[Adopted 10-13-1970 by Ord. No. 70-06;
amended in its entirety 5-29-1990 by Ord. No. 90-09]
[1]
Editor's Note: These regulations are applicable
to the DARA service area.
As used in this article, the following terms
shall have the meanings indicated. The word "shall" is mandatory,
while the word "may" is permissible.
The Uwchlan Township Municipal Authority.[1]
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.[2]
The Downingtown Area Regional Authority, a political subdivision
of the Commonwealth of Pennsylvania.[3]
The solid waste from the domestic and commercial preparation,
cooking and disposal of food, and from the handling, storage and sale
of produce.
Any structure intended to be used wholly or in part for the
manufacturing, fabricating, storage or warehousing, processing, cleaning,
laundering or assembling of any product, commodity or article.
Any solids, liquids or gaseous substance 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 and distinct from sanitary sewage.[4]
Any individual, firm, company, partnership, corporation,
association, group or society, including the state and agencies, districts,
commissions and political subdivision created by or pursuant to state
law and federal agencies, departments or instrumentalities thereof.[5]
[Amended 10-22-2009 by Ord. No. 2009-04]
Any structure intended to be occupied as a whole by one family.[6]
The normal waterborne waste from a household, and toilet
wastes from residences, business buildings, institutions, commercial
and industrial establishments.
Any pump, pipe, conduit or other equipment or structure that
carries, and any structure that conveys or treats sanitary sewer,
industrial waste or wastewater.[7]
[Amended 10-22-2009 by Ord. No. 2009-04; 12-14-2021 by Ord. No. 2021-05]
The additional charge for the treatment of extra-strength
wastewater in excess of the basic charge for treatment of wastewater.[8]
The Township of Uwchlan, Chester County, Pennsylvania.
The combined flow of sanitary sewage and industrial waste,
together with such quantities of infiltration and inflow as may be
present.
The private water company or the public agency or municipal
authority that provides water service to customers connected to the
sewer system.
[1]
Editor's Note: The definitions of "average
daily flow," "biochemical oxygen demand" and "center," which immediately
followed this definition, were deleted 10-22-2009 by Ord. No. 2009-04.
[2]
Editor's Note: The definition of "compatible
pollutant," which immediately followed this definition, was deleted
10-22-2009 by Ord. No. 2009-04.
[3]
Editor's Note: The definitions of "Downingtown
Regional Water Pollution Control Center" and "engineer," which immediately
followed this definition, were deleted 10-22-2009 by Ord. No. 2009-04.
[4]
Editor's Note: The definition of "National
Categorical Pretreatment Standard," which immediately followed this
definition, was deleted 10-22-2009 by Ord. No. 2009-04.
[5]
Editor's Note: The definitions of "pH," "PPM"
and "pretreatment," which immediately followed this definition, were
deleted 10-22-2009 by Ord. No. 2009-04.
[6]
Editor's Note: The definition of "regulatory
agency," which immediately followed this definition, was deleted 10-22-2009
by Ord. No. 2009-04.
[7]
Editor's Note: The definitions of "significant
industrial user" and "standard methods," which immediately followed
this definition, were deleted 10-22-2009 by Ord. No. 2009-04.
[8]
Editor's Note: The definition of "total suspended
solids (TSS)," which immediately followed this definition, was deleted
10-22-2009 by Ord. No. 2009-04.
[Added 10-23-2006 by Ord. No. 2006-10]
Upon applications filed with and approved by
the Township customers in the Township may be connected to the sewer
system. Except for the Marsh Creek State Park and the Shryock Paper
Company, no customer outside the Township may be connected to the
sewer system.
There is hereby imposed upon each property located
within the Township, served by the sewer system and having the use
thereof, sewer rents or charges payable as hereinafter provided, for
the use, whether direct or indirect, of the sewer system, based on
the schedules of classifications and rates hereinafter set forth.
[Amended 6-24-1991 by Ord. No. 91-15; 1-12-2004 by Ord. No.
2004-01; 1-3-2011 by Ord. No. 2011-01; 12-12-2011 by Ord. No.
