[Adopted 4-6-1982 as Ch. 174, Art. III, of the 1981 Code]
Unless the context specifically indicates otherwise, the meanings of terms used in this article shall be as follows:
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen, expressed in parts per million by weight, utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five (5) days at twenty degrees centigrade (20º C.). The standard laboratory procedure shall be that found in the latest edition of Standard Methods for the Examination of Water and Sewage, published by the American Public Health Association.
BOROUGH
The Borough of Norristown, Montgomery County, Pennsylvania.
DOMESTIC SEWAGE
The normal water-carried household and toilet wastes from residences and commercial and industrial establishments.
INDUSTRIAL USER
Any user which discharges wastes or wastewater other than primarily domestic sewage.
INDUSTRIAL WASTES
See § 258-39 of this article.
PARTS PER MILLION (ppm)
The ratio of parts by weight of material under consideration to one million (1,000,000) parts by weight of sewage.
pH
The logarithm of the reciprocal of the hydrogen ion concentration, expressed in moles per liter, and indicates the degree of acidity or alkalinity of a substance.
SEWER SYSTEM
The main conduit with its appurtenant lateral conduits to the curbline and necessary accessories.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtration.
TOXIC SUBSTANCE
Any poisonous substance.
USER
The party connected to the sewer system.
A. 
Any owner of property abutting on or adjoining any street or alley in which a sewer is located shall make a connection with such sewer for the purposes of discharging all household drainage and waste matter.
B. 
Such owner shall be given forty-five (45) days' notice of the provisions of this section requiring such sewer connection; and upon failure to make such connection, the borough may make the same and collect the cost thereof from the owner by a municipal claim or in an action of assumpsit.
A. 
All buildings shall be kept provided with proper metallic leaders for conducting the water from the roofs in such manner as shall protect the walls and foundations of such buildings from injury. In no case shall the water from leaders be allowed to flow upon the sidewalk, but the same shall be conducted by a pipe to the storm sewer. If there is no storm sewer in the street upon which such buildings front, then the water from the leaders shall be conducted, by proper pipes, below the surface of the sidewalks to the street gutter. Cast-iron, steel or wrought iron pipe must be used under sidewalks.
B. 
The use of Orangeburg and Transite pipe is permitted in conducting rainwater to street gutters only, but not under sidewalks.
C. 
No stormwater from pavements, areaways, roofs or other sources shall be admitted to the sanitary sewers herein approved, which shall be used exclusively as carriers of domestic sewage and suitable industrial wastes.
D. 
Stormwater shall be admitted only to such sewers as are specifically approved for use as combined sewers.
E. 
Attention is directed to the necessity of having a qualified person make proper study of all industrial wastes proposed for discharge to the public sewer system to determine the degree of preliminary treatment, if any, which is necessary before these wastes may be discharged to the system.
F. 
No industrial wastes shall be discharged to the sewer system which will prejudicially affect the sewerage structures or their functioning or the processes of sewage treatment, and any permission granted by the permit granting authority for industrial waste discharge into the sewer system should reserve to the permit granting authority the right to regulate the rate of such discharge or to require such further preliminary treatment as may be necessary or the exclusion of the industrial wastes from the sewers if this is deemed necessary to protect the permit granting authority's interests.
G. 
In accordance with the provisions of state laws regarding connection to sewers and the rules and regulations of the Pennsylvania Department of Health pertaining thereto, the permit granting authority shall forthwith require all occupied buildings on premises accessible to a public sewer used in conformity with the requirements of state laws to be connected thereto and shall also require the abandonment of privies, cesspools or similar receptacles for human excrement on such premises and shall also prohibit any connection with any privy vault or cesspool being made to any approved sewers.
H. 
The use of Schedule 40 PVC pipes shall be permitted. The use of terra cotta, howeer, shall not be permitted.
[Amended 5-4-1993 by Ord. No. 93-11]
No privy vault or cesspool for sewage or septic tank shall hereafter be constructed in any part of the borough where a sewer is at all accessible, which shall be determined by the Borough; nor shall it be lawful to continue a privy vault or cesspool on any lot, piece or parcel of ground abutting on or contiguous to any public sewer within the borough limits. The Borough shall have the power to issue notice giving forty-five (45) days to discontinue the use of any cesspool and have it cleaned and filled up. No connection for any cesspool or privy vault shall be made with any sewer; nor shall any water closet or house drain empty into a cesspool or privy vault where a sanitary sewer is available.
