[Adopted 1-2-1991 by Ord. No. 91-1 (Part 11, Ch. 2, Art. A, Secs. 11-2007 through 11-2010, of the 1975 Code of Ordinances); amended in its entirety 3-16-2010 by Ord. No. 2010-1]
A. 
Sewer rental fees are hereby imposed upon each sewered premises or property located within the Borough for the use of said sewer, sewerage system, and/or sewage treatment works. Sewer rentals fees shall be assessed annually, and collected quarterly, and shall include, but are not limited to, the following charges:
[Amended 5-20-2014 by Ord. No. 2014-8; 12-16-2014 by Ord. No. 2014-10]
(1) 
Minimum annual sewer rental/usage fee. The minimum annual sewer rental fee for sewered premises or property located within the Borough for the use of said sewer, sewerage system, and/or sewage treatment works shall be $382.40 per EDU, annually, which sum will be payable, collected, and assessed quarterly in the amount of $95.60 per EDU, per annual quarter. The allowable usage per annual quarter per sewered premises or property shall not be in excess of 5,000 gallons of water per EDU in order to qualify for the minimum annual sewer rental/usage fee.
(2) 
Usage charges/fees. Any premises and/or property which shall use in excess of 5,000 gallons of water per EDU per annual quarter shall be assessed an excess usage charge/fee of $9 for each additional 1,000 gallons of water used, in addition to the minimum annual sewer rental/usage fee. Any excess usage charges/fees will be assessed upon, payable, and collected each annual quarter, in addition to the minimum quarterly annual sum of $95.60, for any usage which exceeds 5,000 gallons of water per EDU per quarter as measured by all meters measuring water used at the sewered premises or property.
[Amended 12-15-2020 by Ord. No. 2020-7; 12-21-2021 by Ord. No. 2021-11]
B. 
For purposes of calculating the minimum and excess usage fees above set forth, the number of EDUs attributable to a property and its uses shall be determined by its use category and shall be as follows:
Category
Number of EDUs
Single-family dwellings
1
Two-family dwellings, for each dwelling
1
Apartment house, for each apartment
1
Mobile home
1
Retail store, for each 5,000 square feet of sales area
1
Business or professional office
Ten or less employees
1
Each additional 10 employees over five or fraction thereof
1/2
Business or industry
Ten or less employees
1
Each additional 5 employees over 10 or fraction thereof
1/2
Each improved nonresidential property having a commercial (one horsepower or greater) garbage grinder, for each such grinder
1
Hotel or motel (in addition to restaurant facilities), per rental room
1/2
Restaurant, club or tavern
Without a liquor license, per 25 seats or fraction thereof
1
With liquor license, per 10 seats or fraction thereof
1
Church
1
Service station or automobile repair garage
Three bays or less, without car-wash facilities
1
Three bays or less, with car-wash facilities
3
Each additional bay over three
1
School, per each 50 students on an average school day
1
Laundromat, per five washers or fraction thereof
1
Car-washing establishment, per bay
1
Bowling alley (in addition to restaurant facilities), per six lanes or fraction thereof
1
Barber shop
Two chairs or less
1
Each additional chair
1/2
Beauty shop
One chair
1
Each additional chair
1/2
Nursing home
Three beds or less
1
Each additional three beds or fraction thereof
1
Retail store with meat and/or vegetable preparation facilities, per employee food preparation station
1
C. 
Sewer rental fees and charges will be billed quarterly for all users and/or sewered premises or property and, when water service is metered, shall be based on metered water use as measured by all meters measuring water used at the sewered premises or property. The "first annual quarter" is January through March of any given year. The "second annual quarter" is April through June of any given year. The "third annual quarter" is July through September of any given year. The "fourth annual quarter" is October through December of any given year.
(1) 
For commercial, industrial, institutional, and/or any nonresidential use and/or users, sewer usage and quarterly usage charges/fees, if any, are and will be based on the water meter readings for the same corresponding annual quarter.
(2) 
For residential use and/or users with metered water service, sewer usage and quarterly usage charges/fees, if any, are and will be based on the gallons of water used, according to the water utility (as that term is defined infra), during the winter water usage period. The "winter water usage period" is the period billed by the water utility for, and includes, but is not limited to, October through March of any given year (i.e., the fourth annual quarter of any given year and first annual quarter of any given year which immediately follows). Quarterly usage charges/fees for any given year, beginning with the first annual quarter which is part of said winter water usage period (as defined above), shall be based on 1/2 of the number of gallons of water used by any sewered premises or property during the winter water usage period.
D. 
