[Adopted 10-8-1964 by Ord. No. 450]
This article shall hereafter be known and referred to as the
"Monroeville Municipal Sanitary Sewer Code."
The purpose of this article is to provide certain rules and
regulations for the discharge of sewage from any building within the
Municipality of Monroeville; to provide certain rules and regulations
for the use and operation of the Municipality of Monroeville sanitary
sewer system and the further discharge of sewage into the sanitary
sewer system and treatment plant of the Allegheny County Sanitary
Authority; to establish and define the sanitary sewer system of the
Municipality of Monroeville; and to establish various charges for
the connection to and use of the Municipality of Monroeville sanitary
sewer system and the sanitary sewer system of the Allegheny County
Sanitary Authority.
The following terms, when used in this article, unless the context
clearly indicates otherwise, shall have the meaning ascribed to them
in this section:
A building or property that has a Municipal sanitary sewer
line available for direct connection without traversing the private
property of others except through Municipal sewer easements.
Any structure erected and intended for continuous or periodic
habitation, occupancy or use by human beings or animals or from which
structure sanitary sewage, wastes or wastewater is or may be discharged.
Where buildings are joined together side by side, such as double or
row houses or shopping centers, each with a separate entrance and
each with a separate water meter, each such unit shall be considered
a separate "building" for purposes of this article.
The Municipal Manager of the Municipality of Monroeville
or, in his absence, the person designated by him to assume his responsibilities.
In the event of vacancy in the office of Municipal Manager, it shall
mean the person then acting as Monroeville Municipal Secretary.
The Municipality of Monroeville, a political subdivision
of the Commonwealth of Pennsylvania.
The person, firm or corporation, whether one or more, having
legal or equitable title, wholly or partially, in any premises which
is or is about to be furnished sewer service by the Municipality.
The logarithm to the base 10 of the reciprocal of the hydrogen
ion concentration, expressed in moles per liter. It shall be determined
by one of the acceptable methods described in the latest edition of
Standard Methods for the Examination of Water and Sewage, published
by the American Public Health Association.
A pipe or system of pipes for the carrying of sanitary sewage
or other wastes as permitted in this article. Sewer lines of the Municipality
of Monroeville sanitary sewer system shall be considered either trunk
lines or lateral lines, and, as it may be deemed necessary, determination
thereof shall be made by resolution of the Council of the Municipality
of Monroeville.
TRUNK LINEA sewer line designed and built primarily for the purpose of collecting sewage from lateral sewer lines and conducting such sewage across distances to discharge the same into the sanitary sewer system of the Allegheny County Sanitary Authority. This definition, however, shall not be construed to prohibit the direct sewer connection of buildings into a "trunk line," with the approval of the Municipal Manager.
LATERAL or LATERAL SEWER LINESSanitary sewer lines designed and built primarily to provide direct service connections to buildings and users of the sanitary sewer system and to discharge such sewage into a trunk line.
The sanitary sewer system of the Municipality of Monroeville.
A structure built primarily for the use and occupancy of
one family. Two or more such structures adjoining side by side, as
in double houses or row houses, where each structure has separate
exterior entrances and separate water meters, shall each be considered
"single-family residences" for purposes of this article.
Any person, firm or corporation occupying premises under
a lease, whether oral or written, from an owner, which premises is
furnished sewer service by the Municipality.
It shall be the duty of the Municipal Manager and any other
Municipal employee under his supervision designated by the Municipal
Manager to administer and enforce all of the provisions of this article.
The Chief of Police and those police officers designated by him shall,
upon request of the Municipal Manager, cooperate and render such assistance
to him as may be necessary for the proper enforcement of this article.
A.
This article shall apply to all users and to the owners of all properties
served or accommodated by any part of the sanitary sewer system of
the Municipality of Monroeville, whether or not such users or properties
are within or without the Municipality, subject, however, to the following
limitations:
(1)
Where preexisting agreements have been made by the Municipality of
Monroeville with specific users, municipalities, authorities or school
districts at any time prior to the enactment of said Monroeville Municipal
Sanitary Sewer Code, such agreements shall be honored to whatever
extent they covered.
[Amended 3-14-1967 by Ord. No. 568]
(2)
Where certain sections of the Municipality of Monroeville sanitary
sewer system, as defined in this article, are not wholly owned or
wholly leased by the Municipality of Monroeville, this article shall
in those cases apply only to the users of property served that lies
within the Municipality of Monroeville.
