[Adopted 8-11-1977 by Ord. No. 67]
The following words and terms used in this article
shall have the following meanings, unless the context clearly requires
otherwise:
Any industrial waste having a suspended solid content or
BOD appreciably in excess of that normally found in municipal sewage.
For the purposes of this article, any industrial waste containing
more than 320 parts per million (ppm) of suspended solids or a chlorine
demand greater than 15 ppm or having a BOD in excess of 320 ppm, regardless
of whether or not it contains other substances in concentrations differing
appreciably from those normally found in municipal sewage, shall be
considered to be abnormal industrial waste.
The Sewage Treatment Service Agreement, dated as of October
1, 1972, among the Township and Borough Township Municipal Authority,
as hereafter amended and supplemented, pertaining to the acceptance,
transportation, treatment and disposal of acceptable sanitary sewage
and/or industrial wastes from users in certain parts of the township
(as established in the Agreement).
The Brighton Township Sewage Authority and its successors.
The Board of Supervisors of the township and its successors
and assigns.
The quantity of oxygen utilized in the biochemical oxidation
of the organic matter in sewage or industrial waste under standard
laboratory procedure in five days at 20° C., expressed in ppm
by weight. It shall be determined by one of the acceptable methods
described in the latest edition of Standard Methods for the Examination
of Water, Sewage and Industrial Wastes, published jointly by the American
Public Health Association, the American Water Works Association and
the Federation of Sewage and Industrial Wastes Association (hereinafter
termed an "acceptable method").
The Borough Township Municipal Authority and its successors.
Each consumer as defined by the regulations of the water
utility serving such consumer at that time.
Any room, group of rooms, enclosure, etc., occupied or intended
for occupancy as a separate living quarters by a family or other group
of persons living together or by persons living alone. Each dwelling
unit in a double house, in a row of connection houses or in an apartment
shall be a separate entity for sewer service charge purposes.
Solid wastes from the preparation, cooking an dispensing
of food and from the handling, storage and sale of food products and
produce.
Horsepower.
Any liquid, gaseous or waterborne wastes from industrial
manufacturing, commercial or business establishments or processes
or from the development, recovery or processing of any natural resources,
as distinguished from sanitary sewage.
Any structure erected and intended for continuous or periodic
habitation, occupancy or use by human beings or animals and from which
structure sanitary sewage and industrial wastes, or either thereof,
is or may be discharged.
Includes natural persons, partnerships, associations, private
and public corporations, clubs, societies, institutions and governments
and governmental agencies and subdivisions thereof.
The logarithm to the base 10 of the reciprocal of the hydrogen
ion concentration expressed in moles per liter, and shall be determined
by an acceptable method.
A property accessible to and whose principal building is
within 150 feet of the sewer system.
The wastes from the preparation, cooking and dispensing of
food and from the handling, storage and sale of food products and
produce that have been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing
in public sewers, with no particle greater than 1/2 inch in any dimension.
The normal water-carried household and toilet wastes from
residences, business and other buildings, institutions, schools, churches
and industrial and commercial establishments, exclusive of stormwater
runoff, surface water or groundwater.
A combination of water-carried wastes from residences, business
and other buildings, institutions, schools, churches and industrial
and commercial establishments, together with such groundwater, surface
water and stormwater runoff as may be present.
An assemblage of devices, structures and equipment for treating
and disposing of treated sewage and industrial wastes, including the
sewage treatment plant of the Borough Authority.
A sewer which carries sewage or industrial wastes, or a combination
of both, and to which stormwater runoff, surface water and groundwater
are not intentionally admitted.
All sewers for the disposal of sanitary sewage and/or industrial
wastes now or hereafter constructed or otherwise acquired by the township
and/or the Authority in the Ohio River watershed of the township.
That portion of the rainfall which reaches a channel, trench,
sewer or sink.
Solids that either float on the surface or are in suspension
in water, sewage, industrial waste or other liquids and which are
removable by laboratory filtration. Quantitative determination of
suspended solids shall be made by an acceptable method.
