[HISTORY: Adopted by the Borough Council of the Borough of New Cumberland as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-6-1974 by Ord. No. 401 (Ch. XV, Part 1, of the 1979 Code)]
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this article shall be as follows:
AUTHORITY
The New Cumberland Borough Authority, a Pennsylvania municipality authority.
BOROUGH
The Borough of New Cumberland, Cumberland County, Pennsylvania, a municipality of the Commonwealth of Pennsylvania, acting by and through its Council or, in appropriate cases, acting by and through its authorized representatives.
BUILDING SEWER
The extension from the sewage drainage system of any structure to the lateral of a sewer.
IMPROVED PROPERTY
Any property located within this Borough 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 sanitary sewage and/or industrial wastes shall be or may be discharged.
INDUSTRIAL ESTABLISHMENT
Any room, group of rooms, building or other enclosure used or intended for use, in whole or in part, in the operation of a business enterprise for the manufacturing, fabricating, processing, cleaning, laundering or assembling of any product, commodity or article, or from which any process waste, as distinct from sanitary sewage, shall be discharged.
INDUSTRIAL WASTES
Any solid, liquid or gaseous substance or water borne wastes or form of energy rejected or escaping in the course of any industrial, manufacturing, trade or business process or in the course of the development, recovery or processing of natural resources, as distinct from sanitary sewage.
LATERAL
That part of the sewer system extending from a sewer to the curbline or, if there shall be no curbline, to the property line or, if no such lateral shall be provided, then that portion of, or place in, a sewer which is provided for connection of any building sewer.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
PERSON
Any individual, partnership, company, association, society, trust, corporation or other group or entity.
SANITARY SEWAGE
Normal water-carried household and toilet wastes discharged from any improved property.
SEWER
Any pipe, main or conduit constituting a part of the sewer system used or usable for sewage collection purposes.
SEWER SYSTEM
All facilities, as of any particular time, for collecting, transporting, pumping, treating and disposing of sanitary sewage and industrial wastes, situate in or adjacent to this Borough, owned by the Authority and leased to this Borough for operation and use.
The owner of any improved property benefited, improved or accommodated by a sewer shall connect such improved property with such sewer, in such manner as this Borough may require, within 45 days after notice to such owner from this Borough to make such connection, for the purpose of discharge of all sanitary sewage and industrial wastes from such improved property, subject to such limitations and restrictions as shall be established herein or as otherwise shall be established by this Borough, from time to time.
No person shall place or deposit or permit to be placed or deposited upon public or private property within this Borough any sanitary sewage or industrial wastes in violation of § 293-2. No person shall discharge or permit to be discharged to any natural outlet within this Borough any sanitary sewage or industrial wastes in violation of § 293-2, except where suitable treatment has been provided which is satisfactory to this Borough.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or maintained at any time upon any improved property which has been connected to a sewer or which shall be required under § 293-2 to be connected to a sewer. Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of this Borough, shall be cleansed and filled at the expense of the owner of such improved property and under the direction and supervision of this Borough; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by this Borough, cleansed and filled, shall constitute a nuisance and such nuisance may be abated as provided by law, at the expense of the owner of such improved property.
The notice by this Borough to make a connection to a sewer, referred to in § 293-2, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section hereof, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within 45 days from the date such notice is given. Such notice may be given at any time after a sewer is in place which can receive and convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner either by personal service or by registered mail or by such other method as at the time may be provided by law.
No person shall make or cause to be made a connection of any improved property with a sewer until such person shall have fulfilled each of the following conditions:
A. 
Such person shall have notified the Borough Manager of this Borough of the desire and intention to connect such improved property to a sewer.
B. 
Such person shall have applied for and obtained a permit as required by § 293-8.
C. 
Such person shall have given the Borough Manager of this Borough at least 24 hours' notice of the time when such connection will be made so that this Borough may supervise and inspect the work of connection and necessary testing.
D. 
Such person shall have furnished satisfactory evidence to the Borough Manager of this Borough that any tapping fee charged and imposed by the Authority against the owner of each improved property who connects such improved property to a sewer has been paid.
Except as otherwise provided in this section, each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted except under special circumstances and for good sanitary reasons or other good cause shown and then only after special permission of this Borough, in writing, shall have been secured and subject to such rules, regulations and conditions as may be prescribed by this Borough.
All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to a sewer, including testing, shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and save harmless this Borough from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building sewer or of connection of a building sewer to a sewer.
