Township of Swatara, PA Oberlin-Enhaut-Bressler Sewer District

Any property within this Township 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, and which shall be in area served by the sewer system.

INDUSTRIAL ESTABLISHMENT

Any improved property located in this Township used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article, or any other improved property located in this Township from which wastes, in addition to or other than sanitary sewage, shall be discharged; and, with respect to any of the foregoing, which shall be on the area served by the sewer system.

INDUSTRIAL WASTES

Any and all wastes discharged from an industrial establishment, other than sanitary sewage.

LATERAL

That part of the sewer system extending from a sewer to the curbline or, if there shall be no curbline, to a point designated by the Township, or, if no such lateral shall be provided, the "lateral" shall mean that portion of, or place in, a sewer which is provided for connection of any building sewer.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of any improved property.

PERSON

Any individual, partnership, company, association, society, trust, corporation or other group or entity.

SANITARY SEWAGE

Normal water-carried household and toilet wastes from any improved property.

SEWER

Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes.

SEWER SYSTEM

All facilities, as of any particular time, for collecting, pumping, transporting, and disposing of sanitary sewage and/or industrial wastes, in, through or for a portion of this Township constituting the Oberlin-Enhaut-Bressler Sewer District, as heretobefore and hereafter described by resolution of the Board of Commissioners of this Township, to be owned by the Authority, and to be leased to this Township for operation and use.

STREET

Shall mean and shall include any street, road, lane, court, cul-de-sac, alley, public way or public square.

TOWNSHIP

The Township of Swatara, Dauphin County, Pennsylvania, a municipal subdivision of the commonwealth, acting by and through its Board of Commissioners or, in appropriate cases, acting by and through its authorized representatives.

§ 231-24 Use of public sewers required.

Improved properties to be connected to available sewers. The owner of any improved property abutting on or adjoining any street or highway in which a sewer or drain is located which is part of the sewer system shall connect such improved property with and shall use such sewer system, in such manner as this Township may require, within 60 days after notice to such owner from this Township to make such connection, for the purpose of discharge of all sanitary sewage and industrial wastes from such improved property; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township, from time to time.

Wastes to be discharged into sewers. All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with sewer shall be required under Subsection A, shall be conducted into a sewer; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township, from time to time.

Unlawful to deposit or place wastes in violation of article.

(1)

No person shall place, shall deposit or shall permit to be placed or to be deposited upon public or private property within this Township any sanitary sewage or industrial wastes in violation of Subsection A.

(2)

No person shall discharge or shall permit to be discharged to any natural outlet within this Township any sanitary sewage or industrial wastes in violation of Subsection A, except where suitable treatment has been provided which is satisfactory to this Township.

Abandonment of sewage receptacles required.

(1)

No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon any improved property which has been connected to a sewer or which shall be required under Subsection A to be connected to a sewer.

(2)

Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of this Township, shall be cleansed and shall be filled, at the expense of the owner of such improved property, under the direction and supervision of this Township; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by this Township, not cleansed and filled, shall constitute a nuisance, and such nuisance may be abated, as provided by law, at the expense of the owner of such improved property.

Unlawful to connect sewage receptacle sewer. No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer.

Notice to connect. The notice by this Township to make a connection to a sewer, referred to in Subsection A, shall consist of a written or printed notice requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within 60 days from the date such notice is given. Such notice may be given at any time when a sewer is in place which can receive and can convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner in accordance with law.

§ 231-25 Building sewers and connections.

Permit required for connection. No person shall uncover, shall connect with, shall make any opening into or shall use, shall alter or shall disturb, in any manner, any sewer or any part of the sewer system without first obtaining a permit, in writing, from this Township.

Application for sewer connection permit. Application for a permit required under Subsection A shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.

Prerequisites to making connection. No person shall make or shall cause to be made a connection of any improved property with a sewer until such person shall have fulfilled each of the following conditions:

(1)

Such person shall have notified the Secretary of this Township of the desire and intention to connect such improved property to a sewer;

(2)

Such person shall have applied for and shall have obtained a permit as required by Subsection A;

(3)

Such person shall have given the Secretary of this Township at least 24 hours of the time when such connection will be made so that this Township may supervise and inspect or may cause to be supervised and inspected the work of connection and necessary testing; and

(4)

If applicable, such person shall have furnished satisfactory evidence to the Secretary of this Township that any tapping (or connection) fee which may be charged and imposed by the Authority against the owner of each improved property who connects such improved property to a sewer has been paid.

