[Adopted 5-2-1968 by Ord. No. 106 (Ch.
VI, Art. 2, Sec. 202, of the 1976 Ordinance Book)]
As used in this article, the following terms
shall have the meanings indicated:
Middletown Township, Delaware County, Sewer Authority, a
Pennsylvania municipality authority.
The quantity of oxygen, expressed in parts per million by
weight, 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 Sewage," published
by the American Public Health Association.
The group of elected officials acting as the governing body
of the Township.
Equivalent dwelling unit.
Any solid, liquid or gaseous substance 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.
The ratio of parts by weight of material under consideration
to 1,000,000 parts by weight of sewage. Metric conversion will be
milligrams per liter (mg/l).
Any individual, partnership, company, association, society,
corporation or other group or entity.
The logarithm of the reciprocal of the hydrogen ion concentration
expressed in moles per liter and indicates the degree of acidity or
alkalinity of a substance.
A person or property where the principal building is within
150 feet of the sewer system, regardless of whether or not sewage
can be carried away by gravity.
Normal water-carried household and toilet wastes from residences,
business buildings, institutions and industrial establishments.
All facilities, as of any particular time, for collecting,
pumping, transporting, treating and disposing of sewage and industrial
wastes, situate in or adjacent to the Township and owned, maintained
and operated by the Township, the Sewer Authority or their designated
agents.
Any discharge of water, sewage or waste exceeding a concentration
or flow greater than five times that of the average twenty-four-hour
discharge from the person, which is discharged continuously for a
period longer than 15 minutes.
Solids that either float on the surface of or are in suspension
in water, sewage, or other liquids and which are removable by laboratory
filtration.
A charge assessed by the Middletown Township, Delaware County,
Sewer Authority for each connection as determined by the Authority
from time to time and established by resolution.
The Township of Middletown, Delaware County, Pennsylvania,
acting by or through its Council or, in appropriate cases by and through
its authorized representatives.
Any poisonous substance.
Wastewater treatment facility owned by Southwest Delaware
County Municipal Authority in Aston Township, Aston, Pennsylvania,
servicing Middletown Township by contract dated January 10, 1968.
The public agency or private company furnishing water services
to the particular property connected to the sewer system.
There is hereby imposed upon each owner of property
connecting to the sewer system a connection charge of $200 for each
connection to a lateral of the sewer system at the curb or property
line constructed during the 1968 sewer system construction project.
The Authority shall, by resolution, establish a tapping fee.
[Amended 11-22-2010 by Ord. No. 716]
There is hereby imposed upon each property in
the Township which can be serviced by the sewer system and having
the use thereof an annual or quarterly sewer rent or charge payable
as hereinafter provided (such rent or charge having been determined,
to the extent required by law, by the Authority) for the use, whether
direct or indirect, of the sewer system, based on the schedules of
classifications and rates or charges hereinafter set forth.
[Amended 6-26-2000 by Ord. No. 603; 11-24-2008 by Ord. No. 701; 11-22-2010 by Ord. No. 716; 12-10-2012 by Ord. No. 734; 12-9-2013 by Ord. No.
742; 11-24-2014 by Ord. No. 753; 11-23-2015 by Ord. No. 762; 1-3-2017 by Ord. No. 774; 12-11-2017 by Ord. No. 789; 12-13-2021 by Ord. No. 839; 11-28-2022 by Ord. No. 846[1]]
Rates shall be as follows:
A.
The annual charge per equivalent dwelling unit (EDU) is increased
from $630 to $665 for the calendar year 2023 and each year thereafter
until amended.
B.
