A.
Sewer treatment and maintenance charges are hereby imposed and shall
be collected from the owner of each residential, commercial and industrial
unit connected with or using, directly or indirectly, the sewer system.
In addition, any residential, commercial or industrial unit not connected
with or using said sewer system, but which is available for connection
and use, shall pay a maintenance charge as set forth hereafter. The
funds derived from said charges shall be used to pay all costs incident
to the administration, operation, repair, replacement, cleaning, inspection
and maintenance of the sanitary sewers of the Township. The funds
shall be used to pay all debt service, including any and all interest
charges incident thereto; the cost of meters and installation charges
therefor; treatment, rent or reserved charges by the City of York,
Springettsbury Township or any other authority or municipality who
provides service as may be required; all costs of billing, including
postage, computer costs, salaries and other administrative expenses;
all attorneys' fees and costs of collection; all enforcement charges,
engineering, insurance, other expenses that are incurred in the operation
of said sewer system. Funds may be used for the purchase of sewage-flow
and monitoring equipment and for the rental therefor, together with
all reasonable inspection and maintenance charges.
B.
In addition, all funds so collected and not immediately expended
may be prudently invested to assure a reasonable return unless otherwise
limited or prohibited by law.
(1)
All fees charged hereunder for residential units, commercial units
and industrial units or for any other purpose shall be established
by resolution of the Township Commissioners.
(2)
A separate charge shall be made for each residential, commercial
or industrial unit as set forth in the fee resolution.
(3)
It shall be presumed that all metered water of any unit has been
discharged into the sewer system. If any water is not discharged to
the sewer system, the burden shall be upon the owner to prove the
amount of water excluded. When it is shown that water has not been
discharged to the sewer system, excess sewer rentals beyond the base
charge shall be based upon total water consumption less the amount
shown not to be discharged to the system.
A.
Volume measurement. The volume of water to be used for billing sewer
rentals to all sewer rental units shall include any and all water
purchased from the York Water Company or any other private or public
water company and, in addition, all water obtained from any other
source or sources (wells, springs, streams, etc.), as determined:
B.
Sewer meters. The Township may require a commercial unit or industrial
unit or the commercial unit or industrial establishment may elect
to install, pay for and maintain a meter approved by the Township
for measuring wastewaters discharged to the sewer system, in which
case sewer rentals shall be based upon the actual volume of wastes
discharged to the sewer system.
C.
Strength surcharge.
(1)
Industrial units discharging abnormal industrial wastes to the sewer system, as measured at the source, shall pay a strength of waste surcharge in addition to applicable volume charges in accordance with the requirements of Article V, hereof.
(2)
The strength of combined waste used for establishing surcharges shall
be determined at intervals deemed advisable by the Township. Combined
waste strengths may be determined:
(a)
By sampling and analysis over a three-day period during which time
the strength of the combined discharge or production is at a maximum;
or
(b)
By relating production and combined waste strengths at the time of
sampling to waste strengths at maximum production if sampling is not
performed at maximum production.
(3)
The collection and analysis of waste samples for determining applicable
surcharges shall be supervised by a registered professional engineer
approved by the Township. All costs for waste sampling and analysis
shall be paid by the industrial unit and the amount thereof shall
be added to the regular semiannual bill of such industrial unit. The
analysis of all waste samples collected to determine applicable surcharges
shall be made by a laboratory approved by the Township in accordance
with the latest edition of Standard Methods for the Examination of
Water and Wastewater, as published by the American Public Health Association.
D.
Inspection facilities. When directed by the Township, industrial
units shall install, pay for and maintain a manhole, or other device
as may be approved by the Township, to facilitate observation, measurement
and sampling of wastes discharged to the sewer system and treatment
plant. The Township or its duly authorized representatives shall at
all reasonable times be permitted to enter upon any and all properties
for the purpose of inspecting all metering devices and of observing,
measuring and sampling wastes discharged to the sewer system and treatment
plant. Any industrial unit that desires to connect with the sewer
system or which is connected to the sewer system and plans to change
its operations so as to materially alter the characteristics and volumes
of wastes discharged therefrom shall notify the Township in writing
at least 10 days before making such connection or changing its operations.
