[HISTORY: Adopted by the Borough Council
of the Borough of Upland as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-10-1992 by Ord. No. 3-1992 (Ch.
54 of the 1969 Code)]
[Amended 9-13-2011 by Ord. No. 5-2011]
This article is adopted to promote and protect
the public health, safety, comfort, convenience and other aspects
of the general welfare. These general goals include, among other things,
the specific enforcement of the Clean Water Act and the Pennsylvania
Clean Streams Law[1] and the various regulations promulgated by the Delaware
County Regional Water Quality Control Authority (DELCORA), the United
States Environmental Protection Agency (USEPA) and the Pennsylvania
Department of Environmental Protection (PADEP), and such other agencies
which may succeed the aforementioned agencies, and the implementation
of the Delaware County Wastewater Management Plan and the National
Pretreatment Standards, 40 CFR 401 et seq.
[1]
Editor’s Note: See 35 PS. § 691.1 et seq.
This article shall be known and may be cited
as the "Upland Borough Wastewater Treatment Ordinance."
[Amended 9-13-2011 by Ord. No. 5-2011]
The DELCORA Standards, Rules and Regulations
of 2011, attached hereto as Exhibit A,[1] are hereby collectively adopted as the Wastewater Treatment
Regulations for the Borough of Upland.
[1]
Editor’s Note: The exhibit is on file in the Borough
offices.
A.
It is intended that this article provide a means of
enforcement and prosecution of the DELCORA Standards, Rules and Regulations
and the National Pretreatment Standards.
B.
It is the specific intent of this article to provide
a means of enforcement of the National Pretreatment Standards promulgated
by the United States Environmental Protection Agency as set forth
in 40 CFR 401 et seq. (1983) pursuant to the Clean Water Act, as amended,
33 U.S.C. § 1251 et seq.
C.
The DELCORA Standards, Rules and Regulations shall
be minimum standards and shall apply uniformly to each class or kind
of user within Upland Borough.
A.
The Council of the Borough of Upland hereby ordains
and establishes that any person, firm or corporation who fails or
refuses to comply with the DELCORA Standards, Rules and Regulations,
embodied in DELCORA Resolution Nos. 91-03 and 91-05, adopted May 22,
1991, as the same may amend from time to time, which are incorporated
herein by reference and attached hereto as Appendix A,[1] shall be subject to the penalties set forth in this article.
[1]
Editor's Note: Said Appendix A is on file
in the borough offices.
B.
Any person, firm or corporation who shall violate
any provision of this article shall be subject to pay a fine of up
to $1,000 or the maximum legal limit of the fining authority, whichever
is greater, upon default of payment of such fine and costs, be sentenced
to imprisonment for a term not to exceed 30 days. Every day that each
violation continues of this article and/or DELCORA's Standards, Rules
and Regulations, as amended, shall constitute a separate offense.
[Amended 12-10-1996 by Ord. No. 9-1996]
A.
The Borough of Upland hereby appoints DELCORA, or
its designee, as its agent having the power of the Borough of Upland
to institute proceedings in the name of the Borough of Upland against
any and all persons, firms or corporations who or which violate the
provisions of this article.
B.
In cases involving the enforcement of this article,
the Solicitor of DELCORA or its designee may cause subpoenas to be
issued for witnesses for the prosecution and may conduct the hearing
on behalf of the Borough of Upland.
[Amended 9-13-2011 by Ord. No. 5-2011]
The DELCORA Local Limitations for the Eastern
Service Area (the "Eastern Limitations") and the DELCORA Local Limitations
for the Western Service Area (the "Western Limitations"), as set forth
in DELCORA Resolution 2011-01, attached hereto as Exhibit B,[1] is hereby adopted as the local limitations for all discharges
of wastewater in the Borough of Upland. All such discharges of wastewater
in the Borough of Upland shall comply with the Western Limitations.
[1]
Editor’s Note: The exhibit is on file in the Borough
offices.
