[Adopted 12-27-1995 by Ord. No. 107-95]
[Amended 3-5-1996 by Ord. No. 109-96; 12-18-1996 by Ord. No. 115-96; 11-14-2007 by Ord. No. 200-2007; 4-10-2019 by Ord. No. 308-2019]
The Township shall be divided into five sanitary sewer districts: District A, comprising that part of East Whiteland Township not included within Districts B, C, D, and E; District B, comprised of those properties served by the western extension of the Route 30 sewer main; District C, comprised of the residential dwellings located in the Lockwood Chase subdivision; District D, comprised of all properties that flow into and whose effluent is treated at the sanitary sewage facility that serves the dwellings in the Malvern Hunt development; District E, compromised of all commercial and residential properties located in the Atwater development south of the quarry; and such additional districts as shall be established by ordinance from time to time by the Board. The geographic boundaries of each such district shall be shown on the Township's Sewer Districts Map, which is authorized hereby, incorporated herein by reference thereto, and made a part hereof. Such Map shall be amended from time to time as authorized by the Board by resolution or as necessitated by amendment of this chapter. Together, these districts shall constitute the East Whiteland Public Sanitary Sewer System. All sewer transmission, trunk, interceptor and outfall mains, manholes, pumping stations and other facilities owned by or dedicated to the Authority and now physically located or hereafter installed, constructed, replaced, repaired and maintained within each such district shall constitute a part of the sewer system of each such district.
Unless the context specifically indicates otherwise, the meaning of terms used in this Part 3 shall be as follows:
AUTHORITY
East Whiteland Municipal Authority, as presently or hereafter constituted, which has been created by the Board of Supervisors and to which has been referred by the Board of Supervisors the specific project of sewers.
BOARD
The Board of Supervisors as the governing body of the Township.
COMMERCIAL ESTABLISHMENT
Any structure or any portion thereof intended to be used wholly or in part for the purposes of carrying on a trade, business or profession or for social, amusement, religious, education, charitable or public use, and which contains plumbing for kitchen, toilet or washing facilities. Hotels, motels, boarding or rooming houses and institutional dormitories shall be included in this definition, except as otherwise provided in the schedule set forth in § 154-106 hereof.
INDUSTRIAL ESTABLISHMENT
Any structure or any portion thereof, intended to be used wholly or in part for the manufacturing, fabricating, processing, cleaning, laundering or assembly of any product, commodity or article.
INDUSTRIAL USER
(as defined in the United States Environmental Protection Agency Rules and Regulations, 40 CFR 35.905-8)
A. 
Any nongovernmental user of publicly owned treatment works identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions:
B. 
Division A: Agriculture, Forestry, and Fishing.
C. 
Division B: Mining.
D. 
Division D: Manufacturing.
E. 
Division E: Transportation, Communications, Electric, Gas, and Sanitary Services.
F. 
Division I: Services.
G. 
A user in the divisions listed may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.
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 distinct from sanitary sewage.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property served, directly or indirectly by the sewer system.
PERSON
Any individual, firm, company, association, society, corporation or group.
PRIVATE DWELLING UNIT
Any room, group of rooms, house trailer, structure, dwelling or enclosure intended to be occupied as separate living quarters by a family or other group of persons living together or by persons living alone but excluding institutional dormitories. Each private dwelling unit in a double house, row or connection houses, in a trailer park or in an apartment or condominium or cooperative development will be billed as a separate entity.
PUBLIC WATER SYSTEM
A water supply system regulated by the Pennsylvania Public Utility Commission, and any other "community water system," as defined in the regulations of the Pennsylvania Department of Environmental Protection.
SANITARY SEWAGE
The normal water carrying household and toilet wastes from residences, business buildings, institutions, commercial and industrial establishments.
SEWER SYSTEM
All temporary and permanent facilities at any time, and from time to time, owned by the Authority and leased to and operated by the Township and used or usable for, or in connection with, the collection of waste waters.
TOWNSHIP
The Township of East Whiteland, Chester County, Pennsylvania.
[Amended 3-5-1996 by Ord. No. 109-96; 12-18-1996 by Ord. No. 115-96; 5-5-1998; 11-18-1999 by Ord. No. 127-99]
There is hereby imposed upon each owner of each property served by the sewer system and having the use thereof, a sewer rent or charge, which shall be uniform throughout each sewer district, but which may vary from district to district, payable in equal quarterly payments as hereinafter provided, for the use, whether direct or indirect, of the sewer system, based on the schedules of classifications and rates or charges and calculated as hereinafter set forth for each such sewer district.
