[Ord. 100, 3/22/1966, § 1; as amended by Ord. 231,
6/25/1981, § 1]
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this Part 3 shall be as follows:
ALLENTOWN AGREEMENTS
Collectively, the agreement, dated as of April 12, 1965,
between the Authority and certain other parties, on the one hand,
and the city, on the other hand, and the agreement, dated as of March
1, 1966, between the Authority and the city, including any supplements
and/or amendments to either or both of said agreements at any time
constituting a part of either or both of said agreements, under terms
of which, inter alia, the sewer system will be connected to the sewer
system operated by the city, so that sewage and other wastes collected
in the sewer system, subject to conditions set forth therein, may
be discharged into the sewer system operated by the city for ultimate
treatment and disposal.
AUTHORITY
Salisbury Township Authority, a Pennsylvania municipality
authority.
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen, expressed in ppm, 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.
CITY
The City of Allentown, Lehigh County, Pennsylvania.
DWELLING UNIT
Any room, group of rooms, house trailer or other enclosure
occupied or intended for occupancy as separate living quarters by
a family or other group of persons living together or by persons living
alone.
IMPROVED PROPERTY
Any property 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 sewage and/or industrial wastes
shall be or may be discharged.
INDUSTRIAL ESTABLISHMENT
Any improved property used, in whole or in part, for manufacturing,
processing, cleaning, laundering or assembling any product, commodity
or article or from which any process waste, as distinct from sewage,
shall be discharged.
INDUSTRIAL WASTES
Any and all wastes discharged from an industrial establishment,
other than sewage.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
PERSON
Any individual, partnership, company, association, society,
corporation or other group or entity.
pH
The logarithm of the reciprocal of the concentration of hydrogen
ions, expressed in grams per liter of solution, indicating the degree
of acidity or alkalinity of a substance.
PPM
Parts per million by weight.
SEWAGE
Normal water-carried household and toilet wastes from any
improved property.
SEWAGE TREATMENT PLANT
The plant and facilities operated by the city for the purpose
of treatment of sewage and other permitted wastes, located on Kline's
Island, to which the sewer system is to be connected, and all additions,
modifications, alterations and improvements thereto.
SEWER
Any pipe or conduit constituting a part of the sewer system
used or usable for sewage collection purposes.
SEWER SYSTEM
All facilities, as of any particular time, for collecting,
pumping, treating or disposing of sewage and/or industrial wastes,
situate in or adjacent to this Township to be acquired and owned by
the Authority and to be leased to this Township for maintenance and
operation, under a proposed agreement of lease, to be dated as of
April 1, 1966, by and between the Authority and the Township, and
any supplements and amendments thereto.
SS (SUSPENDED SOLIDS)
The filterable residue of the wastes as determined by the
latest edition of Standard Methods for Examination of Water and Waste-water,
published by the American Public Health Association.
TKN (TOTAL KJELDAHL NITROGEN)
The quantity of nitrogen as ammonia and organic nitrogen,
but not nitrate and nitrate nitrogen, measured as parts per million.
The standard laboratory procedure for determination of TKN shall be
that found in the latest edition of Standard Methods for the Examination
of Water and Wastewater, published by the American Public Health Association.
TOWNSHIP
The Township of Salisbury, Lehigh County, Pennsylvania, acting
by and through its Board of Township Commissioners or, in appropriate
cases, acting by and through its authorized representatives.
