning on-lot sewage disposal system or which is discharging raw or partially treated sewage without a permit.
C. 
Within seven days of notification by the municipality that a malfunction has been identified, the property owner shall make application to the municipality's certified Sewage Enforcement Officer for a permit to repair or replace the malfunctioning system. Within 30 days of initial notification by the municipality, construction of the permitted repair or replacement shall commence. Within 60 days of the original notification by the municipality, the construction shall be completed unless seasonal or unique conditions mandate a longer period, in which case the municipality shall set an extended completion date.
D. 
The municipality's certified Sewage Enforcement Officer shall have the authority to require the repair of any malfunction by the following methods: cleaning, repair or replacement of components of the existing system, adding capacity or otherwise altering or replacing the system's treatment tank, expanding the existing disposal area, replacing the existing disposal area, replacing gravity distribution system with a pressurized system, replacing the system with a holding tank or other alternatives as appropriate for the specific site.
E. 
In lieu of, or in combination with, the remedies described in Subsection D above, the Municipal Sewage Enforcement Officer may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water-using devices and appliances in the structure may be required to be retrofitted with water-saving appurtenances or they may be required to be replaced by water-conserving devices and appliances. Wastewater generation in the structure may also be reduced by requiring changes in water usage patterns in the structure served. The use of laundry facilities may be limited to one load per day or discontinued altogether, etc.
F. 
In the event that the rehabilitation measures in Subsections A through E are not feasible or do not prove effective, the municipality may require the owner to apply to the Pennsylvania Department of Environmental Protection for a permit to install an individual spray irrigation treatment system or a single-residence treatment and discharge system. Upon receipt of said permit, the owner shall complete construction of the system within 30 days.
G. 
Should none of the remedies described above prove totally effective in eliminating the malfunction of an existing on-lot sewage disposal system, the property owner is not absolved of responsibility for that malfunction. The municipality may require whatever action is necessary to lessen or mitigate the malfunction to the extent that it feels necessary.
The municipality, upon written notice from the Municipal Sewage Enforcement Officer that an imminent health hazard exists due to failure of a property owner to maintain, repair or replace an on-lot sewage disposal system as provided under the terms of this article, shall have the authority to perform or contract to have performed, the work required by the certified Sewage Enforcement Officer. The owner shall be charged for the work performed and, if necessary, a lien shall be entered therefore in accordance with law.
A. 
All septage originating within the municipal sewage management district shall be disposed of at sites or facilities approved by the Pennsylvania Department of Environmental Protection. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites and approved farmlands.
B. 
Septage of pumper/haulers operating within the municipal sewage management district shall operate in a manner consistent with the provisions of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101 through 6018.1003).
A. 
The municipality shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this article.
B. 
The municipality shall employ qualified individuals to carry out the provisions of this article. Those employees shall include a certified Sewage Enforcement Officer and may include a Code Enforcement Officer, secretary, administrator or other persons as required. The municipality may also contract with private qualified persons or firms as necessary to carry out the provisions of this article.
C. 
All permits, records, reports, files and other written material relating to the installation, operation and maintenance and malfunction of on-lot sewage disposal systems in the sewage management district shall become the property of the municipality. Existing and future records shall be available for public inspection during required business hours at the official municipal office. All records pertaining to sewage permits, building permits, occupancy permits and all other aspects of the municipality's sewage management program shall be made available, upon request, for inspection by representatives of the Pennsylvania Department of Environmental Protection.
D. 
The Borough Council shall establish all administrative procedures necessary to properly carry out the provisions of this article.
E. 
The Borough Council may establish a fee schedule, and subsequently collect fees, to cover the cost to the municipality of administering this program.
A. 
Appeals from decisions of the municipality or its authorized agents under this article shall be made to the Borough Council, in writing, within 30 days from the date of the decision in question.
B. 
The appellant shall be entitled to a hearing before the Borough Council at its next regularly scheduled meeting, if the appeal is received at least 14 days prior to that meeting. If the appeal is received within 14 days of the next regularly scheduled meeting, the appeal shall be heard at the subsequent meeting. The municipality shall thereafter affirm, modify or reverse the aforesaid decision. The hearing may be postponed for a good cause shown by the appellant or the municipality. Additional evidence may be introduced at the hearing provided that it is submitted with the written notice of appeal.
C. 
A decision shall be rendered, in writing, within 30 days of the date of the hearing. If a decision is not rendered within 30 days, the release sought by the appellant shall be deemed granted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person failing to comply with any provisions of this article shall be subject to a fine of not less than $300 and costs and not more than $2,500 and costs. Each day of noncompliance shall constitute a separate offense.
[Adopted 4-7-1997 by Ord. No. 4-7-97 (Ch. 112, Art. IV, of the 1992 Code)]
A. 
This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the Borough of South Waverly regulating the use of public and private sewers and drains, private wastewater disposal, the installation and connection of building sewers, and the discharge of waters and wastes into the public sewer system(s); and provides penalties for violations thereof; and enables the Borough to comply with all applicable state and federal laws required by Clean Water Act of 1977.
B. 
The objectives of this article are:
(1) 
To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;
(2) 
To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;
(3) 
To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and
(4) 
To provide for equitable distribution of the cost of the municipal wastewater system.
C. 
This article provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer's capacity will not be preempted, and provides for the setting of fees or the equitable distribution of costs resulting from the program established herein.
D. 
This article shall apply to the Borough of South Waverly and to persons outside the Borough who are, by contract or agreement with the Borough, users of the Borough publicly owned treatment works. Except as otherwise provided herein, the South Waverly Municipal Authority shall administer, implement, and enforce the provisions of this article.
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
Department of Environmental Protection of the Commonwealth of Pennsylvania, or its designated representative.
AUTHORITY
South Waverly Municipal Authority.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
An authorized representative of an industrial user may be:
A. 
A principal executive officer of at least the level of vice president, if the industrial user is a corporation;
B. 
A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;
C. 
A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° C. expressed in terms of weight and concentration [milligrams per liter (mg/l)].
BOROUGH
The political subdivision of the Borough of South Waverly and its duly appointed commissions, agents, and employees.
BOROUGH ENGINEER
The person designated by the Borough to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, which begins five feet (1.5 meters) outside the inner face of the building wall.
BUILDING SEWER
A sewer conveying wastewater from the premises of a user to a public sewer, the publicly owned treatment works, or other place of disposal. Also called "house connection" or "lateral."
CATEGORICAL STANDARDS
National Categorical Pretreatment Standards or pretreatment standard.
COMBINED SEWER
A sewer intended to receive both wastewater and stormwater or surface water.
COMPATIBLE POLLUTANT
Biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria; plus any additional pollutants identified in the publicly owned treatment works' NPDES permit, where the publicly owned treatment work is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the publicly owned treatment works' NPDES permit.
CONTROL AUTHORITY
Shall refer to the "approval authority" defined hereinabove; or the Borough Engineer if the Borough has an approved pretreatment program under the provisions of 40 CFR 403.11.