Each other user shall pay a quarterly rental for sanitary sewage
service based on the quantity of water used, as evidenced by meter
readings of water meters installed and maintained by the water supplier
for the purpose of measuring water purchased from said supplier and
such other meters, including metered sewer flows, as may be installed
pursuant to any provision of this article and subject to the minimum
charge hereinafter provided, all as follows:
|
Classification
|
Water Consumed/Metered Sewer Flows
|
Rate Per Quarter
|
|---|---|---|
|
Other users
|
0 to 24,000 gallons
|
$183.20 for the calendar year 2023 and each year thereafter
until amended
|
|
Above 24,000 gallons
|
$7.57 per 1,000 gallons (or portion thereof) for the calendar
year 2023 and each year thereafter until amended
| |
|
Multiple use
|
—
|
In case of a combination of one or more private dwellings or living units with one or more commercial establishments in one building, each of which has the use of the sewer system through one sewer connection, each such dwelling or living unit and each such commercial establishment shall be charged the applicable foregoing rates under Subsection A or B, as applicable, as though each thereof was in a separate structure and as though each had a direct and separate connection to the sewer system.
|
[1]
Editor’s Note: This ordinance also provided that the
effective date of the new rates would be 1-1-2023 and that the implementation
of these rates would commence with the 1-1-2023 billing cycle for
residential customers and the 2-15-2023 quarterly billing cycle for
commercial and industrial customers.
A.
The sewer rentals and charges for collection and treatment of industrial wastes discharged into the sewer system shall be made in accordance with § 180-10 above. In addition thereto, further charges shall be made for all sewage discharged into the sewer system having suspended solids and biochemical oxygen demand in excess of the following concentrations:
B.
The additional charge for sewage having concentrations
in excess of the foregoing shall be based on the strength factor determined
according to the following formula:
|
Factor = 0.60 + 0.10 (BOD in ppm*)/(300) + 0.30
(SS in ppm*)/(350)
| ||
|---|---|---|
|
* NOTE: Where these figures are less than 300
ppm in BOD or 350 ppm in suspended solids, the value in the parentheses
shall be equal to one.
| ||
C.
In cases where the suspended solids, in the opinion
of the Township, do not represent the true characteristics of the
solids loading, the Township reserves the right to use total solids
instead of suspended solids.
D.
No industrial user shall begin or continue to discharge
any industrial waste into the sewer system until he has first submitted
a written application to the Township for permission to do so, accompanied
by a detailed report prepared by a sanitary engineer registered in
Pennsylvania and satisfactory to the Township, setting forth such
information relating to such industrial waste as the Township may
require and until the Township shall have consented to such discharge.
A.
Methods of measuring volume.
(1)
Whenever a person purchasing all water used from the
water supplier discharges sanitary sewage into the sewer system, the
volume of water consumed, as determined from meter readings of the
water supplier, shall be used in computing the sewer rental.
(2)
In cases where dwellings and establishments have sources
of water supply in addition to or other than that of the water supplier,
those establishments shall provide a meter on such additional or other
source of supply. The total amount of water consumed, as shown by
these meter readings, will be used in computing the sewer rental.
(3)
In cases where establishments use water from the water
supplier and/or from an independent supply for industrial or recreational
purposes such that the water so used is not discharged into the sewer
system, the quantity of water used to determine the sewer rental shall
be computed by one of the following methods:
(a)
Method No. 1: 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 rental.
(b)
Method No. 2: by placing a meter or measuring
device on the effluent not discharging into the sewer system. The
readings 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 rental.
B.
No meters. When, in the opinion of the Township or its designated agents, it is not practical to install meters or measuring devices to determine the sewer rental under either Subsection A(2) or (3) of this section, the Township may determine, in such manner and by such method as it may prescribe, the total amount of sanitary sewage discharged into the sewer system, and the quantity so determined to be discharged shall be used to determine the sewer rental. Any dispute as to the estimated quantity shall be submitted to the Township after notice of the estimate to the property owner. The decision of the Township on the matter shall be final for the current year.
C.
Measuring devices. All meters or other measuring devices
not provided by the water supplier but required to be used under the
provisions of this article shall be furnished and installed by the
property owner and shall be under the control of the Township and
may be tested, inspected or repaired by the Township employees whenever
the Township deems 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 at the property
owner's expense, whether such repairs are made necessary by ordinary
wear and tear or other causes. Bills for such repairs, if made by
the Township, 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.
D.
Meter reading. The Sewer Authority shall have the
right to read all meters or measuring devices, and they shall be available
to Authority employees for meter reading at any reasonable time. The
property owner shall keep meters safely accessible at all times.
