Borough of Derry, PA Chapter 340 Sewers and Sewage Disposal

[HISTORY: Adopted by the Borough Council of the Borough of Derry 6-11-2024 by Ord. No. 811.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance superseded former Chapter 340, Sewers and Sewage Disposal, Part 1, Sewage Disposal, adopted 2-11-1975 by Ord. No. 480 (Ch. XIX, Parts 1 through 5 and Part 7, of the 1975 Code of Ordinances) and amended 8-7-1978 by Ord. No. 514; 4-9-1979 by Ord. No. 521; 12-10-1990 by Ord. No. 598; Part 2, Sewer Rental Charges and Fees, adopted 12-29-1988 by Ord. No. 581 and amended in its entirety 6-10-1991 by Ord. No. 603 (Ch. XIX, Part 6, of the 1975 Code of Ordinances) and further amended 12-28-1993 by Ord. No. 617; 3-15-2003 by Ord. No. 671; 9-17-2007 by Ord. No. 718; 6-13-2011 by Ord. No. 740; and Part 3, Inspection and Testing of Private Sewer Laterals, adopted 12-10-2018 by Ord. No. 782.

§ 340-1 General.

A. The Board of the Derry Borough Municipal Authority has duly adopted the following rules and regulations which shall govern and control operation of the sewer system by the Authority.

B. The provisions of the rules and regulations are severable. If any word, sentence, clause, section or other provision thereof is found by a court of competent jurisdiction to be unlawful and void, the remaining provisions shall nevertheless remain valid.

C. It is the intent of these rules and regulations to establish construction standards that meet or exceed the provisions of the Uniform Construction Code. If any standard contained in these rules and regulations is determined to be less stringent than the standards provided in the Uniform Construction Code, the more stringent standard shall apply.

D. The proper officers of the Authority are hereby authorized to take all steps, to execute all documents and to do all things necessary or proper to carry out all of the provisions set forth in these rules and regulations and to comply with state, county, and federal regulations in connection with the ownership, maintenance and operation of the sewerage system.

§ 340-2 Definitions.

ABNORMAL INDUSTRIAL WASTE

Shall mean any industrial waste having a suspended solids content or B.O.D. appreciably in excess of that normally found in municipal sewage. For the purposes of this regulation, any industrial waste containing more than 290 parts per million of suspended solids, or having a B.O.D. in excess of 245 parts per million, shall be considered an abnormal industrial waste regardless of whether or not it contains other substances in concentrations differing appreciably from those normally found in municipal sewage.

APARTMENT BUILDING

Shall mean a building divided into three or more dwelling units, each without a separate entrance and having no fixtures for water usage outside the dwelling unit.

AUTHORITIES ACT

Shall mean the Municipality Authorities Act, 53 Pa.C.S.A. Ch 56 (formerly the Municipality Authorities Act of 1945), as the same shall have been amended and supplemented at the time in question.

AUTHORITY

Shall mean The Municipal Authority of the Borough of Derry, Westmoreland County, a body corporate and politic, organized and existing under the laws of the Commonwealth of Pennsylvania (also referred to as "DBMA").

BIOCHEMICAL OXYGEN DEMAND (BOD)

Shall mean the quantity of oxygen utilized in the bio-chemical oxidation of organic matter under standard laboratory procedure in five days at 20°C., expressed in parts per million by weight. The BOD shall be determined by one of the acceptable methods described in the latest edition of Standard Methods for the Examination of Water and Sewage published by the American Public Health Association.

BOROUGH

The Borough of Derry, Westmoreland County, Pennsylvania, a Pennsylvania municipal corporation, acting by and through its Council or, in any appropriate cases, acting by and through its authorized representatives.

BUILDING SEWER

The pipeline constructed and owned by the property owner extending from the plumbing fixtures in a building to the property line or easement line of the wastewater system.

CHARGES FOR SEWAGE SERVICES

The charges for sewage services will be based on the published schedule of rates of the Authority.

CHLORINE REQUIREMENT

Shall mean the amount of chlorine, in parts per million by weight, which must be added to sewage to produce a specified residual chlorine content, or to meet the requirements of some other objective, in accordance with procedures set forth in the latest edition of Standard Methods for the Examination of Water, Sewage and Industrial Waste published by the American Public Health Association.

COMBINED SEWER

A sewer designed to receive both sewage and stormwater runoff which has been approved for such purpose.

COMMERCIAL/INDUSTRIAL DISCHARGE PERMIT

A permit issued to those industrial users that the Authority does not classify as significant industrial users, but are considered to have a minor impact, either potential or realized, either singly or in combination with other contributing commercial or industrial establishments, on the sanitary sewer system and/or the wastewater treatment facility (either its operational efficiency, effluent quality or quality of the sludge produced by such facility).

COMMERCIAL/INDUSTRIAL ESTABLISHMENT

A property which is intended to be used for the purpose of carrying on a trade, business or profession or for social, religious, educational, charitable or public uses.

COMPOSITE SAMPLE

A sample consisting of a combination of individual samples regardless of flow obtained at regular intervals over a period of time, and shall reasonable reflect the actual discharge conditions for that period of time.

CONNECTION

Shall mean a physical link between two pipes.

CONNECTIONS IN DISREPAIR

Any portion of the sanitary sewer lateral that is leaking or structurally defective and allows the inflow and infiltration of any surface or subsurface water other than sanitary sewage into the sanitary sewer system.

CONVEYANCING AND/OR REFINANCING OF PREMISES

Shall mean the transferring of ownership or the refinancing of any premises by any means, but excludes the acquisition of a home equity loan or any transfer between family members by adding or deleting a parent or child's name to/from a deed.

CUSTOMER

Shall mean the owner or tenant, contracting for and/or using sewage service for one or more premises.

DAILY COMPOSITE SAMPLE

A sample consisting of a combination of individual samples, regardless of flow, collected at regular intervals over a period of time; the sampling duration shall be not less than 20 hours and shall not exceed 28 hours.

DATE OF PRESENTATION

The date upon which a bill or notice is mailed, as evidence by the United States Post Office mark.

DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)

The Department of Environmental Protection of the Commonwealth of Pennsylvania, or any department or agency of the Commonwealth of Pennsylvania, or any department or agency of the Commonwealth succeeding to the existing jurisdiction or responsibility of the Department of Environmental Protection.

DOCUMENT OF CERTIFICATION

Shall mean a final or temporary official statement from the Authority stating that at the time of any inspection and/or testing conducted by the Authority there is no inflow or infiltration from the premises and there are no building lateral sanitary sewers or other connections in disrepair.

DOMESTIC USE

A property which is intended to be used for continuous or periodic habitation by human beings in a single-family unit.

DOMESTIC USER

Any person discharging only sanitary sewage.

DRAINAGE SYSTEM

Shall mean piping within a public or private premise that conveys sewage to a point of disposal.

DWELLING UNIT

Shall mean a building or portion thereof providing living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking or sanitation.

ENVIRONMENTAL PROTECTION AGENCY (EPA)

The Environmental Protection Agency of the United States, or any agency or department of the United States succeeding to the existing jurisdiction or responsibility of the Environmental Protection Agency.

EQUIVALENT DWELLING UNIT (EDU)

A dwelling consisting of a room, group of rooms, house trailer or other enclosure occupied or intended for occupancy as a separate living quarters by a family or persons living together or by persons living alone. The value of sewage generated by one EDU is for purposes of this article 250 gallons per day.

FOOD SERVICE FACILITY

Shall mean any food service facility which prepares and/or packages food or beverages for sale or consumption, on or off site, with the exception of private residences.

GARBAGE

Shall mean solid waste from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce. Garbage properly shredded shall mean the waste from the preparation, cooking and dispensing of food that has been shredded to such degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in dimension.

GRAB SAMPLE

A sample taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and collected over a period of time not exceeding 15 minutes which shall reasonably reflect actual discharge conditions for that instant.

GREASE INTERCEPTOR

Shall mean a device located inside or outside a food service facility designed to collect, contain or remove food wastes and grease from the waste stream while allowing the balance of the liquid waste to discharge to the wastewater collection system by gravity.

HOLDING TANK

A watertight receptacle designed to receive and retain sewage and is constructed to facilitate the ultimate disposal of the sewage at another site.

ILLEGAL CONNECTION

Any pipe, conduit, seepage, surface or storm water, subsoil drain or other surface area which drains inflow and infiltration into the sanitary sewerage system.

INDUSTRIAL WASTE

Any liquid, gaseous or waterborne wastes from industrial or commercial establishments or wastes having those characteristics of unacceptable wastes enumerated in this or other Authority resolutions that are discharge into the sewer system through direct connection, as distinct from sanitary sewage.

