[Res. 11-09-07-03, 9/7/2011, Art. I; as amended by Res. 13-01-07-09, 1/7/2013, § 1]
1. 
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this Part 6A shall be as follows:
AMMONIA NITROGEN AS N
Ammonia nitrogen as determined pursuant to the procedure set forth in the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by American Public Health Association, Inc.
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen, expressed in ppm by weight, utilized in the 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 Wastewater," published by the American Public Health Association.
BUILDING WASTEWATER SYSTEM
The wastewater extension from the wastewater drainage system of any improved property to the point of connection with the lateral or wastewater system serving such improved property.
COMMERCIAL ESTABLISHMENTS
Any room, group of rooms, building or enclosure connected, directly or indirectly, to the wastewater system and used or intended for use in the operation of a business enterprise for the sale and distribution of any product, commodity, article or service.
COMMONWEALTH
The Commonwealth of Pennsylvania.
CONNECTION CHARGE
The connection or other charge imposed by the Township hereunder, as amended from time to time, against the owner of each improved property, except as provided in the developer agreements, for the purpose of providing for the payment of the expenses of the Township and the construction, improvement, repair, maintenance and operation of the wastewater system.
DOMESTIC WASTEWATER
Normal water-carried household and toilet wastes discharged from any property.
DWELLING UNIT
Any room, group of rooms, house trailer, apartment, condominium, cooperative or other enclosure connected, directly or indirectly, to the wastewater system and occupied or intended for occupancy as living quarters by an individual, a single family or other discreet group of persons, excluding institutional dormitories.
EDUCATIONAL ESTABLISHMENT
Each room, group of rooms, building, house trailer, mobile home, connected directly or indirectly, to the wastewater system and used or intended for use, in whole or in part, for educational purposes, including both public and private schools.
EQUIVALENT DWELLING UNIT
The unit of measure by which wastewater rates and connection charges shall be imposed upon each improved property, as determined in this Part 6A or in any subsequent resolution of the Township which shall be deemed to constitute the estimated, equivalent amount of domestic wastewater discharged by a single-family dwelling unit or a maximum monthly average of 300 gallons per day.
GRINDER PUMP
Any electric motor-driven, submersible centrifugal pump capable of macerating all material found in normal sanitary sewage, sanitary napkins, disposable diapers, rubber and the like, to a fine slurry and pumping this material through a small diameter discharge.
HOME BUSINESS
Any commercial or retail operation established within the confines of a residential structure or residential building lot. This definition shall not apply to those businesses that, in the opinion of the Township's consulting engineer, do not contribute wastewater to the wastewater system.
IMPROVED PROPERTY
Any property upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure domestic wastewater and/or industrial wastes shall be or may be discharged, which is located within the sewered area and subject to being connected to the wastewater system pursuant to the Connection Ordinance [Part 1].
INSTITUTIONAL ESTABLISHMENT
Any room, group of rooms, building or other enclosure connected, directly or indirectly, to the wastewater system, including institutional dormitories, and education establishments which do not constitute a commercial establishment, a dwelling unit or an industrial establishment.
LATERAL
That part of the wastewater system extending from a wastewater main, normally located in the street right-of-way, to the building wastewater system, including pressure line associated with a user installed and owned grinder pump system, serving an improved property. If there shall be no improvement on the property, the "lateral" shall mean that part of the wastewater system extending from said wastewater main to a point of future connection to the building wastewater system, if and when said property is improved.
OWNER
Any person vested with title, legal or equitable, sole or partial, of any improved property.
PERSON
Any individual, partnership, company, association, society, trust, corporation or other group or entity, including municipalities, municipality authorities, school districts and other units of government.
pH
The logarithm of the reciprocal of the concentration of hydrogen ions, expressed in grams per liter of solution, indicating the degree of acidity or alkalinity of a substance.
PPM
Parts per million parts water, by weight.
SEWERED AREA
That area of the Township served by the wastewater system as determined and designated, from time to time, by the Township.
STREET
Includes any street, road, lane, court, cul-de-sac, alley, public way or public square, including such streets as are dedicated to public use and such streets as are owned by private persons.
TAPPING FEE
That fee which the Township may charge based upon four components: capacity, collection, special purpose and reimbursement.
TOTAL PHOSPHORUS AS P
Total phosphorus as determined pursuant to the procedure set forth in the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, Inc.
