Borough of Middletown, PA
Dauphin County
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Table of Contents
Table of Contents
[Adopted 11-17-1952[1]]
[1]
Editor's Note: This ordinance appeared in Ch. XV, Part 1, of the 1953 Code of Ordinances.

§ 226-1 Sewer system established.

The existing sewers, and those sewers to be erected in the future in the Borough of Middletown, Dauphin County, Pennsylvania, are hereby included in and made part of the system of sewers heretofore established by ordinance of the Borough of Middletown.

§ 226-2 Connection required.

[Amended 7-11-2005 by Ord. No. 1194, approved 7-11-2005]
The system of sewers heretofore established and constructed is now available to owners of improved property in said Borough, and each and every owner of such property is hereby required to connect such property with such system of sewers and to use the same without delay. Each and every owner of improved property abutting on the existing sewers which is not already connected to said existing sewers is hereby required to connect such property with said system of sewers and to use the same. With respect to sewer connections and the Plumbing Code, the code adopted in § 114-1 herein shall be enforced by the Code Enforcement Officer.

§ 226-3 Connection permit and fee.

[Added 6-8-1959 by Ord. No. 382, approved 6-8-1959; amended 3-11-1965 by Ord. No. 481, approved 3-11-1965; 1-11-1982 by Ord. No. 810, approved 1-11-1982; 4-1-1991 by Ord. No. 1014, approved 4-1-1991; 12-3-2001 by Ord. No. 1145, approved 12-3-2001]
A sewer connection permit shall be required for permission to connect to the sewer system located within the Borough of Middletown. Said permit for connection to the sewer system shall be obtained from the office of the Code Enforcement Officer.

§ 226-4 Properties to be connected as sewers become available.

As, from time to time, sewer service becomes available to additional properties within the Borough of Middletown by reason of the improvement of properties adjoining or adjacent to the system of sewers therein where said system of sewers in the properties adjoining does not meet the specifications required by the Act of 1937, P.L. 1987, as amended by the Act of 1945, P.L. 435, known as the "Clean Streams Law of Pennsylvania,"[1] or by reason of the construction of extensions to the system of sewers therein so as to make sewer service available to such additional improved properties, each and every owner of any such additional improved property shall likewise be required to connect such property with such system of sewers and to use the same without delay.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.

§ 226-5 Responsibility for connections.

[Added 6-9-1958 by Ord. No. 373, approved 6-9-1958; amended 5-9-1966 by Ord. No. 501, approved 5-9-1966; 4-6-1987 by Ord. No. 943, approved 4-6-1987; 3-1-2004 by Ord. No. 1173, approved 3-1-2004]
A. 
Where the collection system of sewers abuts on the property of the applicant, the Borough shall provide a house connection line from the collection system in the street to the curbline of the property owner at the expense of the property owner. Connections from the house connection to the curbline shall be the responsibility of the property owner. No sewerage connection nor sewerage line shall be run from any collection system in the street, lanes or highways in the Borough of Middletown to any abutting property unless and until said owner of the property abutting on said system of sewers shall first secure a permit from the Borough of Middletown and pay to the Borough a connection fee in an amount as set forth in a fee schedule established by a properly adopted resolution of the Council of the Borough of Middletown.
B. 
Certain work required for sewer service shall be performed by a private contractor, at the determination of the Borough, when conditions require. Such work may include, but is not limited to, sewer service connections to mains under state-owned highways and roads, connections at a depth greater than eight feet, connections that require bypass pumping prior to connection, or any other situation where the Borough does not have adequate manpower, time or equipment to accomplish such work.

§ 226-5.1 Responsibility for restoration of street, sidewalk and other public property disturbed.

