[HISTORY: Adopted by the Borough Council of the Borough of
Lewistown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-6-1942 by Ord. No. 42-6, amended in its entirety 9-22-1972 by Ord. No.
72-19(C) (Ch. 18, Part 1, of the 1986 Code)]
This article shall be known as and may be cited as the "Borough
Sanitary Sewer Connection and Use Ordinance."
This article shall be considered as auxiliary to Chapter 110, Article I, Building, Plumbing, Electrical and Property Maintenance Codes, and the provisions, standards and regulations for the connection with a sanitary sewer or lateral or with a stormwater sewer or lateral, the installation and construction of a sanitary sewer lateral or stormwater lateral, and the addition, alteration, repair or replacement of any existing sewer lateral shall be determined (except as provided in §§ 192-4 to 192-8 of this article) by the Building Code and the Plumbing Code of Chapter 110, Article I, Building, Plumbing, Electrical and Property Maintenance Codes.
It shall be the duty of the Building Codes, Property Codes and Zoning Code Department to carry out the functions and purposes of this article. In discharging this duty or in making any inspection which under the provisions of this article the Department may deem necessary to be made, or if the Department deems that conditions or work do not comply with the provisions, standards or regulations of this article or Chapter 110, Article I, Building, Plumbing, Electrical and Property Maintenance Codes, the Department shall have the authority granted and shall follow the procedures in:
A.
Sections 110-7, 110-8, 110-9 and 110-10 of Chapter 110, Article I, Building, Plumbing, Electrical and Property Maintenances Codes. Because this article is auxiliary to Chapter 110, Article I, the word "work" as used in § 110-8 of that article shall mean "conditions or work" when such construction is necessary to implement this article or its administration.
A.
Before any person, whether owner, contractor, architect, engineer,
agent or employee, shall undertake the work of installing and constructing
a sewer lateral which will connect to a sanitary sewer or storm sewer
of the Borough, he shall obtain a tappage permit from the Borough
Manager or the Building Inspector.
B.
The Borough Manager or the Building Inspector shall issue a tappage permit upon submission to him of an application and upon approval of the application by the Borough Manager. All applications shall be on a form as may from time to time be required by the Borough and shall be accompanied by the fee required by § 192-8. All applications for a tappage permit shall be accompanied by dimensional plans, detailed specifications and schedules of materials. The plans and specifications shall show the location, size and material of all existing sanitary sewers, stormwater sewers, laterals and drains; the location, size and material of all water supply and gas supply piping; and the location and size of all soil waste and vent lines.
C.
The circumstances under which a partial refund of the fee for a tappage permit will be made, the expiration of a tappage permit, the revocation of a tappage permit and the exculpation of the Borough and its employees from liability shall be governed by the provisions of § 110-13 of Chapter 110, Article I, Building, Plumbing, Electrical and Property Maintenance Codes.[1]
Not less than 24 hours' notice of the intended start of work
under a tappage permit and not less than 24 hours' notice of the contemplated
completion of the work shall be given to the Borough Manager or the
Building Inspector. No work done under a tappage permit (including
the work done by the Borough on that part of the sewer lateral which
actually makes the tappage connection to the sewer) shall be closed
in, concealed, covered up or put into operation until it has been
finally inspected, tested and approved by the Borough Manager or the
Building Inspector. The tappage permit holder shall furnish all tools,
labor and assistance required for a final inspection and any inspections
made during the progress of the work.
A.
Prohibited connections with sanitary or stormwater sewers or laterals.
(1)
After May 6, 1942, no cesspool, septic tank or privy vault shall
be constructed on any property within the Borough. No existing cesspool,
septic tank or privy vault shall be connected in any manner to any
sanitary sewer or stormwater sewer of the Borough or to any sewer
lateral. When the use of any existing cesspool, septic tank or privy
vault is discontinued, the cesspool, septic tank or privy vault shall
be thoroughly cleaned, limed and covered to grade with clean earthfill.
(2)
No used pipe shall be used for a lateral which will connect to any sanitary or stormwater sewer unless the pipe has been inspected by the Borough Manager or the Codes Enforcement Officer and approved as to conformity with the standards and regulations of the Plumbing Code of Chapter 11, Article I, Building, Plumbing, Electrical and Property Maintenance Codes, and/or Article III, Adoption of Uniform Construction Code, as applicable.
[Amended 6-13-2011 by Ord. No. 2011-5]
(3)
No stormwater drain, roof water drain, line or lateral shall be connected
to a sanitary sewer, lateral or drain; and no sanitary sewer drain,
line or lateral shall be connected to a stormwater sewer, lateral
or drain.
[Amended 6-13-2011 by Ord. No. 2011-5]
B.
Prohibited deposits and discharges.
(1)
No stormwater or roof water, and no groundwater from springs, streams
or runs, shall be drained or discharged into a sanitary sewer.
[Amended 6-13-2011 by Ord. No. 2011-5]
(2)
No ashes, cinders, silt, soil, rubbish, gasoline, automotive or industrial
grease, oil or inflammable or explosive or poisonous liquid, and no
insoluble material which could obstruct or damage a sanitary sewer
or lateral or obstruct or damage the sewage treatment process, shall
be deposited, drained or discharged into a sanitary sewer.
(3)
No ashes, cinders, stones, garbage, rubbish, yard or garden trimmings,
gasoline, oil, automotive or industrial grease, or inflammable, explosive,
poisonous or pollutant liquid, and no insoluble material shall be
deposited, drained or discharged into a stormwater sewer or into the
gutters, curbs or inlets which flow or wash into a stormwater sewer.
(4)
No sewage intended to be collected by a sanitary sewer (that is,
sewage which is liquid or soluble waste containing animal or vegetable
matter in suspension or solution) and no liquid industrial waste (that
is, liquid or soluble waste products from commercial, manufacturing
or industrial uses) shall be deposited, drained or discharged into
a stormwater sewer.
