[Adopted 2-12-1985 by Ord. No. 79-1985]
The following words shall have the meanings
indicated below, unless the context clearly indicates otherwise:
Calculated by dividing total sewage waste flows under consideration
for the 90 days immediately preceding the date of calculation by the
Number 90.
The quantity of oxygen expressed in milligrams per liter,
utilized in 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.
With respect to single-family residential customers, each
residence connected to a sewage collection system shall be considered
a connection unit. With respect to multiple-family buildings, flats,
apartments, stores or offices having the use of the collection system
through one sewer lateral, each and every residential unit, flat,
apartment, store or office shall be considered a minimum of one connection
unit if each such unit had a direct and separate connection to the
collection system. For purposes of clarification, a shopping center
with 10 stores connected to a single lateral would be considered 10
connection units. With respect to a commercial establishment connected
to a separate lateral, each such establishment shall be considered
a minimum of one connection unit. Where a commercial or industrial
(domestic waste only) connection is made, the total number of connection
units shall be determined by establishing the number of equivalent
dwelling units proposed to be connected but in no case shall the number
be less than one.
Normal household wastes from kitchens, water closets, lavatories
and laundries.
Any private dwelling or living unit, as hereinafter defined,
or, in the case of nonresidential establishments, shall be computed
by the township on the basis of one equivalent dwelling unit for each
250 gallons of water consumed per day or 250 gallons of water per
day discharged to the sewer system, as applicable; the daily consumption
or discharge to be determined by averaging the quarterly total over
the number of days per quarter. In the event that a new connection
is made to the township sewer system, the number of equivalent dwelling
units shall be estimated by the township to determine the connection
units for fee purposes.
Any and all wastes discharged from an industrial establishment,
other than sanitary sewage.
Any building used for one or more dwelling or household units,
stores, shops, offices, businesses, commercial or industrial units,
erected and intended for continuous or periodic habitation, occupancy
or use by human beings or animals and, from which structure, sanitary
sewage and industrial wastes, or either thereof, is or may be discharged.
Any natural person, corporation, partnership, joint venture,
sole proprietorship, firm, association and any other entity of whatever
type.
[Amended 10-8-1996 by Ord. No. 3-1996; 7-8-1997 by Ord. No.
2-1997]
The logarithm of the reciprocal of the concentration of hydrogen
ions, indicating the degree of acidity or alkalinity of a substance.
A room or group of rooms, structure, apartment, mobile home
or other building or structure intended for habitation by a person
or persons living together as a family unit.
Improved property which abuts on or has access to the sewer
system and whose principal building is within 150 feet of said sewer
system.
All water-carried domestic waste from sanitary conveniences
of residences, offices, hotels, stores, restaurants, hospitals, schools.
commercial establishments, industrial establishments and similar services.
All of the sewage collector facilities constructed by or
for either the township or the Borough of West Chester for the respective
municipality and which are connected to the treatment plant and include
sewers, interceptors, force mains, metering devices, pumping stations
and other appurtenances.
Any discharge of sewage wastes which for a period of 15 minutes
shall exceed five times the average daily flow. The term particularly
applies to the sudden emptying of large vats, tanks or swimming pools
into the sewage system.
For any laboratory analyses herein listed, that found in
the latest edition of Standard Methods for the Examination of Water
and Sewerage, published by the American Public Health Association.
The sum of free ammonia and organic nitrogen compounds which
are converted to ammonium sulfate, as determined by standard laboratory
procedure; it does not include nitrite and nitrate nitrogen.
Solids that either float on the surface of or are in suspension
or dissolved in water, sewage or other liquid, and which are determined
by laboratory analysis.
Quantity of material deposited when a quantity of sanitary
sewage is filtered; it includes settleable and all suspended, including
volatile solids.
Existing sewage treatment plant and facilities owned and
operated by the Borough of West Chester or treatment facilities provided
by East Bradford Township, together with any additions, modifications
and/or improvements thereto.
