[Adopted 7-9-1973 by Ord.
No. 282]
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this article shall be as follows:
Any industrial waste having a suspended solids content or
BOD appreciably in excess of that normally found in municipal sewage.
For the purposes of these regulations, any industrial waste containing
more than 350 milligrams per liter of suspended solids or having a
BOD in excess of 300 milligrams per liter shall be considered an abnormal
industrial waste, regardless of whether or not it contains other substances
in concentrations differing appreciably from those normally found
in municipal sewage.
The Dallastown Borough Sewer Authority, a municipal authority
incorporated, organized and existing under provisions of the Pennsylvania
Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382,
as amended and supplemented.[1]
Includes, as applicable, each of the following: a commercial
establishment, a domestic consumer unit, an educational establishment
and an industrial establishment.
The quantity of oxygen utilized in the biochemical oxidation
of the organic matter in said sewage or industrial waste under standard
laboratory procedure in five days at 20° C., expressed in milligrams
per liter by weight. It shall be determined by one of the acceptable
methods described in the latest edition of Standard Methods for the
Examination of Water and Wastewater, cited herein.
The Borough of Dallastown, York County, Pennsylvania, a municipality
existing under laws of the Commonwealth of Pennsylvania, acting by
and through its Council or its authorized representatives.
The group of elected officials acting as the governing body
of the Borough.
Each room, group of rooms, building or other enclosure connected
directly or indirectly to the sewer system and used or intended for
use in the carrying on of a trade, business or profession or for use
in the operation of one business enterprise for the sale and distribution
of any product, commodity, article or service, including social, religious,
charitable and public uses.
Each room, group of rooms, building or other enclosure connected
directly or indirectly to the sewer system and occupied or intended
for occupancy as separate living quarters by a family or other group
of persons living together or by a person living alone.
Each room, group of rooms, building or other enclosure connected
directly or indirectly to the sewer system and used or intended for
use, in whole or in part, for educational purposes, including both
public and private schools.
Solid wastes from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
Any property, situate within the 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 sewage shall be or may be discharged and which is accessible to a sewer as defined in § 159-8 of this article.
Each room, group of rooms, building or other enclosure connected
directly or indirectly to the sewer system and used or intended for
use, in whole or in part, in the operation of one business enterprise
for manufacturing, converting, processing, cleaning, laundering or
assembling any product, commodity or article or from which any industrial
wastes, as distinct from sanitary sewage, shall be discharged.
Any solid, liquid, gaseous or waterborne substance or form
of energy rejected or escaping in the course of any industrial, manufacturing,
trade or business process or in the course of the development, recovery
or processing of natural resources, as distinct from sanitary sewage.
Any improved property in which shall be located more than
one billing unit.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, firm, partnership, company, association,
society, trust, corporation or other group or entity.
The logarithm to the base 10 of the reciprocal of the hydrogen
ion concentration expressed in moles per liter. It shall be determined
by one of the acceptable methods described in the latest edition of
Standard Methods for the Examination of Water and Wastewater published
jointly by the American Public Health Association, the American Water
Works Association and the Water Pollution Control Federation.
Parts per million, by weight.
The wastes from the preparation, cooking and dispensing of
food and from the handling, storage and sale of produce that have
been shredded to such degree that all particles will be carried freely
under the flow conditions normally prevailing in public sewers, with
no particle greater than 1/2 inch in any dimension.
The normal water-carried household and toilet wastes from
any improved property.
Both sanitary sewage and industrial wastes.
Any pipe, main or conduit constituting a part of the sewer
system used or usable for sewage collection purposes.
All facilities, as of any particular time, for collecting,
transporting, pumping, treating and disposing of sewage, owned by
the Authority and leased to the Borough for operation and use.
A sewer which is intended to carry stormwater runoff, surface
water, groundwater drainage, etc., but which is not intended to carry
any sanitary sewage or polluted industrial waste.
That portion of the rainfall which reaches a channel, trench,
sewer or sink.
Solids that either float on the surface or are in suspension
in water, sewage, industrial waste or other liquids and which are
removable by laboratory filtration. The quantity of suspended solids
shall be determined by one of the acceptable methods described in
the latest edition of Standard Methods for the Examination of Water
and Wastewater, cited herein.
