[Ord. 683, 11/8/1989,
§ 3]
1. Properties Required to Connect as System Becomes Available.
A. As from time to time sewer service becomes available to additional
properties within the Borough by reason of improvement of properties
abutting on or adjoining any sewer forming part of the sanitary sewage
system or by reason of the extension of the sanitary sewage system
so as to make sewer service available to additional improved properties
or by reason that properties did not connect to the sanitary sewage
system when it became available in the past each and every property
shall be required to connect his, or her or its premises with the
sanitary sewage system, but only upon receipt of due notice from the
Borough to so connect.
B. All wastewater from any improved property, after connection of such
improved property to a sewer, shall be subject to such limitations
and restrictions as shall be established herein or otherwise shall
be established by this Borough from time to time.
C. No person shall place, shall deposit or shall permit to be placed
or to be deposited upon public or private property within the Borough
any wastewater; subject, however to such permit requirements and limitations
and restrictions as shall be established herein or otherwise shall
be established by the Borough from time to time.
D. No person shall discharge or shall permit to be discharged to any
natural outlet within the Borough any wastewater except where suitable
treatment has been provided that is satisfactory to the Borough; subject,
however to such permit requirements and limitations and restrictions
as shall be established herein or otherwise shall be established by
the Borough from time to time.
2. Cesspools, Sinkholes, Septic Tanks.
A. No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon any improved property that has been connected to a sewer or that shall be required under §
18-301, Subsection
1, to be connected to a sewer.
B. Every such privy vault, cesspool, sinkhole, septic tank or similar
receptacle in existence shall be abandoned and, at the discretion
of the Borough, shall be cleansed and shall be filled, at the expense
of the owner of such property, under the direction and supervision
of the Borough; and any such privy vault, cesspool, sinkhole, septic
tank or similar receptacle not so abandoned and, if required by the
Borough, not cleansed and filled, shall constitute a nuisance, and
such nuisance may be abated, as provided by law, at the expense of
the owner of such improved property.
C. No privy vault, cesspool, sinkhole, septic tank or similar receptacle
shall be connected to the sanitary sewerage system at any time.
[Ord. 683, 11/8/1989,
§ 3]
The owner of any improved property benefited, improved, or accommodated
by a sewer shall connect such improved property with such sewer, in
such manner as the Borough may require, within 90 days after notice
to such owner from this Borough to make such connection, for the purpose
of discharge of all wastewater from such improved property; subject,
however, to such permit requirements and to such limitations and restrictions
as shall be established herein or otherwise shall be established by
the Borough from time to time.
[Ord. 383, 11/8/1989,
§ 3]
No unauthorized persons shall uncover, make any connections with, or opening into, or use, or alter, or disturb the POTW or any appurtenance thereof without first obtaining a written user permit from the Borough as set forth in §
18-304 of this Part. All costs and expenses incidental to the installation, connection, and maintenance of a building sewer shall be borne by the owner(s). The owner(s) shall indemnify the Borough from any loss or damage that may directly or indirectly be occasioned by the installation of a building sewer.
[Ord. 683, 11/8/1989,
§ 3]
1. Applications. Permits for connection shall be issued from the Borough Manager's office. Forms for such application will be furnished by the Borough. There shall be two classes of connection permits: user permits for residential uses and commercial uses not qualifying as a "significant user" under §
18-102 of this Part and significant user permits for establishments producing industrial wastes and commercial uses qualifying as significant users. In either case, the owner or his agent shall make application on a special form furnished by the Borough. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Borough. A permit fee shall be paid to the Borough at the time the application is filed. All connection permit applications shall be reviewed and approved in writing by the Borough prior to permit issuance. Permit fees for user of significant user permits are established in §
18-306 of this Part.
2. Authority to Impose Conditions, Modify and Revoke Permits. The Borough
may impose conditions in any user permit for compliance with pollutant
limitations, which conditions are deemed necessary by the Borough
to ensure continued compliance with pretreatment standards and requirements.
