[Adopted 1-16-2001 by Ord. No. 2001-3]
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this article shall be as follows:
BILLING UNIT
Any single dwelling unit, household unit, flat or apartment unit, condominium or cooperative unit, store, shop, office, business, commercial or industrial unit, or family unit contained within any structure, erected, intended for and/or used for continuous or periodic habitation, occupancy or employment by human beings and from which sanitary sewage and industrial wastes, or either, is or may be discharged.
BOROUGH
The Borough of Malvern, Chester County, Pennsylvania.
DWELLING UNIT
Any room, group of rooms, house trailer or other enclosure occupied or intended for occupancy as separate living quarters by a family or other group of persons living together or by persons living alone.
IMPROVED PROPERTY
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.
INDUSTRIAL WASTES
Any solid, liquid or gaseous substance or waterborne wastes or form of energy rejected or escaping in the course of any industrial, manufacturing, trade or business process or in the course of the development, recovery or processing of natural resources, as distinct from sanitary sewage.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of improved property.
PERSON
Any individual, partnership, company, association, corporation, trust, governmental body, political subdivision, municipality authority or other group or entity.
SANITARY SEWAGE
Normal water-carried household and toilet wastes from any improved property.
A. 
No person shall connect any improved property directly or indirectly to any part of the sewer system without first making application for and securing a permit, in writing, from the Borough as described in § 168-3 of the Borough Code. Such application shall be made in such form as may be prescribed by the Borough.
B. 
A tapping fee as set forth in the next subsection of this section is imposed upon and shall be collected by the Borough from any person who or which is granted capacity in the sewer system and from the owner of each improved property who or which shall physically connect, be connected or required to connect to the sewer system, for the right to use the sewer system, whether such use shall be direct or indirect.
C. 
The amount of tapping fee shall be $2,858.45 for each equivalent dwelling unit (EDU). For purposes of this article, an EDU is a unit of use representing the estimated amount of sewage flow usage by a single-family dwelling unit over any given period. An EDU shall be deemed to represent 275 gallons per day. Any EDU shall mean and include each single dwelling unit, household unit, flat or apartment unit, condominium or cooperative unit, store, shop, office, business, commercial or industrial unit, or family unit contained within any structure, erected, intended for and/or used for continuous or periodic habitation, occupancy or employment by human beings and from which sanitary sewage and industrial wastes, or either, is or may be discharged. Notwithstanding the above, stores, shops, offices, business and commercial or industrial units which discharge more than 275 gallons per day of sanitary sewage and/or industrial wastes shall be considered to be multiple EDU's. The number of EDU's shall be the product of the actual or projected daily flow of sanitary sewage and/or industrial wastes from said facility divided by 275 gallons per day. Such actual or projected flow shall be deemed to be that stated in the then current schedule adopted by resolution of Borough Council, the same as may be amended from time to time. In the event that a particular use is not provided for in the schedule, the projected flow shall be determined by the Borough Engineer using objective standards or actual flows of like uses in similar locations. When more than one billing unit connects to the sewer system through one sewer connection, the full tapping fee shall be paid for each such billing unit, as though each billing unit had a direct and separate connection to the sewer system.
D. 
Where any building connected to the sewer system shall be converted, enlarged or remodeled or additional buildings shall be constructed on a property and connected indirectly to the sewer system through an existing lateral, so as to create or establish additional uses as classified above, an additional tapping fee in accordance with this section for each such additional use shall be payable to the Borough by the owner of the property so improved.
E. 
The tapping fees imposed hereunder shall be in addition to:
(1) 
Any connection fee or inspection charge imposed by the Borough; and
(2) 
Any rental or other charges fixed, charged or imposed by the Borough by reason of the use, or availability for use, of the sewer system by such property.
F. 
The tapping fee shall be adjusted annually, as of January 1 of each year and beginning January 1, 2002, by the same percentage as the percentage change in the Engineering News Record Construction Cost Index (Twenty cities average) between the month of January of the previous year and the month of January in the current year. The Engineering News Record Construction Cost Index for December 2000 is 6265.
G. 
