[Adopted 3-1-1965 by Ord. No. 69]
Unless the context specifically indicates otherwise,
the meanings of terms used in this article shall be as follows:
The Municipal Sewer Authority of the Township of Lower Makefield,
as well as the duly qualified and acting members of the Board thereof.
Each structure or any portion thereof intended to be used
wholly or in part for the purposes of carrying on a trade, business
or profession or for social, amusement, religious, educational, charitable
or public uses and which contains plumbing for kitchen, toilet or
washing facilities. Hotels, motels, rooming houses, schools, hospitals,
churches, institutions, public buildings, etc., shall be included
in this definition.
A structure or dwelling intended to be occupied as a whole
by one family or an apartment intended to be occupied by one family
or any other one-family living unit.
Each structure intended to be used wholly or in part for
the manufacturing, fabricating, processing, cleaning, laundering or
assembly of any product, commodity or article or any other premises
from which industrial waste as distinct from sanitary sewage is discharged.
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.
Any individual, firm, company, association, society, corporation
or group.
The normal water-carried household and toilet wastes from
residences, business buildings, institutions, commercial and industrial
establishments.
All temporary and permanent facilities at any time and from
time to time owned or leased or operated by the Township and used
or usable for or in connection with the collection, treatment or disposal
of sanitary sewage and acceptable industrial wastes.
The Township of Lower Makefield, Bucks County, Pennsylvania,
and the group of elected officials acting as the Board of Supervisors
of the Township.
The public agency or private company furnishing water service
to the particular property connected to the sewer system.
[Amended 2-9-1976 by Ord. No. 103; 7-24-1978 by Ord. No.
127]
All owners of property shall connect their premises
to the sewer system as and when the same may be available, upon notice
to do so from the Township and in a manner approved by the Township.
[Amended 4-1-1972 by Ord. No. 83; 2-9-1976 by Ord. No.
103; 3-27-1978 by Ord. No. 123; 10-23-1978 by Ord. No. 129; 5-12-1987 by Ord. No. 211; 1-20-1992 by Ord. No. 268; 10-21-1996 by Ord. No.
305]
A.
All owners of property in the Township connected to
and from which sanitary sewage and/or acceptable industrial waste
are discharged to the sewer system shall pay the Township sewer rentals
as set forth in the Fee Schedule, adopted from time to time by resolution
of the Board of Supervisors.[1]
(1)
Each dwelling unit in a twin-home, apartment, townhouse,
duplex, condominium or any other residential living arrangement shall
be classified and billed as a separate dwelling unit except if the
building shall have one water meter, but no more than two dwelling
units. If the building has one meter and no more than two dwelling
units, then the charge for that building shall be as set forth in
the Fee Schedule, adopted from time to time by resolution of the Board
of Supervisors.[2] Any room, group of rooms, house trailers, enclosures occupied
or intended for occupancy as separate living quarters by a family
or other group of persons living together or by a person living alone
shall be classified and billed as a separate dwelling unit.
(2)
The foregoing rate shall be determined by the water
consumption as indicated on the water meter of each dwelling unit.
In the event that a dwelling unit has no water meter, the occupants
shall be charged at the rate set forth in the Fee Schedule, adopted
from time to time by resolution of the Board of Supervisors,[3] except for apartment complexes, which shall be charged
in a different fashion. The occupant or owner of any dwelling unit
without a water meter shall have the option to install a water meter
on the well which supplies water to the dwelling unit. Said installation
shall be for each dwelling unit and not for a building containing
several dwelling units. The installation of any water meter shall
be at the cost of the owner/occupant and shall be installed under
the supervision of the Township of Lower Makefield.
(4)
In addition to the aforementioned costs, each dwelling
unit shall be assessed a charge for minimum service in addition to
the costs for consumption. Said charge shall be as set forth in the
Fee Schedule, adopted from time to time by resolution of the Board
of Supervisors.
B.
Commercial and industrial establishments.
(1)
All owners of commercial and industrial establishments in the Township connected to the sewer system shall pay sewer rentals based upon actual water consumption, except as set forth in Subsections B(2) and (3) and Subsection C. Sewer rentals based upon water consumption shall be billed at the rate set forth in the Fee Schedule, adopted from time to time by resolution of the Board of Supervisors.[5]
[5]
Editor's Note: See Ch A205, Fees.
