A.
Sewer system. As of the effective date of this chapter, all areas
within Springfield Township currently sewered shall constitute the
Springfield Area Sewer System (Springfield System). Township areas
sewered by developers shall become part of the Springfield System
when dedicated. All sewerage facilities within the Springfield System
are owned, operated and maintained by the Bucks County Water and Sewer
Authority (the Authority). The Authority reserves the right to determine
that any proposed sewerage facilities shall not be accepted by the
Authority and shall be privately owned, operated and maintained. All
proposed sewerage facilities, both Authority and privately owned,
shall be designed and installed in accordance with standards as established
by the Authority Engineer.
B.
Records and reports. It shall be the duty of the Authority to provide
all necessary books, records, bills and other forms and stationery
and to keep a proper record of all assessments, charges, service rates
and rentals and all payments hereunder, whether collectible by the
Authority or otherwise.
C.
Service of notices (for incidents not under the jurisdiction of the
City of Philadelphia Water Department). It shall be the duty of the
Authority to serve any notices on the property owner as may be required
by provisions of this chapter. Any such notices shall be deemed sufficient
if such notice shall have been left with the property owner personally
or left with the known agent or occupant of the premises, or, if there
is no agent or occupant known to the Authority, then the same shall
have been posted on the premises.
A.
No connection between any property and any Springfield System sewer
shall be permitted or made under any circumstances unless and until
the assessment against said property therefor shall have been paid
or the option for deferred payment shall have been exercised, unless
permitted by the BCWSA.
B.
Owners of private property in this Township not abutting on said
sewers and not assessed therefor may be permitted to connect, at their
own expense, with said sewer by a legally constructed private drain
upon payment of $3,431 for each dwelling or its equivalent connected,
plus the prescribed charge for applicable highway and plumbing fees,
provided that the amount paid under this private connection agreement
shall be deducted from any subsequent assessment of such property,
and, provided further, that this sewer connection rate may be adjusted
from time to time in accordance with municipal law.
C.
Private lateral connections authorized by the Authority shall be
made at the owner's expense and shall be subject to applicable
Authority and Township fees in addition to assessed connection rates.
D.
Connection fees at prevailing rates shall be payable prior to the
signing of a PA DEP planning module. No phasing is allowed.
E.
Any connection shall be made within two years of the date of the
Authority-issued permit following payment of the connection fee. After
the two-year connection period, the ability to connect is voided.
However, extensions to that connection agreement may be requested
in writing and are subject to determination by the BCWSA Board of
Directors.
F.
In the case of nonresidential connections, the number of connections
shall be based on both the number of separate units connected or comparable
use data supplied to BCWSA.
G.
The connection fee shall be recalculated whenever a use change, flow
increase or facility expansion is proposed.
H.
Connection fees shall not be reduced and/or refunded unless approved
by the Authority.
I.
In cases of condominium ownership, each unit, whether residential
or other than residential, shall be considered as a separate entity
for connection fee purposes.
A.
All owners of properties connected with and using the Springfield
System shall pay an annual rental or charge therefor.
B.
The annual sewer rental rate or charge shall be sufficient to meet
the total operating expense to maintain the Springfield System and
stormwater sewer collection systems and their appurtenances, including
the amortization of sewer indebtedness and the maintenance of a sewer
reserve fund.
C.
The sewer rental rate or charge shall be based on water consumption
records as recorded by either the Philadelphia Suburban Water Company
or the City of Philadelphia Water Department, hereinafter referred
to as the "water company," depending on the water source utilized
by the property owner. In those cases where properties secure water
from wells or from sources other than a water company, the Authority
shall estimate the water consumed by said properties by taking into
consideration the experience of similar properties in the immediate
area.
D.
The annual sewer rental rate or charge shall be calculated on the
total water consumption, less an allowance of 20% for all those circumstances
where water is not consumed into the sanitary sewer system. If the
property owner has installed a separate meter to account for water
not consumed into the sewer system, the metered accounting or the
twenty-percent-allowance, whichever is greater, shall be used to calculate
the net water consumption amount for billing purposes.
E.
The annual sewer rental rate or charge shall be $6.36 per 1,000 gallons
of water, net 20% of usage. This rate may be changed, annually, by
resolution of the BCWSA Board of Directors.
F.
The Authority is hereby authorized to compute sewer bills and collect
the rentals in accordance with Authority policy. Bills and/or rentals
are payable by the owners of the property.
G.
A fee schedule shall be set to pay legal counsel for representation
in proceedings to recover any delinquent municipal claim. The Authority
approves these fees and finds them fair and reasonable for the services
to be rendered and shall impose them upon the property owner in proceedings
to recover delinquent municipal claims, together with any additional
expenses.
H.
The applicant shall contact BCWSA for the fees required at the time
of the connection. These will be based on the current BCWSA rate and
fee schedule, which is adjusted annually.
I.
Adjudication. The owner may petition the Court of Common Pleas of
Montgomery County, being the county in which the property subject
to the municipal claim and lien is located, to adjudicate the reasonableness
of the attorneys' fees imposed.
J.
Notices. At least 30 days prior to assessing or imposing attorneys'
fees in connection with the collection of a delinquent account, the
Authority shall, by United States certified mail, return receipt requested,
postage prepaid, mail to the owner the notices as set forth hereafter.
K.
Refusal of mail. If, within 30 days of mailing the notice in accordance
with the foregoing subsection, the certified mail is refused or unclaimed,
or the return receipt is not received, then at least 10 days prior
to assessing or imposing attorneys' fees in connection with the
collection of a delinquent account, the Authority shall, by United
States first-class mail, mail to the owner the notice required hereafter.
L.
Contents of notice. This notice shall be mailed to the owner's last-known post office address and shall state that it is the intention of this Authority to impose or assess attorneys' fees within 30 days of mailing the notice pursuant to Subsection J hereof, or within 10 days of the mailing and the notice pursuant to Subsection K hereof, for services rendered in connection with the collection of the delinquent accounts due to the Authority and providing for notices and opportunity for hearing, together with a statement setting forth the manner in which the imposition or assessment of attorneys' fees may be avoided by payment of the delinquent account.
A.
The Authority shall not be liable for any damage or expense resulting
from leaks, stoppage or defective plumbing or from any other cause
occurring to any premises or within any house or building; and it
is hereby expressly stipulated by all persons making connection with
the sewers that no claims shall be made against the Authority on account
of the breaking or stoppage of or any damage to the house sewer line
or connection when the cause thereof is found to be in such house
sewer line or connection.
B.
The Authority shall not be liable for a deficiency or failure when
occasioned by an emergency or required repairs or failure for any
cause beyond its control.
