[Adopted 4-2-2018 by Ord.
No. 899]
In the interpretation of this section, the present tense includes
the future; the singular number includes the plural and the plural
includes the singular; and the word "person" includes natural person,
property owner, company, trust, individual, partnership, firm, association,
corporation, or entity of any kind. The following terms shall have
the definitions assigned:
Biochemical oxygen demand.
The Borough of North East, Erie County, Pennsylvania.
Once within a calendar quarter.
A person or legal entity discharging wastewater to the sewage
collection system within the Borough.
North East Township, Erie County, Pennsylvania.
Total suspended solids.
A.
The sewer rate charged to and payable by each sewer rate customer,
except the Township, of and from April 1, 2019, shall equal the sum
total of the following:
[Amended 12-3-2018 by Ord. No. 905]
(1)
Flow charge: $3.53 x flow (total measured in gallons) ÷ 1,000;
plus
(2)
BOD charge: $0.58 x BOD (concentration measured in parts per million)
x flow (measured in million gallons) x 8.34; plus
(3)
TSS charge: $0.40 x TSS (concentration measured in parts per million)
x flow (measured in million gallons) x 8.34.
B.
The sewer rate charged to and payable by the Township of and from April 1, 2019, shall be calculated as set forth in Subsection A above and then multiplied by the factor, 1.00.
[Amended 12-3-2018 by Ord. No. 908]
C.
The following shall be applicable to the computations above set forth.
(1)
Flow shall equal the metered wastewater discharge of the sewer customer
or the Township where such discharge is actually metered by meters
authorized and prior approved by the Borough. Wastewater meters shall
be periodically calibrated by a qualified person and frequency approved
by the Borough. In the absence of such wastewater meter data, flow
shall equal the metered water consumption of the customer or the Township.
(2)
BOD concentration shall equal the measured BOD concentration of the
wastewater discharge of the sewer rate customer or the Township as
determined by tests and sampling requirements authorized and approved
by the Borough, or in the absence thereof, by sanitary engineering
guidelines as determined by the Borough's Engineer. Residential
domestic wastewater BOD concentration shall equal 250 parts per million.
The minimum BOD concentration for rate calculation purposes shall
be 250 parts per million.
(3)
TSS concentration shall equal the measured TSS concentration of the
wastewater discharge of the sewer rate customer or the Township as
determined by tests and sampling requirements authorized and approved
by the Borough, or, in the absence thereof, by sanitary engineering
guidelines as determined by the Borough's Engineer. Residential
domestic wastewater TSS concentration shall equal 200 parts per million.
The minimum TSS concentration for rate calculation purposes shall
be 200 parts per million.
A.
Sewer rate customers shall be billed and payment shall be due and
payable on a quarterly basis based upon periodic water or discharge
meter readings. In a quarter when no flow reading is made, the quarterly
bill shall be based upon the total flow for the average usage for
the previous three quarters. When no BOD or TSS measurements are made,
the bill shall be based upon the average BOD and TSS concentration
for the preceding calendar year average. In any quarter during which
a meter reading has been made, the bill shall be based upon actual
measured flow, BOD and TSS since the last billing period less credit
for quarterly billings, if any, paid in the interim. The Borough may
elect to bill sewer rate customers monthly as needed per this article.
B.
The Township shall be billed and payments shall be due monthly at
the Borough's discretion per this article.
C.
All residential sewer customers must be the owner of the property
by recorded deed in order to open, maintain or close a sewer billing
account. Tenants of single or multiunit dwellings shall not have separate
accounts with the Borough but rather must make payments to their landlord
for their portion of the quarterly sewer bill.
A.
New sewer rate customers shall, upon connection to the sewer collection
system, pay a tapping capacity fee of $1,000 per equivalent dwelling
unit (EDU) of sewer service as estimated and approved by the Borough
Engineer. One EDU shall be equivalent to 85,081 gallons per year of
water consumption or metered wastewater flow (if available and meter
installation was prior approved by Borough). The minimum tapping capacity
fee shall be based on one EDU. After one year, the estimate of the
water consumption or wastewater flow by the Borough Engineer shall
be subject to review based upon sewage service provided for the year
following the connection, and, in the event the actual consumption
or metered discharge flow exceeds the original estimate, an additional
tapping capacity fee shall thereupon be due and payable based upon
service provided. In the event the actual consumption or metered discharge
is less than the original estimate, a refund of the overpaid amount
but with no interest thereon shall be made by the Borough to the sewer
rate customer. New sewer rate customers shall, upon connection to
the sewer system, pay a customer facilities fee of $50 per connection
and a connection fee equal to the actual costs incurred by the Borough
to install the new service connection and line from the sewer main
to the property line.
B.
The Township shall monthly pay a tapping fee for each new connection
to the Township sewer collection system of $1,000 per EDU of sewer
service as estimated and approved by the Borough Engineer. One EDU
shall be equivalent to 85,081 gallons per year of water consumption
or wastewater flow (if available and meter installation was prior
approved by the Borough.) The minimum tapping capacity fee shall be
based upon one EDU. After one year, the estimate of the water consumption
or wastewater flow by the Borough Engineer shall be subject to review
based upon sewage service provided for the year following the connection.
