[Amended 7-12-2011 by Ord. No. 631]
As a result of Borough Of Coopersburg Resolution No. 2008-011
dated November 25, 2008, and the Borough Of Coopersburg Sanitary Sewage
System Corrective Action Plan and Schedule, last revised October 7,
2006, and approved by the Pennsylvania Department Of Environmental
Resources by letter dated December 20, 2006, certain sanitary sewer
connections will only be permitted if sewage flow equalization facilities
are provided which will stop flow during high flow conditions to the
public sanitary sewer.
The purpose of this article is to establish
procedures for the use, maintenance and operation of flow equalization
facilities for the purpose of controlling discharge of proposed flows
from sanitary sewer connections to the public sanitary sewer when
high flows may make the public sanitary sewer temporarily unavailable.
It is hereby declared that the enactment of this article is necessary
for the protection, benefit, and preservation of the health, safety,
and welfare of the residents of the Borough of Coopersburg.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
AUTHORITY
Upper Saucon Sewage Treatment Authority, Lehigh County, Pennsylvania.
BOROUGH
Borough of Coopersburg, Lehigh County, Pennsylvania.
EQUALIZATION TANK
A watertight receptacle or an enlarged pump wet well which
receives and detains sewage flow for a period of time until the receiving
sewer has available capacity to convey the flows.
EQUIVALENT DWELLING UNIT (EDU)
A.
RESIDENTIAL ESTABLISHMENTSAn EDU shall be a private single dwelling, each dwelling unit in a double house, in a row of connecting houses, or in an apartment; any room, group of rooms, house trailer, enclosure, etc., occupied or intended for occupancy as separate living quarters by a family, by other groups of persons living together, or by persons living alone. Each equivalent dwelling unit (EDU) shall be considered to convey 300 gpd for storage tank capacity calculations.
FLOW EQUALIZATION FACILITY
A sewage facility consisting of mechanical, plumbing, and
electrical components designed to operate as a single system for the
purpose of preventing sewage flow from entering the public sewer system
during high flow or surcharging conditions.
GRINDER PUMP
A pump designed to grind solids before conveying flows via
the discharge force main to the receiving sewer.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Borough.
PERSON
Any individual, partnership, company, association, corporation
or other group or entity.
SEWAGE
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health or to animal or aquatic life or to the use of
water for domestic water supply or for recreation.
The Borough Council and its duly authorized
agents are authorized and empowered to undertake within the Borough
the control of methods of flow equalization for institutional, industrial
and residential sewage use and the collection and transmission thereof.
The Council is hereby authorized and empowered
to adopt such rules and regulations concerning sewage which it may
deem necessary from time to time to effect the purposes herein.
All such rules and regulations adopted by the
Borough shall be in conformity with the provisions herein, all other
ordinances of the Borough and all applicable laws, and regulations
of administrative agencies of the Commonwealth of Pennsylvania.
The storage and discharge of all sewage from
any institutional, industrial, or residential use utilizing an equalization
tank shall be performed under the inspection of the Borough.
Before a flow equalization facility may be installed
to service an institution, industrial, or residential use, the property
owner shall:
A. Obtain a permit for the flow equalization facility
from the Borough.
B. File with the Borough Secretary a copy of a written
agreement between the property owner and a contractor covering the
periodic inspection and maintenance of the facility.
C. Submit information on size, location and such other
information as the Borough Engineer may require in order to complete
the review and approval. The Borough Engineer's approval shall be
a prerequisite to the grant of a permit.
D. Deposit and/or post the sum of money or security,
in the form and/or amount as provided by the rules and regulations
promulgated for this article. These funds are to be held by the Borough
and used only in the event the Borough is required to perform any
services or pay for any services, relative to the pump station or
equalization tank. The Council shall have the right to claim the entire
escrow deposit as reimbursement for Borough expenses.
E. Pay a fee to the Borough for the flow equalization
facility permit in accordance with the schedule of fees adopted by
the Council from time to time.
F. Execute an agreement to hold the Borough harmless
in the event of a claim against the Borough arising from the operation
of the flow equalization facility.