(5)
No sewage intended to be collected by a sanitary sewer and no liquid
industrial waste shall be run on or into sidewalks, gutters, curbs,
streets or alleys or be deposited, drained or discharged on or into
the ground.
(6)
No plumbing fixture, drain, line or appliance which is to receive, drain or discharge sewage (that is, sewage which is liquid or soluble waste containing animal or vegetable matter in suspension or solution) shall drain or discharge sewage or be put into use or operation if no sanitary sewer of the Borough is deemed available under § 192-7A for receiving a connection of the drain system of such plumbing.
(7)
No stormwater or roof water, and no groundwater from springs, streams
or runs, shall be deposited, drained or discharged onto sidewalks.
However, such water may be drained or discharged into the gutters
of streets or alleys or may be drained or discharged on or into the
ground if the water will flow away from the structure or the source
of the water will not flow onto adjacent property where it was not
wont to flow before and will not cause more water to flow on adjacent
property than flowed before.
C.
Liquid industrial waste. No liquid industrial waste (that is, liquid
or soluble waste products from commercial, manufacturing or industrial
uses) shall be drained or discharged into a sanitary sewer until it
has been determined by the Borough Manager that the introduction of
the liquid industrial waste will not obstruct or damage the sanitary
sewer or lateral or obstruct or damage the sewage treatment process.
D.
Sewer laterals; division of work of installation and connection.
(1)
That portion of a sanitary sewer lateral from the sanitary sewer
to the curbline or gutter line of the street or, if the sanitary sewer
is located in an alley, that portion of the sanitary sewer lateral
from the sanitary sewer to the rear property line or rear lot line
shall be provided by the Borough, and all the work of excavating trenches,
covering or filling trenches, compacting fill and resurfacing shall
be done by the Borough. However, the costs of the labor and materials
involved in the work done by the Borough shall be paid by the owner
of the building, structure or premises benefited by the lateral. Such
costs shall be in addition to the fee for a tappage permit.
(2)
The remaining portion of the sanitary sewer lateral shall be constructed by the owner at his expense. Trenches dug by the owner or his contractor and which cross the sidewalk (or the space reserved for a sidewalk) shall be protected by the owner or his contractor in such manner as to safeguard users thereof and shall be excavated, covered or filled, compacted and resurfaced in a workmanlike manner, all as more particularly set forth in the ordinance governing excavations across sidewalks. (See Chapter 212, Article I, Street Excavations.)
E.
Repair of sewer laterals. If any obstruction in, or damage to, a
sewer lateral occurs in that portion of the sewer lateral from the
sewer to the curbline or gutter line of the street in which the sewer
is located or, if the sewer is located in an alley, in that portion
of the sewer lateral from the sewer to the rear property line or rear
lot line, the work of clearing the obstruction or repairing the damage
shall be done by the Borough. However, if it appears that the obstruction
or damage was due to the act, omission or neglect of the owner of
the building, structure or premises benefited by the lateral, or his
family, agents, employees, contractors, tenants, guests or invitees,
the costs of the labor and materials involved in the work done by
the Borough shall be paid by the owner. If the owner fails or refuses
to pay the costs, the Borough may collect the costs from the owner
by an action in assumpsit or by a municipal claim filed as a municipal
lien.
A.
Connections.
(1)
Every plumbing fixture, drain, line or appliance which is to receive,
drain or discharge sewage (that is, sewage which is liquid or soluble
waste containing animal or vegetable matter in suspension or solution)
shall drain or discharge that sewage to a sanitary drain system:
(2)
A sanitary sewer of the Borough shall be deemed available if it is
located in any street or alley which abuts (as distinguished from
being adjacent to) the lot or property on which the building or structure
housing the sanitary drain system is or will be located; irrespective,
however, of whether the sanitary sewer does in fact extend or project
along the street or alley to that point.
B.
Except as provided by this Subsection B, no separate or detached building or structure which under the provisions of Subsection A has or is required to have a sanitary drain system shall connect that sanitary drain system to, or include it as part of, the sanitary drain system of any other separate and detached building or structure; and the sanitary drain system of each separate and detached building or structure shall be connected to the sanitary sewer by a sanitary sewer lateral which is separate and detached from the sanitary sewer lateral required for any other separate and detached building or structure.
(1)
Exceptions.
(a)
The sanitary drain system of a separate and detached private garage (as that phrase is defined by Chapter 240, Zoning);
(b)
The sanitary drain system of a separate and detached accessory building customarily incidental to a principal building permitted in a residential district under the regulations of Chapter 240, Zoning; or
(c)
The drain system of a private residential pool, as to which the determination and direction have been made under the circumstances and conditions provided for in § 110-2D, Private Residential Pool Code, of Chapter 110, Article I, of the Code of the Borough, that the drain system discharge into a sanitary sewer, may be connected to the sanitary drain system of the principal building to which the private garage, accessory building or pool is accessory or to the sanitary sewer lateral of that principal building if the private garage, the accessory building or the pool with its accessory fixtures has not more than one flush water closet, one lavatory basin or slop sink, and one bathtub or shower, and if not more than one such connection is made. This exception shall not be applicable to a garage or accessory building which is used or converted for a dwelling or later included in a subdivision or later sold with the result that its ownership is separated from the ownership of the principal building.
(2)
Special cases.
(a)
In the case of a two-family duplex house (as that phrase is defined by Chapter 240, Zoning), each side of the house shall be deemed a separate and detached building for the purposes of this article, and one sanitary drain system and one sanitary sewer lateral for each such side shall be required.
(b)
In the case of a row house (as that phrase is defined by Chapter 240, Zoning), each house in the row shall be deemed a separate and detached building for the purposes of this article and one sanitary drain system and one sanitary sewer lateral for each such house shall be required.
