[Ord. 627, 12/29/1993]
Unless the context specifically and clearly indicates otherwise
the meaning of terms and phrases used in this Part shall be as follows:
Hamburg Municipal Authority.
The calendar year 1990.
The Borough of Hamburg, Berks County, Pennsylvania.
The owner of an improved property where a commercial activity
is conducted.
Any room, group of rooms, building or other enclosure used
for the sale or distribution of any product, commodity, article of
service and specifically shall include churches, chapels, club rooms,
firehouses, professional offices, banks, schools or other room, group
of rooms, building or enclosure not constituting a residence nor generating
industrial waste as that term is hereinafter defined; provided, however,
that the phrase "commercial establishment" shall not include apartments.
Volume or waste strength in excess of 300 gallons per day
0.5 pounds B.O.D. per day or 0.5 pounds of suspended solids per day
(or such other volume or waste strength as this Authority or Borough
shall utilize, from time to time, in determining an EDU for its users
of the sewer system) of standard strength sanitary sewage as that
term is hereinafter defined; provided, however, that each residence
(including apartment unit) and each commercial establishment, as those
terms are herein defined, shall be considered at least one EDU. Each
fraction of an EDU shall be considered one whole EDU.
Any property located within the Borough upon which thee is
erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sanitary sewage and/or industrial waste shall be or may be discharged.
The owner of an improved property where an industrial activity
is conducted.
Any solid, liquid or gaseous substance or form of energy
rejected or escaping in the course of any industrial, manufacturing,
trade or business process or in the course of the development, recovery
or processing of natural resources as distinct from sanitary sewage
as that term is hereinafter defined.
Any person invested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
corporation or other group or entity.
Any room, group of rooms, mobile home or other enclosure
occupied or intended for occupancy as separate living quarters by
a family or other group of persons living together or by persons living
alone and shall also include apartment units and apartments in converted
single-family residences, each apartment or converted unit being deemed
a single residence.
The normal water carried household and toilet waste from
a residence.
All facilities, as of any particular time, for collecting,
pumping, transporting, treating and disposing of sanitary sewage to
be owned by the Authority and to be leased to the Borough for operation
and use.
The fee which the Authority is permitted to charge pursuant
to Act 203 of 1990, § 4(B)(t)(1)(iii).
[Ord. 627, 12/29/1993]
This Authority hereby does charge a tapping fee, in the amount set forth in § 18-303 of this Part, against the owner of any improved property whenever such owner hereafter shall connect any such improved property with the sewer system or when a commercial or industrial customer increases its use of capacity related facilities owned by the Authority above its level of use in the base year or the level of use specified in the industrial waste discharge permit.
[Ord. 627, 12/29/1993]
The amount of the tapping fee shall be $1,000 per EDU or as
hereafter amended, from time to time, by further resolution of this
Authority. The Authority incorporates herein by reference thereto
the attached calculations of the PSC Engineers setting forth the components
of the tapping fee and the maximum tapping fee chargeable by the Authority.
[Ord. 627, 12/29/1993]
The tapping fee shall be due and payable upon the date when the owner of any improved property shall apply for a permit from the Borough pursuant to Part 1 or 2 of this chapter or upon the date when the Borough shall connect any property to the sewer system at the cost and expense of the owner of such improved property or at such time as a commercial or industrial customer increases its use of capacity-related facilities owned by the Authority above its level of use in the base year or the level of use specified in the industrial waste discharge permit. The number of EDU's for purposes of the calculation of the tapping fee shall be determined at the aforesaid time based upon an estimate of usage of capacity as determine by the owner of any improved property. The Authority reserves the right to determine the EDU's actually used by a customer at any time and from time to time. In the event that such determination results in the owner of improved property using more EDU's than estimated the owner shall immediately pay to the Authority the balance of the tapping fee remaining due based upon actual usage.
[Ord. 627, 12/29/1993]
In the event the owner's estimate of the number of EDU's pursuant to § 18-304 is more than 10% less the number of ECU's which are determined by the Authority as a result of measuring actual usage, the owner shall immediately pay to the Authority an amount equal to 15% of the difference between the tapping fee as calculated based on the owner's estimate and the tapping fee as calculated based upon actual usage as a charge over and above any tapping fee or any other sums otherwise due hereunder.
[Ord. 627, 12/29/1993]
All tapping fees shall be payable to the Authority in the case
of the Treasurer of this Authority or to such officer or representative
of this Authority as shall be authorized, from time to time, by resolution
of this Authority, to accept payment thereof.
[Ord. 627, 12/29/1993]
The use or usage of the system for the purpose of this Part
shall be the highest daily flow measured over any twenty-four-hour
period.
[Ord. 627, 12/29/1993]
Paying of tapping fees charged by this Authority pursuant to
this Part shall be enforced by this Authority in any manner appropriate
under laws in effect at the time.
