Article 1
Sewers and Sewage Disposal

A.    Sewer Connections and Uses.

§11-101 Definitions.

Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this Article shall be as follows:

Borough–the Borough of Cornwall, Lebanon County, Pennsylvania, acting by and through its Council, or, in appropriate cases, by and through its authorized representatives.

Building sewer–the extension from the sewage drainage system of any structure to the lateral of a sewer.

Improved property–any property located within this Borough 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.

Industrial establishment–any improved property located in this Borough used wholly or in part for the manufacturing, processing, cleaning, laundering or assembly of any product, commodity or article, or any other improved property located in this Borough from which wastes, in addition to or other than sanitary sewage, are discharged.

Industrial wastes–any and all wastes discharged from an industrial establishment, other than sanitary sewage.

Lateral–that part of the sewer system extending from a sewer to the curb line or, if there shall be no curb line, extending to the property line or, if no such lateral shall be provided, then “lateral” shall mean that portion of, or place in, a sewer which is provided for connection of any building sewer.

Owner–any person vested with ownership, legal or equitable, sole or partial, of any improved property.

Person–any individual, partnership, company, association, society, corporation or other group or entity.

Sanitary sewage–normal water-carried household and toilet wastes discharged from any improved property.

Sewer–any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes.

Sewer System–all facilities, as of any particular time, for collecting, transporting, pumping, treating and/or disposing of sanitary sewage and/or industrial wastes, situate in this Borough, to be constructed, acquired, owned, maintained and operated by the Borough in, adjacent to and for certain portions of this Borough.

(Ord. 1990-8, 10/25/1990, §1; as amended by Ord. 2018-2, 8/27/2018, §8)

§11-102 Use of Public Sewers Required.

1.    The owner of any improved property located in this Borough and benefitted, improved or accommodated by the sewer system, shall connect such improved property to the sewer system, in such manner as this Borough may require, within 45 days after notice to such owner from this Borough to make such connection, for the purpose of discharge of all sanitary sewage and industrial wastes from such improved property, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by this Borough, from time to time.

2.    All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under subsection .1 of this Section, shall be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or otherwise shall be established by this Borough from time to time.

3.    No person shall place or deposit or permit to be placed or deposited upon public or private property within this Borough any sanitary sewage or industrial wastes in violation of subsection .1 of this Section. No person shall discharge or permit to be discharged to any natural outlet within this Borough any sanitary sewage or industrial wastes in violation of subsection .1 of this Section, except where suitable treatment has been provided which is satisfactory to this Borough.

4.    No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used and maintained at any time upon any improved property which has been connected to a sewer or which shall be required under subsection .1 of this Section to be connected to a sewer. Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of this Borough, shall be cleansed and filled at the expense of the owner of such improved property and under the direction and supervision of this Borough; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by this Borough, cleansed and filled, shall constitute a nuisance and such nuisance may be abated as provided by law, at the expense of the owner of such improved property.

5.    No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer.

6.    The notice by this Borough to make a connection to a sewer, referred to in subsection .1 of this Section, shall consist of a copy of this Article, including any amendments at the time in effect, or a brief summary of each Section thereof, and a written or printed document requiring such connection in accordance with the provisions of this Article and specifying that such connection shall be made within 45 days from the date such notice is given. Such notice may be given at any time after a sewer is in place which can receive and convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner either by personal service or by registered mail or by such other method as at the time may be provided by law.

(Ord. 1990-8, 10/25/1990, §2; as amended by Ord. 2018-2, 8/27/2018, §9)

§11-103 Building Sewers and Connections.

1.    No person shall uncover, connect with, make any opening into, or use, alter, or disturb, in any manner, any sewer or the sewer system without first making application for and securing a permit, in writing, from the Borough.

2.    Except as otherwise provided in this Subsection, each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than 1 improved property on 1 building sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, and then only after special permission of this Borough, in writing, shall have been secured.

3.    All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to a lateral shall be borne by the owner of the improved property to be connected, and such owner shall indemnify and save harmless the Borough from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building sewer or connection of a building sewer to a sewer.

4.    A building sewer shall be connected to a sewer at the place designated by the Borough and where the lateral is provided. The invert of a building sewer at the point of connection to a lateral shall be at the same or a higher elevation than the invert of the lateral. A smooth, neat joint shall be made and the connection of a building sewer to the lateral shall be made secure and water-tight.

5.    If the owner of any improved property located in this Borough and benefitted, improved or accommodated by the sewer system, after 45 days notice from this Borough, in accordance with subsection .2, shall fail to connect such improved property, as required, this Borough may make such connection and may collect from such owner the costs and expenses thereof. In such case, this Borough shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the owner of the improved property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such improved property to pay said bill, this Borough shall file a municipal lien for said construction within 6 months of the date of the completion of the construction of said connection, the same to be subject in all respects to the general law provided for the filing and recovery of municipal liens.

(Ord. 1990-8, 10/25/1990, §3; as amended by Ord. 2018-2, 8/27/2018, §10)

§11-104 Rules and Regulations Governing Building Sewers and Connections to Sewers.

1.    Where an improved property, at the time connection to a sewer is required, shall be served by its own sewage disposal system or device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or device and attachment shall be made, with proper fittings, to continue such house sewer line, as a building sewer.

2.    No building sewer shall be covered until it has been inspected and approved by this Borough. If any part of a building sewer is covered before so being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved property to be connected to a sewer.

3.    Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.

4.    Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Streets, sidewalks and other public property disturbed in the course of installation of a building sewer shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to this Borough.

5.    If any person shall fail or refuse, upon receipt of a notice of this Borough, in writing, to remedy any unsatisfactory condition with respect to a building sewer, within 45 days of receipt of such notice, this Borough 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 this Borough.

6.    This Borough reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with a sewer and the sewer system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this Article.

(Ord. 1990-8, 10/25/1990, §4; as amended by Ord. 2018-2, 8/27/2018, §11)

§11-105 Enforcement.

Any person, firm or corporation who shall violate any provision of this Article, upon conviction thereof, shall be sentence to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Article continues or each Section of this Article which shall be found to have been violated shall constitute a separate offense.

(Ord. 1990-8, 10/25/1990, §5; as amended by Ord. 2009-1, 7/13/2009)

§11-106 Declaration of Purposes.

It is declared that enactment of this Article is necessary for the protection, benefit, and preservation of the health, safety and welfare of the inhabitants of this Borough.

(Ord. 1990-8, 10/25/1990, §7)

B.    (Reserved)

Chapter 11, Article 1, Part B is repealed in its entirety.

C.    Sewer Rates and Charges

§11-121 Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this Part and Part D shall be as follows:

Borough – the Borough of Cornwall, Lebanon County, Pennsylvania, a Pennsylvania municipality acting by and through its Council or, in appropriate cases, acting by and through its authorized representatives.

Dwelling unit – any room, group of rooms, house trailer or other enclosure occupied or intended for occupancy as separate living quarters by 1 family or other group of persons living together or by a person living alone, upon an improved property.

EDU – an equivalent dwelling unit; the amount of sanitary sewage discharged into the sewer system by an average dwelling in a day which is estimated to be 220 gallons per day as established by the City of Lebanon Authority. Nonresidential establishments shall be assigned a number of EDUs based upon the estimated or actual sanitary sewage discharged, and each 220 gallons per day of sanitary sewage discharged or estimated to be discharged, together with the factor for inflow and infiltration, shall be considered 1 EDU, with such sanitary sewage discharge being calculated using the consecutive 90-day period with the highest discharge.

Garbage – solid wastes resulting from preparation, cooking and dispensing of food and from handling, storage and sale of produce.

Improved property – any property upon which there is erected a structure or structures intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure or structures sanitary sewage and/or industrial wastes shall be or may be discharged.

Nonresidential establishment – any improved property which does not constitute a dwelling unit. Without limiting the foregoing, nonresidential establishments shall include commercial facilities, industrial facilities, institutions, hotels, motels, museums, schools, and churches.

Owner – any person vested with ownership, legal or equitable, sole or partial, of any improved property.

Person – any individual, firm, partnership, company, association, society, corporation, limited liability company, or other group or legal entity.

Sanitary sewage – normal water-carried household and toilet wastes, including such ground, surface or storm water as may be present.

Sewer – any pipe or conduit constituting a part of the sewer system which shall be used or usable for collection of sanitary sewage and industrial wastes.

Sewer system – all facilities, as of any particular time, for collecting, pumping, transporting, treating and disposing of sanitary sewage and industrial wastes, acquired, constructed, owned and operated by the Borough.

(Ord. 2018-2, 8/27/2018, §1)

§11-122 Sewer Rates and Other Charges.

Sewer rates and other charges established under §11-123 are imposed upon and shall be collected from the owner of each improved property which shall be connected or which is required to be connected with the sewer system, whichever first occurs, and upon owners of each EDU not connected nor required to be connected to said sewer system, whether the benefit resulting from such connection shall be direct or indirect, and regardless whether sewer service is actually utilized, which sewer rates and other charges shall commence and shall be effective for sewer service available to use on and after the date of connection to the sewer system, or the date when connection was required to be made by the Borough, or in the case of owners of EDUs not connected nor required to be connected to the sewer system, on or after the date of purchase of the EDUs, whichever first occurs, and shall be payable as provided in this Part.

(Ord. 2018-2, 8/27/2018, §1)

§11-123 Computation of Sewer Rates and Other Charges.

1.    Except as additionally provided in subsections .2 through .4 of this Section or as otherwise provided, sewer rates and other charges for the use and benefit of the sewer system from any improved property constituting a dwelling unit or units, or a nonresidential establishment where volume of water usage shall be metered by the Borough, shall, as to treatment costs, be based upon a minimum operating and maintenance charge plus volume of water usage, adjusted, if appropriate, as provided herein and calculated per quarter annum as set forth in Appendix A of this Part.

2.    Additionally, all owners of EDUs whether connected or unconnected to the sewer system shall pay a quarterly flat rate debt service charge per EDU as set forth in Appendix A of this Part which amount shall be in addition to the charges for treatment, operations and maintenance imposed under subsection .1 of this Section.

3.    Additionally, all owners of EDUs whether connected or unconnected to the sewer system shall pay a quarterly base charge per EDU for a portion of the fixed costs for the operations and maintenance as set forth in Appendix A of this Part which amount shall be in addition to the charges for treatment, operations, maintenance and debt service imposed under subsections .1 and .2 of this Section.

4.    Additionally, all owners of EDUs whether connected or unconnected to the sewer system shall pay a quarterly capital improvement charge per EDU as set forth in Appendix A of this Part which amount shall be in addition to the charges for treatment, operations, maintenance, debt service and base charge imposed under subsections .1, .2 and .3 of this Section.

