[Ord. 2018-2, 8/27/2018]
Unless the context specifically indicates otherwise, the meaning
of terms used in this Part and Part D shall be as follows:
The Borough of Cornwall, Lebanon County, Pennsylvania, a
Pennsylvania municipality 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
one family or other group of persons living together or by a person
living alone, upon an improved property.
An equivalent dwelling unit; the amount of sanitary sewage
discharged into the sewer system by an average dwelling in a day which
is estimated to be 220 gallons per day as established by the City
of Lebanon Authority. Nonresidential establishments shall be assigned
a number of EDUs based upon the estimated or actual sanitary sewage
discharged, and each 220 gallons per day of sanitary sewage discharged
or estimated to be discharged, together with the factor for inflow
and infiltration, shall be considered 1 EDU, with such sanitary sewage
discharge being calculated using the consecutive ninety-day period
with the highest discharge.
Solid wastes resulting from preparation, cooking and dispensing
of food and from handling, storage and sale of produce.
Any property upon which there is erected a structure or structures
intended for continuous or periodic habitation, occupancy or use by
human beings or animals and from which structure or structures sanitary
sewage and/or industrial wastes shall be or may be discharged.
Any improved property which does not constitute a dwelling
unit. Without limiting the foregoing, nonresidential establishments
shall include commercial facilities, industrial facilities, institutions,
hotels, motels, museums, schools, and churches.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, firm, partnership, company, association,
society, corporation, limited liability company, or other group or
legal entity.
Normal water-carried household and toilet wastes, including
such ground, surface or storm water as may be present.
Any pipe or conduit constituting a part of the sewer system
which shall be used or usable for collection of sanitary sewage and
industrial wastes.
All facilities, as of any particular time, for collecting,
pumping, transporting, treating and disposing of sanitary sewage and
industrial wastes, acquired, constructed, owned and operated by the
Borough.
[Ord. 2018-2, 8/27/2018]
Sewer rates and other charges established under §11-123 are imposed upon and shall be collected from the owner of each improved property which shall be connected or which is required to be connected with the sewer system, whichever first occurs, and upon owners of each EDU not connected nor required to be connected to said sewer system, whether the benefit resulting from such connection shall be direct or indirect, and regardless whether sewer service is actually utilized, which sewer rates and other charges shall commence and shall be effective for sewer service available to use on and after the date of connection to the sewer system, or the date when connection was required to be made by the Borough, or in the case of owners of EDUs not connected nor required to be connected to the sewer system, on or after the date of purchase of the EDUs, whichever first occurs, and shall be payable as provided in this Part.
[Ord. 2018-2, 8/27/2018]
1.
Except
as additionally provided in subsections .2 through .4 of this Section
or as otherwise provided, sewer rates and other charges for the use
and benefit of the sewer system from any improved property constituting
a dwelling unit or units, or a nonresidential establishment where
volume of water usage shall be metered by the Borough, shall, as to
treatment costs, be based upon a minimum operating and maintenance
charge plus volume of water usage, adjusted, if appropriate, as provided
herein and calculated per quarter annum as set forth in Appendix A
of this Part.
2.
Additionally,
all owners of EDUs whether connected or unconnected to the sewer system
shall pay a quarterly flat rate debt service charge per EDU as set
forth in Appendix A of this Part which amount shall be in addition
to the charges for treatment, operations and maintenance imposed under
subsection .1 of this Section.
3.
Additionally,
all owners of EDUs whether connected or unconnected to the sewer system
shall pay a quarterly base charge per EDU for a portion of the fixed
costs for the operations and maintenance as set forth in Appendix
A of this Part which amount shall be in addition to the charges for
treatment, operations, maintenance and debt service imposed under
subsections .1 and .2 of this Section.
4.
Additionally,
all owners of EDUs whether connected or unconnected to the sewer system
shall pay a quarterly capital improvement charge per EDU as set forth
in Appendix A of this Part which amount shall be in addition to the
charges for treatment, operations, maintenance, debt service and base
charge imposed under subsections .1, .2 and .3 of this Section.
5.
