The Borough is required to provide adequate funds for operation, maintenance and administration costs of the sewer system. In order to provide these necessary funds, the Borough has covenanted to fix, charge and collect sewer rentals, charges and other fees from users of the sewer system.
There are hereby imposed upon all Borough users of the sewer system the following sewer rentals:
A. 
Water-metered sewer system users. Sewer system rental/user charges for all users shall be billed user fees at 95% of the water billing rates in effect at the time of billing, which shall be paid quarterly, effective the third quarter of 2012 and billed on the first day of the fourth quarter 2012, and quarterly thereafter at the above rate until adjusted as set forth herein.
[Amended 10-7-2004 by Ord. No. 1126; 7-12-2012 by Ord. No. 1183]
B. 
Nonwater metered sewer system users.
(1) 
All users who do not have a metered water supply shall provide and install at their own expense a privately owned flow-measuring device or devices as specified in § 190-22 of this article. Sewer rental charges shall be then determined as described in Subsection A.
(2) 
In the case of a user from a dwelling unit, the Borough Manager may establish a sewer rental charge, equal to not less than the average quarterly charge of dwelling units whose sewer rental charge is calculated as described in Subsection A.
C. 
Metered water not discharged to sewer system.
(1) 
Whenever an industrial user with a metered water supply uses water that is not discharged into the sewer system, the quantity of water so used and not discharged into the sewer system shall be excluded in determining the sewer rental charge of said improved property. Provided, however, that the quantity of water so used and not discharged into the sewer system is measured by a privately owned flow-measuring device as specified in § 190-22 of this article; and provided that such discharge does not violate any other provisions of this chapter.
(2) 
The sewer rental charge to such improved property shall be computed by deducting the water not discharged to the sewer system from the total water meter readings. If, in the opinion of the Borough Manager, it is not practical to install a privately owned flow-measuring device to continuously determine the quantity of water not discharged into the sewer system, an estimated amount or percentage of water not discharged into the sewer system may be made by the Borough Manager. Any dispute as to the estimated amount of percentage shall be submitted in writing to the Borough within 30 days after notice of the estimate, whose decision on the matter shall be final and binding for the current year.
There are hereby imposed upon all Borough users of the sewer system the following sewage and industrial waste surcharges:
A. 
Calculation of surcharge amount. Any improved property and/or industrial users which discharges sewage and/or industrial waste into the sewer system, which contains pollutants in excess of the limits set forth in § 190-6 of this chapter, shall pay a strength of a waste surcharge, in addition to the applicable sewer rental charge, equal to the sum of 1/10 of 1% for each milligram per liter (mg/L) by which the said limits for biochemical oxygen demand, total suspended solids, total phosphorus and ammonia-nitrogen are exceeded. The surcharge shall be applicable to billings for sewer service in accordance with the provisions of § 190-20 of this chapter.
B. 
Determination. In establishing sewage and industrial waste strength purposes, an analysis shall be made with procedures outlined in the latest edition of Standard Methods. The strength of sewage and industrial waste to be used for calculating the amount of the surcharge shall be determined at least once annually either:
(1) 
By suitable sampling and analysis of the sewage or industrial waste for a twenty-four-hour period, during which time the strength of the sewage or industrial waste discharged to the sewer system is at a maximum.
(2) 
From relationship of products produced to strength of industrial waste from those industrial users where such relationships have been established.
(3) 
From estimates.
A. 
Nonmetered water service; industrial wastes. A flow meter or other measuring device shall be installed for the purpose of measuring wastewater discharged to the sewer system from any improved property receiving nonmetered water service from the Borough, or any improved property which discharges unmetered water from a private source to the sewer system.
B. 
Optional flow meter. Any owner of an improved property which discharges wastewater to the Borough sewer system may notify the Borough, in writing, of his, her or its desire to have a wastewater flow meter or other measuring device installed and to have the sewer rental charge and surcharges, if applicable, calculated as set forth in this subpart based upon the flow passing through such wastewater flow meter, or other measuring device rather than the water consumed upon the improved property. Borough shall have the right to reject any request or application by any owner for use of a wastewater flow meter, if the Borough determines that the wastewater from the improved property to either insufficient for accurate measurement by a wastewater flow meter, or of a type inappropriate for measurement by a wastewater flow meter. If at any time after installation, the Borough determines that a wastewater flow meter cannot accurately measure the wastewater discharge, the Borough shall have the right to require removal of such wastewater flow meter.
