[Adopted 11-2-1981 by Ord. No. 827 (Ch. XIV, Part 2, of the 1962 Code)]
As used in this article, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Catasauqua, Lehigh County, Pennsylvania.
INDUSTRIAL ESTABLISHMENT
Property used by a person, wholly or in part, for the manufacturing, fabrication, processing, cleaning, laundering or assembly of any product, commodity or article.
NONRESIDENTIAL UNIT
One or more rooms, with water fixtures, designed or used for the purpose of engaging in activities of, or connected with, commerce, industry or education.
PERSON
Any individual, firm, company, association, society, corporation, group or political subdivision.
RESIDENTIAL UNIT
One or more rooms, including kitchen and sanitary facilities, designed for occupancy by not more than one family for living or sleeping purposes, or by a group of persons who are not all related by blood or marriage, living together and sharing the same water service.
SANITARY SEWER
A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
SEWER SYSTEM
All facilities for collecting, treating and disposing of sewage.
WASTE WATER
The water-carried waste from residences, business buildings, institutions and industrial establishments.
WATER COMPANY
The Catasauqua Borough Municipal Water Works or any other water company supplying water to a user of the Catasauqua Sanitary Sewer System.
[Amended 10-3-1988 by Ord. No. 935]
Each new user shall install appropriate laterals to the closest sewer main as approved by the Borough Engineer, or shall reimburse the Borough for its cost of supplying the lateral. In addition, there shall be a new service connection charge for each residential, nonresidential or industrial unit as set from time to time by resolution of Borough Council.[1]
[1]
Editor's Note: See Ch. A285, Fees.
There is hereby imposed upon each and every person connected to the sewer system operated by the Borough of Catasauqua, sewer rents as hereinafter set forth.
[Amended 8-4-1986 by Ord. No. 903]
All persons owning property connected to the sewer system and served with unmetered water service by the water company shall pay a quarterly rental for sanitary sewage services based on a rate schedule as established by resolution of Borough Council.[1]
[1]
Editor's Note: See Ch. A285, Fees.
[Amended 8-4-1986 by Ord. No. 903]
All persons using the sewer system who are served by metered water shall pay a quarterly rental for sanitary sewage services based upon quantity of water used, as evidenced by meter readings of water meters installed and maintained by the appropriate water company for the purposes of measuring water purchased from that company. Where sewage itself is measured for any person, then the meter readings shall be utilized instead of the water meter readings. The rate for metered customers shall be as established by resolution of Borough Council.[1]
[1]
Editor's Note: See Ch. A285, Fees.
[Added 11-5-2001 by Ord. No. 1128]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ACTION LEVEL
The concentration and/or mass above which the Borough believes has the potential to cause problems due to differences in treatability and/or toxicity of a specific discharge.
AVERAGE WASTELOAD SURCHARGE
A surcharge calculated from the waste analysis, the strength factor and the site's quarterly water consumption or the actual measured flow to the sewer, based on the average quantity (in pounds) of surchargeable material discharged.
CHANGED DISCHARGES
Any change that will significantly affect the quality, composition, color, odor, pH, toxicity or temperature of the effluent or increase the potential and/or the severity of slug discharges.
LOCAL LIMITS
The maximum concentration of pollutants allowable in wastewater discharges to the wastewater treatment system.
PROHIBITED DISCHARGE LEVEL
For purpose of the protective surcharge program, a level above which a user is not allowed to discharge, based on concentration and/or mass for any parameter which the Borough believes has the potential to cause pass through, interference, NPDES violations or any other operating problems. The prohibited discharge level is also known as the cease and desist level.
SINGLE EVENT SURCHARGE
A flat rate surcharge for each parameter in a high strength discharge not covered by quarterly surcharges.
SLUDGE PROTECTION REQUIREMENTS
The maximum concentration of pollutants allowable in wastewater discharges to the wastewater treatment plant, which are calculated to ensure the greatest opportunities for the plant to dispose of its sludge in the most efficient and economic means available.
STRENGTH FACTOR (SF)
The strength factor compensates for the additional plant capacity utilized and the increased operating expenses from accepting wastes at or over the action level. The SF will be 1.0 below the action level and 2.0 for wastes at or above the action level with prior Borough approval.
