[Adopted 3-24-2008 by Ord. No. 1-2008]
The following definitions shall apply to the
regulation of sanitary sewer use and wastewater disposal in Pocopson
Township:
Average number of gallons per day of sanitary sewage calculated
by taking the total quantity of flow delivered to a point during the
thirty-day time period immediately proceeding the date of calculation
and dividing by 30 days.
Equal to that number which has been the basis for the design
of the wastewater treatment plant which may be memorialized by a resolution
adopted by the Board of Supervisors. In Sewer District One, the standard
billing unit will be 262.5 gallons per day. For residential customers,
each dwelling unit shall be considered a billing unit. With respect
to non-single-family dwellings, flats or apartments having the use
of the sewage collection system through one sewer lateral, each dwelling
unit shall be considered as one billing unit as if each such unit
had a direct and separate connection to the sewage collection system.
For commercial or industrial properties, the number of billing units
shall be determined by dividing the total daily water usage projected
from standard usage rates (as set forth in a resolution) for different
uses by 262.5. If there is a disagreement over actual usage, the daily
water usage may be verified by metering for at least one year when
the commercial or industrial operation has been fully operational,
but in any event the usage rate shall not be reduced by more than
20% of the standard usage rates.
[Amended 4-23-2012 by Ord. No. 1-2012]
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five calendar
days at 20° C., expressed in milligrams per liter (mg/l).
A sewer intended to receive both wastewater and storm- or
surface water.
Any room, group of rooms, building or enclosure used or intended
for use in the operation of one business enterprise for the sale and
distribution of any product, commodity, article or service or used
or intended for use for any social, amusement, religious, educational,
charitable or public purpose and containing plumbing facilities for
kitchen, toilet or washing facilities.
A system, whether publicly or privately owned, for the collection
of sewage from two or more residential lots and for the treatment
or disposal of the sewage on one or more nonresidential lots.
Written notification by the Township, by personal service
or registered mail, that community or public sewer is available to
the property and that the property must connect thereto, at the owner's
expense, within 60 days.
Each single-family residence connected to a sewage collection
system shall be considered a dwelling unit. With respect to non-single-family
dwellings, including but not limited to apartments, having the use
of the sewage collection system through one sewer lateral, each residential
unit shall be considered a dwelling unit as if such unit had a direct
and separate connection to the collection system. Each store or office
having use of the sewage collection system through one sewer lateral
shall be considered at least one dwelling unit as if each such unit
had a direct and separate connection to the collection system. With
respect to commercial establishments connected to a separate lateral,
each store, office, etc., shall be considered a dwelling unit. With
respect to multiple, nonresidential establishments utilizing a single
toilet facility, the Township shall determine the number of dwelling
units. With respect to industrial establishments, the number of dwelling
units shall be determined by the Township. In no case shall the number
of dwelling units be less than one.
This term is synonymous and interchangeable with "billing
unit" for purpose of establishing user fees, sewer rents, and tapping
fees.
The fee charged for the construction and financing costs,
which will be billed monthly or in another specified period determined
by the Township.
A one-time fee charged by the Township at the time of connection
to the public sewer.
The annual sewer service charge, which will be billed monthly
or in another specified period as determined by the Township.
A one-time fee charged by the Township at the time of connection
to public sewer or upon determination by the Township based on a change
of use or volume of flow increasing the number of EDUs after the initial
connection is made.
The animal and vegetable waste resulting from the handling,
preparation, cooking and/or serving of foods from residences, offices,
hotels, stores, restaurants, commercial establishments and similar
uses within the Township.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface water
or groundwater.
Any person who is the occupant, tenant or holder of title
to any property served by and connected to the public sewer.
A natural person, a partnership, an association, a corporation,
a joint-stock company, a trust, an unincorporated association, a governmental
body, a political subdivision, a municipality, a municipal authority
or other group entity.
The logarithm of the reciprocal of the hydrogen ion concentration,
indicating the degree of acidity or alkalinity of a substance. The
concentration is the weight of hydrogen ions, in grams, per liter
of solution. Neutral water, for example, has a pH value of seven and
a hydrogen ion concentration of 107.