Notwithstanding
provisions of subsections .1 through .4 of this Section, in the event
the owner of any improved property constituting a nonresidential establishment
and the Borough shall agree, in writing, that the method set forth
in subsections .1 through .4 of this Section of computing sewer rates
and other charges for sanitary sewage discharged into the sewer system
from such improved property constituting a nonresidential establishment
shall be impracticable because such nonresidential establishment shall
not be metered or because of the difficulty of satisfactorily determining
volume of water usage, or volume of water usage as adjusted, or actual
metered volume of discharge, as provided for or permitted in this
Part, the sewer rates and other charges for sanitary sewer discharged
into the sewer system shall be computed in a manner as determined
by the Borough. Nothing in this subsection shall prohibit the owner
of an improved property constituting a nonresidential establishment,
at any subsequent time, from complying with applicable provisions
of this Part so that subsequent sewer rates and other charges can
be computed by the Borough in accordance with subsections .1 through
.4 of this Section.
6.
Nothing
herein shall be deemed to amend, alter or change the existing rules
and regulations governing the use of the sewer system of this Borough,
which shall remain in full force and effect.
[Ord. 2018-2, 8/27/2018]
In the event the Borough, at any time or for any reason, shall
read the water meter of any dwelling unit or nonresidential establishment
on a monthly basis, the meter readings for the appropriate three months
shall be consolidated and treated as one total for purposes of computing
sewer rates and other charges under this Part, as appropriate.
[Ord. 2018-2, 8/27/2018]
1.
Sewer
rates and other charges imposed by this Part shall be payable on the
dates and shall cover the periods as follows:
A.
For the
owner of an improved property whose bill, under provisions of this
Part, shall be computed, in whole or in part, upon the basis of volume
of water usage metered by the Borough, the billing date shall be the
same date and shall cover the same period as shall be applicable to
the water billing of the Borough.
B.
For the
owner of an improved property whose bill, under provisions of this
Part, shall be computed independent of water volume usage metered
by the Borough, the billing dates shall be July 1, October 1, January
1 and April 1 of each calendar year and shall cover a quarter annum
billing period consisting of the immediately preceding three complete
calendar months.
The provisions set forth above in this subsection .1 notwithstanding,
the owner of an improved property and the Borough may agree, from
time to time, upon such other billing dates and periods as may be
appropriate or desirable; provided, however, that billings shall be
rendered for periods not less frequent than quarter annum periods.
2.
All bills
for sewer rates and other charges shall be payable upon the date thereof
and the appropriate amount, computed in accordance with this Part,
shall constitute the net bill. If sewer rates and other charges shall
not be paid within 30 calendar days after the applicable date upon
which such shall be payable, an additional sum of 5% per quarter shall
be added to such net bill, which net bill, plus such additional sum,
shall constitute the gross bill, which gross bill shall be then due
and payable. Payment made or mailed and postmarked on or before the
last day of the applicable thirty-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 a Sunday, payment which shall
be made on or mailed and postmarked on the next succeeding weekday
which is not a legal holiday shall constitute payment within such
period. If a bill for sewer service or other charges shall be delinquent
for a period of 45 days or more, water service may be discontinued
by the Borough upon prior written notice.
In the event sewer rates and other charges imposed under provisions
of this Part shall become applicable to any improved property constituting
a dwelling unit or nonresidential establishment during a billing period,
as set forth in subsection .1 of this Section, or in the event service
to any improved property constituting a dwelling unit or nonresidential
establishment shall begin after the first day or shall terminate before
the last day of any billing period, as set forth in subsection .1
of this section, sewer rates and other charges for such billing period
not based upon volume of water usage shall be prorated equitably,
as appropriate, for the applicable portion of the billing period.
3.
Every
owner of an improved property which is connected to the sewer system
initially shall provide the Borough with and thereafter shall keep
the Borough advised of his correct address. Failure of any person
to receive appropriate bills for sewer rates and other 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. 2018-2, 8/27/2018]
1.
