[Adopted 1-24-1969 by Ord. No. 86]
Unless the context specifically and clearly indicated otherwise,
the meaning of terms and phrases used in this article shall be as
follows:
Forks Township Municipal Sewer Authority, a Pennsylvania
Municipality Authority.
Includes, as applicable, each of the following: a commercial
establishment, a dwelling unit, an industrial establishment and an
institutional establishment.
The City of Easton, Northampton County, Pennsylvania.
Any room, group of rooms, building or enclosure connected
directly or indirectly to the sewer system and used or intended for
use in the operation of one business enterprise for the sale and distribution
of any product, commodity, article or service.
Any room, group of rooms, building or other enclosure connected
directly or indirectly to the sewer system and occupied or intended
for occupancy as separate living quarters by a family or other group
of persons living together or by a person living alone.
The sewage collection system and sewage treatment facilities,
including all related facilities, operated and maintained by the city,
to which Easton sewer system the sewer system will be connected for
the purpose of conveyance, treatment and disposal of sanitary sewage
and industrial wastes collected in the sewer system.
Any property upon which there is erected a structure intended
for continuous or periodic habitation, occupancy or use by human beings
or animals and from which structure sanitary sewerage and/or industrial
wastes shall be or may be discharged.
Any room, group of rooms, building or other enclosure connected
directly or indirectly to the sewer system and used or intended for
use, in whole or in part, in the operation of one business enterprise
for manufacturing, processing, cleaning, laundering or assembling
any product, commodity or article or from which any process waste,
as distinct from sanitary sewage, shall be discharged.
Any solid or liquid wastes or gaseous substance or form of
energy from processes, as distinct from sanitary sewage.
Any room, group of rooms, building or other enclosure connected
directly or indirectly to the sewer system which does not constitute
a commercial establishment, dwelling unit or an industrial establishment.
Any improved property in which shall be located more than
one billing unit.
Any person vested with ownership, legal or equitable, sole
or partial, of any property connected directly or indirectly to the
sewer system.
Any individual, partnership, company, association, society,
corporation, municipality, municipality authority or other group or
entity.
The logarithm of the reciprocal of the concentration of hydrogen
ions, expressed in grams per liter of solution, indicating the degree
of acidity or alkalinity of a substance.
Parts per million by weight.
Normal water-carried household and toilet wastes discharged
from any improved property.
Any pipe or conduit constituting a part of the sewer system
used or usable for sewage collection purposes.
All facilities as of any particular time, for collecting,
pumping and disposing of sanitary sewage and/or industrial wastes,
to be acquired, constructed and owned by the Authority and to be leased
to this Township for maintenance, operation and use.
Solids that either float on the surface of, or are in suspension
or dissolved in water, sewage or other liquids, and which are determined
by laboratory analysis.
The Township of Forks, Northampton County, Pennsylvania,
a Pennsylvania municipality, acting by and through its Board of Supervisors
or, in appropriate cases, acting by and through its authorized representatives.
The facilities owned by the Easton Suburban Water Authority
or any other person and used for the supply of water to the public
in or adjacent to this Township.
Sewer rentals or charges are imposed upon and shall be collected
from the owner of each improved property which shall be connected
with the sewer system, for use of the sewer system, whether such use
shall be direct or indirect, which sewer rentals or charges shall
commence and shall be effective as of the date of connection of each
such improved property to the sewer system and shall be payable as
provided herein.
A.
Metered service.
(1)
Except upon special written permission granted by this Township and
upon good cause shown, each billing unit shall be required to have
installed a water meter or water meters to measure the quantity of
water used by such billing unit for the purpose of computing sewer
rentals or charges hereunder.
(2)
Except as otherwise provided in this article, sewer rentals or charges
for sanitary sewage and industrial wastes discharged into the sewer
system from any improved property shall be based upon volume of water
usage, adjusted, if appropriate, as provided in this article, where
the volume of water usage shall be metered, whether in connection
with the water system or otherwise.
(3)
Sewer rentals or charges for sanitary sewage and industrial wastes
discharged into the sewer system from any improved property may be
based upon actual metered volume of discharge, as permitted in this
article.
(4)
In either of the foregoing cases, such sewer rentals or charges shall
be computed in accordance with the following metered rate schedule;
subject, however, to the minimum sewer rentals or charges provided
in this article:
[Amended 1-1-1974 by Ord. No. 116; 8-7-1980 by Ord. No. 155; 12-30-1980 by Ord. No. 156]
|
Metered Rate Schedule
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|---|---|---|
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Per Quarter Water Consumption or Metered Waste Discharge
(cubic feet)
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Rate Per Quarter Annum
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First 1,200 or less
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$20 (minimum charge)
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All over 1,200
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$1.40 per 100 cubic feet
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B.
