[HISTORY: Adopted by the Borough Council
of the Borough of Millersville as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-23-1993 by Ord. No. 1993-4]
[Amended 12-28-1993 by Ord. No. 1993-21; 4-17-2001 by Ord. No. 2001-2]
Unless the context specifically and clearly
indicates otherwise, the meanings of terms and phrases used in this
article shall be as follows:
The Municipality Authorities Act, 53 Pa.C.S.A. § 5601
et seq., as amended.
[Amended 1-27-2009 by Ord. No. 2009-1]
The Borough of Millersville.
That part of the sewer drainage system of an improved property
which connects a building to the sewer system, which shall include
the entire length from the building to the Borough-owned sewer line
or main.
[Added 1-25-2022 by Ord. No. 2022-01]
Each improved property which is separately connected to the
sewer system, with the exception of residential units, Millersville
University and Manor Township. This definition is intended to include
but not necessarily be limited to hotels, schools, with the exception
of Millersville University, churches, fire halls and ambulance facilities.
A fee, based upon the Borough's cost of connection to the
Borough's sewer system, including the Borough's fees and costs incurred
in the inspection of such connection, for each service connection
to the Borough's sewer main.
A fee, based upon the Borough's cost of connection, including
the Borough's fees and costs incurred in the inspection of such connection,
for each connection of a customer facility line to the service connection.[1]
Any man-made change to improved or unimproved property, including
but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations.
The United States Environmental Protection Agency or any
agency successor thereto.
[Added 11-25-2014 by Ord. No. 2014-6]
A facility that causes, creates, generates, stores or otherwise
produces wastewater from on-site process operations, whether domestically
or commercially generated.
[Added 11-25-2014 by Ord. No. 2014-6]
Any property within the service area upon which there is
erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sanitary sewage and/or industrial wastes shall be or may be discharged.
Any and all wastes discharged from an industrial establishment,
other than sanitary sewage.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
An individual, a partnership, a company, an association,
a society, a trust, a corporation or other group or legal entity.
Real estate within the Borough.
Any room or group of rooms located within a dwelling wholly
or partly used or intended to be used for living, sleeping, cooking
and eating by humans.
Normal water-carried household and toilet wastes from any
improved property.
The area served by the sewer system.[2]
All facilities owned or controlled by the Borough for use
in the collecting, pumping, transporting, treating and disposing of
sanitary sewage, all connections therewith, and all property, real,
personal and mixed, appurtenant to, used or useful in connection with
all or any part thereof.
Any street, road, lane, court, cul-de-sac, alley, public
way or public square.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines, for the purpose,
whether immediate or future, of lease, transfer of ownership or building
or lot development.
A fee imposed to enable the recovery of the equity in the
sewer system, which shall be composed of a capacity part and a collection/conveyance
part and may, in the future, if warranted, include for some customers
a special purpose part and/or a reimbursement part. A tapping fee
shall be considered the fee referred to as a "tapping fee" in the
Authorities Act.
[1]
Editor's Note: The former definition of "customer facility
line," which immediately followed this definition, was repealed 1-25-2022 by Ord. No. 2022-01.
[2]
Editor's Note: The former definition of "service connection,"
which immediately followed this definition, was repealed 1-25-2022 by Ord. No. 2022-01.
[Amended 1-27-2009 by Ord. No. 2009-1; 1-25-2022 by Ord. No. 2022-01]
After the effective date of this article, the
owners of all improved properties connected to the sewer system shall
be required to remain connected. The owners of all unconnected improved
properties to which the sewer system is now or hereafter becomes accessible
shall be required to make application to connect and to connect to
the sewer system. The sewer system shall be considered accessible
if the improved property abuts or adjoins any street in which there
is a sewer main which is part of the Borough's sewer system or, although
an improved property may not abut or adjoin, if any part of the improvements
erected on such property shall be within 100 feet of such sewer main
and if the ground floor thereof may be drained by gravity into the
sewer by way of any public or private street, alley or available right-of-way.
The Borough shall have the right, in its discretion, to determine
whether it is desirable or advisable to permit connections to the
sewer system, all of which shall be at the property owner's expense;
and no person shall use or make connection, repair or replacement
to the Borough's sewer system without first applying for and obtaining
a permit from the Borough and paying all applicable fees. Each improved
property shall have its own individual building sewer. Each unit in
a double house shall be considered as a separate premises. Except
as otherwise provided in this article, each improved property shall
be connected separately and independently to the sewer system. Grouping
of more than one improved property on one building sewer shall not
be permitted. Connections shall be at the place designated by the
Borough.
A.
The Borough Manager shall give each owner of property
required to be connected to the sewer system notice of this article
and notice to make application to connect to the sewer system within
15 days. No property shall be connected to the sewer system until
the property owner:
(1)
Completes a sewer service application, agreeing to
pay all lawful charges for sewer service to such property [whether
or not occupied by the applicant(s)], so long as the applicant(s)
remain the owner(s) thereof and thereafter until the applicant(s)
shall give written notice to the Borough of a change of ownership
and the name(s) of the new owner(s).
