[Amended 6-15-2004 by Ord. No. 898]
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as set forth in § 363-1 of this chapter.
[Adopted 3-29-1951 by Ord. No. 385 (Ch. XVIII, Part 2, of the 1993 Code of Ordinances)]
[Amended 2-5-1952 by Ord. No. 395; 11-16-1954 by Ord. No. 412; 5-15-1956 by Ord. No. 425; 2-16-1966 by Ord. No. 510; 1-24-1967 by Ord. No. 518; 2-1-1977 by Ord. No. 614; 7-21-1981 by Ord. No. 641; 10-15-1985 by Ord. No. 678; 5-17-1990 by Ord. No. 721; 12-18-1990 by Ord. No. 727; 1-6-1992 by Ord. No. 734; 11-17-1992 by Ord. No. 740; 6-17-1998 by Ord. No. 803; 9-16-2003 by Ord. No. 886; 12-21-2004 by Ord. No. 911; 12-20-2005 by Ord. No. 927; 1-17-2008 by Ord. No. 964; 12-16-2008 by Ord. No. 977]
A.
Sewer rental. The charge for collection and treatment of domestic sewage discharged into the sewer system shall be a quarterly or a monthly charge payable as provided in § 363-15 of this chapter, based upon the quarterly or monthly consumption of the property served, except as hereinafter provided, and shall be computed at the rates hereinafter provided. In addition, the charge for maintenance of the sewer system shall be a quarterly or a monthly charge, payable as provided in § 363-15 of this chapter, based upon a percentage of the sewer rental charges of the property served, computed at the rate of 75% of the total sewer rental charge for residential and public properties, and 90% of the total sewer rental charge for commercial and industrial properties, for the said quarterly or monthly period.
B.
Standard meter rates. The following rates will apply to all quantities discharged, based upon water usage:
[Amended 4-25-2011 by Ord. No. 997; 1-20-2015 by Ord. No. 1040; 1-24-2017 by Ord. No. 1070; 1-16-2018 by Ord. No. 1078; 12-18-2018 by Ord. No. 1105; 12-17-2019 by Ord. No. 1121; 12-15-2020 by Ord. No. 1133; 12-21-2021 by Ord. No. 1145; 12-27-2022 by Ord. No. 1161]
[Amended 5-15-1956 by Ord. No. 425; 6-15-2004 by Ord. No. 898]
A.
Methods of measuring volume.
(1)
Whenever a person purchasing all water used from the Borough of West Reading discharges domestic sewage to the sewer system, the volume of water purchased shall be used in computing the sewer rental.
(2)
In cases where dwellings and establishments have sources of water supply in addition to or other than Borough water, those dwellings and establishments will be required to provide a meter on the source of supply. The amount of water consumed as shown by the meter readings will be used in computing the sewer rental.
B.
Measuring devices. All meters and other measuring devices not provided by the Borough but required to be used under the provisions of this chapter shall be furnished and installed by the property owner, and shall be under the control of the Council, and may be tested, inspected or repaired by the Borough employees whenever Council deems necessary. The owner of the property upon which such measuring device is installed shall be responsible for its maintenance and safekeeping; and all repairs thereto shall be made at the property owner's expense, whether such repairs are made necessary by ordinary wear and tear or other causes. Bills for such repairs, if made by the Borough, shall be due and payable at the same time and collected in the same manner as are the bills for sewer services; such bills from and after their date due shall constitute a lien upon the property upon which such measuring device is installed.
C.
Meter reading. Council shall be responsible for the reading of all meters or measuring devices, and they shall be available to the Borough employees for meter reading at any time.
Industrial waste may be discharged into the sewer system with the consent of the Council provided that rules and regulations which may from time to time be adopted by Council and prescribed for the treatment of industrial wastes or sewage are fully complied with to the satisfaction of the Council.
[Amended 6-17-1998 by Ord. No. 803; 9-17-2002 by Ord. No. 866]
The charges for collection and treatment of industrial wastes discharged into the sewer system shall be made in accordance with § 363-10 of this chapter, as set forth from time to time by resolution of Council. The charges for maintenance of the sewer system shall also be made in accordance with § 363-10 of this chapter. In addition thereto, further charges shall be levied for industrial wastes discharged into the sewer system in accordance with rules and regulations which may from time to time be adopted by Council.
[Amended 5-15-1956 by Ord. No. 425]
A.
Methods of measuring volume.
(1)
Whenever a person purchasing all water used from the Borough of West Reading discharges only industrial waste to the sewer system, the volume of water purchased shall be used as a measure of the quantity of industrial waste discharged.
(2)
Whenever a person purchasing all water used from the Borough of West Reading discharges combined domestic sewage and industrial waste to the sewage system, the volume of water purchased chargeable as industrial waste 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 in either of the following ways:
(3)
In order to measure the volume of water not discharged into the sewage system, a person may install a water meter at his own expense and cost. The water passing through such meter shall be only such water as is not discharged into the sewer system. There shall be no sewer rental charge made or imposed under the terms of this article upon such water passing through such meter and not discharged into the sewage system.
(4)
Whenever a person using a private water supply discharges industrial wastes to the sewer system, the charges for such discharge shall be in accordance with Subsection A(5) below. Such person, however, shall install at his expense either a water meter or meters, as may be required, to measure the total volume of water used in the industrial plant; or shall install, at his expense, a meter on the sewer line leaving the plant so as to measure the entire flow of waste discharged to the sewer system. No meter for measurement either of the water or sewage shall be installed until a plan for such installation is submitted to Council or its designated representative, and approved as satisfactory. All meters or other measuring devices installed or required to be used under the provisions of this article shall be under the control of the Council, and may be tested, inspected or repaired by Borough employees whenever Council deems necessary. The owner of the property upon which such measuring device is installed shall be responsible for its maintenance and safekeeping and all repairs thereto shall be made at the property owner's expense, whether such repairs are made necessary by ordinary wear and tear or other causes. Bills for such repairs, if made by the Borough, shall be due and payable at the same time, and collected in the same manner as are the bills for sewer services; such bills from and after their due date shall constitute a lien upon the property upon which such measuring device is installed.
