[Adopted 9-18-1964 by Ord. No. 8-1964; amended in its entirety 12-3-1968 by Ord. No. 12 (Ch. 18, Part 2, of the 1992 Code of Ordinances)]
Unless the context clearly and specifically indicates otherwise,
the meaning of terms used in this Part 2 shall be as follows:
Coaldale, Lansford, Summit Hill Sewer Authority, a Pennsylvania
municipality authority.
The quantity of oxygen, expressed in ppm, 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 the "Standard Methods
for the Examination of Water and Sewage," published by the American
Public Health Association.
The Borough of Lansford, Carbon County, Pennsylvania, acting
by and through its Council or, in appropriate cases, acting by and
through its authorized representatives.
Any room, group of rooms, house trailer or other enclosure
occupied or intended for occupancy as separate living quarters by
a family or other group of persons living together or by persons living
alone.
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 and/or industrial
wastes shall be or may be discharged.
Any improved property used, in whole or in part, for manufacturing,
processing, cleaning, laundering or assembling any product, commodity
or article or from which any process waste, as distinct from sanitary
sewage, shall be discharged.
Any and all wastes discharged from an industrial establishment,
other than sanitary sewage.
Any improved property in which there shall be located more
than one dwelling unit.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
corporation or other group or entity.
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.
Parts per million by weight.
Normal water-carried household and toilet wastes from any
improved property.
The service agreement, dated September 1, 1964, between the
Authority, on the one hand, and the Boroughs of Lansford and Summit
Hill, both located in Carbon County, Pennsylvania, and the Borough
of Coaldale, Schuylkill County, Pennsylvania, on the other hand, providing
for the reception, transportation, treatment and disposal of sanitary
sewage and industrial wastes from the sewage collection system by
the Authority, together with any supplements and amendments from time
to time made thereto.
All facilities, as of any particular time, for collecting,
pumping and disposing of sanitary sewage and/or industrial wastes,
owned and operated by this Borough.
Any pipe or conduit constituting a part of the sewage collection
system used or useful for sewage collection purposes.
Suspended solids as determined pursuant to the procedure
set forth in the latest edition of "Standard Methods for the Examination
of Water and Sewage," published by the American Public Health Association.
Any property located within this Borough upon which there
is no structure or buildings, whether never in existence or recently
razed or demolished.
[Added 3-10-2010 by Ord.
No. 2010-02]
Sewer rentals or charges are imposed upon and shall be collected
from the owner of each improved property which shall be connected
with the sewage collection system, for use of the sewage collection
system and for services rendered by this Borough in connection therewith,
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 the sewage collection system to the sewage disposal
system and shall be payable as provided herein.
A.
In addition to any other charges hereinafter mentioned, the owner
of each improved property which is connected to the sewer system shall
pay an annual sum of $60 and interest, late fees, penalty, and attorney's
fees, as Council may from time to time establish, for the use and
maintenance of the sewer collection system and the services rendered
by the Borough in connection therewith.
[Added 4-22-1996 by Ord.
No. 96-3; amended 12-20-2005 by Ord. No. 2005-06; 12-12-2007 by Ord. No. 2007-23; 3-8-2017 by Ord. No. 2017-03; 3-8-2023 by Ord. No. 2023-01]
B.
In calculating the annual sum, each multiple dwelling unit shall
be billed as a separate entity.
[Added 4-22-1996 by Ord.
No. 96-3]
C.
Each industrial establishment shall pay the annual sum of $100.
[Added 4-22-1996 by Ord.
No. 96-3]
[Amended 9-2-1975 by Ord.
No. 62; 8-11-1980 by Ord. No. 3-1980; 8-1-1989 by Ord. No. 89-3]
A.
Metered service.
(1)
Except as otherwise provided in this Part 2, sewer rentals or charges
for sanitary sewage and industrial wastes discharged into the sewage
collection system from any improved property shall be based upon volume
of water usage, adjusted, if appropriate, as provided herein, where
the volume of water usage shall be metered.
(2)
Sewer rentals or charges for sanitary sewage and industrial wastes
discharged into the sewage collection system from any improved property
may be based upon actual metered volume of discharge, as permitted
hereby.
(3)
Metered rate schedule.
[Amended 8-9-1993 by Ord.
No. 93-2; 2-15-2000 by Ord. No. 2000-02]
B.
Flat rate rentals or charges. Sewer rentals or charges for sanitary
sewage and industrial wastes discharged into the sewage collection
system from any improved property, when the volume of water usage
shall not be metered and when the actual volume of discharge shall
not be metered as permitted in this Part 2, shall be computed at the
rate of $21 per quarterly billing period, the same constituting the
minimum sewer rental or charge.
[Amended 8-9-1993 by Ord.
No. 93-2; 2-15-2000 by Ord. No. 2000-02]
C.