(2)
Receives approval of the sewer service application
from the Borough.
(3)
Pays the Borough the appropriate connection, tapping
and customer facilities fees within 10 days of the date of the Borough's
invoice for these fees. If the appropriate fee payment is not received
within 10 days, the sewer service application shall become null and
void.
B.
Upon approval of the application and receipt of the
payment of all fees, the Borough shall issue a permit to connect to
the sewer system. The applicant shall make such connection within
30 days of the issuance of such permit, and in the case of new construction
prior to occupancy, and shall give the Borough Manager at least 24
hours' notice of the time when such connection shall be made. Failure
of such owner to comply with any of the time periods established in
this section shall constitute a violation of this article.
A.
B.
Every excavation done pursuant to this article shall
be guarded adequately with barricades and lights to protect all persons
and property from injury or damage. Any street, sidewalk or other
public property disturbed in the course of such work shall be restored,
at the cost of the owner of the improved property being connected
or otherwise involved, in a manner satisfactory to the Borough.
C.
The Borough may require any reasonable test of tightness
of joints to be made at the expense of the owner.
D.
Any work rejected by the Borough for failure to conform
to the requirements hereof shall be remedied and replaced at the expense
of the owner of the improved property so that it shall meet with the
approval of the Borough as being in conformity with the requirements
hereof. Any and all work within the lines of any street and up to
the main shall be done by a qualified plumber.
[Amended 1-25-2022 by Ord. No. 2022-01]
E.
Owners performing or on whose behalf such work is
performed shall indemnify and save harmless the Borough from all loss
or damage which may result directly or indirectly from such work.
[Amended 7-23-1996 by Ord. No. 1996-6; 11-25-2014 by Ord. No.
2014-6]
Floor drains must be provided with grease interceptors, pursuant to the requirements of § 305-21 of this article. The Borough Manager may require owners of premises discharging industrial wastes which disrupt or impede or in any way impair the sewer system or its treatment of sewage to give such waste special treatment, at the expense of such owners, to make it acceptable in the sewer system before discharging into the sewer system.
[Amended 1-25-2022 by Ord. No. 2022-01]
The owner of any improved property shall maintain
the building sewer in a safe and sanitary operating condition. If
the owner of such improved property shall fail or refuse, upon receipt
of a notice from the Borough, in writing, to remedy any unsatisfactory
condition with respect to a building sewer within the time frame set
forth in such notice, the Borough may refuse to permit the discharge
of sanitary sewage and/or industrial wastes from the improved property
into the sewer system until such unsatisfactory condition is remedied
to the satisfaction of the Borough at the cost of the owner of the
improved property. The owner of any improved property shall also maintain
any flow meters, including but not limited to calibration of such
flow meters serving such improved property. If a flow meter shall
be found to register defectively, the owner of the improved property
shall pay for its replacement or repair. The owner of the improved
property and the occupant of the improved property shall allow inspection
of the building sewer by Borough representatives.
The Borough shall have the right, so long as
any property is connected to the sewer system, to enter upon all parts
of the property in which sewer connections, pipes or facilities are
located, at all reasonable hours, to inspect the same and the use
thereof.
There is hereby imposed and fixed upon the owner
of each property connecting a service connection to the Borough's
sewer main after the effective date of this article a connection fee
for each such connection in the amount of the actual cost of the inspection.
In the event that a connection does not pass inspection, the actual
cost of each subsequent inspection until and including a final successful
inspection shall be added to the connection fee and borne by the owner.
There is hereby imposed and fixed upon the owner
of each property making a connection of a customer facility line to
the service connection after the effective date of this article a
customer facilities fee for each such connection in the amount of
the actual cost of the inspection. In the event that a connection
does not pass inspection, the actual cost of each subsequent inspection
until and including a final successful inspection shall be added to
the connection fee and borne by the owner.
[Amended 4-17-2001 by Ord. No. 2001-2]
The owner of each property making a connection to the sewer system or expanding the use of the sewer system shall pay a tapping fee in accordance with the provisions of Article II of this chapter.
All tapping, connection, and customer facilities
fees and charges for sewer service shall be payable to the Borough
of Millersville or to such other officer or representative of the
Borough as shall be authorized, from time to time, by resolution of
the Borough to accept payment thereof.
Payment of tapping, connection and customer
facilities fees charged by the Borough pursuant to this article shall
be enforced by the Borough in any manner appropriate under laws in
effect at the time.
[Amended 12-28-1993 by Ord. No. 1993-21]
A.
The quarterly charges for sewer service shall be at
the following rates:
[Amended 5-28-2002 by Ord. No. 2002-7; 1-25-2005 by Ord. No.
2005-2; 12-11-2007 by Ord. No. 2007-8]
(1)
Each residential unit: $110.
