[Ord. 669, 5/14/2012]
AUTHORITY
Wellsboro Municipal Authority, a Pennsylvania municipal authority.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.
BOROUGH
The Borough of Wellsboro, Tioga County, Pennsylvania, a Pennsylvania municipal corporation, acting by and through its Council or, in appropriate cases, acting by and through its authorized representatives.
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, beginning five feet (1.5 meters) outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal, also called "house connection."
COMBINED SEWER
A sewer intended to receive both wastewater and storm or surface water.
CONSUMER
An owner of property who, prior to, upon or after October 1, 1987, has received or shall receive sewer service for a consumer unit by use of the sewer system.
CONSUMER UNIT
A. 
A building under one roof and occupied by one family, business or industry;
B. 
A combination of buildings in one enclosure or group and occupied by one family, business or industry;
C. 
One side of a double building or house having a solid vertical partition wall;
D. 
A building, house or other structure, or any room, group of rooms or part thereof, occupied by more than one family, business or industry, the sewer fixtures of which are used in common;
E. 
Each room or group of rooms in a building, house or other structure occupied or intended for occupancy as a separate industry, as a separate business, or as separate living quarters by a family or other group of persons living together or by a person living alone, the sewer fixtures of which are not used in common;
F. 
Each trailer occupied by one family, business or industry;
G. 
Each public school or municipal building; or
H. 
Any combination of the foregoing which, with the consent and permission of this Borough, shall receive sewer service through one service connection to the sewer system.
EASEMENT
An acquired legal right for the specific use of land owned by others.
FLOATABLE OIL
Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable oil 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.
INDUSTRIAL WASTES
The wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.
LEASE
The agreement of lease dated as of August 1, 1967, as amended and supplemented from time to time, between the Authority and this Borough, with respect to the sewer system.
MONTHLY BILLING PERIOD
One calendar month as shall be appropriate under the circumstances.
NATURAL OUTLET
Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
OWNER
Any person who is the occupant, tenant or holder of title to any property served by the sewer system.
PERSON
An individual, partnership, an association, a corporation, a joint stock company, a trust, an unincorporated association, a governmental body, a political subdivision, a municipality, a municipal authority or other group entity.
pH
The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen ion concentration of 10.
PRETREATMENT ORDINANCE
Part 7 of this chapter, as may be amended from time to time.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking, and dispensing of foods 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.
SANITARY SEWER
A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of 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 SYSTEM
The facilities owned by the Authority for collection, interception, transmission, treatment and disposal of domestic sewage and/or industrial wastes, as such facilities exist as of the effective date hereof, together with all appurtenant facilities and properties which the Authority has acquired and/or constructed or hereafter shall acquire and/or construct in connection therewith, including all property, real, personal and mixed, rights, powers, licenses, easements, rights-of-way, privileges, franchises and any and all other property or interests in property of whatsoever nature used or useful in connection with such facilities, and together with all additions, extension, alterations and improvements which may be constructed and/or acquired from time to time.
SLUG
Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
STORM DRAIN (sometimes termed "STORM SEWER")
A drain or sewer for conveying surface water, groundwater, subsurface water, and/or unpolluted water from any source.
SUPERINTENDENT
The Superintendent of Public Works or the Borough Manager of the Borough of Wellsboro, or their authorized deputy, agent, or representative.
SUSPENDED SOLIDS
Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association, and referred to as a "nonfilterable residue."
TOWNSHIP
The Township of Charleston, Tioga County, Pennsylvania, and/or the Township of Delmar, Tioga County, Pennsylvania, both Pennsylvania municipal subdivisions.
TOXIC POLLUTANTS
Any pollutant or combination of pollutants listed as toxic in U. S. Environmental Protection Agency regulations, as amended and supplemented from time to time.
UNPOLLUTED WATER
Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
WASTEWATER
The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present.
WASTEWATER FACILITIES
The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.
WASTEWATER TREATMENT WORKS
An arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant."
WATERCOURSE
A natural or artificial channel for the passage of water either continuously or intermittently.
[Ord. 669, 5/14/2012]
1. 
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 of Wellsboro or in any area under the jurisdiction of said Borough any human or animal excrement, garbage or objectionable waste.
2. 