[Ord. 100, 3/22/1966, § 2; as amended by Ord. 253,
1/24/1985; by Ord. 12-90-331, 12/13/1990; by Ord. 12-98-462, 12/10/1998;
by Ord. 05-2010-559, 5/27/2010, Art. I; by Ord. 04-2015-597, 4/9/2015;
by Res. 12-2015-1515, 12/17/2015; by Res. No. 12-2016-1551, 12/22/2016;
by Res. No. 12-2018-1616, 12/13/2018; by Res. No. 12-2019-1656, 12/12/2019; by Ord. No. 01-2021-634, 1/28/2021; by Res. No. 12-2022-1765, 12/8/2022; by Res. No. 12-2023-1797, 12/14/2023]
1. Sewer rentals or charges are imposed upon and shall be collected
from the owner of each improved property which shall be connected
with the sewer system, for use of the sewer system, whether such use
shall be direct or indirect, which sewer rentals or charges shall
commence and shall be effective as of the date of connection of each
such improved property to the sewer system and shall be payable as
provided herein, in accordance with the following schedule of rates
and classifications:
A. Residential.
(1)
Beginning January 1, 2024, there shall be a charge to each private
dwelling unit of $332 per annum, payable at the rate of $83 per quarterly
billing period. Thereafter, these rates may be amended or revised
from time to time by duly enacted resolution of the Board of Commissioners.
(2)
Each dwelling unit in a double house, in a row of connecting
houses, in a trailer park or in an apartment shall be billed as a
separate entity.
B. Nonresidential.
(1)
Commercial, industrial, schools, clubhouses, firehouses, hospitals,
churches, chapels, institutions, etc.
(2)
Beginning January 1, 2024, all owners of nonresidential improved
properties connected to the sewer system shall pay sewer rentals or
charges, except as hereinafter noted, at the rate of $365.20 per annum,
payable at the rate of $91.30 per quarterly billing period per unit,
or at a rate set from time to time by duly enacted resolution by the
Board of Commissioners, on the basis of equivalent dwelling units
determined or computed as follows:
(a)
Each church or chapel, firehouse, social hall or clubroom shall
constitute one equivalent dwelling unit. Where a home occupation or
home professional office which utilizes water in the service it provides
or the product it produces is conducted in a building also used for
residential purposes, the sewer rate which shall be paid for such
property shall be calculated in the same manner as commercial uses,
i.e., on the basis of equivalent dwelling units, and not on a flat-rate
basis, but in no event less than the flat-rate charges for residential
users.
(b)
Each school (public or private) shall constitute one equivalent
dwelling unit for each unit of 24 pupils computed on the basis of
the average number of pupils enrolled on days when the school was
in session during the last full school fiscal year preceding the calendar
year in which the sewer rental or charge is payable. Teachers and
employees of the school shall be classified as pupils for sewer rental
purposes. On or before December 31 of each year, the chief school
administrator shall file a sworn statement with this Township setting
forth complete information required in order to compute the sewer
rental or charge to each school.
(c)
Equivalent dwelling units for all nonresidential users, except as specified in Subsection
1B(2)(a) and
(b) above, shall be based upon the volume of water consumed or the volume of discharge to the sewer system, as applicable; provided, however, that the sewer rental or charge to each industrial establishment discharging sewage and/or industrial wastes into the sewer system shall not be less than $2.60 per employee per quarter annum based upon the average number of persons employed (including employers) per working day during the service period for which the billing is rendered. Equivalent dwelling units based upon the volume of water consumed or the volume of discharge to the sewer system shall be based upon one equivalent dwelling unit for each 15,000 gallons of water consumed or 15,000 gallons of waste discharged to the sewer system, as applicable.
C. Exceptional-Strength Users.
(1)
If any nonresidential user shall discharge any waste having
a strength exceeding 230 ppm of BOD or 250 ppm of SS, or 44 ppm of
TKN, that user shall be charged as an exceptional strength user in
accordance with the following rates:
|
Basis Charge
|
$1.20 per each 1,000 gallons or fraction thereof
|
|
Plus:
|
|
|
For all BOD greater than 230 ppm
|
$0.88 per pound
|
|
For all SS greater than 250 ppm
|
$0.052 per pound
|
|
For all TRN greater than 44 ppm
|
$0.152 per pound
|
(2)
The basis for determination of the strength of waste shall be
a seven-day composite sample taken once per billing period.
