[Adopted 10-21-1971 by Ord. No. 1971-4 (Ch. 18, Part 2, of the 1983 Code of Ordinances); amended in its entirety 7-9-2001 by Ord. No. 2001-2]
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows:
APARTMENT OR OFFICE USE
A building which is intended to be used for continuous or periodic habitation by human beings and containing two or more family dwelling units; or which contains business or professional offices and one or more family dwelling units; or which contains business, professional or any other similar type of office or offices.
AUTHORITY
The New Freedom Borough Authority, a municipal authority incorporated, organized and existing under the provisions of 53 Pa.C.S.A. § 5601 et seq., as amended and supplemented.
[Amended 3-8-2010 by Ord. No. 2010-1]
BILLING UNIT
Includes, as applicable, each of the following: a commercial establishment, a domestic consumer unit, a campground, a minor commercial establishment, an educational establishment and an industrial establishment.
BOROUGH
The Borough of New Freedom, York County, Pennsylvania, a Pennsylvania municipal corporation, acting by and through its Council or, in appropriate cases, acting by and through its authorized representatives.
CAMPGROUND
A tract of land upon which there are located two or more cabins or cottages, as well as structures and other facilities used for the assembly of persons for any purpose, or for recreation, and not operated for profit.
COMMERCIAL ESTABLISHMENT
Each room, group of rooms, building or other enclosure connected, directly or indirectly, to the sewer system and used or intended for use in the carrying on of a trade, business or profession or for use in the operation of one business enterprise for the sale and distribution of any product, commodity, article or service, including social, religious, charitable and public uses.
COUNCIL
The group of elected officials acting as the governing body of the Borough.
DOMESTIC CONSUMER UNIT
Each room, group of rooms, 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 other group of persons living together as a unit or by a person living alone.
EDU
The projected sewage discharge from an improved property in the amount of 246 gallons per day. Each domestic consumer unit shall be considered one EDU.
[Amended 8-8-2005 by Ord. No. 2005-10]
EDUCATIONAL ESTABLISHMENT
Each 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, for educational purposes, including both public and private schools.
IMPROVED PROPERTY
Any property, situate within the Borough, 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 sewage shall be or may be discharged and which is accessible to a sewer.
INDUSTRIAL ESTABLISHMENT
Each 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 one business enterprise for manufacturing, converting, processing, cleaning, laundering or assembling any product, commodity or from which any industrial wastes, as distinct from sanitary sewage, shall be discharged.
INDUSTRIAL WASTES
Any solid, liquid or gaseous or waterborne substance 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.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
MINOR COMMERCIAL ESTABLISHMENT
A property which is intended to be used for carrying on a trade, business, or profession, or for social, religious, educational, charitable or public uses and which employs no more than one employee.
PERSON
Any individual, firm, partnership, company, association, society, trust, corporation or other group or entity.
SANITARY SEWAGE
The normal water-carried household and toilet wastes from any improved property.
SEWAGE
Both sanitary sewage and industrial wastes.
SEWER
Any pipe, main or conduit constituting a part of the sewer system used or usable for sewage collection purposes.
SEWER SYSTEM
All facilities, as of any particular time, for collecting, transporting, pumping, treating and disposing of sewage, owned by the Authority, leased to the Borough or contracted for by the Authority or the Borough.
[Amended 8-8-2005 by Ord. No. 2005-10]
The Borough, as agent and lessee of the sewer system constructed by the Authority, shall collect all tapping fees, connection fees and customer facilities fees as set forth herein and by the Authority.
A. 
Tapping fees.
(1) 
No person shall connect any improved property with any part of the sewer system without first making application, securing a permit therefor in writing from the Borough, and making payment of a tapping fee in the amount hereinafter set forth. Such application shall be made on a form to be provided by the Borough.
(2) 
A tapping fee is hereby imposed against any improved property and against the owner of such improved property whenever such owner shall connect any such improved property with the sewer system for each EDU within such improved property, regardless of whether the sewer mains or extensions thereto are installed by the owner or developer or by the Authority. The Borough of New Freedom shall amend such tapping fees by ordinance from time to time. The current tapping fee is $806.
[Amended 3-8-2010 by Ord. No. 2010-1; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Connection fees.
(1) 
No person shall connect any improved property with any part of the sewer system without first making application, securing a permit therefor in writing from the Borough. Such application shall be made on a form to be provided by the Borough.
(2) 
A connection fee is hereby imposed against any improved property and against the owner of such improved property whenever such owner shall connect any such improved property with the sewer system for each EDU. The Borough of New Freedom shall amend such connection fees by resolution from time to time.