No person shall discharge or cause to be discharged
any wastes which contain any direct stormwater, roof, surface or subsurface
drainage from stormwater inlets, sump pumps, floor drains, roof leaders
or discharge from tile fields nor any industrial waste, chemicals
or other matter (unless otherwise permitted, authorized or approved
by the Township):
A.
Having a temperature higher than 150° F;
B.
Containing more than 100 parts per million, by weight,
of fat, oil or grease;
C.
Containing any gasoline, benzine, naphtha, fuel oil
or other flammable or explosive liquids, solids or gas;
D.
Containing any unground garbage;
E.
Containing any ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, paunch manure or
any other solid or viscous substance capable of causing obstruction
or other interference with the operation of the treatment plant;
F.
Having a pH lower than 6.0 or higher than 9.0 or having
any other corrosive property capable of causing damage or hazard to
structures, equipment or personnel of the treatment plant;
G.
Containing a toxic or poisonous substance in sufficient
quantity to injure or interfere with any sewage treatment process,
constitute a hazard to humans or animals or create any hazard in the
receiving waters of the treatment plant. Toxic wastes shall include
wastes containing cyanide or copper, chromium or other toxic metallic
ions;
H.
Containing total solids of such character or in such
quantity that unusual attention or expense is required to handle such
materials at the treatment plant; and
I.
Containing noxious, malodorous gas or substances capable
of creating a public nuisance.
A.
Industrial waste questionnaire. Any person desiring
to make a connection to the sewer system for the purpose of discharging
industrial wastes to the public sewers shall fill in and file with
the Township an industrial waste questionnaire, which shall furnish
pertinent or predicted data, inclusive of quantity of flow, and an
analysis of the industrial waste to be discharged into the sewerage
system.
B.
Control manhole.
(1)
Any person discharging industrial wastes into the
sewerage system shall construct and maintain a suitable control manhole
or manholes downstream from any treatment, storage or other approved
works to facilitate observation, measurement and sampling of all wastes,
including domestic sewage from the person.
(2)
The control manhole or manholes shall be constructed
at suitable and satisfactory locations and built in a manner approved
by the Township Engineer.
(3)
The control manhole or manholes shall be equipped
with permanent-type volume-measuring devices of a type approved by
the Township Engineer. The manhole shall be installed by the person
discharging the waste, at his expense, and shall be maintained by
him so as to be safe, accessible and in proper operation condition
at all times.
(4)
Plans for the construction of the control manhole
or manholes and all included devices shall be approved by the Township
prior to the beginning of construction.
C.
Measurement of flow.
(1)
The volume of flow used in computing surcharges shall
be the metered water consumption of the person, as shown in the records
of meter readings maintained by the water supplier.
(2)
Where the person discharging wastes into the sewage
works of the Township procures any part or all of his water supply
from sources other than the water supplier, all or a part of which
is discharged into the sewerage system, the person discharging said
waste may install and maintain, at his expense, water meters of a
type approved by the Township for the purpose of determining the proper
volume of flow to be used.
D.
Sewage metering.
(1)
Sewage metering may be authorized by the Township
in those cases in which there is no other method of determining the
volume of industrial wastes or sanitary sewage entering the sewerage
system.
(2)
Auxiliary meters for determining the volume of flow
of these sewers shall be installed, owned and maintained to the satisfaction
of the Township by the property owners. However, following the installation
of such meters and approval of the installation by the Township, such
meters may not be removed without the approval of the Township.
E.
Sewage sampling.
(1)
The industrial wastes of each person discharging the
same into the sewerage system shall be subject to periodic inspection
and a determination of character and concentration of said wastes.
These determinations shall be made quarterly, or as required, by the
Township at the expense of the owner or his representative and a report
of determinations submitted to the Township.
(2)
The installation, operation and maintenance of the
sewage sampling facilities shall be assumed by the person discharging
the waste and shall be subject at all times to the approval of Township.
Access to the sewage sampling location or locations shall be available
to the Township or its duly authorized representatives at all times.
Due care shall be exercised in the collection and preservation of
all samples to ensure the preservation of the sample in as nearly
its natural state as possible. This includes the refrigeration of
all samples which will be analyzed by biochemical methods.