[Amended 9-1-1992 by Ord. No. 92-19]
The construction of new sewer lines and connections will be conducted only under and in accordance with the rules, regulations and requirements of the Pennsylvania Department of Environmental Resources; Chapter 236, Plumbing Standards, of the Norristown General Laws; and the Articles of this Chapter 258, Sewers and Sewage Disposal.
A. 
There shall be a separate plan for each building, public or private, or any addition thereto or alterations thereof, accompanied by specifications showing the location, size and kind of pipe, traps, closets and fixtures to be used, which plans and specifications shall be filed with the Plumbing Inspector or Borough, together with an application for certificates and inspection of the work by the Plumbing Inspector. At the time of filing the plans and specifications and application, the applicant shall pay a certification and inspection fee. The fees for permits and inspections shall be as authorized by resolution of the Norristown Borough Council.
[Amended 5-4-1993 by Ord. No. 93-11]
B. 
Such plans and specifications shall be furnished by the architect, plumber or owner and filed by the plumber. After plans have been filed, all applications for change therein must be made in writing. Plans filed for the correction of any complaint must designate the approximate time for the completion thereof. Small jobs for which plans are filed, up to the cost of one thousand dollars ($1,000.), must be completed within one (1) year. If not completed in the one-year period, the plan becomes void, and a new plan must be submitted.
[Amended 5-4-1993 by Ord. No. 93-11]
Plumbers, before commencing the construction or renewal of plumbing work in any building in the borough (except in case of repairs, which are here defined to relate to the mending of leaks in soil, vent or waste pipes, faucets, valves and water supply pipes and shall not be construed to admit the replacing or installation of any fixture or traps such as water closets, bathtubs, washstands, sinks, refrigerator cases, soda or bar fixtures, etc.), shall submit to the Plumbing Inspector or Borough plans and specifications, legibly drawn in ink, on blanks to be furnished by Borough. Where two (2) or more buildings are located together and on the same street and the plumbing work is identical in each, one (1) plan will be sufficient. Plans will be approved or rejected within six (6) eight-hour working days after their receipt.
[Amended 5-4-1993 by Ord. No. 93-11]
A. 
The main drainage system of every house or building must be separately and independently connected with the street sewer, but where one building exists or is erected in the rear of another or an interior lot of single ownership and no private sewer is available or can be made for the rear building through an adjoining alley, courtyard or driveway, the house drain from the front building may be extended to the rear building, and the whole will be considered as one house or building drain. No house or building drain shall cross or pass under any party wall or fie wall, whether or not the walls are constructed or altered with the door openings. Where there are plumbing repairs being made to old buildings where this situation exists, the house drains must be separated and independently connected with the street sewer. This applies to all old and new buildings. Where it is necessary to construct a private sewer to connect with a sewer on an adjacent street, such plans may be used as may be approved by the Plumbing Inspector or Borough, but in no case shall joint drains be laid in cellars parallel with the street or alley.
B. 
Drains or soil pipes laid beneath floors must be medium or extra-heavy cast-iron pipes, as specified in § 258-32 of this article, with leaded and caulked joints, carried five feet outside the cellar wall. All drains or soil pipes connected with the main drain where it is above the cellar floor must be of medium-weight cast-iron pipe or extra heavy with leaded adn caulked joints or of standard galvanized genuine wrought iron pipe, galvanized steel pipe, iron-pipe-wieght brass pipe, iron-pipe-weight copper pipe, heavy duty cast-iron pipe or Schedule 40 PVC, with screw joints properly secured, and all arrangements of soil or waste pipes shallb e as direct as possible. The use of terra cotta shall not be permitted. Changes of direction on pipes must be made with Y-brances, both above and below the ground, and where such pipes pass through a new foundation wall, a relieving arch must be built over it, with a two-inch space on either side of the main pipe.
C. 
The size of the main house drain must be determined by the total area of the buildings and paved surfaces to be drained, according to the following table, if iron pipe is used. Heavy duty cast-iron pipes or Schedule 40 PVC are permitted, but the use of terra-cotta shall not be permitted.