C. 
Required private water meter. If the Borough rejects any request or application by any owner for use of a wastewater flow meter as outlined in Subsection B above, the owner of the improved property shall be required to furnish and install a private water meter, which shall be the property of the owner. If the owner of an improved property fails to install a private water meter, the Borough shall have the right to enter upon the premises of the improved property and install a water meter, the cost of said water meter and installation thereof being paid for by the owner of the improved property.
D. 
Installation and maintenance. Prior to the installation of any flow meter or other measuring device described in Subsection A, B or C above, the owner of said improved property shall submit complete plans, drawings and specifications for each proposed flow meter or other measuring device to the Borough for its review and approval. Any costs associated with the preparation of the plans, drawings and specifications and the installation of said flow meter or other measuring device shall be paid for by the owner of the improved property. All flow meters or other measuring devices shall be maintained, repaired or replaced at the sole cost of the owner. Upon receipt of a written request from the Borough, the owner of said flow meter or other measuring device shall have it inspected, tested and repaired as required, and the results of said inspection, testing and repair submitted to the Borough in writing. The cost of such inspection, testing and repair should be paid by the owner of the meter. The Borough also reserves the right to observe and record information from said flow meter or other measuring device at all reasonable times. Should the owner of an improved property not maintain, repair, replace or test said meter or other measuring devices, the Borough may undertake same and bill the owner accordingly.
A. 
Due date. All sewer rentals and other sewer charges shall be due as of the billing date, as may be established by the Borough.
B. 
Responsibility for payment. The owner of any improved property shall be responsible for payment of all sewer rental and other sewer charges. Multiple owners of any improved property shall be jointly and severally liable for any such sewer rental and other sewage charges.
C. 
Penalty for late payment. In the event of any default in payment of any sewer rental, rate, charge or surcharge within 20 days after the due date of such bill, a penalty of 10% of the total of such outstanding sewer rental, rate, charge or surcharge will be added to all such amounts due. Every 30 days thereafter, an additional penalty in the amount of 3% of the outstanding sewer rental, rate, charge or surcharge are billed, excluding any prior penalties, shall be added to all such amounts due.
D. 
Liens for sewer rentals and charges. Sewer rentals or charges imposed by this chapter shall be a lien on the improved property connected to and served by the sewer system; and any such sewer rentals or charges which are not paid within 90 days after each due date applicable to the particular improved property may be filed as a lien against the improved property so connected to and served by the sewer system, which lien shall be filed in the office of the Prothonotary of Northampton County, Pennsylvania, and shall be collected in the manner provided by law for the filing and collecting of municipal claims.
E. 
Payment of sewer rentals and charges on vacant or unoccupied improved property. Sewer rental and charges shall accrue and be payable for all periods during which an improved property has its building sewer connected to the Borough sewer system, irrespective of occupancy. Provided, however, that after the improved property has remained vacant and unoccupied for one full quarterly billing period, the Borough may relieve the owner of the improved property from further sewer rental and charges during continuance of vacancy or nonuse, if all water connections and sources from which water is used on the improved property shall be shut off and sealed or otherwise secured against use during such period to the satisfaction of the Borough Manager.
F. 
Reoccupied improved property. When a vacated improved property is reoccupied, the owner shall give written notice to the Borough Manager of reoccupancy and the date water to the improved property was turned on. Sewer rental charges for the reoccupied improved property shall be determined from the date of actual reoccupancy or the date the water is turned on.
G. 
Failure to pay sewer rentals and charges. Upon the failure of any person to pay in full any sewer rental, rate, charge or surcharge within 90 days after the due date for such bill, the Borough shall have the right to terminate water and/or sewer service to the improved property. After payment of all delinquent bills against such improved property, service may be restored upon payment of all expenses which have been incurred by the Borough in terminating and restoring such service.