[Amended 3-8-2010 by Ord. No. 2010-1; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Liens. All tapping fees and connection fees shall be a lien on the improved property connected to or required to be connected to and served by the system where such fees or charges are not paid as provided herein and shall further be assessed a penalty at the highest rate permitted by law upon becoming delinquent. Such lien, including applicable penalty, shall be filed against the aforesaid property in the Office of the Prothonotary of York County, Pennsylvania, and shall be entered and collected in the manner as provided by law for the filing and collection of municipal claims. The liened amount shall include all penalties, costs and attorney's fees associated with the collection of the delinquent account and shall accrue interest at the highest rate allowed by law. The attorney's fees and costs associated with the collection of delinquencies shall be adopted from time to time by resolution of Borough Council.
[Amended 7-11-2011 by Ord. No. 2011-2]
[Amended 12-13-2021 by Ord. No. 2021-8; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Sewer rentals or charges are hereby imposed upon and shall be collected from the owner of each improved property which shall be connected to the sewer system, for the use of the sewer system, whether such use shall be direct or indirect, which sewer rentals or charges shall commence and shall be effective upon the date of connection of each improved property to the sewer system or upon the date when this Borough first shall be capable of accepting sewage from such improved property for transportation and treatment, whichever date last shall occur, and shall be payable as provided herein. Sewer rentals or charges, as set forth below, may be amended from time to time by resolution of Borough Council.
A. 
Computation of charges.
[Amended 8-11-2003 by Ord. No. 2003-4; 10-17-2005 by Ord. No. 2005-10; 11-13-2006 by Ord. No. 2006-7; 11-12-2007 by Ord. No. 2007-8; 12-8-2008 by Ord. No. 2008-3; 11-9-2009 by Ord. No. 2009-5; 11-8-2010 by Ord. No. 2010-3; 11-14-2011 by Ord. No. 2011-4; 12-10-2012 by Ord. No. 2012-7; 11-18-2013 by Ord. No. 2013-5; 11-10-2014 by Ord. No. 2014-2; 10-19-2015 by Ord. No. 2015-2; 11-19-2018 by Ord. No. 2018-5; 11-18-2019 by Ord. No. 2019-2; 10-19-2020 by Ord. No. 2020-4; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Domestic use. From and after January 1, 2021, sewer rental or charges for domestic use shall be based upon actual water consumption, with exceptions as noted, computed upon the following schedule of rates:
Quantity of Sewage Use
Rates per Quarter
First 5,000 gallons of metered water or part thereof
$70, plus:
Excess over 5,000 gallons of metered water
$13 per 1,000 gallons of metered water over 5,000 gallons
(2) 
Commercial and industrial use. From and after January 1, 2021, sewer rental or charges for commercial or industrial use shall be based upon actual water consumption, with exceptions as noted, computed upon the following schedule of rates:
Quantity of Sewage Use
Rates per Quarter
First 5,000 gallons of metered water or part thereof
$70, plus:
Excess over 5,000 gallons of metered water
$13 per 1,000 gallons of metered water over 5,000 gallons
(3) 
Campground use. From and after January 1, 2016, sewer rental or charges for campground use shall be based upon actual water consumption, with exceptions as noted, computed upon the following schedule of rates:
Quantity of Sewage Use
Rates per Quarter
First 5,000 gallons of metered water or part thereof
$70, plus:
Excess over 5,000 gallons of metered water
$13 per 1,000 gallons of metered water over 5,000 gallons
(4) 
Separate charges; From and after January 1, 2016, sewer rental or charges for a separate use shall be based upon actual water consumption, with exceptions as noted, computed upon the following schedule of rates:
Quantity of Sewage Use
Rates per Quarter
First 5,000 gallons of metered water or part thereof
$70, plus:
Excess over 5,000 gallons of metered water
$13 per 1,000 gallons of metered water over 5,000 gallons
B. 
In the event the Borough authorizes an improved property with more than one domestic consumer unit to discharge sanitary sewage into the sewer system through one meter, the gallons of metered water attributable to each consumer domestic until shall equal the total gallons of metered water consumed divided by the number of consumer domestic units.
C. 
Rates for other users. Whenever an establishment, subject to the metered rate schedule, shall obtain part of its water supply from sources other than metered water by the Borough, then and in that event the owner of such establishment shall install and maintain, at his sole cost and expense, a water meter or meters satisfactory to this Borough on all such nonmetered sources of water supply. The quantity of water so used to determine the sewer rentals or charges hereunder shall be the sum of the quantities of water measured by all meters. Any person who wishes to assert that water is not discharged into the sewer system shall have the burden to prove the amount of water which is excluded. When it is shown, to the satisfaction of the Borough, that water has not been discharged to the sewer system, sewer rentals or charges shall be based upon total water consumption less the amount shown not to be discharged to the sewer system. The cost of furnishing, installing and maintaining any meters other than those utilized to measure water purchased from the water company shall be borne by the applicant. The type, size, location, arrangement and maintenance of these meters shall be subject to the approval of the Borough.
D. 
