[Ord. No. 2020-04, 10/1/2020[1]]
Sewer rentals or charges are imposed upon and shall be collected from the owner of each improved property which shall be connected to the sewerage system, for use of the sewerage system, whether such use shall be direct or indirect, which sewer rentals or charges shall commence and shall be effective as of the date of connection of each improved property to the sewerage system, and shall be payable as provided herein. Sewer rental charges for sewage and industrial waste discharged into the sewerage system shall be determined as set forth in this section.
[1]
Editor's Note: This ordinance deleted in its entirety and restated former Part 11, Sewer Rentals and Charges, adopted by Ord. No. 1985-7, 10/17/1985, as amended.
[Ord. No. 2020-04, 10/1/2020]
1. 
Sewer rental charges for sewage discharged into the sewerage system from any improved property constituting an equivalent residential dwelling unit shall be comprised of the sum of the following two charges:
[Amended by Ord. No. 2022-08, 12/15/2022; and by Ord. No. 2023-08, 12/21/2023]
A. 
A fixed or constant fee per unit per quarter annum in the amount of $70.
B. 
A flow charge of $1.70 per 1,000 gallons, which flow shall be determined by the water meter reading at the beginning and end of the quarter annum for which the bill is rendered, or, in the absence of a water meter, on the basis of 150 gallons per day (gpd) for apartments, condominiums, and mobile home dwellings, and on the basis of 223 gpd for all other dwelling units.
C. 
In the absence of a water meter for apartments, condominiums and mobile home dwellings, the basis of 150 gallons per day (gpd) will be used, resulting in a fixed rate of $93 per quarter.
D. 
In the absence of a water meter for all other dwellings not addressed in Subsection 1C above, the basis of 223 gpd will be used, resulting in a fixed rate of $105 per quarter.
2. 
If metering is impractical, a customer shall have the right to petition the Township for a special study by the Township to determine an equitable rate. All such petitions shall be filed in the office of the Lower Macungie Township Sewer Department Manager.
3. 
(Reserved)
4. 
There shall be a minimum charge equal to the fixed or constant fee per unit per quarter annum for each improved property which is connected to the sewerage system.
5. 
There shall be a standby charge equal to the fixed or constant fee per unit per quarter annum for each improved property which is not connected to the sewerage system, but for which a sewage treatment capacity allocation has been granted by the Township.
[Ord. No. 2020-04, 10/1/2020]
1. 
Sewer rental charges for sewage and/or industrial waste discharged into the sewerage system from any improved property constituting a commercial, institutional, or industrial user shall be comprised of the sum of the two following charges, plus any additional or exceptional strength charges as hereinafter provided:
[Amended by Ord. No. 2022-08, 12/15/2022; and by Ord. No. 2023-08, 12/21/2023]
A. 
A fixed or constant fee per equivalent dwelling unit (EDU) per quarter annum in the amount of $70. The number of EDUs for a customer shall be determined by converting water consumption into EDUs on the basis of 223 gpd per EDU, using the water consumption for the preceding year. In the absence of water consumption records for the entire preceding year, the EDUs shall be determined by converting the water consumption data which is available, or, in the absence of any water consumption data, on the basis of a Township estimate.
B. 
A flow charge of $1.70 per 1,000 gallons, which flow shall be determined by the water meter reading at the beginning and end of the billing period for which the bill is rendered.
2. 
In order to implement this sewer billing system, all commercial, institutional, and industrial users shall install water meters or other methods of determining volume of water consumption satisfactory to the Township. In the absence of a method of measuring volume or water consumption, the Township shall use an estimate.
3. 
Notwithstanding the rates charged in this chapter, all commercial, institutional, and industrial users shall pay a minimum charge equal to the fixed or constant fee times the number of EDUs as determined by the Classification of Nonresidential Users Table attached hereto and made a part hereof as Table 18-11-1.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
[Ord. No. 2020-04, 10/1/2020]
The unit fixed or constant fee and the flow charge per 1,000 gallons shall be the same for all classifications of users of the sewerage system and shall be the effective rate established by the Township, by ordinance from time to time, for the billing period for which the sewer rental or charge is rendered.
[Ord. No. 2020-04, 10/1/2020]
As set forth in § 18-1101, the owner of improved property that is connected to the sewerage system and contains multiple units shall be responsible for the payment of all sewer rentals and/or charges attributable to the improved property, and the owner of improved property containing multiple units shall be billed by the Township as a single entity.