The Township of Brighton situated in Beaver County, Pennsylvania,
and its successors.
At any particular time, property owners and all persons in
the township (within the Ohio River watershed of the township) using,
directly or indirectly, the sewer system at such particular time and
their heirs, personal representatives, administrators, successors
and assigns.
Any water or wastes containing none of the following: free
or emulsified grease or oil; acids or alkalis, phenols or other substances
imparting taste and odor or color to receiving waters; toxic or poisonous
substances in suspension, colloidal state or solution; obnoxious or
odorous gases. It shall contain not more than 10,000 ppm by weight
of dissolved solids, of which not more than 1,500 ppm shall be as
chloride and not more than 3,200 ppm each of suspended solids and
BOD. The color shall not exceed 50 ppm. Analysis for any of the above-mentioned
substances shall be made by an acceptable method.
Includes, for sewer service charge and surcharge purposes,
metered water purchased from the water utility and in addition thereto
all water obtained from wells, springs, streams, etc., as determined
by water meters installed and maintained by the water utility, water
meters installed and maintained by the property owner or water user
or estimates or measurements made by the water utility, the township
or the Authority, as the case may be.
The water company or any other utility, public or quasi-public
corporation or utility supplying water within the territorial limits
of the Ohio River watershed of the township and its successors and
assigns.
A.
The economy and desirability of the combined collection,
transportation and treatment of industrial wastes and sanitary sewage
is recognized. Any and all industrial wastes and sanitary sewage may
be discharged into the sewer system except those which are deemed
harmful to the sewer system or the sewage treatment works or the operation
thereof or are specifically prohibited by this article, the Authority
or under the provisions of the Agreement. However, it is also recognized
that the collection, transportation and treatment of any wastes and
sewage from time to time determined to be acceptable but which are
abnormal industrial wastes and abnormal sanitary sewage may add to
the cost of operating and maintaining the sewer system and the sewage
treatment works. Such additional cost should be borne by the person
receiving the benefit of such collection, transportation and treatment.
B.
The Board reserves the right to refuse connection to the sewer system for discharge of deleterious industrial wastes or to compel users of the sewer system to discontinue the use of the sewer system for such wastes or to require pretreatment thereof in order to prevent harmful or adverse effect upon the sewer system and/or the sewage treatment works. The design, construction and operation of such pretreatment facilities shall be subject to the approval of the Board. The standards to be used by the Board in the enforcement of this article, and particularly this Subsection B and § 160-31A, C and D, shall be at least comparable to those used by the Borough Authority in connection with its sewer system and sewage treatment plant.
C.
The Board reserves the right to require industries
having large variations in the rate of discharge of industrial waste
to install suitable regulating devices, approved by the Board, for
equalizing industrial waste flows and as may be required by the Authority.
D.
Industrial waste and sanitary sewage will be considered
harmful to the sewer system and the sewage treatment works if it may
cause any of the following damaging effects:
(1)
Chemical reaction either directly or indirectly with
the materials of construction of the sewer system and/or the sewage
treatment works in such a manner as to impair the strength or durability
of such structures;
(2)
Mechanical action that will destroy such sewer structures;
(3)
Restriction of the hydraulic capacity of such sewer
structures;
(4)
Restriction of the normal inspection or maintenance
of such sewer structures;
(5)
Danger to public health and safety; or
(6)
Obnoxious condition inimical to public interest.
E.
The Board may, at its discretion, require any person
discharging industrial wastes or combined industrial wastes and sanitary
sewage into the sewer system to install a suitable manhole or manholes
on his connecting sewer or sewers to facilitate observation, sampling
and measurement of the flow of wastes from the premises. Such manhole
or manholes shall be installed by such person at his expense, maintained
by such person so as to be safe and accessible to the Board at all
times and constructed in accordance with plans approved by the Board.
F.
The Board shall have the right of access at all reasonable
times to dwelling units, residences, business and other buildings,
institutions, schools, churches and industrial or commercial establishments
and to any meters used for establishing, analyzing or determining
water consumption, water excluded from the sewer system and/or the
sewage treatment works and sewage and/or industrial wastes discharged
into the sewer system and/or the sewage treatment works.
