A. 
As used in this article, the following words shall have the meanings indicated unless a different meaning clearly appears from the context:
APPROVED
The words "approved," "accepted," "satisfactory," or words of like import mean approved by, accepted by or satisfactory to the Borough, unless another meaning is plainly intended or otherwise specifically stated.
AUTHORITY
The Municipal Authority of the Borough of Lemoyne.
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in parts per million by weight.
BOROUGH
The Borough of Lemoyne.
BOROUGH ENGINEER
A person or organization duly employed by the Borough as a consultant and authorized to inspect the results of the performance of any act required herein, acting directly or through properly authorized agents, engineers, assistants, inspectors or other representatives acting severally within the scope of the particular duties entrusted to them. The word "engineer" includes the officer, agents and employees of the engineer. In the event that the Borough does not employ an engineer, the word "Borough" shall be substituted for "engineer."
BOROUGH INSPECTOR
The authorized representative of the Borough who is assigned to the project site or any part thereof for the purpose of supervision.
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING CONNECTION
The pipe extending from the outer wall of the building to be served to the service lateral.
COMPLETION CERTIFICATE
The certificate of the engineer approved by the Borough indicating the completion and acceptance of all specified and performed work.
CONTRACTOR
The person with whom the Borough, owner or developer has executed an agreement for the performance of the acts required herein.
DEVELOPER
Any owner or other person with the permission of owner intending to or actually developing land situated within the Borough.
DRAWINGS-PLANS COLLECTIVELY
All the drawings and plans or reproductions of same pertaining to the construction of a project and such supplementary drawings as may be issued from time to time in an order to elucidate or clarify said drawings, or for showing details. Said drawings include record drawings, contract drawings and any other drawings referred to in applicable specifications.
EQUIVALENT DWELLING UNIT (EDU)
A unit of measure of the wastewater discharge and demand upon the sewer system approximating the typical usage of a median single-family home.
IMPROVED PROPERTY
Any property within the Borough upon which there is erected a structure intended for occupancy or use by human beings or animals and from which structure sewage or industrial waste, or both, may be discharged.
INDUSTRIAL ESTABLISHMENT
Any building, or part thereof, used or intended for use in the operation of a business enterprise for manufacturing, compounding, processing, cleaning, laundering, treating of materials, articles or merchandise or assembling any product, commodity or article and including all establishments permitted by Chapter 550, Article V, General Business and Other Zoning Districts, of the Code of the Borough of Lemoyne.
INDUSTRIAL WASTE
All wastes discharged from an industrial establishment, other than sewage.
INSPECTION
The examination of the work performed required herein to ascertain conformity with specifications, this article and other applicable laws, rules, and regulations.
ON-LOT SEWAGE SYSTEM
Any system that collects, treats, and disposes of sewage in whole or in part into the soil, or retention in a retaining tank.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Borough, including a lessee authorized to exercise the right of an owner.
PERSON
Any natural person, association thereof, partnership or corporation.
PROJECT
All the necessary performances, services and materials required for the satisfactory completion of the work included herein.
SERVICE LATERAL
The pipe extending from the sewer system main line to the curbline or, if there shall be no curbline, to the property line.
SEWAGE
Any substance containing liquid household waste, drainage from building plumbing or equipment, human excreta, or other discharge from the bodies of human beings or animals, industrial waste, and any noxious or deleterious substances potentially harmful or inimical to the public health, or to animal or aquatic life, or to the use of the water for domestic water supply or for recreation.
SEWER MAIN
Any pipe or conduit constituting a part of the Borough sewer system used or usable for collection or transportation of sewage.
SEWER SYSTEM
Facilities for collecting, transporting, and treating of sewage which is owned or operated by the Borough or Authority.
SPECIFICATIONS
Collectively, all of the definitions, descriptions, directions, provisions, requirements, terms, and stipulations referred to in the standard specifications set forth herein, and all written supplements thereto, made or to be made, pertaining to the project, and the materials and workmanship to be furnished for the workmanship to be furnished for the completion of the project.
TAX PARCEL
A parcel of property which has a distinct ad valorem property identification number.
B. 
Interpretation of definitions.
(1) 
Words used in the present tense include the future tense.
(2) 
The singular includes the plural and the plural the singular.
(3) 
The word "building" includes the word "structure" and shall be construed as if followed by the words "or part thereof." The word "occupy" includes the words "designed or intended to be occupied."
(4) 
The word "lot" includes the word "plot" or "parcel."
