A.
The Authority has determined and there are hereby
fixed and imposed upon and shall be collected from the owner of each
property or bulk discharger or metered discharger served by the sewer
system and having the use thereof, whether direct or indirect, sewer
rentals and charges based upon the schedules or classifications as
hereinafter set forth in Appendixes BC and BD.
B.
The Authority has determined and there are hereby
fixed and imposed upon and shall be collected from the owner of each
property or bulk discharger or metered discharger served by the Manheim
Township sewer system and having the use thereof, whether direct or
indirect, sewer rentals and charges based upon the schedules or classifications
as hereinafter set forth in Appendixes BC and BD.
A.
Quarterly flat rates. Refer to Appendix BC for the schedule of rates and charges applicable to each classification subject to the quarterly flat rate. All rates imposed under this § 30-12 shall be billed on the fifth day of the month and shall be due and payable not later than the 25th day of the same month.
B.
Each quarterly bill shall be for sewer service to
be rendered during the quarter in which the service shall be rendered.
C.
Monthly flat rates. The owner of a property subject
to the flat rate charge has the option to remain on a monthly billing
schedule by requesting and filing the proper authorization agreement
to direct debit a checking, savings or other type of account from
a financial institution with which they maintain an active account.
(1)
Refer to Appendix BC for the schedule of rates and charges applicable to each classification subject to the monthly flat rate. All rates imposed under this § 30-12 shall be billed on the fifth day of the month and shall be due and payable not later than the 25th day of the same month.
(2)
Each monthly bill shall be for sewer service to be
rendered during the month in which the service shall be rendered.
D.
Quarterly flat rates for Manheim Township Sewer District.
Refer to Appendix BC for the schedule of rates and charges in the
sewer district applicable to each classification subject to the quarterly
flat rate.
A.
LASA metered rates.
(1)
The quarterly sewer rents or charges for all commercial
or industrial establishments, day schools and recreational camping
grounds, including without limitation, retail gas stations with or
without car washing facilities, laundromats, bowling alleys, motel
and hotel units, restaurants, bars, grocery stores, drugstores or
pharmacies, nursing homes, full-service senior facilities, country
and private clubs, photo-finishers, swimming pools, hospitals, retail
stores, beauty shops, barbershops, funeral homes, financial institutions,
office buildings, theaters, dry cleaners, coin-operated car washes
and bakeries, and other commercial or industrial establishments and
metered dischargers shall be based on the estimated volume or quantity
of water to be used as determined by the Authority. If water or sewer
meters are read on a quarterly basis, sewer rentals and charges shall
be based on the volume or quantity of water used as evidenced by meter
readings. In the event the volume or quantity of water used is estimated,
subsequent quarterly bills shall be adjusted in accordance with meter
readings taken subsequent to the billing date in question.
(2)
Refer to Appendix BD for the schedule of rates and charges for customers covered by metered rates set forth in this § 30-13.
B.
Manheim Township Sewer District metered rates.
(1)
The quarterly sewer rents and charges for all commercial or industrial establishments, day schools and recreational camping grounds, including without limitation, retail gas stations with or without car washing facilities, laundromats, bowling alleys, motel and hotel units, restaurants, bars, grocery stores, drugstores or pharmacies, nursing homes, full-service senior facilities, country and private clubs, photo-finishers, swimming pools, hospitals, retail stores, beauty shops, barbershops, funeral homes, financial institutions, office buildings, theaters, dry cleaners, coin-operated car washes and bakeries, and other commercial or industrial establishments and metered dischargers within the Manheim Township Sewer District shall be based on the estimated volume or quantity of water to be used as determined by the Authority. If water or sewer meters are read on a quarterly basis, sewer rentals and charges shall be based on the volume or quantity of water used as evidenced by meter readings. In the event the volume or quantity of water used is estimated, subsequent quarterly bills shall be adjusted in accordance with meter readings taken subsequent to the billing date in question. Refer to Appendix BD for the schedule of rates and charges for customers covered by metered rates set forth in this § 30-13.
C.
Deduct meters. Any metered discharger who is billed
under this chapter shall be permitted to have the volume or quantity
of water used (as evidenced by meter readings) reduced by the amount
of water flow that is not discharged into the Authority's sewer system,
provided that the customer provides a suitable deduct meter for such
purpose. For the purposes of determining water usage to be used for
billing, metered dischargers will have their total water usage reduced
by the flow reading from all deduct meters installed within their
facilities.
[Amended 1-26-2012 by Res. No. 12-01-003]
A.
