[Adopted 1-18-1962 (Ch. 99, Art. II, of the 1976 Borough Code)]
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
Penndel Municipal Authority.
The Borough of Penndel.
Any structure or any portion thereof intended to be used
wholly or in part for the purposes of carrying on a trade, business
or profession or for social, amusement, religious, educational, charitable,
institutional or public uses, and which contains plumbing for kitchen,
toilet or washing facilities.
Any structure intended to be used, wholly or in part, for
the manufacturing, fabricating, processing, cleaning, laundering or
assembly of any product, commodity or article.
Any solid, liquid or gaseous substance or waterborne wastes
or form of energy rejected or escaping from any industrial, manufacturing,
trade or business process or from the development, recovery or processing
of natural resources, as distinct from sanitary sewage.
Any individual, firm, company, association, society, corporation
or group.
A structure or dwelling intended to be occupied as a whole
by one family or an apartment intended to be occupied by one family
or any other one-family living unit.
The normal water-carried household and toilet wastes from
residences, business buildings, institutions and commercial and industrial
establishments.
Any person who may, from time to time, be placed in general
charge of the sewer system.
The complete sewer system, including the sewage collection
system within the Borough limits, leased to the Borough for operation
under the lease from the Authority dated February 1, 1962, together
with all improvements, extensions and capital additions from time
to time acquired or constructed by the Authority or the Borough.
The public agency or private company furnishing water service
to the particular property connected to the sewer system.[1]
There is hereby imposed upon the owner of or the user of water
in or on each property served by the sewer system and having the use
thereof quarterly sewer rents payable as hereinafter provided for
the use, whether direct or indirect, of the sewer system, based on
the schedules of classifications and rates or charges hereinafter
set forth.
A.
Each private dwelling or living unit shall pay a rental of $136.04
per quarter (three months) for the use of the sewer system.
[Amended 4-8-1976; 2-2-1981 by Ord. No. 81-2; 9-8-1986 by Ord. No. 86-6; 2-6-1989 by Ord. No.
89-1; 6-6-2005 by Ord. No. 2005-6; 6-28-2010 by Ord. No.
2010-6; 12-6-2010 by Ord. No. 2010-9; 12-2-2013 by Ord. No.
2013-4; 1-16-2018 by Ord. No. 2018-1; 12-28-2018 by Ord. No. 2018-5]
B.
In case of a combination of one or more private dwelling or living
units with a similar unit or units or with one or more commercial
or industrial establishments in one building, and each thereof having
the use of the sewer system through one sewer connection, each such
private dwelling or living unit and each such commercial or industrial
establishment shall be charged applicable rates as though each thereof
were in a separate structure and as though each thereof had a direct
and separate connection to the sewer system.
A.
Sanitary sewage and normal industrial waste.
[Amended 4-8-1976; 2-2-1981 by Ord. No. 81-2; 9-8-1986 by Ord. No. 86-6; 2-6-1989 by Ord. No.
89-1; 6-6-2005 by Ord. No. 2005-6; 6-5-2006 by Ord. No.
2006-1; 6-28-2010 by Ord. No. 2010-6; 12-6-2010 by Ord. No.
2010-9; 7-10-2012 by Ord. No. 2012-5; 12-2-2013 by Ord. No.
2013-4]
(1)
Metered rates. Industrial and commercial establishments whose sewer
rates are measured by meter shall pay sewer rates on a monthly basis.
The monthly sewer rents or charges from industrial or commercial shall
be based on the quantity of water used as evidenced by meter readings
of water meters installed by the water supplier for the purpose of
measuring water purchased from said water supplier and such other
meters or measuring devices as may be installed pursuant to the provisions
of this article or of the rules and regulations of the sewer system
and shall be subject to the minimum charges hereafter provided, as
follows:
|
Quantity of Water Used
(gallons per month)
|
Monthly Rates
|
|---|---|
|
Minimum 4,333
|
$90.57
|
|
Over 4,333
|
$5.80 per 1,000 gallons
|
(2)
Flat rates. Industrial and commercial establishments whose sewer
rates are not measured by meter shall pay sewer rates on a quarterly
basis. Regardless of water consumption, the minimum quarterly charge
for sanitary sewage from industrial or commercial establishments under
§ 332-10A(1) shall be $264.86 per quarter (every three months).
