[Adopted 3-9-1999 by Ord. No. 99-8; amended in its entirety 12-18-2018 by Ord. No. 2018-14]
This Article shall be titled and known as the "Millcreek Township
Sewer Rental Ordinance."
A.
Words and terms used in this Article and not given specific definition
shall be defined as set forth in applicable statutes of the Commonwealth
of Pennsylvania or ordinances of Millcreek Township, if any, and shall
otherwise be given their ordinary and common meaning.
B.
AGENT
BOD (BIOCHEMICAL OXYGEN DEMAND)
CITY OF ERIE SEWER SYSTEM
CONSULTING ENGINEER
EQUIVALENT DOMESTIC UNIT (EDU)
EXTRAORDINARY WASTES
INDUSTRIAL USER
(1)
(2)
INDUSTRIAL WASTE
OPERATION AND MAINTENANCE
ORDINARY WASTES
OWNER
RENTAL, RATES AND CHARGES
REPLACEMENT
SEWAGE
SEWER
SEWER SYSTEM
SIGNIFICANT INDUSTRIAL USER
STANDARD LABORATORY PROCEDURE
SUSPENDED SOLIDS
TOWNSHIP
TOWNSHIP ENGINEER
TOWNSHIP SEWER SYSTEM
USER
For purposes of this Article, the following words and terms shall
be defined as set forth below:
A third-party in contract with the Township who is authorized
to bill and collect the Millcreek Township sewer rentals, rates and
charges.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C. expressed in milligrams per liter.
Generally, the collection, transportation and wastewater
treatment system and facilities for sanitary sewage owned and maintained
by the City of Erie which receives sewage from the Township.
The registered Pennsylvania professional engineer retained
by Millcreek Township for any specific or general purpose, including
any member of his or her staff.
The base unit of usage of the sanitary sewer system for purposes
of measuring use and assessing rentals, rates and charges; shall be
deemed to be 70,000 gallons of water consumption or of normal domestic
waste discharged to the Township sewer system annually or any portion
thereof.
All other wastes which do not qualify as ordinary waste.
Any nongovernmental user of the Township sewer system identified
in the Standard Industrial Classification Manual, Office of Management
and Budget, as amended and supplemented, under the following divisions:
A user in the divisions listed is excluded if it discharges
primarily aggregated domestic wastes or wastes from sanitary conveniences.
Shall be deemed to include any liquid, gaseous, radioactive,
solid or other substance, not ordinary waste or sewage, but including
discharges from pretreatment facilities and/or those resulting from
any manufacturer or industry or from any establishment, including
those recovering or processing natural resources. Shall include all
such substances, whether or not generally characterized as waste.
The associated costs of utilities and energy, manpower, materials,
transportation, chemicals and services required to collect, pump and
transport sewage, keep equipment and facilities functioning satisfactorily
and economically, and administer the system, and shall include sums
paid to defray costs of the City of Erie's wastewater treatment plant
and facilities and those of improvements to the Township system.
Wastes composed of less than 350 milligrams per liter of
suspended solids and/or 300 milligrams per liter BOD, and shall not
contain any additional characteristics or pollutants which, in the
opinion of the Township, cause the subject sewage to be unacceptable
as "ordinary waste."
Any person, firm, corporation, individual, partnership, company,
association, society or group owning real property which is connected
to or discharges sewage into the Township sewer system.
Sums assessed, imposed and to be collected from each lot,
parcel, building or portion thereof which is connected with the Township
sewer system or which discharges sanitary sewage, industrial wastes,
water or other liquids, directly or indirectly, into the Township
sewer system for the use of and the service rendered by the sewer
system, including operation, maintenance, inspection, repair, replacement
and improvement of such system, administrative costs incident to the
operation and maintenance of said system, other expenses, such as
depreciation and amortization of any indebtedness incurred or nondebt
revenue bonds issued, and including a 10% margin of safety, and receipt,
collection, treatment and disposal of sewage by the City of Erie Sewer
System pursuant to agreements with it.
The associated costs of obtaining and installing equipment,
accessories or appurtenances which are necessary during the service
life of the Township sewer system so as to maintain the capacity and
performance for which said system was designed and constructed; shall
include costs associated with improvements to the sewer system.
