[Amended 11-24-2014 by Ord. No. 1232]
As used in the article, the following terms shall have the meanings
indicated:
A single structure or portion of a structure providing independent,
self-contained living facilities for one or more persons, including
permanent provisions for living, sleeping, cooking and sanitation.
Includes, but is not to be limited to, individuals, partnerships,
associations, joint ventures, corporations, municipalities, subdivisions
of municipalities, school districts, joint school districts, authorities,
hospitals, public institutions, and charitable institutions, owning
real property in the Borough of Brentwood.
Brentwood Borough shall agree, and hereby does agree with the
Allegheny County Sanitary Authority, hereafter referenced as "ALCOSAN,"
pursuant to the agreement among Brentwood, ALCOSAN and the City of
Pittsburgh, on or about December 1, 1949, that Brentwood shall pay
ALCOSAN the aggregate amount of all sewage service charges imposed
by ALCOSAN pursuant to said agreement, and any amendments thereto,
which otherwise would be payable by sewage service users within Brentwood
Borough for the transportation and treatment services rendered by
ALCOSAN, which would be consideration for the legal duty of Brentwood
Borough to prohibit discharge of sanitary sewage into the waters of
the Commonwealth of Pennsylvania. Brentwood hereby covenants and agrees
that it shall pay each quarterly statement received from ALCOSAN out
of current revenues of the Borough and within 60 days after the date
of billing of each such quarterly statement, for sewage transportation
treatment services rendered within Brentwood Borough.
A.
Brentwood Borough's current third-party sewage collector shall bill all customers of ALCOSAN within Brentwood Borough in amounts as specified below in § 167-15, which amounts are at least equal to the amounts which would be payable otherwise to ALCOSAN by sewage service users within Brentwood Borough for sewage transportation and treatment services rendered.
B.
The revised rate, payment, billing and collection methods as promulgated
in this article shall become effective immediately after the occurrence
of the following conditions:
(1)
Approval by ALCOSAN of the revised procedures for billing, collection
and payment of service charges.
(2)
Payment to ALCOSAN by Brentwood Borough of any and all delinquent
bills and charges rendered to sewage service users within the Borough
on or before the effective date of said changes in billing, collection
and payment.
(3)
Reasonable written notice and/or advertisement to ALCOSAN customers
within Brentwood Borough of such revisions in billing, collection
and payment procedures.
(4)
Reasonable written notice to ALCOSAN by the Borough of the commencement
of the revised billing, collection and payment procedures.
A.
There is hereby established and imposed within Brentwood Borough
sewer and sewage rental and service fees, charges and rates to be
levied upon the owners of all real properties within Brentwood Borough
served by the sanitary sewers or sewer system of Brentwood Borough
or by private sewers or sewer systems which discharge ultimately into
the sewage collection system of ALCOSAN, for the purpose of providing
for the cost of operation, maintenance, administration expenses, repair
costs, reconstruction costs, construction costs, applicable debt service
costs, charges by ALCOSAN and other related costs, all with respect
to said sewer and sewage system or systems.
B.
In order to determine, calculate and apportion the sewer and sewage
rental, charges and fees imposed by this article equitably among the
real properties served by Brentwood Borough sanitary sewers or sewer
systems or by private sewers or sewer systems discharging ultimately
into the sewage system of ALCOSAN, the rentals, fees, charges and
rates shall be based primarily on the metered quantities of water
used on said real properties, subject to such appropriate adjustments
as hereinafter provided or otherwise required and subject to such
additional charges, fees or rentals as are adopted for wastes other
than sewage, based upon the composition, strength and other characteristics
of such waste.
A.
In circumstances in which the entire source of water on the premises
is metered, the rate charged shall be based upon the quantity of water
used as measured by the meter. In circumstances in which the properties
and premises involved obtain water from wells or springs, Brentwood
Borough, at its option, may require the owner, without expense to
Brentwood Borough, to provide on and for the well or spring a meter
acceptable to the Borough, or the Borough, at its option, shall make
an estimate of the amount of water used from nonmetered sources and
discharged into the sanitary sewer systems of the Borough or into
private sewers discharging into the sewage system of ALCOSAN.
B.
In circumstances in which more than one dwelling unit uses a single
sewage service line, the Borough, at its option, may require either
that separate meters shall be installed for each dwelling unit or
that the charge for all service to said building or premises shall
be apportioned between or among all occupants, as the Borough might
elect in its sole discretion.
C.
In circumstances in which residential use and commercial use of the
premises are conducted separately or jointly on the same premises,
the Borough, at its option and sole discretion, may elect either that
separate meters shall be installed for each such use or that the charge
for all service to said premises shall be apportioned, between or
among all owners, as the Borough may apportion, elect and/or require.
The rates, charges and fees for sewer and sewage services to
sewered premises within Brentwood Borough shall be as follows:
A.
Metered water uses. The following schedule of rents, charges and
fees shall be applicable to users of metered water, and the charges
shall be based upon the metered quantity of water delivered to each
water user as measured by the most recent available water meter reading.
A sewer service charge shall be imposed and shall be based on the
Borough's annual fee resolution.
B.
Brentwood Borough will not impose any minimum user fee charge. All
charges and fees will be based on the schedule of service charges
set forth above as determined by the metered quantity of water delivered
to each water user as measured by the most recent available water
meter reading.
C.
In addition to all other charges, there shall be imposed and collected
a monthly customer service fee per user. The fee shall be based on
the Borough's annual fee resolution.
