Township of Upper Merion, PA
Montgomery County
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Table of Contents
Table of Contents
[Adopted 12-15-1975 as Ord. No. 75-352]

§ 133-22 Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this article and in the regulations adopted pursuant thereto shall be as follows:
COMMERCIAL ESTABLISHMENT
Any structure intended to be used wholly or in part for the purpose of carrying on a trade, business or profession or for social, amusement, religious, educational, charitable or public uses.
DOMESTIC WASTEWATER
The normal waterborne household and toilet wastes from residences, business buildings, institutions and commercial and industrial establishments.
GARBAGE
The solid waste from the domestic and commercial preparation, cooking and disposing of food and from the handling, storage and sale of produce.
GARBAGE-GRINDING DEVICE
That electric-driven mechanical shredding equipment installed as part of residential plumbing system or specifically equipped commercial or industrial system to properly shred garbage prior to its discharge into the wastewater system.
INDUSTRIAL ESTABLISHMENT
Any structure intended to be used wholly or in part for the manufacturing, fabricating, storing or warehousing, processing, cleaning, laundering or assembling of any product, commodity or article.
INDUSTRIAL WASTEWATER
Any solid, liquid or gaseous substance or waterborne wastes or form of energy rejected or escaping from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources, as distinct from domestic wastewater.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise or legal entity.
PRIVATE DWELLING OR LIVING UNIT
Any structure intended to be occupied as a whole by one family or an apartment intended to be occupied by one family, or any other one-family living unit.
TOWNSHIP
Upper Merion Township, Montgomery County, Pennsylvania.
WASTEWATER SYSTEM
All facilities operated by the Township for the collection, treatment and disposal of domestic wastewater and acceptable industrial wastewater in and for the Township.
WATER COMPANY
That private water company providing water service to the customer.

§ 133-23 Imposition of terms.

There is hereby imposed upon each property located within the limits of the Township, served by the wastewater system and having the use thereof, sewer rents or charges, payable as hereinafter provided, for the use, whether direct or indirect, of the wastewater system, based on the schedules of classifications and rates hereinafter set forth.

§ 133-24 Flat rates for classifications other than industrial and commercial establishments.

[Amended 1-18-1982 by Ord. No. 82-429; 2-4-1985 by Ord. No. 85-472; 12-31-1985 by Ord. No. 86-480; 3-18-1991 by Ord. No. 91-588; 2-3-1994 by Ord. No. 94-618; 2-5-2004 by Ord. No. 2004-731; 2-3-2005 by Ord. No. 2005-743; 2-17-2011 by Ord. No. 2011-797; 2-16-2012 by Ord. No. 2012-802; 3-1-2012 by Res. No. 2012-4; 2-21-2013 by Ord. No. 2013-8; 1-23-2014 by Res. No. 2014-4; 3-27-2014 by Res. No. 2014-22; 2-26-2015 by Res. No. 2015-5]
Flat rates for classifications other than industrial and commercial establishments shall be as follows:
Customer Classification
Rental
(per quarter)
Each private dwelling or living unit
$69
Each firehouse or municipal building
$69
Each church
$69

§ 133-24.1 Reclassification to residential flat rate.

[Added 12-8-2005 by Ord. No. 2005-751; amended 2-17-2011 by Ord. No. 2011-797; 2-16-2012 by Ord. No. 2012-802; 3-1-2012 by Res. No. 2012-4; 2-21-2013 by Ord. No. 2013-8; 1-23-2014 by Res. No. 2014-4; 3-27-2014 by Res. No. 2014-22; 2-26-2015 by Res. No. 2015-5]
Beginning January 1, 2015, any residential property transferred in accordance with the Upper Merion Township Code, Chapter 130, Real Estate Registry, will be reclassified to the residential flat rate of $69 per quarter.

§ 133-24.2 Decrease in quarterly sewer rates prohibited.

[Added 11-6-2008 by Ord. No. 2008-774; amended 2-17-2011 by Ord. No. 2011-797; 2-16-2012 by Ord. No. 2012-802; 2-21-2013 by Ord. No. 2013-8; 1-23-2014 by Res. No. 2014-4; 3-27-2014 by Res. No. 2014-22; 2-26-2015 by Res. No. 2015-5]
Once a quarterly sewer rate of $69 is established, the rate shall not be lowered.

§ 133-25 Meter rates for industrial and commercial establishments.

