Township of East Pennsboro, PA
Cumberland County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. 295-75, 7/29/1975, § 1; as amended by Ord. 335-77, 8/30/1977, § 1-b; by Ord. 471-88, 12/29/1988, § 1; by Ord. 538-94, 5/3/1994, § 1; and by Ord. 757-2009, 7/1/2009]
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this Part shall be as follows:
AUTHORITY
The East Pennsboro Township Authority, a municipality authority of the Commonwealth of Pennsylvania, existing under provisions of the Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382, 53 P.S. § 301 et seq., as amended and supplemented, of the Commonwealth of Pennsylvania.
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 Wastewater published by the American Public Health Association, Inc.
COMMERCIAL ESTABLISHMENT
Any improved property used, in whole or in part, for sale and/or distribution of any product, commodity, article or service.
EQUIVALENT DWELLING UNIT
The volume of sewage which is equivalent to the average amount of water consumed by a single residential establishment or zero to 2,000 cubic feet of water per quarter. The minimum number of "equivalent dwelling units" assigned to a nonresident establishment, regardless of water consumption, is one. For nonresident establishments, which consume water in excess of 2,000 cubic feet per quarter, "equivalent dwelling units" will be calculated by dividing the amount of water consumption by 2,000 cubic feet which will equal additional "equivalent dwelling units" or fractions thereof.
IMPROVED PROPERTY
Any property on 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 is or may be discharged.
INDUSTRIAL ESTABLISHMENT
Any premises used wholly or in part for the manufacture, processing, cleaning, laundering or assembly of 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.
NONRESIDENTIAL ESTABLISHMENT
Any improved property not classified as a residential establishment.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
PERSON
Any individual, partnership, firm, company, association, society, corporation or other group or entity.
pH
The logarithm of the reciprocal of the concentration of hydrogen ions, expressed in moles per liter of solution, indicating the degree of acidity or alkalinity of a substance.
PPM
Parts per million by weight.
RESIDENTIAL ESTABLISHMENT
Any room, group of rooms, house trailer, enclosure, etc., occupied or intended for occupancy as separate living quarters by a family or other group of persons living together or by persons living alone, excluding institutional dormitories. "Residential establishment" is interchangeable with the term "dwelling unit."
SEWAGE
Normal water-carried household and toilet wastes from any improved property.
SEWER
Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes.
SEWER SYSTEM
All facilities for collecting, pumping, transporting, treating and disposing of sewage and/or industrial wastes constructed or acquired by the Township, including facilities of such type heretofore constructed, acquired and owned by East Pennsboro Township Authority and acquired therefrom by the Township.
SUSPENDED SOLIDS
Suspended solids as determined pursuant to the procedure set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, Inc.
TOWNSHIP
The Township of East Pennsboro, Cumberland County, Pennsylvania, acting by and through its Board of Commissioners.
WATER COMPANY
The Pennsylvania American Water Company or any other private or public water company providing water to sewered areas of the Township.
[Ord. 295-75, 7/29/1975, § 2; as amended by Ord. 321-76, 12/28/1976, §§ 1 to 4; by Ord. 470-88, 12/20/1988, § 1; by Ord. 471-88, 12/29/1988, § 2; by Ord. 689-2004, 12/29/2004; and by Ord. 757-2009, 7/1/2009]
1. 
Sewer rentals or charges are imposed upon and shall be collected from the owner of each improved property connected to the sewer system, whether such use shall be direct or indirect, in accordance with the following schedule of rates and classifications:
A. 
Residential Establishments.
(1) 
All owners of sewered residential establishments shall pay annual sewer rentals or charges in an amount as established from time to time by resolution of the Board of Commissioners. Each residential establishment in a double house, in a row of connecting houses, or in an apartment shall be billed as a separate entity.
(2) 
Sewer rentals or charges are imposed and shall be collected from the owner of each improved dwelling unit or equivalent dwelling unit connected to the sewer system, whether such use shall be direct or indirect, in accordance with the following schedule of rates and classifications: An initial sewer revenue charge in the amount as established from time to time by resolution of the Board of Commissioners which shall be paid when a subdivision plan receives final approval or an application is made for a building permit.