Liquid-carried waste products from whatever source or origin,
with such amounts of groundwater or infiltration which may be present.
A pipe or other conduit carrying sewage, industrial waste
or other waste liquids.
The system of pipes, conduits, lift stations, force mains
and all devices, appliances and facilities appurtenant thereto used
for collecting, conducting, pumping and/or treating sewage; also referred
to as the "sanitary sewer system."
Any industrial user discharging sewage to the Township system
which flow constitutes greater than 10% of the design flow or constitutes
a pollutant load in excess of 10% of the design pollutant load.
The procedure described in the latest edition of Standard
Methods for the Examination of Water and Wastewater.
Solids that either float on the surface or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering in accordance with standard laboratory procedure and expressed
in milligrams per liter.
The Township of Millcreek, Erie County, Pennsylvania.
The engineer employed by Millcreek Township or any authorized
member of his or her staff.
The public sewers and sewage collection and transportation
system as it exists at the time of enactment of this Article, including
all additions and/or extensions thereof which in the future may be
made to the sewers and/or facilities.
Any person, firm, corporation, individual, partnership, company,
association, society or group discharging sewage into the Township
sewer system.
For the use of and the services rendered by said sewer system,
including its operation, maintenance, inspection, repair, replacement
and improvement of said system, administrative costs incident to operation
and maintenance of the system, sums paid and due to the City of Erie
Sewer System for collection, transportation, treatment and disposal
of sewage and improvements to its system and diverse other expenses,
such as depreciation and amortization of any indebtedness incurred
or non-debt revenue bonds issued, and including a 10% margin of safety,
quarter-annual rates and charges are hereby imposed upon each and
every lot, parcel of land, building or portion thereof that is connected
with the Township sanitary sewer system or discharges sanitary sewage,
industrial wastes, water or other liquids, either directly or indirectly,
into the sewer system and thence into the sewers and sewage treatment
facilities of the City of Erie Sewer System, and upon the owner(s)
of such lots, parcels of land or buildings. Such rental, rates and
charges shall be payable to the Township by and collected from the
owners of such lots, parcels of land or buildings as hereinafter provided,
and shall be determined as set forth below.
A.
Rental for discharge of normal domestic waste. Sewer rental, rates
and charges for users discharging normal domestic waste shall be based
upon equivalent domestic units (EDU) of water usage, which for the
purpose of establishing such rental, rates and charges shall be deemed
to be 70,000 gallons of water consumption annually. Each EDU of water
usage shall constitute one equivalent domestic unit (EDU) of sewer
usage, and shall be charged for one EDU of sewer usage. Fractional
amounts shall be charged and assessed at the next greater full number
of equivalent domestic units.
(1)
Single-family residential dwellings and all other residential units
such as apartments, mobile homes, condominium units, independent or
assisted-living facilities, duplexes and other multiunit residential
dwellings shall be charged for one equivalent domestic unit (EDU)
of sewer use for each individual residential unit.
(2)
All nonresidential uses whose public water consumption is metered
shall be charged for the number of equivalent domestic units of usage,
obtained by dividing the total annual gallons of water consumption
by 70,000 gallons. The basis for determining the number of equivalent
domestic units of water used shall be the report of such water usage
during the most recent quarter or period as received by the Department
prior to the first day of the month preceding the assessment date
from any public or private utility or water authority which furnishes
water to such lot, parcel, building or portion thereof. Where a lot,
parcel or building is divided into more than one use or user connected
to or discharging sewage into the sewer system, each unit or user
so connected to or discharging sewage into the sewer system shall
constitute a separate user.
(3)
Where there is no public water service or where there is no available
or acceptable water consumption record for a nonresidential use, or
where, in the opinion of the Township, it is impossible or impracticable
to calculate and assess sewer rental, rates or charges on a water
consumption basis, the Township Engineer shall determine what constitutes
a reasonable, fair and proportionate charge by means of the following:
(a)
Hotels and motels shall be charged for one equivalent domestic
unit of sewer usage for each two hotel or motel rooms.
(b)
Schools shall be charged for 2 1/2 equivalent domestic
units of sewer usage for each school classroom.
(c)
Hospitals and nursing homes (not including independent or assisted-living
facilities) shall be charged at a rate of 250 gallons per day for
each hospital or nursing home bed.
