When a property owner is a public, business,
commercial or industrial user and does not discharge all of the metered
or waste water into the sewerage system, Council is authorized, upon
application by such property owner, to reduce the total number of
gallons of water on which the sewer rental charge is based. Any such
application shall be filed with the Borough Secretary within one month
after the mailing of bills. The decision of Council shall be final.
Whenever sewer service to any property begins
after the first day or terminates before the last day of the year,
the sewer rental charge for such property for such year shall be that
portion of the year during which the property is served; provided,
however, that in making such apportionment, a fraction of a month
amounting to 1/2 or more of a month shall be counted as a full month
and a fraction of a month amounting to less than 1/2 of a month shall
be disregarded.
The Tax Collector shall procure, at the expense
of the Borough, all necessary books, records, bills and other forms
of stationery and keep a proper record of all assessments, charges,
service rates and rentals and all payments hereunder, whether collectible
by the Tax Collector or the Solicitor or otherwise. The Tax Collector
and the Solicitor shall report to Council, monthly, all payments received.
Public, business, commercial and industrial
users who obtain water from other than the Philadelphia-Suburban Water
Company shall pay a sewer rental charge in an amount to be fixed by
Council and comparable to rentals of establishments of similar character
and size. Where it is necessary to measure the discharge into the
sewerage system in order to determine the annual sewer rental charge
imposed by this article, the proper meter or other measuring device
shall be installed at the expense of the user. Such meter or other
measuring device shall be under the control of the Borough. The owner
of the property upon which such measuring device is installed shall
be responsible for its maintenance and safekeeping and all repairs
thereto shall be made at the cost of the owner of the property.
The Borough reserves the right to refuse to
allow any person to connect to the sewerage system or otherwise to
compel discontinuance of use or to compel pretreatment by any industry,
to prevent discharge into the sewerage system of any industrial waste
deemed to be harmful to the system or to have a deleterious effect
on the sewage treatment processes.
The Tax Collector shall mail to the owner of
each property, at his or her last known address or, if the owner's
address is unknown, to the address of the property, a bill for the
rental chargeable to the property owner, property or unit, as provided
by law. Failure of the owner to receive such bill shall not relieve
such owner from liability for payment in accordance with the provisions
of this article.
All moneys, including surcharges, collected
under this article shall be deposited in a fund to be known as the
"Sewer Rental Fund" and shall be applied as follows:
A. The payment of the annual principal and interest on
any bond issue incurred for the sanitary sewerage system of the Borough;
B. The payment of any sums which become due under the
existing contract between the Borough and the Delaware County Regional
Water Quality Control Authority, the Township of Upper Darby, the
Darby Creek Joint Authority and any other municipality or authority
created for the purpose of acquiring, holding, constructing, improving,
owning, maintaining, operating or leasing any sewer, sewerage system
or sewage treatment works for the benefit of the users of the Borough;
C. The maintenance, repair, alteration, inspection and
depreciation of the sewers, the outfall sewers and the sewerage system
of the Borough, as well as all other expenses of the Borough incurred
in relation thereto, including unpaid loans of the preceding year
made for either of the foregoing purposes and any lawful deficits
incurred for sewers, for the sewerage system or for the sewage treatment
works.
For the calendar year 1985 and each succeeding
year, the sewer charge or rental fee for each and every residential
and commercial user shall be computed by using the water consumption
data of the Philadelphia Suburban Water Company for the period of
October 1 of the year preceding the prior year to September 30 of
the prior year.
[Amended 3-20-1997 by Ord. No. 1258]
A. Title and purpose. This section is adopted to promote
and protect the public health, safety, comfort, convenience and other
aspects of the general welfare. These general goals include, among
others, the special enforcement of the various regulations promulgated
by the Delaware County Regional Water Quality Control Authority (DELCORA),
the United States Environmental Protection Agency (USEPA), the Pennsylvania
Department of Environmental Protection (PADEP) and such other agencies
which may succeed the aforementioned agencies to implement the Delaware
County Wastewater Management Plan and the National Pretreatment Standards,
40 CFR 401 et seq. This section shall be known and may be cited as
the "Borough of Yeadon Wastewater Treatment Ordinance."
B. Adoption of DELCORA's Standards, Rules and Regulations.
That document known as "DELCORA Standards, Rules and Regulations"
is hereby adopted by the Borough to govern the conduct of all discharges
to the DELCORA Wastewater Management System.
(1) It is intended that this section provide for the enforcement
and prosecution of DELCORA Standards, Rules and Regulations and the
national pretreatment standards.
(2) It is the specific intent of this section to provide
for a means of enforcement of the national pretreatment standards
promulgated by the United States Environmental Protection Agency as
set forth in 40 CFR 401 et seq. (1983) pursuant to the Clean Water
Act, as amended, 33 U.S.C. § 1251 et seq.
(3) DELCORA Standards, Rules and Regulations shall be
minimum standards and shall apply uniformly to each class or kind
of user within the Borough.
(4) The DELCORA Standards, Rules and Regulations are hereby
amended as provided by DELCORA Resolution Nos. 95-06 and 95-12, which
are attached to original Ordinance 1258, passed March 20, 1997, and
hereby made a part hereof by reference.
(5) The Eastern Area Local Limitations for discharge of
wastewater, as provided by DELCORA Resolution No. 91-04, which is
attached to original Ordinance 1258, passed March 20, 1997, and hereby
made a part hereof by reference, are hereby adopted as the local limitations
for all discharges of wastewater within the Borough.
C. Violations. The Council hereby ordains and establishes that any person, firm or corporation who or which fails or refuses to comply with DELCORA Standards, Rules and Regulations embodied in DELCORA Resolution 91-03, adopted May 22, 1991, as the same may be amended from time to time, which is incorporated herein by reference and attached to original Ordinance 1213, passed December 3, 1992, shall be subject to the penalties set forth in §
246-11.
D. Prosecution.
(1) The Borough hereby appoints DELCORA or its designee
as its agent, having the power of the Borough to institute proceedings
in the name of the Borough against any and all persons, firms or corporations
who or which violate the provisions of this section.
(2) In cases involving the enforcement of this section,
the Solicitor of DELCORA or its designee may cause subpoenas to be
issued for witnesses for the prosecution and may conduct the hearing
on behalf of the Borough.
Any person, firm or corporation who or which shall violate any provision of §
246-10 shall be subject to a fine of up to $1,000 or the maximum legal limit of the fining authority, whichever is greater, and/or shall be sentenced to imprisonment for a term not to exceed 30 days. A separate offense shall be deemed committed each day that a violation of §
246-10 and/or of the DELCORA Standards, Rules and Regulations, as amended, continues.