Separate connection required for each property; exception. Except as otherwise provided in this subsection, each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, but then only after special permission of this Township, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by this Township.

Responsibility for connection expenses and damages. All costs and expense of construction of a building sewer and all costs and expenses of connection of a building sewer to a sewer shall be borne by the owner of the improved property to be connected; and such owners shall indemnify and shall save harmless this Township and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building sewer or of connection of a building sewer to a sewer.

Location for connection.

(1)

A building sewer shall be connected to a sewer at the place designated by this Township or by the Authority and where, if applicable, the lateral is provided.

(2)

The invert of a building sewer at the point of connection shall be at the same or higher elevation than the invert of the sewer. A smooth, neat joint shall be made and the connection of a building sewer to the lateral shall be made secure and watertight.

Township may make connection and collect cost upon default of property owner. If the owner of any improved property abutting on or adjoining any street in which a sewer constituting part of the sewer system is located, after 60 days' notice from this Township requiring the connection of such improved property with a sewer, in accordance with § 231-24A, shall fail to connect such improved property, as required, this Township may make such connection and may collect from such owner the costs and expenses thereof by a municipal claim, an action in assumpsit or such other legal proceedings as may be permitted by law.

§ 231-26 Rules and regulations governing building sewers and connections.

House sewer to be continued as building sewer. Where an improved property, at the time connection to a sewer is required, shall be served by its own sewage disposal system or sewage disposal device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or sewage disposal device and attachment shall be made, with proper fittings, to continue such house sewer line as a building sewer.

Inspection and approval by Township or authority. No building sewer shall be covered until it has been inspected and approved by this Township. If any part of a building sewer is covered before so being inspected and approved, it shall be uncovered for inspection, at the cost and expense of the owner of the improved property to be connected to a sewer.

Maintenance of building sewer. Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.

Guarding and restoration of excavation required. Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Any street, sidewalk and other public property disturbed in the course of installation of a building sewer shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to this Township.

Failure to remedy unsatisfactory work. If any person shall fail or shall refuse, upon receipt of a notice of this Township or the Authority, in writing, to remedy any unsatisfactory condition with respect to a building sewer, within 60 days of receipt of such notice, this Township or the Authority may refuse to permit such person to discharge sanitary sewage and industrial wastes into the sewer system until such unsatisfactory condition shall have been remedied to the satisfaction of this Township and the Authority.

Additional rules and regulations may be adopted. This Township reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with a sewer and with sewer system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this article.

§ 231-27 Violations and penalties; enforcement.

[Amended 4-11-1990 by Ord. No. 1990-1]

Penalty for violation. Any person who shall violate this article shall be liable, upon summary conviction for a first offense and upon summary conviction for each subsequent offense, to a fine of not less than $15 nor more than $1,000, together with costs of prosecution in each case; and/or to imprisonment for a term not to exceed 30 days. Each day that a violation shall continue shall be deemed and shall be taken to be a separate offense and shall be punishable as such.

Recovery of fines and costs. Fines and costs imposed under provisions of this article shall be enforceable and recoverable in the manner and at the time provided by applicable law.

§ 231-28 Purpose.

Purpose of article. It is declared that enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of this Township.

Article VI Rates, Rules and Regulations

[Adopted 10-15-1975 by Ord. No. 1975-18 (Ch. 18, Part 2B, of the 1990 Code)]

§ 231-29 Definitions.

[Amended 10-12-1994 by Ord. No. 1994-10]

Unless the context specifically and clearly indicates otherwise, the meanings of terms and phrases used in this article containing the rates, rules, and regulations for the Oberlin-Enhaut-Bressler Sewer District shall be as follows:

APPLICANT

The owner of the property to be connected to the sewer system or his duly authorized representative.

AUTHORITY

The Swatara Township Authority which has been created by the Board of Commissioners of Swatara Township.

BUILDING SEWER

The extension from the building drain to the public sewer.

COMMERCIAL ESTABLISHMENT

A structure or a portion thereof intended to be used wholly or in part for the purpose of carrying on a trade, industry, business or profession or for social, amusement, religious, educational, charitable or public use.

EASEMENT

An acquired legal right for the specific use of land owned by others.

ENGINEER

The individual or engineering firm duly appointed by the Authority under the terms of the trust indenture.

MANAGER

That person responsible for the management of the sewer system appointed by the Authority or Township.

PERSON

Any individual, firm, partnership, corporation, company, association, society or group.