Multiple dwellings.
(1)
Each dwelling unit located in a multiple dwelling shall be billed
as a separate entity and the above metered rate schedule and minimum
sewer rental or charge shall be used in computing the sewer rentals
or charges applicable to each such dwelling unit.
(2)
Common water meter.
(a)
In any case where more than one dwelling unit is served through
a common water meter, for the purpose of computing sewer rentals or
charges hereunder a multiple rental or charge per quarter shall be
imposed, which rental or charge shall be calculated in the following
manner:
[1]
The total consumption of water through such common meter shall
be divided by the number of dwelling units served thereby;
[2]
The metered rate schedule for computing sewer rentals or charges established under § 345-26A of this section shall be applied to the resultant quotient; and
[3]
The resultant pro-rata rental or charge for each dwelling unit
shall be multiplied by the number of dwelling units receiving water
service through such common water meter to arrive at the total bill
for all dwelling units served through the common meter.
(b)
Provided, however, that there shall be charged a minimum quarterly
rental or charge for each such dwelling unit.
D.
Methods of measuring volume.
(1)
The volume of water to be used for billing sewer rentals or charges
to owners of improved properties connected to the sewage collection
system shall include any and all water purchased from any municipality
authority or private or public water company and in addition all water
obtained from any other source (wells, springs, streams, etc.) as
determined:
(a)
By meters installed and maintained by any municipality authority
or private or public water company; or
(b)
By meters installed and maintained by this Borough; or
(c)
By meters maintained and installed by the owner of the improved
property, as approved by this Borough; or
(d)
From estimates or measurements made by this Borough, where this
Borough consider metering impractical.
(2)
Exclusion from the sewage collection system of noncontaminated wastewaters and waters used solely for cooling purposes may be required by this Borough or such exclusion may be optional with the owner of the improved property if not required by this Borough. When such waters are so excluded, the sewer rentals or charges will be based on total water consumed, less water excluded, at the rate stipulated under § 345-26A above.
(3)
Noncontaminated wastewaters and waters used solely for cooling purposes
excluded from the sewage collection system may be determined from
meters installed and maintained by the owner of the improved property,
as approved by this Borough, or from estimates or measurements made
by this Borough, or the owner of the improved property may elect to
measure the volume of wastes actually discharged to the sewage collection
system provided for below.
(4)
This Borough may require the owner of an industrial establishment or the owner of an industrial establishment may elect to install, pay for and maintain a meter approved by this Borough for measuring wastes discharged into the sewage collection system, in which case the sewer rentals or charges shall be based on the actual quarterly volume of wastes discharged into the sewage collection system, at the volume rate and subject to the minimum sewer rental or charge set forth in § 345-26A above.
E.
Surcharges.
(1)
Industrial establishments discharging sanitary sewage and/or industrial wastes into the sewage collection system having a BOD in excess of 200 ppm and a suspended solids contents in excess of 250 ppm shall pay a strength of waste surcharge, in addition to applicable volume charges set forth in § 345-26A, above, equal to 5/100 of 1% for each ppm by which the BOD exceeds 200 ppm plus 5/100 of 1% by which the suspended solids exceed 250 ppm. Surcharges shall be applicable to billing for sewer rentals or charges imposed upon all industrial establishments. The percentage of surcharge shall be applied to the volume charge for the particular industrial establishment.
(2)
The strength of waste to be used for establishing the amount of surcharge
will be determined at least once annually either:
(a)
By suitable sampling and analyses of the wastes for a three-day
period during which time the strength of waste being discharged or
production is at a maximum; or
(b)
By relating production and waste strength at the time of sampling
to waste strength at maximum production if sampling is not performed
at the time of maximum production; or
(c)
From estimates made by this Borough; or
(d)
From known relationship of products produced to strengths of
waste for those industries where such factors have been established.
In establishing waste strengths for surcharge purposes, analysis shall
be made in accordance with procedures outlined in the latest edition
of "Standard Methods of Analysis of Water and Sewage," published by
the American Public Health Association.
F.
Miscellaneous.
(1)
Additional classification and sewer rentals or charges or modifications
of the above schedule of sewer rentals or charges may be established
by this Borough from time to time as deemed necessary.
(2)
Nothing contained herein shall be construed as prohibiting special
agreements between this Borough and improved properties under conditions
and circumstances making special agreements advisable and necessary.
A.
Sewer rentals or changes imposed by this Part 2 shall be payable
quarterly.
B.
In the case of an owner of improved property whose quarterly bill
for sewer rentals or charges shall be computed in whole or in part
upon the basis of metered water usage, the quarterly billing date
shall be the same and shall cover the same quarterly period as shall
be applicable for billing in connection with metered water usage.
C.