(c)
In the case of a tourist cabin or court or automobile court or motel (as those phrases are defined by Chapter 240, Zoning), only buildings which are in fact separate and detached shall be deemed to be separate and detached buildings requiring separate and detached sanitary drain systems and separate and detached sewer laterals.
(d)
In the case of a house trailer lot or mobile home lot in a trailer court or a house trailer or mobile home park (as those phrases are defined by Chapter 240, Zoning), each lot shall be deemed the equivalent of a separate and detached building for the purposes of this article, and one sanitary sewer lateral for each such lot shall be required.
(3)
The sanitary drain system of one shelter may be connected to the
sanitary drain system of the other shelter. However, not less than
one sanitary sewer lateral for each campsite for every eight tents,
trailers or other temporary shelters, or fraction of eight, shall
be required.
C.
The owner of every building, structure or other premises which is
required to have a separate and detached sanitary drain system, and
for which such sanitary drain system a sanitary sewer of the Borough
is deemed available, shall connect the sanitary drain system, by a
sanitary sewer lateral, to the sanitary sewer of the Borough. In any
case where a sanitary drain system has not been connected to the sanitary
sewer as required by this article, the Borough Manager or the Building
Inspector shall give notice of that fact to the owner. The notice
shall be in writing; shall identify the building, structure or premises
required to have its sanitary drain system connected by a sanitary
sewer lateral to the sanitary sewer; and shall cite the provisions
of this article which require the connection. The notice shall contain
an order that the owner connect the sanitary drain system to the sanitary
sewer by a sanitary sewer lateral within such time as the Borough
Manager or the Building Inspector deems necessary but in no event
within less than 45 days. If the owner fails to make the connection
called for by the notice and order, the Borough may install and construct
the sanitary sewer lateral, make the connection to the sanitary sewer
by tappage, and collect the cost for the work (including the fee for
a tappage permit) from the owner by an action in assumpsit or by a
municipal claim filed as a municipal lien.
[Amended 12-10-2012 by Ord. No. 2012-10]
A.
Establishing tapping fee pursuant to Act 57 of 2003, as it may be
amended, in accordance with 53 Pa.C.S.A. § 5607, as amended,
and in accordance with and as authorized by the Borough Code, 8 Pa.C.S.A.
§ 2053, Tapping fees. The Borough of Lewistown has performed
a study in coordination with Gannett-Fleming, Inc., dated July 2012,
to determine the appropriate amount that may be charged as a tapping
fee pursuant to Act 57 of 2003, which study is incorporated herein
by reference as if fully set forth and a copy of which is on file
at the office of the Borough Manager. The Borough of Lewistown's study
identifies an equivalent dwelling unit (EDU) as an average residence
using 218 gallons per day (gpd). The results of the Borough of Lewistown's
study indicate that the Borough of Lewistown could charge a maximum
tapping fee of $2,354.22 per EDU, consisting of $1,163.22 as the collection
part of the tapping fee and $1,191 as the capacity part of the tapping
fee. Accordingly, a tapping fee of $2,000 per EDU is hereby established,
as follows, pursuant to Act 57 of 2003, as it may be amended, in accordance
with 53 Pa.C.S.A. § 5607, as amended, and in accordance
with and as authorized by the Borough Code, 8 Pa.C.S.A. § 2053,
Tapping fees:[1]
(1)
The collection part of the tapping fee shall be set at $809;
(2)
The capacity part of the tapping fee shall be set at $1,191; and
(3)
All new users and/or users where there has been a change in use or
occupancy requesting sanitary sewer must submit to the Borough of
Lewistown for review and acceptance a request for sanitary service,
documenting projected sanitary sewer flows and estimated EDUs, for
evaluation of pro-ration of the above-referenced tapping fees.
(4)
The tapping fee so established and calculated shall be in addition
to any charges assessed by the Borough of Lewistown in accordance
with this chapter and/or as otherwise provided in the Code of the
Borough of Lewistown.
B.
Change in use or occupancy. If at any time after a tappage permit
has once been issued, there is a change:
(1)
In the use or occupancy of a building, structure or other premises;
or
(2)
In the number of dwelling units or other unit of measurement on the basis of which the tapping fee for a tappage permit is determined under Subsection A aforesaid; or
(3)
If the conditions or circumstances on the basis of which the tapping fee for a tappage permit is determined under Subsection A aforesaid, and if such change calls for a tapping fee higher than the fee originally determined under Subsection A aforesaid, as if no change had been made, the difference between the higher fee under Subsection A aforesaid and the lower fee as previously determined under Subsection A shall be paid at the time of the change.
The Board of Building Appeals created under the authority of Chapter 10, Building Appeals Board, of this Code shall have jurisdiction to hear and decide all appeals where it is alleged there is an error in any order, requirement or decision made by the Building Inspector or the Borough Manager in the interpretation or enforcement of this article. The procedure for filing an appeal, the fee for an appeal, the circumstances under which a refund of the fee will be made, the duties, powers and authority of the Board of Building Appeals, and the right to appeal from a decision of the Board of Building Appeals shall be governed by the provisions of Chapter 10, Building Appeals Board.
A.
Borough Council may from time to time amend, supplement or repeal
this article.
B.
An informative notice of intention to amend, supplement or repeal
this article, containing a brief summary setting forth the principal
provisions of the proposed change and a reference to the place within
the Borough where copies of the proposed change may be examined, shall
be published in a daily newspaper of general circulation within the
Borough once each week for two consecutive weeks, with intervals of
at least six days between each publication. The first publication
shall appear not less than eight days nor more than three weeks prior
to the meeting at which Council proposes to consider the change, and
the second publication shall appear not later than the day prior to
the meeting.
[Added 3-24-1986 by Ord. No. 86-2]
A.