PUBLIC SEWER

A common sewer controlled by the Authority.

SERVICE LATERAL

That part of the sewer system from the main or manhole to the curbline or property line when there is no curbline.

SEWER CUSTOMER

As used hereinafter, means the person, whether owner or tenant, contracting for service to a property as hereinafter classified:

(1)

A building under one roof and occupied by one family or commercial establishment.

(2)

A combination of buildings in one common enclosure, occupied by one family or commercial establishment.

(3)

One side of a double house occupied by one family or commercial establishment even though plumbing fixtures may be used in common.

(4)

Each apartment unit or dwelling unit in a building having more than one dwelling unit, including condominium unit.

(5)

Each dwelling unit, apartment, office, commercial establishment in a building containing more than one such units.

(6)

Each mobile home or trailer occupied by one family or commercial establishment.

If a bill is sent to a tenant, it is for the convenience of the owner who shall remain primarily liable for the bill.

SEWER RENTAL

That quarterly charge for direct or indirect use of sewer system of the Authority.

SEWER SYSTEM

The main sewers and appurtenances that are constructed by and/or under the control of the Authority.

TOWNSHIP

The Township of Swatara, Dauphin County, Pennsylvania, or the duly constituted and elected authorities thereof.

WATER COMPANY

That municipal or private water company supplying water service to the sewer customer.

§ 231-30 Building sewers and connections.

[Amended 4-11-1990 by Ord. No. 1990-1; 6-13-1990 by Ord. No. 1990-2; 6-12-1991 by Ord. No. 1991-8; 11-13-1991 by Ord. No. 1991-11; 10-12-1994 by Ord. No. 1994-10; 1-16-2002 by Ord. No. 2002-2]

No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof of the Swatara Township Authority without first obtaining a written permit from the Authority and paying the connection fee and tapping fee required at that time. Any permit shall be null and void five years from the date of issuance. If a permit has been issued before adoption of this article, then the permit shall be good for five years from the adoption of this article. No building sewer can be installed unless construction has been commenced on a building.

The owner(s) or his agent shall make application on a special form furnished by the Authority and shall pay a connection fee and tapping fee before the permit is issued. The connection fees, which shall also cover the cost of inspection, shall be $326 for each residential unit or equivalent dwelling unit (EDU). The tapping fee shall be $1,110 for each residential unit or equivalent dwelling unit (EDU), which shall be computed from a capacity charge of $543, a collection charge of $567, a special purpose charge of $0, and a customer facility charge, if applicable. For other than a residential unit, an EDU shall be based on design criteria of 215 gallons per day. Any nonresidential use shall have an engineer’s certification as to estimated flows on which to base the tapping fee. The Authority shall have the power to bill the owner or sewer customer for additional tapping fees based on flows for the first year of operation if the certification of estimated flows is lower than actual flows. The connection and tapping fees listed above have been calculated in accordance with the provisions of Act 57 of 2003 (53 Pa.C.S.A. § 5607). The calculations are attached hereto as an appendix entitled "Oberlin-Enhaut-Bressler Sewer District Connection and Tapping Fee Calculations."[1]

[Amended 6-8-2005 by Ord. No. 2005-4; 7-12-2006 by Ord. No. 2006-3]

[1]

Editor’s Note: Said appendix is on file in the Authority’s offices.

All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s) who shall be responsible for installation and connection. If the owner(s) shall refuse to install and connect the building sewer, the Authority shall have the right, inter alia, to install and connect the building sewer and to impose a customer facilities fee for the cost of such installation against the owner(s). The owner(s) shall indemnify the Authority from any loss that may directly or indirectly be occasioned by the installation of the building sewer. All building sewers and service laterals shall be maintained by and at the sole expense of the property owner(s).

A separate and independent building sewer shall be provided for every building whether constructed as a detached unit or as one or a pair or row, but a single building sewer will be permitted to serve a school, factory, an apartment house or other permanent multiple-unit structure whose individual units may not be subject to separate ownership, or will be subject to separate ownership as a condominium unit. Where one building stands at the rear of another or an interior lot that may in the future be subdivided and no separate building sewer can be provided to the rear building, the front building sewer may be extended to the rear building provided that an easement at least 10 feet in width with plan attached showing the common building sewer line, is recorded in the Recorder of Deeds Office of Dauphin County, Pennsylvania, listing the property owner of the front parcel as grantor and the property owner of the rear parcel, even though it is the same as the owner of the front parcel, as grantee.

