[Adopted 8-25-1975 by Ord. No. 41 (Ch.
18, Part 2, of the 1994 Code)]
Unless the context specifically and clearly
indicates otherwise, the meaning of terms and phrases used in this
article shall be as follows:
The Bonneauville Borough Municipal Authority, a municipality
authority of the commonwealth.
Includes, as applicable, a commercial establishment, a dwelling
unit, an industrial establishment or an institutional establishment.
The quantity of oxygen, expressed in ppm, utilized in the
biochemical oxidation of organic matter under standard laboratory
procedures for five days at 20° C. The standard laboratory procedure
shall be that found in the latest edition of "Standard Methods for
the Examination of Water and Wastewater" published by the American
Public Health Association, Inc.
The Borough of Bonneauville, Adams County, Pennsylvania,
a municipal corporation of the commonwealth, acting by and through
its Council or, in appropriate cases, acting by and through its authorized
representatives.
Any room, group of rooms, building or enclosure connected,
directly or indirectly, to the sewer system and used or intended for
use in the operation of a business enterprise for the sale and distribution
of any product, commodity, article or service.
The Commonwealth of Pennsylvania.
Any room, group of rooms, house trailer, building or other
enclosure connected, directly or indirectly, to the sewer system and
occupied or intended for occupancy as separate living quarters by
a family or any other group of persons living together or by a person
or persons living alone, excluding institutional dormitories.
Each room, group of rooms, building, house trailer, mobile
home, connected directly or indirectly to the sewer system and used
or intended for use, in whole or in part, for educational purposes,
including both public and private schools.
Any property upon which there is erected a structure intended
for continuous or periodic habitation, occupancy or use by human beings
or animals and from which structure sanitary sewage and/or industrial
wastes shall be or may be discharge.
Any room, group of rooms, building or other enclosure connected,
directly or indirectly, to the sewer system and used or intended for
use, in whole or in part, in the operation of a business enterprise
for manufacturing, processing, cleaning, laundering or assembling
any product, commodity or article or from which any process waste,
as distinct from sanitary sewage, shall be discharged.
Any liquid wastes from processes, as distinct from sanitary
sewage.
Any room, group of rooms, building or other enclosure connected,
directly or indirectly, to the sewer system, including institutional
dormitories, including an educational establishment, which do not
or does not constitute a commercial establishment, a dwelling unit
or an industrial establishment.
Any improved property in which shall be located more than
one billing unit.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property which shall be connected, directly
or indirectly, to the sewer system.
Any individual, partnership, company, association, society,
corporation or other group or entity.
The logarithm of the reciprocal of the concentration of hydrogen
ions, expressed in grams per liter of solution, indicating the degree
of acidity or alkalinity of a substance.
Parts per million, by weight.
Normal water-carried household and toilet wastes discharged
from any improved property.
Any pipe or conduit constituting a part of the sewer system
and used or usable for sewage collection purposes.
All facilities, as of any particular time, for collecting,
pumping, transporting, treating and disposing of sanitary sewage and/or
industrial wastes, to be acquired and to be constructed and to be
owned by the Authority and to be leased to the Borough for maintenance,
operation and use.
As determined pursuant to the procedure set forth in the
latest edition of "Standard Methods for the Examination of Water and
Wastewater," published by the American Public Health Association,
Inc.
The facilities owned by the Authority and leased to the Borough
for operation and use in the supply of water to the public in the
Borough.
Sewer rentals or charges are imposed upon and
shall be collected from the owner of each improved property which
shall be connected with the sewer system, for use of the sewer system
and for services rendered in connection therewith, whether such use
shall be direct or indirect, which sewer rentals or charges shall
commence and shall be effective as of enactment hereof and shall be
payable in the amounts, at the times and in the manner as provided
in this article.
[Amended 12-15-1981A; 3-23-1993 by Res. No. 93-1]
A.
Except as otherwise provided in this chapter, sewer
rentals or charges for sanitary sewage and industrial wastes discharged
into the sewer system from any improved property or from any billing
unit located therein, excluding educational establishments, when the
volume of water usage shall be metered in connection with the water
system, shall be based upon volume of water usage, adjusted, if appropriate,
as provided in this article.
B.