The owner of a property that utilizes a flow
equalization facility shall:
A. Maintain the flow equalization facility in conformance
with the manufacturer's operation and maintenance recommendations,
this article or any ordinance of this Borough, the provisions of any
applicable law and rules and regulations of the Borough and any administrative
agency of the Commonwealth of Pennsylvania.
B. Be responsible for the periodic inspection and maintenance
of the flow equalization facility as well as the cost thereof.
Any obligation or duty assumed by the Borough
under this article shall be limited to operation and maintenance of
the radio telemetry and metering equipment at the Borough's sanitary
sewer meter chamber.
Any person who violates any provision of this
article shall, upon conviction thereof in summary proceedings, be
liable to the maximum penalty provided by law. Each day that a violation
is permitted to exist shall constitute a separate violation.
Where sanitary sewer lines are to be constructed
as part of a development plan or as required by final approval documents,
the lines shall be installed according to specifications of the Borough.
Installation of the temporary flow equalization facility shall be
completed in parallel with a gravity sanitary sewer connection which
will be temporarily and securely plugged in a manner acceptable to
the Borough. Whenever the sanitary sewer becomes available for full
time use (without flow equalization), and if directed by the Borough,
the property owner shall disconnect and dispose of the flow equalization
facility in accordance with the Borough permit, and permanently connect
to the sanitary sewer within 90 days after written notice to make
connection.
In addition to any other remedies provided in
this article, any violation of the article shall constitute a nuisance
and may be abated by the Borough by either seeking appropriate equitable
or legal relief from a court of competent jurisdiction.
[Added 3-16-2021 by Ord. No. 675]
A. Inspection. Prior to any sale or transfer of any improved property connected to the sewer system, the selling or transferring owner of the improved property shall retain the services of a licensed master plumber acceptable to the Borough's Plumbing Inspector for the purposes of conducting an inspection of the improved property, the sewage drainage system of any structure on the improved property, the building sewer, and the lateral, to insure compliance with the requirements of §
177-21 (relating to prohibited discharge standards, stormwater, etc.). The inspection of the building sewer and the lateral shall include a video inspection at an appropriate time to determine whether such pipes or their connections admit stormwater, groundwater, or other drainage prohibited by §
177-21.
B. Report. If the retained master plumber shall identify any deficiencies
or violations as a result of his/her inspection, he shall immediately
notify the selling or transferring owner, the prospective purchaser
or transferee, and the Borough (through the office of the Borough
Manager) of all such deficiencies/violations and the actions needed
to correct the deficiencies/violations. Although retained and paid
for by the selling or transferring owner, the master plumber is acting
as the agent of the prospective purchaser or transferee and the Borough
in conducting the inspection and has a professional obligation to
them.
C. Correction of deficiencies/violations. All deficiencies and violations identified by the master plumber's inspection shall be corrected prior to the settlement on the sale or transfer of the improved property. If the building, sewer, the lateral, or their various connections shall be found defective so as to admit any stormwater, etc. prohibited by §
177-21, the connections shall be repaired, and/or the pipe shall be replaced, relined, or, in limited situations where appropriate, spot repaired, as approved by the Borough Public Works Director, by a certified plumber in accordance with the applicable Code requirements of the Borough.
D. Certification. If the retained master plumber shall not identify any deficiencies or violations as a result of his/her inspection, or if all identified deficiencies and violations shall have been corrected, the master plumber shall prepare and certify a report to the selling or transferring owner, the prospective purchaser or transferee, and the Borough (through the office of the Borough Manager), that the improved property is in compliance with §
177-21. The improved property may not be sold or transferred prior to the issuance of this certification.
E. Transfer without certification. In the event that a sale or transfer of any improved property occurs prior to or without a certified report of compliance with §
177-21 as required under this section, the purchaser or transferee of the improved property shall be responsible for obtaining an inspection, correcting deficiencies and violations, and providing a certification to the Borough under this section to the same extent as the seller or transferor.
F. Exception. This section shall not apply to the initial transfer of
an improved property from the developer/contractor who constructed
new improvements on the property and first connected the property
to the sewer system, to the first occupant of the improvements on
the property.