[Ord. 1978-9, 7/14/1978, § 1]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this Part shall be as follows:
Manchester Township Municipal Authority, a municipality authority
incorporated and organized and existing under provisions of the Pennsylvania
Municipality Authorities Act of 1945, approved May 5, 1945, P.L. 382,
as amended and supplemented.
The quantity of oxygen, expressed in ppm, utilized in the
biochemical oxidation of organic matter under standard laboratory
procedure for five days at 20° C. The standard laboratory procedure
shall be that found in the latest editions of Standard Methods for
the Examination of Water and Wastewater" published by the American
Public Health Association.
Any room, group of rooms, house trailer or other enclosure
occupied or intended for occupancy as separate living quarters by
a family or other group of persons living together or by persons living
alone.
Any property situate within that area or portion of the Township
designated, constituted and known as "Sewer Service Area "D" of the
Authority and the Township and as particularly described, defined
and set forth in this Part of the Board of Supervisors of the Township,
duly enacted on July 6, 1976, or situate within any additional areas
or portions of the Township as may be set forth and described in a
supplement or amendment to said Part as so permitted thereby, upon
which there is erected a structure intended for continuous or periodic
habitation, occupancy or use by human beings or animals and from which
structure sanitary sewage and/or industrial wastes shall be or may
be discharged.
Any improved property used, in whole or in part, for manufacturing,
converting, processing, cleaning, laundering or assembling any product,
commodity or article or from which any process waste, as distinct
from sanitary sewage, shall be discharged.
Any and all wastes discharged from and industrial establishment,
other than sanitary sewage.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
corporation or other group or entity.
The logarithm of the reciprocal of the concentration of hydrogen
ions, expressed in grams per liter of solution indicating the degree
of acidity or alkalinity of a substance.
Parts per million by weight.
Normal water-carried household toiler wastes from any improved
property.
Any pipe or conduit constituting a part of the sewer system
used or useful for sewage collection purposes.
All facilities, as of any particular time, for collecting,
transporting, pumping, treating and disposing of sanitary sewage and/or
industrial wastes, from time to time, owned by the Authority and leased
to the Township for operation and use and used or useful in rendering
sewerage service to improved properties located within that area or
portion of the Township designated, constituted and known as "Sewer
Service Area "D" of the Authority and as set forth and described in
this Part of the Board of Supervisors of the Township, duly enacted
July, 6, 1978, or within any additional areas or portions of the Township
as may be set forth and described in a supplement or amendment to
said Part as so permitted thereby.
Suspended solids as determined pursuant to the procedure
set forth in the latest edition of "Standard Methods for the Examination
of Water and Wastewater" published by the American Public Health Association.
The Township of Manchester, York County, Pennsylvania, acting
by and through its Board of Supervisors or, in appropriate cases,
by and through its authorized representatives.
The agreement dated as of December 9, 1976, by and between
the City of York, York County, Pennsylvania, and the Township and
the agreement, dated as of December 30, 1976, by and between the Township
and the Authority, on the one hand and the Township of Dover, York
County, Pennsylvania, and Dover Township Sewer Authority, on the other
hand and the agreement dated as of January 18, 1977, by and between
the Township of Springettsbury, York County, Pennsylvania, and the
Township, including, in each case, any amendments, supplements or
addenda agreements to any of said treatment agreements heretofore
or hereafter entered into and any future agreements entered into in
replacement and/or substitution for any of said treatment agreements.
Any publicly or privately owned duly authorized agency, corporation,
municipality, municipality authority, organization or person which
is the approved purveyor of a public water supply or distribution
system serving in any area of the Township served by the sewer system.
[Ord. 1978-9, 7/14/1978, § 2; as amended by Ord.
1979-4, 9/25/1979, § 1; by Ord. 1983-10, 12/13/1982, §§ 1,
2, 3; by Ord. 1987-6, 6/23/1987, § 2; by Ord. 1990-4, 7/24/1990,
§ 2; by Ord. 1990-8, 9/11/1990, § 1; by Ord. 2008-10,
12/9/2008, § 4; by Ord. No. 2012-07, 12/11/2012; and by
Ord. No. 2018-01, 2/13/2018]
1.
Sewer rentals or charges are imposed upon and shall be collected
from the owner of each improved property which shall be connected
with the sewer system, for use of the sewer system, whether such use
shall be direct or indirect, which sewer rentals or charges shall
commence and shall be effective as of the date of connection of each
such improved property to the sewer system and shall be payable as
provided herein, in accordance with the following schedule of rates
and classifications:
|
Type
|
Amount
|
|---|---|
|
Residential unit
|
$95 per fiscal calendar quarter
|
|
Nonresidential unit
|
$2.96 per 1,000 gallons, with a minimum charge of $95 per fiscal
calendar quarter
|
A.
