Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this article shall be as
follows:
Derry Township Sanitary Sewer Authority, a Pennsylvania municipality
authority.
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.
Includes, as applicable, each of the following: a "commercial
establishment," a "dwelling unit," an "industrial establishment,"
and an "institutional establishment."
The Borough of Lewistown, Mifflin County, Pennsylvania, a
Pennsylvania municipality.
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.
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.
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.
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.
Any and all wastes discharged from an industrial establishment,
other than sanitary sewage.
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.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, firm, partnership, company, association,
society, trust, corporation or other group or entity.
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.
Parts per million by weight.
Normal, water-carried household and toilet wastes discharged
into the sewage collection system from an improved property.
Sanitary sewage and/or industrial wastes.
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.
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.
Any pipe, main or conduit constituting a part of the sewage
collection system used or usable for sewage collection purposes.
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.
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.
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:
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]]
(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.
[1]
Editor's Note: This ordinance also provides that the amendment
to this subsection shall become effective 10-1-2017, and shall govern
and control all services, rates and charges within the South Hill
Sewer District on and after 10-1-2017.
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.]
A.
Timing of billing.
(1)
All bills for sewer rentals or charges, except those based on metered
water consumption or metered waste volume, shall be rendered in calendar
quarters, on the first days of January, April, July and October, respectively,
in each year, or on such other dates as the Derry Township Sanitary
Sewer Authority by resolution shall specify, and shall cover a quarterly
billing period consisting of the immediately preceding three complete
calendar months.
(2)
All bills for sewer rentals or charges based on metered water consumption
or metered waste volumes or estimates of the Township shall be rendered
for each calendar quarter promptly after the meters are read or estimates
made.
(3)
Owners of improved properties connected to the sewage collection
system during any calendar quarter shall pay a pro rata sewer rental
or charge for service for the balance of the calendar quarter.
B.
Sewer rentals or charges shall be due and payable upon the applicable billing date as provided for in Subsection A of this § 172-19 and the appropriate amount computed in accordance with this article shall constitute the net bill. If sewer rentals or charges are not paid within 15 calendar days after each billing date, an additional sum of 10% 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 fifteen-calendar-day period shall constitute payment within such period. If the end of such fifteen-calendar-day period shall fall on a legal holiday or 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 sewage
collection system initially shall provide the Township with and thereafter
shall keep the Township 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 such failure result in
an extension of the period of time during which the net bill shall
be payable.
D.
Billing.
(1)
If, in the case of a dwelling unit during a quarterly service period,
a new such unit is added, the existent unit is discontinued, water
service to the unit (and by necessary implication, sewer service to
the unit) is terminated, a lease, conveyance or other disposition
or transfer results in a new person becoming the one to whom bills
for the unit are to be rendered, or the type or class of the unit
changes, then the bill for the former unit, tenant or owner and, if
applicable, the bill for the new or successor unit, tenant or owner
shall be computed on the basis of:
(a)
One-third of the quarterly flat rate sewer rent prescribed for the
unit, if sewer service for the unit was furnished for only one month
during the quarterly service period;
(b)
Two-thirds of the quarterly flat rate sewer rent prescribed for the
unit, if sewer service for the unit was furnished for only two months
during the quarterly service period;
(c)
The full quarterly flat rate sewer rent prescribed for the unit,
if sewer service for the unit was furnished for the three calendar
months, comprising the quarterly service period.
(2)
In the case of industrial establishments where, during a quarterly service period, an event described in Subsection D(1) occurs, the bill for the former unit, tenant or owner and, if applicable, the bill for the new or successor unit, tenant or owner shall be computed on the basis of:
(a)
The actual total gallons of sewage discharged by, or the actual
total gallons of water supplied to, the industrial unit during the
quarterly service period, if the total gallons exceed 10,500 gallons;
(b)
If the total gallons are 10,499 gallons or less, 1/3 of the
minimum charge or 2/3 of that minimum charge or the full amount of
the minimum charge depending upon the number of months, during the
quarterly service period, for which service was furnished for the
industrial establishments.
(3)
Minimum rental charge due to vacancy; requirements.