The Borough may make additions and changes. Additional classifications and sewer rentals or charges there for or modifications of the above schedules of sewer rentals or charges may be adopted and promulgated by this Borough, from time to time, as shall be deemed necessary. Nothing contained in this section shall be construed as prohibiting special agreements between the Borough and owners of improved properties connected to the sewer system under conditions and circumstances making special agreements advisable and necessary.
E. 
Anything to the contrary notwithstanding, any costs incurred by the Borough in the monitoring of or inspection for compliance with the provisions of this article by the owner or occupiers of a particular improved property, or in the enforcement of the provisions of this article against the owners or occupiers of a particular improved property, including by way of example and not limitation, salary of Borough employees consumed in such activities, costs of sampling and analysis of effluent being discharged into the sewer system and costs of professional advisors, consultants and counsel, shall be charged to and collected from the owners of such improved property as additional sewer rental or charges.
[Amended 9-17-2007 by Ord. No. 2007-5]
A. 
Sewer rentals or charges imposed by this article shall be payable on a quarterly basis on dates determined by the Borough.
B. 
All bills shall be rendered quarterly subsequent to the quarter.
C. 
When a customer pays for sewer service by personal check and the check is returned due to insufficient funds, the customer will be charged an additional fee as adopted by resolution of Borough Council from time to time. The unpaid amount, in addition to the fee, shall then be payable only by cash, certified check or money order. After sufficient notice, the Borough reserves the right to specify any future payments be in cash, certified check or money order.
[Amended 7-11-2011 by Ord. No. 2011-2]
D. 
Late payments. If the full amount of the bill for sewer rentals or charges is not paid within 30 days from the date of the billing, such amount shall be considered delinquent and a penalty shall be assessed at the highest rate permitted by law which shall be added to the amount due, and the amount of the billing and the amount of the penalty shall become the gross delinquent amount due. The delinquent gross amount due shall be a lien on the property serviced, and such lien shall be filed against the aforesaid property in the Office of the Prothonotary of York County, Pennsylvania, and shall be entered and collected in the manner as provided by law for the filing and collection of municipal claims. The liened amount shall include all penalties, costs and attorney's fees associated with the collection of the delinquent account and shall accrue interest at the highest rate allowed by law. The attorney's fees and the costs associated with the collection of the delinquent account shall be adopted from time to time by resolution of Borough Council.
[Amended 7-11-2011 by Ord. No. 2011-2]
E. 
Every owner of improved property which is connected to the sewer system initially shall provide this Borough with and thereafter shall keep this Borough advised of his or her correct address. Failure of any person to receive quarterly 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 said bills shall be payable at the face amount thereof.
[Added 7-11-2011 by Ord. No. 2011-2]
[Amended 9-17-2007 by Ord. No. 2007-5; 7-11-2011 by Ord. No. 2011-2]
A. 
If the owner or occupant of a premises served by any water utility shall neglect or fail to pay, for a period of 30 days from the date of billing, any rental, rate or charge for sewer, sewerage, or sewerage treatment service imposed by the Borough or Authority, such water utility is hereby authorized and required, at the request and direction of the Borough or Authority, to shut off the supply of water to such premises in accordance with applicable law until all such overdue rentals, rates, and/or charges, including, but not limited to the fees associated with the preparation of notices, postage, shutoff and reconnection charges, attorney's fees and costs, together with any penalties and interest thereon, shall be paid. The attorney's fees and the costs associated with the collection of the delinquent account shall be adopted from time to time by resolution of Borough Council.
B. 
The Borough shall have the authority to require the charges stipulated to in this article to be paid directly to the Borough office in cash, certified check or money order only.
A. 
No meter for measurement of water shall be installed in any improved property until a plan for such installation shall be submitted to this Borough and approved as satisfactory. All meters installed or required to be used under the provisions of this article shall be owned and 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 is installed shall be responsible for its maintenance and safekeeping, and all repairs thereto shall be made at such owner's expense, whether such repairs are 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 after completion of such repairs, shall be collected in the same manner as sewer rentals or charges and shall constitute a lien upon the improved property upon which such meter or other measuring device is installed.
B. 
This Borough shall be responsible for the reading of all meters. In the case of establishments where, in the opinion of this Borough, it is not necessary to install a meter or meters, measurements of the discharge to the sewer system shall be made quarterly by this Borough, and the measurements so made shall be used for determining the sewer rental or charge for the applicable quarter annum.
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 3-8-2010 by Ord. No. 2010-1; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall violate the provisions of article shall, upon conviction in summary proceedings commenced by New Freedom Borough before a Magisterial District Judge, be subject to a fine of no more than $1,000. Upon judgment against any person by conviction or by proceedings by summons or default of the fine imposed and costs, said person may be sentenced to the York County Jail for a period not exceeding 30 days. If such person violating the provisions of this article shall be a partnership, then the members thereof, or if such person is a corporation or association, then the officers thereof, shall, in default of payment of any fine levied hereunder, be imprisoned. Each day of continued violation of any provision of this article shall constitute a separate offense.
It is hereby declared that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Borough.