[Ord. 152, 9/29/1987, § 301]
This Part shall be known as the "Sewer Rate and Charge Ordinance of North Strabane Township."
[Ord. 152, 9/29/1987, § 302; as amended by Ord. 174, 3/27/1990, § 1; and by Ord. 178, 3/12/1991, § 1]
The North Strabane Township Board of Supervisors finds and declares that it is determined, based on the recommendations of the North Strabane Township Municipal Authority ("Authority"), to consolidate the three remaining sewer districts into one sewer district for sewer rate and charge purposes.
[Ord. 152, 9/29/1987, § 303; as amended by Ord. 174, 3/27/1990, § 2; by Ord. 178, 3/12/1991, § 2; by Ord. 185, 1/26/1993, § 1; and by Ord. 318, 5/29/2007]
Unless the context specifically indicates otherwise, the meanings of terms used in this Part shall be as follows:
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter (mg/l).
COMMERCIAL USER
Without limiting the generality of the foregoing, all retail stores, restaurants, office buildings, laundries and other private business and service establishments of any kind or nature, except those which are industrial users, residential users, institutional users or governmental users, as these terms are defined herein.
EDU (EQUIVALENT DWELLING UNIT)
The amount of water consumed each year for each residential use, or 58,000 gallons of water consumed per year or estimated to be consumed per year for nonresidential use.
FIXED RATE
The charge required to be paid for debt service payments and cover as set forth in the trust indentures securing the series of 2003 issue and resulting from any future borrowings, and the bond anticipation notes and minimum charges required to cover other constant charges agreed upon by the industrial users, commercial users, institutional users and governmental users and the Township and Authority.
GOVERNMENTAL USERS
legislative, judicial, administrative and regulatory activities of Federal, State and local governments, agencies and authorities and similar users.
INDUSTRIAL USER
Any nongovernmental, nonresidential user of the publicly owned treatment works and/or sewerage system, which is identified in the Standard Industrial Classification Manual, 1972, Office Management and Budget, as amended and supplemented, under the following divisions: Division A – Agriculture, Forestry, and Fishing; Division B – MininG; Division D – Manufacturing; Division E – Transportation, Communications, Electric, Gas and Sanitary; and Division I — Services.
INSTITUTIONAL USER
Social, charitable, religious and educational activities and organizations such as schools, churches, hospitals, nursing homes, penal institutions and similar uses.
LARGE COMMERCIAL, INDUSTRIAL OR INSTITUTIONAL USER
Those commercial, industrial and/or institutional users whose estimated or actual annual water consumption equals or exceeds 10 million gallons.
NONUSER
An individual or entity, who/which has obtained a tap permit with respect to a property, as set forth in Part 1 of this Chapter 18 of the Township of North Strabane Code of Ordinances, but who/which has not, at a time prior to the date occurring two years after the date of issuance of the tap permit, physically connected the property to the Municipal Authority's public wastewater system and satisfied the requirements of an inspection of said connection by the Municipal Authority, as otherwise required by Township ordinance.
NORMAL DOMESTIC WASTEWATER
Wastewater that has not more than a biochemical oxygen, demand (BOD) concentration of 208 mg/l and suspended solids (SS) concentration of 220 mg/l, an ammonia nitrogen (NH3N) of 15 mg/l and a phosphate concentration (PO4) of 20 mg/l and a pH not lower than 5.0 or greater than 9.0.
OPERATION AND MAINTENANCE
Those functions that result in expenditures during the useful life of the sewerage system for material, labor, utilities and other items which are necessary for managing and operating and maintaining the system for the purpose for which sewerage facilities, treatment works and systems are designed and constructed. The term "operation and maintenance" includes replacement as defined herein.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the sewerage systems to maintain the capacity and performance for which such systems were designed and constructed.
RESIDENTIAL USE
Any room, group of rooms or enclosure, occupied or intended for occupancy as the separate living quarters of a person living alone, a family or any other group of persons living together. The water consumed each year by each residential dwelling unit within a house, in a double house, in a row of connecting houses, in a condominium, in a motel room, or in the separate living quarters of a congregate care facility or congregate living facility, or in an apartment building shall be defined as one EDU.
RESIDENTIAL USER
Any contributor of sewage to the Township's sewerage system whose lot, parcel, real estate, or building is used for domestic dwelling purposes only.