The volume of water to be used for billing sewer rentals or charges
to owners of nonresidential improved properties connected to the sewer
system shall include any and all water obtained from any other source
(wells, springs, streams, etc.) as determined:
(1)
By meters installed and maintained by the water company.
(2)
By meters installed and maintained by this Township.
(3)
By meters maintained and installed by the owner of the nonresidential
improved property, as approved by this Township.
(4)
From estimates or measurements made by this Township, where
this Township considers metering impractical.
B.
Exclusion from the sewer system of non-contaminated waste waters and waters used solely for cooling purposes may be required by this Township or such exclusion may be optional with the owner of the nonresidential improved property if not required by this Township. When such water is so excluded, the sewer rentals or surcharges will be based on total water consumed, less water excluded, at the rate stipulated in Subsection 1. Noncontaminated waste waters used solely for cooling purposes excluded from the sewer system may be determined from meters furnished, installed and maintained by the owner of the nonresidential improved property, as approved by this Township or from estimates or measurements made by this Township, or the owner of the nonresidential improved property may elect to measure the volume of wastes actually discharged to the sewer system as provided for below.
C.
This Township may require the owner of a nonresidential improved property or the owner of a nonresidential improved property may elect to install, pay for and maintain a meter approved by this Township for measuring wastes discharged into the sewer system, in which case the sewer rentals or charges shall be based on the actual quarterly volume of wastes discharged into the sewer system, at the same volume rate and subject to the same minimum sewer rental or charge set forth in Subsection 1. The total billing to nonresidential improved properties for any service period shall be not less than 75% of the maximum billing of any one of the three consecutive preceding service periods; subject, however, also to the minimum sewer rental or charge set forth in Subsection 1 above.
D.
Each industrial establishment discharging sanitary sewage and industrial
wastes to the sewer system shall be governed by the terms and conditions
of the treatment agreement applicable to the treatment of the sanitary
sewage and/or industrial wastes discharged by said industrial establishment
and with any ordinances, resolutions, rules and regulations of the
municipality or municipality authority owning or operating the applicable
wastewater treatment facilities. Rules and regulations which govern
the acceptability of sanitary sewage and industrial wastes for admission
to the sewer system, the measurement and analysis of such wastes and
surcharges for strengths or properties which exceed those normal to
sanitary sewage, shall be those rules and regulations of the applicable
municipality or municipality authority owning or operating the applicable
wastewater treatment facility.
E.
Additional classifications and sewer rentals or charges or modifications of the schedule contained in Subsection 1 of this section may be established by Manchester Township, from time to time, as deemed necessary. Notwithstanding the foregoing, the Board of Supervisors, upon resolution of said Board, is hereby empowered to modify the rates set forth in this section to provide for increases or decreases in the treatment charge imposed by the municipality or municipality authority owning or operating the applicable wastewater treatment facility or in the Township maintenance and bond redemption charges for the sewer system.
F.
Nothing contained herein shall be construed as prohibiting special
agreements between this Township and owners of nonresidential improved
properties under conditions and circumstances making special agreements
advisable and necessary.
[Ord. 1978-9, 7/14/1978, § 3; as amended by Ord.
1980-3, 2/26/1980, § 1; and by Ord. 1985-8, 10/22/1985,
§ 1]
1.
All bills for sewer rentals or charges, except those based on metered
water consumption or metered waste volume, shall be rendered in calendar
quarters, on the first days of January, April, July and October, respectively,
in each year or on such other dates as this Township shall specify
and shall cover a quarterly billing period consisting of the immediately
preceding three complete calendar months. All bills for sewer rentals
or charges based on metered water consumption or metered waste volumes
or estimates of this Township shall be rendered for each quarter-annum
promptly after the meters are read or estimates made. Owners of improved
properties connected to the sewer system during any calendar quarter
shall pay a pro rata sewer rental or charge for service for the balance
of the calendar quarter.
2.
If the full amount of such bill shall not be paid within 30 days
from the date of billing, an additional sum of 10% shall be added
to such net bill, which net bill plus such additional sum shall constitute
the gross amount thereof. Any bill that remains unpaid after 90 days
shall be entered as a lien pursuant to the Municipal Lien Law, which
lien shall include attorneys' fees and costs for collection of
same.
[Amended by Ord. No. 2018-01, 2/13/2018]
3.
Every owner of an improved property which is connected to the sewer
system initially shall provide this Township with and thereafter shall
keep this Township advised of his correct address. Failure of any
person to receive bills for sewer rentals or charges shall not be
considered an excuse for nonpayment nor shall such failure result
in an extension of the period of time during which the net bill shall
be payable.
