[Adopted 12-11-1979 by Ord. No. 79-7]
Unless the context specifically and clearly
indicates otherwise, the meaning of terms and phrases used in this
article shall be as follows:
Includes, as applicable, a commercial establishment, a dwelling
unit, an industrial establishment or an institutional establishment.
The quantity of oxygen, expressed in ppm, utilized in the
biochemical oxidation of organic matter under standard laboratory
procedure for five days at 20° Centigrade. The standard laboratory
procedure shall be that found in the latest edition of "Standard Methods
for the Examination of Water and Sewage" as published by the American
Public Health Association.
Any room, group of rooms, building or enclosure connected,
directly or indirectly, to the sewer system and used or intended for
use in the operation of a business enterprise for the sale and distribution
of any product, commodity, article or service.
The Commonwealth of Pennsylvania.
Any room, group of rooms, house trailer, building or other
enclosure connected, directly or indirectly, to the sewer system and
occupied or intended for occupancy as separate living quarters by
a family or any other group of persons living together or by a person
or persons living alone, excluding institutional establishments.
Any property 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 room, group of rooms, building or other enclosure connected,
directly or indirectly, to the sewer system and used or intended for
use, in whole or in part, in the operation of a business enterprise
for manufacturing, processing, cleaning, laundering or assembling
any product, commodity or article or from which industrial wastes,
as distinct from sanitary sewage, shall be or may be discharged.
Any wastes and all liquids discharged from any industrial
establishment, other than sanitary sewage.
Any room, group of rooms, building or other enclosure connection,
directly or indirectly, to the sewer system, including institutional
dormitories, which do not or does not constitute a commercial establishment,
a dwelling unit or an industrial establishment.
Any improved property in which shall be located more than
one billing unit.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property which shall be connected, directly
or indirectly, to the sewer system.
Any individual, partnership, company, association, society,
municipality, 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.
All normal water-carried household, lavatory, laundry and
toilet wastes discharged from any improved property.
The facilities for treatment and disposal of sanitary sewage
and industrial wastes which are operated and maintained in and for
the Township.
Any pipe or conduit constituting a part of the sewer system
and used or usable for sewage collection and transportation purposes.
All facilities, as of any particular time, for collecting,
pumping, transporting and disposing of sanitary sewage and/or industrial
wastes, to be acquired and to be constructed and to be owned by the
Township for maintenance, operation and use.
Solids that either float on the surface of or are in suspension
or are dissolved in water, sewage or other liquids, and which are
determined by laboratory analysis.
The Township of Lower Frederick, Montgomery County, Pennsylvania,
a second class township, municipal subdivision of the commonwealth,
acting by and through its Board of Supervisors, or, in appropriate
cases, acting by and through its authorized representatives.
[Amended 12-1-1981 by Ord. No. 81-7]
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, and for services rendered
in connection therewith, 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 in the amounts,
at the times and in the manner as provided in this article.
A.
In addition to sewer rentals or charges imposed upon
owners of any improved property which shall be connected to the sewer
system there shall be imposed a sewer rental or charge equal to the
sewer rental or charge imposed by this article upon owners of any
improved property which shall be connected to the sewer system, upon
an owner of any real property abutting or able to be connected with
the sewer or sewer system of Lower Frederick Township.
B.
The giving of notice by the Township to owner of such real property to connect such real property to the sewer or sewer system as required by Article I of this chapter shall be sufficient and conclusive that such owner of real property shall be and has become obligated for sewer rentals or charges imposed hereunder.
C.
The owner of such real property shall be and is hereby obligated to pay such sewer rental or charge beginning the regular quarterly billing period immediately following the 60th day after notice sent pursuant to Article I of this chapter; provided, however, that owners of such real property to whom such notice was given more than 60 days before September 30, 1981, shall be obligated to pay the sewer rental or charge for the quarter band billing period beginning October 1, 1981.
[Last amended 3-7-2000 by Ord. No. 00-01]
Sewer rentals or charges shall be in accordance
with the following:
A.
Residential.
[Amended 12-29-2009 by Ord. No. 09-06]
(1)
The Board of Supervisors of Lower Frederick Township
shall have the authority to pass resolutions in order to impose and/or
amend rents, fees and charges for those private dwelling units connected
to or required to connect to the sanitary sewage system. Copies of
such resolutions shall be available at the Township Building.