SEWERAGE SYSTEMS
Any devices and systems for the collection, transmission, storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment, treatment works and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of any treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined stormwater and sanitary sewer systems.
SHALL
Is mandatory; MAY is permissive.
SS (SUSPENDED SOLIDS)
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
TREATMENT RATE
The rate paid to the Canonsburg-Houston Joint Authority or any other treatment facility for the treatment of the wastewater.
USEFUL LIFE
The estimated period during which a treatment works and/or sewerage system will be operated.
USER CHARGE
That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of any wastewater treatment works and sewerage system.
WATER METER
A water volume measuring and recording device, furnished and/or installed by a user and approved by the Pennsylvania-American Water Company or its successors.
[Ord. 152, 9/29/1987, § 304; as amended by Ord. 174, 3/27/1990, § 3; by Ord. 178, 3/12/1991, § 3; by Ord. 262, 8/24/1999, § 1; by Ord. 308, 4/18/2006; and by Ord. No. 400, 5/31/2022]
Schedule of Sewer User Rates and Charges for North Strabane Township, as mandated by the Canonsburg-Houston Joint Authority is set forth on said schedule that is adopted and maintained by the North Strabane Township Municipal Authority.
[Ord. 152, 9/29/1987; as added by Ord. 174, 3/27/1990, § 4; and amended by Ord. 178, 3/12/1991, § 4]
North Strabane Sewer Districts A, B, and C are hereby consolidated for sewer rate and charge purposes. Sewer rates and charges are now uniform throughout North Strabane Township.
[Ord. 152, 9/29/1987, § 305; as amended by Ord. 178, 3/12/1991, § 5]
1. 
The Authority or its designated agent shall collect and receive any and all sewer rates and charges set forth in this Part.
2. 
The revenue collected shall be deposited into the North Strabane Township Municipal Authority Operating Fund.
3. 
Fiscal year-end balances in the account shall be used for no other purposes than those authorized.
[Ord. 152, 9/29/1987, § 306; as amended by Ord. 174, 3/27/1990, § 5; by Ord. 179, 3/12/1991, § 6; and by Ord. 318, 5/29/2007]
1. 
Each user shall pay for the services provided by the Authority based on use of the sewerage system.
2. 
For residential, industrial, institutional, governmental and commercial users, quarterly user charges will be based on actual water usage as recorded by water meters.
3. 
Where water meters are not in use, the quarterly user charge for a residential user will be based on a fixed rate of 15,000 gallons of water used per quarter. Where water meters are not in use, the quarterly user charge for a nonresidential user shall be based on estimated water usage as determined by the Authority's consulting engineer.
4. 
If a residential, commercial, institutional or industrial user uses water that is not discharged into the collection system, the user may request that his/its user charges be based on readings of a deduct meter(s) installed and maintained at the user's expense on water lines to uses which will not discharge to the sanitary sewer. If the Authority agrees to such use of a deduct meter, the quarterly use charge shall initially be based on use as reflected in the water meter readings, but shall be subject to adjustment based on the deduct meter readings. The Authority shall nonetheless retain the right to independently monitor:
A. 
The accuracy of operation of the deduct meters.
B. 
The accuracy of the use of such deduct meters in determining amounts discharged into the sanitary sewerage system.
C. 
The placement of deduct meters to measure only water consumed that does not and cannot enter the sanitary sewer.
In the event that the Authority determines that said deduct meters are not positioned correctly or operating accurately, or are not accurate in determining amounts of discharge into the sanitary sewerage system, the Authority shall return to calculating the user's quarterly user charges on the basis of water meter readings, until such time as the condition(s) affecting the accuracy of the deduct meters or the accuracy of use of such meters in determining amounts discharged into the sanitary sewerage systems has been determined, and is mutually agreed upon by the Authority and the user to be satisfactory.
5. 
A large commercial, industrial or institutional user which uses water that is not discharged into the collection system may request that calculation of its water usage for purposes of this Part be based on readings of specified water meters installed or to be installed on only those specific lines through which flows water which will be discharged into the collection system. Upon request of such a large commercial, industrial or institutional user, the Authority may (but shall not be required to) agree to calculation of water usage for purposes of this Part based on the readings of such specified water meters. In the event that the Authority agrees to this alternated method of calculation of sewage discharge, the Authority shall nonetheless retain the right to independently monitor:
A. 