[Added 6-4-2001 by Ord. No. 1139, approved 6-4-2001; amended 3-1-2004 by Ord. No. 1173, approved 3-1-2004; 8-7-2006 by Ord. No. 1212, approved 8-7-2006]
Sidewalks, curbs, and other public property disturbed between the structure served by the sewer lateral and the curbline in the course of installation of a sewer lateral shall be restored in a manner satisfactory to the Borough at the cost and expense of the property owner whose property is being connected to the sewer main. The Borough shall bear the expense of restoring any public property from the curbline to where the sewer lateral connects to the sewer main.

§ 226-6 Liability for malfunctions.

[Added 5-9-1966 by Ord. No. 501, approved 5-9-1966; amended 6-4-2001 by Ord. No. 1139, approved 6-4-2001; 8-7-2006 by Ord. No. 1212, approved 8-7-2006]
A. 
It shall be the duty of the property owner to clean out or, if necessary, repair and replace sewer laterals that malfunction for any reason whatsoever. Malfunctions include, but are not limited to, the growth of trees or roots of trees into the sewer lateral, age or decay of the sewer lateral, or the settling of the ground around the sewer lateral. The property owner shall be responsible for any and all cleanout and maintenance of the sewer lateral from the sewage drainage system of any structure to where said sewer lateral connects to the sewer main. In addition, the property owner shall be responsible for the repair or replacement of sewer laterals from the sewage drainage system of any structure to the curbline. The Borough shall be responsible for the repair and replacement of sewer laterals from the curbline to where said sewer lateral connects with the sewer main.
B. 
In instances where more than one dwelling unit is serviced by one sewer connection line which needs to be replaced, the property owners whose property is serviced by the connection shall replace said connection line by connecting a separate connection line to each property. The cost for installing the new connection lines shall be allocated amongst each property owner in proportion to the length of the sewer lateral that serves each separate structure.
C. 
All sewer laterals shall be inspected upon the sale or transfer of any property within the Borough. It shall be the duty of all parties to the transfer to insure the proper inspection of the sanitary sewer system.

§ 226-7 Collection of costs of repairs or cleanouts.

[Added 5-9-1966 by Ord. No. 501, approved 5-9-1966]
If the property owner shall fail to make the repairs, replacements or cleanout of the lateral or collection sewers after three days' notice by certified mail to do so, then and in that event the Borough may make said repairs, replacements or cleanouts, either by its agents, servants or employees or by contract to the lowest responsible bidder, and may collect the cost thereof from the abutting property owner by filing a municipal lien against said abutting property or by assumpsit, or by either or both remedies at the election of the Borough.

§ 226-8 Inspection of site and work.

[Added 6-9-1958 by Ord. No. 373, approved 6-9-1958]
After said connection fee has been paid and the permit issued by the Borough, no connection shall be made to the system of sewers of the Borough of Middletown until an inspection has been made of the proposed connection by the proper Borough employee, nor shall any ditch, trench or excavation dug for the purpose of making the connection to the system of sewers of the Borough of Middletown be covered or filled in prior to said inspection. In the event that said excavation, ditch or trench is filled in without inspection, the proper officers of the Borough of Middletown may require the opening of said line before connection to the system of sewers of the Borough of Middletown is permitted.

§ 226-9 Extensions to system; assessment of costs.

[Added 6-9-1958 by Ord. No. 373, approved 6-9-1958]
From and after the passage of this article, capital additions to the system of sewers of the Borough of Middletown shall only be made under the authority of this section. Said capital additions will be made by the Borough at the cost to the abutting property owners by a front-foot assessment to be established by the Borough Engineer after the capital improvement has been completed. When the Borough Engineer has certified that the capital additions have been completed by the filing of said completion certificate with the Borough Secretary, which certificate shall include all assessable costs and all assessable front feet, the Borough Council shall then determine the amount of the assessable front feet which shall be charged against the abutting property owners, which said sum shall not exceed the actual costs of erecting or extending the sewer mains, including engineering and legal fees, if any, and costs of printing and advertising, and shall equitably assess the costs against each and every property abutting the line of the improvement, making allowances for corner lots and lots of irregular shape where the assessment for the full frontage would be unjust.

