[Adopted 7-19-1967 by Ord. No. 256 (Ch.
18, Part 2 of the 1996 Code)]
Unless the context specifically indicates otherwise,
the meaning of the terms used in this article shall be as follows:
Denver Borough Authority of Lancaster County.
The Borough of Denver.
Any solid, liquid or gaseous substance or waterborne wastes
or form of energy rejected or escaping from any industrial, manufacturing,
trade or business process or from the development, recovery or processing
of natural resources, as distinct from sanitary sewage.
All facilities located between the sewer main and the curb
or if there is no curb, the edge of the roadway abutting the property
effected with sewage service.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the sewered area.
Any individual, partnership, company, association, society,
corporation or other group or entity.
Spent waters, together with human and household wastes ordinarily
removed by water carriage, and industrial waste. Such definition expressly
excludes the effluent from septic tanks or cesspools, rain, storm,
and ground water which could in any way enter the sewer system, as
well as roof or surface drainage, drainage of percolating or seeping
waters or accumulation thereof, whether underground or in cellars
or basements.
That part of the main house drain or sewer line extending
from a point five feet outside the outer building wall or foundation
wall to its connection with the service lateral.
That portion of the Borough in which there shall be constructed
a sewage collection system, as from time to time constructed and extended.
All or any part of the sewer system as defined herein.
Sewer mains, lateral sewers from main to point of house connection,
sewage ejector and/or pumping stations, sewer force mains, sewage
treatment plants, and all appurtenant facilities owned by the Denver
Borough Authority of Lancaster County and operated by the Denver Borough
in furnishing sewage service.
[Amended 2-5-1973 by Ord. No. 321; 8-1-1977 by Ord. No. 347; 1-28-1980 by Ord. No. 363; 6-1-1981 by Ord. No. 375; 1-3-1983 by Ord. No. 383; 1-7-1985 by Ord. No. 395; 8-1-1994 by Ord. No. 468]
A.
Effective as of the first quarter billing of 2020 and thereafter,
there is imposed on the owner of each property serviced by the sewer
system quarterly sewer rentals based upon water consumption as determined
by the quarterly readings of water meters or by quarterly readings
of such discharge or other meters as may be installed pursuant to
this chapter at the minimum quarterly rate of $35.25 per quarter with
a minimum quarterly usage of 3,000 gallons of water per quarter or
minimum quarterly discharge of 3,000 gallons if discharge is separately
metered. All water consumption or discharge if separately metered
in excess of 3,000 gallons per quarter shall be charted at the rate
of $11.75 per 1,000 gallons or fraction thereof.
[Amended 12-8-1997 by Ord. No. 488; 12-29-2003 by Ord. No. 534; 12-18-2006 by Ord. No. 567; 12-10-2007 by Ord. No.
577; 12-8-2008 by Ord. No. 582; 12-14-2009 by Ord. No. 589; 12-13-2010 by Ord. No. 597; 12-17-2012 by Ord. No. 609; 12-8-2014 by Ord. No.
623; 12-12-2016 by Ord. No. 635; 7-31-2017 by Ord. No. 638; 12-10-2018 by Ord. No. 649; 12-9-2019 by Ord. No. 661]
B.
In those cases where properties have a source or sources
of water supply in addition to or other than the Borough's water system,
the owner of such properties shall provide a meter approved by the
Borough on such additional or other source or sources of water supply.
The total volume of water furnished as determined from the meter readings
of the Borough's water meter, and the meter readings of the meter
or meters on such additional or other source or sources of water supply,
as appropriate, shall be used as the measure of discharge of sewage
and/or industrial waste in computing the sewer rentals and charges.
C.
Whenever an owner demonstrates to the satisfaction
of the Borough that a substantial part of the water measured by a
water meter is not discharged into the sewer system, the Borough may
permit installation of a sewer meter or meters approved by the Borough
at the owner's expense in order to determine the quarterly rate of
sewage or waste actually discharged into the sewer system.[1]
[1]
Editor's Note: Former Subsection D, which
immediately followed this subsection, was repealed 12-11-2006 by Ord.
No. 564.
[Amended 12-11-2006 by Ord. No. 564]
A.
To calculate and bill for sewer consumption, all water
meters shall be read quarterly on or about May 1, August 1, November
1, and February 1 of each year, and all sewer rates together with
penalties thereon, if any, shall be paid to the Borough Treasurer
for the use of the Borough at times and in the manner hereinafter
specified.
