[Adopted 4-23-1990 by Ord. No. 4-23-90 (Ch. 112, Art. I, of the 1992
Code)]
As used in this article, the following terms shall have the
meanings indicated:
ACT 537
The Act of January 24, 1966, P.L. 1535 as amended, 35 P.S.
§ 750.1 et seq., known as the "Pennsylvania Sewage Facilities
Act."
AUTHORIZED AGENT
A certified sewage enforcement officer, Code Enforcement
Officer, professional engineer, plumbing inspector, municipal secretary
or any other qualified or licensed person who is delegated by the
municipality to function within specified limits as the agent of the
municipality to carry out the provisions of this article.
COMMUNITY SEWAGE SYSTEM
Any system, whether publicly or privately owned, for the
collection of sewage from two or more lots, and the treatment and/or
disposal of the sewage on one or more lots or at any other site.
COUNCIL
The Council of the Borough of South Waverly, Bradford County,
Pennsylvania.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
INDIVIDUAL SEWAGE SYSTEM
A system of piping, tanks or other facilities serving a single
lot and collecting and disposing of sewage in whole or in part into
the soil or into any waters of this commonwealth.
MALFUNCTION
The condition which occurs when an on-lot sewage disposal
system discharges sewage onto the surface of the ground, into groundwaters
of this commonwealth, into surface waters of this commonwealth, backs
up into the building connected to the system or otherwise causes a
nuisance hazard to the public health or pollution of ground- or surface
water or contamination of public or private drinking water wells.
Systems shall be considered to be "malfunctioning" if any of the conditions
noted above occur for any length of time during any period of the
year.
MAYOR
The Honorable Mayor of South Waverly Borough, Bradford County,
Pennsylvania.
MUNICIPALITY
South Waverly Borough, Bradford County, Pennsylvania.
OFFICIAL SEWAGE FACILITIES PLAN
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the municipality and approved by the
Pennsylvania Department of Environmental Protection, as described
in and required by the Pennsylvania Sewage Facilities Act.
ON-LOT SEWAGE DISPOSAL SYSTEM
Any system for disposal of sewage involving pretreatment
and subsequent disposal of the clarified sewage into the soil for
final treatment and disposal; including both individual sewage systems
and community sewage systems.
PERSON
Any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau or agency of the commonwealth, political subdivision,
municipality, district, authority or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. Whenever
used in any clause prescribing and imposing a penalty or imposing
a fine or imprisonment, the term "person" shall include the members
of an association, partnership or firm and the officers of any local
agency or municipal, public or private corporation for profit or not
for profit.
REHABILITATION
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
REPLACEMENT AREA
A portion of a lot or a developed property, sized to allow
the installation of a subsurface sewage disposal area, which is reserved
to allow that installation in the event of the malfunction of the
originally installed on-lot sewage disposal system.
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 substances 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 or which constitutes
pollution under the Act of June 22, 1937 (P.L. 1987, No. 394), known
as the "Clean Streams Law," as amended.
SEWAGE ENFORCEMENT OFFICER (SEO)
The official of the local agency who issues and reviews permit
applications and conducts such investigations and inspections as are
necessary to implement Act 537 and the rules and regulations promulgated
thereunder.
SEWAGE MANAGEMENT DISTRICT
Any area or areas of a municipality for which a sewage management
program is recommended by the municipality's adopted Act 537 Official
Sewage Facilities Plan. A "sewage management district" may encompass
the entire municipality.
SEWAGE MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article and other administrative
requirements adopted by the municipality to effectively enforce and
administer the Article.
SUBDIVISION
The division or redivision of a lot, tract or other parcel
of land into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines. The enumerating
of lots shall include as a lot that portion of the original tract
or tracts remaining after other lots have been subdivided therefrom.
Only normal domestic wastes shall be discharged into any on-lot
sewage disposal system. The following shall not be discharged into
the system:
B. Automobile oil and other nondomestic oil.
C. Toxic or hazardous substances or chemicals, including but not limited
to pesticides, disinfectants, acids, paints, paint thinners, herbicides,
gasoline and other solvents.
D. Clean surface or ground water, including water from roof or cellar
drains, springs, basement sump pumps and french drains.
The municipality, upon written notice from the Municipal Sewage
Enforcement Officer that an imminent health hazard exists due to failure
of a property owner to maintain, repair or replace an on-lot sewage
disposal system as provided under the terms of this article, shall
have the authority to perform or contract to have performed, the work
required by the certified Sewage Enforcement Officer. The owner shall
be charged for the work performed and, if necessary, a lien shall
be entered therefore in accordance with law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person failing to comply with any provisions of this article
shall be subject to a fine of not less than $300 and costs and not
more than $2,500 and costs. Each day of noncompliance shall constitute
a separate offense.
[Adopted 4-7-1997 by Ord.
