Sewer rates and charges are imposed upon and shall be collected from the owner of each improved property which shall be connected to the sewer system, whether such use or benefit resulting therefrom or such connection shall be direct or indirect, in accordance with the following:
A. 
Sewer rental rate categories.
(1) 
Metered residential establishments and nonresidential establishments. All owners of residential establishments and nonresidential establishments provided with metered water service by the Borough shall, subject to the exceptions set forth hereafter, pay sewer rates and charges based on actual volume of water consumed and computed at the volume rate as set forth in Subsection B below. For the purpose of determining the actual volume of water consumed, there shall be included metered water purchased from the Borough and all water obtained from sources other than the Borough, in each case as determined from meters installed and maintained by the Borough or from meters installed and maintained by any such person or from estimates or measurements by the person or from estimates or measurements by the Borough. For all such customers, the sewer rates and charges shall be based upon the water consumed, as above determined and subject to Subsection A(2), during the water service period immediately preceding the service period in which the sewer billing is rendered.
(2) 
Nonresidential establishments that exclude wastewaters from sewer system. Exclusion from the sewer system of noncontaminated wastewaters may be required of a nonresidential establishment by the Borough, or such exclusion may be optional with the property owner if not required by the Borough. When such wastewaters are excluded or when any other portion of the water consumption of a nonresidential establishment does not reach the sewer system, sewer rates and charges shall be based upon water consumption, less water excluded, as set forth under Subsection A(1) and, as may be applicable, as set forth in Subsection A(4). The water so excluded may be determined from meters installed and maintained by the Borough or by the person owning the property concerned or from estimates or measurements by the Borough; provided, however, that any nonresidential establishment may elect to, or, upon order of the Borough, shall, install, pay for and maintain a meter approved by the Borough for measuring the volume of wastewater discharged into the sewer system, in which case the sewer rates and charges shall be based upon the actual volume of wastewaters so measured and shall be computed at the volume rate set forth under Subsection B below.
(3) 
Nonmetered residential establishments. All persons owning residential establishments connected to the sewer system and having an unmetered water source shall pay a flat rate sewer rental per residential property per year as set forth in Subsection B below, or its adjusted equivalent for service periods of less than a year.
(4) 
Nonresidential establishments that discharge excess-strength wastewaters to the sewer system. The owner of a nonresidential establishment discharging wastewaters to the sewer system having an average five-day biochemical oxygen demand (BOD5) greater than-300 mg/L, a total suspended solids (TSS) content greater than 300 mg/L, a total phosphorous (P) content greater than 12 mg/L, an ammonia nitrogen (NH3-N) content greater than 35 mg/L or an oil and grease content greater than 150 mg/L shall pay a strength-of-waste surcharge in addition to applicable volume charges. Said surcharges shall be determined in accordance with the rates set forth in Subsection C below. The strength of wastewaters to be used for establishing the amount of a surcharge shall be determined at least once annually either by suitable sampling and analysis of wastewaters at a frequency determined by the Borough during a period of normal plant operation or from estimates made by the Borough or from known relationships of products produced to strengths of wastewaters for those industries where such factors have been established. In establishing wastewater strengths for surcharge purposes by analysis, analyses shall be made in accordance with procedures at 40 CFR 136. Owners of nonresidential establishments discharging domestic and/or nondomestic wastewaters to the sewer system shall furnish the Borough, upon request, all information deemed essential by the Borough for the determination of applicable sewer rate surcharges for excess-strength wastewaters. The cost of obtaining such information shall be borne by the owner of the nonresidential establishment.
[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]
B. 
Sewer rental rates and charges. Rates for collection and treatment of sewage shall not exceed those schedules which shall be adopted from time to time by resolution of the Council of the Borough of Shippensburg, provided that rates shall not be changed more than one time in any calendar year, unless said rates shall be approved by passage of an ordinance fixing the rates.
C. 
Surcharge values and rates.
(1) 
Threshold values for surcharges.
[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]
Parameter
Threshold Values*
(ppm)
Biochemical oxygen demand (BOD)
300
Total suspended solids (TSS)
300
Total phosphorus (P)
12
Ammonia nitrogen (NH3-N)
35
Fats, oil and grease (FOG)
150
*NOTE: Any daily discharge exceeding the threshold values is subject to being assessed the following surcharge rates.