(5) 
The term "shall" is always mandatory.
(6) 
The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."
(7) 
The word "includes" shall not limit the term to the specified example but is intended to extend its meaning to all other instances of like kind and character.
(8) 
Gender. Reference to one sex is a reference to any.
Required connections to the sewer system shall be made prior to occupancy and use of any improved property. Any improved property presently occupied or in use which is not connected to the sewer system, but which is required to be connected, shall be promptly connected at the expense of the owner.
No privy, cesspool, septic tank, sink hole, or similar receptacle shall be used and maintained at any time on any improved property which has been connected to the sewer system or which is required by Chapter 420 to be connected to the sewer system. All such receptacles in existence shall be abandoned and, at the discretion of the Borough, shall be cleansed and filled at the expense of the owner of such improved property, under the direction and supervision of the Borough.
Each improved property, whether constructed as a detached unit or as one of a pair or row, shall be connected separately and independently to the sewer system through a building connection and service lateral. A single building connection shall be permitted to serve an apartment house or other permanent multiunit structure where in the individual apartment or units are not subject to separate ownership. The owner is responsible for construction of a separate building connection and service lateral if not originally installed. Exceptions to this provision may be made by Borough Council pursuant to an owner application to the Borough.
A. 
Permit required. A permit issued by the Borough shall be required for any mobile home connection, building connection or service lateral connection, disconnection, repair, replacement, or alteration. A permit shall be valid for one year from the date of its issuance and upon application within said year may be extended for an additional 365 days, provided that construction has in fact started. If, within one year of the date of issuance of the original permit, construction has not started, the permit shall automatically lapse, and the owner must obtain a new permit and pay the then-applicable fees. If construction is not completed within 760 days from the date of original issuance of the permit, said permit automatically lapses and the owner must obtain a new permit and pay the then-applicable fees. No credit shall be given for previous fees paid.
B. 
Borough supervision. All connections, disconnections, repairs and replacements, or alterations are subject to the supervision, control, and approval of the Borough.
C. 
Owner responsibility. The owner is responsible for the following:
(1) 
Applying for and obtaining all necessary permits and paying all fees.
(2) 
Construction and connection of all mobile home connections, building connections and in circumstances deemed necessary by the Borough pursuant to this chapter all service laterals, and construction of and connection of any required sewer system in all subdivision and land development plans, including the payments of all costs, fees and expenses involved therewith. Construction, connection, repair, replacement, or alteration of a service lateral shall require the supervision and installation responsibility of a licensed master plumber, according to the latest municipal, state, or federal standards and subject to the Borough's approval. The Borough shall be exempt from this requirement.
(3) 
Complying with all applicable laws, ordinances, resolutions, rules, regulations, and specifications of the Borough.
(4) 
Timely notifying the Borough so that it can supervise and inspect.
(5) 
Indemnifying and saving harmless the Borough and the Authority from all losses, expenses, damages and claims therefor that result, directly or indirectly, from owner's acts.
All building connections, service laterals, and all other required sewer work shall comply with the provisions of this article and the Borough's "Specifications for Extensions to the Sanitary Sewer System" and "Specifications for Service Laterals, Building Connections, and Mobile Home Connections," as applicable.
A. 
Industrial wastes. The Borough reserves the right to refuse connection to the sewer system or to compel discontinuance of use of the sewer system or to compel pretreatment of industrial waste by any industry, in order to prevent discharge to the sewer system of any waste deemed to be harmful to the sewer system or sewage treatment plant or to have a deleterious effect on the sewage treatment processes.
B. 
Council of the Borough shall have the right to require pretreatment of industrial process and manufacturing waste where such waste has a higher concentration of suspended solids, five-day biological oxygen demand (BOD), phosphorus and ammonia and chlorine demand exceeding those of normal domestic sewage, and Council of the Borough shall also have the right to impose a surcharge for industrial process and manufacturing waste, said surcharge to be applied in accordance with a formula to be developed for each individual waste with higher concentration of suspended solids, etc., five-day biological oxygen demand (BOD), phosphorous and ammonia and chlorine demand exceeding those of normal domestic sewage. Upon approval by Council of the Borough, such rentals, including surcharges, shall be deemed to be imposed under this article.
A. 
Owner is responsible for maintenance, repair and replacement of the building connection and cleanout(s) (that part of the sewer line from the service lateral to the building served). The owner is also responsible for maintenance, repair, and replacement of any service lateral damaged or impaired by actions of the owner, owner's lessees or owner's contractor. In all other cases, the Borough is responsible for repair and replacement of service laterals.