COOLING WATER
The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.
EASEMENT
An acquired legal right for the specific use of land owned by others.
ENGINEER
The duly authorized agent or representative elected by South Waverly Borough.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency.
FLOATABLE OIL
Is oil, fat, or grease in a physical state such that it will separate from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
HOLDING TANK WASTE
Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
INCOMPATIBLE POLLUTANT
All pollutants other than compatible pollutants as defined in this section.
INDIRECT DISCHARGE
The discharge or the introduction of nondomestic pollutants from any source regulated under § 307(b) or (c) of the Act (33 U.S.C. § 1317) into the publicly owned treatment works (including holding tank waste discharged into the system).
INDUSTRIAL USER
A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to § 402 of the Act (33 U.S.C. § 1342).
INDUSTRIAL WASTES
The wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.
INTERFERENCE
The inhibition or disruption of the POTW treatment processes or operations or which contributes to a violation of any requirement of the Borough's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with § 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA applicable to the method of disposal or use employed by the POTW.
MAY
Is permissive (see "shall").
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT
A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342).
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under the authority of 307(b) of the Act and 40 CFR § 403.5.
NATURAL OUTLET
Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
NEW SOURCE
Any source, the construction of which is commenced after the publication of proposed regulations prescribing a § 307(c) (33 U.S.C. § 1317) categorical pretreatment standard, which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a new source means any source the construction of which is commenced after the date of promulgation of the standard.
OWNER
Any person having title to real property.
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representative, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
pH
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution. Neutral water, for example, has a pH value of seven and a hydrogen ion concentration of 10.
POLLUTANT
Any dredge, spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, monition, chemical wastes, oil, solvent, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water.
POLLUTION
The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
POTW TREATMENT PLAN
That portion of the POTW designed to provide treatment to wastewater.
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.
PUBLIC SEWER
A common sewer controlled by a governmental agency or public utility.
PUBLICLY OWNED TREATMENT WORKS or POTW
A treatment works as defined by § 202 of the Act (33 U.S.C. § 1292), which is owned in this instance by the Valley Joint Sewer Authority or South Waverly Municipal Authority. This definition includes any sewers that convey wastewater to the POTW treatment plant, such as a public sewer, but does not include pipes, conduits, sewers or other conveyances not connected to a facility providing treatment such as a building drain, building sewer, house connection, or lateral. For the purposes of this article, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the Borough who are, by contract or agreement with the Borough, users of the Borough's POTW.
SANITARY SEWER
A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institution together with minor quantities or ground, storm, and surface waters that are not admitted intentionally.
SEWAGE
The spent water of a community. The preferred term is "wastewater."
SEWER
A pipe or conduit that carries wastewater or drainage water.
SEWER SERVICE RATE
Shall be the rate which is fixed by the Authority for rentals and services collected hereunder.
SHALL
Is mandatory; may is permissive.
SIGNIFICANT INDUSTRIAL USER
Any individual, commercial or institutional user of the Borough's wastewater disposal system who:
A. 
Is subject to categorical pretreatment standards (NRDC Consent Decree Industries); or
B. 
Is found by the Borough, Pennsylvania Department of Environmental Protection, or the United States Environmental Protection Agency to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of a sludge, the system's effluent quality, or air emissions generated by the system; or
C. 
Is a manufacturing industry using substances of concern; or
D. 
Has a process discharge flow of more than 25,000 gallons per average work day.
SOIL LINE
The pipe or conduit which shall provide for leaching of water from a septic tank.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
STATE
Commonwealth of Pennsylvania or its administrative agencies.
STORM DRAIN (SOMETIMES TERMED STORM SEWER)
A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307 (a) or other Acts.
UNPOLLUTED WATER
Waste of quality equal to or better than the effluent criteria in effect or waste that wold not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
USER
Any person who contributes, causes or permits the contribution of wastewater into the Borough's POTW.
WASTEWATER
The liquid and water-carried industrial or domestic wastes from dwellings, commercial building, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW. The spent water of the community.
WASTEWATER CONTRIBUTION PERMIT
As set forth in § 430-20B of this article.
WASTEWATER FACILITIES
The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the affluent.
WATERCOURSE
A natural or artificial channel for the passage of water either continuously or intermittently.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
The following abbreviations shall have the designated meanings:
BOD - Biochemical oxygen demand
CFR - Code of Federal Regulations
COD - Chemical oxygen demand
CWA - Clean Water Act
USEPA - United States Environmental Protection Agency
l- Liter
mg - Milligrams
mg/l - Milligrams per liter
NPDES - National Pollutant Discharge Elimination System
O&M - Operation and maintenance
POTW - Publicly owned treatment works
SIC - Standard Industrial Classification
SWDA - Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
U.S.C. - United States Code
TSS - Total suspended solids
A. 
Use of public sewers required.
(1) 
It shall be unlawful of any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the Borough of South Waverly, or in any area under the jurisdiction of said Borough, any human or animal excrement, garbage, or objectionable waste.
(2) 
It shall be unlawful to discharge to any natural outlet within the Borough of South Waverly, or in any area under the jurisdiction of said Borough, any wastewater or other polluted wastes, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
(3) 
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.
(4) 
The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the Borough and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the Borough, is hereby required, at the expense of the owner(s), to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article within 150 feet of the property line in the case of residential uses and 500 feet with respect to all other uses.
B. 
Private wastewater disposal.
(1) 
This provision shall apply where the rules and regulations relating to septage management shall not be applicable. These rules shall, where in conflict with septage management, be read as if they were intended to be adopted as consistent thereunto.
(2) 
Where a public sanitary or combined sewer is not available under the provisions of Subsection A(4), the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this article and the rules and regulations of the Pennsylvania Department of Environmental Protection.
(3) 
Before commencement of construction of a private wastewater disposal system, the owner(s) shall first obtain a written permit signed by the Engineer. The application for such permit shall be made on a form furnished by the Authority which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Engineer. A permit and inspection fee as determined by the Authority and shall be paid to the Authority at the time the application is filed.
(4) 
A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the Engineer. The Engineer shall be allowed to inspect the work at any state of construction and, in any event, the applicant for the permit shall notify the Engineer when the work is ready for final inspection before any underground portions are covered. The inspection shall be made within 72 hours of the receipt of notice by the Engineer.
(5) 
The type, capacities, locations, and layout of the private wastewater disposal system shall comply with all recommendations of the Department of Environmental Protection of the Commonwealth of Pennsylvania. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than 15,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(6) 
At such time as a public sewer becomes available to a property served by a private wastewater disposal system, a direct connection shall be made to the public sewer in accordance with Subsection A(4) and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
(7) 
The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expenses to the Borough. Sludge removal from private disposal systems must be performed by operators licensed by the Pennsylvania Department of Environmental Protection.
