[Adopted 3-22-1961 by Ord. No. 513]
All owners of property now connecting with and having use of the sewers, sewage system and sewage treatment plant, hereinafter called the sewer system of the Borough of Baden, Pennsylvania, and all owners of property who may thereafter connect and have the use of the said sewer system, and the Municipal Authority of the Township of Harmony and Harmony Township, who will connect to the sewer system, shall pay sewer rental as hereinafter provided for the use, whether directly or indirectly, of such sewage facilities in accordance with the following rental schedule and regulations.
[Amended 6-17-1981 by Ord. No. 731; 12-18-1985 by Ord. No. 763; 3-18-1987 by Ord. No. 771; 12-20-1995 by Ord. No. 830; 9-16-2009 by Ord. No. 907]
The sewer rentals hereby imposed shall be effective from and after January 1, 1961, and shall be payable quarterly based upon and in accordance with the following schedule of rates and classifications.
A. 
Sewage collection and treatment rates and other charges.
(1) 
The Borough hereby adopts whatever schedule of fees and classifications is established by the Baden Borough Municipal Authority, established by means of a resolution or proper approval of a motion by the Authority's Board.
(2) 
The aforementioned schedule of fees and classifications shall be provided to the Borough when a budget is approved on an annual basis. Furthermore, if any changes are made by the Authority in the interim to its schedule of fees, then an amended schedule shall also be provided to the Borough at that time.
B. 
Industrial and commercial water users and schools. The Borough adopts only those rules and regulations established by the Authority, from time to time, by means of a resolution or proper approval of a motion by the Authority's Board relative to industrial and commercial water users and schools. Those provisions in this section contrary to the Authority's current rules and regulations are hereby revoked, while the others remain in effect along with all other Authority rules and regulations that are not recounted in this legislative section.
(1) 
The volume of water to be used for billing sewer rentals to users of the sewer system shall include any and all metered water purchased from the Borough of Baden or any water obtained from any other source as determined by meters installed and maintained by the Borough, by meters installed and maintained by the user as approved by the Borough, or from estimates or measurements made by the Borough.
(2) 
Exclusion from the sewer system of noncontaminated wastewaters and waters used solely for cooling purposes may be required by the Authority, or such exclusion may be optional with the user if not required by the Authority. When such waters are excluded, the sewer rental shall be based on total water consumption, less water excluded at the rates stipulated above.
(3) 
The Authority may require a user, or the user may elect to install, pay and maintain a meter approved by the Authority for measuring wastewaters discharged into the sewer system, in which case the sewer rental shall be based on the actual quarterly volume of wastes discharged to the sewer system, said rentals shall be computed at the rates as stipulated above.
(4) 
Gross sewer rentals to industrial establishments discharging wastewaters to the sewer system shall be not less than $1.50 per employee per quarter, based upon the average number of persons employed per working day during the quarter immediately preceding the billing. The total billing to the above-mentioned establishments for any quarter shall not be less than 50% of the maximum billing of any one of the three consecutive preceding quarters.
(5) 
Users discharging sewage and/or wastes with an average suspended solids content greater than 250 parts per million and a chlorine demand in excess of 15 parts per million shall pay a strength of waste surcharge of 1/10 of 1% for each part per million by which the suspended solids of the waste exceed 250 parts per million, plus 1/2 of 1% for each part per million by which the chlorine demand exceeds 15 parts per million. Surcharges shall be applicable to billing for sewer rentals stipulated above. The strength of waste to be used for establishing the amount of surcharge will be determined at least once annually either by suitable sampling and analysis of the wastes for a three-day period during which time the strength of waste being discharged or production is at a maximum, or by relating production and waste strength at the time of sampling to waste strength at maximum production, or from estimates, or from known relationships of products produced to strengths of waste for those industries where such factors have been established.
(6) 
School rates shall be as follows:
(a) 
Minimum per quarter, up to 280,000 gallons: $200
(b) 
Over 280,000 gallons: $0.70 per 1,000.
(c) 
The Baden School District shall be considered as one user and have one minimum charge regardless of the number of buildings.
(7) 
Additional classifications and sewer rentals or modifications of the above schedule of sewer rentals may be established by the Authority from time to time as deemed necessary; subject, however, to the consent of the Town Council, and the enactment of a new ordinance.
C. 
Sewage collection and treatment rates and other charges for customers outside of Baden Borough.
(1) 
The Borough hereby adopts whatever schedule of fees and classifications is established by the Baden Borough Municipal Authority by means of a resolution or proper approval of a motion by the Authority's Board so long as the calculation is lawful and not contrary to any service agreement.