F.
Analysis. The laboratory methods used in the examination
of all industrial waste shall be those set forth in the latest edition
of Standard Methods for the Examination of Water and Sewage, as published
by the American Public Health Association. However, alternate methods
for the analysis of industrial wastes may be used, subject to mutual
agreement between the Township and the particular person.
A.
Residential. The above tapping fee assessment shall
be payable upon all applications for permits to make sewer connections.
Sewer rental charges shall be made to residential houses, apartments,
condominiums, townhouses, trailers or other dwelling units, by semiannual
bills dated the 15th days of February and August of each year, beginning
on the semiannual billing date immediately following the semiannual
calendar period in which connection is made to the sewer system or
when a connection is made to the sewer system or when a certificate
of use and occupancy is issued by the Township for new or renovated
buildings. Bills for the first billing period will be prorated from
the date of connection or issuance of a certificate of occupancy to
the billing date.
B.
Commercial, industrial, municipal and any user other
than residential shall be charged quarterly on March 15, June 15,
September 15 and December 15 or dates which correspond to the receipt
of quarterly water and sewage meter data, beginning on such quarterly
date immediately following the quarterly calendar period on which
connection or issuance of a certificate of occupancy is made to the
sewer system, for the quarterly calendar period or portion thereof
preceding the date of the bill.
A.
Annual charges for sewer service shall be subject
to a penalty of 10% if not received in the Township Building, the
Sewer Authority Building or designated bank on or before May 31 of
each year, and the Township shall have the right to terminate water
and/or sewer service from the property where payment has not been
made and not to restore same until all unpaid bills against the property
and the costs of cutting off and restoring service shall have been
paid. Further, the Township may impose an interest charge each month
as established by Council from time to time.
[Added 6-26-2000 by Ord. No. 603[1]]
[1]
Editor's Note: This ordinance also provided
that the effective date of the above changes shall be January 1, 2001,
and implementation of the change shall take place with a single billing
cycle for the year 2001.
B.
All sewer rentals, together with all penalties thereon,
not paid on or before December 31 of each year shall be deemed to
be delinquent. All delinquent sewer rentals and all penalties thereon
shall be a lien on the property served and shall be entered as a lien
against such property in the office of the Prothonotary of Delaware
County and shall be collected in the manner provided by law for the
filing and collection of such liens.
[Added 6-26-2000 by Ord. No. 603[2]]
[2]
Editor's Note: This ordinance also provided
that the effective date of the above changes shall be January 1, 2001,
and implementation of the change shall take place with a single billing
cycle for the year 2001.
C.
Notice. All persons serviced by 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 amount.
The funds received by the Township or its billing
agent from the collection of the connection charges and from sewer
rentals and all penalties thereon as herein provided for and any fines
collected by the Township in connection with the sewer system shall
be segregated and kept separate and apart from all other funds of
the Township and shall be used only for the purpose of defraying the
expenses of the Township in the operation, maintenance, repair, alteration,
inspection, depreciation or other expenses in relation to such sewer
system, including periodic payments due under an agreement with Southwest
Delaware County Municipal Authority for treatment and disposal of
sewage, and for such payments as the Township may be required to make
under any lease it may enter into for and of, or in connection with,
said sewer system with the Middletown Township, Delaware County, Sewer
Authority, in accordance with the provisions of the Act of May 2,
1945, P.L. 382, as amended.[1]
[1]
Editor's Note: Said Act was repealed 6-19-2001
by P.L. 287, No. 22; see now 53 Pa.C.S.A. § 5601 et seq.
The Township reserves the right to and may from
time to time adopt, revise, amend and readopt such rules and regulations
as it deems necessary and proper for the use and operation of the
sewer system, and all such rules and regulations shall become a part
of this article. Further, the Township reserves the right to contract
with the Middletown Township, Delaware County, Sewer Authority to
operate the sewer system on terms and conditions agreed upon mutually.
This article and any rules and regulations hereunder
shall become effective at once and shall be applicable to the properties
in the Township as soon as they 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 to amend this article or to change the rates or
charges in such manner and at such times as, in its opinion may be
advisable.