(3)
The owners of buildings or property outside the Municipality of Monroeville
that are part of the Monroeville Sanitary Sewer District or that may
hereafter request or elect to become part of the Monroeville Sanitary
Sewer District shall, upon such request, be deemed to have accepted
and be bound by all of the provisions of this article, including all
collection and enforcement provisions hereof.
B.
There shall be no exemptions from this article for other governmental
agencies or authorities or eleemosynary institutions.
The drainage of rain- or surface water into the sanitary sewer
system or into any private sewer which ultimately discharges into
the Municipality of Monroeville sanitary sewer system is prohibited.
The discharge or drainage of sanitary sewage into coal mines,
abandoned or otherwise, or into open ditches across public or private
property is prohibited.
The use of septic tanks, cesspools or any other private means
of treatment or disposition of sanitary sewage is prohibited, unless
in those instances where a Municipal sanitary sewer system is not
available and such private system, septic tank, cesspool or otherwise
is specifically authorized, in writing, by the Allegheny County Department
of Health. It is the intention of this article that all sanitary sewage
be discharged into the Municipality of Monroeville sanitary sewer
system (unless herein otherwise specifically prohibited), except in
those instances where sanitary sewers are not directly available.
The occupancy of any building which is not connected through
sanitary sewers to the Municipality of Monroeville sanitary sewer
system or, in the absence of the availability of such system, provided
with a septic tank or disposal system approved by the Allegheny County
Department of Health is prohibited.
The Municipal Manager or any of his authorized subordinates
or any police officer acting pursuant to this article shall have authority
to enter upon private property, at reasonable hours, for the purpose
of inspection of sewer facilities and to determine compliance with
any of the provisions of this article.
No matter or materials shall be discharged into the sanitary
sewer system of the Municipality of Monroeville which would in any
way be prohibited for discharge into the sanitary sewer system of
the Allegheny County Sanitary Authority. No matter or materials of
any nature whatsoever, whether solids, liquids or gases, shall be
discharged into the sanitary sewer system of the Municipality of Monroeville
that would cause or tend to cause unusual wear or damage to sewer
pipe or appliances or that would tend to cause clogging in the system.
Upon written notification from the Municipal Manager or any of his
authorized subordinates, any person so directed shall forthwith terminate
or prevent the discharge of such unlawful materials as the Municipality
may determine. The following matters are specifically prohibited from
discharge into said sanitary sewer system:
A.
Mineral acids, waste acid, pickling or plating liquors from the pickling
or plating of iron, steel, brass, copper or chromium or any other
dissolved or solid substances which will endanger health or safety,
interfere with the flow in sewers or sewerage structures or equipment
or otherwise interfere with the operation of the sewers or other facilities
of the Municipality or the Sanitary Authority.
B.
Cyanides or cyanogen compounds capable of liberating hydrocyanic
gas on acidification.
C.
Fats, entrails and the like from meat processing plants, rendering
plants and similar industries and establishments.
D.
Gas, tar, phenols, residues from petroleum storage, refining or processing,
fuel or lubricating oil, gasoline, naphtha, benzene or explosive or
flammable liquids, solids or gases.
E.
Ashes, cinders, sand, mud, lime or acetylene sludges, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, sawdust, paunch
manure, hair, hides, dead animals, spent mash and grain, pulp from
food processing, water or wastes containing grease in excess of 100
parts per million or any other solids or viscous substances capable
of causing obstruction to the flow in sewers or other interference
with the proper operation of the Municipality's or the Sanitary Authority's
facilities.
F.
Sludges or other materials from septic tanks or similar facilities
or from sewage or industrial waste treatment plants or from water
treatment plants.
G.
Garbage, whether ground or not, except properly shredded garbage
in a private dwelling, apartment, building, hotel, commercial restaurant
or retail food store resulting from the proper use of a garbage grinder
or disposer of a type approved by the Municipality, the Allegheny
County Health Department and the Sanitary Authority and maintained
in good operating condition; provided, however, that a retail food
store shall not operate more than one grinder or disposer, which shall
be not greater than three horsepower in size, and, when so required
by the Allegheny County Health Department, shall be equipped with
an approved water meter and limited in use to the consumption of an
average of not more than 1,500 gallons of water per day; and provided,
further, that the foregoing restrictions shall not apply to any existing
installation in a retail food store or a garbage grinder or disposer
larger than three horsepower in size until such time as the equipment
now in use can no longer be kept in good operating condition by ordinary
maintenance and repair, at which time such grinder or disposer larger
than three horsepower shall be abandoned and shall not be renewed
or replaced.
H.
Water or wastes having a pH lower than 5.5 or higher than 9.0 or
having any other corrosive property capable of causing damage or hazard
to structures, equipment or personnel of the Municipality or of the
Sanitary Authority.
