[Adopted 4-7-1960 by Ord. No. 163 (Ch. 17, Part 2, of the
1973 Code of Ordinances)]
[Amended 6-3-1971 by Ord. No. 285]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
The Borough of Kenhorst Municipal Authority, a municipality
authority of the Commonwealth of Pennsylvania.
Includes, as applicable, each of the following: a "domestic
consumer unit," a "commercial establishment," an "industrial establishment"
and an "institutional establishment."
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure for five days
at 20° C., expressed in parts per million by weight.
The Borough of Kenhorst, Berks County, Pennsylvania, a municipal
corporation of the Commonwealth of Pennsylvania, acting by and through
its Council, or, in appropriate cases, acting by and through its authorized
representatives.
Each room, group of rooms or enclosure connected directly or indirectly to the sewer system and used or intended for use in the operation of one business enterprise for the sale and distribution of any product, commodity, article or service. Excluding therefrom permissible home occupation units as defined by Chapter 475, Zoning. For the definition of a "home occupation," Chapter 475, Zoning, is hereby incorporated by reference.
The group of elected officials acting as the governing body
of the Borough.
Each room, group of rooms or enclosure connected directly
or indirectly to the sewer system and occupied or intended for occupancy
as separate living quarters by a family or other group of persons
living together or by a person living alone.
The normal water-carried household and toilet wastes discharges
into the sewer system from a domestic consumer unit, commercial establishment,
industrial establishment and institutional establishment.
Solid wastes, resulting from preparation, cooking and dispensing
of food and from handling, storage and sale of produce.
Any property located within the Borough upon which there
is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
domestic sewage and/or industrial wastes shall be or may be discharged.
Any room, group of rooms or enclosure connected directly or indirectly to the sewer system and used or intended for use in the operation of one business enterprise for manufacturing, processing, cleaning, laundering or assembling any product, commodity or article. Excluding therefrom permissible home occupation units as defined by Chapter 475, Zoning. For the definition of a "home occupation," Chapter 475, Zoning, is hereby incorporated by reference.
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 domestic sewage.
Any room, group of rooms or enclosure connected directly or indirectly to the sewer system which does not constitute a commercial establishment, a domestic consumer unit or an industrial establishment. Excluding therefrom permissible home occupation units as defined by Chapter 475, Zoning. For the definition of a "home occupation," Chapter 475, Zoning, is hereby incorporated by reference.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located within the Borough.
Any individual, firm, partnership, company, association,
society, corporation or other group or entity.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution, and is an indication of acidity
or alkalinity of a solution.
Parts per million.
Garbage that has been shredded to such a degree that all
its particles will be carried freely under normal sewer flow conditions,
with no particle greater than 1/2 inch in any dimension.
Any pipe or conduit constituting a part of the sewer system
used or usable for sewage collection purposes.
All facilities, as of any particular time, for collecting,
pumping, treating and disposing of domestic sewage and industrial
wastes, situate in or adjacent to the Borough, owned by the Authority
and leased to the Borough for operation and use in collecting and
disposing of domestic sewage and industrial wastes.
Solids that either float on the surface of or are in suspension
or dissolved in water, sewage or other liquids and which shall be
determined by laboratory analysis.
Any poisonous substance, including copper, cyanide and chromium
ions.
Annual sewer rentals or charges for use of the sewer system
hereby are fixed and imposed upon and shall be collected from the
owner of each improved property located within the Borough which shall
be connected to the sewer system whether such use of the sewer system
or the connection thereto or the benefit resulting from such use or
connection shall be direct or indirect.
A.
Such sewer rentals or charges shall commence and shall be effective
on the date of connection of such improved property to the sewer system
or on the date when the Borough first shall be capable of accepting
domestic sewage and industrial wastes from such improved property
for transportation and treatment, whichever date last shall occur.
B.
Such sewer rentals or charges shall be payable quarterly as hereinafter
in this article provided.
C.
Each billing unit located in one building or on one improved property
shall be billed and considered as a separate billing unit, irrespective
of the fact that each such room, group of rooms or enclosure in such
building or on such improved property shall be owned by the same person
and irrespective of the fact that each such billing unit is not connected
separately and independently with the sewer system.