Whenever the sewer system or any usable portion
thereof is completed and ready for public use, the township shall
give notice of the fact by advertisement published once in one newspaper
of general circulation in the township, and such notice shall state
that the sewer system, or usable portion thereof, shall be used by
all persons owning occupied buildings on property accessible to the
sewer system or such usable portion thereof, subject to the payment
of any tapping fees and connection charges, of annual sewer rentals
in amounts as may from time to time be fixed by the township and of
any assessments made pursuant to resolution of the township. The township
shall also give separate notice to such persons, by personal service
or by certified mail. The notice shall also state that if such persons
neglect or refuse to connect with and/or use such sewer system within
a period of 60 days after a notice to do so has been served on them,
the Board of Supervisors of East Bradford Township or its agents may
enter upon such property and construct the connection; and in such
case, the Supervisors shall upon the completion of the work send an
itemized bill of costs of construction of such connection to the owner
of the property to which the connection has been made, which bill
shall be payable forthwith.
A.
The following regulations shall apply to connections
to the sewer system:
(1)
All persons owning any occupied building now erected upon property accessible to the sewer system, or usable portion thereof, and where said building is within 150 feet from the sewer system, shall at their own expense, connect such building with the sewer system, or usable portion thereof, within 180 days after the date of the publication of the notice specified in § 89-2.
(2)
All persons owning any property accessible to the
sewer system upon which an occupied building is hereafter erected,
and where said building is within 150 feet from the sewer system,
shall, at the time of the erection of such building and at their own
expense, connect such building with the sewer system.
(3)
All persons owning any occupied building upon property
which hereafter becomes accessible to the sewer system, or usable
portion thereof, and where said building is within 150 feet from the
sewer system, shall at their own expense, connect such building with
the sewer system within 180 days after notice to do so from the township.
B.
Where more than one dwelling unit is contained in
a single structure, a common connection to the lateral of the sewer
system shall be permitted for accommodating all units contained in
such structures, provided that separate connections shall be required
for each semidetached or row-type house or structure.
A.
It shall be unlawful for any person owning any property accessible to the sewer system to erect, construct, use or maintain or cause to be erected, constructed, used or maintained any privy, cesspool, sinkhole, septic tanks or other receptacle on such premises or otherwise for receiving sanitary sewage after the expiration of the particular period specified in § 89-3 hereof, of otherwise at any time to erect, construct, use or maintain any pipe, conduit, drain or other facility for the discharge of sanitary sewage into the gutters of the Township, the storm sewers of the Township or upon public or private property or otherwise, except into the sewer system.
B.
Any person who erects, constructs, uses or maintains
a privy, cesspool, sinkhole or septic tank on any property accessible
to the sewer system or otherwise erects, constructs, uses or maintains
any pipe, conduit, drain or other facility for the discharge of sanitary
sewage in violation of this chapter shall be deemed and be declared
to be erecting, constructing, using and maintaining a nuisance which
the Township is hereby authorized and directed to abate in the manner
provided by law.
No connection shall be made to the sewer system
except in compliance with the following, as well as such rules and
regulations as may, from time to time, be enacted, adopted, approved
or promulgated by the Township.
A.
Before making any connection to the Township's sanitary
sewer system, the persons owning the property intended to be connected
shall make application on a form provided by the Township, stating
the name, address and telephone number of the applicant, the location
of the property to be connected, the number of connection units and/or
the estimated number of equivalent dwelling units proposed to be connected.
B.
The Township shall be notified, in writing, when it
is contemplated that the character of a waste will be altered from
that previously discharged into the Township's collection system.
Such notification shall be made prior to such change to enable the
waste to be analyzed by the Township to determine its acceptability
before such change takes place, and such discharge shall not occur
prior to the granting of approval by the Township.
C.
The Township reserves the right to refuse acceptance
of, and the Township will not connect to its sewage collection system,
any industrial or other process waste.
D.
No matter having any one of the following characteristics
shall be discharged into the Township's sewer system, with or without
pretreatment:
(1)
Any liquid or vapor having a temperature higher than
150° F.
(2)
Any water or waste which contains tars, oils or grease.
(3)
Any gasoline, benzene, naphtha, fuel oil or other
inflammable or explosive liquid, solid or gas.
(4)
Any garbage that has not been properly shredded.
(5)
Any exhaust, steam or any liquid containing more than
100 parts per million of fat.