[Added 9-13-2011 by Ord. No. 5-2011]
All ordinances, resolutions or parts of ordinances or resolutions
inconsistent herewith are hereby repealed to the extent of such inconsistency.
[Adopted 1-10-2012 by Ord. No. 1-2012]
The following terms apply to this article and augment definitions
found in the Uniform Plumbing Code:
A device or valve installed in the building drain or sewer
pipe where a sewer is subject to backflow and which prevents drainage
or waste from backing up into a lower level or fixtures and causing
a flooding condition.
The Borough Engineer or a Borough employee designated in
writing by the Borough Engineer to sign certificates of inspection
for the purpose of lateral inspections and to issue certificates of
lateral compliance.
A list of all Borough service, penalty, interest, permit
fees, and hourly personnel and equipment rates, as adopted by resolution
of the Borough Council from time to time.
That part of the drainage system that extends from the end
of the building drain and conveys the discharge (sewage) to a public
sewer, private sewer, individual sewage disposal system or other point
of disposal.
An access opening in the drainage system utilized for removing
obstructions. Types of cleanouts include a removable plug or cap and
a removable fixture or fixture trap.
Any building containing one or more rental unit(s) located
in any area in the Borough.
The Delaware County Regional Water Quality Control Authority.
Routine flushing or rodding of a sewer to maintain a free-flowing
condition.
A device that is specifically designed to relieve the pressure
created when a gravity sewer is flowing full. All overflow devices
require the approval of the Borough Engineer for proper application
before their installation.
A sewer or system of sewers serving more than one building
that is not owned by DELCORA.
Physical exposure of a section of pipe and/or appurtenances
for the purpose of resuming proper operating condition.
Removal and replacement of existing pipe and/or appurtenances.
A pipe or conduit which carries sanitary sewage and to which
stormwater and groundwaters are not admitted.
All water or combination of liquid and water-carried solids,
biosolids or solid waste conducted away from any dwellings, residences,
business buildings, institutions, unit, firm, association, organization,
public corporation, political subdivision (including the Borough of
Upland), county, or district; or the State of Pennsylvania; or the
United States of America, or any department or agency thereof and
other sources, which is known as "domestic sewage," together with
liquid or water-carried solid or semisolid wastes resulting from a
manufacturing process employed in industrial establishments, including
the washing, cleaning or drain water from such process, which is known
as "industrial waste."
Includes the sanitary collection system owned and operated
by DELCORA in the Borough of Upland, all appurtenances thereto, and
all portions thereof.
A sewer pipe that conveys sewage from plumbing of a building
or structure to a Borough-maintained sewer main; also referred to
as "building sewer" in the Uniform Plumbing Code.
When used herein, any Borough-owned and/or DELCORA-owned
sewer pipe within a street or public right-of-way receiving or intended
to receive the discharges of more than one sewer lateral. No sewer
main constructed henceforth shall be less than eight inches in diameter
nor be laid or constructed in any Borough street, easement or right-of-way
or street, easement or right-of-way under the control of the Borough
and/or DELCORA, except to the lines, grades, and specifications approved
by the Borough Engineer.
A pipe or conduit which carries storm- and surface waters
and drainage but excludes sewage and polluted industrial wastes.
A person, firm, corporation, partnership or association which
causes land to be divided into a subdivision for a person, firm, corporation,
partnership or association, or for others.
Includes any dwelling, unit, firm, association, organization,
public corporation, political subdivision (including the Borough of
Upland), county, district, the State of Pennsylvania, or the United
States of America, or any department or agency thereof.
All property owners owning or controlling property facing upon
any of the streets of the Borough of Upland shall lay or cause to
be laid all necessary sewer connections with the DELCORA sewer mains.
A.
General.
(1)
It shall be the responsibility of the property owner to perform all
required maintenance and to keep the lateral(s) in good condition
as defined by this article. For the purpose of this requirement, any
sewer lateral on private property (e.g., rear yards and side yards)
shall be considered as a lateral and is to be connected to DELCORA's
sewer main.