Except as otherwise provided in this article, sewer
rentals or charges for sanitary sewage and industrial wastes discharged
into the sewer system from any improved property or from any billing
unit located therein, excluding educational establishments, when the
volume of water usage shall not be metered in connection with the
water system, shall be based upon the following:
(1)
Unless an election is made by the owner of an improved property governed by this Subsection B, to have Subsection B(2) of this subsection apply, the sewer rentals or charges for such improved property and all billing units located therein shall be based upon volume of flow of sanitary sewage and/or industrial wastes discharged into the sewer system measured in gallons in accordance with this article or rules, regulations or determinations made pursuant to provisions of this article, and shall be subject to the minimum and other monthly charges and additional charges, as provided in this article. In the event that this Subsection B(1) shall apply, the owner of such improved property shall install, pay for and maintain a meter, approved by this Borough, for measuring volumes of sanitary sewage and/or industrial wastes discharged into the sewer system.
(2)
The owner of an improved property governed by this Subsection B may elect to have the provisions of this Subsection B(2) apply, in lieu of the provisions of Subsection B(1), in which case the sewer rentals or charges for such improved property and all billing units located therein shall be based upon the volume of flow of sanitary sewage and/or industrial wastes discharged into the sewer system, measured by any other accurate means of measuring and determining such volume as shall be permitted, from time to time, by this Borough by regulation or individual determination, and as shall be approved by and be satisfactory to this Borough, subject to such conditions and requirements as shall be imposed by this Borough in connection therewith, from time to time, either by regulation or on an individual basis.
C.
Sewer rentals or charges imposed by Subsections A and B shall be computed in accordance with the following metered rate schedule, subject, however, to:
(2)
The provisions, if applicable of Subsection H:
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Monthly Water Volume Usage or Metered
Waste Discharged
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Monthly Rate
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|---|---|
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First 5,000 gallons
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$67.59 per 5,000 gallons or fractional part
thereof
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All over 5,000 gallons
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$8.90 per 1,000 gallons or fractional part thereof
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(3)
Notwithstanding the foregoing, the minimum sewer rentals
or charges shall be $67.59 per month.
D.
The volume of water usage to be used in the computation of sewer rentals or charges under Subsection A hereof shall include the aggregate monthly volume of water measured in connection with the water system, and, in addition, shall include the aggregate per monthly volume obtained from all other sources (wells, springs, streams, etc.), as determined:
(1)
By meters installed and maintained by the Borough,
to the extent the Borough shall provide the same under provisions
of applicable ordinances and/or regulations;
(2)
By meters installed and maintained by the owner of
the improved property as are required under provisions of applicable
ordinances and/or regulations, and as are approved by the Borough;
and/or
(3)
By estimates or measurements which may be made by
the Borough, at the Borough's sole option, where necessary.
E.
Exclusion of noncontaminated wastewaters.
(1)
Exclusion from the sewer system of noncontaminated wastewaters by any commercial establishment, industrial establishment and/or institutional establishment may be required by the Borough or such exclusion may be optional with the owner of the applicable improved property if not required by the Borough. When such wastewaters are so excluded, and are not discharged into the sewer system, the sewer rentals or charges shall be based on total volume of water usage, less the volume of sewage included, in accordance with the metered rate schedule set forth in Subsection C; subject, however:
F.
Sewer rentals or charges for sanitary sewage discharged into the sewer system from any improved property constituting an educational establishment shall be on a metered rate basis, based on the metered rate schedule set forth in Subsection C hereof, calculated as follows:
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The Borough, at the beginning of each fiscal year, shall estimate the annual volume of water to be used by each educational establishment during such fiscal year, and such educational establishment shall make monthly payments for sanitary sewage service, based on such estimate, for the first 11 months of each fiscal year, with a final adjustment being made in the 12th month of each fiscal year, based on actual metered water usage for such fiscal year and subject however to the minimum monthly charge set forth in Subsection C.
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G.
The Borough may require the owner of a commercial establishment, an industrial establishment or an institutional establishment, or such owner may elect, to install, to pay for and maintain a meter approved by the Borough for measuring monthly volumes of wastes discharged into the sewer system, in which case the sewer rentals or charges shall be based on the actual metered monthly volume of wastes discharged into the sewer system in accordance with the rate schedule set forth in Subsection C; subject, however:
H.
Strength of waste surcharge.
