[Ord. 368, 1/18/1960, § 1]
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this Part shall be as follows:
- Emmaus Municipal Authority, a Pennsylvania municipal authority.
- B.O.D. (BIOCHEMICAL OXYGEN DEMAND)
- The quantity of oxygen, expressed in ppm by weight, utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20° C. The standard laboratory procedure shall be that found in the latest edition of "Standard Methods for the Examination of Water and Sewage" published by the American Public Health Association.
- The Borough of Emmaus, Lehigh County, Pennsylvania, a Pennsylvania municipal corporation, acting by and through its Council or, in appropriate cases, acting by and through its authorized representatives.
- CHLORINE DEMAND
- The quantity of chlorine absorbed in water, sewage or other liquids, allowing a residual of 0.1 ppm by weight after 15 minutes of contact.
- Solid wastes resulting from preparation, cooking and dispensing of food and from handling, storage and sale of produce.
- IMPROVED PROPERTY
- Any property within this 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 sanitary sewage and/or industrial wastes shall be or may be discharged.
- INDUSTRIAL WASTES
- Any solid, liquid or gaseous substance of energy rejected or escaping in the course of any industrial, manufacturing, trade or business process or in the course of the development, recovery of processing of natural resources, as distinct from sanitary sewage, including such ground, surface or stormwater as may be present.
- Any person vested with ownership, legal or equitable, sole or partial, of any property located in this Borough.
- Any individual, partnership, company, association, society, corporation or other group or entity.
- The logarithm of the reciprocal of the weight of hydrogen ions, expressed in grams per liter of solution, and indicates the degree of acidity or alkalinity of a substance.
- Parts per million.
- PROPERLY SHREDDED GARBAGE
- 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.
- SANITARY SEWAGE
- Normal water-carried household and toilet wastes from any improved property, including such ground, surface or stormwater as may be present.
- SEWAGE TREATMENT PLANT
- The plant and facilities operated for such purpose by the City of Allentown, Lehigh County, Pennsylvania, to which the sewer system is to be connected.
- Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes and to which ground, surface and stormwater is not admitted intentionally.
- SEWER SYSTEM
- All facilities, as of any particular time, for collection, pumping, treating and disposing of sanitary sewage and industrial wastes, situate in or adjacent to this Borough and owned by the Authority and leased to this Borough for operation and use.
- SUSPENDED SOLIDS
- Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtration.
- TOXIC SUBSTANCE
- Any poisonous substance, including copper, cyanide and chromium ions.
- WATER SYSTEM
- The facilities of this Borough for the supply of water to the public in this Borough.
[Ord. 368, 1/18/1960, § 2]
Sewer rentals and charges are imposed upon and shall be collected from the owner of each improved property within this Borough which shall be connected with the sewer system, whether the benefit resulting from such connection shall be direct or indirect, which sewer rentals and charges shall commence and shall be effective on the first day of October, 1960, or on the date when the Borough first shall be capable of accepting sanitary sewage and industrial wastes from such improved property for transportation to and treatment at the sewage treatment plant, whichever date last shall occur, and shall be payable quarterly, as provided in this Part.
[Ord. 368, 1/18/1960, § 3; as amended by Ord. 540, 1/19/1976; by Ord. 675, 11/17/1986; by Ord. 740, 12/17/1990, § 1; by Ord. 810, 12/5/1994, § 1; by Ord. 952, 7/1/2002, § I; by Ord. 1020, 12/18/2006, § 1; by Ord. 1049, 12/29/2008, § I; by Ord. 1093, 12/17/2012, § I; by Ord. 1151, 12/19/2016; and by Ord. No. 1197, 12/16/2019]
Effective with the first billing as of January 1, 2020, the sewer rental charge shall be as follows:
Effective with the first billing as of January 1, 2017, the Borough of Emmaus shall establish a reserve fund for purposes of potential future significant structural repairs to the sewer collection and processing system, including, but not limited to, potentially, the Allentown WWTP and the Emmaus Interceptor, as well as significant structural repairs to Borough of Emmaus sewer lines and manholes.
The reserve fund shall be used exclusively for the purposes of significant structural repairs of the sewer collection and processing system and shall not be utilized to balance the sewer fund budget. This provision may only be changed by a superseding ordinance. It is the intention of Council that this fund shall remain restricted to the above-mentioned uses only, and funds may not be borrowed or shifted from said fund even on a temporary basis except by a superseding ordinance.
The reserve fund shall be shown as a separate line item on quarterly sewer bills to all customers and shall be labeled in such a way that it is clearly identified.
The reserve fund rate shall be calculated based on the size of the water meter at each address as follows and shall be billed with quarterly bills:
Any future rate increases may be passed by resolution or ordinance of Borough Council.
Nothing herein shall be construed as an admission of future responsibility for charges to the Allentown WWTP as the same are governed by a 1959 agreement (and subsequent agreements) with Allentown.
[Ord. 368, 1/18/1960, § 4]
Sewer rentals and charges imposed by this Part shall be payable quarterly.
In the case of an owner of improved property whose quarterly bill for sewer rentals and charges shall be computed in whole or in part upon the basis of water volume usage metered by this Borough in connection with the water system, the quarterly billing date shall be the same date and shall cover the same quarterly period as shall be applicable for billing by this Borough in connection with the water system.
In the case of an owner of improved property whose quarterly bill for sewer rentals and charges shall be computed on any basis completely independent of water volume usage metered by this Borough in connection with the water system, the quarterly billing dates shall be the fifteenth days of January, April, July and October, respectively, in each year and shall cover a quarterly billing period consisting of the immediately preceding three complete calendar months.