Diameter
(inches)
Fall 1/4 Inch Per Foot
(square foot drain area)
Fall 1/2 Inch Per Foot
(square foot drain area)
4
1,800
2,500
5
3,000
4,500
6
5,000
7,500
8
9,100
13,600
10
14,000
20,000
D. 
The main house drains may be decreased in diameter beyond a rainwater conductor or surface inlet by permission of the Plumbing Inspector or Borough when the plans show that conditions are such as to warrant such decrease, but in no case must the main house drain be less than four inches in diameter.
A. 
All cast-iron pipes must be sound, free from holes and of uniform thickness, known as "medium-weight pipe," and corresponding fittings will be required. The pipe must be tested to fifty (50) pounds of water pressure and marked with the maker's name.
B. 
Pipes shall weigh as follows:
(1) 
Two-inch pipe: four (4) pounds per linear foot.
(2) 
Three-inch pipe: six (6) pounds per linear foot.
(3) 
Four-inch pipe: nine (9) pounds per linear foot.
(4) 
Five-inch pipe: twelve (12) pounds per linear foot.
(5) 
Six-inch pipe: fifteen (15) pounds per linear foot.
(6) 
Eight-inch pipe: twenty-five (25) pounds per linear foot.
(7) 
Ten-inch pipe: thirty-five (35) pounds per linear foot.
(8) 
Twelve-inch pipe: forty-five (45) pounds per linear foot.
C. 
For buildings over sixty (60) feet in height, extra-heavy cast-iron soil pipe shall be used. Pipes shall weigh as follows, and corresponding fittings will be required:
(1) 
Two-inch pipe: five (5) pounds per linear foot.
(2) 
Three-inch pipe: nine (9) pounds per linear foot.
(3) 
Four-inch pipe: twelve (12) pounds per linear foot.
(4) 
Five-inch pipe: fifteen (15) pounds per linear foot.
(5) 
Six-inch pipe: nineteen (19) pounds per linear foot.
(6) 
Eight-inch pipe: thirty (30) pounds per linear foot.
(7) 
Ten-inch pipe: forty-three (43) pounds per linear foot.
(8) 
Twelve-inch pipe: fifty-four (54) pounds per linear foot.
[Amended 5-4-1993 by Ord. No. 93-11]
It shall be the duty of every person constructing or owning any drain, soil pipe, passage or connection between a sewer and any ground, building, erection or place of business, and in like manner the duty of the owners of all grounds, buildings, erections and all parties interested therein or thereat, to cause and require that such drain, soil pipe, passage or connection shall be adequate for its purpose and shall at all times allow to pass freely all material that enters or should enter the same. No change of drainage, sewage or the sewer connection of any house shall be permitted unless notice thereof shall have been given the Plumbing Inspector or Borough and assent thereto shall have been obtained in writing.
[Amended 5-4-1993 by Ord. No. 93-11]
Old house drains and sewers may be used in connection with new buildings or new plumbing only when they are found, on examination by the Borough, to conform in all respects to the requirements governing new sewers and drains.
[Amended 9-1-1992 by Ord. No. 92-19]
The minimum grade and size for building sewers and requirements for building sewer materials shall be as set forth in the current edition of the Building Officials and Code Administrators National Plumbing Code, as adopted by the borough.[1]
[1]
Editor's Note: See Ch. 236, Plumbing Standards.
A. 
The house sewer shall be constructed so as to meet the sewer at the position of the Y-branch as located on the plans and drawings of the Borough Engineer. The cover of the Y-branch on the sewer shall be carefully removed so as not to injure the socket. The pipe shall be laid on even grade of not less than one-fourth (1/4) of an inch to the foot, except by special permission from the Borough Engineer, in which case provision shall be made for regular and efficient flushing. Curved pipe shall be used for deflection from a straight line of more than six (6) inches in two (2) feet.
B. 
All connections with any sewer, drain, soil pipe, waste pipe, water service pipe or any other pipe connected thereto shall be made under the supervision of a plumber who shall be registered in the office of the Plumbing Inspector.
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described wastes or waters to the sewer system:
A. 
Any liquid or vapor having a temperature higher than one hundred sixty degrees Fahrenheit (160º F.).
B. 
Any water or waste containing more than one hundred (100) ppm by weight of any combination of fats, oils or greases.
C. 