Only persons, firms or corporations who have demonstrated by past performance to the satisfaction of the Authority that they are qualified and capable of performing plumbing work in accordance with good plumbing practice may install building sewers which connect to the sewer mains. All such persons must register with the Authority giving name, key personnel, address and phone number, and a list of approved firms shall be maintained by the Authority.

The size, slope, alignment, materials of construction and the methods to be used in excavating, placing the pipe, jointing and backfilling the trench shall all conform to the requirements of § 231-31 of these rates, rules and regulations.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

No person(s) shall make connections of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sanitary sewer. Any person, partnership or corporation who shall allow such connections shall be responsible for damages and the cost of repairs, together with legal costs.

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Township.

The applicant for the building sewer permit shall notify the Authority when the building sewer is ready for inspection and prior to backfill. If a portion of the building sewer is to be backfilled before completion for the convenience of the applicant and more than one inspection is required, the Authority or its agent making the inspections may collect from the applicant reasonable additional inspection charges. The applicant or plumber must be present for all inspections and shall have their copy of the permit available at that time.

Employees and agents of the Authority, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the public system in accordance with the provisions of these rates, rules and regulations.

Persons, firms or corporations intending to excavate for construction, repair or reconstruction of building sewers must comply with all requirements of Pennsylvania Act 172 of 1986, Pennsylvania One Call Utility Line Protection Law. This Act requires notification at least 72 hours (three days) in advance of digging. Telephone 1-800-242-1776.

§ 231-31 Materials and methods of installation.

[Amended 10-14-1976 by Ord. No. 1976-37; 10-12-1994 by Ord. No. 1994-10]

Building sewer pipe and fittings may be any of the following materials, not less than four inches in internal diameter:

(1)

Ductile iron soil pipe and fittings, medium weight or heavier.

(2)

Polyvinyl chloride (PVC) type PSP sewer pipe and fittings, or type PSM, or type 1, schedule 40.

Jointing materials for the various types of pipe shall be as follows:

(1)

Ductile iron - rubber gaskets, or lead and jute properly caulked.

(2)

Polyvinyl chloride - solvent or gasket.

The pipe shall be installed at a minimum grade of 1.0% with straight alignment and utilizing proper fittings for required bends. The pipe shall be bedded with minimum of four inches of crushed stone. Lines shall be properly backfilled with a minimum of three feet of cover. Surface cleanouts shall be installed as necessary to limit the distance from sewer main to cleanout or cleanout to cleanout, to not more than 70 feet. Cleanouts shall be constructed by using a "Y" fitting in the run of pipe with a forty-five-degree bend and riser to the ground surface. The riser pipe must be provided with a standard screw type cleanout plug. The riser and plug must be the same pipe size as the lateral. Cleanouts placed in all traffic areas must be protected by curb boxes. Where connection is made directly to a manhole, the building sewer must enter the manhole on top of the pad and a suitable nonshrink grout channel must be provided to direct the flow to the manhole channel. The opening for the lateral must be core bored into the manhole and the connection to the manhole must be made with an approved type adaptor.

Street, curb, sidewalk and driveway surfaces must be protected from damage by excavating equipment at all times by the use of rubber pads or wood planks. Any damage to the street or curbing will be the applicant's responsibility to repair.

If any voids are created under the street paving, the excavation shall be extended to the surface to permit proper backfilling and tamping. The base course and surfacing must be replaced within 24 hours and it shall be the applicant's responsibility to fill and repave any subsequent settling of the street surface.

All excess materials on the streets and sidewalks must be removed promptly from the site and the area broomed clean.

Wherever, in the opinion of a representative of the Authority, the trenching conditions require either a specific type of pipe, jointing material or encasement in concrete, such materials as they may direct shall be installed to protect the property owner and/or the Township or Authority.

The construction of building sewers and laterals shall, at all times, be subject to inspection by the Authority, or its representatives. Any defects must be corrected before backfilling may proceed.

Backfilling to a height of one foot above the top of the pipe must be with crushed stone.

Connections to mains where no branch fitting has been previously provided shall be made with an approved saddle-type fitting designed for the size and material of the sewer main. The sewer main and the bell of the saddle must be supported with concrete.

Construction and materials shall be in accordance with Authority specifications.

§ 231-32 Use of the public sewers.

[Amended 10-12-1994 by Ord. No. 1994-10]

No person(s) shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff or subsurface drainage into the public sewers of the Authority.

No person(s) shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

(1)

Any gasoline, benzine, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.