[Amended 1-18-1992 by Ord. No. 82-429; 2-4-1985 by Ord. No. 85-472; 12-31-1985 by Ord. No. 86-840; 3-18-1991 by Ord. No. 91-588; 2-3-1994 by Ord. No. 94-618; 10-7-1999 by Ord. No. 99-693;2-5-2004 by Ord. No. 2004-731; 2-3-2005 by Ord. No. 2005-743; 2-17-2011 by Ord. No. 2011-797; 2-16-2012 by Ord. No. 2012-802; 3-1-2012 by Res. No. 2012-4; 2-21-2013 by Ord. No. 2013-8; 1-23-2014 by Res. No. 2014-4; 3-27-2014 by Res. No. 2014-22; 2-26-2015 by Res. No. 2015-5]
Meter rates for industrial and commercial establishments shall be as follows:
A. 
Meter rates: Except for those customer classifications enumerated in § 133-24 hereof, the quarterly sewer rents or charges shall be based on the quantity of water used, as evidenced by readings of water meters installed by the water company providing service to a property and such other meters or measuring devices as may be installed and shall be subject to minimum charges hereinafter provided, as follows:
Quantity of Water Used
(gallons per quarter)
Quarterly Rate
(per thousand gallons)
From 0 to 20,000
$5.15
Next 80,000
$3.35
All over 100,000
$2.70
B. 
Minimum rates. Regardless of water consumption, the minimum charge for domestic wastewater from industrial and commercial establishments (other than churches) shall not be less than the respective amounts set forth in the following schedule:
(1) 
Public or private school: $7.60 per year per pupil, based upon the daily average number of pupils enrolled on days when the school was in session during the full school term immediately preceding the date of each quarterly bill. Teachers and employees shall be classified as pupils for sewer rental purposes.
(2) 
Institutions: $28 per quarter per patient, based upon the daily average number of patients for the full quarter immediately preceding the date of each quarterly bill. Guests and employees shall be classified as patients for sewer rental purposes.
(3) 
Retail gas stations: $132.50 per quarter.
(4) 
Motels and hotels: $28 per quarter per bedroom.
(a) 
Hotel suites/nursing unit (3/4 of an EDU): $42.15 per quarter per hotel suite.
(5) 
Commercial establishments (not listed in preceding sections) not regularly dispensing food or beverages for consumption on the premises: $6.30 per quarter per employee, plus $69 per quarter for each public restroom. Minimum charge: $69 per quarter.
(6) 
Restaurants, bar rooms, taverns, drive-ins or other commercial establishments (not listed in preceding sections) which regularly dispense food or beverages: $6.30 per quarter per employee, plus $7.75 per quarter for each seat regularly intended for customer use. Minimum charge: $132.50. When facilities are irregularly used, such as banquet rooms, the owner and/or lessee of such facilities shall furnish a record quarterly to the Township, indicating the total number of seats occupied for each occasion during the last quarter. The following rates shall apply to such use: $14.50 per quarter per 100 seat occupancies.
(7) 
Industrial establishments: $6.30 per quarter per employee (based upon the average number of employees for the quarter immediately preceding the quarter being billed), plus $3 per quarter for each seat regularly intended for use by employees in company cafeterias or other regular food dispensing area with a full kitchen to prepare foods on the site.
(8) 
Multiple use: In case of a combination of one or more commercial or business establishments in one building when each establishment has the use of the sewer system through one sewer connection, then each such commercial or business establishment shall be charged the foregoing rates as though each establishment were in a separate structure and as though each establishment had a direct and separate connection to the sewer system.
C. 
Rates for use of garbage grinding devices: In addition to the meter rates and minimum rates set forth heretofore in Subsection A or B, there shall be charged the following quarterly annual rate against the users of garbage grinding devices, as follows:
(1) 
The quarterly annual sewer rental bill shall be computed under Subsection A or B above plus an amount computed by multiplying $495 times the rating of the prime mover of the garbage grinding device in horsepower.

§ 133-26 Refusal of proposed connections.

The Township reserves the right to refuse a proposed combination to its wastewater system for the discharge of industrial wastes which will prejudicially affect its wastewater system or its functioning or the processes of wastewater treatment.

§ 133-27 Changes in classification.

If the use or classification of any property should change within any quarter, the difference in sewer rental, prorated on a monthly basis to the nearest calendar month, will be charged or credited, as the case may be, on the bill for the succeeding quarter. Additional classifications and additional sewer rentals may be established by the Township from time to time.