Regular surcharge:
(1)
Whenever the Authority consents to accept industrial waste into the
sewer system which has total suspended solids (SS) in excess of 250
milligrams per liter (mg/l), total biochemical oxygen demand (BOD)
in excess of 250 milligrams per liter, total phosphorous (TP) in excess
of 12 mg/l, and/or total nitrogen (TN) in excess of 40 mg/l, the following
surcharge shall be applicable for BOD in excess of 250 mg/l, SS in
excess of 250 mg/l, TP in excess of 12 mg/l, and/or TN in excess of
40 mg/l.
(2)
The surcharge shall be computed in accordance with the following
formulas:
(a)
Calculation for conversion of mg/l to pounds.
F
|
=
|
(A x 0.000001) x (B) x 8.34
| |
G
|
=
|
(A x 0.000001) x (C) x 8.34
| |
H
|
=
|
(A x 0.000001) x (D) x 8.34
| |
I
|
=
|
(A x 0.000001) x (E) x 8.34
|
Where:
| |||
A
|
=
|
Discharge gallons per month
| |
B
|
=
|
Reported BOD
Less than or equal to 2,000 mg/l: 250.
If less than 250 mg/l: B = 0.
| |
C
|
=
|
Reported SS
Less than or equal to 2,000 mg/l: 250
If less than 250 mg/l: C = O.
| |
D
|
=
|
Reported TP
If less than 12 mg/l: D = 0
| |
E
|
=
|
Reported TN
If less than 40 mg/l: E = 0
| |
F
|
=
|
Excess pounds of BOD
| |
G
|
=
|
Excess pounds of suspended solids
| |
H
|
=
|
Excess pounds of phosphorous
| |
I
|
=
|
Excess pounds of nitrogen
| |
8.34
|
=
|
A constant to convert 1 gallon of water to pounds of water
|
(b)
Calculation of cost per pound for BOD, SS, TP, and/or TN treatment.
Refer to Appendix BE for the calculation of the yearly audited operating
cost directly related to the treatment of BOD, SS, TP, and/or TN.
The rate will be subject to yearly adjustment based upon the audited
yearly cost of operation for the previous fiscal year ending March
31. This adjustment will take effect with the acceptance and approval
by the Board for the Authority, of the fiscal year ending audit as
prepared by the Authority's auditors, in the month that it is approved.
J
|
=
|
Cost per pound for yearly operating cost directly related to
treatment of BOD
| |
K
|
=
|
Cost per pound for yearly operating cost directly related to
treatment of SS
| |
L
|
=
|
Cost per pound for yearly operating cost directly related to
treatment of TP
| |
M
|
=
|
Cost per pound for yearly operating cost directly related to
treatment of TN
|
(c)
Surcharge calculation.
N
|
=
|
J x F
| |
O
|
=
|
K x G
| |
P
|
=
|
L x H
| |
Q
|
=
|
M x I
| |
Surcharge = N + O + P + Q
| |||
N
|
=
|
Surcharge for excess BOD
| |
O
|
=
|
Surcharge for excess SS
| |
P
|
=
|
Surcharge for excess TP
| |
Q
|
=
|
Surcharge for excess TN
|
B.
Additional surcharge calculation:
(1)
Whenever the Authority consents to accept industrial waste into the
sewer system which has total suspended solids in excess of 2,000 mg/l
and/or total biochemical oxygen demand in excess of 2,000 mg/l, an
additional surcharge will be applied. The additional surcharge will
be computed as follows:
R
|
=
|
(A x 0.000001) x (S) x 8.34
| |
T
|
=
|
R x J x 3
| |
U
|
=
|
(A x 0.000001) x (V) x 8.34 W = U x K x 3
| |
Where:
| |||
A
|
=
|
Discharge gallons per month
| |
R
|
=
|
Additional pounds BOD
| |
S
|
=
|
Reported BOD—2,000
| |
T
|
=
|
Additional surcharge for BOD
| |
U
|
=
|
Additional pounds SS
| |
V
|
=
|
Reported SS — 2,000
| |
W
|
=
|
Additional surcharge for SS
|
(2)
The additional surcharge will be added to the normal surcharge to
arrive at the total industrial waste surcharge bill.
C.
Measurement of concentration of wastewater:
(1)
Wastewater being discharged into the sewer system shall be subject
to sampling and inspection to be used as a basis for determining the
surcharge due to excessive concentrations of BOD, total suspended
solids, total phosphorous, and/or total nitrogen, and also as a basis
for evaluating compliance with any other Authority rule, regulation,
permit condition, pretreatment requirement, prohibited discharge or
any EPA or DEP pretreatment standard or pretreatment requirement.
