[Adopted 12-15-1975 as Ord. No. 75-352]
Unless the context specifically indicates otherwise,
the meaning of terms used in this article and in the regulations adopted
pursuant thereto shall be as follows:
Any structure intended to be used wholly or in part for the
purpose of carrying on a trade, business or profession or for social,
amusement, religious, educational, charitable or public uses.
The normal waterborne household and toilet wastes from residences,
business buildings, institutions and commercial and industrial establishments.
The solid waste from the domestic and commercial preparation,
cooking and disposing of food and from the handling, storage and sale
of produce.
That electric-driven mechanical shredding equipment installed
as part of residential plumbing system or specifically equipped commercial
or industrial system to properly shred garbage prior to its discharge
into the wastewater system.
Any structure intended to be used wholly or in part for the
manufacturing, fabricating, storing or warehousing, processing, cleaning,
laundering or assembling of any product, commodity or article.
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, as distinct from domestic wastewater.
Any individual, partnership, corporation, association, institution,
cooperative enterprise or legal entity.
Any structure intended to be occupied as a whole by one family
or an apartment intended to be occupied by one family, or any other
one-family living unit.
Upper Merion Township, Montgomery County, Pennsylvania.
All facilities operated by the Township for the collection,
treatment and disposal of domestic wastewater and acceptable industrial
wastewater in and for the Township.
That private water company providing water service to the
customer.
There is hereby imposed upon each property located
within the limits of the Township, served by the wastewater system
and having the use thereof, sewer rents or charges, payable as hereinafter
provided, for the use, whether direct or indirect, of the wastewater
system, based on the schedules of classifications and rates hereinafter
set forth.
[Amended 1-18-1982 by Ord. No. 82-429; 2-4-1985 by Ord. No.
85-472; 12-31-1985 by Ord. No. 86-480; 3-18-1991 by Ord. No.
91-588; 2-3-1994 by Ord. No. 94-618; 2-5-2004 by Ord. No.
2004-731; 2-3-2005 by Ord. No. 2005-743; 2-17-2011 by Ord. No.
2011-797; 2-16-2012 by Ord. No. 2012-802; 3-1-2012 by Res. No.
2012-4; 2-21-2013 by Ord. No. 2013-8; 1-23-2014 by Res. No.
2014-4; 3-27-2014 by Res. No. 2014-22; 2-26-2015 by Res. No. 2015-5; 12-6-2018 by Res. No. 2018-64]
Flat rates for classifications other than industrial
and commercial establishments shall be as follows:
|
Customer Classification
|
Rental
(per quarter)
|
|---|---|
|
Each private dwelling or living unit
|
$74.75
|
|
Each firehouse or municipal building
|
$74.75
|
|
Each church
|
$74.75
|
[Added 12-8-2005 by Ord. No. 2005-751; amended 2-17-2011 by Ord. No. 2011-797; 2-16-2012 by Ord. No. 2012-802; 3-1-2012 by Res. No. 2012-4; 2-21-2013 by Ord. No. 2013-8; 1-23-2014 by Res. No.
2014-4; 3-27-2014 by Res. No. 2014-22; 2-26-2015 by Res. No. 2015-5; 12-6-2018 by Res. No. 2018-64]
Beginning January 1, 2015, any residential property transferred in accordance with the Upper Merion Township Code, Chapter 130, Real Estate Registry, will be reclassified to the residential flat rate that is in effect at the current time.
[Added 11-6-2008 by Ord. No. 2008-774; amended 2-17-2011 by Ord. No. 2011-797; 2-16-2012 by Ord. No.
2012-802; 2-21-2013 by Ord. No. 2013-8; 1-23-2014 by Res. No.
2014-4; 3-27-2014 by Res. No. 2014-22; 2-26-2015 by Res. No. 2015-5; 12-6-2018 by Res. No. 2018-64]
Once a quarterly sewer rate of $74.75 is established,
the rate shall not be lowered.
