CHAPTER 13 – SEWERS AND SEWAGE DISPOSAL

Chapter 13: Sewers & Sewage Disposal Summary

This ordinance establishes regulations for the Borough of Ebensburg's wastewater system and holding tanks. It is divided into three main parts: Sewer Regulations and Charges, Sanitary Sewer Connections, and the Use and Maintenance of Holding Tanks.

Part 1: Sewer Regulations and Charges

This part outlines the rules for the public wastewater system.

• Management: The Borough Council has exclusive charge and management of the wastewater system (§13-102).
• Rules: The Ebensburg Municipal Authority adopts the rules and regulations, which are enforced by the Borough Council (§13-103).
• Fees: The Municipal Authority sets the schedules for wastewater rates, tapping fees, and fire service charges (§13-104).
• Public Use: All public corporations, charitable institutions, and school districts must pay for wastewater services according to the established schedule; there is no free service (§13-105).
• Penalties: Violating any provision of this part is punishable by a fine of up to $600, plus costs, and/or imprisonment for up to 30 days. Each day a violation continues is considered a separate offense (§13-106).

Part 2: Sanitary Sewer Connections

This section details the requirements for connecting to and maintaining sanitary sewer systems.

• Pre-Sale Compliance: Before selling or transferring real estate, the owner must obtain a Certificate of Sewage Compliance from the Borough Manager (§13-203).
  • A qualified contractor must perform an air pressure test on the sewer lateral.
  • The Borough must be notified at least 72 hours before the test.
  • If illegal connections are found, they must be repaired or the entire lateral replaced before a certificate is issued.
  • A Certificate of Sewage Compliance is valid for five (5) years.
• Temporary Certificates: A Temporary Certificate of Sewage Compliance may be issued at the Borough's discretion under specific conditions, such as:
  • Weather preventing testing (§13-204. A).
  • A practical hardship exists due to the time needed for remedial work (§13-204. B).
  • The purchaser voluntarily undertakes the necessary repairs (§13-204. C).
  • The Borough is planning future sewer main repairs (§13-204. D).
• Pre-connection Compliance: No one can connect or reconnect to the sanitary sewer system without first complying with all rules, regulations, and fees (§13-205).
• Inflow & Infiltration: Owners must take measures to eliminate inflow and infiltration into the sewer system upon notice from the Authority (§13-206).
• Right of Inspection: Authorized Borough and Authority employees have the right to enter premises for inspection, testing (including CCTV), and enforcement (§13-207).
• Failure to Eliminate Inflow: Owners found in violation must bring pipelines into compliance within six (6) months. Failure to do so can result in civil action, surcharges, water service discontinuation, or Borough-led corrections at the owner's expense (§13-208).
• Failure to Connect: Owners of buildings within 150 feet of a sewer main must connect their building to the system within six (6) months of receiving notice (§13-209).
  • Failure to connect can result in a $50. 00 fine per day, water service discontinuation, or Borough-led installation at the owner's cost plus a 10% fee.
  • Owners who fail to connect are still assessed ongoing service charges (§13-209. E).
• Corrective Action Plan: If an owner cannot comply within six months, they may submit a corrective action plan including a signed contract with a contractor and a specific repair date (§13-210).
• Stormwater Connections: Direct connection of storm or surface water to the sanitary sewer system is prohibited (§13-211).
• Penalties: Violating any term of this part (except failure to connect, which has its own penalties) is punishable by a fine of $600. 00, costs, and/or up to 30 days imprisonment (§13-213).

Part 3: Use and Maintenance of Holding Tanks for Sewage

This part regulates the use of holding tanks for sewage disposal.

• Purpose: To establish procedures for holding tanks that receive and retain sewage from commercial, institutional, and recreational uses with a flow of 800 gallons per day or less (§13-301).
• Definitions: Key terms are defined, including:
  • Commercial: Use for business, office, manufactory, or public accommodation.
  • Holding Tank: A watertight receptacle for sewage.
  • Institutional: Facilities like churches or schools used for charitable/philanthropic purposes.
  • Recreational: Facilities like campgrounds or swimming pools with a permit from the Department of Environmental Protection.
• Conditions for Use: Holding tanks may be used when:
  • Necessary to abate a nuisance or public health hazard.
  • An alternate public sewage service will be available within two (2) years.
  • For a commercial, institutional, or recreational establishment with a sewage flow of 800 gallons per day or less.
  • They may not be used for residential properties unless permitted under the first two conditions (§13-307).
• Permit Application: Owners must obtain a permit from the municipal Sewage Enforcement Officer. The application requires:
  • A completed application form.
  • A written contract with a licensed holding tank cleaner.
  • A certified copy of the contract between the cleaner and the disposal site.
  • Payment of fees established by the Borough Council.
  • An agreement to indemnify the Municipality.
  • A bond or security in the amount of $5,000. 00 (§13-308).
• Removal of Holding Tank: The Municipality has the right to remove any holding tank left in place in violation of the ordinance, with all costs borne by the owner (§13-309).
• Requirements for Holding Tank: Tanks must comply with state regulations (25 Pa. Code, Chapter 73) and be:
  • Maintained in a watertight condition.
  • Installed on firm, stable soil.
  • Cleaned frequently to keep contents below 75% capacity.
  • Installed at least 50 feet from any water supply and 50 feet from the flood maximum stage (§13-310).
• Inspections & Certification: Owners must grant access for inspections and provide pumping receipts to the Municipality within 10 days of pumping. Failure to comply can lead to immediate permit revocation (§13-311).
• Exclusiveness of Rights: The Borough Council has sole control over the collection and transportation of sewage from holding tanks (§13-312).
• Abatement of Nuisances: Violations constitute a nuisance and can be abated by the Municipality through legal or equitable relief (§13-313).
• Penalties: Violating any term of this part is punishable by a fine of $600. 00, costs, and/or up to 30 days imprisonment (§13-314).