[Adopted 12-20-1988 by Ord. No. 88-12 (Ch. 18, Part 3, of
the 1991 Code of Ordinances)]
[Amended 12-6-2010 by Ord. No. 2010-7]
Unless the context specifically and clearly indicates otherwise,
the meanings of terms and phrases used in this article shall be as
follows:
The Fairview Township Authority, a municipality authority
of the commonwealth.
The Commonwealth of Pennsylvania.
Physical attachment to and use of the sewer or sewer system. Further, a property shall be deemed to be connected to the sewer or sewer system if, after the owner has been provided notice to make connection to the sewer in accordance with Article II of this chapter and said notice period has expired, the owner has failed, neglected or otherwise refused to connect to the sewer or sewer system.
Any room, group of rooms, house trailer, building or other
enclosure connected, directly or indirectly, to the sewer system and
occupied or intended for occupancy as separate living quarters by
a family or any other group of persons living together or by a person
or persons living alone, excluding instructional dormitories.
The unit of measure by which a user charge shall be imposed
upon each dwelling unit, industrial establishment or nonresidential
establishment, as determined in this article or in any subsequent
ordinance of the Township, constituting daily sewage flow in any amount
up to 225 gallons per day.
Any course of the development, recovery or processing of
natural resources.
Any room group of rooms, building or other enclosure connected,
directly or indirectly, to the sewer system, including instructional
dormitories and industrial establishments, which do not or does not
constitute a dwelling unit.
Any person vested with ownership, legal or equitable, sole
or partial, of any dwelling unit, nonresidential establishment or
industrial establishment which shall be connected, directly or indirectly,
to the sewer system.
Any individual, partnership, company, association, society,
corporation or other group or entity.
Pipe or conduit constituting a part of the sewer system and
used or usable for sewage collection purposes.
All facilities, as of any particular time, for collecting,
pumping, transporting, and disposing of wastewater, to be acquired
or to be constructed and to be owned and operated by the Township
or to be owned by the Authority and to be leased to the Township for
maintenance, operation and use, as the case may be.
The Township of Fairview, York County, Pennsylvania, acting
by and through its Board of Supervisors or, in appropriate cases,
its authorized representative.
Any licensed civil engineer employed by the Township or any
firm engaged by the Township to render engineering services.
Facilities for transportation of sewage and waste to any
treatment plant and through which sewage and wastes from the sewer
system are transported.
With respect to any portion of the sewer system, the sewage
treatment plant and related facilities, including sewage transportation
facilities, owned by the Township, the Authority or any other person,
to which wastewater is discharged from such portion of the sewer system
for ultimate treatment and disposal.
Normal water-carried domestic wastes and/or suitable industrial
wastes discharged into the sewer system.
[Amended 9-11-1990 by Ord. No. 90-6; 12-22-1992 by Ord. No. 92-6; 1-23-1996 by Ord. No. 96-1; 12-22-1997 by Ord. No. 97-15; 1-4-2000 by Ord. No.
2000-1; 1-2-2001 by Ord. No. 2001-2; 12-1-2003 by Ord. No. 2003-7; 3-10-2008 by Ord. No. 2008-1]
A.
Sewer rentals or charges are imposed upon and shall be collected
from the owner of each dwelling unit, nonresidential establishment
and industrial establishment which is or hereafter shall be connected
with the sewer system, for use of the sewer system and for services
rendered in connection therewith, whether such use shall be direct
or indirect, and shall be payable in the amounts, at the times and
in the manner as provided in this article.
B.
Sewer rentals.
(1)
All sewer rentals shall be based upon an annual flat rate per equivalent
dwelling unit computed in accordance with the following schedule and
effective April 1, 2008:[1]
(a)
"Classification Number 1" shall mean and include all such dwelling units within the Township which were connected to the sewer system and until other classifications are created by amendment hereto. The annual flat rate per equivalent dwelling unit for Classification Number 1 shall be as provided in Chapter A302, Fees.
