[Adopted 12-10-2002 Ord. No. 2002-21[1]]
[1]
Editor's Note: This ordinance also repealed former Art. IV, Service Charges; Sewer Uses adopted 6-11-1997 by Ord. No. 97-10.
This article sets forth the following uniform requirements for users of the sewer system:
A. 
All buildings within the Borough must be connected to the sewer system.
B. 
Fees for the acceptance, treatment and disposal of domestic waste sanitary sewage.
C. 
Fees for the acceptance, treatment and disposal of industrial wastes and industrial wastes mixed with sanitary sewage.
D. 
Provisions for the collection of the authorized fees and charges.
A. 
The following words, terms and phrases will hereinafter have the meanings set forth in this section, unless the context clearly requires a different meaning:
BILLING PERIOD
The interval of time between two successive bills; under normal conditions it will be approximately 30 days.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° C. (68° F.) expressed in terms of weight and concentration [milligrams per liter (mg/L)].
BOROUGH
The Mayor and Town Council of the Borough of Chambersburg, commonly known as "The Borough of Chambersburg," and/or its duly authorized representatives acting on its behalf.
BUILDING SEWER
A sanitary sewer conveying wastewater from the premises of a user to the sewer system.
COMMERCIAL or INDUSTRIAL ESTABLISHMENT
A separate building, group of buildings, or room or group of rooms on a parcel of land held in separate ownership wherein a commercial or industrial activity is carried on by any person. It shall not necessarily include an office room, or suite of rooms in a building, accommodating a number of separate offices, except that to the extent that such offices are set apart from each other and provided with separate toilet facilities for employees, each shall constitute a separate establishment. The determination of the Borough as to what constitutes a separate establishment shall be final.
COMPOSITE SAMPLE
A sample composed of individual subsamples taken at regular intervals over a specified period of time. Subsamples may be proportioned by time interval or size according to flow (flow-proportioned composite sample) or be of equal size and taken at equal time intervals (equal-time composite sample).
COOLING WATER
The water from any use such as air conditioning, cooling or refrigeration, which does not come into contact with any product, by-product or waste and to which the only pollutant added is heat.
DISCHARGE
The conveyance of any water or wastewater into the sewer system.
DOMESTIC WASTE
Normal household wastes from kitchen, water closets, lavatories and laundries, or any waste from a similar source and possessing the same characteristics.
DWELLING UNIT
A separate dwelling, apartment, room or group of rooms used for separate dwelling purposes and equipped for the preparation of food. In all cases the determination of the Borough as to what constitutes a separate dwelling unit shall be final.
EPA
The United States Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency.
INDUSTRIAL USER
Any person who discharges industrial waste into the sewer system.
INDUSTRIAL WASTE
Any solid, liquid or gaseous substance, or form of energy, which is produced as a result, whether directly or indirectly, of any industrial, manufacturing, trade or business process or activity, or in the course of developing, recovering or processing of natural resources and which is discharged into the sewer system; but not cooling water of sanitary sewage. Any wastewater which contains industrial waste and which is discharged from an industrial, manufacturing, trade or business premise is considered industrial waste for the purposes of this article.
MANHOLE
A structure allowing access from the surface of the ground to a sewer.
Mg/l
Milligrams per liter; a measure of concentration of waterborne substances.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
pH
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.
SANITARY SEWAGE
The normal water-carried domestic wastes from any improved property, but excluding effluent from septic tanks or cesspools; rain, snow or stormwater; groundwater; or other collected water from roofs, drains or basements.
SANITARY SEWER
A sewer carrying only sanitary sewage or industrial wastes, and to which storm-, surface or ground waters are not intentionally admitted.
SEWAGE COLLECTION SYSTEM
All facilities of the Borough or any municipality party to a service agreement with the Borough, as of any particular time, used or usable for collecting, transporting, pumping and disposing of Wastewater, which facilities are connected to and served by the sewage treatment plant.
SEWAGE TREATMENT PLANT
That portion of the sewer system owned and operated by the Borough which is designed to provide treatment of wastewater and discharge of treated effluent to the environment.
SEWER
A pipe or conduit for conveying wastewater or stormwater.
SEWER SERVICE
The use of the sewer system to collect, transport and treat the discharge from any improved property.