Any liquids, solids or gases which, by reason of their nature or quality, may cause fire or explosion or be in any other way injurious to persons, to the sewage collection or treatment structures or to the operation of these works.
D. 
Any noxious or malodorous gas or substance which, either singly or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or preventing entry into sewers for their maintenance and repair.
E. 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, bones, feathers, tires, plastic, wood, manure, butchers' offal or any other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage system or the sewage treatment works.
F. 
Any water or waste having a pH lower than five point five (5.5) or higher than nine point five (9.5) or having any corrosive property capable of causing damage or hazard to structures, equipment or personnel of the sewage works.
G. 
Any water or waste containing any toxic substances in quantities sufficient to interfere with the biochemical processes of the sewage treatment works or exceeding the state or interstate requirements for the receiving stream.
H. 
Any water or waste containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
I. 
Any toxic radioactive isotopes, without special permit.
J. 
Any water or waste that contains heavy metals or toxic materials which exceed federal or state standards.
K. 
Any garbage, except garbage properly ground in a garbage-grinding device conforming to the requirements of the borough.
A. 
There shall be permitted in the borough, for domestic operation only, mechanically operated garbage grinders emptying into the sanitary sewerage system of the borough under and in conformance with the conditions set out in this section.
B. 
No person shall permit garbage, fruit, vegetable, animal or other soil kitchen waste materials to be thrown or deposited into any receptacle connected with a sanitary sewer; provided, however, that such materials from individual dwelling units may be admitted to the sanitary sewer if first passed through a mechanically operated grinder designed as provided in this section.
(1) 
Such garbage grinder shall be automatically controlled by a device which shall permit the grinder to operate only in the presence of cold water flowing into the grinder and through the sink drain line at a prescribed flow rate of from one and one-half (1 1/2) to two and one-half (2 1/2) gallons per minute and in such a manner as to congeal and aerate the solid and liquid greases within the grinding unit.
(2) 
Such garbage grinder shall discharge wastes at a reasonably uniform rate in fluid form which shall flow readily through an approved trap, drain line or soil line in a manner which will prevent clogging or stoppage of the drain line.
(3) 
Such garbage grinder shall be of such construction and have such operating characteristics that not more than five percent (5%) by weight of all material discharged from it shall have any drainage larger than a one-eighth-inch cube and not more than five percent (5%) by weight shall pass through a No. 40 sieve. Weight can be taken on a dry basis.
(4) 
Such garbage grinder shall be self-scouring, with no fouling surfaces to cause objectionable odors.
(5) 
Such garbage grinder shall be free from electrical or mechanical hazards. The grinding compartment shall be inaccessible during operation.
(6) 
The final decision as to the sufficiency or the design of such garbage grinder to meet the requirements of this section shall rest with the Plumbing Inspector.
(7) 
Such garbage grinder shall be permanently connected to the drain in compliance with this article and be free from any cross-connection.
(8) 
The entire installation of such garbage grinder shall comply in all particulars with approval of this article and Chapter 143, Electrical Standards.
C. 
No person, either as owner, contractor, plumber, workman or otherwise, shall in any case install any mechanically operated garbage grinder in the borough until a permit for such installation shall first have been obtained from the Plumbing Inspector of the borough.
D. 
Formal application for permits to install mechanical garbage grinders shall be made to the Plumbing Inspector upon such forms as he shall prescribe and shall be submitted together with such plans as he shall require.
E. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection E, dealing with the application fee for installation of mechanical garbage grinders, was repealed 5-4-1993 by Ord. No. 93-11.
A. 
Definition of wastes. "Industrial wastes" shall be defined as water or wastes discharged from an industrial or commercial user having one (1) or more of the following characteristics:
(1) 
The five-day twenty-degree-centigrade BOD is greater than three hundred (300) ppm.
(2) 
The suspended solids content is greater than three hundred fifty (350) ppm.
(3) 
The content is of a toxic or nonbiodegradable substance.
(4) 
The wastes are considered by the borough to offer possibilities of harm to any of its sewerage facilities.
(5) 
The wastes are other than domestic sewage.
(6) 
The water consumption exceeds eleven thousand (11,000) gallons per employee per year for industrial or commercial firms and/or thirty-six thousand five hundred (36,500) gallons per patient or bed per year for hospitals and/or thirty-six thousand five hundred (36,500) gallons per inmate or resident per year for public facilities or institutions.