(2) 
Surcharge rates. Rates for surcharges shall be those as adopted from time to time by resolution of the Council of the Borough of Shippensburg. Surcharge rates shall be established for the following parameters: Biochemical Oxygen Demand (BOD5), Total Suspended Solids (TSS), Total Phosphorous (TP), Ammonia Nitrogen (NH3-N), and Fats, Oils and Grease (FOG).
[Amended 8-7-2012 by Ord. No. 885, approved 8-7-2012; 5-19-2020 by Ord. No. 946, approved 5-19-2020]
(3) 
Calculations for surcharge cost per month.
[Amended 8-7-2012 by Ord. No. 885, approved 8-7-2012; 5-19-2020 by Ord. No. 946, approved 5-19-2020]
BOD
=
Q, MGD x (BOD-300 mg/L) x (8.34) x (Surcharge Rate/Lb) x Days/Month)
TSS
=
Q, MGD x (TSS-300 mg/L) x (8.34) x (Surcharge Rate/Lb) x (Days/Month)
TP
=
Q, MGD x (TP-12mg/L) x (8.34) x (Surcharge Rate/Lb) x (Days/Month)
NH3-N
=
Q, MGD x (NH3-N-35 mg/L) x (8.34) x (Surcharge Rate/Lb) x (Days/Month)
FOG
=
Q, MGD x (FOG-150 mg/L) x (8.34) x (Surcharge Rate/Lb) x (Days/Month)
Total Surcharge
=
BOD + TSS + TP + NH3-N + FOG
(4) 
Seasonal adjustments of the surcharge rates may be permitted by the Borough as provided by applicable state and federal permit conditions.
D. 
Users not governed by this article. Wastewater transportation, treatment and disposal services performed by the Borough and Authority, as applicable, for the Cumberland-Franklin Joint Municipal Authority, pursuant to certain contracts, shall not be governed by this article.
E. 
Billing and collection of rates and charges. Billing and collection of sewer rates and charges shall be governed as follows:
(1) 
Effective date and service periods.
(a) 
Effective date. Sewer rental charges set forth herein became effective on January 1, 1979, and thereafter.
(b) 
Service period and billing of Borough customers. Bills for the payment of rentals for sewer service and the use of the sewer system pursuant to this article shall be rendered in accordance with the following schedule:
Months of Billing
Months of Service Covered by Billing
January
October, November and December
April
January, February and March
July
April, May and June
October
July, August and September
(c) 
Service periods and billing of the Cumberland-Franklin Joint Municipal Authority and Shippensburg University. Bills for use of the sewer system by the Cumberland-Franklin Joint Municipal Authority and commonwealth relating to Shippensburg University shall be rendered quarterly in accordance with the applicable service agreements.
(d) 
Billing for surcharge fees may be on a different schedule that the regular billing periods. It could be monthly or quarterly.
(2) 
Delinquent rentals; shutting off sewer and water service; liens.
(a) 
Penalties. If any bill for sewer rentals is not paid within 30 days after the same shall become due and payable, it shall be delinquent, and a penalty of 10% shall be added, and such bill, excluding the penalty, shall thereafter bear interest at the rate of 1.5% per month (18% annually) or portion thereof until paid.
(b) 
Termination of sewer and water service. Upon the failure of any person to pay in full any bill for sewer rates and charges within 30 days after the same shall become delinquent, the Borough shall have the right to terminate sewer service to the property of such person or to turn off the water supply to such property for such period or periods as the Borough may in its discretion determine. After payment of all delinquent bills against such property, service may be restored upon payment of all expenses which have been incurred in terminating such service, turning off the water supply or restoring the same.
(c) 
Liens. The sewer rates and charges imposed by this article and rules and regulations promulgated by the Borough shall be a lien on any of the improved properties served from the date the charge therefor first becomes due and payable. In addition to all other rights of the Borough herein granted, if such sewer rates and charges are not paid, the Borough may file such liens and collect the same in the manner provided by law for the filing and collection of municipal liens and claims or may proceed to collect such sewer rental by action in assumpsit in the name of the Borough against the owner of the property charged or the user of the same.
The owner of any improved property connected to the sewer system shall be responsible for all acts of tenants or other occupants of such improved property insofar as such acts shall be governed by provisions of this article.