[Adopted 1-3-1967 by Ord. No. 109 (Ch. 143, Art. II, of the 1990 Code)]
As used herein, the following terms shall have the meanings stated:
COLLECTION SYSTEM
The system of public sewers, including laterals from street mains to curb or property lines, to be located within Upper Providence Township, designed for the collection of sanitary sewage and operated by a sewer authority.
INDUSTRIAL WASTE
Any solid, liquid or gaseous substance or waterborne wastes or form of energy rejected or escaping from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources, as distinguished from sanitary sewage.
SANITARY SEWAGE
The normal, water-carried household and toilet wastes resulting from human occupancy of residences and other establishments.
SEWER AUTHORITY
The Township of Upper Providence or any sewer committee or department of the Township or of the Board of Township Supervisors or any other agency operating public sewers for or at the request of the Board of Township Supervisors.[1]
TOWNSHIP
The Township of Upper Providence, Montgomery County, Pennsylvania.
[1]
Editor's Note: See also Ch. 9, Authorities, Municipal.
[Amended 10-7-1968 by Ord. No. 117; 8-6-1983 by Ord. No. 237; 4-3-1989 by Ord. No. 291; 9-17-1990 by Ord. No. 301; 9-18-2006 by Ord. No. 466]
There is hereby imposed a tapping fee for each connection made to the Township sewer collection/conveyance system, which fee shall be payable prior to final subdivision/land development approval or the issuance of building permit(s), whichever shall occur first, and which fee shall be set by resolution of the Board of Supervisors.[1]
[1]
Editor's Note: The current fee resolution is on file in the office of the Township Secretary.
A. 
There is hereby imposed upon the owners and upon the users of each property served by the collection system, for the use thereof, an annual rent to be computed and payable semiannually in accordance with the following subsections.
[Amended 9-18-2006 by Ord. No. 466; 4-20-2020 by Ord. No. 582]
B. 
The sewer rent in respect of properties served by the collection/conveyance system which are also served by a metered water supply, other than residential dwelling units, shall be computed on the basis of gallonage of water usage per semiannual period at a rate to be set, from time to time, by resolution of the Board of Supervisors, for the first 36,500 gallons or any portion thereof (such amount to be a semiannual minimum) and at an additional rate per 1,000 gallons for usage in excess of 36,500 gallons. In any case, where a substantial portion of the total water used by any such property is not discharged into the collection/conveyance system, the owner or user of the property may install, at his expense, a meter or other measuring device on the sewer connection ( in which case the sewer rent will be calculated on the reading obtained thereby) or on the facilities through which is discharged effluent not entering into the collection system (in which case the sewer rent will be calculated on the net of the total water usage less the reading obtained thereby), provided that any such meter or other measuring device and the installation and continued maintenance thereof shall be subject to the approval and inspection of the sewer authority. In the case of any property served by a metered water supply in respect of which the sewer authority determines that sewer rent cannot properly be determined on a water-usage basis because the entire water supply is not metered or properly metered or the sewer authority is prevented, for any reason, from reading the water meter or making such tests or inspections of the meter or of the water transmission or distribution facilities located on the property as it may deem necessary to determine the accuracy or sufficiency of the metering devices, then the sewer authority shall compute the sewer rent in the manner provided in Subsection C of this section.
[Amended 9-22-1970 by Ord. No. 132; 6-17-2002 by Ord. No. 417; 9-18-2006 by Ord. No. 466; 4-20-2020 by Ord. No. 582]
C. 
The sewer rent in respect of all properties served by the collection/conveyance system other than those for which the rent is computed as provided in Subsection B of this section shall be computed on a flat-rate basis at a rate to be set, from time to time, by resolution of the Board of Supervisors, per quarter-year per equivalent dwelling unit. Other types of structures or uses or property shall be equated to dwelling units in accordance with the following Table of Equivalent Dwelling Units:
[Amended 10-3-1977 by Ord. No. 194; 9-17-1990 by Ord. No. 301; 6-17-2002 by Ord. No. 417; 9-18-2006 by Ord. No. 466]
Table of Equivalent Dwelling Units (EDUs)
Classification of Property
EDUs
2-family dwelling
2
Mobile home
1
Apartment house, per rental unit
1
Hotel, per 4 rental rooms
1
Restaurant, club or tavern, per 15 seats or fraction thereof
1
Church or fire company
1
Service station or automobile repairs garage
2 bays or fewer
2
Each additional bay over 2
1/2
Barbershop or beauty shop, not attached to the owner's residence
2 chairs or fewer
1 1/2
Each additional 2 chairs or fraction thereof
1/2
Barbershop or beauty shop, attached to and forming a part of the owner's residence
2 chairs or fewer
1/2
Each additional 2 chairs or fraction thereof
1/2
Laundromat, per 5 washers
1
Retail store, office or business
8 or fewer employees
1
Each additional 4 employees or fraction thereof
1 /2
Nursing home, hospital or similar institution, per 3.5 patients and employees
1
School, public or private
Toilet facilities only, per 35 students
1
Toilet facilities and kitchen, per 27 students
1
Toilet facilities and gymnasium, per 23 students
1
Toilet facilities, kitchen and gymnasium, per 19 students
1
Any user having a commercial (i.e., 3/4-horsepower or greater) garbage grinder, per each such grinder, additional 1 EDU.
