[Adopted 6-13-1972 by Ord. No. 293 (Ch.
18, Part 2 of the 1996 Code)]
[Amended 4-23-1996 by Ord. No. 509]
Unless the context specifically and clearly
indicates otherwise, the meaning of terms and phrases used in this
article shall be as follows:
The Municipal Authority of the Borough of Coopersburg, a
Pennsylvania municipality authority, acting by and through its Board
or, in appropriate cases, acting by and through its authorized representatives.
Includes, as applicable, each of the following: a commercial
establishment, a dwelling unit, an industrial establishment and an
institutional establishment.
The quantity of oxygen, expressed in ppm, utilized in the
biochemical oxidation of organic matter under standard laboratory
procedure 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.
The Borough of Coopersburg, Lehigh County, Pennsylvania,
municipality of the Commonwealth of Pennsylvania, 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 used or intended
for use in the operation of one business enterprise for the sale and
distribution of any product, commodity, article or service or used
or intended for use for any social, amusement, religious, educational,
charitable or public purpose and containing plumbing facilities for
kitchens, toilets, or washing facilities.
Any rooms, group of rooms, building or other enclosure occupied
or intended for occupancy as separate living quarters by a family
or other group of persons living together or by a person living alone.
Solid wastes resulting from preparation, cooking and dispensing
of food and from handling, storage and sale of produce.
Any property located within this Borough upon which there
is erected or created 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 waste shall be or
may be discharged.
Any room, group of rooms, building or other enclosure used
or intended for use, in whole or in part, in the operation of one
business enterprise for manufacturing, fabricating, 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 solid, liquid or gaseous substance or waterborne wastes
or form of energy rejected or escaping in the course of any industrial,
manufacturing, trade or business process or in the course of the development,
recovery or processing of natural resources, as distinct from sanitary
sewage.
Any room, group of rooms, building or other enclosure which
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.
Any individual, partnership, company, association, society,
corporation or other group or entity, including a municipal authority
and any municipal subdivision.
The logarithm of the reciprocal of the weight of hydrogen
ions, expressed in grams per liter of solution, and indicates the
degree of acidity or alkalinity of a substance.
The normal water-carried household and toilet wastes from
any improved property.
The interceptor line, sewage treatment plant and related
facilities owned by Upper Saucon Authority and leased to the Township
for operation and use for the purpose, inter alia, of transportation,
treatment and disposition of sanitary sewage and certain industrial
wastes which may be collected in the sewer system, including all additions
thereto.
Any pipe, main or conduit constituting a part of the sewer
system and used for collection and transportation of sanitary sewage
and industrial wastes.
All facilities, as of any particular time, for collecting,
transporting and disposing of sanitary sewage and industrial wastes,
situate in this Borough, owned by the Authority and leased to this
Borough for operation and use.
The Township of Upper Saucon, Lehigh County, Pennsylvania.
The agreement, dated as of October 15, 1970, as supplemented,
between the Authority and the Borough, on the one hand, and Upper
Saucon Authority and the Township, on the other hand, including all
future supplements and amendments thereto.
Upper Saucon Township Municipal Authority, a Pennsylvania
municipality authority.
The facilities owned by the Authority and used for the supply
of water to the public in the Borough.
[1]
Editor's Note: Former § 177-14,
Sewer rentals or charges, was repealed 10-23-2007 by Ord. No. 599.
[Amended 2-12-1985 by Ord. No. 393; 11-12-1985 by Ord. No.
399; 6-9-1987 by Ord. No. 420; 3-27-1990 by Res. No. 5-90; 12-11-1990 by Res. No. 7-90; 12-12-1995 by Ord. No. 503; 2-25-1997 by Ord. No.
516]
Sewer rental charges for sewage and industrial
waste discharged into the sewerage system shall be determined as follows:
A.
Billing basis for residential users.