TOTAL SOLIDS
Solids determined by evaporating at 100° C. of a mixed sample of wastewater as determined pursuant to the procedure set forth in the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association. Total solids include floating solids, suspended solids, settleable solids and dissolved solids.
A. 
DISSOLVED SOLIDSSolids that are dissolved in the waste and cannot be settled, but can be determined by evaporation pursuant to the procedure set forth in the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association.
B. 
SETTLEABLE SOLIDSSolids that settle in an imhoff cone from a standard sample of waste pursuant to the procedure set forth in the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association.
C. 
SUSPENDED SOLIDSSolids determined by standard lab procedure in the waste pursuant to the procedure set forth in the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association.
TOWNSHIP
The East Vincent Township, a municipality of the Commonwealth of Pennsylvania.
TOWNSHIP
The Township of East Vincent, Chester County, Pennsylvania.
USER RATES
Rates (or rental fees) imposed by the Township hereunder, as amended from time to time, against the owner of each improved property for the purpose of providing for the payment of the expenses of the Township and the construction, improvement, repair, maintenance and operation of the wastewater system, in accordance with the Second Class Township Code, 53 P.S. § 65101 et seq., and any other applicable law, East Vincent Township Ord. 213 [Part 5], and § 18-602 hereof.
WASTEWATER
Liquid and water-carried industrial wastes and domestic wastewater from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which discharge directly or indirectly into the wastewater system.
WASTEWATER MAIN
Any pipe or conduit constituting a part of the wastewater system used or usable for wastewater collection purposes.
WASTEWATER SYSTEM
All wastewater collection, transmission, treatment and disposal system facilities, at any particular time, acquired, constructed, operated and/or owned by the Township and forming a part of Barton's Meadows Wastewater System.
[Res. 11-09-07-03, 9/7/2011, Art. II; as amended by Res. 13-01-07-09, 1/7/2013, § 2]
1. 
Imposition of User Rates. User rates are hereby imposed upon the owner of each improved property for use of the wastewater system, whether such use is direct or indirect, and for services rendered by the Township in connection therewith, and shall be payable as provided herein.
2. 
Imposition of User Rates; Time. User rates shall be imposed upon the owner of each improved property commencing the earlier of: (A) the date of actual, physical connection of an improved property to the wastewater system, for existing buildings; or the date the use and occupancy permit is issued by East Vincent Township, for new construction, or (B) 60 days from the date indicated on the notice to connect described in the Connection Ordinance [Part 1].
3. 
Calculation of User Rates.
A. 
Dwelling Unit. User rates applicable to any improved property constituting a dwelling unit, shall be calculated, imposed and collected, quarter-annually, on a flat rate basis for each dwelling unit at the rate of $935 per year.
B. 
Institutional. Vincent Elementary School is classified as an institutional establishment. User rates applicable to an institutional establishment shall be imposed, calculated, and collected quarter-annually, on a flat rate basis, based on a rate of $1,050 per year per equivalent dwelling unit ("EDU") attributable to the institutional establishment.
C. 
Home Business. User rates applicable to a home business shall be calculated, imposed and collected, on a flat rate basis, based on a rate of 0.5 multiplied by the user rate applicable to a dwelling unit under Paragraph A. This user rate is in addition to the user rate payable under Paragraph A above for the dwelling unit in which the home business is located.
D. 
Other Charges. In addition to the charges imposed in Paragraphs A, B and C above, the Township may fix, alter, charge and collect other charges from the owners of any improved property served by the wastewater system at reasonable and uniform rates for the purpose of providing for the payment of the expenses of the Township, the construction, improvement, repair, maintenance and operation of its facilities and properties.
E. 
Additional Classifications. The Township may, from time to time, establish additional user rate classifications as it deems appropriate; and further, from time to time, may alter, modify, revise and/or amend the effective user rates.
4. 
Billing. User rates shall be billed and be payable in advance on a quarter-annual basis, in four equal installments, as of January 1, April 1, July 1, and October 1, of each year, and shall cover a quarter-annual billing period consisting of the immediately following three-month period. The initial bill for user rates for the period between the date when user rates may first be imposed upon an improved property and the last day of the then current quarter-annual billing cycle shall be prorated for that partial quarter-annual period. Any prorated bill for a partial quarter-annual period described above or any estimated bill for an improved property upon which user rates may be imposed under this Part but which has not connected to the wastewater system, shall be based on the number of EDUs attributable to the use in question multiplied by the applicable rate under Subsection 3A, B and C above.
5. 
Payments. Payments of user rates shall be due and payable at the office of the Township on the payment dates stated in Subsection 4, computed in accordance with this Part. If the full amount of any user rate shall not be paid by the first day of the month following the date of the bill, a late fee of 10% of the face amount of the bill shall be added thereto, plus interest at the rate of 10% per annum of the amount due for each month or fractional part thereof from the date they are due and payable until paid. Payment shall be considered received the date it is made at the Township Office or the date it is mailed and postmarked. A charge of $35 shall be assessed against an account for each check which is returned unpaid by a financial institution.
6. 
Owner Supplied Information.
A. 
Responsibility for Payment. It shall be the responsibility of each owner of an improved property to provide the Township with, and thereafter keep the Township continuously advised of, the correct mailing address of such owner and, if applicable, the name and address of any other person (including tenants, etc.) who will be paying the user rates. Owner is in all cases primarily responsible to the Township for payment of all user rates. Failure of any owner or other person to receive a bill for charges due and payable shall not be considered an excuse for nonpayment, nor shall such failure result in an extension of the period of time during which the net bill shall be payable.
B. 
Change in Ownership. Every owner of an improved property shall remain liable for the payment of user rates until the latter of: (1) the receipt by the Township of written notice by such owner that title to such improved property has been conveyed, containing the correct name and mailing address of the new owner, or (2) the date on which title to the improved property was or will be conveyed to a new owner. Failure to provide such written notice renders the previous owner continuously liable for any charges that may accrue until such time as the Township has been properly notified of any change in ownership as described above.
C. 
Owner Supplied Information. The owner of any improved property discharging domestic wastewater and/or industrial wastes into the wastewater system shall furnish to the Township, including by way of the application for permit described in the Connection Ordinance [Part 1], all information deemed essential or appropriate by the Township for the determination of all applicable user rates and surcharges. The costs of obtaining such information shall be borne by such owner of the improved property. The owner of the improved property shall also notify the Township, in writing, any time there is a change in use, conversion of buildings, or creation of additional space or buildings, whether such action results in an increase or decrease in wastewater use. The Township shall coordinate with the appropriate individuals at the Township to monitor such changes in use.
Furthermore, the Township reserves the right to solicit such information from the owner of any improved property for purposes of maintaining accurate records.
In the event of the failure of the owner to provide adequate information, the Township shall estimate the applicable user rates and surcharges payable by such owner based upon information available to the Township, or until such time as adequate information is received. There shall be no rebate of past payments of user rates or surcharges if the owner's refusal to provide such information results in an overpayment.
7. 
Late/Outstanding User Rates and Charges.
A. 
Policy. The policy of the Township is to pursue collection of all past due payments for user rates, surcharges and other applicable charges of the Township through all appropriate means available. What follows is a non-exclusive list of remedies which the Township may pursue. In the event legal action is initiated as part of the collection process, the Township shall seek to recover all charges permitted by law, including, but not limited to, court costs, filing fees, service fees (including postage charges) and interest on the late/outstanding amounts in addition to the actual amount late/outstanding. Additionally, when permitted by law, the Township shall seek to recover legal fees expended in the collection process.
B. 
Remedies. Sixty days after the billing date, the procedure to institute a municipal lien may be initiated by the Township's Solicitor against the improved property served by the wastewater system for all unpaid charges, interest and penalties thereon, plus reasonable attorney's fees in accordance with Township Code §§ 1-401 and 1-402 and consistent with applicable Pennsylvania statutes. The Township, at its option, may also choose to pursue the collection of such outstanding user rates, charges, interest and penalties through an action against the owner of the improved property. If this improved property is served by a public water provider, this Township may pursue those options set forth in the Pennsylvania statutes and regulations, including requesting the shutting off of the public water supply. The Township reserves the right to pursue any other remedies available.
8. 
Reduction, Variation and Exemption. No officer or employee of the Township is authorized to reduce, vary or exempt charges imposed herein or other provisions of this Part without official action by the Board of this Township authorizing such reduction, variation or exemption.
[Res. 11-09-07-03, 9/7/2011, Art. III]
1. 
Incorporation of and Reconciliation with Ordinances. The provisions of East Vincent Township Ord. 100 [Part 1] and Ord. 213 [Part 5], as amended, and all other ordinances of East Vincent Township ("Township") dealing with the wastewater system are incorporated herein by reference.
2. 
Duties of Owner of Improved Property. The owner of each improved property shall be responsible to ensure that the building wastewater system and the lateral located on the improved property are at all times connected to the wastewater system and functioning properly.