[Amended 1-16-2018 by Ord. No. 2018-1; 12-28-2018 by Ord. No. 2018-5]
B.
Excessive industrial waste. In the event that the Borough consents
to accept industrial waste into the sewer system having suspended
solids and/or biochemical oxygen demand in excess of the following
concentrations, suspended solids, 300 parts per million, and BOD,
250 parts per million, the total charge in dollars for the volume
of waste having concentrations in excess of the foregoing shall be
determined in accordance with the following formula:
|
Total Charge = Q + [0.001 Q(SS in ppm - 300)] + [0.001 Q(BOD
in ppm - 250)]
|
The Borough reserves the right to refuse connection to the sewer
system, to disconnect a sewer or to compel pretreatment of industrial
waste by an industrial establishment in order to prevent discharge
into the sewer system of industrial waste deemed to be harmful to
the sewage collection system or sewage treatment plant or to have
a deleterious effect on the sewage treatment or sludge-handling processes.
A.
Methods of measuring volume.
(1)
Whenever a person purchasing all water used from the water supplier
discharges sanitary sewage and/or industrial waste into the sewer
system, the volume of water used, as determined from meter readings
made by or made available to the Borough, shall be used in computing
the sewer rentals.
(2)
In cases where persons have sources of water supply in addition to
or other than from the water supplier and discharge sanitary sewage
and/or industrial waste into the sewer system, those persons may provide
a meter on such additional or other source of supply. The total amount
of water used, as shown by these meter readings, will be used in computing
the sewer rentals. If no such meter is installed, the Sewer Manager
shall estimate the total amount of water used for the purpose of determining
the sewer rentals.
(3)
In cases where persons use water from the water supplier and/or from
any other source such that all or any part of the water so used is
not discharged into the sewer system, the quantity of water used to
determine the sewer rentals shall be computed by one of the following
methods.
(a)
Method No. 1 shall be computed by placing a meter or measuring
device on the sewer connection. The readings from this meter or measuring
device shall be used in computing the sewer rentals.
(b)
Method No. 2 shall be computed by placing a meter or measuring
device on the effluent not discharging into the sewer system. The
reading from this meter or measuring device will then be deducted
from the total water meter readings, and the remainder will be used
in computing the sewer rentals.
(c)
Method No. 3. When in the opinion of the Sewer Manager it is
not desirable or not practical to install devices to continuously
determine the quantity of water not discharged to the sewer system,
the Sewer Manager will determine, in such manner and by such method
as he may prescribe, the percentage of metered water discharged into
the sewer system, and the quantity of water used to compute the sewer
rentals shall be the percentage so determined of the quantity measured
by the water meter or meters. Any dispute as to the estimated amount
shall be submitted to the Borough after notice of the estimate, and
the Borough's decision on the matter shall be final for the current
calendar year.
B.
Measuring devices. All meters or measuring devices not provided by
the water supplier but otherwise used under the provisions of this
article may be furnished and installed by the Borough at the expense
of the property owner and shall be owned by and under the control
of the Borough and may be tested, inspected or repaired by Borough
employees whenever deemed necessary. The owner of the property upon
which such measuring device is installed shall be responsible for
its maintenance and safekeeping, and all repairs thereto shall be
made by the Borough at the property owner's expense, whether
such repairs are made necessary by ordinary wear and tear or by other
causes. Bills for such installation and repairs shall be due and payable
at the same time and collected in the same manner as are the bills
for sewer services. Such bills from and after their due date shall
constitute a lien upon the property upon which such measuring device
is installed.
C.
Meter reading. The Borough shall be responsible for the reading of
all meters or measuring devices, unless such readings are otherwise
made available to the Borough by the water supplier, and they shall
be made available to Borough employees for meter reading at any reasonable
time.
If use or classification of any property should change within
any quarter, the difference in sewer rental, prorated on a monthly
basis to the nearest calendar month, will be charged or credited,
as the case may be, on the bill for the succeeding quarter. Additional
classifications and additional sewer rentals may be established by
the Borough from time to time.
A.
The above connection fees shall be payable upon application for a
permit to make such connection.
B.
