[Ord. 2012-2, 6/18/2012]
This Part shall be known and may be cited as the "Burnham Borough
Sewer Rate Ordinance."
[Ord. 2012-2, 6/18/2012]
Unless otherwise expressly stated, the following words and phrases
used in this Part shall have the meaning herein indicated:
Burnham Borough Authority, a Pennsylvania municipality authority
created by the Borough pursuant to the Municipality Authorities Act
of 1945, P.L. 382, incorporated and organized under the Municipality
Authorities Act of 1945, approved May 2, 1945, P.L. 382, as amended,
which act has been superseded, supplemented, consolidated and codified,
now known as the "Municipality Authorities Act," 53 Pa.C.S.A. § 5601
et seq. Act of June 19, 2001, P.L. 287, No. 22, as amended.
The Borough of Burnham, Mifflin County, Pennsylvania, a Pennsylvania
Borough subject to and under the Pennsylvania Borough Code, as it
may be amended, revised, supplemented and restated from time to time.
Any occupied building or group of buildings used or intended
for use wholly or in part for the sale and distribution of any product,
commodity, article or service.
The Borough Council acting as the governing body of the Borough.
Any house, room, group of rooms, house trailer, enclosure
or other similar structure or facility occupied or intended for occupancy
as separate living quarters by a family or other group of persons
living together or by persons living alone.
Any occupied building or group of buildings used or intended
for use, wholly or in part, for the manufacture, processing, cleaning,
laundering or assembly of any product, commodity or article.
Any device for measuring, totalizing and recording fluid
flow, which is acceptable to the Borough.
Any structure erected and intended for continuous or periodic
habitation, occupancy or use by human beings or animals and from which
structure sewage is or may be discharged.
An individual, firm, company, association, society, corporation,
limited liability company, limited partnership, partnership, board,
group or the like.
Any parcel of real estate which adjoins, abuts upon or is
adjacent to any street or alley in which a sewer is located or which
is within 200 feet of the sewer system. As used herein, the term "sewer"
shall include all sewers forming a part of the sanitary sewer system
of the Borough of Burnham.
Any occupied building used for governmental, religious, hospital,
fire prevention, public education or other similar purposes on a nonprofit
basis.
Any sewer forming a part of the sewer system of the Borough.
All facilities for collecting, treating and disposing of
sewage situated in or adjacent to the Borough and owned by or leased
to the Borough.
[Ord. 2012-2, 6/18/2012; as amended by Ord.
No. 2013-6, 6/17/2013; and by Ord.
No. 2014-2, 6/16/2014]
Charges for sewer service are hereby fixed and imposed and shall
be collected from each owner of an occupied building accessible to
a sewer in the Borough, effective October 1, 2014, and payable in
accordance with the following schedule of rates and classifications:
1.
Residential Properties. All owners of residential property, beginning
October 1, 2014, shall pay a monthly sewer charge at a rate of $44
per dwelling unit.
2.
Commercial and Industrial Establishments and Public Properties. All
owners of real estate in or on which a commercial or industrial establishment
is situated and in or on which a public property is situated shall
pay a quarterly sewage charge beginning October 1, 2014, based upon
water consumption for the immediately preceding quarter of the calendar
year at the following rate:
|
Gallons of Metered Water per Quarter
|
Rate
|
|---|---|
|
Up to 9,000 gallons of water consumed during a calendar quarter
|
$132
|
|
Gallons of Metered Water Per Quarter
|
Rate
|
|---|---|
|
In excess of 9,000 gallons consumed during a calendar quarter
|
$132 plus $9.20 per 1,000 gallons of water consumed during the
quarter for which the billing is rendered, or part thereof
|
3.
Multiple Purpose Properties. All owners of buildings used partially as a dwelling unit or units and partially as a commercial or industrial establishment or a public property shall pay a quarterly sewage charge of $132 for each dwelling unit and, in addition thereto, shall pay a quarterly charge for the commercial or industrial establishment or public property computed as follows: If there are not separate water meters for the different purposes for which the property is used, there shall be deducted from the total gallonage of water consumed per quarter in the entire property 9,000 gallons for each dwelling unit situated on the property and the net gallonage shall be used in computing the charge for the commercial or industrial establishment or a public property using the rates stated in § 203, Subsection 2 above relating to commercial and industrial establishments and public properties, but in no event shall the rate for the commercial or industrial establishment or public property be less than $132 per quarter. Note: Billing shall be on a quarterly basis for Multiple Purpose Properties.
