[Ord. 399, 4/19/1960, § I; as amended by Ord. 453,
10/15/1963, § 1; by Ord. 507, 10/17/1967, § I;
by Ord. 524, 1/7/1969, § I; by Ord. 563, 4/17/1973, § 1;
by Ord. 587, 7/15/1975, § 1; by Ord. 606, 3/31/1978, § 1;
by Ord. 636, 12/17/1981, § I; by Ord. 679, 12/18/1986, § I;
by Ord. 739, 4/15/1993, § I; by Ord. 791, 12/17/1998, § I;
by Ord. 849, 9/16/2004; by Ord. 924, 10/21/2010]
There is hereby imposed upon all owners of property located
within the Borough of Elizabethtown which are connected to and have
use of Borough sewers, sewerage system and sewage treatment plant,
hereinafter collectively called "sewer system," an annual sewer rental,
effective April 1, 1978, and thereafter, and which shall be due and
payable quarterly in accordance with the schedule of rates and classifications
hereinafter set forth:
B.Â
Commercial and Industrial and Other Nonresidential Users.
(1)Â
Sanitary Sewage. The quarterly sewer rents or charges for all
commercial or industrial users, including without limitation, retail
gas stations with or without car washing facilities, laundromats,
bowling alleys, motel and hotel units, restaurants, bars, grocery
stores, drug stores or pharmacies, nursing homes, private clubs, photofinishers,
swimming pools, hospitals, retail stores, beauty salons, barber shops,
funeral homes, financial institutions, office buildings, theaters,
municipal buildings, dry cleaners, coin-operated car washes and bakeries,
shall be based on the volume or quantity of water used as evidenced
by meter readings of water meters installed by the water supplier
for the purpose of measuring water purchased from such water supplier
or such other meters or measuring devices as may be installed or otherwise
determined pursuant to the provisions of this Part, and shall be subject
to the minimum charges hereinafter provided, all as follows:
[Amended by Ord. 965, 12/18/2014; by Ord.
971, 12/17/2015; and by Ord. No. 1003, 12/2/2021]
(2)Â
Sanitary Sewage Users Who Have Purchased Reserved Capacity.
The quarterly sewer rate or charges for all industrial establishments
and nonresidential users who have purchased reserved capacity in the
treatment works shall be the proportion of the total cost to the Borough
of operating the wastewater treatment plant (including applicable
administrative costs but excluding debt service cost) equal to the
ratio of the user's total recorded flow of wastewater to the total
recorded flow of all industrialized and sanitary wastewater from all
sources discharged into the facility. The charge shall be calculated
in accordance with the following formula:
The charge shall be determined by multiplying the total operation
and maintenance cost of the treatment works (excluding the Borough's
debt service) by the ratio of the user's total recorded flow of wastewater
to the total recorded flow of all industrial and sanitary wastewater
from all Borough customers through the treatment works.
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A = B x C/D
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Where:
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A
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=
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User's basic operation and maintenance charge
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B
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=
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Total operation and maintenance cost of the treatment works
exclusive of all principal or interest payable by the Borough because,
on account of, or by reason of any outstanding obligation of the Borough
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C
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=
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User's total recorded quarterly wastewater flow through the
treatment works
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D
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=
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Total recorded quarterly wastewater flow through the treatment
works
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(3)Â
Surcharge. In addition, a surcharge shall be imposed for any
industrial waste which the Borough consents to accept into the sewer
system which has a total suspended solids concentration in excess
of 250 milligrams per liter or a total biochemical oxygen demand concentration
in excess of 250 milligrams per liter or an oil and grease concentration
in excess of 80 milligrams per liter, and the charge for treatment
of such industrial waste shall be computed in accordance with the
following formula:
[Amended by Ord. 965, 12/18/2014]
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Total Charge = Q + [0:01 Q(TSS-250)] + [0.01 Q(BOD-250)] + [0.01
Q(OG-80)]
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|
Where:
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Q
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=
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Quarterly metered charge
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TSS
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=