[Amended 12-18-2012 by Ord. No. 12-10; 12-3-2013 by Ord. No. 13-01; 12-16-2014 by Ord. No. 14-03; 12-1-2015 by Ord. No.
15-05]
(2)
Each dwelling unit in a multiple unit shall be treated
as a billing unit for billing purposes. If two or more families use
separate cooking and/or toilet facilities in an improved property,
the sewer rental or charge shall be computed as though each such family
was a separate user with a separate connection to a sewer.
(3)
The Board of Supervisors of Lower Frederick Township shall have the authority to pass resolutions in order to establish penalties, interest and filing fees for violations associated with nonpayment of the sewer charge as reflected in Subsection A, Residential, § 123-9, Computation of sewer rentals or charges, Chapter 123, Sewers.
B.
Nonresidential (commercial establishment, industrial establishments
and institutional establishments). The Board of Supervisors of Lower
Frederick Township shall have the authority to pass resolutions in
order to impose and/ or amend rents, fees and charges, and classifications,
schedules and/or categories for calculating or determining same, for
any improved property constituting a commercial establishment, an
industrial establishment or an institutional establishment which is
connected to or required to connect to the sanitary sewage system.
Copies of such resolutions shall be available at the Township Building.
[Amended 12-5-2017 by Ord. No. 17-03]
C.
Additional classifications or schedules and sewer
rentals or charges or modifications of sewer rentals or charges may
be established or may be made by this Township, from time to time,
as shall be deemed necessary or desirable by this Township.
D.
This Township may require the owner of a commercial establishment, an industrial establishment or an institutional establishment, or such owner may elect, to install, to pay for and to maintain a meter approved by this Township for measuring quarter annum volumes of sanitary sewage and/or industrial wastes discharged into the sewer system, in which case the sewer rentals or charges shall be computed in accordance with provisions of Subsection B(1) of this § 123-9; subject, however, to the provisions, if applicable, of Subsection E of this § 123-9.
E.
Commercial, industrial and institutional discharge.
(1)
The owner of any commercial establishment, industrial
establishment or institutional establishment which will discharge
sanitary sewage and industrial wastes to the sewer system having a
BOD demand greater than 300 ppm, a total solids content greater than
800 ppm, and a chlorine demand in excess of 15 ppm, shall pay a strength
of waste surcharge, in addition to sewer rates or charges otherwise
provided in this article, for each quarter annum billing period. The
strength of sanitary sewage and industrial wastes to be used for establishing
the amount of surcharge shall be determined at least once annually
either: (1) by suitable sampling and analysis of such wastes for a
consecutive three-day period during a time of normal business operation;
or (2) from estimates made by this Township; or (3) from known relationship
of products produced to strengths of such wastes for those industries
where such factors have been established, in establishing such waste
strengths for surcharge purposes by analysis, analyses shall be made
in accordance with procedures outlined in the latest edition of "Standard
Methods for the Examination of Water and Wastewater" published by
the American Public Health Association.
(2)
The owner of any commercial establishment, industrial
establishment or institutional establishment discharging sanitary
sewage and industrial wastes to the sewer system shall furnish to
this Township, upon written request, all information deemed essential
by this Township for the determination of applicable sewer rental
surcharges for excess strength wastes. The costs of obtaining such
information shall be borne by such owner of such commercial establishment,
industrial establishment or institutional establishment.
F.
In the event that the owner of any improved property shall discharge sanitary sewage and/or industrial wastes to the sewer system that originate in more than one dwelling unit, commercial establishment, industrial establishment and/or commercial establishment located upon such improved property, the appropriated sewer rentals or charges shall be computed, for each billing unit, as set forth in this § 123-9. Separate sewer rentals or charges so computed for each billing unit shall be consolidated into a single total amount for the purpose of determining the aggregate quarter annum sewer rentals or charges to such owner of such improved property.
G.
If the owner of any improved property shall fail to
provide this Township with any and all information required to computed
the sewer rentals or charges applicable to such improved property,
this Township reasonably may estimate appropriate sewer rentals or
charges for such improved property and such estimated sewer rentals
or charges shall be the actual sewer rentals or charges payable until
required information if filed with this Township; provided, however,
that no rebates will be paid by this Township if the information subsequently
filed would support lower indicated sewer rentals or charges than
those estimated by this Township.
H.