The Township reserves the right to change equivalency values from time to time, to add or delete property classifications and, in cases of dispute, to determine the proper classification of any property.
D. 
If two or more dwellings, apartments, stores, offices or industrial units are connected to the collection system through a single lateral or if two or more families use separate cooking and/or toilet facilities in a single dwelling, the sewer rent payable under Subsection B or C, whichever is appropriate, shall be computed as though each such dwelling, apartment, store, office or industrial unit and each such family were a separate property or user with a separate connection to the collection system. In computing sewer rents under Subsection B, in such cases the total water usage shall be divided by the number of such units, unless such units are satisfactorily separately metered, and the rate applied to the resulting usage per unit, but each unit shall separately be subject to the minimum rent.
E. 
Sewer rents for commercial establishments under Subsection C, which are dependent upon the number of bays, washers, chairs, stalls or garbage grinders under the foregoing schedule, shall be computed on the basis of the average number of such bays, washers, etc., for the calendar semiannual period preceding the date of the semiannual bill.
[Amended 4-20-2020 by Ord. No. 582]
F. 
Sewer rents for schools payable under Subsection C shall be computed on the basis of the average number of pupils enrolled during the school term preceding the date of the semiannual bill. Teachers and employees shall be included with pupils for purposes of such computation.
[Amended 4-20-2020 by Ord. No. 582]
G. 
In the event that the sewer authority is not provided, upon request, with accurate information, including supporting documents to determine the number of employees or pupils using any property or such other data as may be necessary to determine a user classification or rate under Subsection C, the sewer authority's estimate or determination thereof shall be conclusive.
[Amended 9-18-2006 by Ord. No. 466[1]]
[1]
Editor's Note: Original § 143-11G, pertaining to sewer rents for retail stores and offices, as amended, was repealed 9-18-2006 by Ord. No. 466.
H. 
The sewer rent with respect to all properties which have purchased equivalent dwelling units (EDUs) more than 24 months prior to a billing period but have not connected to the sewer system or otherwise are not utilizing the total number of EDUs purchased for the property shall be computed on a flat-rate basis, per quarter-year per equivalent dwelling unit, for EDUs not in use, at a rate to be set, from time to time, by resolution of the Board of Supervisors.
[Added 9-18-2006 by Ord. No. 466]
A. 
The annual sewer rents imposed by § 237-11 hereof cover the discharge into the collection/conveyance system of sanitary sewage only, and all persons are hereby prohibited from discharging into the collection/conveyance system any wastes, substances or other matter other than sanitary sewage, except in accordance with this section. Without limiting the generality of the foregoing, all persons are specifically prohibited from discharging into the collection/conveyance system any stormwater or roof or subsurface drainage from stormwater inlets, sump pumps, floor drains, roof leaders or other direct sources and any substance or waste: [see Ordinance No. 322, "Pre-Treatment Regulations, and Ordinance No. 469, which amends Ord. No. 322].
[Amended 9-18-2006 by Ord. No. 466; 12-4-2006 by Ord. No. 469]
B. 
