[Amended in its entirety by Ord. No. 931, 4/17/2017]
Commencing on the date of February 2016 and each month thereafter through December 31, 2016, and for each calendar year thereafter, there is hereby imposed and established for the use and service of the various sanitary sewer systems and sewage treatment plants in the service area of the Township of Elizabeth (hereinafter referred to as Township), a usage fee, charges and assessments to all property serviced by a sewer system and/or sewage treatment plant or is required to be serviced by said sewer system and/or treatment plant as hereinafter set forth. The imposed fee and charges for the 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.
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, or required to be serviced, premises within the service area of the Township's service area 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 water usage tapes provided by Pennsylvania American Water Company, or its successor or assigns. Where water is furnished to any user as herein provided, whether by any municipality, utility company or municipal authority, or spring, the flow of water measured by meter of said municipality, utility company or authority, or any other method authorized by the Township to measure said quantities of water shall be considered and deemed to be the basis for measuring the units of use as hereinafter set forth.
The rates for said sewage use and/or sewage treatment plan use to premises serviced within the service area of the Township shall be as follows:
1. 
Water Meter 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.
2. 
Rates.
A. 
Minimum Monthly Charge: $42 per month for usage up to 2,000 gallons, and for each additional usage in excess of 2,000 gallons, and additional $0.0075 per gallon. Any fraction of 100 gallons shall be calculated as 100 gallons.
B. 
Each user shall be required to pay for each monthly billing cycle the minimum residential user's fee of $42, and the computed user's fee for the amount of water usage in excess of the 2,000 monthly gallons.
3. 
Other Water Users. The quantity of water used by water users other than those referred above shall be estimated by the Township, and each such water user's sewage charge shall be calculated by applying the schedule of rates set forth above to the estimated quantity, unless proof is established that the customer's usage is less.
4. 
Homeowners' Swimming Pools. Private homeowners who install new swimming pools who receive an adjustment for the water used to fill the pool upon providing to the Township a copy of the deduct meter read. Additionally, the amount of gallons required to fill a pool will be determined by the volume of the pool. The mathematical formula for volume is length times width times height. For pool owners who request an adjustment for the pool, the account holder must submit to the designated collector the request together with the deduct meter read and the pool dimensions.
5. 
Nonresidential/Commercial Connections. Service accounts other than single-family and/or multiple dwelling units accounts, the following minimum charges shall be applied: For equivalent dwelling unit (EDU) for nonresidential/commercial buildings, EDU shall be determined according to standards set forth in PA Code Title 25, Chapter 73, Section 7317, Sewage Flows, or any amendments thereto. For basis of calculation, EDU shall be calculated as 260 gallons per day per equivalent dwelling unit.
1. 
The EDU bases may be reevaluated biannually or any time thereafter. Each reevaluation shall be at the discretion of the Township or upon request of the customer.
2. 
In its sole discretion, the Township may reevaluate the EDU calculation.
3. 
The EDU number may be increased on an as-needed basis.
4. 
In the case of existing facilities, the average of 12 consecutive months of metered water service may be used for calculation, if requested by the customer or Township.
5. 
There shall never be a reduction below one EDU.
Sewage bills which are not paid promptly shall be subject to the following:
1. 
Bills of Water Users. All sewage charges billed to water users other than the municipality 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. That all use fees, charges and/or assessments shall be a lien upon the realty charged with payment thereof, from the first day due until paid together with any interest, penalty and cost/fee due. Interest shall be computed on the first day that the bill is delinquent for the entire billing monthly cycle, and payment of the bill and interest and penalty, if any, will not be prorated if paid during the monthly billing cycle. Interest shall begin on the day after the due date. Computation of the sewage charges shall be computed monthly for the entire month; provided, if the due date falls on a non-business day or a holiday recognized by the Township, then the due date shall be the next business day.
2. 
