Dallas Area Municipal Authority

Rules and regulations concerning the use of public and private sewers and drains, the installation and connection of building sewers, and the discharge of waters and wastes into the public sewer systems; and providing penalties for violations thereof; for the Dallas Area Municipal Authority, Luzerne County, Pennsylvania.

ARTICLE I
Definitions

Section 101. Unless the context specifically indicates otherwise, the meaning of terms used in the sewer rates, rules and regulations shall be as follows:

1. Authority shall mean Dallas Area Municipal Authority.

2. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter in five (5) days at 20 degrees C, expressed in milligrams per liter as determined by test methods defined in Standard Methods.

3. "Building Drain" shall mean that part of the lowest horizontal piping of a drain system which receives the discharge from waste drainage pipes inside the walls of the building or structure and conveys it to the building sewer. The physical limit of the building drain shall be a point eight (8) feet outside the exterior face of the structure's wall.

4. "Building Sewer" shall mean the pipe(s) extending from the structure's building drain to its connection to the public sanitary sewer.

5. “Excessive" shall mean amounts or concentrations of a constituent of a sanitary or industrial wastewater which in the judgment of the Authority: (a) will cause damage to any facility, (b) will be harmful to a wastewater treatment process, (c) can otherwise endanger life or property, or (d) can constitute a nuisance.

6. "Authority Facilities" shall include Authority owned or leased structures, conduits, pump stations, wastewater collection, treatment and disposal facilities, and other appurtenances for the purpose of collecting, treating and disposal of domestic and/or industrial wastewater.

7. "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage, and sale of produce.

8. "Industrial Wastewaters" shall mean the liquid wastes, including any types of solids, from industrial or commercial manufacturing processes as distinct from sanitary wastewater. Industrial wastewaters may or may not be discharged separately from sanitary wastewaters. For a combined discharge the Authority shall determine if the discharge meets the definition of "industrial wastewater".

9. "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.

10. "Owner" shall mean both the person who is vested holder of title for any real estate and all tenants, lessees or others in control or use of the property in question.

11. "Person" shall mean any individual, firm, company, association, society, corporation, or group.

12. "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. It is a method of expressing the acidic or basic strength of a solution and the tendency or ability of that solution to react with other acidic or basic solutions. The pH value may range from l (strong acid) to 14 (strong base). Pure water is neutral and has a pH of 7.

13. "Private Sewer System" shall mean any sewer, not owned by the Authority, that collects wastewater from two or more building sewers and discharges to a public sanitary sewer. From the date of adoption of these rules and regulations, private sewer systems are not permitted except by specific agreement with the Authority.

14. “Properly Shredded Garbage" shall mean the wastes from preparation, cooking, and dispensing of foods that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

15. "Public Sewer" shall mean a common sanitary sewer serving the general public and owned and controlled by the Authority.

16. "Sanitary Sewer" shall mean a sewer which carries domestic and/or industrial wastewater and to which natural storm, surface, and ground waters are not intentionally admitted.

17. "Sanitary Wastewater" shall mean the liquid waste discharged from a building's or structure's sanitary conveniences, such as toilets, washrooms, urinals, sinks, showers, small laundries, and from kitchens and cafeterias essentially free of industrial wastes or toxic materials. Sanitary wastewaters may or may not be discharged separately from industrial wastewaters. For a combined discharge the Authority shall determine if a wastewater discharge meets the definition "sanitary wastewater".

18. "Sewage" shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such natural ground, surface, and storm waters as may be present. This term shall be interchangeable with the word "wastewater".

19. "Sewer" shall mean any pipe or conduit whether above or below the ground for carrying sewage.

20. "Sewer Extension" shall mean any newly constructed sewer onto which two or more building sewers connect.

21. "Shall" is mandatory; May is permissive.

22. "Slug" shall mean any discharge of water or wastewater in which the concentration of any given constituent or the rate of flow exceeds, for any period of duration longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration, or flow, during normal operation.

23. "Standard Methods" shall mean Standard Methods for the Examination of Water and Wastewater, latest edition, published by the American Public Health Association.

24. "Storm Drain" (sometimes termed "storm sewer") shall mean a sewer which carries natural storm and surface waters and drainage, but not sewage and industrial wastes, other than unpolluted cooling water.

