[Adopted 2-14-1977 by Ord. No. 349, approved 2-14-1977]
As used in this article, the following terms
shall have the meanings indicated:
COMMERCIAL USER
Any building or structure or major portion thereof which
is occupied by a person or persons, partnership, firm or corporation
proffering the sale of goods and/or services.
INDUSTRIAL USER
Any building or structure housing any operation or process
involving the manufacture or alteration of any material and/or physical
substance.
MULTIPLE DWELLING
Each unit or domicile of a multiple dwelling shall be deemed
a single residential dwelling unit, except rooming houses, offices
or similar occupancy where each tenant occupies only one or two rooms
using common toilet facilities.
OWNER
Any natural person, association, partnership, firm or corporation
owning real estate within the area of the public sewer system. The
singular shall include the plural and the masculine shall include
the feminine and the neuter.
PUBLIC USER
Any user consisting of a nonprofit organization and normally
considered as a public institution, such as schools, libraries, municipal
buildings, volunteer fire companies and like institutions.
RESIDENTIAL USER
Any building or structure or major portion thereof which
has as its primary function that of a dwelling or occupancy by persons
on a more or less permanent basis.
Every property in Conway Borough adjoining or
abutting upon any street or alley in which a public sewer is now or
shall hereafter be located shall be connected with such sewer in such
manner and within such time as the Borough may order for the purpose
of the discharge of all fecal matter, human excrement, kitchen and
laundry wastes and other sewage from said premises. All such sewage
shall, after such connection, be conducted into such sewers. Every
such property shall be connected separately and independently with
the sewer through the house connection branch directly opposite the
building or nearest in a downstream direction. Grouping of buildings
upon one house sewer shall not be permitted, except under special
circumstances and for good sanitary reasons with special permission
granted by the Borough Council upon recommendation of the Borough
Engineer.
[Added 5-13-1996 by Ord. No. 452, approved
5-13-1996]
The discharge of stormwater runoff to the public
sewers shall be prohibited. No person shall convey or cause to be
conveyed to the public sewer system any source of extraneous water,
including roof drains, foundation drains, driveway drains or any similar
drain conveying surface water. Any user found to be discharging extraneous
water to the public sewer system shall be required to disconnect such
drain or source of extraneous water within such period of time as
may be required by the Borough.
The duly authorized agents of the Borough shall
have access at all reasonable hours of the day to all parts of the
premises to which sewer service is supplied to make necessary inspection.
The Borough reserves the right to refuse connection
to a sanitary sewer, or otherwise to compel discontinuance of use
or to compel pretreatment by an industry, to prevent discharge to
the sewer of any waste deemed to be harmful to the sewer system or
sewage treatment plant or to have a deleterious effect on the sewage
treatment process.
[Added 5-13-1996 by Ord. No. 452, approved
5-13-1996]
The Borough reserves the right to require the
use of grease interceptors on building sewers where, in the opinion
of the Borough or Borough Engineer, they are necessary for the proper
handling of liquid wastes containing grease and/or excessive amounts
of oil, flammable wastes, sand or other harmful ingredients, except
that such interceptors shall not be required for individual private
living quarters or dwelling units. All interceptors shall be of the
type and capacity approved by the Borough or the Borough Engineer
and shall be located so as to be readily and easily accessible for
cleaning and inspection. Grease, oil and sand interceptors shall be
constructed of impervious materials capable of withstanding abrupt
and extreme changes in temperature. Interceptors shall be of substantial
construction, watertight and equipped with easily removable covers
which, when bolted in place, shall be gastight and watertight. All
grease, oil and sand interceptors shall be maintained by the owner,
at the owner's expense, in continuously efficient operation at all
times.
Neither the Borough nor the Municipal Authority
of the Borough shall be liable for any damage resulting from leaks,
broken pipes or from any other cause occurring to or within any house
or building, and neither the Borough nor the Authority shall be liable
to any owner for any claim for damage arising by reason of leaking
or breaking of any main, interceptor, lateral or building connection,
sewer line or any attachment to the sewer.
The Borough may give an owner whose property is not connected with the sewer system written notice to connect with the sewer system within 45 days pursuant to §
98-2 herein by personal service or by certified mail sent to the last address of such owner. Upon failure of such owner to make the required connection within such forty-five-day period, the Borough may make such connection and collect the cost thereof from the owner by a municipal claim or in an action in assumpsit.
The Borough has provided and will provide six-inch
wye outlets from the main sewer lines for each lot. All owners must
connect to this wye. With permission of the Borough Engineers, connections
may be made at other points. Every connection to a main sewer must
be inspected by the Borough Engineer or other constituted Borough
personnel before the trench is backfilled.
If any owner of improved property within the Borough, not connected with the sewer system, shall be required by §
98-2 to connect therewith and shall have been given notice to connect as provided by §
98-6 and shall have failed to make the required connection within the period of 45 days required by such notice, such failure shall be and is hereby declared a violation of this article and such owner shall, upon conviction, be punished as provided by §
98-17 herein.
