[Amended 11-24-2014 by Ord. No. 1232]
As used in the article, the following terms shall have the meanings indicated:
- DWELLING UNIT
- A single structure or portion of a structure providing independent, self-contained living facilities for one or more persons, including permanent provisions for living, sleeping, cooking and sanitation.
- Includes, but is not to be limited to, individuals, partnerships, associations, joint ventures, corporations, municipalities, subdivisions of municipalities, school districts, joint school districts, authorities, hospitals, public institutions, and charitable institutions, owning real property in the Borough of Brentwood.
Brentwood Borough shall agree, and hereby does agree with the Allegheny County Sanitary Authority, hereafter referenced as "ALCOSAN," pursuant to the agreement among Brentwood, ALCOSAN and the City of Pittsburgh, on or about December 1, 1949, that Brentwood shall pay ALCOSAN the aggregate amount of all sewage service charges imposed by ALCOSAN pursuant to said agreement, and any amendments thereto, which otherwise would be payable by sewage service users within Brentwood Borough for the transportation and treatment services rendered by ALCOSAN, which would be consideration for the legal duty of Brentwood Borough to prohibit discharge of sanitary sewage into the waters of the Commonwealth of Pennsylvania. Brentwood hereby covenants and agrees that it shall pay each quarterly statement received from ALCOSAN out of current revenues of the Borough and within 60 days after the date of billing of each such quarterly statement, for sewage transportation treatment services rendered within Brentwood Borough.
Brentwood Borough's current third-party sewage collector shall bill all customers of ALCOSAN within Brentwood Borough in amounts as specified below in § 167-15, which amounts are at least equal to the amounts which would be payable otherwise to ALCOSAN by sewage service users within Brentwood Borough for sewage transportation and treatment services rendered.
The revised rate, payment, billing and collection methods as promulgated in this article shall become effective immediately after the occurrence of the following conditions:
Approval by ALCOSAN of the revised procedures for billing, collection and payment of service charges.
Payment to ALCOSAN by Brentwood Borough of any and all delinquent bills and charges rendered to sewage service users within the Borough on or before the effective date of said changes in billing, collection and payment.
Reasonable written notice and/or advertisement to ALCOSAN customers within Brentwood Borough of such revisions in billing, collection and payment procedures.
Reasonable written notice to ALCOSAN by the Borough of the commencement of the revised billing, collection and payment procedures.
There is hereby established and imposed within Brentwood Borough sewer and sewage rental and service fees, charges and rates to be levied upon the owners of all real properties within Brentwood Borough served by the sanitary sewers or sewer system of Brentwood Borough or by private sewers or sewer systems which discharge ultimately into the sewage collection system of ALCOSAN, for the purpose of providing for the cost of operation, maintenance, administration expenses, repair costs, reconstruction costs, construction costs, applicable debt service costs, charges by ALCOSAN and other related costs, all with respect to said sewer and sewage system or systems.
In order to determine, calculate and apportion the sewer and sewage rental, charges and fees imposed by this article equitably among the real properties served by Brentwood Borough sanitary sewers or sewer systems or by private sewers or sewer systems discharging ultimately into the sewage system of ALCOSAN, the rentals, fees, charges and rates shall be based primarily on the metered quantities of water used on said real properties, subject to such appropriate adjustments as hereinafter provided or otherwise required and subject to such additional charges, fees or rentals as are adopted for wastes other than sewage, based upon the composition, strength and other characteristics of such waste.
In circumstances in which the entire source of water on the premises is metered, the rate charged shall be based upon the quantity of water used as measured by the meter. In circumstances in which the properties and premises involved obtain water from wells or springs, Brentwood Borough, at its option, may require the owner, without expense to Brentwood Borough, to provide on and for the well or spring a meter acceptable to the Borough, or the Borough, at its option, shall make an estimate of the amount of water used from nonmetered sources and discharged into the sanitary sewer systems of the Borough or into private sewers discharging into the sewage system of ALCOSAN.
In circumstances in which more than one dwelling unit uses a single sewage service line, the Borough, at its option, may require either that separate meters shall be installed for each dwelling unit or that the charge for all service to said building or premises shall be apportioned between or among all occupants, as the Borough might elect in its sole discretion.
In circumstances in which residential use and commercial use of the premises are conducted separately or jointly on the same premises, the Borough, at its option and sole discretion, may elect either that separate meters shall be installed for each such use or that the charge for all service to said premises shall be apportioned, between or among all owners, as the Borough may apportion, elect and/or require.
The rates, charges and fees for sewer and sewage services to sewered premises within Brentwood Borough shall be as follows:
Metered water uses. The following schedule of rents, charges and fees shall be applicable to users of metered water, and the charges shall be based upon the metered quantity of water delivered to each water user as measured by the most recent available water meter reading. A sewer service charge shall be imposed and shall be based on the Borough's annual fee resolution.