(6)
Any animal hair, ashes, cinders, sand, mud, straw,
wood or metal shavings, metal, glass, rags, feathers, tar, plastics,
wood, manure or any other solid or viscous substance capable of causing
obstruction to the flow in the sewer system or other interference
with the proper operation of the sewer system.
(7)
Any waters or wastes having a pH lower than 6.0 or
higher than 8.4 or having any other corrosive property capable of
causing damage or hazard to structures, equipment or personnel of
the sewer system.
(8)
Any waters or wastes containing a toxic or poisonous
substance in sufficient quantity to injure or interfere with any sewage
treatment process, constitute a hazard to humans or animals or create
any hazard in the receiving waters of the sewer system. Toxic wastes
shall include, but not be limited to, wastes containing cyanide, lead,
copper and/or chromium ions.
(9)
Any waters or wastes containing total solids of such
character and quantity that unusual attention or expense is required
to handle such materials at the sewage treatment works, except as
may be approved, in writing, by the consulting engineer for the Borough
of West Chester.
(10)
Any noxious or malodorous gas or substance capable
of creating a public nuisance.
(11)
Rates of flow taking on the proportions of a slug.
(12)
Radioactive materials.
(13)
Highly colored wastewaters.
(14)
Cesspool or septic tank discharges, except as may
be discharged at the treatment plant pursuant to rules and regulations
established by the treatment plant operator.
(15)
Any matter prohibited under the sewage conveyance
and treatment agreement with the Borough of West Chester.
(16)
Stormwater, surface water, groundwater, artesian well water, roof
runoff, or subsurface drainage.
[Added 5-9-2017 by Ord.
No. 1-2017]
E.
The construction, installation or use of any facility which causes
surface and/or subsurface stormwater or groundwater to be discharged
to the sanitary sewer system is prohibited. Facilities prohibited
shall include, but not be limited to, sump pumps, HVAC condensate
drains, area drains, yard drains, perimeter drains, foundations drains,
roof leaders, downspouts, street inlets, storm sewers, cross-connections,
lowered sewer cleanout/vent pipes and other infiltration and inflow
sources.
[Amended 5-9-2017 by Ord.
No. 1-2017]
[Amended 3-11-1986 by Ord. No. 90-1986]
Whenever an existing sewer system owned by a
Township is extended or altered at the expense of a developer or other
private person or corporation under the supervision of the Township,
there is hereby imposed upon each owner of any property connection
his property with said extended sewer system, after the effective
date of this article, a tapping tee in accordance with a schedule
adopted by the Board of Supervisors, which shall be imposed on each
connection unit as defined by this article. Said tapping fee shall
be in addition to any charges assessed and collected against said
property in the construction and acquisition of the sewer system by
the Township and, also, in addition to the connection charges hereinafter
imposed. Such tapping fees shall be paid to the Township by the owner
at the time application is made to the Township to connect the sewer
system in accordance with the rules and regulations of the Township.
A.
The applicant shall construct the lateral connection,
subject to Township inspection and pursuant to the Township's rules
and regulations.
B.
At the time an application is made by an owner to
the Township to make a connection to the sewer system, the applicant
shall deposit an escrow fee in accordance with the Township fee schedule,
which shall be applied against the actual expenditures incurred by
the Township inspecting a lateral of the sewer system. The Township
shall not charge connection costs for a new subdivision or land development
where the applicant has guaranteed completion of public improvements
under the terms of the East Bradford Township Subdivision and Land
Development Ordinance[1] and has provided for reimbursement of Township inspection
costs as part of that guaranty.
[Amended 7-12-2005 by Ord. No. 6-2005; 8-10-2010 by Ord. No.
2-2010]
There is hereby imposed upon each owner of property
served by the sewer system and having the use thereof, an annual sewer
rental, payable as hereinafter provided, for the use, whether direct
or indirect, of the sewer system. The sewer rate shall be fixed by
resolution adopted by the Board of Supervisors at the time of adoption
of the Township budget.