A. 
In the event the building wastewater system and/or the lateral are not connected and/or not functioning properly, to include being subject to inflow and infiltration (I and I), the owner shall act promptly to correct all problems.
B. 
In the event the Township is aware of or has a legitimate reason to believe there is a problem with the building wastewater system and/or the lateral, the Township shall notify the owner of the problem in writing (Ord. 100, §§ 18-106.5 and 18-107.1) with copies of the notice submitted to the Township and the Township Code Enforcement Officer.
C. 
An owner who identifies a problem or is advised of a problem by the Township shall take action to correct the problem within seven days of receiving written notice, shall provide the Township with written notice of the corrective action taken and shall comply with the inspection requirements of the Township concerning all repairs made. If corrective action cannot be made within seven days, for any reason, the owner shall notify the Township, in writing, prior to the expiration of the time period, indicating why the repairs cannot be made, stating when the repairs are expected to be made and requesting an extension of time to complete the repairs. On a case-by-case basis, the Township shall review and determine if an extension is appropriate and shall advise the owner, in writing, of the determination.
D. 
If an owner fails to take corrective action as required or receive an extension from the Township, the owner shall be in violation of this Part 6A and Ord. 100 [Part 1] (as amended by Ord. 113 and Ord. 158) and the Township may seek enforcement and penalties through the procedures set forth in § 18-107 of Ord. 100.
3. 
Inspection of Building Laterals. The Township shall be responsible for all inspections relating to building laterals within the area served by the public wastewater system. The Township shall adopt and revise specifications, rules and regulations and such other policies and procedures as necessary to carry out this responsibility. The Township shall also adopt a rate schedule to cover the costs and administrative activities relative to this function, which shall be revised as necessary, and collect the appropriate fees from the developer/owner of the improved property.
[Res. 11-09-07-03, 9/7/2011, Art. IV]
1. 
General Discharge Prohibitions. No person shall contribute or cause to be contributed directly or indirectly, any pollutant or wastewater which will cause pass through or which will interfere with the operation or performance of the publicly owned treatment works (POTW) or the disposal of residuals or sludge. Any person who is found to have violated this section shall be subject to the penalty provisions provided for in § 18-605.1.
2. 
Specific Discharge Conditions. No person shall discharge or cause to be discharged into the wastewater system:
A. 
Any waste having a temperature that exceeds 40° C. (104° F.) or is less than 0° C. (32° F.).
B. 
Any waste containing petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through, and in no case shall the amount exceed 100 mg/l.
C. 
Any pollutants which may create a fire or explosion hazard in the POTW including, but not limited to, wastestreams with a closed cup flashpoint of less than 140° F. or 60° C., gasoline, benzene, naphtha, fuel oil, or paint products.
D. 
Any solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the POTW such as, but not limited to: grease, garbage with particles greater than 1/2 inch in any dimension resulting from preparation, cooking and/or dispensing of food and/or from handling, storage and sale of produce.
E. 
Any waste containing ashes, cinders, sand, mud, straw, string, shavings, metal, glass, rags, feathers, tar, cotton, wool or other fibers, wood, plastics, residues from refining or processing of fuel, lubricating oil or glass grinding or polishing wastes.
F. 
Any waste having a pH tower than 6.0 or higher than 9.0, or containing pollutants which will cause corrosive structural damage to the POTW, equipment of the wastewater system or any person engaged in operation and maintenance of the wastewater system.
G. 
Any waste which results in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems, or create any hazards in waters which shall receive treated effluent from the wastewater system.
H. 
Any oxygen-demanding pollutant (BOD, ammonia, etc.) released at a flow rate and/or pollutant concentration which will cause interference with the POTW.
I. 
Any trucked or hauled pollutants, except at discharge points designated by the Township.
J. 
Any waste prohibited by any permit issued by the Commonwealth of Pennsylvania or the U.S. Environmental Protection Agency.
K. 
Any waste having a BOD content greater than 250 mg/l.
L. 
Any waste having a suspended solids content greater than 250 mg/l.
M. 
Any waste having a total phosphorus as P content greater than 20 mg/l.
N. 
Any waste having an ammonia nitrogen as N content greater than 40 mg/l.
O. 
Any waste having an instantaneous slug flow greater than 5% of the average daily wastewater flow at the POTW or a maximum daily flow that exceeds 1.5 times the average daily flow (EDUs purchased time 300/gallons per day per EDU).