Brentwood Borough will not impose any minimum user fee charge. All charges and fees will be based on the schedule of service charges set forth above as determined by the metered quantity of water delivered to each water user as measured by the most recent available water meter reading.
In addition to all other charges, there shall be imposed and collected a monthly customer service fee per user. The fee shall be based on the Borough's annual fee resolution.
For commercial garbage grinders, there shall be added to the waste user's sewage bill an additional charge of $100 per quarter year per grinder of one horsepower capacity and a proportionately lower or higher charge per grinder of lesser or greater horsepower capacity.
In circumstances in which a water user's waste materials contain concentrations of suspended solids and/or biochemical oxygen demand and/or chlorine demand, any of which might affect adversely the sewage collection or treatment facilities or violate any statute, rule or regulation, then the rates, charges, fees and rents set forth hereinabove shall be increased according to the following formulae, at the discretion of Brentwood Borough or if requested by ALCOSAN:
All bills, vouchers and statements of account, hereinafter referred to as "bills," for sewer and sewage rental, service charges and fees imposed by this article shall be rendered and submitted monthly on the basis of the most recent monthly water meter reading or estimate, plus all previously billed and unsatisfied readings and charges. Such rentals, charges and fees shall be due and payable within 21 days from the date of issuance of the bill.
Any fees, charges or rents imposed under this article and not paid within 21 days of the date of issuance of the bill shall be subject to payment of a penalty of 10% of the total amount of such fees, charges, or rents.
Any fees, charges or rents, including delinquent penalties, imposed under this article and not paid within 30 days of the date of issuance of the bill shall be subject to payment of interest in the amount of 1 1/2% per month of the total amount of such fees, charges, or rent.
Any fees, charges, or rents, if not paid within 90 days of the date of issuance of the bill, may be collected as provided by law, including but not limited to an action of assumpsit, distraint of personal property and/or by a lien filed in the nature of a municipal lien or claim. In addition, Brentwood Borough reserves the right to terminate water service after notice, according to law and ordinance, for nonpayment of said fees, charges, rents, penalties, and interest.
Brentwood Borough Council may designate either the Borough Manager or a third-party provider, or both concurrently, to act severally or jointly to administer the provisions of this article, including but not limited to collection of all fees, charges, rents, penalties and interests imposed under this article and including the keeping of all records and the establishment of such rules, regulations, documents and forms necessary to administer the provisions of this article.
Brentwood Council is hereby authorized to enter into, cancel or amend any and all contracts or agreements, to prepare and execute all necessary documents and to do all other proper and lawful acts required for the administration of the provisions of this article.
All monies received by Brentwood Borough from the administration of this article and from collection of all rents, fees and charges levied under this article shall be deposited in a special, separate bank account duly marked and designated as the "Brentwood Borough Sanitary Sewer Fund," and shall be used for only the following purposes:
Allocation to, and payment of, all or part of the costs of construction, reconstruction, extension, addition, operation, maintenance, repair, alteration, inspection and administration relating to this article and/or to all or any part of the sanitary sewer systems of Brentwood Borough and of those private sewers systems discharging ultimately into the sewer system of ALCOSAN.
Payment of all or part of applicable debt service costs and charges for construction, reconstruction, extension, addition, operation, maintenance, repair and administration of any part of said sewer systems and/or of this article.
Payment of all or any part of the fees, rents and charges levied by ALCOSAN in or upon Brentwood Borough for use of the ALCOSAN sewage system.
Payment of all or part of any other costs, expenses or charges related to administration of this article and/or to the sanitary sewer systems located within Brentwood Borough and discharging into the ALCOSAN sewer system.
Brentwood Borough Council reserves the right to amend the schedule of rates, rents, fees and charges imposed by this article, from time to time, as required and necessary to produce sufficient revenue to meet the requirements of operation, maintenance, construction, reconstruction, repair and administration, including applicable debt service costs and ALCOSAN charges and all other related charges relevant to the maintenance of the Borough and private sewer systems discharging into the ALCOSAN system and relevant to administration of this article.
Any person, firm, partnership, association, joint venture, corporation, municipality, subdivision of a municipality, school district, joint school district, authority, hospital, public institution, charitable institution or other legal entity violating any provision of this article shall, upon conviction of said violation, be punished by imposition of a fine not to exceed the sum of $1,000 for each offense, recoverable with cost of prosecution and, in default of payment of such fine and costs, shall be subject to imprisonment for a period not exceeding 30 days. Each day that a violation of this article is continued shall constitute a separate offense. In circumstances involving legal entities which are not natural persons, the penalties imposed hereby may be imposed upon the partners, directors, officers or other members of such legal entities.