CROSS REFERENCES
Discharging water from a swimming pool into sanitary sewerage
system — See § 1444.08.
Dumping and storing cesspool cleanings, excrement and the like — See
§ 680.03.
Excavations by public service corporations and utility companies — See
§ 1026.06.
Stormwater management and sedimentation control — See Ch. 1230.
STATUTORY REFERENCES
Condemnation of property for sewers — See Borough
Code, 8 Pa.C.S.A. § 1501.
Nondebt revenue bonds for capital improvements — See
Borough Code, 8 Pa.C.S.A. § 1315.
Sanitary sewers — See Borough Code, 8 Pa.C.S.A.
§§ 2001 et seq.
Storm sewers and watercourses — See Borough
Code, 8 Pa.C.S.A. §§ 2201 et seq.
[Editor's Note: Res. 72-4, passed May 1, 1972, accepted
the Delaware County Sewage Facilities Plan, prepared by the Delaware
County Planning Commission, July, 1971, as the official ten-year plan
for sewage facilities in compliance with the Pennsylvania Sewage Facilities
Act of 1966. Ords. 151, passed May 9, 1960, 157, passed August 8,
1960 and 185, passed October 9, 1961, provided for connections between
certain lots in Shepard Tract, Segal Tract and Harrison Tract, respectively,
and the Borough's sanitary sewer system. Because these ordinances
are not general in their application, they are not codified. Copies
of the same may be obtained, at cost, from the Borough Secretary.]
[Ord. 24, passed 6-11-1951]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
Any building occupied for living quarters or for store or
business purposes.
[Ord. 24, passed 6-11-1951]
The owner or occupier of any property on which there is erected
a dwelling or unit requiring the disposal of sewage shall, within
30 days after receipt of notice duly served upon such owner or occupier,
connect his or her disposal system with the sanitary sewer in the
street in front of such dwelling or unit.
[Ord. 24, passed 6-11-1951]
No person shall make a connection with a sanitary sewer in the
Borough without first having obtained from the Plumbing Inspector
the necessary permit therefor. All connections shall be made in accordance
with the provisions of this chapter and any other relevant provisions
of these codified ordinances or any other relevant ordinance of the
Borough.
Before January 1 of each year, Council shall fix and levy the
amount of sewer rental that is to be levied upon dwellings and other
properties in the Borough.
[Ord. 344, passed 1-6-1975]
The Borough is hereby divided into four zones for the purpose
of fixing and collecting sewer rental charges, which zones are shown
on the Brookhaven Sanitary Sewer Map, dated January 6, 1975, prepared
by G. D. Houtman & Son.
(A)
Zone One shall consist of all units serviced exclusively by the Borough
sewer system and the sewer system of the Delaware County Regional
Water Quality Control Authority.
(B)
Zone Two shall consist of all units serviced exclusively by the Borough
sewer system and the sewer systems of the Borough of Upland and the
Delaware County Regional Water Quality Control Authority.
(C)
Zone Three shall consist of all units serviced exclusively by the
Borough sewer system and the sewer systems of the Borough of Parkside
and the Delaware County Regional Water Quality Control Authority.
(D)
Zone Four shall consist of all units serviced exclusively by the
Borough sewer system only.
[Ord. 648, passed 4-3-2000; Ord. 641, passed 1-31-2000; Ord. 652, passed 12-27-2000; Ord. 663, passed 12-28-2001; Ord. 673, passed 12-17-2002; Ord. 749, passed 11-9-2011]
(A)
The sewer rental charge for each unit for each calendar year shall
be as established by Council by annual resolution.
(B)
All sewer rental charges due pursuant to this section shall be due
and payable by the owner of the unit on or before May 31 of each year.
In the event payment is not received by May 31, a penalty of 10% shall
be added to the bill and interest on the unpaid amount charged at
the maximum rate permitted by law. All sewer rental charges due under
this section shall be collected by the filing of a lien in accordance
with law or other lawful means.
