Definitions Adopted. Unless the context specifically indicates otherwise, the meaning of terms used in this Part shall be as follows:

Unlawful Means of Disposal of Certain Waste. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the Borough or in any area under the jurisdiction of said Authority any human or animal excrement, garbage, or other objectionable waste.

Unlawful Disposal of Untreated Sewage or Other Polluted Waters. It shall be unlawful to discharge to any natural outlet within the Borough, or in any area under the jurisdiction of said Authority, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this resolution.

Certain Facilities Not to Be Constructed or Maintained. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

Property Owners to Install Toilet Facilities and Connect with Public Sewer After Notice. The owner of all houses, buildings or properties used for human occupancy, employment, recreation, or other purposes, situated with the Borough and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sewer of the Authority, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly to the proper public sewer in accordance with the provisions of this resolution within 90 days after date of official notice to do so, provided that said public sewer is within 100 feet (30.5 meters) of the property line.

Permit Required to Do Certain Work. No person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Director.

Building Sewer Permits. There shall be two classes of building sewer permits: (1) for residential and commercial service, and (2) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the Authority. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Director. A permit and inspection fee of $150 per connection for a residential or commercial building sewer permit and $500 per connection for an industrial, building sewer permit shall be paid to the Authority at the time the application is filed.

Property Owner Responsible for Certain Costs; Liability. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Authority from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

Separate and Independent Building. Sewer Required; Exceptions. A separate and independent building sewer shall be provided for every building.

Use of 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 Director, to meet all requirements of these rules and regulations.

Requirements for Work. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, 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 Authority.

Elevation of Building Sewer; Procedure Where Gravity Flow Not Possible. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building sewer is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building sewer shall be pumped by an approved means and discharged to the public sewer.

Roof, Surface and Groundwater Not to Be Discharged into Public Sewer. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, sump pumps or other sources of surface run-off or ground water to a building sewer which in turn is connected directly or indirectly to a public sewer.

Manner of Connecting Building Sewer into Public Sewer. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code of the Borough. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Director before installation.

Notification of Director; Supervision over Connection. The applicant for the building sewer permit shall notify the Director when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Director, or his representative.

Guarding of Excavations; Restoration of Streets, Sidewalks and Other Public Property. All excavations for building sewer installations 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 the work shall be restored in a manner satisfactory to the Authority.

Certain Waters Not to Be Discharged into Sanitary Sewer. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof run-off, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

Certain Waters and Wastes Not to Be Discharged into Public Sewers. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers.

Certain Harmful Material and Material Constituting Nuisance Not to Be Discharged into Public Sewers. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes unless, in the opinion of the Director, such wastes will not harm the Authority sewerage system, have an adverse effect on the receiving stream, or otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are:

Procedure When Prohibited Wastes Discharged or Proposed to Be Discharged into Public Sewers. If any wastes are discharged, or are proposed to be discharged to the public sewer, which wastes contain the substances or possess the characteristics enumerated in Subsection 3 hereof, and which in the judgment of the Director, may have a deleterious effect upon the Authority sewerage system or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director may:

Grease, Oil and Sand Interceptors Required. Grease, oil and sand interceptors shall be provided when, in the opinion of the Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Director, and shall be located as to be readily and easily accessible for cleaning and inspection.

Maintenance of Preliminary Treatment and Flow-Equalizing Facilities. Where preliminary treatment or flow-equalizing facilities are provided for any wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

Control Manhole May Be Required. When required by the Director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

Determination of Measurements, Tests and Analyses. All measurements, tests and analyses of the characteristics of wastes to which reference is made in this resolution shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the Authority sewerage system and to determine the existence of hazards to life, limb, and property.

Special Agreements and Arrangements Authorized. No statement contained in Subsections 1 to 9 hereof shall be construed as preventing any special agreement or arrangement between the Authority and any industrial concern whereby an industrial waste may be accepted by the Authority for treatment, subject to payment therefor, by the industrial concern.