Any person, firm or corporation who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not more than $300 and/or to imprisonment for a term not to
exceed 90 days. Every day that a violation of this article continues
shall constitute a separate offense.
B.
The imposition of penalties herein provided shall not preclude the
Borough from instituting an appropriate action or proceeding to prevent
an unlawful installation, connection, construction, addition, alteration,
repair, replacement, use, deposit or discharge or to restrain, correct
or abate a violation or to prevent any unlawful action, condition
or use.
C.
Other remedies. Nothing in this article shall be construed to limit
or deny the right of the Borough of Lewistown or any other person
to such equitable or other remedies as may otherwise be available
with or without process of law, including payment of damages to the
Borough by any person causing damage or injury to the sewer system,
including damage caused by a person's agent, contractor or employee.
Any person who causes harm or damage to the sewer system as a result
of a violation of this article shall be liable to the Borough for
the full costs of such harm or damage, including repayment for Borough
staff time and the cost of contractors used by the Borough in responding
to such damage.
[Added 8-10-2020 by Ord.
No. 2020-7]
[Adopted 9-30-1980 by Ord. No. 80-4 (Ch. 18, Part 2, of the
1986 Code)]
This article shall be known and may be cited as the "Borough
Sewer Rent and Service Charge Ordinance."
This article shall be considered as auxiliary and complementary to the Borough Sanitary Sewer Connection and Use Ordinance in Article I of this chapter.
[Amended 11-15-1983 by Ord. No. 83-6]
A.
Unless otherwise expressly stated, or unless the context clearly requires a different meaning, the following words and terms, when used in this article, shall have the meanings ascribed to them by this section. When a word or term used in this article is not defined by this section or by any other section of this article, and is not defined in Article I of this chapter or Chapter 240, Zoning, or in any building code or plumbing code adopted by the Borough, the word or term shall have ascribed to it its ordinarily accepted meaning or such as the context may require or imply.
B.
When not inconsistent with the context, words and terms used in the
present tense include the future tense; words and terms in the plural
number include the singular number and the converse; and the masculine
gender includes the feminine gender and the neuter gender.
C.
When used in this article, the word "shall" is always mandatory and
not merely permissive.
D.
The phrase "discharges domestic sewage or industrial sewage" shall
be construed as if followed by the words "or which reasonably may
be expected to discharge domestic sewage or industrial sewage."
E.
BOROUGH
DOMESTIC SEWAGE
INDUSTRIAL WASTEWATER
MUNICIPAL AUTHORITY
OWNER
(1)
(2)
PERSON
PROPERTY
SANITARY SEWER SYSTEM
SEWAGE
SEWER SYSTEM
WATER SERVICE LINE
WATER USER UNIT
Terms defined. As used in this article, the following terms shall
have the meanings indicated:
The Borough of Lewistown, Mifflin County, Pennsylvania; or
the Borough Council of the Borough of Lewistown; or in appropriate
cases, the Borough Manager, the Borough Secretary, the Borough Building
Codes, Property Codes and Zoning Code Department, or other persons
designated by the Borough Council to perform duties under this article.
Waste and wastewater from humans or household operations
that is discharged or otherwise enters a treatment works.[1]
Wastewater generated in a commercial or industrial process.
[2]The Municipal Authority of the Borough of Lewistown, Mifflin
County, Pennsylvania, a municipal authority which owns and operates
a water system which supplies water service to properties in the Borough.
Any person who, whether alone or jointly or severally with
others:
Actually owns a property (that is, has legal title to, or a
vested or equitable interest in, the property with or without actual
or accompanying possession thereof); or
Has charge, care or control of a property, as agent, attorney,
manager, operator, receiver, trustee or the like for the owner or
as agent, manager, personal representative, trustee or the like for
the estate of the owner.
Any individual, partnership, association, business firm,
charitable organization, profit or nonprofit corporation, government
body, government agency, municipal authority, or other entity.
The lot or parcel of land, and the buildings and structures
thereon, owned by an owner.
A sewer system or part thereof which is specifically designed
and intended to carry sanitary sewage as opposed to stormwater.[3]
A substance that contains waste products or excrement or
other discharges from the bodies of human beings or animals and noxious
or deleterious substances harmful or inimical to the public health,
or to animal or aquatic life, or to the use of water for domestic
supply or for recreation. The term includes any substance which constitutes
pollution under the Clean Streams Law, 35 P.S. § 691.1 et
seq., as it may be amended and supplemented from time to time, and
the regulations in relation thereto.
[4]The existing sewage collection, transportation and treatment
system owned by the Borough, including all related facilities heretofore
acquired and/or constructed or hereafter acquired and/or constructed
by the Borough, together with all appurtenant facilities and properties
which the Borough has acquired or hereafter shall acquire in connection
therewith, including all property, real, personal and mixed, rights,
powers, licenses, easements, rights-of-way, privileges, franchises
and any and all other property or interests in property of whatsoever
nature used or useful in connection with such facilities, and together
with all additions, extensions, alterations and improvements which
may be made or acquired from time to time. As of any particular time,
the "sewer system" means the aforesaid facilities and all property,
real, personal and mixed, rights, powers, licenses, easements, rights-of-way,
privileges, franchises and any and all other property or interests
in property of whatsoever nature used or useful in connection with
such facilities and capital additions (including property in the nature
of capital additions acquired or constructed from funds wholly or
partially contributed or advanced by users, developers and other persons)
acquired, owned, made or constructed by or for the Borough; and the
"sewer system," without intending to limit the generality of the foregoing
as of any particular time, shall include all buildings, machinery,
mains, conduits, sewers, pipes, pipelines, interceptor lines, outfall
lines, trunk lines, service lines, sewer plants and systems, sewage
collection, transportation and treatment systems and facilities, tanks,
shops, pumping stations, ejector stations, force mains, fixtures,
engines, boilers, pumps, meters and other equipment, all personal
property and all franchises, land, rights-of-way, privileges, easements,
licenses, rights and any other interests in real property, all of
the foregoing being owned by the Borough and used or useful in connection
with the collecting, transporting, pumping, treating and/or disposing
of sewage.