A.
The discharge of excessive amounts of unpolluted water
or waste into the sewer system and/or the sewage treatment works is
expressly prohibited. The Board reserves the right to define the amount
it deems excessive in each particular instance and to determine the
adequacy of a sewer's capacity.
B.
The discharge of garbage to the sewer system is expressly
prohibited except from single-family dwelling units, and in such cases,
the garbage must be first properly shredded by a mechanical garbage
grinder or disposer of a type approved by the Board.
C.
No person shall discharge or permit the discharge
or infiltration into the sewer system or the sewage treatment works
of any of the following substances:
(1)
Wastes containing ashes, cinders, sand, mud, greases,
lime or acetylene sludges, straw, shavings, metal, glass, rags, feathers,
tar, plastics, wood, sawdust, paunch manure, cotton, chemical or paint
residues, wool, plastic or other fibers, hair, hides, dead animals,
spent mash and grain, pulp from food processing, water or wastes containing
grease, fat or oil in excess of 100 ppm or any other liquids, gases,
solids or viscous substances which by reason of their quality, quantity
or characteristics may cause fire, explosion, obstruction to the flow
in the sewer system and/or the sewage treatment works or in any other
way interfere with or be deleterious to persons, the structure, the
persons, the structures or the proper operation of the sewer system
and/or the sewage treatment works.
(2)
Wastes or sanitary sewage having a temperature in
excess of 120° F. or less than 32° F.
(3)
Wastes or sanitary sewage having pH lower than 5.5
or higher than 9.0 or having any corrosive property capable of causing
damaging or hazards to structures, equipment or personnel of the sewer
system and/or the sewage treatment works. When the Board deems it
advisable, it may require any person discharging wastes or sanitary
sewage to install and maintain, at his own expense, in a manner approved
by the Board, a suitable device to continuously measure and record
the pH of the wastes or sanitary sewage so discharged.
(4)
Garbage, whether ground or not, except properly shredded
garbage from a private dwelling unit, resulting from the proper use
of a garbage grinder or disposer of a type approved by the Board and
maintained in good operating condition; provided, however, that no
private dwelling unit shall operate more than one grinder or disposer
which shall be not greater than 3 H.P. in size and, when so required
by the Board, shall be equipped with an approved water meter and limited
in use to the consumption of an average of not more than 1,500 gallons
of water per day.
(5)
Wastes containing mineral acids, waste acid, pickling
or plating liquors from the pickling or plating of iron, steel, brass,
copper or chromium or any other dissolved or solid substance which
will endanger health or safety, interfere with the flow in or attach
or corrode or otherwise interfere with or be detrimental to the sewer
system and/or the sewage treatment works or the operation of either
thereof.
(6)
Chemicals.
(a)
Wastes or sanitary sewage containing cyanides
or cyanogen compounds capable of liberating hydrocyanic gas on acidification;
and wastes or sanitary sewage containing any of the following substances
in concentration exceeding those shown in the following table:
|
Substance
|
Maximum Permissible Concentration
| |
|---|---|---|
|
Phenolic compounds as C6H5OH
|
1 ppm
| |
|
Cyanides as CN
|
1 ppm
| |
|
Cyanates as CNO
|
10 ppm
| |
|
Iron as Fe
|
15 ppm
| |
|
Trivalent Chromium as Cr
|
3 ppm
| |
|
Hexavalent Chromium as Cr
|
0.5 ppm
| |
|
Nickel as Ni
|
3 ppm
| |
|
Copper as Cu
|
2 ppm
| |
|
Lead as Pb
|
2 ppm
| |
|
Tin as Sn
|
2 ppm
| |
|
Zinc as Zn
|
2 ppm
|
(b)
Wastes and sanitary sewage containing other
chemicals or other matter detrimental to the operation of or causing
erosion, corrosion or deterioration in the sewer system and/or the
sewage treatment works.
(7)
Wastes or sanitary sewage containing more than 10
ppm of any of the following gases: hydrogen sulfide, sulfur dioxide,
nitrous oxide or any of the halogens.
