[Ord. 2/9/1940B, § 1; as amended by Ord. 928, 9/17/1963,
§ 1]
Whenever the Borough Council shall deem it necessary and proper
that any property owner connect his premises to any of the sanitary
sewers of the Borough for the purpose of having fecal matter and other
wastes discharged therefrom, it shall pass a resolution to that effect,
and, if any property owner, after 45 days' notice of any such resolution,
shall fail, neglect or refuse to connect his or her property as directed,
it shall be the duty of the Borough to make such connection and to
collect the cost thereof, with an additional charge of 10%, from the
owner by a municipal claim or in an action of assumpsit. All connections
shall be made in accordance with the rules and regulations of this
Borough applicable thereto, and the laws of the Commonwealth, and
shall be subject to inspection and supervision by the Plumbing Inspector.
[Ord. 1630, 8/14/1990, § 1]
1.
COMMERCIAL-INDUSTRIAL FACILITY
DWELLING UNIT
INSTITUTIONAL FACILITY
MULTIFAMILY DWELLING
SINGLE-FAMILY DWELLING
The following are definitions for terms throughout this Part:
A facility housing activity carried on primarily for financial
gain including, but not limited to, retail business, restaurants,
recreational facilities, professional and service offices, social
clubs and halls, manufacturing businesses involved in the production
of a commodity or article, factories, etc.
One or more rooms, designed, occupied or intended for occupancy
as separate living quarters.
A facility that operates as a nonprofit organization.
A dwelling containing more than one dwelling unit including,
but not limited to, hotels, hoarding houses, apartment houses, etc.
A dwelling containing one dwelling unit.
2.
The determination of the Sewer Department of the Borough of Phoenixville
as to what constitutes a commercial-industrial facility, a multifamily
dwelling, a single-family dwelling, or an institutional facility is
final.
[Ord. 2/9/1940B, § 2]
1.
From and after the passage of this Part, no privy vault or cesspool
shall thereafter be constructed in any part of the Borough where sewer
facilities are available or accessible.
2.
From and after 60 days from the passage of this Part, every privy
vault, cesspool or connection of sanitary sewage to a storm sewer
or to other than the sanitary sewage system, located upon a lot where
sewer facilities are available or accessible, is hereby declared to
be a nuisance, and the property owner is charged to forthwith connect
the building to the sanitary sewerage system, and to abate the nuisance
by the discontinuance of any privy vault, cesspool or illegal sewer
connection.
[Ord. 2/9/1940B, § 4]
Where a property owner within the Borough has paid a per-foot-front
assessment for a sanitary sewer, he is entitled to a free lateral
extension from the street sewer to the curb line, installed by the
Borough for each house abutting the aforesaid sanitary sewer. The
maintenance of this lateral is the obligation of the property owner.
[Ord. 2/9/1940B, § 5]
Where a property owner within the Borough has not been assessed
per foot-front for a sanitary sewer, which is adjacent to his property
and where he wishes to connect the same, he may do so at his own expense
after taking out the proper permits with the Plumbing Inspector and
with the Borough, and having the work performed under the direction
of the Plumbing Inspector.
[Ord. 2/9/1940B, § 8; as amended by Ord. 5/4/1954,
§ 1; and by Ord. 1037, 2/14/1967, § 1]
It shall be unlawful to do, or cause to be done, any of the
following acts:
A.
To uncover any part of the sanitary sewer system for any purpose,
or to make connection therewith, or to uncover or open any manhole,
flush tank or any other part of the sanitary sewer system, except
with the written consent of the Borough or its duly authorized agent,
or to do or cause to be done, any injury of any kind to any part of
the sanitary sewer system.
B.
To make or cause to be made any connection with public gutters or
other stormwater drains of the Borough, or with any streams or watercourses
within said Borough, for the removal of sewage from any property within
said Borough where sewer facilities are available or accessible.
C.
To make or cause to be made, any connection with the sanitary sewer
system of any mechanical device, commonly called a garbage disposal
unit, for the purpose of preparing garbage for assimilation and disposal
into the sanitary sewer system of the Borough of Phoenixville, and/or
the discharge of such garbage into the sanitary sewer system of the
Borough of Phoenixville, unless such mechanical device is of a type
approved by the Borough Manager of the Borough of Phoenixville. The
connection of any chemical digesting device is prohibited.
[Ord. 2/9/1940B, § 9; as amended by Ord. 9/7/1943;
by Ord. 1512, 8/13/1985, § 1; and by Ord. 1637, 11/13/1990,
§ 1]
The following rules and regulations are hereby adopted:
A.
Permits.