2. For service periods of less or more than one quarter annum, the sewer
rental or charge and the computation of the volume of water consumed
or the volume of discharge to the sewer system, as applicable, shall
be proportionately adjusted.
3. If the owner of any nonresidential improved property (including any
school) shall fail to provide this Township with complete information
required to compute the sewer rental or charge to such nonresidential
improved property, this Township may estimate a reasonable applicable
sewer rental or charge for such nonresidential improved property,
and such estimated sewer rental or charge shall be the actual sewer
rental or charge payable until the required information is filed;
provided, however, that no rebates will be paid by this Township if
the information filed reveals a lower indicated sewer rental or charge
than that estimated by this Township.
4. Additional classifications and sewer rentals or charges or modifications
of the above schedule of sewer rentals or charges may be established
by this Township from time to time as deemed necessary.
5. Nothing herein contained shall be deemed to prohibit this Township
from entering into separate agreements with owners with respect to
sewer rentals or charges to be imposed in those cases where, due to
seasonal fluctuations or other unusual circumstances, the sewer rentals
or charges set forth herein shall be deemed by this Township to be
unfair or inequitable.
[Ord. 100, 3/22/1966, § 3; as amended by Ord. 253,
1/24/1985; by Ord. 1-88-293, 1/4/1988; by Ord. 5-96-413, 5/9/1996,
§§ 1, 2; and by Ord. 04-2015-597, 4/9/2015]
1. All bills for sewer rentals or charges, except those based on metered
water consumption or metered waste discharged or estimates of this
Township, shall be rendered in calendar quarters, on the first days
of January, April, July and October, respectively, in each year, or
on such other dates as this Township, by resolution, shall specify,
and shall cover a quarterly billing period consisting of the immediately
preceding three complete calendar months.
All bills for sewer rentals or charges based on metered water
consumption or metered waste discharged or estimates of this Township
shall be rendered for each quarter annum or other period covered by
the meter reading promptly after the meters are read or estimates
made.
2. All bills for sewer service furnished to consumers shall be due and
payable as of the date thereof. Bills for sewer service shall be paid
within 15 days after such bill shall become due and payable. The customer
shall pay the net amount of the bill, known as "Net 15." If bills
for such sewer service remain unpaid beyond 15 days of the billing
date, an additional 10% will be added to any current, outstanding
balance. If bills for such sewer service are paid during the period
between 16 and 30 days of the billing date, this gross amount of the
bill shall be due and payable. This shall be known as "Gross 30."
If bills for such sewer service are not paid within 30 days of the
billing date thereof, such bills shall be deemed delinquent and a
penalty equal to 25% of the current Gross 30 amount of the bill shall
be added to the amount of the bill and collected as part thereof.
When bills are paid by mail, the date of the postmark will be considered
the date of the payment.
3. Whenever any bill for sewer service furnished to a consumer shall
remain unpaid for a period in excess of thirty (30) days after the
date thereof, the Township shall mail a delinquency notice to the
consumer, which notice shall inform the customer of the delinquency
and the penalty and shall declare the intention of the Township to
shut off and discontinue water service. Water service will not be
restored until the bill, including penalties, together with a turn-off
and turn-on charge of $10 each, has been paid. Every owner of improved
property which is connected to the sewer system initially shall provide
this Township with and thereafter shall keep this Township advised
of the owner's correct address. Failure of any person to receive bills
for sewer rentals or charges shall not be considered an excuse for
nonpayment, nor shall such failure result in an extension of the period
of time during which the net bill shall be payable.
4. Cancellation of Service. Subject to the provisions of this section, upon failure of any consumer to comply with any provision set forth herein or with any additional rules and regulations adopted by the Township relating to the sewer system, the Township may shut off water service, or have adjacent communities supplying water service to Salisbury Township shut off water service, subject to the cut-off and turn-on rates set forth in §
26-110 of Salisbury Township's Water Ordinance [Chapter
26] and any charges incurred by the adjacent communities.
