[Ord. 424, 6/4/1973; as amended by Ord. 490, 5/4/1981]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this Part shall be as follows:
Nazareth Borough Municipal Authority, a Pennsylvania municipality
authority.
The Borough of Nazareth, Northampton 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.
The extension from the sewage drainage system of any structure
to the lateral of a sewer.
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 waste shall be or may be discharged.
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.
Any solid, liquid or gaseous substance or waterborne 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.
That part of the sewer system extending from sewer to the
curb line, or, if there shall be no curb line, to the property line,
or, if no such lateral shall be provided, then “lateral”
shall mean that portion of, or place in, a sewer which is provided
for connection of any building sewer.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity.
Normal water-carried household and toilet wastes discharged
from any improved property.
Any pipe, main or conduit constituting a part of the sewer
system used or usable for sewage collection purposes.
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 or
operated by the Authority.
[Ord. 424, 6/4/1973; as amended by Ord. 490, 5/4/1981]
1.
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 the Authority may require, within 45 days after notice to
such owner from the Authority 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 by the Authority from time to time.
2.
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under § 18-102, Subsection 1, to be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or as otherwise shall be established by the Authority from time to time.
4.
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 Subsection 1, except where suitable treatment has been provided which is satisfactory to the Authority.
5.
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 § 18-102, Subsection 1, 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 the Borough, shall be cleansed and filled at the expense of the owner of such improved property and under the direction and supervision of the Authority; 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.
6.
No privy
vault, cesspool, sinkhole, septic tank or similar receptacle at any
time shall be connected with a sewer.
7.
The notice by the Authority to make a connection to a sewer, referred to in § 18-102, Subsection 1, shall consist of a copy of this Part, 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 Part 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 waste 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.
[Ord. 424, 6/4/1973; as amended by Ord. 490, 5/4/1981]
1.
No person
shall uncover, connect with, make any opening into or use, alter or
disturb in any manner any sewer or any part of the sewer system without
first obtaining a permit, in writing from the Authority.
3.
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 Authority of the desire and intention
to connect such improved property to a sewer.
C.
Such
person shall have given the Authority 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 Authority
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.
4.
Except
as otherwise provided in this Subsection 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 the Authority, in writing, shall have
been secured and subject to such rules, regulations and conditions
as may be prescribed by the Authority.
5.
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 the Authority from
all loss or damage that may be occasioned, directly or indirectly,
as a result of connection of a building sewer to a sewer.
6.
A building
sewer shall be connected to a sewer at the place designated by the
Authority 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.
7.
If the owner of any improved property benefited, improved or accommodated by a sewer, after 45 days' notice from the Authority requiring the connection of such improved property with a sewer in accordance with § 18-102, Subsection 1, shall fail to connect such improved property, as required, the Authority may make such connection and may collect from such owner the cost and expenses thereof by a municipal claim, an action in assumpsit’s or such other legal proceeding as may be permitted by law.
[Ord. 424, 6/4/1973; as amended by Ord. 490, 5/4/1981]
1.
Where
an improved property at the time connection to a sewer is required,
shall be served by its own sewage disposal system or device, the existing
house sewer line shall be broken on the structure side of such sewage
disposal system or device and attachment shall be made, with proper
fittings, to continue such house sewer line, as a building sewer.
2.
No building
sewer shall be covered until it has been inspected an approved by
the Authority. 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.
3.
Every
building sewer of any improved property shall be maintained in a sanitary
and safe operating condition by the owner of such improved property.
4.
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 Authority.
5.
If any
person shall fail or refuse, upon receipt of a notice from the Authority,
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/or
industrial wastes into the sewer system until such unsatisfactory
conditions shall have been remedied to the satisfaction of the Authority.
6.
This Borough
authorizes the Authority 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 construed as
a part of this Part.
[Ord. 424, 6/4/1973; as amended by Ord. 490, 5/4/1981; by Ord. 565, 8/1/1988; and by Ord.
595, 10/7/1991]
1.
Any person
who shall violate any provision of this Part shall, upon conviction
thereof, be sentenced to pay a fine not exceeding $1,000 and costs
and, in default of payment thereof shall be subject to imprisonment
for a term not to exceed 30 days. Each day that a violation of this
Part continues shall constitute a separate offense.
2.
Fines
and costs imposed under provisions of this Part shall be enforceable
and recoverable in the manner at the time provided by applicable law.
[Ord. 424, 6/4/1973]
It is hereby declared that the enactment of this Part is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of this Borough.
[Ord. 515, 6/4/1984]
If any person shall fail or refuse to pay in full any sums due
the Authority and an action for recovery of same is instituted, the
persons liable for the payment of any sums adjudged to be due shall
be assessed a 25% fee for collection payable to the Authority's attorney.
[Ord. 428, 6/18/1973]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms and phrases used in this Part shall be as follows:
The Nazareth Borough Municipal Authority, a Pennsylvania
municipality authority, acts by and through its Board or, in appropriate
causes, acting by and through its authorized representatives.