(2)
Each commercial unit: $167.30 for the first 10,000
gallons and $4.50 for each one-thousand-gallon increment or part thereof
in excess of the first 10,000 gallons.
(3)
Millersville University. The sewer rental rates and
debt service shall be in accordance with agreements from time to time
in effect between the Borough and Millersville University.
(4)
Manor Township. The sewer rental rates and debt service
shall be in accordance with agreements from time to time in effect
between the Borough and Manor Township.
B.
Where two or more uses (i.e., residential and commercial)
are combined on one premises, the amount and number of uses shall
be determined by the Borough. For these combined premises, the first
10,000 gallons shall be at the residential rate, and the second 10,000
gallons shall be at the commercial rate. All consumption in excess
of 20,000 gallons shall be at the consumption rate for commercial
units over 10,000 gallons.
C.
Charges shall accrue upon all property required to
be connected to the sewer system regardless of occupancy; provided,
however, that, after a connected unit has been vacant and unoccupied
for one whole quarterly billing period, the Borough Manager may relieve
it from further charges during its continued vacancy if all water
supply to the unit shall be shut off satisfactory to the Manager.
[Amended 9-27-2016 by Ord. No. 2016-09]
All charges for service at the aforesaid sewer rates shall be
due and shall be billed at the end of each quarter and, if not paid
within 30 days after the date of the bill, shall be subject to a penalty
of 10%. Charges and penalties not paid within 60 days after the date
of the bill shall be considered delinquent, at which point interest
at the rate of 6% per year (in addition to the penalty) shall be added
to the charges and collected as part thereof. Sewer service may be
cut off from the delinquent property in accordance with applicable
law and not be restored until all delinquent bills against the same,
together with cost of shutting off and restoring service, shall have
been paid. The Borough may, for convenience, treat any three-month
period as a billing quarter and may end billing quarters in different
months for various customers.
A.
In the event that the Borough institutes a civil action to collect
delinquent sewer rates, the property owner shall be responsible for
all costs arising out of the civil action, including but not limited
to filing fees and the costs of service of process (whether by certified
mail or other means).
B.
Each property owner shall be responsible for all costs which the
Borough incurs in filing a municipal lien to secure payment of delinquent
sewer rates, including but not limited to certified mail charges for
notification of intent to include attorneys' fees in the amount of
the municipal lien, attorneys' fees, and filing fees.
C.
Each property owner shall be responsible for all costs which the
Borough incurs in requesting that the public water service provider
terminate water service for nonpayment of sewer rates, including but
not limited to certified mail charges for notification of intent to
terminate water service, fees relating to termination and restoration
of water service, and lost revenue charges of the water service provider.
After the enactment of this article, it shall
be unlawful for any person:
A.
To maintain, use or permit to exist or to be used
on any property connected to the sewer system, or to be connected
to, any cesspool, privy, vault, sinkhole, septic tank or similar receptacle
for the disposal of sanitary sewage, except as permitted by appropriate
authority.
B.
To discharge sanitary sewage from the inside of any
building or structure by any means other than the sewer system.
C.
To establish or permit to exist any connection to
the Borough's sewer system from any cesspool, privy or other receptacle
for sanitary sewage.
D.
To place or deposit or permit to be placed and deposited
upon public or private property or in the manholes of the sewer system
within the Borough any sanitary sewage, provided that sanitary sewage
may be accepted at the sewage disposal plant for processing under
such conditions and for such fees as the Borough Council may prescribe.
E.
To cover over work involved in any connection, repair
or replacement mentioned in this article before it is inspected and
approved by the Borough.
F.
To permit stormwater or groundwater or drainage other
than sanitary sewage to enter or infiltrate into the sewer system;
and no fixtures, joints, or connections which allow such entry shall
be permitted.
G.
To install drainage fixtures, in addition to those
installed upon initial connection with the sewer system, on any premises
without a permit from the Borough, which permit shall be issued without
charge.
H.
To place, deposit or permit to be placed or to be
deposited upon public or private property within this Borough, from
any improved property, any sanitary sewage or industrial wastes, except
as provided in this article.
I.
To connect any privy, vault, cesspool, sinkhole, septic
tank or similar receptacle upon any improved property at any time
with the sewer system of the Borough.
J.
To fail
to properly maintain any building sewer or to refuse to maintain a
building sewer after being provided with written notice from the Borough
to do so.
[Added 1-25-2022 by Ord. No. 2022-01]
[Amended 7-25-1995 by Ord. No. 1995-5; 1-27-1998 by Ord. No.
1998-1]
A.