(5)
Council shall be responsible for the reading of water and/or sewage meters when installed in industrial establishments. Where, in the opinion of Council, it is not necessary to install a meter, measurements of the discharge to the sewer shall be made quarterly by the Borough, and the measurements so made shall be used for determining the sewer charge for that quarter. Any person dissatisfied with the sewer rate so determined may, at his own cost, install a meter or meters as provided in Subsection A(4) above.
All sewer rentals shall be due and payable at the same time that water rentals are now payable. They shall be included in the same bills and shall be collected at the same time and in the same manner as the charges for water, and with the same discounts and penalties.
[Added 6-18-1991 by Ord. No. 730]
The owner of the property served shall be responsible to the Borough of West Reading for the payment of all sewer rentals and other amounts due hereunder furnished to the property irrespective of any agreement between the property owner and a third party, and the bill shall, in all cases, be rendered to the owner of the property unless the Borough is notified in writing by said owner to render the bill to some other person, in which case, the owner shall nevertheless remain liable for the payment of all bills.
[Added 6-18-1991 by Ord. No. 730; amended 6-15-2004 by Ord. No. 898]
Whenever the Borough or the Authority finds that a user is violation any provision of this article, the following fines and/or penalties may be assessed by the Borough or the Authority:
A.
Administrative fines.
(1)
When the Borough or the Authority finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Borough or the Authority may fine such user in an amount not to exceed $1,000. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(2)
Unpaid charges, fines and penalties shall, after 15 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 1% per month. A lien against the user's property will be sought for unpaid charges, fines and penalties.
(3)
Users desiring to dispute such fines must file a written request for the Borough or the Authority to reconsider the fine along with full payment of the fine amount within 10 days of being notified of the fine. Where a request has merit, the Borough or the Authority may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Borough or the Authority may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(4)
Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
B.
Civil penalties.
(1)
An industrial user who willfully or negligently violates any pretreatment standards and/or requirements may be assessed a civil penalty by the Borough or the Authority in an amount not to exceed $25,000 per day for each violation, regardless of jurisdictional boundaries. Each violation for each separate day shall constitute a separate and distinct offense under this section.
(3)
In addition to the civil penalty, the Borough or the Authority may recover the costs for reestablishing the operation of the POTW.
(4)
The Borough or the Authority shall include as part of the notice of an assessment of civil penalties a description of the appeals process to be followed, including the name, address and telephone number of the person responsible for accepting such appeal.
(5)
The Council or the Authority shall publicly adopt a formal, written civil penalty assessment policy and make it publicly available. Each industrial discharger participating shall be given written notice of the policy. In developing the penalty assessment policy, the publicly owned treatment works shall consider damage to air, water, land or other natural resources of this Commonwealth and their uses; cost of restoration and abatement; savings resulting to the person in consequence of the violation; history of past violations; deterrence of future violations; and other relevant factors.
(6)
Civil penalties collected pursuant to this Act shall be placed in a restricted account and shall only be used by the publicly owned treatment works for the repair of damage and any additional maintenance needed or any additional costs imposed as a result of the violation for which the penalty was imposed, to pay any penalties imposed on the publicly owned treatment works by the federal or state government for violations of pretreatment standards, for the costs incurred by the publicly owned treatment works to investigate and take the enforcement action that resulted in a penalty being imposed, for the monitoring of discharges in the pretreatment program and for capital improvements to the treatment works, including sewage collection lines, which may be required by the pretreatment program. Any remaining funds may be used for capital improvements of the treatment works, including collection lines.
(7)
The industrial user charged with the penalty shall have 30 days to pay the proposed penalty in full, or, if the industrial user wishes to contest either the amount of the penalty or the fact of the violation, the industrial user must file an appeal within 30 days pursuant to Title 2 Pa.C.S.A. (relating to administrative law and procedure). Failure to appeal within this period shall result in a waiver of all legal rights to contest the violation or the amount of the penalty. In the event of an appeal, the Council or the Authority shall conduct a hearing and decide the appeal as provided by administrative law and procedure. In the event, after hearing and decision, the industrial user wishes to make a further appeal, it may do so by filing an appropriate appeal to the Court of Common Pleas of Berks County within 30 days of the final order of the Council or the Authority.
C.
Criminal prosecution.
(1)
A user who violates any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a summary offense and be subject to a fine of not more than $1,000 per violation, per day.
(2)
A user who introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a summary offense and be subject to a fine of not more than $1,000. This fine shall be in addition to any other cause of action for personal injury or property damage available under state law.
(3)
A user who knowingly made any false statements, representations or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit or order issued hereunder, or who falsified, tampered with or knowingly rendered inaccurate any monitoring device or method required under this chapter shall, upon summary conviction, be punished by a fine of not more than $1,000 per violation, per day.
This article and the rules and regulations hereunder shall become effective the first day of April, A.D. 1951. Council shall have the right, however, to make such changes from time to time as in the opinion of the Council may be desirable or beneficial or as may be required by the Sanitary Water Board, and Council shall have the right of amending this article or changing the rates or charges in such manner and at such times as in the opinion of Council may be advisable.