§ 226-10 Prohibited acts.

[Added 6-9-1958 by Ord. No. 373, approved 6-9-1958; amended 2-12-1962 by Ord. No. 430, approved 2-12-1962; 4-6-1987 by Ord. No. 943, approved 4-6-1987]
Any person making any connection to the system of sewers of the Borough of Middletown without having first secured a permit and paid the connection fee or who shall close said excavation, ditch or trench before inspection of said connection shall be punished as provided in § 226-14 of this article and the connection heretofore made may be disconnected by the proper Borough employee without any notification to the offending property holder.

§ 226-11 Notice to make required connection; work done by Borough.

[Amended 10-11-1982 by Ord. No. 835, approved 10-11-1982]
If, after the expiration of three months from the date of completion of the construction by the Borough of Middletown of the system of sewers or any extension thereof or after the expiration of three months from the date sewer service becomes available to additional improved properties as provided in § 226-4, any owner of improved property adjacent to the system of sewers therein shall have failed to connect such property therewith as required by § 226-2 or 226-4 of this article, the Borough of Middletown may give such owner 45 days' notice that connection to such system of sewers is required by this article, either by personal service or by certified mail sent to the last known address of such owner, and upon failure of such owner to make the required connection within a further period of 30 days, the Borough of Middletown or its agent or agents may enter upon the property and construct said connection. In such case, the Borough of Middletown shall forthwith, upon completion of the work, send an itemized bill of the cost of construction of said connection to the owners of the property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal of the owner of such property to pay said bill, the Borough of Middletown shall file municipal liens or bring an action of assumpsit for such construction within six months from the date of completion of construction of such connection, the same to be subject, in all respects, to the general law providing for the filing and recovery of municipal liens and assumpsit actions.

§ 226-12 Penalty for failure to connect.

[Amended 10-11-1982 by Ord. No. 835, approved 10-11-1982; 4-6-1987 by Ord. No. 943, approved 4-6-1987]
If, after the expiration of three months from the date of completion of the construction of the system of sewers or extensions thereof in the Borough of Middletown or after the expiration of three months from the date sewer service becomes available to additional improved properties as provided in § 226-4, any owner of improved property adjacent to the system of sewers or any extension thereof shall have failed to connect such property thereto as required by § 226-2 or 226-4 of this article, the Borough of Middletown may give such owner 60 days' written notice that connection to such system of sewers or any extension thereof is required under this article, either by personal service or by certified mail sent to the last known address of such owner, and, if such owner shall have failed to make the required connection within a further period of 30 days, such failure shall be and is hereby declared a violation of this article, and such owner shall, upon conviction thereof, be punished as provided in § 226-14 of this article.

§ 226-13 Use of private systems prohibited.

A. 
At the expiration of three months from the date of the construction of the system of sewers or any extension thereof in the Borough of Middletown, it shall be unlawful for any person, firm or corporation to own, maintain, operate or use within the Borough of Middletown a privy, cesspool, septic tank or like receptacle for human excrement upon any property now or hereafter improved adjoining or adjacent to the system of sewers or any extension thereof or to connect any such privy, cesspool, septic tank or like receptacle with such system of sewers or any extension thereof.[1]
[1]
Editor's Note: See also Ch. 224, Sewage Disposal Systems.
B. 
Any person, firm or corporation violating Subsection A of this section, after 60 days' notice to that effect has been given by the Borough of Middletown by certified mail sent to the last known address or by personal service, shall, upon conviction thereof, be punished as provided in § 226-14 of this article.
[Amended 10-11-1982 by Ord. No. 835, approved 10-11-1982; 4-6-1987 by Ord. No. 943, approved 4-6-1987]

§ 226-13.1 Restriction on properties with common sewer line.