25. "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are defined as Total Suspended Solids and are determined in accordance with Standard Methods.

26. "Watercourse" shall mean a natural or improved channel in which a flow of water occurs, either continuously or intermittently. The terms "waterway" or "swale" shall be considered interchangeable.

ARTICLE II
Use of Public Sewers Required

Section 201. The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the Authority and abutting on any street, alley, or right-of-way located within 150 feet of a public sanitary sewer of the Authority, is hereby required at his expense to install building sewer(s) and to connect such sewer(s) directly with the public sewer in accordance with the provisions of the sewer rules and regulations.

ARTICLE III
Private Wastewater Disposal

Section 301. Within 90 days of such time as a public sewer becomes available to a property served by a private wastewater disposal system, a direct connection from the building drain to the public sewer shall be made by the Owner.

Section 302. The septage from private wastewater disposal systems and the contents of wastewater holding tanks from dwellings or recreational vehicles shall not be discharged to the public sewer system except by specific permission of the Authority. The Authority shall designate the location where the septage may be discharged to the facilities and the conditions and fees for such discharges.

ARTICLE IV
Building Sewers and Future Connections

Section 401. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Authority.

Section 402. Before the Authority will issue a permit the applicant must pay all applicable fees. If the applicant applies within ninety (90) days of construction of a new sewer, the permit fee will be waived.

Section 403. There shall be two (2) classes of building sewer permits: (a) for residential and commercial sanitary wastewaters, and (b) for service to establishments producing industrial wastes. If discharges are separate, a permit shall be required for each type. If the discharge is combined, the Authority shall determine which type of permit is required. In either case, the owner or his authorized agent shall make application on a form furnished by the Authority. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Authority.

Section 404. In the case of multiple building units or connections, industrial connections, or connections for sewerage which may require pretreatment, the Authority may require a monetary deposit sufficient to cover the cost of review of the application, including the cost of any expert advice deemed necessary by the Authority. The amount of the deposit shall be estimated by the Authority and upon payment of the applicant, shall be kept in a non-interest bearing account. Upon completion of the review process the unused portion, if any, will be refunded. If the initial deposit is not sufficient to pay for the costs incurred by the Authority, additional deposits shall be made, and handled in the same manner as the first.

Section 405. The work authorized by the permit shall be completed by the permittee and inspected and approved by the Authority no later than 180 days after its issuance. If the work is not begun within the 30 day period and is not completed, inspected and approved within the 180 day period, then the permit shall expire and the permittee shall reapply for a new permit. Permit fees will not be refunded.

Section 406. One copy of the permit (s) shall be available for inspection at all times at the site of the work.

Section 407. All costs and expenses incident to the application, review, installation, connection, repair, and maintenance of the building sewer from the point of connection; including any fittings, chimneys or other structures attached to the Authority sewer main and continuing to the building shall be borne by the owner. The owner shall indemnify the Authority for any loss or damage that may directly or indirectly be occasioned by the installation, connection, repair and/or maintenance of the building sewer.

Section 408. A separate and independent building sewer shall provide for every building, except where one building stands at the rear of another or an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building if approved by the Authority. Both buildings shall be considered as one service except for the purposes of permit and inspection fees established under Article IV, Section 402, and sewer service charges and impact fees established under Article X and XI, herein.

Section 409. Old building sewers or portions thereof may be used in connection with the new buildings or structures only when they are found, on examination and test, by the Authority to meet all requirements of the Sewer Rules and Regulations.

Section 410. The fittings used and manner of connecting a building sewer into a public sewer shall conform to the requirements of the Authority, and the procedures set forth in appropriate sections of the Water Pollution Control Federation Manual of Practice No. 9. All such connections shall be made gas tight and watertight. The connection shall be made in accordance with the approved drawings.

Section 411. No person(s) shall make or have connections of roof drains, downspouts, foundation drains, areaway drains, basement drains, sump pumps, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn, is connected directly or indirectly to a public sanitary sewer.

Section 412. The applicant for the building sewer permit shall notify the Authority at least twenty-four (24) hours before beginning work and also when the building sewer is ready for inspection and connection to the public sewer. The connection to the public sewer shall be under the full-time inspection of the Authority, or its representative.