Sewer
rates and other charges imposed by this Part shall be a lien on the
improved property connected to or required to be connected to and
able to be served by the sewer system; and such sewer rates and other
charges which shall be delinquent shall be filed as a lien against
the improved property so connected to or required to be connected
to and able to be served by the sewer system, which lien shall be
filed and shall be collected in the manner provided by law for collection
of municipal claims.
2.
In the
event that the Borough institutes any actions to collect delinquent
sewer rates and charges, the owner shall be responsible for all costs
arising out of any collection action, including but not limited to
costs of certified mail and costs of service of process.
[Ord. 2018-2, 8/27/2018]
The 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, measurement, sampling
and testing and for performance of other functions relating to service
rendered by the Borough through the sewer system.
[Ord. 2018-2, 8/27/2018]
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. 2018-2, 8/27/2018]
1.
Notwithstanding
any provisions of this Part to the contrary, all wastes discharged
to the sewer system shall conform to the rules and regulations of
the City of Lebanon Authority governing the quantity and quality of
wastes discharged to the sewer system of the City of Lebanon Authority.
2.
The Borough
reserves the right to adopt and promulgate, from time to time, additional
classifications and sewer rates and other charges therefor, or modifications
of the schedule of sewer rates and other charges as set forth in this
Part, which additional classifications and sewer rates and other charges,
or modifications, as the case may be, shall be construed as a part
of this Part.
3.
The 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 sewer system, which rules and regulations
shall be construed as a part of this Part.
4.
Any owner
of an improved property who is discharging industrial wastes into
the sewer system and who contemplates a change in the method of operation
which will alter the type of industrial wastes at the time being discharged
into the sewer system shall notify the Borough, in writing, at least
10 days prior to consummation of such change.
[Ord. 2018-2, 8/27/2018]
All sewer rates and other charges shall be payable to the Treasurer
of this Borough or to such other officer or representative of this
Borough as shall be authorized, from time to time, by resolution of
this Borough, to accept payment thereof. The Treasurer or such other
duly authorized officer or representative of this Borough shall pay
over to a depository designated by the Borough by resolution all sewer
rates and other charges received within seven days of receipt thereof,
together with a statement showing the total amount collected. Until
so paid over, the Treasurer or other duly authorized officer or representative
of this Borough shall segregate all such sewer rates and other charges
so collected in an account separate and distinct from all other funds
of this Borough and shall hold the same in trust for purposes set
forth in aforesaid Part.
[Ord. 2018-2, 8/27/2018; as amended by Ord. 2023-1, 2/13/2023]
Any person who or which shall violate or assist or permit any
other person to violate any of the provisions of this Part shall,
upon conviction thereof in a summary proceeding, be sentenced to pay
a fine of not less than $100 nor more than $1,000, plus costs, including
the Borough’s reasonable attorneys’ fees incurred in the
enforcement proceeding. Each day that a violation continues shall
constitute a separate violation. Each section of this Part violated
shall constitute a separate violation.
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APPENDIX A.
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The below rates are effective for all consumption for bills
on or after April 1, 2023.
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SCHEDULE A
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Operation and Maintenance Charge per 1,000 Gallons of Water
Consumed during the Quarter Annum for Which the Billing Is Rendered:
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$2.89
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In accordance with §11-123.1
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Treatment Charge for 1,000 Gallons of Water Treated during the
Quarter Annum for Which Billing Is Rendered:
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$7.87
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In accordance with §11-123.1
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Debt Service per EDU:
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$0
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In accordance with §11-123.2
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Base Charge per EDU:
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$12
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In accordance with §11-123.3
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Capital Improvement Charge per EDU:
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$10
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In accordance with §11-123.4
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Sewer Schedule B is hereby established, setting forth special
charges for the sewer system.
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SCHEDULE B – SPECIAL CHARGES
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Change of Ownership Fee
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$12.50
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Leak Investigation/Sewer Credit Charge (for consumption greater
than 10,000 gal.)
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$100
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Inspection Fee for New Main Construction
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$2/LF (minimum $1,000)
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(These rates and charges may be amended from time to time by
Resolution of the Cornwall Borough Council.)
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