Any person, firm or corporation (whether owner, occupier, plumber
or other responsible person, firm or corporation) who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 plus costs, including the Borough's
reasonable attorneys' fees, and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 30 days. Each day
that a violation continues shall constitute a separate violation,
and each section violated shall constitute a separate violation. If
any violation shall not be corrected within 10 days after notice from
the Borough served on the property, the Borough may either:
[Amended 11-25-2014 by Ord. No. 2014-6]
(1)
Enter upon the property and correct the defect or make the necessary
connection and charge the cost thereof against the owner or owners
of the property and collect the same by lien or suit;
(2)
Take legal action to compel the owner or owners or occupier or occupiers
to correct the defect or make any required connection;
(3)
Enter upon the property and shut off sewer and/or water service and
restore the same only upon payment of the cost of shutting off and
restoring service and of any work done by the Borough; or
(4)
Pursue any or all of its remedies cumulatively.
B.
Any party aggrieved by an "adjudication," as that
term is defined in the Local Agency Law, 2 Pa.C.S.A. § 101
et seq., may request a hearing by the Borough Council if no other
hearing procedure exists. The request shall be in writing, shall reasonably
describe the decision, determination, ruling or other adjudication
in question and the basis for disagreement with it, shall be signed
by the person or persons aggrieved and contain the addresses and telephone
numbers of the persons claiming to be aggrieved and shall be filed
with the Borough Manager. The request shall be filed within 30 days
of the date the party knew or reasonably should have first known himself
or herself to be aggrieved. The Council shall schedule a hearing and
give reasonable notice thereof to all persons who have requested a
hearing. The procedure shall thereafter be in accordance with the
Local Agency Law.
The use or occupancy of any building or the
use or maintenance of any cesspool, privy, or similar receptacle or
device in violation of this article is hereby declared to be a public
nuisance and, in addition to any other remedies available, may be
abated by the Borough in such manner and by such officers as the Borough
Council may direct at the cost of the owners or occupiers of the property.
A.
The cost and expense of laying out and constructing any and all additions to or modifications of the sewer system as it exists on the effective date of this article shall be assessed against the property benefitted, improved or accommodated by such additions or modifications according to the applicable provisions of the Borough Code then in effect. For the purpose of this article, "property benefitted, improved or accommodated" shall mean any property to which the sewer system is or shall become accessible, as set forth in § 305-2, above, after the construction of such additions or modifications.
B.
Assessment shall be made by resolution, and 30 days'
notice thereof shall be given by the Borough Manager to the owner
of each property assessed, or to his agent, or in the absence thereof
may be left on the premises.
C.
The Borough reserves the following rights, to be exercised
in its sole discretion:
A.
In the event that the Borough has determined to construct an extension of the sewer system at the expense of the owner or owners of properties but has not yet undertaken significant action [as set forth in Subsection A(1) of this section] in furtherance of such construction, then the owner or owners of such properties shall have the right to construct such extension himself or themselves or through a subcontractor approved by the Borough, subject to the following:
(1)
Unless the right to construct such extension shall
be waived by the Borough, such owner or owners shall have no right
to undertake such construction in the event that the Borough shall
have taken any of the following significant actions in furtherance
of the Borough's construction of the extension:
(a)
The obtaining of financing by the Borough for
construction of the extension.
(b)
The execution of a contract for the design and
specification of the extension or the making or award of a contract
for the construction of the extension, which cannot be terminated
by the Borough without obligation and under which the Borough is or
shall be obligated to make payment, absent reimbursement of the Borough
by such owner or owners for expenses incurred under any such contract
and/or assumption by such owner or owners of all obligations under
any such contract with a release of liability of the Borough.
(2)
Any extension of the sewer system to be constructed
by an owner or owners of properties at such owner's or owners' expense
shall be in accordance with the Millersville Borough Manual For Sewer
Extension Construction and shall only be undertaken pursuant to an
agreement, upon terms satisfactory to the Borough, which shall provide,
without limitation:
(a)
That the extension shall be constructed in accordance
with plans and specifications approved by the Borough.
(b)
That the extension shall comply in all respects
with all laws, ordinances, regulations and rules from time to time
in effect and applicable to the construction of the extension of its
use.
(c)
That the extension shall be subject to inspection
during construction by an inspector authorized to approve such construction
and employed by the Borough.
(d)
That the owner or owners or their contractors,
in advance of construction of the extension:
[1]
May, at the option of the Borough, be required
to deposit with the Borough an amount equal to the reasonable and
necessary costs which the Borough estimates it will incur in connection
with the construction of the extension, including, without limitation,
the cost of reviewing plans and specifications, performing inspections
and providing other administrative services, and the reasonable fees
of the engineers and attorneys of the Borough; and
[2]
May, at the option of the Borough, be required
to provide the Borough with financial security for the proper completion
of construction of the extension, which security shall be acceptable
to the Borough and of a type and description as provided in the Municipalities
Planning Code, 53 P.S. § 10101 et seq.
(e)
That, upon completion of construction of the
extension, the owner or owners shall dedicate and the Borough shall
accept the extension, provided that the extension as completed complies
with the approved plans and specifications, all applicable laws, ordinances,
regulations and rules, and the terms of agreement made for such extension.