Section 413. Upon completion of the connection of the building sewer to the public sewer, all contents of the old septic tank(s) or other structures shall be pumped out, two or more holes punched in the bottom, and the tank filled with sand, or the tank(s) broken up and removed.

Section 414. All excavations for a building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. The owner and his contractor shall perform all work in compliance with OSHA and other safety regulations, ordinances and statutes, and streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to and in conformance with the standards of the Authority and local governing agencies.

Section 415. No connection of any kind shall be made directly from any private property to a Authority sewer force main, except by specific agreement with the Authority.

All proposed connections to an existing force main shall be reviewed by the Authority’s Engineers. The Owner is responsible for all fees related to the review of proposed force main connection.

ARTICLE V
Use of Public Sewers

Section 501. No person(s) shall discharge, or cause to be discharged, any unpolluted waters such as storm water, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as storm sewers, or to a natural outlet approved by the Authority and/or local governing agency. Unpolluted industrial cooling water or unpolluted process waters may be discharged, on approval of the Authority, to a storm sewer, or natural outlet; provided such discharge does not violate any local, state or federal, ordinance, rule, regulation or statute.

Section 502. No person(s) shall discharge, or cause to be discharged, any of the following described waters or wastes to any public sewer:

(a) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas which will create a fire or explosive hazard in the Authority's facilities.

(b) Any waters or pollutants containing toxic or poisonous solids, liquids, or gases capable of causing either singly or by interaction with other wastes, injury or interference with any waste treatment process, a hazard to humans or animals, public nuisance, or any hazard in the Authority's facilities.

(c) Any waters or wastes having a pH lower than 6.0 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to the Authority's facilities and personnel.

(d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the Authority's facilities such as, but not limited to stone, gravel, ashes, cinders, sand, concrete, paving materials, mud, straw, sticks, plaster, cement, mortar, shavings, metal, glass, rags, feathers, tar, plastics, wood, improperly shredded garbage, whole blood, paunch manure, hair, fleshings, entrails, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

(e) Any waters or pollutants including oxygen demanding pollutants (BOD, etc.) which released in quantities of flow or concentrations, or both, constitute a "slug" as defined herein.

(f) Any heated waters or pollutants having a temperature higher than 150° Fahrenheit (5° Celsius).

Section 503. The following described substances, materials, wastes or waste waters, or pollutants discharged to the public sanitary sewers shall be limited to concentrations or quantities which will not harm either the sewers, or other Authority facilities, will not have an adverse effect on the receiving stream, or will not otherwise endanger life, limb, public property, or constitute a nuisance. The Authority may set concentration limitations lower than the limitations established in the regulations below if, in the opinion of the Authority, more severe limitations are necessary to meet the above objectives.

(a) Liquids or vapors having a temperature higher than one hundred fifty (150) degrees Fahrenheit (65 degrees Celsius).

(b) Wastewater containing fats, wax, grease, or oils, whether emulsified or not, in excess of a total of one hundred (100) mg/l; or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees Fahrenheit (0 and 65 degrees Celsius).

(d) Waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity to injure or interfere with any sewage treatment process.
Such toxic substances shall be limited by quantity or concentration to the average concentrations as established on a case by case basis by a study by the party responsible for the industrial discharge or as established to meet the requirements of the State, Federal, or other public agencies or jurisdiction for such discharge to the receiving waters, whichever is lower. At no time shall the hourly concentration exceed three times the average concentration.

(e) Any waters or pollutants containing odor-producing substances exceeding limits which may be established by the Authority.

(f) Radioactive wastes or isotopes of half-life or concentrations as may exceed limits established by the Authority in compliance with applicable State or Federal regulations.

(g) Quantities of flow or concentrations of any wastewater constituent, or both, which constitute a "slug" as defined herein.

(h) Materials which exert or cause:

(l) Unusual concentrations of inert suspended solids such as, but not limited to, fullers earth, lime slurries, lime residues, or of dissolved solids such as, but not limited to, sodium chloride and sodium sulfate.

(2) Excessive discoloration such as, but not limited to, dye wastes and vegetable tanning solutions.

(3) Unusual BOD, chemical oxygen demand, or chlorine requirement in such quantities as to constitute a significant load on the Authority's treatment facilities.

(4) Unusual volume of flow or concentration of wastes constituting organic wastes.