§ 133-28 Frequency of payment.

[Amended 3-4-2010 by Ord. No. 2010-788]
A. 
Residential properties. Sewer rentals or charges shall be paid semiannually, and semiannual billings for sewer rentals shall be made by bills dated on the first days of January and July of each year for the semiannual calendar period immediately preceding the date of the bill. The bills for sewer rentals under § 133-24, for the first period during which the property is connected, will be prorated on the basis of the period rate. All bills shall be due and payable on their respective dates.
B. 
Commercial and industrial establishments: Sewer rentals or charges shall be paid quarterly, and quarterly billings for sewer rentals shall be made by bills dated, on the first days of March, June, September and December of each year for the quarterly calendar period immediately preceding the date of the bill. The bills for sewer rentals under § 133-25A, B and C, for the first quarter during which a property is connected, will be prorated on the basis of the quarterly rate. All bills shall be due and payable on their respective dates.

§ 133-29 Penalties for delinquent payments.

A. 
Pursuant to authority set forth in the Municipal Claims and Tax Liens Act, being the Act of May 6, 1923, P.L. 207, as amended, 53 P.S. § 7101 et seq., residential sewer rentals assessed pursuant to this article shall be due and payable on the date set forth on the quarterly bills. Commercial/industrial sewer rentals assessed pursuant to this article shall be due and payable on the date set forth on the quarterly bills. If the same are not paid on said date, a penalty of 10% of the amount due shall be added thereto, plus interest at the rate of 10% per annum from the date of the filing of any lien for said municipal sewer claim until payment.
[Amended 7-20-1992 by Ord. No. 92-598; 3-4-2010 by Ord. No. 2010-788; 9-20-2012 by Ord. No. 2012-807; 2-26-2015 by Res. No. 2015-5]
(1) 
Pursuant to the Municipal Claims and Tax Liens Act, the Township will impose attorneys' fees, including lien and lien satisfaction fees, on the collection of delinquent accounts upon the delinquent property owner or customer at such rates as are listed in Chapter A173, Fees, of the Upper Merion Township Code, as amended. Any authorized actions taken by the Township Solicitor in the collection of a delinquent account not to be detailed in Chapter A173 shall be charged against the delinquent account at the Solicitor's then-current hourly rate charged to the Township. Additionally, the Township will impose such other fees on the collection of delinquent accounts permissible by law and as are listed in Chapter A173, Fees, of the Upper Merion Township Code, as amended, incurred by the Township in the collection of such delinquent accounts.
B. 
All persons connected to the wastewater system must give the Township their correct address. Failure to receive bills will not be considered an excuse for nonpayment nor permit an extension of the period during which bills are payable at face.
C. 
All unpaid sewer bills, together with any penalty and interest due thereon, shall be delinquent. All delinquent wastewater rentals and all penalties thereon shall be a lien against such property in the office of the Prothonotary of Montgomery County and shall be collected in the manner provided by law for the filing and collection of such liens.

§ 133-30 Wastewater revenues to be segregated.

The funds received by the Township from the collection of the connection charges and from wastewater sewer rentals and charges and all penalties thereon as herein provided for and any fines collected by the Township in connection with the wastewater system shall be segregated, earmarked and deposited in a separate fund to be designated "Sewer Revenue Account" and shall be used only for the purpose of defraying the expenses of the Township in the operation, maintenance and repair of the wastewater system or other expenses in relation to such wastewater system and for such payment as the Township may be required to make under any lease or agreement it may enter into for and of or in connection with said wastewater system with the Authority in connection with the provisions of the Act of May 2, 1945, P.L. 382, as amended.[1]
[1]
Editor's Note: See the Municipality Authorities Act of 1945, 53 P.S. § 301 et seq.

§ 133-31 Adoption of rules and regulations.

The Board of Supervisors shall adopt, revise, amend and readopt such rules and regulations as it deems necessary and proper for the use and operation of the wastewater system, and all such rules and regulations shall be and become a part of this article.

§ 133-32 (Reserved) [1]

[1]
Editor's Note: Former § 133-32, Violations and Penalties, as amended, was repealed 9-20-2012 by Ord. No. 2012-807.

§ 133-33 Repealer.

The provisions of Ordinance No. 71-270, enacted March 8, 1971, and all amendments thereto, being Ordinance Nos. 71-280, 73-305 and 73-310, are hereby repealed in their entirety by the passage of this article.