(1)
Sewer rental charges for sewage discharged into the
sewerage system from any improved property constituting an equivalent
residential dwelling unit shall be comprised of the sum of the following
two charges:
(a)
A fixed or constant fee per unit per quarter
annum; and
(b)
A flow charge per 1,000 gallons which flow shall
be determined by the water meter reading at the beginning and end
of the quarter annum for which the bill is rendered or, in the absence
of a water meter, on the basis of 150 gallons per day (GPD) for apartments,
condominiums and mobile home dwellings and on the basis of 200 GPD
for all other dwelling units.
(2)
If metering is impractical, a customer shall have
the right to petition the Borough for special study by the Borough
to determine an equitable rate. All such petitions shall be filed
in the office of the Borough Secretary.
(3)
There shall be a minimum charge equal to the fixed
or constant fee per unit per quarter annum for each improved property
which is connected to the sewerage system.
B.
Billing basis for commercial, institutional and industrial
users.
(1)
Sewer rental charges for sewage and/or industrial
waste discharged into the sewerage system from any improved property
constituting a commercial, institutional or industrial user shall
be comprised of the sum of the following two charges plus any additional
or exceptional strength charges as hereinafter provided:
(a)
A fixed or constant fee per equivalent dwelling
unit (EDU) per quarter annum. The number of EDUs for a customer shall
be determined by converting water consumption into EDUs on the basis
of 200 GPD per EDU, using the water consumption for the preceding
year and shall not exceed a maximum of 10 EDUs for each improved property.
In the absence of water consumption records for the entire preceding
year, the EDUs shall be determined by converting the water consumption
data which is available or, in the absence of any water consumption
data, on the basis of the Borough estimate.
(b)
A flow charge per 1,000 gallons, which flow
shall be determined by the water meter reading at the beginning and
end of the billing period for which the bill is rendered.
(2)
In order to implement this sewer billing system all
commercial, institutional and industrial users shall install water
meters or other methods of determining volume of water consumption
satisfactory to the Borough. In the absence of a method of measuring
volume or water consumption, the Borough shall use an estimate.
(3)
Notwithstanding the rates charges in Subsection B(1)(a) and (b), all commercial, institutional and industrial users shall pay a minimum charge equal to the fixed or constant fee times the number of EDUs as determined by the Classification of Nonresidential Users Table which follows:
|
Borough of Coopersburg User Charge
| ||||
|---|---|---|---|---|
|
Classification of Nonresidential Users
| ||||
|
Classification
|
Number of EDUs
| |||
|
(1)
|
Residential dwelling unit
|
1
| ||
|
(2)
|
Commercial establishments:
| |||
|
(a)
|
Each social hall
|
1
| ||
|
(b)
|
Each church
|
1
| ||
|
(c)
|
Each retail gasoline station
|
1 1/2
| ||
|
(d)
|
Each motel, hotel or other establishment providing
overnight facilities and each nursing or convalescent home which has
private toilet or washing facilities in or connected to a room
|
1/2 per room
| ||
|
(e)
|
Each motel, hotel or other establishment providing
overnight facilities and each nursing or convalescent home which does
not have private toilet or washing facilities in or connected to a
room
|
1/3 per room
| ||
|
Wherever a restaurant or bar room is conducted
in connection with any motel or hotel, a separate sewer rental or
charge shall be imposed for such facilities in accordance with the
classification set forth in Subsection (f), below
| ||||
|
(f)
|
Each restaurant, bar room or other commercial
establishment which regularly dispenses food or beverages for consumption
on the premises
|
1/12 per employee plus 1/10 per seat, subject
to a minimum of 2 EDUs. An owner shall be considered an employee for
purposes of computing EDUs
| ||
|
(g)
|
Each retail store, business or professional
office, barber shop or beauty shop (not operated in a home by the
home owner or tenant of the home)
|
1
| ||
|
(h)
|
All the other commercial establishments not classified above and not constituting a combination dwelling unit and commercial establishment as classified in Subsection (3), below
|
1/12 per occupant plus 7/8 per public rest room,
subject to a minimum of 1 1/2 EDUs. An owner shall be considered
an employee for purposes of computing EDUs
| ||
|
(3)
|
Each combination dwelling unit and commercial
establishment located in one structure and owned or occupied and operated
by the same person except where the commercial establishment is a
restaurant, bar room or other commercial establishment which regularly
dispenses food or beverages for consumption on the premises
|
1 1/2
| ||
|
(4)
|
Institutional establishments:
| |||
|
(a)
|
Each public or private school per full-time
pupil, teacher or employee
|
1/16 per student, teacher or employee
| ||
|
(b)
|
Each public or private school per part-time
pupil, teacher or employee
|
1/32 per student, teacher or employee
| ||
C.