(8)
Wastes or sanitary sewage containing a toxic or poisonous
substance in quantities sufficient to inure or interfere with any
sewage treatment process, constitute a hazard to humans or animals
or create any hazard in the sewer system and/or the sewage treatment
works operation, and such toxic substances shall include but shall
not be limited to substances containing cyanide, chromium and/or copper
ions.
(9)
Wastes or sanitary sewage containing toxic substances
in quantities sufficient to interfere with the biochemical processes
of the sewage treatment works or that will pass through the sewage
treatment works and exceed the state requirements in respect thereof.
(10)
Wastes or sanitary sewage containing any toxic
radioactive isotopes, without a special permit.
(11)
Fats, entrails and the like from meat processing
plants, rendering plants and similar industries and establishments.
(12)
Sludges or other materials from septic tanks
or similar facilities or from sewage or industrial waste treatment
plants or from water treatment plants.
(13)
Wastes or sanitary sewage containing any noxious
or malodorous gas or substance which either singly or by interaction
with sewage or other wastes is likely, in the opinion of the Board,
to create a public nuisance or hazard to life or prevent entry to
the sewer system and/or the sewage treatment works for maintenance
and repair.
(14)
Wastes or sanitary sewage containing gases or
vapors, either free or occluded, in concentrations toxic or deleterious
to humans or animals.
(15)
Wastes or sanitary sewage containing insoluble,
non-flocculent substances having a specific gravity in excess of 2.65.
(16)
Wastes or sanitary sewage containing soluble
substances in such concentration as to cause the specific gravity
of the waste to be greater than 1.1.
D.
The Board may from time to time adopt such further particular rules and regulations, in addition to those set forth in this article, as the Board, with the advice of its consulting engineer, shall deem necessary or appropriate for the efficient operation, maintenance and preservation of the sewer system and/or the sewage treatment works or the sewer business operation. The construction, meaning and application of the prohibited wastes and sanitary sewage regulations set forth in Subsection C above shall be made by the Board and shall be binding and conclusive with respect to users of the sewer system and/or the sewage treatment works, as the case may be, and shall be consistent with any such construction, meaning and application made by the Authority of any similar prohibited wastes and sanitary sewage regulations.
A.
There is hereby imposed upon the owners of or the
users of water in or on all properties situate within the geographical
limits of the township and served by the sewer system a sewer service
charge for the collection, transportation, treatment and disposal
of industrial wastes and sanitary sewage, payable as hereinafter provided
in the amounts hereinafter provided. Said owners and users shall be
jointly and severally liable for the payment of the sewer service
charge and the penalty herein prescribed for delinquent payment thereof.
The sewer service charge for the collection, transportation, treatment
and disposal of industrial wastes and sanitary sewage shall begin
to accrue with respect to any owners and users connecting, directly
or indirectly, to the new sanitary sewer lines to be constructed by
the Authority or any extensions or capital additions thereto, from
and after the earlier of when the owners and users connect to the
sewer system or on a date 60 days after notice to connect to the sewer
system is given as provided in the ordinances of the township.
B.
The sewer service charge for the collection, transportation,
treatment and disposal of industrial wastes and sanitary sewage in
every case shall be based on the volume of water used in or on said
properties as follows:
(1)
The sewer service charge of township users, which
includes the sewage charge required under the terms and conditions
of the Agreement, shall be:
(a)
Metered water users. The following schedule
of rates shall be applicable to each township user of metered water,
and the sewer service charge shall be based upon the quantity of water
used as measured by the most recent available water meter reading;
and the sewer service charge shall consist of the following two component
parts:
[1]
For operation and maintenance of the sewer system
and the treatment plant, the quarterly charge shall be $0.95 per 1,000
gallons of water used per quarter; and
[2]
For debt service, the quarterly charge shall
be:
|
Water used per Quarter Year
|
Sewer Service Charge
| |
|---|---|---|
|
For the first 12,000 gallons or any part thereof
|
$25.80 per quarter (minimum)
| |
|
For excess over 12,000 gallons
|
$2.15 per 1,000 gallons feet
|
(b)
Nonmetered water users. All owners of or users
of water in or on all properties having an unmetered private water
supply and/or supplied with unmetered water service by any water utility
shall pay a flat rate sewer service charge equal to 12,000 gallons
per quarter per dwelling unit or its adjusted equivalent for sewer
service periods of less than 1/4 of one year. These charges will be
billed at the same rate per 1,000 gallons as metered water users.