Any residential or nonresidential customer not
connected to the West Chester Area Municipal Authority Public Water
System shall be required, when directed by the Township, to install,
at its own expense, a water meter to determine volume of water used
for billing purposes. Said meters shall be of a type commonly used
for water service measurements and shall include a transmitter and
outside reading device subject to the approval of the Township. The
expense of procurement, installation and maintenance thereof shall
be borne by the user. Said water meter shall be placed at a point
mutually agreed upon by the Township and the user. Where metering
is not feasible, a calculation will be made by the Township to determine
the number of equivalent dwelling units which contribute to the wastewater
flow at a given connection.
The discharge of industrial waste in the Township
sewer system is prohibited.
A.
The owner
of any occupied building from which discharges of improper sanitary
sewage are made shall be responsible for damages to the sewage treatment
plant resulting from the discharge of such improper sanitary sewage
by way of the collection system of the Township to the sewage treatment
plant of the Borough of West Chester or any sewage treatment plant
which the Township may hereinafter provide.
B.
Each property owner shall maintain its connection/lateral so as to
prevent and prohibit the discharge of flow, including but not limited
to groundwater and/or surface water into the sewer system.
[Added 5-9-2017 by Ord.
No. 1-2017]
C.
Prior to the sale or transfer of any property located within the
Township containing a building or structure connected to the sewer
system, the owner of such property shall be required to submit to
an inspection by the Township Engineer or other duly authorized employee
or agent of the Township as set forth in this chapter.
[Added 5-9-2017 by Ord.
No. 1-2017]
[Amended 3-8-1994 by Ord. No. 153-1994]
Sewer usage charges shall be paid either quarterly
or semiannually, at the sole discretion of the Township. Quarterly
billings for sewer usage charges shall be made by bills dated on or
about the first days of January, April, July and October. Semiannual
billings for sewer usage charges shall be made by bills dated on or
about the first days of April and October. Sewer usage charges shall
be billed to owners of property required to connect to the sewer system.
Failure of the owner of the property to connect to the sewer system
shall not relieve the property owner of the charges billed. All persons
connected to the sewer system must give the Township 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 at face.
[Amended 3-8-1994 by Ord. No. 153-1994; 8-12-2014 by Ord. No. 4-2014]
Charges for sewer service, if not paid within 30 days after
the billing date, shall be delinquent and shall be charged a penalty
of 6% of the face amount of the bill, together with interest which
shall accrue monthly at the rate of 10% per annum. The sewer usage
charges imposed by this chapter shall be a lien on the properties
served from the date the charge thereof first becomes due and payable.
If such sewer charges are delinquent, the Township has the option
of either directing its solicitor and/or third-party designee to prepare
and file a municipal lien against the owner of the properties served
for all unpaid sewer rental charges together with all accrued and
unpaid penalty, interest, and collection fees, including reasonable
attorney fees incurred in connection with the collection of said delinquency,
and proceeding to collect same delinquency, and/or to institute on
its own, or through its solicitor and/or third-party designee, an
action in assumpsit for the collection of all unpaid sewer rental
charges together with all accrued and unpaid penalty, interest and
collection charges, including reasonable attorney fees incurred in
connection with the collection of said delinquency, and proceeding
to collect same delinquency.
The funds received by the Township from the
collection of sewer connection and usage charges and all penalties
thereon as herein provided for shall be segregated and kept separate
and apart from all other funds of the Township and shall be used only
for the purpose of defraying the expenses of the Township in the operation,
maintenance, repair, alteration, inspection, depreciation or other
expenses in relation to such sewer system and as may be permitted
and of or in connection with the sewer system and for and toward such
payments as the Township may be required to make under any such lease
or agreement, including the treatment of sewage by others.
The township is authorized to and may from time
to time adopt, revise, amend and readopt such rules and regulations
as it considers necessary and proper for the use and operation of
the system.
A.