(2)
Sewer rental billings, calculated under Subsection B(1) above, to industrial and commercial establishments discharging sanitary sewage and/or industrial waste into the sewer system, except as hereinafter set forth, shall be as set forth in the Fee Schedule, adopted from time to time by resolution of the Board of Supervisors, and shall be based upon the average number of persons employed per working day during the service period for which the billing is rendered. Minimum sewer rentals per employee shall be applicable to all industrial establishments and to all commercial establishments, except schools, churches, hospitals, charitable institutions, public buildings and firehouses. The total billing to industrial establishments and to all commercial establishments, except as aforesaid, for any billing period shall be not less than 50% of the maximum billing of any one of the three consecutive preceding billing periods.
(3)
All public, parochial and private schools shall have
sewer rentals based upon water consumption which said sewer rentals
shall be billed at the rate set forth in the Fee Schedule, adopted
from time to time by resolution of the Board of Supervisors. Water
consumption shall be as recorded on water meters from the public water
system or at potable well heads. For school buildings without the
aforementioned water meters, the sewer rental billing shall be as
set forth in the Fee Schedule, adopted from time to time by resolution
of the Board of Supervisors and shall be based upon the average number
of pupils enrolled on days when the school was in session during the
full school term immediately preceding the date of each bill rendered.
Teachers and employees of the school shall be classified as pupils
for sewer rental purposes and be designated "Average Daily Membership
(ADM)."
C.
Surcharge for excess strength sewage and industrial
waste.
(1)
Industrial establishments discharging domestic sewage and industrial wastes to the sewer system having an average five-day biochemical oxygen demand (BOD) greater than 200 parts per million (ppm) and a suspended solids content greater than 250 ppm shall pay a strength of waste surcharge, in addition to applicable volume charges, equal to 5/100 of 1% of the applicable volume charge for each part per million by which the BOD exceeds 200 ppm plus 5/100 of 1% of the applicable volume charge for each part per million by which the suspended solids exceeds 250 ppm. Surcharges shall be applicable to billings for sewer rentals under Subsections B(1), (2) and (3) above. The strength of sewage and industrial wastes to be used for establishing the amount of surcharge shall be determined at least once annually either:
(a)
By suitable sampling and analyses of the wastes
for a three-day period during which time the strength of waste discharged
or production is at a maximum.
(b)
By relating production and waste strength at
the time of sampling to waste strength at maximum production if sampling
is not performed at the time of maximum production.
(c)
From estimates made by the Township.
(d)
From known relationships of products produced
to strengths of wastes for those industries where such factors have
been established.
(2)
In establishing waste strengths for surcharge purposes
by analyses, analyses shall be made in accordance with procedures
outlined in the latest edition of Standard Methods for Analysis of
Water and Sewage, published by the American Public Health Association.
A.
The volume of water to be used for billing for commercial
and industrial establishments shall include any and all water purchased
from the water supplier and all water obtained from other sources
(wells, springs, streams, etc.) as determined by:
B.
Exclusion from the sewer system of noncontaminated wastewaters and waters used solely for cooling purposes may be required by the Township, or such exclusion may be optional with the property owner if not required by the Township. When such wastewaters are excluded, sewer rentals shall be based upon total water consumption, less water excluded, at the rates set forth under § 166-17B(1) above. Water excluded shall be determined from meters installed and maintained by the property owner as required and approved by the Township or the property owner may elect to measure waste volumes actually discharged to the sewer system as provided for below.
C.
The Township may require an industrial establishment or the industrial establishment may elect to install, pay for and maintain a meter approved by the Township for measuring wastewaters discharged to the sewer system in which case sewer rentals shall be based upon the actual volume of wastes so metered as being discharged to the sewer system. Said sewer rentals shall be computed at the rates set forth under § 166-17B(1).
D.
The volume of water to be used for billing for residential
use shall include any and all water purchased from the water supplier
and all water obtained from other sources (wells, springs, streams,
etc.) except that there shall be excluded from the measurement of
the volume of water those waters which do not flow into the sewer
system. The exclusion of such waters shall be conditioned upon the
installation of such meter or meters to measure the flow of water
not actually discharged into the sewer system. Said meter or meters
shall be installed at the option and at the sole cost of the residential
user. The installation of the meter and the meter shall be approved
by the Township prior to the actual installation. The installation
request shall be accompanied by an application for a plumbing permit
which shall include a sketch setting forth the plumbing plan and the
placement of the meter. The Township shall periodically read the meter
installed by the property owner for the purpose of making adjustments
to the sewer charge based on that flow of water not entering into
the sewer system as set forth in this provision. The property owner
shall pay the Township of Lower Makefield an amount as set forth in
the Fee Schedule, adopted from time to time by resolution of the Board
of Supervisors,[1] to defray the cost of the meter reading.