Industrial wastes may be discharged into the collection system but only upon prior written permit issued by the sewer authority. Application for any such permit shall be accompanied by such information relating to the nature or character of the industrial waste proposed to be discharged or otherwise, including, without limitation, a detailed engineering report in respect thereof prepared by a registered engineer or engineering firm, as the sewer authority may reasonably require. Any permit issued under this Subsection B may be conditioned upon compliance with such reasonable restrictions as the sewer authority may impose, including, without limitation, requirements for the establishment of facilities for the pretreatment and prescreening of wastes, the construction of flow-equalization facilities to assure a uniform rate of discharge and the construction of suitable control manholes to facilitate observation, sampling and measurement of wastes and the discharge thereof. Grease, oil and sand interceptors shall be provided by the applicant when they are required by the sewer authority for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients. All such interceptors shall be of a type and capacity approved by the sewer authority and shall be located as to be readily and easily accessible for cleaning and inspection. Where any such required facilities or interceptors are constructed, they shall be maintained continuously in satisfactory and effective operation by the applicant, at his expense. No permit for the discharge of industrial wastes issued under this Subsection B shall be deemed to give any right to the applicant to continue such use, and any such permit may be revoked by the sewer authority at any time.
C. 
The sewer authority may promulgate prohibitions against specific types or strengths of industrial wastes or other substances (in addition to those set forth in Subsection A above) which are harmful to the collection system or which the Montgomery County Sewer Authority has prohibited from discharge to its treatment and disposal facilities to which the collection system is to be connected. Such prohibitions may be modified from time to time by the sewer authority, and any permit issued pursuant to Subsection B of this section shall, by virtue hereof, be subject to such prohibitions as the same are in existence from time to time. Any person questioning the reasonableness of any such prohibitions as applied to property owned or used by such person shall have the right to a hearing before the Board of Supervisors within a reasonable time after requesting the same (but such request shall not operate as a stay of such prohibitions), except in cases where such prohibitions have been established or specifically approved by ordinance.
D. 
Upon the issuance of any permit for the discharge of industrial waste in accordance with Subsection B of this section, the sewer authority shall establish the rent to be paid for the use permitted thereunder and shall report such rent to the Board of Township Supervisors. Upon approval by the Board, such rent shall be deemed imposed under this article.
A. 
The flat-rate sewer rents imposed by § 237-11C shall be payable semiannually in advance, and the rent for each semiannual period shall be billed and payable as of the 15th day of the semiannual period, i.e., on the 15th day of April and October in each year. Rent for the semiannual period in which the connection is made shall be prorated and shall be billed in conjunction with the next regular semiannual billing or by special billing, as the official responsible for billing may elect. When sewer service has been provided in such manner as to make a connection available for more than six months, any property capable of connection therewith shall be billed as if connection had actually been made, unless a waiver has been granted by the Board of Supervisors in accordance with § 237-3A.
[Amended 3-3-1969 by Ord. No. 120; 9-18-2006 by Ord. No. 466; 4-20-2020 by Ord. No. 582]
B. 
The water-usage sewer rents imposed by § 237-11B shall be payable upon billing and shall be billed and payable on a semiannual basis. The respective dates of semiannual meter reading and billing in respect of the several properties subject to such sewer rents shall be established by the sewer authority and may be on a staggered basis. The first such reading and billing in respect of each such property may be based upon such time period not exceeding six months, as the sewer authority may determine, with appropriate proration of the rent in respect of any such periods which vary from an exact semiannual period.
[Amended 4-20-2020 by Ord. No. 582]
C. 
Bills for sewer rent shall be mailed to the address specified in the application for permit to make the connection, unless and until a different address is specified by the owner or user of the property to the sewer authority. Failure to receive a bill as a result of an incorrect address or otherwise shall not excuse nonpayment of rent nor extend the time for payment.
[Amended 11-7-1988 by Ord. No. 288; 4-20-2020 by Ord. No. 582]
If any semiannual installment of sewer rent is not paid within 30 days after the date of the bill, a penalty of 10% shall be added thereto. Any unpaid sewer rent, together with penalties thereon to the extent permitted by law, shall be a lien on the property served which may be collected by the filing of a civil complaint or by the filing of a lien in the nature of a municipal claim. In addition, the sewer authority may require any water utility to shut off the water supply to any property with respect to which the sewer rent imposed hereby is unpaid until all such rents, together with penalties as aforesaid, are paid.
Rules and regulations regarding the payment and collection of the sewer rents imposed hereunder and the use of the collection system may be promulgated by the sewer authority, and upon approval by the Board of Township Supervisors, such rules and regulations shall become effective as though set forth herein.
The Township reserves the right to amend or modify this article or any parts thereof at any time or from time to time.
[Added 7-2-1973 by Ord. No. 153; amended 9-17-1990 by Ord. No. 301; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any discharge into the collection system in violation of the provisions of § 237-12 hereof shall be deemed a violation of this article and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense.