[Amended 2-1-1982 by Ord. No. 364; 6-7-1982 by Ord. No. 368]
A. 
Sewer rentals and charges are hereby imposed upon and shall be collected from the owner of each sewer rental unit accessible to the sewer system, whether or not said unit is connected to the sewer system, and shall be computed and shall be payable as provided herein.
B. 
Except as hereinafter provided, both residential and nonresidential units shall pay sewer rents and charges to the Borough in accordance with the following schedule:
(1) 
Residential unit: $314 per annum, payable at the rate of $78.50 per quarterly billing period.
[Amended 2-1-1988 by Ord. No. 404; 12-1-2014 by Ord. No. 534]
(2) 
Nonresidential unit:
[Amended 2-1-1988 by Ord. No. 404; 12-1-2014 by Ord. No. 534]
(a) 
$2.54 per 1,000 gallons of water consumed or wastes discharged during the quarter annum for which the billing is rendered. Provided, however, that the minimum sewer rental or charge shall be $97 per quarterly billing period, or $388 per annum.
(b) 
Nonresidential units which are not served by metered public water shall be equipped with meters maintained and installed by the property owner.
(3) 
A separate sewer rental or charge shall be made for each type of use made by a connection unit in accordance with the above schedule of sewer rents and charges.
(4) 
Unconnected units. A unit, whether residential or nonresidential, accessible to the sewer system but not connected thereto, shall pay a sewer charge for maintenance of the sewer system of $22.12 per annum, payable at the rate of $5.53 per quarterly billing period.
(5) 
Garbage grinders. The following charges are imposed for each use of a garbage grinder in addition to all other charges herein provided:
(a) 
Residential unit: $16 per annum, payable at the rate of $4 per quarterly billing period.
(b) 
Nonresidential unit: $60 per annum, payable at the rate of $15 per quarterly billing period.
(6) 
Industrial waste surcharge.
[Amended 6-6-1983 by Ord. No. 378; 11-16-1987 by Ord. No. 401]
(a) 
Sewer rental surcharges for nondomestic wastes.
[Amended 2-6-1989 by Ord. No. 406]
[1] 
In addition to sewer rent for collection and treatment of sewage discharged into the sewage system by commercial and industrial users, further charges shall be made for all sewage discharged into the sewage system having values for certain parameters in excess of certain concentration limits as listed below:
Parameters Concentrations in mg/l
Concentration Limits in mg/l
Ammonia (as Nitrogen)
15
Arsenic
0.004
BOD
300
Cadmium
0.004
Chromium
0.06
Copper
0.1
Cyanide
0.05
Lead
0.06
Nickel
0.03
Phosphate (as Phosphorus)
9.0
Mercury
0.0004
Silver
0.006
Suspended Solids
350
Zinc
0.3
[2] 
The total surcharge shall equal the sum of each of the surcharges applicable to the waste in accordance with the formula below:
SC = 8.34 x Q x (Value of Parameter - Concentration Limit)\x K ÷ 1,000,000
SC
=
Surcharge for parameter
Q
=
Volume in gallons
K
=
Cost factor for parameter
[3] 
Cost factors shall be established by administrative order based on toxicity, impact on sludge disposal and on costs. The strength of any sewage subject to surcharge shall be determined quarterly, or more frequently as the City shall determine, based upon sampling and analysis by the City or its designees. However, the City may, if it so elects, determine the strength of the sewage based upon the results of routine sampling and analysis by the producer of such sewage or the results of analysis from previous quarters or from the results of analysis of sewage from similar customers.
(b) 
Methods of measuring volume for surcharge purposes.
[1] 
Whenever a person purchasing all water used from the water company discharges all sewage to the sewage works at one point, the volume of water purchased shall be used as a measure of the quantity of sewage discharged.