I.
Water or wastes containing any toxic radioactive isotopes.
A.
Where no water meters are used. In cases where any sewer user within
the Municipality of Monroeville Sanitary Sewer District has private
water sources and for that reason does not have a water meter on the
premises, the Municipality may, at its own option, install a sewage
meter or a water meter to measure sewer usage. Such sewage meter or
water meter shall be of such type and shall be located on the premises
in such a manner as shall be determined by the Municipal Manager.
Said meters shall be and at all times remain the property of the Municipality
of Monroeville. Any adjustment or tampering in any manner with such
meters, except by authorized personnel of the Municipality of Monroeville,
is prohibited.
B.
Where water meters are in use. In all cases where a property or building
is served by metered water, the owners of such property may, nevertheless,
cause to be installed, at their own private expense, a separate meter
to measure the flow of sanitary sewage from their property. The make,
type, design and location of such sewage meter shall be subject to
the approval of the Municipal Manager. Upon such approved sewage meter
being installed, the Municipal Manager shall certify the same, and
such meter readings shall be used in lieu of water meter readings
for purposes of this article. The Municipal Manager may decertify
such sewage meter at any time that he determines the same to be in
a faulty state of repair or that, for any reason, it fails to measure
accurately the volume of flow of sanitary sewage from the property
involved. Upon such decertification, readings of the water meter on
the premises shall determine sewage volume, commencing from the day
of the last water meter reading prior to such decertification.
C.
The owner of any such building or property served by metered water
may also, at his own expense, cause such water to be metered in such
a fashion as will clearly indicate the portion thereof that shall
ultimately be discharged into the sanitary sewer system and that which
may be disposed of otherwise, such as for lawn-watering systems. Such
separate meter systems, however, shall be installed only with the
approval of the Municipal Manager and the water utility or authority
servicing such property. Upon the approval of such separate metering
installation and subject to its continued approval, only that water
so metered and connected so as to indicate discharge into the sanitary
sewer system shall be charged for under any of the provisions of this
article.
D.
For purposes of this article where no sewage meter is installed either pursuant to Subsection A or B above, it shall be conclusively presumed that the volume of sewage flow shall be equal to the flow of water used on the premises as measured by the water meter installed thereon, subject, however, to the limitations of Subsection C above.
The owners of any building within the Municipality of Monroeville that is served or accommodated by any part of the sewer system are hereby required and directed, within 90 days of the effective date of this article, or, where such sewers are not presently available, within 90 days of their availability as determined by the Municipal Manager, to take all steps necessary, pay established fees and cause to be constructed a private connecting sewer on their property to connect such building with the Municipal sewer system. Such connecting sewer shall be constructed pursuant to standards as established by Article I of this chapter and as such Article may be hereafter amended. If any such building does not have interior plumbing facilities, the owners thereof are hereby required and directed, within 90 days of the effective date of this article, to construct such interior plumbing facilities pursuant to standards established by the Allegheny County Department of Health. No outhouses or other type of outdoor sanitation facilities are permitted.
For purposes of this article, any property or building within
the Municipality of Monroeville is deemed to be served and accommodated
by Municipal sanitary sewers when such property or building abuts
upon a street, easement or right-of-way wherein a sanitary sewer line
owned, leased or operated, in whole or in part, by the Municipality
of Monroeville is located. As additional sanitary sewer lines, are
constructed by or for the Municipality of Monroeville and placed into
operation, all properties abutting upon the street, easement or right-of-way
wherein such additional sanitary sewer lines are located shall be
deemed served thereby. If such private property adjoins such right-of-way,
easement or street at any point, it shall be construed as an abutting
sewer line to such property.
Where a building erected on property with Municipal sanitary
sewers available to it, as defined above, is, nevertheless, erected
on such property at a point more than 200 feet from the Municipal
sewer line as measured by the shortest direct distance from the closest
point on the sewer line to the closest point on the building, the
owners of such property shall not be required to connect such building
to the Municipal sewer line; provided, however, that this exception
shall no longer apply in cases where the Municipality of Monroeville
has offered to extend the Municipal sewer line into the property to
a point less than 200 feet from such building. Such offer to extend
the Municipal sewer line shall, furthermore, be subject to the owners
of such property granting the necessary rights-of-way for such sewer
extension in a form acceptable to the Municipality of Monroeville.
Should the owners of such property refuse to grant such right-of-way
upon the request of the Municipality of Monroeville, the exception
to connecting requirements set forth in this section shall no longer
be applicable.