5.    Notwithstanding provisions of subsections .1 through .4 of this Section, in the event the owner of any improved property constituting a nonresidential establishment and the Borough shall agree, in writing, that the method set forth in subsections .1 through .4 of this Section of computing sewer rates and other charges for sanitary sewage discharged into the sewer system from such improved property constituting a nonresidential establishment shall be impracticable because such nonresidential establishment shall not be metered or because of the difficulty of satisfactorily determining volume of water usage, or volume of water usage as adjusted, or actual metered volume of discharge, as provided for or permitted in this Part, the sewer rates and other charges for sanitary sewer discharged into the sewer system shall be computed in a manner as determined by the Borough. Nothing in this subsection shall prohibit the owner of an improved property constituting a nonresidential establishment, at any subsequent time, from complying with applicable provisions of this Part so that subsequent sewer rates and other charges can be computed by the Borough in accordance with subsections .1 through .4 of this Section.

6.    Nothing herein shall be deemed to amend, alter or change the existing rules and regulations governing the use of the sewer system of this Borough, which shall remain in full force and effect.

(Ord. 2018-2, 8/27/2018, §1)

§11-124 Adjustment of Meter Readings.

In the event the Borough, at any time or for any reason, shall read the water meter of any dwelling unit or nonresidential establishment on a monthly basis, the meter readings for the appropriate 3 months shall be consolidated and treated as 1 total for purposes of computing sewer rates and other charges under this Part, as appropriate.

(Ord. 2018-2, 8/27/2018, §1)

§11-125 Time and Method of Payment.

1.    Sewer rates and other charges imposed by this Part shall be payable on the dates and shall cover the periods as follows:

A.    For the owner of an improved property whose bill, under provisions of this Part, shall be computed, in whole or in part, upon the basis of volume of water usage metered by the Borough, the billing date shall be the same date and shall cover the same period as shall be applicable to the water billing of the Borough.

B.    For the owner of an improved property whose bill, under provisions of this Part, shall be computed independent of water volume usage metered by the Borough, the billing dates shall be July 1, October 1, January 1 and April 1 of each calendar year and shall cover a quarter annum billing period consisting of the immediately preceding 3 complete calendar months.

The provisions set forth above in this subsection .1 notwithstanding, the owner of an improved property and the Borough may agree, from time to time, upon such other billing dates and periods as may be appropriate or desirable; provided, however, that billings shall be rendered for periods not less frequent than quarter annum periods.

2.    All bills for sewer rates and other charges shall be payable upon the date thereof and the appropriate amount, computed in accordance with this Part, shall constitute the net bill. If sewer rates and other charges shall not be paid within 30 calendar days after the applicable date upon which such shall be payable, an additional sum of 5 percent per quarter shall be added to such net bill, which net bill, plus such additional sum, shall constitute the gross bill, which gross bill shall be then due and payable. Payment made or mailed and postmarked on or before the last day of the applicable 30-calendar-day period shall constitute payment within such period. If the end of such 30-calendar-day period shall fall on a legal holiday or a Sunday, payment which shall be made on or mailed and postmarked on the next succeeding weekday which is not a legal holiday shall constitute payment within such period. If a bill for sewer service or other charges shall be delinquent for a period of 45 days or more, water service may be discontinued by the Borough upon prior written notice.

In the event sewer rates and other charges imposed under provisions of this Part shall become applicable to any improved property constituting a dwelling unit or nonresidential establishment during a billing period, as set forth in subsection .1 of this Section, or in the event service to any improved property constituting a dwelling unit or nonresidential establishment shall begin after the first day or shall terminate before the last day of any billing period, as set forth in subsection .1 of this section, sewer rates and other charges for such billing period not based upon volume of water usage shall be prorated equitably, as appropriate, for the applicable portion of the billing period.

3.    Every owner of an improved property which is connected to the sewer system initially shall provide the Borough with and thereafter shall keep the Borough advised of his correct address. Failure of any person to receive appropriate bills for sewer rates and other charges shall not be considered an excuse for nonpayment nor shall such failure result in an extension of the period of time during which the net bill shall be payable.

(Ord. 2018-2, 8/27/2018, §1)

§11-126 Liens for Sewer Rates and Other Charges; Filing and Collection of Liens.

1.    Sewer rates and other charges imposed by this Part shall be a lien on the improved property connected to or required to be connected to and able to be served by the sewer system; and such sewer rates and other charges which shall be delinquent shall be filed as a lien against the improved property so connected to or required to be connected to and able to be served by the sewer system, which lien shall be filed and shall be collected in the manner provided by law for collection of municipal claims.

2.    In the event that the Borough institutes any actions to collect delinquent sewer rates and charges, the owner shall be responsible for all costs arising out of any collection action, including but not limited to costs of certified mail and costs of service of process.

(Ord. 2018-2, 8/27/2018, §1)

§11-127 Access.

The Borough shall have the right of access at reasonable times to any part of any improved property served by the sewer system as shall be required for purposes of inspection, measurement, sampling and testing and for performance of other functions relating to service rendered by the Borough through the sewer system.

(Ord. 2018-2, 8/27/2018, §1)

§11-128 Responsibility of Owners of Improved Property.

The owner of each improved property connected to the sewer system shall be responsible for all acts of tenants or other occupants of such improved property insofar as such acts shall be governed by provisions of this Part.

(Ord. 2018-2, 8/27/2018, §1)

§11-129 Additions to and Changes of Sewer Rates and Other Charges; Additional Rules and Regulations.

1.    Notwithstanding any provisions of this Part to the contrary, all wastes discharged to the sewer system shall conform to the rules and regulations of the City of Lebanon Authority governing the quantity and quality of wastes discharged to the sewer system of the City of Lebanon Authority.

2.    The Borough reserves the right to adopt and promulgate, from time to time, additional classifications and sewer rates and other charges therefor, or modifications of the schedule of sewer rates and other charges as set forth in this Part, which additional classifications and sewer rates and other charges, or modifications, as the case may be, shall be construed as a part of this Part.

3.    The Borough reserves the right to adopt and promulgate, from time to time, such additional rules and regulations as it shall deem necessary and proper for the use and operation of the sewer system, which rules and regulations shall be construed as a part of this Part.

4.    Any owner of an improved property who is discharging industrial wastes into the sewer system and who contemplates a change in the method of operation which will alter the type of industrial wastes at the time being discharged into the sewer system shall notify the Borough, in writing, at least 10 days prior to consummation of such change.

(Ord. 2018-2, 8/27/2018, §1)

§11-130 Payment and Disposition of Sewer Rates and Other Charges.

All sewer rates and other charges shall be payable to the Treasurer of this Borough or to such other officer or representative of this Borough as shall be authorized, from time to time, by resolution of this Borough, to accept payment thereof. The Treasurer or such other duly authorized officer or representative of this Borough shall pay over to a depository designated by the Borough by resolution all sewer rates and other charges received within 7 days of receipt thereof, together with a statement showing the total amount collected. Until so paid over, the Treasurer or other duly authorized officer or representative of this Borough shall segregate all such sewer rates and other charges so collected in an account separate and distinct from all other funds of this Borough and shall hold the same in trust for purposes set forth in aforesaid Part.

(Ord. 2018-2, 8/27/2018, §1)

§11-131 Violations and Penalties.

Any person who or which shall violate or assist or permit any other person to violate any of the provisions of this Part shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than $100 nor more than $1,000, plus costs, including the Borough’s reasonable attorneys’ fees incurred in the enforcement proceeding. Each day that a violation continues shall constitute a separate violation. Each section of this Part violated shall constitute a separate violation.

(Ord. 2018-2, 8/27/2018, §1)

APPENDIX A

The below rates are effective for all consumption for bills on or after April 1, 2023.

SCHEDULE A

Operation and Maintenance Charge per 1,000 Gallons of Water Consumed during the Quarter Annum for Which the Billing Is Rendered:	$ 2.89
In accordance with §11-123.1
Treatment Charge for 1,000 Gallons of Water Treated during the Quarter Annum for Which Billing Is Rendered:	$ 7.87
In accordance with §11-123.1
Debt Service per EDU:	$ 0.00
In accordance with §11-123.2
Base Charge per EDU:	$ 12.00
In accordance with §11-123.3
Capital Improvement Charge per EDU:	$ 10.00
In accordance with §11-123.4

Sewer Schedule B is hereby established, setting forth special charges for the sewer system.

SCHEDULE B – SPECIAL CHARGES 

Change of Ownership Fee	$ 12.50
Leak Investigation/Sewer Credit Charge (for consumption greater than 10,000 gal.)	$ 100.00
Inspection Fee for New Main Construction	$2.00/LF (minimum $ 1,000)

(These rates and charges may be amended from time to time by Resolution of the Cornwall Borough Council.)

(Ord. 2018-2, 8/27/2018, §2 (Exh. A); as amended by Ord. 2023-1, 2/13/2023)

D.    Tapping and Connection Fees

§11-141 Permit Required.

No person hereafter shall connect any improved property with any part of the sewer system, without first making application for and securing a permit, in writing, from the Borough. Such application shall be made on a form to be provided by the Borough and shall not be considered complete without payment of the required permit application fee of $25.

(Ord. 2018-2, 8/27/2018, §1)

§11-142 Connection Fee.

This Borough hereby does charge a connection fee against each owner of improved property hereafter connected or required to be connected to the sewer system in the amount of $1,000 or the actual costs of connection incurred by the Borough, whichever is greater, except in those cases where the owner constructs and dedicates to the Borough the facilities extending from the Borough’s sewer main to the property line or curb stop of the improved property so connected or required to be so connected. Said connection fee shall be due and payable at the time application is made for a permit to connect such improved property or, when applicable, at the time when said improved property is required by law to be connected, whichever is earlier.

(Ord. 2018-2, 8/27/2018, §1)

§11-143 Tapping Fee for Capacity.

This Borough hereby does charge a tapping fee for the capacity related portion of the sewer system against each owner of improved property hereafter connected or hereafter required to be connected to the sewer system in the amount charged by the City of Lebanon Authority for capacity at the City of Lebanon Authority’s Wastewater Treatment Plant (currently $2,090 per EDU). Said tapping fee shall be due and payable at the time application is made for the permit to connect such improved property or, when applicable, at the time said improved property is required by law to be connected, whichever is earlier.

(Ord. 2018-2, 8/27/2018, §1)

§11-144 Tapping Fee for Collection and Conveyance.