INFLOW and/or INFILTRATION

Shall mean the entry by whatever means of surface or subsurface water, other than sanitary sewage into the sewerage system.

INSTANTANEOUS LIMITED

Shall refer to the maximum concentration of a pollutant allowed to be discharge at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.

INTERFERENCE

A discharge which, alone or in conjunction with a discharge of discharges from other sources, inhibits or disrupts the Wastewater Treatment Facility, its treatment processes of operations, or its sludge processes, end-use, or disposal and results in a violation of any requirement of the Wastewater Treatment Facility's NPDES permit or prevents sludge use or disposal in compliance with applicable Federal statutes, permits or regulations, or that results in a violation of any requirement of the Air Pollution Control Act.

LATERAL

It is the wastewater connection between the building's wastewater facilities and the public sewer system.

LIEN LETTER

Shall mean a letter from the Authority concerning unpaid sewage charges, tapping fees, or other violations of the resolutions and/or rules and regulations of the Authority.

MULTIPLE DWELLING

Any improved property in which shall be located more than one dwelling unit.

MUNICIPALITY

Shall mean the Borough of Derry, Westmoreland County, Pennsylvania.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES PERMIT)

A permit issued under the National Pollutant Discharge Elimination System (NPDES) for discharge of wastewater to the navigable waters of the United States pursuant to Section 402 of the CWA, as amended.

NEW SOURCE

Any building structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Clean Water Act, which shall be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that the building, structure, facility or installation is constructed at a site at which no other source is located; the building structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or the production or wastewater generating processes of the building structure, facility or installation are substantially independent of an existing source at the same site. In determining whether there are substantially independent factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. Determination of new source status shall be consistent with the provisions of 40 CFR Part 403.3(k)(1), (2), and (3).

OWNER

Shall mean the person, firm, corporation or association having an interest as owner, whether legal or equitable, sole or partial, in any premises which is or may be furnished sewage service by the Authority.

PARTS PER MILLION

Shall mean a weight-to-weight ratio; the parts-per-million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water.

PASS-THROUGH

Shall mean a discharge, which exits the Wastewater Treatment Facility into the waters of the United States in quantities or concentrations, which, along or in conjunction with other discharges, is a violation of the Wastewater Treatment Facility's NPDES permit, including an increase in the magnitude or duration of a violation.

pH

Shall mean the logarithm (Base 10) of the reciprocal of the weight of hydrogen ions in grams per liter of solution. The pH shall be determined by one of the acceptable methods described in the latest edition of Standard Methods for the Examination of Water and Sewage published by the American Public Health Association.

PLUMBING SYSTEM

Shall mean the plumbing fixtures and traps; water-treating or water-using equipment; waste and vent pipes; any sewers as defined in § 340-2, in addition to their respective connections, devices and appurtenances within a structure or premises.

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water.

POTW

Publicly owned treatment works.

PPM

Parts per million, by weight.

PREMISES

Shall mean the property, structure or area, including the improvements thereon and additions thereto, to which sewage service is or will be furnished and shall include but may not be limited to:

A. A building under one roof, owned or leased by one customer and occupied as one residence or one place of business; or

B. A group or combination of buildings owned by one customer, in one common enclosure, occupied by one family or one organization, corporation or firm as a residence or place of business, or for manufacturing or industrial purposes, or as a motel, hotel, hospital, church, private school, or similar institution, except as otherwise noted herein; or

C. The one side of a double house having a solid vertical partition wall; or

D. Each side or each part of a house or building occupied by one family even though the water closet and/or other fixtures be used in common; or

E. Each apartment, office, or suite of offices, and/or place of business located in a building or group of buildings, even though such buildings in a group are interconnected by a tunnel or passageway, covered area-way or patio, or by some similar means or structure; or

F. A public building devoted entirely to public use, such as a municipal building, school, fire engine house; or

G. A single vacant lot; or

H. A single lot or park or playground; or

I. Each house in a row of houses; or

J. Each dwelling unit in a house or building; or

K. Each individual and separate place of business and/or occupancy located in one building or group of buildings commonly designated as office complex, mall, condominium, shopping center, supermarket areas, and by such other terms; or

L. Each dwelling unit in a public housing development owned and operated by the United States of America, a municipal subdivision of the Commonwealth of Pennsylvania, or an agency or instrumentality of the United States or the Commonwealth of Pennsylvania; by a philanthropic foundation or organization of some such similar body or organization; or operated under private ownership; or

M. A mobile home.

Each premises shall be served through a separate building sewer or sewer service line, except where physical conditions prevent the installation of separate service facilities as determined by the municipality.

The term "physical conditions," as used elsewhere herein, shall apply only to such situations as relate to the plumbing layout in the premises. All building sewer service lines, as defined herein, shall be installed in accordance with all requirements relative thereto, and shall be connected only to main lines abutting the property and owned by the Authority, except as otherwise provided, such building sewer service lines to extend from the street in a straight line, at right angles to the street, to the premises where possible. All proposed installations must be approved by the Authority prior to the installation.

The charges for sewage service in all cases where more than one premises is served through one premises or building sewer line shall be determined as set forth in detail in the rules and regulations schedule of rates.

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 the public sanitary sewage system. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes by other means.

PRIVATE SEWERAGE SYSTEM

Shall mean all or any portion of a sewerage system not owned by the Authority.

PROCESS WASTEWATER

Any water which, during manufacturing or processing, comes into direct contact with or results from the production of or use of any raw material, intermediate product, finished product, by-product or waste product, excluding sanitary noncontact cooling water and boiler blow down.

RATE SCHEDULE

Shall mean the entire body of effective rates, rentals, tapping fees, connection fees, customer facility fees and other charges, as published by the Authority and as amended and supplemented from time to time.

RESPONSIBLE INDIVIDUALS

A. The chief executive officer or the chief operating officer of the user facility if the industrial user is a corporation;

B. A partner or the general manager of the user facility if the industrial user is a partnership;

C. The owner or the general manager of the user facility if the industrial user is a proprietorship; and

D. The person duly designated as the responsible individual by a corporation, partnership or proprietorship, provided that such person is actually responsible for overall operation of the user facilities.

SALE OF PREMISES

Shall mean to sell, transfer, assign, mortgage, finance or refinance any interest in a premise.

SANITARY SEWAGE

Shall mean the normal water-carried household and toilet wastes from residences, business buildings, institutions, industries and commercial establishments exclusive of storm water runoff, surface water or ground water.

SANITARY SEWERAGE SYSTEM

Shall mean all sanitary sewers, all sewage pumping stations, all sewage treatment works and all other facilities provided and owned by the Authority for the collection, conveyance and treatment of sanitary sewage and industrial waste with their appurtenances and any additions, extensions or improvements thereto that may be made by the Authority and/or others.

SEWAGE

Shall mean a combination of the water-carried wastes from residences, business buildings, institutions, commercial and industrial establishments.

SEWER CONNECTION FEE

Shall mean the fee charged to new customers connecting into the Authority's sanitary sewerage system. The sewer connection fee is also commonly referred to as the "tapping fee."

SEWER CONNECTION PERMIT

Shall mean a license issued by the Authority authorizing the connection of a premises to the sanitary sewerage system.

SEWER LINE EXTENSIONS

Shall mean extensions of sewer lines beyond existing facilities excluding building sewer service connections.

SEWER TYPES

A. BUILDING DRAIN Shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from waste and other drainage pipes inside the walls of the building and conveys it to the building lateral sanitary sewer and which shall be owned and maintained by the owner. The building drain ends where it is connected to the building lateral sanitary sewer five feet outside the inner face of the building wall.

B. BUILDING LATERAL SANITARY SEWER Shall mean the pipe located between the building drain and the property line and which shall be owned and maintained by the owner. The building lateral sanitary sewer is also commonly referred to as the "sewage service lateral."

C. BUILDING SEWER TAP CONNECTION Shall mean the pipe, wye's, saddles, manholes and other appurtenances located between the customer's property line and the public sewer and which shall be owned and maintained by the Authority.

D. COMBINED SEWER Shall mean a sewer receiving both surface or storm water runoff and sanitary sewage.

E. INTERCEPTING SANITARY SEWER Shall mean a sewer into which the sewage from all main and other sewers is discharged.

F. LATERAL SANITARY SEWER Shall mean a sewer which does not receive sewage from any other common sewer.

G. MAIN SANITARY SEWER Shall mean a sewer that is a main stem or artery of the sewerage systems.

H. PUBLIC SEWER Shall mean a sewer owned and maintained by the Authority.

I. SANITARY SEWER Shall mean a sewer which carries sanitary sewage to which storm, surface and ground water are not intentionally admitted.