4.
Minimum Charges. If there is more than one dwelling unit or commercial
or industrial establishment or public property, or any combination
thereof, metered by less than an equivalent number of water meters,
in no case whatsoever shall the total sewer charge be less than the
total of the minimum rates for each residential property dwelling
unit and each commercial or industrial establishment or public property,
as applicable, on said property.
5.
Time of Billing of New Construction and Premises Which Become Accessible
to a Sewer. Sewer charges at the appropriate rate as stated above
shall be charged against new construction from and after the date
of connection to the sewer system, or from the date when ground is
broken for the new construction in cases where a sewer tap had previously
been installed. The minimum rates of $44 per month for each residential
property and $132 per quarter for each commercial or industrial establishment
or public property and $132 per quarter for each dwelling unit and
for each commercial or industrial or public property within a multiple
purpose property shall be charged during construction. Premises not
now accessible to a sewer as defined herein but which later become
accessible to a sewer by construction of a new sewer or extension
of an existing sewer shall be billed for sewer charges from and after
the date on which the new sewer line or extension is available for
use as a sewer to serve the premises concerned.
[Ord. 2012-2, 6/18/2012]
A rebate will be allowed for periods during which a property
is vacant and not in use; provided, however, that no such rebate will
be allowed for a period of three calendar months from and after the
date when notice of such vacancy and non-user is given in writing
to the Borough. A person claiming rebate under this Section shall
apply to the Borough Secretary and present his bill for amendment
before paying same. Adjustments for this reason cannot be made after
the bill is paid.
[Ord. 2012-2, 6/18/2012]
1.
Water consumption, as the term is used in this Part, shall be deemed
to include the metered water consumption as furnished by the Municipal
Authority of the Borough of Lewistown, or its successor, using the
figures for the latest quarter available, plus any water used in the
property acquired from any other source.
2.
In cases where water is used from a source other than the Municipal
Authority of the Borough of Lewistown, or its successor, the Borough
shall have the right, upon written notice, to require the owner of
the property, at the owner's expense, to furnish, install and
maintain in proper operating condition a water meter, of the type
approved by the Borough, to measure the flow of such water, and the
readings from such meters shall be used in computing the total water
consumption for use in determining sewer charges. In cases where the
Borough has given such notice, in writing, and the owner has failed
to furnish and install a water meter within 30 days after such notice,
the Borough shall have the right to estimate the water being used
from such other sources and to use such estimated figure in computing
total water consumption.
3.
In cases where there is a multiple purpose property in which a building
or buildings is/are used partially as a dwelling unit or units and
partially as a commercial or industrial establishment or a public
property and where there are not separate water meters for the different
purposes for which the property is used, the Borough shall have the
right, upon written notice, to require the owner of the property,
at the owner's expense, to furnish, install and maintain in proper
operating condition, separate water meters, of a type approved by
the Borough, to measure the flow of such water from and relating to
each purpose for which the property is used. Thereupon, the readings
from such meters shall be used in computing the total water consumption
for each such purpose and use and shall be used in determining the
appropriate sewer charges. In cases where the Borough has given such
notice, in writing, and the owner has failed, within 30 days after
such notice, to furnish, install and maintain an approved water meter,
the Borough shall have the right to estimate the water being consumed
in relation to the different purposes and to use such estimated figure
in computing total water consumption for each such purpose. Nonetheless,
in no case whatsoever shall the sewer charge be less than total of
the respective minimum charges for each purpose for which the multiple
purpose property is utilized.
4.
In cases where a substantial quantity of water is consumed on the
premises and is not discharged into the sanitary sewer system of the
Borough, the owner of such premises shall have the right at the owner's
expense, with Borough approval, to furnish, install and maintain a
sewage meter or meters at the point or points of discharge of sewage
into the sanitary sewer system of the Borough, and, in such event,
the Borough shall read the said meter or meters quarterly and the
flow reflected by such meter readings shall be used as a basis for
computing quarterly sewer bills for such premises using the appropriate
rates set forth above.
[Ord. 2012-2, 6/18/2012]
1.
Charges imposed hereby for residential property shall be rendered
on the first day of each month of the calendar year, January through
December, inclusive, or as near to said date as reasonably practicable.