The Borough hereby does charge a tapping fee for the collection and conveyance part of the sewer system against each owner of improved property hereafter connected or hereafter required to be connected to the sewer system or who hereafter expands the use of the sewer system in the amount of $4,900 per EDU. Said tapping fee shall be due and payable at the time application is made to the Borough to make any such connection to the sewer system; or at the time application is made to the Borough for a construction, building or zoning permit; or on the date when the Borough shall connect any such improved property to the sewer system at the cost and expense of the owner when the owner shall have failed to make such connection as required by the Borough pursuant to the provisions of any applicable connection ordinance; or whenever the Borough furnishes and/or installs a meter, remote reader, and other necessary metering facilities; or when the use of an improved property connected to the sewer system is expanded, whichever shall occur earliest.

(Ord. 2018-2, 8/27/2018, §1)

§11-145 Expansion of Use of Improved Property.

Should any owner of any improved property heretofore or hereinafter connected to the sewer system expand the use of said improved property, a tapping fee, calculated in the manner set forth herein, is hereby imposed upon the expanded use of such improved property. An expansion of the use of an improved property shall include, but not be limited to, the installation of an additional dwelling unit or units in an existing dwelling; the commencement of a home occupation which requires the use of the sewer system such as beauticians or barbers; the expansion in the number of tables in a restaurant; or the adding of a third work shift to an industrial processing operation. A change in wastewater discharge or water consumption by an improved property of more than 220 gallons per day on the basis of average daily wastewater discharged, or, if not separately metered, water consumption over the prior 12 months, shall be considered an expansion of the use of the sewer system regardless of whether the improved property has been enlarged or any new use has been instituted. The Borough may compare current wastewater discharge or water consumption with wastewater discharge or water consumption previously approved by means of the payment of tapping fees or the approval of a planning module for land development or with the last calendar year average daily wastewater discharge or water consumption based on water meter readings for the entire year to determine whether there has been a change in wastewater discharge or water consumption exceeding 220 gallons per day regardless of whether the improved property has been expanded or any new use has been instituted.

(Ord. 2018-2, 8/27/2018, §1)

§11-146 Aggregate Tapping Fee.

The aggregate tapping fee imposed under §§11-143 and 11-144 is $6,990 or $4,900 plus whatever capacity tapping fee is charged by the City of Lebanon Authority (currently $2,090 per EDU), whichever is higher.

(Ord. 2018-2, 8/27/2018, §1)

§11-147 Fees Applicable to Each Improved Property.

Each fee charged pursuant to this Part is charged for each improved property which is connected or which is required to be connected to the sewer system.

(Ord. 2018-2, 8/27/2018, §1)

§11-148 Payment of Fees.

1.    All fees charged by this Borough pursuant to this Part shall be payable to the Treasurer of this Borough or to such other officer or representative of the Borough as shall be authorized, from time to time, by resolution of the Borough, to accept payment thereof.

2.    Payment of all fees charged by this Borough pursuant to this Part shall be enforced by this Borough as permitted by laws at the time in effect.

3.    Tapping fees which are not paid in full when due shall bear interest at the rate of 12 percent per annum or at the rate of any outstanding debt incurred by the Borough, whichever is greater. The Borough may commence actions to collect fees which are due and payable under this Part and/or may file a municipal claim for the unpaid fees, plus costs of collection including the reasonable attorneys’ fees incurred by the Borough, against the property. Any violations of this Part may be abated by proceeding against the violator in a court of equity for relief.

(Ord. 2018-2, 8/27/2018, §1)

§11-149 Violations and Penalties.

Any person who or which shall violate or assist or permit any other person to violate any of the provisions of this Part shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than $100 nor more than $1,000, plus costs, including the Borough’s reasonable attorneys’ fees incurred in the enforcement proceeding. Each day that a violation continues shall constitute a separate violation. Each section of this Part violated shall constitute a separate violation.

(Ord. 2018-2, 8/27/2018, §1)

§11-150 Report of Calculation of Tapping Fees.

In accordance with the requirements of Section 2053 of the Borough Code, 8 Pa. C.S. §2053, incorporating requirements of the Municipality Authorities Act, attached to the ordinance codified in this Part and incorporated as Appendix A of this Part, Tapping and Connection Fees, is a report including a sewer system tapping fee Work Sheet and Connection Fee Calculation dated June 2018.

(Ord. 2018-2, 8/27/2018, §1)

Appendix A

Sewer Schedule C is hereby established, setting forth tapping fees for the sewer system.

SCHEDULE C – SEWER TAPPING FEES
SEWER TAPPING FEES COSTS PER EDU

Description	Tapping Fee – Capacity Part CoLA	Tapping Fee – Collection Part	Lateral Connection Fee	Total
Charge per EDU	$2,090	$4,900	$1,000	$7,990

Notes:

1.    One equivalent dwelling unit (EDU) equals 220 gallons/day water usage.

2.    “Lateral connection fee” may not apply, in those cases where the owner constructs and dedicates to the Borough the facilities connecting the service lateral to the sewer system.

(These rates and charges may be amended from time to time by Resolution of the Cornwall Borough Council.)

(Ord. 2018-2, 8/27/2018, §3 (Exh. B))

E.    On-Lot and Community Sewage Disposal Systems

§11-151 Title.

This Part shall be known and may be cited as the “Cornwall Borough On-Lot and Community Sewage System Ordinance.”

(Ord. 2020-1, 3/9/2020, §2)

§11-152 Legislative Intent.

1.    Borough Council recognizes that individual on-lot sewage disposal systems constitute a valid and approved manner of conserving the quality of the water and other natural resources of the Borough through proper treatment of wastes generated by development within portions of the Borough not served by the public sewer system. The use of individual on-lot sewage systems must be regulated in accordance with the regulations promulgated by the Department of Environmental Protection which pertain to the location and permitted types of on-lot sewage disposal systems. In addition, the Borough has determined that, should the on-lot sewage disposal system installed by a landowner fail, the water quality and other natural resources of the Borough may be polluted. It is especially of concern to Borough Council that such pollution may occur when a system fails and there is no suitable area on the lot for the installation of a replacement system. Therefore, in order to protect the water quality and other natural resources of the Borough, thereby protecting the health and welfare of residents and visitors, Borough Council desires to require that all landowners proposing the development of a lot or the subdivision of a lot provide and set aside areas for the installation of replacement individual on-lot sewage disposal systems.

2.    It is the further intent of Borough Council to insure that on-lot sewage disposal systems are properly maintained. Failure to maintain on-lot sewage disposal systems results in malfunctions which in turn result in the pollution of the water quality and other natural resources of the Borough. On-lot sewage disposal systems should be pumped out on a regular basis, and it is the responsibility of all landowners to insure such maintenance is performed.

3.    Borough Council also desires to provide for the proper maintenance of the community systems which may be installed in the Borough in the future. Proper maintenance of community sewage systems is essential to preserve and protect the health and welfare of Borough residents and to preserve and protect the environment.

4.    The purpose of this Part is to provide for the inspection, maintenance and rehabilitation of on-lot sewage disposal systems; to further permit the Borough to intervene in situations which are public nuisances or hazards to the public health and to establish penalties and appeal procedures necessary for the proper administration of a sewage management program.

(Ord. 2020-1, 3/9/2020, §2)

§11-153 Adoption of Standards by Reference.

A certain document, 3 copies of which have been and are presently on file in the office of the Secretary of the Borough of Cornwall, being marked and designated as Chapters 71, 72, and 73 of Title 25 of the Pennsylvania Code, being promulgated by the Department of Environmental Protection of the Commonwealth of Pennsylvania, be and are hereby adopted as the sewage permit application and installation procedure of the Borough and each and all of the regulations contained in the said Chapters are hereby adopted by the Borough except as modified by this Part. It is the intent of Borough Council to adopt all subsequent amendments and revisions to the said Chapters as permitted by law and in accordance with the provisions of 1 Pa. C.S. §1937(a). If such an intent is found invalid by a court of competent jurisdiction, it is the intent of Borough Council to adopt the said Chapters as they existed on the effective date of this Part.

(Ord. 2020-1, 3/9/2020, §2)

§11-154 Word Usage and Definitions.

1.    Word Usage. In the interpretation of this Part, the singular shall include the plural, and the masculine shall include the feminine and the neuter.

2.    Definitions. All words and phrases not otherwise defined herein shall have the meaning provided in §2 of the Act, 35 P.S. §750.2, §71.1 of the Department’s Regulations, 25 Pa. Code §71.1, or §73.1 of the Department’s Regulations, 25 Pa. Code §73.1, or the Pennsylvania Municipalities Planning Code, 53 P.S. §10101 et seq.

Act – the Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. §750.1 et seq.

Authorized agent – a licensed sewage enforcement officer, professional engineer or sanitarian, plumbing inspector, soil scientist, zoning officer, building code official, Sewage Management Program Coordinator, or any other qualified or licensed person who is delegated to function within the specified limits as the agent of Borough Council to carry out the provisions of this or any other ordinance of the Borough.

Borough – the Borough of Cornwall, Lebanon County, Pennsylvania.

Borough Council – the governing body of the Borough.

Community sewage system – any system, whether publicly or privately owned, for the collection of sewage or industrial wastes of a liquid nature from 2 or more lots or dwelling units, and the treatment and/or disposal of the sewage or industrial waste on 1 or more of the lots or at any other site and which shall comply with all applicable regulations of the Department. Notwithstanding the foregoing, the sewage collection, transmission and treatment systems of the public sewer service providers shall not be considered community sewage systems for the purposes of this Part.

Department – the Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor agency.

Developer – any person who files a planning module for land development with the Borough; or who files an application for approval of a subdivision or land development plan proposing the subdivision or development of land within the Borough; or who makes application for a permit; or who makes an application for a zoning permit under the Borough Zoning Ordinance (Chapter 14); or who installs, repairs, modifies, or alters an OLDS or community sewage system serving properties within this Borough other than a governmental entity.

Individual on-lot sewage disposal system (OLDS) – any system of piping, tanks, or other facilities serving on a single lot and collecting and disposing of sewage in whole or in part into the soil and any waters of the Commonwealth of Pennsylvania and which is located upon the lot which it serves. The term also includes an OLDS which meets the definition of “nonstandard system.”

Land development – a land development as defined in the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. §10101 et seq.

Lot – a parcel of land used or intended to be used as a building site or a separate parcel to be created as a result of approval of a subdivision or land development application or a condominium or planned community unit. The term “lot” shall include parcels equal to or greater than 10 acres in size where the lot may be occupied by 1 or more persons or families.

Malfunction – the condition which occurs when an OLDS or community sewage disposal discharges sewage onto the surface of the ground, into groundwaters of the Commonwealth, into surface waters of the Commonwealth, backs up into the building connected to the OLDS or community sewage disposal system or otherwise causes a nuisance hazard to the public health or pollution of ground or surface water or contamination of public or private drinking water wells. An OLDS or community sewage disposal system shall be considered to be malfunctioning if any of the conditions set forth in this paragraph occur for any length of time during any period of the year.