User charge rates. The unit fixed or constant fee
and the flow charge per 1,000 gallons shall be the same for all classifications
of users of the sewerage system and shall be the effective rate established
by this Borough, by resolution from time to time, for the billing
period for which the sewer rental or charge is rendered.
D.
Multiple units. Each billing unit located in a multiple
unit shall be billed as a separate entity, and the foregoing sewer
rentals or charges, as appropriate, shall be used in computing the
sewer rentals or charges applicable to each such billing unit as though
such billing units was a separate structure and had a direct and separate
connection to the sewerage system; provided, however, that this shall
not be applicable to a combination dwelling unit and commercial establishment
as specified in Subsection (3) in the Classification of Nonresidential
Users Table included in this article.
E.
User classification charges.
(1)
If the use or classification of any improved property
shall change during any billing period, the sewer rental or charge
shall be adjusted by this Borough, by prorating on a monthly basis
to the nearest calendar month, with a credit or charge, as shall be
appropriate under the circumstances, being made on the statement for
the next succeeding billing period.
(2)
This Borough reserves the right, from time to time,
to establish additional user classifications and to establish billing
rates therefore; and this Borough further reserves the right, from
time to time, to alter, modify, revise and/or amend user classifications
and the billing applicable thereto.
H.
Bypass cooling water use. Whenever an improved property
or, if applicable, a billing unit or billing units located therein,
constituting a commercial, institutional or industrial establishment
shall use water for cooling or unpolluted commercial or industrial
process purposes and all or part of the water so used shall not be
discharged into the sewerage system, the volume used as the measure
of discharge of sewage and/or industrial wastes in computing sewer
rentals or charges pursuant to this article may be adjusted by one
of the following methods:
(1)
By installing a meter or other measuring device on
the connection to the sewerage system. The readings from such meter
or measuring device shall be used as the measure of discharge of sewage
and or industrial waste in computing sewer rentals or charges.
(2)
By installing a meter or other measuring device to
measure the volume not being discharged into the sewerage system.
The readings from such meter or measuring device shall be deducted
from the total water meter readings and the remainder shall be used
as the measure of discharge of sewage and/or industrial wastes in
computing sewer rentals or charges.
(3)
If it is not practical, in the opinion of this Borough,
to install a meter or other measuring device to determine continuously
the volume not discharged into the sewerage system, this Borough shall
determine in such manner and by such method as it may prescribe, the
percentage of metered water which is being discharged into the sewerage
system. The quantity of water used as the measure of discharge of
sewage and/or industrial wastes in computing sewer rentals or charges
shall be the percentage so determined of the quantity measured by
the water meter or meters. Any dispute as to such estimated percentage
shall be submitted to this Borough, after notice of such estimate.
The decision of this Borough with respect to the matter shall be final
for the then current calendar year.
[1]
Editor's Note: Former § 177-16,
Time and method of payment, was repealed 10-23-2007 by Ord. No. 599.
[1]
Editor's Note: Former § 177-17,
Liens for sewer rentals; filing and collection, was repealed 10-23-2007
by Ord. No. 599.
A.
Methods of measuring volume.
(1)
Whenever the entire water supply of an improved property
or, if applicable, a billing unit or billing units located therein,
constituting an industrial establishment, which shall be discharging
sanitary sewage and/or industrial wastes into the sewer system, is
supplied by the water system, the volume of water furnished, as determined
from meter readings of the water system, shall be used as the measure
of discharge of sanitary sewage and/or industrial wastes in computing
sewer rentals or charges, subject to adjustment, if appropriate, as
provided in this article.