Nonmetered service. Sewer rentals or charges for sanitary sewage and industrial wastes discharged into the sewer system from any improved property or any billing unit located therein when the volume of water usage shall not be metered in connection with the water system and when the actual volume of discharge shall not be metered as permitted in this article, shall be based upon an estimate by this Township of the water consumption of such improved property or billing unit and shall be computed on the basis of such estimate in accordance with the metered rate schedule set forth under Subsection A of this section.
C.
Multiple users.
(1)
Each billing unit located in a multiple unit shall be billed as a
separate entity and the above metered rate schedule and minimum sewer
rental or charge shall be used in computing the sewer rentals or charges
applicable to each such billing unit.
(2)
In any case where this Township grants written permission for more than one billing unit to be served through a common water meter or through a common sewage discharge meter for the purpose of computing sewer rentals or charges hereunder, a multiple rental or charge per quarter shall be imposed, which rental or charge shall be calculated in the following manner: the total consumption of water through such common water meter or the total discharge through such common sewage discharge meter shall be divided by the number of billing units served thereby; the metered rate schedule for computing sewer rentals or charges established under Subsection A of this section shall be applied to the resultant quotient; and the resultant pro rata rental or charge for each billing unit shall be multiplied by the number of such billing units receiving water service through such common water meter or discharging sewage through such common sewage discharge meter to arrive at the total bill for all such billing units served through the common meter; provided, however, that there shall be charged a minimum quarterly rental or charge of for each such billing unit.
D.
Modifications. Additional classifications and sewer rentals or charges
or modifications of the above schedule of sewer rentals or charges
may be established by this Township from time to time as deemed necessary.
E.
Special agreements. Nothing contained herein shall be construed as
prohibiting special agreements between this Township and any billing
unit under conditions and circumstances making special agreements
advisable and necessary.
A.
Sewer rentals or charges imposed by this article shall be payable
quarterly.
(1)
In the case of an owner of improved property whose quarterly bill
for sewer rentals or charges shall be computed in whole or in part
upon the basis of water volume usage metered in connection with the
water system, bills shall be rendered for each quarter annum or other
period covered by the meter reading promptly after the meters are
read.
(2)
In the case of an owner of improved property whose quarterly bill
for sewer rentals or charges shall be computed on any basis completely
independent of water volume usage metered in connection with the water
system, the quarterly billing dates shall be the first days of January,
April, July and October, respectively, in each year and, to the extent
practicable, shall cover services furnished during the three calendar
months immediately preceding the billing date.
B.
Sewer rentals or charges shall be due and payable one day after mailing
or delivery by or in behalf of this Township to the person responsible
for payment thereof. If sewer rentals or charges are not paid within
30 calendar days after the same become due and payable, an additional
sum of 5% shall be added to such net bill, which net bill, plus such
additional sum, shall constitute the gross bill. Payment made or mailed
and postmarked on or before the last day of such thirty-calendar-day
period shall constitute payment within such period. If the end of
such thirty-calendar-day period shall fall on a legal holiday or a
Sunday, payment made on or mailed and postmarked on the next succeeding
business day which is not a legal holiday shall constitute payment
within such period. Whenever service to any improved property shall
begin after the first day or shall terminate before the last day of
any quarterly billing period, sewer rentals or charges for such period
shall be pro rated equitably, if appropriate, for that portion of
the quarterly billing period during which such improved property was
served by the sewer system.
C.
Every owner of an improved property which is connected to the sewer
system initially shall provide this Township with and thereafter shall
keep this Township advised of his correct address. Failure of any
person to receive quarterly bills for sewer rentals or charges shall
not be considered an excuse for nonpayment nor shall such failure
result in an extension of the period of time during which the net
bill shall be payable.
Sewer rentals or charges imposed by this article shall be a
lien on the improved property connected to and served by the sewer
system and any such sewer rentals or charges which are not paid within
30 days after each quarterly billing date, at the discretion of this
Township, shall be filed as a lien against the improved property so
connected to and served by the sewer system, which lien shall be filed
in the office of the Prothonotary of Northampton County, Pennsylvania,
and shall be collected in the manner provided by law for the filing
and collecting of municipal claims.
A.
Methods of measuring volume.
(1)
Whenever the entire water supply of an improved property or, if applicable,
of a billing unit or billing units located therein, discharging sanitary
sewage and/or industrial wastes into the sewer system, is supplied
by the water system, the volume of water furnished, as determined
from meter readings of the water system, shall be used as the measure
of discharge of sanitary sewage and/or industrial wastes in computing
sewer rentals or charges, subject to adjustment, if appropriate, as
provided in this article.