Sewer rentals or charges shall be paid quarterly, and quarterly billings for sewer rentals shall be made by bills dated on or about the first day of January, April, July and October of each year for the quarterly calendar period immediately preceding the date of the bill. The bills for sewer rentals under § 322-9 for the first quarter during which a property is connected will be prorated on the basis of the quarterly rate. All bills shall be due and payable on their respective dates.
A.
Quarterly charges for sewer service shall be subject to a penalty
of 10% if not paid within 30 days after they are due. If not paid
within 60 days after becoming due, the bill plus the penalty shall
bear interest from the due date at the rate of 10% per annum or fraction
thereof until paid, and the Borough shall have the right to cut off
sewer service from the delinquent premises and not to restore the
same until all delinquent bills against the same and the cost of cutting
off and restoring service shall have been paid.
[Amended 4-8-1976; 2-2-1981 by Ord. No. 81-2; 7-2-2018 by Ord. No. 2018-3]
B.
All persons connected to the sewer system must give the Borough their
correct addresses. Failure to receive bills will not be considered
an excuse for nonpayment or permit an extension of the period during
which bills are payable at face.
C.
Payments made, as evidenced by the United States Post Office mark,
on or previous to the end of the period during which the bills are
payable at face will be deemed to be a payment within such period.
D.
Costs to be added to unpaid sewer charge or rent.
[Amended 12-4-1967; 7-2-2018 by Ord. No. 2018-3]
(1)
The reasonable and necessary out-of-pocket charges, costs, expenses,
commissions and fees incurred in collection, such as, but not limited
to, postage, title searches, prothonotary fees and sheriff fees, shall
be added to the unpaid claims.
(2)
Attorney's fees, as established by a fee schedule approved from
time to time by resolution of the Borough Council, shall be added
to the unpaid claims.
(3)
Every claim of the Borough for unpaid sewer rentals and charges,
together with penalties and interest, as well as other out-of-pocket
charges and attorney's fees described in this section, shall,
as provided by law, become a lien upon the property served, and, if
not paid within 60 days from the due date, may, at the discretion
of Borough Council, be filed as a municipal claim in the Court of
Common Pleas for Bucks County and collected in the manner provided
by law for the filing and collection of municipal claims, or may be
collected by an action in assumpsit commenced by the Borough against
the owner.
E.
Collection procedures to recover attorney's fees and costs.
[Added 7-2-2018 by Ord.
No. 2018-3]
|
The following collection procedures are hereby established in
accordance with the Municipal Claims and Tax Liens Act:[1]
|
(1)
At least 30 days prior to assessing or imposing attorney fees in
connection with the collection of an account, the Borough or its designee
shall mail or cause to be mailed, by certified mail, return receipt
requested, a notice of such intention to the property owner or owners
or other entity liable for the account.
(2)
If the certified mail notice is undelivered, then, at least 10 days
prior to assessing or imposing such attorney fees, the Borough or
its designee shall mail or cause to be mailed, by first-class mail,
a second notice to the property owner.
(3)
All notices required by this subsection shall be mailed to the property
owner's last known post office address as recorded in the records
of the Bucks County Board of Assessment, or its successor entity.
(4)
Each notice as described above shall include the following:
(a)
The type of charge, the date it became due and the amount owed,
including penalty and interest;
(b)
A statement of the Borough's intent to impose or assess
attorney fees within 30 days after the mailing of the first notice,
or within 10 days after the mailing of the second notice;
(c)
The manner in which the assessment or imposition of attorney
fees may be avoided by payment of the account; and
(d)
The place or manner of payment for accounts and the name and
telephone number of the Borough representative designated as responsible
for collection matters.
(5)
The procedures set forth in this subsection shall only apply to a
claim to include attorney's fees and costs and shall have no
bearing on a claim for the underlying municipal claim.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
The Borough reserves the right to, and may from time to time,
adopt, revise, amend and readopt such rules and regulations as it
deems necessary and proper for the use and operation of the sewer
system.
This article and any rules and regulations hereunder shall become
effective at once and shall be applicable to all properties as soon
as they respectively become connected with and have the right to use
the sewer system. The Borough reserves the right to make such changes
from time to time as, in its opinion, may be desirable or beneficial
and to amend this article or its rules and regulations or to change
the rates or charges, in such manner and at such times as in its opinion
may be advisable.