A building sewer shall be connected to a sewer at the place designated by this Borough and where the lateral is provided. The invert of a building sewer at the point of connection shall be at the same or a higher elevation than the invert of the sewer. A smooth, neat joint shall be made and the connection of a building sewer to the lateral shall be made secure and watertight.
If the owner of any improved property benefited, improved or accommodated by a sewer, after 45 days' notice from this Borough requiring the connection of such improved property with a sewer, in accordance with § 293-2, shall fail to connect such improved property, as required, this Borough may make such connection and may collect from such owner the costs and expenses thereof by a municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law.
No building sewer shall be covered until it has been inspected and approved by this Borough. If any part of a building sewer is covered before so being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved property to be connected to a sewer.
Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Streets, sidewalks and all other public property disturbed in the course of installation of a building sewer shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to the Borough.
If any person shall fail or refuse, upon receipt of a notice from this Borough, in writing, to remedy any unsatisfactory conditions with respect to a building sewer, within 45 days of receipt of such notice, this Borough may refuse to permit such person to discharge sanitary sewage and industrial wastes into the sewer system until such unsatisfactory conditions shall have been remedied to the satisfaction of this Borough.
This Borough reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with a sewer and the sewer system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as a part of this article.
Any person who shall violate this article shall be liable, upon summary conviction for a first offense and upon summary conviction for each subsequent offense, to a fine of not less than $15 nor more than $25, together with costs of prosecution in each case. Each day that a violation shall continue shall be deemed and shall be taken to be a separate offense and shall be punishable as such. Fines and costs imposed under provisions of this article shall be enforceable and recoverable in the manner at the time provided by applicable law.
In the event that any provision, section, sentence, clause or part of this article shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this article, it being the intent of this Borough that such remainder shall be and remain in full force and effect.
It is declared that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Borough.
[Adopted 12-28-2011 by Ord. No. 665]
This article is enacted pursuant to the Borough Code, Act of February 1, 1966, P.L. 1656 (1965), as amended, 53 P.S. § 47001 et seq. (Sanitary Sewers)[1], 53 P.S. § 48301 et seq. (General Powers, Enforcement)[2] and the Act of May 16, 1923, P.L. 207, Section 7, as amended, 53 P.S. § 7101 et seq., as amended (Municipal Claims and Tax Liens).
[1]
Editor's Note: See now 8 Pa.C.S.A. § 21A01, Authority to assess.
[2]
Editor's Note: See now 8 Pa.C.S.A. § 3321, Fine and penalties, and 8 Pa.C.S.A. Subch. A, General Provisions,
As used in this article, the following terms shall have the meanings indicated:
BOROUGH
The Borough of New Cumberland.
BOROUGH COUNCIL
The Borough Council for the Borough of New Cumberland.
COMMONWEALTH
The Commonwealth of Pennsylvania.
DWELLING UNIT
Any room, group of rooms, building or other enclosure connected, directly or indirectly, to the sewer system and occupied or intended for occupancy as living quarters by an individual, a single family discrete group of persons, excluding institutional dormitories.
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 sanitary sewage shall be or may be discharged, which is located within the area subject to mandatory connection provisions of this article.
MULTIPLE USE IMPROVED PROPERTY
Any improved property upon which there shall exist any combination of a dwelling unit, commercial establishment, industrial establishment, educational establishment or institutional establishment.
NEW CUMBERLAND
The Borough of New Cumberland, Cumberland County, Pennsylvania, a municipal corporation of the commonwealth.
OWNER
Any person vested with title, legal or equitable, sole, joint or partial, of any improved property.
PERSON
Any individual, partnership, company, limited liability company, limited liability partnership, association, trust, society, corporation or other group or entity, including municipalities, municipal authorities, school districts and other units of government.
RENTAL CHARGE
The quarterly rental or charge imposed by the Borough, as amended from time to time, against the owner of each improved property, for the use or availability or use of the sewer system. This term shall be used interchangeably with "user charge."
SANITARY SEWAGE
Normal water-carried household and toilet wastes from any improved property.
SEWER
Any pipe, conduit or appurtenance constituting a part of the sewer system used or usable for collection of sanitary sewage and/or industrial wastes.
SEWER SYSTEM
All facilities, at any particular time, acquired, constructed and owned by the Borough or its predecessor (New Cumberland Borough Authority) for operation and use for the purpose of collection, pumping, transporting, treating and/or disposing of sanitary sewage and/or industrial wastes.