[5]The waterline from a water main of the Municipal Authority,
or from any other source of water supply, to the point on or in the
property where the water distribution system of the property begins;
and the waterline on which a water meter is placed to measure the
volume of the water supplied.
A dwelling unit, commercial unit, institutional unit, manufacturing
unit, agricultural unit, or the like which is supplied with water
from a water service line and which is used or occupied (or is intended
or designed to be used or occupied) separately and distinctly from
any other unit which is supplied with water from the same water service
line.
The following examples employ the definitions of owner, property
and water user unit and illustrate how the number of water user units
on or in the property is determined.
A.
A single-family dwelling house has one water service line to the
house. Accordingly, there is one water user unit on the property.
B.
Each side of a two-family duplex house (a structure with one family
on each side of the common center wall or party wall of the structure)
is owned by the same owner. One water service line to the structure
supplies water to both sides of the structure. Accordingly, there
are two water user units on the property.
|
Each side of a two-family duplex house is owned by different
owners. Each side of the duplex house has a water service line which
supplies water to that side. Accordingly, there are two separate properties
with one water user unit on each property.
|
C.
An apartment building has 12 rental dwelling units, all of which
are supplied with water from the same water service line to the building.
Accordingly, there are 12 water user units in the building.
|
An apartment building has 12 rental dwelling units, five of
which are supplied with water from one water service line to the building
and seven of which are supplied with water from another water service
line to the building. Accordingly, there are twelve water user units
in the building.
|
D.
The owner of a three-story commercial building leases the first floor
for a furniture store, the second floor for a dentist's office and
a photography studio, and the third floor for two apartments. One
water service line to the building supplies the water for all five
units. Accordingly, there are five water user units in the building.
[Amended 6-12-2017 by Ord. No. 2017-6]
A quarterly sewer rent for the collection and treatment of sewage
by the Borough is hereby imposed upon the owner of each property that
is located in the Borough and that:
A.
Discharges domestic sewage or industrial sewage into a sanitary sewer
of the Borough;
C.
The Borough determines to be an equivalent dwelling unit (EDU) as
that term is defined in the 1982 Agreement for the Acceptance and
Treatment, at the Lewiston Wastewater Treatment Plant, of Wastewater
Received from the Derry Wastewater Collection System, the Granville
Wastewater Collection System, any the Lewistown Wastewater Collection
System, including any amendments thereto and any successor agreements.
[Amended 11-15-1983 by Ord. No. 83-6; 2-23-1987 by Ord. No. 87-2; 2-11-1991 by Ord. No. 91-2; 1-27-1992 by Ord. No. 92-1; 1-10-1994 by Ord. No.
1994-2; 1-8-1996 by Ord. No. 1996-2; 1-17-2000 by Ord. No.
2000-2; 1-18-2001 by Ord. No. 2001-2]
A.
Quarterly sewer rent.
(1)
The quarterly sewer rent for the collection and treatment of domestic
sewage or industrial sewage shall be calculated on the basis of the
number of gallons of metered water supplied per quarter to the property,
and the number of water user units on or in the property in accordance
with the following step schedule:
[Last amended 5-10-2023 by Ord. No. 2023-2]
(a)
Step 1. Calculation for the number of gallons of metered water
supplied per quarter to the property.
|
Gallons of Metered Water Supplied Per Quarter
|
Rate
| |
|---|---|---|
|
0
|
(A)
|
$97.35 flat rate (and the minimum rate payable)
|
|
Per 1,000
|
(B)
|
$97.35, plus $4.39 for each 1,000 gallons of water used, or
part thereof
|
|
Additional users
|
$97.35
|
(b)
The Step 2 calculation is set at $97.35.
(c)
Step 3. Quarterly sewer rent equals calculation in Step 1 plus calculation
in Step 2.
(2)
The rates set forth in Step 1 and Step 2 (which are increases in
the rates established by Ordinance No. 1987-2, which were increases
in the rates established by Ordinance 1980-4) were established on
December 26, 1990 by the Borough Council in accordance with the principles
of the "Sewer Rent Analysis Report" approved and adopted by the Borough
Council on August 18, 1980, and incorporated in and made a part of
this article as Appendix A.[1]
[1]
Editor's Note: The Report referred to as Appendix A is not
included in the Code but can be examined in the office of the Borough
Secretary.
(3)
The Sewer Rent Analysis Report was based on those principles for
determining sewer system user charges prescribed by the regulations
and guidelines issued by the United States Environmental Protection
Agency (EPA) and on what the empirical data developed by the Borough
and the engineering research undertaken by the Borough showed were
the reasonable charges to be imposed for the sewage collection service
afforded by the Borough's sewer collection system and the sewage treatment
service afforded by the Borough's sewage treatment plant, taking into
account, among other matters: the estimated annual operation and maintenance
expenses (including replacement costs) attributable to the Borough's
sewage treatment plant for the treatment of sewage generated in the
Borough; the annual amount required to repay the Borough's share of
the indebtedness incurred in the construction and improvement of the
sewage treatment plant; the estimated annual, operation and maintenance
expenses attributable to the Borough's sewer collection system for
the collection of sewage generated within the Borough; and the estimated
annual administration costs attributable to the business operations
and management of the Borough's sewer system.
C.
Except for those readings of water meters which are made by the Municipal
Authority and furnished to the Borough for purposes of calculating
the quarterly sewer rent, readings of water meters shall be made by
the Borough, or by a person designated or approved by the Borough,
not more than 10 business days prior to the close of the quarter for
which the quarterly sewer rent is to be calculated.
D.