B. 
In all cases the owner is responsible for construction of separate and independent service laterals if not originally installed, as required by § 420-6.
No person shall discharge or cause to be discharged any spring water, stormwater, surface water, groundwater, roof runoff, subsurface drainage, building foundation drainage, drainage from roof leader connections, cooling water or industrial process waters into the sewer system.
A. 
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes into the sewer system:
(1) 
Any liquid or vapor having a temperature higher than 150° F. or 68° C.
(2) 
Any water or waste which may contain more than 100 parts per million by weight of tar, fat, oil, or grease.
(3) 
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid, or gases.
(4) 
Any solid wastes resulting from preparation, cooking and dispensing of food from handling, storage and sale of produce, which wastes commonly are known as "garbage," which have not been ground by household-type disposal units or other suitable garbage grinders.
(5) 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, wipes, feathers, tar, plastics, wood, manure, cotton, wool or other fibers, or any other solid or viscous substances capable of causing obstruction or other interference with proper operation of the sewer system.
(6) 
Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, or operating personnel of any part of the sewer system.
(7) 
Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the biosolids or waters receiving the sewage treatment plant effluent.
(8) 
Any noxious or malodorous gas or substance capable of creating a public nuisance.
(9) 
Any solid of such character and quantity that special and unusual attention is required for its handling.
(10) 
Any waters or wastes which are prohibited or exceed defined limits in the PA DEP National Pollutant Discharge Elimination System (NPDES) permit.
B. 
Any violations shall be subject to the penalties listed in § 420-26.
A. 
Grease, oil and sand interceptors shall be provided by and at the expense of the property owner when, in the opinion of the Borough, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or containing any flammable wastes, sand, and other harmful ingredients. All interceptors shall be of a type and capacity approved by the Borough and shall be located so as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gastight and watertight. All costs involved therewith shall be the responsibility of the owner, including any costs incurred by the Borough.
B. 
All grease, oil and sand interceptors shall be maintained in continuously efficient operation by the owner, at owner's expense.
C. 
Borough personnel shall have the right to make periodic inspections of the installed facilities and associated records to ensure that proper installation, maintenance, and disposal procedures are being practiced. During these inspections, the Borough may sample and test the wastewater discharge and observe the performance of the grease trap or interceptor.
D. 
The owner shall maintain complete and accurate records of the dates and means of disposal, person performing maintenance, estimated volume of fats, oil and grease (FOG) removed, hauler receipts or manifests, disposal locations and the name and the signature of the person(s) responsible for supervising the cleaning/maintenance and the proper disposal of the accumulated materials. Inspection, cleaning, and repair records shall be maintained by the owner for a minimum of three years and are subject to review by the Borough.
E. 
The owner of grease traps/interceptors and oil/water separators shall submit each year a fats, oils and grease (FOG) annual report by January 31 for the previous calendar year, including copies of all invoices/manifests related to oil and grease removal. Copies of the FOG annual report are available at the Borough office. The report will include the name of the person who performed the cleaning, the amount removed, and where the grease trap, grease interceptor or oil/water separator contents were disposed of. Records of the cleaning shall be maintained for at least three years at the site of the grease trap, grease interceptor or oil/water separator.
A. 
The admission into the sewer system of any waters or wastes having any of the following characteristics shall be subject to the review and approval of the Borough:
(1) 
A five-day BOD greater than 300 ppm weight.
(2) 
Containing more than 350 ppm by weight of suspended solids.
(3) 
Containing any quantity of substances having the characteristics described in § 420-13 of this article.
(4) 
Having an average daily flow greater than 2% of the average daily sewage flow of the Borough.
B. 
Where necessary to ensure proper treatment as determined by the Borough, owner shall provide such preliminary treatment as may be necessary to:
(1) 
Reduce the BOD to less than 300 ppm by weight and suspended solids to less than 350 ppm by weight.
(2) 
Reduce objectionable characteristics or constituents to within the maximum limits provided in § 420-13 of this article.
(3) 
Control the quantities and rates of discharge of such waters or wastes.
(4) 
All costs involved therewith, including Borough costs, shall be the responsibility of owner.
C. 
Plans and specifications, and any other pertinent information, relating to proposed preliminary treatment facilities shall be submitted for the approval of the Borough, and no construction of such facilities shall be commenced until approval is obtained in writing. All costs involved therewith shall be responsibility of the owner, including costs incurred by the Borough.