[Added 5-2-1988 by Ord. No. 969, approved 5-2-1988; amended 6-4-2001 by Ord. No. 1139, approved 6-4-2001; 8-7-2006 by Ord. No. 1212, approved 8-7-2006]
In instances where more than one dwelling unit is serviced by one sewer connection line, at no time shall an owner of any one of the dwelling units be permitted to have the sewer connection line disconnected without obtaining written permission from the owner(s) of the other dwelling units serviced by this sewer connection line. This written permission will have to be submitted to the Borough at the time an application is completed for a new sewer connection line. Whenever repairs of the common sewer line are required, the owners of the common sewer line shall replace the common sewer line pursuant to the provisions of § 226-6B.

§ 226-13.2 Separation of common sewer line.

[Added 12-3-2007 by Ord. No. 1228, approved 12-3-2007]
There shall be one sewer connection per property, parcel, or lot. In instances where more than one dwelling unit is serviced by one common sewer connection line, upon the subdivision of said dwelling units, pursuant to this Code, each dwelling unit shall maintain a separate sewer connection; installation of which shall be a condition of subdivision and cost of which shall be borne by the property owners. In those cases where two adjoining properties share a common sewer connection line, upon substantial repair or upgrade of the sewer service, lateral, water service, or plumbing in either property, a separate sewer connection shall be installed, the cost of which shall be borne by the property owners.

§ 226-14 Violations and penalties.

[Added 4-6-1987 by Ord. No. 943, approved 4-6-1987; amended 7-11-1988 by Ord. No. 972, approved 7-11-1988]
Any person who shall violate or fail to comply with any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not exceeding $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for a term not exceeding 30 days.

§ 226-14.1 Sewer rents and charges.