The Municipal Manager shall give written notice to all property owners who have failed to make connection to the Municipal sewer system pursuant to § 316-46 hereof. Such notice shall direct the owners of such property to make connection to the Municipal sewer system within 45 days from the date of the notice. Any person, firm or corporation that shall have received such notice and that shall have failed to make such sewer connection within said forty-five-day period shall then be in violation of this article and subject to its penalty provisions, as hereinafter set forth. Upon failure to make such connection upon notice as specified above, the Municipality of Monroeville, in addition to all other penalty and enforcement provisions herein set forth, may, at its option, cause such connection to be made and collect the cost thereof from the property owners by Municipal claim or in an action of assumpsit.
The entire Municipality of Monroeville and, in addition, any
adjacent areas of territories that are served by any part of the Municipality
of Monroeville sanitary sewer system shall constitute one sewer district,
and all charges for the connection to the sewer system and the use
thereof and any other charge appertaining thereto shall be uniform
throughout the Municipality of Monroeville and throughout said sewer
district; provided, however, that where the Municipality of Monroeville
has by agreement provided for the use of part of the Monroeville sanitary
sewer system by another Municipality for the private property owners
thereof, such properties located outside the Municipality of Monroeville
shall not be part of the Municipality of Monroeville Sanitary Sewer
District.
[Amended 1-22-1971 by Ord. No. 722; 2-1-1975 by Ord. No. 901; 10-14-1980 by Ord. No. 1246; 12-29-1981 by Ord. No. 1297; 6-8-1982 by Ord. No. 1334; 12-13-1988 by Ord. No. 1648; 11-23-1990 by Ord. No. 1728; 12-11-1990 by Ord. No. 1729; 1-8-1991 by Ord. No. 1734; 7-8-1997 by Ord. No. 2042]
A.
The owners of all properties and buildings which are presently or which may be hereafter served or accommodated by any part of the sanitary sewer system of the Municipality of Monroeville, wheresoever located within the Monroeville Sanitary Sewer District, shall pay rentals for the operation of the Monroeville sanitary sewer system and for the ultimate disposition and treatment of sewage by the Allegheny County Sanitary Authority according to the schedule of rates as provided in Chapter 194, Fees, as measured by water meters installed on the premises by the Water Authority[1] or utility servicing the same or, where applicable, by
sewage meters installed as hereinbefore set forth.
[1]
Editor's Note: This Authority's name was revised 5-14-2002
by Ord. No. 2223 to be the "Monroeville Municipal Authority."
B.
Surcharges.
(1)
In any case where the wastes of any nonresidential user have an unusually high concentration of suspended solids or biochemical oxygen demand or an unusually high chlorine demand, the sewer charges as set forth in Subsection A above shall be increased according to the following formulas:
(a)
Suspended solids and biochemical oxygen demand:
 |
|
Where:
| |||
|
F
|
=
|
Factor to be applied to basic rate.
| |
|
SS
|
=
|
275 or the suspended solids of the particular waste expressed
in milligrams per liter, whichever is greater.
| |
|
BOD
|
=
|
300 or the biochemical oxygen demand of the particular waste
expressed in milligrams per liter, whichever is greater.
| |
(b)
Chlorine demand:
|
Rc = 000835 Pc (C-5)
|
|
Where:
| |||
|
Rc
|
=
|
Surcharge rate for chlorine demand in cents per 1,000 gallons
of wastes.
| |
|
Pc
|
=
|
Contract price of chlorine in cents per pound.
| |
|
C
|
=
|
5 or the chlorine demand of particular waste in parts per million,
whichever is greater.
| |
(2)
The above surcharges shall be ordered and imposed by the Municipal
Manager only in cases where similar surcharges are imposed upon the
Municipality of Monroeville by the Allegheny County Sanitary Authority.
C.
D.
Single-family residential users shall pay their sewer charges quarterly
and all other users shall pay their sewer charges monthly, in accordance
with statements rendered or caused to be rendered for sewer service
by the Municipality of Monroeville or its duly authorized collection
agency. Charges for sewer service shall be subject to a penalty of
5% if payment for the same is not received by the Municipality of
Monroeville or its collection agency within 30 days from the date
of billing.
E.
Unless sewage or water meters are installed as herein specifically
authorized, it shall be conclusively presumed for purposes of this
article that sewer usage is equal to water usage as measured by water
meters installed by the Monroeville Water Authority,[2] the Wilkinsburg-Penn Water Authority or any other duly
constituted utility or authority supplying water service to the premises
involved.
[2]
Editor's Note: This Authority's name was revised 5-14-2002
by Ord. No. 2223 to be the "Monroeville Municipal Authority."