(2)
Whenever an improved property or, if applicable, a
billing unit or billing units located therein, constituting an industrial
establishment, which shall be discharging sanitary sewage and/or industrial
wastes into the sewer system, shall have a source of water supply
in addition to or other than the water system, the owner of such improved
property shall provide a meter or meters on such additional or other
source or sources of water supply. The total volume of water consumed,
as determined from the meter readings of the water system and the
meter readings of the meter or meters on such additional or other
source or sources of water supply, or the meter readings of the meter
or meters on such other source or sources of water supply, as appropriate,
shall be used as the measure of discharge of sanitary sewage and/or
industrial wastes in computing the sewer rentals or charges, subject
to adjustment, in appropriate, as provided in this article.
(3)
Whenever an improved property or, if applicable, a
billing unit or billing units located therein, constituting an industrial
establishment, shall use water from the water system and/or water
from a source or sources of supply in addition to or other than the
water system for cooling or unpolluted commercial or industrial process
purposes and all or part of the water so used shall not be discharged
into the sewer system, the volume used as the measure of discharge
of sanitary sewage and/or industrial wastes in computing sewer rentals
or charges may be adjusted by one of the following methods:
(a)
By installing a meter or other measuring device
on the connection to the sewer system. The readings from such meter
or measuring device shall be used as the measure of discharge of sanitary
sewage and/or industrial wastes in computing sewer rentals or charges.
(b)
By installing a meter or other measuring device
to measure the volume not being discharged into the sewer system.
The readings from such meter or measuring device shall be deducted
from the total water meter readings and the remainder shall be used
as the measure of discharge of sanitary sewage and/or industrial wastes
in computing sewer rentals and charges.
(c)
If it is not practical, in the opinion of this
Borough, to install a meter or other measuring device to determine
continuously the volume not discharged into the sewer system, this
Borough shall determine in such manner and by such method as it may
prescribe, the percentage of metered water which is being discharged
into the sewer system. The quantity of water used as the measure of
discharge of sanitary sewage and/or industrial wastes in computing
sewer rentals or charges shall be the percentage so determined of
the quantity measured by the water meter or meters. Any dispute as
to such estimated percentage shall be submitted to this Borough, after
notice of such estimate. The decision of this Borough with respect
to the matter shall be final for the then current calendar year.
(4)
Whenever an industrial establishment shall discharge
only industrial wastes into the sewer system, the volume of water
used, measured as herein provided, shall be used as a measure of the
quantity of industrial wastes so discharged.
(5)
Whenever an industrial establishment shall discharge
combined sanitary sewage and industrial wastes into the sewer system,
the volume of water used, measured as herein provided, chargeable
as industrial wastes shall be the total volume of water used, less
the volume of water determined to be sanitary sewage. The volume of
water determined to be sanitary sewage shall be determined, at the
option of the Borough, in either of the following ways:
B.
Measuring devices. Meters or other measuring devices
which shall be available in connection with the water system, but
which shall be required or permitted under provisions of this article,
shall be furnished and installed in accordance with specifications
of this Borough by the owner of the improved property at his expense,
shall be under the control of this Borough and may be tested, inspected
or repaired by this Borough whenever necessary. The owner of the improved
property upon which such meter or other measuring device shall be
installed shall be responsible for its maintenance and safekeeping
and all repairs thereto shall be made at the expense of the owner,
whether such repairs shall be made necessary by ordinary wear and
tear or other causes. Bills for such repairs, if made by this Borough,
shall be due and payable immediately upon completion of such repairs
and shall be collected in the same manner as quarterly bills for sewer
rentals or charges.
C.
Meter readings. This Borough, except to the extent
that meter readings are made by any other person in connection with
the water system and are made available to this Borough for purposes
of the article, shall be responsible for the reading of all meters
or other measuring devices and the same shall be available to this
Borough at all reasonable times.
A.