B.
All quarterly sewer bills, in a form prescribed by
the Borough Council, shall be payable to the Borough on or before
the 15th day of the month next succeeding the month in which the bills
are delivered, which bills shall be considered the net bill. If the
full amount of the net bill shall not be paid on or before that day,
a penalty of 10% of the face amount of the net bill shall be added
thereto, which amount shall be the gross bill. Failure of any owner
to pay his gross bill for sewer services, together with the penalty
thereon, within one month after the same shall become due, shall be
cause for termination of water service.
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The gross bill for sewer charges (which shall
include the aforesaid 10% penalty and certified and other mailing
costs) shall bear interest at the rate of 1 1/2% per month or
fraction thereof beginning one month after the gross bill becomes
due and payable until paid. This is an annual percentage rate of 18%.
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C.
In all instances, the record owner of the property
shall be deemed the customer of the Borough and shall be the person
responsible for timely payment. Every owner shall keep the Borough
advised of his correct address. Failure of any owner to receive his
quarterly bills shall not be considered an excuse for nonpayment nor
shall such failure result in an extension of time during which the
net bill is payable.
D.
Sewer rentals and charges imposed by this article
shall be a lien on property served by the sewer system, and any such
sewer rentals and charges shall be filed as a lien in the office of
the Prothonotary of Lancaster County and may be collected by the Borough
in the manner provided for municipal claims or by a civil action against
the owner.
E.
Any refunds due for overpayment of sewer service shall
be credited to the owner on the next following quarterly sewer billing.
A.
If any person shall fail for 30 days after written
notice from the Borough to remedy any unsatisfactory condition with
respect to a building sewer, the Borough may refuse to permit such
person to use the sewer system until such unsatisfactory condition
shall have been remedied to the satisfaction of the Borough.
B.
The Borough shall require compliance with Article V, Industrial Waste Pretreatment, of this chapter, for all owners of improved properties and all persons occupying such improved properties.
[Amended 6-9-1997 by Ord. No. 486]
C.
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.
A.
It shall be unlawful for the owner of any property
within the Borough to discharge into the sewer system, or permit the
discharge into the sewer system, any roof, surface or ground water,
or to construct or install, or permit to be constructed or installed
any connection for the discharge of such waters into the sewer system.
Whenever any roof, surface or ground water shall be discharged into
the sewer system, the owner of, or user of water in, the property
from which such discharge occurs shall, within 60 days after receipt
of written notice from the Borough cease such discharge, or cause
such discharge to cease, and shall provide for the drainage of such
water into the storm sewers or other available facilities.
B.
The Borough shall have the right of access at all
reasonable times to any part of any property serviced by the sewer
system as shall be required for purposes of inspection, measurement,
sampling and testing, and for the other functions relating to service
rendered by the Borough to its sewer system.
C.
Whenever a property is vacated the owner must give
notice to the Borough Secretary of such fact and until such notice
is given the owner shall be responsible for sewage charges. When a
vacancy is properly reported, an allowance for the period of vacancy
shall be made if it is shown to the satisfaction of the Borough that
the water system is properly secured against use. In addition, each
property owner must give to the Borough Secretary written notice of
any change of ownership of any improved property.
[Added 6-5-1989 by Ord. No. 436; amended 4-8-1996 by Ord. No.
475]
A.
If any person or property owner shall violate any
provision of this article, he shall, for each and every violation,
upon conviction thereof, be sentenced to pay a fine of not less than
$100 nor more than $1,000 for each offense and costs of prosecution;
in default of payment, the violator shall be subject to imprisonment
for a term not to exceed 30 days. Upon summary conviction or in a
civil action, the defendant may be assessed reasonable attorneys’
fees incurred by the Borough in the enforcement proceedings in accordance
with Section 3321(6) of the Borough Code.[1]
[Amended 7-29-2013 by Ord. No. 612]
[1]
Editor’s Note: See 53 P.S. § 48321(6).
B.
The imposition of the penalties herein provided shall
not preclude the Borough from instituting appropriate legal or equitable
action to prevent, restrain, correct or abate such violations and
connections and from recovering all costs, including legal fees and
engineering expenses, related to the enforcement of this article and/or
attributable to any unlawful discharges into the sewage system.