[Amended 7-12-1979 by Ord. No. 71]
C.
Owners and users shall be billed monthly. The first
two monthly billings shall be based upon the minimum applicable service
charge or upon estimated water uses as the Board may determine and
the third monthly billing being based on actual water usage shown
by the water utility's most recent available water meter reading or
upon the appropriate minimum sewer service charge, whichever is greater.
All bills for sewer service charges shall be due when rendered and,
if not paid within 30 days from the date the bill is rendered, shall
be subject to a penalty of 10%; and if the bill is not paid within
45 days, the billing shall include interest of 1/2 of 1% per month
or part thereof upon 110% of the sewer charge until paid.
[Amended 7-12-1979 by Ord. No. 71]
D.
The measurement by two or more meters of the quantity
of water used in or on one property by one owner or user may be combined
and the sewer service charge billed to said owner or user as though
the quantity of water was measured by one meter, if the Board so elects.
E.
Where two or more families or dwelling units receive
water through one water meter, multiple minimum sewer service charges
shall be billed.
F.
In the event that the owner of or the user of water
in or on any industrial or commercial property served by the sewer
system and/or the sewage treatment works obtains part or all of the
water used in or on such property from sources other than the water
utility, such owner or user shall, upon demand of the Board and at
no expense to the township, install and maintain a water meter or
meters satisfactory to the Board for measuring all water used other
than that obtained from the water utility, and the quantity of water
used to determine the sewer service charge shall be the quantity of
water measured by all such meters plus the quantity of water obtained
from the water utility.
G.
In the event that it is established to the satisfaction of the Board that a portion of the water used in or on any property served by the sewer system and/or the sewage treatment works does not and cannot enter the sewer system and/or sewage treatment works, the Board may require or permit the installation of additional meters in such manner as to determine either the quantity of water excluded from the sewer system and/or the sewage treatment works or the quantity of water, sewage and industrial wastes actually entering the sewer system and/or the sewage treatment works, exclusive of stormwater runoff, surface water and groundwater. The sewer service charge shall be based upon the quantity of water measured or computed by the Board to be actually entering the sewer system and/or the sewage treatment works, exclusive of stormwater runoff, surface water and groundwater, subject to the minimum charge set forth in Subsection B hereof.
[Amended 7-12-1979 by Ord. No. 71]
H.
Any person requesting a reduction of the amount of
the sewer service charge because of water purchased which does not
enter the sewer system and/or the sewage treatment works shall make
written application to the Board, giving the name of such person,
his address and setting forth supporting data fully describing other
sources of water, if any, as well as the disposition of water alleged
not to be entering the sewer system and/or the sewage treatment works.
The application shall be accompanied by a sketch to approximate scale
showing the plan of the property, the water distribution system, sewer
layout, existing meters and proposed meters in the scheme to determine
the quantity of flow entering or not entering, the sewer system and/or
the sewage treatment works. The cost of furnishing, installing and
maintaining any meters other than those utilized to measure water
purchased from the water utility shall be borne by the applicant.
The type, size, location, arrangement and maintenance of such meters
shall be subject to the approval of the Board and the water utility.
I.
The Board may require the exclusion from the sewer
system and/or the sewage treatment works of noncontaminated waste
waters and waters used for cooling purposes.
A.
There is hereby imposed a surcharge upon the owners of and the users of water in or on all properties discharging or permitting to be discharged or infiltrated into the sewer system and/or the sewage treatment works abnormal industrial wastes, which surcharge is intended to cover the additional cost to the sewer system and/or the sewage treatment works resulting from the treatment and disposal of such abnormal industrial waste. Such surcharges shall be in addition to the regular sewer service charge set forth in § 160-32 of this article and shall be payable as hereinafter provided in the amount hereinafter provided.