(1)
Permits for lateral extensions, including the main trap, shall
be only valid for a period of 30 days from the date of issuance. In
the event that said period of 30 days expires before the aforesaid
lateral extension, including main trap, is completed and approved
by the Plumbing Inspector, no further work shall be done until a new
permit is obtained from the Plumbing Inspector and the fee paid for
the same.
(2)
Permits for plumbing work within the building, excluding the
main trap, shall be only valid for period of six months from the date
of issuance. In the event that said period of six months expires before
the aforesaid plumbing work within the building, excluding the main
trap, is completed and approved by the Plumbing Inspector, no further
work shall be done until a new permit is obtained from the Plumbing
Inspector and the fee paid for the same.
B.
No work shall be covered up or concealed in any way until inspected
by the Plumbing Inspector.
C.
Before any lateral pipe is laid, the trench shall be evenly graded,
the minimum grade being 1/4 inch per foot, with a special groove cut
in the bottom of the trench for each hub. The spigot and hub endings
of terra cotta pipe shall be connected with a bituminous jointing
compound that shall melt and run freely at a temperature as low as
250° F. and when set shall be sufficiently elastic to permit a
slight movement of the pipe without injuring the joint. When backfilling
the trench, loose earth shall be carefully tamped about the pipe and
to a depth of six inches above top of pipe, when coarser materials
may be backfilled and the trench brought to its original condition
as near as possible,
D.
Laterals of less depth than three feet six inches of cover shall
be of Schedule 40 PVC pipe, minimum four-inch diameter as approved
by the American Society of Public Works. Such laterals shall also
be of extra heavy cast iron pipe if deemed appropriate by the Public
Works Director.
E.
Where rock is encountered, or where pipe is laid on filled ground,
all terra-cotta pipe shall be laid in concrete.
F.
No old drains shall be used, unless they meet these specifications
and are passed upon and accepted by the Plumbing Inspector.
G.
All terra-cotta laterals shall be five inches in diameter and all
cast iron laterals four inches in diameter, unless otherwise approved
by the Plumbing Inspector. All terra-cotta pipe used shall be of first-class
vitrified pipe.
H.
No traps shall be placed in the lateral between the street sewer
and the building, except the main trap, as called for in the Plumbing
Code.
I.
All connections to sewer must be made into the Y left for that purpose.
When a connection is to be made, and no Y exists, the sewer shall
be tapped on a bevel, and an iron saddle applied to the opening. When
properly fitted, it shall be fastened and cemented inside and outside,
and rest on a solid concrete foundation from the bottom of the trench.
J.
No stormwater, surface water or groundwater of any nature shall be
allowed to enter the sanitary sewer system.
K.
No Y branch shall be opened or sewer tapped, except in the presence
of the Plumbing Inspector.
L.
No alterations or additions to any drain or sewer connected with
the Borough sanitary sewer system shall be made, unless the person
desiring to make same shall first make application to, and receive
permission from, the Plumbing Inspector.
M.
All plumbing installations shall be done in accordance with the Plumbing
Code of the Borough of Phoenixville.
N.
The contractor to whom contract is granted for laying laterals shall
assume all risk and be liable for any damage that may occur during
the progress of the work.
O.
Notice by Customer to Have Service Disconnected.
(1)
A customer who is about to vacate any premises supplied with
sewers and sewage disposal by the Water/Sewer Department of the Borough
of Phoenixville and who, for any reason, wishes to have service disconnected
shall give at least seven days written notice to the Water/Sewer Department
and pay the termination fee. Such written notice shall specify the
date on which service is to be terminated.
(2)
Upon the absence of written notice to the Water/Sewer Department
of the Borough of Phoenixville, the customer shall be responsible
for services rendered and all charges for the account until such time
as the Borough has actual notice of the customer's intent to discontinue
service.
P.
Refusal to Service Customers. The Water/Sewer Department of the Borough
of Phoenixville may decline to serve a customer for the following
reasons:
(1)
Noncompliance With the Rules and Regulations. The Water/Sewer
Department may decline to serve a customer until the customer complies
with Water/Sewer Department regulations governing waste service.
(2)
Inadequate Facilities of the Water/Sewer Department. The Water/Sewer
Department may decline to serve a customer if the Borough does not
have adequate facilities to provide the sewers and sewage disposal
utility service or if such service is of a character that is likely
to have a detrimental effect upon service to other customers.
(3)
Inadequate Facilities of the Customer. The Borough of Phoenixville
may refuse to serve or continue to serve a customer if, in the judgment
of the Water/Sewer Department, the installation of the customer's
piping can reasonably be regarded as hazardous or of such character
that satisfactory service cannot be given.
