[Adopted 2-27-2006 by Ord. No. 328 (Ch. XXIII, Part 8, of the 2013 Code of Ordinances)]
A. 
The Borough and the Township are adjoining municipalities. The Borough owns and operates a wastewater treatment plant (the "Treatment Plant") which provides wastewater treatment and disposal services to lands within the Borough and through an agreement among the Borough, East Cocalico Township, and East Cocalico Township Authority, to certain lands within East Cocalico Township. The Borough does not require all of the existing capacity in the Treatment Plant to provide wastewater treatment and disposal services to lands within the Borough.
B. 
The portion of the Township located closest to the boundary between the Township and the Borough is provided with on-lot sewage disposal service. There have been malfunctions in on-lot sewage disposal systems within this area, which is identified in § 355-250 and which area will be hereinafter referred to as the "Service Area." In order to address the malfunctioning on-lot sewage disposal systems, the Township has explored methods of providing public sewer service to the properties within the Service Area. The Township has requested that the Borough provide wastewater treatment and disposal capacity at the Treatment Plant to enable the Township to provide public sewer service to the Service Area. The Borough has agreed to allow the Township to become a bulk customer of wastewater treatment and disposal services under the terms and conditions set forth herein which will allow the Township to provide public sewer service to the Service Area.
When used in this Agreement, the following terms, whether capitalized or not, shall have the following meaning unless a different meaning clearly appears from the context:
BOROUGH
The Borough of Adamstown, Lancaster and Berks Counties, Pennsylvania.
BOROUGH CONVEYANCE SYSTEM
The portion of the Borough Sewer System which conveys wastewater to the Treatment Plant.
BOROUGH SEWER SYSTEM
The complete wastewater collection, conveyance, treatment and disposal system owned and operated by the Borough.
CONNECTION POINT
The manhole at which the Spring Conveyance System is connected to the Borough Sewer System, Manhole Number 56.
DEP
The Pennsylvania Department of Environmental Protection or any agency successor thereto.
DOMESTIC WASTE
Normal water-carried waste from kitchens, water closets, lavatories, laundries and bathrooms, including but not limited to waste typical to households, from sanitary conveniences wherever located or existing.
EPA
The United States Environmental Protection Agency or any agency successor thereto.
GPD
Gallons per day.
I/I
Inflow and infiltration; the introduction of groundwater, stormwater or surface water into the Spring Conveyance System.
INDUSTRIAL WASTE
Any and all wastes, other than Domestic Waste, discharged from industrial establishments, certain commercial establishments including but not limited to hospitals and restaurants, and other similar businesses or institutional activities, and in other respects as such term is defined in The Clean Streams Law, Act of June 22, 1937, as amended and as may be amended, 35 P.S. § 691.1 et seq.
PERMIT
A permit or approval which authorizes a new connection to the Spring Conveyance System or an expansion of the use of the Spring Conveyance System by a property connected to the Spring Conveyance System whether or not new construction or a new connection is proposed.
SERVICE AREA
That portion of Spring Township, Berks County, Pennsylvania, encompassing certain properties which have frontage on Old Lancaster Pike and Furlow Road delineated in § 355-250 of this Part 6. The Berks County Tax Identification Numbers of each property within the Service Area is also set forth in § 355-250.
SPRING CONVEYANCE SYSTEM
The facilities to be constructed within Spring Township and within the Borough which will convey wastewater discharged from structures within the Service Area to the Borough Sewer System.
TAPPING FEES
The fee which the Borough imposes pursuant to the Borough Code and Act 57 of 2003[1] to recover capital costs of collection, conveyance and treatment facilities that are part of the Borough Sewer System.
TREATMENT PLANT
The wastewater treatment and disposal facility owned and operated by the Borough.
WASTEWATER
All Domestic Waste, Industrial Waste and I/I.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5607.
The Township shall become a bulk wastewater conveyance, treatment and disposal customer of the Borough. The Township agrees that the Township has not acquired any ownership interest in any portion of the Borough Sewer System, including but not limited to acquisition of capacity in the Borough Conveyance System or the Treatment Plant beyond the interest of any other customer of the Borough Sewer System to be entitled to discharge wastewater into the Sewage System to the extent such customer has paid tapping fees for use of the Borough's capacity and continues to pay applicable fees and charges for the conveyance, treatment and disposal of wastewater.