B. 
Nonresidential Establishments.
(1) 
All owners of sewered nonresidential establishments shall pay sewer rentals or charges based upon actual water consumption, with exceptions as hereinafter noted. All sewer rentals based upon water consumption shall be in an amount as established from time to time by resolution of the Board of Commissioners.
(2) 
The volume of water to be used for billing sewer rentals or charges to owners of nonresidential establishments connected to the sewer system shall include any and all water purchased from the water company and all water obtained from any other source (wells, streams, etc.) as determined:
(a) 
By meters installed and maintained by the water company.
(b) 
By meters installed and maintained by the Township.
(c) 
By meters maintained and installed by the owner of the nonresidential establishment, as approved by the Township.
(d) 
From estimates or measurements made by the Township.
(3) 
Exclusion from the sewer system of noncontaminated wastewaters may be required of a nonresidential establishment by the Township, or such exclusion may be optional with the owner if not required by the Township. When such wastewaters are excluded, or when any other portion of the water consumption of a nonresidential establishment does not reach the sewer system, sewer rentals shall be based upon total water consumption, less water excluded, at rates set forth under Subsection 1B(2) and, as may be applicable, as set forth in Subsection 1B(5). Water excluded shall be determined from meters installed and maintained by the owner as required and approved by the Township, from estimates made by the Township or the owner may elect to measure wastewater volumes actually discharged to the sewer system as hereinafter provided. The Township may require the owner of an industrial establishment, or the owner of an industrial establishment may elect to install, pay for, and maintain a meter approved by the Township for measuring quarterly wastewater volumes discharged to the sewer system, in which case sewer rentals shall be based upon the actual volume of wastewaters so metered at the rates set forth under Subsection 1B(1) and, as may be applicable, as set forth in Subsection 1B(5).
(4) 
Notwithstanding any other provisions contained herein, all owners of residential and nonresidential establishments connected to the sewer system shall be required to pay a minimum sewer rental in the amount as established from time to time by resolution of the Board of Commissioners.
(5) 
The owner of an industrial establishment discharging industrial wastes to the sewer system having an average five-day BOD greater than 200 milligrams per liter, and/or a suspended solids content greater than 240 milligrams per liter, and/or a total phosphorus content greater than 10 milligrams per liter shall pay a strength-of-waste surcharge, in addition to applicable volume charges, equal to 2/10 of 1% for each milligram per liter by which the BOD exceeds 200 milligrams per liter, a surcharge of 1/10 of 1% for each milligram per liter by which the suspended solids exceed 240 milligrams per liter, and/or a surcharge of 1% for each milligram per liter by which the phosphorus exceeds 10 milligrams per liter. Surcharges shall be applicable to all sewer rental billings. The strength of industrial wastes to be used for establishing the amount of surcharges shall be determined at least once annually either:
(a) 
By suitable sampling and analysis of the industrial wastes for three consecutive days during a period of normal plant operation.
(b) 
From estimates made by the Township.
(c) 
From known relationships of products produced to strengths of industrial wastes for those industries where such factors have been established.
In establishing industrial wastes strengths for surcharge purposes by analysis, analyses shall be made in accordance with procedures outlined in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, Inc. Owners of industrial establishments discharging sewage and/or industrial wastes to the sewer system shall furnish the Township, upon request, all information deemed essential by the Township for the determination of applicable sewer rental surcharges for excess strength wastes. The cost of obtaining such information shall be borne by the owner of the industrial establishment.
(6) 
Additional classifications and sewer rentals or modifications of the above schedule of sewer rentals may be established by the Township from time to time as deemed necessary.
C. 
Multiple Establishments. A separate sewer rental charge shall be made for each residential and/or nonresidential establishment located on the same improved property, regardless of whether or not the improved property is served by a single lateral or is under single ownership. Likewise, if a single building is being used as a residential establishment and also for a nonresidential use, a separate sewer rental charge shall be made for each type of use.
D. 
Annual Review. The user charges set forth herein shall be reviewed annually and shall be revised periodically, when necessary, to reflect actual operation and maintenance costs. Such records as are necessary to document compliance with requirements of a grant received from the United States Environmental Protection Agency shall be kept and made available, upon proper request, to appropriate agencies.
