[Adopted 4-11-1991 by Ord. No. 976 (Ch. 18, Part 5, of the
1999 Code of Ordinances)]
For the calendar year commencing 1991 and continuing for each
succeeding calendar year thereafter, beginning January 1 and ending
at 12:00 midnight on December 31, there is hereby imposed and established
for the use and service of the various sanitary sewer systems and
sewage treatment plants in the Borough of West Mifflin a usage fee,
charges and assessments to all property serviced by a sewer system
and/or sewage treatment plant as hereinafter set forth. The imposed
fee and charges for use of the sewer system and sewage treatment plants
shall be upon the owners, tenants or occupants of the realty served
by the sanitary sewer system and/or sewage treatment plant of the
Borough of West Mifflin.
The rates, charges and fees for the use of the sanitary sewer
lines and appurtenances and/or for the use of the sewage treatment
plants to all serviced premises within the Borough of West Mifflin
shall be measured by the quantity of water flowing into or consumed
by each separate dwelling, apartment, business, commercial or industrial
site and shall be based on such quantity of water as may be determined
or estimated. Where water is furnished to any user as herein provided,
whether by any municipality, utility company or municipal authority,
the flow of water measured either by meter or by a flat rate of said
municipality, utility company or authority shall be considered and
deemed to be the basis for measuring the units of use as hereinafter
set forth.
[Amended 2-18-1992 by Ord. No. 988; 4-19-1994 by Ord. No. 1018]
The rates for said sewage use and/or sewage treatment plant
use to premises serviced within the Borough of West Mifflin shall
be as follows:
A.
Metered water users. The following schedule of rates shall be applicable
to users of metered water, and the charges shall be based on the annual
quantity of water delivered to each water user, as measured by the
most recent available water meter reading:
|
Residential Rates
| ||
|---|---|---|
|
Water Used Per Year
|
Sewage Charge
| |
|
First 60,000 gallons
|
$0.084 per 1,000 gallons
| |
|
Next 40,000 gallons
|
$1 per 1,000 gallons
| |
|
Next 100,000 gallons
|
$1.50 per 1,000 gallons
| |
|
Excess over 200,000 gallons
|
$2 per 1,000 gallons
| |
|
NOTE:
|
Provided, however, that regardless of the amount of water used
during the calendar year, there is a minimum user fee and charge of
$3.50 per month on each user, and each user shall be required to pay,
each billing cycle, either the minimum residential user fee and charge
or the computed residential user fee and charge, whichever is greater.
|
|
Commercial, Industrial and Institutional Rates
| ||
|---|---|---|
|
Water Used Per Year
|
Sewage Charge
| |
|
First 100,000 gallons
|
$1 per 1,000 gallons
| |
|
Next 100,000 gallons
|
$1.50 per 1,000 gallons
| |
|
Next 300,000 gallons
|
$2 per 1,000 gallons
| |
|
Next 500,000 gallons
|
$1.75 per 1,000 gallons
| |
|
Excess over 1,000,000 gallons
|
$1.50 per 1,000 gallons
| |
|
NOTE:
|
Provided, however, that regardless of the amount of water used
during a year, there is a minimum rental fee and charge of $8.40 per
month on each user, and each commercial and/or industrial user shall
be required to pay, each billing cycle, either the minimum user fee
and charge or the computed commercial and/or industrial user fee and
charge, whichever is greater.
|
B.
Metered sewage flow users.
|
Gallons Per Day
|
Schedule of Rates
| |
|---|---|---|
|
Up to 180,000
|
$500 (minimum)
| |
|
Over 180,000
|
$1.95 per 1,000 gallons
|
C.
Flat rate water users. The following schedule of rates shall be applicable
to water users whose water bills are based upon a flat rate, as distinguished
from those whose water bills are based upon meter readings: All flat
rate water residential customers will be billed upon an equivalent-residential-unit
basis (ERU). The average residential usage becomes the basis on which
flat rate residential water users are charged. The average residential
usage is estimated as 20,000 gallons per quarter. Each residential
flat rate account shall be billed for sewage services based upon this
average, unless proof is established that the customer's usage
is less.