(2)
Whenever an improved property or, if applicable, a billing unit or
billing units located therein, discharging sanitary sewage and/or
industrial wastes into the sewer system, shall have a source or sources
of water supply in addition to or other than the water system, the
owner of such improved property shall provide a meter or meters on
such additional or other source or sources of water supply. The total
volume of water consumed, as determined from the meter readings of
the water system and/or the meter readings of the meter or meters
on such additional or other source or sources of water supply, shall
be used as the measure of discharge of sanitary sewage and/or industrial
wastes in computing the sewer rentals or charges, subject to adjustment,
if appropriate, as provided in this article.
(3)
If an improved property or, if applicable, a billing unit or billing
units located therein, shall use water from the water system and/or
water from a source or sources of supply in addition to or other than
the water system for cooling or unpolluted commercial or industrial
purposes, this Township may require the exclusion of such water from
the sewer system or the owner of such improved property may elect
to exclude such water from the sewer system. Whenever all or part
of the water so used shall not be discharged into the sewer system,
the volume used as the measure of discharge of sanitary sewage and/or
industrial wastes in computing sewer rentals or charges may be adjusted
by one of the following methods:
(a)
By installing a meter or other measuring device on the connection
to the sewer system. The readings from such meter or measuring device
shall be used at the measure of discharge or sanitary sewage and/or
industrial wastes in sewer rentals or charges.
(b)
By installing a meter or other measuring device to measure the
volume not being discharged into the sewer or measuring device system.
The readings from such meter shall be deducted from the total water
meter readings and the remainder shall be used as the measure of discharge
of sanitary sewage and/or industrial wastes in computing sewer rentals
or charges.
(c)
If it is not practical, in the opinion of this Township, to
install a meter or other measuring device to determine continuously
the volume not discharged into the sewer system, this Township shall
determine, in such manner and by such method as it may prescribe,
the percentage of metered water which is being discharged into the
sewer system. The quantity of water used as the measure of discharge
of sanitary sewage and/or industrial wastes in computing sewer rentals
or charges shall be the percentage so determined of the quantity measured
by the water meter or meters. Any dispute as to such estimated percentage
shall be submitted to this Township, after notice of such estimate.
The decision of this Township with respect to the matter shall be
final for the then-current calendar year.
B.
Measuring devices. Meters or other measuring devices which shall
not be owned by any municipality, municipality authority or any other
person in connection with the water system, but which shall be required
or permitted under provisions of this article, shall be furnished
and installed by the owner of the improved property at his expense,
shall be under the control of this Township and may be tested, inspected
or repaired by this Township whenever necessary. The owner of the
improved property upon which such meter or other measuring device
shall be installed shall be responsible for its maintenance and safekeeping;
and all repairs thereto shall be made at the expense of the owner,
whether such repairs shall be made necessary by ordinary wear and
tear or other causes. Bills for such repairs, if made by this Township,
shall be due and payable immediately upon completion of such repairs
and shall be collected in the same manner as quarterly bills for sewer
rentals or charges.
A.
No person shall discharge or cause to be discharged any stormwater,
surface water, spring water, groundwater, artesian well water, roof
runoff, subsurface drainage, building foundation drainage, cellar
drainage, drainage from roof leader connections, noncontact cooling
water and nonresidential swimming pool drainage into any sewer.
[Amended 11-19-2020 by Ord. No. 367]
B.
This Township reserves the right to refuse permission to connect
to the sewer system, to compel discontinuance of use of the sewer
system, or to compel pretreatment of industrial wastes by any industrial
establishment, in order to prevent discharges deemed harmful or to
have a deleterious effect upon any sewer, the sewer system or the
city sewer system.
C.
No sanitary sewage or industrial wastes shall be discharged to the
sewer system:
(1)
Having a temperature higher than 140° F.
(2)
Containing more than 120 ppm by weight of fat, oil and/or grease.
(3)
Containing any gasoline, benzine, naphtha, fuel oil or other inflammable
or explosive liquids, solids or gases.
(4)
Containing any solid wastes resulting from preparation, cooking and
dispensing of food and from handling, storage and sale of produce,
which wastes commonly are known as garbage, which having not been
ground by household-type garbage disposal units or other suitable
garbage grinders.
(5)
Containing any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, cotton, wool or other fibers, plastics,
wood, paunch manure or any other solid or viscous substances capable
of causing obstructions or other interference with proper operation
of the sewer system or any sewer or the city sewer system.
(6)
Having a pH (as determined by the consulting engineers for this Township)
lower than 6.5 or higher than 9.0 or having any other corrosive property
capable of causing damage or hazards to structures, equipment or personnel
of the sewer system or any sewer or the city sewer system.
