[Adopted 12-3-1970 by Ord. No. 108]
Unless the context specifically indicates otherwise,
the meaning of terms used in this ordinance shall be as follows:
Palmer Township Municipal Sewer Authority, as presently or
hereafter constituted, which has been created by the Board of Supervisors
and to which has been referred by the Board of Supervisors the specific
project of sewers.
The group of elected officials acting as the governing body
of the Township.
Any 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 use, and which contains plumbing for kitchen, toilet or
washing facilities. Hotels, motels, boarding or rooming houses and
institutional dormitories shall be included in this definition.
Any structure intended to be used wholly or in part for the
manufacturing, fabricating, processing, cleaning, laundering or assembly
of any product, commodity or article.
Portions of the sewer system consisting of small-diameter
pressure mains used for collecting wastewater discharges from grinder
pumps, the grinder pumps and appurtenant valves, piping, pump controls
and tanks.
[Added 2-10-1981 by Ord. No. 185]
Any establishment now or hereafter served by the sewer system
other than a residential establishment, and includes reference to
the terms "commercial establishment" and "industrial establishment."
Any individual, firm, company, association, society, corporation
or group.
Any room, group of rooms, house trailer, structure, dwelling
or enclosure intended to be occupied as separate living quarters by
a family or other group of persons living together, or by persons
living alone, but excluding institutional dormitories.
All temporary and permanent facilities at any time, and from
time to time, owned by the Authority, or leased to and operated by
the Township and used or usable for, or in connection with, the collection
of wastewaters.
The Township of Palmer, Northampton County, Pennsylvania.
The normal water-carried household and toilet wastes from
residential and nonresidential establishments, as well as 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 which are suitable for discharge to the sewer system.
The Easton Suburban Water Authority, its successors and assigns.
There is hereby imposed upon each owner of each
property connecting to the sewer system a tapping or connection fee
of $150 for each connection made to such sewer system, which shall
be due and payable upon application for permit to make connection
to the sewer system.
A.
Owners of property connected to and from which wastewaters
are discharged to the sewer system and to which is furnished unmetered
water service by the Township shall pay sewer rentals equal to $35
per quarter for each residential and/or nonresidential establishment.
B.
Metered water service.
(1)
Owners of property connected to and from which wastewaters are discharged to the sewer system, and to which is furnished metered water service by the water supplier, with exceptions set forth hereinafter in Subsections C, D, E and F, shall pay sewer rentals based upon volumes of water consumed at a rate to be set be the Supervisors of Palmer Township, by resolution, which resolution shall set a minimum rate.
[Amended 2-7-1972 by Ord. No. 118; 5-1-1972 by Ord. No. 123]
(2)
The volume of water to be used for billing sewer rentals under this Subsection B shall include aggregate quarterly volumes of water purchased from the water supplier, and, in addition, aggregate quarterly volumes of water obtained from all other sources (wells, streams, etc.) as determined from meters installed and maintained by the Township, or from meters installed and maintained by the property owner as may be required and approved by the Township, or from estimates or measurements made by the Township.
C.
In case of owners of property from which wastewaters are discharged to the sewer system that originate in more than one residential and/or nonresidential establishment located on the property, sewer rentals shall be computed for each individual establishment as set forth in Subsections A and B, and, as may be applicable, Subsections D, E and F. Individual sewer rentals thus computed for each establishment shall be totaled for purposes of determining the aggregate sewer-rental billing to the property owner.
D.
Exclusion from the sewer system of noncontaminated wastewaters may be required of a nonresidential establishment by the Township, or such exclusion may be optional with the property owner if not required by the Township. When such wastewaters are excluded, or when any other portion of the water consumption of a nonresidential establishment does not reach the sewer system, sewer rentals shall be based upon total water consumption, less water excluded, as set forth under Subsection B, and, as may be applicable, as set forth in Subsection F. Water excluded shall be determined from meters installed and maintained by the property owner as required and approved by the Township, from estimates made by the Township, or the property owner may elect to measure wastewater volumes actually discharged to the sewer system, as hereinafter provided. The provisions of this section shall also apply to residential establishments, except that the option of the property owner to exclude water shall be subject to approval by the Township. The Township may by resolution provide for administrative procedure, fees and forms for implementing this subsection.
