[Adopted 12-7-1995 by Ord. No. 1245 as Ch. 1040 of the 1995 Code]
[1]
Note: Resolution No. 02-07, passed May 16, 2002, adopted the Delaware County Act 537 Sewage Facilities Plan Update - Eastern Plan of Study, prepared by the Delaware County Planning Department, February 2002, as the official plan for sewage facilities in compliance with the Pennsylvania Sewage Facilities Act of 1966.
A. 
Establishment of system. The system of sanitary sewers heretofore authorized and constructed within the Borough, together with other sanitary sewers used by and serving the Borough, is hereby ordained and established as the sanitary sewerage system of the Borough, together with such additions as are hereafter added to such system.
B. 
Rental charges; billing and collection.
(1) 
Each person who owns property connected with and served by the sanitary sewerage system of the Borough and each property or unit so connected shall be charged a rate, to be established each year by ordinance, per 1,000 gallons or fraction thereof of water consumed or discharged per year, which charge shall be paid to the Tax Collector as provided by law.
(2) 
Such sewer rentals shall be collected by the Tax Collector of the Borough or any other person designated by Council.
(3) 
The charge or rental set forth hereinafter shall be billed to each user annually. The billing date shall be March 1, 1983, and each succeeding year. Such bill must be paid to the Tax Collector within 60 days of each billing date.
(4) 
A ten-percent surcharge will be added to the sewer rental if it is not paid within 60 days of the date of the bill, and if the installment charge plus the surcharge is not paid within 90 days of the date of the bill, the aggregate amount thereof shall bear interest from the surcharge (penalty) date at the rate of 1% per month or fraction thereof.
(5) 
All rental charges, interest and surcharges shall be a lien against the properties connected and served, until paid, such lien to be enforced and collected as provided by law.
(6) 
In any legal action to collect delinquent fees and rental charges under this section, including the filing of liens, attorneys' fees and costs incurred by the Borough in connection with the collection, action shall be paid for by the owner of property subject to such action.
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.