The wastes from the handling, preparation, cooking and dispensing
of food that has been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing
in public sewers, with no particle greater than 1/2 inch (1.27 centimeters)
in any dimension.
A common sewer contained within a temporary sewer district.
All facilities, including sewers, inceptors, force mains,
metering devices, pump stations, and other appurtenances, for the
collecting, pumping, treating and disposing of sanitary sewage from
a community sewage system designated as a temporary or permanent sewer
district.
A sewer that carries water-borne wastes from residences,
commercial buildings, industrial plants and institutions, together
with minor quantities of ground, storm and surface waters that are
not intentionally directed into the sewer.
Material removed from septic tanks serving individual or
small groups of homes and businesses. It does not include material
from septic tanks, holding tanks or other treatment units serving
industries, which is classified as industrial waste.
Water that carries the wastes of a community. The preferred
term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
Any sanitary sewage discharge which, for a period of 15 minutes,
shall exceed five times the average daily flow. The term particularly
applies to the sudden emptying of large vats, tanks, or swimming pools
into the sanitary sewage system.
Pocopson Township, Chester County, Pennsylvania.
Any pollutant or combination of pollutants listed as toxic
in the United States Environmental Protection Agency Regulations under
the provisions of the Clean Water Act of 1977 (P.L. 95-217), as heretofore
or hereafter amended.
Customary household waste from kitchens, baths, showers,
sinks, water closets, lavatories and laundries.
Wastewater removed from temporary storage tanks serving individual
or small groups of businesses. It does not include industrial waste.
The wastewater from industrial processes, trade or business
as distinct from domestic or sanitary wastes.
The spent water of a community. From the standpoint of the
source, it may be a combination of the liquid and water-carried waste
from residences, commercial buildings, industrial plants, and institutions.
The structures, equipment and processes required to collect,
carry away, and treat domestic waste, septage, and holding tank waste
and industrial waste and dispose the effluent, including the treatment
facilities.
An arrangement of devices and structures for treating wastewater,
septage, holding tank waste, industrial waste, and sludge. Sometimes
used as synonymous with "waste treatment plant" or "wastewater treatment
plant," "water pollution control plant," or "sewage treatment plant."
A natural or artificial channel for the passage of water,
either continuously or intermittently.
[Amended 4-23-2012 by Ord. No. 1-2012]
The Township creates two sewer districts as
follows:
A.
Sewer
District Number One consisting of the community sewage system for
the area bound by SR 926, Brandywine Creek, SR 52, the Riverside development
and the Lenape Village Shops;
B.
Sewer
District Number Two consisting of the community sewage system for
the area bound by The Preserve development, homes along the north
side of Corinne Road and Locust Grove Road including the historic
Locust Grove schoolhouse.
The following systems and discharges shall be
unlawful in Township:
A.
It shall be unlawful for any person to place, deposit,
or permit to be deposited in any unsanitary manner, on public or private
property within Township in any area under the jurisdiction of said
Township, any human or animal excrement, garbage, or biological or
chemical waste.
B.
It shall be unlawful to discharge through any natural
outlet within the Township, or in any area under jurisdiction of said
Township, any wastewater or other polluted waters, except where suitable
treatment has been provided in accordance with all of the provisions
of this article and other applicable law.
C.
It shall be unlawful for any person owning any property
connected to the sanitary sewage system to erect, construct, use or
maintain or cause to be erected, constructed, used or maintained any
privy, cesspool, sinkhole, septic tank or other receptacle on such
premises or otherwise for receiving sanitary sewage after connection
to the sanitary sewer system.
D.
It shall be unlawful to, at any time, erect, construct,
use or maintain any pipe, conduit, drain or other facility for the
discharge of sanitary sewage into the gutters of the Township, the
storm sewers of the Township or upon public or private property or
otherwise, except into the sanitary sewage system.
E.
Any person who erects, constructs, uses or maintains
a privy, cesspool, sinkhole or septic tank on any property connected
to the sanitary sewage system or otherwise erects, constructs, uses
or maintains any pipe, conduit, drain or other facility for the discharge
of sanitary sewage in violation of this chapter shall be deemed and
be declared to be erecting, constructing, using and maintaining a
nuisance which the Township is hereby authorized and directed to abate
in a manner provided by law.