In addition to the rate fees, interest and penalty set forth above, the Township shall from time to time establish additional cost for collection of delinquent sewage user accounts which shall include but not be limited to reasonable attorneys' fees, water service termination and reconnection fees, posting of termination of service fees, return checks or drafts fee, accounting fees for delinquent accounts, cost of litigation, and any other fees or cost incurred in the collection of delinquent accounts.
3. 
The Township is hereby empowered to lien the realty for any delinquent amount, and additionally, to enforce said lien pursuant to the authority vested in the Township by the Municipal Claims and Tax Liens Act, 53 P.S. § 7101, et seq. In addition to the power to lien the realty and proceed to Sheriff's sale on said realty to satisfy any delinquent amount due the Township under this part, the Township is also permitted to proceed in assumpsit, in accordance with Pennsylvania statutory authority, to collect any and all monies due the Township hereunder, including the collection of the penalty and interest, as set forth above, together with any costs/fees as permitted by law.
1. 
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 if there is an absence of an address, the sewage rental charge is owned, jointly and severally, by the occupants of the premises and by the recorded owners of the realty. Therefore, it is the duty of the recorded owners of the realty to make provisions that any occupant of the realty pays the sewage fee, charges, or assessments when due. All unpaid sewage fees charges, or assessments, together with penalty and interest, shall become a lien on the realty.
2. 
In the event the party under Subsection 1 of this section is not the owner of the property, the parties to whom the bill is sent may supply the Township with the name of the owner and the sewage bill will be sent to such owner.
3. 
The quantity of water which does not reach a metered water user's sewer may be separately metered with an additional separate Pennsylvania American Water Company meter, which must have written approval by the Township prior to installation.
4. 
As a condition precedent for the Township to offer the sanitary collection system to any realty not occupied by the owner of said realty or whose realty is receiving utility service in any other name other than the owner of the realty, the owners, agents, servants, or corporate officers of the owner of real estate agree to register the owner's name and address and to maintain and submit a current address where the notice of any delinquent bill may be sent. Failure of any owner of the realty to so register bars and estops the owner or the assigns of the realty to maintain that the realty was occupied by anyone other than the owner regardless of what name the water and sanitary sewer user accounts set forth. The owners of realty, their agents, servants, representatives, occupants or assigns of the realty have an affirmative duty to register the owner's name and address where delinquent notice of nonpayment of the monthly usage fees may be mailed. Any owner whose name and current address is not registered with the Township's collector of sanitary sewage fees forfeits the defense that the owner did not receive timely notice of the delinquent sewage account, and is estopped from asserting said defense in any collection action, any lien or any sheriff sale for nonpayment of said delinquent sewage fees.
5. 
All landlords must identify themselves to the collector of the user fees within 10 days of becoming a landlord of any realty using the sewage collection system of the Township. Failure to so register with the said designated collector bars the landlord from any defense in any collection cause of action that the landlord was not notified of the sewage use delinquency incurred by any tenant.
The collector of said sewage fee, charges or assessments shall be designated and appointed, from time to time, by motion or resolution, and shall receive such compensation for its services and expenses as determined, from time to time, by the Board of Commissioners of Elizabeth Township. The collector of said sewage fee, charges or assessments shall turn over to the Township, pursuant to the terms of the collector's contract. The Township may, in lieu of having the funds turned over to the Township directly, establish a Township account for direct deposit by the said collector. The Administrative Manager of the Township shall establish the procedure for deposit by the said collector, but all monies received by the collector pursuant to this Part shall be deposited within seven business days. Additionally, the Administrative Manager shall set the procedure and time intervals for period reconciliation and status reports on all accounts.
All use fees, charges and/or assessments shall be a lien upon the realty serviced from the first day due (the 15th day of each month) until paid together with any interest, penalty and cost due. Monthly interest once applied is not prorated during the month and the entire interest amount assessed is due together with the principal, penalty and any cost assessed. The said use fee, charges or assessments, together with penalty and interest, attorney's fees and cost attached thereto, shall be due and payable on a monthly billing cycle.