(f)
That, in the event that the extension provides
future excess capacity of the sewer system to accommodate future development
upon lands of other owners, then the Borough shall reimburse such
owner or owners when the owner of another property not in the development
for which the extension was constructed connects a service connection
directly to the extension within 10 years of the date of the dedication
of such extension to the Borough in accordance with the following:
[1]
Such reimbursement shall be equal to the collection
part of each tapping fee collected as a result of subsequent connection.
The Borough shall be entitled to deduct from each reimbursement payment
an amount equal to 5%, which shall be deemed to represent the appropriate
charge for administrative expenses and services rendered in calculating,
collecting, monitoring and disbursing the reimbursement payments to
the property owner entitled thereto.
[2]
Reimbursement shall be limited to those lines
which have not previously been paid for by the Borough.
[3]
The Borough shall, in the preparation of the
necessary reimbursement agreement with the property owner or owners
for whose benefit reimbursement will be provided, attach as an exhibit
an itemized listing of all sewer facilities for which reimbursement
shall be provided.
[4]
The total reimbursement to which a property
owner or owners shall be entitled shall not exceed the cost of all
labor and material, engineering design charges, the cost of performance
and maintenance bonds, Borough review and inspection charges, as well
as flushing and television charges and any and all charges involved
in the acceptance and dedication of such facilities by the Borough,
less the amount which would be chargeable to such property owner based
upon the Borough's collection and distribution of tapping fees which
would be applicable to all lands of the property owner served directly
or indirectly through such extensions if the property owner did not
fund the extension.
[5]
The Borough shall be required to notify, by
certified mail, to their last known address, the property owner or
owners for whose benefit such reimbursement shall apply within 30
days of the Borough's receipt of any such reimbursement payment. In
the event that the property owner or owners have not claimed a reimbursement
payment within 120 days of the mailing of the notice, the payment
shall revert to and become the sole property of the Borough with no
further obligation on the part of the Borough to refund the payment
to the property owner or owners.
(g)
That, upon completion of the extension and application
for connection of such extension to the sewer system, the owner or
owners shall pay the tapping fee or fees due with respect to their
properties as imposed under this article, subject to any rights of
reduction to which such owner or owners would be entitled as provided
herein.
The Borough reserves the right to and may from
time to time adopt, revise and amend such rules and regulations as
it deems necessary and proper for the use and operation of the sewer
system.
[Added 7-23-1996 by Ord. No. 1996-6;
amended 1-27-2009 by Ord. No. 2009-1; 11-25-2014 by Ord. No. 2014-6]
A.
Grease interceptors and oil/water separators are required of all
new commercial and industrial facilities involved in the preparation
of food, including but not limited to motels, cafeterias, restaurants,
hospitals, schools and other institutions. Oil/water separators are
required of vehicle repair facilities and car washes which have floor
drains discharging into the sewer system. Existing commercial and
industrial facilities may be required to install such interceptors
and/or separators when, in the opinion of the Borough's Engineer,
they are necessary for the proper handling of liquid wastes containing
grease and oil in amounts sufficient to cause obstruction to the flow
in the sewer or to interfere with the operation of the wastewater
treatment facilities, except that such interceptors and separators
shall not be required for dwelling units.
(1)
The concentration of fats, oils and grease that can be discharged
into the sewer system shall not exceed 80 mg/l.
B.
All interceptors and/or separators shall be of a type and capacity
approved by the Borough and shall be located as to be readily and
easily accessible for cleaning, inspection and sampling. Such interceptors
and/or separators shall be inspected, cleaned and repaired regularly,
as needed, by the owner at the owner's expense. In the maintaining
of these grease interceptors and/or oil/water separators, the owner
shall be responsible for the proper removal and disposal of the captured
material and shall maintain records of the dates and means of disposal,
which are subject to review by the Borough. Any removal and hauling
of the collected materials not performed by the owner must be performed
by currently licensed waste disposal firms.
C.
Grease interceptor sizing and design criteria.
(1)
Size, type and location of grease interceptors shall be in accordance
with the manufacturer's instructions and the requirements of the Borough.
(2)
Sizing requirements. Sizing methods described herein are intended
as guidance in determining grease interceptor sizes that will afford
the sewer system a minimum degree of protection against grease and
other obstructing materials. In approving a customer's plumbing or
grease interceptor design, the Borough does not accept liability for
the failure of a system to adequately treat wastewater to achieve
effluent quality requirements. It is the responsibility of the owner
of the improved property and the generator to ensure the appropriate
level of treatment necessary for compliance with environmental and
wastewater regulations. Minimum acceptable grease interceptor sizing
shall be accomplished as follows:
(a)
Sizing according to formulas found in § 305-21C(3) below.
(b)
Under no circumstances should exterior grease interceptors less
than 750 gallons be utilized. Where sizing formulas result in determination
of a grease interceptor less than 750 gallons in capacity, minimum
size is required.