(2)

Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create a hazard in the receiving waters or wastewater treatment plants.

(3)

Having a pH lower than 6.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the wastewater treatment plants.

(4)

Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, bones, cinders, sand, mud, straw, shavings, metals, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper cups and dishes, milk containers, etc., either whole or ground by garbage grinders.

(5)

Having a temperature higher than 150° F.

(6)

Containing iron, chromium, copper, zinc, cyanide or similar objectionable or toxic substances.

(7)

Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin.

(8)

Wastewater from industrial plants containing floatable oils, fat or grease.

(9)

Quantities of flow that exceed for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration, or flows that would adversely affect the sewer system and/or performance of the wastewater treatment facilities.

(10)

Any flow which shall constitute an industrial waste, hazardous waste or toxic waste discharge as defined by EPA or DEP.

Waters or wastes which may have a deleterious effect upon the sewers or wastewater treatment facilities.

(1)

If any waters or wastes are discharged or proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection B, and which, in the opinion of the Authority representative, may have a deleterious effect upon the sewers or wastewater treatment facilities or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, or constitute an industrial waste, hazardous waste or toxic waste discharge, as defined by EPA or DEP, the Authority may:

(a)

Reject the waste;

(b)

Require pretreatment to an acceptable condition;

(c)

Require control over quantities and rates of discharge; and/or

(d)

Require payment to cover added cost of handling and treating the waste not covered by existing sewer charges.

(2)

If the Authority permits the pretreatment or equalization of waste flow alternatives, the design of the facilities shall be subject to the review and approval of the Authority staff and/or Engineer.

Grease, oil and sand interceptors shall be provided when, in the opinion of the Authority, they are necessary, except that such interceptors shall not be required for private living quarters. All interceptors shall be of a type and capacity approved by the Authority. The owner(s) shall be responsible for the maintenance of these interceptors and the proper removal and disposal of captured material and shall maintain records of the dates, and means of disposal which are subject to review by the Authority.

The Authority may require a user of sewer service to provide information needed to determine compliance with these rates, rules and regulations, including, but not limited to, wastewater rates of flow, chemical analyses, raw materials processes and products affecting wastewater and quantities and disposition of specific liquids and materials important to sewer use control.

§ 231-33 Extensions by developer.

[Amended 10-12-1994 by Ord. No. 1994-10]

In cases where an extension of the sewer system is required to serve one or more dwelling units or other building(s) to be constructed by an individual or developer, application for such extension must be made on a special form provided by the Authority.

The completed application, together with plot plan showing proposed construction and appropriate filing fee made payable to the Authority, must then be submitted to the Authority Manager.

The Authority's representative will prepare a feasibility sewer report and cost estimate, review these with the developer and submit them to the Authority for approval in concept.

Upon approval by the Authority, the developer must enter into an extension agreement with the Authority providing for:

(1)

Review of plans and specifications by Authority representatives.

(2)

Approval by state and local agencies.

(3)

Installation in compliance with Authority's specifications and inspection during construction by Authority.

(4)

Escrow deposit by developer to cover costs of Subsection D(1), (2), and (3) above, plus legal fees and cost of construction if construction is by contractor engaged by Authority; or 10% of estimated construction costs if constructed by developer's contractor or own forces subject to approval by the Authority.

(5)

Refund to developer of any unexpended monies after acceptance of extensions or additional escrow deposit to cover any actual costs incurred over and above the initial deposit.

(6)

Transfer of title of public sewer extensions to Authority for operation and maintenance.

(7)

Other provisions as may be appropriate to protect the Authority's interests.

§ 231-34 Tampering with equipment; disconnection for violation; use restrictions.

No person(s) shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any pipeline, structure, appurtenance or equipment of the Authority. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

The Authority shall have the right to close up or disconnect from the sewer system any building sewer used for carrying rain water, surface water, groundwater or objectionable matter or whenever any violations of these rates, rules and regulations are committed.

The Authority reserves the right to restrict the use of sewer service whenever the public welfare may require it.

§ 231-35 Rates and charges.