J. SUB-MAIN SANITARY SEWER Shall mean a sewer into which the sewage from two or more laterals is discharged.

SEWERAGEABLE PREMISES

Shall mean any premises abutting on or adjoining any streets, highways, roads or rights-of-way within which is constructed any portion of the sewerage or drainage system, or which is otherwise benefited, improved or accommodated thereby.

SLUG

Shall mean any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quality of flow, exceeds for any period of longer duration than 15 minutes more than three times its average hourly concentration of flow.

STORM SEWER

A sewer which is intended to carry stormwater runoff, surface water, groundwater drainage, etc., but which is not intended to carry any sanitary sewage or industrial waste.

STORMWATER RUNOFF

That portion of precipitation which reaches a channel, trench, sewer or sink.

SUBSOIL DRAIN

Shall mean a drain that collects subsurface water or seepage water and conveys such water to a place of disposal.

SURCHARGE

Shall mean an additional rate for treatment of waste, including abnormal industrial waste, of greater strength than the concentration values established as is representative of normal sewage.

SUSPENDED SOLIDS

Shall mean solids that either float on the surface of, or are in suspension in, water, sewage or other liquids, and which are removable by a laboratory filtration device. The quantity of suspended solids shall be determined by one of the acceptable methods described in the latest edition of Standard Methods for the Examination of Water and Sewage published by the American Public Health Association.

TEMPORARY DOCUMENT OF CERTIFICATION

Shall mean a temporary official statement of certification from the Authority.

TENANT

Shall mean anyone occupying premises under a lease from the owner and/or occupant of premises with the permission of the owner in any premise which is about to be or is being furnished sewage service by the Authority.

TOWNSHIP

Shall mean the Township of Derry, Westmoreland County, Pennsylvania.

UNPOLLUTED WASTE or UNPOLLUTED WATER

Shall mean any water or waste containing none of the following: free or emulsified grease or oil; pH less than 5.0 or greater than 9; phenols or other substances imparting taste and odor to receiving water, toxic or poisonous substances in suspension, colloidal state or solution in levels that exceed state and federal water quality or potable water quality criteria; obnoxious or odorous gases. It shall contain less than 1,000 mg/l of dissolved solids, 250 mg/l of chloride and 10 mg/l each of total suspended solids and BOD. The color shall not exceed 50 color units. Analysis of the parameters referenced in this definition shall be made in accordance with the methods listed in 40 CFR Part 136 and amendments hereto; if the parameter is not listed in 40 CFR Part 136, the analysis shall be made in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Waterworks Association, the American Public Health Association and the Water Pollution Control Federation, or Methods of Chemical Analysis of Water and Wastes, published by the EPA, or by any other method approved by the EPA.

WATER CARRIED WASTE FACILITY

Shall mean any facility or drain in the building which discharges water carried waste.

WATER COURSE

Shall mean a channel in which a flow of water occurs, either continuously or intermittently.

§ 340-3 Conditions of service.

A. The Authority shall have charge of the management of the sewer system and shall amend from time to time these rules and regulations governing the use, operation and maintenance of said sewer system. The current rules and regulations are published at https://derrywater.com.

B. The Authority will furnish sewage service only in accordance with these rules and regulations as amended and supplemented. No application for service, contract, agreement or license shall be inconsistent or conflict with the rules and regulations.

C. The Authority may from time to time, as it may deem necessary, alter, amend, supplement or repeal these rules and regulations, in whole or in part in regard to sanitary sewage and water supply. All changes shall be enacted by the Authority by resolution and provided to the Borough for approval.

D. The furnishing of sewage service may be refused if sewage flows are found or estimated to be excessive, or if the character of the sanitary wastes to be discharged are determined to be unsatisfactory.

E. The Authority reserves the right to refuse permission to connect directly or indirectly to the sewer system, to compel discontinuance of use of the sewer system, or to compel pretreatment of sewage and industrial waste by any premises in order to prevent discharges which are deemed to be harmful or which have a deleterious effect upon any portion of the sewer system.

F. Maintenance and repairs of the building lateral sanitary sewer, including the cost thereof, will be the responsibility of the user, customer or premises owner. All work shall be subject to inspection by Authority personnel during the performance thereof. The Authority shall have the right to do all work with respect to connections to the main sewers and charge the user, customer or property owner for the cost of such work, said work to be done in accordance with the requirements hereinafter set forth. Three days notice shall be given to the Authority prior to the commencement of any work on any building lateral sanitary sewer for which approval has been obtained from the Authority.

G. Each premise shall be served through a separate building lateral sanitary sewer, except where physical conditions prevent the installation of a separate building lateral sanitary sewer as determined by the Authority.

(1) The term "physical conditions" shall apply only to such situations as relate to the plumbing layout in the premises. Any building lateral sanitary sewer, as defined herein, shall be installed in accordance with all Authority requirements relative thereto, and shall be connected only to main lines abutting the property and owned by the Authority, except as otherwise provided, such building lateral sanitary sewers to extend from the street to a straight line at right angles to the street, to the premises where possible. All proposed sewer installations must be approved by the Authority prior to installation.

H. Any building lateral sanitary sewer which is in disrepair as defined in § 340-2 is hereby declared to be illegal. Upon receipt of notice from the Authority, the owner shall repair same at their own expense, within the time limits imposed herein.

§ 340-4 Inspections.

A. The Authority is required, pursuant to all federal and state laws promulgated pursuant to the Clean Water Act of 1977 and the General Pretreatment Regulations found at 40 CFR Part 403, and specifically pursuant to the Pennsylvania Clean Streams Act, 35 P.S. § 691.1, et seq., to eliminate or limit inflow and/or infiltration or the discharge of ground water, storm water runoff or other surface or subsurface waters, waste, industrial waste, large quantities of grease, or any other illegal or noxious discharge into the sanitary sewer system.

B. Inflow and infiltration is hereby declared to be illegal and prohibited. The owner of any premises with inflow and/or infiltration shall eliminate same at the owner's cost prior to connecting the premises to the sewerage system, or if presently connected, within the time limits imposed herein.

C. In order to identify and eliminate existing and potential sources of discharge and the inflow or infiltration of water other than sanitary sewage from any premises into the Authority's sanitary sewer system and to preserve the hydraulic capacity of the Authority's sewer system and its facilities, the Authority shall undertake a program of systematic inspection and testing of premises receiving sanitary sewer services from the Authority. The Authority shall determine, in its discretion, which portions of its service area shall be subject to said inspections and testing, and which types of inspections and testing, as set forth in Subsection G, shall be utilized.

D. In connection with its program of systematic inspection and testing of premises as provided for in § 340-4C, the Authority shall conduct inspection and testing of any premises utilizing the procedures set forth in Subsection H herein. The inspection and testing procedures are intended to determine the overall structural condition of the building lateral sanitary sewer of any premise, as well as to identify existing and potential sources of inflow and infiltration along the length of the lateral, and/or from any other part of the premises.

E. As a condition of continuing to receive sanitary sewage waste disposal services from the Authority, the owner of any premises to which said services are being provided shall be deemed to have consented to the inspection and testing of said premises. The failure to provide access to the premises for the purposes of inspecting and testing any premises shall constitute a violation of the rules and regulations punishable pursuant to § 340-10O.

F. The inspection and testing of any premises shall occur 1) with the consent of the premises owner; or 2) based on the implied consent of the premises owner pursuant to Subsection E; or 3) pursuant to an appropriate court order authorizing said inspection and testing.

G. The types of inspections and testing authorized herein shall include but not be limited to:

(1) The inspection of inside plumbing, french drains, sump pumps, floor and other miscellaneous types of drains to determine whether or not the same are constructed in such a manner as to permit the discharge of any substance into the public sanitary sewer system;

(2) The inspection of outside area drains, driveway drains and roof leaders to determine whether or not any of the same are constructed in such a manner as to permit the discharge of any substance into the public sanitary sewer system;

(3) The inspection of stacks, building traps and clean outs to determine whether the same are present and in proper working order and otherwise comply with existing Authority rules and regulations; and

(4) The inspection of all building lateral sanitary sewers to determine whether or not the same have any inflow or infiltration resulting from any cause whatsoever which is not permitted under the rules and regulations or any applicable Borough or Township Ordinance.

H. The inspections and testing utilized by the Authority may include but not be limited to the following procedures: i) low pressure air testing, ii) smoke testing, iii) dye testing, iv) dye flooding; v) internal television video inspection ("CCTV") of the inside plumbing (building side of the trap), any drains and all building lateral sanitary sewers located on the premises being tested; vi) or any other method of inspections or testing developed in the future.