[Ord. 295-75, 7/29/1975, § 2A; as amended by Ord. 335-77, 8/30/1977, § 1-a; by Ord. 471-88, 12/29/1988, § 3; by Ord. 538-94, 5/3/1994, § 2; by Ord. 697-2005, 7/10/2005; by Ord. 733-2007, 2/21/2007; and by Ord. 757-2009, 7/1/2009]
1. 
Unless the context specifically and clearly indicates otherwise, the meaning of the terms used in this section shall be as follows:
COMMERCIAL
Any room, group of rooms, building or enclosure used or intended for use in the operation of one business enterprise for the sale and distribution of any product, commodity, article or service or used or intended for use for any social, amusement, religious, education, charitable or public purpose and containing plumbing facilities for kitchens, toilet or washing facilities.
EQUIVALENT DWELLING UNIT (EDU)
With regard to residential owner, is any room, group of rooms, house trailer, mobile home, enclosure, etc., occupied or intended for occupancy as separate living quarters for a family or other group of persons living together or by persons living alone. Design capacity required by a new residential customer is assumed to be 250 gallons per day (gpd), pursuant to the guidelines set forth in Act 57 for calculating residential flow contributions. An EDU for existing or proposed commercial and industrial sanitary sewer customers shall mean the unit rate of flow of sewage in multiples of 250 gpd discharged or to be discharged from the commercial or industrial sanitary sewer customer to the Township's sanitary sewer system, said amount to be based upon water consumed by the customer or upon the actual or estimated flow of sewage discharged or to be discharged to the Township's sanitary sewer system.
INDUSTRIAL
Any room, group of rooms, building or other enclosure used or intended for use, in whole or in part, in the operation of one business enterprise for manufacturing, fabricating, processing, cleaning, laundering or assembling from which any waste, as distinct from sanitary sewage, shall be discharged.
OWNER
Any individual, partnership, company, association, society, trust, corporation or other group or entirety within the Township of East Pennsboro.
PERSON
Any individual, partnership, company, association, society, trust, corporation or other group or entity.
RESIDENTIAL CUSTOMER
Any person owning or occupying a residential property which is connected to or entitled to connect to the sanitary sewer system of the Township of East Pennsboro and shall also include those persons developing property for residential dwellings that require multiple tapping fee permits.
TOWNSHIP
The Township of East Pennsboro, Cumberland County, Pennsylvania, a municipality.
2. 
No person shall connect any improved property with any part of the sewer system without first making application for and securing a permit, in writing, from the Township. Such application shall be made on a form to be provided by the Township.
3. 
There is hereby fixed and imposed a tapping fee upon the owner of each residential, industrial or commercial property (other than such owner who is subject to contractual or special agreements providing for payment of certain sums in lieu of a tapping fee) making any connection to the sewer system in the Township, regardless of whether such connection is direct or indirect, including changing the type of use of property previously connected or connecting one or more new uses of the types hereinafter referred to through an existing connection, and regardless of whether such property is connected separately or through one or more existing or new lateral or sewer connection or such collection line is owned by the Township or owned by any owner other than the Township. Such fee is based upon the fee schedule duly adopted herewith. The fee shall be in addition to any charges assessed against the customer in the construction of a sewer main, as well as any other user charge imposed.
A. 
Capacity Part Tapping Fee. The capacity part tapping fee is hereby fixed at the sum in an amount as established from time to time by resolution of the Board of Commissioners, provided however that the capacity part tapping fee for a residential connection constructed prior to the date of the enactment of this Part and served by an on-site septic system shall be in an amount as established from time to time by resolution of the Board of Commissioners. A detailed itemization of all calculations, showing the maximum fee allowable for the capacity part of the tapping fee and the manner in which the fee was determined, is attached hereto as Schedule A and hereby made part of this Part.[1]
[1]
Editor's Note: Schedule A is available for inspection in the Township office.
B. 
Collection Part Tapping Fee. Currently not applicable.
C. 
Special Purpose Part Tapping Fee. Currently not applicable, as the Township has not identified any special purpose facilities.