Nonstandard system – an OLDS which has any equipment which is not commonly found on OLDS within Lebanon County or an OLDS which has been modified to address groundwater contamination or other environmental issues or any OLDS which requires additional approvals from the Department or a modification or amendment to the Borough’s Official Plan.

Official Plan – a comprehensive plan for the provision of adequate sewage disposal systems adopted by the Borough and approved by the Department in accordance with the Act and with applicable Department regulations.

OLDS – an individual on-lot sewage disposal system.

Owner – any person vested with ownership, legal or equitable, sole or partial, of any property located in the Borough.

Permit – a permit issued by the Sewage Enforcement Officer after the performance of tests to determine suitability to authorize the initial installation of an OLDS or the repair, replacement or enlargement of an existing OLDS.

Person – any individual, association, partnership, public or private corporation whether for profit or not-for-profit, trust, estate, or other legally recognized entity. Whenever the term “person” is used in connection with any clause providing for the imposition of a fine or penalty or the ordering of the action to comply with the terms of this Part, the term “person” shall include the members of an association, partnership or firm and the officers of any public or private corporation, whether for profit or not-for-profit.

Planning Commission – the Borough Planning Commission.

Planning module for land development – a revision to the Borough Official Plan submitted in connection with the request for approval of a subdivision or land development in accordance with Department regulations.

Public sewer service provider – any political subdivision or municipal authority which provides or may in the future provide public sewer service within the Borough.

Rehabilitation – work done to modify, alter, repair, enlarge or replace an existing OLDS.

Replacement location – a location designated as the future location of an OLDS that shall be installed should the OLDS installed or to be installed fail or otherwise become inoperable and which shall meet all the regulations of the Department and all applicable Borough ordinances for an OLDS.

Septage – the residual scum and sludge pumped from septic systems.

Septage hauler – any person licensed by the Department or other governmental agency to remove septage or other solids from treatment tanks of OLDS or community sewage disposal systems, holding tanks, privies, aerobic tanks, cesspools, or any other sewage disposal facility within the Borough.

Sewage – any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious substances being harmful or inimical to the public health or to animals or aquatic life or to the use of water for domestic water supply or for recreation or which constitutes pollution under the Clean Streams Law.

Sewage Enforcement Officer – the Sewage Enforcement Officer of the Borough.

Sewage management program – a program authorized by the Borough for the administration, management and regulation of the disposal of sewage.

Sewage Management Program Coordinator – a person delegated by the Borough with the administrative responsibility to implement the sewage management program and authority to enforce the ordinance provisions associated therewith.

Sewage management report – a form, provided by the Sewage Management Program Coordinator, which shall be used by all registered septage haulers to report each pumping of OLDS in the Borough.

Single and separate ownership – the ownership of a lot by 1 or more persons which ownership is separate and distinct from that of any abutting or adjoining lot.

Subdivision – a subdivision as defined by the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 52 P.S. §10101 et seq.

The Clean Streams Law – Act of June 22, 1937, P.L. 1987, No. 394, as amended, 35 P.S. §691.1 et seq.

(Ord. 2020-1, 3/9/2020, §2)

§11-155 Procedure for Review of Planning Modules for Land Development and Subdivision/Land Development Plans.

In order to insure compliance with the Official Plan, all developers who request approval of planning modules for land development or who request the review of subdivision plans, and land development plans providing for sewage disposal proposing sewage disposal by means of OLDS or community sewage systems shall submit the following information to the Borough for review in accordance with the following requirements:

1.    The developer shall submit the information required by this Section to the Borough with the planning module for land development or with the preliminary subdivision or land development plan, whichever the developer first submits to the Borough.

2.    It is the responsibility of the developer to submit the information to all other reviewing agencies including, but not limited to, the Lebanon County Planning Department, in accordance with the Department’s regulations. It is the responsibility of the developer to pay for the publication of any legal advertisement which may be required by the Department’s regulations. Failure of the developer to pay the costs of legal advertisement within 15 days after receipt of a copy of the newspaper’s invoice shall render the submission incomplete.

3.    The developer shall submit a written report detailing the planning and decision-making steps used in the selection of the method of sewage disposal.

(Ord. 2020-1, 3/9/2020, §2)

§11-156 Sewage Testing and Hydrogeologic Studies Required for All Proposed Lots.

1.    After the effective date of this Part, no requests for approvals of planning modules for land development and no revisions or supplements to the Official Plan shall be granted and no subdivision or land development plan shall be approved unless the applicant presents to Borough Council evidence that each lot or lot to be created contains a suitable location for the installation of an initial OLDS except when such lots or lots to be created are to be served by a public sewer system. All tests required by the Department and this Part for the location of an OLDS to confirm the suitability of the location shall be performed as approved by the Department.

2.    After the effective date of this Part, all planning modules for land development except planning modules for land development which propose sewer service by means of a public sewer service provider sewer system shall be accompanied by hydrogeologic tests performed in accordance with all applicable Department regulations. Borough Council shall not approve any planning module for land development which does not contain hydrogeologic studies which demonstrate that the proposed sewage disposal facilities will not adversely affect the groundwater or that measures will be utilized, such as dispersion plume easements, which will address the impacts of the proposed sewage disposal facilities.

3.    Well test results submitted with planning modules will be compared with the Official Plan well test data. If the results vary from the Official Plan well test data, the Borough may require additional testing to verify any discrepancies.

(Ord. 2020-1, 3/9/2020, §2)

§11-157 Replacement Location for On-Lot Sewage Disposal Systems Required.

After the effective date of this Part, a replacement location for an OLDS shall be required for all lots or lots to be created which are not serviced or to be serviced by a community sewage system operated by a public sewer service provider or for which a valid permit for an OLDS has not been issued. The replacement location shall comply with the Act and with all regulations issued by the Department as incorporated into this Part concerning OLDS, including isolation distances, and with the terms of this Part and any other applicable Borough ordinances.

(Ord. 2020-1, 3/9/2020, §2)

§11-158 Identification of Replacement Location.

1.    Each person who shall apply for a permit under the Borough Zoning Ordinance (Chapter 14) or for a permit for an OLDS (other than a permit for a repair to or modification of an existing OLDS) or who shall request approval of a planning module for land development or the adoption of a revision or supplement to the Official Plan or who shall file an application for subdivision or land development approval which proposes sewage disposal by means of OLDS shall demonstrate to the satisfaction of the Sewage Enforcement Officer that a suitable area exists on the lot or on each lot to be created for an initial OLDS and for the replacement location. All tests required by the Department and this Part for the location of an OLDS to confirm the suitability of the replacement location shall be performed as approved by the Department. Allowance of open land for the replacement location without testing performed or observed by the Sewage Enforcement Officer shall not constitute compliance with the requirements of this Section.

2     The developer shall identify the location of the initial OLDS and the replacement location as confirmed by the Sewage Enforcement Officer on the plot plans and diagrams submitted as a part of the subdivision or land development plan and as part of the permit application.

3.    If the application has been submitted as a part of an application for approval or review of a planning module for land development, the developer shall identify the location of each OLDS and each replacement location upon the plans. If the application is for subdivision or land development approval, the developer shall include a note on the plans stating that no improvements shall be constructed upon the replacement location, and the deed to each lot created as a part of the subdivision or land development shall contain language reflecting this limitation.

4.    Any revisions to a permit affecting a replacement location which previously has been issued pursuant to the provisions of this Part shall be approved by Borough Council or its authorized representative. Any revisions to a subdivision or land development plan affecting a replacement location which has been previously approved pursuant to the provisions of this Part shall be approved by the entity with power to approve subdivision and land development plans in the Borough.

(Ord. 2020-1, 3/9/2020, §2)

§11-159 Construction of Improvements upon Replacement Location Prohibited.

No person shall construct or install any permanent or temporary improvements of any character other than the planting of trees, shrubs, or other plant matter upon the replacement location unless the person who desires to construct such improvements shall demonstrate to the satisfaction of the Sewage Enforcement Officer that an alternate replacement location which complies with all applicable regulations of the Department, this Part and all other applicable Borough ordinances exists upon the lot. If such an alternate replacement location shall be identified, the alternate replacement location may be considered to be the replacement location required by this Part and shall be designated as the replacement location. The newly designated replacement location shall thereafter be considered the replacement location for the purposes of this Part.

(Ord. 2020-1, 3/9/2020, §2)

§11-160 Relief from Requirement of Designation of Replacement Location.

If any lot held in single and separate ownership as of the effective date of this Part shall not contain land suitable for a replacement location, the applicant for a permit under the Borough Zoning Ordinance (Chapter 14) or an installation permit for an OLDS may request that the Borough Council grant an exception to the requirement of providing a replacement location. Applicants for relief under this Section shalt submit a written application setting forth the information required by this Section and shall include the application fee established by resolution or ordinance of Borough Council. The applicant for such an exception shall present credible evidence to Borough Council demonstrating (1) that the lot was held in single and separate ownership on the effective date of this Part; (2) the size of the lot; (3) inability of the applicant to acquire adjacent land or the unsuitability of adjacent land which might be able to be acquired; and (4) the testing conducted to determine that the lot is not suitable to provide a replacement location. At all times the burden to present credible evidence and the burden of persuasion shall be upon the applicant for an exception from the terms of this Part.

(Ord. 2020-1, 3/9/2020, §2)

§11-161 Permit Required for All Lots.

The landowner and any contractor performing work upon an OLDS shall obtain a permit from the Sewage Enforcement Officer in accordance with the Act, the regulations of the Department, and this Part prior to the installation, alteration, modification, repair or replacement of any OLDS. This requirement shall apply to all lots within the Borough regardless of the size of the lot and regardless of the familial relationship of the person seeking to install the OLDS to the property owner. The Sewage Enforcement Officer shall not issue a permit for an OLDS until a suitable replacement location has been established or until the applicant presents the Sewage Enforcement Officer with a written determination by Borough Council granting relief from the designation of a replacement location in accordance with §11-160 of this Part or unless such permit is requested to repair a malfunction of an existing OLDS.

(Ord. 2020-1, 3/9/2020, §2)

§11-162 Planning Policies and Methodology.

All developers within the Borough shall design sewage disposal systems in accordance with the planning policies and methodology set forth in this Section. The developer shall include a narrative with any planning submission which shall demonstrate the procedure used by the developer in determining the sewage disposal facilities proposed for the development. If the developer is not required to submit a planning submission, the developer shall present information sufficient to demonstrate compliance with this Section with his or her application to the Sewage Enforcement Officer for a permit to install, repair, alter or modify an OLDS.