The following tapping, connection and customer facility fees are hereby imposed upon all Borough users of the sewer system for each new building sewer connected to the sewage collection system. No person shall connect any dwelling unit and/or improved property to any part of the Borough sewer system without first making application for and securing a permit, in writing, from the Borough.
A. 
Tapping fee.
(1) 
Borough shall have the power to establish by resolution adopted by the Borough Council a tapping fee upon the owner of each dwelling unit and/or improved property (other than such owner who is subject to contractual or special agreements providing for the payment of certain sums in lieu of a tapping fee) whose building sewer is connected to the sewage collection system, regardless of whether such connection is direct or indirect, including changing the type of use of the improved property previously connected or connecting one or more new uses of the type hereinafter referred to through an existing connection, and regardless of whether such improved property is connected through one or more building sewers or that the building sewer is owned by the Borough or by any owner than the Borough. The amount of gallons upon which the tapping fee is calculated shall be obtained from § 190-20 of this chapter.
(2) 
Each dwelling unit shall be charged separately, even though two or more dwelling units are or will be connected through building sewer to the sewage collection system of the Borough. The tapping fee for a dwelling unit shall be based upon the average discharge per dwelling unit per calendar quarter as determined from records of the Borough.
(3) 
Every improved property shall be charged a tapping fee based upon the actual or estimated sewage and/or industrial waste flows as determined under § 190-20 of this chapter. Whenever actual sewage or wastewater flows exceed estimates, an additional tapping fee shall be charged.
(4) 
Where any dwelling unit and/or improved property connected to the sewage collection system of the Borough shall be converted, enlarged or remodeled or additional buildings shall be constructed on the improved property and connected directly or indirectly to the sewage collection system of the Borough, so as to create or establish additional uses as classified in Subsection A(1) hereof, an additional tapping fee determined in accordance with Subsection A(2) and (3) hereof for each additional use shall be payable to the Borough by the owner of said dwelling unit and/or improved property.
B. 
Connection fee and customer facility fee. In addition to the tapping fee, the Borough reserves the right to establish and charge a connection fee and/or customer facility fee. The connection fee shall relate to any costs to the Borough relative to the connection sewer, while the customer facility fee shall relate to any costs to the Borough relative to the customer sewer.
C. 
Due date for tapping, connection and customer facility fees.
(1) 
Any tapping fee, connection fee and/or customer facility fee shall be due and payable at the time application is made to the Borough for a permit to connect to the sewage collection system of the Borough, or upon the date other permit application is made to the Borough to convert, enlarge or remodel any dwelling unit or improved property or for any additional buildings to be constructed on an improved property.
(2) 
Should any dwelling unit and/or improved property not connect to the sewage collection system of the Borough as required by this chapter, the Plumbing Code or any other applicable regulations of the Borough, then the tapping fee, connection fee and/or customer facility fee is due and payable when said connection is made by the Borough. Any other fees and charges as a result of the Borough making this connection are also due and payable at this time.
(3) 
Payment of tapping fees, connection fees and/or the customer facility fees charged by the Borough pursuant to this chapter shall be enforced by the Borough in any manner appropriate under law at the time in effect.
(4) 
The Borough reserves the right from time to time to adopt modification of or changes to its tapping fees, connection fees and customer facility fees.
In addition to the sewer rental charges and the tapping, connection and customer facility fees, the Borough reserves the right to provide for the recovery of costs from industrial users for the implementation of the industrial pretreatment requirements established by this chapter. The Borough may by resolution adopt charges and fees to include the following:
A. 
Fees for reimbursement of costs of setting up and operating the industrial pretreatment standards.
B. 
Fees for monitoring, inspections and surveillance procedures.
C. 
Fees for reviewing accidental discharge procedures (SPCC plans) and construction.
D. 
Fees for wastewater discharge permit application.
E. 
Fees for filing appeals.
F. 
Fees for consistent removal (by the sewage treatment plant) of pollutants otherwise subject to categorical standards.
G. 
Other fees as the Borough may deem necessary to carry out the requirements herein.