(7)
Containing any toxic or poisonous substances in sufficient quantity
to injure or interfere with any sewage treatment process, to constitute
hazards to humans or animals or to create any hazard in waters which
receive treated effluent from the city sewer system. Toxic wastes
shall include, but not be limited to, wastes containing cyanide, nickel,
copper and or chromium ions.
(8)
Containing noxious or malodorous gases or substances capable of creating
a public nuisance.
(9)
Containing total solids of such character and quantity that special
and unusual attention or expense is required for their handling.
(10)
Containing substances or other matters having characteristics
which violate provisions of the ordinance or resolution in effect
at the time governing the discharge of sanitary sewage and industrial
wastes into the city sewer system.
(11)
Wastewater containing true color from any source and of any hue greater
than that of a 500 color unit platinum-cobalt stock standard, as determined
by a USEPA-approved analytical method; and any wastewater with sufficient
color which is not removed in the POTW treatment process and causes
the treatment plant effluent to have a true color in excess of 100
color units on the platinum-cobalt scale, or its equivalent.
[Added 11-19-2020 by Ord.
No. 367]
D.
Where necessary, in the opinion of this Township, the owner of an improved property shall provide, at his expense, suitable pretreatment facilities in order to comply with Subsection C of this section.
(1)
Plans, specifications and any other pertinent information relating
to proposed facilities for preliminary treatment and handling of industrial
wastes shall be submitted for approval of this Township and no construction
of any such facility shall be commenced until approval thereof first
shall have been obtained, in writing, from this Township, and until
approval thereof first shall have been obtained from any governmental
regulatory body having jurisdiction.
(2)
Whenever facilities for preliminary treatment and handling of industrial
wastes shall have been provided by any owner, such facilities continuously
shall be maintained, at the expense of such owner, in satisfactory
operating condition; and this Township shall have access to such facilities
at reasonable times for purposes of inspection and testing.
E.
Nothing contained in this section shall be construed as prohibiting
any special agreement or arrangement between this Township and any
person whereby industrial wastes of unusual strength or character
may be admitted into the sewer system by this Township, either before
or after preliminary treatment.
A.
Required survey data. Any person desiring to make or use a connection
to the sewer system through which industrial wastes shall be discharged
into the sewer system shall file with this Township an industrial
wastes questionnaire, to be furnished by this Township, which shall
supply to this Township pertinent data, including estimated quantity
of flow, characteristics and constituents, with respect to industrial
wastes proposed to be discharged into the sewer system. The cost of
obtaining all such data shall be borne by the person desiring to make
or use a connection to the sewer system.
B.
Control manholes. Any person who shall discharge industrial wastes
into the sewer system, when required by this Township, shall construct
and thereafter shall properly maintain, at his own expense, a suitable
control manhole and other devices as may be approved by this Township
to facilitate observation, measurement and sampling by this Township
of industrial wastes discharged to the sewer system.
(1)
Any such control manhole, when required by this Township, shall be
constructed at an accessible, safe, suitable and satisfactory location
in accordance with plans approved by this Township prior to commencement
of construction.
C.
Changes in type of wastes. Any industrial establishment discharging
sanitary sewage and/or industrial wastes into the sewer system and
contemplating a change in the method of operation which will alter
the characteristics and/or volumes of wastes at the time being discharged
into the sewer system shall notify this Township, in writing, at least
10 days prior to consummation of such change.
D.
Regulating devices. This Township reserves the right to require any
billing unit having large variations in rates of waste discharge to
install suitable regulating devices for equalizing waste flows to
the sewer system.
This Township shall have the right of access at reasonable times
to any part of any improved property served by the sewer system as
shall be required for purposes of inspection, observation, measurement,
sampling and testing and for performance of other functions relating
to service rendered by this Township through the sewer system.
The owner of each 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.
This Township reserves the right to adopt, from time to time,
such additional rules and regulations as it shall deem necessary and
proper in connection with use and operation of the sewer system, which
rules and regulations shall be, shall become and shall be construed
as part of this article.
It is declared that enactment of this article is for the protection,
benefit and preservation of the health, safety and welfare of inhabitants
of this Township.
[Added 3-4-1999 by Ord. No. 250]
Any person who violates or permits a violation of this article,
upon being found liable therefor in a civil enforcement proceeding,
shall pay a fine of not less than $400 and not more than $600, plus
all court costs, including reasonable attorney's fees, incurred by
the Township in the enforcement of this article. No judgment shall
be imposed until the date of the determination of the violation by
the District Justice and/or Court. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate
officers or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.