[Amended 1-18-1992 by Ord. No. 82-429; 2-4-1985 by Ord. No. 85-472; 12-31-1985 by Ord. No. 86-840; 3-18-1991 by Ord. No. 91-588; 2-3-1994 by Ord. No. 94-618; 10-7-1999 by Ord. No.
99-693;2-5-2004 by Ord. No. 2004-731; 2-3-2005 by Ord. No.
2005-743; 2-17-2011 by Ord. No. 2011-797; 2-16-2012 by Ord. No.
2012-802; 3-1-2012 by Res. No. 2012-4; 2-21-2013 by Ord. No.
2013-8; 1-23-2014 by Res. No. 2014-4; 3-27-2014 by Res. No.
2014-22; 2-26-2015 by Res. No. 2015-5; 12-6-2018 by Res. No. 2018-64]
Meter rates for industrial and commercial establishments
shall be as follows:
A.
Meter rates: Except for those customer classifications enumerated in § 133-24 hereof, the quarterly sewer rents or charges shall be based on the quantity of water used, as evidenced by readings of water meters installed by the water company providing service to a property and such other meters or measuring devices as may be installed and shall be subject to minimum charges hereinafter provided, as follows:
|
Quantity of Water Used
(gallons per quarter)
|
Quarterly Rate
(per thousand gallons)
|
|---|---|
|
From 0 to 20,000
|
$5.60
|
|
Next 80,000
|
$3.65
|
|
All over 100,000
|
$2.95
|
B.
Minimum rates. Regardless of water consumption, the
minimum charge for domestic wastewater from industrial and commercial
establishments (other than churches) shall not be less than the respective
amounts set forth in the following schedule:
(1)
Public or private school: $8.20 per year per pupil,
based upon the daily average number of pupils enrolled on days when
the school was in session during the full school term immediately
preceding the date of each quarterly bill. Teachers and employees
shall be classified as pupils for sewer rental purposes.
(2)
Institutions: $30.25 per quarter per patient, based
upon the daily average number of patients for the full quarter immediately
preceding the date of each quarterly bill. Guests and employees shall
be classified as patients for sewer rental purposes.
(3)
Retail gas stations: $143.10 per quarter.
(4)
Motels and hotels: $30.25 per quarter per bedroom.
(a)
Hotel suites/nursing unit (3/4 of an EDU): $45.50
per quarter per hotel suite.
(5)
Commercial establishments (not listed in preceding
sections) not regularly dispensing food or beverages for consumption
on the premises: $6.80 per quarter per employee, plus $74.75 per quarter
for each public restroom. Minimum charge: $74.75 per quarter.
(6)
Restaurants, bar rooms, taverns, drive-ins or other
commercial establishments (not listed in preceding sections) which
regularly dispense food or beverages: $6.80 per quarter per employee,
plus $8.40 per quarter for each seat regularly intended for customer
use. Minimum charge: $143.10. When facilities are irregularly used,
such as banquet rooms, the owner and/or lessee of such facilities
shall furnish a record quarterly to the Township, indicating the total
number of seats occupied for each occasion during the last quarter.
The following rates shall apply to such use: $15.70 per quarter per
100 seat occupancies.
(7)
Industrial establishments: $6.80 per quarter per employee
(based upon the average number of employees for the quarter immediately
preceding the quarter being billed), plus $3.25 per quarter for each
seat regularly intended for use by employees in company cafeterias
or other regular food dispensing area with a full kitchen to prepare
foods on the site.
(8)
Multiple use: In case of a combination of one or more
commercial or business establishments in one building when each establishment
has the use of the sewer system through one sewer connection, then
each such commercial or business establishment shall be charged the
foregoing rates as though each establishment were in a separate structure
and as though each establishment had a direct and separate connection
to the sewer system.
The Township reserves the right to refuse a
proposed combination to its wastewater system for the discharge of
industrial wastes which will prejudicially affect its wastewater system
or its functioning or the processes of wastewater treatment.
If the use or 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, on the bill for the succeeding
quarter. Additional classifications and additional sewer rentals may
be established by the Township from time to time.
[Amended 3-4-2010 by Ord. No. 2010-788]
A.