(7) 
Domestic sewage flows from residential or multiple-family dwellings shall not be considered industrial wastes.
B. 
Requirements and responsibilities of users.
(1) 
All existing industrial establishments which, upon the date of adoption of this article, are discharging industrial wastes to the sewer system shall, upon request by the borough, file within one (1) month a questionnaire (supplied by the borough) which shall furnish all pertinent data, including the quantity of flow and an analysis of their discharge.
(2) 
Existing establishments which are already connected may continue to discharge without an immediate detailed report to the borough. However, the borough may, in the future, require that those industries furnish a detailed report prepared by a registered professional engineer acceptable to the borough. The report must set forth a complete analysis of quantities, loading and characteristics, present and future, in conformance with the provisions of this article.
(3) 
New establishments shall not begin to discharge any industrial waste into the sewer system until the establishment has first submitted a written application to the borough for permission to do so and accompanied the same with a detailed report prepared by a registered professional engineer acceptable to the borough. The report must set forth a complete analysis of quantities, loading and characteristics, present and future, in conformance with the provisions of this article.
(4) 
The borough reserves the right to refuse any industrial waste discharge, to require pretreatment facilities or to compel discontinuance of the use of its facilities. Should the borough decide to accept such industrial wastes, they will be accepted only after satisfactory agreements have been entered into between the borough and the industrial user, which may provide for the pretreatment of such industrial wastes by the industrial establishment to prevent the discharge of wastes deemed to be harmful to the sewer system.
C. 
Analysis and flow measurement.
(1) 
Analysis of sewage shall be made by using the laboratory methods for the examination of industrial waste as set forth in the latest edition of Standard Methods for Examination of Water and Sewage, as published by the American Public Health Association. Samples collected shall be of the twenty-four-hour composite type, collected over a three-day period.
(2) 
Any user discharging industrial or industrial and domestic wastes into the sewer system shall construct and maintain at its expense suitable control manholes to allow measurement and sampling of its wastes. These manholes shall be approved by and be accessible to authorized representatives of the borough.
(3) 
If required, in the opinion of the borough, the user shall provide, at his expense, whatever pretreatment may be necessary to bring the waste being discharged within the limits set forth in this article.
(4) 
If required, in the opinion of the borough, the discharger of industrial wastes shall install a suitable device for continuously indicating, recording, totalizing and/or controlling the flow discharged to the sewer system. All measuring devices and related facilities shall be approved by and be under the control of the borough. The discharger shall install and maintain such facilities at his own expense.
D. 
Surcharge for industrial waste.
(1) 
If the nature of the industrial waste received from any user imposes a burden on the borough's facilities or if treatment of the same results in an increase to the borough in the cost of operating and maintaining the sewer system, the borough will impose an additional service charge (hereinafter called the "surcharge") upon the user. Said surcharge shall be collected in addition to and by the same means as the regular sewer rental rate set forth under the provisions of this article and shall be subject to the same penalties.
(2) 
If an industrial waste is found to have an average BOD in excess of three hundred (300) ppm or suspended solids in excess of three hundred fifty (350) ppm, the discharge of said waste shall be surcharged in accordance with the following formula:
Where
F
=
The surcharge factor applied to the sewer rent charge.
Bi
=
The average concentration for the billing period of BOD in the industrial effluent in ppm.
Si
=
The average concentration for the billing period of suspended solids in the industrial effluent in ppm.
(3) 
Upon the issuance of any permit for the discharge of industrial waste requiring treatment of characteristics other than BOD and suspended solids, the borough shall establish the rent to be paid for the use permitted thereunder; and upon approval by the borough, such rent shall be deemed imposed under this article.
A. 
Any person or persons, corporation, partnership or other entity whatsoever violating any of the provisions of this article shall, upon conviction, be sentenced to pay a fine not to exceed the maximum fine of six hundred dollars ($600.), plus costs of prosecution, and in default of payment of such costs of prosecution, shall be sentenced to imprisonment for a term not exceeding thirty (30) days; provided, however, that if the District Justice determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Justice deems to be just.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B, dealing with suspension of plumbing license by the Plumbing Inspector, was repealed 5-4-1993 by Ord. No. 93-11.
A. 