The Borough shall prepare proper tapping fee bills designating the property involved, the amount of the tapping fee and naming the registered or reputed owner or owners of such property. Such bills shall be served upon the owner or owners of such properties connected or desiring to connect to the sewer system by any of the following methods: (1) by certified or regular mail to the owner or owners or their agent or attorney at his or their last known address; (2) upon the owner or owners personally or by leaving it with an adult member of the family with whom said owner or owners reside, provided that if the owner or owners of any such property shall have no residence in the Borough or cannot be served therein, then the bill shall be served by posting upon the premises or leaving a copy with the occupant thereof if there be such an occupant, or by mailing such bill by certified or regular mail, to the owner or owners or their agent at his, her or their last known address; or (3) such other method as may be authorized and approved by the Authority.
H. 
All bills shall be payable to the Borough at the Borough building, First and Warren Avenues, Malvern, Pennsylvania. All bills shall be paid in full prior to connection of an occupiable building to the sewage system or within 60 days after official notice by the Borough to so connect, whichever occurs first
A. 
If payment of bills is not made within 60 days, interest will be charged from said 60 days at the rate of 10% per annum or such higher percentage as may be permitted by law at such time, and a penalty of 5% of the unpaid balance will be added plus any costs (including reasonable attorneys' fees) of collection in the event collection becomes necessary.
B. 
Should any owner or owners of an equivalent dwelling unit against whom a tapping fee has been charged under the terms of this article fail to pay such tapping fee on or before the due date, the Borough shall have the right to institute legal action to collect same, together with interest thereon, plus a penalty and costs, as set forth in Subsection A hereof. It shall be the duty of the Borough Solicitor, when any such bills shall be unpaid, upon request by the Borough to promptly institute collection proceedings therefore as provided by law against the property owners or properties in respect to which such tapping fees have been made, to recover the tapping fee, interest and penalty, together with all court and other costs incident to collecting the same, and a reasonable attorneys' fee.
C. 
In addition to, and not in lieu of, any other available remedies for collection as stated herein, tapping fees and other charges imposed by this article shall be a lien on the improved property connected to, or required to be connected to, the sewer system and any tapping fee or other charges which are not paid within 60 days after the quarterly billing date applicable to the improved property shall be filed as a lien against such improved property, which lien shall be filed and collected, together with interest and costs of collection, in the manner provided by law and Borough ordinances for the filing and collecting of municipal liens. The liens imposed under this section are in addition to, and not in lieu of, any other provisions of law or local ordinances that establish liens for sewer rents and/or other changes.
A. 
The Borough may suspend wastewater treatment service when such suspension is necessary, in the opinion of the Borough, in order to stop an actual or threatened discharge which presents an imminent or substantial endangerment to the health or welfare of persons or the environment, causes interference to the sewer system or causes the Borough to violate any condition of its NPDES permit.
B. 
Any person notified of a suspension of wastewater treatment service shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the Borough shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the sewer system or endangerment to any individuals. The Borough shall reinstate the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the Borough within 15 days following the date of occurrence.
A. 
Any user who violates the following conditions is subject to having his permit revoked in accordance with the procedures of this section of the article.
(1) 
Failure of a user to factually report the wastewater constituents and characteristics of his discharge;
(2) 
Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(3) 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
(4) 
Violation of conditions of the permit.
B. 
If a permit is revoked, the Borough may take any steps it deems advisable, including severance of the sewer connection, to promote compliance with this article.
If any person discharges sanitary sewage, industrial wastes or other wastes into the sewer system contrary to the provisions of this article, or any order of the Borough, the Borough Solicitor may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas of Chester County.
Nothing in this article shall be construed to limit or deny the right of the Borough or any other person to such equitable or other remedies as may otherwise be available with or without process of law, including payment of damages to the Borough by any person causing damage or injury to the sewer system. Any person who causes harm or damage to the sewer system as a result of a violation of this article shall be liable to the Borough for the full costs of such harm or damage.
The proper officers of the Borough are hereby authorized and directed to execute and deliver such notices and other documents and to do all things which may be required by or desirable in light of any act of assembly or this article for the purpose of carrying out the intent hereof.
Any dispute or alleged inequity relating to the tapping fee instituted by this article shall be submitted to the Borough, whose decision on the matter shall be final.