(i) Boiler blowoffs or sediment traps.

(j) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment process employed, or are amenable to treatment only to such a degree that the sewage treatment facility effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(k) Any water pollutants which, by interaction with other water or pollutants in the public sewer system; release obnoxious gases, form suspended solids which interfere with, or create a condition deleterious to the Authority's facilities and operations.

Section 504. If any waters or wastes are discharged, or are proposed to be discharged to the public sanitary sewers, which waters contain substances in excess of the determined limits as set forth in Section 503 of this article this article, and which in the judgment of the Authority, may have a deleterious effect upon the facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitutes a public nuisance, the Authority may do any or all of the following:

(a) Reject the wastes.

(b) Require pretreatment to an acceptable condition prior to discharge to the public sanitary sewers.

(c) Require payment to cover the added cost of handling and treatment of wastes not covered by sewer charges under the provisions of Section 511 of the Article.

If the Authority requires the pretreatment or equalization of waste flows, the design and installation of the process structures and equipment shall be subject to the review of the Authority and subject to the requirements of all applicable codes, ordinances, and laws. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for review. No construction of such facilities shall be commenced until the review is completed and permission to proceed is obtained in writing.

Section 505. No industrial septage from septic tanks, cesspools, or other receptacles storing organic wastes shall be discharged to the Authority facilities.

Section 506. Grease, oil, and sand interceptors shall be provided for the proper handling of liquid wastes containing floatable grease , or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required on services functioning solely for private living quarters or private dwelling units. All interceptors shall be of a type and capacity approved by the Authority, and shall be located as to be readily and easily accessible for cleaning and inspection.

External grease interceptors shall be required for all new construction of restaurants. Internal grease interceptors shall be required of all existing restaurants. All interceptors shall be of a type and capacity approved by the Authority, and shall be located as to be readily and easily accessible for cleaning and inspection.

In maintaining external and internal grease interceptors the owner(s) shall be responsible for the proper removal and disposal by legal and environmentally-safe methods of the captured material, and shall maintain records of the date, name of hauler, quantity hauled, and means of disposal. Signed copies of these records shall be submitted every 6 months to the Authority. Any removal and hauling of the collected materials not performed by owner(s) personnel shall be performed by state licensed waste disposal firms.

Section 507. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

Section 508. When required by the Authority, the owner of any property serviced by a building sewer into which industrial wastewaters are discharged shall install a suitable control manhole together with such necessary monitoring equipment and other appurtenances to facilitate observation, sampling and measurement of the wastewaters in the building sewer. Such manholes and equipment, when required, shall be safely and accessibly located, and shall be constructed in accordance with plans reviewed by the Authority. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. The owner shall, if required by the Authority, perform flow measurements and analyses of the wastewaters at his expense.

Section 509. The Authority may require a user of sewer services to provide information needed to determine compliance with these Rules and Regulations. The requirements may include:

(a) wastewater discharge peak rate and volume over a specified time period,

(b) chemical analyses of wastewater performed by a laboratory that satisfactorily participates in the United States Environmental Protection Agency (USEPA) Water Pollution Series of Performance Evaluations,

(d) quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control,

(e) a plot plan of the user's property showing location of all structures, water lines, storm drainage, sewers and pretreatment facility location, drawn to a scale determined by the Authority.

(f) details of wastewater pretreatment facilities design and construction, and

(g) details of systems to prevent spills or control the losses of materials through spills to the public sewer.

Section 510. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with Standard Methods or equivalent USEPA methods as outlined in 40 CFR, Part 26l, October 26, 1985, and shall be determined at the control manhole provided and be based on suitable samples taken at said manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out as outlined in the USEPA Handbook for Sampling and Sample Preservation of Water and Wastewater to reflect the effect of constituents upon the Authority's facilities and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken.) Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls, whereas pHs are determined from periodic grab samples. The owner shall submit on the first of the month the results of any monitoring and testing required by the Authority. These records shall be available for review by local, state and federal agencies.

All industries discharging into a public sewer shall perform such monitoring of their discharges as the Authority may reasonably require, including installation, use, and maintenance of appropriate sampling and monitoring equipment, keeping records and reporting the results of such monitoring to the Authority. Such records shall be made available upon request by the Authority to other agencies having jurisdiction over discharges to the receiving waters.

Section 511. The Authority shall require forty-five (45) days' notification of any new proposed discharge having a daily flow greater than 2 percent of the average daily flow of the Authority's facilities. In addition, changes in volume or character of wastewater greater than twenty (20) percent over that being discharged at the time of issuance of the last permit shall require said notification.

Section 512. No statement contained in this article shall be construed by an industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Authority for treatment, subject to payment thereof, by the industrial concern, provided that such agreements do not contravene any requirements of existing Federal or State laws and/or regulations promulgated thereunder, and are compatible with any user charge and industrial cost recovery system in effect.

ARTICLE VI
Sewer Extensions

Section 601. Sewer extensions may be constructed only after approval by a majority vote of the Board of the Authority. All sewer extensions within the Authority shall be designed by an engineer registered in the State of Pennsylvania and shall be constructed, tested, operated and maintained in compliance with the Dallas Area Municipal Authority’s Rates, Rules and Regulations.

Section 602. Property owners, builders, developers or other interested persons may, after making an application with the Authority, seek approval of the Board to construct, at their own expense, a sewer extension. The Board will approve construction of such a sewer extension:

(a) If the applicant satisfies the Board that the construction, testing, operation and maintenance of the extension will all be done in compliance with these regulations, local ordinances, and all other applicable regulations or statutes; and

(b) If the Board finds that the construction of the sewer extension is warranted either to serve existing or potential users.

Section 603. Any person applying to construct a sewer extension shall pay an application fee as determined by the Authority’s Engineer and shall deposit with the Authority sufficient moneys to cover the estimated expense to engage an engineer who will review the construction plans to insure that the plans meet the requirements of the Sewer Use Rules and Regulations. With respect to either the design or construction of a sewer extension, the decision of the Authority's Engineer about matters of quality or methods of construction shall be final.

Section 604. A privately constructed sewer extension shall be designed and constructed to anticipate and allow for all possible future system extensions or developments within the drainage area.

Section 605. Until ownership of a privately constructed sewer extension is conveyed to the Authority as provided by Article VII herein, the owner of a sewer extension shall be responsible for and shall pay all costs incurred to design, construct, test, operate and maintain such sewer extension.

Section 606. Any private person who constructs and/or owns a sewer extension shall indemnify and hold harmless the Dallas Area Municipal Authority, the local governing agency, and their authorized employees and representatives, against any and all claims, liabilities, or actions for damages incurred with or in any way connected with the design, construction, testing, operation and/or maintenance of such sewer extension. Further, any contractor constructing such an extension must present a certificate of insurance showing minimum liability coverage or $1,000,000 for bodily injury and $100,000 for property damage including underground collapse and completed operations coverage with the Authority listed as additional insured before a permit for construction of a sewer extension will be issued. Higher coverage may be required if the Executive Director of the Authority deems it appropriate.

Section 607. A sewer extension constructed by a private person shall not be connected to the Authority's facilities until:

(a) The completed extension has passed all testing requirements;

(b) The Authority’s Engineer or Inspector certifies that the sewer extensions was constructed in accordance with the plans and the Rules and Regulations;

(c) All the expenses the Authority incurred to review the construction plans and to inspect and monitor construction are paid;

(d) One (1) set of reproducible mylar record drawings and a digital copy in AutoCad – latest release of the completed sewer have been provided to the Authority; and

(e) All other applicable fees have been paid.

ARTICLE VII
Transfer of Ownership of Private Sewer Systems

Section 701. The owner of a private sewer system, constructed prior to the effective date of these regulations, may request that the Authority take over ownership of the private sewer system, and after reviewing the owner's application and finding that the owner has met the requirements contained herein, the Board may accept a transfer of ownership and responsibility for the private sewer system.

Section 702. The owner of a private sewer system constructed after the effective date of these regulations shall within six months after the private system is connected to the Authority's system request that the Authority take over ownership of private sewer system, and after reviewing the owner's application and finding that the owner has met the requirements contained herein, the Authority shall accept a transfer of ownership and responsibility for the private sewer system.

Section 703. Before the Authority takes over ownership of any private sewer system, the owner must establish that the sewer, including pump stations and other equipment, meets all requirements of the Rules and Regulations as existing and in force at the time the Board agrees to take over ownership.

Section 704. Before the Authority takes over ownership of any private sewer system, the owner shall have the private sewer system tested to establish that it meets or exceeds the exfiltration and infiltration standards set forth in the Rules and Regulations. The testing shall be done in accordance with the procedures set forth in the Rules and Regulations unless the Executive Director of the Authority certifies that such tests are not necessary or feasible, in which case the Executive Director may specify alternative methods of testing.

Section 705. The transfer of all personal property associated with the private sewer system shall be evidenced by a good and sufficient bill of sale in a form acceptable to the Board and shall be free and clear of any and all claims or encumbrances.

Section 706. The Board shall determine the extent to which a transfer of real property associated with the private sewer system may be accomplished by easement or by conveyance of a fee interest. All easements shall be conveyed by good and sufficient easement deeds in a form acceptable to the Authority. All fee interests shall be conveyed by warranty deed. Regardless of whether an easement or fee is conveyed, the conveyance shall be free of any and all claims or encumbrances. Further, the owner of the private sewer system shall provide the Authority with a survey in recordable form describing any interest in real property which the owner proposes to convey to the Authority.

Section 707. At the time of the transfer the owner shall execute a written warranty in a form acceptable to the Board guaranteeing that the private sewer system meets each and every requirement contained herein, and that for a period of eighteen months from the date of the transfer, the private sewer system and all equipment associated with it will operate without the need for any repairs other than normal maintenance. Further, the owner will provide the Authority with a bond or letter of credit in a form and amount acceptable to the Board which will be payable in the event that the private sewer system is repaired during the warranty period and the owner does not make timely payment for those repairs.

Section 708. The owner will pay all cost or expenses, including but not limited to attorney's and engineering fees, which the Authority incurs in order to accomplish the transfer of ownership of a private sewer system.

ARTICLE VIII
Powers and authority of Inspectors

Section 801. Duly authorized representatives of the Authority bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing pertinent to discharge to the public sewer system in accordance with the provisions of these regulations and other applicable regulations, ordinances or statutes but only at reasonable times and upon reasonable notice. The Authority and its representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the Authority's facilities or waterways. Any information so obtained and considered as proprietary shall be held so by the Authority.

Section 802. While performing necessary work on private properties referred to in Article VIII, Section 801 above, the Authority's duly authorized representative shall observe all reasonable safety rules as established by the company.

Section 803. The Authority and other duly authorized employees of the Authority bearing proper credentials and identification shall be permitted to enter all private properties through and over which the Authority holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the Authority's facilities lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

Section 804. In the event a duly authorized representative of the Authority, acting under the authority provided in Section 804 above, is denied access to property or if for any other reason the Executive Director of the Authority deems it appropriate, the Executive Director of the Authority may apply to the local legal authority for a warrant to inspect particularly described property for the purposes authorized described in these Regulations.

ARTICLE IX
Sewer Service Charges

Section 901. Purpose
The Board of the Dallas Area Municipal Authority shall establish sewer service charges which shall produce sufficient revenues to pay accrued interest and principal on the Authority's debt, provide for necessary capital expenditures, and to pay all expenses incurred to operate and maintain the Authority's facilities.

Section 902. Definitions
(a) "Church user" shall mean any church, synagogue or other place for conducting religious services.

(b) "Commercial user" shall mean each separately owned, non-residential building, condominium, or other property used for wholesale, retail, or service business purposes, and any not-for-profit institution or agency.

(c) "Commercial charges" shall mean the owner of each commercial facility shall pay, each quarter, a minimum charge equal to the Authority’s prevailing residential charge for 1 EDU (Flat Rate); or a charge based on the total volume of gallons of water used (Metered Rate); or by the Authority estimating the quantity of water used, by whatever method is, in the opinion of the Executive Director, the most accurate. When, in the opinion of the Authority, a commercial facility shall discharge excessively large volumes of wastewater into the sewer system, the Authority may, at its option, apply a metered rate to such commercial connection in place of the flat rate.

(d) "Debt service charge" shall mean the Authority's annual budgeted debt service obligation (as reduced by impact fees) divided by the total number of residential and commercial units, including the total number of ready to serve units.

(e) "Fixed expense charge" shall mean the Authority's annual budgeted amount for expenses which do not vary with the volume of sewerage treated divided by the total number of residential and commercial units but not including the total number of ready to serve units.

