All owners of property connected or connecting with the sewer
lines and the public sewage system, and all of the owners of property
who may hereafter connect with and use the same, shall pay annual
sewer rentals and charges in quarterly installments for the use of
such sewage facilities in accordance with the schedule of rates and
charges as set by resolution of the Board of Supervisors from time
to time.
A.
Sewer rental charges, additional charges, tapping fees and connection
fees.
(1)
Sewer rental charges and other fees shall be imposed upon and collected
from each owner of improved property for all use of the public sewage
system, whether direct or indirect. All sewer rental charges shall
be computed by or at the direction of the Township, as follows: the
total operation and maintenance costs and debt service costs, per
annum, divided by the number of EDUs discharging to the public sewage
system at the commencement of such year; or by establishment of a
sewer rental charge at a lesser amount per annum. In no case shall
sewer rental charges exceed such computation. Sewer rental charges
and other fees shall begin to accrue and take effect upon the earlier
of a) the connection date of an improved property to the public sewage
system, or b) the date of issuance of the connection permit, except
as hereinafter noted.
(2)
Notwithstanding the foregoing, individual residential properties
shall begin paying sewer rental fees as follows:
(a)
For existing homes: the earlier of: i) the date of connection,
or ii) the date the home is required to be connected by the Township.
(b)
For new construction: the earliest of: i) the date the home
is occupied, ii) the date of settlement on the purchase of the property,
iii) the date of connection, or iv) the date the Township requires
the home to be connected.
(3)
In order to prevent public subsidization of developers who have purchased
capacity permits but have not constructed the intended units in their
development, such that the units generate no annual sewer rental for
the Township, a charge is hereby imposed annually on all EDUs purchased
by developers for units that have not been connected to the public
sewage system within 12 months of the purchase of such capacity. The
annual charge per EDU shall be established by resolution of the Board
of Supervisors from time to time. This charge shall be due and payable
during the life of the capacity permit until the later of i) the issuance
of a connection permit for such unit, ii) the expiration of the capacity
permit, or iii) if the unit is resold by the Township at the developer's
request, as otherwise provided for herein. This charge shall be paid
to the Township by the developer at the time of capacity permit renewal.
If the charge is not paid within 30 days of its due date, the permit
shall be terminated, except for permits that have been tendered to
the Township for resale, in which event the Township shall annually
deduct this charge from the amount of refund due to the developer
upon resale of the capacity as provided for elsewhere herein. The
charge herein imposed shall be prorated during the fiscal year of
connection, so the developer shall be credited 1/4 of that year's
charge for each Township billing quarter remaining in the fiscal year
after the connection.
(4)
Basic sewer rental charges. The basic sewer rental charge for industrial
waste shall be based upon metered consumption of water. Water consumption
shall be determined in gallons per quarter-annual period, by water
meter readings, adjusted water consumption or sewer meter readings.
The basic sewer rental charge for industrial waste (other than any
additional charges imposed for industrial waste as provided hereinafter)
shall be computed by multiplying the metered gallonage consumption
by the gallonage sewer rental charge established by the Township from
time to time, but in no event shall any unit be charged for less than
17,500 gallons per quarter-annual period. The basic sewer rental charge
for domestic sewage of residential customers shall be a flat charge
per annum, as determined by the Township from time to time, and paid
quarter-annually by the customer. This domestic sewer rental charge
shall be irrespective of actual metered consumption.
(5)
The Township may adopt additional charges and fees, including but
not limited to:
(a)
Fees for reimbursement of all costs and expenses incurred by
the Township in the installation and operation of a pretreatment program
for industrial users;
(b)
Fees for monitoring, inspection and surveillance procedures;
(c)
Fees for reviewing accidental discharge procedures and construction;
(d)
Fees for the application, granting and renewal of permits, including
but not limited to a capacity permit and a connection permit;
(e)
Fees for filing appeals;
(f)
Fees for administrative hearings;
(g)
Fees for capital costs recovery for private improvement;
(h)
Fees for removal of pollutants otherwise subject to the Federal
Pretreatment Standards;
(i)
Fees for treatment of extra-strength wastewater, including but
not limited to additional fees for the treatment of industrial waste;
(j)
Plumber's license fees;
(k)
Connection fees which are defined as all costs and expenses
incurred to construct a lateral from the sewer main to the property
line of an improved property;
(l)
Fees for administration, legal, laboratory and engineering costs
incurred in evaluating, monitoring, inspecting and penalizing any
given commercial or industrial user;
(m)
A customer facilities fee; and
(n)
Other fees the Township deems necessary to carry out the requirements
contained herein.