[Ord. 1978-9, 7/14/1978, § 4]
Sewer rentals or charges imposed by this Part shall be a lien
on the improved property connected to and served by the sewer system
and any sewer rentals or charges which are delinquent shall be filed
as a lien against the improved property connected to and served by
the sewer system, which lien shall be filed and collected in the manner
provided by law for the filing and collecting of municipal claims.
[Ord. 1978-9, 7/14/1978, § 5]
1.
No person shall discharge or cause to be discharged any stormwater,
surface water, spring water, ground water, roof runoff, subsurface
drainage, building foundation drainage or drainage from roof leader
connections into any sewer.
2.
This Township reserves the right to refuse permission to connect
to the sewer system, to compel discontinuance of use of the sewer
system or to compel pretreatment of industrial wastes by any industrial
establishment, in order to prevent discharges deemed harmful or to
have a deleterious effect upon any portion of the sewer system.
3.
No sanitary sewage or industrial wastes shall be discharged to the
sewer system which violate limiting criteria for quality or quantity
of sanitary sewage or industrial wastes as prescribed by the municipality
or municipality authority owning or operating the applicable wastewater
treatment facility to which the sanitary sewage or industrial wastes
are to be transported for treatment and disposal or which violates
any laws, rules or regulations of any governmental regulatory agency
having jurisdiction in the premises.
4.
Where necessary all owners shall install suitable pretreatment facilities in order to comply with Subsection 3 of this section. Plans, specification and any other pertinent information relating to proposed facilities for preliminary pretreatment and handling of wastes shall be submitted for approval to this Township and no construction of any such facility shall be commenced until approval thereof first shall have been obtained, in writing, from this Township and until approval thereof first shall have been obtained from any governmental regulatory body having jurisdiction. Whenever facilities for preliminary treatment and handling of wastes shall have been provided by any owner, such facilities continuously shall be maintained, at the expense of the owner, in satisfactory operating condition and this Township shall have access to such facilities at reasonable times for purposes of inspection and testing.
5.
Nothing contained in this section shall be construed as prohibiting
any special agreement or arrangement between this Township and any
person whereby industrial wastes of unusual strength or character
may be admitted into the sewer system by this Township, either before
or after preliminary treatment.
[Ord. 1978-9, 7/14/1978, § 6]
1.
No person shall discharge or cause to be discharged into the sewer
system any industrial wastes except upon application to this Township
and upon receipt of a written permit therefor from this Township.
2.
Required Survey Data. Any person desiring to make or use a connection
to the sewer system through which industrial wastes shall be discharged
into the sewer system shall file with this Township an application
for a permit, such application to conform to requirements of the municipality
and/or municipality authority which owns or operates the applicable
wastewater treatment facilities to which the industrial wastes are
to be transported for treatment and disposal. The cost of obtaining
all such data shall be borne by the person desiring to make or use
a connection to the sewer system.
3.
Control Manholes. Any person who shall discharge industrial wastes
into the sewer system, when required by this Township, shall construct
and thereafter properly shall maintain, at his own expense, a suitable
control manhole and other devices as may be approved by this Township
to facilitate observation, measurement and sampling by this Township
of industrial wastes discharged to the sewer system. Any such control
manhole, when required by this Township, shall be constructed at an
accessible, safe, suitable and satisfactory location in accordance
with plans approved by this Township prior to commencement of construction.
4.
Changes in Types of Wastes. Any industrial establishment discharging
sanitary sewage and/or industrial wastes into the sewer system and
contemplating a change in the method of operation which will alter
the characteristics and/or volumes of wastes at the time being discharged
into the sewer system shall notify this Township, in writing, at least
10 days prior to consummation of such change.
5.
This Township reserves the right to require industrial establishments
having large variations in rates of waste discharge to install suitable
regulating devices for equalizing waste flows to the sewer system.
[Ord. 1978-9 7/14/1978, § 7; as amended by
Ord. 1987-9, 9/8/1987, § 7]
1.
Volume Measurement. The volume of water to be used for billing sewer
rentals to all sewer rental units shall include any and all water
purchased from the York water Company or any other private or public
water company and in addition all water obtained from any other source
or sources (wells, springs, streams, etc.) as determined:
2.
Excluded Water. Exclusion from the sewer system and treatment plant
of noncontaminated wastewaters may be required by the Township or
such exclusion may be optional with the property owner if not required
by the Township. When such wastewaters are not discharged to the sewer
system, sewer rentals shall be based upon total water consumption,
less wastewaters not discharged to the sewer system. Wastewaters not
discharged to the sewer system may be determined from meters installed
and maintained by the owner or the owner may elect to measure the
volume of waste actually discharged to the sewer system as provided
for below.
