[Adopted 11-11-1986 by Ord. No. 86-7]
Unless the context specifically indicates otherwise,
the meaning of the terms used in this article 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, education, charitable or public use.
Any structure intended to be used wholly or in part for the
manufacturing, fabricating, 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 sanitary sewage.
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.
The normal water-carried household and toilet wastes from
residences, business buildings, institutions and commercial and industrial
establishments.
The person charged by the Board of Supervisors with the duties
of collecting all sewer user fees and penalty charges imposed by the
Township and such other duties as may be prescribed by this article.
[Amended 1-4-1993 by Ord. No. 93-1]
All facilities owned and operated by the Township for the
collection, transportation, treatment or disposal of sanitary sewage.
Westtown Township, Chester County, Pennsylvania.
[Last amended 12-15-1998 by Ord. No. 97-7]
A.
There is hereby imposed upon each property located
within the Township and served by the sewer system quarterly sewer
rents or charges at the rates and payable as hereinafter provided
for the use, whether direct or indirect, of the sewer system.
B.
Creation of sewer districts.
(1)
There are hereby created five sewer subdistricts in
Westtown Township, pursuant to 53 P.S. § 67507. Those districts
shall be designated as follows:
[Amended 8-6-2001 by Ord. No. 2001-5; 7-3-2006 by Ord. No.
2006-2]
(a)
West Goshen District, comprised of the following
subdistricts:
[2]
Sewer District II: The district composed of
those areas of the Township known as Coventry Village, High Point,
Cobblefield, Westmount Woods, Pleasant Grove, Jefferson at Westtown,
Enclave at Pleasant Wood, and associated areas, as depicted on the
Westtown Township Sewer District Map.
[3]
Sewer District III: The district composed of
those areas of the Township known as Westwood and Kerwood Drives and
East Pleasant Grove Road, and associated areas, as depicted on the
Westtown Township Sewer District Map.
[4]
Sewer District IV: The district composed of
that area of the Township west of Wilmington Pike, north of Pleasant
Grove Road, south of Cheyney Drive including Tax Parcels 67-4-20,
67-4-21, and those parcels resulting from the Greenstone Subdivision
(formerly Tax Parcels 67-4-23 and 67-4-23.1).
(b)
Westtown Chester Creek District: The district
comprised of the all properties east of the West Goshen District boundary
line as depicted on the Westtown Sewer District Map.
C.
There is hereby adopted by the Board of Supervisors
the Westtown Township Sewer District Map which shall depict the geographic
limits of each sewer district of the Township, which map shall be
amended from time to time as new sewer districts are added.
D.
The effective date of the creation of the sewer districts
established hereby and the imposition of the rates charged in each
district shall be January 5, 1998.
[Last amended 12-2-2019 by Ord. No. 2019-08[1]]
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Customer Classifications
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Rental
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A.
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Each single-family dwelling:
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(1)
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West Goshen Sewer District:
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(a)
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Subdistrict 1
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$205 per quarter
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(b)
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Subdistrict 2
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$205 per quarter
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(c)
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Subdistrict 3
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$205 per quarter
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(d)
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Subdistrict 4
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$205 per quarter
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(2)
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Westtown Chester Creek District
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$205 per quarter
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B.
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Each living unit in a multiple-occupancy building (See Subsection
C):
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(1)
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West Goshen Districts
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$205 per quarter
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(2)
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Westtown Chester Creek District
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$205 per quarter
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C.
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Multiple use: In all sewer districts, in the case of a combination
of one or more private dwelling or living units or with one or more
commercial establishments in one building and each thereof having
the use of the sewer system through one sewer connection, then each
such private dwelling or living unit and each such commercial establishment
shall be charged the applicable rates set forth above as though each
thereof were in a separate structure and as though each thereof had
a direct and separate connection to the sewer system.
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D.
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In all sewer districts, each church, per connection:
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$205 per quarter
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E.
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In all sewer districts, each public or private school (based
on the daily average number of pupils enrolled). Teachers and/or maintenance
personnel shall be classified as pupils for sewer rental purposes.
Enrollment will be calculated separately for months when school is
not in session
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$44 per pupil per year
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F.
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In all sewer districts, each automobile service station
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$205 per quarter
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G.
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Multiple Use: In the case of a combination of one or more private
dwelling or living units or with one or more commercial establishments
in one building and each thereof having the use of the sewer system
through one sewer connection, then each such private dwelling or living
unit and each such commercial establishment shall be charged the applicable
rates set forth above as though each thereof were in a separate structure
and as though each thereof had a direct and separate connection to
the sewer system.