(1) In the case of an internal CCTV inspection, the CCTV camera shall be inserted into the building lateral sanitary sewer from either the Authority's sewer line, the Authority's inspection port (if available), or by way of a trap and vent assembly located on or within the premises.

I. The Authority shall provide the premises owner with a written copy of the inspections and testing report. The report shall state whether or not the building lateral sanitary sewer is in compliance with the within rules and regulations, and/or whether there exists on the premises any illegal connection or defect and specific details of the defect.

J. In the event that any premises owner does not agree with the findings contained in the inspections and testing report, the premises owner may request that the findings be reviewed by the Board of the Authority.

K. Any repair techniques utilized by the owner of any premises shall comply with these rules and regulations.

§ 340-5 Applications and contracts for connections and service.

A. Every owner of any sewerageable premises within Derry Borough is required to connect to the Authority's sewer system at the expense of said owner.

B. Owners of premises already existing at the time of construction of any portion of the sewerage system and which is benefited, improved or accommodated thereby, shall provide for the discharge of all sewage therefrom into said system. At such time as the sewerage system is ready to accept sewage from existing premises, the owners thereof will be notified by the Authority. Connection of such premises to the sewerage system shall then be made within the time limits and under the terms and conditions set forth herein.

C. All premises shall be connected to the sewerage system before the same may be used or occupied.

D. In the event a building lateral sanitary sewer from any premises to the sewerage system is not provided by the owner as and when required, the Authority may construct or install the same or cause the same to be constructed or installed and collect the cost thereof, including penalties and costs of collection, from the owner(s) by the filing of a municipal claim or by appropriate legal proceeding.

E. No construction of any building lateral sanitary sewer shall be made in the service area without first obtaining a sewer connection permit.

F. For proposed buildings which can be served by the sewerage system, a sewer connection permit from the Authority, as well as any required permit or approval from any other applicable governmental entity, shall be obtained prior to receiving a building permit, and no building permit will be issued until this requirement is met.

G. No officer, official or employee of the Borough or Township shall issue or cause to be issued a building permit to any person, corporation or other entity without having first confirmed that the sewer connection permits or approvals have been obtained from the Authority.

H. In the event any owner or developer of land contends that the premises cannot be served by the sewerage system, the owner or developer shall notify the Authority in writing to this effect prior to any building permit being issued and shall also file with the Borough's Code Enforcement Officer and/or the Department of Environmental Protection to otherwise dispose of the sanitary sewage.

I. In the event the Authority shall refuse for any reason to issue a sewer connection permit, the Authority shall notify within 10 days the owner or developer, as well as the Borough, in writing, setting forth the reasons for such refusal.

J. For any premises which can be served by the sewerage system, a sewer connection permit shall be obtained prior to starting any construction of the building lateral sanitary sewer.

K. All sewer lines constructed within the service area, including any building lateral sanitary sewers, shall comply with these rules and regulations.

L. Every owner of a premises who hereafter applies for and receives a sewer connection permit from the Authority will pay to the Authority for such permit such amount as required by the Authority, as well as any other amount required by any other applicable governmental entity.

M. A written application for a sewer connection permit prepared in the form of a sewer connection permit application furnished by the Authority, together with the application fee, shall be submitted to the Authority for the purpose of requesting a connection to the sanitary sewerage system. A separate application shall be required for each premise or group of premises where an individual sewer service line connection is permitted in accordance with these rules and regulations. Said application shall be subject to such service connection fees and charges currently in effect which are payable in advance for each of the respective service areas, which application, together with the Rates and rules and regulations of the Authority, shall regulate and control the service to such premises. Said application shall be submitted at least one month, or such shorter time as the Authority may require, before the connection is required. Each application shall be signed by the owner of the premises or his duly authorized agent. The construction of building sewers shall be in accordance with the requirements hereinafter set forth.

N. A sewer connection permit application is considered a written request for a sewer service connection and must be approved by the Authority or its authorized agent. No application shall be approved until the applicant pays all required fees and complies with these rules and regulations. Furthermore, no application shall be approved until all required easements have been recorded. Where the proposed building lateral sanitary sewer must traverse through private property, or through an adjacent parcel under the same ownership as the property receiving the building lateral sanitary sewer, a recorded easement shall be provided.

O. The approved sewer connection permit application shall be a contract between the owner and the Authority, and shall be binding upon the heirs, successor and assigns of the owner. Charges for sewer service shall commence from the date that sewer service is available to the premises.

P. To the extent permitted by law, no agreement will be entered into by the Authority with any owner for sewage service until all charges for service and any other charges due by the owner at any premises now or theretofore owned by him shall have been paid or until satisfactory arrangements for payment of such unpaid bills shall have been made.

Q. All contracts for sewage service shall continue in force until notice is given by the owner or the Authority of a desire to terminate the contract.

R. All contracts for sewage service shall be subject to such changes or other modifications as may be directed by action of the Legislature of the Commonwealth of Pennsylvania or a regulatory body.

S. Two or more parties who join in the application for service shall be jointly and severally liable, provided, however, that irrespective of the number of persons liable for payment the Authority need only prepare and submit a single bill.

T. In connection with a change in service, any customer making any material change in size, character or extent of equipment or operations utilizing sewage service, or whose change in operations results in a substantial increase in the flow of sewage or industrial waste, shall immediately give the Authority written notice of the nature of the change and, if necessary, amend their application.

U. Sewage service will be renewed under a proper application when the conditions under which such service was discontinued are corrected, and upon the payment of all charges due from the applicant.

V. The piping, plumbing and fixtures on the premise of a customer are assumed to be in satisfactory condition at the time service facilities are connected and service furnished. The Authority will not be liable in any case for any accidents, breaks or leakage that in any way are due to the connection to the premises. The Authority may terminate such service if the plumbing and sanitary drainage system is not in accordance with the rules and regulations and ordinances of the Borough.

W. It shall be unlawful and a violation of these rules and regulations for any person to convey any premises presently receiving sewer services from the Authority without first obtaining a no-lien letter and a document of certification or a temporary document of certification as defined herein.

X. Prior to the conveyance of any premises receiving sewage service provided by the Authority, the owner of such premises shall submit an application for a no-lien letter requesting the amount due for current sewage service to the date of the closing, and/or the amount of any other delinquent charges and/or the existence of any sewage liens upon such premises. Such written request shall include the written consent of the owner for the Authority to inspect and/or test the plumbing system servicing the premises prior to the closing.

Y. If the written request for a no-lien letter is provided to the Authority at least 14 business days prior to the scheduled closing, such no-lien letter shall be given by the Authority to the owner of such premises, or the designated agent, no later than three business days prior to the date of closing.

Z. Upon the receipt of the request for a no-lien letter, the Authority, within 10 business days of the receipt of such request, shall inspect and/or test the premises for the presence of any illegal connection, unless the premises has been inspected and/or tested within the preceding three years. The Authority shall conduct the types of inspections and testing which are set forth in § 340-4G of the rules and regulations. The total cost of said inspections and/or testing shall be borne by the seller.

AA. If no illegal connection is discovered as a result of the inspections and/or testing conducted by the Authority, the Authority shall issue a document of certification.

BB. If one or more illegal connections are discovered by the inspections and/or testing conducted by the Authority, the document of certification will not be issued by the Authority until such illegal connections are eliminated and certification of such is provided by the owner.

CC. A temporary document of certification may be issued at the sole discretion of the Authority when an illegal connection is discovered and the necessary remedial activities to correct such illegal connection would require a length of time such as to create a practical hardship for the owner.

DD. In this situation, the owner may request in writing the Authority to issue a temporary document of certification, which may only be issued when the owner provides the Authority with all of the following:

(1) A bona fide, executed contract between owner of the premises and a registered plumber or an approved contractor to complete the necessary remedial work with the Authority herein as a third-party beneficiary.

(2) Cash security in the amount of said contract is held in escrow.

(3) The contract required in Subsection DD(1) shall be reviewed by the Authority to ensure that the work proposed is adequate to correct any violation of the rules and regulations, the cost of same to be paid by the owner.

(4) An agreement by the purchaser to be responsible for all cost overruns related to the remedial work.

EE. The temporary document of certification shall include an expiration date, agreed to by the Authority, and at the expiration date and time the security shall be forfeited, and the Derry Borough Municipal Authority may use the security to have the necessary remedial work completed.

FF. At the time of the closing, sewage service provided to such premises by the Authority shall be the responsibility of the purchaser of the property.

GG. The seller, or the designated agent listing such property for sale, shall, at the time of closing or before, present both the no-lien letter and the document of certification, and/or the temporary document of certification, to the appropriate closing officer and all amounts due to the Authority for sewage service provided prior to the time of the closing shall be paid at the closing.

