As used in this article, the following words and terms shall have
the meanings respectively ascribed to them as follows, unless the
context clearly indicates a different meaning:
APPLICANT
The applicant shall be the person applying for permission to connect to and receive sewer service from the sewer system, in accordance with the conditions of Chapter
126 and the rules and regulations thereunder by the Borough of East Stroudsburg. The term "property owner" shall mean any person in whose name any property is recorded in the office of the Recorder of Deeds.
BASIC SEWER RATE
The rate charged based upon a methodology as established
for the various classifications of sewer service users, as set forth
in this chapter.
CONNECTION FEE
Connection fee and customer facilities fee, inclusive, allowed
per Act 57 of 2003 (amending Act 203 of 1990) for the cost of the
Borough tapping and/or installing the saddle and/or wye connection
on the sewer main, once excavated and exposed by the customer's
plumbing contractor. The customer shall provide for the services of
a qualified plumbing contractor to furnish and install the sewer service
line, cleanouts, labor, testing, restoration and other costs associated
with the installation of a service line from the tap on the sewer
main to the building structure to be provided sewer service in accordance
with Borough standards. Connection fees are provided for in Rate Schedule
A of this chapter.
CONSUMPTION (OR USAGE) FEE
The fee charged for the actual quantity of sewer capacity
used, as based upon water meter readings or otherwise calculated pursuant
to this chapter.
CUSTOMER
The person contractually obligated to the Borough of East
Stroudsburg to pay for sewer services and to abide by these rules
and regulations.
DWELLING
A building including one or more dwelling units.
DWELLING UNIT
A residential living area for one family (as defined in Chapter
124, Rental Property, of the Borough Code) that includes living and sleeping purposes and that has its own cooking facilities and a bathroom with a toilet and a bathtub and/or shower. The term "dwelling unit" shall not be deemed to include a room in a motel, rooming house, tourist home, hotel, hospital, nursing home, short-term rental, dormitory, fraternity or sorority house or other group residence as defined herein.
EBU (EQUIVALENT BILLING UNIT)
The sewer usage equal to 11,889 gallons/quarter or 47,556
gallons/year, as measured by the point-of-use water service meter,
and used for determining the basic sewer rate fee, as set forth in
Rate Schedule A to be charged to a customer. (These amounts are equal
to approximately 45 kiloliters/quarter or 180 kiloliters/year.) An
EBU is generally found to be equivalent to the approximate average
amount of sewer used by a single-family home within the Borough.
EDU (EQUIVALENT DWELLING UNIT)
The sewer usage equal to 79,497 gallons per year or 217.8
gallons per day, as measured by the point-of-use service meter or
by an engineer's calculation, where required. (These amounts
are equivalent to 300.90 kiloliters per year or 0.8244 kiloliters
per day.) This is the design sewer capacity for a residential dwelling
unit connected to the Borough sewer system, calculated at 90 gallons
per capita per day times 2.42, the average number of persons per household
in the Borough according to the 2000 year census data. This EDU figure
is established under the provisions of PA Act 57 of 2003 (which amended
PA Act 203 of 1990). The number of EDUs is used to determine the following
costs:
(1)
Tapping fees for new customers;
(2)
Reassessed tapping fees for existing customers which:
(a)
Install additions to existing facilities;
(b)
Expand existing facilities;
(d)
Increase sewer usage, based upon water meter readings for any
reason other than an unidentified loss of water which is remediated
within three months of determination of where the loss is occurring;
and additional tapping fees for increased sewer usage shall be calculated
annually and shall occur in the event the customer's sewer usage
as based upon water meter readings increases more than 10% over the
previous 12 months' sewer usage, as calculated in or about March
of each year.
(e)
Decrease sewer usage based upon water meter readings by more than 10% over the previous 12 months' sewer usage, as calculated in or about March of each year, and file a new or amended application with the Borough pursuant to §
126-5C, to reassess the EDUs assigned to the premises.
[Added 7-28-2020 by Ord.
No. 1371, approved 7-28-2020]
HAZARDOUS SUBSTANCES
(1)
Any hazardous substance, pollutant or contaminant as defined
in Section 101(14) and (33) of the Comprehensive Environmental Response
and Compensation and Liability Act (CERCLA), 42 U.S.C. § 9601(14)
and (33), or 40 CFR. Part 302;
(2)
Any hazardous substance, hazardous waste or solid waste, as
those terms are defined in applicable state or local law;
(3)
Any substances containing petroleum as that term is defined
in Section 9001(8) or 40 CFR 280.1; or
(4)
Any other substance for which any governmental entity requires
special handling in its collection, storage, treatment or disposal.
MATERIAL CHANGE DECREASE IN FLOW
Established where a nonresidential user, mixed-use user and/or
multiresidential dwelling customer has decreased its sewer usage,
as based on water meter readings, to its premises by greater than
10% of the previous year's usage for any reason (substantial
decrease).
MATERIAL CHANGE INCREASE IN FLOW
Established where a nonresidential user, mixed-use user and/or
multiresidential dwelling customer has increased its sewer usage,
as based on water meter readings, to its premises by greater than
10% of the previous year's usage for any reason (substantial
increase).
METER
A device approved for measuring the quantity of water consumed
by a customer, which consumption is the basis for determining the
charge for sewer service.