[Amended 12-17-1970 by Ord. No. 282; 1-6-1972 by Ord. No. 287; 1-5-1984 by Ord. No. 373; 6-6-1985 by Ord. No. 380; 8-6-1987 by Ord. No.
395; 1-4-1968 by Ord. No. 398; 2-1-1990 by Ord. No. 409; 3-7-1991 by Ord. No. 420; 2-4-1993 by Ord. No. 425; 5-7-1998 by Ord. No.
446; 12-7-2006 by Ord. No. 513; 12-6-2007 by Ord. No. 518]
A.
Basic sewer rentals or charges.
[Amended 6-2-2011 by Ord. No. 533; 12-6-2012 by Ord. No. 553; 12-5-2013 by Ord. No. 558; 12-3-2015 by Ord. No. 573[1]]
(1)
Except as otherwise provided in this article, sewer rentals and charges
for domestic sewage and industrial wastes discharged into the sewer
system from any improved property shall be based upon the volume of
metered water usage, adjusted if appropriate, as provided in this
article, or upon the actual metered volume of discharge into the sewer
system of such domestic sewage and industrial wastes, as applicable
and permitted in this article.
(2)
Such sewer rentals or charges shall be computed in accordance with
the following rate schedule; subject, however, to the minimum sewer
rental or charge provided in this article:
|
Rate Schedule
| ||
|---|---|---|
|
Consumption of Water or Discharge of Domestic Sewage and
Industrial Wastes into the Sewer System, as applicable, in Gallons
Per Quarter
|
Rate Per Quarter
| |
|
First 12,500 gallons or less each quarter of each calendar year
|
$105
| |
|
In excess of 12,500 gallons each quarter of each calendar year
|
$0.0084 (per gallon)
| |
(3)
Notwithstanding the foregoing rate schedule, the minimum sewer rental
or charge shall be $105 per billing unit per quarterly billing period
during each quarter of each calendar year, which minimum sewer rental
or charge shall include the first 12,500 gallons of water consumption
or discharge of domestic sewage and industrial wastes into the sewer
system as applicable per billing unit per quarterly billing period.
[1]
Editor's Note: This ordinance provided that it shall become
effective for the quarter beginning 1-1-2016 and thereafter.
B.
Additional sewer rentals or charges for industrial wastes. Industrial wastes may be stronger and more difficult to treat than domestic sewage. Therefore, a sewer rental or charge, in addition to the basic sewer rental or charge provided in Subsection A of this section, shall be made in accordance with the following formula:
|
F = 1 + R (S1 Sa)
|
(B1 Ba)
| |
|
Sa
|
Ba
|
|
Where:
| ||||
|
F
|
=
|
Factor to be applied to basic rate
| ||
|
R
|
=
|
Ratio of annual extra cost of treatment to the total annual
cost of treatment
| ||
|
S1
|
=
|
Total solids of industrial wastes (suspended solids plus dissolved
solids) from the particular improved property in ppm
| ||
|
Sa
|
=
|
Average total solids of domestic sewage (800 ppm)
| ||
|
B1
|
=
|
BOD of industrial wastes from the particular improved property
in ppm
| ||
|
Ba
|
=
|
Average BOD of domestic sewage (200 ppm)
| ||
A.
Sewer rentals or charges imposed by this article shall be payable
quarterly.
B.
All bills with respect to billing units shall be rendered each calendar
quarter on the first days of January, April, July and October of each
year for service during the preceding quarter annum.
C.
All bills shall be due and payable without penalty one day after
mailing or delivery by or in behalf of the Borough to the person responsible
for payment thereof. If quarterly bills shall not be paid within 30
days after such shall become due and payable, a penalty of 10% shall
be added. Payments mailed and postmarked on or before such 30th day
shall be deemed to be payments within the period allowed for payment
without penalty. If such 30th day shall be a legal holiday or a Sunday,
payments made on or mailed and postmarked on the next succeeding business
day not a legal holiday shall be deemed to be payments within the
period allowed for payment without penalty.
D.
Whenever service to any billing unit shall begin after the first
day or shall terminate before the last day of any calendar quarter,
the sewer rental or charge for such period shall be prorated equitably
for that portion of the calendar quarter during which service was
provided by the Borough.
E.