HH. Upon the correction or repair of any illegal connection, a document of certification shall be issued by the Authority for the premises.

II. Individual units within a condominium complex may not be sold without individual certification.

JJ. Upon the sale of multiple-unit premises, the Authority may inspect a sufficient number of units which the Authority determines, in its discretion, is necessary to determine compliance with these rules and regulations.

KK. The Authority shall determine from time to time the fee required to obtain a document of certification and no-lien letter.

LL. Each document of certification or temporary document of certification shall be valid for a period of three years.

§ 340-6 Building lateral sanitary sewer and tap connections.

A. No unauthorized person shall uncover or make any connections with or openings into, use, alter or disturb any sewer owned by the Authority without first having obtained written permission from an authorized official. Permission to use the building lateral sanitary sewer will not be granted until after an inspection has been made of the installation and a determination made that said building lateral sanitary sewer and/or building drain have been constructed to exclude all storm water, downspout, subsoil drains and such other illegal connections, and all industrial wastes prohibited herein are excluded. The types of inspections and testing which the Authority may conduct are set forth in § 340-4G.

B. All systems, other than those owned by the Authority, shall be subject to the regulations set forth herein or to regulations establishing higher standards.

C. All costs and expenses incidental to the installation and connection of the building lateral sanitary sewer shall be borne by the owner. The owner shall indemnify the Authority from any loss or damage that may directly or indirectly be caused by the installation of the building lateral sanitary sewer. All costs and expenses incident to maintenance, repair, replacement and other work in connection with building lateral sanitary sewers shall be borne by the owner.

D. All work relating to the installation of sewer tap connections and/or building lateral sanitary sewers shall be performed by the Authority or the owner as the Authority shall determine, but in either case, at the cost of the owner.

E. All work in public streets, roads, alleys, rights-of-way, and other property shall be approved by the governing agency controlling such areas and the Authority reserves the right to do all work with respect to connection to the main sewer and bill the owner for such work.

F. The use of existing building lateral sanitary sewers in connection with new structures erected upon any premises will be permitted only when they are found, upon examination and testing by the Authority or persons approved by the Authority or agencies, to meet all requirements set forth herein. When existing septic tanks or other private sewage disposal systems are being abandoned the Authority will require the owner to demonstrate all interior plumbing is watertight and free of extraneous water from foundation drains or any other nonconforming use. Furthermore, the abandonment of septic tanks, or other hollow leaching structures, shall be performed in such a manner as to eliminate the danger of structure collapse in the future. The responsibility for abandonment shall be with the premises owner. When structures are abandoned, the premises owner shall take steps to have a licensed waste hauler empty the chamber of all septage wastes, cave in or remove the lid, drill holes in the bottom of the tank to permit the exit of surface water infiltration, and fill the tank with suitable materials such as soil, gravel, sand or rock, thereby restoring the original grade of the ground surface. The premises owner may also desire to break up the top, bottom and sides of the tank as much as possible and then backfill the excavation to the ground surface with suitable material. The proper abandonment of all septic tanks must be verified by the Authority.

G. The sanitary sewer system of every premises shall be separately and independently connected to the main sewer.

H. The plumbing system serving the premises shall be designed and constructed in accordance with the Uniform Construction Code as modified by the Authority, insofar as said code does not conflict with the requirements hereinafter set forth. Said requirements shall govern and shall control the design and construction of the plumbing system except in matters where said requirements are silent.

I. All sewers below floors of premises and five feet outside the premises shall be SDR35. A running trap with vent shall be installed at the end of the building drain. Vents shall be installed 6" above grade to prevent the inflow of water into the sewer line and may not be located in driveways or other impervious surfaces.

J. Adaptors from building drains to the building lateral sanitary sewer or building sewer tap connection shall be approved adaptors, shielded and with stainless steel banding clamps with 3000-psi concrete encasement such as donuts or couplings by Calder or Fernco Inc.

K. Building lateral sanitary sewers may be constructed of the same material as used in the public sewer system.

(1) Polyvinyl chloride (PVC) pipe.

(a) PVC pipe four and six inches in size and larger and fittings shall conform with the requirements of the latest revisions of ASTM Specification D3034-SDR35.

(b) A bell and spigot ring type of joint shall be provided. The bell shall consist of an integral wall section with a solid cross-section rubber ring, factory assembled, securely locked to prevent displacement.

(c) All bells on branch wyes or fittings shall be factory assembled.

(d) An "O" ring coupling with stainless steel tightening band and rubber gasket water stop shall be provided for installation in manhole walls for pipe connections.

(e) Pipe and fittings shall be in compliance with this standard. Pipe at maximum intervals of 51-011, and fittings shall be marked:

[1] Manufacturer's name or trademark.

[2] Nominal size.

[3] Material designation "PVC."

[4] ASTM Spec. (D 3034).

(f) The rubber ring for the bell and spigot joint shall be the elastomeric gasket joint providing a watertight seal.

L. The building lateral sanitary sewer shall be minimum six inches in diameter for commercial premises and minimum four inches in diameter for residential premises provided pipe is laid on minimum slope of 1/8 inch/foot and 1/4 inch/foot, respectively. Cleanouts shall be placed at intervals of not more than 100 feet.

(1) Cleanouts consisting of a wye branch, 45° curve, riser and watertight plug are required at intervals specified above, or at all direction changes greater than 45°. Cleanouts shall not be located in driveways or other impervious surfaces.

(2) Prior to excavation of any trench, the contractor should first expose the building sewer tap connection and the building drain. The trench width shall be kept to minimum width and have a uniform slope at approved grade, and as near as possible at right angles to the street. No 90° bends shall be permitted except on an inside vertical end of run. All trenches must be excavated at least six inches below the invert of the pipe. Granular 2B limestone backfill (minimum 3/4 inch gravel size) shall be placed in the trench to grade of pipe and after providing bell holes and laying pipe, backfill to a minimum height of 12 inches over the top of the pipe. Granular backfill must be carefully tamped along both sides of the pipe. Remaining backfill, if satisfactory, may be material from the original excavation. Underground detectable marking tape shall be installed a minimum of two feet above the pipe along the alignment of the building lateral sanitary sewer. Marking tape shall be minimum three inches wide, vivid green with foil backing and marked "Gravity Sewer Line." The building lateral sanitary sewer trench shall have minimum three feet horizontal separation and eighteen-inch vertical separation from other pipelines such as water service lines, gas lines, french drains or storm sewers. Building lateral sanitary sewers shall have minimum three feet of cover. An Authority inspector must be present to visually inspect the backfilling of the building lateral sanitary sewer trench in the roadway. A test tee shall be installed in the building lateral sanitary sewer immediately before the wye, or manhole stub, if connection is to be made directly to a manhole. If unusual trench conditions exist, such as excessive depth, unstable soil, under a stream or other water course, the Authority may require the owner, at his own expense, to encase the building sewer in concrete or take such other steps which, in the opinion of the Authority, are necessary for proper installation. The Authority may refuse a permit to allow a connection directly to the main intercepting sewer and require extensions and connections to a manhole, the manhole, sewer and other work to be accomplished at the expense of the owner. In no event will a connection be made through a hole cut in the sewer. In no case shall a building lateral sanitary sewer be laid parallel to a cart way along the same alignment as the main sewer thereby acting as an extension of the main sewer. In such instance, the main sewer shall be extended, along the cart way and the building lateral sanitary sewer run perpendicular to the main.

M. In all premises in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means (pumped) and discharged to the building lateral sanitary sewer, the capacity of such units to be subject to approval by the Authority.

N. The applicant for the building lateral sanitary sewer permit shall notify the Authority when the building drain, building sewer and related facilities are ready for inspection and connection to the public sewer but prior to connection to the trap, and prior to backfilling. Final inspection will not be scheduled until all tapping fees or other charges due and payable have been remitted to the Authority. The inspection of the building drain, building lateral sanitary sewer and related facilities shall include but may not be limited to the following:

(1) Inspection of installation to insure that proper bedding and embedment of the pipe has been accomplished. Concrete encasement has been placed where required. An air test of the lines at a pressure of 5 psi for 15 minutes without any loss of pressure, or a hydrostatic test when no water is lost from a filled service lateral subjected to a minimum of 10 feet of water head for 15 minutes.

O. All excavations shall be performed in accordance with the latest edition of the OSHA Standards-Employer-Employee Safe Practices for Excavation and Trenching operations.

§ 340-7 Use of sewers.

A. All premises benefited, improved or accommodated by the Authority's sanitary sewerage system shall be connected to the system, at the expense of the premises owner.