Approval required for industrial wastes. No person
shall discharge or cause to be discharged into the sewer system any
industrial wastes except upon application to this Borough and upon
receipt of a written permit therefor from this Borough.
B.
Required survey data. Any person desiring to make
or use a connection to the sewer system through which industrial wastes
shall be discharged into the sewer system shall file with this Borough
an Industrial Wastes Questionnaire, to be furnished by this Borough
which shall supply to this Borough pertinent data, including estimated
quantity of flow, characteristics and constituents, with respect to
industrial wastes proposed to be discharged into the sewer system.
The cost of obtaining all such data shall be borne by the person desiring
to make or use a connection to the sewer system.
C.
Control manholes.
(1)
Any person who shall discharge industrial wastes into
the sewer system, when required by this Borough, shall construct and
thereafter properly shall maintain, at his own expense, a suitable
control manhole and other devices as may be approved by this Borough
to facilitate observation, measurement and sampling by this Borough
of industrial wastes discharged to the sewer system.
(2)
Any such control manhole, when required by this Borough,
shall be constructed at an accessible, safe, suitable and satisfactory
location in accordance with plans approved by this Borough prior to
commencement of construction.
D.
Changes in type of wastes. Any industrial establishment
discharging sanitary sewage and/or industrial wastes into the sewer
system and contemplating a change in the method of operation which
will alter the characteristics and/or volumes of wastes at the time
being discharged into the sewer system shall notify this Borough,
in writing, at least 10 days prior to consummation of such change.
E.
Interceptors. Grease, oil and sand interceptors shall
be provided by the owner of any industrial establishment, when required
by this Borough, for the proper handling of liquid wastes containing
grease in excessive amounts or any inflammable wastes, sand or other
harmful ingredients. Any interceptor, when required by this Borough,
shall be of a type and capacity approved by this Borough and constructed
or installed at an accessible, safe, suitable and satisfactory location
in accordance by this Borough prior to installation or commencement
of construction.
F.
This Borough reserves the right to require industrial
establishments having large variations in rates of waste discharge
to install suitable regulating devices for equalizing waste flows
to the sewer system.
This Borough shall have the right of access
at reasonable times to any part of improved property served by the
sewer system and any meters used for purposes of inspection, measurement,
sampling and testing and for performance of other functions relating
to service rendered by this Borough in connection with the sewer system.
A.
No person shall discharge or cause to be discharged
any stormwater, surface water, spring water, groundwater, roof runoff,
subsurface drainage, building foundation drainage, cellar drainage,
drainage from roof leader connections, uncontaminated cooling water
or unpolluted industrial process waters into any sewer.
B.
This 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 and to prevent discharges deemed harmful
or to have a deleterious effect upon any sewer or the sewer system
or the sewage disposal system.
C.
No sanitary sewage or industrial wastes shall be discharged
to the sewer system:
(1)
Containing any gasoline, benzene, naptha, fuel oil
or other inflammable or explosive liquids, solids or gases.
(2)
Containing toxic or poisonous solids, liquids, or
gases in sufficient quantity, either singly, or by interaction with
other wastes, to injure or interfere with any sewage treatment process,
constitute a hazard to humans or animals, create a public nuisance
or create any hazard in the receiving waters of the sewage treatment
plant constituting part of the sewage disposal system including, but
not limited to, cyanides in excess of two mg/l as CN in the wastes
as discharged to a sewer.
(3)
Having pH lower than 5.5 or having any other corrosive
property capable of causing damage or hazard to structures, equipment
and personnel of the sewage works constituting part of the sewage
disposal system.
(4)
Containing solid or viscous substances in quantities
or of such size capable of causing obstruction to the flow in sewer
or other interference with the proper operation of the sewage treatment
plant constituting part of the sewage disposal system, such as, but
not limited to, ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, unground garbage, whole
blood, paunch manure, hair and fleshings, entrails and paper dishes,
cups or milk containers, either whole or ground by garbage grinders.
(5)
Having a temperature higher than 150° F (65°
C).