B.
The strength of any industrial waste, the discharge of which is subject to surcharge, shall be determined monthly or more frequently from samples taken either at the manhole referred to in § 160-30E hereof or at any other sampling point mutually agreed upon by the Board and the producer of such wastes. The frequency and duration of the sampling period shall be such as, in the opinion of the Board, will permit a reasonably reliable determination of the average composition of such wastes, exclusive of stormwater runoff, surface water and groundwater. Samples shall be collected by the Board in proportion to the flow of wastes, exclusive of stormwater runoff, surface water and groundwater, and composited for analysis in accordance with the latest edition of Standard Methods for the Examination of Water and Sewage as published by the American Public Health Association. Except as hereinafter provided, the strength of such wastes so found by analysis shall be used for establishing the surcharge or surcharges. The Board may, if it so elects, accept the results of routine sampling and analyses by the producer of such wastes in lieu of making its own samplings and analyses.
C.
In the event that any industrial waste is found by
the Board to have a BOD in excess of 300 ppm, the owners of and the
users of water in or on the property from which such wastes are discharged
shall be surcharged an amount equal to the product of the actual volume
of wastes in thousand gallons per billing period, exclusive of stormwater
runoff, surface water and groundwater, discharged to the sewer system
and/or the sewage treatment works; and the BOD surcharge rate. The
BOD surcharge rate shall be determined by the following formula:
|
Rc
|
=
|
0.00834 P (C-300)
| ||
|
Where:
| ||||
|
Rc
|
=
|
the BOD surcharge rate in cents per 1,000 gallons
of waste discharged
| ||
|
P
|
=
|
the average annual fixed, operating and maintenance
cost of treatment processes per pound of BOD received at the sewage
treatment works including chlorination. (Prior to completion of the
first year of operation, the value of P shall be deemed to be $0.04.)
| ||
|
C
|
=
|
the average BOD of the industrial waste expressed in ppm as determined in accordance with Subsection B hereof.
| ||
|
The figure "300" appearing in the above formula
corresponds to the maximum BOD permissible without surcharge. The
figure "0.00834" is the factor to convert parts per million to pounds
per 1,000 gallons. No discount will be permitted for sewage or industrial
wastes having a BOD less than 300 ppm.
| ||||
D.
In the event that any industrial waste is found, by
the Board, to have an average suspended solid concentration in excess
of 275 ppm, the owners of and the users of water in or on the property
from which such wastes are discharged shall be surcharged an amount
equal to the product of the actual volume of wastes in thousand gallons
per billing period, exclusive of stormwater runoff, surface water
and groundwater, discharged to the sewer system and/or the sewage
treatment works, and the suspended solids surcharge rate. The suspended
solids surcharge rate shall be determined by the following formula:
|
Rs
|
=
|
0.00834 x B (S - 275)
| ||
|
Where:
| ||||
|
Rs
|
=
|
the suspended solids surcharge rate in cents
per 1,000 gallons of waste discharged
| ||
|
B
|
=
|
the average annual fixed, operating and maintenance
cost of the sludge digestion, sludge drying and sludge disposal operations
per pound of suspended solids received at the sewage treatment works.
(Prior to completion of the first year of operation, the value of
B shall be deemed to be $0.04.)
| ||
|
S
|
=
|
the average suspended solids concentration of the abnormal industrial wastes expressed in ppm, as determined in accordance with Subsection B hereof.
| ||
|
The figure "275" appearing in the above formula
corresponds to the maximum suspended solids concentration permissible
without surcharge. The figure "0.00834" is the factor to convert parts
per million to pounds per 1,000 gallons. No discount will be permitted
for sewage or industrial wastes having a suspended solids concentration
less than 275 ppm.
| ||||
A.
The sewer service charge and the surcharges, where applicable, provided for in this article shall be payable in monthly payments each year as provided in § 160-32C hereof.
B.