(c)
In the circumstances of single-service kitchens with no food
preparation (heat/service only) and which use only paper service items,
a minimum of 50 gallons per minute (gpm) flow-rated or one-hundred-pound
grease-retention mechanical grease interceptors may be used. In these
instances, the grease interceptor is to be installed in an area separate
from the food-handling area, and the grease interceptor must be readily
accessible for cleaning and maintenance.
(3)
Grease interceptor sizing formulas. Sizing of grease interceptors
is based on wastewater flow and grease retention capacity. Exterior
grease interceptors may be installed in series if greater capacity
is needed. It is the responsibility of the generator and the owner
of the improved property to ensure that wastewater discharge is in
compliance with the Borough's discharge limitations. For the purpose
of plan review, a general assessment of grease interceptor design
and size will be performed using the following formulas which are
recommended by the EPA for grease interceptor sizing.
(a)
Method 1: EPA grease interceptor sizing formula taken from Chapter
8 of EPA's October 1980 Design Manual: On-site Wastewater Treatment
and Disposal System; Document No. EPA 625/1-80-012.
(b)
Method 2: Uniform Plumbing Code.
(c)
Method 3: Alternate sizing formulas/proposals. Facilities that
propose the use of alternate sizing techniques and/or procedures that
result in specifications that differ from calculated requirements
must submit formulas and other bases to support proposed grease interceptor
size/installation. Submission should also provide documentation of
the ability to meet effluent quality requirements. This proposal must
be signed by a licensed plumbing contractor or engineer licensed in
the Commonwealth of Pennsylvania.
(d)
Method 4: In cases where the Borough permits indoor grease interceptors,
the indoor grease interceptors shall be designed in accordance with
the Plumbing and Drainage Institute Standard PDI-G101. Indoor grease
interceptors will not be approved for food-service establishments
that are equipped with dishwashers or food waste grinders.
(4)
Construction/installation: All permitting, construction and inspection
activities must be completed in accordance with the Uniform Construction
Code as adopted by the Borough. Additionally, the following specifications
must be incorporated into grease interceptor design:
(a)
The grease interceptor shall be constructed with a minimum of
two chambers or shall have a minimum of two tanks in series. If two-chambered,
the dividing wall must extend to within one foot of the bottom of
the tank and within two inches of the top and be securely fastened
to both sides.
(b)
There must be inlet and outlet tees installed, made of schedule
40 PVC or other noncarbon steel and noncorroding material such as
concrete. The inlet tee should extend down approximately 1/3 the depth
of the grease interceptor from the top, and the outlet tee should
be located 12 to 18 inches off of the bottom of the grease interceptor.
Inability to visually inspect tees during cleanout of the interceptor
will require entry into the grease interceptor at least once every
five years.
(c)
Grease interceptors are to be installed at a minimum distance
of 10 feet from sinks and dishwashers to allow for adequate cooling
of wastewater. Water temperatures must be less than 140° F. prior
to entering the grease interceptor.
(d)
Grease-bearing waste streams should be routed through an appropriate
grease interceptor, including: three-compartment sinks, pot/pan sinks,
soup kettles, hand-washing sinks, dishwashers, mop sinks and floor
drains. Notable exceptions: Drains that receive clear water only,
such as from ice machines, condensate from coils and drink stations,
may be plumbed to the sewer system without passing through the grease
interceptor with the condition that the receiving drain is a hub type
that is a minimum of two inches above the finished floor.
(e)
If deemed necessary by the Borough Engineer, exterior or recessed
grease interceptors are to be installed with an effluent sampling
chamber. The effluent sampling chamber shall be configured with a
hydraulic jump on the discharge side of the grease interceptor. A
cleanout shall be provided on the outlet side of the grease interceptor.
(f)
Grease interceptors shall be constructed of impervious materials
capable of withstanding abrupt and extreme changes in temperature.
Interceptors shall be of substantial construction, watertight, and
equipped with easily removable covers which, when bolted in place,
shall be gastight and watertight.
(g)
Each chamber shall have its own manhole. Manholes shall be finished
to grade to allow easy access for proper maintenance.
(h)
The grease interceptor and sampling chamber shall be designed
and constructed in a manner substantially the same as Exhibit B to
this section.[1]
[1]
Editor's Note: Exhibit B is included as an attachment to this chapter. Said exhibit was originally titled "Exhibit A" but was redesignated as "Exhibit B" upon codification to avoid confusion with the existing Exhibit A, Act 57 Tapping Fee Report, Wastewater.
(5)
Oil/water separators shall be of a type and size proposed by the
owner and approved by the Borough Engineer prior to installation.
(6)
Prior to the installation of a grease interceptor or oil/water separator,
the owner of the property shall provide the Borough with a sketch
that adequately sets forth the specifications of the grease interceptor
or oil/water separator. The Borough, after payment of a review fee
as set forth from time to time by resolution of the Borough Council,
shall promptly review the sketch and determine whether the grease
interceptor or oil/water separator meets the Borough's requirements.
D.