Bills shall be payable at face amount to and including the 20th day
of the month of the billing. A penalty of 15% of the bill will be
added for delinquency of up to one month after the twenty-day paying
period and an added penalty of 10% of the bill will be added for delinquency
of up to two months after the twenty-day paying period, and an added
penalty of 5% of the bill per month or fraction thereof will be added
for delinquency after the first two months following the twenty-day
paying period. Payments mailed shall only be considered as paid on
the date received.
2.
Charges imposed hereby on commercial and industrial establishments,
public properties and multiple use properties shall be payable quarterly
on the first day of January, April, July and October of each year.
Bills shall be rendered to users on the first day of January, April,
July and October of each year or as near to said date as is reasonably
practicable. Bills shall be payable at face amount to and including
the 20th day of January, April, July and October following the billing.
A penalty of 15% of the bill will be added for delinquency of up to
one month after the twenty-day paying period and an added penalty
of 10% of the bill will be added for delinquency of up to two months
after the twenty-day paying period, and an added penalty of 5% of
the bill per month or fraction thereof will be added for delinquency
after the first two months following the twenty-day paying period.
Payments mailed shall only be considered as paid on the date received.
3.
All persons required to pay sewer charges shall keep the Borough
advised of their correct address. Failure to receive bills will not
be considered an excuse for nonpayment, nor delay or prevent the imposition
of penalties for late payment.
4.
All bills imposed hereunder and any penalty thereon shall be payable
at such financial institution or location as the Borough Council may
determine from time to time by resolution. However, no payments of
sewer charges or penalties thereon shall be payable or paid at the
Burnham Municipal Building.
5.
In the event that the Borough Council shall take action to have the
water supply shut off at any property for which there is a delinquency
sewer charge as a means of enforcing payment of sewer charges, then
in that event a penalty of $20 shall be imposed, in addition to penalties
herein provided, to cover the cost of shutting off and restoring such
water supply, and such penalty shall be payable along with sewer charges,
costs and other penalties herein provided, before restoration of the
water supply shall be approved.
[Ord. 2012-2, 6/18/2012]
All funds collected for sewer charges and for penalties and
any other income received from the sewer system shall be deposited
in a checking account to be known as Burnham Borough Sewer Fund and
no other funds shall be deposited therein. No funds shall be expended
from the said checking account except for payment of rentals due to
the Authority and for the proper costs of operation, repair, alterations,
inspection, depreciation or other expenses of maintenance of the sewer
system.
[Ord. 2012-2, 6/18/2012]
All sewer charges and all penalties thereon, including, but
not limited to, the penalty relating to water shutoff, not paid when
due shall be deemed delinquent for the purposes of this Part and shall
be a lien on the property served and may be collected in the manner
provided by law for the filing and collection of municipal claims.
Interest on the municipal claim shall be at 10% per annum from the
date of the filing of the lien therefor and/or otherwise as provided
by law as regards municipal claims and liens. In addition, reasonable
attorneys' fees in the collection of delinquent charges by the
method of a municipal claim and lien shall be charged at the rate
of $100 per hour, charged in minimum fifteen-minute intervals. This
shall be the charge for all work performed, including, but not limited
to, telephone conversations, correspondence, drafting of documents,
negotiations, legal research, court time, travel or any other work
performed in relation thereto. In the alternative, any such delinquent
sewer charges and penalties thereon may be collected by a civil action
(formerly known as an "assumpsit action") in the manner provided by
law.
[Ord. 2012-2, 6/18/2012]
1.
The Borough shall have the right to require the owner of any premises,
at his expense, to exclude from the sewer system any noncontaminated
wastewaters and waters used solely for cooling or refrigerating purposes
whenever in the opinion of the Borough such exclusion is desirable.
The requirement of such exclusion shall have no effect on the charge
made in the case of dwelling units. The requirement of such exclusion
shall likewise have no effect on the charge made in the case of commercial,
industrial or multiple purpose properties unless and until the owner
of the premises does at his expense provide a means of disposing such
excluded water in a manner satisfactory to the Borough and does at
his expense provide, install and maintain a meter to measure the volume
of water so excluded, in which event the Borough will read the said
meter quarterly and deduct the volume of water so excluded from the
total water consumed on the premises before computing the charge to
be billed.
2.
Any person using substantial quantities of water solely for cooling
or refrigerating purposes or producing substantial quantities of noncontaminated
waste waters may submit a proposal in writing to the Borough for permission
to exclude said water from the sewer system including a statement
as to how it is proposes to dispose of said water. The Borough shall
have the right to approve or disapprove such proposals. In the event
the Borough should approve such exclusion in writing and provided
that the applicant does furnish, install and maintain a meter to measure
the volume of water so excluded, it shall be thereafter lawful to
exclude said waters from the sewer system and the provisions stated
above relating to billing for excluded water shall apply.