MGL or PPM
Milligrams per liter (or parts per million) in sewer/water
analysis.
MINIMUM FEE
The minimum (quarterly or monthly) fee charged for a premises
where sewer services are required shall be equivalent to the basic
sewer rate charged to one EBU per dwelling unit, or for any nonresidential
use, equivalent to the basic sewer rate multiplied by the number of
EBUs assessed on the premises, as calculated based on historical records
of sewer usage.
PERSON or PERSONS
Individuals, corporations, associations, joint stock companies,
firms, partnerships, governments, educational institutions, limited
liability companies, limited liability corporations, and other entities
established pursuant to statutes of the Commonwealth of Pennsylvania,
provided that "person" does not include or apply to the Borough, or
any department or agency of the Borough.
PREMISE or PREMISES
Any parcel(s) of real property located in the Borough, including
dwelling(s), dwelling units, buildings, common areas, and land and
appurtenant and/or accessory structures. The terms "premise" and "premises"
are interchangeable.
SERVICE LINE
The pipe leading from the tap on the Borough sewer main to
the premises of a sewer customer. The service line is owned by and
is the responsibility of the customer.
SEWER MAIN EXTENSIONS
Extensions of collection system pipes beyond existing facilities
and exclusive of service connections.
SEWER MAINS
The collection system pipelines owned by the Borough which
are located in streets, highways, public ways or private rights-of-way,
and which are used to serve the general public.
SEWER SYSTEM
(1)
Includes the sewer treatment plant, collection system, fixtures,
treatment equipment, manholes, pumping stations, forcemain lines,
wet wells, cleanouts, rights-of-way and all other properties and facilities
together with related equipment now or hereafter owned, operated and
maintained by the Borough of East Stroudsburg in order to collect
and treat and dispose of sewage for municipal purposes and for the
use of the inhabitants thereof.
(2)
The term "sewer" as applied in this chapter shall be understood
to mean the sanitary sewer system as operated by the Borough of East
Stroudsburg, under the conditions of permits issued by the Pennsylvania
Department of Environmental Protection (PADEP).
SEWER USAGE
The amount of sewage or wastewater deemed discharged from
a premises to the municipal sewer system, as calculated based upon
individual point-of-use water meter readings for the premises.
SHORT-TERM RENTAL
Any premises utilized as a single-family residence rented
for the purpose of overnight lodging for a period of 30 days or less,
and which meets the definition of "hotel" for the purpose of imposing
an excise tax by the County of Monroe as defined in the County of
Monroe Ordinance No. 2004-03, as amended.
STANDBY FEE
(1)
The minimum fee charged for a premises where sewer services
have been terminated or temporarily suspended, equivalent to the basic
sewer rate charged to one EBU per dwelling unit, or for any nonresidential
use, equivalent to the basic sewer rate multiplied by the number of
EBUs assessed on the premises, as calculated based on historical records
of reserve capacity. Requests to suspend sewer services and to be
assessed a standby fee shall be made in writing by the customer to
the Borough. Provided the standby fee continues to be paid on time,
the number of EDUs allocated to the premises shall remain unchanged
and no additional tapping fees shall be charged to the customer, until
such a time as sewer service is restored and it is determined that
a material change increase in flow has occurred. If a premises is
placed in standby fee status for more than four quarters, the customer
may request the standby fee to be waived, at which time the customer
will forfeit all EDUs ascribed to the premises. Thereafter any request
for sewer services to the property will require a new payment of tapping
fees as required by this chapter.
(2)
Notwithstanding the above, no premises with an unmetered fire
protection service line shall have standby fees waived.
STREET
Includes any street, road, lane, cul-de-sac, alley, public
way and public square, either for or intended for public use, and
shall include the cartway, sidewalk, gutter, and right-of-way area,
whether or not the street, or any part of the street, is owned in
fee by others than the Borough.
TAPPING FEE
Fee allowed per the Borough Code and PA Act 57 of 2003 (amending
PA Act 203 of 1990), as amended, which is based on a collection system
charge, treatment plant capacity charge, pump station, and special
purpose charge, if any.
TEMPORARY SANITARY SEWER SERVICE
Any nonpermanent sewer service which is billed through the
use of an approved temporary water or sewer meter, provided by the
Borough, for a short and defined period of time as per the application
submitted by the customer. Such use shall include, but not be limited
to, bazaars, fairs, construction work, seasonal trailers or camps,
and temporary connection of vacant property.
TENANT
(1)
RESIDENTIAL TENANTAn adult occupant of a regulated rental unit, as defined under Chapter
124 of the Borough Code, with whom a legal relationship with the owner of the premises is established by written or oral lease, or other enforceable possessory right under the laws of Commonwealth of Pennsylvania.
(2)
NONRESIDENTIAL TENANTA person legally occupying a premises or any portion thereof with whom a legal relationship with the owner of the premises is established by written or oral lease, or any other enforceable possessory right under the laws of the Commonwealth of Pennsylvania.
USE
A lawful activity engaged in or upon a premises or any part
thereof by an owner, tenant or other persons with a legally enforceable
possessory interest to engage in such activity. A legal use may contain
multiple uses which are created by the subdivision of possessory interests
within a premises. Each use within a legally approved use is considered
its own independent use.