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Township of East Whiteland, PA
Chester County
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Table of Contents
Table of Contents
This Part 2 shall be known as the "Revised Sewer Code of East Whiteland Township, 1987."
A. 
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this Part 2 shall be as follows:
AUTHORITY
East Whiteland Municipal Authority.
BOD (denoting "biochemical oxygen demand")
The quantity of oxygen expressed in milligrams per liter (mg/l), utilized in the biochemical oxidation of the organic matter in sanitary sewer or industrial waste under standard laboratory procedure in five days at 20º C. It shall be determined by one of the acceptable methods described in the latest edition of "Standard Methods for the Examination of Water and Wastewater" published jointly by American Public Health Association, and the Water Pollution Control Federation, or the latest edition of "Methods for Chemical Analysis of Water and Wastes" published by the U.S. Environmental Protection Agency.
BUILDING SEWER
The extension from the sewage drainage system of any structure to the service lateral of a collection sewer.
CAPPED SEWER
A complete sanitary sewage system installed on any improved property for future connection to the collection sewer system.
CHLORINE REQUIREMENT
The amount of chlorine, in parts per million by weight, which must be added to sewage or other liquid to produce a residual of 0.1 parts per million after 15 minutes of content, or to meet the requirements of some other objective, in accordance with procedures set forth in "Standard Methods."
COLLECTION SEWER
The Township's sanitary sewers located under highways, roads, streets and right-of-way with branch service laterals that collects and conveys sanitary sewage or industrial wastes or a combination of both and into which storm, surface, and ground waters or unpolluted industrial wastes are not intentionally admitted.
COLOR OF AN INDUSTRIAL WASTE
The color of the light transmitted by the waste solution after removing the suspended material, including the pseudocolloidal particles.
COMMERCIAL USER
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 that are either time or flow proportioned or both, obtained at regular intervals over a period of time and shall reasonably reflect the actual wastewater discharge conditions for that period of time.
CONNECTION UNIT
Each individual building or house whether constructed as a detached unit or as one of a pair or row which is designed or adaptable to separate ownership for use as a family dwelling unit or for commercial or industrial purposes. A school, factory, apartment house, cooperative or condominium apartment house, office building or other multiple-unit structure whose individual apartments or units are connected to a common internal sewage system and which are not commonly subject to separate ownership shall be considered as one connection unit.
CONSULTING ENGINEER
A duly qualified engineer designated by the Township or the Authority as its consulting engineer.
COOLING WATER
The water discharged from any system of condensation, including but not limited to air conditioning, cooling, or refrigeration.
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
The Department of Environmental Protection 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.
DISSOLVED SOLIDS
That concentration of matter in the sewage consisting of colloidal particulate matter one micron in diameter or less, and both organic and inorganic molecules and ions present in solution.
DOMESTIC USER
A property which is intended to be used for continuous or periodic habitation by human beings.
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.
FLOATABLE OIL
Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in a pretreatment facility approved by the Authority.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the commercial handling, storage and sale of food products and produce.
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 but shall reasonably reflect actual discharge conditions for that instant.
GROUND GARBAGE
Garbage that has been shredded to such a degree that all its particles will be carried freely under normal sewer flow conditions, with no particle greater than 1/2 inch in any dimension.
GROUND WATER
Water which is standing in or passing through the ground.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
IMPROVED PROPERTY
Any property within the sewered area upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged. The property may or may not have public water or private water.
INDUSTRIAL USER
Any property discharging wastewater to the sanitary sewer system, and which is intended to be used in whole or in part for manufacturing, processing, cleaning, laundering or assembling any product, commodity or article; or from which any process waste, as distinct from domestic waste, is discharged.
INDUSTRIAL WASTE
Any liquid or gaseous substance, whether or not solids are contained therein, discharged from any industrial establishment during the course of any industrial, manufacturing, trade, or business process or in the course of the development, recovery, or processing of natural resources, as distinct from sanitary sewage.
INDUSTRIAL WASTE PERMIT
A permit to deposit or discharge liquid industrial wastes into any sanitary sewer discharging to the wastewater treatment plant owned by the Valley Forge Sewer Authority.
