It hereby is declared that the enactment of this article is necessary
for the protection, benefit, and preservation of the health, safety, and welfare
of the inhabitants of the Township.
Unless the context specifically and clearly indicates otherwise, the
meaning of terms used in this article shall be as follows:
AUTHORITY
Antrim Township Municipal Authority, a municipal authority incorporated,
organized, and existing under provisions of the Pennsylvania Municipality
Authorities Act of 1945, approved May 2, 1945, P.L. 382, as amended and supplemented, acting by and through its Board or, in appropriate cases, acting
by and through its authorized representatives.
BOARD OF SUPERVISORS
The Board of Supervisors of the Township or, in appropriate cases,
its authorized representatives.
BOD5 (Biochemical Oxygen Demand)
The quantity of oxygen, expressed in ppm, utilized in the biochemical
oxidation of organic matter under standard laboratory procedure for five days
at 20° C. . The standard laboratory procedure shall be that found in the
latest edition of "Standard Methods for the Examination of Water and Sewage"
published by the American Public Health Association.
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, house trailer, 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.
GARBAGE
Solid wastes resulting from preparation, cooking and dispensing of
food and from handling, storage and sale of produce.
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 sanitary sewage and/or industrial wastes shall be or may be
discharged. The term "improved property" shall not include or apply to barns
or other farm outbuildings unless such structures are improved with bathroom
facilities for the discharge of sanitary sewage.
[Amended 7-8-1997 by Ord. No. 246]
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 WASTE
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.
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,
a dwelling unit or an industrial establishment.
MULTIPLE UNIT
Any improved property in which there is located more than one dwelling
unit, commercial establishment, industrial establishment or institutional
establishment, or any combination thereof.
OWNER
Any person vested with ownership, legal or equitable, sole or partial,
of any improved property.
PERSON
Any individual, partnership, company, association, society, corporation,
school district, municipality, municipality authority or other group or entity.
pH
The logarithm of the reciprocal of the weight of hydrogen ions, expressed
in grams per liter of solution.
PPM
Parts per million, by weight.
PROPERLY CHOPPED GARBAGE
Garbage that has been chopped to such a degree that all its particles
will be carried freely under normal sewer flow conditions, with no particle
greater than 1/2 inch in any dimension.
SANITARY SEWAGE
The normal water-carried household and toilet wastes from any improved
property.
SEWAGE TREATMENT PLANT
As appropriate, the sewage treatment facilities owned by the Authority
and operated by the Township or, with respect to any period during which wastes
discharged into the sewer system are being transported for treatment pursuant
to the treatment agreement, the sewage treatment facilities of the Borough
of Greencastle, Franklin County, Pennsylvania, and/or the Greencastle, Franklin
County, Authority.
SEWER
Any pipe, main or conduit constituting a part of the sewer system
and used or usable for collection and transportation of sanitary sewage and
industrial wastes.
SEWER SYSTEM
All facilities, as of any particular time, for collecting, pumping,
transporting, treating and disposing of wastewater to be acquired and/or to
be constructed and to be owned by the Authority and to be leased to the Township
for maintenance, operation and use.
SUSPENDED SOLIDS
Solids neither dissolved nor floating on the surface of the liquid,
as determined by appropriate procedures found in the latest edition of "Standard
Methods for the Examination of Water and Sewage" published by the American
Public Health Association.
TOTAL SOLIDS
All solids as determined by appropriate procedures found in the latest
edition of "Standard Methods for the Examination of Water and Sewage" published
by the American Public Health Association.
TOWNSHIP
The Township of Antrim, Franklin County, Pennsylvania, a municipal
subdivision of the Commonwealth of Pennsylvania, acting by and through its
Board of Supervisors or, in appropriate cases, acting by and through its authorized
representatives.
TOXIC SUBSTANCE
Any poisonous substance, including copper, cyanide, chromium, beryllium,
cadmium, lead, nickel, tin and zinc ions, and any phenolic bodies, radioactive
isotopes, petrochemical compounds, or biocides.
TREATMENT AGREEMENT
A certain agreement for treatment of wastewater, dated February 21,
1972, between the Township and the Borough of Greencastle, Franklin County,
Pennsylvania, and the Greencastle, Franklin County Authority, including all
amendments and/or supplements thereto, which may be entered into from time
to time, pursuant to which the Township and/or the Authority may discharge
from the sewer system to facilities of such borough and/or such Authority,
sanitary sewage and industrial wastes for treatment and disposal.
[Amended 7-26-1988 by Ord. No. 174]
A. Sewer rentals or charges hereby are imposed upon and
shall be collected from the owner of each improved property that shall be
or is connected, directly or indirectly, to the sewer system, for use of the
sewer system, which sewer rentals or charges shall be imposed and shall be
effective as of the effective date of this article, the date of connection
of such improved property to the sewer system, or the date when this Township
first shall be capable of accepting sanitary sewage and/or industrial wastes
from such improved property for transportation and treatment, whichever date
shall last occur. Such sewer rentals and charges hereby imposed shall be computed
and shall be payable as provided herein.