All measurements, tests and analyses of the characteristics of wastewater,
including sewage and industrial wastewater, shall be determined by
a laboratory that the Authority determines is qualified to perform
such measurements, tests and analyses.
(2)
The cost of all sampling and testing shall be borne by the respective
user. Refer to Appendix BG for the schedule of rates, charges, and
fees for sampling and testing of wastewater.
(3)
For the purpose of determining strength of waste surcharge, the user
may request that multiple samples be taken for a given billing period.
The cost of taking these samples and making the analyses shall be
borne by the user. Whenever multiple samples are obtained during a
given billing period, the concentrations for BOD, total suspended
solids, total phosphorous, and total nitrogen shall be totaled and
divided by the number of samples taken to derive an average for each.
These averages will then be utilized in the computation of the strength
of waste surcharge for that billing period.
A.
In case of a combination of one or more private dwellings or living units with one or more commercial or industrial establishments or the combination of commercial with industrial establishments in one building or structure, each such unit having the use of the sewer system through one sewer connection, then the sewer rental and charges shall be based upon the metered rates contained in § 30-13 subject to the provisions of Subsections B, C and D below.
B.
Where a single building or structure contains a multipurpose
commercial or industrial use and each unit and establishment has its
own separate connection to the sewer system, then the rentals and
charges shall be based on each separate connection as if each unit
and establishment were located in a separate structure.
C.
Where a building or structure is determined by the Authority's Executive Director to be predominately residential in character, then the sewer rentals and charges shall be based upon the flat rates contained in § 30-12.
D.
Any decision made by the Authority's Executive Director
under this chapter may be appealed to the Board of the Authority.
All such appeals must be in writing, state the reason for the appeal,
state whether a hearing is desired and identify the owner and the
property involved. The written appeal must be received by the Authority
at its main office within 30 days from the date the owner, or anyone
acting on his behalf, is given notice of the Executive Director's
decision. Failure to comply with these requirements and time limits
shall be deemed a waiver of the owner's right to appeal and in such
event the decision of the Executive Director shall be binding and
conclusive.
A.
Methods of measuring volume or quantity.
(1)
Whenever a person purchasing all water used from the
water supplier discharges sanitary sewage and/or industrial waste
into the sewer system, the volume of water used, as determined from
meter readings made by, or made available to, the Authority, shall
be used in computing the sewer rental.
(2)
In cases where persons have sources of water supply
in addition to or other than, from the water supplier and discharge
sanitary sewage and/or industrial waste into the sewer system, the
owner shall furnish, install and maintain, at his or her own cost
and expense, a meter on such additional or other source of supply.
The total amount of water used as shown by these meter readings will
be used in computing the sewer rentals.
(3)
In cases where persons use water from the water supplier
and/or from any other source and all or any part of the water so used
is not discharged into the sewer system, the quantity of water used
to determine the sewer rentals shall be computed by one of the following
methods:
(a)
Method No. 1. By placing a meter or measuring
device on the sewer connection. The readings from this meter or measuring
device shall be used in computing the sewer rentals.
(b)
Method No. 2. By placing a meter or measuring
device on the effluent or wastewater not discharging into the sewer
system. The reading from this meter or measuring device will then
be deducted from the total water meter readings and the remainder
will be used in computing the sewer rentals.
(c)
Method No. 3. When in the opinion of the Executive
Director it is not desirable or not practical to install devices to
continuously determine the quantity of water discharged or not discharged
to the sewer system, the Executive Director will determine, in such
manner and by such method as he may prescribe, the percentage of metered
water or waste discharged into the sewer system and the quantity of
water used to compute the sewer rentals shall be the percentage so
determined of the appropriate sewer rental in any other manner which
he may deem appropriate; provided, however, that any sewer rental
established by this Method No. 3 shall be reasonable in light of sewer
rentals determined by other methods established hereunder. Any dispute
as to the estimated amount shall be submitted to the Authority after
notice of the estimate, whose decision on the matter shall be final
for the current calendar year.
B.
Measuring devices. All water supply meters or water
supply measuring devices not provided by the municipal water supplier
but otherwise used under the provision of these Regulations shall
be furnished by the owner, at his or her own cost and expense. All
meters shall be equipped with a touch pad remote device that is compatible
with Authority-owned reading equipment. The touch pad remote device
shall be located on an exterior surface of the building in a location
that is safely accessible to Authority personnel at all times without
the need to obtain access assistance from the owner or the owner’s
employees. The owner shall be responsible for maintenance and safekeeping
of all metering equipment and measuring devices, and all repairs shall
be made in a timely fashion by the owner at the owner’s expense.