Moreover, the Borough may modify existing permits to respond to changes
in industrial discharges to alleviate problems at the POTW treatment
plant, to meet standard quality water standards, or to incorporate
National Categorical Pretreatment Standards and requirements. The
Borough may also prohibit the transfer of user permits when an industry
is acquired by a new owner, and revoke user permits to ensure against
violations of permit conditions.
3. Authority to Require Information.
A. The Borough shall require a user of sewer services to provide information
needed to determine compliance with this Part or other applicable
local, state, or federal laws, rules, or regulations. These requirements
may include:
(1)
Wastewater discharge peak rate and volume records over a specified
time period.
(2)
Information on raw materials, processes, and products affecting
wastewater volume and quality.
(3)
Quantity and disposition of specific liquid, sludge, oil, solvent
or other materials important to sewer use control.
(4)
A plot plan of sewers on the user's property showing sewer facility
locations and all proposed sewer connections to these facilities.
(5)
Details of systems to prevent and control storms from entering
municipal sewers.
B. The cost for providing this information shall be borne by the user
of the sewer services in addition to other charges and sewer rentals.
C. All measurements, tests, and analyses of the characteristics of waters
and wastewaters to which reference is made in this Part shall be determined
in accordance with procedures established by the Administrator pursuant
to Section 304(g) of the Act, and contained in 40 CFR Part 136 and
amendments thereto, or with any other test procedures approved by
the Administrator. Sampling shall be performed in accordance with
the techniques approved by the Administrator.
D. The user shall be responsible for submitting all applicable County,
regional, state, or federal permits or planning documents required
for approval of sewer connection.
4. Significant Users Permit.
A. All significant users proposing to connect to or contribute to the
POTW shall obtain a significant user permit before connecting to or
contributing to the POTW. All existing significant users connected
to or contributing to the POTW shall apply for a significant user
permit within 30 days after the effective date of this Part.
B. Whenever a user becomes subject to a new National Categorical Pretreatment Standard, but has not previously submitted an application for a significant user permit as required by §
18-304, the user shall apply for a significant user permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard.
5. Permit Application.
A. A person, corporation, or firm required to obtain a significant user
permit shall complete and file with the Borough an application in
the form prescribed by the Borough, accompanied by the required fee.
In support of the application, the significant user shall submit in
units and terms appropriate for evaluation, the following information:
(1)
Name, address, and location of the facility (if it is different
from the address).
(2)
SIC number, according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended.
(3)
Wastewater constituents and characteristics including, but not limited to, those mentioned in §
18-108 of this chapter shall be determined by a reliable analytical laboratory in compliance with 40 CFR 403.12(1); sampling and analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act, and contained in 40 CFR Part 136, as amended.
(4)
Time and duration of contribution.
(5)
Average daily and three-minute peak wastewater flow rates, including
daily, monthly, and seasonal variation, if any.
(6)
Site plan, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections, and appurtenances by the size,
location, and elevation.
(7)
Description of activities, facilities, and plant processes on
the premises, including all materials which are or could be discharged.
(8)
The nature and concentration of any pollutant in the discharge
which are limited by any Borough, state, or federal pretreatment standards;
and a statement regarding whether or not the pretreatment standards
are being met on a consistent basis, and if not, whether additional
operation and maintenance (O&M) and/or additional pretreatment
is required for the significant user to meet applicable pretreatment
standards.
(9)
If additional pretreatment and/or O&M will be required to
meet the pretreatment standards, the shortest schedule by which the
significant user will provide such additional pretreatment. The completion
data in this schedule shall not be later than the compliance date
established for the applicable pretreatment standard. The following
conditions shall apply to this schedule:
(a)
The schedule shall contain increments of progress in the form
of dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment facilities
required for the significant user to meet the applicable pretreatment
standards (e.g., hiring an engineer, completing preliminary plans,
completing final plans, executing permit for major components, commencing
construction, completing construction, etc.).
(b)
No increment referred to in Subsection
5A(9)(a) shall exceed nine months.
(c)
No later than 14 days following each date in the schedule and
the final date for compliance, the significant user shall submit a
progress report to the Borough, including, as a minimum, whether or
not it complied with the increment of progress to be met on such date,
and if not, the date on which it expects to comply with this increment
of progress; the reason for delay, and the steps being taken by the
significant user to return the construction to the schedule established.
