[Adopted 11-16-1977 by Ord. No. 929]
[Amended 10-20-1992 by Ord. No. 92-17]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
Bristol Township Authority, a Pennsylvania municipality authority.
The quantity of oxygen, expressed in ppm, utilized in the
biochemical oxidation of organic matter under standard laboratory
procedure for five days at 20º 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.
The Borough of Bristol, Bucks County, Pennsylvania, a Pennsylvania
municipal corporation.
Any room, group of rooms, house trailer or other enclosure
occupied or intended for occupancy as separate living quarters by
a family other group of persons living together or by persons living
alone.
An agreement, dated as of March 6, 1963, between this Township
and the Authority, on the one hand, and Falls Authority, on the other
hand, providing for the reception, transportation, treatment and disposition
of sanitary sewage and industrial wastes from the sewer system by
Falls Authority, together with any supplements and amendments from
time to time made thereto.
Township of Falls Authority, a Pennsylvania municipality
authority.
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 sewage and/or industrial
wastes shall be or may be discharged.
Any improved property used, in whole or in part, 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 and all wastes discharged from an industrial establishment,
other than sanitary sewage.
An agreement, dated as of March 6, 1963, between this Township
and the Authority, on the one hand, and Lower Bucks Authority, on
the other hand, providing for the reception, transportation, treatment
and disposition of sanitary sewage and industrial wastes from the
sewer system by Lower Bucks Authority, together with any supplements
and amendments from time to time made thereto.
Lower Bucks County Joint Municipal Authority, a Pennsylvania
municipality authority.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
corporation 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 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, treating and disposing of sanitary sewage and/or industrial
wastes, situate in this Township to be acquired and owned by the Authority
and to be leased to this Township for maintenance and operation under
a proposed agreement of lease to be dated as of April 1, 1963, by
and between the Authority and this Township, and any supplements and
amendments thereto.
Suspended solids as determined pursuant to the procedure
set forth in the latest edition of Standard Methods for the Examination
of Water and Sewage, published by the American Public Health Association.
The Township of Bristol, Bucks County, Pennsylvania, acting
by and through its Township Council or, in appropriate cases, acting
by and through its authorized representatives.
[Amended 9-8-1982 by Ord.
No. 1025; 3-30-1983 by Ord. No. 1033; 3-21-1984 by Ord. No. 1050; 2-13-1985 by Ord. No. 1084; 12-30-1987 by Ord. No. 46-87; 7-20-1988 by Ord. No. 88-65; 4-10-1990 by Ord. No. 90-8; 4-14-1992 by Ord. No. 92-8; 10-20-1992 by Ord. No. 92-17; 9-2-2010 by Ord. No. 2010-06]
A.
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, in accordance
with the following schedule of rates and classifications:
(2)
Nonresidential
(commercial, industrial, schools, clubhouses, firehouses, professional
offices, banks, hospitals, churches, chapels, institutions, etc.).
(a)
All owners of nonresidential improved properties shall pay sewer
rentals or charges based on actual water consumption. For those nonresidential
properties with multiple units, each unit with a bathroom facility
shall be billed separately for sewer rentals or charges. The minimum
flow for nonresidential properties with multiple units shall be calculated
by multiplying the established minimum flow by the number of units.
In the event the metered consumption exceeds the total of the minimum
for all units, the owner will be billed for the excess usage. The
rates for metered and non-metered, nonresidential customers and hotels
and motels shall be set from time to time by resolution or ordinance
of the Township Council.[2]
(b)
The volume of water to be used for billing sewer rentals or charged
to owners of nonresidential improved properties connected to the sewer
system shall include any and all water purchased from the Borough
of Bristol, Lower Bucks Authority or any other private or public water
company and in addition all water obtained from any such source (wells,
springs, streams, etc.) as determined:
[1]
By meters installed and maintained by the Borough of Bristol, Lower
Bucks Authority or any other private or public water company;
[2]
By meters installed and maintained by this Township;
[3]
By meters maintained and installed by the owner of the nonresidential
improved property, as approved by this Township; or
[4]
From estimates or measurements made by this Township, where this
Township considers metering impractical.