(d)
Commercial and industrial establishments shall be charged at
a rate of 40 gallons per workday shift per employee multiplied by
the number of shifts per day and averaged over a calendar year.
B.
Rental for discharge of extraordinary waste. Sewer rental, rates and charges for users generating extraordinary waste shall be based upon equivalent domestic units (EDU) of normal domestic waste. One EDU of sewer use shall be deemed to equal either 70,000 gallons of water consumption per year or 70,000 gallons of normal domestic waste per year discharged into the Township sewer system. The discharge of, and the rental, rates and charges assessed and imposed for extraordinary waste shall be in accordance with Article V, Industrial Waste, of this chapter, as thereafter amended.
C.
Minimum rental assessment. No lot, parcel, building, unit or user
shall be charged for less than one equivalent domestic unit (EDU)
of sewer usage.
D.
Assessment following issuance of permit to connect.
(1)
When a permit to connect to the sanitary sewer system has been issued,
sewer rental, rates and charges shall be assessed and imposed upon
a lot, parcel, building or portion thereof for use of or discharge
of sewage into the sewer system effective as of the first day of the
calendar quarter next following:
(a)
For new construction: 120 days after the date on which the initial
inspection of sanitary sewer inspections is made upon timely request
therefor;
(b)
For an existing building or structure: the date on which a permit
to connect to the sewer system has been issued;
(c)
The date on which a water meter is installed;
(d)
One hundred twenty days after the date on which a permit to
connect to the water system is made; or
(e)
Sixty days after the date of an official notice to connect to
the sewer system is issued, whichever of the foregoing first occurs.
(2)
In the event a property should connect to the sewer system without
first applying for and obtaining a permit to connect to the sewer
system, sewer rental, rates and charges shall be assessed and imposed
from the date of such connection as subsequently determined by the
Township or as of the first day of the calendar quarter next following
the 120th day after issuance of any building permit found by the Township
to be related to such connection, whichever the Township should determine
to have first occurred.
E.
Assessment following directive to connect. Sewer rental, rates and
charges shall be assessed and imposed upon a lot, parcel, building
or portion thereof for use of or discharge of sewage into the sewer
system effective the first day of the calendar quarter next following
the date of a directive by the Township that an owner or occupant
of property connect to the sewer system.
F.
No credits for vacancies less than six months. As the principal costs
of the sewer system are fixed, no credit shall be allowed for vacancy
of any lot, parcel, building or portion thereof for less than six
consecutive months, and no credit shall be allowed unless evidence
that water service to such lot, parcel, building or portion thereof
was shut off during the entire period of the vacancy is provided and
the bill is kept current. No credits are available when water service
has been terminated due to nonpayment.
G.
Uniform application of rental, rates and charges. Rental, rates and
charges shall be assessed, imposed, liened and collected uniformly
as to all owners, lots, parcels, buildings, units and users.
H.
Rental, rates and charges imposed and assessed. In accordance with
53 P.S. § 67511(a) of the Second Class Township Code, the
rental, rates and charges for the services rendered by the Township
sewer system shall be fixed by resolution adopted by the Board of
Supervisors.
[Amended 4-27-2023 by Ord. No. 2023-3]
I.
Township subject to rental, rates and charges. For the services rendered
to it by its own use of and discharge into the sewer system, Millcreek
Township shall be subject to the same rental, rates and charges as
above provided.
J.
Review of rental rates and charges. The Township's Board of Supervisors
shall review the rates and charges established in this Article at
least annually to determine if each recipient of benefits of the sewer
system within the Township is paying his, her or its proportionate
share of the costs of operation and maintenance, including but not
limited to repair, replacement, improvement and administration of
the system and of costs paid to the City of Erie Sewer System for
its receipt, transportation and treatment of sewage. If in the course
of this annual review it is determined that a new rate structure is
required in order to ensure that the sewer system is properly funded
and that each recipient of benefit of the sewer system pays his, her
or its proportionate share of the costs of operation, maintenance,
repair, replacement, improvement, administration and other services,
the Board of Supervisors shall have authority to develop and enact
such a new rate structure. The Township shall maintain records of
all billing calculations, actual billings and receipts, and such other
information as it deems appropriate and/or which is required to document
compliance with federal and state regulations.