[Amended 5-1-1972 by Ord. No. 123]
E.
The Township may require the owner of an industrial establishment, or the owner of an industrial establishment may elect to install, pay for and maintain a meter approved by the Township for measuring quarterly wastewater volumes discharged to the sewer system, in which case sewer rentals shall be based upon the actual volume of wastewaters so metered and the rates set forth under Subsection B, and, as may be applicable, as set forth in Subsection F.
F.
Owners of industrial establishments desiring to discharge industrial wastes to the sewer system shall obtain a permit from the Township to do so upon notification by the Township. Applications for a permit to discharge industrial wastes shall be accompanied by all information requested by the Township for the determination of industrial waste volumes, characteristics and constituents. The cost of obtaining such information shall be borne by the industrial establishment. The owner of an industrial establishment discharging wastewaters 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 five one-hundredths of one percent (5/100 of 1%) for each ppm by which the BOD exceeds 200 ppm plus five one-hundredths of one percent (5/100 of 1%) for each ppm by which the suspended solids exceed 250 ppm. Surcharges shall be applicable to all sewer-rental billings made under Subsections B, C, D and E hereof. The strength of wastewaters to be used for establishing the amount of surcharge shall be determined at least once annually either by suitable sampling and analysis of the wastewaters for three consecutive days during a period of normal plant operation, or from estimates made by the Township, or from known relationships of products produced to strengths established. In establishing wastewater strengths for surcharge purposes by analysis, analyses shall be made in accordance with procedures outlined in the latest edition of "Standard Methods for the Examination of Water and Waste Water" published by the American Public Health Association, Inc. Owners of industrial establishments discharging wastewater to the sewer system shall furnish the Township upon request all information deemed essential by the Township for the determination of applicable sewer-rental surcharges for excess-strength wastes. The cost of obtaining such information shall be borne by the owner of the industrial establishment.
G.
Sewer rental charges set forth herein shall be effective with respect to sewer service rendered on July 1, 1971, and thereafter. All sewer rental billings shall be rendered in arrears of the service provided for the calendar quarterly service periods on January 1, April 1, July 1 and October 1 of each year a property or establishment is connected to the sewer system. Bills shall be rendered quarterly for the quarterly period ending on the last days of March, June, September and December of each year beginning October 1, 1971. Sewer rental billings under Subsection B and/or Subsections C, D, E and F, as may be applicable, shall be based upon water consumed and metered during the quarterly water service period immediately preceding the quarter in which the sewer billing is rendered. Owners of property connected to the sewer system for only a portion of a calendar quarter shall pay a pro rata sewer rental based upon the time period actually connected during the quarter. All sewer rental billings shall be due and payable upon presentation, and, if not paid within 30 days from the date of billing, a penalty of 5% shall be charged quarterly upon all such unpaid billings. In addition, if the filing of a municipal lien becomes necessary by reason of such nonpayment, interest to the maximum extent allowable by law, reasonable counsel fees and all costs associated therewith shall be added to the penalty provisions set forth in the preceding sentence.
[Amended 2-7-1972 by Ord. No. 118; 12-13-1993 by Ord. No. 254]
H.
Owners of properties connected to and from which wastewaters
are discharged to a low-pressure sanitary sewer system shall pay,
in addition to the sewer rental charge set forth herein, an additional
monthly fee as set by the Board of Supervisors, payable quarterly.
Such additional fee is to pay the cost of eventual replacement of
the grinder pump units by the Township. The additional monthly fee
collected from property owners connected to a low-pressure sanitary
sewer system shall be deposited into an interest-bearing escrow account
to be used exclusively for the purpose of defraying the costs to the
Township for the replacement of grinder-pump units.
[Added 2-10-1981 by Ord. No. 185]
[Amended 7-11-1972 by Ord. No. 124]
When directed by the Township, industrial, commercial
and other 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 wastewaters discharged to
the sewer system. The Township or its duly authorized representative
shall, at all reasonable times, be permitted to enter upon any and
all properties for the purpose of inspecting, observing, measuring
and sampling wastewaters discharged to the sewer system. The owner
of any such establishment that desires to connect to the sewer system,
or which is connected to the sewer system and plans to change its
operations so as to materially alter the characteristics and volumes
of wastewaters 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 wastewaters in order
to prevent discharges deemed harmful or to have a deleterious effect
upon any portion of the sewer system. No wastewaters shall be discharged
to the sewer system:
(1)
Having a temperature higher than 140º F.