(c)
The sewer rental or charge to each school shall be set from time
to time by resolution or ordinance of the Township Council[3] for sewer service periods of less or more than three months
based upon the average number of pupils enrolled on days when the
school was in session during the full school term immediately preceding
the date of each bill rendered. Teachers and employees of the school
shall be classified as pupils for sewer rental purposes.
(d)
Strength-of-waste surcharge.
[1]
Industrial establishments discharging sanitary sewage and/or industrial
wastes into the sewer system having a BOD in excess of 200 ppm and
a suspended solids content in excess of 250 ppm shall pay a strength-of-waste
surcharge, in addition to applicable volume charges set forth in this
section, equal to 5/100 of 1% for each ppm by which the BOD exceeds
220 ppm, plus 5/100 of 1% for each ppm by which the suspended solids
exceed 250 ppm. Surcharges shall be applicable to billing for sewer
rentals or charges imposed upon all industrial establishments. The
percentage of surcharge shall be applied to the volume charge for
the particular industrial establishment.
[2]
The strength of waste to be used for establishing the amount of surcharge
will be determined at least once annually either:
[a]
By suitable sampling and analyses of the wastes for a three-day
period during which time the strength of waste being discharged or
production is at a maximum;
[b]
By relating production and waste strength at the time of sampling
to waste strength at maximum production if sampling is not performed
at the time of maximum production;
[c]
From estimates made by this Township; or
[d]
From known relationships of products produced to strengths of
waste for those industries where such factors have been established.
[3]
In establishing waste strengths for surcharge purposes, analysis
shall be made in accordance with procedures outlined in the latest
edition of Standard Methods for Analysis of Water and Sewage, published
by the American Public Health Association.
B.
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.
C.
Nothing
contained herein shall be construed as prohibiting special agreements
between this Township and nonresidential improved properties under
conditions and circumstances making special agreements advisable and
necessary.
[Amended 9-8-1982 by Ord.
No. 1025; 3-30-1983 by Ord. No. 1033; 3-21-1984 by Ord. No. 1050; 4-10-1990 by Ord. No. 90-8; added 3-16-1988 by Ord. No. 49-88]
A.
Billing.
(1)
All
bills for residential and apartment sewer rentals or charges, except
those based on metered water consumption or metered waste volume,
shall be rendered in advance on the first day of April and every three
months thereafter.
(2)
All
bills for sewer rentals or charges based on metered water consumption
or metered waste volumes or estimates of this shall be rendered for
each six-month period promptly after the meters are read or estimates
made.
(3)
Owners
of improved properties connected to the sewer system during any calendar
quarter shall pay a pro rata sewer rental or charge for service for
the balance of the calendar six months.
B.
Sewer rentals or charges shall be due and payable upon the applicable billing date as provided for in Subsection A, and the appropriate amount computed in accordance with this article shall constitute the new bill. If sewer rentals or charges are not paid within 15 calendar days after each billing date, an additional sum of 10% 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 fifteen-calendar-day period shall constitute payment within such period. If the end of such fifteen-calendar-day period shall fall on a legal holiday or a Sunday, payment made on or mailed and postmarked on the next succeeding weekday which is not a legal holiday shall constitute payment within such period.
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 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.
D.
There
shall be imposed on any quarterly payment not made within 30 days
of the due date a penalty of 1¼% per month, simple interest,
which shall be added to the total amount due and payable. The penalty
sum shall be included in the amount of the delinquent sewer bill,
and collection thereof shall be made in accordance with the provision
of this article in reference to delinquent bills.
[Added 9-8-1982 by Ord.
No. 1025; amended 3-30-1983 by Ord. No. 1033; 3-21-1984 by Ord. No. 1050; 4-10-1990 by Ord. No. 90-8; 4-17-2014 by Ord. No. 2014-05]
A.
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 delinquent 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 Bucks County, Pennsylvania, and shall be collected in the manner
provided by law for the filing and collecting of municipal claims.
B.