The accuracy of operation of the water meters.
B. 
The accuracy of the use of such water meters to determine or estimate amounts of discharge into the sanitary sewage system.
C. 
The accuracy, position, and designation of specified water meters to calculate sewage discharge into the sanitary sewerage system pursuant to this Part.
In the event that the Authority determines that said meters are not opening accurately, or are not accurate in determining amounts of discharge into the sanitary sewerage system, the Authority shall return to calculating the user's quarterly user charges on the basis of master meter readings, until such time as the condition(s) affecting the accuracy of the wastewater meters or the accuracy of use of such meters in determining amounts discharged into the sanitary sewerage system has been determined, and is mutually agreed upon by the Authority and the user to be satisfactory.
6. 
Each user shall pay the rates as set forth in the Schedule of User Rates and Charges that is adopted and maintained by the North Strabane Township Municipal Authority.
[Amended by Ord. No. 400, 5/31/2022]
7. 
For those users whose wastewater requires more treatment than normal domestic wastewater sewage, an extra-strength sum, in addition to the normal charges, will be collected. The additional charge for operation and maintenance, including replacement, shall be the rates charged by the Canonsburg-Houston Joint Authority, or the following rates, whichever are greater.
A. 
One dollar per pound of BOD.
B. 
One dollar and $0.10 per pound of SS.
C. 
Fifty cents per pound of NH3N and PO4.
8. 
Any user who discharges any toxic pollutants (as defined in Part I of this chapter) which cause an increase in the cost of managing the effluent or the sludge from the treatment plant(s), or any user who discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance or replacement of the sewerage systems shall pay for such increased costs. The charge to each such user shall be as determined by the Township upon recommendation by the Authority.
[Ord. 160, 6/7/1988, § 306.1; as added by Ord. 185, 1/26/1993, § 2; and as amended by Ord. 318, 5/29/2007]
1. 
For each EDU identified with an expired tap permit, a nonuser shall pay a quarterly nonuser charge, calculated by multiplying the rate set forth in the prevailing schedule of sewer user rates as established by duly adopted ordinances of the Township of North Strabane by 14.5, as follows:
(Sewer rate per 1,000 gallons) x (number of EDUs identified in expired tap permit) x 14.5 quarterly nonuser charge
2. 
This charge shall be a nonrefundable charge, as it represents a reservation, on the part of the nonuser, of a certain level of capacity in the Municipal Authority's public wastewater system after expiration of the natural two-year life of a tap permit. Payment of such charge shall extend the life of the permit beyond that period during which it otherwise would have existed, for such period of time that said nonuser charges are timely paid; provided, however, that:
A. 
On or before the original expiration date of the tap permit, the nonuser has provided written notification to the Authority of his/its interest in extending the life of the tap permit; and
B. 
The nonuser agrees in writing to, and does in fact, pay to the Authority such difference, if any, between the cost of a tap at the time originally purchased and the cost of the tap at the time the property is actually physical connected to the Municipal Authority's public wastewater system and appropriate inspections on behalf of the Authority have been concluded, as otherwise required by Township ordinance.
3. 
Each EDU identified within 150 feet of a public sewer system required to connect that has not connected as per § 115 shall pay, in addition to any liens or penalties, a quarterly nonuser charge, calculated by multiplying the rate set forth in the prevailing schedule of sewer user rates as adopted by the Township of North Strabane as follows:
(Sewer rate per 1,000 gallons) x (number of EDUs identified) x 14.5 quarterly nonuser charge
[Ord. 152, 9/29/1987, § 307; as amended by Ord. 174, 3/27/1990, § 6; by Ord. 178, 3/12/1991, § 7; by Ord. 187, 1/26/1993, § 1; and by Ord. 221, 1/23/1996, § 1; by Ord. 274, 12/19/2000, § 1; and by Ord. 318, 5/29/2007]
1. 
Bills or invoices (hereinafter "invoices") for said sewer service shall be submitted in the form and manner prescribed by the Authority. As a courtesy to the owner of the property (if different from the user), all bills for sewer service shall be directed to the user of the premises to which sewer service is furnished, unless the owner, in writing, otherwise directs. The owner of the property shall, however, in all cases, be liable for payment of such bills. As used herein, the term "user" includes but is not limited to the owner of the property to which service is provided.