INFILTRATION
The groundwater unintentionally entering the public sewer system, including building foundation drains and sewers, from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is distinguished from, inflow.
INFILTRATION/INFLOW
The total quantity of water from both infiltration and inflow without distinguishing the source.
INFLOW
The water discharge into a sanitary sewer system, including building drains and sewers, from such sources as, but not limited to: roof leaders, cellar, yard and area drains; foundation drains; unpolluted cooling water discharges; drains from springs and swampy areas; manhole covers; cross connections from storm sewer and/or combined sewers; catch basins; storm waters; surface runoff; street wash waters; or drainage. Inflow does not include, and is distinguishable from, infiltration.
MANHOLE
A shaft or chamber leading from the surface of the ground to a sewer, large enough to enable a man to gain access to the latter.
mg/l
Milligrams per liter and is equivalent to parts per million by weight.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT
A permit issued under the National Pollutant Discharge Elimination System (NPDES) for discharge of wastewaters to the navigable waters of the United States pursuant to Section 402 of Public Law 92-500, as amended.
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under the authority of 307(b) of the Act and 40 CFR 403.5.
NITROGEN, TOTAL KJELDAHL (TKN)
The sum of the organic nitrogen and ammonia nitrogen, expressed in milligrams per liter.
NONFILTERABLE RESIDUE
Solids that either float to the surface or are in suspension in water, sewage, industrial waste or other liquids, and which are removable by laboratory filtration. The quantity of nonfilterable residue shall be determined by one of the acceptable methods described in the latest edition of "Standard Methods for the Examination of Water and Wastewater" or "Methods for Chemical Analysis of Water and Wastes," cited above.
NORMAL DOMESTIC STRENGTH SEWAGE
Wastewater or sewage having an average daily suspended solids (SS) concentration of not more than 250 milligrams per liter and an average daily BOD of not more than 250 milligrams per liter and excluding toxic and/or inflammable wastes.
OBJECTIONABLE WASTE
Any wastes that can in the Authority's judgment harm either the sewers or sewage treatment process or equipment; can have an adverse effect upon the receiving stream; can otherwise endanger life, health or property; or which constitutes a public nuisance.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the sewered area.
PARTS PER MILLION (PPM)
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.
PERSON
An individual, a partnership, an association, a corporation, a joint-stock company, a trust, an unincorporated association, a governmental body, a political subdivision, a municipality, a municipality authority or any other group or legally recognized entity. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution, indicating the degree of acidity or alkalinity of a substance. A "stabilized pH" will be considered as a "pH" which does not change beyond the specific limits when the waste is subject to aeration. It shall be determined by one of the accepted methods described in the latest edition of "Standard Methods for Examination of Water and Wastewater," published by the American Public Health Association.
PHOSPHORUS (P)
The sum of the orthophosphate, polyphosphate, and organic phosphate form of phosphorus expressed in milligrams per liter.
POLLUTANTS
Any material that, when added to water, shall render that water (either because of the nature of quantity of the material) unacceptable for its original intended use; including, but not limited to, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, chemical wastes, biological materials, radioactive materials, heat, sand, cellar dirt, and industrial, municipal, and agricultural wastes.
POLLUTION
The man-made or man-induced alteration of the chemical, physical, biological, and/or radiological integrity of water.
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the sanitary sewer system. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means.
RESPONSIBLE INDIVIDUAL
(1) 
The chief executive officer or the chief operating officer of the user facility if the industrial user is a corporation;
(2) 
A partner or the general manager of the user facility if the industrial user is a partnership;
(3) 
The owner or the general manager of the user facility if the industrial user is a proprietorship; or
(4) 
The person duly designated as the responsible individual by a corporation, partnership or proprietorship, provided that such person shall be actually responsible for overall operation of the user facilities.
SANITARY SEWAGE (also referred to herein as "sewage")
Wastewater originating from residential users containing human and customary household wastes, or such wastes from commercial or industrial establishments, but excluding industrial wastes.