[Ord. 2/9/1940B, § 10; as amended by Res. 12/5/1950;
by Ord. 928, 9/17/1963, § 2; by Ord. 1091, 3/11/1969, § 1;
by Ord. 1151, 3/29/1972, § 1; by Ord. 1168, 1/9/1973, § 1;
by Ord. 1186, 4/9/1974, § 1; by Ord. 1323, 2/14/1978, § 1;
by Ord. 1347, 12/28/1978, § 1; by Ord. 1357, 6/12/1979,
§§ 1, 2; by Ord. 1409, 12/30/1980, § 1; by
Ord. 1426, 12/15/1981; by Ord. 1447, 8/10/1982; by Ord. 1540, 12/9/1986;
by Ord. 1618, 1/11/1990, § 1; by Ord. 1630, 8/14/1990, § 1;
by Ord. 1659, 12/30/1991, § 1; by Ord. 1731, 7/12/1994, § 1;
by Ord. 1734, 8/9/1994, § 1; by Ord. 1742, 11/15/1994, § 2;
by Ord. 1971, 3/11/2003, §§ 1, 2; by Ord. 2065, 2/14/2006;
and by Ord. 2112, 12/20/2007]
1.
Schedule of Rates.
A.
All property owners of each and every property connected to the Borough
sanitary sewer system shall pay and are responsible, jointly and severally
to the Borough, for such service, according to the following rates:
(1)
Metered sewage rates for service inside the Borough shall be $3.20 per 1,000 gallons of metered water use. This rate shall be effective for all such service after the service's first meter reading in March 2003. (Until this rate is effective the prior rate shall apply.) Beginning with the first meter reading in December 2003 and in each following December, the rate established by this Subsection 1A(1) shall be increased to reflect any increase in the most current annual U.S. Bureau of Labor Consumer Price Index east small city urban (A decrease in the index will not decrease the rate.), unless the Borough Council shall approve by motion or resolution, from time to time, a greater or lesser annual increase or no annual increase in its discretion; and
(2)
Flat rate quarterly charge for each dwelling unit inside the Borough shall be $58.11 per residential dwelling unit and $87.16 per commercial dwelling unit. This rate shall be effective for all such service after March 1, 2003. (Until this rate is effective the prior rate shall apply.) Beginning December 1, 2003, and each December 1 thereafter, the rate established in this Subsection 1A(2) shall be increased to reflect any increase in the most current annual U.S. Bureau of Labor Consumer Price Index east small city urban (A decrease in the index shall not decrease any rate.), unless the Borough Council shall approve by motion or resolution, from time to time, a greater or lesser annual increase or no annual increase in its discretion.
B.
All owners of properties to which metered rates (for sanitary sewer
service) are applicable shall be billed after and based on the meter
reading for the applicable billing period, and said bills shall be
due and payable within 20 days after the date the same are rendered,
which date shall be the billing due date.
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Quarterly Meter Sewage Charges
Inside and Outside the Borough
(Block Rates)
|
(1)
For customers outside the Borough, billing shall be in accordance
with the tariffs and rates established pursuant to Pennsylvania Public
Utility Commission Regulations.
(2)
For customers inside the Borough[1]
|
Inside Borough Rate Per 1,000 Gallons
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|
For the first 1,000,000 gallons:
|
$2.56
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|
For the next 4,000,000 gallons:
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$2.30
| |
|
For all over 5,000,000 gallons:
|
$1.94
| |
|
Flat Rate Quarterly Charge for Each Dwelling Unit
Inside Borough
(Nonmetered Rate)
| ||
|
Residential (per dwelling unit):
|
$46.59
| |
|
Commercial (per unit):
|
$69.73
| |
(a)
A washing machine drain, when used in conjunction with sanitary
sewer connection laundry trays, shall not be chargeable. A washing
machine drain, when used without sanitary sewer connected laundry
trays, shall be charged as an additional fixture.
(b)
Each dwelling, separate apartment (whether in an apartment house
or other building), store or separate enterprise shall be considered
as a separate unit for the purpose of computing rentals.
(c)
In all cases in which the above rates are not applicable, the
Borough Council, by resolution, shall fix an applicable rate, with
the same force and effect as if set forth herein.
[1]
The ordinance eliminates quarterly minimum per unit rates
as adopted in Ord. 1659, adopted 12/30/1991.
2.
Billing Cycle and Due Date. All owner-occupied single-family dwellings
and institutional facilities shall be billed quarterly. All tenant-occupied
single-family dwellings, multifamily dwellings and commercial-industrial
facilities shall be billed monthly. Water/sewer bills are to be paid
within 20 days after the date they are prepared; the billing date
and due date are shown on the bill. The bill shall be issued (by mail
or other delivery) to the customer promptly after it is prepared.
Amounts not paid by the due date are delinquent. Failure to receive
a bill shall not excuse late payment, and interest on the delinquent
amount will be assessed and the property will be subject to lien and
shutoff of service to the same extent as if the bill was received
by the customer. If the customer does not receive a bill pursuant
to the regular billing cycles, it is the customer's obligation to
contact the Borough's billing department for a new bill and/or to
arrange for payment.