In no event shall more than nine months elapse between such progress
reports to the superintendent.
(10)
Each product produced by type, amount, process or processes,
and rate of production.
(11)
Type and amount of raw materials processed (average and maximum
per day).
(12)
Number and type of employees, the hours of plant operation,
and proposed or actual hours of pretreatment system operation.
(13)
Any other information as may be deemed by the Borough to be
necessary to evaluate the permit application.
B. The Borough will evaluate the data furnished by the significant user
and may require additional information. After evaluation and acceptance
of the data furnished, the Borough may issue a significant user permit
subject to terms and conditions provided herein.
6. Permit Conditions. Significant user permits shall be expressly subject
to all provisions of this Part and all other applicable regulations,
user charges, and fees established by the Borough. Permits may contain
the following:
A. The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a community sewer.
B. Limits on the average and maximum wastewater constituents and characteristics.
C. Limits on average and maximum rate and time of discharge or requirements
for flow regulation and equalization.
D. Requirements for installation and maintenance of inspection and sampling
facilities.
E. Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types, and standards for
tests and reporting schedule.
G. Requirements for submission of technical reports or discharge reports (see §
18-304, Subsection
9).
H. Requirements for maintaining and retaining plant records relating
to wastewater discharge shall be for a period of three years (minimum)
or, in the case of unresolved litigation, a minimum of three years
from the termination or settlement of said litigation.
I. Requirements for notification of the Borough of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system.
J. Requirements for notification of slug discharges in accordance with §
18-104, Subsection
2, of this chapter.
K. Other conditions as deemed necessary by the Borough to ensure compliance
with this chapter.
7. Significant User Permit Duration. Significant user permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. A significant user shall apply for permit reissuance a minimum of 180 days prior to the expiration of his significant user's existing permit. The terms and conditions of his permit may be subject to modification by the Borough during the term of the permit, as limitations or requirements as identified in §
18-108 of this chapter are modified or other just cause exists. A significant user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
8. Permit Transfer Requires Borough Approval. Significant user permits
are issued to a specific significant user for a specific operation.
A significant user permit shall not be reassigned, or transferred,
or sold to a new owner, new significant user, different premises,
or a new or changed operation without the written approval of the
Borough. Any succeeding owner shall also comply with the terms and
conditions of the existing permit.
9. Reporting Requirements in Permits.
A. Within 90 days following the date for final compliance with applicable
pretreatment standards, or in the case of a new source, following
commencement of the introduction of wastewater into the POTW, any
significant user subject to pretreatment standards and requirements
shall submit to the Borough a report indicating the nature and concentration
of all pollutants in the discharge from the regulated process which
are limited by pretreatment standards or requirements. The report
shall state whether the applicable pretreatment standards or requirements
are being met on a consistent basis, and if not, what additional O&M
and/or pretreatment is necessary to bring the significant user into
compliance with the applicable pretreatment standards or requirements.
This statement shall be signed by an authorized representative of
the significant user and certified by a qualified professional engineer
registered in the Commonwealth of Pennsylvania.
B. Every significant user subject to a pretreatment standard after the
compliance date of such pretreatment standard; or, in the case of
a new source, after commencement of the discharge to the POTW, shall
submit to the Borough during the months of June and December, unless
required more frequently in the pretreatment standards or by the Borough,
a report indicating the nature and concentration of pollutants in
the effluent which are limited by such pretreatment standards. In
addition, this report shall include a record of all daily flow which,
during the reporting period, exceeded the average daily flow allowed
in the permit. At the discretion of the Borough and in consideration
of such factors as local high or low flow rates, holidays, budget
cycles, etc., the Borough may agree to alter the months during which
the above reports are to be submitted.
C. The Borough may impose mass limitations on significant users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection
1 of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the significant user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass, where requested by the Borough, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act, and contained in 40 CFR Part 136 and amendments thereto, or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.
