[Adopted 11-17-1952[1]]
[1]
Editor's Note: This ordinance appeared in Ch. XV, Part 1,
of the 1953 Code of Ordinances.
The existing sewers, and those sewers to be erected in the future
in the Borough of Middletown, Dauphin County, Pennsylvania, are hereby
included in and made part of the system of sewers heretofore established
by ordinance of the Borough of Middletown.
[Amended 7-11-2005 by Ord. No. 1194, approved 7-11-2005]
The system of sewers heretofore established and constructed is now available to owners of improved property in said Borough, and each and every owner of such property is hereby required to connect such property with such system of sewers and to use the same without delay. Each and every owner of improved property abutting on the existing sewers which is not already connected to said existing sewers is hereby required to connect such property with said system of sewers and to use the same. With respect to sewer connections and the Plumbing Code, the code adopted in § 114-1 herein shall be enforced by the Code Enforcement Officer.
[Added 6-8-1959 by Ord.
No. 382, approved 6-8-1959; amended 3-11-1965 by Ord. No. 481, approved 3-11-1965; 1-11-1982 by Ord. No.
810, approved 1-11-1982; 4-1-1991 by Ord. No.
1014, approved 4-1-1991; 12-3-2001 by Ord. No.
1145, approved 12-3-2001]
A sewer connection permit shall be required for permission to
connect to the sewer system located within the Borough of Middletown.
Said permit for connection to the sewer system shall be obtained from
the office of the Code Enforcement Officer.
As, from time to time, sewer service becomes available to additional
properties within the Borough of Middletown by reason of the improvement
of properties adjoining or adjacent to the system of sewers therein
where said system of sewers in the properties adjoining does not meet
the specifications required by the Act of 1937, P.L. 1987, as amended
by the Act of 1945, P.L. 435, known as the "Clean Streams Law of Pennsylvania,"[1] or by reason of the construction of extensions to the
system of sewers therein so as to make sewer service available to
such additional improved properties, each and every owner of any such
additional improved property shall likewise be required to connect
such property with such system of sewers and to use the same without
delay.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
[Added 6-9-1958 by Ord.
No. 373, approved 6-9-1958; amended 5-9-1966 by Ord. No. 501, approved 5-9-1966; 4-6-1987 by Ord. No.
943, approved 4-6-1987; 3-1-2004 by Ord. No.
1173, approved 3-1-2004]
A.
Where the collection system of sewers abuts on the property of the
applicant, the Borough shall provide a house connection line from
the collection system in the street to the curbline of the property
owner at the expense of the property owner. Connections from the house
connection to the curbline shall be the responsibility of the property
owner. No sewerage connection nor sewerage line shall be run from
any collection system in the street, lanes or highways in the Borough
of Middletown to any abutting property unless and until said owner
of the property abutting on said system of sewers shall first secure
a permit from the Borough of Middletown and pay to the Borough a connection
fee in an amount as set forth in a fee schedule established by a properly
adopted resolution of the Council of the Borough of Middletown.
B.
Certain work required for sewer service shall be performed by a private
contractor, at the determination of the Borough, when conditions require.
Such work may include, but is not limited to, sewer service connections
to mains under state-owned highways and roads, connections at a depth
greater than eight feet, connections that require bypass pumping prior
to connection, or any other situation where the Borough does not have
adequate manpower, time or equipment to accomplish such work.
[Added 6-4-2001 by Ord.
No. 1139, approved 6-4-2001; amended 3-1-2004 by Ord. No. 1173, approved 3-1-2004; 8-7-2006 by Ord. No.
1212, approved 8-7-2006]
Sidewalks, curbs, and other public property disturbed between
the structure served by the sewer lateral and the curbline in the
course of installation of a sewer lateral shall be restored in a manner
satisfactory to the Borough at the cost and expense of the property
owner whose property is being connected to the sewer main. The Borough
shall bear the expense of restoring any public property from the curbline
to where the sewer lateral connects to the sewer main.
[Added 5-9-1966 by Ord.
No. 501, approved 5-9-1966; amended 6-4-2001 by Ord. No. 1139, approved 6-4-2001; 8-7-2006 by Ord. No.
1212, approved 8-7-2006]
A.
It shall be the duty of the property owner to clean out or, if necessary,
repair and replace sewer laterals that malfunction for any reason
whatsoever. Malfunctions include, but are not limited to, the growth
of trees or roots of trees into the sewer lateral, age or decay of
the sewer lateral, or the settling of the ground around the sewer
lateral. The property owner shall be responsible for any and all cleanout
and maintenance of the sewer lateral from the sewage drainage system
of any structure to where said sewer lateral connects to the sewer
main. In addition, the property owner shall be responsible for the
repair or replacement of sewer laterals from the sewage drainage system
of any structure to the curbline. The Borough shall be responsible
for the repair and replacement of sewer laterals from the curbline
to where said sewer lateral connects with the sewer main.