Capital payments (industrial cost recovery payments for the discharge
of industrial sewage into the Borough's sewer system) are to be distinguished
from sewer rent and strength of waste surcharge.
(1)
The Borough requires that, as one of the conditions precedent to
the issuance by it of a certificate of approval to discharge industrial
sewage into a sanitary sewer, the owner of the activity or use which
will generate the industrial sewage, or the owner of the property
on which the activity or use will be located, shall agree to make
such capital payments as and when the same may be required by the
Borough or by any state or federal law or by any regulation or agency
order issued pursuant to such law. Such capital payments are most
commonly known as "industrial cost recovery payments" and most frequently
are prescribed by federal law and the implementing regulations or
agency orders issued by the United States Environmental Protection
Agency (EPA). Under certain circumstances, industrial cost recovery
payments may be prescribed for an activity or use which discharges
only sanitary sewage.
(2)
In cases where industrial cost recovery payments are imposed, the industrial cost recovery payments to be made are to be made in addition to the quarterly sewer rent prescribed by this § 192-17 and the quarterly strength of waste surcharge prescribed by § 192-18. Usually there is a written agreement (between the owner of the activity or use and the owner of the property on which the activity or use is located, as the first party, and the Borough, as the second party) which fixes a schedule for amortizing the industrial cost recovery payments and requires that the owner or obligor furnish surety, or collateral, as security for the payments. Such industrial cost recovery agreements fall within the scope and purpose of § 192-22.
[Amended 11-15-1983 by Ord. No. 83-6]
A.
In addition to the quarterly sewer rent imposed upon an owner of property under § 192-16 and calculated in accordance with § 192-17, there is hereby imposed upon the owner a quarterly strength of waste surcharge for the treatment by the Borough of domestic sewage or industrial sewage which is discharged from the property into a sanitary sewer of the Borough and which has a concentration greater than:
B.
The strength of waste surcharge shall be determined in accordance
with the following schedule:
(1)
Two one-thousandths (0.002) of the quarterly sewer rent multiplied
by the number of milligrams per liter by which the BOD/5 exceeds 250
milligrams per liter; plus
(2)
One one-thousandth (0.001) of the quarterly sewer rent multiplied
by the number of milligrams per liter by which the SS exceeds 250
milligrams per liter.
C.
Unless otherwise agreed between the Borough and the owner upon whom
the strength of waste surcharge is imposed, the strength of waste
data which are used for determining the average five-day biochemical
oxygen demand (BOD/5) and the suspended solids content (SS) shall
be established at least once each calendar year by the Borough in
any one of the following ways:
(1)
From tests conducted on twenty-four-hour composite samples and collected
at the sewage treatment plant, or collected at the site of the activity
or use which generates the sewage having the excess strengths, for
three consecutive days during a period when the activity or use generating
the excess strengths is in normal operation.
(a)
The costs of collecting the samples and conducting the tests
made by the Borough shall be borne by the owner upon whom the strength
of waste surcharge is imposed. However, the owner shall have the right
to verify any test made by the Borough, by concurrently and independently
testing a portion of any sample being tested by the Borough.
(b)
All samples shall be collected and all tests shall be conducted
by the Borough — and by the owner, if the owner wishes to verify
the Borough's tests — in accordance with the procedures prescribed
in the latest edition of "Standard Methods for the Examination of
Water and Wastewater" published jointly by the American Public Health
Association, the American Water Works Association and the Water Environmental
Federation.
(2)
From known relationships of the kind of sewage generated or the kind
of sewage produced to strength of waste — for those activities
or uses where the relationships have been established; or
(3)
From estimates made by the Borough.
D.
At the request of the Borough, the owner of a property which discharges, or which the Borough reasonably believes is discharging, sewage in a concentration described in Subsection A of this section shall furnish the Borough with such information as the Borough reasonably believes it requires in order to determine the existence of the concentration, the strength of the concentration, or the calculation of the surcharge. The costs of collecting such information shall be borne by the owner.
[Amended 11-15-1983 by Ord. No. 83-6]
A.
The determination of the number of gallons of metered water supplied per quarter to a property shall be the first step in calculating the quarterly sewer rent prescribed by § 192-17.
B.
Except as provided in § 192-21A and in Subsection C below, the following rules shall apply in determining what water is deemed to supply a property and how the volume of that water is to be measured for the purpose of making the Step 1 calculation prescribed by § 192-17:
(1)
Every water service line which enters the property shall be deemed
to be a water supply, irrespective of whether the actual supplier
of the water is the Municipal Authority, a private water company,
or the owner or occupant of the property, and irrespective of whether
the actual source of the water is the Municipal Authority's waterworks,
a private waterworks, a stream, a creek, a well, a cistern, or the
like.
C.
Exceptions to Subsection B.
(1)
A water service line which enters a property shall not be deemed to be a water supply which is required to be equipped with a water meter under Subsection B(2) if no part of the water from the water service line will ever reach, or be discharged into, a sanitary sewer of the Borough because the water is entirely consumed or used in the operations or processes of the activity or use located on the property.
(2)
In cases where a part of the water from those water service lines which are required to be equipped with water meters will never reach, or be discharged into, a sanitary sewer of the Borough because the water is partially consumed or used in the operations or processes of the activity or use located on the property, the volume of water to be measured for the purpose of making the Step 1 calculation prescribed by § 192-17 shall be: the sum of the readings from all the meters required under the provisions of Subsection B less the volume of the water which is partially consumed or used in the operations or processes of the activity or use. Unless otherwise agreed between the Borough and the owner of the property, the volume of water which is partially consumed or used in the operations or processes of an activity or use may be established by the Borough in any one of the following ways:
(a)
From readings of water meters which are installed by the owner
of the property or by the owner of the activity or use to measure
the volume of water which is partially consumed or used in the operations
or processes of the activity or use;
(b)
From the known relationship of the volume of water consumed
or used in the operations or processes of the activity or use to the
total volume of water supplied to the activity or use, in those activities
or uses where the relationship has been established by engineering
procedures or by accepted empirical data; or
(c)
From estimates made by the Borough.