Residential properties. Sewer rentals or charges shall be paid semiannually, and semiannual billings for sewer rentals shall be made by bills dated on the first days of January and July of each year for the semiannual calendar period immediately preceding the date of the bill. The bills for sewer rentals under § 133-24, for the first period during which the property is connected, will be prorated on the basis of the period rate. All bills shall be due and payable on their respective dates.
B.
Commercial and industrial establishments: Sewer rentals or charges shall be paid quarterly, and quarterly billings for sewer rentals shall be made by bills dated, on the first days of March, June, September and December of each year for the quarterly calendar period immediately preceding the date of the bill. The bills for sewer rentals under § 133-25A, B and C, for the first quarter during which a property is connected, will be prorated on the basis of the quarterly rate. All bills shall be due and payable on their respective dates.
A.
Pursuant to authority set forth in the Municipal Claims and Tax Liens
Act, being the Act of May 6, 1923, P.L. 207, as amended, 53 P.S. § 7101
et seq., residential sewer rentals assessed pursuant to this article
shall be due and payable on the date set forth on the quarterly bills.
Commercial/industrial sewer rentals assessed pursuant to this article
shall be due and payable on the date set forth on the quarterly bills.
If the same are not paid on said date, a penalty of 10% of the amount
due shall be added thereto, plus interest at the rate of 10% per annum
from the date of the filing of any lien for said municipal sewer claim
until payment.
[Amended 7-20-1992 by Ord. No. 92-598; 3-4-2010 by Ord. No.
2010-788; 9-20-2012 by Ord. No. 2012-807; 2-26-2015 by Res. No. 2015-5]
(1)
Pursuant to the Municipal Claims and Tax Liens Act, the Township will impose attorneys' fees, including lien and lien satisfaction fees, on the collection of delinquent accounts upon the delinquent property owner or customer at such rates as are listed in Chapter A173, Fees, of the Upper Merion Township Code, as amended. Any authorized actions taken by the Township Solicitor in the collection of a delinquent account not to be detailed in Chapter A173 shall be charged against the delinquent account at the Solicitor's then-current hourly rate charged to the Township. Additionally, the Township will impose such other fees on the collection of delinquent accounts permissible by law and as are listed in Chapter A173, Fees, of the Upper Merion Township Code, as amended, incurred by the Township in the collection of such delinquent accounts.
B.
All persons connected to the wastewater system must
give the Township their correct address. Failure to receive bills
will not be considered an excuse for nonpayment nor permit an extension
of the period during which bills are payable at face.
C.
All unpaid sewer bills, together with any penalty
and interest due thereon, shall be delinquent. All delinquent wastewater
rentals and all penalties thereon shall be a lien against such property
in the office of the Prothonotary of Montgomery County and shall be
collected in the manner provided by law for the filing and collection
of such liens.
The funds received by the Township from the
collection of the connection charges and from wastewater sewer rentals
and charges and all penalties thereon as herein provided for and any
fines collected by the Township in connection with the wastewater
system shall be segregated, earmarked and deposited in a separate
fund to be designated "Sewer Revenue Account" and shall be used only
for the purpose of defraying the expenses of the Township in the operation,
maintenance and repair of the wastewater system or other expenses
in relation to such wastewater system and for such payment as the
Township may be required to make under any lease or agreement it may
enter into for and of or in connection with said wastewater system
with the Authority in connection with the provisions of the Act of
May 2, 1945, P.L. 382, as amended.[1]
[1]
Editor's Note: See the Municipality Authorities
Act of 1945, 53 P.S. § 301 et seq.
The Board of Supervisors shall adopt, revise,
amend and readopt such rules and regulations as it deems necessary
and proper for the use and operation of the wastewater system, and
all such rules and regulations shall be and become a part of this
article.
[1]
Editor's Note: Former § 133-32, Violations and Penalties,
as amended, was repealed 9-20-2012 by Ord. No. 2012-807.
The provisions of Ordinance No. 71-270, enacted
March 8, 1971, and all amendments thereto, being Ordinance Nos. 71-280,
73-305 and 73-310, are hereby repealed in their entirety by the passage
of this article.