The Board, either directly or through any person whom
it may by resolution appoint or with whom it may contract, including
the Authority or its agent, will render such bills for the sewer service
charges and surcharges imposed by this article and will make collections
thereof in accordance with this article and the Agreement.
C.
Bills and notices relating to the sewer service charges
and surcharges will be mailed or delivered to the property owner's
and/or the water user's last address as shown on the books of the
Board and/or the water utility, and the Board shall not be otherwise
responsible for delivery of such bills and notices. No change of address
will be honored unless and until such change shall have been furnished
in writing to the Board and the water utility.
D.
The Board shall have access at all reasonable times
to residences, business and other buildings, institutions, schools,
churches and industrial and commercial establishments connected to
the sewer system and/or the sewage treatment works and to any water
meters measuring water used in such places and establishments to inspect
such meters, the connection with the sewer system and/or the sewage
treatment works and/or the discharge of sanitary sewage, water of
any kind and industrial waste into the sewer system and/or the sewage
treatment works.
E.
The Board shall have the power and authority at any
time and from time to time to make such other rules and regulations
or to change the foregoing provisions with respect to the manner and
procedure of billing and collections as said Board, in its sole discretion,
may determine, consistent with the Agreement.
A.
Each sewer service charge, surcharge, penalty and
interest imposed by this article shall be a debt due the township
and shall be a lien on the property served and if not paid within
30 days after the date rendered shall be deemed delinquent. In such
event, the township may proceed to file a lien in the office of the
Prothonotary of Beaver County, Pennsylvania, and collect the same
in the manner provided by law for the filing and collection of municipal
claims; or the township may proceed to collect such delinquent sewer
service charge, surcharge, penalty and interest by an action in assumpsit
or by distress of personal property on the premises or by any other
legal or equitable remedy then available to the township. In the event
of failure to pay the sewer service charge, surcharge, penalty and
interest after they become delinquent as herein provided, the township
shall be authorized, in addition to any other remedies authorized
by law and to the extent authorized by law, to shut off or cause to
be shut off the water to be delivered to such property and/or to remove
or close the sanitary sewer connection and shall have the right to
enter upon the property served for such purposes and to take such
steps as may be necessary to accomplish the same; and any expenses
with respect thereto, as well as the expense of restoring any such
water and/or sewer service or connection, shall likewise be a debt
due the township and a lien on the property served and may be filed
and collected as hereinabove provided, and such water and/or sanitary
sewer connection may not again be turned on or restored for the same
owner or user until all sewer service charges, surcharges, penalties
and interest, including the expense of removal, closing and restoration,
shall have been paid.
B.
Any person violating any of the provisions of this
article shall, upon conviction thereof before any District Justice,
be sentenced to pay a fine of not more than $300 for each and every
offense and costs and, in default of payment of said fine and costs,
be imprisoned in the Beaver County Jail for a period not exceeding
30 days until such fine and costs are paid. Whenever such person shall
have been notified in writing by the Board that that he is violating
this article, each three-day-period that he shall continue such violation
after receipt of such notification shall constitute a separate offense
punishable by a like fine hereunder upon conviction thereof.
C.
Change of ownership or occupancy of any property served by the sewer system and/or the sewage treatment works as to which the service charge, surcharge, penalty or interest imposed by this article is delinquent, as provided in Subsection A hereof, shall not be a cause for reducing or eliminating the rights and remedies of the township set forth in this section.
A.
The Board may, by agreement with the Authority or
any other person or firm, delegate, transfer, set over and assign
to the Authority or to such other person or firm any and/or all administrative
duties, obligations and rights of the Board under this article. As
used herein, any discretionary findings or determinations by the Board
are to comply or be consistent with any similar findings or determinations
by the Authority with respect to the same matters.
B.
The proper officers of the township are hereby authorized
and directed to make, execute and deliver the necessary drafts or
vouchers in payment for and discharge of the township's obligation
or obligations of this article, if any, and the work herein directed
and to do and perform all and every act and thing necessary or convenient
to fully and completely carry out the obligations and purposes of
the township set forth in this article.