No connection shall be made to the sanitary
sewage system except with permission of the Township and in compliance
with this chapter and the approved Act 537 Sewage Facilities Plan
for the Township and all Act 537 Plan separate study areas within
the Township, as well as such rules and regulations as may, from time
to time, be enacted, adopted, approved or promulgated by the Township.
A.
The Township or its duly authorized agent shall be
notified, in writing, when it is contemplated that the character of
a waste will be altered from that previously discharged in the sanitary
sewage system. Such notification shall be made prior to such change
and shall be submitted with a characterization analysis, the requirements
of which shall be determined by the Township, at the user's expense.
The Township or its duly authorized designee shall determine its acceptability
before such change takes place, and such discharge shall not occur
prior to the granting of approval by the Township.
B.
There shall be no connection to the sanitary sewage
system, any industrial, commercial, or other processed waste whose
quality may be deemed to have a harmful affect on the sewage treatment
or sludge-handling process or which cannot be processed by the treatment
plant in the normal and ordinary course of operation. Without limiting
the foregoing, any commercial or institutional facility providing
food service of food processing (hot or cold) must install a grease
trap (750 gallon minimum capacity) prior to discharge to a community
or public sewer collection system. Grease traps will be subject to
inspection by the Township to insure adequate maintenance by the property
owner.
C.
No matter having any one of the following characteristics
shall be discharged into the sanitary sewage system, with or without
pretreatment:
(1)
Any liquid or vapor having a temperature higher than
150° F.
(2)
Any water or waste which may contain more than 100
milligrams per liter of fat, oil and/or grease. Notwithstanding the
foregoing, grease, oil and sand interceptors shall be provided when,
in the opinion of the Township or its duly authorized agent, they
are necessary for the proper handling of wastewater containing excessive
amounts of grease and oil or sand, except that such interceptors shall
not be required for residential users. All interception units shall
be of type and capacity approved by the Township or its duly authorized
agent and shall be so located to be easily accessible for cleaning
and inspection. Such interceptors shall be inspected, cleaned and
repaired regularly, as needed, by the owner at his expense.
(3)
Any gasoline, benzene, paint thinner, naphtha, fuel
oil or other inflammable or explosive liquid, solid, or gas.
(4)
Any animal hair, ashes, cinders, sand, mud, straw,
shavings, metal, glass, rags, slugs, feathers, tar, diapers, plastics,
woods, manure or any other solid or viscous substance capable of causing
obstruction to the flow in the sanitary sewage system or otherwise
interferes with the proper operation of the sewage collection, conveyance
or treatment systems.
(5)
Any waters or waste having a pH lower than 6.5 or
higher than 9.5 or having any other corrosive property capable of
causing damage or hazard to structures, equipment or personnel of
the sanitary sewage system.
(6)
Any waters or waste containing a toxic or poisonous
substance or pollutants with sufficient quantity to injure or interfere
with any sewage treatment process, constitute a hazard to animals
or humans or constitute a hazard in the receiving waters of the sanitary
sewage system. "Toxic waste" shall include, but shall not by definition
be limited to, arsenic, cadmium, cyanide, iron, trivalent chromium,
hexavalent chromium, nickel, copper, zinc, lead or mercury compounds.
This also includes any waste classified as hazardous under the Code
of Federal Regulations at 40 CFR Part 261, Identification and Listing
of Hazardous Waste, as may be amended from time to time.
(7)
Any radioactive waste or isotopes of such half-life
or concentration as may exceed limits established by the Township
in compliance with applicable state and federal laws and regulations.
(8)
Any waters or wastes containing pollutants of such
character and quantity that unusual attention or expense is required
to handle such materials at the sewage treatment plant or in the collection
and conveyance systems.
(9)
Any noxious or malodorous gas or substance capable
of creating a public nuisance.
(10)
Any rates of flow taking on the properties of
a slug.
(11)
Any wastewaters containing dyes or materials
that will bleed colors to a substantial extent.
(12)
Any putrescible garbage that has not been properly
shredded. Garbage grinders that grind garbage to a maximum dimension
of 1/2 inch may be connected to sanitary sewers from homes, hotels,
institutions, restaurants, hospitals, catering establishments, or
similar places where garbage originates from the preparation of food
in kitchens for the purpose of consumption on the premises or when
served by caterers.
