[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:
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.
The Borough of Malvern, Chester County, Pennsylvania.
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.
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 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.
Any person vested with ownership, legal or equitable, sole
or partial, of improved property.
Any individual, partnership, company, association, corporation,
trust, governmental body, political subdivision, municipality authority
or other group or entity.
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.
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.