B.
In instances where more than one dwelling unit is serviced by one
sewer connection line which needs to be replaced, the property owners
whose property is serviced by the connection shall replace said connection
line by connecting a separate connection line to each property. The
cost for installing the new connection lines shall be allocated amongst
each property owner in proportion to the length of the sewer lateral
that serves each separate structure.
C.
All sewer laterals shall be inspected upon the sale or transfer of
any property within the Borough. It shall be the duty of all parties
to the transfer to insure the proper inspection of the sanitary sewer
system.
[Added 5-9-1966 by Ord.
No. 501, approved 5-9-1966]
If the property owner shall fail to make the repairs, replacements
or cleanout of the lateral or collection sewers after three days'
notice by certified mail to do so, then and in that event the Borough
may make said repairs, replacements or cleanouts, either by its agents,
servants or employees or by contract to the lowest responsible bidder,
and may collect the cost thereof from the abutting property owner
by filing a municipal lien against said abutting property or by assumpsit,
or by either or both remedies at the election of the Borough.
[Added 6-9-1958 by Ord.
No. 373, approved 6-9-1958]
After said connection fee has been paid and the permit issued
by the Borough, no connection shall be made to the system of sewers
of the Borough of Middletown until an inspection has been made of
the proposed connection by the proper Borough employee, nor shall
any ditch, trench or excavation dug for the purpose of making the
connection to the system of sewers of the Borough of Middletown be
covered or filled in prior to said inspection. In the event that said
excavation, ditch or trench is filled in without inspection, the proper
officers of the Borough of Middletown may require the opening of said
line before connection to the system of sewers of the Borough of Middletown
is permitted.
[Added 6-9-1958 by Ord.
No. 373, approved 6-9-1958]
From and after the passage of this article, capital additions
to the system of sewers of the Borough of Middletown shall only be
made under the authority of this section. Said capital additions will
be made by the Borough at the cost to the abutting property owners
by a front-foot assessment to be established by the Borough Engineer
after the capital improvement has been completed. When the Borough
Engineer has certified that the capital additions have been completed
by the filing of said completion certificate with the Borough Secretary,
which certificate shall include all assessable costs and all assessable
front feet, the Borough Council shall then determine the amount of
the assessable front feet which shall be charged against the abutting
property owners, which said sum shall not exceed the actual costs
of erecting or extending the sewer mains, including engineering and
legal fees, if any, and costs of printing and advertising, and shall
equitably assess the costs against each and every property abutting
the line of the improvement, making allowances for corner lots and
lots of irregular shape where the assessment for the full frontage
would be unjust.
[Added 6-9-1958 by Ord.
No. 373, approved 6-9-1958; amended 2-12-1962 by Ord. No. 430, approved 2-12-1962; 4-6-1987 by Ord. No.
943, approved 4-6-1987]
Any person making any connection to the system of sewers of the Borough of Middletown without having first secured a permit and paid the connection fee or who shall close said excavation, ditch or trench before inspection of said connection shall be punished as provided in § 226-14 of this article and the connection heretofore made may be disconnected by the proper Borough employee without any notification to the offending property holder.
[Amended 10-11-1982 by Ord. No. 835, approved 10-11-1982]
If, after the expiration of three months from the date of completion of the construction by the Borough of Middletown of the system of sewers or any extension thereof or after the expiration of three months from the date sewer service becomes available to additional improved properties as provided in § 226-4, any owner of improved property adjacent to the system of sewers therein shall have failed to connect such property therewith as required by § 226-2 or 226-4 of this article, the Borough of Middletown may give such owner 45 days' notice that connection to such system of sewers is required by this article, either by personal service or by certified mail sent to the last known address of such owner, and upon failure of such owner to make the required connection within a further period of 30 days, the Borough of Middletown or its agent or agents may enter upon the property and construct said connection. In such case, the Borough of Middletown shall forthwith, upon completion of the work, send an itemized bill of the cost of construction of said connection to the owners of the property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal of the owner of such property to pay said bill, the Borough of Middletown shall file municipal liens or bring an action of assumpsit for such construction within six months from the date of completion of construction of such connection, the same to be subject, in all respects, to the general law providing for the filing and recovery of municipal liens and assumpsit actions.
[Amended 10-11-1982 by Ord. No. 835, approved 10-11-1982; 4-6-1987 by Ord. No.