SEWER SERVICE CHARGE
Charges for the use of the sewer system, as set forth in the §§ 242-18, 242-19, 242-20 and 242-21 of this article.
SEWER SYSTEM
The sewage collection system, sewage treatment plant and any sewers that convey wastewater to the sewage treatment plant. For the purposes of this article, "sewer system" shall also include any sewers that convey wastewater to the sewage treatment plant from persons who are, by contract or agreement with the Borough, users of the sewer system.
STANDARD METHODS
The latest edition of Standard Methods for the Examination of Water and Wastewater, published by the Water Environmental Federation, the American Public Health Association and the American Waterworks Association.
STATE
Commonwealth of Pennsylvania.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of, or is suspended in, water, Wastewater or other liquids, and which is removable by laboratory filtering.
UNIT
Shall mean 10 cubic feet of water.
USER
Any person, as defined above, owning any property served with sewer from the sewer system of the Borough. The user may designate that any person occupying his property receive the bills for sewer service to that property.
WASTEWATER
Industrial wastes or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which enters the sewer system.
B. 
Shall is mandatory; may is permissive.
A. 
The owner of any property in the Borough of Chambersburg benefited, improved or accommodated by a sanitary sewer shall connect such property with such sewer in such manner as may now or hereafter be proved by law, ordinance or regulations, and within such time as the Borough may order, for the purpose of discharge of such drainage or waste matter into such sanitary sewer as the Borough may now or hereafter specify. The repair and/or replacement of the building sewer from the sewer main in the street to the building shall be the responsibility of the owner of the property.
B. 
In addition to the penalties hereinafter provided, if the owner of any such property, after 45 days' notice from the Borough to make connection of such property with a Borough sanitary sewer, shall fail to make such connection, the Borough may make such connection and collect the cost thereof from such owner by a municipal claim or an action of assumpsit, as is provided by law.
C. 
The Borough Manager or the Superintendent of the Sewer Department of the Borough of Chambersburg are hereby authorized to carry out the provisions of this article and to issue notices in behalf of the Borough.
D. 
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days, provided each day's continuance of violation, after notice thereof by or on behalf of the Borough Council of the Borough of Chambersburg, shall constitute a separate offense.
E. 
Where such sewer service is temporarily not available, the Sewer Department, in conjunction with the Plumbing Inspector and the Borough's appointed sewage enforcement officers, shall enforce regulations consistent with the Pennsylvania Sewage Facilities Program for on-site sewage disposal systems.
A sewer service charge determined as hereinafter provided is hereby levied against the owner of each property connected to and served by the sewer system of the Borough for the acceptance, treatment and disposal of sanitary sewage and/or industrial wastes.
[Amended 12-9-2003 by Ord. No. 2003-13; 5-23-2005 by Ord. No. 2005-6; 6-8-2009 by Ord. No. 2009-12; 8-23-2010 by Ord. No. 2010-16; 1-24-2011 by Ord. No. 2011-01; 11-5-2012 by Ord. No. 2012-11; 12-9-2024 by Ord. No. 2024-14]
For the acceptance, treatment and disposal of sanitary sewage only, the sewer service charges to properties within the Borough boundaries shall be determined as follows:
A. 
Volume charge:
(1) 
For the acceptance, treatment and disposal of sanitary sewage: all units per billing period, per unit in an amount established by resolution of Town Council from time to time.
(2) 
For stormwater inflow and infiltration investigation and remediation: all units per billing period, per unit in an amount established by resolution of Town Council from time to time.
(3) 
The above charges shall apply to each dwelling unit and each commercial or industrial establishment.
B. 
Minimum charge. The minimum charge per month shall be in an amount established by resolution of Town Council from time to time based upon the nominal size of the water meter serving the property. Where more than one separate dwelling unit or commercial or industrial establishment is served by a single meter, a separate minimum charge at the rate established for a five-eighths-inch meter shall be charged for each such dwelling unit or establishment, but the minimum charge for the property shall not be less than that determined by the size of the water meter serving the property.
C. 
Determination of volume. For the purpose of determining the volume of sanitary sewage only, discharged into the sewer system from any property, the volume of water furnished to the property from the Borough's water system, as measured by the water meter at the property, shall be deemed to be the measure of the sanitary sewage discharged therefrom, unless a flow meter shall have been installed in the building sewer, or unless the property owner can establish to the satisfaction of the Borough that a substantial measured proportion of the water served to the property is not discharged into the sewer system. No claim for adjustment shall be considered on account of unmeasured water used for sprinkling with an approved measuring device.