Every owner of improved property which is connected to the sewer
system initially shall provide the Borough with and thereafter shall
keep the Borough advised of his correct address. 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 such bill shall
be payable without penalty.
The sewer rentals or charges hereby imposed shall be a lien on the improved property connected to and served by the sewer system from the date such sewer rental or charge becomes due and payable under provisions of this article. All sewer rentals or charges hereby imposed which shall not be paid after 30 days, as provided in § 373-10 of this article, shall be entered as a lien against the improved property so connected to and served by the sewer system, which lien shall be filed in the office of the Prothonotary of Berks County, Pennsylvania, in the manner provided by law for the filing of municipal claims. All delinquent bills shall be collected by the Borough in any manner permitted and authorized by law.
When any person shall connect to the sewer system any room,
group of rooms or enclosure constituting a domestic consumer unit,
a commercial establishment, an industrial establishment or an institutional
establishment, such person, at his own expense, shall have installed,
if such then shall not be installed, a water meter or meters, or a
sewer meter or meters, as shall be required or permitted under terms
of this article for the purpose of making possible the determination
of sewer rentals or charges under provisions of this article.
A.
Methods of measuring volume of industrial wastes.
(1)
Whenever a person purchasing all water used from a municipal source
shall discharge only industrial wastes into the sewer system, the
volume of water purchased shall be used as a measure of the quantity
of industrial wastes so discharged.
(2)
Whenever a person purchasing all water used from a municipal source
shall discharge combined domestic sewage and industrial wastes into
the sewer system, the volume of water purchased chargeable as industrial
wastes shall be the total volume of water purchased, less the volume
of water determined to be domestic sewage. The volume of water determined
to be domestic sewage shall be determined, at the option of the Borough,
in either of the following ways:
(3)
Whenever a person purchasing all water used from a municipal source
and discharging industrial wastes into the sewer system also shall
discharge unpolluted cooling water either to a separate storm sewer
or to some other outlet, an allowance in the nature of a credit for
the volume of water so otherwise discharged shall be made in computing
the sewer rentals or charges. The person so discharging cooling water
shall install a meter or meters, as necessary, at his own expense,
to measure accurately the volume of water claimed as such credit in
order to permit the Borough to determine such allowance.
(4)
Whenever a person using a private water supply shall discharge industrial wastes into the sewer system, such person shall install, at his own expense, either a water meter or meters on the source or sources of supply, as may be required to measure the total volume of water used, which total volume of water used shall be subject to adjustment as provided in Subsections A(2) and (3) of this section, or a sewer meter or meters to measure the entire volume of domestic sewage and/or industrial wastes discharged into the sewer system, which volume shall be subject to adjustment as provided in Subsection A(2) of this section.
B.
Measurement of concentration of industrial wastes.
(1)
Either the Borough or the owner of any room, group of rooms or enclosure constituting an industrial establishment from which industrial wastes are discharged may request the collection and analysis of samples of industrial wastes for use as a basis of determining additional sewer rentals or charges as provided in Subsection B of § 373-3 of this article. Such collection and analysis shall be made by a competent registered engineer acceptable to and approved by the Borough. Costs of such collection and analysis shall be paid by the party requesting the same.
(2)
The analysis of samples obtained shall be made in accordance with
the latest edition of the "Standard Methods for the Examination of
Water and Sewage," as published by the American Public Health Association.
C.
Control manholes. When required by Borough, the owner of any room,
group of rooms or enclosure constituting an industrial establishment
from which industrial wastes are discharged into the sewer system
shall install a suitable control manhole in the sewer service line
serving such industrial establishment in order to facilitate observation,
sampling and measurement of such industrial wastes. Such manhole,
when required, shall be accessible, shall be so located and shall
be constructed in accordance with plans approved by the Borough. The
manhole shall be installed by such owner, at his own expense, and
shall be maintained by such owner so as to be safe and accessible
at all times.
D.
Changes in type of industrial wastes. If the owner of any room, group
of rooms or enclosure constituting an industrial establishment from
which industrial wastes are discharged into the sewer system shall
propose to change methods of operation so as to alter the type of
industrial wastes then being discharged into the sewer system, such
owner shall notify the Borough, in writing, at least 10 days prior
to such change, so that the Borough may sample the industrial wastes
immediately after such change takes place in order to make the determinations
provided for or required by this article.