(1)
The owner of any industrial establishment which shall discharge sanitary sewage and industrial wastes to the sewer system having an average five-day BOD greater than 200 ppm and a suspended solids content greater than 250 ppm, shall pay a strength of waste surcharge, in addition to applicable volume charges, equal to 0.05% for each ppm by which the suspended solids exceed 250 ppm. Surcharges shall be applicable to all billings for sewer rentals or charges computed in accordance with provisions of Subsections A through G, as applicable. The strength of sanitary sewage and industrial wastes to be used for establishing the amount of surcharge shall be determined at least once annually either:
(a)
By suitable sampling and analysis of such wastes
for a consecutive three-day period during a time of normal plant operation;
or
(b)
From estimates made by the Borough; or
(c)
From known relationships of products produced
to strengths of such wastes for those industries where such factors
have been established. In establishing such waste strengths for surcharge
purposes by analysis, analyses shall be made in accordance with procedures
outlined in the latest edition of "Standard Methods for the Examination
of Water and Wastewater" published by the American Public Health Association,
Inc.
(2)
The owner of any industrial establishment discharging
sanitary sewage and industrial wastes to the sewer system shall furnish
to the Borough, upon written request, all information deemed essential
by the Borough for the determination of applicable sewer rental surcharges
for excess strength wastes. The costs of obtaining such information
shall be borne by such owner of such industrial establishment.
I.
In the event that the owner of any improved property shall discharge sanitary sewage and/or industrial wastes to the sewer system that originate in more than one dwelling unit, commercial establishment, industrial establishment and/or institutional establishment located upon such improved property, the appropriate sewer rentals or charges shall be computed, for each billing unit, as set forth in this § 184-22. Separate sewer rentals or charges so computed for each billing unit shall be consolidated into a single total amount for the purpose of determining the aggregate monthly sewer rentals or charges to such owner of such improved property.
J.
Where more than one billing unit is served water from the water system and from a common water meter, the applicable sewer rentals or charges under Subsection A shall be determined for each billing unit as provided in this article, after dividing the total monthly water volume by the number of billing units being served from the common water meter and thereafter computing separate sewer rentals or charges for each such billing unit as provided in this section.
K.
If the owner of any improved property shall fail to
provide the Borough with any and all information required to compute
the sewer rentals or charges applicable to such improved property,
the Borough reasonably may estimate appropriate sewer rentals or charges
for such improved property and such estimated sewer rentals or charges
shall be the actual sewer rentals or charges payable until required
information is filed with the Borough; provided, however, that no
rebates will be paid by the Borough if the information subsequently
filed would support lower indicated sewer rentals or charges than
those estimated by the Borough.
L.
Additional sewer rentals or charges or modifications
of sewer rentals or charges may be established or may be made by the
Borough, from time to time, as shall be deemed necessary or desirable
by the Borough.
M.
Nothing contained in this article shall be construed
as prohibiting special agreements between the Borough and the owner
of any improved property constituting a commercial establishment,
an industrial establishment or an institutional establishment when
conditions and circumstances making such special agreements advisable
and/or necessary, in the opinion of the Borough, are present.
A.
Monthly billings.
(1)
Sewer rentals or charges, except those based upon
metered volume of water consumption or upon metered volume of wastes
discharged to the sewer system or upon estimates of the Borough, shall
be rendered on a monthly basis, and shall cover a monthly billing
period consisting of the immediately preceding month.
(2)
Sewer rentals or charges based upon metered volume
of water consumption or upon metered volume of wastes discharged to
the sewer system or upon estimates of the Borough shall be rendered
on a monthly basis, and shall cover the immediately preceding monthly
water service period applicable to the particular improved property.
(3)
Sewer rentals or charges based upon metered volume
of water consumption or upon metered volume of wastes discharged to
the sewer system, at the option of this Borough, may be billed on
the basis of estimated volume of consumption or discharge, as applicable,
for any month or months, not exceeding three successive months, such
estimates to be made pursuant to generally accepted engineering standards,
or pursuant to rules or regulations of this Borough.
(4)
The owner of any improved property which shall be
connected to the sewer system for only a part of a monthly bill period
shall pay pro rata sewer rentals or charges for the portion of the
monthly billing period during which such connection was in effect.
B.
Due date. Sewer rentals or charges shall be due and payable upon the applicable billing date, at the office of the Treasurer of the Borough, as provided for in Subsection A, and the appropriate amount, computed in accordance with this article, shall constitute the net bill. If sewer rentals or charges are not paid within 30 calendar days after each billing date, an additional sum of 10% shall be added to such net bill, which net bill, plus such additional sum, shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of such thirty-calendar-day period shall constitute payment within such period. If the end of such 30 calendar day period shall fall on a legal holiday or on a Sunday, then payment made on or mailed and postmarked on the next succeeding regular day shall constitute payment within such period.