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H.
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In all sewer districts, each public and private club swimming
pool, regardless if in use only three months:
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$205 per quarter
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I.
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In all sewer districts, each public and private pool club house:
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$205 per quarter
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[1]
Editor’s Note: This ordinance also provided an effective
date of 1-1-2020 for the amended rates.
[Last amended 12-15-2008 by Ord. No.
2008-3[1]]
A.
Sanitary sewage:
(1)
In all sewer districts, the quarterly sewer rates or charges shall
be based on the quantity of water used as evidenced by meter readings
of water meters installed by the water supplier for the purpose of
measuring water purchased from said water supplier and/or such other
meters or measuring devices as may be installed pursuant to any provisions
of this article and shall be subject to the minimum charge hereinafter
provided, as follows:
(a)
Quarterly metered flat rate: $16.93 per 1,000 gallons.
(2)
Regardless of water consumption, the minimum quarterly charge for
sanitary sewage for any use shall be the equivalent rate of a single-family
dwelling (EDU):
(a)
Minimum metered flat rate: $205 per quarter.
(3)
Multiple use: In the case of a combination of one or more private
dwelling or living units or with one or more commercial establishments
in one building and each thereof having the use of the sewer system
through one sewer connection, then each such private dwelling or living
unit and each such commercial establishment shall be charged the applicable
minimum metered flat rate set forth above as though each thereof were
in a separate structure and as though each thereof had a direct and
separate connection to the sewer system.
B.
Industrial waste:
(2)
The total charge for the total volume of waste having
concentrations in excess of the foregoing shalt be determined in accordance
with the following formula:
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Total charge:
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Q + (0.001 Q (BOD in pps -250) + (0.001 A (ss
in ppm -300))
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Where:
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Q
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=
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Metered quantity charge
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BOD
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=
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Biochemical oxygen demand
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ss
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=
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Suspended solids
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ppm
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=
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Part per million
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[1]
Editor's Note: This ordinance also provided
an effective date for the amended rates of 1-1-2009.
A.
Methods of measuring volume.
(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 Township, shall be
used in computing the sewer rentals.
(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, those
persons may provide a meter on such additional or other sources of
supply. The total amount of water used as shown by these meter readings
will be used in computing the sewer rentals. If no such meter is installed,
the Sewer Collection Agent shall estimate the total amount of water
used for the purpose of determining the sewer rentals.
[Amended 1-4-1993 by Ord. No. 93-1]
(3)
In cases where persons use water from the water supplier
and/or from any other source such that 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)
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)
By placing a meter or measuring device on the
effluent 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)
When, in the opinion of the Sewer Collection
Agent, it is not desirable or not practical to install devices to
continuously determine the quantity of water not discharged to the
sewer system, the sewer manager will determine in such manner and
by such method as he/she may prescribe the percentage of metered water
discharged into the sewer system and the quantity of water used to
compute the sewer rentals shall be the percentage so determined of
the quality measured by the water meter or meters. Any dispute as
to the estimated amount shall be submitted to the Township after notice
of the estimate, whose decision on the matter shall be final for the
current calendar year.
[Amended 1-4-1993 by Ord. No. 93-1]
B.
Measuring devices. All meters or measuring devices
not provided by the water supplier, but otherwise used under the provisions
of this article, may be furnished and installed by the Township at
the expense of the property owner and shall be owned by and under
the control of the Township and may be tested, inspected or repaired
by the Township employees whenever deemed necessary. 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 by the Township at the property owner's expense, whether
such repairs are made necessary by ordinary wear and tear or other
causes. Bills for such installation and repairs shall be due and payable
at the same time and collected in the same manner as are the bills
for sewer services; such bills from and after their due date shall
constitute a lien upon the property upon which such measuring device
is installed.
C.
Meter reading. The Township shall be responsible for
the reading of all meters or measuring devices, unless such readings
are otherwise made available to the Township by the water supplier,
and they shall be made available to Township employees for meter reading
at any reasonable time.
The Township reserves the right to refuse connection
to the sewer system or to disconnect a sewer or to compel pretreatment
of industrial waste by an industrial establishment in order to prevent
discharge to the sewer of industrial waste deemed to be harmful to
the sewage collection system or sewage plant, or to have a deleterious
effect on the sewage treatment or sludge handling processes, or which
would cause a violation of any existing sewage treatment agreement
of the Township.