Interest
shall be collectible on all municipal sewer liens from the date of
the filing of the lien at the rate of 10% per annum as authorized
by Act 1981-113 of the General Assembly of the Commonwealth of Pennsylvania.
C.
Delinquent
collection procedure and fees.
(1)
Fees
to be added to the unpaid claim. The Township hereby approves the
following fee schedule for the collection of unpaid municipal claims,
which fees shall be added to the unpaid claim:
(a)
Notice expense. A charge, not to exceed $50 plus postage, shall be
added to the unpaid claim for providing notice of delinquency pursuant
to § 7106 of the Act. The Township may hire a private company
to perform this service and add the amount of this charge to the unpaid
claim.
(b)
Collection fees.
|
Type
|
Fee
|
|---|---|
|
Handling fee for returned check
|
$30
|
|
Handling fee to issue refund check
|
$20
|
|
Bookkeeping fee for payment plan of three months or less
|
$25
|
|
Bookkeeping fee for payment plan of more than three months
|
$50
|
|
Guaranteed Payoff Fee
|
$25
|
(c)
Legal fees.
|
Type
|
Fee
|
|---|---|
|
Initial review and sending first demand letter
|
$160
|
|
File lien and prepare satisfaction
|
$250
|
|
Prepare writ of scire facias
|
$250
|
|
Obtain re-issued writ
|
$30
|
|
Prepare and mail letter under Pa.R.C.P. 237.1
|
$30
|
|
Prepare motion for alternate service
|
$250
|
|
Prepare request for production of documents in preparation for
trial
|
$50
|
|
Prepare pre-trial memorandum
|
$150
|
|
Prepare motion for judgment for want of sufficient affidavit
of defense pursuant to 53 P.S. § 7271
|
$150
|
|
Prepare default judgment
|
$175
|
|
Prepare writ of execution
|
$800
|
|
Attendance at sale; review schedule of distribution and resolve
distribution issues
|
$400
|
|
Continue sheriff sale
|
$50
|
|
Prepare petition to assess damages
|
$50
|
|
Prepare petition for free and clear sale
|
$400
|
|
Prepare bankruptcy proof of claim
|
$100
|
|
Services not covered above
|
At an hourly rate between $60–$275 per hour
|
(2)
Costs
to be added to the unpaid claims. In addition, the reasonable and
necessary out-of-pocket charges, costs, expenses, commissions and
fees incurred in collection, including, but not limited to, postage,
title searches, prothonotary fees and charges, and sheriff fees, shall
be added to the unpaid claims.
(3)
Credit
card and debit card charges. Where payment is by credit card or debit
card, any fees charged by the credit card or debit card company and/or
the credit card or debit card servicing agent shall be added to the
unpaid claim.
(4)
Interest.
Interest will be assessed upon all delinquent unpaid municipal claims
at a rate of 10% per annum and added to the unpaid claim.
(5)
Collection
procedures. The following collection procedures are hereby established
in accordance with the Act:
(a)
At least 30 days prior to assessing or imposing attorney fees in
connection with the collection of an account, the Township or its
designee shall mail or cause to be mailed, by certified mail, return
receipt requested, a notice of such intention to the property owner
or other entity liable for the account (the “property owner”).
(b)
If the certified mail notice is undelivered, then, at least 10 days
prior to assessing or imposing such attorney fees, the Township or
its designee shall mail or cause to be mailed, by first class mail,
a second notice to the property owner.
(c)
All notices required by this article shall be mailed to the property
owner’s last known post office address as recorded in the records
or other information of the Township or such other address as the
Township or its designee may be able to obtain from the county tax
assessment office.
(d)
Each notice as described above shall include the following:
[1]
The type of municipal claim or other charge, the date it became due
and the amount owed, including penalty and interest.
[2]
A statement of the Township or its designee’s intent to impose
or assess attorney fees within 30 days after the mailing of the first
notice, or within 10 days after the mailing of the second notice.
[3]
The manner in which the assessment or imposition of attorney fees
may be avoided by payment of the account.
[4]
The place of payment for accounts and the name and telephone number
of the Township’s representative designated as responsible for
collection matters.
A.
