[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:
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.
The Board of Supervisors as the governing body of the Township.
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.
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.
(as defined in the United States Environmental Protection
Agency Rules and Regulations, 40 CFR 35.905-8)
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:
Division A: Agriculture, Forestry, and Fishing.
Division B: Mining.
Division D: Manufacturing.
Division E: Transportation, Communications,
Electric, Gas, and Sanitary Services.
Division I: Services.
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.
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.
Any person vested with ownership, legal or equitable, sole
or partial, of any property served, directly or indirectly by the
sewer system.
Any individual, firm, company, association, society, corporation
or group.
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.
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.
The normal water carrying household and toilet wastes from
residences, business buildings, institutions, commercial and industrial
establishments.
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.
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.