The legal and/or record owner(s) of any sewered premises or property shall be responsible and liable for any and all sewer rental fees and charges, usage charges/fees, and/or any other related or applicable charges, fees, interest, penalties, costs, and/or attorneys' fees due, assessed, imposed, and/or charged upon or against any sewered premises or property for each and every sewer user and/or sewered premises located thereupon. If there is only one water meter for more than one sewer user and/or sewered premises at a particular property and/or address, the Borough may, but is not required to, at the property owner(s)' request, bill the sewer user(s) directly, instead of the property owner(s). Such billing of a nonowner(s) sewer user(s) shall not extend any time for payment or relieve the property owner(s) of any duty, responsibility, obligation, and/or liability for and to pay any and all sewer rental fees and charges, usage charges/fees, and/or any other related or applicable charges, fees, interest, penalties, costs, and/or attorneys' fees due, assessed, imposed, and/or charged upon or against any sewered premises or property, when and as due. Where there is more than one sewer user(s) at or occupying a sewered premises or property, or when there is more than one sewered premises at or on a property, the legal and/or record owner(s) of said sewered premises or property shall pay both the minimum annual sewer rental/usage fee and any and all usage charge(s)/fee(s) for each and every sewer user(s) and/or sewered premises at or on his, her, their, and/or its property. In the event that water consumption of a sewered premises or property which has or contains more than one sewer user(s) or more than one sewered premises at or on said property, is not metered separately or individually, or if a metered property's use is more than one EDU, the usage charges/fees for any given or applicable annual quarter for any and all sewer user(s) and/or sewered premises on and/or at the property shall be payable on that number of gallons of water which exceed 5,000 gallons of water per annual quarter of any given year multiplied by the number of EDUs (as set forth in the above schedule) being served at the property. For example, if a property has a use or uses totaling 3 EDUs, it is entitled to service without excess usage charges for up to 15,000 gallons of water per annual quarter (3 EDUs times 5,000 gallons) and it is responsible to pay the excess usage charge on that number of gallons of water per that quarter which exceeds 15,000 gallons.
E. 
If the applicable use classification of any property, sewer user(s), and/or sewered premises or property changes during any given annual quarter, any difference, increase, and/or change in the minimum annual sewer rental/usage fee and/or usage charges/fees which may or does result from such change shall be prorated on a monthly basis.
F. 
The sewer rate for each owner whose charge is based upon the number of employees shall be computed on the basis of the average number of employees for the calendar quarter preceding the date for the quarterly bill. The Borough shall be entitled to request from each owner and to receive promptly periodic information as to the number of employees or students at a sewered property. Information as to employees or students shall be furnished semiannually in the form of a certified list of the names of all employees and independent contractors or students based at the property. In the event that the Borough is not provided with accurate information, including supporting documentation, to determine the number of employees or students and staff using any property or such data as may be necessary to determine a user classification or rate, the Borough's estimate or determination thereof shall be conclusive.
G. 
The Borough reserves the right to change EDU values from time to time, to add or delete property classifications, and, in cases of dispute, to determine the property classification of a given property. If a given use is not specifically scheduled, the Borough will apply such use classification as the Borough determines to be most similar to such use.
H. 
All legal and/or record owners of any sewered premises or property shall give the Borough written notice of their correct mailing address and any change(s) thereto or therein. Any failure to receive any billings for sewer rental fees and/or usage charges/fees will not excuse any nonpayment and/or late payment of any sewer rental fees and/or usage charges/fees nor will the same permit or result in any extension of any billing and/or due date of any such sewer rental fee(s) and/or usage charge(s)/fee(s).
Minimum annual sewer rental/usage fee(s) and/or usage charges/fees shall be billed quarterly. Bills for the same shall be dated on or before 15 days following the end of the corresponding annual quarter (i.e., by April 15 for the first annual quarter, by July 15 for the second annual quarter, by October 15 for the third annual quarter, and by January 15 for the fourth annual quarter). Each bill shall include any and all minimum annual sewer rental/usage fee(s) and/or usage charges/fees for the annual quarter immediately preceding the month of the bill's date. The Borough shall mail quarterly sewer bills on or about the date imprinted thereon. Any and all bills shall be due and payable on their respective dates.
A. 
The expense of enforcing the collection of delinquent accounts for sewer rental fees and related charges is a drain on the Borough's resources, and the enforcement and the recordkeeping and other services related to the collection, filing, satisfaction, assignment and revival of real estate tax lien and/or municipal claims or liens when absorbed by the Borough would constitute a further demand on the Borough's resources.
B. 
Pursuant to Act I of 1996, which amended the Municipal Claim and Lien Law (Municipal Lien Law), 53 P.S. § 7101, et seq., Section 7106 (53 P.S. § 7106) permits the Borough to recover reasonable attorneys' fees in connection with the collection of municipal claims (as defined under the Municipal Lien Law) from the persons or property owing such claims.
C. 
Schedule of attorneys' fees; additional costs and fees.