943, approved 4-6-1987]
If, after the expiration of three months from the date of completion of the construction of the system of sewers or extensions thereof in the Borough of Middletown or after the expiration of three months from the date sewer service becomes available to additional improved properties as provided in § 226-4, any owner of improved property adjacent to the system of sewers or any extension thereof shall have failed to connect such property thereto as required by § 226-2 or 226-4 of this article, the Borough of Middletown may give such owner 60 days' written notice that connection to such system of sewers or any extension thereof is required under this article, either by personal service or by certified mail sent to the last known address of such owner, and, if such owner shall have failed to make the required connection within a further period of 30 days, such failure shall be and is hereby declared a violation of this article, and such owner shall, upon conviction thereof, be punished as provided in § 226-14 of this article.
A.
At the expiration of three months from the date of the construction
of the system of sewers or any extension thereof in the Borough of
Middletown, it shall be unlawful for any person, firm or corporation
to own, maintain, operate or use within the Borough of Middletown
a privy, cesspool, septic tank or like receptacle for human excrement
upon any property now or hereafter improved adjoining or adjacent
to the system of sewers or any extension thereof or to connect any
such privy, cesspool, septic tank or like receptacle with such system
of sewers or any extension thereof.[1]
B.
Any person, firm or corporation violating Subsection A of this section, after 60 days' notice to that effect has been given by the Borough of Middletown by certified mail sent to the last known address or by personal service, shall, upon conviction thereof, be punished as provided in § 226-14 of this article.
[Amended 10-11-1982 by Ord. No. 835, approved 10-11-1982; 4-6-1987 by Ord. No.
943, approved 4-6-1987]
[Added 5-2-1988 by Ord.
No. 969, approved 5-2-1988; amended 6-4-2001 by Ord. No. 1139, approved 6-4-2001; 8-7-2006 by Ord. No.
1212, approved 8-7-2006]
In instances where more than one dwelling unit is serviced by one sewer connection line, at no time shall an owner of any one of the dwelling units be permitted to have the sewer connection line disconnected without obtaining written permission from the owner(s) of the other dwelling units serviced by this sewer connection line. This written permission will have to be submitted to the Borough at the time an application is completed for a new sewer connection line. Whenever repairs of the common sewer line are required, the owners of the common sewer line shall replace the common sewer line pursuant to the provisions of § 226-6B.
[Added 12-3-2007 by Ord.
No. 1228, approved 12-3-2007]
There shall be one sewer connection per property, parcel, or
lot. In instances where more than one dwelling unit is serviced by
one common sewer connection line, upon the subdivision of said dwelling
units, pursuant to this Code, each dwelling unit shall maintain a
separate sewer connection; installation of which shall be a condition
of subdivision and cost of which shall be borne by the property owners.
In those cases where two adjoining properties share a common sewer
connection line, upon substantial repair or upgrade of the sewer service,
lateral, water service, or plumbing in either property, a separate
sewer connection shall be installed, the cost of which shall be borne
by the property owners.
[Added 4-6-1987 by Ord.
No. 943, approved 4-6-1987; amended 7-11-1988 by Ord. No. 972, approved 7-11-1988]
Any person who shall violate or fail to comply with any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine not exceeding $1,000, plus costs of prosecution, and, in default
of payment of such fine and costs, to imprisonment for a term not
exceeding 30 days.
[Added 4-13-1959 by Ord.
No. 380, approved 5-11-1959; amended 7-13-1964 by Ord. No. 471, approved 7-13-1964]
A.
Determination of sewer rents.
(1)
The sewer rent for collection and treatment of sanitary sewage discharged into the sewer system by all dwellings and establishments, with the exception of government-owned facilities for which a separate contract will be negotiated, will be based upon the amount of water consumed as determined from meter readings of the Middletown Water Department and shall be computed pursuant to Subsection B below.
(2)
In cases where dwellings and establishments using the sewer system have sources of water supply other than or in combination with water supplied by the Middletown Water Department, the measured flow shall be used as the basis for the computation of the sewer rent pursuant to Subsection B below.
(3)
In case two or more dwellings, flats, apartments, stores or offices or two or more families in one dwelling unit have the use of the sewer system through one sewer lateral, each and every dwelling, flat, apartment, store or office shall be charged the minimum charge, the same as if each such unit or family has a direct and separate connection to the sewer system. The charge in excess of such minimum shall be determined by dividing the total water consumed, as shown by the meter readings, by the number of units or families using a single sewer connection and applying the rate schedules set forth in Subsection B below to the quantity so determined.
B.
Computation and time of payment of sewer rent and penalties.
[Last amended 8-18-2014 by Ord. No. 1303, approved 8-18-2014]
(1)
The sewer rent imposed under Subsection A above shall be on a monthly basis for all users. All billings shall be in arrears.