F.
Use of revenues.
(1)
The revenues received by the Municipality of Monroeville pursuant
to this section shall be used for the following purposes:
(a)
To pay all reasonable and necessary costs of administration
and collection thereof.
(b)
To defray the expenses of the Municipality of Monroeville in
the operation, maintenance and repair of the Municipality of Monroeville
sanitary sewer system and related appliances and facilities.
(c)
To pay to the Allegheny County Sanitary Authority such charges
as it may impose upon the Municipality of Monroeville for the use
of its sanitary sewer system and the ultimate treatment and disposition
of the sewage from the users of the sewer system of the Municipality
of Monroeville.
(2)
All funds received pursuant to the charges made under this section
shall be segregated and kept separate and apart from all other funds
of the Municipality of Monroeville.
A.
In addition to any other charges set forth in this article, the owners of all buildings which are presently or which may be hereafter connected to, either directly or indirectly, or accommodated, either directly or indirectly, by any part of the trunk line sanitary sewers of the Municipality of Monroeville, wheresoever located within the Monroeville Sanitary Sewer District, shall pay to the Municipality of Monroeville the sum as provided in Chapter 194, Fees, for tapping and connecting into the Municipal sanitary sewer system and the use of said trunk lines to the extent of not more than 5,000 gallons of sewage per month.
[Amended 7-10-1973 by Ord. No. 846; 12-29-1981 by Ord. No. 1297; 7-8-1997 by Ord. No. 2042]
B.
This charge, however, shall not be applicable to the owners of properties
or buildings for which fixed sum sewer use charges or tapping fees
for such trunk line sewers have been previously paid or credited in
full pursuant to any previous ordinance of the Municipality of Monroeville
or pursuant to previous written agreement with the Municipality of
Monroeville.
C.
For purposes of this section, the abandonment of a Municipally owned
sewage treatment plant in favor of a trunk line sewer connected to
the sewer system of the Allegheny County Sanitary Authority shall
be considered as a substitution of means of ultimate disposal, and
no charges under this section shall be made against the owners of
those buildings and properties that were previously connected into
such treatment plant; provided, however, that this exception shall
not apply to those previously connected to such treatment plant who,
or whose predecessors in title, had not fully paid for such privilege
pursuant to prior agreements or ordinances of the Municipality of
Monroeville.
A.
In addition to any other charges set forth in this article, the owners of all buildings which are presently or which may be hereafter connected to, either directly or indirectly, or accommodated, either directly or indirectly, by any part of the lateral sanitary sewers of the Municipality of Monroeville, wheresoever located within the Monroeville Sanitary Sewer District, shall pay to the Municipality of Monroeville the sum as provided in Chapter 194, Fees, for tapping and connecting into the Municipal sanitary sewers to the extent of not more than 5,000 gallons of sewage per month.
[Amended 7-10-1973 by Ord. No. 846; 12-29-1981 by Ord. No. 1297; 7-8-1997 by Ord. No. 2042]
B.
This charge, however, shall not be applicable to the owners of properties
or buildings for which fixed sum sewer use charges or tapping fees
for such lateral sewers have been previously paid or credited in full
pursuant to any previous ordinance of the Municipality of Monroeville
or pursuant to previous written agreement with the Municipality of
Monroeville.
C.
The charges established under this section shall also be made for
the privilege of connecting any building or property directly into
what otherwise may be designated as a trunk line sewer.
D.
The charges set forth in Subsection A above shall further be inapplicable where all of the system of lateral sewer lines servicing the properties and buildings within a developed area were or are hereafter installed, constructed and paid for by any person, firm or corporation or agency other than the Municipality of Monroeville or its lessors. This exception shall not apply, however, where the owners of the property or building involved are not the original installer of such lateral sewer system or a subsequent purchaser from such original installer. This exception shall further be inapplicable unless such private installation of lateral sanitary sewers has been installed with the knowledge and approval of the Municipality of Monroeville and has been dedicated or offered for dedication to the Municipality of Monroeville as an additional part of the Municipal sanitary sewer system, with the right in the Municipality to connect other users into the same system.
A.
In addition to any other charges set forth in this article, the owners of all buildings which are presently or which may be hereafter connected to, either directly or indirectly, or accommodated, either directly or indirectly, by any part of the trunk line sanitary sewers of the Municipality of Monroeville, wheresoever located within the Monroeville Sanitary Sewer District, shall pay to the Municipality of Monroeville an extended use charge for the sum of the trunk line sanitary sewer system or any part thereof in excess of 5,000 gallons of usage per month according to the schedule of rates as provided in Chapter 194, Fees, as measured by water meters installed on the premises by the Water Authority[1] or utility servicing the same or, where applicable, by
sewage meters installed as hereinafter set forth.