Imposition of sewer rent. There is hereby imposed upon each property located within the borough, served by the sewer system and having the use thereof a quarterly sewer rent, payable as hereinafter provided, for the use, whether direct or indirect, of the sewer system, based on the rates hereinafter set forth.
B. 
Determination of sewer rent. The sewer rent for collection and treatment of sanitary sewage discharged into the sewer system by dwelling units or commercial establishments shall be quarterly rent based upon the metered water supplied to such properties, computed at the standard metered rates established by § 258-17, as may be subsequently amended.
C. 
Furnishing and maintenance of meters. In exceptional circumstances where water consumption provides no criterion for sewer use by properties served by the sanitary sewer system or sewage disposal facilities of the borough, the owner of property so served may be required to install sewage meters or other devices for the purpose of measuring the quantity of industrial waste discharged into the sewage system of the borough, or the quantity of such industrial waste may be otherwise determined by the Borough. In either event, the Borough Council shall establish the annual sewer rental rate to be charged, which rental rate shall be based upon the quantity, nature and character of the industrial waste so discharged and the difficulty and expense involved in disposing of the same.
[Amended 5-4-1993 by Ord. No. 93-11]
D. 
Establishment of sewer rental rates.
(1) 
The annual sewer rental rate shall be such sum as shall be sufficient to meet the following classes of expenses:
(a) 
The amount expended annually by the borough on operation, maintenance, repair, alteration, inspection, depreciation or other expenses in relation to its sewers, sewer system, pumping stations or sewage treatment works. This amount shall be referred to herein as "operation, maintenance, general and administrative expense."
(b) 
Such annual amount as may be necessary to provide for the amortization of the indebtedness incurred, of the bond anticipation notes or bonds issued by the borough in the construction or acquisition of such sewer, sewage system or sewage treatment works and interest thereon, in order that said improvement may become self-liquidating, or as may be sufficient to pay the amount agreed to be paid annually under the terms of any contract with any authority or municipality furnishing sewage disposal or treatment services to the borough. This amount shall be referred to herein as "debt service expense."
(c) 
Sufficient to establish a minimum margin of safety on debt service cost as may be required by any bonds issued by the borough.
(2) 
The procedure described below shall be used by the borough for the development of sewer rental rates:
(a) 
The total operation, maintenance, general and administration expense shall be determined.
(b) 
The total debt service expense of the borough shall be determined.
(c) 
The amount of water purchased from all sources by customers using the borough's sewer shall be determined.
(d) 
The charge per cubic foot of operation, maintenance, general and administration shall be distributed among the various classes of customers in a uniform and reasonable manner at the discretion of the borough.
(e) 
Debt service expense plus the necessary margin shall be distributed among the various classes of customers in a uniform and reasonable manner at the discretion of the borough.
(f) 
Minimum charges per customer shall be set to assure that the obligations and expenses of the borough are met.
E. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection E, dealing with annual review and revision of the sewer rentals and charges, was repealed 5-4-1993 by Ord. No. 93-11.
A. 
Purpose. The purpose of providing an industrial cost recovery provision in this article is to assure compliance with the requirement that all industrial users of any sewage collection, conveyance and treatment facility constructed using funds or grants supplied by the government of the United States for that purpose should reimburse the government for such funds or grants to the extent that the funded facility is used for the collection, conveyance or treatment of wastes from the industrial user or capacity therein is reserved for the user by formal written agreement with the borough.
B. 
Excluded costs. The following capital costs shall be excluded from industrial cost recovery requirements:
(1) 
Costs of excess capacity of the conveyance or treatment facility not reserved in a formal written agreement between the user and the borough.
(2) 
Costs of study and design grants which do not result in actual construction.
(3) 
Treatment or correction of infiltration/inflow.
(4) 
Correction of combined sewer overflow and of facilities for the collection and treatment of stormwater.
C. 
Definition of wastes. Industrial wastes, the producers of which shall be liable for industrial cost recovery payments, shall be those wastes defined in § 258-39 of this article. The design capacity of any portion of such facility through which the users' domestic waste is drained shall not be subject to industrial cost recovery payments.
D. 
Determination of charges.