B. The provisions of Subsection
A notwithstanding, sewer
rentals or charges hereby are imposed upon and shall be collected from the
owner of any improved property that is required to be connected to the sewer
system by appropriate ordinance of this Township from and after the date of
expiration of the time allowed to make such connection as set forth in such
ordinance, whether or not such connection shall have been made. Provided,
however, that this Township shall first be capable of accepting sanitary sewage
and/or industrial waste from such improved property for transportation and
treatment. Such sewer rentals or charges hereby imposed shall be computed
and shall be payable as provided herein.
C. Unoccupied mobile home pads in mobile home parks and
unoccupied lots not within mobile home parks which are improved for exclusive
occupancy by mobile homes shall not be liable for sewer rentals while they
are unoccupied. When a mobile home pad becomes vacant, the owner of such pad
shall give immediate notice to Antrim Township at the Antrim Township Office,
personally, by telephone or in writing, of such vacancy and, upon inspection
of such pad by an appropriate official or employee of Antrim Township or upon
receipt of other satisfactory proof of such vacancy, sewer rentals for such
mobile home pads shall be suspended and shall not be reimposed again for such
pads until the same is again occupied by a mobile home. Sewer rentals shall
continue to accrue, and shall be due from the owner of each mobile home pad
served by the sewer system, until notice of vacancy has been given in accordance
with this provision.
D. Any residential dwelling unit which has been unoccupied
for a period of 180 days or longer shall be exempt from sewer rent from the
180th day until the vacancy ends. This exemption from sewer rent shall not
include dwellings that are under construction, have a water supply source
connected to the dwelling, vacant as a result of being for sale or in the
process of being sold, or a habitable dwelling. Exceptions in extreme cases
may be made by the Board of Supervisors.
[Amended 7-10-2007 by Ord. No. 308]
E. Any builder/developer will be charged a rental, in an
amount set forth from time to time by resolution of the Board of Supervisors,
for any new building unit developed or constructed, which is connected to
ATMA sewer, on real estate owned by the builder/developer until such time
that any units are sold or occupied.
[Amended 7-8-1997 by Ord. No. 246]
F. It will be the duty of any builder/developer to notify
the Township of any sale or occupancy of a new dwelling connected to ATMA
sewer, according to Subsection
E and this subsection. Failure to notify the
Township shall result in the builder/developer being charged full sewer rentals
for any new building which is connected to ATMA sewer from the date of such
sale or occupancy until the date of notification.
Sewer rentals or charges imposed by this article shall be computed in
accordance with the schedules of classifications and rates set forth in this
section.
A. Residential flat rate.
(1) Sewer rentals or charges for sanitary sewage discharge
into the sewer system from any improved property constituting a dwelling unit
shall be on a flat-rate basis and shall be set forth from time to time by
resolution of the Board of Supervisors.
[Amended 7-8-1997 by Ord. No. 246]
(2) For purposes of this section, each dwelling unit in a
double house, in a row of connecting houses, in an apartment building or in
any other multiple unit structure shall constitute a separate dwelling unit
and shall be billed as a separate cooking and/or toilet facilities in an improved
property, the sewer rental or charge shall be computed as though each such
family was a separate user with a separate connection to a sewer.
B. Flat rate for commercial establishments and institutional
establishments.
(1) Sewer rentals or charges for sanitary sewage discharge
into the sewer system from any improved property constituting a commercial
establishment or an institutional establishment shall be on a flat-rate basis.
The sewer rental or charge for each such commercial establishment or institutional
establishment shall be determined by multiplying the applicable rate set forth
in Subsection
A(1) of this section by the applicable number of billing units
assigned to such commercial establishment or institutional establishment in
the schedule of classifications set forth in Subsection
C of this section.
(2) The rate applied to commercial establishments and institutional
establishments under this section shall be set forth from time to time by
resolution of the Board of Supervisors.
