[Adopted 6-16-1994 by Res. No. 209-94[1]]
[1]
Editor's Note: This resolution was approved 6-17-1994.
Unless the context specifically and clearly
indicates otherwise, the meanings of terms and phrases used in this
article shall be as follows:
The calendar year 2005.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Borough of Palmerton, Carbon County, Pennsylvania.
The owner of an improved property where a commercial activity
is conducted.
Any room, group of rooms, building or other enclosure used
for the sale or distribution of any product, commodity, article or
service, and specifically shall include churches, chapels, clubrooms,
firehouses, professional offices, banks, schools or other room, group
of rooms, building or enclosure not constituting a residence, as that
term is hereinafter defined; provided, however, that the phrase "commercial
establishment" shall not include apartments.
Volume or waste strength not in excess of 350 gallons per
day, zero and 0.5 pounds biochemical oxygen demand (BOD) per day or
zero and 0.5 pounds of suspended solids per day (or such other volume
or waste strength as this Borough shall utilize from time to time
in determining an EDU for its users of the sewer system) of standard-strength
sanitary sewage, as that term is hereinafter defined; provided, however,
that each residence (including apartment unit) and each commercial
establishment, as those terms are herein defined, shall be considered
at least one EDU. Each fraction of an EDU shall be considered one
whole EDU.
Any property located within the Borough upon which there
is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and for which structure
sanitary sewage and/or industrial waste shall be or may be discharged.
The owner of an improved property where an industrial activity
is conducted.
Any solid, liquid or gaseous substance or form of energy
rejected or escaping in the course of any industrial, manufacturing,
trade or business process, or in the course of the development, recovery
or processing of natural resources, as distinct from sanitary sewage,
as that term is hereinafter defined.
Any person invested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
corporation or other group or entity.
Any room, group of rooms, mobile home or other enclosure
occupied or intended for occupancy as separate living quarters by
a family or other group of persons living together or by persons living
alone, and shall also include apartment units and apartments in converted
single-family residences, each apartment or converted unit being deemed
a single residence.
The normal, water-carried household and toilet waste from
a residence.
All facilities, as of any particular time, for collecting,
pumping, transporting, treating and disposing of sanitary sewage,
to be owned by the Borough.
The fee which the Borough is authorized to charge pursuant
to Acts 203 and 209 of 1990.[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 2961
et seq. and 53 P.S. § 10501-A et seq., respectively.
This Borough hereby does charge a tapping fee, in the amount set forth in § 105-25 of this article, against the owner of any improved property whenever such owner hereafter shall connect any such improved property with the sanitary sewer system or when a commercial or industrial customer increases its use of water above its level of use in the base year.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The amount of the tapping fee shall be in accordance
with the established fee schedule as adopted by resolution of the
Borough Council from time to time.
The tapping fee shall be due and payable upon
the date when the owner of any improved property shall connect any
property to the sanitary sewer system at the cost and expense of the
owner of such improved property or at such time as a commercial or
industrial customer increases its use of water above its level of
use in the base year. The number of EDUs for purposes of the calculation
of the tapping fee shall be determined at the aforesaid time based
upon an estimate of usage of water as determined by the owner of any
improved property. The Borough reserves the right to determine the
EDUs actually used by a customer at any time and from time to time.
In the event that such determination results in the owner of improved
property using more EDUs than estimated, the owner shall immediately
pay to the Borough the balance of the tapping fee remaining due based
upon actual usage.
In the event that the owner's estimate of the number of EDUs pursuant to § 105-26 is more than 10% less than the number of EDUs which are determined by the Borough as a result of measuring actual usage, the owner shall immediately pay to the Borough an amount equal to 15% of the difference between the tapping fee as calculated based on the owner's estimate and the tapping fee as calculated based upon actual usage as a charge over and above any tapping fee or any other sums otherwise due hereunder.
All tapping fees shall be payable to the Borough
in the care of the Treasurer of the Borough or to such officer or
representative of the Borough as shall be authorized, from time to
time, by resolution of the Borough, to accept payment thereof.
The use or usage of the system for the purpose
of this article shall be the average daily flow measured over the
consecutive three-month period having the highest volume of water
flow in a calendar quarter.
Paying of tapping fees charged by the Borough
pursuant to this article shall be enforced by the Borough in any manner
appropriate under laws in effect at the time.
The Borough hereby reserves the right, from
time to time, to adopt modifications of, supplements to or amendments
of this article.