D. 
If a flow meter is installed in the building sewer, the volume of flow indicated thereby shall be deemed to be the measure of the volume of wastewater discharged. If a substantial portion of the water measured by the water meter is not discharged into the sewer system, the Borough Manager or the Superintendent of the Sewer Department of the Borough of Chambersburg is hereby authorized to establish an equitable basis for the determination of the sewer service charges. In general, any person wishing any such determination may be required to install a separate water meter or meters or a wastewater meter, at his own expense, to serve as a basis for making such a determination. In no case shall the sewer service charge for any property connected to the sewer system be less than the minimum charge herein set forth unless extraordinary circumstances exist, which can be demonstrated to the satisfaction of the Borough, which prevent the full flow capacity of the waterline, as represented by the size of the water meter, from being discharged into the sewer under any circumstances.
E. 
The 531 class of service provides for the acceptance, treatment and disposal of sanitary sewage only to properties that flow through the Greene Township Municipal Authority sewer lines into the Borough of Chambersburg sewer system.
[Amended 12-9-2003 by Ord. No. 2003-13; 8-23-2010 by Ord. No. 2010-16; 1-24-2011 by Ord. No. 2011-01; 11-5-2012 by Ord. No. 2012-11; 12-9-2024 by Ord. No. 2024-14]
For the acceptance, treatment and disposal of industrial wastes, or mixtures of sanitary sewage and industrial wastes, the service charges shall be determined as follows:
A. 
Volume charge:
(1) 
For the acceptance, treatment and disposal of sanitary sewage: all units per billing period, per unit in an amount established by resolution of Town Council from time to time.
(2) 
For stormwater inflow and infiltration investigation and remediation: all units per billing period, per unit in an amount established by resolution of Town Council from time to time.
B. 
Waste strength adjustment:
(1) 
To recognize the character of industrial wastes, the volume charge established in Subsection A of this section shall be multiplied by an adjustment factor determined as follows:
(2) 
In the event that any term of the above formula results in a negative number, such term shall be disregarded. The values of BOD (biochemical oxygen demand) and suspended solids shall be expressed in milligrams per liter (parts per million); both values to be determined by the Borough in accordance with the methods prescribed or recommended in the latest edition of Standard Methods.
C. 
Minimum charge: The minimum charge per month for any single commercial or industrial establishment shall not be less than that established in § 242-18B hereof.
D. 
Determination of volume. For the purpose of determining the volume of industrial wastes or of a mixture of sanitary sewage and industrial wastes discharged by any user, the volume of water furnished to the user's property from the Borough's water system as measured by a water meter at the property shall be deemed to be the measure of the volume of wastewater discharged, unless a flow meter shall have been installed in the building sewer. The volume of wastewater so determined shall be subject to equitable adjustment as provided in § 242-18C hereof. If a wastewater flow is in use, the volume of flow indicated thereby shall be deemed to be the measure of the volume of wastewater discharged.
E. 
Sampling wastes. For the determination of wastewater strength, samples of the wastewater discharged into the sewer system by the user shall be obtained by the Borough at the property of such user in such manner as to obtain a representative specimen of the wastewater so discharged, which samples may be composite samples or otherwise in proportion to the variations in the rate of flow of the wastewater. Samples may be obtained as frequently and for such periods as the Borough may deem appropriate.
F. 
Determination of strength. Wastewater samples shall be analyzed by the Borough at its laboratory, or at any other Borough-approved laboratory in accordance with the above-mentioned procedures in Standard Methods, and the strength of the wastewater so determined shall be used in establishing the wastewater strength adjustment applied to each user's volume charge. Any user may, upon prior request, witness the analysis conducted by the Borough or by the approved laboratory. In the event of a difference of opinion between the Borough and the user relative to the results of an analysis of a particular wastewater sample, the determination by the Borough shall be final.
