[Adopted 12-22-1970 by Ord. No. 222 (Ch.
108, Art. II, of the 1975 Code)]
As used in this article, the following terms
shall have the meanings indicated:
The Danville Municipal Authority, a Pennsylvania municipality
authority.
The quantity of oxygen, expressed in parts per million, 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, Inc.
The Borough of Danville, Montour County, Pennsylvania, a
municipality of the Commonwealth of Pennsylvania, acting by and through
its Council or, in appropriate cases, acting by and through its authorized
representatives.
[Amended 10-9-1990 by Ord. No. 335]
Any room, group of rooms, house trailer or other enclosure
occupied or intended for occupancy as separate living quarters by
a family, other group of persons living together or by persons living
alone, excluding, however, institutional dormitories.
A surface that prevents the percolation of water into the
ground. The coverage of land by buildings and other impervious materials
such as asphalt.[1]
Any property 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 sanitary sewage and/or industrial
wastes shall be or may be discharged.
[Amended 10-9-1990 by Ord. No. 335]
Any room, group of rooms, building or other enclosure used
or intended for use in the operation of one business enterprise for
manufacturing, processing, cleaning, laundering or assembling any
product, commodity or article or from which any process waste, as
distinct from sanitary sewage, shall be discharged.
[Amended 10-9-1990 by Ord. No. 335]
Any and all wastes discharged from an industrial establishment,
other than sanitary sewage.
[Amended 10-9-1990 by Ord. No. 335]
Limitations on concentrations or mass of specific pollutants
applied to discharges of industrial users, developed under the authority
of 40 CFR 403.8(f).
[Added 10-9-1990 by Ord. No. 335]
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.[2]
Any individual, partnership, company, association, society,
trust, corporation or other group or entity, whether an owner or lessee
of residences, commercial or institutional establishments.
[Amended 10-9-1990 by Ord. No. 335[3]]
The logarithm of the reciprocal of the concentration of hydrogen
ions, expressed in moles per liter of solution, indicating the degree
of acidity or alkalinity of a substance.
A publicly owned treatment works as defined by Section 212
of the Act (33 U.S.C. § 1292). The term includes the sewage
collection system and the sewage treatment plant.
[Added 10-9-1990 by Ord. No. 335[4]]
Parts per million by weight.
Not available or used by the public and restricted to one's
personal or family use.
[Added 6-8-1999 by Ord. No. 402]
Any person or group of persons, including people from the
general population or employees or customers.
[Added 6-8-1999 by Ord. No. 402[5]]
Normal water-carried household and toilet wastes from any
improved property.
The sewage treatment plant and related facilities owned by
the Authority and operated for the purpose of treatment of sewage
and other permitted wastes, and all additions, modifications, alterations
and improvements thereto.
Any pipe or conduit, constituting a part of the sewer system,
used or usable for sewage collection purposes.
All facilities, as of any particular time, for collecting,
pumping, transporting and disposing of sanitary sewage and industrial
wastes, owned or operated by the Borough.
[Amended 10-9-1990 by Ord. No. 335]
Discharge of pollutants at a rate or concentration exceeding
five times the daily average rate or concentration for a period exceeding
15 minutes.
[Added 10-9-1990 by Ord. No. 335]
Suspended solids as determined pursuant to the procedure
set forth in the latest edition of Standard Methods for the Examination
of Water and Wastewater, published by the American Public Health Association,
Inc.
[Amended 1-10-1978 by Ord. No. 279; 1-6-1992 by Ord. No. 349; 6-8-1999 by Ord. No.
402; 3-9-2004 by Ord. No. 454; 6-9-2009 by Ord. No. 498]
Sewer rentals or charges are imposed upon and shall be collected
from the owner of each improved property which is or shall be connected
with the sewer system, for use of the sewer system, whether such use
shall be direct or indirect, which sewer rental or charges shall commence
and shall be effective as of July 1, 2009, and shall be payable as
provided herein, in accordance with the following schedule of rates
and classifications:
A.
Improved properties furnished unmetered water service.