USER
Any person who contributes, causes or permits the contribution of wastewater into the sewer system or the treatment plant from an improved property.
USER CHARGE
The quarterly rental or charge imposed by the Borough, as amended from time to time, against the owner of each improved property, for the use of availability or use of the sewer system. This term shall be used interchangeably with "rental charge."
A. 
All owners of any improved property connecting with the sanitary sewer and sewer system in the Borough of New Cumberland shall pay connection fees and quarterly Rental or User charges as hereinafter provided, for the use, whether directly or indirectly, of the sewer system, as provided herein. At the discretion of the Borough, such Rental or User charge may be imposed upon the owner of an improved property who improperly fails or refuses to connect such improved property to the sewer system, as compensation for the availability of service by the Borough in connection with the sewer system.
B. 
The rental or user charge shall be payable by the owner of each improved property commencing the earlier of:
(1) 
The date of actual, physical connection of an improved property to the sewer system; or
(2) 
Sixty days from the date of issuance of any notice to connect; or
(3) 
Such other date established by the Borough for commencement of the rental or user charge.
All connections to the Borough sewer system and sewage treatment facility shall be made only after paying a $500 connection charge to the Borough. Sewer connection charges shall be due and payable at the time application for permit to made such connection is made to the Borough.
Rental and user charges applicable to any improved property hereby imposed shall be calculated on the basis of water consumption on the improved property to be charged, as determined by the amount of water supplied to the improved property as measured by the water meter or meters of the water utility serving the Borough (currently the Pennsylvania American Water Company). Rental and user charges shall be assessed and collected in accordance with the following schedule:
Rate Where Measured in Gallons
First 9,000 gallons – $12.27 per thousand gallons or portion thereof
Next 9,000 gallons – $10.22 per thousand gallons or portion thereof
Next 49,000 gallons – $8.18 per thousand gallons or portion thereof
Next 157,000 gallons – $6.15 per thousand gallons or portion thereof
Next 450,000 gallons – $5.14 per thousand gallons or portion thereof
All additional gallons – $5.14 per thousand gallons or portion thereof
There shall be a quarterly minimum rental charge of $76.64 assessed against and collected from every dwelling unit on an improved property which is connected to the sewer system.
A. 
Charges for sewer connections. Charges for first time connection sewer rental and user fees will be sent out for the first quarterly period or portion thereof after the date of connection to the sewer system. The owner of an improved property connecting during a quarterly period shall pay a pro rata charge of service for the balance of said period.
B. 
Quarterly sewer rentals. Sewer rental and surcharges, as applicable, shall be due and payable quarterly, during the months of February, May, August and November, as indicated by the billing date on each respective bill, in each year, and shall cover a billing consisting of the quarterly period immediately preceding the date of the bill.
C. 
Payments. Payment of sewer rentals and any applicable surcharges shall be due and payable upon the applicable billing date, at the Borough offices, in the appropriate amount, computed in accordance with this article, which shall constitute the net bill. If any sewer or applicable surcharge is not paid within 30 calendar days after the applicable billing date, 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 at the Borough Offices or mailed and postmarked on or before the last day of such thirty-day calendar period shall constitute payment within such period. Any and all payments received on account of delinquent accounts shall be applied first to the oldest outstanding gross bill, including any accumulated fee.
D. 
Mailing address: owner responsibility. It shall be the responsibility of each owner of an improved property to provide the Borough with, and thereafter keep the Borough continuously advised of the correct mailing address of such owner. Failure of an owner to receive bill for charges due and payable shall not be considered an excuse for non-payment, nor shall such failure result in an extension of the period of time during which the net bill shall be payable.
E. 
Owner liability for rental and user charges. Every owner of improved property shall remain liable for the payment of sewer rentals and applicable surcharges and penalties until the later of 1) receipt by the Borough of written notice by such owner that the property has been sold, containing the correct name and mailing address of the new owner, or 2) the date on which title to the improved property is transferred to a new or successor owner. Failure to provide notice to the Borough renders an owner continuously liable for any charges that may accrue until such time as the Borough has been properly notified of any change in ownership as described above.
F. 