The Township shall limit the provision of public sewer service utilizing the Spring Conveyance System and Treatment Plant to those properties within the Service Area identified in § 355-250 of this Part 6. The Township shall not be permitted to provide public sewer service utilizing the Spring Conveyance System and/or the Treatment Plant to any property outside of the Service Area without prior written consent of the Borough, which consent the Borough may withhold or grant in its sole and unfettered discretion. The Borough and the Township agree that for planning purposes the Borough shall initially allocate 10,000 gpd of annual average flow in the Borough Sewer System for the Township's customers within the Service Area.
The Township shall submit the plans for the design and construction of Spring Conveyance System and the Connection Point to the Borough Engineer for review and approval prior to commencement of construction. All facilities shall be designed and constructed in accordance with the Borough's adopted specifications for wastewater facilities. The Borough Engineer shall provide written review comments or issue written approval of such plans within one month after receipt. If the Borough Engineer requests revisions to the plans, the Township shall make all requested revisions and resubmit the plans to the Borough Engineer for review. The Borough Engineer shall provide review comments or issue written approval within two weeks of a resubmission of the plans. The Township shall provide shop drawings to the Borough Engineer for review and approval prior to commencement of construction if requested by the Borough Engineer. The Borough Engineer shall provide review comments or issue written approval of the shop drawings within two weeks. In all reviews, the Borough Engineer shall use the same standards and criteria which the Borough imposes upon persons within the Borough proposing to extend the Borough Sewer System.
The Township shall provide the Borough Engineer with 48 hours' notice prior to the commencement of construction of the Spring Conveyance System and the Connection Point. The Township shall allow the Borough Engineer to inspect and approve the construction of the Connection Point and the Spring Conveyance System.
The Township acknowledges that it is the responsibility of the Township to obtain all other permits, including but not limited to any required highway occupancy permits and a DEP Water Quality Management Permit for installing the Spring Conveyance System and Connection Point. The Township shall be solely responsible for all costs and expenses relating to all required permits and approvals.
The Township shall be responsible for all costs which may be associated with any planning module for land development or other DEP approval which may be necessary for the construction of the Spring Conveyance System, the connection of the Spring Conveyance System to the Borough Sewer System and the treatment of wastewater from the Spring Conveyance System at the Treatment Plant. The Township shall provide the Borough with a copy of any planning module for land development filed with DEP. The Township shall provide the Borough with written verification from DEP that the Borough is not required to file a separate planning module for land development or make any improvements to the Treatment Plant to provide the wastewater treatment and disposal service contemplated under this Agreement. The Township and the Borough agree that this Agreement shall become null and void if as part of any sewer planning approval for the construction of the Spring Conveyance System, the connection of the Spring Conveyance System to the Borough Sewer System and the treatment of wastewater from the Spring Conveyance System at the Treatment Plant DEP requires the Borough to make any improvements to the Borough Sewer System or requires the Borough to provide sewer service to any property in the Township outside of the Service Area.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Prior to the connection of the Spring Conveyance System to the Borough Sewer System, the Township shall provide the Borough with a list of each structure to be connected to the Spring Conveyance System, indicating how the structure is occupied (i.e., as a single-family dwelling, multi-family dwelling, commercial establishment, etc.), to enable the Borough to calculate the Tapping Fee due for each structure which will be connected to the Spring Conveyance System. The Township shall pay to the Borough a Tapping Fee for each structure on a property identified in § 355-250, Old Lancaster Pike Sewage service area properties to be served, which shall be calculated in accordance with the then-current Borough tapping fee ordinance, codified as Chapter 237, Sewers and Sewage Disposal, Article V, Tapping Fees, of the Code of the Borough of Adamstown, prior to the discharge of any wastewater from the Spring Conveyance System into the Borough Sewer System. The Borough may amend the Tapping Fee at any time; provided, however, that the Borough shall forward a copy of the ordinance amending the Tapping Fee to the Township to enable the Township to collect the proper Tapping Fee.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Borough acknowledges that the Township may not immediately connect all of the principal structures on the properties identified in § 355-250, Old Lancaster Pike Sewage service area properties to be served, to the Spring Conveyance System. The Township shall provide a list of the structures on the properties identified in § 355-250, Old Lancaster Pike Sewage service area properties to be served, connected to the Spring Conveyance System during the initial construction of the Spring Conveyance System, prior to the discharge of wastewater from the Spring Conveyance System into the Borough Sewer System. The Township shall provide the Borough with written notice within one week after any other structure on a property identified in § 355-250 is connected to the Spring Conveyance System. The principal structures on all of the properties identified in § 355-250 shall be connected to and shall use the Spring Conveyance System within five years after the date of this Agreement.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Township shall pay to the Borough the minimum quarterly sewer rate for each principal structure on a property identified in § 355-250, Old Lancaster Pike Sewage service area properties to be served, which is not connected to the Spring Conveyance System during the initial construction of the Spring Conveyance System until a principal structure on each such property is connected to the Spring Conveyance System.