D.
Other water users. The quantity of water used by water users other than those referred to in Subsections A and B above shall be estimated by the Borough, and each such water user's sewage charge shall be calculated by applying the schedule of rates set forth in Subsection A of this section to the estimated quantity, unless proof is established that the customer's usage is less.
[Amended 2-18-1992 by Ord. No. 988]
Sewage bills which are not paid promptly shall be subject to
penalties and interest as follows:
A.
Bills of water users. All sewage charges billed to water users other
than municipalities shall be payable on or before the due date shown
on the sewage bill. After such due date, a penalty of 10% shall be
payable, plus interest on any overdue bills, computed on both the
amount of the bill added to the amount of the penalty, at the rate
of 10% per annum based on a three-hundred-sixty-day year. Interest
shall be computed for each day delinquent, and interest shall begin
on the day after the due date. Computation of the sewage charges shall
be computed not less than quarterly, and due dates shall not be extended
beyond April 30, July 31, October 31 and January 31, except that a
grace period of five days will be granted following each quarter;
provided, however, if the due date falls on a nonbusiness day or a
holiday recognized by the Borough of West Mifflin to the extent that
the offices of the Borough of West Mifflin are closed, then the due
date shall be the next business day following the five-day grace period.
[Amended 4-19-1994 by Ord. No. 1018]
A.
The sewage bill will be sent to and shall be payable by the party
to whom water bills are addressed, and in the case of all water users
to whom no water bills are addressed, the sewage bill will be sent
to and shall be payable by the occupants of the premises. However,
regardless to whom the water bill is addressed or without an address,
the sewage rental charge is owed by the occupants of the premises
and by the recorded owners of the realty jointly and severally.
B.
In the event the party under Subsection A of this section is not the owner of the property, the parties to whom the bill is sent may supply the Borough with the name of the owner, and the sewage bill will be sent to such owner.
C.
The quantity of water which does not reach a metered water user's sewer may be separately metered in accordance with requirements of the Borough, and such separate metered water will not be included in the quantity upon which the sewage charges are calculated, but said flow sewage charge shall be calculated and paid at the rate set forth in § 220-22B for metered sewage flow rate. A charge of $10.75 per meter reading will be imposed by the Borough.
D.
Subject to the prior written approval of the Borough, the commercial or industrial water user may install a sewage meter in the event the sewage charge will be calculated upon the quantity of sewage so metered based on the metered sewage flow user's rate set forth in § 220-22B. A charge of $10.75 per meter reading will be imposed.
A.
The collector of said sewage fee, charges or assessments shall be
designated and appointed, from time to time, by resolution, and shall
receive such compensation for its services and expenses as determined,
from time to time, by Council of the Borough of West Mifflin. The
collector of said sewage fee, charges or assessments shall, if requested
by the Council of the Borough of West Mifflin, furnish a bond with
corporate sureties acceptable to the Council of the Borough of West
Mifflin. The amount of the bond shall be set by resolution of the
Council.
B.
The collector of said sewage fee, charges or assessments shall turn
over to the Borough of West Mifflin, for deposit by the Borough Manager/Secretary
into the Borough's general fund, all receipts and monies received
in payment of said sewage bills.
C.
The Borough may, in lieu of having the funds turned over to the Borough
Secretary, establish a Borough account for direct deposit by the said
collector. The Borough Manager/Secretary shall establish the procedure
for deposit by the said collector, but all monies received by the
collector pursuant to this article shall be deposited within seven
business days. Additionally, the Borough Manager shall set the procedure
and time intervals for periodic reconciliation and status reports
on all accounts.
All use fees, charges and/or assessments shall be a lien upon
the realty charged with the payment thereof from the first day due
until paid, together with any interest, penalty and cost due. The
said use fee, charges or assessments, together with penalty and interest
attached thereto, shall be due and payable on a quarterly billing
cycle with the following due dates:
A.