(2)
A building's sewer must be maintained to meet the following minimum
requirements:
(a)
The sanitary sewer lateral and vent cleanouts shall be kept
free from roots, grease deposits, and other solids which may impede
the flow or obstruct the transmission of waste.
(b)
All joints shall be tight and all pipes shall be sound to prevent
exfiltration by waste or infiltration by groundwater or stormwater.
(c)
The sanitary sewer lateral shall be free of any structural defects,
cracks, breaks, or missing portions, and the grade shall be uniform
without sags or offsets.
(d)
The sanitary sewer lateral shall have a two-way cleanout located
at the property line or at the sewer main easement. All cleanouts
shall be securely capped with a proper cap at all times.
Every separate lot of 25 feet or more, or any two lots adjoining,
shall be connected with DELCORA's sewer main.
A.
Every building or structure with plumbing fixtures requiring drainage
on a property must have its own lateral connected to DELCORA's
main. When any repairs or replacements are done to those laterals
that are jointly shared by more than one building or structure from
different properties, each shall require a discrete connection to
DELCORA's sanitary sewer main as part of the repair. If a property
with two buildings or structures with plumbing fixtures requiring
drainage is subdivided, each building or structure shall be required
to have a discrete connection to DELCORA's sanitary sewer main
as a condition of subdividing.
A.
The Plumbing Code of the Borough of Upland requires a backwater valve
be installed whenever plumbing facilities exist and are below the
manhole cover elevation.
B.
In any system where a backwater valve is required, the property owner
shall install the appropriate approved valve. It shall be the responsibility
of the property owner to maintain said backwater valve in a proper
operating condition.
C.
In the event that the condition of any installed backwater valve
becomes irreparable, the said valve shall be immediately replaced
by the property owner.
D.
Connections of any backwater valve shall be made only after the issuance
of a Borough plumbing permit.
All sewer laterals or sewer cleanouts which contain leaks or
breaks, uncapped sewer cleanouts, sump pumps, downspouts or yard drains
which discharge into the sewer system, and all other sources of accidental,
negligent or intended introduction of stormwater runoff or similar
waters into the sanitary sewer system are hereby declared to be a
public nuisance. If such a condition exists, it shall be abated by
the owner of the property, who is hereby required to remove or correct
such improper sewer connections.
A.
It shall be the duty of the Borough Engineer, or said Borough Engineer's
designee, to give written notice to property owners, or their agents
if known, and to the occupant(s) of the property, if any, specifying
that the sewer connection repair shall be made by means of the initial
installation or repair of the illegal lateral.
B.
If the owners or their agents are not known and if there are no occupants,
the Borough Engineer, or said Borough Engineer's designee, shall
post said notice conspicuously on said property. Said notice shall
briefly describe the work required, referring to this article or other
Code chapters, and shall contain a notification to the effect that,
unless said work is done within 10 days, the Borough Engineer, or
said Borough Engineer's designee, will take appropriate legal
action(s) to have the work accomplished.
C.
The Borough Engineer, or said Borough Engineer's designee, shall
keep a record of said notices and actions.
A.
Whenever any single-family use, located in any zoning district within
the Borough of Upland, is being converted to accommodate a multifamily
use, the following must be accomplished in order to be awarded a Borough
of Upland use and occupancy certificate:
(1)
An analysis of the existing wastewater drainage system(s) and planned
additional fixtures shall be completed by an appropriate competent
practitioner to certify that the wastewater drainage systems of the
building will be capable of meeting the sanitary needs of the planned
multifamily use.
(2)
A certificate of lateral compliance for the said property shall have
been issued.
(3)
Documentation shall be obtained from the Borough Plumbing Inspector
affirming the ability of the affected DELCORA sewer main piping to
handle the additional loads associated with the intended multifamily
use associated with the said property, and associated fees paid.
A.