A. 
Compliance with EPA regulations. The sewer rent shall be determined in accordance with the United States Environmental Protection Agency (US EPA) Rules and Regulations CFR 35.928 and 40 CFR 35.935-13 and Appendix B to Part 35. The user charges for all classifications set forth below shall be subject to annual review and periodic revisions to reflect the actual operation and maintenance costs of the sewer system, and of the transmission and treatment facilities owned by others but used by the sewer system.
B. 
Unit Schedule for Availability Charge.
[Amended 12-8-2021 by Ord. No. 343-2021]
Category
Number of EDU
(1)
Each private dwelling unit or living unit
1
(2)
Each individual commercial establishment or business, having 10 or less of its own employees, attached to or forming a part of owner's residence, unless otherwise specified herein
1
(3)
Each additional 5 of its own employees or fraction thereof
1/2
(4)
Each individual commercial establishment or business, having 10 or less of its own employees, not attached to or forming a part of owner's residence, unless otherwise specified herein
1
(5)
Each additional 5 of its own employees or fraction thereof
1/2
(6)
(i) Hotel guest room/suite, motel guest room/suite and conference center guest room/suite with kitchenette - 2.5 bedrooms
1
(ii) Hotel guest room/suite, motel guest room/suite and conference center guest room/suite without kitchenette - 3.0 bedrooms
1
(iii) Kitchenette shall include any one or more of the following facilities or combination thereof: (i) sink and refrigerator; (ii) sink and stove; (iii) sink and dishwasher; (iv) sink and disposal
(7)
Each restaurant (without liquor license) per 25 seats
1
(8)
Each restaurant (with liquor license) per 10 seats
1
(9)
Each service station garage and automobile repair shop, without carwash facilities:
  2 bays or less
2
  Each additional bay over 2
1
(10)
Each barber or beauty shop, not attached to owner's residence:
  2 chairs or less
1 1/2
  Each additional two chairs or fraction thereof
1/2
(11)
Each firehouse
1 1/2
(12)
Each church or chapel
1
(13)
Each public swimming pool or private swimming club
3
(14)
Each school, public or private, having:
Toilet facilities only, per 25 pupils and staff or fraction thereof
1
Toilet facilities and kitchen, per 20 pupils and staff or fraction thereof
1
Toilet facilities and gymnasium, per 15 pupils and staff or fraction thereof
1
Toilet facilities, kitchen and gymnasium, per 12 pupils and staff or fraction thereof
1
(15)
Each property having a commercial garbage grinder of 3/4 horsepower or greater per grinder
1
(16)
Each business providing showers for employees:
  7 or less employees
1
  Each additional 7 employees or fraction thereof
1
(17)
Each funeral home
2
(18)
Each nursing home, per bed
3/4
C. 
Computation of charges.
(1) 
If two or more private dwelling units or commercial establishments are connected through a single lateral, or if two or more families use separate cooking and/or toilet facilities in a single dwelling, or if two or more types of use are made of the same property, the availability component under the foregoing schedule shall be computed as through each such unit and establishment and each such family and each such types of use were a separate property or user with a separate connection to the sewer system.
(2) 
To compute the sewer rate for facilities in a single commercial establishment which consists of multiple uses, such as a shopping center or an office building, each unit, tenant, or use shall be calculated by using the above schedule as though each unit, tenant, or use were a separate property or user with a separate connection to the sewer system. In such cases, the owner shall be liable for the full sewer charges but the owner may request the Township to bill individual units as an accommodation. Such accommodation shall not relieve the owner of the underlying obligations. Charges shall be due and payable on all units whether vacant or occupied. If the unit is vacant, one-half of the EDUs assigned to the space shall be used for the calculation.
[Amended 8-9-2006 by Ord. No. 184-2006]
(3) 
The sewer rate for each owner whose charge is based upon the number of employees shall be computed on the basis of the average number of employees for the calendar quarter preceding the date for the quarterly bill.