(1)
Residences.
|
Item
|
Quarterly Sewer Rental or Charge
| |
|---|---|---|
|
Single-family residence (including condominiums, townhouses,
mobile homes and trailers)
|
$45
| |
|
Apartments (each unit)
|
$39
| |
|
Rooms (each unit)
|
$21
|
(2)
Commercial establishments.
|
Item
|
Quarterly Sewer Rental or Charge
| |
|---|---|---|
|
All commercial establishments except as listed below
|
$45
| |
|
Bank (including credit unions, savings and loans and other similar
financial institutions)
|
$2.70 per employee or $69, whichever is greater
| |
|
Medical office (including dentist, veterinarian, chiropractic,
etc.)
|
$2.70 per employee or $69, whichever is greater
| |
|
Restaurant
|
$90
| |
|
Hotel and motel (each room)
|
$12
| |
|
Preschool and day care (per person, including employees)
|
$2.70 per person or $45, whichever is greater
| |
|
Nursing homes, personal care and assisted living facilities
(each employee and guest)
|
$12 per person or $45, whichever is greater
|
(3)
Public facilities.
|
Item
|
Quarterly Sewer Rental or Charge
| |
|---|---|---|
|
All public facilities
|
$180
|
(4)
Other.
|
Item
|
Quarterly Sewer Rental or Charge
| |
|---|---|---|
|
Industrial/manufacturing operations
|
$5.70 per employee or $69, whichever is greater
| |
|
Professional offices and services with more than 17 employees
(including but not limited to attorney office, insurance office, real
estate office, engineering/design office, telecommunications office,
and other similar offices)
|
$2.70 per employee
|
(5)
Owners of improved properties furnished unmetered water service by
the Borough not falling under the foregoing descriptions shall pay
a minimum sewer rental or charge for any dwelling unit and/or nonresidential
establishment of $45 per quarter annum.
B.
Improved properties furnished metered water service.
(1)
Except as otherwise provided in this article, sewer rentals or charges
for sewage and/or industrial wastes discharged into the sewer system
from any dwelling unit and/or improved property shall be based upon
volume of water usage, adjusted, if appropriate, as provided in this
article, where the volume of water usage shall be metered, whether
by this Borough or otherwise.
(2)
Sewer rentals or charges for sewage and/or industrial wastes discharged
into the sewer system from an industrial establishment may be based
upon actual metered volume of discharge, as permitted in this article.
(3)
In either of the foregoing cases, such sewer rentals or charges shall
be computed in accordance with the following metered rate schedule;
subject, however to any minimum rentals or charges provided in this
article:
|
Metered Rate Schedule
| ||
|---|---|---|
|
Gallons per Quarter Annum
|
Dollars per Thousand Gallons per Quarter Annum
| |
|
Each gallon
|
$1.65
| |
(4)
Notwithstanding the foregoing metered rate schedule, the minimum
sewer rental or charge for any dwelling unit and/or improved property
where the volume of water usage shall be metered shall be as follows:
|
Water Meter Size
(inches)
|
Minimum Quarterly Rental or Charge
| ||
|---|---|---|---|
|
Less than 1
|
$45
|
Or such rental or charge as would be computed through the descriptions
for improved properties furnished unmetered water service, whichever
is greater.
| |
|
1
|
$54
| ||
|
1 1/4
|
$60
| ||
|
1 1/2
|
$69
| ||
|
2
|
$87
| ||
|
4
|
$135
| ||
|
6
|
$210
| ||
|
8
|
$342
| ||
C.
For service periods of less or more than one quarter annum, the sewer
rental or charge and the computation of the volume of water consumed
or the volume or discharge to the sewer system, as applicable, shall
be proportionately adjusted.
D.
Whether or not served by private or common facilities, where more
than one residential and/or nonresidential establishment, including
institutional dormitories, is located in one building, house or other
structure and such building, house or other structure is served by
one sewer connection, multiple charges shall be computed as if each
had separate connections and facilities.
E.
Where more than one dwelling unit and/or nonresidential establishment is served water from a common meter, the sewer rental or charge shall be determined by dividing the total quarterly water consumption by the number of dwelling units and/or nonresidential establishments being served from the common water meter and by computing separate billings by applying the rates set forth in Subsection B to the resulting water consumption quotient, subject to the minimum of $45 per quarter annum for each such dwelling and/or nonresidential establishment.
F.
Notwithstanding the foregoing, sewer rentals or charges to each industrial
establishment which shall discharge sewage and/or industrial wastes
to the sewer system shall be not less than $3.66 per employee per
quarter annum or its adjusted equivalent for sewer services periods
of less or more than one quarter annum based upon the average number
of persons employed per working day during the service period for
which the billing is rendered. The total billing to industrial establishments
for any service period shall be not less than 50% of the maximum billing
of any one of the three consecutive preceding quarters.[1]
G.
Notwithstanding any of foregoing, the minimum sewer rentals or charges
shall be $2.70 per student per quarter to each elementary and secondary
school. Bills shall be due and payable for four quarters per year.