(a)
Notwithstanding anything herein to the contrary, a minimum rental
charge of $85 per quarter is hereby imposed upon any unit in which
there is a vacancy for a full quarter. To be eligible for the minimum
rental charge, the owner of said improved property is required to
give written notice to the Derry Township Sanitary Sewer Authority
10 days in advance and prior to the vacancy and prior to the full
quarter in which the property is to be vacant.
(b)
Upon reoccupancy, the property owner shall immediately notify the
Authority.
(4)
When sewer service is furnished for a particular billable unit for
a least one day in a calendar month, such period of service shall
be deemed to be a full month of service for that unit.
(5)
In all cases, payment is and shall remain the obligation of the owner
of improved property.
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.
A.
The Township reserves the right to refuse permission to connect to
the sewage collection system, to compel discontinuance of use of the
sewage collection system or to compel pretreatment of industrial wastes
by any industrial establishment in order to prevent discharges deemed
harmful or to have a deleterious effect upon any portion of the sewage
collection system or the sewage disposal system.
B.
No person shall discharge or cause to be discharged into the sewage
collection system any stream, roof water, stormwater, tile drain discharge,
building foundation drainage, surface drainage or other water, or
any sewage or other matter; unless otherwise specifically permitted,
authorized or approved by the Township, the Borough and the Commonwealth
of Pennsylvania or any duly constituted board, commission or department
thereof having jurisdiction in the premises:
(1)
Having a temperature higher than 150° F.;
(2)
Containing more than 100 ppm of fats, tar, oil or grease;
(3)
Containing any gasoline, benzine, naphtha, fuel oil or other flammable
or explosive liquid, solid or gas;
(4)
Containing any solid wastes resulting from preparation, cooking and
dispensing of food and from handling, storage and sale of produce,
which wastes commonly are known as garbage, which have not been ground
by household type garbage disposal units or other suitable garbage
grinders;
(5)
Containing any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, cotton, wool, plastics or other fibers,
wood, paunch manure or any other solid or viscous substance capable
of causing obstruction or other interference with the proper operation
of the sewage collection system or sewage disposal system;
(6)
Having a pH (as determined by consulting engineers for the Township
and the Borough) 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 sewage collection system or sewage disposal
system;
(7)
Containing a toxic or poisonous substance in sufficient quantity
to injure or interfere with any sewage or sludge treatment process,
to constitute a hazard to humans or animals, or to create any hazard
in waters that receive treated effluent from the sewage disposal system.
Toxic wastes shall include, but shall but shall not be limited to,
wastes containing cyanide, copper, chromium or other metallic ions;
(8)
Containing total solids of such character and quantity that unusual
attention or expense is required to handle such materials; or
(9)
Containing noxious or malodorous gas or substance capable of creating
a public nuisance.
C.
Where necessary, all owners shall install suitable pretreatment facilities in order to comply with Subsection B of this § 172-21.
(1)
Plans, specifications and any other pertinent information relating
to proposed facilities for preliminary treatment and handling of wastes
shall be submitted for approval of the Township and no construction
of any such facility shall be commenced until approval thereof first
shall have been obtained, in writing, from the Township, and until
approval thereof first shall have been obtained from any governmental
regulatory body having jurisdiction.
(2)
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 the Township shall have access to such facilities
at reasonable times for purposes of inspection and testing.
(3)
In cases where the Township Secretary or the Sewer Inspector believes that there is a reasonable possibility or risk that a material or substance referred to in Subsection B(1) through (9), or fats, oils or grease from a restaurant, or from a kitchen in some other commercial or institutional use in excess of the permissible limit referred to in Subsection B(2) and (4), could be drained or discharged into a building sewer (and thus into a sanitary sewer or lateral of the Authority), the Township Secretary or the Sewer Inspector may require that interceptors of a type approved by the Township Secretary or the Sewer Inspector be installed in a location outside of the improved structure as ordered by said official.
D.
Nothing contained in this § 172-21 shall be construed as prohibiting any special agreement or arrangement between the Township and any person whereby industrial wastes of unusual strength or character may be admitted into the sewage collection system by the Township, either before or after preliminary treatment, provided said special agreement or arrangement also is approved by the Borough.
A.