[Amended 12-9-2003 by Ord. No. 2003-13; 8-23-2010 by Ord. No. 2010-16; 1-24-2011 by Ord. No. 2011-01; 11-5-2012 by Ord. No. 2012-11; 12-9-2024 by Ord. No. 2024-14]
For the acceptance, treatment and disposal of sanitary sewage only, the sewer service charges to dwellings outside the Borough limits shall be equal to the Borough sewer service charges for dwellings plus 25%. All connections to the sewer system from dwellings outside the Borough limits shall in all other respects be subject to the provisions of an ordinance entitled "an ordinance permitting connections to be made to the sanitary sewerage system of the Borough of Chambersburg from dwellings outside the Borough limits under certain specific conditions and fixing charges for the user thereof," adopted by the Town Council of Chambersburg on June 7, 1948, as amended.[1]
A. 
Volume charge.
(1) 
All units per billing period, per unit in an amount established by resolution of Town Council from time to time.
(2) 
The above charges shall apply to each dwelling unit and each commercial or industrial establishment.
B. 
Minimum charge. The minimum charge per month shall be in an amount established by resolution of Town Council from time to time based upon the nominal size of the water meter serving the property. Where more than one separate dwelling unit or commercial or industrial establishment is served by a single meter, a separate minimum charge at the rate established for a five-eighths-inch meter shall be charged for each such dwelling unit or establishment, but the minimum charge for the property shall not be less than that determined by the size of the water meter serving the property.
[1]
Editor's Note: See Art. I of this chapter.
[Amended 2-26-2018 by Ord. No. 2018-04]
Terms and conditions of service, including, but not limited to: establishing service, billing for service, interest and penalties, payment requirements, and termination of service shall be in accordance with the Utility Service Manual, as may be revised from time to time by the Mayor and Town Council, and shall be available for public inspection at the Utility Offices at Borough Hall, the Utilities Service Center at 80 South Franklin Street, and online at www.chambersburgpa.gov.
[Amended 2-26-2018 by Ord. No. 2018-04]
A. 
Where, as a result of equipment malfunction, estimated billing, billing error, or other circumstances, sewer service is rendered, but not billed, the unbilled sewer service may be retroactively charged to the customer, provided that the services at issue were rendered within the last three years. The charges for service shall be determined in accordance with the Utility Service Manual adopted by Town Council from time to time.
B. 
Town Council shall have the right to establish, from time to time, by resolution, rules, regulations, provisions, terms or standards under which sewer service shall be rendered, which shall be supplemental to the standards set forth in the Utility Service Manual.
A. 
The use of garbage or food waste grinders discharging into the sanitary sewer system of the Borough may be permitted in the kitchens of dwelling units and food preparation areas of commercial or industrial establishments upon the registration of each such device with the Borough. All such grinders shall be installed in full compliance with the terms of the Borough Plumbing Code and the Borough ordinance regulating electrical work.[1] Any plumber or electrician installing any such grinder shall first secure the permit required by the said code or ordinance in each case.
[1]
Editor's Note: See Ch. 216, Plumbing, and Ch. 135, Electrical Standards, respectively.
B. 
Charges for commercial or industrial establishments with food waste grinders. Commercial or industrial establishments with food waste grinders installed in the food preparation areas will be charged two times their regular monthly sewer bill for the use of the food waste grinder, except for the industrial establishments that are paying a waste strength adjustment on their monthly sewer bill.
No person shall, at any time, discharge any sanitary sewage or industrial waste into any storm sewer of the Borough of Chambersburg; nor shall any person construct or utilize existing private stormwater sewers for such purposes.
No person shall discharge any rainwater, roof water, surface water, stormwater or groundwater from springs or underground seepage into the sanitary sewer system of the Borough of Chambersburg. This prohibition shall apply to the discharge of cellar drainers or other pumps used to remove surface water or seepage water from cellars or other low-lying areas. This section shall not be construed to prohibit the use of a sump pump or sewage ejector for discharging laundry water, sanitary sewage or other similar wastes from low-lying areas, but the sumps or other containers from which such pumps or ejectors are supplied must be construed so that no rainwater or groundwater is admitted thereto.
The Borough will review the sewer service charges as to their adequacy to fund operation, maintenance and replacement costs and make any adjustments that may be necessary not less frequently than every two years.
[1]
Editor's Note: Former § 242-29, Effective date, as amended 8-23-2010 by Ord. No. 2010-16, 1-24-2011 by Ord. No. 2011-01, and 11-5-2012 by Ord. No. 2012-11, was repealed 12-9-2024 by Ord. No. 2024-14.