(2)
The sewer rentals, rates and charges imposed under Subsection A above shall be computed as follows:
|
Sewer Service Rate Schedule
|
|---|
|
Customer charge: $15 per month, increasing to $16 in 2015 and
$17.20 in 2016
|
|
Uniform volumetric charge: $1.515 per 100 gallons per month,
increasing to $1.540 in 2015 and $1.550 in 2016
|
(3)
A penalty of 10% will be charged on all bills for sewerage service,
except bills covering services rendered to the Commonwealth of Pennsylvania
or any department or institution thereof or to municipalities or school
districts, if not paid by the due date. In the case of bills rendered
to the commonwealth or any department or institution thereof or to
municipalities or school districts, a period of 30 days shall be allowed
during which the bills are payable without the penalty of 10%. If
the bill is not paid within five days after the 10% penalty has been
invoked hereunder, the Borough, upon five additional days' notice,
in writing, to the consumer, may shut off the water service until
all moneys to the Borough for sewerage service have been paid. In
the interpretation of this rule, payment by mail will be accepted
with a discount or at face, provided that it bears a postmark date
within the period prescribed.
(4)
Users must give the Borough their correct address. Failure to
receive bills will not be considered an excuse for nonpayment nor
permit an extension of the period during which bills are payable with
a discount or at face.
(5)
Lower Swatara Township.
(a)
The Borough, the Borough Authority, Lower Swatara Township and
the Municipal Authority of Lower Swatara Township have entered into
an agreement with a twenty-five-year term that requires the Borough
and Borough Authority to provide sanitary sewer service to a portion
of Lower Swatara Township, and further, Lower Swatara Township and
the Municipal Authority of Lower Swatara Township agree to participate
with the Borough and Borough Authority in the cost of assembly, renovation,
maintenance and operation of that portion of the sanitary sewer collection
system that benefits Lower Swatara as well as a proportionate part
of the publicly owned treatment works.
(b)
Pursuant to the intermunicipal agreement between the parties,
a portion of the capacity of the publicly owned treatment works shall
be placed in reserve for use by Lower Swatara Township.
(c)
Pursuant to the intermunicipal agreement between the parties,
Lower Swatara Township shall be billed for wastewater treatment.
(6)
Royalton Borough.
(a)
The Borough, the Borough Authority, Royalton Borough and the
Royalton Borough Authority have entered into an agreement that requires
the Borough and Borough Authority to provide sanitary sewer service
to Royalton Borough, and further, Royalton Borough and the Royalton
Borough Authority agree to participate with the Borough and Borough
Authority in the cost of assembly, renovation, maintenance and operation
of that portion of the sanitary sewer collection system that benefits
Royalton as well as a proportionate part of the publicly owned treatment
works.
(b)
Pursuant to the intermunicipal agreement between the parties,
a portion of the capacity of the publicly owned treatment works shall
be placed in reserve for use by Royalton Borough.
(c)
Pursuant to the intermunicipal agreement between the parties,
Royalton Borough shall be billed for wastewater treatment.
C.
Delinquent sewer rents and liens. All sewer rents, together with
all penalties thereon, not paid on or before the end of one year from
the date on which such bill was rendered shall be deemed to be delinquent.
All delinquent sewer rentals and all penalties thereon shall be a
lien on the property served and shall be entered as a lien against
such property in the office of the Prothonotary of Dauphin County
and shall be collected in the manner provided by law for the filing
and collection of such liens.
D.
The Borough's sewer rental charges are based upon metered water consumption
regardless of whether the water is used, wasted, or lost by leakage
or poor plumbing maintenance. In cases where Borough officials can
determine through an investigation that: water which passed through
a water meter was subsequently lost by a leak in the building plumbing
system, that the leak could not have been reasonably known to the
property owner or occupant, no portion of the water lost by the leak
entered into the Borough's sanitary sewer system; and the applicant
for the refund can prove that the leak has been repaired in accordance
with Borough Codes, then the Finance Director is authorized to issue
a credit on the customer account, in an amount determined as reasonable
in the sole judgment of the Finance Director. The Finance Director
is authorized to develop a written policy for the method of investigation
and determination of such leaks, as well as a form to request credit.
The credit shall be determined by the Finance Director based upon
an estimation of historic sewer rental. However, in all cases, the
period of adjustment shall not occur in more than two billing periods,
and adjustments of this type cannot occur for any customer more than
once in any twelve-month period.
[Added 6-3-2008 by Ord.
No. 1236, approved 6-3-2008]
E.
In such cases where the applicant for the refund can provide acceptable
assurances that water which passed through a water meter was used
for a swimming pool or spa, that such water use was in excess of 500
gallons in one billing period, and that no portion of the water used
entered into the Borough's sanitary sewer system, then the Finance
Director is authorized to issue a credit on the customer account in
an amount determined as reasonable in the sole judgment of the Finance
Director. The Finance Director is authorized to develop a written
policy for the method of investigation and determination of such use,
as well as a form to request credit.
[Added 6-3-2008 by Ord.
No. 1236, approved 6-3-2008]