[Amended 2-1-1975 by Ord.
No. 901; 10-14-1980 by Ord. No. 1246; 12-29-1981 by Ord. No. 1297; 12-13-1988 by Ord. No. 1648; 12-11-1990 by Ord. No. 1729; 1-8-1991 by Ord. No. 1734; 7-8-1997 by Ord. No. 2042]
[1]
Editor's Note: This Authority's name was revised 5-14-2002
by Ord. No. 2223 to be the "Monroeville Municipal Authority."
B.
Charges for sewer usage as set forth in this section shall be subject
to a penalty of 5% if payment for the same is not received by the
Municipality of Monroeville or its collection agency within 30 days
from the date of billing.
C.
These charges, however, shall not be applicable to the owners of properties or buildings for which fixed sum sewer use charges or tapping fees for such trunk line sanitary sewers have been previously paid or credited in full pursuant to any previous ordinance of the Municipality of Monroeville or pursuant to previous written agreement with the Municipality of Monroeville. This subsection, however, shall apply only to the extent of the use of said sewer system by such properties or buildings at the time such payments or credits were made, and should the use of the sanitary sewer system have been increased or be hereafter increased by additions to such properties or buildings, such properties and additional buildings and the owners thereof shall be subject to the charges set forth in Subsection A of this section.
A.
In addition to any other charges set forth in this article, the owners of all buildings which are presently or which may be hereafter connected to, either directly or indirectly, by any part of the lateral sanitary sewers of the Municipality of Monroeville, wheresoever located within the Monroeville Sanitary Sewer District, shall pay to the Municipality of Monroeville an extended use charge for the sum of lateral sanitary sewer system or any part thereof in excess of 5,000 gallons of usage per month according to the schedule of rates as provided in Chapter 194, Fees, as measured by water meters installed on the premises by the Water Authority[1] or utility servicing the same or, where applicable, by
sewage meters installed as hereinafter set forth.
[Amended 2-1-1975 by Ord.
No. 901; 10-14-1980 by Ord. No. 1246; 12-29-1981 by Ord. No. 1297; 12-13-1988 by Ord. No. 1648; 12-11-1990 by Ord. No. 1729; 1-8-1991 by Ord. No. 1734; 7-8-1997 by Ord. No. 2042]
[1]
Editor's Note: This Authority's name was revised 5-14-2002
by Ord. No. 2223 to be the "Monroeville Municipal Authority."
B.
Charges for sewer usage as set forth in this section shall be subject
to a penalty of 5% if payment for the same is not received by the
Municipality of Monroeville or its collection agency within 30 days
from the date of billing.
C.
These charges, however, shall not be applicable to the owners of properties or buildings for which fixed sum sewer use charges or tapping fees for such lateral sanitary sewers have been previously paid or credited in full pursuant to any previous ordinance of the Municipality of Monroeville or pursuant to previous written agreement with the Municipality of Monroeville. This subsection, however, shall apply only to the extent of the use of said sewer system by such properties or buildings at the time such payments or credits were made, and should the use of the sanitary sewer system have been increased or be hereafter increased by additions to such properties or buildings, such properties and additional buildings and the owners thereof shall be subject to the charges set forth in Subsection A of this section.
D.
The charges established under this section shall also be made for
the privilege of connecting any building or property directly into
what otherwise may be designated as a trunk line sewer.
E.
The charges set forth in Subsection A above shall further be inapplicable where all of the system of lateral sewer lines servicing the properties and buildings within a developed area were or are hereafter installed, constructed and paid for by any person, firm or corporation or agency other than the Municipality of Monroeville or its lessors. This exception shall not apply, however, where the owners of the property or building involved are not the original installer of such lateral sewer system or a subsequent purchaser from such original installer. This exception shall further be inapplicable unless such private installation of lateral sanitary sewers has been installed with the knowledge and approval of the Municipality of Monroeville and has been dedicated or offered for dedication to the Municipality of Monroeville as an additional part of the Municipal sanitary sewer system, with the right in the Municipality to connect other users into the same system.
[Amended 2-1-1975 by Ord.
No. 901; 12-29-1981 by Ord. No. 1297; 7-8-1997 by Ord. No. 2042]
[Amended 2-1-1975 by Ord.