B. All connections shall be made in accordance with the rules and regulations and other applicable requirements of the Authority.

C. It shall be unlawful for any person owning any premises accessible to the Authority's sanitary sewerage system to erect, construct, use or maintain or cause to be erected, constructed, used or maintained any privy, cesspool, sinkhole or other receptacle on such premises for receiving sanitary sewage. Sewage holding tanks may be erected, used and maintained only with the permission of the Code Enforcement Officer for Derry Borough.

D. No person(s) shall discharge or cause to be discharged any stormwater, groundwater, roof runoff, subsurface drainage, or cooling water into any sewer.

E. Stormwater and all other unpolluted drainage shall be discharged to storm sewers or to a natural outlet approved by the Borough and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval by the Authority, to a storm sewer, or natural outlet.

F. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(1) Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid, or gas.

(2) Any waters containing 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 any wastewater treatment plant.

(3) Any waters or wastes having a pH lower than five 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 works.

(4) 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, either whole or ground by garbage grinders.

G. Grease, oil, and sand interceptors shall be installed when, in the opinion of the Authority, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts - or fat, oil and grease concentrations in excess of 100 mg/l, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwellings units. All interceptors shall be of a type and capacity approved by the Authority and shall be located so as to be readily and easily accessible for cleaning and inspection. In the maintenance of such interceptors the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and means of disposal which are subject to review by the Authority. Any removal and hauling of the collected materials not performed by owner's personnel must, be performed by currently licensed waste disposal firms.

§ 340-8 Sewage collection, transportation and treatment rates and tapping fees.

A. All bills for sewer collection, transportation and treatment shall be rendered to the owner of the premises to which the sewer service is furnished, whom shall in all cases be liable for payment of such bills.

B. Billing of an owner of premises for sewage collection, transportation and treatment shall commence upon connection of any sanitary facilities on said premises to a public sanitary sewer or within 60 days or receipt of notice to connect to the public sanitary sewer, whichever is sooner.

C. Sewage collection, transportation and treatment rates shall be established by separate resolution of the Authority from time to time. Where billing is based upon water consumption.

D. The rates and charges for the following classifications of premises shall be made in accordance with the amount set forth as follows:

(1) Residential and non-residential premises shall pay a flat rate charge equivalent to one equivalent dwelling unit (EDU) for the first 3,000 gallons of water utilized. Every 1,000 gallons after 3,000 gallons will be billed at the consumption rate as per the rate schedule, amended by resolution by the Board of Directors.

E. The sewage collection, transportation and treatment charges imposed hereunder shall be due and payable immediately upon receipt of the bill by the owner and shall be paid not later than the due date appearing on the bill. Said charges shall be subject to a penalty of 5% of the charge while payment is delinquent regardless of whether bills are calculated according to the flat rate or water consumption. If the owner of the premises served shall neglect or fail to pay the bill of the Authority for a period of 30 days from the due date thereof, the Authority may proceed to have water service to the property shut off pursuant to the provisions of the Act of April 14, 1949, P.L. 482, as amended (53 P.S. 2261). Interest shall be charged against outstanding delinquent account balances at the legal rate of interest.

F. In addition to any of the remedies available to the Authority to secure the payment of any delinquent rental accounts for properties not served by a public water supply, the Authority, after providing reasonable notice to the owner or the occupant of any premises, may terminate sewer services until payment of any delinquent account plus costs is made in full.

G. In the event that any premises is razed or destroyed and the owner thereof desires to construct a new building(s) or structure(s) on said real estate, the owner shall first be required to obtain all applicable permits from the Borough, including but not limited to building, occupancy and/or zoning permits, before re-establishing connections with the public sanitary sewer system. Prior to re-establishing such connections and service, the owner shall also be required to apply for and obtain a sewer permit from the Authority at the cost of $50. The owner shall be entitled to receive a credit for any tapping fee previously paid, provided that the new building or structure is connected at the same point where the previous building or structure was connected, that all fees are paid in full and that the owner pays a $50 reinspection fee. In order to qualify for the credit established hereunder, the new building or structure must be fully constructed and connected within one year of the date of destruction or razing.

H. In reviewing the application for the sewer permit described in Subsection G, if the Authority determines that the proposed use of a new building or structure, located on a premises listed in § 340-8K(3), will result in additional EDU's being used on the premises, the owner shall be liable to pay additional tapping fees based on the additional EDU's used on the premises.

I. The provisions of § 340-8G and H shall govern all situations in which the owner of real estate desires to change, in whole or in part, the use of an existing building or structure, or desires to construct additional buildings or structures on such real estate.

J. Except as otherwise provided herein, all fees shall be due and payable in advance of connecting or construction as determined by the Authority.

K. Tapping fees - schedule of rates and charges.

(1) Upon connection of any sanitary facilities on any premises to a public sanitary sewer, the owner of the premises shall pay a tapping fee according to a Resolution of the Authority.

(2) For the premises defined in § 340-2, under the definition of "premises," Subsections A, B, C, D, E, G, H, I, J, K, L, and M, of the rules and regulations, a single tapping fee in an amount established by separate resolution of the Authority.

(3) For the premises defined in § 340-2, under the definition of "premises," Subsections B, F, and K, of the rules and regulations a tapping fee for each EDU attributed to the premises based on water consumption in an amount established by separate resolution of the Authority. Where the water consumption cannot be readily ascertained, an estimate shall be made thereof and a tapping fee based upon that estimate. After 15 months of operation, the immediately past twelve-month period shall be measured and an adjustment made thereof according to the number of average equivalent dwelling units consumed during that twelve-month period, and a tapping fee shall be paid based upon that estimate at the rate set forth herein.

L. Where it is necessary in the opinion of the Authority that a wye be installed in order to accommodate connection of any sanitary facilities to a public sanitary sewer, the owner shall pay the then prevailing charge for each said wye installed or hire his or her own contractor to perform the work.

§ 340-9 Sewer line extensions and systems including treatment works.

A. No sewers shall be extended from the sewers of the Authority, and no sanitary sewerage systems and/or treatment works shall be constructed or other work done without prior written approval of the Authority, permits from the Pennsylvania Department of Environmental Protection, and permits, licenses and/or approvals as required from all federal, state, county and local agencies. The work shall be done in accordance with these rules and regulations, and other applicable requirements. Any work in areas outside the Borough involving facilities served by the Authority and/or facilities extended into adjoining municipal subdivisions shall be in accordance with the aforesaid requirements and any higher standards as may be established by the municipal subdivision in which the work is located. The applicant must prepare at his cost all contract plans and specifications, rights-of-way plans and contract documents, and prepare at his cost other material which may be required to obtain permits, licenses and/or other approvals and to prepare the applications relative thereto and shall pay all related fees. The plans and reports involving strictly sanitary sewerage extensions shall be stamped with the seal of a Registered Professional Surveyor or Registered Professional Engineer. All other plans and reports involving pump stations and/or treatment works shall bear the seal of a Registered Professional Engineer (PA).

B. Regulations relative to sewerage.

(1) General. The construction of all sewerage and sewage treatment plant facilities shall be subject to the applicant, owner and/or developer obtaining at his cost all permits and approvals required by federal, state, county and other agencies. No applications for such permits shall be submitted until preliminary approval of the project is obtained from the Authority.

(2) Borough, Authority and others. All procedures and work must be in accordance with all applicable ordinances and regulations of the Borough and all rules and regulations of the Authority, as amended and supplemented from time to time. The work and plans relative to sewerage must comply with all Borough subdivision and other ordinances and regulations including the obtaining of highway occupancy permits in the name of the Authority.

C. Application for approval of sanitary sewerage systems. A written application on a form furnished by the Authority (preliminary application), unless otherwise indicated, must be submitted for the approval of a sewer line extension, sanitary sewerage system, including pumping stations and treatment facilities, and/or other work, and the obtaining or furnishing sewage service therefrom. A deposit, payable to the Derry Borough Municipal Authority, shall accompany the application to cover preliminary Authority costs, including plan review by the Authority's engineer and the cost of preparation of the "Agreement for the Construction of Sanitary Facilities." The deposit will also be used to cover the costs of planning/sewerage module review and submission to DEP, the Act 14 notifications, other miscellaneous administrative costs and an on-site inspector from the Authority. After completion of the sanitary sewer by the developer and the acceptance thereof by The Municipal Authority of the Borough of Derry and the expiration of the eighteen-month maintenance bond, if there remains any monies not spent by the Authority for plan review, inspection of construction and legal fees, such monies shall be returned to the developer. In the event the deposit is insufficient for the purpose provided, the developer will, at the request of the Authority, deposit additional funds to defray additional costs and expense. An itemized accounting of all such monies will be supplied to the developer, if requested. A deposit of $800 shall be required for plans of development up to 10 lots and a deposit of $1,800 shall be required for plans of development of 11 lots or more. The application shall be subject to the Authority's rules and regulations and the execution of an agreement. All applications for sewage service must be accompanied by plans, documents, reports and other materials as may be required by the Authority. The submission of the application must be in strict accordance with the rules and regulations of the Authority.