No person shall discharge or cause to be discharged into the sewage
collection system any industrial wastes except upon application to
the Township and upon receipt of a written permit therefor by the
Township.
B.
Required survey data. Any person desiring to make or use a connection
to the sewage collection system through which industrial wastes shall
be discharged into the sewage collection system shall file with the
Township an "Industrial Wastes Questionnaire," to be furnished by
the Township, which shall supply to the Township pertinent data, including
estimated quantity of flow, characteristics and constituents, with
respect to industrial wastes proposed to be discharged into the sewage
collection system.
C.
Control manholes.
(1)
Any person who shall discharge industrial wastes into the sewage
collection system, when required by the Township, shall construct
and thereafter properly shall maintain, at his own expense, a suitable
control manhole and other devices as may be approved by the Township
to facilitate observation, measurement and sampling by the Township
of industrial wastes discharged to the sewage collection system.
(2)
Any such control manhole, when required by the Township, shall be
constructed at an accessible, safe, suitable and satisfactory location
in accordance with plans approved by the Township prior to commencement
of construction.
D.
Changes in type of wastes. Any industrial establishment discharging
sewage into the sewage collection system and contemplating a change
in the method of operation which will alter the volume characteristics
or constituents of wastes at the time being discharged into the sewage
collection system shall notify the Township, in writing, at least
10 days prior to consummation of such change.
E.
The Township 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 sewage collection
system.
A.
The furnishing and installation of meters or other measuring devices
which shall not be owned by the Township or the Authority or any private
or public water company, including any municipality or municipality
authority, but shall be permitted under provisions of this chapter
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 the Township and may be tested and inspected
by the Township 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.
B.
The Township shall be responsible for the reading of all meters or
other measuring devices, other than those owned and read by any private
or public water company, including any municipality or municipality
authority, and the same shall be available to employees and agents
of the Township at all reasonable times.
C.
The Township shall have the right of access at reasonable times to
any part of any improved property served by the sewage collection
system as shall be required for purposes of inspection, measurement,
sampling and testing and for performance of other functions relating
to service rendered by the Township through the sewage collection
system.
A.
The Township reserves the right to adopt and promulgate, from time
to time, additional classifications and sewer rentals or charges therefor,
or modifications of the schedule of sewer rentals or charges as set
forth in this chapter, which additional classifications and sewer
rentals or charges, or modifications, as the case may be, shall be
construed as a part of this chapter.
B.
The Township reserves the right to adopt and promulgate, from time
to time, such additional rules and regulations as it shall deem necessary
and proper for the use and operation of the sewage collection system,
which rules and regulations shall be construed as a part of this chapter.
A.
Any person who shall violate this article shall in each case, upon
conviction thereof as a summary offense, be sentenced to pay a fine
of not less than $500 nor more than $1,000, together with the costs
of prosecution, and in default of payment of said fine and costs,
shall be sentenced to a term of imprisonment not to exceed 90 days;
provided that each day's neglect to comply with an order or each
day any violation of any requirement or provision of this article
is committed or continued, shall be considered a new offense and subject
in all respects to the same penalty as is herein provided.[1]
B.
Serving of notices.
(1)
Notices shall be served upon the owner, occupant, lessee, manager,
operator, agent or other person responsible for the violations or
the conditions:
(a)
By sending a copy of the notice by certified mail, return receipt
requested, to his last known address; or
(b)
By handing a copy to the person; or
(c)
By handing a copy to any adult person in apparent charge of
the person's residence, or in apparent charge of his office or
usual place of business or in apparent charge of the building, structure
or premises where the violation or condition exists.
(2)
If service of the notice is made by hand, it may be made by any adult
person in the employ of the Township of Derry, who shall make a return
of service setting forth the day, hour and place of service and the
name of the person to whom a copy of the notice was handed.
C.
The imposition of penalties herein provided shall not preclude the
Township from instituting an appropriate action or proceeding, including
an action in equity brought in the Court of Common Pleas, to prevent
an unlawful installation, connection, construction, addition, alteration,
repair, replacement, use, deposit, or discharge or to restrain, correct
or abate a violation or to prevent any unlawful action, condition
or use, and such appropriate actions and/or proceedings, including,
but not limited to, an action in equity, are hereby duly authorized
by this article.