No. 4-7-97 (Ch. 112, Art. IV, of the 1992 Code)]
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
Department of Environmental Protection of the Commonwealth
of Pennsylvania, or its designated representative.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
An authorized representative of an industrial user may be:
A.
A principal executive officer of at least the level of vice
president, if the industrial user is a corporation;
B.
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively;
C.
A duly authorized representative of the individual designated
above if such representative is responsible for the overall operation
of the facilities from which the indirect discharge originates.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C. expressed in terms of weight and concentration [milligrams
per liter (mg/l)].
BOROUGH
The political subdivision of the Borough of South Waverly
and its duly appointed commissions, agents, and employees.
BOROUGH ENGINEER
The person designated by the Borough to supervise the operation
of the publicly owned treatment works and who is charged with certain
duties and responsibilities by this article, or his duly authorized
representative.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys it to the building
sewer, which begins five feet (1.5 meters) outside the inner face
of the building wall.
BUILDING SEWER
A sewer conveying wastewater from the premises of a user
to a public sewer, the publicly owned treatment works, or other place
of disposal. Also called "house connection" or "lateral."
COMBINED SEWER
A sewer intended to receive both wastewater and stormwater
or surface water.
COMPATIBLE POLLUTANT
Biochemical oxygen demand, suspended solids, pH, and fecal
coliform bacteria; plus any additional pollutants identified in the
publicly owned treatment works' NPDES permit, where the publicly owned
treatment work is designed to treat such pollutants and, in fact,
does treat such pollutants to the degree required by the publicly
owned treatment works' NPDES permit.
CONTROL AUTHORITY
Shall refer to the "approval authority" defined hereinabove;
or the Borough Engineer if the Borough has an approved pretreatment
program under the provisions of 40 CFR 403.11.
COOLING WATER
The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
EASEMENT
An acquired legal right for the specific use of land owned
by others.
ENGINEER
The duly authorized agent or representative elected by South
Waverly Borough.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency, or, where
appropriate, the term may also be used as a designation for the Administrator
or other duly authorized official of said agency.
FLOATABLE OIL
Is oil, fat, or grease in a physical state such that it will
separate from wastewater by treatment in an approved pretreatment
facility. A wastewater shall be considered free of floatable fat if
it is properly pretreated and the wastewater does not interfere with
the collection system.
GARBAGE
The animal and vegetable waste resulting from the handling,
preparation, cooking, and serving of foods.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without consideration
of time.
HOLDING TANK WASTE
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
INDIRECT DISCHARGE
The discharge or the introduction of nondomestic pollutants
from any source regulated under § 307(b) or (c) of the Act
(33 U.S.C. § 1317) into the publicly owned treatment works
(including holding tank waste discharged into the system).
INDUSTRIAL USER
A source of indirect discharge which does not constitute
a discharge of pollutants under regulations issued pursuant to § 402
of the Act (33 U.S.C. § 1342).
INDUSTRIAL WASTES
The wastewater from industrial processes, trade, or business
as distinct from domestic or sanitary wastes.
INTERFERENCE
The inhibition or disruption of the POTW treatment processes
or operations or which contributes to a violation of any requirement
of the Borough's NPDES permit. The term includes prevention of sewage
sludge use or disposal by the POTW in accordance with § 405
of the Act (33 U.S.C. § 1345) or any criteria, guidelines
or regulations developed pursuant to the Solid Waste Disposal Act
(SWDA), the Clean Air Act, the Toxic Substances Control Act, or more
stringent state criteria (including those contained in any state sludge
management plan prepared pursuant to Title IV of SWDA applicable to
the method of disposal or use employed by the POTW.
MAY
Is permissive (see "shall").
NATURAL OUTLET
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake, or other body of surface or
groundwater.
NEW SOURCE
Any source, the construction of which is commenced after
the publication of proposed regulations prescribing a § 307(c)
(33 U.S.C. § 1317) categorical pretreatment standard, which
will be applicable to such source, if such standard is thereafter
promulgated within 120 days of proposal in the Federal Register. Where
the standard is promulgated later than 120 days after proposal, a
new source means any source the construction of which is commenced
after the date of promulgation of the standard.
OWNER
Any person having title to real property.
PERSON
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity or any other legal entity, or their legal representative, agents
or assigns. The masculine gender shall include the feminine, and the
singular shall include the plural where indicated by the context.
pH
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution. Neutral
water, for example, has a pH value of seven and a hydrogen ion concentration
of 10.
POLLUTANT
Any dredge, spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, monition, chemical wastes, oil, solvent, biological
materials, radioactive materials, heat, wrecked or discharged equipment,
rock, sand, cellar dirt, and industrial, municipal, and agricultural
waste discharged into water.
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water.
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes, or process changes by other means, except as prohibited
by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard imposed on an industrial
user.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking, and dispensing
of food that have been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing
in public sewers, with no particle greater than 1/2 inch (1.27 centimeters)
in any dimension.
PUBLIC SEWER
A common sewer controlled by a governmental agency or public
utility.