D. Procedure for submission of reports and plans.

(1) General. The applicant shall submit preliminary plans and reports to the Authority for general review and recommendations followed by applications, final plans and reports. The general design of all proposed sewerage facilities shall be in complete compliance with the requirements of the Department of Environmental Protection and all applicable rules and regulations of the Authority and ordinances of the Borough.

(2) Preliminary plans. The applicant shall submit preliminary plans and reports, in duplicate, in accordance with the following:

(a) The preliminary application and planning deposit shall be submitted to the Authority.

(b) A professional engineer's report setting forth a full description of the proposed system and the basis of design. A comparable report prepared by a professional surveyor may be submitted when the development involves sanitary sewers exclusively. This report must include a statement and description of the extent of area which it is proposed to include within the system at the present time, and in the future; the estimated present and future population to be served; the estimated per capita rates or volume of sewage to be provided for; the general character of the sewage and the proportion and nature of any industrial wastes; and such other data and information as the Authority may require. Where industrial wastes will be treated, all applications for service, regardless of location of the premises, must be accompanied by a detailed report setting forth the quantities and character of the wastes, the proposed rates of discharge and such other facts as the Authority may require. The report must include a detailed summary of the drainage areas and areas to be served; the sewerage system, showing sizes of sewers, distances between manholes, grades, capacities and future ultimate flows in main and intercepting sewers. If treatment facilities are to be constructed, a summary of dimensions, sizes, capacities and all pertinent data relative to each unit, types and capacities of all equipment, general plant and operating descriptive data, total plant capacities and such other data as may be required. If pumping stations are to be constructed, the type, head and capacities of pumping equipment, the type and size of motors, types and capacities of comminuting equipment and screens, descriptions of other equipment, sizes, capacities and other data relative to wet and dry wells, descriptions of operation and other data.

(c) Preliminary plans showing the following:

[1] Sewers. Layout of all sewers and manholes, showing sizes, distances between manholes and type of sewers. Design features should be submitted at least in sketch form for special conditions, inverted siphons and such other features. No sewer depth (measured to invert) shall be greater than 15 feet without specific Authority approval. Dead end sewers not over 200 feet in length shall terminate in standard manholes or cleanouts. Dead ends over 200 feet long shall terminate in standard manholes unless future extension of said dead end will include a manhole within 400 feet of the upper most manhole, in which case a temporary cleanout will be permitted. Furthermore, unless greater length is necessary to serve the property, end structures shall be placed five feet beyond the down grade property line on the last lot served.

[2] Pump stations and treatment plants. Plans showing property lines, general plant layout, dimensions, types and sizes of all equipment, hydraulic profile and other pertinent features.

(d) Outline specifications for pumping stations and sewage treatment plants and description of proposed materials, and equipment.

(3) Final plans and reports. After the Authority's Manager has received replies and recommendations from the Authority's Solicitor and/or Engineer, the Manager shall notify the developer of the findings and recommendations resulting from the above-mentioned review and the amount of the performance bonds, etc. If applicable, any corrections to planning modules will be made at this time. The modules will then be submitted to the Borough/Township for their approval and adoption of a resolution adding the subdivision to the Borough/Township's "Official Plan." The applicant shall submit four copies of final plans and reports and other required items, all in accordance with the following:

(a) A formal letter of request for final approval, satisfactory to the Authority's solicitor, an agreement and such other documents as may be required.

(b) An engineer's report setting forth the information and data required in the preliminary report. If no revisions or additional data is required, the preliminary report may be suitable as the final report. In addition, the applicant shall prepare all application forms, modules, reports and such other data as required by the Pennsylvania Department of Environmental Protection.

(c) All applications, plans, exhibits and supporting data required for submittal to all agencies having jurisdiction in order to obtain licenses, permits and a approvals.

(d) Final plans prepared by a qualified registered professional engineer, or by a qualified registered surveyor when the development involves sanitary sewers exclusively, showing the following:

[1] Master plan, if first submission of several phases, additions or sections of large development.

[2] U.S.G.S. Topographic Map to indicate general location.

[3] Sewers. These plans must show the boundary line of the municipality or sewer district to be provided sewers; all existing and proposed streets, watercourses, and other salient topographic features; contour lines for intervals of not more than 10 feet; and the surface elevations at street intersections and at points where changes of slope occur. The plans must show clearly the locations of all existing sanitary sewers, but need not show the locations of drains used exclusively for surface or subsoil water. If sewers are proposed for only a part of the natural or artificial drainage areas, there must be indicated upon the plans how it is proposed, in general, to provide sewerage for each of the drainage areas in which it is not at the time planned to provide sewers. In the case of sewer extensions, the plans need show only the section wherein sewers are to be extended. In all cases the plans must clearly show the following: Size of the sewer, the character of the sewer material, the slope, the elevation at the location of all points of change of slope, the direction of flow, the location of all manholes, flushing manholes, inverted siphons, pumping stations, the elevations of all stream beds, the direction of stream flow, the high and low water elevations of all water surfaces and such other data and showing all profiles. The detailed plans shall include plans of all sewers, regular and special sewer appurtenances, structures of all types and such other features.

[4] Pumping station and treatment plants. These plans shall indicate all phases of the project including architectural, general, structural, mechanical, plumbing, heating and ventilating, electrical and other work, prepared in accordance with sound engineering practice. These plans shall show property lines of all sites, existing and proposed connections, existing and proposed utilities, roadways, drainage facilities and all physical features. The plans shall provide for complete fencing of all pumping stations and treatment plants and other such facilities.

(e) Complete detailed specifications for all work and other contract documents.

(4) Plan preparation. All final plans must be uniform in size and in accordance with requirements set forth in the Sewerage Manual of the Pennsylvania Department of Environmental Protection.

(a) The plans shall be prepared on sheets 24 by 36 inches in size, with a one-inch border on the left side and a one-half-inch border on all other sides. Each plan sheet shall include an appropriately sized title block.

(b) The general plan shall be on a scale not smaller than 300 feet to one inch, preferably, and not more than 100 feet to one inch. All other plans shall be drawn to a scale to permit all necessary information to be shown plainly. Sewer profiles shall be on a horizontal scale of not more than 50 feet to the inch and a vertical scale of not more than 10 feet to the inch, and plan views of sewers shall be drawn to the same scale as the profile view.

(5) Record plans. Subsequent to completion of the work, the applicant shall submit to the Authority one set of record reproducible mylars, four 24" x 36" paper sets, four laminated 11" x 17" paper sets, and a disk containing record drawings of as-built conditions in a ESRI Shapefile. No service will be furnished or permitted to be furnished until record plans are submitted and approved.

E. Responsibility for cost. The cost of all sanitary sewerage systems and related costs shall be borne by the applicant requesting approval thereof.

(1) The cost of such work shall include the following:

(a) The cost of all sewer lines of the size required for the project, none to be less than eight inches in size, of all manholes and other sewer appurtenances.

(b) The cost of connections to existing sewers.

(c) The cost of all pump stations and treatment facilities, of all grading, landscaping, fencing and other work.

(d) The cost of all land and rights of way, the rights of way and land to be conveyed to the Authority.

(e) The cost of obtaining all permits, licenses and such other approvals.

(f) Authority costs for the review of the plans and specifications, field work, if any, legal work, including the preparation of agreements with the Authority, administrative and such other costs in connection with the project.

(g) The cost of a resident engineer or inspectors furnished by the Authority to supervise and/or inspect construction of the project or projects. Such costs shall be the per diem rate (wages plus benefits) currently in effect, plus mileage costs and expenses. If the initial payment referred to in § 340-9C becomes exhausted, additional deposits shall be made in accordance with the Authorities rate schedule.

(h) The payment of all tapping, customer facility, connection and other fees.

F. Agreement. The applicant shall enter into a developer's agreement with the Authority, prior to final approval for and the commencement of any work; the agreement shall include but may not be limited to the following:

(1) The cost of all work shall be paid by the applicant or owner, except as otherwise indicated.

(2) The materials and workmanship shall be in accordance with the requirements of the Authority.

(3) The ownership title to all sewer collection system shall be conveyed to and vested in the Authority, including easements, sewer lines, pumping and all related facilities.

(4) The Authority shall have the right to make further extensions beyond or laterally from all sewers, such extensions not to be considered as connections subject to any refund, and the right to enlarge or improve sewage treatment facilities.