[Added 4-13-1959 by Ord. No. 380, approved 5-11-1959; amended 7-13-1964 by Ord. No. 471, approved 7-13-1964]
A. 
Determination of sewer rents.
(1) 
The sewer rent for collection and treatment of sanitary sewage discharged into the sewer system by all dwellings and establishments, with the exception of government-owned facilities for which a separate contract will be negotiated, will be based upon the amount of water consumed as determined from meter readings of the Middletown Water Department and shall be computed pursuant to Subsection B below.
(2) 
In cases where dwellings and establishments using the sewer system have sources of water supply other than or in combination with water supplied by the Middletown Water Department, the measured flow shall be used as the basis for the computation of the sewer rent pursuant to Subsection B below.
(3) 
In case two or more dwellings, flats, apartments, stores or offices or two or more families in one dwelling unit have the use of the sewer system through one sewer lateral, each and every dwelling, flat, apartment, store or office shall be charged the minimum charge, the same as if each such unit or family has a direct and separate connection to the sewer system. The charge in excess of such minimum shall be determined by dividing the total water consumed, as shown by the meter readings, by the number of units or families using a single sewer connection and applying the rate schedules set forth in Subsection B below to the quantity so determined.
B. 
Computation and time of payment of sewer rent and penalties.
[Last amended 8-18-2014 by Ord. No. 1303, approved 8-18-2014]
(1) 
The sewer rent imposed under Subsection A above shall be on a monthly basis for all users. All billings shall be in arrears.
(2) 
The sewer rentals, rates and charges imposed under Subsection A above shall be computed as follows:
Sewer Service Rate Schedule
Customer charge: $15 per month, increasing to $16 in 2015 and $17.20 in 2016
Uniform volumetric charge: $1.515 per 100 gallons per month, increasing to $1.540 in 2015 and $1.550 in 2016
(3) 
A penalty of 10% will be charged on all bills for sewerage service, except bills covering services rendered to the Commonwealth of Pennsylvania or any department or institution thereof or to municipalities or school districts, if not paid by the due date. In the case of bills rendered to the commonwealth or any department or institution thereof or to municipalities or school districts, a period of 30 days shall be allowed during which the bills are payable without the penalty of 10%. If the bill is not paid within five days after the 10% penalty has been invoked hereunder, the Borough, upon five additional days' notice, in writing, to the consumer, may shut off the water service until all moneys to the Borough for sewerage service have been paid. In the interpretation of this rule, payment by mail will be accepted with a discount or at face, provided that it bears a postmark date within the period prescribed.
(4) 
Users must give the Borough their correct address. Failure to receive bills will not be considered an excuse for nonpayment nor permit an extension of the period during which bills are payable with a discount or at face.
(5) 
Lower Swatara Township.
(a) 
The Borough, the Borough Authority, Lower Swatara Township and the Municipal Authority of Lower Swatara Township have entered into an agreement with a twenty-five-year term that requires the Borough and Borough Authority to provide sanitary sewer service to a portion of Lower Swatara Township, and further, Lower Swatara Township and the Municipal Authority of Lower Swatara Township agree to participate with the Borough and Borough Authority in the cost of assembly, renovation, maintenance and operation of that portion of the sanitary sewer collection system that benefits Lower Swatara as well as a proportionate part of the publicly owned treatment works.
(b) 
Pursuant to the intermunicipal agreement between the parties, a portion of the capacity of the publicly owned treatment works shall be placed in reserve for use by Lower Swatara Township.
(c) 
Pursuant to the intermunicipal agreement between the parties, Lower Swatara Township shall be billed for wastewater treatment.
(6) 
Royalton Borough.
(a) 
The Borough, the Borough Authority, Royalton Borough and the Royalton Borough Authority have entered into an agreement that requires the Borough and Borough Authority to provide sanitary sewer service to Royalton Borough, and further, Royalton Borough and the Royalton Borough Authority agree to participate with the Borough and Borough Authority in the cost of assembly, renovation, maintenance and operation of that portion of the sanitary sewer collection system that benefits Royalton as well as a proportionate part of the publicly owned treatment works.
(b) 
Pursuant to the intermunicipal agreement between the parties, a portion of the capacity of the publicly owned treatment works shall be placed in reserve for use by Royalton Borough.
(c) 
Pursuant to the intermunicipal agreement between the parties, Royalton Borough shall be billed for wastewater treatment.
C. 
Delinquent sewer rents and liens. All sewer rents, together with all penalties thereon, not paid on or before the end of one year from the date on which such bill was rendered shall be deemed to be delinquent. All delinquent sewer rentals and all penalties thereon shall be a lien on the property served and shall be entered as a lien against such property in the office of the Prothonotary of Dauphin County and shall be collected in the manner provided by law for the filing and collection of such liens.
D. 
The Borough's sewer rental charges are based upon metered water consumption regardless of whether the water is used, wasted, or lost by leakage or poor plumbing maintenance. In cases where Borough officials can determine through an investigation that: water which passed through a water meter was subsequently lost by a leak in the building plumbing system, that the leak could not have been reasonably known to the property owner or occupant, no portion of the water lost by the leak entered into the Borough's sanitary sewer system; and the applicant for the refund can prove that the leak has been repaired in accordance with Borough Codes, then the Finance Director is authorized to issue a credit on the customer account, in an amount determined as reasonable in the sole judgment of the Finance Director. The Finance Director is authorized to develop a written policy for the method of investigation and determination of such leaks, as well as a form to request credit. The credit shall be determined by the Finance Director based upon an estimation of historic sewer rental. However, in all cases, the period of adjustment shall not occur in more than two billing periods, and adjustments of this type cannot occur for any customer more than once in any twelve-month period.
[Added 6-3-2008 by Ord. No. 1236, approved 6-3-2008]
E. 
In such cases where the applicant for the refund can provide acceptable assurances that water which passed through a water meter was used for a swimming pool or spa, that such water use was in excess of 500 gallons in one billing period, and that no portion of the water used entered into the Borough's sanitary sewer system, then the Finance Director is authorized to issue a credit on the customer account in an amount determined as reasonable in the sole judgment of the Finance Director. The Finance Director is authorized to develop a written policy for the method of investigation and determination of such use, as well as a form to request credit.
[Added 6-3-2008 by Ord. No. 1236, approved 6-3-2008]