PUBLICLY OWNED TREATMENT WORKS or POTW
A treatment works as defined by § 202 of the Act
(33 U.S.C. § 1292), which is owned in this instance by the
Valley Joint Sewer Authority or South Waverly Municipal Authority.
This definition includes any sewers that convey wastewater to the
POTW treatment plant, such as a public sewer, but does not include
pipes, conduits, sewers or other conveyances not connected to a facility
providing treatment such as a building drain, building sewer, house
connection, or lateral. For the purposes of this article, "POTW" shall
also include any sewers that convey wastewaters to the POTW from persons
outside the Borough who are, by contract or agreement with the Borough,
users of the Borough's POTW.
SANITARY SEWER
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institution
together with minor quantities or ground, storm, and surface waters
that are not admitted intentionally.
SEWAGE
The spent water of a community. The preferred term is "wastewater."
SEWER
A pipe or conduit that carries wastewater or drainage water.
SEWER SERVICE RATE
Shall be the rate which is fixed by the Authority for rentals
and services collected hereunder.
SHALL
Is mandatory; may is permissive.
SIGNIFICANT INDUSTRIAL USER
Any individual, commercial or institutional user of the Borough's
wastewater disposal system who:
A.
Is subject to categorical pretreatment standards (NRDC Consent
Decree Industries); or
B.
Is found by the Borough, Pennsylvania Department of Environmental
Protection, or the United States Environmental Protection Agency to
have significant impact, either singly or in combination with other
contributing industries, on the wastewater treatment system, the quality
of a sludge, the system's effluent quality, or air emissions generated
by the system; or
C.
Is a manufacturing industry using substances of concern; or
D.
Has a process discharge flow of more than 25,000 gallons per
average work day.
SOIL LINE
The pipe or conduit which shall provide for leaching of water
from a septic tank.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
STATE
Commonwealth of Pennsylvania or its administrative agencies.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquids, and which
is removable by laboratory filtering.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of CWA 307 (a) or other Acts.
UNPOLLUTED WATER
Waste of quality equal to or better than the effluent criteria
in effect or waste that wold not cause violation of receiving water
quality standards and would not be benefitted by discharge to the
sanitary sewers and wastewater treatment facilities provided.
USER
Any person who contributes, causes or permits the contribution
of wastewater into the Borough's POTW.
WASTEWATER
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial building, industrial facilities, and institutions,
together with any groundwater, surface water, and stormwater that
may be present, whether treated or untreated, which is contributed
into or permitted to enter the POTW. The spent water of the community.
WASTEWATER FACILITIES
The structures, equipment, and processes required to collect,
carry away, and treat domestic and industrial wastes and dispose of
the affluent.
WATERCOURSE
A natural or artificial channel for the passage of water
either continuously or intermittently.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems drainage
systems, and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the state or any portion thereof.
The following abbreviations shall have the designated meanings:
BOD - Biochemical oxygen demand
|
CFR - Code of Federal Regulations
|
COD - Chemical oxygen demand
|
CWA - Clean Water Act
|
USEPA - United States Environmental Protection Agency
|
l- Liter
|
mg - Milligrams
|
mg/l - Milligrams per liter
|
NPDES - National Pollutant Discharge Elimination System
|
O&M - Operation and maintenance
|
POTW - Publicly owned treatment works
|
SIC - Standard Industrial Classification
|
SWDA - Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq.
|
U.S.C. - United States Code
|
TSS - Total suspended solids
|
No person(s) shall maliciously, willfully, or negligently break,
damage, destroy, uncover, deface, or tamper with any structure, appurtenance,
or equipment which is apart of the wastewater facilities. Any person(s)
violating this provision shall be subject to immediate arrest under
charge of disorderly conduct.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. Civil penalties. Any user who is found to have violated an order
of the Authority or who willfully or negligently failed to comply
with any provision of this article and the orders, rules, regulations,
and permits issued hereunder shall, upon being found liable therefor,
pay a fine of not more than $600, plus court costs and reasonable
attorneys’ fees incurred by the Borough in the enforcement proceedings.
If the penalty is not paid, the Borough shall initiate a civil action
for collection in accordance with the Pennsylvania Rules of Civil
Procedure. Each day a violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Bradford County.
B. Falsifying information. Any person who knowingly makes any false
statements, representation, or certification in any application, record,
report, plan, or other document filed or required to be maintained
pursuant to this article or wastewater contribution permit, or who
falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or method required under this article shall, upon being found
liable therefor, pay a fine of not more than $600, plus court costs
and reasonable attorneys’ fees incurred by the Borough in the
enforcement proceedings. If the penalty is not paid, the Borough shall
initiate a civil action for collection in accordance with the Pennsylvania
Rules of Civil Procedure. Each day a violation exists shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense. In addition to or in lieu
of enforcement under this section, the Borough may enforce this article
in equity in the Court of Common Pleas of Bradford County.