[Added 4-13-1981 by Ord. No. 151]
When directed by the Township, industrial establishments
shall install, pay for and maintain a manhole and other devices as
may be approved by the Township to facilitate observation, measurement
and sampling of wastes discharged to the sewer system. The Township
or its duly authorized representatives shall, at all reasonable times,
be permitted to enter upon any and all properties for the purpose
of inspecting, observing, measuring and sampling wastes discharged
to the sewer system. Any industrial establishment that desires to
connect to the sewer system or which is connected to the sewer system
and plans to change its operation so as to materially alter the characteristics
and volumes of wastes discharged thereto shall notify the Township,
in writing, at least 10 days before making such connection or changing
its operations.
A.
The 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 waste by
any industrial establishment in order to prevent discharges deemed
harmful or to have a deleterious effect upon any portion of the sewer
system or upon the sewers and any treatment facilities or upon the
processes of any sewage treatment. The discharge of roofwater, stormwater,
surface drainage and building foundation drainage to the sewer system
is expressly prohibited. No sanitary sewage and/or industrial waste
shall be discharged to the sewer system which:
(1)
Has a temperature higher than 140° F.
(2)
Contains more than 100 parts per million by weight
of fats, oils and grease.
(3)
Contains any gasoline, benzine, naphtha, fuel oil
or other inflammable or explosive liquids, solids or gases.
(4)
Contains any garbage which has not been ground by
household-type or other suitable garbage grinders.
(5)
Contains any ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, paunch manure or
any other solid or viscous substances capable of causing obstructions
or other interferences with proper operation of the sewer system or
sewers and treatment facilities or upon the processes of sewage treatment.
(6)
Has a pH lower than 6.5 or higher than 9.0 or having
any other corrosive property capable of causing damage or hazards
to structures, equipment or personnel of the sewer system.
(7)
Contains toxic or poisonous substances in sufficient
quantity to injure or interfere with any sewage treatment process,
to constitute hazards to humans or animals or to create any hazard
in waters which receive treated effluent from any sewage treatment
plant. Toxic wastes shall include, but not by way of limitation, wastes
containing cyanide, chromium, copper and nickel ions.
(8)
Contains noxious or malodorous gases or substances
capable of creating a public nuisance.
(9)
Contains solids of such character and quantity that
special and unusual attention is required for their handling.
B.
Suitable pretreatment facilities shall be installed
to meet the above requirements.
The Township reserves the right to require industrial
establishments having large variations in rates of waste discharge
to install suitable regulating devices for equalizing waste flows
to the sewer system.
The Township's representatives shall have access
at all reasonable times to water and any other meters used for establishing
or determining water consumption, water excluded from the sewer system
and/or wastewaters discharged to the sewer system.
The Township reserves the right to impose surcharges
for excess strength sewage and industrial waste as circumstances deem
advisable.
A.
The tapping or connection fees shall be payable upon
application for permit to make connection to the sewer system.
B.
Sewer rentals or charges shall be due and 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, for the quarterly calendar period immediately preceding the date of the bill. The bills for sewer rentals under § 166-17 for the first quarter during which a property is connected will be prorated on the basis of the quarterly rate. All bills shall be due and payable on their respective dates.
A.
Quarterly charges for sewer service shall be subject
to a ten-percent penalty if not paid within 30 days after they are
due. If quarterly charges for sewer service are not paid within 60
days after becoming due the bill therefore, in addition to the aforesaid
ten-percent penalty, shall be subject to a one-percent penalty per
month or fraction thereof until the date of payment. If not paid within
150 days after becoming due, the Township shall have the right to
cut off sewer service from the delinquent premises and not to restore
the same until all delinquent bills against the same and the cost
of cutting off and restoring service shall have been paid.
[Amended 2-9-1976 by Ord. No. 103; 1-20-1992 by Ord. No.
268]
B.
All persons connected to the sewer system must give
the Township 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 amount.
C.
Payments made, as evidenced by the United States Post
Office mark, on or previous to the end of the period during which
the bills are payable at face amount, will be deemed to be a payment
within such period.
E.
If quarterly charges for sewer service are not paid
within 60 days after becoming due, the Township shall have the right
to request the water company to shut off water service to delinquent
premises and not restore same until all overdue rentals, rates and
charges, together with any interest and penalties assessed thereon
are paid in full together with the cost of shutting off and restoring
the water service to such premises. The cost of shutting off and restoring
water service to such premises shall include, in addition to the customary
charge that is set forth, the loss of revenue sustained by the water
company resulting from the shutoff of water pursuant to this section.