K.
Alternative calculation authorized. In the event any owner or user
discharging sewage into the sewer system can demonstrate to the satisfaction
of the Township that a portion of the water used does not and cannot
enter the sewer system, the Township may determine by a reasonable
and accurate method the amount of water used or the percentage of
water entering the sewer system which should be chargeable to such
owner or user. Such amount or percentage, when so determined by the
Township, shall constitute the basis of sewer rental, rates and charges,
provided that the owner may install additional meters at the expense
of the owner or other interested party in such manner as is necessary
to determine the quantity of water actually entering the sewer system,
in which event the quantity of water used to determine the sewer rental,
rate or charge shall be the quantity of water entering the sewer system
as so determined.
L.
"User" and "owner" distinguished. References in this Article to "use,"
"user," "unit" or portion of a lot, parcel or building with respect
to the calculation and assessment of sewer rental, rates and charges
shall not be construed to modify or alter the fact that sewer rental,
rates and charges shall be assessed and imposed upon the lot, parcel
or building served by the sewer system pursuant to 53 P.S. § 7106
et seq., as may in the future be amended, and the owner of each lot,
parcel, building or portion thereof against which sewer rental, rates
and charges are imposed and assessed under this Article shall be and
remain liable for payment of the same, whether or not such owner occupies
the property or directly uses the sewer system. Nothing in this Article
shall be construed to prohibit or limit an owner's ability to collect
by lease or contract sums due by a tenant or other occupier of the
owner's property, but such lease or contract shall not bind the Township
or limit in any way the Township's authority to impose, assess, lien
and collect sewer rental, rates and charges.
The rental, rates and charges fixed and established by this
Article shall be effective as to all lots, parcels, buildings or portions
thereof served by the Township sewer system existing as of the effective
date of this Article, and shall be effective to all other lots, parcels,
buildings or portions thereof so served subsequent to the effective
date of this Article.
A.
Billing and collection by Township or its agent. Rental, rates and
charges imposed by this Article shall be assessed and billed by the
Township or its agent effective as of the first day of each calendar
quarter beginning in January or on such other quarterly basis as the
Board of Supervisors or its designee shall authorize. A bill shall
be prepared and mailed by the Township or its agent within the quarter
for that calendar quarter billing period to the owner of each premises
served by the Township sewer system. Such assessments shall be payable
at their face amount during the 30 days next following the date on
which said assessment bill was mailed.
B.
Late payment penalty. Effective on the first day of the calendar
month next following an assessment billing, a penalty of 5% of the
rental, rates or charges assessed for that calendar quarter and not
paid within the calendar month of the assessment shall be added for
nonpayment within the time allowed.
C.
Interest on unpaid rental, rates and charges. Interest at the rate
of 10% per year from the first day of the calendar month next following
that month in which sewer rental, rates and charges were assessed
and billed shall accrue and be added to all original amounts of sewer
rental, rates and charges remaining unpaid at the end of the calendar
month in which the same were first imposed and assessed, and shall
continue to accrue until the full amount of such rental, rates and
charges is paid in full.
D.
"Bad check" fees. The Township shall assess and impose such fee as
is then authorized by applicable ordinances and resolutions for any
check(s) or drafts(s) tendered to it which are returned without payment
for nonsufficient funds or any other reason, such fees to be added
to the sewer rental account as another charge. The "bad check fee"
imposed shall be in the sum of $30 per returned item, and this fee
may in the future be modified by ordinance enacted or resolution adopted
by the Board of Supervisors.
E.
Collection fees. The Township shall have the right to charge a fee
equal to 25% of the unpaid balance of any sewer rental bill or account
if said bill or account is referred by the Township to a collection
agency retained by Township for collection of delinquent accounts.
F.
Rental, rates and charges constitute lien on property served. In
accordance with the Municipal Claims Act, 53 P.S. § 7101
et seq., all rental, rates, charges, penalties, interest, collection
fees, lien filing and satisfaction fees and other charges imposed
for failure to pay promptly shall constitute a lien upon and against
the subject property and its owner from the date of their imposition
and assessment.
G.
