[Amended 4-12-1999 by Ord. No. 99-4; 12-30-2003 by Ord. No. 03-4; 12-29-2005 by Ord. No. 05-10; 12-27-2007 by Ord. No. 07-03; 1-15-2009 by Ord. No. 09-04; 1-3-2012 by Ord. No. 12-03; 12-19-2014 by Ord. No. 13-12; 4-16-2015 by Ord. No. 15-05; 1-4-2016 by Ord. No. 16-02; 1-3-2017 by Ord. No. 17-02; 6-15-2017 by Ord. No. 17-03; 12-22-2022 by Ord. No. 22-12]
1.
All owners or occupants of property connecting with the Borough's
sewer lines and public sewage system, and all property owners or occupants
who may hereafter connect with and use the same, shall pay annual
sewer rentals or charges in regular installments on the same schedule
as water usage is invoiced based upon the quantity of water used on
or in said premises, as the same is measured by water meters in use
or required to be installed, for the use of such sewage facilities,
based upon the following rate schedule.
A.
Rates based on water usage.
(1)
The sewer charges, as stated in § 18-301, shall be based upon the quantity of water used on or in such premises by the owner of the premises or sewer users who occupy same, as the water usage is measured by a water meter installed or to be installed on or in said premises and payable in installments on the same schedule as water usage is invoiced. The Borough shall charge a consumption fee per thousand gallons of water consumed, which shall be set on an annual basis and posted on the fee schedule, which may be amended by resolution from time to time.
(2)
ALCOSAN also imposes a consumption fee per thousand gallons
of water consumed, which shall be directly passed on to the customer,
and posted on the fee schedule for reference.
2.
Payment of charges. Sewer rentals or charges shall be paid in accordance
with billings for water and sewer services.
3.
All owners of property who are connected with the Borough's
sewer and public sewage system and all property owners who may thereafter
connect with and use the same and have private springs and wells which
are unmetered for water, said owners shall install a correctly calibrated
water meter for the measurement of water usage in or upon said premises
within 60 days of the effective date of this section. All said owners
shall apply for installation of a water meter to the Hampton-Shaler
Water Authority before the water meters are installed within the above
time period. The unmetered rate as hereinabove stated shall be applicable
for sewer charges herein imposed until said meters are installed and
are begun to be read for the measurement of water usage by the Authority.
The meters that are installed shall begin to be read by the Authority,
beginning with the first month which next follows the installation
of the meter.
4.
The Hampton-Shaler Water Authority shall provide direct billing to
all commercial and industrial owners and/or users of the Borough of
Sharpsburg's sewage system for all effluent and surcharge fees
and costs paid by the Borough to ALCOSAN as a result of those commercial
and industrial owners and/or users exceeding ALCOSAN's high-strength-loading
surcharge parameters which is part of ALCOSAN's high-strength-loading
surcharge program. Any commercial, industrial and/or sewage user who
fails or refuses to pay the amount due to the Authority as stated
in this section shall be subjected to civil and/or criminal prosecution
as authorized by law.
5.
Service charge.
A.
There shall be a customer service charge imposed by the Borough for
each sewer account. The amount of the charge is set annually and included
on the fee schedule, which may be amended by resolution from time
to time.
B.
ALCOSAN also imposes a monthly service charge, which shall be passed
directly to the customer. The ALCOSAN fee will be reflected on the
Borough's comprehensive fee schedule for reference.
[Amended 4-12-1999 by Ord. No. 99-4; 12-22-2022 by Ord. No. 22-12]
1.
Delinquent accounts. If sewer charges are not paid within 30 days
after the due date, the sewer charges shall be deemed delinquent,
and the Borough shall issue a delinquency notice to the property owner
or occupant, or if sewer invoicing is completed by a third party,
their policies shall apply.
2.
Penalty for late payment. All sewer charges that become delinquent
shall be subject to a 10% penalty. If not paid within 60 days after
the due date, the sewer charges, plus penalty, shall bear interest
at the rate of 1% per month, or a fraction thereof, until paid. All
costs and expenses incurred by the Borough for collection shall be
added to the sewer charges. If sewer invoicing is completed by a third
party, their policies shall apply,.
3.
Delinquent charges constitute lien. Delinquent sewer charges shall
constitute a lien on the property and may be collected in any manner
provided by law.
4.
Termination of water service. If a property owner or occupant fails
to pay the sewer charges within 60 days after the due date, the Borough
may shut off the water supply to the premises until all overdue rentals,
rates and charges, together with any penalties, costs and interest
thereon, are paid. Before terminating water service, the Borough shall
give the property owner or occupant 10 days' written notice by
mail of an intention to shut off the water supply to the premises
and, in addition, shall post a written notice at a main entrance to
the premises.
5.
Hearing. If during such ten-day period, as stated in § 18-302, Subsection 4, the property owner or occupant delivers to the Borough a written statement declaring, under oath or affirmation, that he has a just defense to the claim or a part of it for such charges, the water supply shall not be shut off until the claimant has been afforded a hearing conducted by the Borough Secretary. The statement also shall contain a declaration, under oath or affirmation, that it was not executed for the purpose of delay. The Borough Secretary or his or her agent shall conduct the hearing within 15 days of receipt of the written statement and shall notify the property owner or occupant, in writing, of the result of his or her decision. In deciding whether to terminate the water supply, the Borough Secretary or his or her designated agent shall consider the following:
A.
The payment history of the person relative to delinquent sewer charges.
B.
Prior notices of delinquency.
C.
Promptness of the property owner or occupant in responding to the
notice of delinquency.
D.
Other criteria bearing on the general welfare of the Borough.
E.
The financial hardship that might be created.
6.
Costs. Any person whose water supply is terminated due to delinquent
sewer charges shall pay all costs incurred by the Borough in shutting
off and turning on the water supply.
No person shall take any action or do or cause to be done anything
in violation of any provision of the Federal Water Pollution Control
Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251
et seq., or of any regulation promulgated by the United States Environmental
Protection Agency pursuant thereto.
No person shall take any action or do or cause to be done anything
in violation of any rule or regulation of ALCOSAN or of laws, ordinances,
rules or regulations of the Commonwealth of Pennsylvania, the County
of Allegheny, the Ohio River Valley Water Sanitation Commission or
the Borough pertaining to sewage discharge, introduction or treatment.
[Amended 2-21-2013 by Ord. No. 13-05]
Any person, firm or corporation who shall violate any provision
of this part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this part continues or each section
of this part which shall be found to have been violated shall constitute
a separate offense.
All persons applying for a permit to use, or who are using or
appear to be using, directly or indirectly, legally or illegally,
the public sewer system, including, but not limited to, the public
sewage treatment disposal plants, pumping stations, public sewer lines
and public trunk line sewers of the Borough or ALCOSAN facilities,
shall consent to the Borough's duly appointed representative or agent
thereof entering, inspecting and performing any tests in any such
building or premises at all reasonable times for the purpose of ascertaining
the use or uses made or being planned and whether the same are in
accordance with the provisions of this part.
Nothing in this part shall limit in any manner whatsoever the
Borough's right to enforce any ordinance or law of the Borough, the
County of Allegheny, the Commonwealth of Pennsylvania, or the United
States of America. Nothing in this part shall be a defense to any
citation issued by Allegheny County, the Commonwealth of Pennsylvania,
or the United States of America.