Prior to requesting the water company to terminate water service to
a delinquent sewer account, the responsible officer of the Township
shall:
[Added 4-13-1981 by Ord. No. 151]
(1)
Provide at least 10 days' written notice to the delinquent
account of its intention to request the water company to shut off
the supply of water to the delinquent account to the person liable
for the payment of such rental and charges and the like.
(2)
Post a written notice at the main entrance to the
delinquent premises setting forth the Township's intention to request
the water company to shut off the supply of water to such premises
until such time as all rental and other charges shall have been paid
in full.
F.
Upon the payment of all charges as set forth in this
provision, the responsible Township officer shall see to it that service
is returned to the delinquent premises without undue delay.
The funds received by the Township from the
collection of the tapping or connection fees and from sewer rentals
and all penalties thereon, as herein provided for, shall be segregated
and kept separate and apart from all other funds of the Township and
shall be used only for the purpose of defraying the expenses of the
Township in the operation, maintenance, repair, alteration, inspection,
depreciation or other expenses in relation to the sewer system and
for such payments as the Township may be required to make under any
lease or agreement it may enter into in connection with the financing
of the sewer system or the treatment or transportation of sewage.
The Township 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.
A.
This article and any rules and regulations hereunder
shall become effective at once and shall be applicable to all properties
as soon as they respectively become connected with and have the right
to use the sewer system. The Township reserves the right to make such
changes therein from time to time as in its opinion may be desirable
or beneficial and to amend this article or to change the rates or
charges in such manner and at such times as in its opinion may be
advisable.
B.
This article shall become effective upon enactment
and shall apply to all properties presently connected to the sewer
system and all properties to be connected.
[Added 4-1-1974 by Ord. No. 91]
A.
Surface water that has accumulated in or been drained into sump holes in basements, crawl spaces or other areas shall not be discharged into the sanitary sewer system. Such water shall be discharged onto lawns, open fields or into dry wells. Piping for the discharge of surface waters shall be by direct connection from the sump pump to the outside. Only rigid piping of the type approved by Chapter 150, Plumbing, shall be permitted.
B.
Wastewater from laundry (washing) machines or laundry
tubs shall not be discharged into the sanitary sewer system.
C.
Swimming pool and backwash water shall not be discharged
into the sanitary sewer system.
D.
No common drainage or piping systems involving interconnections
between surface water sump pumps and laundry tubs or laundry (washing)
machines shall be permitted. No down spouts, rain gutters, vents or
surface drains shall be constructed in such a manner to permit water
to be drained into the sanitary sewer system.
[Added 6-13-1983 by Ord. No. 169]
A.
The owners of all structures, whether residential,
commercial or the like that are connected to the sanitary sewer system
of Lower Makefield Township, shall on or before July 15, 1983, register
with the Township of Lower Makefield the existence and use of all
sump pumps located on their property. The Township Manager or his
authorized representatives shall prepare the appropriate registration
forms and there shall be no charge for registering the existence of
any sump pumps as provided for in this article.
B.
All sump pumps which may have been installed in violation
of this article, as amended by Ordinance No. 91, shall comply with
the provisions of this article, as amended by Ordinance No. 91, on
or before August 15, 1983. If a violation of this article, as amended
by Ordinance No. 91, has occurred, no penalties shall be assessed
because of that violation if the property owner complies with the
provisions of this article, as amended by Ordinance No. 91, on or
before August 15, 1983. Thereafter, any person who shall violate this
article shall be subject to the penalties as set forth hereinafter.
[Amended 6-13-1983 by Ord. No. 169]
The Township of Lower Makefield or its duly
authorized representatives shall at all reasonable times be permitted
to enter upon any or all properties for the purpose of inspecting
the system and connections, observing, measuring and sampling waste
discharged into the sewer system and for the purpose of determining
whether or not the property owner has in use a sump pump and whether
or not the sump pump is installed in violation of this article.
[Amended 6-13-1983 by Ord. No. 169; 10-21-1996 by Ord. No.
305]
Any person who shall violate a provision of
this article or shall fail to comply with any of the requirements
thereof shall be punishable by a fine of not more than $1,000, plus
costs of prosecution, including reasonable attorney's fees incurred
by the Township. Each day that a violation continues shall be deemed
a separate offense. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable rules of civil procedure.
