Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this article shall be as
follows:
AUTHORITY
Derry Township Sanitary Sewer Authority, a Pennsylvania municipality
authority.
BOD (BIOCHEMICAL OXYGEN DEMAND)
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.
BILLING UNIT
Includes, as applicable, each of the following: a "commercial
establishment," a "dwelling unit," an "industrial establishment,"
and an "institutional establishment."
BOROUGH
The Borough of Lewistown, Mifflin County, Pennsylvania, a
Pennsylvania municipality.
COMMERCIAL ESTABLISHMENT
Any room, group of rooms, building or enclosure used or intended
for use in the operation of one or more business enterprises 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 kitchen, toilet or washing facilities.
DWELLING UNIT
Any room, group of rooms, building, house trailer 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.
IMPROVED PROPERTY
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 sewage shall be or may be discharged.
INDUSTRIAL ESTABLISHMENT
Any room, group of rooms, building or other enclosure used
or intended for use in the operation of one or more business enterprises
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.
INDUSTRIAL WASTES
Any and all wastes discharged from an industrial establishment,
other than sanitary sewage.
INSTITUTIONAL ESTABLISHMENT
Any room, group of rooms, building or other enclosure in
the operation of one or more institutional uses which does not constitute
a commercial establishment, a dwelling unit or an industrial establishment.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
PERSON
Any individual, firm, partnership, company, association,
society, trust, corporation or other group or entity.
pH
The logarithm of the reciprocal or the concentration of hydrogen
ions expressed in grams per liter of solution and is an indication
of acidity or alkalinity of a substance.
PPM
Parts per million by weight.
SANITARY SEWAGE
Normal, water-carried household and toilet wastes discharged
into the sewage collection system from an improved property.
SEWAGE
Sanitary sewage and/or industrial wastes.
SEWAGE COLLECTION SYSTEM
All facilities, as of any particular time, for collecting,
pumping, transporting, treating and disposing of sanitary sewage and/or
industrial wastes, owned or to be owned by the Authority and to be
leased to the Township for operation and use.
SEWAGE DISPOSAL SYSTEM
All facilities, as of any particular time, for transporting,
treating and disposing of sanitary sewage and/or industrial wastes,
presently being operated by the Borough.
SEWER
Any pipe, main or conduit constituting a part of the sewage
collection system used or usable for sewage collection purposes.
SEWER PERMIT
That permit issued before any person, firm, association,
corporation or other entity may erect, construct, alter, or extend
any sewage disposal system of any kind within the corporate limits
of Derry Township, Mifflin County, Pennsylvania.
TOWNSHIP
The Township of Derry, Mifflin County, Pennsylvania, a Pennsylvania
municipality, acting by and through its Board of Supervisors or, in
appropriate cases, acting by and through its authorized representatives.
TREATMENT AGREEMENT
The agreement, dated as of June 6, 1967, among the Township,
the Borough and the Municipal Authority of the Borough of Lewistown,
as amended by an agreement dated January 31, 1969 (which added the
Derry Township Sanitary Sewer Authority as a party), all providing
for the reception, transportation, treatment and disposal of sanitary
sewage and industrial wastes from the sewage collection system by
the Borough, together with any supplements and amendments from time
to time made thereto.
Sewer rentals or charges are imposed upon and shall be collected
from the owner of each improved property which shall be connected
to the sewage collection system, for use of the sewage collection
system, whether such use shall be direct or indirect, which sewer
rentals or charges shall commence and shall be effective upon the
date the sewage collection system shall be leased from the Authority
to the Township or as of the date of connection of each such improved
property to the sewage collection system, whichever shall last occur,
and shall be payable as provided herein, in accordance with the following
schedule of rates and classifications:
A. Residential.
(1) Each
private dwelling unit, $528 per annum, payable at the rate of $132
per quarterly billing period.
(2) Each
dwelling unit in a double house, in a row of connecting houses or
in an apartment building shall be billed as a separate entity.
B. Nonresidential (commercial, industrial, schools, clubrooms, firehouses,
professional offices, banks, hospitals, churches, chapels, institutions,
etc.).
(1) All owners of nonresidential improved properties connected to the
sewage collection system shall pay sewer rentals or charges based
upon actual water consumption, with exceptions as hereinafter noted.
All sewer rentals or charges based upon water consumption shall be
computed at the rate of $12.50 per 1,000 gallons of water consumed
during the quarter annum for which the billing is rendered; provided,
however, that the minimum sewer rental or charge for each nonresidential
improved property shall be $132 per quarterly billing period.
(2) The volume of water to be used for billing sewer rentals or charges
to owners of nonresidential improved properties connected to the sewage
collection system shall include any and all water purchased from any
private or public water company, including any municipality or municipality
authority, and in addition all water obtained from any other source
(wells, springs, streams, etc.), as determined:
(a)
By meters installed and maintained by any private or public
water company, including any municipality or municipality authority;
or
(b)
By meters installed and maintained by the Authority or this
Township; or
(c)
By meters maintained and installed by the owner of the nonresidential
improved property, as approved by this Township; or
(d)
From estimates or measurements made by this Township, where
this Township considers metering impractical.