3.
Interest on Delinquent Balances. Interest at the rate of 10% per
annum, calculated daily, shall be charged on the total delinquent
balance of each account. The total delinquent balance shall include
all amounts delinquent including, but not limited to service rates,
fees and charges.
4.
Responsible Party. The responsible party shall be obligated to the
Borough for all charges, fees, costs, penalties and interest imposed
pursuant to this Part, in connection with the service. If there is
more than one responsible party, they shall be jointly and severally
liable.
5.
Termination of Service for Nonpayment and Reconnection Charge.
A.
Inside Borough Customers.
(1)
If a customer's water and/or sanitary sewer account has been
and remains delinquent for more than 30 consecutive days, the Borough
may shut off service to the property until the account is paid in
full; provided, however, that no such shutoff shall take place until
the customer is given written notice of the same at least 10 days
before the shutoff. Such notice shall be given by one of the following
methods:
(a)
United States mail, with proof of mailing 15 days prior to the
shutoff date, which proof shall have been issued by the United States
Postal Service;
(b)
United States certified mail, return receipt requested, when
the return receipt show that it was received 10 days before schedule
cutoff date;
(c)
By personal service; or
(d)
By regular first class United States mail, mailed at least 15
days prior to the shutoff date, and posting the property at least
10 days prior to the shutoff date.
(2)
Water service may be shut off any time after the ten-day notice
is given, provided that payment of all delinquent amounts and any
scheduling fee as provided herein have not been paid in full according
to this Part. Shutoffs will be scheduled 48 hours in advance. If the
full delinquent amount is not paid by 48 hours in advance of the date
when shutoff is authorized pursuant to the notice, a fee of $25 will
be charged for scheduling the shutoff. To avoid a shutoff, when the
shutoff is scheduled, the customer must pay all delinquent amounts
in full in cash, money order or certified bank check to the Borough
cashier or the Borough billing department must receive notice, in
the normal course of business, that all delinquent amounts and fees
were paid into the Borough's account and are available to the Borough.
There will be a charge of $50 to reconnect a water service which has
been shut off for nonpayment of delinquent sanitary sewer account
balance.
B.
Out-of-Borough Customers. All water shutoffs of customers in the
franchise shall be according to the procedures required by the Borough's
franchise and the regulations of the Pennsylvania Public Utility Commission.
6.
Service Escrow. If a customer's service is turned off because the account is delinquent, the service will not be turned on again until the customer posts an escrow with the Borough which the Borough may use to secure the proper payment of the customer's account. The amount of the escrow shall be $250 per dwelling unit and, in the case of nonresidential accounts, an amount equal to the bills for two months' service immediately preceding the shutoff. The customer shall maintain the escrow amount or a penalty of 10% of such amount will be assessed and the service may be shut off, pursuant to Subsection 5 hereof.
7.
Collection of Delinquent Accounts. Any delinquent sanitary sewer
account may be collected, at any time, as a municipal claim and/or
in any other manner authorized by law; provided, however, that the
municipal claim procedure as authorized by the Municipal Claim and
Tax Lien Law shall be according to any applicable provisions of the
Borough franchise and/or Pennsylvania Public Utility Commission regulations
with respect to customers located outside the Borough.
8.
Attorney's Fees and Other Charges. Attorney's fees, according to
the fee schedule in Appendix A of this Part,[2] shall be charged for the Borough Attorney's work on collection
of delinquent sanitary sewer accounts. In addition, a delinquent customer
shall be responsible for the following charges and the costs and expenses
incurred by the Borough in connection with collection of the delinquent
account:
A.
Certified and/or registered mail charge: $10 per notice.
B.
Personal service (by either Borough staff or Constable): $30 per
notice.
C.
Posted notice charge: $10 for each customer, plus $5 for each additional
dwelling unit and/or leasehold on the service.
D.
Attorney referral charge (when Borough refers a delinquent account
to the Borough Attorney for collection): $10.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
[Ord. 2/9/1940B, § 11; as amended by Ord. 928,
9/17/1963, § 3; by Ord. 1234, 8/10/1976, § 1;
by Ord. 1607, 11/14/1989, § 4; by Ord. 1618, 1/11/1990,
§ 2; and by Ord. 1659, 12/30/1991, § 2]
Any person or persons, firm or corporation who or which shall
violate any provision of this Part shall, upon conviction thereof,
be sentenced to pay a fine of not more than $1,000 and cost of prosecution,
or, in default of payment of such fine and costs, to undergo imprisonment
for not more than 30 days; provided, that each day that a violation
of any provision of this Part shall be permitted to continue shall
constitute a separate offense.