A. Beginning the first day of January 2007, all owners
of property connected or connecting with the sewers, sewer system
and sewage treatment works, zoned or leased by the Borough of Conway,
Beaver County, Pennsylvania, and all the owners of property who may
hereafter connect with and use the same shall pay sewer rentals or
charges payable quarterly as hereinafter provided for the use of such
facilities based upon the following schedules of rates:
[Last amended 12-20-2006 by Ord. No. 509, approved
12-20-2006]
(1) Minimum rates. The following minimum rates are hereby
imposed:
(a) For residential buildings: $21.11.
(b) For commercial establishments and buildings: $24.95.
(c) For industrial and public users: $59.68.
(2) Sewer rental rates:
|
Water Use per Quarter
(gallons)
|
Charge
|
---|
|
1,000 or less
|
Minimum rate
|
|
1,000 or more
|
$2.34 per 1,000 gallons or part thereof
|
(3) Flat-rate customers: $45.06.
B. Users with private water supply who discharge into
the sewer system are required to install and maintain, at their expense,
water meters of a type and size approved by the Borough, or be assessed
a flat rate as determined by the Borough by resolution from time to
time.
C. Industrial and commercial water users discharging
sewage to the sewer system having an average suspended solids content
greater than 250 parts per million, a five-day twenty-degree-centigrade
BOD greater than 250 parts per million and a chloride demand not to
exceed 50 parts per million shall be subject to strength-of-waste
surcharges as may be subsequently determined by the Borough.
D. Connection or tapping fee and bond. Each single residential
user or commercial, industrial or public unit shall pay a tapping
and connection fee, as established by resolution of Council, which
is payable on application for a connection permit.
[Amended 12-18-1978 by Ord. No. 363, approved
12-18-1978; 4-9-1979 by Ord. No. 365, approved 4-9-1979; 10-8-1984 by Ord. No.
402, approved 10-8-1984]
[Amended 5-13-1996 by Ord. No. 452, approved
5-13-1996]
No person shall discharge or cause to be discharged
to any public sewer wastes having any of the following characteristics:
A. Wastes containing liquids, solids or gases which,
by reason of their nature or quality, may cause fire or explosions
or be in any other way injurious to persons, the structures of the
public sanitary sewage system or its operation.
B. Wastes having a temperature in excess of 150°
F. or less than 32° F.
C. Wastes having a pH lower than 6.0 or higher than 9.0
or having any corrosive properties capable of causing damage or hazards
to structures, equipment or personnel of the public sanitary sewage
system. Where the Borough deems it advisable, it may require any person
discharging industrial wastes to install and maintain at his own expense,
in a manner approved by the Borough or its designated representative,
a suitable device to continuously measure and record the pH of the
wastes so discharged.
D. Wastes containing any noxious or malodorous gas or
substance which, either singly or by interaction with sewage or other
wastes, may create a public nuisance or hazard to life or prevent
entry to sewerage structures for their maintenance and repair.
E. Wastes containing ashes, cinders, sand, mud, garbage,
straw, shavings, metal, glass, rags, feathers, tar, plastics, wood,
hair, chemical or paint residues, greases, lime slurry or viscose
materials of such character or in such quantity that may cause an
obstruction to the flow in the sewers or otherwise interfere with
the proper operations of the public sanitary sewage system. Attention
is called to the fact that the maximum permissible concentration will
vary throughout the public sanitary sewage system depending upon the
size of the particular interceptor receiving the same and the flows
therein.
F. Wastes containing insoluble, nonflocculent substances
having a specific gravity in excess of 2.65.
G. Wastes containing soluble substances in such concentration
as to cause the specific gravity of the waste to be greater than 1.1.
H. Wastes containing any of the following substances
in solution or in suspension in concentrations exceeding those shown
in the following table:
|
Substance
|
Maximum Permissible Concentration
(milligrams per liter)
|
---|
|
Phenolic compounds as C5H6OH
|
1.0
|
|
Cyanides as CN
|
1.0
|
|
Cyanates as CNO
|
5.0
|
|
Iron as FE
|
0.3
|
|
Trivalent chromium as Cr plus
|
|
|
Hexavalent Chromium as Cr
|
0.5
|
|
Nickel as Ni
|
1.0
|
|
Copper as CU
|
0.03
|
|
Lead as Pb
|
0.5
|
|
Zinc as Zn
|
0.15
|
|
Manganese as MN
|
0.05
|
|
Cadmium
|
1.0
|
|
Tin
|
0.4
|
I. Wastes containing fat, oil and/or greases in concentrations
in excess of 200 milligrams per liter.
J. Wastes containing more than 10 milligrams per liter
of any of the following gases: hydrogen sulfide, sulfur dioxide, nitrous
oxide or any of the halogens.
K. Wastes containing gases or vapors, either free or
occluded, in concentrations toxic or dangerous to humans or animals.
L. Wastes containing toxic substances in quantities sufficient
to interfere with the biochemical processes of the sewage treatment
works or that will pass through the treatment process and still exceed
the state and federal requirements for the receiving stream.
M. Wastes containing toxic radioactive isotopes without
a special permit.
N. Wastes at a flow rate and/or pollutant discharge rate
which is excessive over relatively short time periods.
