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]