Whenever any property located in the Borough of Upland is to be transferred
to or vested in any other person or entity by deed, instrument or
writing, by which any lands are sold, granted, assigned, transferred
or otherwise conveyed to, or vested in, a purchaser or purchasers
thereof, or to any other person or persons, and the property includes
any buildings or structures constructed more than 15 years prior to
the sale of the property, the sewer lateral(s) to the property shall
be tested for infiltration, and all necessary repairs or replacements
shall be performed to prevent all infiltration. All testing procedures
must be approved by the Borough Engineer, or authorized representative,
and:
[Amended 5-8-2012 by Ord. No. 4-2012]
(1)
For all "commercial" properties, repairs or replacement work shall
be completed and approved by the Borough prior to transfer of title.
(2)
For all private residential properties, once the lateral inspection
has been completed and evaluated, the resulting required repair and/or
replacement work should be carried out prior to settlement, or there
must be an agreement made between the Borough Engineer, or said Borough
Engineers' designee, and all interested parties, said document
agreeing to the work that must be done, the methodology for satisfactorily
completing said repair and/or replacement work, and the completion
date for all such repair and/or replacement work.
(3)
The property owner shall retain all agreements and/or inspection
documentation, signed by a Borough-authorized representative as approved,
as proof of compliance with this article.
B.
Exceptions. This section shall not apply to:
[Amended 9-13-2016 by Ord. No. 4-2016; 9-12-2017 by Ord. No. 4-2017; 2-12-2019 by Ord. No. 3-2019]
A.
The property owner or his/her appointed contractor shall obtain a
lateral inspection form, in addition to any required plumbing permit,
for sewer lateral testing prior to commencing with the testing procedure.
The test procedure shall be performed as follows.
B.
Each lateral is to have a two-way cleanout made of material approved
by the Borough Engineer, or said Borough Engineer's authorized
representative, located in the Borough right-of-way, on private property
adjacent to the Borough right-of-way, or on a public utility easement
inside of the curbline. If one does not exist, an approved cleanout
shall be installed prior to performing any testing. Installation of
the cleanout, if necessary, shall require a plumbing permit and shall
be run to grade and covered/capped by a meter box and lid as approved
by the Borough Engineer, or said Borough Engineer's designee.
A cleanout located adjacent to (within 30 inches of) the building
is required by the Uniform Plumbing Code for any new construction
and is required by this article.
C.
Lateral testing shall be accomplished, where applicable, by a closed-circuit
video recording, observation and evaluation grading test results using
the PACP (NASSCO Certification) Condition Grading System Standards
or PHCC Certification Standards and, if appropriate, a water exfiltration
test, an air test, or by a smoke test.
(1)
Closed-circuit video recordings shall be used as the primary testing/inspection
method for all laterals that have been in service for 10 years or
more.
(2)
A water exfiltration test shall only be appropriate for laterals
that are new or exposed and will be conducted according to standard
specifications as per the pertinent plumbing codes of the Borough
of Upland.
(3)
Air testing shall only be appropriate for laterals that are new or
exposed and will be conducted according to standard specifications
as per the pertinent plumbing codes of the Borough of Upland.
(4)
Smoke testing shall only be appropriate for laterals that are new
or exposed and will be conducted according to standard specifications
as per the pertinent plumbing codes of the Borough of Upland.
[Amended 9-12-2017 by Ord. No. 4-2017; 2-12-2019 by Ord. No. 3-2019]
A.
Should the lateral fail the test, the lateral shall be either repaired
or replaced, and retested. A plumbing permit shall be required in
order to perform the necessary repairs or replacement. This process
shall continue until the lateral passes the required test. Note: The
PACP (NASSCO Certification) Condition Grading System Standards or
PHCC Certification Standards are used to evaluate all test results.
These documents are on file in the Upland Borough Plumbing Inspector's
office at the Borough Municipal Building. These standards are adopted
and/or amended by resolution of the Upland Borough Council from time
to time.
B.
For the purposes of retesting any system, fees that are in effect
for the lateral compliance inspection shall apply for each and every
testing event.
[Amended 9-12-2017 by Ord. No. 4-2017; 2-12-2019 by Ord. No. 3-2019]
Once the lateral has successfully passed the testing procedure,
the Borough Engineer, or said Borough Engineer's designee, shall
issue the appropriate documentation in the form of a signed certificate
of lateral compliance.