It shall be unlawful to discharge to any natural outlet within the Borough of Wellsboro, in any area under the jurisdiction of said Borough, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Part.
3. 
Except as hereinafter provided, it shall be unlawful to own, construct, or use, any privy, privy vault, septic tank, cesspool, or other facility for the disposal of wastewater. It shall also be unlawful to connect any such facility to the sewer system.
4. 
The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the Borough and abutting on or adjoining any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the Borough, is hereby required at the owner(s) expense, after paying any required connection fee, to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Part, within 90 days after date of official notice to do so, provided that said public sewer is within 100 feet of the property line.
[Ord. 669, 5/14/2012]
1. 
Where a public sanitary or combined sewer is not available under the provisions of § 18-102, Subsection 4, the building sewer shall be connected to a private wastewater disposal system complying with the provision of this article.
2. 
Before commencement of construction and/or any alterations of a private wastewater disposal system, the owner(s) shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the Borough, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Superintendent. A permit and inspection fee shall be paid to the Borough at the time the application is filed.
3. 
A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. The Superintendent shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered.
4. 
The type, capacities, location, and layout of a private wastewater disposal system shall comply with all regulations and recommendations of the Department of Environmental Protection of the Commonwealth of Pennsylvania.
5. 
At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in § 18-102, Subsection 4, a direct connection shall be made to the public sewer within 90 days in compliance with this Part, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material, as designated by the Superintendent.
6. 
The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the Borough.
7. 
No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Superintendent or by federal or state regulatory bodies.
[Ord. 669, 5/14/2012]
1. 
No person(s) other than Borough employees 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 Superintendent.
2. 
The owner(s) or his agent shall make application for a building sewer permit 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 Superintendent. A permit and inspection fee shall be paid to the Borough at the time the application is filed, in an amount to be fixed by the Borough by resolutions, from time to time.
3. 
All costs and expenses incidental to the installation and connection of the 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 the building sewer.
4. 
A separate and independent building sewer shall be provided for every building, except where the Superintendent may otherwise allow.
5. 
Old building sewers may be used in connection with new buildings only when they are found, on examination and approval by the Superintendent, to meet all requirements of this Part, as amended and supplemented from time to time. The Superintendent may require owner, at his expense, to carry out such testing as the Superintendent deems to be appropriate.
6. 
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 Borough.
7. 
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 drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
8. 
No person(s) shall have connection of roof downspouts, foundation drains, area 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 a public sanitary sewer unless such connection is approved by the Superintendent for purposes of disposal of polluted surface drainage.
9. 
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Borough. 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 Superintendent before installation.
10. 
The applicant for the Building Sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Superintendent.
11. 
All excavations for 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 the work shall be restored in a manner satisfactory to the Borough.
[Ord. 669, 5/14/2012]
1. 
No person(s) shall discharge, cause to be discharged, or continue prior discharge, if any, of any unpolluted water such as stormwater, groundwater, roof runoff, subsurface drainage, or cooling water to any sewer, except stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the Superintendent.
2. 
Stormwater, other than that exempted under Subsection 1, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Superintendent and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the Superintendent, to a storm sewer or natural outlet.
3. 
No person(s) shall discharge, cause to be discharged, or continue prior discharge, if any, of any of the following described water or wastes to any public sewers:
A. 
Pollutants which create a fire or explosive hazard in the wastewater treatment works, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140° F. (60° C.) using the test methods specified in 40 CFR 261.21.
B. 
Any waters containing toxic pollutants, toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant.
C. 
Any waters or wastes having a pH lower than 6.0 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater treatment works.
D. 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
E. 
Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
F. 
Any substance which may cause the sewer system effluent or any other product of the sewer system such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the sewer system cause the sewer system to be in noncompliance with sludge use or disposal criteria as promulgated by federal, state or local agencies.
G. 
Any substance which will cause the wastewater treatment plant to violate its NPDES and/or state disposal system permit or the receiving water quality standards.
H. 
Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
I. 
Any wastewater having a temperature which will inhibit biological activity in the wastewater treatment plant resulting in interference, but in no case wastewater with a temperature exceeding 104° F. at the headworks of the wastewater treatment plant.
J. 
Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the wastewater treatment plant.
K. 
Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.
L. 