[Amended 5-23-2013 by Res. No. 13-05-001]
C.
Meter reading; estimated bills.
(1)
The Authority shall be responsible for the reading
of all meters or measuring devices, unless such readings are otherwise
made available to the Authority by the water supplier, and such meters
shall be made available to Authority employees for meter reading at
any reasonable time.
(2)
Whenever sewer service rents and charges are imposed on a water-consumption basis, the monthly billing will be estimated based on prior water usage. Adjustments to subsequent bills, if necessary, will be made based on the actual amount of water consumed during the month as determined by the water supplier meter readings or, in the case of meters or measuring devices installed pursuant to Subsections A and B above, by the Authority's meter readings. The procedure for estimating bills making subsequent adjustments based on actual meter readings shall be determined by the Authority's Executive Director.
D.
Deduct
meters. In the case where a customer supplies a meter to measure a
portion of the water that should be deducted from the sewer user bills
because the water does not enter the sewer system, that meter shall
meet all of the same meter requirements for the measuring devices
described in these Rules and Regulations. The Authority may establish
a fee for the reading of deduct meters.
[Added 5-23-2013 by Res.
No. 13-05-001]
If use or classification of any property should
change within a month, the difference in sewer rental, prorated on
a monthly basis, will be charged or credited, as the case may be,
on the bill for the succeeding month. Additional classifications and
additional sewer rentals may be established by the Authority from
time to time.
Sewer rentals or charges shall be paid monthly/quarterly.
All bills shall be due and payable not later than the 25th of the
month for and in which the bill was rendered. Owners shall be subject
to all applicable sewer rentals and charges when connection is made
to the sewer system. This section shall become effective and be in
force as of April 1, 2006.
A.
Monthly/quarterly charges for sewer service shall
be subject to penalty of 10% if not paid when due. If not paid within
30 days after becoming due, the bill shall bear interest from the
due date at the rate of 1/2% per month or fraction thereof until paid.
The Authority shall have the right but not the duty to cut off sewer
service or direct the water service provider to cut off water service
from any delinquent premises, and not to restore the same until all
delinquent bills against the same and the cost of cutting off sewer
or water service and restoring sewer or water service shall be paid.
[Amended 7-24-2014 by Res. No. 14-07-001]
B.
All persons connected to the sewer system must give
the Authority their correct address. Failure to receive bills will
not be considered an excuse for the nonpayment nor permit extension
of the period during which bills are payable at face.
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 and
interest thereon, not paid when due shall be deemed delinquent. All
delinquent sewer rentals and all penalties and interest 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 Lancaster County
and shall be collected in the manner provided by law for the filing
and collection of such liens.
E.
The Pennsylvania General Assembly passed legislation
know as Act 1 of 1996 ("Act 1") which amends the Municipal Lien Law
to allow Authorities to include reasonable attorneys' fees in the
amount of a Municipal Lien Claim.
F.
The Authority has approved a schedule of attorney's
fees pursuant to Act 1. Refer to the schedule in Appendix BF.
G.
At least 30 days prior to assessing or imposing attorney's
fees in connection with the collection of a delinquent account, the
Authority will mail to the owner notice that the Authority intends
to impose or assess attorney's fees. Said notice will include instructions
on how the owner may avoid the payment of attorneys' fees.
H.
The Authority shall impose upon all customers and/or
persons making payment for rentals, charges or fees a charge listed
in Appendix BH for a returned check from a bank or financial institution
due to nonsufficient funds ("NSF"), closed account, stop payment or
other reason deemed appropriate by the aforesaid institution. The
charges will be reinstated to the customer and/or person's account,
subject to appropriate late fees and/or penalties, and the fee listed
in Appendix BH will be added. This fee will be recovered first, upon
receipt of payment, prior to application of the balance of payment
to all other charges.
A.
The rates and charges established by these Regulations
shall be paid by the owner of each such property served by the sewer
system in accordance with the terms enumerated herein. An error in
billing made by the Authority shall not be a defense for the failure
to pay the established rate and charges.
B.
Whenever the rates and charges herein are based on
a metered basis, and a meter fails to properly function so that the
volume of water used is not accurately recorded, the Executive Director
may, in his discretion, compute the monthly bill to be paid by the
owner of the property effected based on an average of water consumed
prior to the malfunction of the meter, or based on any other reasonable
method of computation.
[1]
Editor's Note: Former § 30-21, Electronic payment
fees, added 12-20-2007 by Res. No. 07-12-004, was removed pursuant
to Res. No. 16-06-003, adopted 6-23-2016.