[Adopted 8-9-2023 by Ord. No. 332]
This article is established in order to generate sufficient revenue to maintain and repair the sanitary sewer system and to insure an amount sufficient to cover normal expenses as well as any extraordinary costs and expenses associated with the maintenance of the sanitary sewer lines within the Borough of West Leechburg.
This article is enacted under the authority granted to the Borough of West Leechburg Council pursuant to the Pennsylvania Borough Code in general and specifically sections 2061 to 2063 of the Pennsylvania Borough Code and any amendments thereto.
The Borough of West Leechburg has for a significant number of years been serviced by a combination sewer system, i.e. sanitary and storm water combined in the same sewage line. As a result of environmental changes and regulations established by the regulatory agencies of the federal government and the commonwealth it was determined that sewage separation, i.e. sanitary sewer in one line and storm water in a separate line was required. In order to comply with the regulatory requirements and to maintain the existing sewer lines and based upon an EDU study done by the Kiski Valley Water Pollution Control Authority and to address extraordinary expenses it was determined that a sewer user (rental) fee was needed.
A. 
All the provisions of this article setting forth the sewer user (rental) fee amount is for the connection to the sewage facilities of the Borough of West Leechburg and resident, commercial and industrial entities of any other municipality who use or are tapped into the West Leechburg sewage system. If a tap exists for the property that property owner is required to pay the established sewer user (rental) fee in as much as sewage service is available to the property. No permission will be granted by the borough for the removal of the tap.
B. 
All the provisions of this article setting forth the sewer user (rental) fee amount is applicable if a tap exists and the property has more than one account as the result of having multiple facilities or multiple dwelling units or being designated as apartment units or personal care, nursing home or health care facility.
The following are established as the sewer user (rental) fee, collection and penalty for the Borough of West Leechburg:
A. 
Residential:
(1) 
For each equivalent domestic unit (EDU) - $40 per EDU per quarter.
(2) 
An equivalent domestic unit (EDU) with regard to residential customers shall be defined as any room, group of rooms or enclosure, occupied or intended for occupancy as separate living quarters for a family or other group of persons living together or by persons living alone.
B. 
Commercial:
(1) 
For each equivalent domestic unit (EDU) - $40 per EDU per quarter.
(2) 
An equivalent domestic unit (EDU) with regard to commercial customers shall be defined as any office, store, shop, motel, hotel, restaurant, club, tavern, barber or beauty shop, service station, funeral home, nursing home, or other similar commercial establishment selling a product or rendering a service, or any religious, fraternal or governmental establishment. Each commercial EDU in a building or complex of buildings shall be considered to be a separate EDU even though it may be located in the same building with a domestic unit or units or other commercial units.
C. 
Industrial:
(1) 
The Borough will treat industrial customers as if they were commercial customers for the present but reserves the right to establish rates for industrial customers at other than the charge for commercial customers as set forth herein.
D. 
Rate revisions:
(1) 
The Borough specifically reserves the right to alter in the future this schedule and the flat-rate (EDU) basis upon which it is predicated and to adopt a water-usage-basis schedule calculated to return approximately the same revenues as anticipated in the above schedule.
(2) 
The Borough specifically reserves the right to modify, change or alter the per EDU fee by resolution adopted during a regular or special meeting of the borough council.
The owner of the premises shall in all cases be liable for the payment of all billing. The sewer user (rental) amount imposed by this article shall be due and payable immediately upon receipt of the bill generated by either the Borough or a third party hired or appointed by the Borough or an agent of the Borough and shall be paid not later than the due date appearing on the bill. Said charges are subject to a 5% penalty if not paid within 30 days from their due date. If not paid within 60 days after the due date, the charge plus the penalty shall bear interest at the rate of 1/2% per month or any fraction thereof until paid. Any account that is delinquent more than 90 days shall be subject to the placement of a municipal lien as set forth in the Pennsylvania Municipal Claims Act.
Any ordinance of West Leechburg Borough that is inconsistent with any of the provisions of this article is hereby repealed to the extent of the inconsistency.
Should any section or provision of this article be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this article.