[Adopted 2-16-1984 as Ord. No. 84-6]
It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the Borough to collect charges from all users who contribute wastewater to the Borough's sewerage system. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt for such public sewerage system.
A. 
Unless the context specifically indicates otherwise, the meanings of terms used in this Article shall be as follows:
BOD (denoting "biochemical oxygen demand")
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C., expressed in milligrams per liter (mg/l).
DEBT SERVICE
The total principal and interest payments for a given period.
INDUSTRIAL CONTRIBUTOR
Any contributor to the Borough's sewerage system whose lot, parcel of real estate or building is used for purposes other than domestic dwelling and whose wastewater exceeds the quantity and quality restrictions of normal domestic waste.
LIGHT INDUSTRIAL AND COMMERCIAL CONTRIBUTOR
Any contributor to the Borough's sewerage system whose lot, parcel of real estate or building is used for other than domestic dwelling purposes and whose wastewater characteristics are assumed to be equal to or less than normal domestic waste strength concentrations of 250 milligrams per liter, BOD concentration and suspended solids concentration of 250 milligrams per liter and chlorine demand of not more than one milligram per liter. The average quantity of flow may or may not exceed 85,000 gallons per year.
NORMAL DOMESTIC WASTE
Wastewater in an average quantity of 85,000 gallons per year, with a BOD concentration of not more than 250 milligrams per liter (mg/l) and a suspended solids concentration of not more than 250 milligrams per liter (mg/l) and the chlorine demand of not more than one milligram per liter (mg/l).
OPERATION AND MAINTENANCE
All expenditures during the useful life of the sewerage system for materials, labor, utilities and other items which are necessary for managing and maintaining the sewerage system to achieve the capacity and performance for which such works were designed and constructed.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the sewerage system to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes "replacement."
RESIDENTIAL CONTRIBUTOR
Any contributor to the Borough's sewerage system whose lot, parcel of real estate or building is used for domestic dwelling purposes only.
SEWERAGE SYSTEM
Any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include interceptor sewers, collector sewers, outfall sewers, individual systems, pumping, power and other equipment and their appurtenances; extensions, improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear-well facilities; and any works, including site acquisition of the land, that will be necessary for the installation of interceptor sewers, collection sewers and/or be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment, including land for composting sludge, temporary storage of such compost and land used for the storage of treated wastewater in land treatment systems before land application; or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined stormwater and sanitary sewer systems.
SEWER SERVICE CHARGE
The combination of all service charges for sewer services, including user charges and debt service charges.
SS (denoting "suspended solids")
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
USEFUL LIFE
The estimated period during which the sewerage system will be operated.
USER CHARGE
That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, replacement and debt service of the sewerage system.
WATER METER
A water volume measuring and recording device furnished and/or installed by the water purveyor or furnished and/or installed by a user and approved by the water purveyor.
B. 
"Shall" is mandatory; "may" is permissive.
A. 
The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance, including replacement and costs associated with debt retirement of bonded capital associated with financing the sewerage system which the Borough may, by ordinance, designate to be paid by the user charge system. The user charge, that portion of the total sewer service charge which is designated for operation and maintenance, including replacement of the sewerage system, shall be established by this article.
B. 
Under the user charge system, the Borough will establish a financial management system that will accurately account for revenues generated by the system and expenditures for operation and maintenance, including replacement, of the treatment system.
[Added 12-5-1985 by Ord. No. 85-50; amended 7-7-1988 by Ord. No. 88-19]
Each user shall pay for the services provided by the Borough based on his use of the sewerage system as determined by water meter(s) accepted by the Borough. The Borough may, upon written request from the user, allow the user to install a meter on the sewage flow and use readings from the sewerage system in lieu of flows recorded on the water meter.
A. 
For residential contributors other than mentioned below, a flat annual charge will be set and paid semiannually. The annual charge will be based on 85,000 gallons of water usage per year, 250 milligrams per liter of BOD, 250 milligrams per liter of suspended solids and one milligram per liter of chlorine demand.
[Amended 12-5-1985 by Ord. No. 85-50; 7-7-1988 by Ord. No. 88-19]
B. 
For residential contributors from garden apartments, project apartments and/or trailers, a flat annual charge will be set and paid semiannually. The annual charge will be based on 63,750 gallons of water usage per year, 250 milligrams per liter of BOD, 250 milligrams per liter of suspended solids and one milligram per liter of chlorine demand.
[Amended 12-5-1985 by Ord. No. 85-50; 7-7-1988 by Ord. No. 88-19]
C. 
For industrial and commercial contributors, user charges shall be based on water use during the current period. If a commercial and industrial contributor has a consumptive use of water or, in some other manner, uses water which is not returned to the wastewater collection system, the user charge for that contributor may be based on a wastewater meter(s) or a separate water meter(s) installed or maintained at the contributor's expense and in a manner acceptable to the Borough. Conversely, if a commercial and industrial contributor has an additional amount of water which is added to the municipal system over and above its measured consumptive use (i.e., stormwater), the municipality reserves the right to require the commercial or industrial user to properly install and maintain, at the contributor's expense, a wastewater meter(s). While user charges shall be based on water use, industrial and commercial contributors shall in no event pay an amount less than the equivalent bill charged to one residential contributor.
[Amended 12-5-1985 by Ord. No. 85-50; 7-7-1988 by Ord. No. 88-19]
D. 
Each residential contributor unit shall have:
[Amended 12-5-1985 by Ord. No. 85-50; 7-7-1988 by Ord. No. 88-19; 2-2-1989 by Ord. No. 89-1; 4-5-1990 by Ord. No. 90-13; 10-18-1990 by Ord. No. 90-43; 12-6-1990 by Ord. No. 90-51; 2-2-1995 by Ord. No. 95-2; 2-16-1995 by Ord. No. 95-11; 6-5-1997 by Ord. No. 97-16; 12-16-2004 by Ord. No. 04-37; 8-22-2019 by Ord. No. 19-18]
2019
2020
2021
Annual fixed fee
Rate per 1,000 gallons
$3.50
$3.60
$3.70
Gallon allowance
$24,639
$24,639
$24,639
Consumption factor
$1,995
$1,995
$1,995
Minimum annual fee
$360
$370
$380
Maximum annual fee
$600
$650
$700
Garden apartments, project apartments, trailer annual flat rate
$360
$370
$380
E. 
Residential contributors, other than garden apartments, project apartments and trailers, shall pay an annual fee as stated in Subsection D.
[Amended 12-5-1985 by Ord. No. 85-50; 7-7-1988 by Ord. No. 88-19; 2-2-1989 by Ord. No. 89-1; 4-5-1990 by Ord. No. 90-13; 10-18-1990 by Ord. No. 90-43; 12-6-1990 by Ord. No. 90-51]
F. 
Any user which discharges any pollutants which cause an increase in the cost of managing the effluent or the sludge from the Borough's sewerage system or any user which discharges any substance which, singly or by interaction with other substances, causes identifiable increases in the cost of operation, maintenance or replacement of the sewerage system shall pay for such increased costs. The charge to each such user shall be determined by the responsible plant operating personnel and approved by the Borough Council.
[Amended 12-5-1985 by Ord. No. 85-50; 7-7-1988 by Ord. No. 88-19]
[Amended 12-5-1985 by Ord. No. 85-50; 7-7-1988 by Ord. No. 88-19]
Special categories which are not covered under § 207-18 will be treated as follows:
A. 
Multifamily dwelling units, such as condominiums and two-family homes, shall be treated as one unit for each residential dwelling unit with kitchen facilities. These shall be charged an annual fixed fee as stated in § 207-18D.
[Amended 10-18-1990 by Ord. No. 90-43; 12-6-1990 by Ord. No. 90-51]
B. 
Fraternal organizations, service organizations, public buildings, offices and light industrial and commercial establishments, e.g., retail, services, supermarkets, etc., shall pay a minimum fee for 37,500 gallons of water (wastewater) semiannually, and 180 pounds of BOD, 180 pounds of suspended solids and 0.7 pounds of chlorine demand, annually. For the amount in excess of these flows and strengths, user categories on the basis of the samples analyzed are as follows:
[Amended 2-2-1989 by Ord. No. 89-1; 4-5-1990 by Ord. No. 90-13; 2-16-1995 by Ord. No. 95-11; 6-5-1997 by Ord. No. 97-16; 2-7-2002 by Ord. No. 02-1; 7-9-2003 by Ord. No. 03-18; 12-16-2004 by Ord. No. 04-37]
(1) 
Category 1. (CO1) Medical, retail stores and light industrial will be charged a minimum semiannual fee for the first 37,500 gallons of water (wastewater) and thereafter, a rate per 1,000 gallons in excess of 37,500 gallons of water (wastewater). The minimum semiannual fees and rates are as follows:
[Amended 3-4-2010 by Ord. No. 10-02; 8-22-2019 by Ord. No. 19-18]
Calendar Year
Minimum Fee
(semiannual)
Rate Per 1,000 Gallons in Excess of the Minimum
2019
$475
$11.30
2020
$500
$11.87
2021
$525
$12.46
(2) 
Category 2. (CO2) Fraternal organizations, service organizations, public buildings, and offices will be charged a minimum semiannual fee for the first 37,500 gallons of water (wastewater) and thereafter, a rate per 1,000 gallons in excess of 37,500 gallons of water (wastewater). The minimum semiannual fees and rates are as follows:
[Amended 3-4-2010 by Ord. No. 10-02; 8-22-2019 by Ord. No. 19-18]
Calendar Year
Minimum Fee
(semiannual)
Rate Per 1,000 Gallons in Excess of the Minimum
2019
$475
$11.63
2020
$500
$12.21
2021
$525
$12.82
(3) 
Category 3. (CO3) Services and supermarkets will be charged a minimum semiannual fee for the first 37,500 gallons of water (wastewater) and thereafter, a rate per 1,000 gallons in excess of 37,500 gallons of water (wastewater). The minimum semiannual fees and rates are as follows:
[Amended 3-4-2010 by Ord. No. 10-02; 8-22-2019 by Ord. No. 19-18]
Calendar Year
Minimum Fee
(semiannual)
Rate Per 1,000 Gallons in Excess of the Minimum
2019
$475
$12.33
2020
$500
$12.95
2021
$525
$13.60
(4) 
Category 4. (CO4) Food services will be charged a minimum semiannual fee for the first 37,500 gallons of water (wastewater) and thereafter, a rate per 1,000 gallons in excess of 37,500 gallons of water (wastewater). The minimum semiannual fees and rates are as follows:
[Amended 3-4-2010 by Ord. No. 10-02; 8-22-2019 by Ord. No. 19-18]
Calendar Year
Minimum Fee
(semiannual)
Rate Per 1,000 Gallons in Excess of the Minimum
2019
$475
$13.30
2020
$500
$13.97
2021
$525
$14.69
(5) 
Category 5. (CO5) For the year 2010 industrial users shall be billed a flow charge per 1,000 gallons of water (wastewater) at a rate of $8.50 up to 37,500,000 gallons and a rate of $10.50 for gallons in excess of 37,500,000.
[Amended 3-4-2010 by Ord. No. 10-02]
(6) 
(C06) Residential dwelling units without kitchen facilities, such as hotels, motels and boarding houses, etc., shall have to pay a flat annual rate of $350 per annum.
[Amended 2-3-2005 by Ord. No. 05-01]
(7) 
Category 7:
[Amended 8-22-2019 by Ord. No. 19-18]
(a) 
Category 7. (CO7) Churches will be charged a minimum semiannual fee for the first 37,500 gallons of water (wastewater) and thereafter, a rate per 1,000 gallons in excess of 37,500 gallons of water (wastewater). The minimum semiannual fees and rates are as follows:
Calendar Year
Minimum Fee
(semiannual)
Rate Per 1,000 Gallons in Excess of the Minimum
2019
$250
$6.72
2020
$265
$7.06
2021
$278
$7.41
(8) 
Category 8. (CO8) Funeral homes will be charged a minimum semiannual fee for the first 37,500 gallons of water (wastewater) and thereafter, a rate per 1,000 gallons in excess of 37,500 gallons of water (wastewater). The minimum semiannual fees and rates are as follows:
[Amended 3-4-2010 by Ord. No. 10-02; 8-22-2019 by Ord. No. 19-18]
Calendar Year
Minimum Fee
(semiannual)
Rate Per 1,000 Gallons in Excess of the Minimum
2019
$840
$13.30
2020
$885
$13.97
2021
$930
$14.67
(9) 
Category 9 (C09). Schools will be charged a minimum semiannual fee for the first 37,500 gallons of water (wastewater) and thereafter, a rate per 1,000 gallons in excess of 37,500 gallons of water (wastewater). The minimum semiannual fees and rates are as follows:
[Added 8-22-2019 by Ord. No. 19-18]
Calendar Year
Minimum Fee
(semiannual)
Rate Per 1,000 Gallons in Excess of the Minimum
2019
$550
$11.34
2020
$580
$11.91
2021
$610
$12.51
(10) 
Category 10 (C10). County parks will be charged a minimum semiannual fee for the first 37,500 gallons of water (wastewater) and thereafter, a rate per 1,000 gallons in excess of 37,500 gallons of water (wastewater). The minimum semiannual fees and rates are as follows:
[Added 8-22-2019 by Ord. No. 19-18]
Calendar Year
Minimum Fee
(semiannual)
Rate Per 1,000 Gallons in Excess of the Minimum
2019
$2,100
$0.00
2020
$2,200
$0.00
2021
$2,310
$0.00
A. 
All users shall be billed semiannually. Billings for any particular period shall be made within 30 days after the end of that period. Payments are due when the billings are made. Any payment not received within 30 days after the billing shall be delinquent.
[Amended 12-5-1985 by Ord. No. 85-50; 7-7-1988 by Ord. No. 88-19]
B. 
A late payment of 1.5% of the user charge bill will be added to each delinquent bill for each 30 days of delinquency. When any bill is 30 days in default, rendition of water and/or sewer service to such premises shall be discontinued until such bill is paid, following due notice and opportunity for hearing.
[Amended 12-5-1985 by Ord. No. 85-50; 7-7-1988 by Ord. No. 88-19]
C. 
Should any user believe that he has been incorrectly assigned to a particular user class or incorrectly assigned a wastewater volume or strength, or should any user believe that a portion of his metered flow is not discharged into the sewerage system, that user may apply for review of his user charge as provided in § 207-21B, C and D of this article.
D. 
All users contributing more than 25,000 gallons per day and/or whose waste strength is greater than 250 milligrams per liter of BOD or 250 milligrams per liter of suspended solids or one milligram per liter for chlorine demand shall prepare and file with the Borough a report that shall include pertinent data relating to the wastewater characteristics, including the methods of sampling and measurement to obtain these data, and these data shall be used to calculate the user charge for that user. The Borough shall have the right to gain access to the waste stream and take its own samples. Should the Borough do so and should the results be substantially different, as determined by the Borough Engineer, from the data submitted by the user, the user charge for that user shall be revised accordingly and shall be effective retroactively up to 12 months.
E. 
The Borough will notify each user at least annually, in conjunction with a regular bill, of the rate being charged, showing the portion of the rate attributable to operation and maintenance and the portion attributable to wastewater treatment services.
[Added 12-5-1985 by Ord. No. 85-50; amended 7-7-1988 by Ord. No. 88-19]
A. 
The Borough will review the user charge system periodically and revise user charge rates as necessary to ensure that the sewerage system generates adequate revenues to pay for the cost of operation, maintenance and debt service, including replacement, and that the system continues to provide for proportional distribution of operation and maintenance and debt service, including replacement costs. Adequate records to document compliance with the user charge requirements, including records of biennial reviews, will be maintained.
B. 
Any sewer user who feels his user charge is unjust and inequitable as applied to his premises within the intent of the foregoing provisions may make written applications to the Borough Council requesting a review of his user fee, after depositing with the Borough the full amount of the semiannual charge levied by the Borough. Said written request shall, where necessary, show the actual or estimated average flow and/or strength of his wastewater in comparison with the values upon which the charge is based, including how the measurements or estimates were made.
[Amended 12-5-1985 by Ord. No. 85-50; 7-7-1988 by Ord. No. 88-19]
C. 
Review of the request shall be made by the Borough Council, which shall determine if it is substantiated or not, including recommending further study of the matter.
D. 
If the request is determined to be substantiated, the user charges for that user shall be recomputed based on the approved revised flow and/or strength data and the new charges thus recomputed shall be applicable retroactively up to six months, as applicable. If it is determined that a credit is due the user, this credit shall be applied to subsequent semiannual bills until the entire credit has been utilized.
[Amended 12-5-1985 by Ord. No. 85-50; 7-7-1988 by Ord. No. 88-19]