(8) 
When the liquid or waterborne effluent from a private wastewater disposal system enters any watercourse, ditch, storm sewer or water supply system located in the service area of the Borough in such manner, volume, and concentration as to create a hazardous, offensive or objectionable condition, in the opinion of the Engineer, the owner or occupant of the premises upon which such disposal system is locate, upon receiving written notice from the Engineer, so to do, shall within 90 days after the receipt of such notice, repair, rebuild or relocate such system for the purpose of eliminating such hazardous, offensive or objectionable conditions. The repair, rebuilding or relocation of the system is to be accomplished in compliance with the rules and regulations of the State Department of Health.
(9) 
No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the health officer.
C. 
Building sewers and connections.
(1) 
No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Engineer.
(2) 
There shall be three classes of building sewer permits: a) for residential service; b) for commercial service; and c) for service to establishments producing industrial wastes. In either case, the owner(s) or his agent shall make application on a special form furnished by the Authority. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Engineer. A permit and inspection fee shall be as determined by the Authority and paid to the Authority at the time the application is filed.
(3) 
The connection of the building sewer to the public sewer shall be done at the public sewer in the vicinity of the curbline. Except as provided in § 430-18D, if a building sewer from the public sewer to the vicinity of the curbline has not previously been provided, the owner(s) shall arrange to provide installation in accordance with this article. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the Borough from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(4) 
A separate and independent building sewer shall be provided for every building. Where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the front building sewer may be extended to the rear building only upon prior approval of the Engineer. The Borough does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
(a) 
Where building laterals are to serve multiple dwelling structures, there shall be provided at lease one separate building lateral for each group of eight apartments (or less).
(b) 
Where a public sewer is to serve a complex of industrial, commercial, institutional, or dwelling structures, special design of the building lateral system shall be required. Plans and specifications shall be prepared and submitted for approval pursuant to this article.
(5) 
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Engineer, to meet all requirements of this article.
(6) 
Building sewers shall be either cast iron soil pipe or polyvinyl chloride sewer pipe conforming to the following:
(a) 
Cast iron soil pipe.
[1] 
Materials. All case iron soil pipe shall be manufactured, tested, coated and inspected in conformance with all the provisions of ASTM Specification A74, "Cast Iron Soil Pipe and Fittings." All dimensions, weights and markings of cast iron soil pipe shall conform to the requirements of the American National Standards Institute, Designation A112.5.1, except spigot ends shall be plain end for receiving neoprene gaskets. Cast iron soil pipe shall be service weight, and shall be furnished in nominal five-foot laying lengths or less.
[2] 
Fittings. All fittings and specials of cast iron soil pipe shall conform in every respect to the pipe with which they are used. Cleanouts for laterals to be a wye fitting, extended to finished grade with brass screwed end plug.
[3] 
Gasket joints for hub and plain end cast iron pipe shall be used and shall be neoprene compression-type gasket which provides a positive double seal in the assembled joint. The gasket shall be a premolded, one-piece unit, designed for joining cast iron hub and plain end soil pipe fittings. The assembled joint shall be sealed by compression of the gasket between the exterior surface of the spigot and the interior surface of the hub. The joint shall be assembled following the manufacturer's recommendations using acceptable lubricant and special pipe-coupling tools designed for that purpose. Lubricant shall be a bland, flax-base, nontoxic material and shall not chemically attack the gasket material. Acceptable gaskets are "Ty-Seal" joint as manufactured by Tyler Pipe and Foundry Company, Tyler, Texas, or "Dual-Tite", as manufactured by Buffalo Pipe and Foundry Corp., Buffalo, New York, or equal.
(b) 
Polyvinyl chloride sewer pipe.
[1] 
Material. All polyvinyl chloride (PVC) pipe and fittings shall be Class SDR-35 and shall meet or exceed all of the requirements of ASTM Specification D3034, "Type PSM Polyvinyl Chloride (PVC) Sewer Pipe and Fittings"; or ASTM Specification F789, "Type PS-46 Poly (Vinyl Chloride) (PVC) Plastic Gravity Flow Sewer Pipe and Fittings"; or ASTM Specification F679, "Type Poly (Vinyl Chloride) (PVC) Large Diameter Plastic Gravity Sewer Pipe and Fittings." All pipe shall be suitable for use as a gravity sewer conduit with integral bell and elastomeric gasket joints. The gasket shall meet the requirements of ASTM F477. The bell shall consist of an integral wall section which securely locks the solid cross-section elastomeric rubber ring into position. Standard lengths shall be 12 feet six inches and 12 feet one inch. Acceptable manufacturers are Johns-Manville, Certain-Teed, Carlon, or equal.
[2] 
Fittings. All fittings and accessories shall be as manufactured and furnished by the pipe supplier, and have bell and/or spigot configurations identical to that of the pipe to which they are connected.
[3] 
Pipe stiffness. Minimum pipe stiffness (F/y) at 5% deflection shall be 46 psi for all sizes when tested in accordance with ASTM Designation D2412, "External Loading Properties of Plastic Pipe by Parallel-Plate Loading."
[4] 
Installation. Extreme care shall be taken to provide proper pipe foundations and pipe side fills in accordance with the recommendations of the pipe manufacturer, maintaining accurate alignment of the pipe at all times.
(c) 
The recommended Standards for Sewage Works (referred to as the "Ten-State Standards"), Section 29.3, has certain requirements where building sewers are near water mains or water service pipes. These requirements listed below shall be followed when installing building sewers.
(d) 
Relation of water mains.
[1] 
Horizontal separation. Sewers shall be laid at least 10 feet (3.0m) horizontally from any existing or proposed water main. The distance shall be measured edge to edge. In cases where it is not practical to maintain a ten foot separation, the appropriate reviewing agency may allow deviation on a case-by-case basis, if supported by data from the design Engineer. Such deviation may allow installation of the sewer closer to a water main, provided that the water main is in a separate trench or on an undisturbed earth shelf located on one side of the sewer and at an elevation so the bottom of the water main is at least 18 inches (46cm) above the top of the sewer.
[2] 
Crossings. Sewers crossing water mains shall be laid to provide a minimum vertical distance of 18 inches (46cm) between the outside of the water main and the outside of the sewer. This shall be the case where the water main is either above or below the sewer. The crossing shall be arranged so that the sewer joints will be equidistant and as far as possible from the water main joints. Where a water main crosses under a sewer, adequate structural support shall be provided to prevent damage to the water main.
[3] 
Special conditions.
[a] 
When it is impossible to obtain proper horizontal and vertical separation as stipulated above, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested to assure water tightness prior to backfilling.
[b] 
If installed on fill or unstable ground, the building sewer shall be of cast iron soil pipe, although other pipe material may be permitted if such pipe is uniformly supported on a poured concrete cradle approved by the Engineer. Special excavation and filling methods and materials, including the use of porous fabric and/or select material, may be required by Engineers. The distance between consecutive joints, as measured along the center line of the installed pipe, shall not exceed 12 feet six inches except under abnormal circumstances, in which case this dimension may exceeded if approved in advance by the Engineer. The size and slope of building or street laterals shall be subject to approval by the Engineer, but in no event shall the internal diameter be less than four inches, nor shall the slope of the pipe be less than 1/8 inch per foot, nor shall velocity of flow in the pipe be less than two feet per second.