Any water or waste containing none of the following: Free
or emulsified grease or oil; pH less than 6.0 or greater than 9.0;
phenols or other substances imparting taste and odor to receiving
waters; toxic or poisonous substances in suspension, colloidal state
or solution; obnoxious or odorous gases. It shall contain not more
than 1,000 milligrams per liter by weight of dissolved solids of which
not more than 250 milligrams per liter shall be as chloride and not
more than 10 milligrams per liter each of suspended solids and BOD.
The color shall not exceed 50 color units. Analyses for any of the
above-mentioned substances shall be made in accordance with the latest
edition of Standard Methods for the Examination of Water and Wastewater,
cited herein.
The York Water Company, Red Lion Municipal Authority or Dallastown-Yoe
Authority, a public utility corporation or municipality authority
organized and existing under laws of the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 53 P.S. § 301 et seq.
[Amended 4-13-1998 by Ord. No. 432; 5-9-2005 by Ord. No. 528]
A.
Capital charges study. Pursuant to amendments made by Act No. 57
of 2003,[1] the Borough Engineer, C.S. Davidson, Inc., has analyzed
certain fees and prepared Amendment No. 1 to the Capital Charges Study
dated April 1, 2005, Project No. 1209.6.00.23. Said Amendment No.
1 to the Capital Charges Study updates the basis for and calculates
the revised connection fee, tapping fee and customer facilities fee
for and regarding the public sanitary sewer system located in Dallastown
Borough in accordance with said Act No. 57. Said Amendment No. 1 to
the Capital Charges Study is hereby approved by Dallastown Borough,
and a copy of the same shall be kept on file at the Dallastown Borough
Office by the Borough Secretary for public inspection. The fees set
forth in this section are based upon said Amendment No. 1 to the Capital
Charges Study.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5607(d).
B.
Imposition of fees. Pursuant to the provisions of the Municipality Authorities Act at 53 Pa.C.S.A. § 5607(d)(24), enumerating fees for and regarding connecting properties to a sewer system, the fees set forth in this section are hereby imposed as hereinafter set forth. Any person desiring or required to connect a property to the public sanitary sewer system in Dallastown Borough shall pay the fees enumerated in this section at the time of application to the Borough for such connection, except for the fee for additional inspections set forth under Subsection D hereof which shall be paid upon each such additional inspection even after such property is connected to the sewer system.
C.
Connection fee. A connection fee based upon the average cost method
for the public service connection or lateral installed between the
sewer main and the cleanout near the curbline or such other facility
to which the sewer line from the private building is connected is
hereby imposed in the amount of $655 for a clay (six-inch ESVC) lateral,
and the amount of $955 for a six-inch PVC lateral.
D.
Customer facilities fee. A customer facilities fee is hereby imposed
in the following amounts:
(1)
The amount of $50 to be paid at the time of the application for connection
to cover the plumbing hookup application and two plumbing inspections.
(2)
The amount of $15 for each additional inspection lateral or the hookup
after the aforesaid two initial plumbing inspections, which additional
inspection fee shall be paid at the time the same is requested even
after the property is connected to the sewer system.
E.
Tapping fee. A tapping fee is hereby imposed in the amount of $1,609
consisting of a capacity part of $208, a collection part of $1,336
and a special purpose part of $65.
Sewer rentals or charges hereby are imposed upon and shall be
collected from the owner of each improved property which shall be
connected to 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 upon the date of connection
of each improved property to the sewer system or upon the date when
this Borough first shall be capable of accepting sewage from such
improved property for transportation and treatment, whichever date
last shall occur, and shall be payable as provided herein.
[1]
Editor's Note: Fees, rates, rents and charges are on
file in the Borough offices.
[Amended 3-26-1979 by Ord. No. 320; 6-12-1995 by Ord. No. 416; 4-13-1998 by Ord. No. 432; 11-13-2000 by Ord. No. 458; 12-10-2007 by Ord. No. 553]
A.
Flat rate for domestic consumer units. Sewer rentals or charges for
sanitary sewage discharge into the sewer system from any improved
property constituting a domestic consumer unit shall be and are hereby
imposed on a flat-rate basis per quarter annum for each domestic consumer
unit. Beginning January 1, 2008, the flat-rate sewer rental or charge
for each improved property constituting a domestic consumer unit shall
be $85 per quarter annum. The flat rate for such sewer rentals or
charges may be amended and may be set by resolution of the Borough
Council.
B.