The Township shall be solely responsible for the operation and maintenance of the Spring Conveyance System. The Township shall maintain the Spring Conveyance System including, but not limited to, all pressure sewers and grinder pumps that may be necessary to service certain properties within the Service Area, in accordance with all applicable Borough standards and specifications.
The Township acknowledges that the projected wastewater flows at the Connection Point will not allow for accurate flow metering. Therefore, the Township acknowledges that the Township shall:
A. 
Require all structures which shall be connected to the Spring Conveyance System to install water meters with remote readers that accurately measure all water obtained from wells prior to connection to the Spring Conveyance System. All water meters and remote readers shall meet Borough standards and specifications.
B. 
Notify all owners of structures connected to the Spring Conveyance System that Borough representatives will read water meters on a quarterly basis and as necessary to verify unusual wastewater flows or meter readings.
C. 
Establish a program for regular inspections to determine areas of I/I together with the prompt mitigation of I/I within 90 days after, the Borough notifies the Township in writing that the Borough has observed unusual wastewater flows from the Spring Conveyance System or has any other reason to believe that I/I is occurring.
D. 
Establish a program to prohibit the connection of sump pumps, stormwater discharge pipes, and similar facilities to the Spring Conveyance System together with a program for the monitoring and removal of such improper connections.
E. 
Adopt regulations which require owners of all structures connected to the Spring Conveyance System to allow access to authorized personnel, including Borough personnel, to read water meters and to make inspections to verify sources and/or meter malfunctions of unusual wastewater flows.
F. 
Establish a program to promptly report any improper effluent discharged into the Spring Conveyance System.
G. 
Provide the Borough with annual wastewater flow information in accordance with DEP requirements for submission of the Borough's Chapter 94 annual report on or before March 1 of each calendar year.
The Township recognizes that the Treatment Plant is subject to an EPA pretreatment program. The Township agrees that this will comply with all pretreatment requirements and, if any structures other than residential dwellings are connected to the Spring Conveyance System at any time in the future, will enact and implement a pretreatment program. If the Borough determines that any wastewater which enters the Borough Sewer System from the Spring Collection System exceeds any parameter for acceptable wastewater established in the industrial waste pretreatment resolution or any standard which DEP or the EPA imposes on the Treatment Plant for raw wastewater discharges, the Township shall install or shall cause the installation of all necessary pretreatment facilities so that wastewater discharged from the Spring Conveyance. System into the Borough Sewer System meets such standards. The Borough or its staff and consultants may, from time to time, sample or monitor the quality and quantity of wastewater discharged from the Spring Conveyance System at the Connection Point. If any industrial waste is discharged from the Spring Collection System into the Borough Sewer System, the Township shall reimburse the Borough for all costs incurred in treatment of such industrial waste plus a penalty of $5,000 per incident or $500 per incident parameter tested and determined to exceed Borough limits, whichever is greater.
The Township has requested that the Borough provide certain services in addition to the wastewater treatment and disposal services set forth in this Agreement to enable the Township to properly bill its customers. The Borough will provide the following services to the Township:
A. 
Reading of water meters of all structures within the Service Area connected to the Spring Conveyance system on a quarterly basis. The schedule for such meter reading shall be mutually agreeable to the Borough and the Township.
B. 
Provision of a quarterly report identifying each structure connected to the Spring Conveyance System together with the water used in the preceding calendar quarter. The format of this report shall be mutually agreeable to the Borough and the Township. If the Township requires that this report utilize certain software to insure compatibility with any existing Township software, the Township shall provide all necessary software and installation of same on the Borough's computer system at no cost to the Borough.
C. 
The Borough shall provide meter readings as necessary when dwellings within the Service Area are transferred. The Township shall provide the Borough with not less than two working days' notice of the need for such a meter reading.
D. 
The Borough shall bill the Township for the ancillary services itemized in this Agreement at the rate of $500 per quarter. This sum shall be adjusted annually in mutual negotiations between the Borough and the Township. If an agreeable price cannot be negotiated, the Township shall become responsible for performing all of the identified services and providing the Borough with copies of each quarterly meter reading and summary reports which the Borough has agreed to provide to the Township.