Includes, as applicable, each of the following: a “commercial
establishment”, a “dwelling unit”, an “industrial
establishment” and an “institutional establishment”.
The Borough of Nazareth, Northampton 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.
Any room, group of rooms, building or enclosure used or intended
for use in the operation of one business enterprise for the sale and
distribution of any product, commodity, article or service or used
or intended for use for any social, amusement, religious, educational,
charitable or public purpose and containing plumbing facilities for
kitchens, toilet or washing facilities.
The Nazareth Sewerage Company, a Pennsylvania public utility.
Any room, group of rooms, building or other enclosure occupied
or intended for occupancy as separate living quarters by a family
or other group of persons living together or by a person 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 or may be discharged.
Any room, group of rooms, building or other enclosure used
or intended for use, in whole or in part, in the operation of one
business enterprise for manufacturing, fabricating, 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 solid, liquid or gaseous substance or waterborne wastes
or form of energy rejected or escaping in the course of any industrial,
manufacturing, trade or business process or in the course the development,
recovery or processing of natural resources, as distinct from sanitary
sewage.
Any room, group of rooms, building or other enclosure which
does not constitute a commercial establishment, a dwelling unit or
an industrial establishment.
Any improved property in which shall be located more than
one billing unit.
Any person vested with ownership, legal or equitable, sole
or partial of any improved property.
Any individual, partnership, company, association, society,
corporation of other group or entity, including a municipal authority,
and any municipal subdivision.
The normal water-carried household and toilet waste from
any improved property.
The plant and facilities owned by the company and used for
the purpose of treatment and disposition of sanitary sewage and certain
industrial wastes.
Any pipe, main or conduit constituting a part of the sewer
system and used or usable for collection and transportation of sanitary
sewage and industrial wastes.
All facilities, as of any particular time, for collecting,
transporting and pumping 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 agreement, dated as of June 1,1973, between the Borough
and the company providing, inter alia, for the ultimate discharge
of sanitary sewage and industrial wastes into facilities of the company
for ultimate treatment and disposal by the company, and such phrase
shall include all future amendments and/or supplements thereto and
an future agreement entered into in replacement and/or substitution
thereof.
The facilities owned by any person and used for the supply
of water to the public in and adjacent to this Borough.
[Ord. 428, 6/18/1973]
No person shall connect any improved property with any part
of the sewer system without first making application for and securing
a permit, in writing, from this Borough. Such application shall be
made on a form to be provided by this Borough. [See Part I of this
Chapter]
[Ord. 428, 6/18/1973]
Sewer rentals or charges are imposed upon and shall be collected
from the owner of each improved property which shall be connected
with the sewer system, for the use of the sewer system whether such
use shall be direct or indirect, and which shall be payable as provided
herein. In addition, rates and charges for transportation and treatment
of sewage in facilities of the company shall be and hereby are imposed
upon and shall be collected from the owner of each improved property
by or in behalf of the Borough, in the amounts set forth in the currently
effective tariff, as supplemented, on file with the Pennsylvania Public
Utility Commission.
[Ord. 428, 6/18/1973; as amended by Ord. 595, 10/7/1991]
1.
Sewer
rentals or charges shall be payable quarterly.
2.
The quarterly
billing date shall be the same date as shall be applicable for billing
by the company. Such bill shall cover service during the three months
immediately preceding the billing date.
3.
Sewer rentals or charges shall be due and payable upon the billing date provided for in § 18-204, Subsection 2. If sewer rentals or charges are not paid within 30 calendar days after the same become 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 30 calendar day period shall constitute payment within such period. If the end of such 30 calendar day period falls 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 therefore, in addition to bearing the aforesaid 5% charge, shall also bear interest at the rate of 1/2% per month or fraction thereof 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 quarterly billing period,
sewer rentals or charges for such period shall be prorated equitably,
if appropriate, for that portion of the quarterly billing during which
such improved property was served by the sewer system.
5.
Every
owner of improved property, which is connected to the sewer system,
initially shall provide this Borough with and thereafter shall keep
this Borough advised of his correct address. Failure of any person
to receive quarterly 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. 428, 6/18/1973]
Sewer rentals or charges imposed by this Part shall be a lien
on the improved property connected to and served by the sewer system;
and any such sewer rentals or charges which are not paid within 60
days after each quarterly billing date applicable to the particular
improved property shall be filed as a lien against the improved property
so connected to and served by the sewer system, which lien shall be
filed in the office of the Prothonotary of Northampton County, Pennsylvania,
and shall be collected in the manner provided by law for the filing
and collecting of municipal claims.
[Ord. 428, 6/18/1973]
1.
Methods
of Measuring Volume.
A.