(C)
All owners of any improved premises required to connect to the Borough
sewer system shall pay to the Borough a "tapping fee" of $2,500/EDU
(equivalent dwelling unit) to be connected to the sewer main from
any improved premises. The tapping fees shall be used to pay the costs
of inspecting the sewer laterals by the Borough and to offset proposed
increases in flow through inflow/infiltration reduction efforts. The
owner may install the lateral from the sewer main onto the improved
premises upon payment of the tapping fees and at any time after the
permit required by § 1042.03 is granted in the case of a
single lot held in separate ownership, or at any time after the approval
of the subdivision or land development plan and the granting of the
permit required by § 1042.03 in such a case. The owner shall
give the Borough at least 15 days' written notice of the time
when the owner proposes to make the connection and install the lateral.
Prior to covering the lateral, the Borough shall inspect and approve
the installation. The tapping fee shall be paid to the Borough within
15 days of the owner's notice and prior to the connection being
made to the sewer main.
[Ord. 344, passed 1-6-1975]
For sewer rental charge purposes, a school unit shall consist
of 12 people. The sewer rental charge for schools shall be determined
and charged by multiplying the number of units by the per unit charge
for the zone in which the school is situated.
[Ord. 641, passed 1-31-2000]
Sewer rental charges shall be collected by the Tax Collector,
who shall receive compensation for his or her services in an amount
to be determined from time to time by motion of Council.
[Ord. 174, passed 5-8-1961]
(A)
The owner of any property situated outside the territorial limits
of the Borough may exercise the privilege of tying his or her sewerage
pipes into the sewer system of the Borough by requesting and obtaining
the permission of Council, the Borough Engineer and the governing
body of any Borough, township, city or other municipality wherein
such property is situated.
(B)
Any property owner who has received such permission shall give 24
hours' notice of the time such connection is to be made to the
Engineer so that the Engineer or his or her authorized agent can be
present to supervise the work of connection. All connections shall
be made at the place and in the manner designated by the Engineer.
[Ord. 523, passed 3-13-1989]
Before any nonresident connection is made to the Borough sewer
system, the applicant shall pay to the Plumbing Inspector, for the
use of the Borough, a connection fee as set forth in § 208.04(D)
of the Administration Code for each single connection unit connected
either directly or indirectly to the sewer system. Further, each owner
of property connecting to the sewer system shall pay an inspection
fee as set forth in § 208.04(D) of the Administration Code
to the Borough Engineer for the inspection of each connection.
[Ord. 174, passed 5-8-1961]
(A)
No person shall connect any property situated outside of the Borough
limits to the Borough sewer system until a permit therefor has first
been obtained from the Plumbing Inspector.
(B)
Any person who connects a property situated outside of the Borough
limits to the Borough sewer system shall pay an annual rental charge
to the Borough at the same rates paid by residents.
[Ord. 38, passed 11-10-1952]
(A)
No person shall erect or construct any dwelling house or building
on any street laid out or opened in the Borough without first having
constructed and installed sanitary sewers in the bed of such street
and connected such building thereto and without first having installed
storm sewers in the bed of such street.
(B)
No dwelling house or other building shall be erected or constructed
on any new street laid out in the Borough, or on any street in any
development for the construction of dwelling houses or other buildings
in the Borough, unless and until plans for such buildings have been
approved by the Borough.
(C)
No such plan shall be approved by Council unless and until proper
and adequate storm sewers and sanitary sewers are laid out and shown
thereon and approved by the Borough Engineer.
(D)
No plan of streets or sewers shall be approved by Council until the
sewerage plan and sewer system of any development have been approved
by the Pennsylvania Department of Environmental Resources.