(4) 
The Township shall be entitled to request from each owner and to receive promptly periodic information as to the number of employees or pupils at the property. Information as to employees shall be furnished semiannually in the form of a certified list of the names of all employees and independent contractors based at the property. In the event that the Township is not provided with accurate information, including supporting documentation, to determine the number of employees or pupils and staff using any property or such data as may be necessary to determine a user classification or rate, the Township's estimate or determination thereof shall be conclusive.
(5) 
The Township reserves the right to change unit values from time to time, to add or delete property classifications, and in cases of dispute, to determine the property classification of a given property.
D. 
Sewer rates.
[Amended 12-18-2001 by Ord. No. 135-2001; 8-9-2006 by Ord. No. 184-2006; 11-14-2007 by Ord. No. 200-2007; 11-12-2008 by Res. No. 15-2008; 2-12-2014 by Ord. No. 252-2014; 12-14-2016 by Ord. No. 287-2016]
(1) 
Sewer District A: The sewer rate shall be established by resolution of the Board of Supervisors and such rate resolution shall be amended from time to time as the Board of Supervisors deems appropriate.
(2) 
Sewer District B: The sewer rate shall be established by resolution of the Board of Supervisors and such rate resolution shall be amended from time to time as the Board of Supervisors deems appropriate.
(3) 
Sewer District C: The sewer rate shall be established by resolution of the Board of Supervisors and such rate resolution shall be amended from time to time as the Board of Supervisors deems appropriate.
(4) 
Sewer District D: The sewer rate shall be established by resolution of the Board of Supervisors and such rate resolution shall be amended from time to time as the Board of Supervisors deems appropriate.
(5) 
Sewer District E: The sewer rate shall be established by resolution of the Board of Supervisors and such rate resolution shall be amended from time to time as the Board of Supervisors deems appropriate.
(6) 
Commercial and industrial users: The owner of each commercial and industrial user, whose total quarterly sewage discharge or water consumption is greater than 100,000 gallons, shall pay a sewer rate to be established by resolution of the Board of Supervisors, and such rate resolution shall be amended from time to time as the Board of Supervisors deems appropriate.
[Added 4-10-2019 by Ord. No. 308-2019]
(a) 
Where the use of water by a commercial or industrial establishment is such that substantial portions of the water so used is not discharged into the sewer system, the quantity of water used to determine the usage component shall be computed by one of the following methods:
[1] 
Method No. 1: By placing the meter or measuring device on the sewer connection. The reading from this meter or measuring device shall be used in computing the usage component; or
[2] 
Method No. 2: By placing the meter or measuring device on the effluent not discharging into the sewer system. The reading from this meter or measuring device will then be deducted from the total water meter reading and the remainder shall be used in computing the usage component.
(b) 
When an owner can demonstrate that it is not practical to install meters or measuring devices or where the Township determines that because of infiltration or after cause, the amount of waste water discharged to the system exceeds the readings of the water meter, in either case the Township may determine, in such manner and by such methods as it may prescribe, the amount of wastewater discharged into the sewer system, and the quantity so determined to be discharged shall be used to determine the usage component, which determination shall be final.
(c) 
Measuring devices. All meters or other measuring devices not provided by the public water system, but which may be used under the provisions of this chapter, shall be furnished and installed by the owner and shall be under the control of the Township and may be tested, inspected or repaired by Township employees or agents whenever necessary. The owner shall be responsible for its maintenance and safekeeping and all repairs which are made necessary to ordinary wear and tear or other causes. Bills for such repairs, if made by the Township or Township's agents, shall be due and payable at the same time and collected in the same manner as are the bills for sewer services, and such bills from and after their due date shall constitute a lien upon the property upon which such measuring device is installed. The Township shall have the right to read all meters or measuring devices, and they shall be available to Township employees or agents for meter reading at any reasonable time.
(7) 
Single-family residential users in Sewer Districts A, B, C, D, and E shall be entitled to a discount of the annual rates set forth herein upon payment of the full amount of the annual sewer bill not later than 30 days after the date of the first bill issued by the Township for that calendar year. The discounted amount shall be established by resolution of the Board of Supervisors, and such resolution shall be amended from time to time as the Board of Supervisors deems appropriate.