[Added 5-13-1996 by Ord. No. 452, approved
5-13-1996]
A. Wastewater containing waste constituents compatible
with the public sanitary sewer system and for which the sewage treatment
plan is capable of providing treatment and removal shall be subject
to a surcharge for such constituent concentrations in excess of those
provided herein. The wastewater constituents for which surcharges
are applicable are BOD
5, suspended solids, ammonia nitrogen, phosphorus, ABS and oil, greases and fats. The surcharges shall be in addition to the regular sewage collection, conveyance and treatment charges as set forth in §
98-9 and shall be chargeable as hereinafter provided.
B. The surcharge for the exceeding of applicable surcharge
constituents of wastewater shall be determined by the Borough by samples
taken at either a manhole or other sampling point mutually agreed
upon by the Borough and the producer of such waste. The frequency
and duration of the sampling period shall be such that, in the opinion
of the Borough, it will permit a reasonable reliable determination
of the average composition of such waste during a particular billing
period. Samples shall be collected or their collection supervised
by a representative of the Borough. Samples shall be analyzed in accordance
with the latest edition of Standard Methods for Examination of Water
and Wastewater, published by the American Health Association. The
analysis shall be used to establish the surcharge or surcharges for
the wastewater constituents herein regulated. In addition to the applicable
surcharges, the waste producer shall also be responsible for the costs
of sample collection and analysis when such analysis indicates an
exceeding of the allowable concentration of any wastewater constituent
regulated herein. Discharge of wastewater into the public sanitary
sewer system containing waste constitutes in excess of the following
shall be subject to the surcharges indicated.
(1) Any discharge having an average five-day biochemical
oxygen demand (BOD5) greater than 300 mg/l
(mg/l) shall pay a surcharge equal to 1/10 of 1% of 1%) of the quarterly
charges as computed on the quarterly bill for each mg/l that the BOD5 exceeds the 300 mg/l.
(2) Any discharge having a suspended solids content greater
than 275 mg/l shall pay a surcharge equal to 1/10 of 1% of the quarterly
charges for each mg/l that the suspended solids exceeds the 275 mg/l.
(3) Any discharge having a phosphorus concentration in
excess of 10 mg/l; an ammonia nitrogen concentration in excess of
20 mg/l; a concentration of oil, grease or fat in excess of 100 mg/l;
or a concentration of ABS in excess of 10 mg/l shall pay a surcharge
equal to 1/10 of 1% of the quarterly charge for each milligram per
liter that exceed the above stated limits for each parameter.
C. Violations and penalties as set forth in §
98-17 shall also be applicable in the amount of $300 per occurrence in addition to the surcharges as set forth herein.
Sewer charges shall be paid quarterly in accordance
with the rate schedule for sewer service as shall be rendered by Conway
Borough; provided, however, that during the first quarter that a residential,
commercial, industrial or public user begins to discharge sewage into
the sewer system, said charge shall be based on a per diem pro rata
amount from the time such connection is made until the following quarterly
billing period. Quarterly charges for sewer service shall be subject
to a penalty of 10% if not paid within 20 days after the date due.
Each sewer rental or charge imposed shall be
a lien on the property served by the sewer system of the Borough,
and such lien may be filed in the office of the Prothonotary and collected
in the manner provided by law for the filing and collection of municipal
claims.
The funds received by the Borough from the collection
of charges or rentals herein provided shall be used only for the purpose
of defraying the expenses of the Borough as approved by the Engineer
for the Municipal Authority of the Borough of Conway, Beaver County,
Pennsylvania, in the operation, maintenance, repair, alteration and
inspection, depreciation and other expenses in relation to such sewers,
sewer system and sewage treatment works and for such payments as the
Borough may be required to make under any lease or agreement it may
enter into or has heretofore entered into for said sewers, sewer system
and sewage treatment works with the Municipal Authority of Conway,
Beaver County, Pennsylvania, in accordance with the provisions of
the Act of May 2, 1945, P.L. 382, as amended.
The rental or charges imposed by this article
shall become effective immediately or at the time of connection to
the sewer system, as the case may be.
If and when an industrial user begins to discharge
into the sewer system or sewage treatment works, the Borough of Conway
agrees to develop and maintain a surcharge system in conformance with
40 CFR 35.935-13(b) and Appendix B to Part 35, subject to review by
the Environmental Protection Agency.
The Borough of Conway shall annually review
the user charges under this article and shall revise them periodically,
if necessary, to meet actual operation and maintenance expenses. The
Borough and/or the Authority shall maintain such records as are necessary
to document compliance with all regulations of the Environmental Protection
Agency.
Whenever in this article any act is prohibited
or is declared to be unlawful or the doing of an act is required or
the failure to do an act is declared to be unlawful, the violation
of any provision of this article shall be punishable by a fine of
not more than $300 and, in default of payment of such fine, by imprisonment
for a period not to exceed 10 days. Each day any violation of this
article continues shall constitute a separate offense. All fines and
penalties imposed under this article shall be turned over to the Borough
Treasurer to be used for general Borough purposes unless otherwise
directed by statute or ordinance.