When required by the Borough to facilitate observation, sampling and measurement of the wastes, the owner of any improved property discharging industrial wastes shall install a suitable sampling and control manhole in the building connection. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Borough. The manhole shall be installed by the owner at owner's expense and shall be maintained by owner so as to be safe and accessible at all times. All costs, including Borough costs, shall be the responsibility of owner.
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Article I shall be in accordance with standard methods for the examination of water and sewage, and shall be determined at the control manhole provided for in § 420-17, or, if there is no control manhole as provided for in § 420-17, the control manhole shall be considered to be the nearest manhole in the sewer system downstream from the point at which the building sewer is connected, and the matter shall be determined upon suitable samples taken from that point. The timing of sampling is at the discretion of the Borough but will be no less frequent than annually. All costs involved, including Borough's costs, shall be the responsibility of the owner.
A. 
The owner of an improved property required to be connected with the Borough's sewer system shall pay an initial connection fee for a building connection to an existing service lateral, or for a new building connection and service lateral as is necessary to pay the total cost incurred by the Borough in issuing permits, supervising, inspecting and doing other acts involved with said connections. The connection fee is set annually by the Borough. The initial fee shall be payable to the Borough when the connection application is filed with the Borough. The additional fee shall be invoiced, and payment is due on the date of said invoice.
B. 
The owner of an improved property making an initial connection to the sewer system or modifying the use of the property to increase the EDUs must pay a tapping fee intended to cover the costs of infrastructure to manage, collect, treat, and discharge the wastewater. The tapping fee per EDU is set by the Authority, shown on the Borough Fee Schedule,[1] and collected by the Borough at the same time and manner as the connection fee described in Subsection A.
[1]
Editor's Note: The Borough Fee Schedule is on file in the Borough offices.
All owners of property involved with construction of sewer facilities that involve more than just a building connection and a service lateral shall pay an inspection fee as outlined in the fee schedule. No construction of any kind shall take place until said fee is paid. No connection to the Borough sewer system, or use thereof, may be made until all fees due to the Borough are paid. Total costs to the Borough will be calculated by the Borough. If said costs are less than fees paid pursuant to this section, Borough will refund the difference to payer of said fees.
An applicant for a permit to disconnect shall pay a fee as outlined in the fee schedule at the time of application and such additional fee as is necessary to pay the total costs incurred by the Borough in issuing permits, supervising, inspecting, and doing other acts involved therewith. Said additional costs shall be due upon approval of the permit application.
An owner of an improved property desiring to repair, replace or alter a building connection or service lateral must obtain a permit and pay an initial fee as outlined in the fee schedule at the time of application and an additional fee of such greater amount as is necessary to pay the total cost incurred by the Borough in issuing permits, supervising, inspecting, and doing other acts involved with said work. All fees are due upon approval of permit application.
Fees shall be sufficient to cover costs of the procedures. Fees may be changed from time to time by Borough resolution.
A. 
Any property determined to be in violation of any provision of this Chapter 420 shall be provided an enforcement notice by the Borough. The enforcement notice shall be sent to the owner of record of the tax parcel on which the violation has occurred. If it is unclear which tax parcel is in violation, the Borough may send enforcement notices to all tax parcels affected by the violation.
B. 
The enforcement notice shall state:
(1) 
Owner of the tax parcel;
(2) 
Address/tax parcel identification number of tax parcel in violation;
(3) 
The specific violation describing what provisions of this Chapter 420 have not been met;
(4) 
The date before which remediation must be commenced;
(5) 
That the recipient has the right to appeal this determination to Borough Council within 45 days of the date of the enforcement notice; and
(6) 
Failure to comply with the requirements in the enforcement notice shall constitute a violation and may subject the owner to penalties as outlined in § 420-26.
A. 
Upon failure of a property owner to comply with the requirements of an enforcement notice issued pursuant to this Chapter 420, the Borough may make the connection or repair as required and outlined in the enforcement notice and collect the cost from the owner by a municipal claim or by an action in assumpsit.
B. 
The Borough may also, by penalties, enforce the provisions of this article. Any person who violates the provisions of this article shall be issued a summary violation notice in addition to the enforcement notice. Penalties upon conviction of the summary violation shall result in imposition of a fine as established by the Borough of not less than $100 and not more than $600 for each violation. Each day that a violation continues shall constitute a separate violation subject to additional daily penalties. Unpaid penalties shall be collected from the property owner by municipal claim or by an action in assumpsit.