2011-05; 1-6-2014 by Ord. No. 2014-01; 12-14-2015 by Ord. No. 2015-06[1]; 1-10-2022 by Ord. No. 2022-01; 1-10-2022 by Ord. No. 2022-01]
|
Customer Classification
|
Rental
| |
|---|---|---|
|
a.
|
Each private dwelling or living unit (including
each mobile home space, row house, townhouse, semidetached house,
but excluding multiple-dwelling buildings)
|
$99 per 3-month period
|
|
b.
|
Each unit in a multiple-dwelling building (whether
owned by a single owner or as a condominium) except as described in
"c" below
|
$99 per 3-month period
|
|
c.
|
Each unit in a multiple-dwelling building (whether
owned by a single owner or as a condominium) which has no rooms other
than a living room, dining room, kitchen, bathroom and one or two
bedrooms
|
$99 per 3-month period
|
|
d.
|
Each firehouse, church or municipal building
|
$99 per 3-month period
|
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2016.
[Amended 1-12-2004 by Ord. No. 2004-01; 1-3-2011 by Ord. No. 2011-01; 12-12-2011 by Ord. No. 2011-05; 1-6-2014 by Ord. No. 2014-01; 1-6-2014 by Ord. No. 2014-01; 12-14-2015 by Ord. No. 2015-06[1]; 1-10-2022 by Ord. No. 2022-01]
A.
Meter rates. Except for those customer classifications enumerated in § 200-4 hereof, the quarterly sewer rents or charges shall be based on the quantity of water used as evidenced by the meter readings of water meters installed by the water company and such other meters or measuring devices as may be installed pursuant to any provisions of this article, and shall be at the rate of $6.60 per thousand gallons of water used.
B.
Minimum rates. Regardless of water consumption, the minimum charge
for sanitary sewage from industrial, commercial and institutional
establishments shall not be less than $99 for each such establishment
for each three-month period.
C.
Multiple use. In each case of a combination of one or more commercial,
industrial or institutional establishments in one property, all having
the use of the sewer system through one sewer connection, then each
such establishment shall be charged the above-mentioned minimum rate
as though each were separately connected to the sewer system, and
if there is only one water meter for any such combination, the Township
may estimate the amount of water used by each individual establishment
if necessary.
D.
Schools. Schools (public or other daily schools) shall be charged based upon the quantity of water used by them, at the rates and in the manner provided by the § 200-5A hereof for industrial, institutional and commercial establishments, except that, notwithstanding Subsection B of this section, the charge for each school for each quarterly billing period ending September 30 will be subject to a minimum charge equal to the average of the three bills issued for such school next preceding the period ending September 30 in each year.
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2016.
A.
Methods of measuring volume.
(1)
Whenever a person purchasing all water used from the
water company discharges sanitary sewage and/or industrial waste into
the sewer system, the volume of water used, as determined from meter
readings of the water company, shall be used in computing the sewer
rentals.
(2)
In cases where a person has a source of water supply
in addition to or other than from the water company and discharges
sanitary sewage and/or industrial waste into the sewer system, such
person shall permit the Township to install a meter on such additional
or other source of supply. The total amount of water consumed as shown
by these meter readings will be used in computing the sewer rentals.
(3)
In cases where a person uses water from the water
company and/or from an independent supply such that all or any part
of the water so used is not discharged into the sewer system, the
quantity of water used to determine the sewer rentals shall be computed
by one of the following methods as determined by the Township:
(a)
Method No. 1. By placing a meter or measuring
device on the sewer connection. The readings from this meter or measuring
device shall be used in computing the sewer rentals.
(b)
Method No. 2. By placing a meter or measuring
device on the effluent not discharging into the sewer system. The
reading from this meter or measuring device will then be deducted
from the total water meter readings and the remainder will be used
in computing the sewer rentals.
(c)
Method No. 3. When it is not practical to install
measuring devices to determine continuously the quantity of water
not discharged into the sewer system, the Township will determine,
in such manner and by such method as it may prescribe, the percentage
of metered water discharged into the sewer system, and the quantity
of water used to compute the sewer rental shall be the percentage
so determined of the quantity measured by the water meter or meters.
Any dispute as to the estimated amount shall be submitted to the Board
of Supervisors of the Township, after notice of the estimate, whose
decision on the matter shall be final.
B.
Measuring devices. All meters or measuring devices required to be used under the provisions of this article [except those provided by the water company or those provided by the Township under § 200-6A(2) above] shall be furnished and installed by the Township at the expense of the property owner. All such meters or measuring devices (except those provided by the water company) shall be under the control of the Township, and may be tested, inspected or repaired by Township employees whenever the Township shall deem necessary. The owner of the property upon which such measuring device is installed shall be responsible for its maintenance and safekeeping, and all repairs thereto shall be made by the Township at the property owner's expense, whether such repairs are made necessary by ordinary wear and tear or other causes. Bills for such installation and repairs shall be due and payable at the same time and collected in the same manner as are the bills for sewer services; such bills from and after their due date shall constitute a lien upon the property upon which such measuring device is installed.