[Amended 9-12-2017 by Ord. No. 4-2017; 2-12-2019 by Ord. No. 3-2019]
Fees associated with this article can be found in the Borough's
fee and rate schedule, a list of all Borough service, penalty, interest,
permit fees, and hourly personnel and equipment rates, as adopted
by resolution of the Borough Council from time to time.
[Amended 9-12-2017 by Ord. No. 4-2017; 2-12-2019 by Ord. No. 3-2019]
A.
Plumbers, licensed by the Borough of Upland, third-party inspection agencies, and certain trained and qualified individuals may be approved to provide lateral piping inspection services to property owners within the said Borough by being in compliance with § 150-22B and C below. For a contractor to certify a lateral inspection video they must be all of the above and be NASSCO or PHCC certified.
B.
The qualifications and equipment of any plumber, third-party inspector, or other person(s), having been trained as a piping system tester, shall be evaluated and approved by the Engineer, or authorized representative of the Borough of Upland prior to providing lateral testing, under § 150-18C(1) of this article, within the Borough of Upland.
C.
In order to gain approval to provide lateral testing services, under § 150-18C(1) of this article, the following requirements shall be satisfied:
(1)
The closed-circuit video equipment system(s) or other technologies
to be used for said testing shall be approved by the Engineer, or
authorized representative of the Borough of Upland;
(2)
Said equipment must meet or exceed the minimum technical equipment
specifications on file with the Borough Engineer, or authorized representative;
(3)
Video disk image samples shall be provided for evaluation by the
Borough Engineer, or authorized representative; and
(4)
The required evaluation fee, found in the Borough's fee and
rate schedule, has been paid.
In all buildings in which there are plumbing fixtures at an
elevation too low to permit drainage by gravity from the fixtures
to the sewer main, the sewage from the buildings shall be lifted and
discharged to the Borough's sewer system by pumps or other appropriate
wastewater facilities, which shall be the responsibility of the property
owner.
A.
The Borough's standard specifications shall control in any case
where they apply, except as follows:
(1)
The standard specifications are in conflict with the provisions of
this code, in which case the provisions of this code shall control;
and
(2)
For good cause, the Borough Engineer has authorized deviation from
the standard specifications. If the action required by the standard
specifications in a particular case is unclear, the Borough Engineer
shall make the determination.
A.
This section is intended to apply to, but is not necessarily limited
to application to, the following facilities that exist(ed) on the
date of passage of this article.
B.
Condominiums, cooperative apartment buildings and multiunit apartment
complexes constructed prior to August 1, 1996, shall be tested as
follows:
(1)
Within one year of the final passage of this article, all condominium
or cooperative apartment buildings or multiunit apartment complexes
shall be certified. Thereafter, retesting and certification of the
lateral(s) shall occur at fifteen-year intervals, or at the discretion
of the Borough Engineer, or said Borough Engineer's designee.
(2)
Exception. This subsection shall not apply to condominium or cooperative
apartment buildings or multiunit apartment complexes where the Borough
Engineer, or said Borough Engineer's designee, determines that
testing and replacement of lateral(s) has been performed to Borough
standards within the last 15 years.
Plumbing codes and other applicable regulations adopted or amended
by the Borough of Upland shall govern the construction of private
lateral repair.
A.
Any person who shall violate any provision of this article shall,
upon conviction thereof, in a summary proceeding before a District
Justice, be sentenced to pay a fine of not more than $600, plus costs
of prosecution, and in default of payment thereof, shall be committed
to the county jail for a period not exceeding 30 days; and each day's
continuance of a violation of this article as shall constitute a separate
offense.
B.
In addition to, or in lieu of, the remedies set forth above, any
violation of this article may result in the issuance of an administrative
citation.
If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this article is, for any reason, held to be unconstitutional
or invalid, such a decision shall not affect the validity of the remaining
portions of this article.
This article shall take effect 30 days following its adoption.