(1) 
The Municipal Lien Law requires that the Borough approve by ordinance a schedule of reasonable attorneys' fees. The Borough hereby adopts and incorporates by reference, as if fully set forth at length herein, the Schedule of Fees ("Schedule of Fees") as contained and set forth in § 101-4 of the Code of the Borough of Malvern, which the Borough determines to be fair and reasonable charges and fees for the services set forth and outlined therein, and which shall be assessed, imposed, and collected in connection with the collection of unpaid and delinquent sewer rents and/or usage fees and/or charges and the municipal claims therefore as defined in the Municipal Lien Law, from persons and property owing such sewer rents and/or usage fees and/or charges and municipal claims. The imposition of any fees under this section shall be in accordance with the requirements of Act 1 of 1996, relating to notice to the owner(s) of the property responsible for the delinquent account, sewer rents and/or usage fees and/or charges.
(2) 
In addition to the fees listed in the Schedule of Fees at § 101-4 of the Code of the Borough of Malvern, there shall be added to any of the above amounts imposed, assessed, or collected, any and all reasonable out-of-pocket expenses and/or costs of counsel in connection with each or any of their or these services, including any and all costs and/or fees of the Chester County Prothonotary and/or Sheriff. The amount of the fees and/or costs determined to be applicable to a particular delinquent account shall be added to said account.
D. 
Any and all minimum annual sewer rental/usage fee(s) and/or usage charges/fees also shall be subject to and assessed a penalty of 10% thereof if not paid within 30 days of the date the same is due. Interest, at the rate of 1/2% per month, or 6% per year, or a fraction thereof, shall be added, assessed, and collected upon any minimum annual sewer rental/usage fee(s) and/or usage charges/fees and/or penalty(ies), and/or any portion(s) thereof which are due and owing and unpaid for more than 60 days from its and/or their due date.
E. 
Any and all minimum annual sewer rental/usage fee(s) and/or usage charges/fees, together with any and all penalties and/or interest thereon, if not paid when due, shall be deemed to be delinquent. Any and all minimum annual sewer rental/usage fee(s) and/or usage charges/fees, together with any and all penalties and/or interest thereon, and/or together with any charges, expenses, and fees incurred in the collection of any delinquent account, including reasonable attorneys' fees under 53 P.S. § 7106(a.1) and incidental costs added thereto for failure to promptly pay, if applicable, shall be a lien against the sewered premises or property, may be recorded in the Office of the Prothonotary for Chester County, Pennsylvania, and/or may be collected in the manner provided by law for the filing and collection of such municipal claims and/or liens.
If the legal and/or record owner(s) of any sewered premises or property and/or if any sewer user(s) shall neglect or fail to pay any rental, rate or charge for sewer, sewerage, or sewerage treatment service imposed by the Borough, for a period of 30 days from the due date thereof, the Borough Manager, at the request and direction of Borough Council, shall take such action as is necessary to have the water supply to such sewered premises or property shut off until all such overdue rentals, rates, and charges, together with any penalties and interest thereon, shall be paid. In no case shall the water supply be shut off to any sewered premises or property until 10 days after written notice of an intention to do so has been mailed to the person(s) liable for payment of the rentals and charges and, in addition thereto, there also has been posted a written notice at the main entrance to the sewered premises or property. If during such ten-day period, the person(s) liable for the payment of the rentals and charges delivers to the water utility supplying water to the sewered premises or property a written statement, under oath or affirmation, stating that he, she, they, and/or it has a just defense to the claim, or part of it, for such rentals or charges, then the water supply shall not be shut off until the claim has been judicially determined. The statement also shall contain a declaration under oath or affirmation that it is and/or was not executed for the purpose of delay. Nothing in this section shall authorize the water utility to shut off or deny water service to any lessee of a sewered premises or property because a previous lessee failed to pay either the water or sewer service rate, rental, or charge. If more than one sewer user(s) and/or sewered premises is located at a property which is under common ownership and there is only one water service and/or supply, the Borough may shut off or deny the water service if, and for, any delinquent sewer rentals and/or other fees and/or charges due and owing on the property. The Borough shall pay to the water utility the reasonable additional clerical and other expenses incurred by the water utility in providing such services. The Borough, in requesting and directing the shutoff of water, shall pay to the water utility the cost of such shutoff and the estimated loss of water revenues resulting from such shutoff. In the event the Borough shall incur any costs and/or expenses, including, but not limited to, any fees, charges, and/or other sums and/or payments to the water utility and/or any of its successors and/or assigns which provide water service within the Borough, because of, in connection with, and/or related to the shutoff of any water service to any sewered premises or property, all such costs and/or expenses shall be borne by and paid by the owner(s) of the sewered premises or property and/or the sewer user(s) to whom the sewer, sewerage, or sewage treatment service is provided and/or supplied. All such costs and/or expenses shall be added to the total amount due prior to the reinstatement of any water and/or sewer service, and any such costs and/or expenses owed to the Borough shall also be added to the amount of any lien(s) against the sewered premises or property to which the delinquent sewer service was provided and/or supplied. The term "water utility" shall mean Aqua Pennsylvania, its successor(s) and/or assign(s), and/or any other duly authorized and regulated public utility company engaged in the supplying of water or water service to properties in the Borough of Malvern.