10. Monitoring Facilities. The Borough shall inspect the facilities of
any user to ascertain whether the purpose of this Part is being met
and all requirements are being complied with. Persons or occupants
of premises where wastewater is created or discharged shall allow
the Borough, through its representative(s), ready access during all
working hours to all parts of the premises for the purposes of inspection,
sampling, records examination and copying, or in the performance of
any of his duties. The Borough, the DER, and the EPA shall have the
right to set up on a user's or significant user's property such devices
as are necessary to conduct sampling inspection, compliance monitoring,
and/or metering operations. Where a user or significant user has security
measures in force which require proper identification and clearance
before entry into his premises, the user or significant user shall
make necessary arrangements with their security guards so that upon
presentation of suitable identification, personnel from the Borough,
the DER, and the EPA will be permitted to enter without delay, for
the purposes of performing their specific responsibilities.
11. Pretreatment.
A. Users and significant users shall provide necessary wastewater treatment
as required to comply with this Part and shall achieve compliance
with all Federal Categorical Pretreatment Standards within the time
limitations as specified by the federal pretreatment regulations.
Any equipment or facilities required to the Borough shall be provided,
operated, and maintained at the user's expense. Detailed plans showing
the pretreatment facilities and operating procedures shall be submitted
to the Borough before construction of the facility. The review of
such plans and operating procedures will in no way relieve a user
from the responsibility of modifying his facility as necessary to
produce an effluent acceptable to the Borough under the provisions
of this Part. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be accepted by the
Borough prior to the user's or significant user's initiation of the
changes.
B. Annually the Borough shall publish in a newspaper of general circulation
a list of the users and significant users who failed to comply with
pretreatment requirements or standards at least once during the previous
12 months. The notification also shall summarize any enforcement actions
taken by the Borough against these users and significant users during
the same 12 months. See: 40 CFR 403.8(2) (VII).
12. Information and data on a user or significant user obtained from
reports, questionnaires, permit applications, permits and monitoring
programs, and from inspections shall be available to the public or
other governmental agencies without restriction unless the user or
significant user specifically requests and is able to demonstrate
to the satisfaction of the Borough that the release of such information,
processes, or methods of production [are] entitled to protection as
trade secrets of the user or significant user. When requested by the
person furnishing a report, those portions of a report which might
disclose trade secrets or secret processes shall not be made available
for inspection by the public but shall be made available, upon written
request, to governmental agencies for uses related to this Part, the
National Pollutant Discharge Elimination System (NPDES) Permit, state
disposal permit, and/or the pretreatment programs provided. Any such
portions of a report shall also be available for use by the state
or any state agency in judicial review or enforcement proceedings
involving the person furnishing the report. Wastewater constituents
and characteristics will not be recognized as confidential information.
[Ord. 683, 11/8/1989,
§ 3]
1. Old Building Sewers. Old building sewers may be used in connection
with new buildings only when they are found, on examination and test
by the Borough, to meet all requirements of this Part.
2. Construction of Building Sewer to Specifications. The size, slope,
alignment, materials or construction of a building sewer, and the
methods to be used in excavating, placing of the pipe, joint testing,
and backfilling the trench shall all conform to the requirements of
the Building and Plumbing Code or other applicable rules and regulations
of the Borough.
3. Downspouts Not To Be Connected.
A. No person shall make connection of sump pumps, roof downspouts, foundation
drains, areaway drains, or other sources of surface runoff or groundwater
to a building sewer or building drain which in turn is connected directly
or indirectly to the POTW unless such connection is approved in writing
by the Superintendent for purposes of disposal of polluted surface
drainage.
B. The connection of a building sewer into the POTW shall conform to
the requirements of the Building and Plumbing Code or other applicable
rules and regulations set forth in appropriate specifications of the
ASTM and the WPCF Manual of Practice No. 9. All such connections shall
be made gastight and watertight and verified by proper testing. Any
deviation from the prescribed procedures and materials must be approved
by the Borough before installation.
4. Building Sewer Connections; Street Openings.
A. All excavations for a building sewer installation shall be adequately guarded with barricades and lights, so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of work shall be restored in compliance with Chapter
21, Streets, of the Borough of Stroudsburg Code of Ordinances.