For commercial garbage grinders, there shall be added to the
waste user's sewage bill an additional charge of $100 per quarter
year per grinder of one horsepower capacity and a proportionately
lower or higher charge per grinder of lesser or greater horsepower
capacity.
In circumstances in which a water user's waste materials
contain concentrations of suspended solids and/or biochemical oxygen
demand and/or chlorine demand, any of which might affect adversely
the sewage collection or treatment facilities or violate any statute,
rule or regulation, then the rates, charges, fees and rents set forth
hereinabove shall be increased according to the following formulae,
at the discretion of Brentwood Borough or if requested by ALCOSAN:
A.
Suspended solids:
|
F = 2.0+1.0
|
(0.44(SS-275)\(275)
|
|
Where:
| |||
|
F
|
=
|
Multiplying factor to be applied to the basic rate.
| |
|
SS
|
=
|
Suspended solids of particulate wastes in parts per million
(ppm)
| |
B.
Biochemical oxygen demand:
|
F = 2.0+1.0
|
(0.27(BOD-300)\(300)
|
|
Where:
| |||
|
F
|
=
|
Multiplying factor to be applied to the basic rate.
| |
|
BOD
|
=
|
Biochemical oxygen demand of particular wastes in parts per
million (ppm)
| |
C.
Chlorine demand:
|
Rc = 0.0167 Pc(C-5)
|
(0.44(SS-275)\(275)
|
|
Where:
| |||
|
Rc
|
=
|
Surcharge rate for chlorine demand in cents per thousand gallons
of waste materials
| |
|
Pc
|
=
|
Contract price of chlorine in cents per pound
| |
|
C
|
=
|
Chlorine demand of particulate wastes in parts per million (ppm)
| |
All bills, vouchers and statements of account, hereinafter referred
to as "bills," for sewer and sewage rental, service charges and fees
imposed by this article shall be rendered and submitted monthly on
the basis of the most recent monthly water meter reading or estimate,
plus all previously billed and unsatisfied readings and charges. Such
rentals, charges and fees shall be due and payable within 21 days
from the date of issuance of the bill.
A.
Any fees, charges or rents imposed under this article and not paid
within 21 days of the date of issuance of the bill shall be subject
to payment of a penalty of 10% of the total amount of such fees, charges,
or rents.
B.
Any fees, charges or rents, including delinquent penalties, imposed
under this article and not paid within 30 days of the date of issuance
of the bill shall be subject to payment of interest in the amount
of 1 1/2% per month of the total amount of such fees, charges, or
rent.
C.
Any fees, charges, or rents, if not paid within 90 days of the date
of issuance of the bill, may be collected as provided by law, including
but not limited to an action of assumpsit, distraint of personal property
and/or by a lien filed in the nature of a municipal lien or claim.
In addition, Brentwood Borough reserves the right to terminate water
service after notice, according to law and ordinance, for nonpayment
of said fees, charges, rents, penalties, and interest.
A.
Brentwood Borough Council may designate either the Borough Manager
or a third-party provider, or both concurrently, to act severally
or jointly to administer the provisions of this article, including
but not limited to collection of all fees, charges, rents, penalties
and interests imposed under this article and including the keeping
of all records and the establishment of such rules, regulations, documents
and forms necessary to administer the provisions of this article.
B.
Brentwood Council is hereby authorized to enter into, cancel or amend
any and all contracts or agreements, to prepare and execute all necessary
documents and to do all other proper and lawful acts required for
the administration of the provisions of this article.
All monies received by Brentwood Borough from the administration
of this article and from collection of all rents, fees and charges
levied under this article shall be deposited in a special, separate
bank account duly marked and designated as the "Brentwood Borough
Sanitary Sewer Fund," and shall be used for only the following purposes:
A.
Allocation to, and payment of, all or part of the costs of construction,
reconstruction, extension, addition, operation, maintenance, repair,
alteration, inspection and administration relating to this article
and/or to all or any part of the sanitary sewer systems of Brentwood
Borough and of those private sewers systems discharging ultimately
into the sewer system of ALCOSAN.
B.
Payment of all or part of applicable debt service costs and charges
for construction, reconstruction, extension, addition, operation,
maintenance, repair and administration of any part of said sewer systems
and/or of this article.
C.
Payment of all or any part of the fees, rents and charges levied
by ALCOSAN in or upon Brentwood Borough for use of the ALCOSAN sewage
system.
D.
Payment of all or part of any other costs, expenses or charges related
to administration of this article and/or to the sanitary sewer systems
located within Brentwood Borough and discharging into the ALCOSAN
sewer system.
Brentwood Borough Council reserves the right to amend the schedule
of rates, rents, fees and charges imposed by this article, from time
to time, as required and necessary to produce sufficient revenue to
meet the requirements of operation, maintenance, construction, reconstruction,
repair and administration, including applicable debt service costs
and ALCOSAN charges and all other related charges relevant to the
maintenance of the Borough and private sewer systems discharging into
the ALCOSAN system and relevant to administration of this article.
Any person, firm, partnership, association, joint venture, corporation,
municipality, subdivision of a municipality, school district, joint
school district, authority, hospital, public institution, charitable
institution or other legal entity violating any provision of this
article shall, upon conviction of said violation, be punished by imposition
of a fine not to exceed the sum of $1,000 for each offense, recoverable
with cost of prosecution and, in default of payment of such fine and
costs, shall be subject to imprisonment for a period not exceeding
30 days. Each day that a violation of this article is continued shall
constitute a separate offense. In circumstances involving legal entities
which are not natural persons, the penalties imposed hereby may be
imposed upon the partners, directors, officers or other members of
such legal entities.