Any wastewater which causes a hazard to human life or creates a public nuisance.
M. 
Trucked or hauled pollutants, except at discharge points designated by the Superintendent in accordance with § 18-714 of Part 7 of this chapter.
4. 
The following substances, materials, waters, or wastes shall be limited in discharges to the sewer system to concentrations or quantities which: will not harm the sewers or the wastewater facilities treatment; will not inhibit the treatment process; will not have an adverse effect on the receiving stream; and will not endanger lives, limb, public property, or constitute a nuisance. The Superintendent may set limitations lower than the limitations established in the regulations below if in his opinion more stringent limitations are necessary to meet the above objectives. In forming his opinion, the Superintendent will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, quantity of subject waste from other consumers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewater discharged to the sanitary sewer which shall not be violated without approval of the Superintendent are as follows:
A. 
Wastewater having a temperature higher than 150° F.
B. 
Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or product of mineral oil origin.
C. 
Wastewater containing more than 100 milligrams per liter floatable oils, fat, or grease.
D. 
Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.
E. 
Wastewater containing more than the following pollutant loads:
Arsenic
0.0340 pounds per day
Cadmium
0.0018 pounds per day
Chromium
0.0854 pounds per day
Copper
0.0230 pounds per day
Cyanide
0.0035 pounds per day
Lead
0.0071 pounds per day
Mercury
0.0007 pounds per day
Molybdenum
0.1641 pounds per day
Nickel
0.0229 pounds per day
Phenol
0.7767 pounds per day
Selenium
0.0046 pounds per day
Silver
0.0444 pounds per day
Zinc
0.0212 pounds per day
F. 
Any waters or wastes containing odor-producing substances exceeding limits which may be established by the Superintendent.
G. 
Any radioactive waters or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.
H. 
Quantities of flow, concentrations, or both which constitute a slug.
I. 
Waters or wastes containing substances which are not amenable to treatment or reduction by the treatment processes employed, or are amenable to treatment only to such degree that the Wastewater Treatment Plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
J. 
Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.
5. 
Alternatives.
A. 
If any water or wastes are discharged or are proposed to be discharged to the public sewers, which water contains the substances or possesses the characteristics enumerated in Subsection 4 of this section, and which, in the judgment of the Superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
(1) 
Reject the wastes and otherwise prevent recurrence of the waste discharge;
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) 
Require control over the quantities and rates of discharge; and/or
(4) 
Require payment to cover added cost of handling and treating the wastes.
B. 
When considering the above alternatives, the Superintendent shall give consideration to the economic impact of each alternative on the discharger. If the Superintendent permits or requires the pretreatment or equalization of waste flow, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent. In all cases, the provisions of Part 7 of this chapter shall be followed.
6. 
A discharge into the sewer system having, at any time, any one or more of the following characteristics shall be subject to prior review and approval by the Superintendent:
A. 
A five-day BOD greater than 300 mg/L;
B. 
A suspended solids content greater than 300 mg/L;
C. 
An ammonia content greater than 30 mg/L;
D. 
A COD greater than 600 mg/L;
E. 
A chlorine demand greater than 12 mg/L;
F. 
An average daily flow greater than 5% of the average daily sewage flow of the sewer system; or
G. 
Any quantity of substances possessing characteristics described in Subsection 4 of this section.
[Ord. 669, 5/14/2012]
1. 
No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the sewer system. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
[Ord. 669, 5/14/2012]
1. 
The Superintendent and other duly authorized employees of the Borough bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharge to the sewer system in accordance with the provisions of this Part.
2. 
The Superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater facilities. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
3. 
While performing the necessary work on private properties referred to in Subsection 1 above, the Superintendent or duly authorized employees of the Borough shall observe all safety rules applicable to the premises established by the owner, and the owner shall be held harmless for injury or death to Borough employees during performance of these duties. The Borough shall indemnify the owner against loss or damage to its property by Borough employees and against liability, claims and demands for personal injury or property damage asserted against the owner as a result of the Borough's gauging and sampling operation, except as such may be caused by negligence or failure of the owner to maintain safe conditions.
4. 
The Superintendent and other duly authorized employees of the Borough bearing proper credentials and identification shall be permitted to enter all private properties through which the Borough holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewer 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 easement pertaining to the private property involved.