The Borough shall calculate the amounts due for wastewater treatment and disposal services, conveyance services, and ancillary services as follows:
A. 
The Borough shall calculate the wastewater treatment and disposal charges by adding together a charge for each and every dwelling or other structure within the Service Area connected to the Spring Sewer System and a flat charge for the ancillary services. The per dwelling unit charge shall be comprised of the treatment charge and the conveyance charge.
B. 
The treatment and disposal charge per dwelling shall be identical to the sewer rates which the Borough imposes upon individual dwellings in the Borough at the time the Borough undertakes the quarterly water meter readings. The Township acknowledges that the Borough may change the sewer rates and charges from time to time for Borough customers, and the per dwelling unit treatment and disposal charge to the Township will be identically revised.
C. 
The conveyance charge per dwelling unit shall be calculated in accordance with § 355-251 of this Part 6.
The Borough shall bill the Township on a quarterly basis for all sums due for wastewater treatment and disposal services, conveyance charges, and the ancillary services set forth in this Agreement. The Borough shall not bill individual customers within the Service Area.
The Township shall make payments to the Borough of each quarterly invoice for wastewater treatment and disposal services, conveyance changes and ancillary services as follows:
A. 
The Township shall pay each such quarterly invoice within 45 days of the date of the invoice.
B. 
If the Township does not make any payment to the Borough when due, the Borough shall add a penalty of 10% of the amount due.
C. 
If the Township does not make payment within 90 days after the date of a quarterly invoice, interest shall accrue at the rate of 18% per annum until paid in full.
D. 
If the Township disputes an invoice forwarded by the Borough, the Township shall make payment of the invoice and shall with the payment state all grounds upon which the Township disputes the amount of the invoice. The Borough shall investigate the dispute and shall provide the Township with a written response to the dispute concerning the invoice within two weeks after the next regular Council meeting. If the Borough agrees that the Township has been overcharged, all amounts which have been overpaid shall be applied to the next invoice or invoices. If the Borough's written response does not satisfy the Township, then the Township may, at its expense, retain an independent engineer, reasonably acceptable to the Borough, to evaluate the dispute. If the independent engineer identifies any problems with metering or other equipment maintained by the Borough, the Borough shall promptly replace or repair such equipment and shall give the Township credit for all amounts the independent engineer has determined that the Township was overcharged.
The Township shall be solely responsible for establishing fees, charges, surcharges, penalties and assessments of any type for its customers and for billing and collection of all fees, charges, surcharges, penalties and assessments of any type from all customers within the Service Area.
The Township acknowledges that the Township shall be solely responsible for, and shall defend, indemnify, and hold harmless the Borough and its employees, agents, and servants (collectively "Indemnitees"), from any and all liability, loss or damage, including attorneys' fees and costs of investigation and defense, as a result of claims, demands, costs or judgments against Indemnitees which arise from or relate in any manner to of the design, installation, construction, maintenance or operation of any facilities installed as part of the Spring Conveyance System, including, but not limited to, personal injury and property damage claims of their parties.
The Township shall reimburse the Borough for all costs associated with the negotiation and preparation of this Agreement and the preparation, advertisement and enactment of an ordinance under the Intergovernmental Cooperation Act, and for all fees incurred relating to review of plans, inspection of improvements, review of easements and documents or otherwise relating to the installation of the Spring Conveyance System and Connection Point. The Township shall pay all such fees and costs within 45 days after the date of an invoice for such costs.
The Borough and the Township shall at all times deal in good faith with each other as to the subject matter of this Agreement and the transactions contemplated by this Agreement.
Any action commenced to enforce any provision of this Agreement shall be brought in the Lancaster County Court of Common Pleas.
Council of the Borough and the Board of Supervisors of the Township has enacted or shall enact an ordinance pursuant to the Intergovernmental Cooperation Act to authorize execution of this Agreement.
Any remedies provided in this Agreement, including, by way of illustration and not limitation, the imposition of any surcharge, and all other remedies provided by law or equity, shall be cumulative and concurrent.
Should any one or more of the provisions of this Agreement for any reason be held illegal or invalid, such illegality or invalidity shall not effect any, other provisions of this Agreement and this Agreement shall in such circumstances be construed and enforced as if such illegal or invalid provisions had not been contained herein.