C.
Meter readings. The Township shall be responsible
for the reading of all meters or measuring devices (except to the
extent the water company's readings are used), and they shall be made
available to Township employees for meter reading at any reasonable
time.
If use or classification of any property should
change within any quarterly period, the difference in the 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
quarterly period. Additional classifications and additional sewer
rentals may be established by the Township from time to time.
Sewer rentals or charges shall be paid quarterly, and billings for sewer rentals shall be made by bills dated, and on, the first days of January, April, July and October of each year, for the three-month period immediately preceding the date of the bill. The bills for sewer rentals under §§ 200-4 and 200-5 for the quarterly period during which a property is first connected to the sewer system will be prorated on the basis of the applicable rate. All bills shall be due and payable on their respective dates.
[Amended 6-24-1991 by Ord. No. 91-15; 6-14-1993 by Ord. No.
93-04; 2-28-1994 by Ord. No. 94-02]
A.
Penalties, interest, costs and attorney's fees for
delinquent accounts.
[Amended 4-12-2004 by Ord. No. 2004-04]
(1)
All sewer charges not paid in full by the due date
shall be deemed to be delinquent. A penalty of 10% of the amount of
the quarterly sewer charge shall be added to the quarterly charge
if not paid by the due date.
(2)
The amount of the quarterly sewer charge and penalty
shall bear interest form the due date at the rate of 10% per annum
until paid.
(3)
Collection procedures shall be commenced for all accounts
delinquent over six months or exceeding $500. The Township shall charge
an administrative fee as set by resolution of the Board of Supervisors
for starting collection procedures, which shall be added as costs
to the amount of the delinquent account.[1]
(4)
The Township may terminate sewer service to any property
where the payment of sewer charges has not been paid by the due date.
Sewer service shall not be restored until all delinquent charges,
penalties, costs, interest, attorney's fees, and the cost of shutting
off and restoring service have been paid in full.
(5)
The penalties, interest, costs and charges set forth
above shall be in addition to all other legal and equitable remedies
available to the Township to collect delinquent accounts, including
but not limited to municipal lien and assumpsit remedies. The amounts
of the penalties, interest, costs and charges set forth above may
be changed from time to time by resolution of the Township Board of
Supervisors.
(6)
All sewer rentals not paid by the due date, and all
penalties, interest, costs, charges and attorney's fees thereon, shall
be a lien against the delinquent property and shall be filed as a
lien in the office of the Prothonotary of Chester County and shall
be collected in the manner provided by law for filing and collection
of such liens. The Township shall charge a lien fee as set by resolution
of the Board of Supervisors when the account is referred to the Township
Solicitor for collection, which shall be added as costs to the delinquent
account.[2]
(7)
The delinquent account holder shall also be responsible
for all legal fees incurred by the Township in collecting the account
in accordance with a schedule enacted from time to time by Township
ordinance.
(8)
All liens for delinquent accounts filed as of the
effective date of this article shall be amended to include interest
at the statutory rate of 10% per annum beginning on the date of the
delinquency until paid.
B.
All persons connected to the sewer system shall 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.[3]
[3]
Editor's Note: Former Subsection c, regarding
delinquent sewer rentals, which immediately followed this subsection,
was deleted 4-12-2004 by Ord. No. 2004-04.
A.
The funds received by the Township from the collection
of the sewer rentals and charges and all penalties thereon, as herein
provided for, and any fines collected by the Township in connection
with the sewer system shall be segregated, earmarked and deposited
in a separate fund, to be designated "Sewer Revenue Account."
B.
The funds received by the Township from payment of
tapping fees imposed by the Authority and collected by the Township,
as its agent, shall be deposited in the Sewer Revenue Account.
The following regulations shall apply to all
users of the sewer system:
A.
A garbage disposal unit with a motor of 1/2 horsepower
or less may be installed in any single-family dwelling or unit without
a permit.
B.
Floor drains used for washing and cleaning will be
permitted only on application to the Township and only after provisions
have been made for the removal of sand, grit, oil, grease, garbage
or any other materials.
C.