2. 
All users shall be invoiced quarterly, and payment of invoices shall be due within 28 days of the invoice date. This date shall be known as the "due date."
3. 
When the invoice has not been paid on or before the due date, it shall be considered delinquent. At such time, a late payment charge of 5% of the amount of the invoice shall also be imposed. This late payment charge shall be in addition to the remedies otherwise available to the Authority hereunder.
4. 
If the invoice is not paid within 28 days of its date, that is, by the due date, the following procedures shall also be utilized by the Authority:
A. 
Not more than 15 days after the due date, the Authority shall mail a letter to the user (and the owner of the property at issue, if different) requesting that the account be paid in full or, alternatively, that the user meet with the Authority to establish a payment plan and schedule acceptable to the Authority.
B. 
In the event of the failure of a user (or owner of the property at issue, if different) to respond to the Authority's letter referred to in Subsection 4A above or to establish a payment plan and schedule within 10 days of the date of the said letter or upon the user's or owner's failure to timely comply with any such payment plan and schedule so established, the Authority, at least 10 days prior to terminating service, shall mail to the user (and owner of the property at issue, if different), by first class mail, and also post the main entrance to the property at issue, with a notice in substantially the form as previously adopted by the Township and which may be administratively updated and changed from time to time by the Township consistent with the provisions of the Township ordinances.
[Ord. 152, 9/29/1987, § 308; as amended by Ord. 174, 3/27/1990, § 7; and by Ord. 178, 3/12/1991, § 8]
Users contributing more than 6,000 gallons of wastewater per month and whose waste strength is greater than 208 mg BOD/1 or 220 mg SS/1 shall prepare and file with the Authority a report that shall include pertinent data relating to the wastewater characteristics of its discharges, including the methods of sampling and measurement to obtain this data. This data shall be used to calculate the user charges for that user. Representatives of the Authority shall have the right to gain access to the waste stream of the user(s) and take its own samples. In the event the Authority does so and should the results be substantially different than those results as determined and certified to the Authority by the user, the user charge for that user shall be revised for the next billing cycle/period.
[Ord. 152, 9/29/1987, § 309; as amended by Ord. 174, 3/27/1990, § 8]
1. 
Any industrial user who deems his user charge is unreasonable and/or inequitable may make written application to the Authority requesting a review of his user charge. Said written request shall, where necessary, show the actual or estimated average flow and/or strength of his wastewater in comparison with the values upon which the charge is based, including how the measurements or estimates were made.
2. 
Review of the request shall be made by the Authority and, if approved, the user charges for that user may be recomputed based on the revised flow and: or strength data. Upon amendment of this Part, the new charges shall be applicable to the next billing cycle/period.
[Amended by Ord. No. 400, 5/31/2022]
[Ord. 152, 9/29/1987, § 310; as amended by Ord. 174, 3/27/1990, § 9]
1. 
The Authority will review the user charges at least annually and recommend to the Township the rates necessary to ensure that adequate revenues are generated to pay the costs[1] of operation and maintenance (including replacement) of the sewerage system, and that such revenues remain sufficient to provide for the proportional distribution of operation and maintenance, including replacement costs, among users and user classes.
[1]
Editor's Note: Ord. 174, original spelling was "cots."
2. 
The Authority will notify the Township and each user at least annually of the rate being charged for operation and maintenance (including replacement) of the new sewerage system.
[Ord. 174, 3/27/1990, § 10; as amended by Ord. 178, 3/12/1991, § 9; by Ord. 187, 1/26/1993, § 2; by Ord. 262, 8/24/1999, § 2; and by Ord. 274, 12/19/2000, § 2]
The provisions of Chapter 18, Part 3, § 307, as amended herein shall become effective on November 1, 2000, and the terms of the ordinance shall apply to all invoices dated that same date or a later date, regardless of the actual date of use.
[Ord. 185, 1/26/1993, § 3]
The provisions of § 306.1 of this Part shall be retroactive to January 1, 1992, and shall be applicable to any outstanding tap permits issued prior to that date which as of that date had not yet expired as established by Township ordinance or Township and/or Authority regulations.
[Ord. 221, 1/23/1996, § 2]
The provisions of § 307(5) of this Part shall apply to all invoices dated January 16, 1996, or a later date, regardless of the actual date of issue.