The provisions of this chapter are declared to be
for the health, safety and welfare of the citizens of the township,
and persons violating or permitting the violation of any provisions
of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding, pay a fine of not more than $1,000 nor less
than $25, together with court costs and reasonable attorneys fees,
and may be incarcerated for a period not exceeding 90 days. Such fine,
costs, attorney fees and incarceration, after being reduced to a final,
unappealed judgment, shall be enforced by the township pursuant to
the applicable rules of criminal procedure. Each ninety-day period
during which such violation of such provision shall continue shall
be considered a separate violation. Each occupied building, whether
or not the owners thereof shall be permitted to connect two or more
occupied buildings or units by a single common connection to a lateral
of the sewer system or shall be required to make separate connections
for each occupied building or unit, shall constitute a separate unit
under the provisions of this article, and the persons owning occupied
buildings, consisting of multiple billing units contained in the same
structure, who violate or permit the violation of any of the provisions
of this article shall, upon being found liable therefor in a civil
enforcement proceeding, pay the aforesaid fine for each and every
one of such occupied buildings or billing units which are in violation
of the provisions of this article.
[1]
Editor's Note: This ordinance further provided
that "the term 'reasonable attorneys fees' shall mean all those attorneys
fees incurred by the township in bringing an action to enforce the
Code and collect fines and penalties in connection therewith and shall
be at that hourly rate annually approved by the Board for the Township
Solicitor."
B.
The Township Engineer and other duly authorized employees or agents
of the Township shall, upon information or reasonable basis to suspect
a prohibited discharge, have the duty and responsibility of inspecting
all dwelling units, building or structures and documenting the following
sources of prohibited discharge of flow into the sanitary sewer system:
[Added 5-9-2017 by Ord.
No. 1-2017]
(1)
Sump pumps.
(2)
HVAC condensate drains.
(3)
Area drains.
(4)
Yard drains.
(5)
Perimeter drains.
(6)
Foundations drains.
(7)
Roof leaders.
(8)
Downspouts.
(9)
Street inlets.
(10)
Storm sewers.
(11)
Cross-connections.
(12)
Lowered sewer cleanout/vent pipes.
(13)
Other infiltration and inflow sources.
In addition to visual observation, the Township Engineer and
other duly authorized employees or agents of the Township may use
smoke, dye or other means to conduct such inspections.
C.
Immediately prior to the sale or transfer of any existing building
or structure located in the Township and connected to the sanitary
sewer system, the sewer piping shall, in the presence of the Township
Engineer or other duly authorized employees or agents of the Township,
be hydrostatically, pneumatically and/or smoke tested for leakage
or inspected internally by television camera to verify that the building
sewer is not damaged or leaking.
[Added 5-9-2017 by Ord.
No. 1-2017]
D.
Except in case of emergency or a mutually convenient time agreed
to by the Township and the property owner, the Township Engineer and
other duly authorized employees or agents of the Township in discharging
their duties, upon showing proper identification where requested,
are hereby authorized to enter and inspect between the hours of 8:30
a.m. and 4:30 p.m., subject to constitutional restrictions on unreasonable
searches and seizures, any structure or premises in the Township to
enforce the provisions of this chapter and other applicable codes
and ordinances. Every occupant, owner or operator of a structure or
premises, or their agent or employee, shall give access to any part
of such structure or its premises at reasonable times for the purpose
of making such inspections.
[Added 5-9-2017 by Ord.
No. 1-2017]
E.
If any owner, operator, occupant or other person in charge of a structure
refuses, impedes, inhibits, interferes with, restricts or obstructs
entry and free access to the structure or premises under his control
or to any part thereof, with respect to any authorized inspection,
the Township may, upon showing that probable cause exists for the
inspection, file a complaint and may petition for and obtain an order
directing compliance with the inspection requirements of this chapter
from a court of competent jurisdiction. Any person who refuses to
comply with such an order issued pursuant to this section shall be
subject to such penalties as may be authorized by law for violations
of a court order.
[Added 5-9-2017 by Ord.
No. 1-2017]
F.
Inspection fees shall be set by resolution of the Board of Supervisors.
[Added 5-9-2017 by Ord.
No. 1-2017]
The township may, from time to time, extend
the sewage collection lines and may, subject to its agreement with
the Borough of West Chester, construct independent sewage treatment
facilities to serve properties within the township.
This article and any rules and regulations hereunder
shall become effective five days after adoption and shall be applicable
to all properties as soon as they become connected with and have the
right to use the sewer system. The township reserves the right to
make such changes from time to time as, in its opinion, may be desirable
or beneficial and to amend this chapter or to change the rates or
charges in such manner and at such time as, in its opinion, may be
advisable.