P. 
Any waste containing toxic or poisonous substances in excess of the following limits, measured at the point of discharge to the wastewater system:
Parameter
Maximum Concentration (mg/l)
Arsenic
0.05
Cadmium
0.01
Chromium (total)
1.0
Chromium (hexavalent)
0.05
Copper
0.2
Cyanide
0.2
Lead
0.01
Mercury
0.1
Nickel
0.5
Phenol
0.009
Silver
0.05
Zinc
2.5
Categorical limits, if more stringent, shall supersede these limits for any discharge regulated by categorical pretreatment standards.
Q. 
Any waste containing any substances not mentioned in the foregoing list that will pass through the treatment plant or accumulate in the sludge and exceed the maximum permitted levels for such substance under the requirements of the Commonwealth or other governmental agencies having jurisdiction.
R. 
Any other substance prohibited by resolution, rule or regulation of the Township hereafter adopted from time to time.
Under no circumstances shall any person discharge or cause to be discharged into the wastewater system any of the substances listed in this subsection, unless otherwise authorized, in writing, by the Township.
3. 
Authorized Discharges. Only domestic wastewater discharge, to include normal discharge from the school lunch room, shall be permitted.
4. 
Garbage Grinders. All food processing non-domestic waste discharges into the wastewater system shall have a garbage grinder installed that shall have written approval of the Township's consulting engineer.
5. 
Unauthorized Connections. No person shall make connection of sump pumps, roof down spouts, foundation drains, areaway drains, or other sources of surface runoff or ground water to a building wastewater system or building drain which in turn is connected directly or indirectly to the wastewater system. (See East Vincent Township Ord. 100 [Part 1]).
[Res. 11-09-07-03, 9/7/2011, Art. V]
1. 
Non-domestic Discharge. No person shall discharge or cause to be discharged into the wastewater system any non-domestic except as specifically permitted by § 18-603.3. No other discharge shall be allowed without prior application for and receipt of a wastewater contribution permit from the Township.
2. 
Inspection. The Township may inspect the facilities of any person discharging non-domestic wastewater to ascertain that the purpose of these rules and regulations are being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Township or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or the performance of any of their duties. The Township shall have the right to set up on the property such devices as necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a person has security measures in force which would require proper identification and clearance before entry into their premises, the person shall make necessary arrangement with their security guards so that upon presentation of suitable identification, personnel from the Township or its representative will be permitted to enter without delay, for the purposes of performing their specific responsibilities.
3. 
Accidental/Changed Discharge. Persons discharging non-domestic wastewater shall notify this Township immediately, both verbally and in written form, of all discharges that could cause problems, pass through or interference at the POTW, including any slug loadings. Persons discharging non-domestic wastewater shall also notify the Township in writing in advance of any changes in the volume or character of pollutants in their discharge.
4. 
Grinder Pumps; Rules and Regulation; Installation, Use and Maintenance. All grinder pumps, which are or will be connected to the wastewater system, are subject to the rules and regulations adopted by the Township from time to time. Each developer and/or owner of an improved property with a grinder pump is responsible for compliance with the applicable rules and regulations.
[Res. 11-09-07-03, 9/7/2011, Art. VI]
1. 
Penalties for Violations of §§ 18-604 and 18-605. Pursuant to the provisions of Act 9 of 1992, 35 P.S. § 752.1 et seq., which provides for enhanced penalty authority for POTWs, any person who is found to have violated the provisions of §§ 18-604 and 18-605 of these rules and regulations or fails to comply with any provision of these rules and regulations shall be assessed civil penalties not to exceed $25,000 per day for each violation. Each day a violation occurs or recurs shall constitute a separate and distinct violation under this section.
2. 
Penalties for Violations of §§ 18-602 and 18-603. The Township shall be entitled to pursue all remedies available under Pennsylvania law, as well as those remedies set forth in the resolution and the relevant Township ordinances (including Ord. 100, § 18-107) to ensure compliance with the rules and regulations.
3. 
Owner Liability. The owner of any improved property shall be held liable for all acts of tenants or other occupants of such improved property, as may be permitted by law, insofar as such acts shall be governed by the provisions of this Part 6A.
4. 
Additional Rules and Regulations. The Township shall adopt, from time to time, such additional rules and regulations as it shall deem necessary and proper in connection with the use and operation of the wastewater system, which rules and regulations shall be, shall become and shall be construed as part of this Part 6A.