In the case of an owner of improved property whose quarterly bill
for sewer rentals or charges shall be computed on any basis completely
independent of metered water usage, the quarterly billing dates shall
be the first days of March, June, September and December, respectively,
in each year and shall cover a quarterly billing period consisting
of the immediately preceding three complete calendar months.
D.
Owners of improved properties connected to the sewer system during
any calendar quarter shall pay a pro rata sewer rental or charge for
service for the balance of the calendar quarter.
E.
Sewer rentals or charges shall be due and payable upon the applicable billing date as provided for in § 345-27A of this section and the appropriate amount computed in accordance with this Part 2 shall constitute the net bill. If sewer rentals or charge are not paid within 15 calendar days after each billing date, an additional sum of 10% 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 15 calendar day period shall constitute payment within such period. If the end of such 15 calendar day period shall fall on a legal holiday or a Sunday, payment made on or mailed and postmarked on the next succeeding weekday which is not a legal holiday shall constitute payment within such period.
F.
Every owner of an improved property which is connected to the sewage
collection system initially shall provide this Borough with and thereafter
shall keep this Borough advised 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.
[Amended 4-22-1996 by Ord. No. 96-3]
A.
Sewer rentals or charges imposed by this chapter shall be a lien
on the improved property connected to and served by the sewage collection
system; and any sewer rentals or charges which are delinquent shall
be filed as a lien against the improved property connected to and
served by the sewage collection system, which lien shall be filed
and collected in the manner provided by law for the filing and collection
of Borough claims.
B.
If the owner or occupant of premises served by any water utility
shall neglect or fall to pay for a period of 30 days from the due
date thereof any rental, rate or charge for sewer, sewerage, or sewage
treatment service imposed by this chapter, the water utility is hereby
authorized and required, at the request and direction of the Borough
of Lansford, to shut off the supply of water to such premises until
all such overdue rentals, rates and charges, together with any penalties,
interest and attorneys fee thereon, shall be paid. In no case shall
the water supply be shut off to any premises until 10 days after written
notice of an intention to do so has been mailed to the person liable
for payment of the rentals and charges and, in addition thereto, there
has been posted a written notice at a main entrance to the premises.
If during such ten-day period the person liable for the payment of
the rentals and charges delivers to the water utility authority in
the Lansford Borough a written statement, under oath or affirmation,
stating that he has a just defense to the claim, or part of it, for
such rentals or charges then the water supply shall not be shut off
until the claim has been judicially determined. The statement shall
also contain a declaration under oath or affirmation that it was not
executed for the purpose of delay.
C.
In addition to the foregoing, any unpaid rentals or charges imposed
by this chapter, which requires the Borough of Lansford to seek collection
measures on a delinquent account, the Borough shall impose reasonable
attorney's fees in the amount set by Borough Council from time to
time in the schedule of fees for the Borough of Lansford.
A.
No person shall discharge or cause to be discharged any stormwater,
surface water, spring water, groundwater, roof runoff, subsurface
drainage, building foundation drainage, cellar drainage or drainage
from roof leader connections into any sewer, except to such sewers
as are specifically approved for combined use.
B.
This Borough reserves the right to refuse permission to connect to
the sewage collection system, to compel discontinuance of use of the
sewage collection system, or to compel pretreatment of industrial
wastes by any industrial establishment in order to comply with provisions
of the service agreement and to prevent discharges deemed harmful
or to have a deleterious effect upon any sewer, the sewage collection
system or the sewage disposal system.
C.
No sanitary sewage or industrial wastes shall be discharged to the
sewer system:
(1)
Having a temperature higher than 100° F.
(2)
Containing more than 100 ppm of fats, oil and/or grease.
(3)
Containing any gasoline, benzine, naphtha, fuel oil or other inflammable
or explosive liquids, solids or gases.
(4)
Containing any solid wastes resulting from preparation, cooking and
dispensing of food and from handling, storage and sale of produce,
which wastes commonly are known as "garbage," which have not been
ground by household-type garbage disposal units or other suitable
garbage grinders.
(5)
Containing any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, cotton, wool or other fibers, plastics,
wood, paunch manure, or any other solid or viscous substances capable
of causing obstruction or other interferences with proper operation
of the sewage collection system or the sewage disposal system.
(6)
Having a pH lower than 6 1/2 or higher than nine or having any
other corrosive property capable of causing damage or hazards to structures,
equipment or personnel of the sewage collection system or the sewage
disposal system.
(7)
Containing toxic or poisonous substances in sufficient quantity to
injure or interfere with any sewage treatment process, to constitute
hazards to humans or animals or to create any hazard in waters which
receive treated effluent from the sewage disposal system. Toxic wastes
shall include, but not by way of limitation, wastes containing cyanide,
chromium, copper and nickel ions.
(8)
Containing noxious or malodorous gases or substances capable of creating
a public nuisance.
(9)
Containing solids of such character and quantity that special and
unusual attention is required for their handling.