E.
Exclusion from the sewer system of certain water. Exclusion from
the sewer system of non-contaminated wastewaters and waters used solely
for cooling purposes may be required by the Borough or such exclusion
may be optional on the part of any person if not required by the Borough.
F.
Reservation of rights by Borough. No provision of this article shall
be construed as preventing any special arrangement or agreement between
the Borough and any person whereby industrial wastes of unusual strength
or character may be accepted into the sewer system, subject to equitable
payment in connection therewith by the person concerned.
A.
No person shall discharge or cause to be discharged into any sewer
any stormwater, surface water, groundwater, roof runoff or subsurface
drainage.
B.
No person shall discharge or cause to be discharged into the sewer
system any of the following described wastes or waters:
(1)
Any liquid or vapor having a temperature higher than 150° F.;
(2)
Any water or waste containing more than 100 ppm by weight of fat,
oil or grease;
(3)
Any gasoline, benzine, naptha, fuel oil or other inflammable or explosive
liquid, solid or gas;
(4)
Any garbage, except properly shredded garbage;
(5)
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, paunch manure or any other solid or
viscous substance capable of causing obstruction or other interference
with the proper operation of the sewage treatment plant where such
wastes are to be treated;
(6)
Any water or waste having a pH (as determined by the consulting engineers
of the Borough) lower than 4.5 or higher than 9.0 or containing any
other corrosive property capable of causing damage or hazard to structures,
equipment or personnel of the aforesaid sewage treatment plant;
(7)
Any water or waste containing any toxic substance in sufficient quantity
to injure or interfere with any sewage treatment process, or to constitute
a hazard to humans or animals, or to create any hazard in the receiving
water of the aforesaid sewage treatment plant;
(8)
Any water or waste containing total solids of such character and
quantity that unusual attention or expense is required to handle such
materials for sewage treatment processes; or
(9)
Any noxious or malodorous gas or substance capable of creating a
public nuisance or a hazard to life or of preventing entry into any
sewer for maintenance and repair; unless otherwise permitted, authorized
or approved by the Borough and the Commonwealth of Pennsylvania or
any duly constituted board, commission or department thereof having
jurisdiction in the premises.
A.
Industrial establishments shall install fine screens to remove husks,
hulls, vegetable skins, peelings, threads, lint, grease and other
such non-settleable and floating solids, or other organic or inorganic
substances determined by the Borough to overload, impair the efficiency
of or cause difficulties in operation of the sewage treatment plant
used to treat and dispose of the wastes or in maintaining required
quality of treatment plant effluent.
B.
Any improved property discharging 50,000 gallons or more of domestic
sewage and/or industrial wastes per day into the sewer system and
having large variations in the rate of discharge of such within a
twenty-four-hour period shall install suitable holding tanks for equalizing
the rate of discharge uniformly over the entire twenty-four-hour period.
The average rate of discharge during any twenty-four-hour period shall
not be exceeded by more than 50% at any time during such twenty-four-hour
period.
The Borough reserves the right to refuse to any person the privilege
of connection of any improved property to the sewer system, or to
compel the discontinuance of use of a sewer and the sewer system,
by any person, or to compel the pretreatment of any industrial wastes,
in order to prevent discharges into the sewer system of any wastes
deemed to be harmful to the sewer system or to have a deleterious
effect on sewage treatment processes.
Representatives of the Borough shall have access at all times
to any improved property which shall be connected to the sewer system
and to any meters used for purposes of establishing or determining
water consumption, water excluded from the sewer system or domestic
sewage or industrial wastes discharged to the sewer system for the
purpose of inspection, observation, measurement, sampling and testing
in accordance with provisions of this article.
A.
The Borough reserves the right to adopt and promulgate and, from
time to time, the Borough may adopt and promulgate, as it shall deem
necessary, additional classifications and sewer rentals or charges,
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,
shall become and shall be construed as a part of this article.
B.
The Borough reserves the right to adopt and promulgate and, from
time to time, the Borough may adopt and promulgate such additional
rules and regulations as it shall deem necessary and proper for the
use and operation of the sewer system, which rules and regulations
shall be, shall become and shall be construed as a part of this article.