C.
Owner's address. The owner of an improved property
which is connected to the sewer system initially shall provide the
Borough with and thereafter shall keep the Borough advised of the
correct address of such owner. Failure of any person to receive monthly
bills for sewer rentals or charges shall not be considered an excuse
for nonpayment, nor shall such failure result in an extension of the
period of time during which the net bill shall be payable.
Sewer rentals or charges imposed by this article
shall be a lien upon the improved property connected to and served
by the sewer system and any such sewer rentals or charges which are
not paid within 30 days after each monthly billing date, at the discretion
of this Borough, shall be filed as a lien against the improved property
so connected to and served by the sewer system, which lien shall be
filed in the appropriate office of the County of Adams, Pennsylvania,
as provided by law, and shall be collected in the manner provided
by law for the filing and collecting of municipal claims.
[Amended 12-18-2018]
A.
No person shall discharge or shall cause to be discharged any stormwater,
surface water, spring water, groundwater, roof runoff, subsurface
drainage, building foundation drainage, cellar drainage, including
but not limited to sump pump drainage, or drainage from roof leader
connection into any sewer.
B.
The Borough reserves the right to refuse permission to connect to
the sewer system, to compel discontinuance of use of the sewer system
or to compel pretreatment of industrial wastes by any industrial establishment,
in order to prevent discharges deemed to be harmful or to have a deleterious
effect upon any sewer or the sewer system.
C.
No sanitary sewage or industrial wastes shall be discharged to the
sewer system which:
(1)
Shall have a temperature higher than 150° F., or less than 32°
F.
(2)
Shall contain more than 100 ppm of fat, oil and/or grease.
(3)
Shall contain any gasoline, benzene, naptha, fuel oil or other inflammable
or explosive liquid, solids or gases.
(4)
Shall contain any solid wastes resulting from preparation, cooking
and dispensing of food and from handling, storage and sale of produce,
which wastes commonly are known as garbage, which have not been ground
by household type garbage disposal units or other suitable garbage
grinders.
(5)
Shall contain any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, cotton, wool or other fibers, plastics,
wood, paunch manure or any other solid or viscous substance capable
of causing obstructions or other interference with the proper operation
of the sewer system or any sewer.
(6)
Shall have a pH lower than 5.5 or higher than 9.0, or shall have
any other corrosive property capable of causing damage or hazards
to structures or equipment of the sewer system or any sewer or to
any person engaged in operation and maintenance of the sewer system
or any sewer.
(7)
Shall contain toxic or poisonous substances in sufficient quantity
to injure or to interfere with any sewage treatment process, to constitute
hazards to humans or animals or to create any hazards in waters which
shall receive treated effluent from the sewer system. Toxic wastes
shall include, but shall not be limited to, wastes containing cyanide,
chromium, copper and nickel ions.
(8)
Shall contain noxious or malodorous gases or substances capable of
creating a public nuisance.
(9)
Shall contain suspended solids of such a character and quantity that
special or unusual attention is required for handling.
D.
Where necessary, in the opinion of the Borough, the owner of an improved property shall provide, at the expense of the owner, suitable pretreatment facilities in order to comply with Subsection C.
(1)
Plans, specifications and any other pertinent information relating
to proposed facilities for preliminary treatment and handling of industrial
wastes shall be submitted for approval of the Borough; and no construction
of any such facility shall be commenced until approval thereof first
shall have been obtained, in writing, from the Borough, and until
approval thereof first shall have been obtained from any governmental
regulatory body having jurisdiction.
(2)
Whenever facilities for preliminary treatment and handling of industrial
wastes shall have been provided by any owner, such facilities continuously
shall be maintained, at the expense of such owner, in satisfactory
operating condition; and the Borough shall have access to such facilities
at reasonable times for purposes of inspection and testing.
E.
Nothing contained in this § 184-25 shall be construed as prohibiting any special agreement or arrangement between the Borough and any owner whereby industrial wastes of unusual strength or character may be admitted into the sewer system by the Borough, either before or after preliminary treatment.
A.
Any person desiring to make or to use a connection
to the sewer system through which industrial wastes shall be discharged
into the sewer system shall file with the Borough an application for
a permit and an "Industrial Wastes Questionnaire," to be furnished
by the Borough, which shall supply to the Borough pertinent data,
including estimated quantities of flow, characteristics and constituents,
with respect to industrial wastes proposed to be discharged into the
sewer system and shall obtain a written permit from the Borough to
do so before making or using such connection. The cost of obtaining
all such data shall be borne by the person desiring to make or to
use such a connection to the sewer system.