(b)
"Classification Number 2" shall mean and include all nonresidential establishments and industrial establishments within the Township that are connected to the sewer system and until other classifications are created by amendment hereto. The annual flat rate per equivalent dwelling unit for Classification Number 2 shall be as provided in Chapter A302, Fees.
(2)
Changes in the annual flat rate per equivalent dwelling unit pursuant
to this section shall be established hereafter by the Board of Supervisors
by resolution from time to time.
C.
Authorized holding tanks. Notwithstanding the provisions of this article and any other ordinances to the contrary, the Township, upon the recommendation and approval of the Township Engineer, may authorize the use of temporary holding tanks for wastewater discharged from dwelling units, which tanks shall be installed at the cost of the owner. During the time which such holding tanks are in authorized use, the Township shall remove the wastewater from such tanks not less than bimonthly and shall bill the owner of the dwelling unit, monthly, in advance of the service performed, a charge as provided in Chapter A302, Fees.[2]
D.
Multiple dwelling units and nonresidential establishments. In case of owners of property from which wastewater originates from more than one dwelling unit and/or nonresidential establishment located on such property and is discharged to the sewer system, sewer rentals shall be computed by multiplying the number of equivalent dwelling units for the multiple dwelling limit and/or nonresidential establishment, as determined by the Township Engineer, by the applicable rates as set forth in Subsection A.
E.
The Township may require the owner of an industrial establishment or nonresidential establishment, or the owner of an industrial establishment or nonresidential establishment may elect, to install, pay for, and maintain a meter approved by the Township for measuring quarterly wastewater volumes discharged to the sewer system, in which case sewer rental shall be based upon the actual volume of wastewater so metered and the rate set forth under Subsection B above.
F.
Additional classifications. Additional classifications and sewer
rentals of or modifications of the above schedule of sewer rentals
may be established by the Township from time to time as deemed necessary.
G.
Special agreements. Nothing herein contained shall prohibited this
Township from entering into separate agreements with owners (including
any school) with respect to sewer rentals or charges to be imposed
in those cases where, due to seasonal fluctuations or other unusual
circumstances, the sewer rentals or charges set forth herein shall
be deemed by this Township to be unfair or inequitable.
[Amended 9-11-1990 by Ord. No. 90-6]
A.
All sewer rental billing shall be rendered in area of the service
provided for calendar-quarterly service periods on January 1, April
1, July 1 and October 1 of each year a property is connected to the
sewer system. Billings in areas shall be rendered quarterly in January,
April, July and October for the periods ending on the last days of
March, June, September, and December of each year. Owners of property
connected to the sewer system for only a portion of the calendar billing
period shall pay a pro rata sewer rental for the period of time actually
connected during the billing period. All sewer rental billings shall
be due and payable upon presentation; and if not paid within 30 days
from the date of billing, a penalty of 10% shall be added.
B.
Sewer rentals and charges shall be due and payable upon the applicable
billing date, at the office of the Treasurer of the Township, or at
such other location as the Township may designate; and the appropriate
amount, computed in accordance with this article, shall constitute
the net bill.
C.
The owner of any dwelling unit, nonresidential establishment, or
industrial establishment which is connected to the sewer system shall
provide the Township with, and thereafter shall keep the Township
advised of, the correct address of such owner. Failure of any person
to receive quarterly bills for sewer rentals or charges shall not
be considered an excuse for nonpayment, nor shall such failure result
in an extension of the period of time during which the net bill shall
be payable.
Sewer rentals or charges imposed by this article shall be a
lien upon the property connected to and served by the sewer system;
and any such sewer rentals or charges which are not paid in accordance
with this article, at the discretion of this Township, shall be filed
as a lien against the property so connected to and served by the sewer
system, which lien shall be filed in the appropriate office of the
County of York, Pennsylvania, as provided by law, and shall be collected
in the manner provided by law for the filing and collecting of municipal
claims.
A.