No. 901; 12-29-1981 by Ord. No. 1297; 7-8-1997 by Ord. No. 2042]
For purposes of §§ 316-56 and 316-57 of this article, the sanitary sewer usage of any existing building shall be determined by taking the average usage for the 12 previous months prior to the effective date of this article. If such existing building was not in full use for 12 prior months, as determined by the Municipal Manager, then such sewer usage shall be determined as for a new building. Furthermore, the owner of any such existing building may request of the Municipal Manager a redetermination of usage, in which case such existing building shall be treated as a new building.
A.
For purposes of §§ 316-56 and 316-57 of this article, the sanitary sewer usage of any new buildings shall be determined by the Municipal Manager, based upon the experience of similar buildings and uses within the Municipality of Monroeville or, in the absence of such similar uses within the Municipality of Monroeville, then within the Commonwealth of Pennsylvania. The Municipal Manager shall consider the following factors in determining the extent of such usage:
(1)
The size of the building in square feet.
(2)
The proportion of total area normally occupied by people.
(3)
The type of building usage.
(4)
The number and type of plumbing facilities.
(5)
The estimated maximum occupancy of the building.
(6)
The average occupancy of the building.
(7)
The portion of time that the building is occupied.
(8)
The portion of occupants that would have access to and occasion to
use sanitation facilities.
(9)
Estimates of sanitary sewer usage or water usage, as determined and
published by various departments and agencies of the Commonwealth
of Pennsylvania or the United States government.
B.
After 12 full calendar months of experience on actual sewer usage, commencing after the building contemplated is completely erected and fully occupied, as determined by the Municipal Manager, either the Municipality or the property owner may request a redetermination of the usage charge based on actual experience. If such experienced usage is less than 90% or greater than 110% of the usage originally determined by the Municipal Manager, the charges made pursuant to §§ 316-56 and 316-57 shall be reset consistent with such experienced usage and additional charges or rebates shall be made to the property owner consistent therewith. If the Manager should determine that the 12 calendar months experienced usage was not truly indicative of future usage, he may require an additional 12 calendar months of experienced usage before making the final redetermination of charges. If it is further determined by the Municipal Manager that efforts had been made to affect the experience usage by temporarily or partially limiting the use of some of the sanitary facilities in the building, the Municipal Manager may disregard the experienced usage entirely and refuse reimbursement from the original charge, in any event, all reimbursement shall be made only with the approval of the Monroeville Municipal Council.
B.
If, after final determination of sewer charges under §§ 316-56 and 316-57 of this article has been made, the sewer usage of any building is increased, with no changes, alterations or additions made to the building, no additional charges shall be made; provided, however, that should such increase in sewer usage be due to the change in type of usage of the building, as for example from a garage to a restaurant, the Municipal Manager shall make a new determination of sewer use and new charges under §§ 316-56 and 316-57 and shall treat such new building use the same as in the construction of a new building, giving full credit to such similar fixed sum charges previously paid.
C.
If, after final determination of sewer charges under §§ 316-56 and 316-57 of this article has been made and such building is subsequently removed or partially removed, no reimbursement or rebate shall be made for such sewer charges, but if a new building is subsequently erected on substantially the same site, full credit shall be given for charges on the new building for all sums previously paid on account of similar sewer charges under §§ 316-56 and 316-57 hereof.
D.
All additions to existing buildings shall be treated as new buildings.
A.
Should an owner or any existing building elect to be charged pursuant to §§ 316-56 and 316-57, in lieu of the extended use charges set forth in §§ 316-54 and 316-55 of this article, he shall file with the Municipal Manager, on forms provided by the Municipality of Monroeville, a notice of such election within 30 days of the effective date of this article. Such election shall then be effective upon payment in full of such fixed sum charges as established hereunder.
[Amended 7-8-1997 by Ord.
No. 2042]
A.
Upon payment to the Municipality of Monroeville of a fee as provided in Chapter 194, Fees, the owners of any property may elect to convert from fixed sum extended use charges under §§ 316-56 and 316-57 to the standard rate extended use charges under §§ 316-54 and 316-55. No refund shall be made for any fixed sum use charges previously paid, but such payments shall be applied against such standard charges for sewer usage commencing as of the effective date of this article. It shall be the burden of such property owner applying for conversion to supply sufficient evidence acceptable to the Municipal Manager of the extent of sewer usage prior to the application for conversion. If proof of prior usage is inadequate, the privilege of conversion may be denied by the Municipal Manager.
B.
Upon payment to the Municipality of Monroeville of a fee as provided in Chapter 194, Fees, the owners of any property may elect to convert from standard rate extended use charges under §§ 316-54 and 316-55 to fixed sum extended use charges under §§ 316-56 and 316-57. No credit or reimbursement, however, shall be given for any sums previously paid under the standard rate sewer extended use charges under §§ 316-54 and 316-55. Fixed sum sewer extended use charges shall then be determined as for an existing building under § 316-59 above.