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Total suspended solids in milligrams per liter
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BOD
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=
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Biochemical oxygen demand in milligrams per liter
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OG
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=
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Oils/grease in milligrams per liter
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(4)Â
Nutrient Surcharge. Due to the addition of nutrient limits to
the Borough's NPDES wastewater discharge permit, a nutrient surcharge
shall be imposed for any industrial waste which the Borough consents
to accept into the sewer system which has a total nitrogen concentration
in excess of 40 milligrams per liter and a total phosphorus concentration
in excess of 10 milligrams per liter, and the charge for treatment
of such industrial waste shall be computed in accordance with the
following formula:
[Added by Ord. 965, 12/18/2014]
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Total Nutrient Surcharge = Q + [0.01 Q(NITROGEN-40)] + [0.01
Q(PHOSPHORUS-10)]
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|
Where:
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Q
|
=
|
Quarterly metered charge
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NITROGEN
|
=
|
Total nitrogen concentration in milligrams per liter
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|
PHOSPHORUS
|
=
|
Total phosphorus concentration in milligrams per liter
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C.Â
Mixed Usage. In case of a combination of one or more private dwellings
or living units with one or more commercial or industrial establishments
in one building or structure, such unit and such establishment having
the use of the sewer system through one sewer connection, then the
sewer rentals and charges shall be determined as follows:
[Amended by Ord. 965, 12/18/2014; by Ord.
971, 12/17/2015; and by Ord. No. 1003, 12/2/2021]
(1)Â
A quarterly flat rate of $105 per quarter shall be imposed for
each private dwelling or each living unit.
(2)Â
The nonresidential fraction of the total combined discharge
shall be determined using the rate schedule in Subsection B of this
section allowing a credit of 15,000 gallons per quarter per residential
unit included in the combined total.
(3)Â
In no case shall the quarterly charge be less than the total
number of residential and nonresidential units multiplied by a rate
of $105 per quarter.
(4)Â
Where a single building or structure contains a multipurpose
commercial or industrial use and each unit and establishment has its
own separate connection to the sewer system, then the metered charges
and rentals shall be based on each separate connection as if each
unit and establishment were located in a separate structure.
D.Â
COMMERCIAL ESTABLISHMENT
INDUSTRIAL ESTABLISHMENT
INDUSTRIAL WASTE
MIXED USAGE
MULTIPURPOSE COMMERCIAL OR INDUSTRIAL ESTABLISHMENT
PRIVATE DWELLING OR LIVING UNIT
SANITARY SEWAGE
WATER SUPPLIER
Definitions. Unless the contest specifically and clearly indicated
otherwise, the meanings of the terms used in this Part shall be as
follows:
Any structure or portion thereof intended to be used wholly
or in part for the purpose of carrying on a trade, business or profession
of for social, amusement, charitable or public uses. In a structure
where the individual offices or similar units share sanitary facilities,
those units sharing the same facilities shall be considered as one
establishment.
Any structure or portion thereof intended to be used wholly
or in part for the manufacturing, fabricating, processing, cleaning,
laundering or assembling of any product, commodity or article. In
a structure where the individual units share sanitary facilities,
those units sharing the same facilities shall be considered as one
such establishment.
Any solid, liquid or gaseous substance or water borne wastes
or form of energy ejected or escaping from any industrial, manufacturing,
trade or business process or from the development, recovery or processing
of natural resources as distinct from sanitary sewage.
Any structure or building which contains a combination of
one or more dwelling or living units with a commercial or industrial
establishment or a combination of a commercial establishment with
an industrial establishment.
[Added by Ord. No. 1003, 12/2/2021]
Any structure or building which contains a combination of
one or more dwelling or living units with a commercial or industrial
establishment or a combination of a commercial establishment with
an industrial establishment.
Any structure intended to be occupied as a whole by one family,
or an apartment intended to be occupied by one family, or a one-family
living unit containing plumbing for kitchen or toilet facilities.
The normal water-carried household and toilet wasted from
residences, business building, institutions and commercial or industrial
establishments.
Any public agency or private company furnishing water service
to the particular property connected to the sewer system.
E.Â
Measuring Volume or Quantity.