(6)
Containing fats, wax, grease or oils, whether emulsified
or not, in excess of 100 mg/l or containing substances which may solidify
or become viscous at temperatures between 32° F and 150° F
(0° C and 85° C).
(7)
Containing any garbage that has not been properly
shredded. The installation and operation of any garbage grinder equipped
with a motor of 3/4 horsepower (0.78 hp metric) or greater shall be
subject to the review and approval of this Borough.
(8)
Containing strong acid iron pickling wastes or concentrated
plating solutions whether neutralized or not.
(9)
Containing iron, chromium, copper, zinc, and similar
objectionable or toxic substances; or wastes exerting an excessive
chlorine requirement, to such degree that any such material received
in the composite sewage at the sewage treatment plant constituting
part of the sewage disposal system exceeds the limits establishment
by the Township for such materials.
(10)
Containing phenols or other taste- or odor-producing
substances, in such concentrations exceeding limits which may be established
by this Borough as necessary, after treatment of the composite sewage,
to meet the requirements of the state, federal or other public agencies
for such discharge to the receiving waters.
(11)
Containing radioactive wastes or isotopes of
such half-life or concentration as may exceed limits established by
this Borough in compliance with applicable state or federal regulations.
(12)
Having a pH in excess of 9.5.
(13)
Containing materials which exert or cause:
(a)
Unusual concentrations of inert suspended solids
(such as, but not limited to, Fuller's earth, lime, slurries, and
lime residues) or of dissolved solids (such as, but not limited to,
sodium chlorine and sodium sulfate.)
(b)
Excessive discoloration (such as, but not limited
to, dye wastes and vegetable tanning solutions).
(c)
Unusual BOD, chemical oxygen demand or chlorine
requirements in such quantities as to constitute a significant load
on the sewage treatment plant constituting part of the sewage disposal
system.
(d)
Unusual volume of flow or concentration of wastes
constituting "slugs," as such term is used by sanitary engineers.
(14)
Containing substances which are not amenable
to treatment or reduction by the sewage treatment processes employed
by the sewage disposal system, or are amenable to treatment only to
such degree that the sewage treatment plant effluent cannot meet the
requirements of other agencies having jurisdiction over discharge
to the receiving waters.
(15)
Notwithstanding the above provisions, any waste
containing substances or having other characteristics which violate
provisions of the treatment agreement or which are prohibited by the
Township to be discharged into the sewage disposal system.
D.
Pretreatment facilities.
(1)
Where necessary all owners shall install suitable pretreatment facilities in order to comply with Subsection C.
(2)
Plans, specifications and any other pertinent information
relating to proposed facilities for preliminary treatment and handling
of wastes shall be submitted for approval of this Borough and no construction
of any such facility shall be commenced until approval thereof first
shall have been obtained, in writing, from this Borough, and until
approval thereof first shall have been obtained from any governmental
regulatory body having jurisdiction.
(3)
Whenever facilities for preliminary treatment and
handling of 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 this Borough shall have access
to such facilities at reasonable times for purposes of inspection
and testing.
E.
Nothing contained in this section shall be construed
as prohibiting any special agreement or arrangement between this Borough
and any person whereby industrial wastes of unusual strength or character
may be admitted into the sewer system by this Borough either before
or after preliminary treatment, provided such special agreement or
arrangement also is approved by the Township.
The owner of each 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.
This 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.
[Amended 4-23-1996 by Ord. No. 509]
A.
Any user who is found to have violated an order of
the Borough Council or willfully or negligently fails to comply with
any provision of this article and with the orders, rules, regulations
and permits issued hereunder shall, upon conviction thereof, be sentenced
to a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day in which a violation shall occur or continue to occur
shall be deemed a separate and distinct offense.
B.
In addition to the penalties provided herein, the
Borough may recover penalties, damages, costs, reasonable attorney's
fees, court costs, court reporters' fees and other expenses of litigation
by appropriate suit at law against the person or user found to have
violated this article or the orders, rules, regulations and permits
issued hereunder.