No person shall maliciously, willfully, or negligently
break, enter, uncover, deface or tamper with any structure, appurtenance
or equipment which is part of the sewer system.
A.
Information required by all persons discharging wastewaters:
(1)
The Township may, from time to time, request or require
the submission of information certifying the sources, nature, characteristics,
quantity or quality of wastewater discharged to the sewer system.
(2)
Any person discharging wastewater into the sewer system shall furnish and verify to the Township the information set forth in § 200-12A(1) above in order to be permitted to continue discharging into the sewer system.
(3)
Any person who fails or refuses to provide the information set forth in § 200-12A(1) above in the form and manner prescribed by the Township, or within the time specified by the Township, shall be in violation of this article.
(4)
Any person who knowingly makes any false statement,
representation, or certification in any application, record, report,
questionnaire, or other document filed or required to be maintained
pursuant to this article or pursuant to the conditions of any permit
or agreement required by this article shall be in violation of this
article. This provision shall be deemed to be concurrent with the
provisions of 18 Pa.C.S.A. § 4903 (relating to false swearing)
or § 4904 (relating to unsworn falsification to authorities).
B.
Reimbursement of Township expenses. Expenses incurred by the Township, which are directly attributable to one or more identified dischargers into the sewer system or to persons planning to connect one or more properties to the sewer system, shall be paid to the Township by such discharger or person within 30 days of receipt of an invoice from the Township. All such expenses shall be collected by the Township in the same manner as, and subject to the same penalties for nonpayment thereof, including interest, discontinuance of service, municipal lien, and assumpsit remedies, set forth in § 200-9 of this article. Examples of such expenses include, but are not necessarily limited to, the following:
(1)
All Township expenses, including engineering and legal
fees, for the review of preliminary and final site plans, sewer plans
and profiles, sewage facilities planning modules, permit applications,
sewer related shop drawings or technical data, questionnaires, industrial
waste discharge permits or agreements.
[Amended 10-22-2009 by Ord. No. 2009-04; 12-14-2021 by Ord. No. 2021-05]
(2)
All Township expenses, including laboratory costs,
or the sampling and monitoring of wastewater quantity or quality of
wastewater discharged to the sewer system.
(3)
All surcharges billed by the Township or DARA.
[Amended 12-14-2021 by Ord. No. 2021-05]
(4)
All fines or monetary penalties imposed by or passed
on by DARA which are directly attributable to a discharge to the sewer
system.
C.
Additional inspection charges. Any connection to any
exterior main from a building other than the original connection shall
necessitate an hourly inspection fee to cover inspection and administrative
costs related to such a connection. Such inspection fee shall be determined
by a yearly resolution of the Board of Supervisors.
A.
Any person who shall violate any provision of this
article shall be served by the Township with written notice stating
the nature of the violation and providing a ten-day period within
which any such violation shall be corrected to the satisfaction of
the Township.
B.
In addition to any other remedies set forth in this
article, any person who continues any violation beyond the ten-day
period shall be punishable by a fine of not more than $1,000, plus
costs of prosecution. In default of payment thereof, the defendant
may be sentenced to imprisonment for a term not exceeding 90 days.
Each twenty-four-hour period that a violation of this article continues
beyond the ten-day period shall constitute a separate offense. Enforcement
of this article shall be by action brought before a Magisterial District
Judge in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure. The Township Solicitor
may assume charge of the prosecution without the consent of the District
Attorney.
[Amended 3-24-1997 by Ord. No. 97-05[1]]
C.
All fines and penalties collected for the violation
of any provision of this article shall be paid to the Treasurer of
the Township for the use of the Township.
D.
Any person violating any provision of this article
shall also be liable to the Township for any expense, loss or damage
caused to the Township by reason of such violation. A continuing violation
may also be cause for the Township to disconnect service to the property.
Such disconnection shall only take place after the affected party
shall have received written notification of such possible action by
certified mail. In the certified letter it will again be explained
exactly what violation is existing.
E.
In addition to any other remedies provided in this
article, any violation of this article shall constitute a nuisance
and may be abated by the Township by seeking appropriate equitable
or legal relief from a court of competent jurisdiction.
This article shall become effective on June 4, 1990, and shall be applicable to all properties connected to the sewer system. The Township reserves the right to make such changes from time to time as in its opinion may be desirable or beneficial, and to amend this article or to change the rates or charges in such manner and at such times as in its opinion may be advisable, or as may be required by any lease referred to in § 200-10 hereof.