(3) Exclusion from the sewage collection system of noncontaminated wastewaters may be required by this Township or such exclusion may be optional with the owner of the nonresidential improved property if not required by the Township. When such waters are so excluded, the sewer rental or charge will be based on total water consumed, less water excluded, at the rate stipulated under Subsection
B(1) above. Water excluded may be determined from meters installed and maintained by the owner of the nonresidential improved property, as approved by the Township, from estimates or measurements made by the Township, or the owner of the nonresidential improved property may elect to measure the volume of wastes actually discharged to the sewage collection system as provided for below.
(4) The Township may require an owner of an industrial establishment
or the owner of an industrial establishment may elect to install,
pay for and maintain a meter approved by the Township for measuring
wastes discharged into the sewage collection system, in which case
the sewer rentals or charges shall be based on the actual quarterly
volume of wastes discharged into the sewage collection system. Said
rentals or charges shall be computed at the rate of $12.50 per 1,000
gallons of wastes discharged into the sewage collection system during
the quarter for which the billing is rendered; provided, however,
that the minimum sewer rental or charge for each such industrial establishment
shall be $132 per quarterly billing period.
(5) Industrial establishments discharging sewage into the sewage collection system having a BOD content greater than 250 ppm and a suspended solids content greater than 250 ppm shall pay a strength of waste surcharge, in addition to applicable volume charges set forth under Subsection
B(1) above, equal to 5/100 of 1% for each ppm by which the BOD exceeds 250 ppm, plus 5/100 of 1% for each ppm by which the suspended solids exceed 250 ppm. Surcharges shall be applicable to sewer rentals or charges under Subsections
B(1),
(2),
(3) and
(4) above. The strength of waste to be used for establishing the amount of surcharge shall be determined at least once annually either by suitable sampling and analyses of the wastes for a three-day period, during which time the strength of waste discharged or production is at a maximum, or by relating production and waste strength at the time of sampling to waste strength at maximum production if sampling is not performed at the time of maximum production, or from estimates made by the Township, or from known relationships of products produced to strengths of waste for those industries where such factors have been established. In establishing waste strengths for surcharge purposes, analyses shall be made in accordance with procedures outlined in the latest edition of "Standard Methods for Analysis of Water and Wastewater," published by the American Public Health Association, or its successor.
[Amended 6-5-2017 by Ord.
No. 2017-1]
(6) Additional classifications and sewer rentals or charges or modifications
of the above schedule of sewer rentals or charges may be established
by the Township from time to time as deemed necessary. Nothing contained
herein shall be construed as prohibiting special agreements between
the Township and establishments connected to the sewage collection
system under conditions and circumstances making special agreements
advisable and necessary.
C. Residential rate for the South Hills Sewer District.
[Amended 6-5-2017 by Ord.
No. 2017-1]
(1) Each private dwelling unit: $528 per annum, payable at the rate of
$132 per quarterly billing period.
(2) Each dwelling unit in a double house, in a row of connecting houses
or in an apartment building shall be billed as a separate entity.
D. Sewer rate for the Burnham Sewer District.
(1) In that there are a number of improved properties within the Township
which, in accordance with intergovernmental agreements between the
Township and the Derry Township Sanitary Sewer Authority and the Borough
of Burnham and the Burnham Borough Authority, receive sanitary sewer
service from the Borough of Burnham and the Burnham Borough Authority
via the Burnham wastewater collection system and the Burnham Wastewater
Treatment Plant, that separate sewer district (i.e., the Burnham Sewer
District) heretofore created and which is hereby confirmed, shall
include any improved property within the Township, which now or hereafter
receives sanitary sewer service from the Borough of Burnham and the
Burnham Borough Authority in accordance with an intergovernmental
agreement between the Township and the Derry Township Sanitary Sewer
Authority and the Borough of Burnham and the Burnham Borough Authority,
as applicable.
(2) The sewer rental rate imposed on an improved property in the Burnham
Sewer District shall be the same as imposed by the Borough of Burnham
thereon, as amended from time to time, and which rate is incorporated
herein by reference, plus a Township administration fee of $20. [NOTE:
For example, as of the date of the adoption of this chapter, the quarterly
sewer rate per dwelling unit for a residential property in the Township
which is served by the Borough of Burnham shall be $152, which amount
is comprised of the present $44 per month (i.e., $132 per quarter)
sewer rate charged by the Borough of Burnham for a residential property
and the $20 Township administration fee. The total amount will automatically
change should the Borough of Burnham change its sewer rate for said
classification of property and, accordingly, will then consist of
any new sewer rate charged by the Borough of Burnham for such, plus
the $20 Township administration fee.]
Sewer rentals or charges hereby imposed shall be a lien on the improved property connected to and served by the sewage collection system from the date such sewer rental or charge becomes due and payable under provisions of this article. All sewer rentals or charges hereby imposed which shall not be paid after 15 days, as provided in §
172-19B of this chapter, at the discretion of the Township, shall be filed as a lien against the improved property connected to and served by the sewage collection system, which lien shall be filed in the Office of the Prothonotary of Mifflin County, Pennsylvania, in the manner provided by law for the filing of municipal claims.