The Township's Solicitor or the collector's attorneys are hereby empowered to lien the realty for any delinquent amount, and additionally, to enforce collection of any delinquent fees, charges or assessments by reducing the lien to judgment and by executing 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 Township due under this part, or any other ordinances, resolution, or motions, the Solicitor or collector's attorneys are also permitted to proceed in assumpsit against the owner of the realty and/or against the named account user, either jointly or severally, to collect any and all monies due the Township 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 any attorney fees and court costs and any other cost associated with the maintenance of the account and the collection process, 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 resolution permits a larger interest rate, penalty, or attorney's fee then enacted by the Township, then the Solicitor or the collector's attorneys shall have the prerogative to proceed under said statute, ordinance or resolution or any part of any statute, ordinance or resolution that will produce the greatest return to the Township or what will reduce the cost of the proceedings to the Township.
1. 
The Township shall, from time to time, send a notice for the demand for payment in the amount of the delinquent monies owed for the use of the sanitary sewers which amounts shall include the delinquent monies charges to the Elizabeth Township Sanitary Authority to the registered account holders and to the owner of the realty who have registered with the collector of the Township as required and set forth in § 205, Subsection 4 of this Part.
2. 
Said notice of demand of payment shall state the total amount of money owed, together with the notice where said delinquent account may be paid. Said demand for payment shall also contain a notice that if said amount is not paid within a period of 30 days from the date of the notice, then the Township or its designated collector, in addition to any other legal remedies it may have, shall notify the appropriate water company to disconnect and terminate all water service to the realty where there are outstanding delinquent sewage charges.
3. 
In addition to the charges for the use of sanitary sewers, the Township or its designated collector shall add an additional charge to cover the costs of the thirty-day notice, the ten-day notice, the posting, water termination and reconnection if applicable in addition to any other costs incurred.
4. 
The notice of demand for payment may be amended by the Township Commissioners by motion at any time.
5. 
In the event that said delinquent sanitary sewer usage fee with all costs, penalty and interest incurred is not paid within the period of 30 days, the water service of aforesaid premises shall be disconnected and terminated until said bill, penalty, interest and all other costs incurred are paid in full.
6. 
In the event it is necessary to disconnect and terminate the water service to the realty, an amount equal to the fee charged by the water company plus $10 for an administration fee to disconnect the service and the fee to commence water service plus $10 administration fee shall be added to the delinquent account and shall be payable in the same manner as the rates, penalty, interest and any other charges.
7. 
Upon payment of sanitary sewer fee, penalty, interest and all other costs incurred, including the disconnect and reconnect charges, water service may be reinstated.
The Township and its facilities are exempt from this Part.
If any sentence, clause or section, or any part of this Part is, for any reason, found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses or sections or parts of this Part. It is hereby declared as the intent of the Township that this would have been enacted had such unconstitutional, illegal or invalid sentence, clause or section, or part thereof not be included herein.
Any ordinances or resolution or parts of any ordinance or resolutions which are contrary to or conflict with the provisions of this Part are hereby repealed to the extent necessary to give this Part full force and effect.
This Part shall be effective as of January 1, 2016, and the date of enactment and each month thereafter ending December 31 of the current year, and each succeeding calendar year thereafter 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 § 203 of this Part, to the quantity of water used as indicated by the water use meter reading or estimated quantity for the month, or, if applicable, shall be the minimum fee as set forth in § 213 of this Part, and thereafter, all said fees, charges or assessment shall be based on the each succeeding monthly water use meter reading, or estimated quantity, from succeeding month to succeeding month; provided, however, to compute the correct fees, charges or assessments due each month, the gross amount of water usage from prior months occurring in the same calendar year shall be added to the current month 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 month during the same calendar year to determine the proper rate to apply for any specific month. After the initial billing cycle, all subsequent billing cycles shall be due on the 15th day of each month.