B. No excavation, construction, or connection work shall be commenced
within a Borough right-of-way until the owner, or his agents and/or
independent contractor, shall have first filed a bond in an amount
as determined by the Borough, agreeing to indemnify and save harmless
the Borough against any and all loss, damages, costs, and expenses
which the Borough may thereafter suffer, incur, be put to or pay by
reason of the failure to complete properly any of the aforesaid excavation,
construction, or connection work. The term "owner" as used herein,
shall be deemed to include the owner or owners in fee simple, lessees
of the premises, occupiers of the premises, and all other parties
having a beneficial use or interest in the premises and occupying
the same with the consent and permission of the owner of the fee title.
[Ord. 683, 11/8/1989,
§ 3; as amended by Ord.
No. 1124, 3/1/2022]
1. The connection fee (and customer facilities fee, inclusive), as allowed
per Act 57 of 2003 (amending Act 203 of 1990), shall be the cost of
the Borough furnishing and/or installing the saddle tap and/or wye
connection on the sewer main, once excavated and exposed by the customer's
plumbing contractor. The applicant/customer shall be responsible to
provide for the services of a qualified contractor to furnish and
install the sewer lateral/service line from the tap on the sewer main
to the building structure on the property, including all pipe, fittings,
cleanouts, labor, excavation, excavation support, traffic control,
backfilling, compaction, restoration, testing, and all other costs
to complete the connection of the property to the sanitary sewer system
in accordance with Borough standards.
2. Upon application for a building permit, a connection fee shall be
paid to the Borough, as provided in this chapter, for each new service
requiring a connection to the Borough's sanitary sewer collection
system. The cost of the applicable connection fee must be paid in
full prior to the Borough allowing the use of the new connection for
sewer service.
3. The minimum connection fee that the Borough shall charge the applicant
is $1,000 per four-inch or six-inch lateral connection to the sanitary
sewer system. The connection fee for larger than six-inch laterals
shall be adjusted accordingly based upon the increased cost of labor
and materials. The Borough may charge the applicant for the actual
cost of installation of the saddle tap and/or wye connection incurred
by the Borough, in terms of labor and material, if such actual costs
exceed the minimum connection fee. Sewer service shall not be activated
to the property until the applicable fees are paid in full.
4. Other charges related to sewer connections. Borough Council or other
authorized Borough officials may assess charges against an applicant
for special services rendered in regards to making connection, or
repairing or replacing a connection, to the Borough sewer system,
or for damages to Borough-owned equipment or facilities or for any
other unlawful activity, and such charges must be paid by said applicant.
Such costs, including professional fees, shall not exceed actual costs
plus a 10% administrative fee. Upon failure of the applicant to pay
such charges within a reasonable time after presentation of same,
sewer service may be refused or turned off, as well as the claim may
be collected in such manner as other municipal claims are now by law
collected.
[Ord. 683, 11/8/1989,
§ 3; as amended by Ord. 708, 8/14/1991, § 1; and by Ord. No. 1124, 3/1/2022]
1. For purposes of this section, an equivalent dwelling unit (EDU) shall
be defined as sewer usage equal to 80,000 gallons per year or approximately
219 gallons per day, as measured by the point-of-use water service
meter or by an engineer's calculation, where required. The EDU is
based on the design sewer capacity for a residential dwelling unit
connected to the Borough sewer system, calculated at 90 gallons per
capita per day times 2.43, the average number of persons per household
in Stroudsburg Borough according to the U.S. Census population projections
for 2015 through 2019. This EDU figure is established under the provisions
of PA Act 57 of 2003 (which amended PA Act 203 of 1990). The number
of EDUs is used to determine the following costs:
A. Tapping fees for new customers.
B. Reassessed tapping fees for existing customers which:
(1)
Install additions to existing facilities;
(2)
Expand existing facilities;
(4)
Increase sewer usage, based upon water meter readings, for any
reason other than an unidentified loss of water which is remediated
within three months of determination of where the loss is occurring.
Additional tapping fees for increased sewer usage shall be calculated
and assessed annually in the event the customer's sewer usage, as
based upon water meter readings, increases more than 10% over the
previous 12 months' sewer usage, as calculated in or about January
of each year.