[Ord. 748, passed 11-9-2011]
(A)
Purpose. This section is adopted to promote and protect the public
health, safety, comfort, convenience and other aspects of the general
welfare. These general goals include, among other things, the specific
enforcement of the Clean Water Act and the Pennsylvania Clean Streams
Law and the various regulations promulgated by DELCORA, the United
States Environmental Protection Agency and the Pennsylvania Department
of Environmental Protection, and such other agencies which may succeed
the aforementioned agencies, and the implementation of the Delaware
County Wastewater Management Plan and the National Pretreatment Standards,
40 C.F.R. §§ 401 et seq.
(B)
Wastewater treatment regulations. The DELCORA Standards, Rules and
Regulations of 2011, attached to Ord. 748 as Exhibit A, are hereby
collectively adopted as the wastewater treatment regulations for the
Borough. A copy of Exhibit A to Ord. 748 is available for public inspection
in the Borough offices during normal business hours.
(C)
Local limitations. The DELCORA Local Limitations for the Eastern
Service Area (the "Eastern Limitations") and the DELCORA Local Limitations
for the Western Service Area (the "Western Limitations"), as set forth
in DELCORA Res. 2011-01, attached to Ord. 748 as Exhibit B are hereby
adopted as the local limitations for all discharges of wastewater
in the Borough. All such discharge of wastewater shall comply with
Western Limitations. A copy of Exhibit B to Ord. 748 is available
for public inspection in the Borough offices during normal business
hours.
(D)
Violations. The Borough Council hereby ordains and establishes that
any person, firm or corporation who or which fails or refuses to comply
with the DELCORA Standards, Rules and Regulations shall be subject
to the penalties set forth in § 1042.99 and shall be responsible
for paying any and all costs to remediate or abate any damage caused
by such failure or refusal to comply.
(E)
Prosecution.
(1)
The Borough hereby appoints DELCORA or its designee as its agent,
having the power of the Borough to institute proceedings in the name
of the Borough against any and all persons, firms or corporations
who or which violate the provisions of this section.
(2)
In cases involving the enforcement of this section, the Solicitor
of DELCORA or its designee may cause subpoenas to be issued for witnesses
for the prosecution and may conduct the hearing on behalf of the Borough.
[Ord. 751, passed 12-5-2011]
(A)
Application to existing and future owners.
(1)
The provisions of this section are intended to apply to all
existing and future users of the sewer system. Existing users shall
have 90 days from the adoption of this section to construct such facilities
and take such measures as may be necessary to bring their establishments
in conformance with this section.
(2)
Future users of the sewer system shall be in compliance with
this section at the time connection is allowed to the system.
(B)
Separators and grease traps not required. Neither separators nor
grease traps are required for residences. If however, groups of residences
utilize a common kitchen facility or dining facility, then the provisions
of this section shall be applied.
(C)
Information. All users currently connected to the sewer system and
all future users who apply for connection to the sewer system in the
future are required to provide information and documentation to the
Borough sufficient so that the Borough may determine whether a separator
or grease trap is required.
(D)
Prohibited wastes. The following wastes are prohibited from being
deposited into any sewer system:
(1)
Solid or viscous substances which may cause obstruction to the
flow in a sewer or other interferences with the operation of the wastewater
treatment facilities such as, but not limited to, grease, garbage
with particles greater than one-half inch in any dimension, animal
guts or tissues, paunch, manure, bones, hair, hides, spent lime, stone
or marble dust, metal, glass, straw, shavings, grass clippings, rags,
spent grains, spent hops, waste paper, wood, plastics, solvents, gasoline,
antifreeze, oil-based paints, tar, asphalt, residues, residues from
refining or processing of fuel, lubricating oil, mud, glass grindings,
polishing wastes, fur, ashes, incinerator residue, dredged spoil,
solid waste, construction materials, rock, sand, cellar dirt, feathers,
wood, tar, cinders, medical waste or any other harmful chemicals;
and
(2)
No residential, commercial or industrial property which is connected
to the sewer system may discharge any surface water from sump pumps,
gutter, drains, downspouts, air-conditioning condensate lines, or
any other similar source into the sewer system. All privately owned
laterals must be maintained so as to minimize infiltration of groundwater
into the sewer system.