The Borough Council shall adopt additional regulations, when deemed
necessary, to implement these requirements or to adopt other standards
or specifications for grease interceptors or oil/water separators.
[Adopted 4-17-2001 by Ord. No. 2001-2]
The article shall be known and may be cited
as the "Millersville Borough Sewer System Tapping Fee Ordinance."
In the interpretation of this article, the singular
shall include the plural and the masculine shall include the feminine
and neuter. The following terms shall have the meanings indicated:
The Municipality Authorities Act, 53 Pa.C.S.A. § 5601
et seq., as amended and supplemented.
[Added 8-9-2005 by Ord. No. 2005-6]
The Borough of Millersville, Lancaster County, Pennsylvania.
Any room, group of rooms, mobile home, building or other
enclosure connected, directly or indirectly, to the sewer system and
occupied or intended for occupancy as a separate living quarters by
a family or any other group of persons living together or by a person
or persons living alone. A dwelling unit shall be considered a household
or a residential customer, as such terms are used in Section 5607(d)(24)
of the Authorities Act.[1] Each dwelling unit shall be considered one EDU.
[Amended 8-9-2005 by Ord. No. 2005-6]
An equivalent dwelling unit; the amount of wastewater discharged
into the sewer system by an average dwelling in a day, which is estimated
to be 238 gallons per day, and which figure includes a factor to account
for inflow and infiltration. Nonresidential establishments shall be
assigned a number of EDUs based upon the estimated or actual wastewater
discharged, and each 238 gallons per day of wastewater discharged
or estimated to be discharged, together with the factor for inflow
and infiltration, shall be considered one EDU, with such wastewater
discharge being calculated using the consecutive ninety-day period
with the highest discharge.
[Amended 8-9-2005 by Ord. No. 2005-6]
Any property upon which there is erected a structure intended
for continuous or periodic habitation, occupancy or use by human beings
or animals and from which structure wastewater shall be or may be
discharged.
Any structure or any portion thereof intended to be used,
wholly or in part, for the purpose of carrying on a trade, business
or profession or for social, amusement, religious, educational, charitable,
institutional or public uses or used or intended to be used in the
operation of a business enterprise for manufacturing, processing,
cleaning, laundering or assembling any product, commodity or article
and which contains plumbing for kitchens, toilets or washing facilities,
excluding dwelling units.
Any person vested with the ownership, legal or equitable,
sole or partial, of any improved property.
Any individual, partnership, estate, trust, firm, association,
corporation, municipality, municipality authority, school district
or any other group or legally recognized entity and the members of
such partnership or association and the officers of such corporation.
The wastewater collection and conveyance facilities and the
wastewater treatment plant owned and operated by the Borough.
A fee imposed to enable the recovery of the equity in the
sewer system, which shall be composed of a capacity part and a collection/conveyance
part and may, in the future, if warranted, include for some customers
a special purpose part and/or a reimbursement part. A tapping fee
shall be considered the fee referred to as a "tapping fee" in the
Authorities Act.
[Amended 8-9-2005 by Ord. No. 2005-6]
[1]
Editor's Note: See 53 Pa.C.S.A. § 5607(d)(24).
All persons desiring to connect an improved property to the sewer system shall comply with all requirements and pay all fees established by Article I of this chapter and any applicable Borough resolutions.
A tapping fee as set forth in § 305-26 of this article is imposed upon and shall be collected by the Borough from the owner of each improved property who or which shall physically connect such improved property to the sewer system or who or which shall expand, change or intensify the use of an improved property previously connected to the sewer system, for the use of the sewer system, whether such use or the expansion, change or intensification of such use shall be direct or indirect. A tapping fee is charged for each dwelling unit and each nonresidential establishment as set forth in § 305-26.
A.
Each owner of improved property shall pay a tapping
fee for the use, ability to use, or expansion of use of the sewer
system, calculated as follows:
[Amended 8-9-2005 by Ord. No. 2005-6; 11-22-2011 by Ord. No.
2011-6; 11-25-2014 by Ord. No. 2014-6; 5-25-2021 by Ord. No. 2021-01]
B.
In case of a combination of one or more dwelling units,
each thereof having use of the sewer system through one connection,
each such dwelling unit shall be charged the fee herein provided as
though each dwelling unit had a direct and separate connection to
the sewer system. Each dwelling unit in a double house, row or connecting
houses and in a trailer park or mobile home park shall be considered
as a separate entity for the purpose of calculating the tapping fee.
In the case of apartment buildings, each apartment shall be considered
a dwelling unit, and one tapping fee shall be paid for each dwelling
unit within the apartment building.
C.
The amount of the tapping fee for connection of each nonresidential
establishment to the sewer system shall be based upon the number of
EDUs attributable to the use based upon estimated water consumption.
If necessary, the water consumption shall be estimated by the property
owner or property owner's engineer and reviewed by the Borough or
the Borough's consulting engineer using standard engineering data
and procedures. In no event shall the tapping fee for an improved
property be less than the tapping fee for one dwelling unit or EDU.