B.
Any person who shall discharge industrial wastes into
the sewer system, when required by the Borough, shall construct, at
the expense of such person, and thereafter properly shall maintain,
at the expense of such person, a suitable control manhole and other
devices as shall be approved by the Borough to facilitate observation,
measurement and sampling by the Borough of sanitary sewage and industrial
wastes discharged to the sewer system. Any such control manhole, when
required by the Borough, shall be constructed, at an accessible, safe,
suitable and satisfactory location, in accordance with plans to be
approved by the Borough prior to commencement of construction.
C.
Any industrial establishment that, at any time, shall
be discharging sanitary sewage and/or industrial wastes into the sewer
system and shall contemplate a change in the method of operation which
materially will alter the characteristics and/or volume of wastes
at the time being discharged into the sewer system shall notify the
Borough, in writing, at least 10 days prior to consummation of such
change in the method of operation.
D.
A person desiring to make a connection to the sewer
system through which industrial wastes will be discharged to the sewer
system shall enter into an agreement providing for additional payments
to the Borough as may be required by rules, regulations and determinations
of the United States Environmental Protection Agency related to the
federal grant of funds made for application for and toward certain
costs and expenses of acquisition and construction of the sewer system,
and such person shall otherwise comply with provisions of such rules,
regulations and determinations, to the extent the foregoing are applicable
to such person under provisions thereof.
E.
The Borough reserves the right to require any billing
unit constituting an industrial establishment which may have large
variations in rates of wastes flows to install suitable regulating
devices for equalizing waste flows to the sewer system.
[Amended 12-18-2018]
A.
The Borough through its agents, assigns or employees shall have the
right of access, at all reasonable times, to any part of any improved
property served by the sewer system as shall be required for purposes
of inspection, observation, measurement, sampling and testing and
for the performance of other functions relating to service rendered
by the Borough through its sewer system.
B.
The Borough shall have the right of access, at all reasonable times,
to any part of any improved property served by the sewer system as
shall be required for purposes of inspection, observation, measurement,
sampling and testing and for performance of other functions relating
to service rendered by the Borough through the sewer system.
A.
The furnishing and installation of meters or other
measuring devices which shall not be owned by the Borough, but which
shall be permitted or required under provisions of this article or
any rule or regulation of the Borough shall be the sole responsibility
of the owner. The installation or use of such meters or other measuring
devices at all times shall be subject to the approval of the Borough
and may be tested and inspected by the Borough whenever necessary.
The owner shall be responsible for the maintenance, safekeeping and
repair of any such meter, whether such repairs shall be made necessary
by ordinary wear and tear or other causes.
B.
The Borough shall be responsible for the reading of
all meters or other measuring devices and the same shall be available
to employees and agents of the Borough at all reasonable times.
C.
Representatives of the Borough shall have the right
of access at reasonable times to any part of any improved property
served by the sewer system and any meters used for purposes of establishing
or determining volumes for purposes of this article.
A.
The owner of any improved property connected to the
sewer system shall be responsible for all acts of tenants or other
occupants of such improved property insofar as such acts shall be
governed by provisions of this article.
B.
These rentals and charges herein specified and other
requirements hereof imposed on owners of improved property connected
to the sewer system are part of a contract and every owner of an improved
property who connects to the sewer system agrees to be bound by provisions
hereof.
C.
No officer or employee of the Borough is authorized
to vary rentals and charges imposed hereby or other provisions hereof
without action by the Council of the Borough.
D.
The Borough shall not be liable for a deficiency or
failure of service when occasioned by an emergency or required repairs,
or failure from a cause beyond its control; the Borough reserves the
right to restrict the use of the sewer system whenever public welfare
may require it; and the Borough shall not be responsible for any damage
or expense to any person or to an improved property or any billing
unit resulting from any leak, stoppage or defect in the sewer system.
[Amended 12-18-2018]
A.
The Borough reserves the right to adopt, from time to time, such
additional rules and regulations as it shall deem necessary and proper
in connection with use and operation of the sewer system, which rules
and regulations shall be, shall become and shall be construed as part
of this article.
B.
Any person who shall violate any provision of this article shall,
upon conviction in a summary proceeding 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 court costs and
reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
The remedies listed in this article are not exclusive of any other
remedies available under the applicable federal, state or local law,
and it is with the discretion of the Borough to seek cumulative remedies.