(E)
Grease traps.
(1)
Grease traps shall be provided pursuant to the Borough's
specification rules and regulations when, in the opinion of the Borough,
they are necessary for the proper handling of liquid wastes containing
floatable grease in such amounts as to cause obstruction to the flow
in a sewer or other interference with the operation of any public
or private wastewater treatment facilities. In general, grease traps
shall be required at all eating and drinking places and food or beverage
manufacturing, processing and merchandising establishments.
(2)
All interceptors shall be of a type and capacity approved by
the Borough and shall be located as to be readily and easily accessible
for cleaning and inspection. All systems shall be designed, constructed
and operated in accordance with the manufacturer's specifications.
A permit shall be obtained from the Borough Plumbing Inspector prior
to installation of an interceptor.
(3)
Grease traps shall be equipped with devices to control the rate
of water flow so that the manufacturer's rating is not exceeded.
The minimum capacity of a grease trap shall be such that the grease
retention capacity measured in pounds of grease shall be at least
two times the total flow-through rating measured in gallons per minute.
(4)
All grease traps shall be from a manufacturer with a minimum
of five years of experience in the manufacturing of grease traps and/or
shall conform to the Plumbing and Drainage Institute (PDI) standard
G101.
(F)
Separators.
(1)
Provided. Separators shall be provided when, in the opinion
of the Borough, they are necessary for the proper handling of liquid
wastes containing soil, sand, any flammable wastes or any other harmful
ingredients in such amounts as to cause obstruction to the flow in
a sewer or other interference with the operation of the wastewater
treatment facilities.
(2)
Borough-approved. All separators shall be of a type and capacity
approved by the Borough and shall be located as to be readily and
easily accessible for cleaning and inspection. All systems shall be
designed, constructed and operated in accordance with the manufacturer's
specifications. A permit shall be obtained from the Borough Plumbing
Inspector prior to installation of a separator.
(3)
Separators required. At repair garages, gasoline stations with
grease racks, grease pits or work racks, and at factories where oily
and flammable liquid wastes are produced, separators shall be installed
into which all oil-bearing, grease-bearing or flammable wastes shall
be discharged before emptying in the building drainage system or other
point of disposal.
(4)
Separation of liquids. A mixture of treated or untreated light
and heavy liquids having various specific gravities shall be separated
in an approved receptacle.
(5)
Design of oil and liquid separators. Separators shall be designed
as provided below.
(a)
Overall requirements. Oil separators shall have a depth of not
less than two feet below the invert of the discharge drain. The outlet
opening of the separator shall have not less than eighteen-inch water
seal.
(b)
Garages and service stations. Where automobiles are serviced,
greased, repaired, washed or where gasoline is dispensed, separators
shall have a minimum capacity of six cubic feet for the first 100
square feet of area to be drained into the separator. Parking garages
in which servicing, repairing or washing is not done, and in which
gasoline is not dispensed, shall not require a separator. Areas of
commercial garages which are used for storage of automobiles only
are not required to be drained through a separator.
(6)
Sand separators. Separators for sand, grit and similar heavy
solids shall be so designed and located as to be readily accessible
for cleaning and shall have a water seal of not less than six inches.
Sand and grit separators shall be required in all locations where
cars or trucks are washed and shall have a minimum capacity of 500
gallons at such locations.
(7)
Laundries. Commercial laundries shall be equipped with separators
having a wire basket or similar device, removable for cleaning, that
will prevent passage into the drainage system of solids one-half inch
or larger in size, string, rags, buttons or other materials detrimental
to the public sewage system.
(8)
Bottling establishments. Bottling plants shall discharge their
process wastes into a separator which will provide for the separation
of sugar, broken glass or other solids, before discharging waste into
the drainage system.
(9)
Slaughterhouses. Slaughtering room and dressing room drains
shall be equipped with approved separators. The separator shall prevent
the discharge into the drainage system of feathers, entrails and any
other materials that could potentially cause clogging.