SURCHARGE
An additional amount levied against a discharger to the Catasauqua wastewater treatment system whether located within the Borough or in one of the contributing communities, imposed as a result of sampling results indicating a discharge above an enumerated level.
SURCHARGE SAMPLING MANHOLE
An approved sampling manhole purchased and/or installed by the user, with provision for flow measurement.
B. 
Protective surcharge program.
(1) 
General purpose. The protective surcharge program is established to regulate discharges to the wastewater treatment system and plant which have characteristics, and/or strengths, which require additional treatment, additional plant capacity or could cause pant upsets, NPDES violations or other operating problems. The program establishes levels of discharge for various parameters and provides a table for calculating the surcharge to be levied at various thresholds of discharge. The program also authorizes the Borough to prohibit discharges of certain materials.
(2) 
Surcharge schedule and formula.
(a) 
The formula for calculating the average waste load surcharge is:
QS = CONC(mg/l) x FLOW(MG) x 8.34 x SF x R
Where:
QS
=
Quarterly surcharge for each surchargeable parameter.
CONC
=
The surchargeable concentration, the difference between the effluent concentration and the surcharge level in mg/l.
FLOW
=
The total quarterly flow in millions of gallons.
8.34
=
The conversion factor from mg/l to pounds.
SF
=
The strength factor.
R
=
Surcharge rate.
Surcharge Levels (mg/l) and Rates ($/lb)
Parameter
TSS
BOD
COD
NH3-N
TKN
Surcharge Level
200
200
600
30
75
Action Level
600
600
1,200
120
600
Prohibited Level
850
850
2,500
200
1,000
Surcharge Rates
(See Note 1)
Table Notes:
1.
The surcharge rates are established by Borough Council by resolution from time to time.
2.
Surcharges from other parameters may be adopted by resolution at a later date.
3.
In situations where BOD and/or NH3 - N are not representative of the strength of industrial and commercial discharges, surcharges for COD and/or TKN may be substituted. Since some materials can vary widely in treatability and toxicity, the discharge of any materials within the above limits that the Borough believes cannot be treated effectively or will cause other problems, can be restricted or prohibited.
4.
In addition to the surcharges calculated from the above table the cost of sampling and analysis will be added to the invoice. Fees for source identification and control may also be included.
(3) 
Single event surcharge.
(a) 
A minimum of one sample is required to access a single event surcharge. These surcharges apply regardless of the quantity discharged. For each parameter over the surcharge level the single event surcharge shall be calculated according to the following schedule:
[1] 
Up to twice the surcharge level: one times event rate.
[2] 
Over twice the surcharge level: two times event rate.
[3] 
Over the action level: four times event rate.
[4] 
Over the prohibited level: eight times event rate.
(b) 
The event rate shall be established by resolution of Borough Council from time to time.[1]
[1]
Editor's Note: See Ch. A285, Fees.
(c) 
In addition to the surcharges calculated from the above table the cost of sampling and analysis will be added to the invoice. Fees for source identification and control may also be included.
(4) 
General regulations.
(a) 
The payment of a surcharge is not an authorization for discharge. Discharges are only authorized by permit or permit amendment. Unauthorized discharges will be surcharged and may also be subject to enforcement action. Enforcement action may also be taken for each parameter exceeding the action or prohibited levels. Discharges of the prohibited level must immediately cease.
(b) 
Total prohibitions. In cases where the Borough believes that a material could cause problems at very low levels due to its toxicity and/or treatability, the prohibited level will be set at zero and no discharge will be permitted.
(c) 
When an action level is reached, the Borough will make a decision based on the specific circumstances ranging from allowing the discharge to continue, to requiring pretreatment, to a temporary or permanent prohibition. Discharges above the action level are prohibited unless specifically approved by the Borough in writing. The Borough will only approve a discharge above the action level if the user demonstrates to the Borough's satisfaction that the discharge will not cause problems. When a discharge exceeds the action level, the Borough may also require pretreatment, issue a temporary or permanent discharge prohibition, or take other action as deemed necessary, including the establishment of a schedule for the user to bring its discharge into compliance with the action level.
(d) 
Flow equalization will be required for large variations in flow rates and/or pollutants concentration. Flow equalization is not the same as dilution of waste discharges, which are not allowed.