(f) "Governmental user" shall mean any legislative, judicial, executive, administrative, and regulatory user of the federal, state and/or local governments. Each "governmental user" shall be treated as a commercial user.

(g) "Industrial user" shall mean any business establishment not otherwise defined herein. Each industrial user shall be treated as a commercial user.

(h) "Ready to Serve unit" shall mean a residence or other building which is within 150' of but is not connected to an accessible sewer.

(i) "Residential user" or "residential unit" shall mean an individual dwelling unit. By way of example, an apartment with four dwelling units shall, regardless of occupancy or ownership, constitute four separate residential users.

(j) "User" shall mean any person or entity which discharges sewerage, either directly or indirectly, into the Authority's system.

(k) "Vacant but developable land" shall mean land which is vacant and unimproved, but which could be improved pursuant to the local Zoning Ordinance and which is within 150' of an accessible sewer.

Section 906. Vacant Lots
Vacant but developable land shall annually be charged a per foot fee for frontage adjacent to an accessible sewer. The per foot charge shall be determined and set by the Board.

Section 907. Surcharge for Treatment of Certain Discharges
If a user discharges wastewater which because of its unusual contents or quantity requires treatment beyond what is normally necessary, then, in addition to user service charges, that user shall pay an additional charge determined by the Executive Director to compensate the Authority for the additional treatment. Sump pumps, floor drains, roof drains and other devices or methods used to deliver water other than wastewater to the Authority's collection systems shall be subject to this section.

Section 908. Person Responsible for Paying the Charge
The property owner shall be responsible for paying all sewer user charges attributed to his parcel of land. If the property owner cannot be readily identified, then the person against whom the property tax for real estate is assessed shall be deemed the owner of the property and shall be responsible for paying the sewer user charges.

Section 909. Billing
The sewer service charge shall be paid in quarterly installments. All bills shall be paid in full within 30 days of the billing date. Interest at the rate determined by the Authority shall be added to bills not paid within 30 days. In the event the Authority institutes legal proceedings to collect sewer user fees, then it shall be entitled to recover its costs and reasonable attorney's fees.

ARTICLE X
Liens on Real Estate for Unpaid Fees

Section 1001. There shall be a lien on real estate served or benefited by a public sewer to secure the payment of sewer service charges or other fees or charges duly established hereunder which shall take precedence over all other claims on such real estate, excepting only claims for taxes as provided for in all township’s and borough’s served by the Dallas Area Municipal Authority. In addition, the Authority, acting through its Solicitor, may bring a civil action against the party so charged for the amount of said sewer service charges, Impact Fees, or other fees or charges in any court competent to try the same, and in such action may recover the amount of such charges or other fees with legal interest on the same from the date of said charge or fee plus costs.

ARTICLE XI
Validity and Penalties

Section 1101. All Authority rules and regulations or parts thereof in conflict herewith are hereby repealed.

Section 1102. The invalidity of any section, clause, sentence, or provision of the Sewer Rules and Regulations shall not affect the validity of any other part of these rules and regulations which shall remain in effect without such invalid part or parts.

Section 1103. Any person violating any provision of these rules and regulations shall be served by the Authority with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

Section 1104. Each day in which any such violation shall continue shall be deemed a separate violation and a civil penalty up to $500.00 may be imposed for each such violation.

Section 1105. Any person violating any of the provisions of these rules and regulations shall become liable to the Authority for any expense, loss or damage occasioned the Authority by reason of such violation.

Section 1106. No representative, employee or agent of the Authority has the right to alter or waive any of these rules, regulations or conditions of service without the specific consent or approval of the Authority's Board.

ARTICLE XII
Miscellaneous

Section 120l. The Board of the Dallas Area Municipal Authority shall have authority to amend these regulations. Such amendments shall be passed by majority vote of the Board.

Section 1202. Prior to the adoption of any such amendment, the Board shall hold a public hearing regarding the proposed amendment. The Board shall publish notice of the hearing to consider the proposed amendment no less than once in a newspaper having a general circulation in the area of the Authority not less than seven (7) days prior to the hearing. The Authority shall also post the proposed amendment and notice of the hearing in a conspicuous public place at least seven (7) days prior to the hearing.