[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:
AUTHORITY
Forks Township Municipal Sewer Authority, a Pennsylvania Municipality Authority.
BILLING UNIT
Includes, as applicable, each of the following: a commercial establishment, a dwelling unit, an industrial establishment and an institutional establishment.
CITY
The City of Easton, Northampton County, Pennsylvania.
COMMERCIAL ESTABLISHMENT
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.
DWELLING UNIT
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.
EASTON SEWER SYSTEM
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.
IMPROVED PROPERTY
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.
INDUSTRIAL ESTABLISHMENT
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.
INDUSTRIAL WASTES
Any solid or liquid wastes or gaseous substance or form of energy from processes, as distinct from sanitary sewage.
INSTITUTIONAL ESTABLISHMENT
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.
MULTIPLE UNIT
Any improved property in which shall be located more than one billing unit.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property connected directly or indirectly to the sewer system.
PERSON
Any individual, partnership, company, association, society, corporation, municipality, municipality authority or other group or entity.
pH
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.
PPM
Parts per million by weight.
SANITARY SEWAGE
Normal water-carried household and toilet wastes discharged from any improved property.
SEWER
Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes.
SEWER SYSTEM
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.
TOTAL SOLIDS
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.
TOWNSHIP
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.
WATER SYSTEM
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
Per Quarter Water Consumption or Metered Waste Discharge
(cubic feet)
Rate Per Quarter Annum
First 1,200 or less
$20 (minimum charge)
All over 1,200
$1.40 per 100 cubic feet
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.
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.