D.
Establishments with food preparation facilities shall
be required to install adequately designed pretreatment units and
traps to reduce greases and biological oxygen demand (BOD) prior to
discharge into an individual or community sewage system or the sanitary
sewage system.
E.
The construction, installation or use of any facility
which causes surface and/or subsurface stormwater or groundwater to
be discharged to the sanitary sewage system is prohibited. The facilities
prohibited shall include, but not be limited to, sump pumps, area
drains, yard drains, perimeter drains, foundation drains, roof liters,
downspouts, street inlets, storm sewers and cross-connections.
F.
The DELCORA Standards, Rules and Regulations of 2011, attached hereto
as Exhibit A,[1]are hereby collectively adopted as the Wastewater Treatment Regulations for the two sewer districts referenced in § 170-29.
[Added 4-23-2012 by Ord. No. 1-2012]
[1]
Editor’s Note: Exhibit A is on file in the Township
offices.
G.
The DELCORA Local Limitations for the Eastern Service Area (the "Eastern
Limitations") and the DELCORA Local Limitations for the Western Service
Area (the "Western Limitations"), as set forth in DELCORA Resolution
No. 2011-01, attached hereto as Exhibits B[2] is hereby adopted as the local limitations for all discharges of wastewater in the two sewer districts referenced in § 170-29. All such discharges of wastewater shall comply with the Western Limitations.
[Added 4-23-2012 by Ord. No. 1-2012]
[2]
Editor’s Note: Exhibit B is on file in the Township
offices.
A.
Upon issuance of a connection notice, connection shall
be required for those areas identified by the Act 537 Special Study
Area on Map 2, Sewer Service Area, as adopted by the Board of Supervisors,
as may be amended from time to time, at the owner's expense. Further,
Pocopson Elementary School may connect at the sole discretion of the
Township. If any owner of property required to connect shall fail
or refuse to connect with and use said sewer for a period of 60 days
after the connection notice to do so has been served by the Township,
either by personal service or by registered mail, the Township or
its designated agents may enter upon such property and construct such
connection. The cost for constructing such connection, along with
any collection costs and reasonable attorneys fees shall be payable
immediately by the property owner upon billing. If the owner fails
to pay the bill, the Township may file a municipal lien for the cost
of construction, collection costs and reasonable attorneys fees within
six months of the date of completion of the connection. The Township
may pursue any other remedies available at law or equity. Failure
by the Township to connect a property, lien a property, or pursue
other remedies does not prohibit the Township from doing so in the
future.
B.
The owner shall construct the connection subject to
inspection by the Township or its duly authorized delegate.
C.
After a connection is made, any septic tanks, cesspools,
and similar private wastewater disposal facilities shall be cleaned
of sludge and filled with stable, uncontaminated material at the owner's
expense.
In addition to civil penalties, the owner of
any occupied building from which discharges of improper sanitary sewage
are made shall be solely responsible for damages to the sewage system
and/or sewage treatment plant resulting from the discharge of such
improper sanitary sewage and for damages to others resulting from
improperly treated effluent from the treatment plant due to such discharges.
A.
Metering; measurement of flows.
(1)
The Board of Supervisors is authorized to adopt a
resolution to memorialize the average daily sewage flows, which may
be modified at any time by further resolution of the Board.
(2)
Actual water meter or sewer meter flow data indicating
peak daily flows different than those shown in the average daily sewage
flow calculations adopted by resolution by the Township over a one-year
period for similar residential and nonresidential establishments may
be accepted for use in determining the projected flows. If the average
daily flows are used, the peak daily flow shall be calculated by multiplying
the average daily flow by two.
(3)
For establishments with multiple uses, such as motels
or bed-and-breakfast operations with restaurant services for guests
and nonguests, the flow for each use shall be added to determine the
total flow for the establishment.
(4)
Any residential and nonresidential owner may be required
by the Township or its duly authorized delegate to install, at the
owner's own expense, a water meter or sewage flow meter to determine
volume for billing purposes. Said sewage flow meters shall be approved
by the Township or its duly authorized delegate. The expense of procurement,
installation and maintenance thereof shall be borne by the owner.