(10)
Venting of separators. Separators shall be so designed that
they will not become air bound if tight covers are used. Each interceptor
or separator shall be vented when subject to loss of trap seal.
(G)
Costs.
(1)
The owner of each improved property shall be responsible for
all costs associated with the installation, operation, maintenance
and replacement of separators and/or grease traps. These costs shall
include the cost of properly disposing of the accumulated material.
(2)
If a separator or grease trap at an improved property was not
installed or malfunctions due to lack of maintenance, lack of cleaning
or for any other reason and such lack of installation or failure shall
cause blockages, sewage back-ups, sewage overflows or in any other
manner damages or interferes with the operation of the sewer system,
then the owner of the improved property shall be responsible to pay
for all costs required to repair and clean the Borough's sewer
system. Such costs shall include, but shall not be limited to, cleaning
costs, pumping costs, engineering costs, legal fees and administrative
costs.
(H)
Inspection. The Borough shall have the right to inspect the grease
traps and/or separators to ensure that the systems are in working
order and that the systems are being properly maintained and cleaned.
The Borough shall have the right to inspect the cleaning records at
the time the inspection occurs.
(I)
Maintenance and records.
(1)
The owner of an unproved property which utilizes a grease trap
and/or separator shall at all times keep the system in good working
condition. The traps or separators shall be cleaned periodically to
keep them in good working order. All traps and separators shall be
cleaned at least once every three months.
(2)
The records shall include the date of disposal, the means of
disposal, the name and signature of the person responsible for supervising
the cleaning of the separators and grease traps and the proper disposal
of the accumulated material. Annually the owner shall transmit a copy
of the cleaning records to the Borough. Records of each cleaning shall
be maintained by the establishment for a period of three years.
(J)
Disposal of accumulated material. All materials which are accumulated
by the separators and/or grease traps shall be properly disposed of
by the owner. Under no circumstances shall accumulated material be
allowed to enter into the sewer system. Any removal and hauling of
the collected materials not performed by owner's personnel must
be performed by currently licensed waste disposal firms.
(K)
Violations and penalties.
(1)
Any person who shall violate any provision of this section or
who permits the violation of any provision of this section shall be
subject to a fine of $1,000 for each violation.
(2)
Each violation for each separate day after notice from the Borough
and each violation of any provision of this section shall constitute
a separate and distinct violation, subjecting the owner of the property
to fines of $1,000 for each day the violation continues.
(3)
Any person who violates or permits the violation of any provision
of this section shall, upon being found liable therefore in enforcement
proceedings commenced by the Borough, pay the fines prescribed by
this section, plus all court costs, including all reasonable attorney
fees, incurred by the Borough.
(4)
Enforcement of this section shall be the responsibility of the
Health Inspector, or the designated Borough agent as appropriate.
(5)
Enforcement of this section may also be accomplished by an action
in equity brought before the Court of Common Pleas of Delaware County.
The defendant in such action shall be liable for all court costs,
including all reasonable attorney fees incurred by the Borough.
(L)
Abatement of nuisances. In addition to any other remedies provided
in this section, any violation of this section shall constitute a
nuisance and may be abated by the Borough by either seeking appropriate
equitable or legal relief from a court of competent jurisdiction.
The Borough shall be entitled to an award of all counsel fees incurred
in such civil action to abate the nuisance.
[Ord. 548, passed 9-9-1991]
Whoever violates any provision of § 1042.13 shall
be subject to pay a fine of up to $1,000 or the maximum legal limit
of the fining authority, whichever is greater, and/or, upon conviction
thereof, shall be sentenced to imprisonment for a term not to exceed
90 days. Every day that each violation of such section and/or DELCORA's
Standards, Rules and Regulations, as amended, continues, shall constitute
a separate offense.
[1]
Editor's Note: See § 202.99 for general code
penalty if no specific penalty is provided.