(1) 
The amount to be paid no less often than annually by each industrial user shall be determined as the incremental cost of facilities required by that user multiplied by the percentage of the cost of the entire project which is financed out of federal grants divided by either thirty (30) or the expected life of the facilities built, whichever denominator is less. The first payment shall be made no later than one (1) year after the user begins use of the treatment facility or the United States Environmental Protection Agency gives its final approval of the completed project, whichever comes later. Such payments shall be continued over a period of thirty (30) years or the expected life of the facility, whichever is less, and, upon the termination of such period, shall be discontinued. This period is herein referred to as the "cost recovery period."
(2) 
The cost of facilities to treat industrial waste and the apportionment of charges thereafter shall be determined by a registered engineer who may be employed or engaged by the borough for that purpose or by the engineer engaged for designing the facilities. The findings of the engineer shall be submitted in a report containing but not limited to the following information:
(a) 
A list of industrial users operating or planning to operate within the borough which will be connected to the proposed facility at the time of its completion, with the expected discharge flow in terms of strength and quantity, and a determination of which users will be liable for industrial cost recovery payments.
(b) 
The average unit cost of the various facilities required to provide treatment or conveyance of all wastes introduced into the system, accompanied by a determination of the proposed apportionment of cost between flow-dependent cost, BOD-dependent cost and suspended-solids-dependent costs. "BOD-dependent costs" and "suspended-solids-dependent costs" are defined as the cost of facilities for the treatment of wastes having a BOD in excess of three hundred (300) parts per million and suspended solids in excess of three hundred fifty (350) parts per million and which treat only that part of the waste which exceeds the above limits.
(c) 
A determination of the amount to be charged each individual user, determined as follows:
Where
C
=
The annual charge to the industrial user for cost recovery of treatment only.
P
=
The portion of the total cost of the treatment facility funded by federal grant.
L
=
The expected life of the treatment facility (recovery period).
Qf
=
The total flow of waste from the industrial user in thousands of gallons per day, less the flow of sanitary wastewater at a rate of thirty (30) gallons per employee or one hundred (100) gallons per resident, patient or inmate per day.
Af
=
The total flow treatment or conveyance capacity of the facility required for all users in thousands of gallons per day, less the capacity required for nonexcessive inflow/infiltration, and any unreserved excess facility capacity.
If
=
The total cost eligible for federal grant, in dollars, for the flow treatment or conveyance facilities required for all users, less costs of facilities required for nonexcessive inflow/infiltration.
Qs
=
The total excess suspended solids, in pounds per day, produced by the industrial user.
As
=
The total solids removal capacity of the plant required for all users, in pounds per day.
Is
=
The incremental cost, in dollars, of solids removal facilities required for all users.
Qb
=
The total excess BOD, in pounds per day, produced by the industrial user.
Ab
=
The total BOD removal capacity of the plant required for all users, in pounds per day.
Ib
=
The incremental cost, in dollars, of BOD removal facilities required for all users.
(3) 
Allocation of costs of sewage collection and conveyance facilities shall be based on the percentage of the design flow in the sewer which is due to an industrial user and on the total cost of the sewer without regard to the point of an industrial discharge. The following formula applies:
Where
R
=
The annual charge per thousand gallons per day of discharge from the industrial user.
The other factors are specified above.
(4) 
Should additional industrial users decide to connect to the proposed facility utilizing its excess capacity subsequent to completion of construction, they will become liable for industrial cost recovery charges under the provisions described above beginning on the date use is initiated and continuing for the remainder of the cost recovery period or until the industry ceases to use the facility, whichever occurs first.
(5) 
Upon the issuance of any permit for the discharge of industrial waste requiring facilities for the treatment of characteristics other than BOD and suspended solids, the borough shall establish the cost of such facilities and the amount to be recovered. A method shall be used similar to that used for determination of facility costs for treating waste containing only BOD and suspended solids or as advised by the Borough Engineer.
(6) 
Each significant industrial user [one that will contribute greater than ten percent (10%) of the design flow or design pollutant loading of the conveyance or treatment facility] shall submit a signed letter of intent, prior to construction of the facility, agreeing to pay that portion of the grant amount allocable to the treatment of its wastes.
(7) 
The borough may permit industrial users to reserve capacity in the treatment facility, including used and unused capacity. Such capacity reserved through formal, written agreement is subject to industrial cost recovery as set forth below. In such cases, the industrial user shall be required to pay the full industrial cost recovery charge allocable to the capacity reserved. In the event that the industrial user exceeds its reserved capacity, it shall be required to pay such charges calculated on the full reserved capacity, plus additional charges for use above the limits of the reserved capacity or any element thereof.