[Amended 6-8-1983 by Ord. No. 1983-2; 6-11-1986 by Ord. No. 1986-4; by Ord. No. 1988-5; 10-12-1994 by Ord. No. 1994-10; 7-10-1996 by Ord. No. 1996-3; 1-16-2002 by Ord. No. 2002-2]

Sewer rentals and charges are hereby imposed as follows:

(1)

All properties connected to the sewage system shall pay sewer rentals based upon metered water consumption. Said sewer rentals are set forth as follows:

[Amended 8-13-2003 by Ord. No. 2003-4]

(a)

Single-family residential unit containing plumbing for kitchen or for toilet facilities, whether a house, apartment unit, mobile home, etc.: a minimum quarterly bill of $92 for the first 5,000 gallons per residential unit, together with an additional $2.50 per 1,000 gallons above 5,000 gallons.

[Amended 12-12-2007 by Ord. No. 2007-12; 1-14-2009 by Ord. No. 2009-1; 12-9-2009 by Ord. No. 2009-15; 12-8-2010 by Ord. No. 2010-7]

(b)

Public or private schools: a sewer rental of $4.30 quarterly for each pupil, teacher or employee, payable quarterly for the first 1,600 gallons per pupil, teacher or employee, together with an additional $0.75 per 1,000 gallons above 1,600 gallons per quarter multiplied by the number of pupils, teachers and employees.

[Amended 12-12-2007 by Ord. No. 2007-12; 1-14-2009 by Ord. No. 2009-1; 12-9-2009 by Ord. No. 2009-15]

(c)

Commercial, industrial or other user: a quarterly sewer rental computed on the basis of $4.50 per 1,000 gallons of actual water used, with a minimum quarterly billing for this category of user of $145.

[Amended 12-12-2007 by Ord. No. 2007-12; 1-14-2009 by Ord. No. 2009-1; 12-9-2009 by Ord. No. 2009-15; 12-8-2010 by Ord. No. 2010-7]

(d)

Whenever a commercial establishment is conducted within a dwelling unit and utilizing common plumbing facilities, the sewer rental will be computed as set forth under Subsection A(1)(c) of this section. Where a commercial establishment is conducted within a dwelling unit only as a home occupation, as defined in Chapter 295, Zoning, it shall still require the owner to pay the commercial billing as set forth above. Where a commercial establishment or home occupation utilizes separate plumbing facilities from the residential unit, both a commercial billing under Subsection A(1)(c) of this section and a residential billing under Subsection A(1)(a) of this section will be imposed.

(2)

Home occupation. Whenever a business enterprise is conducted within a dwelling unit, the quarterly sewer rental shall be $145.[1]

[Amended 12-12-2007 by Ord. No. 2007-12; 1-14-2009 by Ord. No. 2009-1; 12-9-2009 by Ord. No. 2009-15]

[1]

Editor's Note: Former Subsection A(3), Commercial, industrial, institutional or other user, which immediately followed this subsection, was repealed 12-12-2007 by Ord. No. 2007-12, 1-14-2009 by Ord. No. 2009-1, and 12-9-2009 by Ord. No. 2009-15.

If use of classification of any property should change within any quarter, the difference in sewer rental, prorated on a monthly basis to the nearest calendar month, will be charged or credited, as the case may be, in the bill for the succeeding quarter.

Other sewer charges. A sewer connection fee and tapping fee are imposed, as established from time to time by the Board of Commissioners, payable at the time a written permit is obtained from the Authority to connect with the sanitary sewer system. This connection fee is the same fee referred to in § 231-30B of these rules.

[Amended 6-8-2005 by Ord. No. 2005-4]

The billing dates of the OEB Sewer Districts are to be changed during the last quarter of 2011 and the first quarter of 2012 to convert the OEB sewer customers to a conventional quarter starting on March 31, 2012. The purpose of this transition is to coordinate and unify the billing practices with respect to all three sewer billing districts within Swatara Township. The Township Administrator is authorized to coordinate with the Business Manager of the Swatara Township Authority to change the billing dates of the OEB District to the conventional quarter starting on March 31, 2012. Specifically, this is to be accomplished by sending an adjusted two-month bill for November and December 2011 covering services for two months only. Thereafter, the Swatara Township Authority shall make such additional billings to OEB sewer customers so as to bring them into coordination with the billing practices then present in the other sewer districts within Swatara Township.

[Amended 11-2-2011 by Ord. No. 2011-9[2]]

[2]

Editor's Note: This ordinance also provided that it would be effective starting with the bills due April 1, 2012.

§ 231-36 Changing or varying rules.

The Township reserves the right to change or amend, from time to time, these rates, rules and regulations in accordance with law.

No officer or employee of the Township or the Authority can vary these rules without action of the Township, and no agent or employee of the Authority can bind it by any agreement or representations except when authorized in writing to do so by an executive officer of the Authority or Township.