Whenever
the entire water supply of an improved property or, if applicable,
a billing unit or billing units located therein, constituting a commercial
establishment, an institutional establishment or an industrial establishment,
which shall be discharging sanitary sewage and/or industrial wastes
into the sewer system, is supplied by the water system, the volume
of water furnished, as determined from meter readings of the water
system, shall be used as the measure of discharge of sanitary sewage
and/or industrial wastes in computing sewer rentals or charges subject
to adjustment, if appropriate, as provided in this Part.
B.
Whenever
an improved property or, if applicable a billing unit or billing units
located therein, constituting a commercial establishment, an institutional
establishment or an industrial establishment, which shall be discharging
sanitary sewage and/or industrial wastes into the sewer system, shall
have a source or sources of water supply in addition to or other than
the water system, the owner of such improved property shall provide
a meter or meters on such additional or other source or sources of
water supply. The total volume of water consumed, as determined from
the meter readings of the water system and the meter readings of the
meter or meters on such additional or other source or sources of water
supply, or the meter readings of the meter or meters on such other
source or sources of water supply, as appropriate, shall be used as
the measure of discharge of sanitary sewage and/or industrial wastes
in computing the sewer rentals or charges, subject to adjustment,
if appropriate, as provided in this Part.
C.
Whenever
an improved property or, if applicable, a billing unit or billing
units located therein, constituting a commercial establishment, an
institutional establishment or an industrial establishment shall use
water from the water system and/or water from source or sources of
supply in addition to or other than the water system for cooling or
unpolluted commercial or industrial process purposes and all or part
of the water so used shall not be discharged into the sewer system,
the volume used as the measure of discharge of sanitary sewage and/or
industrial wastes in computing sewer rentals or charges may be adjusted
by one of the following methods:
(1)
By installing a meter or other measuring device on the connection
to the sewer system. The readings from such meter or measuring device
shall be used as the measure of discharge of sanitary sewage and/or
industrial wastes in computing sewer rentals or charges.
(2)
By installing a meter or other measuring device to measure volume
not being discharged into the sewer 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 sanitary sewage and/or industrial wastes in computing sewer rentals
or charges.
(3)
If it is not practical, in the opinion of this Borough to install
a meter or other measuring device to determine continuously the volume
not discharged into the sewer system, this Borough shall determine,
in such manner and by such method as it may prescribe, the percentage
of metered water which is being discharged into the sewer system.
The quantity of water used as the measure of discharge of sanitary
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 this Borough, after notice of such estimate.
The decision of this Borough with respect to the matter shall be final
for the then current calendar year.
D.
Whenever
an industrial establishment shall discharge only industrial wastes
into the sewer system, the volume of water used, measured as herein
provided, shall be used as a measure of the quantity of industrial
wastes so discharged.
2.
Measuring
Devices. Meters or other measuring devices which shall not be available
in connection with the water system, but which shall be required or
permitted under the provisions of this Part, shall be furnished and
installed in accordance with specifications of this Borough by the
owner of the improved property at his expense, shall be under the
control of this Borough, and may be tested, inspected or repaired
by this Borough whenever necessary. The owner of the improved property
upon which such meter or other measuring device shall be installed
shall be responsible for its maintenance and safekeeping; and all
repairs thereto shall be made at the expense of the owner, whether
such repairs shall be made necessary by ordinary wear and tear or
other causes. Bills for such repairs, if made by this Borough, shall
be due and payable immediately upon completion of such repairs and
shall be collected in the same manner as quarterly bills for sewer
rentals or charges.
3.
Meter
Readings. This Borough, except to the extent that meter readings are
made by any other person in connection with the water system and are
made available to this Borough for purposes of this Part, shall be
responsible for the reading of all meters or other measuring devices
and the same shall be available to this Borough at all reasonable
times.
[Ord. 428, 6/18/1973]
1.
No person
shall discharge or cause to be discharged into the sewer system any
waste or substance which is prohibited by the company to be discharged
to the sewage treatment plant.
2.
This Borough
reserves the right to refuse permission to connect to the sewer system,
to compel discontinuance of use of the sewer system, or to compel
pretreatment of industrial wastes in order to prevent discharges deemed
harmful or to have a deleterious effect upon any portion of the sewer
system or the sewage treatment plant.
3.
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 sewer system by this Borough, upon approval by the company,
either before or after preliminary treatment.
[Ord. 428, 6/18/1973]
This Borough shall have the right of access at reasonable times
to any part of any improved property served by the sewer system as
shall be required for purposes of inspection, observation, measurement,
sampling and testing and for performance of other functions relating
to service rendered by this Borough through the sewer system.
[Ord. 428, 6/18/1973]
The owner of each improved property connected to the sewer system
shall be responsible for all acts of tenants or other occupants of
such improved property insofar as such acts shall be governed by provisions
of this Part.
[Ord. 428, 6/18/1973]
This Borough reserves the right to 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 sewer system,
which rules and regulations shall be, shall become and shall be construed
as part of this Part.