[2] 
Whenever a person obtains water from other sources or claims that alternate means of disposal reduce the volume of sewage discharged, or whenever sewage is discharged at more than one point in the sewage works, the Borough shall require the person to install at his expense a meter or meters, as may be required to measure the volume or volumes of sewage discharged to the sewage works at the point or points or entry. No meter for measurement either of water or sewage shall be installed until a plan for such installation is submitted to the Borough or its designated representative, and approved satisfactory. All meters or other measuring devices installed or required to be used under any provision of this article shall be under the control of the Borough, and may be tested, inspected, or repaired by Borough or by its designee whenever deemed necessary by Borough. The owner of the property upon which such measuring device is installed shall be responsible for its testing, maintenance, and safekeeping, and all repairs thereto shall be made at the property owner's expense, whether such repairs are made necessary by ordinary wear and tear or other causes. Owner shall test meters in a manner and at a frequency satisfactory to the Borough. Bills for repairs and calibrations, if made by the Borough, or its designated representative, shall be due and payable at the same time, and collected in the same manner as are the bills for sewage treatment.
(7) 
Whenever a sewer rental unit is serviced by the sewer system of another municipality, the owner of such unit shall pay a sewer rental to the Borough in an amount equal to the amount charged the Borough for such service by the other municipality, or the amount provided in Subsection B(1) or (2) of this section, whichever is greater.
[Added 11-16-1987 by Ord. No. 401]
A. 
Volume measurement. The volume of water to be used for billing sewer rentals to all sewer rental units shall include any and all water purchased from the York Water Company or any other private or public water company, and in addition all water obtained from any other source or sources (wells, springs, streams, etc.), as determined:
(1) 
By meters installed and maintained by said Water Company or any other private or public water company; or
(2) 
By meters maintained and installed by the property owner as may be required, approved and inspected by the Borough.
B. 
Excluded water. Exclusion from the sewer system and treatment plant of noncontaminated wastewaters may be required by the Borough, or such exclusion may be optional with the property owner if not required by the Borough. When such wastewaters are not discharged to the sewer system, sewer rentals shall be based upon total water consumption, less wastewaters not discharged to the sewer system. Wastewaters not discharged to the sewer system may be determined from meters installed and maintained by the owner, or the owner may elect to measure the volume of waste actually discharged to the sewer system as provided for below.
C. 
Sewer meters. The Borough may require an industrial establishment, or the industrial establishment may elect to install, pay for, and maintain a meter approved by the Borough for measuring wastewaters discharged to the sewer system in which case sewer rentals shall be based upon the actual volume of wastes discharged to the sewer system. Any premises used wholly or in part for the manufacturing, processing, cleaning, laundering, or assembly of any product, commodity or article, or any other premises from which process wastes as distinct from domestic sewage are discharged therefrom, shall be classified as an industrial establishment for sewer rental purposes.
D. 
Sampling and analysis of industrial waste.
[Amended 6-7-1982 by Ord. No. 368]
(1) 
Testing shall be by a composite sample collected over a twenty-four-hour period and representative of the actual quality of the wastes. Samples shall be collected by a representative of the City of York employed for that purpose or such other persons approved by the Borough. An analysis of the sample shall be made by a qualified sanitary engineer registered in Pennsylvania or a qualified chemist of an approved testing laboratory, using the laboratory methods for examination of industrial waste as set forth in the latest edition of "Standard Methods for Examination of Water and Sewage" as published by the American Public Health Service. A copy of the analysis shall be furnished to the industrial establishment, the Borough and the City of York. Where the analysis is made by a person other than an employee, agent, or contractor of the Borough or the City of York, the Borough reserves the right to analyze the waste to verify any analysis.
(2) 
For purposes of imposing the surcharge set forth in Section 6 of this Chapter 364,[1] a single sample and analysis during any quarterly billing period will suffice to impose the surcharge on the entire volume of waste discharged during that quarter. In the event more than one sample is taken and analysis made in any quarter, the results shall be averaged for the purpose of imposing the surcharge. The collection and analysis of waste samples for determining applicable surcharges shall be supervised by a registered professional engineer approved by the Borough. All costs for waste sampling and analysis shall be paid by the industrial establishment and the amount thereof shall be added to the regular semiannual bill of such industrial establishment. The analysis of all waste samples collected to determine applicable surcharges shall be made by a laboratory approved by the Borough in accordance with the latest edition of Standard Methods for the Examination of Water and Waste Water as published by the American Public Health Association.