1.    The Borough encourages use of OLDS wherever feasible and economical outside of the present and future public sewer service area as defined by the Official Plan of the Borough. Developers shall use, outside of the public sewer service area, planning policies which foster the nonsewer approach and the conservation of groundwater resources. At a minimum, the developer shall address the following Borough policies:

A.    Establish OLDS and community sewage disposal system ownership and maintenance responsibilities with the individual lot owner, a homeowners’ association, condominium unit owners’ association or the developer.

B.    Provide water conservation and waste flow reduction by the use of water-saving devices and other state of the art water conservation methods for all new construction and the replacement of any components of existing structures.

C.    Recycle wastewater by relying upon OLDS for groundwater recharge via subsurface disposal of treated wastewater.

D.    Restrict subsurface community sewage disposal systems to resolution of sewage related problems of existing structures.

2.    The methodology for selecting and evaluating specific OLDS shall be a progressive multi-step process. The developer may consider and evaluate a community sewage system outside of the public sewered areas established by the Official Plan only when individual OLDS are not feasible.

A.    Evaluate Individual OLDS. The approved individual wastewater treatment systems within the Borough are septic tanks, aerobic treatment units, spray irrigation systems and, if no other method is feasible, individual stream discharge systems. These treatment methods may be used with the various effluent treatment and disposal methods outlined below:

(1)    Conventional Subsurface Absorption System. If a site is suitable in accordance with Department regulations for conventional sewage disposal systems such as a septic or aerobic tank with an absorption area (standard trench, seepage bed, subsurface sand filter or elevated sand mounds), the appropriate combination of wastewater treatment and effluent disposal system shall be selected as the most cost-effective OLDS.

(2)    Conventional Spray Irrigation. If a site is suitable in accordance with Department regulations for a conventional spray irrigation system, and if the site is not suitable for a conventional subsurface absorption system, the appropriate combination of wastewater treatment and effluent disposal system shall be selected.

(3)    Alternate Systems. The developer shall evaluate alternate systems if there are inadequate soils or other concerns on the site that prevent the use of conventional septic systems. These systems shall use technology that has been proven successful. The design of the alternate system shall be approved in accordance with the regulations of the Department and the Act.

(4)    Stream Discharge System. If a site is suitable in accordance with Department regulations for a conventional individual stream discharge system, and if the site is not suitable for a conventional subsurface absorption system or any other Department approved method, the appropriate combination of wastewater treatment and effluent disposal system shall be selected.

(5)    Experimental Systems. The Borough does not encourage experimental systems. A developer may propose the use of an experimental system only in areas where other alternatives are not available. The developer shall submit all documentation required for approval of the experimental system in accordance with the regulations of the Department and the Act. Testing, monitoring and permitting of these systems shall comply with the requirements of the Department.

B.    Replacement Location. The developer shall provide a replacement location for each OLDS set forth above unless such OLDS is being installed to address an existing malfunction and no replacement location is available or unless the developer obtains a waiver from the requirement to provide a replacement location in accordance with the provisions of this Part.

C.    Examine Combined Individual and Community Systems. As a remedial action, a developer may propose the linking of existing, malfunctioning OLDS to a new development to solve the malfunctioning condition.

D.    Examine Community Sewage Systems. The developer may evaluate community sewage systems only if it is not feasible to provide for sewage disposal through OLDS. The developer shall provide on-site or off-site wastewater treatment. The developer shall review each collection alternative and shall select an effluent disposal method from the various alternatives. Community sewage systems shall be utilized only for correction of sewage related problems of existing OLDS or community sewage systems unless the community sewage system is operated by a governmental entity in accordance with the Borough Official Plan.

3.    The developer shall evaluate the construction cost, operation and maintenance costs, and environmental impacts of each method of sewage disposal and shall choose the most appropriate for maintenance of water quality. The developer shall present the evaluation to the Borough as part of its planning submission.

(Ord. 2020-1, 3/9/2020, §2)

§11-163 Permit Requirements and Procedures.

All landowners, developers and contractors who desire to install, repair, modify, rehabilitate, or alter an OLDS in the Borough shall obtain a permit from the Sewage Enforcement Officer prior to the commencement of such work. All landowners, developers and contractors who desire to repair, modify, rehabilitate, alter or replace any OLDS or component of an OLDS which is or may be malfunctioning shall obtain a permit from the Sewage Enforcement Officer prior to commencement of any work. All work performed under any permit shall comply with the following regulations:

1.    The holder of a permit and the contractor performing work under such permit shall notify the Sewage Enforcement Officer at least 3 working days before commencing installation, repair, modification, rehabilitation or alteration of the OLDS in order that 1 or more inspections in addition to the final inspection required by the Department may be scheduled and performed by the Sewage Enforcement Officer.

2.    Any OLDS permit providing for the installation or repair of a septic tank shall require that the septic tank contain septic solid retainers of the type as specified by the Department’s regulations. This is to obtain the highest quality effluent.

3.    If construction or installation of the OLDS and of any building or structure for which such OLDS is to be installed has not commenced within 3 years after the issuance of the permit for such OLDS, the permit shall expire. The landowner and/or contractor shall obtain a new permit prior to commencement of the installation, repair, modification, replacement or alteration of the OLDS.

4.    The holder of the permit and the contractor performing work under a permit to repair, modify, alter, rehabilitate or replace an OLDS which is malfunctioning or which may be malfunctioning shall notify the Sewage Enforcement Officer within 24 hours after completion of the work. The Sewage Enforcement Officer shall inspect the repaired, modified, altered or rehabilitated OLDS to insure compliance with the regulations and this Part.

5.    Any person who shall install new or rehabilitated systems shall provide a marker or markers at ground level locating the subsurface waste disposal tank, tank access, and other important components of the system requiring periodic inspection and maintenance. Requirements for marker types and locations will be determined by the Sewage Enforcement Officer. In addition, a riser or manhole extension shall be constructed to finished grade or to not more than 12 inches below grade when the location is identified by ground marker. If access is extended to grade, the access cover shall be airtight and shall be secured by bolts or locking mechanisms, or have sufficient weight to prevent unauthorized access in accordance with Department regulations.

(Ord. 2020-1, 3/9/2020, §2)

§11-164 Request for Permit Exemption Declaration.

Any person desiring to perform soil fracturing on any portion of an OLDS shall provide written notification to the Sewage Enforcement Officer at least 48 hours prior to commencement of such work. The Sewage Enforcement Officer shall review the information submitted to determine whether the proposed work is maintenance and exempt from permit requirements or is a repair, alteration, or modification which requires a permit pursuant to §11-163 of this Part. The Sewage Enforcement Officer shall notify the applicant within such 48-hour period if the applicant must obtain a permit.

(Ord. 2020-1, 3/9/2020, §2)

§11-165 Permit Requirements for Nonstandard OLDS.

All landowners, developers and contractors who desire to install a nonstandard OLDS, in addition to all requirements of §§11-161, 11-162 and 11-163 of this Part, shall also meet all of the following requirements:

1.    The record owner of the lot on which such nonstandard OLDS is to be installed and, if different, the applicant, shall enter into an agreement with the Borough, in recordable form, providing for the long-term maintenance of the system which grants the Borough the right to enter upon the property; to inspect such system not less than once each year and, in addition, whenever the Borough receives a complaint or otherwise has reason to believe that such system is not functioning properly; to maintain such system if the landowner fails to do so; and to recover the cost of any maintenance performed plus a penalty from the landowner. The agreement shall specifically authorize the Borough to file a municipal claim against the property to recover costs and fees and shall specifically state that its provisions are binding upon the landowner executing the agreement and upon all successive owners of the property until the system is removed and the property is connected to a public sewer service provider sewer system.

2.    If the Borough so requires, the applicant shall post financial security with the Borough to secure the future maintenance of the nonstandard OLDS and payment of costs of annual inspection of such system. The amount of the financial security shall be based upon the estimated cost to maintain the particular nonstandard system chosen by the applicant. The financial security shall be posted through an irrevocable letter of credit in a form acceptable to the Borough Solicitor or in a cash escrow which the Borough shall maintain in a non-interest-bearing account. The Borough shall not release such financial security until the Borough is provided with alternate financial security or until the system is removed and the properly is connected to a public sewer system owned and operated by a governmental entity.

3.    The applicant shall demonstrate to the Borough that the proposed nonstandard OLDS meets all applicable Department regulations and that the applicant has obtained all necessary approvals and permits.

4.    The applicant shall provide the Borough with a complete set of as-built plans for the nonstandard OLDS after its installation.

5.    The applicant shall reimburse the Borough for all costs incurred in the preparation of the agreement and its recording.

6.    The applicant shall pay all costs associated with the yearly inspection of the nonstandard OLDS.

(Ord. 2020-1, 3/9/2020, §2)

§11-166 Permit Requirements for Community Sewage Systems.

All landowners, developers and contractors who desire to install a community sewage system shall meet all of the following requirements:

1.    The record owner of the lot on which the community sewage system is to be installed and, if different, the applicant, shall enter into an agreement with the Borough, in recordable form, providing for the long-term maintenance of the community sewage system which grants the Borough the right to enter upon the property; to inspect such community sewage system not less than once each year and, in addition, whenever the Borough receives a complaint or otherwise has reason to believe that such community sewage system is not functioning properly; to maintain such community sewage system if the owner fails to do so; and to recover the cost of any maintenance performed plus a penalty from the owner. The agreement shall specifically authorize the Borough to file a municipal claim against the property served by the community sewage system to recover costs and fees and shall specifically state that its provisions are binding upon the landowner executing the agreement and upon all successive owners of the property and any lots which are served by the community sewage system until the community sewage system is removed and the property is connected to a public sewer service provider system or until a public sewer service provider assumes ownership and maintenance responsibility for the community sewage system.

2.    The applicant shall post financial security with the Borough to secure the future maintenance of the community sewage system and payment of costs of annual inspection of such system. The amount of the financial security shall be based upon the estimated cost to maintain the particular community sewage system chosen by the applicant and shall not be less than $5,000. The financial security shall be posted through an irrevocable letter of credit in a form acceptable to the Borough Solicitor or in a cash escrow which the Borough shall maintain in a non-interest-bearing account. The Borough shall not release such financial security until the Borough is provided with alternate financial security or until the community sewage system is removed and the property is connected to a public sewer service provider system or until a public sewer service provider assumes ownership and maintenance responsibility for the community sewage system.

3.    The applicant shall demonstrate to the Borough that the proposed community sewage system meets all applicable Department regulations and that the applicant has obtained all necessary approvals and permits.