[Amended 8-9-2005 by Ord. No. 2005-6; 11-25-2014 by Ord. No.
2014-6]
D.
If an applicant for capacity in the sewer system or an owner of improved
property which will expand its use of the sewer system has submitted
or shall submit a planning module for land development to the Pennsylvania
Department of Environmental Protection or a local agency which has
been delegated to approve such planning documents in accordance with
Act 149 of 1994,[1] which sets forth the capacity in the sewer system required
by the applicant or the owner for the improved property, the amount
of the tapping fee shall be based upon the number of EDUs attributable
to the use or expansion of the use calculated using the capacity requirement
set forth in the Planning Module For Land Development.
[Amended 11-25-2014 by Ord. No. 2014-6]
[1]
Editor's Note: Act 149 of the 1994 amended the Pennsylvania
Sewage Facilities Act; see 35 P.S. § 750.1 et seq.
E.
The tapping fee shall not be charged for the reoccupancy
of vacant buildings where flows have temporarily been reduced or eliminated.
Should any owner of any improved property connected
to the sewer system expand, change or intensify the use of said improved
property, the owner shall pay a tapping fee calculated in the manner
set forth in this article upon the expanded, changed or intensified
portion of such use of the sewer system by the improved property.
Examples of an expansion, change or intensification of the use of
an improved property shall include but shall not be limited to the
installation of an additional dwelling unit or units in an existing
dwelling or the commencement of a home occupation which requires use
of the sewer system, such as a beauty salon or barbershop, the conversion
of a warehouse to a restaurant or manufacturing facility, or the adding
of a third work shift to an industrial processing operation. A change
in sewage flows generated by an improved property of more than 500
gallons per day on the basis of average daily flows over the prior
12 months shall be considered an expansion of the use of the sewer
system, regardless of whether the improved property has been enlarged
or any new use has been instituted. The Borough may compare current
flow rates with flow rates previously approved by means of the payment
of the tapping fees or the approval of a planning module for land
development or with the last calendar-year average daily flow based
on water meter readings for the entire year to determine whether there
has been a change in sewage flows exceeding 500 gallons per day, regardless
of whether the improved property has been expanded or any new use
has been instituted.
The tapping fee shall be due and payable at the time application is made to the Borough to make any such connection to the sewer system as provided in Article I of this chapter, or at the time application is made to the Borough for a zoning or building permit, or on the date when the Borough shall connect any such improved property to the sewer system at the cost and expense of the owner when such owner shall have failed to make such connection as required by the Borough pursuant to the provisions of Article I of this chapter, or when the use of an improved property connected to the sewer system is expanded, as the same may hereafter be amended or supplemented, whichever shall occur earlier.
All tapping fees shall be payable to the Treasurer
of this Borough or to such other officer or representative of this
Borough as shall be authorized, from time to time, to accept payment
thereof. Tapping fees which are not paid in full when due shall bear
interest at the rate of 12% per annum or at the rate of any outstanding
debt incurred by the Borough, whichever is greater.
The tapping fees imposed hereunder shall be in addition to any fees or charges imposed by Article I, Sewer Rates and Regulations, of this chapter or any other fees or charges fixed or imposed by the Borough by reason of the reservation of capacity in the sewer system or the use, or availability for use, of the sewer system.
Any person who or which shall violate or shall
assist or permit any other person to violate any of the provisions
of this article shall, upon conviction thereof in a summary proceeding,
be sentenced to pay a fine of not less than $100 nor more than $1,000;
and in default of payment of the fine, such person shall be liable
to imprisonment for not more than 30 days.
In addition to or in lieu of the penalties provided in § 305-31 hereof, the Borough may commence actions to collect fees which are due and payable under this article and/or may file a municipal claim for the unpaid fees, plus costs of collection, including reasonable attorney's fee incurred by the Borough, against the improved property. Any violations of this article may be abated by proceeding against the violator in a court of equity for relief.
[Amended 8-9-2005 by Ord. No. 2005-6]
This Borough reserves the right, from time to
time, to adopt modifications of, supplements to, or amendments of
this article. The Borough reserves the right to establish separate
service areas which may have a special purpose part and/or reimbursement
part of the tapping fee in addition to the capacity part and collection
part imposed throughout the sewer system. Where an extension of the
sewer system has been made at the expense of a private person, the
Borough reserves the right to require payment of a reimbursement part
of the tapping fee.
[Added 8-9-2005 by Ord. No. 2005-6;
amended 11-22-2011 by Ord. No. 2011-6; 5-25-2021 by Ord. No. 2021-01]
In accordance with the requirements of the Authorities
Act, as amended by Act 57 of 2003,[1] a report showing the calculation of the tapping fees imposed
by this article is attached hereto as "Exhibit A" and incorporated
herein and all prior reports are considered supplemented by such report.[2]
[1]
Editor's Note: See 53 Pa.C.S.A. § 5607.
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