[1]
Editor's Note: So in original.
E. 
Inspection facilities. When directed by the Borough, industrial establishments shall install, pay for, and maintain, a manhole, or other device as may be approved by the Borough to facilitate observation, measurement and sampling of wastes discharged to the sewer system and treatment plant. The Borough, or its duly authorized representatives, shall at all reasonable times be permitted to enter upon any and all properties for the purpose of inspecting all metering devices and of observing, measuring and sampling wastes discharged to the sewer system and treatment plant. Any industrial establishment that desires to connect with the sewer system or which is connected to the sewer system and plans to change its operations so as to materially alter the characteristics and volumes of wastes discharged therefrom shall notify the Borough in writing at least 10 days before making such connection or changing its operations.
F. 
Installation and maintenance of meters. If the owner of any industrial establishment shall be required pursuant to the foregoing provisions to install a water meter or meters or a meter or meters for measuring wastewaters, it shall be the duty of such owner to furnish and install such meter at his own expense, and in such case and also if such owner shall have voluntarily installed such meter or meters, such owner shall be required to maintain the same in good operating condition and make all necessary repairs and replacements. If the owner, being obligated so to do, shall fail to furnish or install such meter or meters or repair and maintain the same, as the case may be, and charge the cost of such installation or repair to such owner. Bills for such installation or repairs if made by the Borough shall be due and payable immediately upon completion of the work and then shall be collected in the same manner as quarter annum bills for sewer rentals and charges.
G. 
Amendments and modifications. Additional classifications and sewer rentals or modifications of the above schedule of rentals may be established or made by the Borough from time to time as deemed necessary.
[Amended 2-20-1978 by Ord. No. 335]
A. 
Sewer rentals for all sewer rental units shall be billed each quarter annum on the first day of each January, April, July, and October, commencing on the first next succeeding date upon which waste is first discharged into the sewer system, and shall be due and payable immediately.
B. 
If the full amount of such bill shall not be paid within 60 days from the date of billing, a penalty of 1% per month of the face amount thereof shall be added thereto each month until the same shall be paid or entered as a lien as herein provided. Any bill which remains unpaid after 180 days shall be entered as a lien pursuant to the Municipal Lien Law, which lien shall bear interest at the rate of 1/2 of 1% per month as a fraction thereof on the gross amount due until paid in full, together with lien costs.
C. 
Failure of any owner to receive quarterly bills for sewer rentals and charges due to the failure of such owner to notify the Borough of his correct address, or failure of any owner to receive a correct bill for sewer rentals and charges by reason of the failure of such owner to notify the Borough of the use or uses of which an improved property or any portion thereof is made, pursuant to the notice requirements of § 364-51, shall not excuse nonpayment or failure to pay the amount which would be properly applicable to the use or uses of which said improved property is made, and shall not result in an extension of the period of time during which the net bill shall be payable.
Whenever sewer service to any sewer rental unit begins after the first day or terminates before the last day of any quarterly period, the sewer rentals for such sewer rental unit for such quarterly period shall be for that portion of the quarterly period during which the sewer rental unit is served. However, in making such apportionment, a fraction of a month amounting to 1/2 or more of a month shall be counted a full month and a fraction of a month amounting to less than 1/2 a month shall be disregarded.
Delinquent bills for sewer rentals together with all charges, expenses and fees added thereto shall, in the manner provided by law, become a lien upon the property served, and shall be collectible by the Borough by an action in assumpsit against the owner of such property or be enforced against such property by the filing of a municipal lien.
[Added 9-8-1987 by Ord. No. 400]
In addition to all other rights and remedies provided in this chapter or available under the Municipal Lien Law, whenever any sewer rent or charge shall remain unpaid for a period of 180 days after the same shall have been due and payable, the Borough may cause the public water service to the property for which the sewer charges are delinquent to be disconnected until such time as the charges are paid in full. The Borough Council shall enter into an agreement with the York Water Company to provide for the termination of such water service consistent with the law and regulations governing the termination of utility services.