Sewer rentals and charges shall be due and payable upon the applicable quarterly billing date set forth in Subsection 1 of this § 18-204 and the appropriate amount computed in accordance with this Part shall constitute the net bill. If sewer rentals and charges are not paid within 30 calendar days after each quarterly billing date, an additional sum of 10% shall be added to such net bill, which net bill, plus such additional sum, shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of such 30 calendar day period shall constitute payment within such period. If the end of such 30 calendar day period shall fall on a legal holiday or a Sunday, payment made on or mailed and postmarked on the next succeeding week day which is not a legal holiday shall constitute payment within such period.
Whenever service to any improved property shall begin after the first day or shall terminate before the last day of any quarterly billing period, sewer rentals and charges for such period shall be prorated equitably, if appropriate, for that portion of the quarterly billing period during which such improved property was served by the sewer system.
Every owner of improved property which is connected to the sewer system initially shall provide this Borough with and thereafter shall keep this Borough advised of his correct address. Failure of any person to receive quarterly bills for sewer rentals and charges shall not be considered an excuse for non-payment nor shall such failure result in an extension of the period of time during which the net bill shall be payable.
[Ord. 368, 1/18/1960, § 5]
Sewer rentals and charges imposed by this Part shall be a lien on the improved property connected to and served by the sewer system; and any such sewer rentals and charges which are delinquent shall be filed 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 Lehigh County, Pennsylvania, and shall be collected in the manner provided by law for the filing and collecting of municipal claims.
[Ord. 368, 1/18/1960, § 6]
Methods of Measuring Volume.
Whenever the entire water supply of an improved property discharging sanitary sewage and/or industrial wastes into the sewer system is supplied by the water system, the volume of water furnished, as determined from meter readings of the water system, shall be used as the measure of discharge of sanitary sewage and/or industrial wastes in computing sewer rentals and charges, subject to adjustment, if appropriate, as provided in this Part.
Whenever an improved property discharging sanitary sewage and/or industrial wastes into the sewer system shall have a source or sources of water supply in addition to or other than the water system, the owner of such improved property shall provide a meter on such additional or other source or sources of water supply. The total volume of water consumed, as determined from the meter readings of the water system and the meter readings of the meter or meters on such additional or other source or sources of water supply, or the meter readings of the meter or meters on such other source or sources of water supply, as appropriate, shall be used as the measure of discharge of sanitary sewage and/or industrial wastes in computing the sewer rentals and charges, subject to adjustment, if appropriate, as provided in this Part.
Whenever an improved property shall use water from the water system and/or water from a source or sources of supply in addition to or other than the water system for cooling or unpolluted commercial or industrial process purposes, and all or part of the water so used shall not be discharged into the sewer system, the volume used as the measure of discharge of sanitary sewage and/or industrial wastes in computing sewer rentals and charges may be adjusted by one of the following methods:
By installing a meter or other measuring device on the connection to the sewer system. The readings from such meter or measuring device shall be used as the measure of discharge of sanitary sewage and/or industrial wastes in computing sewer rentals and charges.
By installing a meter or other measuring device to measure the volume not being discharged into the sewer system. The readings from such meter or measuring device shall be deducted from the total water meter readings and the remainder shall be used as the measure of discharge of sanitary sewage and/or industrial wastes in computing sewer rentals and charges.
If it is not practical, in the opinion of this Borough, to install a meter or other measuring device to determine continuously the volume not discharged into the sewer system, this Borough shall determine, in such manner and by such method as it may prescribe, the percentage of metered water which is being discharged into the sewer system. The quantity of water used as the measure of discharge of sanitary sewage and/or industrial wastes in computing sewer rentals and charges shall be the percentage so determined of the quantity measured by the water meter or meters. Any dispute as to such estimated percentage shall be submitted to this Borough, after notice of such estimate. The decision of this Borough with respect to the matter shall be final for the then current calendar year.
Measuring Devices. Meters or other measuring devices which shall not be owned by this Borough in connection with the water system but which shall be required or permitted under provisions of this Part shall be furnished and installed by the owner of the improved property at his expense, shall be under the control of this Borough and may be tested, inspected or repaired by this Borough whenever necessary. The owner of the improved property upon which such meter or other measuring device shall be installed shall be responsible for its maintenance and safekeeping; and all repairs thereto shall be made at the expense of the owner, whether such repairs shall be made necessary by ordinary wear and tear or other causes. Bills for such repairs, if made by this Borough, shall be due and payable immediately upon completion of such repairs and shall be collected in the same manner as quarterly bills for sewer rentals and charges.
Meter Readings. The Borough shall be responsible for the reading of all meters or other measuring devices and the same shall be available to this Borough at all reasonable times.
[Ord. 368, 1/18/1960, § 10]
This Borough shall have the right of access at reasonable times to any part of any improved property served by the sewer system as shall be required for purposes of inspection, measurement, sampling and testing and for performance of other functions relating to service rendered by this Borough through the sewer system.
[Ord. 368, 1/18/1960, § 11]
This Borough reserves the right to adopt, from time to time, such additional rules and regulations as it shall deem necessary and proper in connection with use and operation of the sewer system, which rules and regulations shall be, shall become and shall be construed as part of this Part.
[Ord. 368, 1/18/1960; as added by Ord. 515, 6/3/1974; and as amended by Ord. 675, 11/17/1986]
Any person, firm or corporation who shall violate any provision of this Part 2 shall, upon conviction thereof, be sentenced to pay a fine of not more than $300; and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this Part 2 continues shall constitute a separate offense.