(10)
Notwithstanding the above provisions, any waste containing substances
or having other characteristics which violate provisions of the service
agreement or which are prohibited by the Authority to be discharged
into the sewage disposal system.
D.
Where necessary, all owners shall install suitable pretreatment facilities in order to comply with § 345-29C of this section.
(1)
Plans, specifications and any other pertinent information relating
to proposed facilities for preliminary treatment and handling of wastes
shall be submitted for approval of this Borough, and no construction
of any such facility shall be commenced until approval thereof first
shall have been obtained, in writing, from this Borough and until
approval thereof first shall have been obtained from any governmental
regulatory body having jurisdiction.
(2)
Whenever facilities for preliminary treatment and handling of wastes
shall have been provided by any owner, such facilities continuously
shall be maintained, at the expense of such owner, in satisfactory
operating condition; and this Borough shall have access to such facilities
at reasonable times for purposes of inspection and testing.
E.
Nothing contained in this section shall be construed as prohibiting
any special agreement or arrangement between this Borough and any
person whereby industrial wastes of unusual strength or character
may be admitted into the sewage collection system by this Borough,
either before or after preliminary treatment; provided, however, that
any such special agreement or arrangements shall be subject to approval
of the Authority.
A.
No person shall discharge or cause to be discharged into the sewage
collection system any industrial wastes except upon application to
this Borough and upon receipt of a written permit therefor from this
Borough.
B.
Required survey data. Any person desiring to make or use a connection
to the sewage collection system through which industrial wastes shall
be discharged into the sewage collection system shall file with this
Borough an "Industrial Wastes Questionnaire," to be furnished by this
Borough, which shall supply to this Borough pertinent data, including
estimated quantity of flow, characteristics and constituents, with
respect to industrial wastes proposed to be discharged into the sewage
collection system. The cost of obtaining all such data shall be borne
by the person desiring to make or use a connection to the sewage collection
system.
C.
Control manholes.
(1)
Any person who shall discharge industrial wastes into the sewage
collection system, when required by this Borough, shall construct
and thereafter properly shall maintain, at his own expense, a suitable
control manhole and other devices as may be approved by this Borough
to facilitate observation, measurement and sampling by this Borough
of industrial wastes discharged to the sewage collection system.
(2)
Any such control manhole, when required by this Borough, shall be
constructed at an accessible, safe, suitable and satisfactory location
in accordance with plans approved by this Borough prior to commencement
of construction.
D.
Changes in type of wastes. Any industrial establishment discharging
sanitary sewage and/or industrial wastes into the sewage collection
system and contemplating a change in the method of operation which
will alter the characteristics and/or volumes of wastes at the time
being discharged into the sewage collection system shall notify this
Borough, in writing, at least 10 days prior to consummation of such
change.
E.
This Borough reserves the right to require industrial establishments
having large variations in rates of waste discharge to install suitable
regulating devices for equalizing waste flows to the sewage collection
system.
A.
The furnishing and installation of meters or other measuring devices
which shall not be owned by this Borough or any municipality authority
or private or public water company, but shall be permitted under the
provisions of this Part 2, shall be the sole responsibility of the
owner. The installation or use of such meters or other measuring devices
at all times shall be subject to the approval of this Borough and
may be tested and inspected by this Borough whenever necessary. The
owner shall be responsible for the maintenance, safekeeping and repair
of any such meter, whether such repairs shall be made necessary by
ordinary wear and tear or other causes.
B.
This Borough shall be responsible for the reading of all meters or
other measuring devices, other than those owned and read by any municipality
authority or private or public water company, and the same shall be
available to employees and agents of this Borough at all reasonable
times.
C.
Representatives of this Borough shall have the right of access to
any part of any improved property served by the sewage collection
system and any meters used for purposes of establishing or determining
water consumption, water excluded from the sewage collection system
or sanitary sewage or industrial wastes discharged to the sewage collection
system.
The Borough reserves the right to refuse to any person the privilege
of connection of any improved property to the sewage collection system,
or to compel the discontinuance of use of the sewage collection system
by any person or to compel the pretreatment of any industrial wastes,
in order to prevent discharges into the sewage collection system of
any wastes deemed to be harmful to the sewage collection system or
the sewage disposal system.
A.
This Borough reserves the right to adopt and promulgate, from time to time, additional classifications and sewer rentals or charges therefor, or modifications of the schedule of sewer rentals or charges as set forth in this Part 2, which additional classifications and sewer rentals or charges, or modifications, as the case may be, shall be construed as a part of this chapter.
B.
This Borough reserves the right to adopt and promulgate, from time
to time, such additional rules and regulations as it shall deem necessary
and proper for the use and operation of the sewage collection system,
which rules and regulations shall be construed as part of this chapter.
It is hereby declared that the enactment of this Part 2 is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of this Borough.