(5) 
Sampling and analysis costs for surcharges. The costs for sampling and analysis will be added to the surcharge.
(6) 
Random sampling. The Borough will conduct sampling without notifying the user. The users must grant twenty-four-hour sampling access to the site as specified by Borough ordinance. Sampling points must be located outside any buildings unless the Borough is given permission in writing for unrestricted access without notification and/or interference.
(7) 
Surcharge sampling. The Borough will collect either time-proportioned composite samples or grab samples depending on the types of sampling point, which in many cases, will be a sewer cleanout. Where necessary, a single grab may be used. In certain instances, the Borough may require the installation of an approved sampling manhole with recording flow measuring equipment (compatible with Borough sampling equipment) so flow proportional composite sampling can be used.
(8) 
Source identification and control fees. When unusual and/or problem discharges are detected in the collection system, at the treatment plant or in the plant's effluent to the river, the Borough must try to identify and control these discharges. The identification and control activities can be time consuming and expensive, at times requiring the use of outside consultants, contract laboratories, engineers and attorneys. When a probable source (or sources) of discharges causing actual or potential problems is identified, the Borough will assess a fee to cover its identification and control expenses. (For example: Sampling and analysis costs, administrative time and consultant and attorney fees.) The minimum fee for these extras services will be as set from time to time by resolution of Borough Council.[2] Based on the circumstances of the incident, an enforcement action may also be initiated.[3]
[2]
Editor's Note: See Ch. A285, Fees.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(9) 
Responsibility for surcharges. In the event that the materials qualifying for a surcharge are found in the effluent from multi-tenant building without sampling points for each occupant, the individual or firm whose name appears on the water/sewer bill (for example: landlord, building owner or management company) will be responsible for the surcharge.
(10) 
Responsibility for pollutant discharges. In the event that the materials harmful to the environment and/or in violation of federal, state and local government rules and regulations are found in the effluent from a multi-tenant building (without individual sampling points for each occupant) the individual or firm whose name appears on the water/sewer bill will be held responsible for taking action to control the source and will be subject to the actions listed in the Enforcement Response Plan.
(11) 
Sampling for average surcharges. A minimum of three samples, collected on either consecutive or nonconsecutive days are required. Any screening sampling done may count as part of the total sampling required. Sampling times may be based on the site's operating schedule. Resampling will be done at least annually. Resampling can be requested when a documented and approved changed discharge occurs.
(12) 
Revised surcharges, action and prohibited levels. Surcharges, action and prohibited levels can be revised by ordinance and/or permit amendment based on operating experience and environmental impact.
(13) 
Allocation of plant capacity. The Borough can allocate and/or limit the amount of any material discharges as necessary.
(14) 
Request for information on discharge volumes. The user will be sent a request requiring that copies of the water bill(s) for the previous six months be sent to the Borough within 15 days. The number of operating days during each billing period must be marked clearly on each bill. Other information may also be requested. If the water bill(s) is/are not furnished within 15 days, the Borough will estimate the flow for calculating the surcharge. Adjustments may be made after the water bill(s) or other flow data has been received.
(15) 
Alternative methods of effluent flow measurement. If there are reasons why using the water bill data will not serve as a measure of effluent flow, the user should propose a suitable alternative method to the Borough. Any method approved must be installed at the user's expense.
(16) 
Adjustments/questions. If adjustments are requested or there are any questions about the surcharges, a written request for review should be submitted to the Pretreatment Coordinator within 30 days of imposition of the surcharge(s).
(17) 
Failure to pay. Those that fail to pay surcharges after two notices, will be issued a civil penalty or a summons to appear before the District Justice. The Borough has the option to issue "Letters of Violation" instead of notices.
(18) 
Split samples. When requested, the Borough will split samples as outlined below. The Borough reserves the right to obtain QA/QC Data from the user's lab before agreeing to split. The Borough also reserves the right to split with a referee lab. If a referee lab is used, the sewer user will be billed for half the costs. The results from all participating labs will be averaged, if statistically relevant.