This Agreement shall become effective upon its execution and delivery by the parties hereto. If the Spring Conveyance System is not constructed and connected to the Borough Sewer System within three years from the date of this Agreement, this Agreement shall expire and shall have no further force or effect. If the Spring Conveyance System is constructed and connected to the Borough Sewer System within three years from the date of this Agreement, this Agreement shall be perpetual.
Number
Street
Berks County PIN
Property Description
307
E Main
437302579377
2 story alum/vinyl/stl, detached
309
E Main
437307670721
2 story frame, detached improvements
311
E Main
437307671736
2 story brick/masonry
100
Furlow
437307674818
1 story asbestos
101
Furlow
437307671587
2 story alum/vinyl/stl, detached
102
Furlow
437307675901
1 story alum/vinyl/stl, detached
104
Furlow
437307675984
1 story brick/masonry
106
Furlow
437307687131
2 story brick/masonry, detached
Furlow
437307687242
Vacant Lot
Furlow
437307688066
Vacant Lot
Furlow
437307676986
Vacant Lot
2128
Old Lancaster
437302788969
2 story alum/vinyl/stl
2130
Old Lancaster
437302787651
1 story brick/masonry, detached
2131
Old Lancaster
437302797466
1 story stucco
2134
Old Lancaster
437302785654
1 story frame/masonry
2135
Old Lancaster
437302796174
1 story brick/masonry
2136
Old Lancaster
437307784636
1 story alum/vinyl/stl
2138
Old Lancaster
437307783529
1 story alum/vinyl/stl
2139
Old Lancaster
437307784909
2 story brick/masonry, detached
2140
Old Lancaster
437307781468
1-1/2 story asbestos
2141
Old Lancaster
437307783903
2 story alum/vinyl/stl, detached
2143
Old Lancaster
437307781853
1 story alum/vinyl/stl
2144
Old Lancaster
437307689314
1-1/2 story brick/masonry, detached
2145
Old Lancaster
437307689629
2 story frame, detached improvements
2149
Old Lancaster
437307687590
2 story alum/vinyl/stl, detached
2150
Old Lancaster
437307686178
1 story alum/vinyl/stl
2151
Old Lancaster
437307687426
2 story alum/vinyl/stl
2152
Old Lancaster
437307685182
1 story brick/masonry, detached
2153
Old Lancaster
437307685397
2 story composition, detached
2154
Old Lancaster
437307685029
2 story brick/masonry
2155
Old Lancaster
437307684334
2 story alum/vinyl/stl, detached
2156
Old Lancaster
437307684075
2 story brick/masonry
2157
Old Lancaster
437307682360
Commercial building, detached
2158
Old Lancaster
437307684023
2 story brick/masonry
2159
Old Lancaster
437307682124
1 story alum/vinyl/stl, detached
2160
Old Lancaster
437307673989
2 story brick/masonry
2161
Old Lancaster
437307680751
2 story brick/masonry, detached
2162
Old Lancaster
437307673926
1 story brick/masonry
2164
Old Lancaster
437307672941
2 story brick/masonry, detached
Old Lancaster
Flag Shop - On holding tank in
A
=
Total Footage of Jointly Used Borough Sewer
Total Footage of Borough Owned Sewer
B
=
Spring Township Flow (Annual Average Flow Gallons per Day)'
Total Borough Wastewater Flow (Annual Average Flow Gallons per Day)
'Spring Township flow shall be determined from pervious year water meter readings and multiplied by a factor of 1.10 to include a component for Infiltration Inflow.
'Total Borough Wastewater Flow shall be determined from previous year flows and will include total flow from the Borough and Spring Township but not include flows from East Cocalico Township Authority as they do not utilize the Borough collection system.
O and M =
Actual Previous Year Collection and Conveyance System Operation and Maintenance Code = Cost shall include all expenses associated with operation and maintenance of the Borough collection and conveyance system including but not limited to operating labor and benefits, repair costs, vehicle expenses, engineering and infiltration inflow investigation and rehabilitation.
Spring Township Conveyance System Charge = O&M x A x B
Note that we did not include in the OI and M costs capital reserve contributions and treatment facility debt service payments.
As an example it would look like the following:
A =
B =
10,986 feet = 0.337\32,620 feet
This number should remain constant until sewer is dedicated to the Borough.
10,000 gallons\338,248 + 10,000
= 0.0287
O&M=
$87,000 x 0.337 x 0.0287 = $841.90/year or $210.48/qtr. Equivalent to $210.489/40 EDUs = approximately $5.25/EDU/Qtr.