The first quarterly payment shall be due on or before April 30 at
face; the second quarterly payment shall be due on or before July
31 at face; the third quarterly payment shall be due on October 31
at face; and the final quarterly payment shall be due on or before
January 31 at face.
B.
In the event that the quarterly payments are not paid by the due
date, the same shall become delinquent and subject to said interest
at the rate of 10% per annum and said penalty of 10%.
The Borough Solicitor is hereby empowered to lien the realty
for any delinquent fees, charges or assessments by reducing the lien
to judgment and execute on said judgment in accordance with law. In
addition to the power to lien realty and to proceed to Sheriff sale
on said realty to satisfy any delinquent amount due the Borough under
this article, the Solicitor is also permitted to proceed in assumpsit
against the owner of the realty and/or against the user of the water,
either jointly or severally, to collect any and all monies due the
Borough hereunder, including the collection of the penalty of 10%
per annum and the interest computed at a rate of 10% per annum as
heretofore stated, together with an attorney fee and/or commission
of 5%, as permitted by statute for the collection of delinquent municipal
claims, and to reduce any award to judgment and to execute said judgment
against any and all assets of the delinquent sanitary sewer user who
is the actual user and/or the realty owner, jointly and severally.
When any statute or ordinance permits a larger interest rate, penalty
or attorney fee than that stated herein, then the Solicitor shall
have the prerogative to proceed under said statute or ordinance or
any part of any statute or ordinance that will produce the greatest
return to the Borough or that will reduce the cost of the proceedings
to the Borough.
The Borough Council shall provide the facilities and personnel
necessary for the administration and application of this article and
for the collection of the rentals, charges and assessments hereunder.
[Amended 3-16-1999 by Ord. No. 1094]
A.
Any person, firm or corporation who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600, plus costs, and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. The failure to pay any quarterly fee, charge or assessment on
or before the due date shall constitute a separate offense.
B.
The penalty provided in this section shall not relieve the owner,
tenant or occupier from the payment of the said sewer fee, charges
or assessments and any penalty or interest thereon.
This article is not applicable to the volunteer fire companies
of the Borough of West Mifflin who receive financial support from
the Borough.
A.
This article shall be effective from January 1 of the current year and ending December 31 of the current year, except that the said fees and charges imposed for the first time shall become effective from the date this article is enacted, and the sewage line use and/or sewage treatment use fees, charges or assessments shall continue in force on a calendar-year basis, without reenactment, unless the rates are subsequently changed. Changes in the rates shall become effective on the date specified in the ordinance setting the new rates. The fees, charges or assessments for the initial billing cycle shall be due the date specified in said bill, and the amount due shall be computed by multiplying the rates set forth in § 220-22 of this article to quantity of water used as indicated by the water use meter reading or estimated quantity for the period of January 1, 1991, through March 1, 1991, or, if applicable, shall be the minimum fee as set forth in § 220-22 of this article, and thereafter, all said fees, charges or assessments shall be based on each succeeding quarter water use meter reading or estimated quantity from April 1 through June 30, thence from July 1 through September 30, and thence from October 1 through December 31, and thereafter, on each succeeding quarterly water use meter reading, from succeeding quarter to succeeding quarter; provided, however, to compute the correct fees, charges or assessments due each quarter, the gross amount of water usage from prior quarters occurring in the same calendar year shall be added to the current quarter to determine the applicable rate to apply for that specific billing cycle, and each quantity of water usage shall be added to the gross water usage of prior quarters during the same calendar year to determine the proper rate to apply for any specific quarter. After the initial billing cycle, all subsequent billing cycles shall be due on the dates set forth in § 220-26 of this article.
B.
Any person whose water usage is based on a flat fee, or whose water usage is not computed by a meter, shall be subject to the sewage fees, charges or assessments that shall be computed on the basis of a flat fee water user, as set forth above in § 220-22B, or in accordance with § 220-22C, whichever is applicable under the circumstances.