Separate agreements. Nothing herein shall be construed or deemed to prohibit the Borough from entering into separate or special agreements with an owner of an improved property or other persons with respect to rental and user charge or surcharge to be imposed in those circumstances where, due to special or unusual circumstances, the rental and user charge set forth herein shall be deemed by the Borough, in its sole discretion, to be inequitable, or where it is in the best interest of the Borough. No officer or employee of the Borough is authorized to reduce, vary or exempt the rental and user charge as provided in this article without official action by the Borough Council.
A. 
Establishment of lien or claim. All delinquent sewer rental/user charges, including all late fees and penalties thereon, shall constitute a municipal claim and lien on the improved property served until fully paid or satisfied.
B. 
Recovery of lien or claim. All delinquent sewer rentals/user charges, including late fees and penalties thereon, shall be a lien on the improved property benefited and served, and may be entered as a lien against such improved property in the Office of the Prothonotary of Cumberland County, Pennsylvania, and further may be collected in the manner provided by the law for filing and collection of municipal claims and liens. In addition, the Borough shall have further authority and power to pursue an action in assumpsit to collect delinquent sewer rental and user charges, costs, interest and attorney fees as permitted by law.
C. 
Attorney fees. Where attorney fees are sought to be collected or incurred in the collection of a delinquent account(s), said fees are hereby approved at an hourly rate of $85 per hour, or any subsequent amount established by Resolution of Borough Council, with said fees to be calculated upon said hourly rate at time increments of no less than 1/10 of an hour, based upon the time expended by the Borough Solicitor or any other attorney designated from time to time by Council to collect upon any delinquent account and/or representing the Borough in actions involving claims arising out of delinquent sewer and user accounts, including those claims arising out of the Municipal Claims and Tax lien Act, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
D. 
Notice requirements. Where attorney fees are sought to be collected or incurred in the collection of delinquent account(s), at least 30 days prior to assessing or imposing attorney fees in connection with any delinquent account(s), the Borough shall, by United States certified mail, return receipt requested, postage prepaid, mail to the owner of the improved property a notice of intent to impose attorney fees for recovery of the delinquent account(s). The notice of intent to the owner of the improved property shall include a statement of the Borough's intent to impose or assess attorney fees within 30 days of mailing the notice when notice is received by the owner of the improved property, or within no earlier than 10 days of the mailing of the notice when such notice of intent is refused or unclaimed as set forth above. Any notice of intent required by this section shall be mailed to the owner's last known post office address by virtue of the knowledge and information possessed by the Borough and county office responsible for assessments and revision of taxes. The Borough shall use the owner's/owners' last known post office address known to the appropriate agent of the Borough and county assessment office. The assessment of attorney fees shall thereafter be charged, assessed, imposed and recovered in accordance with the manner of collection of the underlying municipal claim or lien, or other duly authorized procedure for collection of delinquent sewer and rental user charges.
A. 
The Borough shall have the right of access, at all reasonable times after reasonable notice, to inspect any part of the improved property, including any and all lateral sewer or pipe lines connecting to the sewer system, as may be necessary for purposes of inspection, observation, measurement, sampling and testing and for the performance of other functions relating to sewer services rendered by the Borough.
B. 
The owner of any improved property, upon direction of the Borough, shall acquire, install, own and operate, at such owner's sole cost and expense, a grinder pump or similar apparatus satisfactory to the Borough in the manner and location directed by the Borough. Such grinder pump or similar apparatus shall be installed at the time such improved property is connected to the sewer system and shall be subject to inspection and approval together with the remainder of the sewer system benefiting the improved property, including lateral sewer or pipe lines connecting the improved property to the sewer system.
C. 
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, in so far as such acts of tenants or other occupants of such improved property shall be governed by this article.
D. 
Any person who violates any provision of this article shall be subject, upon conviction thereof, and for each subsequent conviction, to a fine of not more than $1,000, together with the costs of prosecution in each case and conviction. Each day that a violation continues shall be deemed and shall be taken as a separate offense and shall be punishable as permitted by law.
The provisions of this article, so far as they are the same as those ordinances in force immediately prior to the enactment of this article are intended as a continuation of such ordinances and not as new enactments. Provisions of this article shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty to punish any offense under the authority of any ordinance repealed by this article.
The provisions of this article are declared to be severable. If any section, sentence, clause, or phrase of this article shall for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this article, but they shall remain in effect; it being the legislative intent that this article shall remain in effect notwithstanding the invalidity of any part.
This article shall take effect and be in force after its enactment by the Council of the Borough of New Cumberland at the earliest date permitted by law.