Liens to be filed in court. Liens for unpaid sewer rental, rates
and charges shall be filed by the Township in the Court of Common
Pleas of Erie County as required by the Municipal Claims Act to preserve
the Township's statutory lien therefor within the time limit provided
by law. The Township or its agent shall provide the Township Solicitor
with such information as is necessary to assure filing of liens in
court to preserve existing statutory liens for unpaid rental, rates
and other charges. The Board of Supervisors shall have authority to
cause liens to be filed in the court within that time specified by
statute if the Board deems such filing necessary for protection of
the Township's interests or for collection of sums due.
H.
Collection fees: scire facias proceedings. In the event the Township
should determine under its resolutions and policies then in effect
that a delinquent sewer rental account should be referred to the Township
Solicitor or other attorney retained by Township for collection in
scire facias sur municipal lien proceedings pursuant to the Municipal
Claims Act, 53 P.S. § 7101 et seq., as may in the future
be amended, then all attorney's fees and costs incurred by the Township
in such proceeding shall be imposed upon the lot, parcel, building
and owner as a cost of collection, in accordance with the Municipal
Claims Act and applicable ordinances and resolutions of the Township.
I.
Assessments to be issued to owners. Billings for sewer rental, rates
and other charges shall be mailed to the owner(s) of the properties
served by the sewer system. Owners of properties served by the sewer
system which are occupied by tenants or other persons or entities
aside from the owner shall have the right to examine collection records
of the Township to determine whether such rental, rates and other
charges have been paid by such tenants or occupiers, provided that
such examination shall be at the offices of the Township or its agent
during its regular business hours.
(1)
With respect to properties for which sewer rental is assessed at
the rate of one EDU of consumption per unit upon the property, the
Township or its agent shall in its billing to the property owner(s)
submit a bill stating the total sewer rental due for the property
for the specified number of equivalent domestic units of consumption.
(2)
With respect to multiple-unit commercial and other properties for
which sewer rental is assessed on the basis of actual water consumption
(or other alternative calculation authorized by this Article) for
which the Department has appropriate records and consumption reports,
the Township or its agent shall in its billing to the property owner(s)
submit a bill stating the total sewer rental, rates and charges due
for the property and a detailed listing, by separate unit to the extent
possible, of the calculated consumption or usage and the sewer rental,
rates and charges assessed as to each unit within the property.
J.
Agreements for billing of occupiers of multiunit commercial premises. Notwithstanding the provisions of Subsection I above, the Board of Supervisors, in appropriate circumstances and upon written request of the owner, is authorized to enter into written agreements with owners of multiple unit commercial properties which are, in whole or in part, leased to third parties, which provide for direct billing by the Township of sewer rental, rates and charges to tenants of the owner. Any such agreements shall be entered into only where the Board of Supervisors deems such an agreement to be appropriate in view of the number of leased units within the property and the consideration to be granted by the owner under the agreement. All such agreements shall, at a minimum, include the following:
(1)
A clear specification and acknowledgment by the owner that sewer
rental assessments and all penalties, interest and other charges imposed
for nonpayment thereof shall constitute a statutory lien upon the
benefitted property and its owner(s) from the time of their assessment,
having priority over all other liens excepting only those for real
estate taxes;
(2)
An express acknowledgment by the owner(s) that the billing methods
specified in the agreement result from the owner's request;
(3)
An express acknowledgment by the owner that the billing method specified
in the agreement constitutes proper receipt by owner(s) of all assessments
and other impositions, and a waiver by owner of any and all claims
of deficient notice;
(4)
Continuing and prompt notice by the owner to the Township or its
agent of the identity, proprietor or manager and mailing address for
billing purposes of each leased unit, this including notice of the
commencement and termination dates of tenancies for all leased units
or portions of the premises during the term of said agreement;
(5)
Assumption of liability by the owner(s) for full and timely payment
of all sewer rental, rates and charges assessed and imposed during
times in which all or any portion of the premises are not occupied
or leased by third parties;
(6)
Appropriate assistance by the owner(s) to the Township or its agent
in effecting collection of delinquent sewer rental, rates and charges
with a minimum of administrative inconvenience and cost to the Department,
this including owner's assistance as may be necessary to allow or
effectuate prompt termination of public water service to the leased
premises for failure to pay sewer rental, rates and charges;
(7)
Appropriate provision for collecting sums due which pertain to premises
for which frequent and/or repeated delinquencies arise;
(8)
Assumption of responsibility by the owner(s) to pay in full to the
Township not later than 240 days after the date of a sewer rental,
rate or charge assessment not paid by the owner's lessee(s) or occupant(s)
all sums then due as sewer rental, penalties, interest and other charges
for such unit or premises; and
(9)
Express provision that any breach of such agreement by the owner(s)
shall result in the immediate termination of said agreement, with
billings for sewer rental, rate and charge assessments thereafter
being issued directly to the owner(s) for payment, with appropriate
provision to be made for collection of all sums due as of such breach.