(6)
Industrial waste charges and additional charges for nondomestric
industrial waste. Industrial waste may be stronger and more difficult
to treat than domestic sewage; therefore, a sewer rental charge, in
addition to the basic sewer rental charge hereinbefore provided, shall
be assessed in accordance with the following formula:
(a)
For wastes which exceed the average monthly limitations for
BOD5 and/or total suspended solids set by the Township, a strength
of waste surcharge equal to 20% of the applicable volume charge shall
be charged in addition to the volume charge for each 100 mg/l or part
thereof which exceeds the limitation.
(b)
Pollutants and toxic wastes can be stronger and more dangerous
than domestic sewage; therefore, a sewer rental charge, in addition
to the basic sewer rental charge and the applicable industrial waste
supplemental sewer rate set forth herein, shall be assessed for the
collection and treatment of pollutants and toxic wastes discharged
into the public sewage system, either singularly or in combination
with any other waste. This additional charge shall be in accordance
with rate schedules adopted from time to time by the Township. In
the event pollutants and/or toxic wastes are combined, mixed, integrated
with, or in any other manner form a part of any other type of waste
or discharge, this surcharge for toxic waste and pollutants shall
be assessed upon the total gross quantity of the discharge containing
such toxic waste and pollutants.
Sewer rentals or charges shall be paid quarter-annually in accordance
with billings for sewage services, except that during the first quarter-annual
period a residential, commercial or industrial user begins to discharge
sewage into the public sewage system, said charge shall be based on
a per diem amount prorated from the time such sewer connection is
made until the next following quarter-annual billing period. All charges
for sewage service shall be subject to a ten-percent penalty if not
paid in full within 30 days of the due date thereof. If such charges
are not paid in full within 60 days of the due date thereof, the net
bill plus the penalty shall bear interest at the rate of 1/2% per
month or fraction thereof until paid.
Annual sewer rental charges shall constitute a lien on the property
charged with payment thereof, from the effective date of this part,
and, if not paid in full within 30 days after written notice thereof,
may be collected in any manner provided by law. In the event the Township
has agreed to provide sewer service to a residential dwelling unit
in which the owner of such residential unit does not reside, the Township
shall notify the owner and the tenant within 30 days after the tenant's
bill for that service first becomes overdue. Such notifications shall
be provided by first-class mail to the address of the owner provided
to the Township by the owner and to the billing address of the tenant,
respectively.
The Township is hereby authorized to impose penalties and fines
for noncompliance by any person with its rules and regulations. Additionally,
the Township is authorized to: a) deny any person the right to work
on the system, b) deny service to any person, and c) terminate service
to any person for failure to comply with its rules and regulations
and this part. The Township shall be entitled to exercise its police
powers for purposes of enforcement of this part.
Any person who shall violate any provision of this part shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$1,000 and, in default of payment thereof, to imprisonment for a term
not to exceed 30 days. Each day that a violation of this part continues
shall constitute a separate offense. Enforcement shall be by action
brought before a District Justice in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure.
A.
Illegal discharge of sewage. Anyone who discharges sewage, industrial
waste or waste into the public sewage system contrary to the provisions
herein, or any federal or state pretreatment requirement, or any order
of the Township, or who shall fail to have work inspected and approved
by the Township as required herein, shall be considered in violation
of this part and shall be subject to the penalties set forth herein.
B.
Failure to make proper connection. Each improved property situated
within the Township and within 150 feet of the public sewage system
shall be properly connected with the public sewage system after expiration
of the sixty-day notice given by the Township to the owner of such
property; each owner of improved property who violates this section
shall be subject to the penalties set forth herein.
C.