[Added 4-10-2019 by Ord. No. 308-2019]
Industrial wastes may be discharged into the sewer system only pursuant to written agreement with the Township and the Valley Forge Sewer Authority and upon obtaining an industrial waste discharge permit from Valley Forge Sewer Authority; provided that rules, regulations and acceptability standards which may from time to time be adopted by the Township and Valley Forge Sewer Authority prescribed for the pretreatment of Industrial Waste are fully complied with to the satisfaction of the Township and Valley Forge Sewer Authority. Industrial wastes to be acceptable for collection and/or treatment must not exceed the characteristics set forth in Part 2, Sewer Use, of this Chapter 154. Industrial waste surcharges will be imposed and collected by the Valley Forge Sewer Authority, and will be in addition to the rentals imposed herein.
If the use or classification of any property should change within any quarterly billing period, the difference in sewer rental, if any, prorated on a monthly basis to the end of the then current calendar quarter will be charged or credited, as the case may be, on the bill for the succeeding calendar quarter. Additional classifications and additional sewer rentals may be established by the Township from time to time.
[Amended 3-5-1996]
The payments for the sewer rents (including the availability component and the usage component) by each owner shall begin immediately upon completion of the sewer connection (i.e., sewage flow is accepted into the sewer system). The sewer rents imposed shall be payable quarterly, in advance, and rent for each calendar quarter shall be billed and payable within 15 days following the beginning of each quarterly billing period, i.e., on the 15th day of January, April, July and October in each year. Rent for any billing period in which a connection is made shall be prorated, and shall be billed in conjunction with the next regular billing or by special billing as the officials responsible for billing may elect.
A. 
The charges for sewer service shall be subject to 10% penalty if not paid within 60 days after the date of the bill. If not paid within 120 days after the date of the bill, the bill plus the penalty shall bear interest from the due date at the rate of 1% per month or fraction thereof, or the maximum as permitted by law, until paid. Any unpaid sewer rent, together with penalties and interest thereon to the extent permitted by law, and all delinquent costs, shall be a lien on the property served, which may be collected by action in assumpsit, by distress and/or by a lien filed in the nature of a municipal claim and/or by termination of services as and to the extent provided by law. In addition, any costs and/or attorney's fees incurred by the Township shall be added to the unpaid sewer rent, to the extent permitted by law, along with penalties and interest as set forth above, and the aggregate of the same shall be entered as a lien on the property served.
B. 
All owners connected to the sewer system must give the Township their correct address and must inform the Township of any change of 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 at face.
C. 
Payments made, as evidenced by the United States Post Office mark, on or previous to the end of the period during which the bills are payable at face, will be deemed to be a payment within such period.
D. 
All sewer rentals, together with all penalties, interest and costs, including attorney's fees, to the extent permitted by law, not paid on or before the end of 180 days from the date of each bill shall be deemed to be delinquent. All delinquent sewer rentals and all penalties, interest and costs, including attorney's fees, 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 Chester County and shall be collected in the manner provided by law for the filing and collection of such liens.
The funds received by the Township from the collection of the sewer rental and charges and all penalties and interest thereon, as herein provided for, shall be segregated and kept separate and apart, except for purposes of investment, from all other funds of the Township and shall be used only for the purpose of defraying the expenses of the Township in the operation, maintenance, repair, alteration, inspection, depreciation or other expenses in relation to such sewer system and for such payments as the Township may be required to make to the Valley Forge Sewer Authority or to the Tredyffrin Township Municipal Authority in connection with transportation and treatment service or under any lease or agreement it may enter into in connection with the financing of the sewer system pursuant to the provisions of the Act of May 2, 1945, P.L. 382, as amended.[1] Such funds, however, may be invested in common with other Township funds pending the use thereof for the purposes above specified, provided that the amounts of such funds and the income therefrom can at all times be traced and determined.
[1]
Editor's Note: See 53 P.S. § 301 et seq.
[Amended 3-5-1996]
Beginning with the year 1996, the budget and the annual financial statements for the Sewer Fund of the Township will separately set forth the estimated and actual revenues derived from tapping fees, and the income estimated and actually earned on the Construction Fund held by the Trustee under the Trust Indenture of the East Whiteland Township Municipal Authority (said tapping fee revenue and interest income being herein collectively called the "Capital Income").
The Township reserves the right to, and may from time to time, adopt, revise, amend and readopt such rules and regulations as it deems necessary and proper for the use and operation of the sewer system, and all such rules and regulations shall be and become a part of this Part 3.
The Township reserves the right to restrict or discontinue the owner's use of the sewer service if the owner fails to comply with the established effluent standards, or comply with other provisions of this Part 3.