Nothing contained in this article shall be construed
as prohibiting special agreements between this Township and the owner
of any improved property constituting a commercial establishment,
an industrial establishment or an institutional establishment when
conditions and circumstances making such special agreements advisable
and/or necessary, in the opinion of the Township are present.
A.
Quarterly payment schedule.
(1)
Sewer rentals or charges, except those based upon
metered volume of sanitary sewage and/or industrial wastes discharged
to the sewer system or upon estimates made by this Township, shall
be rendered on a quarter annum basis, on or about 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
quarter annum billing period consisting of all or part, as applicable,
of the immediately preceding three complete calendar months.
(2)
Sewer rentals or charges based upon metered volume
of sanitary sewage an/or industrial wastes discharged to the sewer
system or upon estimates made by this Township shall be rendered on
a quarter annum basis, on or about the first days of January, April.
July and October, respectively, of each year, or on such other dates
as this Township shall specify, and shall cover all or part, as applicable,
of the immediately preceding quarter annum sewage meter reading period
or the estimate of volume made by this Township applicable to the
particular improved property.
(3)
The owner of any improved property which shall be
connected to the sewer system for only a part of a quarter annum billing
period shall pay pro rata sewer rentals or charges for the portion
of the quarter annum billing period during which such connection was
in effect.
B.
Sewer rentals or charges shall be due on the due date reflected on
the bill, and payments for sewer rentals or charges will be considered
late (and subject to such penalties, interest, filing fees and other
charges as the Township may establish and amend by resolution) if
they are not received in the Township office by the close of business
on the due date.
[Amended 12-1-2015 by Ord. No. 15-05]
C.
The 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 the correct address
of such owner. Failure of any person to receive quarter annum 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.
D.
Additional charges.
[Added 12-1-1981 by Ord. No. 81-7]
(1)
In addition to sewer rentals or charges imposed upon
owners of any improved property which shall be connected to the sewer
system there shall be imposed a sewer rental or charge equal to the
sewer rental or charge imposed by this article upon owners of any
improved property which shall be connected to the sewer system, upon
an owner of any real property abutting or able to be connected with
the sewer or sewer system of Lower Frederick Township.
(2)
The giving of notice by the Township to owner of such real property to connect such real property to the sewer or sewer system as required by Article I of this chapter shall be sufficient and conclusive that such owner of real property shall be and has become obligated for sewer rentals or charges imposed hereunder.
(3)
The owner of such real property shall be and is hereby obligated to pay such sewer rental or charge beginning the regular quarterly billing period immediately following the 60th day after notice sent pursuant to Article I of this chapter; provided, however, that owners of such real property to whom such notice was given more than 60 days before September 30, 1981, shall be obligated to pay the sewer rental or charge for the quarter band billing period beginning October 1, 1981.
Sewer rentals or charges imposed by this article
shall be a lien upon the improved property connected to and served
by the sewer system and any such sewer rentals or charges which are
delinquent shall be filed as a lien against the improved property
so connected to and served by the sewer system, which lien shall be
filed in the appropriate office of the County of Montgomery, Pennsylvania,
as provided by law, and shall be collected in the manner provided
by law for the filing and collecting of municipal claims.
A.
No person shall discharge or shall cause to be discharged
any stormwater, surface water, spring water, groundwater, roof runoff,
subsurface drainage, building foundation drainage, or drainage from
roof leader connections into any sewer.
B.
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 owner of an improved property, in order to prevent discharges
deemed to be harmful or to have a deleterious effect upon any sewer
or the sewer system or the sewage treatment plant.
C.