The school district shall provide the Borough with a census of the
number of pupils enrolled during the full school term beginning in
September of each year, which shall be the basis for the subsequent
four quarterly billings. Teachers and employees of the school shall
be classified as pupils for sewer rental purposes.
H.
Notwithstanding any of the forgoing, the minimum sewer rentals or
charges to hospitals shall be not less than $9.22 per person occupying
the premises, per quarter annum. Such persons shall include resident
and nonresident employees, doctors, nurses and bed patients. The number
of persons for which billings shall be made was established on or
before July 1, 1970, and adjustments will be made at least every two
years for billing purposes.
I.
Notwithstanding any of the foregoing, the minimum sewer rentals or
charges to nursing homes, assisted living facilities, personal care
facilities and other similar facilities shall be not less than $12
per person occupying the premises, per quarter annum, based upon the
average number of persons occupying the premises per day during the
service period for which the billing is rendered. Such persons shall
include resident and nonresident employees, doctors and nurses.
J.
Industrial establishments discharging sewage and industrial wastes
to the sewer system having an average five-day BOD greater than 200
parts per million and a suspended solids content greater than 250
parts per million shall pay a strength-of-waste surcharge, in addition
to applicable charges, equal to 0.1% for each part per million by
which the BOD exceeds 200 parts per million, plus 0.1% for each part
per million by which the suspended solids exceed 250 parts per million.
Surcharges shall be applicable to billings for sewer rentals computed
in accordance with other provisions of this article. The strength
of sewage and industrial wastes to be used for establishing the amount
of surcharge shall be determined at least once annually either by
suitable sampling and analysis of the wastes for a three-day consecutive
period during a period of normal plant operations, from estimates
made by this Borough or from known relationships of products produced
to strengths of wastes for those industries where such factors have
been established. In establishing waste strengths for surcharge purposes
by analysis, analysis shall be made in accordance with procedures
outlined in the latest editions of "Standard Methods for the Examination
of Water and Wastewater," published by the American Public Health
Association, Inc.
K.
If the owner of any nonresidential improved property, including any
school, shall fail to provide this Borough with complete information
required to compute the sewer rental or charge to such nonresidential
improved property, this Borough may estimate a reasonable applicable
sewer rental or charge for such nonresidential improved property,
and such estimated sewer rental or charge shall be the actual sewer
rental or charge payable until the required information is filed;
provided, however, that no rebates will be paid by this Borough if
the information filed reveals a lower indicated sewer rental or charge
than that estimated by this Borough.
L.
Additional classifications and sewer rentals or charges or modifications
of the preceding schedule of sewer rentals or charges may be established
by this Borough from time to time as deemed necessary.
M.
Nothing herein contained shall be deemed to prohibit this Borough
from entering into separate agreements with owners with respect to
sewer rentals or charges to be imposed in those cases where, due to
seasonal fluctuations, contributions toward construction by owners
or other unusual circumstances, the sewer rentals or charges set forth
herein shall be deemed by this Borough to be unfair or inequitable.
A.
In the case of an owner of improved property whose
bill for sewer rentals or charges shall be computed, in whole or in
part, upon the basis of water volume usage metered by this Borough,
the billing shall be based upon the water consumption for the immediately
preceding quarter annum. In the case of an owner of improved property
whose quarterly bill for sewer rentals or charges shall be computed
on any basis completely independent of water volume usage metered
by this Borough, the quarterly billing dates shall be the first days
of January, April, July and October, respectively, in each year, or
on such other dates as this Borough by resolution or ordinance shall
specify, and shall cover a quarterly billing period consisting of
the immediately succeeding three complete calendar months.
B.
Sewer rentals or charges shall be due and payable
upon the applicable billing date set forth on the bill, and the appropriate
amount computed in accordance with this article shall constitute the
net bill. If sewer rentals and charges are not paid within 30 calendar
days after each billing date, an additional sum of 5% shall be added
to such net bill, which net bill, plus such additional sum, shall
constitute the gross bill. Payment made or mailed and postmarked on
or before the last day of such thirty-calendar-day period shall constitute
payment within such period. If the end of such thirty-calendar-day
period shall fall on a legal holiday or on a Sunday, payment made
on or mailed and postmarked on the next succeeding weekday which is
not a legal holiday shall constitute payment within such period.
C.
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 correct address.
Failure of any person to receive 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 the net
bill shall be payable.