4.    The applicant shall provide the Borough with a complete set of as-built plans for the community sewage system after its installation.

5.    The applicant shall reimburse the Borough for all costs incurred in the preparation of the agreement and its recording.

6.    The applicant shall pay all costs associated with the yearly inspection of the community sewage system.

(Ord. 2020-1, 3/9/2020, §2)

§11-167 Proper Operation and Maintenance of OLDS Required.

All persons who own a lot upon which an OLDS is installed and all persons who occupy a lot on which an OLDS is installed shall properly use and maintain such OLDS. Proper maintenance of an OLDS shall include, at a minimum:

1.    Any person owning a lot served by an OLDS shall have the septic tank pumped by a septage hauler registered with the Borough within 90 days of receiving official notice. Thereafter, that person shall have the tank pumped at least every 3 years, upon notice to do so, or whenever an inspection reveals that the septic tank is filled with solids or scum in excess of 1/3 of the liquid depth of the tank. The septage hauler shall submit a report to the owner and to the Sewage Management Program Coordinator as required in §11-167.1.D.

A.    If any person provides a receipt or other written evidence showing that their tank had been pumped within 1 year prior to the effective date of this Section, the Sewage Management Program Coordinator may delay that person’s initial required pumping to conform to the general 3-year frequency requirement.

B.    The Sewage Management Program Coordinator may allow OLDS septic tanks to be pumped out at less frequent intervals when the owner can demonstrate to the Sewage Management Program Coordinator that the OLDS can operate properly without the need for pump out. An owner may submit such a request to the Sewage Management Program Coordinator at any time. The request must be in writing with all supporting documents attached. The Sewage Management Program Coordinator, in making its determination, shall take into account the information submitted by the applicant, the permit issued by the Sewage Enforcement Officer upon installation or rehabilitation of the OLDS and supporting documentation, reports of inspection and maintenance of the OLDS, and other relevant information, and may conduct an on-site inspection. The applicant shall bear the cost of any inspection, surface or subsurface, and soil or wastes sampling conducted for the purposes of evaluating the request. Upon receipt of the reports and recommendation the Sewage Management Program Coordinator shall issue a decision within 60 days.

C.    The required pumping frequency may be increased at the discretion of the Sewage Management Program Coordinator if the septic tank is undersized, if solids buildup in the tank is greater than 1/3 of the liquid depth of the tank, if the hydraulic load on the OLDS increases significantly above average, if a garbage grinder is used in the building, if the OLDS malfunctions or for other good cause shown.

D.    Upon completion of each required pumping, the septage hauler shall fill out and submit a signed copy of the approved Sewage Management Report form to the Sewage Management Program Coordinator. The Sewage Management Program Coordinator shall provide copies of the approved forms to all registered septage haulers. The septage hauler shall provide 1 copy of the Sewage Management Report to the owner and 1 copy to the Sewage Management Program Coordinator. The septage hauler shall submit the copies to the Sewage Management Program Coordinator within 30 days of the date of pumping of the OLDS along with the required administrative fee.

E.    Any owner of a lot served by an OLDS which utilizes an aerobic treatment tank shall follow the operation and maintenance recommendations of the equipment manufacturer. A copy of the manufacturer’s recommendations and a copy of the service agreement shall be submitted to the Sewage Management Program Coordinator within 6 months of the effective date of this Section. Thereafter, service receipts shall be submitted to the Sewage Management Program Coordinator at the intervals specified by the manufacturer’s recommendations. In no case may the service or pumping intervals exceed those required for septic tanks.

F.    The Sewage Management Program Coordinator may require additional maintenance activity as needed including, but not necessarily limited to, cleaning and unclogging of piping; servicing and the repair of mechanical equipment; leveling of distribution boxes, tanks and lines; removal of obstructing roots or trees; the diversion of surface water away from the disposal area, etc. Repair permits issued by the Sewage Enforcement Officer may be required for these activities, as applicable.

2.    Maintenance of surface contouring and other measures consistent with the regulations of the Department to divert stormwater away from the treatment facilities and absorption areas and to protect the absorption areas from physical damage.

3.    Following any operation and maintenance recommendations of the manufacturer of the OLDS. If the OLDS is a nonstandard OLDS, additionally following the operation and maintenance recommendations of the manufacturer of the nonstandard equipment which is part of the OLDS.

4.    Discharging only domestic sanitary sewage into an OLDS. The following types of waste shall not be discharged into an OLDS:

A.    Industrial waste.

B.    Automobile oil, other nondomestic oil, grease, nonbiodegradable soaps, detergents and/or inert materials such as coffee grounds.

C.    Toxic or hazardous substances or chemicals including but not limited to pesticides, disinfectants, acids, paints, paint thinners, herbicides, gasoline and other solvents.

D.    Clean surface or groundwater, including water from roof or cellar drains, springs, basement sump pumps, and French drains.

E.    Vehicle wash water and other potentially contaminated or clean run off or stormwater.

F.    Disposable products such as diapers, tampons, and similar materials.

G.    Beauty shop waste other than a single chair beauty shop in conjunction with a residential use.

H.    Abattoir or butcher shop waste.

(Ord. 2020-1, 3/9/2020, §2)

§11-168 Proper Operation and Maintenance of Community Sewage Systems Required.

All persons who own a lot which is served by a community sewage system shall properly use such community sewage system. The owner of the community sewage system shall properly maintain the community sewage system. Proper maintenance of a community sewage system shall include at a minimum:

1.    Inspection of the community sewage system by the Sewage Enforcement Officer or by a sewage enforcement officer certified by the Department on a bimonthly basis. If the inspection is performed by a sewage enforcement officer other than the Sewage Enforcement Officer, the property owner shall submit the inspection report prepared and signed by the Sewage Enforcement Officer to the Borough within 1 month after the date of inspection of the community sewage system. All laboratory analyses required to be submitted by the Department or the Department’s regulations shall also be submitted simultaneously to the Borough to be reviewed as appropriate by the Sewage Enforcement Officer or his designee.

2.    Removal of septage or sludge in accordance with Department regulations and manufacturer specifications.

3.    Maintenance of surface contouring and other measures consistent with the regulations of the Department to divert stormwater away from the treatment facilities and absorption areas and to protect the absorption areas from physical damage.

4.    Following any operation and maintenance recommendations of the manufacturer of the community sewage system.

5.    Requiring that all users of the community sewage system discharge only domestic sanitary sewage into the community sewage system. The owner of the community sewage system shall inform all users of the community sewage system that the types of waste described in §11-167.4 of this Part shall not be permitted to be discharged.

(Ord. 2020-1, 3/9/2020, §2)

§11-169 Reporting of Malfunctioning OLDS or Community Sewage System.

Any person who owns a lot upon which an OLDS or community sewage system is installed, any person who occupies a lot upon which an OLDS or community sewage system is installed, any person who owns a community sewage system, and any septage hauler pumping out or otherwise maintaining an OLDS or community sewage system shall report any malfunctioning of such OLDS or community sewage system to the Borough. Such report shall be made as soon as possible but in no case later than 3 days after discovery of the malfunction.

(Ord. 2020-1, 3/9/2020, §2)

§11-170 Duties of Sewage Enforcement Officer.

In addition to all other duties of the Sewage Enforcement Officer set forth in this Part, the Sewage Enforcement Officer shall have the power and duty to enforce the provisions of this Part and to investigate any reports of malfunctioning OLDS and community sewage system or evidence that an OLDS or community sewage system may be malfunctioning which the Sewage Enforcement Officer discovers. In performing these duties the Sewage Enforcement Officer shall have the following powers:

1.    To conduct routine inspections of properties upon which OLDS or community sewage systems are installed as part of an administrative program to insure compliance with this Part. Any inspections shall be performed in accordance with all applicable statutes and constitutional provisions.

2.    To make reports as requested by Borough Council regarding maintenance of OLDS and community sewage systems in the Borough and to suggest actions which may be taken by Borough Council to insure proper maintenance.

3.    To consult with the Borough Engineer and the Borough Solicitor, as authorized by Borough Council, to assist in the enforcement of this Part.

(Ord. 2020-1, 3/9/2020, §2)

§11-171 Inspections.

The Sewage Enforcement Officer or the authorized agent may inspect any OLDS at any reasonable time.

1.    The inspection may include a physical tour of the property, the taking of samples from surface water, wells, other groundwater sources, the sampling of the contents of the OLDS itself and/or the introduction of a traceable substance into the interior plumbing of the structure or into the treatment tank served to ascertain the path and ultimate destination of wastewater generated in the structure.

2.    The Sewage Enforcement Officer or authorized agent shall have the right to enter upon land for the purposes of inspections described above. In the event that access to inspect the property is denied, the following steps shall be taken:

A.    The Sewage Enforcement Officer or authorized agent shall refer the matter to Borough Council for action.

B.    Borough Council may schedule a review at its next scheduled meeting or, if the situation threatens the health and safety of the residents of the Borough, Borough Council may commence an immediate procedure to obtain a search warrant from the magisterial district judge.

C.    Upon receipt of a search warrant to inspect the property, the Sewage Enforcement Officer or authorized agent shall be accompanied by an officer of the Borough, and the inspection shall be completed in accordance with this subsection.

D.    The provisions of this subsection for obtaining a search warrant may be waived only when Borough Council and the Sewage Enforcement Officer or authorized agent have reason to believe that the OLDS is malfunctioning or being operated improperly such that the situation poses an immediate and substantial safety, water pollution, or health hazard.

3.    Council may establish a schedule of routine inspections to assure the proper function of OLDS in the Borough.

4.    The Sewage Enforcement Officer or authorized agent shall inspect OLDS known to be, or alleged to be, malfunctioning. Should said inspections reveal that the OLDS is malfunctioning, the Sewage Enforcement Officer or authorized agent shall take action to require the correction of the malfunction. If total correction is not technically or financially feasible in the opinion of the Sewage Enforcement Officer or authorized agent, action by the owner to mitigate the malfunction of an OLDS shall be required.

5.    Within 7 days of notification by the Sewage Enforcement Officer that a malfunction has been identified, the owner shall make application to the Sewage Enforcement Officer for a permit to repair or replace the malfunctioning system. Within 30 days of initial notification by the Sewage Enforcement Officer, the owner shall commence construction of the permitted repair or replacement. Within 60 days of the original notification by the Sewage Enforcement Officer, the owner shall complete construction. Where seasonal or unique conditions may affect construction, the Sewage Enforcement Officer may grant an extension of the deadline for commencement or completion of construction.