(2) 
The aforementioned schedule of fees and classifications shall be provided to the Borough when a budget is approved on an annual basis. Furthermore, if any changes are made by the Authority in the interim to its schedule of fees, then an amended schedule of fees shall also be provided to the Borough at that time.
[Amended 9-16-2009 by Ord. No. 907]
The Borough adopts only those rules and regulations established by the Authority, from time to time, by means of a resolution or proper approval of a motion by the Authority's Board characterized as "miscellaneous provisions." Those provisions in this section contrary to the Authority's current rules and regulations are hereby revoked, while the others remain in effect along with all other Authority rules and regulations that are not recounted in this legislative section. An updated book of the Baden Borough Municipal Authority's rules and regulations shall be provided to the Borough along with any changes made thereto in the future.
A. 
The sewer rentals hereby imposed shall be effective for the quarter beginning January 1, 1961, and thereafter shall be payable quarterly. Sewer rental billings shall be made at least quarterly in each year for the quarterly period immediately preceding the date of the bill. Such bills shall be due and payable at face for a period of 15 days following the date the bill is rendered; thereafter a penalty of 10% shall be added. Users may pay an estimated bill for the first two months of the quarter and the balance due for the quarter upon the billing for said quarter.
B. 
Where a single meter is used to measure water used by two or more dwelling units, premises, properties or establishments, the minimum rental will be charged for each dwelling unit, plus gallonage as above in § 152-12A.
C. 
Whenever sewer service to any property begins after the first day or terminates before the last day of any calendar quarter, the minimum, per employee sewer rentals for such period shall be a pro rata amount for that portion of the period during which said property is served; provided, however, that in making any such apportionment a fraction of a calendar month amounting to 1/2 or more of a calendar month shall be counted as a full month, and a fraction of a calendar month amounting to less than 1/2 of a calendar month shall be disregarded.
D. 
The Authority's representative shall have access at all times to any user using any meter or meters for establishing or determining water consumption or water excluded from the sewer system or sewage and/or wastewater discharged to the sewer system.
E. 
Users shall install fine screens to remove husks, hulls, vegetable skins and peelings, threads, lint, grease and any and all such materials considered by the Authority to overload, impair the efficiency of or cause difficulties in the operation of the sewers, treatment plant or other sewer facilities.
F. 
The Authority reserves the right to refuse connection to an Authority sewer or to compel discontinuance of use of a sewer or to compel pretreatment of waste by any user in order to prevent discharge to the sewer deemed to be harmful to the sewage treatment or sludge-handling process.
G. 
Users discharging wastes in excess of 50,000 gallons per day, having variations in the rate of discharge, shall install suitable holding tanks for equalizing the rate of discharge uniformly over the entire 24 hours of the day. The peek rate of discharge for any such user shall not exceed 150% of the average daily discharge at any time.
H. 
Each sewer rental or charge hereby imposed shall be a lien on the property served by the sewage system of the Borough of Baden, and such lien may be filed in the office of the Prothonotary and collected in the manner provided by law for the filing and collection of municipal claims. Any such lien shall be filed by the Borough Solicitor. The attorney's fee therefor and any legal costs thereof shall be advanced out of the sewer system fund.
I. 
Neither the Borough of Baden nor the Municipal Authority of the Borough of Baden, Beaver County, Pennsylvania, shall be liable for any damage resulting from leaks, broken pipes or from any other cause occurring to or within any house or building between the sewer line and any house or building, and neither the said Borough nor the Authority shall be liable to any owner for any claim for damage arising by reason of leaking or breaking of any main, trunk, interceptor, lateral or building connection, sewer line or any attachment to the sewer.
J. 
The duly authorized agents of the Borough and the Municipal Authority shall have access at all reasonable hours of the day to all parts of the premises to which sewer service is supplied to make necessary inspections.
[Added 5-15-1985 by Ord. No. 759]
A. 
Any person who shall violate any provision of this article shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default of payment of such fine and costs, by imprisonment in the county jail for a term of not more than 30 days.
B. 
Whenever possible, the Borough hereby delegates any and all authority to the Baden Municipal Authority to enforce the provisions of Chapter 152 and its own rules and regulations, including the collection of fees and prosecution for any violations. The Borough shall cooperate in these actions whenever necessary. Although such is not mandatory, the Authority currently delegates collection/enforcement to the Borough, for which the Borough is compensated by a portion of the annual payment made by the Authority to the Borough. Such practice shall continue unless the Authority decides that collection/enforcement shall be handled otherwise.
[Added 9-16-2009 by Ord. No. 907]