[Ord. 669, 5/14/2012; Ord. No. 708, 11/14/2022; Ord. No. 712, 11/13/2023]
1. 
The following sewer rates, rents and charges are fixed, adopted, established and imposed upon each consumer served or to be served by the sewer system for use thereof, applicable on and after October 1, 1987. The Borough Council is responsible for the decision as to whether billable wastewater volume shall be measured according to water consumption, sewage discharge, or a flat rate.
A. 
Schedule of Rents and Charges (applicable to all metered consumers).
(1) 
All metered consumers shall be subject to the following minimum charges monthly; for each consumer, a minimum sewer rent and charge of $23.50 per month for up to the first 1,000 gallons.
(2) 
Subject to provisions hereinafter set forth in this Subsection A(1) with respect to minimum charges, all metered consumers shall pay consumption charges monthly for consumption of water or as measured at a sewer discharge monitoring point, as follows:
Quantity/Per Monthly Billing Period
Rate Per 1,000 Gallons
For the next 19,000 gallons (beyond the minimum charge for up to 1,000 gallons as set forth below) up to 20,000 gallons
$8.33
For all over 20,000 gallons (after the minimum charge for up to 1,000 gallons as set forth below plus the next 19,000 gallons)
$4.35
B. 
Schedule of General Flat Rents and Charges.
(1) 
For each consumer who receives no water from the Borough, a flat rate sewer rent and charge of $45 per month per EDU.
(2) 
The Borough reserves the right to refuse to supply sewer service to any customer on a non-metered basis.
2. 
The foregoing sewer rents and charges are based upon volume only for normal domestic sanitary sewage having a pH range between 6.0 and 9.0, a suspended solids quantity of less than 300 ppm, an ammonia concentration (NH3) not to exceed 30 mg/L, a five-day 20°C. BOD of 300 ppm, and being comparatively free from grit or mineral solids, such as sand, ashes, etc., which would not be moved or conveyed along the sewers by the velocity of the sewage flow.
3. 
Where more than one non-metered consumer unit is located in one building, house or other structure owned by one consumer and such building, house or other structure, at the discretion of this Borough, is served by one service connection, multiple charges per monthly billing period shall be imposed upon such consumer equal to the number of consumer units located in such building, house or other structure. Such multiple charge per monthly billing period shall be computed by applying the schedule of flat rates established under Subsection 1B(1), as appropriate, to each consumer unit so served.
4. 
Where more than one consumer unit is located in one building, house or other structure owned by one consumer which shall be served by a single meter or by multiple meters, a single charge per monthly billing period for all such consumer units shall be imposed upon the consumer, whether the multiple consumer units located therein shall be served through a single meter or by multiple meters. Such single charge per monthly billing period shall be computed on the basis of the single meter reading, if applicable, or by adding together the multiple meter readings, if applicable, and by applying thereto, as appropriate, the consumption charges established under Subsection 1A(1).
5. 
Any quantity of water used on a property served by the sewer system which shall not be obtained from the Borough may be estimated by the Borough and may be used in calculation of sewer rents and charges per monthly billing period as provided herein.
6. 
The provision of this article, relating to rents and charges, may change from time to time, as the Borough Council deems necessary. The Borough Council may change these provisions by ordinance or by resolution or in any manner permitted by law. It is understood that these provisions were originally drafted at a time when operating and maintenance costs were much lower.
7. 
Nothing herein shall be construed to prevent this Borough from entering into separate agreements with building contractors, land developers, the Township or other consumers, for the furnishing of sewer service at rents and charges other than as set forth in this Part.
[1]
Editor's Note: The current rates are as set forth on the Comprehensive Fee Schedule as set from time to time by the Borough Council.
[Ord. 669, 5/14/2012]
1. 
Additional charges for industrial wastes having suspended solids, BOD or ammonia in excess of the average suspended solids, BOD or ammonia of normal domestic sewage shall be fixed according to the industrial surcharge formula as described in Subsection 2. Normal domestic waste shall be considered as having the following concentrations:
A. 
BOD: 300 mg/l.
B. 
Suspended solids: 300 mg/l.
C. 
Ammonia (NH3): 30 mg/l.
2. 