Flat rate for commercial establishments, industrial establishments
and educational establishments. Where the volume of water usage of
any improved property constituting a commercial establishment, an
industrial establishment or an educational establishment is not metered
by the supplier of the water, the sewer rentals or charges for sanitary
sewage discharged into the sewer system from each such establishment
shall be and are hereby imposed on a flat-rate basis per quarter annum
for each such commercial establishment, industrial establishment or
educational establishment. Beginning January 1, 2008, the flat-rate
sewer rental or charge for each improved property constituting a commercial
establishment, an industrial establishment or an educational establishment
shall be $130 per quarter annum. The flat rate for such sewer rentals
or charges may be amended and may be set by resolution of the Borough
Council.
C.
Metered rates for commercial establishments, industrial establishments
and educational establishments.
(1)
Where any improved property constituting a commercial establishment
or an industrial establishment or an educational establishment has
any part of the volume of the water usage of such establishment metered
by the supplier of the water, the sewer rentals or charges for sanitary
sewage discharged into the sewer system from any such establishment
shall be and are hereby imposed on a metered rate to be computed in
accordance with the metered rate Schedule, which shall be billed on
a quarter-annual basis for each such establishment. For the metered
rate Schedule, a quarterly base amount shall be established for specified
ranges of water usage. For the metered rate Schedule, a multiplier
factor shall be established in a dollar amount or a fraction of a
dollar amount for the same specified ranges of water usage. In making
the initial calculation under the metered rate Schedule, the multiplier
factor shall be multiplied by each 1,000 gallons of water and each
portion of 1,000 gallons of water used by or for each said establishment
in excess of the lowest water usage amount stated for the applicable
usage range. The metered rate to be paid by or for each improved property
constituting a commercial establishment, an industrial establishment
or an educational establishment shall be the base amount plus the
amount established by the multiplier factor in accordance with the
total number of gallons of water used by or upon such establishment
during the quarter. The metered rate Schedule, the base amount, the
multiplier factor and any other rate, rental or charge hereunder may
be amended and may be set by resolution of the Borough Council. Beginning
January 1, 2008, and continuing until amended by resolution, the Minimum
Rate Schedule for this subsection shall be as follows:
|
Water Used
(gallons)
|
Base Amount
|
Multiplier Factor
| |
|---|---|---|---|
|
Over 0 but not over 27,000
|
$130
|
$0
| |
|
Over 27,001 but not over 50,000
|
$130
|
$0.00325
| |
|
Over 50,001 but not over 999,999
|
$204.75
|
$0.00275
|
(2)
In the event a commercial establishment, an industrial establishment
or an educational establishment subject to the metered rate Schedule
obtains its water supply from more than one source, the owner of such
establishment shall install and maintain, at the owner's sole
cost and expense, a water meter or meters satisfactory to the Borough
on all such sources of water supply. The quantity of water used to
determine the sewer rentals or charges under this subsection shall
be the sum of the quantities of water measured by all such meters
subject to the Minimum Rate Schedule as stated above.
D.
The Borough may make additions and changes. Additional classifications
and sewer rentals or charges therefor or modifications of the schedules
of sewer rentals or charges may be adopted and promulgated by this
Borough from time to time as they shall be deemed necessary.
A.
The discharge of stormwater runoff to the sewer system is prohibited.
B.
All persons connecting to the sewer system shall provide adequate
means for excluding stormwater runoff in the event the connection
is made to the sanitary sewer.
C.
No person connected to the sewer system shall connect any roof drain
or foundation drain thereto or permit any such drains to remain connected
thereto, nor shall be permit, allow or cause to enter into the sewer
system any spring water or surface water from any other source.
D.
The provisions of this article do not prohibit the present or future
discharge of stormwater runoff to storm sewers or to natural watercourses
within the Borough.[1]
[1]
Editor's Note: Original Section 6, Industrial Wastes, Section 7, Unacceptable Sanitary Sewage and Industrial Wastes, and Section 8, Measuring Volume of Industrial Wastes for Industrial Establishments, which immediately followed this section, were deleted 4-13-1998 by Ord. No. 432. Industrial wastes and other discharges shall now be regulated pursuant to Ord. No. 407. (See Article IV of this chapter.)
A.
Sewer rentals or charges imposed by this article shall be payable
quarterly.
B.
All bills based on a flat rate shall be mailed at the end of the
month preceding the quarter for which the bill covers. All bills based
on a metered rate shall be mailed at the end of each calendar quarter
in which the most recent meter reading was taken.