SANITARY SEWER
A sewer that conveys sewage or industrial wastes or a combination of both, and into which storm-, surface, and ground waters or unpolluted industrial wastes are not intentionally admitted.
SERVICE LATERAL
Part of the sewer system from the collection sewer to the curb line or right-of-way line.
SEWAGE TREATMENT PLANT
The Valley Forge Treatment Plant and facilities operated for such purpose by the Valley Forge Authority to which the sewer system is to be connected.
SEWER
Any pipe or conduit constituting a part of the sanitary sewer system used or usable for sewage collection purposes and to which ground-, surface and storm water is not intentionally admitted.
SEWERED AREA
That portion of the Township of East Whiteland in which there shall be constructed a sewage collection system of the Authority in accordance with the plans of the Authority's designated consulting engineer, as from time to time constructed and extended.
SEWER SYSTEM
All facilities, as of any particular time for collecting, pumping, treating and disposing of sanitary sewage and industrial wastes, situated in the sewered area and owned and/or operated by the Authority.
SIGNIFICANT INDUSTRIAL USER
Any industrial user of the Valley Forge Wastewater Treatment Facility who has a discharge flow of 25,000 gallons or more per average work day or is found by the Authority, EPA or DER to have significant impact, either potential or realized, either singly or in combination with other contributing industries, on the sanitary sewer system and/or the wastewater treatment facility (either its operational efficiency, effluent quality or quality of the sludge produced by said facility).
SLUG
Any discharge of water, sewage or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of longer duration than 15 minutes, more than five times its average hourly concentration or flow during a normal working day.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the latest Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget.
STANDARD METHODS
The laboratory procedures set forth in the following sources: Standard Methods for the Examination of Water and Wastewater, Latest Edition, as amended, prepared and published jointly by the American Public Health Association, American Water Works Association, and Water Pollution Control Federation; Methods for Chemical Analysis for Water and Wastes, prepared and published by the Analytical Quality Control Laboratory, U.S. Environmental Protection Agency; "Guidelines Establishing Test Procedures for the Analysis of Pollutants," enumerated in 40 CFR 436.1 et seq. (1975), as amended; and/or any other procedures recognized by the U.S. Environmental Protection Agency and the Commonwealth of Pennsylvania.
STORM SEWER
A sewer that carries storm-, surface and ground water drainage but excludes sewage and industrial wastes.
STREET
Any street, highway, road, lane, court, alley and public square.
SUSPENDED SOLIDS (SS) or TOTAL SUSPENDED SOLIDS (TSS)
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtration. The standard laboratory procedure shall be that found in the latest edition of "Standard Methods."
TOTAL SOLIDS
The sum of suspended and dissolved solids.
TOWNSHIP
East Whiteland Township or its authorized representatives, including the East Whiteland Municipal Authority where appropriate.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other Acts.
UNPOLLUTED WATER OR WASTE
Water that has not had its pollutant level raised by the user, or any water or waste containing none of the following: free or emulsified grease or oil; pH less than 6.0 or greater than 9.0; phenols or other substances imparting taste and odor to receiving waters; toxic or poisonous substances in suspension, colloidal state or solution; obnoxious or odorous gases. It shall contain not more than 1,000 milligrams per liter by weight of dissolved solids of which not more than 250 milligrams per liter shall be as chloride and not more than 10 milligrams per liter each of nonfilterable residue and BOD. The color shall not exceed 50 color units. Analysis of the above-mentioned substances shall be made in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater" or "Methods of Chemical Analysis of Water and Wastes," cited above.
USER
Any person who contributes, causes or permits the contribution of wastewater into the sanitary sewer system.
WASTEWATER
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the treatment plant.
B. 
"May" is permissible; "shall" is mandatory.
It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner upon public or private property within the Township of East Whiteland, or in any area under the jurisdiction of said Township, any human or animal excrement, garbage, or other objectionable waste.