2. The sewer tapping fee is composed of the following four components
as calculated in the latest Sewer Tapping and Connection Fee Study
authorized by the Borough:
A. Capacity component = $795 per EDU.
B. Collection component = $2,378 per EDU.
C. Special purpose component for customers served by the Kautz St. Pump
Station: $252 per EDU.
D. Reimbursement part: $0 per EDU.
The total sewer tapping fee for those customers in the special
purpose service area served by the Kautz St. Pump Station shall be
$3,425 per EDU.
The total sewer tapping fee for all other customers shall be
$3,173 per EDU.
3. The sewer tapping fee may be revised from time to time based on new
engineering calculations and approved by ordinance.
4. No less than the tapping fee as stated in this section is due and payable upon issuance of a building permit (unless other time frame for payment is established under the conditions of a developer's agreement). No connection to the sewer system shall be allowed until the tapping fees are paid in full, pursuant to Chapter
18.
5. In no case shall any dwelling unit or nonresidential use on a property
be assessed less than one EDU for the tapping fee for sewer service.
If it is determined by the Borough that the more than one EDU would
apply to a particular use (nonresidential users, mixed use users or
multiresidential dwellings) requesting connection to the system, the
applicant shall submit an application, and in the application, shall
submit historical data and engineering calculations to support the
estimated sewer use projections for the premises. The data and calculations
shall be reviewed by the Borough and/or Borough Engineer using engineering
standards and procedures. All determinations of the Borough shall
be final. Within one year following the date of connection, the Borough
shall make an analysis of actual quarterly sewer usage, and the Borough
shall thereafter adjust the EDU assignment and associated tapping
fees previously collected either upward or downward based on the quarterly
usage. The onus is on the applicant to definitively demonstrate that
actual use after one year is less than projected in order to qualify
for a reduction in EDUs and associated tapping fees.
6. In those cases where an owner of a property is demolishing existing
structures due to fire or redevelopment of that property, the owner
shall be given credits equal to the existing EDUs previously purchased
for and/or allocated to the premises or, if EDUs were not previously
purchased and/or allocated, based on sewer usage as otherwise established
by the Borough, provided a new connection for sewer and water service
is reestablished and put into service within five years of the initial
termination of service date, and provided all standby fees and other
fees are paid in full up through the date of reestablishment of service.
This condition may be modified and the time frame for reestablishment
of service extended by motion of Borough Council at a public meeting.
If the reconstruction or redevelopment of the property results in
a use exceeding the prior tapping fee (EDU) usage then the applicant/property
owner shall pay the difference in tapping fee (EDU) charges. In those
cases where a change in use, addition or expansion of use results
in additional tapping fee (EDU) usage, additional charges shall be
based upon the additional usage (EDUs) and assessed to the property
owner. In no case shall credits be given for any excess EDUs which
may result due to the reconstruction or redevelopment of a site and
in no case shall EDUs be transferable from the original property to
another property. Any additional fees shall be charged in full per
the provisions of this chapter.
7. Once EDUs are established and documented by the Borough (whether
or not tapping fees have been paid), these EDUs shall serve as the
basis of allocated capacity on a premises, regardless of annual fluctuations
not representing an increase (or decrease) of more than 10% in flow.
8. A premises may be considered to be in vacancy status by the Borough
if the premises experiences a reduction in usage of more than 25%
less than the allocated capacity to the premises over a period of
more than five years. The owner of a premises in vacancy shall forfeit
all EDUs ascribed to the premises, or a portion thereof, as determined
by the Borough.
9. A change of use on a premises shall require a recalculation of EDUs,
and if determined by the Borough, may result in a reduction in EDUs,
and reserved capacity, allocated to the premises. Any previously paid
tapping fees shall not be refunded in the case of a reduction of EDUs
due to a change of use on a premises.
[Ord. 683, 11/8/1989,
§ 3]
If at the time of recommendation of the Borough's consulting
sewer engineer and a determination by Borough Council that the POTW
collection and conveyance system must be enlarged or enhanced to accommodate
any building or development plan, the applicant shall bear the cost
of enlarging or enhancing the collection and conveyance system.