[Amended 7-8-1997 by Ord.
No. 2042]
In addition to any other charges set forth in this article, an inspection fee as provided in Chapter 194, Fees, shall be charged for the connection of a private sewer into the Municipal sanitary sewer system. This charge shall apply to all such connections made on or after May 9, 1961, the date of the original enactment of such charge. Where two or more buildings have common sanitary waste lines connected in such a manner that only one sanitary sewer line leaves the combined buildings to join with the Municipal sanitary sewer system, only one such inspection fee shall be charged. If, however, such group of two or more buildings has separate private sewer lines leaving such building and joining together prior to connecting with the Municipal sanitary sewer system, a separate inspection fee shall be charged for each private sanitary sewer line leaving such buildings.
All charges of any nature made under the terms of this article are effective as of the effective date of this article, except as otherwise specifically indicated below. Where a determination of usage is to be made by the Municipal Manager under §§ 316-56 and 316-57 hereof, such charges under those sections shall be effective and become due and payable upon notice of the same mailed to the owners or the occupiers of the property involved. For extended use charges under §§ 316-54 and 316-55, such charges shall be applied on water meter readings read on or after November 1, 1964, for the one-month period preceding such meter reading; provided, however, that in any event all sewer usage chargeable under §§ 316-54 and 316-55 hereof shall be made and applied not later than November 1, 1964. For all new buildings and additions to existing buildings and for change of type of occupancy within existing buildings, the prepayment of all charges under §§ 316-52, 316-53 and 316-64 of this article shall be a condition precedent to the issuance of any building permit for the construction thereof or any occupancy permit for change of type of occupancy.
It shall be the duty of the Municipal Manager to collect all
sums, charges and rents, of any nature, imposed by this article, except
for such collections which have been or may be hereafter specifically
delegated to the Monroeville Water Authority[1] by the Monroeville Municipal Council. The Municipal Manager,
however, shall be responsible for the collection of all delinquent
accounts until liens therefor are entered by the Municipal Solicitor.
If the Municipal Manager shall have failed to collect any charge or
account established under this article after having held such claim
for a period of not more than one year, he or she shall thereupon
give 30 days' notice to the owner of the property where the delinquency
exists, either by certified or registered mail or by posting the premises,
advising such owner that a Municipal claim shall be filed if such
charges are not paid. At the end of such thirty-day period of notice,
such accounts, with the names of the record owners, amount of charges
and description of the premises, shall be referred to the Municipal
Solicitor for the filing of a Municipal lien therefor. Upon the filing
of such Municipal lien, an additional penalty of 5% of the face amount
of the claim shall be added thereto, and interest on the face amount
of such claim shall be further charged at the rate of 6% per annum.
[1]
Editor's Note: This Authority's name was revised 5-14-2002
by Ord. No. 2223 to be the "Monroeville Municipal Authority."
The Municipal Manager shall establish such rules and regulations
not inconsistent with this article as he or she may deem necessary
for the proper and efficient administration of the provisions of this
article.
The owners of all buildings that are served or accommodated by any part of the sanitary sewer system of the Municipality of Monroeville but for any reason are not connected thereto and in use thereof are, nevertheless, subject to the payment of charges under §§ 316-51, 316-52 and 316-53 hereof and for the enforcement and collection thereof as hereinabove set forth.
[Amended 7-8-1997 by Ord.
No. 2042]
Any person, firm or the officers of any corporation who or which
shall violate any of the provisions of this article, except as may
be otherwise limited by law, shall, upon conviction thereof before
any District Justice, be fined a sum not to exceed $600, together
with costs of prosecution, and, upon default of payment of such fine
and costs, may be committed to imprisonment for a period not exceeding
30 days. Each day that a violation shall be permitted to continue
shall constitute a separate offense and may be punishable as such.
Any ordinance or part of ordinance in conflict with any of the provisions of this article is hereby repealed to the extent of such conflict. Articles I and II of this chapter, pertaining to standards of construction of sanitary sewers, are specifically saved and excepted from repeal and are incorporated herein by reference thereto as part of this article. So much of Chapter 328, Swimming Pools, as imposes a tapping fee of $500 for connecting residential swimming pools into the sanitary sewer system, is repealed. Furthermore, nothing herein contained shall be construed to in any way diminish the rights of the Municipality of Monroeville to collect various charges for the use of the Municipality of Monroeville sanitary sewer system imposed by prior ordinances.