It shall be unlawful to discharge to any creek, stream or other area which may continuously or from time to time carry a natural flow or surface or subsurface water within the Township of East Whiteland or in any area under the jurisdiction of said Township, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Part 2 and any applicable laws of the Commonwealth of Pennsylvania relating to sewage and industrial waste.
A. 
Notice.
(1) 
Whenever any sewer constituting a branch or extension of the Township sanitary sewer system has been completed and is ready for public use, it shall be the duty of the Authority to cause a printed or written notice of the completion of such sewer, together with a copy of this Part 2, to be served in the manner hereinafter provided on the owner as defined in Subsection B(3).
(2) 
If the Authority shall so elect, notice of such completion may also be advertised in one newspaper circulated in the Township.
(3) 
Such notice in each instance to state that it is the duty of such owners to cause buildings erected on their premises requiring sewage drainage to be connected therewith at their own expense and subject to the payment of the tapping fee required by § 154-66.
B. 
Duty to connect.
(1) 
It shall be the duty of every owner, as defined in Subsection B(3) hereof, of the existing premises to cause each old or new building erected thereon requiring sewage drainage to be separately connected to the Township sewer within 60 days from the time of the receipt of the aforesaid notice.
(2) 
If a new building is erected on any premises the duty to connect shall arise upon completion of said building and must be completed within 60 days of said completion.
(3) 
"Owner" for the purpose of this § 154-17 shall mean the owner or owners of any type of building or structure which contains sewage facilities where some point of the structure is within 150 feet of a Township collection sewer.
(4) 
Special exceptions to this requirement may be granted by the Authority upon the showing of unusual hardship or circumstance.
(5) 
If at any time the Authority shall deem it necessary for the public health to require that any building erected on premises abutting on, adjoining, or adjacent to any Township sewer, wheresoever any such building may be located on such premises, shall be connected with such sewer, it shall cause to be served upon the owner or owners of any such building, in the manner hereafter provided, a copy of this Part 2 and a printed or written notice directing that the necessary connections be made within 60 days from the date of its service.
C. 
Failure to connect. If any owner of premises situated along the line of a Township sewer shall fail to heed the notice, the Authority shall cause the necessary connections to be made, and, upon completion of the work for the same shall render a bill covering the cost of said work to the owner of such premises. All such bills shall contain a notice that, if bills be not paid within 60 days after date thereof, the same shall be collected in the manner provided by law.
D. 
Obtaining permit to connect.
(1) 
No person shall uncover, connect with, make any opening into or use, alter or disturb, in any manner, any sewer or sewer system without first obtaining written permission from the Authority. Such permission will be issued to owners required to connect to a Township collection sewer by this Part 2. The improved property owner shall apply to the Authority for the required permit, stating his desire and intention to connect to the sewer system and noting the type of existing facilities to be abandoned. At least 48 hours' notice prior to the connection shall be given the Authority so arrangements can be made to inspect and test the connection works. (See also §§ 154-60, 154-62, 154-67, 154-68 and 154-77.)
(2) 
Before commencing any phase of the construction for building sewer connection, the plumbing contractor shall locate and expose the existing wye or stub provided to connect to the Township sewer. No cap, stopper or plug shall be removed or punctured until permission has been granted by an authorized Municipal Authority Engineer. If no connection is provided, the contractor shall locate and expose the Township sewer main at the point where the connection is to be made.
(3) 
A 1/4 inch per foot gradient is required from point of entry at the building to sewer main. A check shall be made to verify that there is a 1/4 inch per foot gradient by obtaining the differential elevation using approved methods. If the elevations are such that the connection cannot be made at 1/4 inch per foot gradient, he shall contact the Municipal Authority Engineer for permission to install the line at a minimum grade of 1/8 inch per foot. Under no circumstances shall the trench between connections be excavated before it is ascertained that the minimum can be obtained.
Any person violating any of the provisions of this Part 2 shall become liable to the Authority for any expense, loss, or damage occasioned to the Authority by reason of such violation.
Each property owner shall give the Authority written notice of any change of ownership of any improved property.
When the premises are vacated, the owner of improved property shall give written notice to the Authority, and the owner will be responsible for all sewer charges and fees until such notice is given.