(7) 
At the point of connection of a building sewer to a main sewer, a standard wye fitting and a one-eighth (forty-five-degree) bend shall be used. No lateral connection shall be made to the main sewer which permits the flow into the sewer from the lateral to enter at right angles.
(8) 
The wye and one-eighth bend fittings, previously mentioned, shall be inserted in the main sanitary sewer at the time of its construction for each proposed lot for either immediate or future development. The location of all lateral connections shall be indicated on a drawing and copies of this drawing showing the as-built location of these connection shall be furnished the Engineer. No sanitary sewer shall be accepted by the Authority until two copies of this record drawing showing lateral locations have been so filed.
(9) 
When any street lateral is to serve a school, hospital, or similar institutional or public housing, or is to serve a complex of industrial or commercial buildings, or which, in the opinion of the Engineer, will receive domestic sewage or industrial wastes of such volume or character that frequent maintenance of said building and street lateral is anticipated, then such street lateral shall be connected to the public sewer through a manhole. The Engineer shall determine if and where this type of connection to the public sewer is required. Connections to existing manholes shall be made as directed by the Engineer. If required, a new manhole shall be installed in the public sewer pursuant to § 430-18D and the lateral connection made thereto as directed by the Engineer.
(10) 
All excavations required for the installation of a building or street lateral shall be open trench work unless otherwise approved by the Engineer. Pipe laying and backfill, regardless of pipe material used, shall be performed in general accordance with Paragraphs 3 through 6 of ASTM Specification C-12, except that trench width measured at the top of the installed pipe shall not exceed 24 inches and, except that no back fill shall be placed until the work has been inspected. The depth of cover over the pipe shall be sufficient to afford protection from frost, but in no case shall such depth be less than four feet six inches unless prior approval has been granted by the Engineer, in writing, to permit a lesser depth of cover, and then under such conditions the Engineer may impose.
(11) 
All new or reconstructed building sewers shall be fitted with a standard wye fitting and forty-five-degree bend with appropriate pipe to provide a clean-out in the vicinity of the curbline. The clean-out shall be of similar material as the building sewer or as otherwise required by the Engineer and shall be provided with a secured cap at the ground level. Installation, location, and configuration shall be as required by the Engineer and sufficient information shall accompany the permit application.
(12) 
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 public sewer, sanitary sewage carried by such building drain shall be lifted by means approved by the Engineer and discharged to the building sewer.
(13) 
No person(s) shall make connections of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the Engineer for purposes of disposal of polluted surface drainage.
(14) 
Specifications to connect building sewer to public sewer.
(a) 
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Borough of the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Engineer before installation.
(b) 
All joints and connections shall be made watertight. No cement joints will be permitted. Poured joints for cast iron pipe shall be firmly packed with oakum or hemp and filled with molten lead not less than one inch deep. Lead shall be run in one pouring and caulked tight. No paint, varnish, or other coatings shall be permitted on the jointly material until after the joint has been tested and approved. The transition joint between cast iron pipe and other pipe materials shall be made with special adapters and jointing materials approved by the Engineer. If such joints are hot-poured, the material shall not soften sufficiently to destroy the effectiveness of the joint when subjected to a temperature of 160° F., nor be soluble in any of the wastes carried by the lateral. The joint shall first be caulked tightly with jute, hemp or similar approved material. Premolded gasket joints for hub and plain end cast iron pipe may be used if approved by the Engineer, and shall be neoprene joint. The gasket shall be premolded, one-piece unit, designed for joining the cast iron hub and plain end soil pipe and fittings. The assembled joint shall be sealed by compression of the gasket between the exterior surface of the spigot and the interior surface of the hub. The joint shall be assembled following the manufacturer's recommendations using acceptable lubricant and special pipe-coupling tools designed for that purpose. The plain spigot end shall be forced into the hub end of the pipe for the full depth of the hub itself. Lubricant shall be a bland, flax-base, non-toxic material and shall not chemically attack the gasket material. PVC pipe joints shall follow the manufacturer's recommendations, using properly designed couplings and rubber gaskets pursuant to the published information relating thereof.
(15) 
Inspection and connection.
(a) 
The applicant for the building sewer permit shall notify the Engineer when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Engineer or its representative. Notifications to the Engineer for requested inspections shall be made at least 72 hours in advance of the time when the inspection is desired. Premature filling of trenches before an inspection is made will subject the person to whom a permit is issued to a penalty in accordance with this article, and such person shall expose the installed pipe at his own expense until inspected by the Engineer.
(b) 
In the event that such work is not ready for inspection or for any other reason may not be approved by the Engineer, the property owner, builder, or developer shall be notified that such work has not been approved and the reason therefore, and at the same time shall be notified that no further inspection of such work will be made until the property owner, builder, or developer has paid a surcharge in the amount as established by the Authority to cover the extra expense and cost to the Authority. In the event of further disapproval of the same work, a further surcharge shall be paid by the property owner, building, or developer in accordance with the above schedule, before a further inspection shall be made.
(16) 
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Street, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Authority.
(17) 
An interior clean-out fitting shall be provided from each building lateral at a readily accessible location, preferably just inside the basement wall. The fitting shall contain a forty-five-degree branch with removable plug, and so positioned that the sewer cleaning equipment can be inserted therein to clean the building lateral.
(18) 
No structure shall be connected to the sanitary sewer system unless there is a soil line extended to a point above the roof and properly vented or otherwise vented in a manner approved by the Engineer. In existing public or private buildings, dwellings, or stores not properly vented, a running trap with double hub vent is required, and it shall be installed in a manner which has been approved by the Engineer. Grease traps will be installed where needed or where the Authority or its duly authorized agent may direct. Grease traps must be kept clean at all times, at the owner's expense.
D. 
New sewers or sewer extensions.
(1) 
New sanitary sewers and all extensions to sanitary sewers owned and maintained by the Authority shall be properly designed in accordance with the Recommended Standards for Sewage Works, and as adopted by the Great Lakes-Upper Mississippi River Board of State Sanitary Engineers and in strict conformance with all requirements of the Pennsylvania Department of Environmental Protection. Plans and specifications shall be submitted to, and approval obtained from, the Engineer and Pennsylvania Department of Environmental Protection before construction may proceed. The design of sewer shall anticipate and allow for follows from all possible future extensions or developments within the immediate drainage area, being compatible with the master sewerage plan adopted by the Borough.
(2) 
Design and installation of sanitary sewers.