E.
Installation and maintenance of meters. If the owner of any commercial
or industrial unit shall be required pursuant to the foregoing provisions
to install a water meter or meters or a meter or meters for measuring
wastewaters, it shall be the duty of such owner to furnish and install
such meter at his own expense, and in such case and also if such owner
shall have voluntarily installed such meter or meters, such owner
shall be required to maintain the same in good operating condition
and make all necessary repairs and replacement. If the owner being
obligated so to do shall fail to furnish or install such meter or
meters or shall fail to maintain the same as above provided, then
in any such case, after 10 days' written notice by the Township to
perform such obligation, the Township may enter onto such property
at all reasonable times and install such meter or meters or repair
and maintain the same, as the case may be, and charge the cost of
such installation or repair to such owner. Bills for such installation
or repairs, if made by the Township, shall be due and payable immediately
upon completion of the work and shall be collected in the same manner
as quarter-annum bills for sewer rentals and charges.
F.
Amendments and modifications. Additional classifications and sewer
rentals or modifications of the above schedule of rentals may be established
or made by the Township from time to time as deemed necessary.
[Amended 5-10-2000 by Ord. No. 00-01; 2-13-2008 by Ord. No. 2008-03]
A.
Sewer rentals for all sewer rental units shall be billed each quarter
annum on the first day of each January, April, July and October, commencing
on the first next succeeding date upon which waste is first discharged
into the sewer system, and shall be due and payable immediately.
B.
If the full amount of such bill shall not be paid within 30 days
from the date of the billing, a penalty of 10% shall be added to the
amount due, and the amount of the billing plus the amount of penalty
shall become the gross amount due. Sewer rentals or charges imposed
by this chapter shall be a lien on the property serviced by the sewer
system (or available for use if not connected), and any such sewer
rentals or charges which are not paid as aforesaid shall be filed
as a lien against the aforesaid property so connected to and served
by the sewer system, which lien shall be filed in the office of the
Prothonotary of York County, Pennsylvania, and shall be entered and
collected in the manner provided by law for the filing and collection
of municipal claims. The liened amount shall include all penalties,
interest as aforesaid, and all costs and attorneys' fees which shall
be approved and adopted by resolution of the Board of Commissioners,
as amended from time to time.
[Amended 2-9-2011 by Ord. No. 2011-01; 6-13-2012 by Ord. No. 2012-13]
C.
Failure of any owner to receive quarterly bills for sewer rentals and charges due to the failure of such owner to notify the Township of his correct address, or failure of any owner to receive a correct bill for sewer rentals and charges by reason of the failure of such owner to notify Township of the use or uses of which an improved property or any portion thereof is made, pursuant to the notice requirements of § 250-45, shall not excuse nonpayment or failure to pay the amount which would be properly applicable to the use or uses of which said improved property is made and shall not result in an extension of the period of time during which the net bill shall be payable.
D.
The Township shall charge a fee of $10 for the certification of any
sewer rental or charge account. The Township is authorized to establish
rules and regulations for the collection of the certification fee.
The fee may be amended from time to time by resolution of the Board
of Commissioners.
Whenever sewer service to any sewer rental unit begins after
the first day or terminates before the last day of any quarterly period,
the sewer rentals for such sewer rental unit for such quarterly period
shall be for that portion of the quarterly period during which the
sewer rental unit is served. However, in making such apportionment,
a fraction of a month amounting to 1/2 or more of a month shall be
counted a full month and a fraction of a month amounting to less than
1/2 month shall be disregarded.
Delinquent bills for sewer rentals, together with all charges,
expenses and fees added thereto, shall, in the manner provided by
law, become a lien upon the property served and shall be collectible
by the Township by an action in assumpsit against the owner of such
property or be enforced against such property by the filing of a municipal
lien. In addition, sewer and water service to the premises may be
discontinued as provided by law.