(19) 
Procedures for splitting samples. To assure a random sample, the Borough will notify the sewer user only on the day of sample collection. The users designated contact will be notified a minimum of one hour prior to sample collection. Persons (either in the user's employ or the user's contract lab) must use a "Chain of Custody" form and keep it on file for one year. If the user's representative does not show up within 15 minutes of the scheduled time, the Borough has no obligation to split the sample.
[Amended 8-4-1986 by Ord. No. 903]
All persons having property serviced by the sewer system operated by the Borough of Catasauqua, who also have metered water, shall pay a minimum sewer rental per quarter per unit as set by resolution of Borough Council.[1]
[1]
Editor's Note: See Ch. A285, Fees.
A. 
Volume of all water consumed, to be used for billing sewage service charges under this article, shall include water purchased from the water company plus water obtained from sources other than the water company and shall be determined:
(1) 
From meters installed and maintained by the water company; or
(2) 
From meters approved by the Borough but installed and maintained by the property owner; or
(3) 
From estimates or measurements made by the Borough in situations where meters are inaccurate or inoperative.
B. 
Where a single meter is used to measure water supplied to two or more premises, properties or establishments, the quantity of water used will be divided equitably to each of such premises, properties or establishments for billing purposes.
A. 
Noncontaminated waste waters and waters which are used solely for cooling purposes shall be excluded from the sewer system and the sewer rental charge will be based on water metered, less water so excluded at the rates provided for in this article. Similar credit may be allowed for water consumed in connection with steam generation or other purposes where no sewage or wastes result. The volume of water excluded from the sewer system may be determined from meters installed and maintained by the industrial establishment or from estimates or measurements made by the Borough or the industrial establishment may elect to measure the volume of wastes actually discharged into the sewer system. For this purpose, any industrial establishment, at its own expense, may install and maintain a recording and totalizing flow meter approved by the Borough for measuring the sewage and wastes discharged to the sewer system in which case sewer rental rates applicable under the provisions of this article to water consumed per quarter shall be applied to the gallons of sewage discharged into the sewer system per quarter plus applicable surcharges for strength of wastes under § 210-15.
B. 
Any industrial establishment which, after taking advantage of this section, bypasses or otherwise interferes with the correct measurement of sewage, shall be backfilled for all previous credits and thereafter deprived of the benefits of this section.
The Borough through its duly authorized representatives shall have access at all reasonable times to inspect meters used for establishing or determining water consumption or sewage flow.
Lateral and connection charges (§ 210-11), shall be payable upon application for a permit to make such installation. 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 January, April, July and October of each year. In the case of metered persons, the bill shall be for the quarterly calendar period immediately preceding the date of the bill. In the case of nonmetered persons the bill shall be for the next quarter.
[Amended 6-5-1989 by Ord. No. 945]
A. 
All sewer bills not paid within 30 days from the date of billing shall have an additional sum of 15% added to the bill.
B. 
If the sewer bill for a property shall remain unpaid for a period of 60 days from the date of billing, formal notice to the owner thereof that the Borough will institute procedures to place a lien against the property for the unpaid bill, will be sent. 15 days after the letter has been sent, if no payment has been received, then the Solicitor shall be notified to immediately file a lien against said property and proceed under the "Municipal Claims and Liens Act" to collect the sum due and owing.
C. 
All persons whose properties are connected to the sewer system must give the Borough 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.
D. 
Any payment or payments made on a sewer bill shall be credited in the following order: first to any interest accrued, then to any legal costs, then penalties, then delinquent balances, then current balances.
The funds received by the Borough from the collection of the connection charges, or from sewer rentals and all penalties thereon as herein provided for, and any fines collected by the Borough in connection with the sewer system, shall be segregated and kept separate and apart from all other funds of the Borough, and shall be used only for the purpose of defraying the expenses of the Borough in the operation, maintenance, repair, alteration, inspection, depreciation or other expenses in relation to such sewer system and for such payments as the Borough may be required to make under any lease or agreement it may enter into for and of, or in connection with, said sewer system with the Authority, in accordance with the provisions of the Act of May 2, 1945, P.L. 385, as amended.
The Borough reserves the right to, and may from time to time, adopt, revise, amend and readopt such rules and regulations as it deems necessary and proper for the use and operation of the sewer system, and all such rules and regulations shall be and become a part of this article.