[Adopted 9-12-1990 by Ord. No. 358-90 (Ch.
170, Art. XI, of the 1986 Code); amended in its entirety 6-21-2000 by Ord. No. 493-00]
This article shall be known as the "Sewer Rate
and Charge and Connection Fee Ordinance for the Use of the Sanitary
Sewer System Constructed in the Bear Run Drainage Basin of the Borough
of Franklin Park."
It is determined and declared to be necessary
and conducive to the protection of the public health, safety, welfare
and convenience of the residents of the Bear Run Drainage Basin in
the Borough of Franklin Park to collect charges from all users who
contribute wastewater to said sanitary sewer system. The proceeds
of such charges so derived will be used for the purpose of paying
debt service and operating and maintaining the aforementioned public
sewerage system.
As used in this article, the following terms
shall have the meanings indicated:
Without limiting the generality of the foregoing, all retail
stores, restaurants, office buildings, laundries and other private
business and service establishments of any kind or nature, except
those which are industrial users, residential users, institutional
users or governmental users, as those terms are defined herein.
The one-time charge levied against all users of the sanitary
sewerage system at the time that connection with the respective premises
involved is made to the system pursuant to a permit issued by the
Borough of Franklin Park, and which shall be utilized for the cost
of operation, maintenance and replacement of said sewerage system.
The amount of water consumed each year for each residential
use, or 60,000 gallons of water consumed per year or estimated to
be consumed per year for nonresidential use.
The proportionate charge required to be paid for debt service
payments and cover as set forth in the proceedings concerning the
$4,650,000 Borough of Franklin Park, Allegheny County, Pennsylvania,
General Obligation Bonds, Series of 1990, General Obligation Refunding
Bonds, Series B of 1993 and General Obligation Bonds, Series B of
1998, as regards the portion of the proceeds of such issue utilized
for the construction of the subject sanitary sewer system, and minimum
charges required to cover other constant charges agreed upon by the
industrial users, commercial users, institutional users and governmental
users.
Includes legislative, judicial, administrative and regulatory
activities of federal, state and local government, agencies and authorities
and similar users.
Includes any nongovernmental, nonresidential user of the
publicly owned sewerage system.
Includes social, charitable, religious and educational activities
and organizations, such as schools, churches, hospitals, nursing homes,
penal institutions and other similar users.
Those functions that result in expenditures during the useful
life of the sewerage system for materials, labor, utilities and other
items which are necessary for managing and operating and maintaining
the system for the purpose for which such sewerage facilities are
designed and constructed. The term "operation and maintenance" includes
"replacement," as defined herein.
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary during the useful life of the
sewerage system to maintain the capacity and performance for which
such system was designed and constructed.
Any room, group of rooms or enclosure occupied or intended
for occupancy as the separate living quarters of a person living alone,
a family or any other group of persons living together. The water
consumed each year by each residential dwelling unit within a house,
in a double house, in a row of connecting houses, in a condominium
or in an apartment building shall be defined as one EDU.
Any contributor of sewage to the subject sewerage system
whose lot, parcel, real estate or building is used for domestic dwelling
purposes only.
Any devices and systems for the collection, transmission,
storage, treatment, recycling and reclamation of municipal sewage,
domestic sewage or liquid industrial wastes. These include intercepting
sewers, outfall sewers, sewage collection systems, pumping power and
other equipment, treatment works and their appurtenances; extensions,
improvements, remodeling, additions and alterations thereof; elements
essential to provide a reliable recycling supply, such as standby
treatment units and clear well facilities; and any works, including
site acquisition of the land that will be an integral part of any
treatment process or is used for ultimate disposal of residues resulting
from such treatment (including land for composting sludge, temporary
storage of such compost and land used for the storage of treated wastewater
in land treatment systems before land application); or any other method
or system for preventing, abating, reducing, storing, treating, separating
or disposing of municipal waste or industrial waste.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
The rate paid to the Allegheny County Sanitary Authority
or any other treatment facilities for the treatment of the wastewater.
The estimated period during which the sewerage system will
be operated.
That portion of the total wastewater service charge which
is levied in a proportional and adequate manner for the cost of operation,
maintenance and replacement of any wastewater treatment works and
sewerage system.
The charges required to pay for the operation, maintenance
and administration expenses of the sewerage system in the Bear Run
Drainage Basin. Said expenses in such districts shall not be included
in the variable rate for any other sewerage district.
A water volume measuring and recording device furnished and/or
installed by a user and approved by the Pennsylvania-American Water
Company or its successors.
A.Â
The Borough shall collect and receive any and all
sewer rates, charges and connection fees set forth herein.
B.Â
The revenue collected shall be deposited in a separate
fund established for the Bear Run Drainage Basin.
C.Â
Fiscal or calendar year-end balances, as the case
may be, shall be used for no other purposes than those designated
in this article or as it may be amended. Any excess funds in the fixed-rate
or variable-rate funds may be utilized for any other charges relating
to the Bear Run system.
A.Â
Each user shall pay for the services provided based
on the use of the sewerage system at the rate of $111 per quarter
per EDU plus any additional charges hereinafter imposed by the Allegheny
County Sanitary Authority. The Borough's rate is comprised of a flat
amount of $66 per EDU plus a usage charge of $2.25 per 1,000 gallons.
B.Â
The connection fee shall be $3,300 for each connection
to the sanitary sewer, which sum shall be paid to the Borough of Franklin
Park at the time the application for such connection is made; or said
sum may be paid in semiannual installments over a two-year period,
with interest on the unpaid balance at the rate of 8% per annum. Of
the connection fee of $3,300, the Borough shall pay unto Ross Township
and McCandless Township the sum of $800, to be deposited in the maintenance
fund for the maintenance of the Ross/McCandless Joint Trunk Line Sewer
into which sanitary sewage from the Bear Run Drainage Basin shall
be delivered, and the balance of the connection fee, in the amount
of $2,500, shall be retained by the Borough of Franklin Park.
C.Â
Any user who discharges any toxic pollutant which
causes an increase in the cost of managing the effluent or the sludge
from the treatment plant(s), or any user who discharges any substances
which singly or by interaction with other substances cause identifiable
increases in the cost of operation, maintenance or replacement of
the sewerage system, shall pay for such increased cost. The charge
to each such user shall be as determined by the Borough of Franklin
Park.
D.Â
All well water customers shall be charged a fee in
accordance with the ALCOSAN consumption fee schedule for well water
customers. A copy of the schedule is attached hereto and incorporated
herein as Exhibit A.[1]
[Amended 3-21-2001 by Ord. No. 499-01]
[1]
Editor's Note: Said Exhibit A is on file in
the Borough offices.
A.Â
Bills or invoices for said sewer service shall be
submitted in the form and manner prescribed by the Borough. All bills
for such service and the ALCOSAN charge shall be rendered to the owner(s)
of the premises to which said sewer service is furnished. Such owner(s)
shall, in all cases, be liable for payment of such bills.
B.Â
All users shall be invoiced monthly. Users are delinquent
if any invoice is not paid within 30 days of the invoice date. A late
payment charge of 5% of the amount of the delinquent invoice(s) for
each and every month of delinquency shall be imposed. In the event
that any invoice is delinquent for more than 90 days, water and/or
sewer service shall be discontinued until all delinquencies, including
late payment charges, are received by the Borough.
C.Â
In the event that any invoice is delinquent for more
than three months, the Borough is authorized to undertake collection
of said delinquent amounts in any manner authorized by law, including,
but not limited to, the filing and enforcement of municipal liens.
The remedies available to the Borough are cumulative, and the exercise
of any one remedy shall not preclude the exercise of any other.