(a) 
When a property owner, builder, or developer proposes to construct sanitary sewers or extensions to sanitary sewers in an area proposed for subdivision, the plans, specifications, and method of installation shall be subject to the approval of the Engineer in accordance with § 430-18D(1). Said property owner, builder, or developer shall pay for the entire installation, including a proportionate share of the cost of a treatment plant, intercepting or trunk sewers, pumping stations, force mains and all other Authority expenses incidental thereto. Each building sewer must be installed and inspected pursuant to Subsection C and all permit and inspection fees shall be paid by the applicant. Design and installation of sewers shall be as specified in and in conformance with Paragraphs 3 through 6 of ASTM Specification C-12. The installation of the sewer shall be subject to periodic inspection by the Engineer, and the expense for this inspection shall be paid for by the owner, building or developer as provided in this article. The Engineer's decisions shall be final in matters of quality and methods of construction. The sewer, as constructed, must pass the exfiltration test required in § 430-18D(4) before any building sewer is connected thereto. Plans, specifications, and other required information shall be submitted 45 days in advance of anticipated project start date. The Engineer shall be notified at least 30 days in advance of the start of construction operation so that such inspection procedures as may be necessary or required may be established. No sanitary sewers will be accepted by the Authority until such inspection of construction have been made as will assure the Authority of compliance with these regulations and any amendments or additions thereto.
(b) 
Plans, specifications, and methods of installation shall conform to the requirements of this article. Components and materials of sewage works installations not covered in this article, such as pumping stations, lift stations, or force mains shall be designed in accordance with § 430-18D(1) and shall be clearly shown and detailed on the plans and specifications submitted for approval. When requested, the owner, builder, or developer of the proposed installation shall submit to the Engineer all design calculations and other pertinent data to supplement the Engineer's review of the plans and specifications. Furnish results of manufacturer's tests on each lot of pipe delivered to the job.
(3) 
Sewer design.
(a) 
Sewer design shall be in accordance with the following provisions. Pipe material shall be either extra-strength vitrified clay conforming to ASTM Specification C-200 (minimum Class 2400); or polyvinyl chloride (PVC) conforming to ASTM Specification D3034-80, Type PSM, with minimum SDR ratio of 35 and minimum pipe stiffness at 5% deflection of 46. No standard strength clay pipe or concrete pipe shall be used. Pipe manufactured using other materials may be installed only if prior approval is obtained from the Engineer. Minimum internal pipe diameter shall be designed and manufactured such that O-ring gaskets of the snap-on type are employed. Gaskets shall be continuous, solid, natural or synthetic rubber and shall provide a positive compression seal in the assembled joint such that the requirement of § 430-18D(4) are met. Joint preparation and assembly shall be in accordance with the manufacturer's recommendations. Wye branch fittings shall be installed for connection of building sewer in accordance with § 430-18C(7).
[1] 
Trench widths as measured just above the crown of the pipe shall not exceed the following:
Pipe Diameter
(inches)
Trench Width Maximum
8
3'-3"
10
3'-6"
12
3'-9"
14
4'-0"
15
4'-1"
16
4'-2"
[2] 
If the trench widths are found, during field inspection, to exceed the limits in the above table, the sewer pipe shall be encased with a minimum of six inches of concrete for that length of trench which width exceeds the maximum.
(b) 
Calculation of pipe class.
[1] 
Selection of pipe class shall be calculated based on the following criteria:
[a] 
Safety factor: 1.5 (minimum).
[b] 
Load factor: 1.7 (maximum).
[c] 
Weight of soil: 120 pounds cubic feet.
[d] 
Wheel loading: 16,000 pounds.
[2] 
Utilizing the foregoing information, design shall then be made as outlined in Chapter IX of the Water Pollution Control Federation Manual of Practice No. 9, "Design and Construction of Sanitary and Storm Sewers," and pipe shall have sufficient structural strength to support all loads to be placed on the pipe, with a minimum fifty-percent safety factor as listed above.
(c) 
Pipe shall be firmly and uniformly bedded in a minimum depth of three inches of No. 1 or No. 1a crushed stone (PennDOT specification); the trench shall be excavated approximately three inches deeper than the bottom of the pipe prior to installation of the bedding material. All pipe shall be supported by a firm foundation. When unsuitable foundation conditions are encountered, in the judgment of the Engineer, an artificial pipe foundation shall be created utilizing a concrete cradle under and around the bottom half of the pipe or such other foundation design subject to Engineer's approval. The trench shall be excavated below the bedding line to the prescribed depth for subsequent installation of the required foundation, all as directed by the Engineer.
(d) 
Manholes.
[1] 
Manholes shall be constructed at all changes in slope and alignment, and at intervals not exceeding 400 linear feet.
[2] 
Manhole bases shall be constructed of poured 3,000 psi concrete 12 inches thick or equivalent precast concrete bases, if approved by the Engineer, prior to installation.
[3] 
Bench walls and flow channels shall be carefully sloped for smooth flow and have a steel trowel finish.
[4] 
Manhole walls shall be constructed using precast four-foot diameter concrete manhole barrel sections and a concentric tapered top section conforming to ASTM Specification C-478. Barrel sections and top sections all be cast solid, without lifting holes. All joints between manhole section shall be O-ring rubber gasket, meeting the same specifications as pipe joints, and shall be sealed against infiltration. No steps or ladder rungs shall be installed in the manhole walls. All precast sections shall be produced at a plant which is approved by the PennDOT for manufacture of concrete pipe.
[5] 
The manhole frame and cover shall be heavy duty cast iron as manufactured by Neenah Foundry Company or approved equal. Twenty-four inch frames and covers shall be Neenah Catalog No. 1642 with Type C cover, or shall be the standard adopted by the Borough.
[6] 
Manhole frames and converse shall have a minimum combined weight of 400 pounds, shall have a minimum height of seven inches, and a clear opening of 24 inches.
[7] 
Covers shall be marked "Sewer" and have two nonpenetrating pickholes at least one inch in width and 1 1/2 inches long.
[8] 
Frames and covers shall have machined bearing surfaces and shall be painted with bitumastic.
[9] 
Manhole frames shall be set in a full bed of mortar with no less than two, no more than nine courses of brick or an appropriate number of precast concrete rings underneath to allow for later adjustment in elevation. Manhole frames shall be set so that top conforms to the adjacent road grade.
(4) 
Exfiltration test.
(a) 
All sanitary sewers or extensions to sanitary sewers shall satisfy requirements of a final exfiltration test before they will be approved and wastewater flow permitted by the Authority. The exfiltration test required herein shall be performed by the property owner, builder, or developer under the supervision of the Engineer, who shall have the responsibility for making the proper and accurate measurements required. This test consists of filling the pipe with water to provide a head of at least five feet above the top of the pipe or five feet above groundwater, whichever is higher, at the highest point of the pipeline under test, and then measuring the loss of water from the line by the amount which must be added to maintain the original level. In this test, the line must remain filled with water for at least 24 hours prior to the taking of measurement. Exfiltration shall be measured by the top of water level in a standpipe with closed bottom end, or in one of the sewer manholes available for convenient measuring.
(b) 
When a standpipe and plug arrangement is used in the upper manhole of a line under test, there must be some positive method of releasing entrapped air in the sewer prior to taking measurements. The test length intervals for either type of test shall be as ordered or approved, but in no event shall they exceed 1,000 feet. In the case of sewers laid on steep grades, the length of line to be tested by exfiltration at any one time may be limited by the maximum allowable internal pressure on the pipe and joints at the lower end of the line. The test period, wherein the measurements are taken, shall not be less than 24 hours in either type of test.
(c) 
The total leakage of any section tested shall not exceed the rate of 100 gallons per mile of pipe per 24 hours per inch of manufacturer's designation of internal pipe diameter. For purposes of determining the maximum allowable leakage, manholes shall be considered as sections of forty-eight-inch diameter pipe, five feet long. The equivalent leakage allowance shall be 4.5 gallons per manhole per 24 hours for forty-eight-inch diameter manholes. If leakage exceeds the specified amount, the necessary repairs or replacements required shall be made to permanently reduce the leakage to within the specified limit, and the tests shall be repeated until the exfiltration test is met.
(5) 
All sanitary sewers and extensions to sanitary sewers constructed at the property owner's, builder's, or developer's expense, after final approval and acceptance by the Engineer, shall become the property of the Borough and shall thereafter be maintained by the Authority. Said sewers, after their acceptance by the Borough, shall be guaranteed against defects in materials or workmanship for one year by the builder or developer. The guarantee shall be in such other security as the Borough may approve.
(6) 
No property owner, builder, or developer shall be issued a building permit for a new dwelling or structure requiring sanitary facilities unless a suitable and approved method of disposal of wastewater is proposed and approved by the Borough. All new housing or building developments shall be provided with an approved system of sanitary sewers.
(7) 
Any person constructing or causing to be constructed, sewerage works (or any part thereof) or private wastewater disposal facilities must present to the Clerk or Secretary a certificate of insurance showing suitable liability insurance before a permit will be issued for construction of same, said certificate to be written for the benefit of the Borough and to hold the Borough harmless for any damages and claims which may arise as a result of construction of said facilities.
E. 
General discharge prohibitions. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of the POTW whether or not the user is subject to National Categorical Pretreatment standards or any other national, state or local pretreatment standards or requirements. A user may not contribute the following substances to the POTW:
(1) 
Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion to be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or any point in the system) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, aulfides, PCBs, and any other substances which the Borough, state or USEPA has notified the user is a fire hazard or a hazard to the system.
(2) 
Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as, but not limited to: grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mid, or glass grinding or polishing wastes.
(3) 
Any wastewater having pH less than 5.0 or greater than 9.5, unless the POTW is specifically designed to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW.
(4) 
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to inure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a Categorical Pretreatment Standard. A toxic pollutant shall include, but not be limited to any pollutant identified pursuant to § 307(a) of the Act.
(5) 
Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair.
(6) 
Any substance which may cause the POTW's effluent or any other product of the POTW, such as, residues, sludges, or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process where the POTW is pursuing a reuse and reclamation problem. In no case shall substances be discharged into the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations developed under § 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, The Toxic Substances Control Act, or state criteria applicable to the sludge management methods being used.
(7) 
Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit, the receiving water quality standard, or any material which causes a hazard to human or animal life or creates a public nuisance or contains concentrations in excess amounts of the materials at point of entry into the public sewer listed below:
0.05 mg/l arsenic
0.1 mg/l cadium as Cd
0.5 mg/l chromium as Cr+6
0.5 mg/l total chromium
1.0 mg/l cooper as Cu
0.5 mg/l cyanide as Cn
2.0 mg/l iron as Fe
0.05 mg/l lead
0.002 mg/l mercury
5.0 mg/l nickel as Ni
0.01 mg/l phenol
0.05 mg/l silver
2.0 mg/l zinc as Zn
0.0002 mg/l endrin, per State Sanitary Code, Paragraph 5-1.52
0.004 mg/l Lindane
0.1 mg/l Methoxychlor
0.005 mg/l Toxaphene
0.1 mg/l 2,4-D
0.01 mg/l s,4,5-TP Silvex
0.01 mg/l phenolic compounds which cannot be removed by the Borough's wastewater treatment process
(8) 
Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
(9) 
Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with temperature at the introduction into the POTW which exceeds 40° C. (104° F.) unless the POTW treatment plant is designed to accommodate such temperature.
(10) 
Any waters or wastes that for a duration of 15 minutes have concentration greater than five times that of normal wastewater as measured by suspended solids and BOD and/or which are discharged continuously at a rate exceeding 1,000 gallons per minute except by special permit. Normal wastewater shall be construed to fall within the following ranges:
Constituents
Permissible Range
Suspended solids
180 to 3,350 mg/l
BOD
140 to 300 mg/l
(11) 
Any wastewater containing any radioactive wastes or isotopes of half-life over 100 days or such concentration as may exceed limits established by the Engineer in compliance with applicable state or federal regulations.
(12) 
Any cyanide in excess of two milligrams per liter by weight as CN.
(13) 
Grease, oil, and sand interceptors shall be provided when the above set limits for those substances are exceeded or when, in the opinion of the Engineer, they are necessary for the proper handling of liquid wastes continuing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units which do not provide restaurant-type services. All interceptors shall be of a type and capacity approved by the Authority, and shall be located so as to be readily and easily accessible for cleaning and inspections. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperatures. They shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.
(14) 
Where installed, all grease, oil, and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation and shall be readily accessible and open to inspection by the Engineer at any time.
(15) 
The admission into the public sewers of any waters or wastes having: 1) a five-day biochemical oxygen demand greater than 300 milligrams per liter; or 2) containing more than 350 milligrams per liter of suspended solids; or 3) containing any quantity of substances having the characteristics described in § 430-18E; or 4) having an average daily flow greater than 2% of the average daily wastewater flow of the Borough; or 5) being of such nature and delivered at such quantity and quality and at such a rate as to impair the hydraulic capacity, strength or durability of the public sewers, structures, equipment, or treatment plant shall be subject to the review and approval of the Engineer. Where, in the opinion of the Engineer, the water or waste admitted to the system may have a deleterious effect upon the wastewater treatment plan, process equipment, or receiving waters, or which otherwise may create a hazard to life or constitute a public nuisance, the Engineer shall: 1) advise the user(s) of the impact of the contribution on the POTW; and 2) develop effluent limitations(s) for such user to correct the interference with the POTW; and a) reject the wastes; b) require pretreatment to an acceptable condition for discharge to the public sewers; c) require control over the quantities and rates of discharge; and/or d) require payment to cover additional cost to handle and treat the wastes not covered by existing taxes or sewer charges.
(16) 
Unpolluted water, such as stormwater; roof drains, spring water, cistern overflow, footing drains, or discharge from air conditioning units, refrigeration units, or heat pumps; or the contents of any privy vault, septic tank or cesspool except under such conditions and at such locations as are permitted by the Engineer.
F. 
Maintenance of nonpublic facilities. Any waters or waste not hereunder covered which shall be shared by the rules and regulation of the Valley Joint Sewer Authority which accepts the waste from the South Waverly Municipal Authority. Where pretreatment of flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense.
G. 
Provision of metering and sampling station. When required by the Engineer, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Engineer and in concert with § 430-20D. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
H. 
Requirement for provision of user date. The Engineer may require a user of sewer services to provide information needed to determine compliance with this article. These requirements may include:
(1) 
Wastewater discharge peak rate and volume over a specified time period.
(2) 
Chemical analysis of wastewaters.
(3) 
Information on raw materials, processes and products affecting wastewater volume and quality.
(4) 
Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.
(5) 
A plot plan of sewers of the user's property showing sewer and pretreatment facility location.
(6) 
Details of wastewater pretreatment facilities.
(7) 
Details of systems to prevent and control the losses of materials through spills to the municipal sewer.
I. 
Use of standard analytical procedures.
(1) 
All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association. Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the Engineer.
(2) 
No statement contained in this article shall be construed as preventing any special agreement or arrangement between the Authority and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Borough for treatment, subject to payment therefore by the industrial concern.
(3) 
Alternate methods for the analysis of industrial wastes may be used subject to mutual agreement between the Authority and the producer of such wastes. The frequency and duration of the sampling of any industrial waste shall not be less than once every three months for a twenty-four-hour period. However, more frequent and longer periods may be required at the discretion of the Authority.
J. 
Modification of federal categorical pretreatment standards. Where the Borough's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the Borough may apply to the approval authority for modification of specific limits in the federal pretreatment standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in 95% of the samples taken when measured according to the procedures set forth in § 403.7(c)(2) of (Title 40 of the Code of Federal Regulations, Part 403), "General Pretreatment Regulations for Existing and New Sources of Pollution," promulgated pursuant to the Act. The Borough may modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR, Part 403, § 402.7, are fulfilled and prior approval from the approval authority is obtained.
K. 
State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent that federal requirements and limitations or those in this article.
L. 
Borough's right of revision. The Borough reserves the right to establish by local law more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 430-15 of this article.
M. 
Excessive discharge. No user shall ever increase the use of process water or, in any other way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards, or in any other pollutant-specific limitation developed by the Borough.
N. 
Accidental discharges.
(1) 
Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Authority for review an shall be approved by the Authority before construction of the facility. No user who commences contribution to the POTW after the effective date of this article shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Authority. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this article. In the case of any accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
(2) 
Written notice. Within five days following an accidental discharge, the user shall submit to the Engineer a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.
(3) 
Notice of employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
A. 
Purposes. It is the purpose of this article to provide for the recovery of costs from users of the Borough's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the Borough's Schedule of Charges and Fees.
B. 
All persons owning, having, or occupying lots, parcels or tracts of land situated within the service area of the Borough of South Waverly having thereon buildings or structures of any kind connected to the Borough sewerage works shall pay to the Borough Secretary, at all time provided by the Authority, rents and charges as may be fixed by the Borough, from time to time, and based on the he criteria set forth in the following subsections.
C. 
The source of the revenues for retiring debt service, capital expenditures, operation, and maintenance of the Borough's wastewater facilities shall be apportioned on the basis of a sewer service charge as established by the Authority.
D. 
Each user's normal charge shall be based on the volume of wastewater which said user discharges to the public sewers in accordance with the following applicable criteria:
(1) 
For users connected to a public water supply with no other source of supply, metered water consumption shall be used to determine the volume.
(2) 
For users not connected to a public water supply, volume shall be as estimated or measured by the Engineer, such measurement to be at owner's expense.
(3) 
For users with both a public and private water supply, metered water consumption as estimated or measured shall be used to determine volume unless the actual volume, as measured by the Engineer, exceeds the metered volume, in which case the measured volume shall be used to calculate the charge.
(4) 
The normal charge shall then be calculated by multiplying the appropriate volume of wastewater by the sewer service rate established by the Authority.
E. 
Users discharging wastewater to the wastewater facilities which exceeds the concentration of normal wastewater shall be assigned a surcharge in addition to their normal sewer service charge. The surcharge shall depend on the strength and character of the wastewater from measurements and samplings taken by the Authority, the results thereof utilized to calculate the amount of the surcharge in accordance with the criteria, procedures, and limitations set forth in Schedule A.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
F. 
Sewer service rates used to calculate normal sewer charges shall be established by the Authority on an annual basis, and shall be consistent with the applicable provisions of USEPA Regulations, 40 CFR Part 35. Each user shall be notified at least annually by the Authority of the sewer service rate and that portion of the user charge applicable to him.
G. 
Charges and fees.
(1) 
The Authority may adopt charges and fees which may include:
(a) 
Fees for reimbursement of costs of setting up and operating the Authority's pretreatment program;
(b) 
Fees for monitoring, inspections, and surveillance procedures;
(c) 
Fees for reviewing accidental discharge procedures and construction;
(d) 
Fees for permit applications;
(e) 
Fees for filing appeals;
(f) 
Fees for consistent removal by the Authority of pollutants otherwise subject to federal pretreatment standards;
(g) 
Other fees as the Authority may deem necessary to carry out the requirements contained herein;
(h) 
Charges for sewer use as described in Subsections C and D.
(2) 
These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the Authority.
H. 
No special agreements with any users shall be made which are inconsistent with this § 430-19 insofar as sewer service charges are concerned. Sewer service rates established by the Authority shall take procedure over existing agreements.
A. 
Wastewater discharges. It shall be unlawful to discharge wastewater without a permit from the state to any natural outlet within the Borough of South Waverly, or in any area under the jurisdiction of said Borough. It shall be unlawful to discharge without a permit to the POTW any wastewater except as authorized by the Engineer in accordance with the provisions of this article.
B. 
Wastewater contribution permits.
(1) 
General permits. All significant industrial users proposing to connect to or to contribute to the POTW shall obtain a wastewater contribution permit before connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shall obtain a wastewater contribution permit within 180 days after the effective date of this article.
(2) 
Permit application. Users required to obtain a wastewater contribution permit shall complete and file with the Authority an application on the form prescribed by the Authority and accompanied by a fee as determined by the Authority. Existing users shall apply for a wastewater contribution permit within 180 days after the effective date of this article, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(a) 
Name, address, and location (if different from the address);
(b) 
SIC number according to the Standard industrial Classification Manual, Bureau of the Budget, 1972, as amended;
(c) 
Wastewater constituents and characteristics, including, but not limited to, those mentioned in § 430-18 of this article as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the USEPA pursuant to § 304(g) of the Act and contained in 40 CFR, Part 136, as amended;
(d) 
Time and duration of contribution;
(e) 
Average daily and three minute peak wastewater flow rates and volume, including daily, monthly, and seasonal variations, if any;
(f) 
Site or plot plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections, pretreatment facilities, and appurtenances by the size, location and elevation;
(g) 
Description of raw materials, activities, facilities, plant processes, and products on the premises including all materials which are or could be discharged affecting wastewater volume and quality;
(h) 
Where known, the nature and concentrations of any pollutants in the discharge which are limited by any Borough, state or federal pretreatment standards and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional O&M and/or additional pretreatment is required for the user to meet applicable pretreatment standards; provide details of systems to prevent and control the losses of materials through spills into the public sewer;
(i) 
If additional pretreatment and/or O&M will be required to meet the pretreatment standards, details of the pretreatment facilities and the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
[1] 
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, etc.).