(1)Â
Methods of Measuring Volume or Quantity. Whenever a person purchasing
all water used from the water supplier discharges sanitary sewage
and/or industrial waste into the sewer system, the volume of water
used, as determined from meter readings, made by, or made available
to the Borough, shall be used in computing the sewer rentals.
(2)Â
In cases where persons have sources of water supply in addition
to, or other than from, the water supplier and discharge sanitary
sewage and/or industrial waste into the sewer system the Borough may
require owner to furnish and install at owner's cost and expense,
a meter on such additional or other source of supply. The total amount
of water used as shown by these meter readings will be used in computing
the sewer rentals.
(3)Â
In cases where persons (a) use water from the water supplier
and/or from any other source and (b) all or any part of the water
so used in not discharged into the sewer system, the quantity of water
used to determine the sewer rentals shall be computed by one of the
following methods:
(a)Â
Method No. 1. By placing a meter or measuring device on the
sewer connection. The readings from this meter or measuring device
shall be used in computing the sewer rentals.
(b)Â
Method No. 2. By placing a meter or measuring device on the
effluent or waste water not discharging into the sewer system. The
reading from this meter or measuring device will then be deducted
from the total water meter readings and the remainder will be used
in computing the sewer rentals.
(c)Â
Method No. 3. When in the opinion of the Borough Manager it
is not desirable or practical to install devices to continuously determine
the quantity of water discharged to the sewer system, the Borough
Manager will determine, in such manner and by such method as he may
prescribe, the percentage of metered water and waste discharged into
the sewer system and the quantity of water used to compute the sewer
rentals shall be the percentage so determined of the quantity measured
by the water meter or meters, or may determine the appropriate sewer
rental in any other manner which he may deem appropriate; provided
however, that any sewer rental established by this Method No. 3 shall
be reasonable in light of sewer rentals determined by other methods
established hereunder. Any dispute as to the estimated amount shall
be submitted to Borough Council after notice of the estimate, whose
decision on the matter shall be final for the current calendar year.
(4)Â
Measuring Devices. All water supply, meters or water supply
measuring devices not provided by the water supplier but otherwise
used under the provisions of this Part shall be furnished and installed
by owner, at owner's own cost and expense. All sewage meters and sewage
measuring devices used under the provisions of this Part shall be
used only upon the election of the owner and with the consent of the
Borough. All sewage meters and sewage measuring devices shall be furnished
and installed by the owner, at the owner's cost and expense. All meters
and measuring devices shall be under the control of the Borough and
may be tested, inspected or repaired by Borough employees whenever
deemed necessary. The owner shall be responsible for maintenance and
safekeeping of all meters or measuring devices and all repairs thereto
shall be made by the Borough at the property owner's expense, whether
such repairs are made necessary by ordinary wear and tear or other
causes. Bills for such repairs shall be due and payable at the same
time and collected in the same manner as are Bills for sewer services.
(5)Â
Meter Readings. The Borough shall be responsible for the reading
of all meters or measuring devices, unless such readings are otherwise
made available to the Borough by the water supplier, and such meters
shall be made available to Borough employees for meter reading at
any reasonable time.
[Ord. 399, 4/19/1960, § II; as amended by Ord.
900, 11/20/2008]
1.Â
All billings for sewer rentals shall be rendered quarterly on the
first day of January, April, July and October of each year and shall
be subject to a 10% penalty if not paid within 30 days from the date
of the invoice.
[Amended by Ord. No. 1003, 12/2/2021]
2.Â
The annual rental or charge imposed under this Part if not paid shall
be a lien against the property served, and the lien thereof shall
be preserved by the Borough against the property served by filing
in the office of the Prothonotary, all as now is or may in the future
be provided by law.
[Ord. 399, 4/19/1960, § III]
The Borough reserves the right to refuse connection to the sewer
system, to compel discontinuance of the use of any sewer, or to compel
pretreatment of industrial wastes deemed harmful to the sewer system
or sewage treatment plant.
[Ord. 399, 4/19/1960, § IV]
The Borough's representative shall have access at all times
to industrial establishments and any meters used for establishing
or determining volumes of sewage and/or waste water discharged into
the sewer system.