No person shall discharge or shall cause to be discharged any stormwater,
surface water, springwater, groundwater, roof runoff, subsurface drainage,
building foundation drainage, cellar drainage or drainage from roof
leader connections into any sewer.
B.
The Township reserves the right to refuse permission to connect to
the sewer system, to compel discontinuance of use of the sewer system,
or to compel pretreatment of wastewater by any industrial establishment
in order to prevent discharges deemed harmful or to have a deleterious
effect upon any portion of the sewer system, transportation facilities
or any treatment plant.
C.
Where necessary, in the opinion of the Township, the Township may
require the owner of an industrial establishment to provide, at such
owner's expense, such facilities for preliminary treatment of
industrial wastes as may be necessary to reduce objectionable characteristics
or constituents of such industrial wastes in order to bring the same
within the maximum limits permitted in this article and to control
the quantities and rates of discharge of such industrial wastes over
a twenty-four-hour day and a seven-day week.
D.
Plans, specifications and any other pertinent information relating
to proposed facilities for preliminary treatment and handling of industrial
wastes shall be submitted for approval of the Township; and no construction
of any such facility shall be commenced until approval thereof first
shall have been obtained, in writing, from the Township, and until
approval thereof first shall have been obtained from any governmental
regulatory body having jurisdiction.
E.
Whenever facilities for preliminary treatment and handling of industrial
wastes shall have been provided by any owner, such facilities continuously
shall be maintained, at the expense of such owner, in satisfactory
operating condition; and the Township shall have access to such facilities
at reasonable times for the purpose of inspection and testing.
A.
Any person desiring to make or to use a connection to the sewer system
through which industrial wastes shall be discharged into the sewer
system shall file with the Township an application for a permit, and
such person also shall supply to the Township pertinent data, including
estimated quantities of flow, characteristics and constituents, with
respect to industrial wastes proposed to be discharged into the sewer
system and shall obtain a written permit from the Township to do so
before making or using such connection. The cost of obtaining all
such data shall be borne by the person desiring to make or to use
such a connection to the sewer system.
B.
Any person who shall discharge industrial wastes into the sewer system,
when required by the Township, shall construct, at the expense of
such person, and thereafter properly shall maintain, at the expense
of such person, a suitable control manhole and other devices as shall
be approved by the Township to facilitate observation, measurement
and sampling by the Township of wastewater discharged to the sewer
system. Any such control manhole, when required by the Township, shall
be constructed, at an accessible, safe, suitable and satisfactory
location, in accordance with plans to be approved by the Township
prior to commencement of construction.
C.
Industrial establishments shall install fine screens to remove husks,
hull, vegetable skins, peelings, threads, lint, grease and other such
nonsettleable and floating solids, or other organic or inorganic substances
determined by this Township or the Authority to overload, impair the
efficiency of or cause difficulties in operation of the sewer system,
transportation facilities or any treatment plant.
D.
Any owner of an industrial establishment who is discharging or permitting
to be discharged industrial wastes into the sewer system and who contemplates
a change in the method of operation which will alter the type of industrial
wastes at the time being discharged into the sewer system shall notify
this Township, in writing, at least 10 days prior to consummation
of such change so that this Township may sample the industrial wastes
immediately after such change takes place in order to make the determinations
provided for or required by this article.
The Township, or its duly authorized representatives, shall
have the right of access, at all reasonable times, to any part of
any and all properties served by the sewer system as shall be required
for purposes of inspection, observation, measurement, sampling and
testing and for performance of other functions relating to service
rendered by the Township through the sewer system.
A.
This Township reserves the right to adopt and promulgate, from time
to time, additional classifications and sewer rentals or charges therefor,
or modifications of the schedule of sewer rentals or charges as set
forth in this article, which additional classifications and sewer
rentals or charges, or modifications, as the case may be, shall be
construed as a part of this article.
B.
This Township reserves the right to adopt, from time to time, such
additional rules and regulations as it shall deem necessary and proper
in connection with the use and operation of the sewer system, which
rules and regulations shall be, shall become and shall be construed
as part of this article.