A. 
In addition to the requirements of § 154-17, where there exists on the premises abutting, adjoining, or adjacent to a Township sanitary sewer a privately owned, operated, or maintained sewage treatment plant or other process designed and maintained for the purpose of processing or packaging sanitary sewage, the Authority shall submit to the Board of Township Supervisors proposals as to the disposition of such privately owned, operated, or maintained sanitary sewage packaging plant or processing plant.
B. 
The aforementioned proposals may include, but are not limited to, one or more of the following:
(1) 
That the sewage treatment plant or similar sewage processing system be condemned according to law and closed down.
(2) 
That the sewage treatment plant or similar processing system be converted into a sanitary sewage pretreatment plant, designed for the purpose of treating and processing sewage or industrial effluence so as to conform such sewage or effluence to the requirements of this Part 2 regarding the permissible content of matter permitted to enter the Township's sanitary sewage system.
(3) 
That the sewage treatment plant or similar processing system be condemned according to law and be purchased by the Authority for use by the Authority in any manner consistent with a design for promoting the public health and welfare, and consistent with the provisions of this Part 2.
Where pursuant to the provisions of this Part 2, the owner of improved property is required by the Authority to install sewage facilities in quantities, sizes and/or capacities in excess of the minimum requirements as provided in this Part 2, the owner of said improved property shall be responsible for all costs incident to the construction, installation and connection of such facilities; provided that the Authority shall be responsible for, but only for, that portion of the costs of such construction, installation and connection which would not have been incurred by the owner had the owner not been required to install sewage facilities in quantities, sizes and/or capacities in excess of the minimum requirements as provided for in this Part 2; but provided further, that the Authority shall not be responsible for costs incident to any requirements for sewage facilities in excess of the minimum requirements, where such excess was necessary in order to accommodate the larger sewage disposal needs of a building or buildings erected on a particular property.
If any person shall fail or refuse, upon receipt of written notice of the Authority, to remedy any unsatisfactory conditions or violations of this Part 2 within 60 days of receipt of such notice, the Authority may refuse to permit such person to discharge sanitary sewage and industrial wastes into the sewer system until such unsatisfactory condition shall have been remedied to the satisfaction of the Authority or consulting engineer.
In order to prevent discharge into the sewer system of wastes, the discharge of which is in violation of the provisions of this Part 2 or which may be deemed by the Authority to be harmful to the sewer system or to have a deleterious effect on sewage treatment process, or to have a deleterious effect on the public health, welfare or safety, the Authority shall refuse to any person the privilege of connection of any improved property to a sewer, or to compel discontinuance of use of a sewer by any person, or to compel the pretreatment of industrial and harmful wastes.
A. 
The Authority shall not be liable for any damages, expenses, costs, or other injury resulting from leaks, stoppages or defective plumbing, or from any other cause occurring to any premises or within any house or building.
B. 
The Authority shall not be liable for damages, expenses, costs, or other injury caused by the breakage or stoppage of, or any damage or expense to, any lateral or house connection when the cause thereof is found to be in the lateral or house connection.
C. 
The Authority shall not be liable for any breaking, stoppage or any damage or expense to any service lateral or building sewer, where the cause thereof is found to be in the building sewer.
D. 
The Authority shall not be liable for any costs, damages, expenses or other injury caused or occasioned by or in connection with a deficiency or failure of service when occasioned by an emergency, required repairs, or failure from any cause beyond control.
A. 
The Authority will furnish sewage service only in accordance with the prevailing, and as hereafter revised, rates, rules and regulations of the Authority, which rates, rules and regulations are made a part of every application, permit and contract entered into between the property owner or customer and the Authority.
B. 
The Authority hereby reserves the right, so often as it may deem necessary, to alter, amend and/or repeal the rates, rules and regulations in part or in whole, to substitute new rates, rules and regulations which altered and/or amended new rates, rules and regulations shall forthwith, after due notice, become and thereafter be a part of every application, permit and contract for sewage service in effect at the time of such alteration, amendment and/or adoption.