3.
Sewer Meters. The Township may require a nonresidential establishment,
or the nonresidential establishment may elect to install, pay for
and maintain a meter approved by the Township for measuring wastewater
discharged to the sewer system, in which case sewer rentals shall
be based upon the actual volume of wastes discharged to the sewer
system.
4.
Sewer Rental Surcharges for Nondomestic Wastes. In addition to sewer
rent for collection and treatment of sewage discharged into the sewer
system by commercial and industrial users, further charges shall be
made for all sewage discharged into the sewer system having suspended
solids and biochemical oxygen demand in excess of the following concentrations:
A.
Suspended Solids. Three hundred fifty milligrams per liter.
B.
BOD Three hundred milligrams per liter.
C.
BOD One thousand eight hundred milligrams per liter.
The total surcharge fee shall equal the sum of each such surcharge
fee as calculated by the following formulas:
|
(1)
|
If SS is greater than 350 mg/L, a surcharge shall be assessed
for SS in an amount equal to:
|
|
8.34 x Q x (SS - 350) x K1
1,000,000
| |
|
(2)
|
If BOD is greater than 300 mg/L, a surcharge shall be assessed
for BOD in an amount equal to:
|
|
8.34 x Q x (BOD - 300) x K2
1,000,000
| |
|
(3)
|
If BOD is greater than 1,800 mg/L, an additional surcharge shall
be assessed for BOD in an amount equal to:
|
|
8.34 x Q x (BOD - 1,800) x K2
1,000,000
|
|
Where:
|
Q
|
=
|
Volume in gallons.
|
|
BOD
|
=
|
5 day biochemical oxygen demand of sewage in milligrams per
liter.
| |
|
SS
|
=
|
Suspended solids of sewage in milligrams per liter.
| |
|
K1
|
=
|
Cost factor per pound of SS.
| |
|
K2
|
=
|
Cost factor per pound of BOD.
| |
|
Cost factors K1 and K2 shall be determined by administrative
order of the City of York, operator of the sewage treatment facility,
based upon costs and are hereby incorporated by Township. The strength
of any sewage subject to surcharge shall be determined quarterly,
or more frequently as the Township and City of York shall determine,
based upon sampling by the Township or City of York or their designees.
However, the Township or City of York may, if they so elect, determine
the strength of sewage based upon the results of routine sampling
and analysis by the producer of such sewage or the results of analysis
from previous quarters or from the results of analysis of sewage from
similar customers.
| |||
5.
Inspection Facilities. When directed by the Township nonresidential
establishments shall install, pay for and maintain a manhole, or other
device as may be approved by the Township, to facilitate observation,
measurement and sampling of wastes discharged to the sewer system
and treatment plant. The Township, or its duly authorized representatives,
shall at all reasonable times be permitted to enter upon any and all
properties for the purpose of inspecting all metering devices and
of observing, measuring and sampling wastes discharged to the sewer
system and treatment plant. Any nonresidential establishment that
desires to connect with the sewer system or which is connected to
the sewer system and plans to change its operations so as to materially
alter the characteristics and/or volumes of wastes discharged therefrom
shall notify the Township, in writing, at least 10 days before making
such connection or changing its operation.
6.
Installation and Maintenance of Meters. If the owner of any industrial
or commercial establishment shall be required pursuant to the foregoing
provisions to install a water meter or meters or a meter or meters
for measuring wastewaters, it shall be the duty of such owner to furnish
and install such meter at his own expenses and, in such case and also,
if such owner shall have voluntarily installed such meter or meters,
such owner shall be required to maintain the same in good operating
condition and make all necessary repairs and replacements. If the
owner, being obligated to do so, shall fail to furnish or install
such meter or meters or shall fail to maintain the same as above provided,
then in any such case after 10 days written notice by the Township
to perform such obligation, the Township may enter onto such property
at all reasonable times and install such meter or meters or repair
and maintain the same, as the case may be, and charge the cost of
such installation or repair to such owner. Bills for such installation
or repairs if made by the Township shall be due and payable immediately
upon completion of the work and then shall be collection in the same
manner as quarter annum bills for sewer rentals and charges.
[Ord. 1978-9, 7/14/1978, § 8]
This Township reserves the right to adopt, from time to time,
such additional rules and regulations as it shall deem necessary and
proper in connection with use and operation of the sewer system, which
rules and regulations shall be, shall become and shall be construed
as part of this Part.
[Ord. 1978-9, 7/14/1978; as added by Ord. 1983-10, 12/13/1983,
§ 4; as amended by Ord. 1990-8, 9/11/1990, § 3;
by Ord. 1997-2, 3/11/1997, § 2; and by Ord. 2002-01, 1/7/2002]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