Failure to comply. Failure by any person to comply with this part
or any permit or order issued pursuant hereto shall constitute a violation
hereunder.
D.
Suspension of industrial user permit. The Township may suspend the
industrial user permit and/or wastewater treatment service of any
industrial user if, in the opinion of the Township, suspension is
necessary to prevent a discharge which: 1) presents or may present
imminent and substantial danger to the health or welfare of persons
or the environment, 2) causes or may cause interference with the treatment
plant, or 3) causes or may cause the Township to violate any condition
of its operating permit. Any person notified of a suspension of wastewater
treatment service or an industrial user permit shall immediately cease
and eliminate all contribution. If a person fails to voluntarily comply
with a suspension order, the Township may take all necessary action,
including immediate severance of the sewer connection, to prevent
or minimize damage to the public sewage system and/or endangerment
to any individual. The Township shall reinstate the industrial user
permit and/or wastewater treatment service upon proof of elimination
of the noncomplying discharge. A detailed written statement describing
the causes of the harmful contribution and the measures taken to prevent
similar future occurrences shall be submitted by the user to the Township
within 15 days of the date of occurrence thereof.
E.
Permit suspension. The Township may suspend wastewater treatment
service and/or the treatment permit of any user for any violation
of this part or any permit, license, agreement or order issued hereunder.
Each such suspension shall be preceded by a notice of suspension and
shall be subject to appeal in accordance with the provisions set forth
herein.
(1)
If the Township determines that a violation of any permit, license,
agreement or order issued hereunder is occurring and said violation:
a) creates or may create an imminent danger to the health or welfare
of individuals, b) threatens or may threaten to interfere with the
operation of the public sewage system, or c) constitutes or may constitute
an endangerment to the environment, the Township shall direct that
the suspension be carried out subsequent to notice but prior to any
appeal in accordance with the provisions set forth herein.
(2)
In the event a user fails to comply with a notice of suspension and
fails to appeal said order, in accordance with the provisions for
appeal as set forth herein, the Township shall terminate service to
such user, which termination shall be subject to appeal as hereinafter
set forth.
F.
Permit revocation. Any user who violates the conditions of this section
or any applicable state and federal regulation shall be subject to
revocation of its permit. Violations of the conditions of this section
include but shall not be limited to:
(1)
Failure of a user to accurately report the wastewater constituents
and characteristics of its discharge;
(2)
Failure of the user to promptly and accurately report, in advance,
significant changes in operations or wastewater constituents and characteristics;
(3)
Refusal of access to the user's premises for the purpose of inspection
or monitoring;
(4)
Violation of any condition of a permit;
(5)
Misrepresentation or failure to fully disclose all relevant facts
in the industrial user permit application;
(6)
Falsifying a self-monitoring report;
(7)
Tampering with monitoring equipment;
(8)
Failure to pay in full all applicable fees, charges, rents and fines;
(9)
Failure to meet compliance schedules.
The Township is specifically authorized to enforce the provisions
of the Solid Waste Management Act (1980, July 7, P.L. 380, No. 97)[1] in accordance with the enforcement provisions contained
therein for municipalities.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
Any person who knowingly makes any false statement, representation
or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to the Township's
rules and regulations, or who falsifies, tampers with or knowingly
renders inaccurate any monitoring device or method required pursuant
to the Township's rules and regulations, shall be prosecuted in accordance
with the laws of the Commonwealth of Pennsylvania for submitting false
reports to authorities, together with any and all other criminal penalties
applicable to such conduct, and to that end the Township is hereby
authorized to commence enforcement for such violation in accordance
with any and all procedures authorized by law.
Fines and costs imposed pursuant to the provisions of this part
shall be enforceable and recoverable in the manner and at the times
provided by applicable law.
Any discharge to the public sewage system in contravention of
this part, the Township's rules and regulations, any permit issued
by the Township or any other applicable federal or state law, rule
or regulation is hereby declared to be a public nuisance which the
Township may, after notice, declare to be a nuisance and prosecute
as authorized herein or by any other applicable statute, law, rule
or regulation, including but not limited to the Pennsylvania Water
Pollution Control Act, 35 P.S. § 691.1 et seq.