No sanitary sewage or industrial wastes shall be discharged
to the sewer system which:
(1)
Shall have a temperature higher than 150° F.;
(2)
Shall contain more than 100 ppm of fat, oil and/or
grease;
(3)
Shall contain any gasoline, benzine, naphtha, fuel
oil or other inflammable or explosive liquids, solids or gases;
(4)
Shall contain any solid wastes resulting from preparation,
cooking and dispensing of food and from handling, storage and sale
of produce, which wastes commonly are known as garbage, which have
not been ground by household type garbage disposal units or other
suitable garbage grinders;
(5)
Shall contain any ashes, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar, cotton, wool or other
fibers, plastics, wood, paunch manure or any other solid or viscous
substances capable of causing obstructions to or other interferences
with proper operation of the sewer system or any sewer or the sewage
treatment plant;
(6)
Shall have a pH lower than 4.5 or higher than 9.0,
or shall have any other corrosive property capable of causing damage
or hazards to structures or equipment of the sewer system or any sewer
of the sewage treatment plant or to any person engaged in operation
and maintenance of the sewer system or any sewer or the sewage treatment
plant;
(7)
Shall contain toxic or poisonous substances in sufficient
quantity to injure or to interfere with any sewage treatment process,
to constitute hazards to humans or animals or to create any hazards
in waters which shall receive treated effluent from the sewer system
and the sewage treatment plant; toxic wastes shall include, but shall
not be limited to, wastes containing cyanide, chromium, cooper and
nickel ions;
(8)
Shall contain noxious or malodorous gases or substances
capable of creating a public nuisance; or
(9)
Shall contain total solids of such character and quantity
that special and unusual attention is required for handling at the
sewage treatment plant.
D.
Pretreatment.
(2)
Plans, specifications and any other pertinent information
relating to proposed facilities for preliminary treatment and handling
of industrial wastes shall be submitted for approval of 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.
(3)
Whenever facilities for preliminary treatment and
handling of industrial wastes shall have been provided by any owner,
such facilities continuously shall be maintained, at the expense of
such owner, in satisfactory operating condition; and this Township
shall have access to such facilities at reasonable times for purposes
of inspection and testing.
E.
Nothing contained in this § 123-12 shall be construed as prohibiting any special agreement or arrangement between this Township and any owner whereby industrial wastes of unusual strength or character may be admitted into the sewer system by this Township, either before or after preliminary treatment.
A.
Any person desiring to make or to 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 and an "industrial wastes questionnaire," to be furnished
by this Township, which shall supply to this Township pertinent data,
including, inter alia, estimated quantities of flow, characteristics
and constituents, with respect to industrial wastes proposed to be
discharged into the sewer system, and shall obtain a written permit
from this Township to do so before making or using such connection.
The cost of obtaining all such data shall be borne by the person desiring
to make or to use such a connection to the sewer system.
B.
Control devices.
(1)
Any person who shall discharge industrial wastes into
the sewer system, when required by this Township, shall construct,
at the expense of such person, and thereafter properly shall maintain,
at the expense of such person, a suitable control manhole and other
devices as shall be approved by this Township to facilitate observation,
measurement and sampling by this Township of sanitary sewage and industrial
wastes discharged to the sewer system.
(2)
Any such control manhole, when required by this Township,
shall be constructed at an accessible, safe, suitable and satisfactory
location, in accordance with plans to be approved by this Township
prior to commencement of construction.
C.
Any industrial establishment that, at any time, shall
be discharging sanitary sewage and/or industrial wastes into the sewer
system and shall contemplate a change in the method of operation which
materially 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 in the method of operation.
D.
This Township reserves the right to require any commercial
establishment, industrial establishment or institutional establishment
which may have large variations in rates of waste flows to install
suitable regulating devices for equalizing waste flows to the sewer
system.
This Township shall have the right of access,
at all reasonable times, to any part of any improved property served
by the sewer system as shall be required for purposes of inspection,
observation, measurement, sampling and testing and for performance
of other functions relating to service rendered by this Township through
the sewer system.
A.
The furnishing and installation of meters or other
measuring devices which shall not be owned by this Township, but which
shall be permitted or required under provisions of this article, shall
be the sole responsibility of the owner. The installation or use of
such meters or other measuring devices at all times shall be subject
to the approval of this Township and may be tested and inspected by
this Township whenever necessary. The owner shall be responsible for
the maintenance, safekeeping and repair of any such meter, whether
such repairs shall be made necessary by ordinary wear and tear or
other causes.
B.
This Township shall be responsible for the reading
of all meters or other measuring devices and the same shall be available
to employees and agents of this Township at all reasonable times.
C.
Representatives of this Township shall have the right
of access at reasonable times to any part of any improved property
served by the sewer system and any meters used for purposes of establishing
or determining volumes for purposes of this article.
The owner of any improved property connected
to the sewer system shall be responsible for all acts of tenants or
other occupants of such improved property insofar as such acts shall
be governed by provisions of this article.
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 article.
It is declared that enactment of this article
is necessary for the protection, benefit and preservation of the health,
safety and welfare of inhabitants of this Township.