6.    The Sewage Enforcement Officer shall have the authority to require the repair of any malfunction by the following methods: cleaning, repair or replacement of components of the existing OLDS; adding capacity or otherwise altering or replacing the OLDS’ treatment tank; expanding the existing disposal area, replacing the existing disposal area, replacing a gravity distribution OLDS with a pressurized OLDS, replacing the OLDS with a retaining tank; or other alternatives as appropriate for the specific site.

7.    In lieu of or in combination with the remedies described in §11-171.6, the Sewage Enforcement Officer may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water-using devices and appliances in the structure may be required to be retrofitted with water-saving devices or they may be required to be replaced by water-conserving devices and appliances. Wastewater generation in the structure may also be reduced by requiring changes in water usage patterns in the structure served.

8.    In the event that the rehabilitation measures in §§11-171.5 through 11-171. 7 are not feasible or do not prove effective, the Sewage Enforcement Officer may require the owner to apply for a permit to construct a retaining tank in accordance with the Borough’s ordinance and Department regulations. Upon receipt of said permit, the owner shall complete construction of the retaining tank within 30 days.

9.    Should none of the remedies described above prove totally effective in eliminating the malfunction of an existing OLDS, the owner is not absolved of responsibility for that malfunction. The Sewage Enforcement Officer may require whatever action is necessary to lessen or mitigate the malfunction to the extent that it feels necessary.

10.    There may arise geographic areas within the Borough where numerous on-lot sewage disposal systems are malfunctioning. A resolution of these area-wide problems may necessitate detailed planning and a Borough sponsored revision to that area’s Act 537 Official Sewage Facilities Plan. When a Borough authorized Official Sewage Facilities Plan Revision has been undertaken by the Borough, mandatory repair or replacement of individual malfunctioning OLDS within the study area may be delayed, at the discretion of the Borough, pending the outcome of the plan revision process. However, the Borough may compel immediate corrective action whenever a malfunction, as determined by Borough officials and the Department, represents a serious public health or environmental threat.

(Ord. 2020-1, 3/9/2020, §2)

§11-172 Disposal of Septage.

1.    All septage haulers operating within the Borough shall be registered with the Borough through the Sewage Management Program Coordinator and shall comply will all reporting requirements established by the Borough.

2.    All septage originating within the Borough shall be disposed of at sites or facilities approved by the Department. Approved sites or facilities may include the following: septage treatment facilities and wastewater treatment plants.

3.    Septage haulers operating within the Borough shall operate in a manner consistent with the provisions of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§6018.101 – 6018.1003).

(Ord. 2020-1, 3/9/2020, §2)

§11-173 Administration.

1.    The Borough shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this Part.

2.    The Borough may appoint those qualified to carry out the provisions of this Part. The Borough may also contract with others as may be necessary to carry out the provisions of this Part.

3.    All permits, records, reports, files and other written material relating to the installation, operation and maintenance and malfunction of OLDS shall become the property of the Borough. Existing and future records shall be available for public inspection during required business hours at the office of the Sewage Management Program Coordinator or Sewage Enforcement Officer, as applicable. All records pertaining to sewage permits, building permits, occupancy permits and all other aspects of the Borough’s OLDS Management Program shall be made available, upon request, for inspection by representatives of the Department.

4.    Borough Council or its designee may establish by resolution all administrative procedures necessary to properly carry out the provisions of this Part.

(Ord. 2020-1, 3/9/2020, §2)

§11-174 Violations and Penalties.

1.    It shall be a violation of this Part to commit or permit any other person to commit any of the following acts:

A.    To install, repair, modify or alter an OLDS or a community sewage system prior to obtaining a permit or in a manner which violates the terms and conditions of any permit.

B.    To misuse or fail to maintain an OLDS or a community sewage system.

C.    To fail to report a malfunctioning OLDS or community sewage system.

D.    To fail to remedy a malfunctioning OLDS or community sewage system.

E.    To construct any improvements upon, grade, or take any other action which will render a replacement location unsuitable for installation of an OLDS or community sewage system unless the Sewage Enforcement Officer has approved an alternate replacement location in accordance with §§11-158 and 11-160 of this Part.

F.    To place false information on or omit relevant information from an application for a permit.

G.    To occupy or permit the occupancy of any structure served by an OLDS for which a valid permit has not been obtained as required by this Part.

H.    To occupy or permit the occupancy of any structure served by a community sewage system for which a valid permit has not been obtained as required by this Part.

I.    To commence any soil fracturing operations without providing the Sewage Enforcement Officer with written notification required pursuant to §11-164 of this Part.

J.    To fail to comply with any other provision of this Part.

2.    Any person who violates or permits the violation of any provision of this Part; or who shall use, maintain or alter an OLDS or community sewage system in violation of any permit issued by the Sewage Enforcement Officer; or who shall fail to remedy or who shall negligently or improperly remedy any health hazard; or who shall fail to completely implement a plan to remedy a health hazard which has been reviewed and approved by the Sewage Enforcement Officer shall be liable upon summary conviction therefor to fines and penalties of not less than $100 nor more than $1,000 plus all costs, including the Borough’s attorneys’ fees, of prosecution, which fines and penalties may be collected as provided by law. All fines and penalties collected for violation of this Part shall be paid over to the Borough Treasurer. Each day that a violation continues and each Section of this Part which is violated constitutes a separate violation.

(Ord. 2020-1, 3/9/2020, §2)

§11-175 Remedies.

In case any improvement is constructed or any lot maintained in violation of this Part, or any OLDS or community sewage system is installed, repaired, altered or modified prior to obtaining a permit as required by this Part or in a manner which does not comply with such permit, or any OLDS or community sewage system is not properly maintained or the malfunction of any OLDS or community sewage system is not reported to the Borough, in addition to the other remedies provided by law, the Borough may commence any appropriate action or proceedings in equity to prevent such unlawful construction of improvements or such unlawful maintenance of such lot or the continued use of such OLDS or community sewage system.

(Ord. 2020-1, 3/9/2020, §2)

§11-176 Declaration of Nuisance.

The following activities are hereby declared to be nuisances:

1.    Construction of improvements on the replacement location. Such construction renders the replacement location useless and therefore jeopardizes the water quality and other natural resources of the Borough. This harm to the water quality and other natural resources of the Borough is a danger to the health, safety and welfare of the residents of the Borough and is hereby declared to be a nuisance and abatable as such in accordance with the provisions of the Borough Code.

2.    Installation, alteration or modification of an OLDS or community sewage system without having obtained a permit as required by this Part and the regulations of the Department, or, if a permit was obtained, in a manner which violates the terms of the permit.

3.    Failure to maintain an OLDS or community sewage system as required by this Part.

All of these actions result in pollution of the waters of the Commonwealth and other natural resources of the Borough and constitute a danger to the health, safety and welfare of Borough residents. The actual expenses of the Borough in the abatement of such nuisances plus a penalty in the amount of 25 percent of such expenses shall be filed as a municipal claim against the property.

(Ord. 2020-1, 3/9/2020, §2)

§11-177 Waiver of Liability.

Although this Part is intended to provide guidelines for the installation and maintenance of OLDS and community sewage systems and the identification and maintenance of a replacement location for OLDS, nothing contained herein shall be interpreted as a guarantee or warranty to applicants or other Borough residents that systems installed under the provisions of this Part will function as intended. The Borough assumes no responsibility for the location and/or maintenance of OLDS or community sewage systems within the Borough.

(Ord. 2020-1, 3/9/2020, §2)

§11-178 Appeals.

Appeals from any action of the Sewage Enforcement Officer under this Part shall be made in writing to Borough Council within 15 days from the date of the written determination of the Sewage Enforcement Officer. All appeals shall be accompanied by the appeal fee established by resolution or ordinance of Borough Council.

1.    The written appeal shall specify the precise action from which the appeal is taken and shall set forth in concise terms the reason for the appeal and any legal authorities supporting the appeal period.

2.    If the appellant desires a hearing before Borough Council, the appellant must request a hearing in the written appeal.

3.    If a hearing is requested in writing, Borough Council shall conduct the hearing at a regular or special public meeting which occurs not less than 14 days after receipt of the written appeal. The hearing shall be conducted in accordance with the provisions of the Local Agency Law, 2 Pa.C.S. §551 et seq.

4.    Borough Council shall render a decision on the appeal in accordance with the provisions of the Local Agency Law.

(Ord. 2020-1, 3/9/2020, §2)

§11-179 Continuation of Prior Regulations.

Except as otherwise required by law, this Part is intended as a continuation of, and not a repeal of, existing regulations governing the subject matter. To the extent that this Part restates regulations contained in ordinances previously enacted by Borough Council, this Part shall be considered a restatement and not a repeal of such regulations. It is the specific intent of Borough Council that all provisions of this Part shall be considered in full force and effect as of the date such regulations were initially enacted.

(Ord. 2020-1, 3/9/2020, §2)

§11-180 Schedule of Fees.

1.    The Lebanon County Planning Department is hereby appointed, authorized and directed to collect reasonable fees, in accord with an established fee schedule, for work performed in the administration of the sewage enforcement program for the municipality.

2.    Borough Council shall establish reasonable fees by resolution.

3.    Borough Council may revise the fees for the administration of this Part at any time by ordinance or by resolution.

4.    The Lebanon County Planning Department is authorized to make applications to the Department for state reimbursement for the administrative costs of enforcing the Act on behalf of the Borough. The Borough hereby authorizes the Department to make reimbursement payment pursuant to Section 6 of the Act to the Lebanon County Planning Department and, by this authorization, absolves the Department from any liability for payment made to the Lebanon County Planning Department which otherwise would be due and owing to the Borough under Section 6 of the Act.

(Ord. 2020-1, 3/9/2020, §2)

F.    Holding Tanks

§11-181 Title.

This Part shall be known as the “Borough of Cornwall Holding Tank Ordinance.”

(Ord. 2020-1, 3/9/2020, §2)

§11-182 Purpose.

The purpose of this Part is to establish procedures for the use and maintenance of existing and new holding tanks designed to receive and retain sewage, whether from residential or commercial uses, and it is hereby declared that the enactment of this Part is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of the Borough of Cornwall.

(Ord. 2020-1, 3/9/2020, §2)

§11-183 Definitions.

Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this Part shall be as follows:

Applicant – any person who filed an application with the Borough for approval to install a holding tank.

Borough – the Borough of Cornwall, Lebanon County, Pennsylvania.

Department – the Department of Environmental Protection of the Commonwealth of Pennsylvania or any agency successor thereto.

Holding tank – a watertight receptacle, whether permanent or temporary, which receives and retains sewage and is designed and constructed to facilitate the ultimate disposal of the sewage at another site. The term “holding tank” as used in this Part shall include the terms “privy,” “chemical toilet,” “retaining tank” and “holding tank” as those terms are defined and used in the Department’s regulations.