In the event the actual consumption or metered discharge flow for
the new connection exceeds the original estimate, an additional tapping
capacity fee shall thereupon be due and payable based upon service
provided. In the event the actual consumption or metered discharge
flow for said new connection is less than the original estimate, a
refund, but with no interest thereon, of the overpaid amount shall
be made by the Borough to the Township.
A.
Sewer rate customers and Township who fail to pay charges within
30 days of the due date, therefor, as set forth in the sewer bill,
shall thereafter be subject to:
B.
Sewer rate customers for whom a lien is filed shall thereafter pay
interest at the rate of 10% per annum upon the unpaid balance of any
such lien from the date of said lien's filing.
C.
Quarterly payments for sewer shall be due and payable by the last
day of the first month following after the end of the calendar quarter
for which the billing is issued. Monthly payments for sewer shall
be due and payable by the last day of the month following the month
for which the bill is issued.
Sewer rate customers and the Township shall be subject to termination
of water service by reason of the failure to pay sewer rates as established
by separate ordinance of the Borough in accordance with the laws of
the Commonwealth of Pennsylvania.
All ordinances or portions of ordinances inconsistent with the
provisions herein are hereby amended to conform to the provisions
of this article. All ordinances and portions of ordinances not inconsistent
with this article, are and shall remain in full force and effect including
but not limited to any provisions providing for the charging and collection
of sewer rates prior to April 1, 2017.
The provisions of this article are severable and if any of its
provisions shall be held invalid, the same shall not affect or impair
the remaining provisions of this article which would have been enacted
had not such invalid provisions been included herein.
A.
Allocation of public sewer system capital costs. For purposes of
establishing sewer rates and billings, the Borough shall allocate
the total capital costs (as determined by the Borough, including,
without limitation, debt service relating thereto) relating to the
public sewer system across the below-referenced parameters as follows
and each customer shall pay its share thereof in accordance with each
customer's actual future loadings (as determined by the Borough
in accordance with existing methods and utilizing properly calibrated
measuring equipment) as such loadings may vary from time to time.
(1)
New Act 537 Plan Site I improvement costs. The total capital costs
relating to the new Act 537 Plan Site I Project (as described more
fully in Exhibit A[1] attached hereto and hereby incorporated by reference)
shall be allocated across the below-referenced parameters as follows:
|
Parameter
|
Cost Allocation
|
|---|---|
|
Flow
|
25%
|
|
Biochemical oxygen demand ("BOD")
|
75%
|
|
Total suspended solids ("TSS")
|
0%
|
[1]
Editor's Note: Said exhibit is included as an attachment to
this chapter.
(2)
New Act 537 Site II improvement costs. The total capital costs relating
to the new Act 537 Plan Site II Project (as described more fully in
Exhibit A attached hereto and hereby incorporated by reference) shall
be allocated across the below-referenced parameters as follows:
|
Parameter
|
Cost Allocation
|
|---|---|
|
Flow
|
100%
|
|
BOD
|
0%
|
|
TSS
|
0%
|
(3)
Old/existing capital improvements. The total existing capital costs
relating to the public sewer system (excluding the new Act 537 Site
I and Site II Projects as referenced on Exhibit A[2] and any other future capital improvements as referenced
below) shall be allocated across the below-referenced parameters as
follows:
|
Parameter
|
Cost Allocation
|
|---|---|
|
Flow
|
25%
|
|
BOD
|
65%
|
|
TSS
|
10%
|
[2]
Editor's Note: Said exhibit is included as an attachment to
this chapter.
(4)
Future capital improvements. Regarding any potential future capital
improvements relating to the public sewer system (excluding the new
Act 537 Site I and Site II Projects and the old/existing capital improvements
as set forth above) that may occur, the allocation thereof shall not
be affected by this article.
(5)
Example calculations worksheet for wastewater charges. A hypothetical
example calculations worksheet, showing how the various public sewer
system costs would be allocated across the Flow, BOD, and TSS parameters,
is attached hereto as Exhibit B[3] and hereby incorporated by reference. It is intended for
illustrative purposes only, and it is not intended to reflect actual
rates and/or assumptions.
[3]
Editor's Note: Said exhibit is included as an attachment to
this chapter.
B.
Allocation of public sewer O & M costs.
(1)
For purposes of its sewer
rates and billings, the Borough shall allocate the total operations
and maintenance ("O&M") costs (as determined by the Borough) relating
to the public sewage system across the below-referenced parameters
as follows, and each customer shall pay their share thereof in accordance
with each customer's future loadings (as determined by the Borough
in accordance with existing methods and utilizing properly calibrated
measuring equipment) as such loadings may vary from time to time.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
|
Parameter
|
Cost Allocation
|
|---|---|
|
Flow
|
25%
|
|
BOD
|
65%
|
|
TSS
|
10%
|
This article shall take effect during the fourth-quarter billing
cycle of 2018.