D. 
Reimbursement Part Tapping Fee. To be established by written agreement, from time to time, between the Township and such person at whose expense certain specific facilities were constructed.
4. 
Each EDU shall be charged separately even though two or more domestic units are or will be connected to either new or old collection lines through a single connection (a wye or a manhole). For nonresidential owners (commercial or industrial) the number of EDU's to be assigned to each owner shall be determined from the nature of the establishment and estimated and actual loads which may be or are discharged into said collection lines. Whenever actual loads exceed estimates, an additional tapping fee shall be charged.
5. 
Where any property connected to said collection line shall be converted, enlarged or remodeled or additional buildings shall be constructed on a property and connected indirectly to said collection line through an existing lateral, so as to create or establish additional uses as classified in Subsection 4 hereof, an additional tapping fee determined in accordance with Subsection 4 hereof for each such additional use shall be payable to the Township by the owner of said property.
6. 
The tapping fee imposed hereunder shall be in addition to:
A. 
Any connection fee, inspection fee or administrative fee imposed by the Township.
B. 
Any customer facilities fee imposed by the Township.
C. 
Any rental or other charges fixed, charged or imposed by the Township by reason of the use, or availability of use, of the sewer system by such property.
D. 
An inspection fee is hereby fixed at the sum in an amount as established from time to time by resolution of the Board of Commissioners; provided, however, connection construction prior to the enactment of this Part and served by an on-site septic system shall be in an amount as established from time to time by resolution of the Board of Commissioners.
7. 
All tapping fees shall be payable to the Township or to such officer or representative of the Township as shall be authorized, from time to time by ordinance of the Township, to accept payment thereof at the time application is made to the Township to make any such connection to the sewer system, as provided in Subsection 2, or upon the date when the Township shall connect any such improved property to the sewer system, at the cost and expense of the owner, when such owner shall have failed to make such connection as required by the Township pursuant to the provisions of this Part then in effect requiring such connection.
8. 
No capacity shall be guaranteed for a property owner until such time as the tapping fee has been paid in full, except as may otherwise be provided by written agreement by and between the Township and owner.
9. 
Payment of the tapping fee charged by the Township pursuant to this Part shall be enforced by the Township in any manner appropriate under laws at the time in effect.
10. 
The Township reserves the right, from time to time, to adopt modifications of, supplement to or amendments of this Part, and to revise and substitute, from time to time, Schedule "A," which shall be available for public inspection, to reflect appropriate amendments to the cost components, design capacity, or other elements of the required calculations of the tapping fee.
11. 
The terms and provisions of this Part shall become effective immediately. This Part shall not affect any existing agreements which relate to the subject matter of Act 203 of 1990.
12. 
The provisions of this Part shall be severable and if any provision or provisions shall be held to be unconstitutional, invalid or void, such provision or provisions shall not affect the validity of any of the remaining provisions of this Part. It is hereby declared that this Part would have been adopted if such unconstitutional, invalid or void provision or provisions had not been included herein.
[Ord. 295-75, 7/29/1975, § 3; as amended by Ord. 526-92, 12/15/1992, § 1]
1. 
Sewer rental charges set forth herein shall be effective for all bills rendered on January 1, 1976, and thereafter. Billings for unmetered improved properties shall be rendered quarterly on the first days of January, April, July, and October of each year. Billings for metered improved properties served by the water company shall be made on the same date as shall be applicable for billing in connection with the water company or as soon thereafter as practicable and shall cover the period since the immediately preceding meter reading. Billings based upon the volume of water measured or estimated other than by the water company shall be made quarterly and rendered on the billing date for unmetered improved properties or as soon thereafter as practicable and shall cover the period since the immediately preceding meter reading or immediately preceding estimate. Owners of property connected to the sewer system for only a portion of a calendar quarter shall pay a pro rata sewer rental for the period of time actually connected during the quarter.
2. 
All sewer rental billings shall be due and payable upon presentation and, if not paid within 30 days from the date of billing, a penalty of 10% shall be added. After 60 days, the unpaid bill plus the penalty shall bear interest from the due date at the rate of 1/2% per month until paid in full.
3. 