[Amended 7-10-2000 by Ord. No. 456]
C.
Sewer rentals or charges shall be due and payable immediately after
mailing or delivery of the bill therefor by or in behalf of Dallastown
Borough to the person responsible for payment thereof. If sewer rentals
or charges are paid within 30 days after the mailing date of the bill
for the same, the face amount of the bill shall be payable. Sewer
rentals or charges that remain unpaid after 30 days after the mailing
date of the bill for the same shall bear interest at the rate of 10%
per annum beginning on the 31st day following the mailing date of
the bill for the same until paid in full, by Sheriff or otherwise.
If sewer rentals or charges remain unpaid after 30 days after the
mailing date of the bill for the same, a penalty of 10% is hereby
imposed and will be added on the 31st day following the mailing date
of the bill for the same, until full payment is made, by Sheriff or
otherwise. All court costs and expenses, together with reasonable
attorney's fees, incurred in the enforcement, defense, collection
or other action upon sewer rentals or charges shall be added to the
same. All interest, penalties, costs, expenses and attorney's
fees shall be part of and added to the lien on the improved property
connected to and served by the sewer system as imposed by this article.
Payment made or mailed and postmarked on or before the last day of
the period during which bills are payable at the face amount thereof
shall constitute payment within such period. If the last day of such
period shall fall on a legal holiday or on a Sunday, payment made
on or mailed and postmarked on the next succeeding business day which
is not a legal holiday shall constitute payment within such period.
[Amended 6-12-1995 by Ord. No. 416; 7-10-2000 by Ord. No. 456]
D.
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 or 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; provided, however, that in making such proration, a fraction
of a month amounting to 1/2 or more of a month shall be counted as
a full month and a fraction of a month amounting to less than 1/2
of a month shall be disregarded.
E.
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 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 said bills shall
be payable at the face amount thereof.
[Amended 8-12-1985 by Ord. No. 372; 3-9-1987 by Ord. No. 380; 6-12-1995 by Ord. No. 416]
Sewer rentals or charges imposed by this article 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 not paid within
six months after the beginning of each quarterly billing period 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 York County, Pennsylvania, and shall be collected
in the manner provided by law for the filing and collecting of municipal
claims.
No meter for measurement of either water or sewage shall be installed in any improved property until a plan for such installation shall be submitted to this Borough 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 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 is installed shall be responsible for its maintenance and safekeeping and all repairs thereto shall be made at such owner's expense, whether such repairs are 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 after completion of such repairs, shall be collected in the same manner as sewer rentals or charges and shall constitute a lien upon the improved property upon which such meter or other measuring device is installed. This Borough shall be responsible for the reading of all meters. In the case of industrial establishments where, in the opinion of this Borough, it is not necessary to install a meter or meters, measurements of the discharge to the sewer system shall be made quarterly by this Borough and the measurements so made shall be used for determining the sewer rental or charge for the applicable quarter annum. Any person dissatisfied with the sewer rental or charge so determined may, at his sole cost and expense, install a meter or meters as provided in Article IV.
The funds received by the Borough from the collection of the
tapping fees or connection charges or from sewer rentals and charges
and all penalties thereon as herein provided for any fines collected
by the Borough in connection with the sewer system shall be segregated
and kept separate and apart from all other funds of the Borough and
shall be used only for the purpose of defraying the expenses of the
Borough in the operation, maintenance (including insurance), repair,
alteration, inspection, depreciation or other expenses in relation
to such sewer system and for such payments as the Borough may be required
to make under any lease or agreement it may enter into for and of
or in connection with said sewer system with the Authority, in accordance
with the provisions of the Act of May 2, 1945, P.L. 382, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 301 et seq.
The 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 article.
[Amended 4-13-1998 by Ord. No. 432]
Any person who shall violate any of the provisions, rules, regulations
or requirements set forth in this article shall, upon conviction for
a first offense and for each subsequent offense, be punishable by
a fine of not more than $600, plus costs of prosecution, and in default
of payment of such fine and costs by imprisonment for not more than
30 days. Each three-month period during which a violation continues
shall be deemed and taken to be a separate offense and punishable
as such. All fines and penalties shall be paid to the Borough.
It is hereby declared that the enactment of this article is
necessary for the protection, benefit and preservation of the health,
safety and welfare of the inhabitants of this Borough.