"Holding Tank Wastes" Defined; Discharge from Outside Borough Prohibited. "Holding tank wastes" shall mean sanitary sewage collected from approved holding tanks. The discharge of such wastes to the Authority sewerage system from outside the Borough is prohibited.

Conditions for Discharge of Holding Tanks Wastes. The discharge of holding tank wastes to the Authority sewerage system will be permitted only after the following conditions and regulations are met and complied with and the necessary permits procured. These requirements and restrictions are outlined as follows:

Access to Premises; No Authority to Inquire into Certain Industrial Processes. The Director and other duly authorized employees of the Authority bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Part. The Director or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

Observance of Safety Rules; No Liability of Companies, with Certain Exceptions. While performing the necessary work on private properties referred to in Subsection 1 hereof, the Director or duly authorized employees of the Authority shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the Authority employees and the Authority shall indemnify the company against loss or damage to its property by Authority employees and against liability claims and demands for personal injury or property damage asserted against the company due to negligent actions associated with the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Subsection 8 hereof.

Access to Properties Containing Easements. The Director and other duly authorized employees of the Authority bearing proper credentials and identification shall be permitted to enter all private properties through which the Authority holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the Authority sewerage system lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

Unlawful to Tamper with Any Part of Authority Sewerage System. No unauthorized person shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the Authority sewerage system.

Notice Prior to Commencement of Proceedings Against Violator. Where in the opinion of the Director any violation of this Part does not constitute an immediate health hazard or danger to the Authority sewerage system, the Director may before commencing proceedings as provided in Subsection 4 hereof give written notice to the violator directing discontinuance of said violation within three calendar days. Unless said violation is permanently corrected or permanently discontinued within said period of time, the Director shall immediately commence proceedings against the violator as provided in Subsection 4 hereof.

Penalty for Violation of Certain Provisions. Any person who shall violate any provision of this resolution, including failure to comply within the specified time of any notice to correct as provided in Subsection 2 hereof, shall be guilty of a summary offense and upon conviction thereof be sentenced to pay a fine of not more than $500 and costs of prosecution and in default of payment thereof sentenced to the Borough Lockup for a period not exceeding 10 days or to the county jail for a period not exceeding 30 days. Each day in which such violation shall continue after service upon the violator of a warrant or summons shall constitute a separate and distinct offense punishable as aforesaid.

Violator Liable for Other Amounts. Any person violating any of the provisions of this resolution shall in addition to the fine provided in Subsection 3 hereof be liable to the Authority for any expense, loss or damage occasioned the Authority by reason of such violation including attorney's fees, engineering fees and costs.

Validity. The provisions of this resolution shall be severable and if any of its provisions shall be held to be unconstitutional or illegal, such decision shall not affect the validity of any of the remaining provisions. It is declared as legislative intent that this resolution would have been adopted had such unconstitutional or illegal provisions not been included herein.

Notwithstanding the limitations set forth in these regulations a special variance or amendment may be issued whereby a waste of unusual character or strength may be accepted, when in the opinion of the Authority, unusual or extraordinary circumstances compel special terms or special conditions. As a separate and additional requirement, such variance or amendment will be issued when, in the opinion of the Authority, it will not have any deleterious effect on the system by causing interference with or disruption in the treatment works, or cause the Authority to be in violation of its NPDES permit or state water quality criteria or standards. In no case shall a discharge be approved which would exceed the limits established by a National Categorical Pretreatment Standard.

A user seeking a variance or amendment shall petition the Authority in writing and provide documentation of the exceptional circumstances which the user believes would justify a variance or amendment. If a variance or amendment is approved by the Authority, the user shall pay a surcharge in addition to the applicable service charges. Said surcharge shall be established by the Authority for each variance or amendment granted.

A surcharge shall be calculated by determining the pounds of BOD, suspended solids, fats, oil and grease and other pollutants discharged by users in excess of the amount permitted in the Authority's regulations. The surcharge shall be determined by multiplying the excess amounts of pollutants by the average cost of removing these pollutants over the previous three years at the Authority's treatment plant.

Surcharges shall be payable under the same terms and conditions as the quarterly invoice for sewer services received by the user.