[2] 
No increment referred to in Subsection B(2)(i)[1] shall exceed nine months.
[3] 
No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Engineer, including, as a minimum, whether or not it complied with the increment of progress to be met on such date, and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Engineer.
(j) 
Each product produced by type, amount, process or processes and rate of production;
(k) 
Type and amount of raw materials processed (average and maximum per day);
(l) 
Number of type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
(m) 
Any other information as may be deemed by the Authority to be necessary to evaluate the permit application. The Authority will evaluate the data furnished by the user and may require additional information such as an environmental impact statement. After evaluation and acceptance of the data furnished, the Authority may issue a wastewater contribution permit subject to terms and conditions provided herein.
(3) 
Permits modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater contribution permit as required by Subsection B(2), the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater contribution permit shall submit to the Engineer within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by § 430-20B(2)(h) and (i).
(4) 
Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges, and fees established by the Borough. Permits may contain the following:
(a) 
The unit charge or schedule or user charges and fees for the wastewater to be discharged to a community sewer;
(b) 
Limits on the average and maximum wastewater constituents and characteristics;
(c) 
Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
(d) 
Requirements for installation and maintenance of inspection and sampling facilities;
(e) 
Specifications for monitoring programs which may including sampling locations, frequency of sampling, number, types and standard for tests, and reporting schedule;
(f) 
Compliance schedules;
(g) 
Requirements for submission of technical reports or discharge reports (see Subsection C);
(h) 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Authority and affording Authority access thereto;
(i) 
Requirements for notification of the Authority of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.
(j) 
Requirements for notification of slug discharges as per § 430-18N.
(k) 
Other conditions as deemed appropriate by the Authority to ensure compliance with this article.
(5) 
Permits duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than one year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The permit application shall include all information required in § 430-20B(2) and shall be accompanied by the permit application fee as established by the Authority. The terms and conditions of the permit may be subject to modification by the Authority during the term of the permit as limitations or requirements as identified in § 430-18 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(6) 
Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the Authority. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
C. 
Reporting requirements for permittee.
(1) 
Compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Engineer a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional.
(2) 
Periodic compliance reports. Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of new source, after commencement of the discharge into the POTW, shall submit to the Engineer during applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to § 304(g) of the Act and contained in 40 CFR, Part 136, and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.
D. 
Monitoring facilities.
(1) 
The Authority shall be required to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the Authority may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will into be obstructed by landscaping or parked vehicles.
(2) 
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of sample for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
(3) 
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Authority's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Authority.
E. 
Inspection and sampling. The Authority shall inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Authority or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, or performance of any of their duties. The Authority, approval authority and USEPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring, and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the Authority, approval authority, and USEPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
F. 
Pretreatment.
(1) 
Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the Authority shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Authority for review, and shall be acceptable to the Authority before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Authority under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Authority prior to the user's initiation of the changes.
(2) 
The Authority shall annually publish the local newspaper a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.
(3) 
All records relating to compliance with pretreatment standards shall be made available to officials of the USEPA or approval authority upon request.
G. 
Confidential information.
(1) 
Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs, and form inspections shall be available to the public or other governmental agency without restriction unless the user specifically request and is able to demonstrate to the satisfaction of the Borough that the relapse of such information would divulge information, process, or method of production entitled to protection as trade secrets of the user.
(2) 
The Engineer or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind of source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competition.
(3) 
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this article, the National Pollutant Discharge Elimination System Permit, state disposal system permit, and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report.
(4) 
Wastewater constituents and characteristics will not be recognized as confidential information.
(5) 
Information accepted by the Borough as confidential shall not be transmitted to any governmental agency or to the general public by the Borough until and unless a ten-day notification is given to the user.
No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is apart of the wastewater facilities. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
A. 
Identification of employees. The Engineer and other duly authorized employees of the Authority bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharge to the community system in accordance with the provisions of this article.
B. 
Safety rules to be observed. While performing the necessary work on private properties referred to in § 430-22A above, the Engineer or duly authorized employees of the Authority shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Authority employees, and the Authority shall indemnify the company against loss or damage to its property by Authority employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 430-18F.
C. 
Entry of employees. The Engineer and other duly authorized employees of the Authority bearing proper credentials and identification shall be permitted to enter all private properties through which the Borough holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion to the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
D. 
Harmful contributions.
(1) 
The Authority may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the Authority, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW, or causes the Borough to violate any condition of its NPDES Permit.
(2) 
Any person notified of a suspension of the wastewater treatment service and/or a wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Authority shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Authority shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Authority within 15 days of the date of occurrence.
E. 
Revocation of permit. Any user who violates the following conditions of this article or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of § 430-22 of this article.
(1) 
Failure of a user to factually report the wastewater constituents and characteristics of his discharge;
(2) 
Failure of the user to report significant changes in operations or wastewater constituents and characteristics; or
(3) 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.
F. 
Notification of violation. Whenever the Authority finds that any user has violated or is violating this article, wastewater contribution permit, or any prohibition and limitation or requirements contained herein, the Authority may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Authority by the user.
G. 
Show cause hearing.
(1) 
The Authority may order any user who causes or allows an unauthorized discharge to show cause before the Authority why the proposed enforcement action should not be taken. A notice shall be served on the user specifying time and place of a hearing to be held by the Authority regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Authority why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Services may be made on any agent or officer of a corporation.
(2) 
The Authority may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the Authority to:
(a) 
Issue in the name of the Authority notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(b) 
Take the evidence;
(c) 
Transmit a report of the evidence of hearing, including transcripts and other evidence, together with recommendations to the Authority for action thereon.
(3) 
At any hearing held pursuant to this article, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
(4) 
After the Authority has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices, or other related appurtenances shall have been installed on existing treatment facilities, devices, or other related appurtenances and that they are properly operated. Further orders and directives as are necessary and appropriate my be issued.
H. 
Legal action. If any person discharges sewage, industrial wastes, or other wastes into the Borough's wastewater disposal system contrary to the provisions of this article, federal or state pretreatment requirements, or any order of the Authority, the Borough Attorney may commence an action for appropriate legal and/or equitable relief in the appropriate court of this county.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Civil penalties. Any user who is found to have violated an order of the Authority or who willfully or negligently failed to comply with any provision of this article and the orders, rules, regulations, and permits issued hereunder shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Bradford County.
B. 
Falsifying information. Any person who knowingly makes any false statements, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this article or wastewater contribution permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Bradford County.