[Amended 7-8-1997 by Ord. No. 246]
C. Billing units.
(1) Commercial establishments and institutional establishments
are hereby classified according to the following schedule. The applicable
number of billing units determined in accordance with the following schedule
shall be multiplied by the applicable rate per billing unit set forth in Subsection
A of this section to determine the sewer rental or charge for such commercial
establishment or institutional establishment:
Classification of Use
|
Billing Units
|
---|
Bowling alley (in addition to restaurant facilities), per 5 lanes or
fraction thereof
|
1
|
Retail store with meat, vegetable or other food preparation facilities,
per employee food preparation station
|
1
|
Restaurant, club, tavern or other establishment which dispenses food
and/or beverages, per 10 seats or fraction thereof
|
1
|
Service station or vehicle repair garage:
|
|
|
Per 2 bays or less without car wash facilities
|
1
|
|
Each additional bay over 2
|
1/2
|
|
Each car wash bay
|
1
|
Firehouse, municipal building, or similar use, per rest room
|
1
|
Drive-in theater or similar facility (in addition to food preparation
station), per 8 car spaces
|
1
|
Church (with or without kitchen facilities):
|
|
|
For the first 200 members, based on average weekly attendance
|
1 1/2
|
|
For the first 100 members, based on average attendance
|
1
|
Retail business (not otherwise listed)
|
1/2
|
Beauty shop in detached building:
|
|
|
Up to 2 chairs
|
1
|
|
Every chair in excess of 2 chairs
|
1 1/2
|
Beauty shop in operator's residence, per chair
|
1/2
|
Barbershop:
|
|
|
Up to 2 chairs
|
1
|
|
Every chair in excess of 2 chairs
|
1/2
|
Motel or hotel (in addition to restaurant facilities), per rental room
|
1/4
|
Public laundromat, per washer
|
1/2
|
Schools or similar institutions:
|
|
|
Without showers or kitchen facilities, per 12 pupils
|
1
|
|
With shower facilities only, per 10 pupils
|
1
|
|
With kitchen facilities only, per 8 pupils
|
1
|
|
With shower and kitchen facilities, per 6 pupils
|
1
|
Business or professional office:
|
|
|
3 or less employees
|
1
|
|
Each additional employee over 3 or fraction thereof
|
1/2
|
Car washing establishment, per bay
|
1
|
Each improved property having garbage grinder (3/4 horsepower or greater),
for each such grinder
|
1
|
Banquet facilities, per every 30 seats [Amended 3-22-1988 by Ord. No. 169]
|
1
|
Institutions serving as domicile, per every 3 residents [Amended 7-12-1988 by Ord. No. 173]
|
1
|
Canine or feline grooming business, per each employee [Amended 8-23-1988 by Ord. No. 175]
|
1/2
|
(2) The number of billing units to be ascribed to schools
or similar institutions hereunder shall be determined on the basis of the
average daily enrollment of pupils during the regular school term preceding
the billing period. Employees, including teachers and administrative personnel,
shall be treated as pupils for purposes of computation.
(3) The number of billing units to be ascribed to business
or professional offices hereunder shall be computed on the basis of the daily
average of employees (including individual owners and employers) for the calendar
quarter preceding the billing period.
D. Flat rate for industrial establishments. Sewer rentals
or charges for discharge of sanitary sewage not subject to a charge hereunder
from any improved property constituting an industrial establishment into the
sewer system, when the volume of discharge shall not be metered as required
or permitted by this article, shall be on a flat-rate basis in accordance
with the following schedule.
(1) For the period commencing November 1, 1981, the flat
rate shall be set forth from time to time by resolution of the Board of Supervisors.
[Amended 7-8-1997 by Ord. No. 246]
(2) For the period commencing June 1, 1983, the flat rate
shall be based on the following:
Classification of Use
|
Billing Units
|
---|
Without showers or kitchen facilities, per 10 employees
|
1
|
With shower facilities only, per 8 employees
|
1
|
With kitchen facilities only, per 7 employees
|
1
|
With shower and kitchen facilities, per 5 employees
|
1
|
E. Metered rate for industrial establishments.
(1) The owner of any improved property may install a sewage
discharge meter or other measuring device for the purpose of measuring discharge
into the sewage system from any industrial establishment. Sewer rentals or
rates for sanitary sewage, not subject to special charge hereunder, that shall
be discharged into the sewer system from any improved property constituting
an industrial establishment shall be based upon volume of such discharge where
the volume of such discharge shall be metered in connection with the sewer
system or otherwise as required or permitted by this article. In such case,
the sewer rental or charge shall be computed quarterly and shall be set forth
from time to time by resolution of the Board of Supervisors.
[Amended 7-8-1997 by Ord. No. 246]
(2) Meters or other measuring devices which shall be required
or permitted for use in determining volume of sewage waste discharge shall
be of a type approved for use by the Board of Supervisors, shall be furnished
and installed by the owner of the improved property at his or her expense,
shall be under the control of the Board of Supervisors and may be tested,
inspected or repaired by the Board of Supervisors 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 the Board of Supervisors, 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.
F. Meter rates.
[Amended 7-8-1997 by Ord. No. 246]
(1) Commercial, industrial and institutional users. At the
discretion of the Antrim Township Board of Supervisors, a commercial, industrial
or institutional customer may be charged sewer rentals based on its water
usage. Such charges will be set forth from time to time by resolution of the
Board of Supervisors.