Such meter shall be placed at the point of connection as may be mutually
agreed upon by the Township or its duly authorized delegate and the
owner and subject to the following conditions:
(a)
The device shall be inspected and calibrated,
and tested for accuracy, at least once every six months by a person
or entity competent in the inspection and testing of such devices.
Certified reports of such inspections shall be mailed directly to
the Township or its duly authorized delegate. The costs of such inspection
and the cost of any repair or replacement shall be borne by the owner.
All repairs of meters of any type shall be accomplished within 30
calendar days of receipt of the inspection company's report attesting
to the meter's malfunction. In the event of failure by the owner to
meet the requirements of this subsection, the sewer service shall
be terminated.
(b)
In the case of missing flow records due to faulty
meter registration or otherwise, an estimate of flows will be made
for the purposes of determining volume of sewage discharged by the
Township or its duly authorized delegate. This estimate will be based
upon an evaluation of past flow records as applied to present conditions
and as reviewed and approved by the Township or its duly authorized
delegate.
(5)
Where metering is not feasible, a calculation will
be made by the Township or its appointed delegate to determine the
number of billing equivalents which contribute to the waste water
flow at a given connection. A minimum of one billing unit shall be
applied to each connection regardless of the flow. For apartment or
other multifamily dwellings, each apartment or dwelling unit shall
be considered a billing unit.
B.
Authority of Township.
(1)
The Township and/or any duly authorized representative
of the Township may require an owner of sewer services, at its own
cost, to provide information needed to determine compliance with this
chapter. These requirements may include:
(a)
Wastewater discharge peak rate in volume over
a specified period of time.
(b)
Chemical analysis of wastewater.
(c)
Information on raw materials, processes and
product affecting wastewater volume and quality.
(d)
Quantity and disposition of specific liquid,
sludge, oil, solvent or other materials important to sewer use control.
(e)
A plot plan of sewers on the owner's property
showing sewer and pretreatment facility location.
(f)
Details of wastewater pretreatment facilities.
(g)
Details of systems to prevent and control the
losses of materials through spills to the municipal sewer.
(2)
Samples of waste may be obtained and analyzed, at
the owner's expense, by the Township or its duly authorized representative
at any place and at any reasonable time in order to ensure compliance
with the terms of this chapter.
C.
Measurement standards. All measurements, attests and
analysis of the characteristic of waters and waste to which reference
is made in this article shall be determined in accordance with the
latest edition of "Standard Methods for Examination of Water and Wastewater"
published by the American Public Health Association. Sampling methods,
location, time, durations and frequencies are to be determined on
an individual basis subject to the Township.
A.
Sewer rental/user fee. Each owner of property served
by the sanitary sewage system and having the use thereof shall pay
an annual sewer rental, payable as hereinafter provided, for the use
of the sanitary sewage system. Each occupied building shall be billed
based on equivalent dwelling units of wastewater discharged. The annual
charge per EDU adopted by the Board of Supervisors shall be fixed
by resolution and may be modified at any time by further resolution
of the Board. In addition to the sewer rental, the Township may impose
a fee for maintenance, repair and replacement of the stormwater management
facilities that serve the property, such fee to be added to the sewer
charge and shall be established by resolution to reflect the costs
of maintenance, repair, and replacement of said facilities as estimated
by the Township Wastewater Engineer or reflecting actual experience.
B.
Tapping fee. For each temporary sewer district located
in the sanitary sewage system and in accordance with the rules and
regulations of the Township, there is hereby imposed upon each owner
of a billing unit connecting to the sanitary sewage system a tapping
fee. The tapping fee for each temporary sewer district shall be adopted
by the Board of Supervisors by resolution and may be modified at anytime
by resolution. Such tapping fee shall be paid to the Township by the
owner at the time application is made to the Township to connect to
the Township sanitary sewage system.
A.
Monthly billings. Sewer rentals shall be paid monthly.
Monthly billings for sewer rentals shall be made by bills dated on
or about the first day of each month for that month. Sewer rentals
shall be billed to owners of property connected to the sanitary sewage
system. All persons connected to the sanitary sewage system are required
to provide the Township or it duly authorized designee their correct
address, and the obligation to update the address lies with the user.