[Amended 9-20-2004 by Ord. No. 2004-7]
A.
No person shall discharge into the sewer system any exhaust steam or any oils, tar, grease, gas, benzine or other combustible gases or liquids, or any garbage (unless treated in an approved manner), offal, insoluble solids or other dangerous or harmful substances which would adversely affect the functioning of the sewer system or the processes of sewage treatment. This restriction shall be in addition to the discharge restrictions that appear in Article IV of this chapter.
[Amended 2-7-2005 by Ord. No. 2005-2]
B.
Reporting. The owners and/or operators of a motor
vehicle service station, automobile sales agency which provides services
to vehicles, eating or drinking establishment and other commercial
establishments which are required to install a grease, oil or sand
interceptor or reclaimer and/or a hair trap must submit written verification
to the Township that the grease, oil or sand interceptor or reclaimer
was properly cleaned and emptied by a sewage waste hauler licensed
in the Commonwealth of Pennsylvania at least once a month. Every month,
the owners and operators shall send written notice to the Township
which states the following: the name of the person or contractor who
performed the cleaning of the grease, oil or sand interceptor or reclaimer
and/or a hair trap; the date of cleaning; and the location where the
material is disposed. The Township may conduct inspections of the
interceptors, reclaimer and/or traps at any time after notice to the
user and may require the user to submit additional reports or conduct
tests more frequently than monthly at its own expense if the Township
finds or suspects that the interceptor, reclaimer and/or trap has
not been properly cleaned.
No person shall discharge into the sewer system
any stormwater, surface drainage, ground drainage, roof runoff, subsurface
drainage, sump pump discharge, drainage from tile fields, cooling
water or unpolluted industrial process waters. All such discharges
shall be made into such sewers as are specifically designated as storm
sewers, if available, or to a natural outlet approved by the Westtown
Township Engineer.
If 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 12-15-1998 by Ord. No. 97-7]
A.
The connection fees imposed and collected by the Township
shall be payable upon application for permit to make such connection.
B.
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 January, April, July and October of each year
for the quarterly calendar period immediately following the date of
the bill.
[Amended 12-4-1989 by Ord. No. 89-4; 1-4-1993 by Ord. No.
93-1; 4-1-1996 by Ord. No. 96-2]
A.
All bills shall be payable on the date received. All
sewer rental charges billed and unpaid shall be a lien against the
property serviced by the sewer system until paid. If said bills are
not paid within 45 days after the date they are mailed, a charge of
5% per quarter on the total unpaid balance shall be added.
B.
It shall be the duty of the Sewer Collection Agent
during or after the fourth month following the month in which bills
were mailed to certify the unpaid bills to the Township Solicitor
who shall proceed to collect such delinquent sewer rentals, together
with penalties and costs accrued thereon either by action at law or
by filing a lien or liens for the same in the office of the Prothonotary
of the Court of Common Pleas of Chester County, Pennsylvania, and
such liens, together with penalty and costs accrued thereon, shall
be filed and collected in accordance with the law. A charge as set
from time to time by resolution of the Board of Supervisors shall
be imposed by the Township for filing and legal costs for each property
liened.
C.
The Township may authorize the Solicitor to proceed
with the sheriff sale process for the liened property if the account
is not paid in full within six months after the lien is filed. At
this time filing and legal costs as set from time to time by resolution
of the Board of Supervisors shall be added to the account.
D.
All sewer rentals not paid within four months following
the month in which bills were mailed shall be deemed to be delinquent.
All persons connected to the sewer 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.
The funds received by the Township from the
collection of the connection charges imposed by it from sewer rentals
and charges and all penalties thereon, as herein provided for, any
fines collected by the Township in connection with the sewer system
and any other funds received in connection with the sewer 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 sewer system or other expenses in relation to such
sewer system and for such payments 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 sewer system.
[Amended 1-4-1993 by Ord. No. 93-1]
The Township Sewer Collection Agent is hereby
charged with the duties of collecting all user fees and penalty charges
imposed by the Board of Supervisors. He/she shall also keep full,
accurate and complete records of all sewer rentals or charges, bills,
receipts, payments and transmittals of money to the Township.
The rates and any rules and regulations hereunder
shall become effective on the date of their enactment and adoption
respectively and shall be applicable to all properties as soon as
they respectively become connected with and have the right to use
the sewer system. The Township reserves the right to make such changes
from time to time as in its opinion may be desirable or beneficial,
and add to or amend this article or change the rates or charges in
such manner and at such times as in its opinion may be advisable.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