The industrial surcharge formula provides additional charges for industrial wastes of greater strength than that of normal domestic waste. The formula to determine the additional charge is as follows;
I = Q (8.34) [(BOD - 300) (B) + (SS - 300) (S) + (NH - 30) (N)]
Where:
I
=
industrial user surcharge
Q
=
flow per month (million gallons)
BOD
=
assessed BOD concentration of industrial waste (mg/l)
SS
=
assessed SS concentration of industrial waste (mg/l)
NH
=
assessed ammonia concentration of industrial waste (mg/l)
B
=
power cost to treat one pound of BOD
S
=
power cost to treat one pound of suspended solids
N
=
power cost to treat one pound of ammonia nitrogen
300, 300, and 30
=
normal domestic sewage strengths for respective pollutants
8.34
=
conversion factor
When the value of BOD, suspended solids, and/or ammonia nitrogen is less than that for normal domestic sewage, the value for normal domestic sewage shall be used in the calculation of the surcharge.
3. 
Additional Surcharge. The formula specified in Subsection 2 of this section is to determine additional charges or surcharges for the treatment of industrial wastes having concentrations of BOD, suspended solids, and (or) ammonium in excess of those of domestic waste. It is, however, recognized that the discharge of any waste or other matter which contains any one or more of the prohibited substances listed in § 18-105 of this Part may result in extraordinary laboratory, labor, maintenance, and (or) treatment expenses to the Borough. Hence, it shall be the established policy of the Borough, in the event of the discharge of any industrial waste or other matter or substance containing any one of the prohibited substances, to bill the owner of the property from which the said discharge is made an additional surcharge of $1,000, plus all extraordinary laboratory, labor, maintenance, and treatment expenses incurred by the Borough as the result thereof, plus the amount of any fine or penalty assessed against the Borough by any state or federal agency as the result thereof. Each day that the said discharge is made shall result in a separate and additional surcharge of $1,000 plus any such expenses and any such fines or penalties. This charge shall be in addition to the normal sewer rental and (or) any industrial waste surcharge as incurred under Subsection 2 above.
4. 
Sampling and Inspection.
A. 
Wastes being discharged into the sewer system shall be subject to periodic sampling and inspection to be used as a basis for determining additional charges. Such sampling and inspection shall be made by the Borough as frequently as it may deem necessary. The analysis of the sample so obtained shall be the basis for computing additional charges. The cost of said sampling shall be borne by the Borough.
B. 
The consumer may request that samples be taken in addition to the normal periodic samples taken by the Borough. The cost of making this collection and analysis shall be borne by the industry.
C. 
Sampling facilities shall be accessible to the Borough at all times. All sampling and techniques shall be performed in accordance with the techniques prescribed in 40 Code of Federal Regulations Part 136 and amendments thereto. If 40 Code of Federal Regulations Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Superintendent or other parties approved by the Environmental Protection Agency.
5. 
The provision of this section, relating to rents and charges, may change from time to time, as the Borough Council deems necessary. The Borough Council may change these provisions by ordinance or by resolution or in any manner permitted by law. It is understood that these provisions were originally drafted at a time when operating and maintenance costs were much lower.
[Ord. 669, 5/14/2012]
1. 
Beginning October 1, 1987, bills for consumer units shall be rendered to the consumer on the first day of each calendar month, or as soon after the first day of each month as is possible. Said bill shall represent the amount due for sewer service rendered during the preceding month, and shall be due and payable as set forth in Subsection 2 of this section.
2. 
All bills for consumer units for sewer service shall constitute the net bill. If any such net bill for sewer service shall not be paid within 15 calendar days after the date thereof, such net bill shall be deemed delinquent and a penalty of 1.5% per month shall be added to the unpaid portion thereof; the net bill plus any such penalty shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of such fifteen-day period, as above set forth, shall constitute payment within such period. If the end of such fifteen-day period shall fall on a legal holiday or on a Sunday, payment made or mailed and postmarked on the next succeeding business day which is not a legal holiday shall constitute payment within such fifteen-day period.
3. 
If a bill for a consumer unit shall remain unpaid for a period of 30 days after the same shall have become due and payable, water and/or sewer service may be discontinued by this Borough upon five days' written notice to the sonsumer whose bill is delinquent, in which case water and/or sewer service will not be restored until the gross bill, together with the turn-on charge in effect at the time, shall have been paid.