3.
When in the opinion of the Borough it is not practical to install
a meter to measure the quantity of water excluded from the sewer system,
the Borough shall have the right to determine, in such manner and
by such method as they may prescribe, the percentage of total water
consumption being discharged into the sewer system and such percentage
shall be used in computing the charge.
[Ord. 2012-2, 6/18/2012]
Upon the failure of any person to take any action and/or perform
such work as required by this Part, the Borough shall have the right
to take the action and/or perform such work and bill the owner of
the property for the cost thereof. Any such bill not paid within 30
days may be collected by a civil action (formerly known as an "assumpsit
action") or may be filed as a municipal claim and lien as provided
by law as regards municipal claims and liens, as amended from time
to time. If filed as a municipal claim and lien, interest on said
municipal claim shall be computed at a rate of 10% per annum from
the date of the completion of the action and/or work after it is filed
as a lien and/or otherwise as provided by law as regards municipal
claims and liens, as amended from time to time. In addition, reasonable
attorneys' fees in the collection of the bill by the method of
a municipal claim and lien shall be charged at the rate of $100 per
hour, charged in minimum fifteen-minute intervals. This shall be the
charge for all work performed, including, but not limited to, telephone
conversations, correspondence, drafting of documents, negotiations,
legal research, court time, travel or any other work performed in
relation thereto.
[Ord. 2012-2, 6/18/2012]
The Borough shall be responsible for reading all meters installed
for the measure of water provided from sources other than the Municipal
Authority of the Borough of Lewistown and water excluded from the
sewer system as contemplated by this Part and all such meters shall
be accessible to Borough personnel at all reasonable times.
[Ord. 2012-2, 6/18/2012]
The Borough reserves the right to adopt, from time to time,
such additional rules and regulations as it shall deem necessary and
proper covering and touching upon the subjects covered by this Part,
which rules and regulations shall be and shall be construed as a part
of this Part.
[Ord. 2012-2, 6/18/2012]
1.
No person shall discharge or cause to be discharged into a sewer
or the sewer system any stormwater, surface water, groundwater, roof
runoff, subsurface drainage or any discharges other than sewage wastes
as herein defined.
2.
No person shall discharge or cause to be discharged into a sewer
or the sewer system with or without pretreatment any industrial waste,
chemicals or other discharges having any one of the following characteristics:
A.
Any liquid or vapor having a temperature higher than 120° F.
B.
Any water or waste containing more than 100 parts per million by
weight of fats, oils or grease.
C.
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas.
D.
Any unground garbage, scraps or vegetables.
E.
Any ashes, cinders, sand, mud, straw, wood or metal shavings, metal,
glass, rags, feathers, tar, plastics, wood, paunch manure, butcher's
offal or any other solid or viscous substance capable of causing obstruction
to the flow in the sewer system or capable of causing a nuisance or
other interference with the proper operation of the sewer system.
F.
Any waters or wastes having a pH lower than 6.0 or higher than 9.5
or having any other corrosive property capable of causing damage or
hazard to the structures or equipment constituting part of the sewer
system or to personnel engaged in the operation and maintenance thereof.
G.
Any waters or wastes containing any toxic substances in quantity
sufficient to constitute a hazard to humans or animals or to injure
or interfere with any sewage treatment process of the treatment plant
or to create any hazard in the receiving waters of the sewer system.
H.
Any noxious or malodorous gas or substance capable of creating a
public nuisance or hazard to life or of preventing entry into any
sewer or the sewer system for maintenance and repair.
I.
There shall be no rates of flow which in the opinion of this Borough
will exceed the available capacity of sewers or the sewer system.
This subsection applies likewise to sanitary sewage.
J.
Any toxic radioactive isotopes or materials.
K.
Any drainage from building construction.
[Ord. 2012-2, 6/18/2012]
The Borough shall have the right to impose a surcharge, in addition
to applicable volume charges, on owners of nonresidential establishments
that discharge wastewaters to the sewer system having an average five-day
biochemical oxygen demand greater than 150 parts per million and a
suspended solids content greater than 150 parts per million. The rates
of surcharge and the manner of establishing the strength of wastes
shall be determined by this Borough as the need arises.