[Ord. No. 2020-04, 10/1/2020]
If the use or classification of any improved property shall change during any billing period, the sewer rental or charge shall be adjusted by the Township, by pro rating on a monthly basis to the nearest calendar month, with a credit or charge, as shall be appropriate under the circumstances, being made on the statement for the next succeeding billing period.
[Ord. No. 2020-04, 10/1/2020]
The Township reserves the right, from time to time, to establish additional user classifications and to establish billing rates therefor. The Township further reserves the right, from time to time, to alter, modify, revise, and/or amend user classifications and the billing applicable thereto.
[Ord. No. 2020-04, 10/1/2020]
Users discharging sewage and/or industrial waste having concentrations of BOD in excess of 300 mg/l and/or suspended solids in excess of 360 mg/l and/or TKN in excess of 85 mg/l shall pay a strength of waste surcharge in addition to the normal sewer rental or charge, which surcharge shall be determined by the following formula with the respective rates of the formula to be the rates established by the Township, by resolution from time to time, for the billing period for which the bill is rendered:
Waste Strength Surcharge = Q x 8.34 [(BOD - 300) x (BOD rate) + (SS - 360) x (SS rate) + (TKN - 85) x (TKN rate)]
See Table 18-11-2 attached hereto and made a part hereof.[1] For purposes of calculating the surcharge, a waste strength or concentration of less than 300 mg/l for BOD shall be considered to be 300 mg/l; a concentration of less than 360 mg/l for SS shall be considered to be 360 mg/l; and a concentration of less than 85 mg/l for TKN shall be considered to be 85 mg/l. Therefore, the individual terms in the formula for which a negative surcharge would result shall be considered to be equal to zero.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
[Ord. No. 2020-04, 10/1/2020]
1. 
In order to implement the waste strength surcharge described in § 18-1108, and to implement the industrial waste discharge permit procedure described in this chapter, samples of the sewage and/or industrial waste will be obtained and subjected to laboratory analysis four times each year to determine the concentrations of the applicable wastewater constituents. The sampling and testing costs incurred or billed to the Township for the analysis of the sewage and/or industrial waste will be billed to the respective user pursuant to the procedures of the Township and in accordance with any applicable state and federal regulations.
2. 
For users discharging more than 1,000,000 gallons per day, sampling shall consist of seven twenty-four-hour composite samples taken every day for seven consecutive days. For users discharging less than 1,000,000 gallons per day, the Township and the Director of Public Works will determine appropriate sampling and analyses periods. The Township and the Director of Public Works will consider any relevant factors an industry brings forth in deciding the sampling period. The average of said analysis shall be used to establish the surcharge for the quarter during which the samples are taken and quarterly billings shall be made by the Township and the Director of Public Works.
3. 
Whenever the Township and the Director of Public Works shall deem it necessary for the protection and safe, economical and efficient management of the POTW, a user shall provide at their expense such facilities for preliminary treatment and processing of industrial waste as may be necessary to reduce BOD to 300 mg/l and suspended solids to 360 mg/l and total Kjeldahl nitrogen to 85 mg/l.
[Ord. No. 2020-04, 10/1/2020]
1. 
Sewer rentals or charges imposed by this chapter shall be payable quarterly or, in the case of large users, at the discretion of the Township, monthly.
2. 
All bills shall be rendered each calendar quarter of each year for service during the preceding quarter annum or, at the discretion of the Township, the same may be rendered each month for service during the preceding month.
3. 
Sewer rentals or charges shall be due and payable five days after mailing or delivery by or in behalf of this Township to the person responsible for payment thereof. If sewer rentals or charges are not paid within 30 calendar days after the same became due and payable, an additional sum of 5% shall be added to such net bill, which net bill, plus such additional sum, shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of such calendar day period shall constitute payment within such period. If the end of such thirty-calendar-day period shall fall on a legal holiday or on a Sunday, payment made on or mailed and postmarked on the next succeeding business day which is not a legal holiday shall constitute payment within such period. If sewer rentals and charges are not paid within 60 calendar days after the same become due and payable, the bill therefor, in addition to bearing the aforesaid 5% charge, shall bear interest at the rate of 10% per annum from the due date until the date of payment.
4. 
Whenever service to any improved property shall begin after the first day or shall terminate before the last day of any billing period, sewer rentals or charges for such period shall be prorated equitably, if appropriate, for that portion of the billing period during which such improved property was served by the sewerage system.
5. 
Every owner of an improved property which is connected to the sewerage system initially shall provide the Township with, and thereafter shall keep the Township apprised of, his correct address. Failure of any person to receive bills for sewer rentals or charges 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.
[Ord. No. 2020-04, 10/1/2020]
1. 