4. 
Whenever sewer service to any consumer unit shall begin after the first day or shall terminate before the last day of any monthly billing period, the sewer rents and charges for such period shall be prorated equitably for that portion of the monthly billing period during which service was provided. Likewise, when any consumer unit shall be converted from a flat-rate basis for billing to a metered-rate basis for billing as a result of installation of a meter, the sewer rents and charges for the monthly billing period then in progress shall be adjusted equitably for such consumer unit.
5. 
Each bill for a consumer unit for sewer service shall be made out in the name of and shall be the responsibility of the owner. For the convenience of the owner and tenants, the bill may be sent to the tenant, but the final responsibility for payment shall be borne by the owner. Where more than one consumer unit is located in one building, house or other structure owned by one consumer, this Borough shall treat such owner as the consumer with respect to all consumer units located therein and such owner shall be billed for and shall be responsible for payment of all sewer rents and charges for sewer service rendered by this Borough to all such consumer units. Each consumer initially shall provide this Borough with, and thereafter shall keep this Borough advised of, his correct address. Failure to receive a bill for sewer service shall not be considered an excuse for nonpayment, nor shall such failure result in an extension of the period of time during which such bill shall be payable without penalty.
6. 
A consumer desiring abatement of a sewer bill due to a vacancy shall give notice in writing to this Borough requesting sewer service to be discontinued. All vacancies shall date from the day the required notice is received by this Borough or from the date specified in the notice requesting sewer service to be discontinued, whichever is later. Allowance may be made for the period of vacancy in computing the bill of the consumer; provided, however, that no abatement shall be made for a period of less than one month.
[Ord. 669, 5/14/2012]
1. 
Any person found to be violating any provision of this Part except § 18-106 shall be served by the Borough with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
2. 
Any person who shall continue any violation beyond October 1, 1987, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in the amount not exceeding the maximum allowed by state law per day for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
3. 
Any person violating any of the provisions of this Part shall become liable to the Borough for any expense, loss, or damage occasioned the Borough by reason of such violation.
4. 
Proper officers of this Borough are authorized and directed to do all things and take all legal action necessary, including the filing of municipal claims, shutting off water service, or any other action, in accordance with law, to enforce collection of Sewer rents and charges established and imposed hereby and otherwise to carry out provisions hereof.
5. 
Any person or owner or any person acting as agent, employee, contractor, tenant or servant of said person or owner who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of $1,000, or the maximum amount permitted by law, and shall be subject to imprisonment not to exceed 30 days, or the maximum amount allowed by the law, for the punishment of summary offenses. Each day that violation of this Part continues after notice shall constitute a separate offense.
6. 
Civil Enforcement.
A. 
Nothing in Subsection 5 hereinabove shall prevent the Borough from initiating civil enforcement proceedings before a District Justice or Court of Common Pleas of Tioga County. If this Part is to be enforced through civil enforcement proceedings, civil penalties shall be $600 per violation, or the maximum amount permitted by law. Each day that a violation of this Part continues after notice shall constitute a separate violation.
B. 
In any case where a penalty for a violation of this Part has not been timely paid and the person or owner upon whom the penalty was imposed is found to have been liable therefor in civil proceedings, the violators shall be liable for the penalty imposed, including additional daily penalties for continuing violations, plus court costs and reasonable attorney fees incurred by the Borough in the enforcement proceedings.
C. 
The Borough reserves the right to enforce the provisions of this Part in any manner permitted by law, and all fines and penalties collected for violation of this Part shall be paid to the Borough Treasurer.
[Ord. 669, 5/14/2012]
1. 
This Borough, from time to time, in accordance with law, by appropriate ordinance or resolution, may adopt such additional rules and regulations as, in the opinion of the Council of this Borough, may be desirable, beneficial or necessary for or in connection with the use and operation of the sewer system and which shall govern and control the collection and treatment of sewage by this Borough to consumers in this Borough and in the townships.
2. 
Any such rules and regulations shall be construed in conjunction with provisions hereof and shall become effective upon the date fixed by this Borough upon adoption thereof.
[Ord. 669, 5/14/2012]
It is declared that enactment of this Part is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of this Borough.