A.
In the case where a water service line is required to be equipped with a water meter under the provisions of § 192-19B and the water service line is connected to a water main of the Municipal Authority, the Municipal Authority shall:
(1)
Determine the type and size of the water meter to be installed and
the location on the water service line where the meter is to be installed;
and
(2)
Furnish, install and set the meter at the expense of the owner of
the property or at the expense of the Authority, as the Authority
shall determine.
B.
Source of water other than Authority.
(1)
In the case where a water service line is required to be equipped with a water meter under the provisions of § 192-19B and the water service line is connected to some source of water supply other than a water main of the Municipal Authority, the Borough shall:
(2)
However, the Borough's obligation under this Subsection B to furnish and install a water meter at its expense shall be limited to one meter. If under the provisions of § 192-19B more than one meter is required for the property, the additional water meters shall be furnished, installed and set at the expense of the owner of the property.
C.
In the case where a water meter is to be installed under the provisions of § 192-19C(2) for the purpose of measuring the volume of water which is partially consumed or used in the operations or processes of an activity or use, the Borough shall determine the type and size of the water meter to be installed and the location where the meter is to be installed. The water meter, however, shall be furnished, installed and set at the expense of the owner of the property or the owner of the activity or use, as they may agree.
D.
A water meter furnished by the Municipal Authority shall at all times
remain the property of the Municipal Authority, and a water meter
furnished by the Borough shall at all times remain the property of
the Borough. If a water meter has been furnished by the Municipal
Authority or by the Borough, the owner of the property for which the
water meter was furnished shall be responsible for protecting the
meter from damage or theft. If the meter is damaged or stolen, the
costs of the labor and materials involved in repairing or replacing
the meter shall be paid by the owner of the property.
E.
If a water meter has been furnished by the owner of a property or
by the owner of an activity or use on the property, it shall be the
responsibility of that owner to keep the meter in accurate working
condition and bear the risk of damage or theft of the meter.
A.
In any case where a water service line is required to be equipped with a water meter under the provisions of § 192-19B and the owner of the property for which the water meter is required does not permit the Municipal Authority or the Borough, as the case may be, to install a water meter which it is the responsibility of the Authority or the Borough to install, or does not install a water meter which it is the responsibility of the owner to install, or does not have a malfunctioning water meter repaired, or does not replace a damaged or stolen water meter, the Borough (after taking into account the volume of water which was likely supplied to the property) may calculate such sewer rent under § 192-17 as it deems to be reasonable under the circumstances of the case.
B.
In any case where a water meter fails to register accurately, the Borough (after taking into account the volume of water which was likely supplied to the property) may calculate such sewer rent under § 192-17 as it deems to be reasonable under the circumstances of the case.
C.
It shall be the responsibility of the owner of a property to notify
the Municipal Authority and the Borough promptly of any malfunction,
damage or theft of a water meter on the property.
D.
Tests of water meters. Tests of water meters which are the property
of the Municipal Authority shall be made in accordance with the procedures,
and any applicable schedule of charges, prescribed by the Municipal
Authority's regulations. Tests of all other water meters shall be
made by a person designated or approved by the Borough, with any charges
for a test to be borne by the person requesting the test or ordered
to have the test made.
[Amended 11-15-1983 by Ord. No. 83-6; 3-24-1986 by Ord. No. 86-2]
Nothing in this article or in Article I of this chapter shall be deemed to prohibit the Borough from entering into, and the Borough hereby reserves the right to enter into, a separate agreement with any person with respect to sewer rent, strength of waste surcharge or any other matter governed by this article or Article I of this chapter in those cases where the making of the agreement is deemed by the Borough to be necessary or beneficial to the business operations of its sewer system and not to be contrary or detrimental to the public interest, in those cases where, due to capital contributions or capital payments made by the person, substantial, seasonal fluctuations in the volume of sewage discharged; substantial, seasonal fluctuations in the strength of the waste discharged; direct consumption of water in an activity or use; a substantial and demonstrable part of the water is not discharged into a sanitary sewer of the Borough, or other unusual circumstances, the literal or strict application of the standards or provisions of this article or Article I of this chapter would produce an inequitable result, which would thereby cause unnecessary or substantial hardship, but with the making of an agreement the spirit of this article or Article I of this chapter can be observed and substantial justice done.
A.
The quarterly sewer rent imposed upon the owner of a property under § 192-16, together with any quarterly strength of waste surcharge imposed upon the owner under § 192-18, shall be billed to the owner by the Borough after the close of the quarterly service period for the sewer service billing district in which the property is located.
B.
Reductions in rent.
(1)
In the case where, during a quarterly service period:
(a)
A property receives or installs its first water service line
or a property makes its first connection to a sanitary sewer of the
Borough;
(b)
A property discontinues its discharge of sewage to a sanitary
sewer of the Borough;
(c)
The water service or water supply for a property is discontinued
or terminated and, by necessary implication, no sewer service is provided
for the property; or
(d)
A lease, conveyance or other disposition or transfer results
in a new person becoming the one to whom bills for sewer rent are
to be rendered, the Borough may adjust the bill for sewer rent by
computing the bill on the basis of the following principles:
[1]
If 6,000 gallons or less of metered water were supplied to the property, the bill may be computed as: 1/3 or 2/3 of the flat rate minimum charge prescribed by Step 1(A) of § 192-17A, plus 1/3 or 2/3 of the Step 2 calculation of § 192-17A — the use of the fraction 1/3 or 2/3 to depend on whether sewer service was furnished for only one month or two months during the quarterly service period.