A service charge will be collected for all checks returned to the Township due to nonsufficient funds ("NSF") and the service charge will represent the service charge the Township is charged by financial institutions for the returned check.
[Ord. 295-75, 7/29/1975, § 4; amended by Ord. 599-98, 11/4/1988]
1. 
The Township reserves the right to refuse permission to connect to the sewer system, to compel discontinuance of use of the sewer system, or to compel pretreatment of wastewaters by any industry in order to prevent discharges deemed harmful, or to have a deleterious effect upon any portion of the sewer system. No wastewaters shall be discharged to the sewer system:
A. 
Having a temperature higher than 140° F.
B. 
Containing more than 100 ppm by weight of fats, oils, and grease.
C. 
Containing any gasoline, benzine, naphtha, fuel oil or other inflammable or explosive liquids, solids, or gases.
D. 
Containing any garbage that has not been ground by household-type or other suitable garbage grinders.
E. 
Containing any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solids or viscous substances capable of causing obstructions or other interference with proper operation of the sewer system.
F. 
Having a pH lower than 6.5 or higher than nine, or having any other corrosive property capable of causing damage or hazards to structures, equipment, or personnel of the sewer system.
G. 
Containing toxic or poisonous substances in sufficient quantity to injure or interfere with any wastewater treatment process, or constitute hazards to humans or animals, or to create any hazard in waters which receive treated effluent from the treatment plant constituting a part of the sewer system. Toxic wastes shall include, but not by way of limitation, wastes containing cyanide, chromium, copper, and nickel ions.
H. 
Containing noxious or malodorous gases or substances capable of creating a public nuisance.
I. 
Containing solids of such character and quantity that special and unusual attention is required for their handling.
J. 
Containing radioactive isotopes.
Suitable pretreatment facilities shall be installed to meet these requirements.
2. 
The Township reserves the right to require nonresidential establishments having large variations in rates of wastewater discharge to install suitable regulating devices for equalizing wastewater flows to the sewer system.
3. 
When directed by the Township, owners of industrial establishments shall install, pay for, and maintain a manhole and such other devices as may be approved by the Township to facilitate observation, measurement, and sampling of wastewaters discharged to the sewer system. The Township or its duly authorized representative shall, at all reasonable times, be permitted to enter upon any and all properties for the purpose of inspecting, observing, measuring, and sampling wastewaters discharged to the sewer system. The owner of any industrial establishment that desires to connect to the sewer system, or the owner of any industrial establishment which is connected to the sewer system who plans to change operations so as to materially alter the characteristics and volumes of wastewaters discharged to the sewer system shall notify the Township in writing at least 10 days before making such connections or changing its operations.
4. 
Owners of industrial establishments desiring to discharge industrial wastes to the sewer system shall obtain a permit from the Township to do so upon notification by the Township. Applications for a permit to discharge industrial wastes shall be accompanied by all information requested by the Township for the determination of industrial wastes volumes, characteristics, and constituents. The cost for obtaining such information shall be borne by the owner of the industrial establishment.
5. 
Nonresidential establishments shall install fine screens, grease or grit traps to remove husks, hulls, vegetable skins and peelings, threads, lint, grit, grease and any and all such materials found by the authority or the Township to overload, impair the efficiency of or cause difficulties in the operation of the sewers, pumping stations or treatment plant, or cause difficulties in maintaining required quality of treatment plant effluent.
6. 
No person shall discharge or cause to be discharged any stormwater, surface water, spring water, ground water, roof runoff, subsurface drainage, building foundation drainage, cellar drainage, drainage from roof leader connections and overflow or drainage from cesspools into any sewer.
7. 
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.
[Ord. 295-75, 7/29/1975, § 5, as amended by Ord. 379-80, 4/15/1980; and by Ord. 458-87-1, 11/4/1987, § 1]
Sewer rentals or charges imposed by this Part shall be a lien on the improved property connected to and served by the sewer system. Any such sewer rental 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 Cumberland County, Pennsylvania, and shall be collected in the manner provided by law for the filing and collecting of municipal claims. A 10% rate of interest shall be collected on all sewer rentals or charges from the date of filing of the lien therefore.