K.
Billing to third parties does not relieve owner of liability. In
no event shall the Township's agreement at the request of the owner(s)
of a property served by the sewer system or otherwise to issue billings
for assessment of sewer rental, rates and charges to the lessee or
occupier of owner(s) relieve or excuse owner(s) in any respect from
liability to pay such rental, rates and other charges should the lessee
or occupier fail for any reason to do so. Sewer rental, rates and
other charges assessed and imposed pursuant to this Article shall
constitute a lien against the property benefitted by the sewer system
regardless of the manner in which such assessments are billed.
L.
Collection policies and procedures authorized. The Board of Supervisors
may by resolution adopt such policies and procedures as it deems appropriate
to ensure collection of sewer rental, rates and charges assessed and
imposed pursuant to this Article. Without limitation, collection procedures
may include referral of delinquent accounts to a collection agency;
filing of liens; scire facias sur municipal lien proceedings to collect
filed liens; proceedings to terminate public water service to premises
for nonpayment of sewer rental in accordance with 53 P.S. § 3102.502,
as may in the future be amended; and any and all other measures or
combination thereof which the Board of Supervisors may deem appropriate.
(1)
All costs of such collection procedures, including but not limited
to fees for filing, perpetuation and satisfaction of liens, collection
fees, attorney's fees, court costs, litigation expense, charges for
service of documents, shall, upon being incurred by the Township,
be imposed as a charge for nonpayment and added to the balance due
on said premises' account.
(2)
No lien shall be satisfied, nor shall any collection proceeding be
discontinued until all amounts due on an account, including rental,
rates, penalties, interest, collection fees, costs incurred in termination
and restoration of public water service, attorney's fees, court costs
and other charges are first paid in full to the Township.
(3)
In the event public water service to a premises should be terminated
for nonpayment of sewer rental, rates or other charges, the Township
shall be authorized to require, as a condition of resumption of water
service, that the property's owner deposit with the Township in escrow
a sum at least sufficient to satisfy costs charged by the provider
of water service with respect to such termination and restoration
of service as may be billed to the Township, any excess thereof remaining
after payment of actual charges to be refunded to the payer after
such actual charges have been determined.
M.
Application of payments received on accounts. When a payment is tendered
upon a sewer rental account whose balance then due includes rental
or rates, penalties, interest, lien costs, collection fees or other
charges, such payment shall be applied first to payment of penalties,
costs and other charges, then to interest and then to rental or rates.
The Board of Supervisors is authorized to prohibit the dumping
of wastes into the Township's sewer system or facilities which, in
the Board of Supervisors' discretion, are deemed harmful to the operation
of the sewer system and facilities.
Each and every assessment or imposition of rental, rates or
other charges authorized by this Article is hereby made a lien upon
the corresponding lot, parcel, land or premises as provided by 53
P.S. § 7101 et seq., as amended, and shall be collected
with interest, penalties and other charges for nonpayment as a municipal
claim.
The funds received from the collection of the rental, rates
and other charges authorized by this Article shall be deposited into
the Township's Sewer Revenue Fund, a fund and account dedicated to
the operation, administration, maintenance, repair and improvement
of the sewer system. Withdrawals shall be made from this fund only
upon appropriation by the Board of Supervisors for payment of expenses
associated with the sewer system, these including but not limited
to:
A.
Payments to the City of Erie for sums due to it under agreements
or otherwise for its receipt, transportation, treatment and disposal
of sewage and/or for enhancement of its system;
B.
Payment of costs of operation, maintenance, repair, replacement,
improvement and administration of the sewer system; and
C.
Reimbursement payments required by federal and/or state industrial
cost recovery or other regulations.