Sewer rentals or charges imposed by this article
shall be a lien on the improved property connected to and served by
the sewer system and any such sewer rentals or charges which are delinquent
shall be filed as a lien against the improved property so connected
to and served by the sewer system, which lien shall be filed in the
office of the Prothonotary of Montour County, Pennsylvania, and shall
be collected in the manner provided by law for the filing and collecting
of municipal claims.
A.
Methods of measuring volume.
(1)
Whenever the entire water supply of an improved property
discharging sewage and/or industrial wastes into the sewer system
is supplied by this Borough, the volume of water furnished, as determined
from meter readings of this Borough, shall be used as the volume of
water consumed in computing sewer rentals or charges, subject to adjustment,
if appropriate, as provided in this article.
(2)
Whenever an improved property discharging sewage and/or
industrial wastes into the sewer system shall have a source or sources
of water supply in addition to or other than this Borough, the owner
of such improved property shall provide a meter on such additional
or other source or sources of water supply. The total volume of water
consumed, as determined from the meter readings of this Borough and
the meter readings of the meter or meters on such additional 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 volume of water consumed in computing the sewer
rentals or charges, subject to adjustment, if appropriate, as provided
in this article.
(3)
The volume of water consumed to be used for computation
of sewer rentals or charges, as provided in this article, may be established
by estimates or other methods of measurement approved by this Borough,
where this Borough considers metering to be impractical.
(4)
This Borough may require an industrial establishment, or the industrial establishment may elect, to install, pay for and maintain a meter approved by this Borough for measuring wastes discharged to the sewer system, in which case sewer rentals or charges shall be based upon the actual volume of wastes so metered as being discharged to the sewer system. The sewer rentals shall be computed at the rates set forth under § 194-8B.
(5)
Exclusion from the sewer system of noncontaminated
wastewaters and waters used for cooling purposes may be required by
this Borough, or such exclusion may be optional with the owner of
an industrial establishment, if not required by this Borough. When
such waters are excluded, the volume of water or other measure to
be used for computation of sewer rentals or charges shall be computed
in 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 sewage and/or industrial wastes in computing sewer rentals or charges in accordance with the volume rate schedule set forth in § 194-8B.
(b)
By installing a meter or other measuring device to measure the volume of water 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 the volume of water to be used in computing sewer rentals and charges in accordance with the volume rate schedule set forth in § 194-8B.
(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 of water 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 volume of water to be used in computing sewer rentals or charges in accordance with the volume rate schedule set forth in § 194-8B shall be the percentage so determined of the volume of water 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.
B.
Measuring devices. The furnishing and installation
of meters or other measuring devices which shall not be owned by the
Authority or this Borough, but which shall be required or permitted
under provisions of this article, shall be the sole responsibility
of the owner. The installation or use of such meters or other measuring
devices at all times shall be subject to the approval of this Borough
and may be tested and inspected by this Borough whenever necessary.
The owner shall be responsible for the maintenance, safekeeping and
repair of any such meter, whether such repairs shall be made necessary
by ordinary wear and tear or other causes.
C.
Meter readings. This Borough shall be responsible
for the reading of all meters or other measuring devices, and the
same shall be available to employees and agents of this Borough at
all reasonable times.[1]
[1]
Editor's Note: Former §§ 108-12,
108-13, 108-14, 108-15 and 108-16, regarding wastes and discharges
of waste, as amended, which previously followed this section, were
repealed 1-6-1992 by Ord. No. 350.
[Added 6-13-1984 by Ord. No. 301]
A.
It is the purpose of this section to provide for the
recovery of costs from users of the Borough sewer system for the implementation
of the program established herein. The applicable charges or fees
shall be set forth in the Borough's Schedule of Charges and Fees.[1]
[1]
Editor's Note: The Schedule of Charges and Fees is on file
in the Borough offices.
B.
Enumeration of charges.
(1)
The Borough may adopt charges and fees which may include:
(a)
Fees for reimbursement of costs of setting up
and operating the Borough's pretreatment program.
(b)
Fees for monitoring, inspections and surveillance
procedures.
(c)
Fees for reviewing accidental discharge procedures
and construction.
(d)
Fees for permit applications.
(e)
Fees for filing appeals.
(f)
Fees for consistent removal by the Borough of
pollutants otherwise subject to federal pretreatment standards.
(g)
Other fees as the Borough may deem necessary
to carry out the requirements contained herein.
(2)
These fees relate solely to the matters covered by
this article and are separate from all other fees chargeable by the
Borough.