[2]
If 6,001 gallons or more of metered water were supplied to the property, the bill may be computed as: the rate determined under Steps 1 (A), (B) and (C) of § 192-17A, plus 1/3 or 2/3 of the Step 2 calculation of § 192-17A — the use of the fraction 1/3 or 2/3 to depend on whether sewer service was furnished for only one month or two months during the quarterly service period.
(2)
When sewer service is furnished for a property for 15 days or more
in a calendar month, such period of service (even though it is not
a full month) shall be deemed to be a full month of service for that
property.
[Amended 11-15-1983 by Ord. No. 83-6; 3-25-1991 by Ord. No. 91-4; 9-28-2009 by Ord. No. 2009-5]
At the written request of the owner and the tenant of a property
or where the terms of a written lease agreement expressly or impliedly
require the tenant to pay the sewer rent (and the strength of waste
surcharge, if applicable), the Borough, as a matter of accommodation,
may render its bills to the owner's tenant if the Borough Manager
determines that it is administratively convenient for the Borough
to do so. However, payment of the sewer rent (and the strength of
waste surcharge, if applicable) shall at all times remain the obligation
of the owner of the property, and for that obligation the owner shall
always be ultimately liable.
[Amended 11-15-1983 by Ord. No. 83-6; 3-25-1991 by Ord. No. 91-4]
A.
Except for a bill rendered to the United States, the Commonwealth
of Pennsylvania, a municipality, a municipal authority or a school
district, or any department or agency thereof, a bill shall be payable
at face within 20 days after the date the bill is mailed. If the bill
is not paid in full within the 20 days, it shall be delinquent and
a penalty of 10% of the face amount of the bill shall be added to
the amount unpaid.
B.
A bill rendered to the United States, the Commonwealth of Pennsylvania,
a municipality, a municipal authority or a school district, or any
department or agency thereof, shall be payable at face within 60 days
after the date the bill is mailed. If the bill is not paid in full
within the 60 days, it shall be delinquent and a penalty of 10% of
the face amount of the bill shall be added to the amount unpaid.
C.
If the last day when a bill is payable at face (the 20th or 60th
day after the date the bill is mailed, as the case may be) falls on
a Saturday, Sunday or holiday, the last day for paying the bill at
face (and thus avoiding the penalty for delinquency) shall be the
next succeeding business day.
D.
Timeliness of payments made by mail. A payment in the face amount
made by mail will be accepted at face, provided the envelope containing
the payment bears a postmark date which is within the period during
which the bill is payable at face.
E.
In the case where a bill is rendered to a tenant under the provisions of § 192-24 and the bill, together with the penalty for delinquency, is not paid by the tenant within five days after the bill becomes delinquent, a written notice shall be mailed to the owner stating that the owner is to make payment within 10 days after the date of the notice.
F.
Actions to collect.
(1)
If a bill, together with the penalty for delinquency, is not paid in full within 35 days after the bill becomes delinquent — or within 35 days after the date by which the owner was to make payment, if the case is one which is within the scope of Subsection E above — the Borough may:
(2)
Sewer service shall be resumed by the Borough only upon payment in
full to the Borough of all delinquent bills; all penalties for delinquency;
all costs and expenses incurred by the Borough in shutting off the
water supply or having the Municipal Authority shut off the water
supply; all interest, fees and court costs attributable to a judgment
obtained in an action in assumpsit or to a claim filed as a municipal
lien; and a ten-dollar administrative charge for resumption of sewer
service.
A.
It is the responsibility of the owner of a property to notify the
Borough of the address to which bills to the owner are to be mailed
and any change in that address. In the absence of a current mailing
address for the owner, the Borough may use the last known address
shown in the records of the Borough Secretary or the Borough Tax Collector.
B.
Failure to receive a bill shall not be considered an excuse for nonpayment
or a reason to abate any penalty or extend the time during which the
bill is payable at face.
A.
The Borough Manager, the Borough Secretary, the Borough Building
Codes, Property Codes and Zoning Code Department, and any other persons
designated by the Borough Council as its duly authorized agents are
hereby authorized, upon presenting proper identification, to enter
any property for the purposes of:
(1)
Reading those water meters which establish the basis for calculating the quarterly sewer rent prescribed by § 192-17.
(2)
Inspecting those water meters and, except for water meters which
are the property of the Municipal Authority, testing those water meters.
(3)
Obtaining information necessary for determining the number of water
user units on or in the property.
(4)
Inspecting and collecting samples which establish the basis for calculating the strength of waste surcharge prescribed by § 192-18.
(5)
Making any other inspection or test, or obtaining any other information,
which the Borough deems necessary be made or obtained in order to
ensure that compliance is had with the provisions, standards and schedules
of this article.
B.
When entering a property for a purpose set forth in Subsection A(2), (3), (4) or (5), as distinguished from entering the property for the mere purpose of reading a meter, the Borough staff member or agent shall follow the procedures set forth in § 110-7C and D of Chapter 110, Article I, Building, Plumbing, Electrical and Property Maintenance Codes.
In the interpretation of the provisions, standards and schedules
of this article, the provisions, standards and schedules shall be
held to be the minimum provisions, standards and schedules necessary
for ensuring that each property in the Borough which is served by
the Borough's sewer system pays a fair, proportionate share of the
capital, operational and maintenance costs incurred by the Borough
in owning and operating its sewer system; ensuring that the fiscal
operations of the Borough's sewer system are put on a prudent, nonprofit
business basis; and ensuring that the public interest and welfare
are promoted by providing an essential public health service at a
reasonable and affordable charge.
This article shall take effect on October 1, 1980, and the first quarterly service period for which the quarterly sewer rent prescribed by § 192-17 and the quarterly strength of waste surcharge prescribed by § 192-18 shall be imposed shall be the quarterly service period from October 1 to December 31, 1980.