5. The Board of Commissioners may, from time to time, by duly enacted resolution of the Board, set new rules and rates to govern §§
18-302 and
18-303.
[Ord. 100, 3/22/1966, § 4; as amended by Ord. 239,
10/28/1982, § 1]
Sewer rentals or charges imposed by this Part 3 shall be a lien
on the improved property connected to and served by the sewer system;
and any such sewer rentals or 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 Township
claims.
All liens filed pursuant to this §
18-304 for sewer rentals or charges for any period from or after January 1, 1983, shall bear interest at the rate of 10% per annum from the date of filing to the date of payment.
[Ord. 100, 3/22/1966, § 5]
1. Methods of Measuring Volume.
A. Whenever the entire water supply of an improved property discharging
sewage and/or industrial wastes into the sewer system is supplied
by a public water system, the volume of water furnished, as determined
from meter readings of the public water system, shall be used as the
volume of water consumed in computing equivalent dwelling units and
sewer rentals or charges, subject to adjustment, if appropriate, as
provided in this Part 3.
B. Whenever an improved property discharging 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 public 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 on the public water
system and the meter readings of the meter or meters on such additional
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 volume of water consumed in computing equivalent
dwelling units and sewer rentals or charges, subject to adjustment,
if appropriate, as provided in this Part 3.
C. Upon written approval of the Township, the volume of water consumed
to be used for computation of sewer rentals or charges, as provided
in this Part 3, may be established by estimates or other methods of
measurement approved by the Township where the Township considers
metering to be impractical.
D. The Township may require an industrial establishment, or the industrial establishment may elect, to install, pay for and maintain a meter approved by the Township for measuring wastes discharged to the sewer system, in which case equivalent dwelling units and sewer rentals or charges shall be based upon the actual volume of wastes so metered as being discharged to the sewer system. Said sewer rentals or charges shall be computed as set forth under §
18-302 of this Part
3.
E. Exclusion from the sewer system of noncontaminated wastewaters and
waters used for cooling purposes may be required by the Township,
or such exclusion may be optional with the owner if not required by
the Township. When such waters are excluded, the volume of water or
other measure to be used for computation of equivalent dwelling units
and sewer rentals or charges shall be computed by one of the following
methods:
(1)
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 sewage and/or industrial
wastes in computing equivalent dwelling units and sewer rentals or
charges.
(2)
By installing a meter or other measuring device to measure the
volume of water 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 the volume of water
to be used in computing equivalent dwelling units and sewer rentals
or charges.
(3)
If it is not practical, in the opinion of this Township, to
install a meter or other measuring device to determine continuously
the volume of water not discharged into the sewer system, this Township
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 volume of water to be used in computing equivalent
dwelling units and sewer rentals or charges shall be the percentage
so determined of the volume of water measured by the water meter or
meters. Any dispute as to such estimated percentage shall be submitted
to this Township, after notice of such estimate. The decision of this
Township with respect to the matter shall be final for the current
calendar year.
2. Measuring Devices. The furnishing and installation of meters or other
measuring devices which shall not be owned by any public or private
water company in connection with a water system, but which shall be
required or permitted under provisions of this Part 3, shall be the
sole responsibility of the owner. The installation or use of such
meters or other measuring devices at all times shall be subject to
the approval of this Township and may be tested and inspected by this
Township whenever necessary. The owner shall be responsible for the
maintenance, safe-keeping and repair of any such meter, whether such
repairs shall be made necessary by ordinary wear and tear or other
causes.
3. Meter Readings. This Township shall be responsible for the reading
of all meters or other measuring devices, other than those owned and
read by any public or private water company, and the same shall be
available to employees and agents of this Township at all reasonable
times.
[Ord. 100, 3/22/1966, § 8]
This Township 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 Township through the sewer system.
[Ord. 100, 3/22/1966, § 9]
This Township 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 3.