Municipal Claim and Lien. Sewer rentals or charges imposed by this Part shall be a claim on the improved property connected and served by the sewerage system, and any such sewer rentals or charges which are not paid within 30 days after each billing date applicable to the particular improved property, at the discretion of the Township, shall be filed as a lien against the improved property so connected to and served by the sewerage system, which lien shall be filed in the office of the Clerk of Courts, Civil Division, of Lehigh County, Pennsylvania, and shall be collected in the manner provided by law for the filing and collecting of municipal claims.
2. 
Shutting off Water If Sewer Rentals or Charges Are Not Paid; Notice; Statement of Defense.
A. 
If the owner or occupant of a premises served by the Township sewerage system shall neglect or fail to pay for a period of 30 days from the due date thereof any rental or charge imposed by the Township for the use of the sewers and sewerage system, the Township may request the Lehigh County Authority, the utility supplying the Township residents with water, to shut off the supply of water to such premises until all such overdue rentals and charges, together with any penalties and interest thereon, shall be paid to the Township. Upon such request, the Lehigh County Authority is hereby authorized to shut off the supply of water to such premises until all such overdue rentals and charges, together with any costs, penalties and interest thereon, shall be paid to the Township.
B. 
In no case shall the water supply to any premises be shut off until 10 days after written notice of an intention to do so has been posted at a main entrance to the premises and mailed to both the person liable for payment of the rentals and charges and to the owner of the property or property manager via certified mail, return receipt requested, and by regular first-class mail. If, during said ten-day period, the person liable for payment of the rentals and charges delivers to the Township or the Lehigh County Authority a written statement under oath or affirmation averring that there is a just defense to all or part of the claim, and that the statement was not executed for the purpose of delay, the water supply shall not be shut off until the claim has been judicially determined.
C. 
Prior to discontinuing service to a building which contains one or more dwelling units occupied by one or more tenants (excluding nursing homes, hotels and motels), the Township shall comply with the provisions of the Utility Service Tenants Rights Act, 68 P.S. § 399.1 et seq., as amended.
D. 
The property owner shall pay any and all costs associated with any water shutoff that are imposed by the Lehigh County Authority, including, but not limited to, the loss of water revenues resulting from such shutoff. The property owner shall remit payment of these costs, including the estimated loss of revenue, directly to the Lehigh County Authority.
E. 
Nothing in this section shall authorize the Township or the Lehigh County Authority to shut off or deny water service to a lessee for failure of a previous lessee to pay the sewer rental charges.
F. 
The Board of Commissioners may by ordinance adopt such rules and regulations as are necessary to effectuate the purposes of this section.
3. 
Collection by Assumpsit. The Township shall have the right to proceed for the recovery and collection of the sewer rentals and charges imposed by this Part by action of assumpsit against the person or persons who were the owner or owners of the property served by the Township sewerage system at the time the sewer rentals and charges imposed by this Part first became payable. Such action may be commenced in the Court of Common Pleas of Lehigh County, Pennsylvania, or in front of the appropriate Magisterial District Judge of the Commonwealth of Pennsylvania.
[Ord. No. 2020-04, 10/1/2020]
1. 
Whenever an improved property or, if applicable, a billing unit or billing units located therein, constituting a commercial, institutional, or industrial establishment, shall use water for cooling or unpolluted commercial or industrial process purposes, and all or part of the water so used shall not be discharged into the sewerage system, the volume used as the measure of discharge or sewage and/or industrial waste in computing sewer rentals or charges pursuant to this chapter may be adjusted by one of the following methods:
A. 
By installing a meter or other measuring device on the connection to the sewerage system. The readings from such meter or measuring device shall be used as the measure of discharge of sewage and/or industrial wastes in computing sewer rentals or charges.
B. 
By installing a meter or other measuring device to measure the volume not being discharged into the sewerage system. The readings from such meter or measuring device shall be deducted from the total water meter readings, and the remainder shall be used as the measure of discharge of sewage and/or industrial wastes in computing sewer rentals or charges.
C. 
If it is not practical, in the opinion of the Township, to install a meter or other measuring device to determine continuously the volume not discharged into the sewerage system, the Township shall determine, in such manner and by such method as it may prescribe, the percentage of metered water which is being discharged into the sewerage system. The quantity of water used as the measure of discharge of sewage and/or industrial wastes in computing sewer rentals or charges shall be the percentage so determined of the quantity measured by the water meter or meters. Any dispute as to such estimated percentage shall be submitted to the Township, after notice of such estimate. The decision of the Township with respect to the matter shall be final for the then-current calendar year.