Improved property – any property within the Borough 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 sewage shall or may be discharged.

Owner – any person vested with ownership, legal or equitable, sole or partial, of any property located in the Borough.

Person – any individual, partnership, company, association, corporation, trust, or other group or entity.

Sewage – any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious substance being harmful or inimical to the public health, or to animal or aquatic life or to the use of water for domestic water supply or for recreation or any substance which constitutes pollution under the Clean Streams Law, 35 P.S. §691.1 et seq.

Sewage Enforcement Officer – the Sewage Enforcement Officer of the Borough.

Water under pressure – water service provided to an improved property by means of a system of plumbing or piping with the water being supplied by a public water system, private well, or private spring.

(Ord. 2020-1, 3/9/2020, §2)

§11-184 Rights and Privileges Granted.

The Borough of Cornwall is hereby authorized and empowered to undertake within the Borough the control and methods of holding tank use, sewage disposal, and sewage collection and transportation thereof.

(Ord. 2020-1, 3/9/2020, §2)

§11-185 Rules, Regulations and Agreements.

The Borough of Cornwall is hereby authorized and empowered to adopt by resolution such rules and regulations concerning sewage and to enter into such agreements as it may deem necessary from time to time to effect the purposes herein.

(Ord. 2020-1, 3/9/2020, §2)

§11-186 Rules, Regulations to Be in Conformity with Applicable Law.

All such rules and regulations adopted by Borough Council shall be in conformity with the provisions herein, all other ordinances of the Borough, all other applicable laws, and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania. Borough Council hereby adopts the regulations of the Department found in Title 25, Chapters 71 and 73, of the Pennsylvania Code governing retaining tanks as the regulations governing the design, installation, and use of holding tanks within the Borough.

(Ord. 2020-1, 3/9/2020, §2)

§11-187 Rates and Charges.

Borough Council shall have the right and power to fix, alter, charge and collect rates, assessments, and other charges relating to the use and maintenance of holding tanks at reasonable and uniform rates as authorized by applicable law.

(Ord. 2020-1, 3/9/2020, §2)

§11-188 Exclusiveness of Rights and Privileges.

The collection and transportation of all sewage from any holding tank shall be done solely by or under the direction and control of the Borough, and the disposal thereof shall be made only at such site or sites as may be approved by the Department.

(Ord. 2020-1, 3/9/2020, §2)

§11-189 Conditions of Holding Tank Use.

All applicants who desire to install a holding tank shall meet all of the following requirements:

1.    A holding tank may be installed on a lot only if 1 of the following conditions exists:

A.    To replace an existing malfunctioning on-lot sewage disposal system where there is insufficient suitable area for a repair or replacement of the sewage system.

B.    If the lot is located within an area designated for public sewer service and where public sewer service will be available within 1 year or less after the date of application to the Borough to authorize installation of the holding tank.

C.    To serve a lot where water under pressure is not presently available on the improved property if applicant meets all of the following conditions:

(1)    Site and soil suitability testing of the lot has been conducted by the Sewage Enforcement Officer and the site meets the requirements of Title 25, Chapter 73, Standards for On-Lot Sewage Treatment Facilities, of the Pennsylvania Code, for the ultimate sewage disposal by an approved on-lot system if water under pressure or piped waste water becomes available to the improved property.

(2)    At such time that water under pressure becomes available, the owner shall remove the holding tank and replace the holding tank with an approved on-lot system.

D.    To serve a lot where water under pressure does not exist where the lot is an isolated lot which is 1 acre or larger and is not nor will not be served by water under pressure in the future.

E.    To temporary use of portable retention tanks where their use is proposed at construction sites or at the site of public gatherings and entertainment.

F.    To such other temporary or permanent uses of holding tanks as may be authorized by the Department.

2.    The record owner of the lot on which the holding tank other than a temporary use holding tank is to be installed and, if different, the applicant, shall enter into an agreement with the Borough, in recordable form, providing for the long-term maintenance of the holding tank which grants the Borough the right to enter upon the property; to inspect such holding tank not less than once each year and, in addition, whenever the Borough receives a complaint or otherwise has reason to believe that such holding tank is not functioning properly; to maintain the holding tank if the landowner fails to do so; and to recover the cost of any maintenance performed plus a penalty of 25 percent of such cost from the landowner. The agreement shall specifically authorize the Borough to file a municipal claim against the property to recover costs, penalties and fees and shall specifically state that its provisions are binding upon the landowner executing the agreement and upon all successive owners of the property until the holding tank is removed and the improved property is either connected to a public sewer system owned and operated by a governmental entity if water under pressure currently exists on the improved property or connected to an on-lot sewage disposal system if water under pressure is not currently available on the improved property.

3.    The applicant shall post financial security with the Borough to secure the future maintenance of the holding tank and payment of costs of annual inspection of such system. The amount of the financial security shall be based upon the estimated cost to maintain the particular holding tank chosen by the applicant. The financial security shall be posted through an irrevocable letter of credit in a form acceptable to the Borough Solicitor or in a cash escrow which the Borough shall maintain in a non-interest-bearing account. The Borough shall not release such financial security until 1 or more of the following conditions occur:

A.    The owner provides the Borough with acceptable alternative financial security.

B.    If the holding tank serves an improved property which was provided with water under pressure at the time of holding tank installation, the owner removes the holding tank, and the improved property is connected to a public sewer system owned and operated by a governmental entity.

C.    If the holding tank serves an improved property which did not have water under pressure at the time of holding tank installation, the owner installs water under pressure, removes the holding tank, and connects the improved property to an approved on-lot sewage disposal system.

D.    If the owner removes a holding tank from land which is not an improved property (i.e., removes a holding tank installed on a temporary basis to serve a public gathering, construction site, etc.).

4.    The applicant shall demonstrate to the Borough that the proposed holding tank meets all applicable Department regulations and that the applicant has obtained all necessary approvals and permits.

5.    Special conditions for holding tanks shall be incorporated in the permit application and permit for the proposed use of a holding tank.

6.    The applicant shall reimburse the Township for all costs incurred in the preparation of the agreement and its recording.

7.    The applicant shall pay all costs associated with the yearly inspection of the holding tank.

(Ord. 2020-1, 3/9/2020, §2)

§11-190 Duties of Improved Property Owner.

The owner of an improved property that utilizes a holding tank shall:

1.    Maintain the holding tank in conformance with this or any ordinance of this Borough, the provisions of any applicable law, and the rules and regulations of the Borough and any administrative agency of the Commonwealth of Pennsylvania including, but not limited to, §§71.63 and 73.61 et seq. of the Department’s regulations.

A.    Proof of Maintenance. Each time that a holding tank is pumped out or emptied, the private sewage waste hauler who performs the service shall provide to the owner a signed receipt and shall retain a signed receipt containing the following information:

(1)    Date of pumping out.

(2)    Name and address of owner.

(3)    Description and diagram of location of holding tank, including location of any markers and/or access hatches (if known).

(4)    Size of holding tank.

(5)    Age of the holding tank (if known).

(6)    Last date of pump out (if known).

(7)    Any maintenance performed in connection with pumping out of the holding tank.

(8)    Any indication of system malfunction observed.

(9)    Amount of sewage, septage or other solid or semi-solid material removed.

(10)    Cost of service.

(11)    Waste hauler’s state license number permitting him to collect and haul septage in this Commonwealth.

The owner and the waste hauler shall provide the receipt to authorized officials of the Borough. The receipt shall serve as proof of compliance with the maintenance requirements of this Part. Failure to provide a copy of the receipt within 30 days after the holding tank is pumped out or emptied shall constitute a violation of this Part. The Borough is designated in accordance with the Department’s regulations as the administrative agency to receive, review and retain pumping receipts from permitted holding tanks.

B.    Inspections. Annually or where any agreement entered into between the Borough and the owner or a predecessor in title of the landowner requires more frequent inspections of a holding tank, the owner shall permit the Borough Sewage Enforcement Officer to enter upon the improved property to conduct the required inspection. The Borough Sewage Enforcement Officer shall conduct inspections of all permitted holding tanks at least annually and complete a written inspection report which shall be submitted to and be retained by the Borough. The owner shall pay all fees associated with all required inspections.

2.    If either water under pressure becomes available to the improved property or public sewer service becomes available to the improved property, abandon the holding tank consistent with applicable public health and environmental standards.

3.    Permit the Borough to enter upon lands to inspect the holding tank for proper operation, maintenance and contents disposal.

(Ord. 2020-1, 3/9/2020, §2)

§11-191 Malfunctioning Holding Tank.

The owner of a lot upon which a holding tank is installed, any person who occupies a lot upon which a holding tank is installed, any person who owns a holding tank, and any sewer waste hauler pumping out or otherwise maintaining a holding tank shall report any malfunctioning of a holding tank to the Borough. Such report shall be made as soon as possible but in no case later than 3 days after discovery of the malfunction.

(Ord. 2020-1, 3/9/2020, §2)

§11-192 Violations and Penalties.

1.    It shall be a violation of this Part to commit or permit any other person to commit any of the following acts:

A.    To install, repair, modify or alter a holding tank prior to obtaining a permit or in a manner which violates the terms and conditions of any permit.

B.    To misuse or to fail to maintain a holding tank or to fail to provide reports of maintenance as required by this Part.

C.    To fail to have the holding tank inspected as required by this Part or to fail to permit the Borough Sewage Enforcement Officer to inspect the holding tank.

D.    To fail to report a malfunctioning holding tank.

E.    To fail to remedy a malfunctioning holding tank.

F.    To place false information on or omit relevant information from an application for a permit or from a report of inspection or maintenance of a holding tank.

G.    To occupy or permit the occupancy of any structure served by a holding tank for which a valid permit has not been obtained as required by this Part.

H.    To fail to comply with any other provision of this Part.

2.    Any person who shall violate a provision of this Part or who shall fail to comply with any of the requirements thereof or who shall permit the violation of this Part or who shall use or occupy or permit the use or occupancy of any building or structure which is served by a holding tank which has not been installed or maintained in accordance with the requirements of this Part shall, upon being found guilty in an enforcement proceeding commenced by the Borough, pay a fine of not less than $200 and not more than $1,000 for each violation plus all costs of prosecution, including the Borough’s attorneys’ fees, which fines and costs may be collected as provided by law. Each day that a violation continues shall be deemed a separate offense, and each Section of this Part which is violated shall be deemed a separate offense.

(Ord. 2020-1, 3/9/2020, §2)

§11-193 Abatement of Nuisances.

In addition to any other remedies provided in this Part, any violation of this Part shall constitute a nuisance and may be abated by the Township by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.

(Ord. 2020-1, 3/9/2020, §2)