(2)
Containing more than 100 ppm by weight of fats, oils
and grease.
(3)
Containing any gasoline, benzine, naphtha, fuel oil
or other inflammable or explosive liquids, solids or gases.
(4)
Containing any garbage that has not been ground by
household-type or other suitable garbage grinders.
(5)
Containing 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.
(6)
Having a pH lower than six point five (6.5) or higher
than nine point zero (9.0) or having any other corrosive property
capable of causing damage or hazards to structures, equipment or personnel
of the sewer system.
(7)
Containing toxic or poisonous substances in sufficient
quantity to injure or interfere with any sewage-treatment process,
or constitute hazards to humans or animals, or to create any hazard
in waters which receive treated effluent from the City of Easton sewage-treatment
plant. Toxic wastes shall include, but not by way of limitation, wastes
containing cyanide, chromium, copper and nickel ions.
(8)
Containing noxious or malodorous gases or substances
capable of creating a public nuisance.
(9)
Containing solids of such character and quantity that
special and unusual attention is required for their handling.
(10)
Containing water or substances having characteristics,
etc., which violate provisions of the agreements for sewage transportation
and treatment services with the Forks Township Municipal Sewer Authority,
the Borough of Wilson, the Borough of West Easton, the City of Easton
and the Easton Area Joint Sewer Authority.
[Amended 2-10-1981 by Ord. No. 185]
(11)
Containing surface drainage or stormwater.
B.
Suitable pretreatment facilities shall be installed
to meet these requirements.
The Township reserves the right to require industrial
establishments having large variations in rates of wastewater discharge
to install suitable regulating devices for equalizing waste flows
to the sewer system.
The Township 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.
A.
Quarterly charges for sewer service shall be subject to a penalty as provided in § 147-3 if not paid within 90 days after the date of billing. If not paid within 30 days after becoming due, the Township shall have the right to cut off sewer service or request that water service be discontinued, or do both, to the delinquent premises and not restore the same until all delinquent bills against the delinquent premises, establishment or owner and the cost of cutting off and restoring service shall have been paid.
[Amended 2-7-1972 by Ord. No. 118]
B.
The owners of all properties connected to the sewer
system must give the Township their correct address. Failure to receive
bills shall not be considered an excuse for nonpayment nor will it
permit an extension of the period in which bills are payable at face.
All property owners shall be primarily responsible for sewer bills;
however, the Township may bill individual tenants of any property
owner at the owner's request. Such billing shall in no way reduce
the primary responsibility of the property owner for nonpayment and
the property owner shall be responsible for notifying the Township
of all changes in occupancy, tenants or address.
[Amended 2-7-1972 by Ord. No. 118]
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, will be deemed to be a payment within
such period.
D.
All sewer rentals, together with all penalties thereon,
not paid on or before the end of one year from the date of each bill
shall be deemed to be delinquent. All delinquent sewer rentals and
all penalties thereon shall be a lien on the property served and shall
be entered as a lien against such property in the office of the Prothonotary
of Northampton County and shall be collected in the manner provided
by law for the filing and collection of such liens.
[Amended 2-10-1981 by Ord. No. 185]
The funds received by the Township from the collection of the sewer rentals and charges and all penalties and interests thereon, as herein provided for, except revenue from grinder pump surcharges as set forth in § 147-3H herein which shall be kept in a separate interest-bearing escrow account, 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 expense in relation to such 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, or the financing of, the sewer system, in accordance with the provisions of the Act of May 2, 1945, P.L. 382, as amended.
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 ordinance.
This ordinance and any rules and regulations
hereunder shall become effective immediately 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 from time to time as, in its opinion,
may be desirable or beneficial, and to amend this ordinance or to
change the rates or charges in such manner and at such times as, in
its opinion, may be advisable.
If any of the provisions, sections, sentences,
clauses or parts of this ordinance or the application of any provision
hereof shall be held invalid, such invalidity shall not affect or
impair any of the remainder of this ordinance, it being the intention
of the Township that such remainder shall be and remain in full force
and effect.
All ordinances or parts of ordinances in conflict
or inconsistent herewith be and the same are hereby repealed absolutely.