(5) Reimbursement of any costs to an applicant for connections to the facilities installed by the applicant shall be provided only if and to the extent required by law and shall be subject to the execution and delivery of a formal reimbursement agreement.

(6) Treatment works will not be accepted by the Authority for operation until the satisfactory operation of the facilities is assured.

(7) The applicant shall provide permanent 20-foot wide easements, or the width as required, in all plans of lots for all sanitary sewers, and for future extensions as required by the Authority. For sewers to be constructed outside the limits of a subdivision plan, the applicant shall obtain all required permanent easements at least 20 feet in width. All easements shall be obtained and provided at the cost of the applicant and conveyed to the Authority prior to requesting final approval of the work.

(8) The applicant shall provide all insurance, bonds and other such items as required by the Authority.

G. Security and insurance. The applicant shall furnish, at his cost, all bonds or other acceptable security and insurance as provided herein or as required by the Authority. The general requirements shall include but not be limited as follows:

(1) Performance and labor and material security. The applicant with whom an agreement is executed shall furnish to the Authority surety bonds, letters of credit or other similar type of financial security authorized by § 5607(d)(23) of the Authorities Act[1] in an amount equal to 110% of the estimated cost of the facilities to be installed by the applicant, all of which financial security shall be in form and substance satisfactory to the Authority and conditioned upon the prompt performance of the construction of such facilities and the prompt payment of all material furnished and all labor supplied or performed in the installation of such facilities.

[1] Editor's Note: See 53 Pa.C.S. § 5607(d)(23).

(2) Maintenance guarantee and security. The applicant shall maintain all facilities and all work performed in good condition and repair for a period of 18 months from the date of the Authority's acceptance thereof and, as security for such maintenance, shall furnish to the Authority a surety bond, letter of credit or any other type of financial security authorized by § 5607(d)(23) of the Authorities Act[2] in an amount equal to 15% of the actual cost of the facilities installed by the applicant and in form and substance satisfactory to the Authority.

[2] Editor's Note: See 53 Pa.C.S. § 5607(d)(23).

(3) Insurance. The applicant shall, following the execution of the agreement, submit to the Authority certificates of insurance in accordance with the following requirements and subject to the approval and acceptance by the Authority:

(a) Workmen's compensation insurance. The applicant shall take out and maintain during the life of the agreement workmen's compensation insurance for all employees employed on the project, and in case any work is sublet, the applicant shall require the subcontractor similarly to provide workmen's compensation insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the applicant.

(b) Public liability and property damage insurance. The applicant shall take out and maintain during the life of the agreement such public liability and property damage insurance as shall protect him and any subcontractor performing work covered by the agreement from claims for personal injury, including accidental death, as well as claims for property damage which may arise from operations under the agreement, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows:

[1] Public liability insurance in an amount of not less than $100,000 for injuries, including accidental death, to any one person, in an amount of not less than $300,000 on account of one accident; and property damage insurance in an amount not less than $50,000 to any one person and subject to the same limit for each person, in an amount of not less than $100,000 on account of one accident.

(c) Insurance covering special hazards. Hazards relative to the use of boats or other means of water travel going to or coming from the site, relative to the use of automobiles or trucks on the site or going to or coming from the site, and relative to blasting shall be covered in the same amounts by rider or riders to the public liability and/or property damage insurance policy or policies herein elsewhere required to be furnished by the applicant or by separate policies of insurance.

H. Construction specifications.

(1) General. The design, installation and construction of all sewers, pumping stations, sewage treatment plants and other related facilities shall be in strict accordance with the Specifications for the Construction of Sanitary Sewer Lines and Appurtenances as established by the Authority, with all applicable requirements of the Borough and as approved by the Consulting Engineer for the Authority.

I. Inspection of construction. All construction of sewerage facilities in the Borough shall be subject to inspection by representatives of the Authority during the progress of the work to assure that such construction is accomplished in accordance with the approved plans and specifications. The costs of such inspection shall be paid by the applicant.

(1) At least 10 days prior to starting construction, the applicant shall notify the Authority of the anticipated starting date of his proposed construction and the schedule of operation through completion of the project. At the time of this notification, a meeting shall be arranged between the applicant, the construction foreman and representatives of the Authority to completely review all aspects of the construction project, prior to commencing with construction. No construction will be permitted without such a meeting.

(2) Upon completion of the construction work, a detailed final inspection shall be made by the Authority to determine that the completed facilities have been constructed in accordance with the approved plans and specifications. Approval will not be given by the Authority until all discrepancies and deficiencies revealed by this final inspection have been satisfactorily corrected.

(3) Inspection fees as outlined herein and in the rules and regulations of the Authority shall be paid by the applicant, as previously indicated.

§ 340-10 Miscellaneous regulations.

A. Authorized employees of the Authority shall have access to the customer's premises at all reasonable hours and after the provision of reasonable notice for the purpose of inspection, repair and/or replacement of service lines, service line extensions, building sewers, manholes and other appurtenances; observation, measurement, sampling and testing of sewage or industrial wastes; and any other justifiable purposes.

B. The Authority shall have the right to make such excavations as are required for the proper execution of the work.

C. No workmen, owner or tenant, or other unauthorized person shall interfere with the Authority's property, or do work on service line connections, service line extensions, building sewers and such other facilities, except in accordance with requirements as previously set forth. The violation of the foregoing may result in termination of service, at the option of the Authority.

D. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the Authority's sewage works facilities, including the building sewers and such other service facilities. Any person violating this provision of these rules and regulations shall be subject to immediate arrest under applicable provisions of the Pennsylvania Criminal Code.

E. The Authority will consider a request to discontinue billing for sewer services in the event any premises is going to be vacant, or if the premises is unlivable and/or will be demolished or repaired.

F. In order for billing to be discontinued for a vacant home, a premises owner must request that water be turned off.

G. In all situations, the premises owner will be given a form to sign, agreeing to notify the Authority in the event the premises is re-occupied. The form also states that the premises owner will be responsible for all billing, back to the original date, in the event the unit is occupied without notifying the Authority. Billing will be discontinued as of the date of the water shut off. No credits will be issued for service prior to that date.

H. No agent or employee of the Authority shall have the power to bind the Authority by any promise, agreement or representation not provided for in these rules and regulations without approval of the Board of the Authority.

I. All notices and bills relating to the Authority or its business shall be deemed to have been properly served if left upon the premises, or if mailed to the premises owner, or directed to or left at the address for the premises or the owner, as shown on the records of the Authority.

J. The Authority will send all such notices and bills to the address given on the application for sewer service until a notice of change of address, in writing, has been filed with the Authority by the applicant.

K. All notices of general character, affecting or likely to affect a large number of customers or owners of premises, shall be deemed to have been properly given or served if advertised in the newspaper designated by the Authority.

L. Complaints concerning service or of bills rendered must be made in writing and delivered to the main office of the Authority.

M. Nothing in these rules, nor any contract, nor representation, verbal or written, of the Authority or any of its employees shall be taken or construed in any manner to be or constitute a guarantee to provide unreasonable sewer capacities or facilities, whether for domestic, commercial, industrial, manufacturing or other general uses, or for any other special purposes; but the Authority will at all times and under all conditions endeavor to maintain the efficiency of its service.

N. The Authority shall have the right to restrict the use of sewers as to capacity and character of sewage.

O. Pursuant to § 5607(d)(17) of the Municipality Authorities Act of 2001, June 19, P.L. 287, No. 22, as amended,[1] any person who shall violate any of the provisions of these rules and regulations shall, upon conviction thereof, be sentenced to pay a fine of not more than $300, plus the costs of prosecution, provided that each day a violation shall continue, after notice thereof by the Authority, shall constitute a separate offense subject to a total fine of not more than $1,000 in any instance; and the Authority shall have the further right, where the same is applicable, to remove or close the sewer connection until the provisions of this chapter are complied with. The expense of such removal or closing and the expense of restoring the sewage service shall be a debt due the Authority and a lien upon the premises served and may be filed and collected in the same manner provided by law for the filing and collecting of municipal claims.

[1] Editor's Note: See 53 Pa.C.S. § 5601 et seq.

P. Any person violating any of the provisions of these rules and regulations shall become liable to the Authority for any expense, loss or damage occasioned the Authority by reason of such violation.

Q. Any of the preceding rules and regulations relating to design criteria, construction and installation specifications, advance deposits and the payment of costs and expenses incurred by the Authority, including but not limited to costs and expenses for the review of plans and specifications, resident engineering and inspection and legal services shall apply to all privately-owned sewerage systems within the jurisdiction of the Authority.