No person
shall discharge or cause to be discharged any stormwater, surface
water, springwater, groundwater, roof runoff, subsurface drainage,
building foundation drainage, cellar drainage or drainage from roof
leader connections into any sewer.
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 or the sewer system and to comply with provisions of the Falls
Agreement and the Lower Bucks Agreement.
C.
No sanitary
sewage or industrial wastes shall be discharged to the sewer system:
(1)
Having
a temperature higher than 140º F.
(2)
Containing
more than 120 ppm of tar, oil and/or grease.
(3)
Containing
any gasoline, benzine, naphtha, fuel oil or other flammable 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 have 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, plastics or other fibers, wood, paunch
manure or any other solid or viscous substances capable of causing
obstructions or other interferences with proper operation of the sewer
system or sewers or the sewer system or the sewage treatment plant
of Falls Authority or the sewer system or the sewage treatment plant
of Lower Bucks Authority.
(6)
Having
a pH 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, sewers or the sewer system or the
sewage treatment plant of Falls Authority or the sewer system or the
sewage treatment plant of Lower Bucks Authority.
(7)
Containing
toxic or poisonous substances in sufficient quantity to injure or
interfere with any sewage or sludge treatment process, to constitute
hazards to humans or animals or to create any hazard in waters which
receive treated effluent from the sewer system or the sewage treatment
plant of Falls Authority or the sewage treatment plant of Lower Bucks
Authority. Toxic wastes shall include, but not by way of limitation,
wastes containing cyanide, chromium, copper and nickel ions.
(8)
Containing
noxious or malodorous gases or substances capable of creating a public
nuisance.
(9)
Containing
solids of such character and quantity that special and unusual attention
is required for their handling.
(10)
Notwithstanding
the above provisions, containing substances or having other characteristics
which violate provisions of the Falls Agreement or the Lower Bucks
Agreement or which are prohibited by Falls Authority or by Lower Bucks
Authority to be discharged to their respective sewer systems or sewage
treatment plants.
D.
Where necessary, all owners shall install suitable pretreatment facilities in order to comply with Subsection C.
(1)
Plans,
specifications and any other pertinent information relating to proposed
facilities for preliminary treatment and handling of 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 wastes shall
have been provided by any owner, such facilities shall be continuously
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.
No person
shall discharge or cause to be discharged into the sewer system any
industrial wastes except upon application to this Township and upon
receipt of a written permit therefor by this Township.
B.
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
connection to the sewer system.
C.
Control
manholes.
(1)
Any
person who shall discharge industrial wastes into the sewer system,
when required by this Township, shall construct and thereafter 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.
(2)
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.
D.
Waste sampling.
The strength of wastes to be used for establishing surcharges shall
be determined at intervals deemed advisable by this Township or as
may be requested by the industrial establishment. Waste strength shall
be determined by estimates of this Township or by the collection and
analysis of waste samples. The collection and analysis of waste samples
for determining applicable surcharges shall be supervised by a registered
professional engineer approved by this Township. All costs for waste
sampling and collection shall be paid by the industrial establishment.
The analysis of all waste samples collected to determine applicable
surcharges 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.
E.
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.
F.
This Township
reserves the right to require industrial establishments having large
variations in rates of waste discharge to install suitable regulating
devices for equalizing waste flows to the sewer system.
A.
The furnishing
and installation of meters or other measuring devices which shall
not be owned by this Township, the borough, Lower Bucks Authority
or any other private or public water company, but shall be permitted
under provisions of this article, shall be the sole responsibility
of the owner. The installation or use of such meters or other measuring
devices at all times shall be subject to the approval of this Township
and may be tested and inspected by this Township whenever necessary.
The owner shall be responsible for the maintenance, safekeeping and
repair of any such meter, whether such repairs shall be made necessary
by ordinary wear and tear or other causes.
B.
This Township
shall be responsible for the reading of all meters or other measuring
devices, other than those owned and read by the borough, Lower Bucks
Authority or any other private or public water company, and the same
shall be available to employees and agents of this Township at all
reasonable times.
C.
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, 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.