[Amended 5-8-1990 by Ord. No. 197; 1-3-1994
by Ord. No. 231; 1-2-1996 by Ord.
No. 241]
(2) Residential users. All residential users shall be charged
a flat rate as set forth from time to time by resolution of the Board of Supervisors.
G. Changes for sanitary wastes having certain concentrations.
(1) Additional charges.
(a) Additional charges will be made for all wastes discharged
from an improved property in the event that the Board of Supervisors shall
consent under separate agreement to accept sanitary wastes for discharge into
the sewer system from any improved property having total suspended solids
and BOD. in excess of the following concentrations:
[1] Suspended solids (SS): 225 parts per million.
[2] BOD5: 225 parts per million.
(b) The total charge for the total volume of waste shall
be determined in accordance with the following formula:
|
Total Charge
|
=
|
Q
|
+
|
(0.001 Q (BOD5 in ppm - 250)
|
---|
|
|
|
|
|
(0.001 Q (SS in ppm - 300)
|
|
For purposes of the above formula:
|
---|
|
|
Q
|
=
|
Billing Unit Charge or Metered Quantity Discharge
|
---|
|
|
SS
|
=
|
Suspended Solids
|
---|
|
|
BOD5
|
=
|
Biochemical Oxygen Demand
|
(2) The strength of the sanitary wastes shall be determined
at intervals deemed advisable by this Township or as may be requested by the
owner of the particular improved property. The collection and analysis of
waste samples for determination shall be supervised by a registered professional
engineer approved by the Board of Supervisors. All costs for waste sampling,
collection and analysis shall be paid by the owner who desires that the waste
be sampled and analyzed. The analysis of all waste samples collected shall
be made in accordance with the latest edition of "Standard Methods for the
Examination of Water and Sewage," as published by the American Public Health
Association.
H. Changes in flat-rate classifications. If the use or classification
of any improved property shall change during any billing period, the sewer
rental or charge shall be adjusted by the Board of Supervisors, by proration
on a monthly basis to the nearest calendar month, with a credit or charge,
as shall be appropriate under the circumstances, being made on the statement
for the next succeeding billing period.
I. Additional flat-rate classifications and modifications
of flat-rate classifications. The Board of Supervisors reserves the right,
from time to time, to establish additional flat-rate classifications and to
establish rates therefor; and the Board of Supervisors further reserves the
right, from time to time, to alter, modify, revise and/or amend flat-rate
classifications and the rates applicable thereto.
J. Multiple unit rate. Each dwelling unit, commercial establishment,
institutional establishment or industrial establishment located in a multiple
unit discharging sanitary sewage directly or indirectly into the sewer system
shall be billed as a separate entity or unit, irrespective of whether or not
such separate entity or unit, has separate toilet or waste facilities and
irrespective of whether or not such separate entity or unit has a separate
connection to a sewer, and the applicable sewer rental or charge for such
separate entity or unit shall be computed in accordance with the applicable
classification and rate set forth in this section as though such separate
entity or unit constituted a separate improved property.
K. Special agreement. Notwithstanding any provision in this
article to the contrary, the Board of Supervisors shall have the right, based
upon good reasons and circumstances existing, to enter into special agreements
with the owner of any approved property constituting an industrial establishment
with respect to terms and conditions upon which sanitary sewage and/or industrial
wastes may be discharged into the sewer system and with respect to payments
of sewer rentals or charges in connection therewith. In such event, such service
and payments with respect thereto shall be governed by terms and conditions
of such special agreement.
[Amended 3-22-1922 by Ord. No. 169; 7-12-1988
by Ord. No. 172; 5-8-1990 by Ord.
No. 197]
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 60 days after each
quarterly billing date applicable to the particular improved property shall
be filed as a lien against the improved property so connected to and served
by the sewer system, which lien shall be collected in the manner provided
by law for the filing and collecting of municipal claims. All delinquent bills
shall be collected by this Township in any manner permitted by law.
The Board of Supervisors 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 the Board of Supervisors 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.
If the owner of any nonresidential improved property (including any
school or similar institution) shall fail to provide this Township with complete
information required to compute the sewer rental or charge to such nonresidential
improved property, this Township may estimate a reasonable applicable sewer
rental or charge for such nonresidential improved property and such estimated
sewer rental or charge shall be the actual sewer rental or charge payable
until the required information is filed. Provided, however, that no rebates
will be paid by this Township if the information filed reveals a lower indicated
sewer rental or charge than that estimated by this Township.
The Board of Supervisors 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.
[Amended 7-8-1997 by Ord. No. 246]
This article shall be enforced by action brought before a District Justice
in the same manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits
the violation of this article shall, upon conviction in a summary proceeding,
be punishable by a fine of not more than $1,000 or by imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation continues,
or is permitted to continue, shall constitute a separate offense. Each section
of this article that is violated shall also constitute a separate offense.