Failure to receive bills will not be considered an excuse for nonpayment
nor permit an extension of the period during which the bills are payable
at face.
B.
Late fees/penalties. Monthly sewer rentals, if not
paid by the due date specified on the monthly bill, shall be delinquent
and shall be subject to payment of an interest charge of 1.5% per
month, in addition to any penalty prescribed by resolution for nonpayment
within the "face" payment periods. The sewer rentals imposed by this
article shall be a lien on the property served from the date the charge
thereof first becomes due and payable. If such sewer rentals are not
paid, the Township shall file such liens and collect such sewer rentals
by action in assumpsit in the name of the Township against the owner
of the property served or the user of the service. The Township may
pursue any other remedies available by law or equity. If a bill is
not paid in 90 days, the Township may, after 10 days written notice
to the owner, order the shutoff of the public water supply and the
sewage service to the property. Failure of the Township to pursue
any remedy does not preclude the Township from doing so in the future.
C.
Restoration of service. Whenever sewer or water service
has been shut off, no service shall be provided until all unpaid rentals
have been paid and a charge paid for the cost of restoring service,
but not less than $100.
D.
Time and date of payments. Payments mailed, as evidenced
by the United States Post Office mark, on or previous to the last
day of the period during which the bills are payable, will be deemed
to be payment within such period.
Those funds received by the Township from the
collection of sewer tapping fees, sewer rentals/user fees and all
interest and penalties thereon as herein provided for shall be segregated
and kept separate and apart from all other funds of the Township and
shall be used only for the purpose of operation, management, maintenance,
repair, alteration, replacement, inspection, depreciation, or other
expenses in relation to the sanitary sewage system.
A.
The provisions of this article are declared to be
for the health, safety and welfare of the citizens of the Township,
and persons violating any provisions of this article shall, upon being
found liable therefor, in a civil enforcement proceeding, pay a fine
for each such violation in an amount not more than $1,000, together
with all court costs, including reasonable attorneys fees, incurred
by the Township. No judgment shall be imposed until the date of determination
of a violation by the District Judge. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Rules of Criminal Procedure. Each thirty-day
period during which such violation of such provisions shall continue
shall be considered a separate offense.
B.
Any person violating any of the provisions of this
article shall become liable to the Township for any expense, loss
or damage occasioned the Township by reason of such violation. Proper
officers of this Township are authorized and directed to do all things
and take all legal action necessary, including the filing of municipal
claims, shutting off water service or any other action, in accordance
with law, to enforce collection of the debt service fee established
and imposed hereby and otherwise to carry out provisions hereof. Any
person who knowingly makes any false statements, representation or
certification in any application, record, reports, plan or other document
filed or required to be maintained pursuant to this article or who
falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or method required under this article, shall be prosecuted
in accordance with the provisions of the Pennsylvania Crimes Code
pertaining to perjury and falsification in official matters, 18 Pa.C.S.A.
§ 4901 et seq.
C.
Each occupied building, whether or not the owners
thereof shall be permitted to connect two or more occupied buildings
or units by a single common connection to a lateral of the Township
sanitary sewage system or shall be required to make separate connections
for each occupied building or unit, shall constitute a separate unit
under the provisions of this article, and the persons owning occupied
buildings, consisting of multiple billing units contained in the same
structure, who violate any of the provisions of this article, shall
be subject to the aforesaid civil enforcement proceeding before a
District Justice for each and every one of such occupied buildings
or billing units which are in violation of the provisions of this
article. The Township Wastewater Engineer and other duly authorized
employees or contractors of the Township, bearing proper credentials
and identification, shall be permitted to enter upon all properties
for the observation, measurements, sampling necessary.
A.
If any sentence, clause, section or part of this article
is for any reason found to be unconstitutional, illegal or invalid,
such unconstitutionality, illegality or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections
or parts hereof. It is hereby declared the intent of the Township
Board of Supervisors that this article would have been adopted had
such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included therein.
B.
All ordinances and resolutions, or parts of ordinances
and resolutions, conflicting with any provisions of this article are
hereby repealed.
C.
The Township hereby authorizes General Code to make
nonsubstantive numbering and formatting changes to allow this article
to comport with the numbering and formatting of the Code.