(8) 
If there is a substantial change in the strength, volume or delivery flow rate characteristics introduced into the treatment works by an industrial user, such user's share shall be adjusted accordingly.
(9) 
If there is an expansion or upgrading of the treatment works, each existing industrial user's share shall be adjusted accordingly, to the extent that the user makes use of such expansion or upgrading. An industrial user who has executed a reserved capacity agreement and has made industrial cost recovery payments based upon full reserved capacity will not incur additional charges associated with the cost of expansion until the industrial user's actual use of the treatment works exceeds its reserved capacity.
(10) 
If an industrial user discontinues use of the facility, including termination of any agreement for reserve capacity, its payment for industrial cost recovery will cease. There is no requirement for other industries presently using the treatment works to assume the portion of the cost recovery payment which is unrecovered due to the departure of an industrial user. The total amount recovered from an industry which discontinues use during the cost recovery period shall be the federal cost of the capacity used multiplied by the ratio of its period of use to the cost recovery period. A significant industry planning to discontinue its use of the treatment facility during the cost recovery period must make its intention known in the letter of intent required under Subsection D(6) above.
(11) 
An industrial user may wish to fulfill its industrial cost recovery obligation by making a lump-sum payment for its entire share of the cost of construction of the treatment works.
E. 
Appeal procedure. Upon the billing date following the receipt of the engineer's report establishing the industrial cost recovery charges for a particular facility, the borough shall notify the industrial users of such facility of the charges levied upon them. Industrial users shall thereupon have a period of sixty (60) days in which to file a written formal appeal with the borough. Copies of the engineer's report shall be made available to the appellant. The borough shall then investigate, as necessary, the facts presented and shall render a decision, which shall be final in the case.
F. 
Recordkeeping.
(1) 
The borough shall maintain, for the duration of the cost recovery period, such records as are necessary to document compliance with the grant requirements. These will generally include the following:
(a) 
Documentation of the final grant amount.
(b) 
The originally approved industrial cost recovery system and all documentation related thereto.
(c) 
All subsequent revisions to the industrial cost recovery system and all documentation related thereto.
(d) 
A list of contributing industries and their wastewater loads to the system.
(e) 
Information on the total wastewater loading of the system.
(f) 
The grantee's notification to the Environmental Protection Agency of initiation of operation of the industrial cost recovery system.
(g) 
All approval(s) of the use of retained funds.
(h) 
The record of the grantee's annual payments to the Environmental Protection Agency and documentation related thereto.
(i) 
Records relating to retention and investment of those funds set aside for future expansion and reconstruction.
(2) 
These materials are necessary for all audits and must be made available to representatives of the Environmental Protection Agency or the state upon request.
G. 
Collection and administration of recovered costs.
(1) 
Industrial cost recovery charges shall be collected in addition to and by the same means as the regular sewer rents set forth under the provisions of this article and shall be subject to the same penalties.
(2) 
The borough shall retain fifty percent (50%) of the amounts recovered from industrial users. The remainder, together with any interest earned thereon, shall be returned to the United States Treasury on an annual basis.
(3) 
A minimum of eighty percent (80%) of the retained amounts, together with interest earned thereon, shall be used by the borough, with the approval of the Regional Administrator of the United States Environmental Protection Agency, solely for costs of the expansion or reconstruction of sewage treatment and conveyance facilities associated with the project necessary to meet the requirements of and considered eligible under the Federal Water Pollution Control Act of 1972. The remainder of the retained funds shall be used by the borough at its discretion.
(4) 
Pending use, the borough shall invest the retained amounts for reconstruction and expansion in:
(a) 
Obligations of the United States Government.
(b) 
Obligations guaranteed as to principal and interest by the United States Government or any agency thereof.
(c) 
Accounts fully collateralized by obligations of the United States Government or by obligations fully guaranteed as to principal and interest by the United States Government or any agency thereof.
H. 
Regional apportionment. All municipalities or political jurisdictions which discharge wastewater into the borough's sewerage system must adopt a user charge system and an industrial cost recovery plan that is acceptable to both the borough and the Environmental Protection Agency.