[Adopted 12-7-1988 by Ord. No. 1988-4]
A.
COMMERCIAL AND INDUSTRIAL ESTABLISHMENT
CONSULTING ENGINEER
DARA
GARBAGE
INDUSTRIAL ESTABLISHMENT
INDUSTRIAL WASTE
PERSON
PRIVATE DWELLING
SANITARY SEWAGE
SANITARY SEWERS
SEWAGE TREATMENT WORKS
SEWER MANAGER
SEWER SYSTEM
TOWNSHIP
WATER COMPANY
Unless the context specifically indicates otherwise,
the meaning of terms used in this article shall be as follows:[1]
Any structure or store, office or other unit thereof intended
to be used wholly or in part for the purpose of carrying on a trade,
business or profession or for social, amusement, educational, charitable
or public use.
The engineer retained by DARA or the Township, as indicated,
in either case such engineer shall be versed in sanitary engineering.
The Downingtown Area Regional Authority.
Solid waste from domestic and commercial preparation, cooking
and disposal of food and from the handling, storage and sale of produce.
Any structure or separate unit thereof intended to be used
wholly or in part for the manufacturing, fabricating, processing,
cleaning, laundering or assembly of any product commodity or article.
Any solids, liquids or gaseous substance or form of energy
rejected or escaping from any industrial, manufacturing, trade of
business process or from the development, recovery or processing of
natural resources and distinct from sanitary sewage.
Any individual, group, company, association, society or corporation
applying for permission to connect or use the sewer system.
Any structure intended to be occupied as a whole by any family,
including row houses, semidetached house and townhouses.
The domestic waste or normal wastewater carried from households
and toilet wastes from residences, business building, institutions,
commercial institutional and industrial establishments.
The system of pipes and facilities operated by the Township
and DARA for the collection of sanitary sewage and acceptable industrial
wastes in and for the Township and DARA.
All the facilities of the Township and DARA for collecting,
pumping, treating and the disposing of sewage including the Downingtown
Regional Water Pollution Control Center (DRWPCC) of DARA, any such
facilities of the Township and any such facilities of any other municipality
to which the Township sewer system may in the future be connected.
Any person who may, from time to time, be places in general
charge of the sewer system.
All facilities operated by the Township for the collection
and disposal of sanitary sewage and acceptable industrial waste in
and for the Township, whether or not interconnected and in such facilities
of DARA to which the Township system is connected.
The Township of East Caln, Chester County, Pennsylvania.
That public agency or private company providing water services
to customers connected to the sewer system.
B.
"Shall" is mandatory. "May" is permissive.
There is hereby imposed upon each property located
within the Township, served by the sewer system and having the use
thereof, sewer rents or charges payable as herein after provided,
for the use, whether direct or indirect, of the sewer system, based
on the rates in hereinafter set forth.
[Amended 12-20-1989 by Ord. No. 1989-6; 12-16-1992 by Ord. No. 1992-3; 12-15-1999 by Ord. No. 1999-8; 1-23-2002 by Ord. No. 2002-1; 1-6-2003 by Ord. No. 2003-01; 1-2-2007 by Ord. No.
2007-01; 7-5-2007 by Ord. No. 2007-02; 12-19-2007 by Ord. No.
2007-06]
A.
Meter rates. The quarterly sewer rents or charges shall be based on the quantity of water used as evidenced by meter reading of water meters installed by the water company for the purpose of measuring water purchased from said water company and such other meters or measuring devices as may be installed pursuant to any provisions of this article and shall be at the rate of $4.75 per 1,000 gallons of water used in excess 15,000 gallons, in addition to the minimum rate set forth in Subsection B below.
[Amended 6-20-2008 by Ord. No. 2008-03]
B.
Minimum rates. Regardless of water consumption, the
minimum charge for sanitary sewer service shall not be less than $45
for each account for each three-month period.
[Amended 6-20-2008 by Ord. No. 2008-03]
C.
Unmetered accounts. All accounts which have a source of water that is not metered shall be charged the minimum rate as set forth above and the Township may, at its discretion, install a meter or measuring device as set forth in § 160-10 of this article.
D.
Multiple use. In each case of a combination of one
or more dwelling unit, commercial, industrial or institutional establishments
on one property, all having the use of the sewer system through one
sewer connection, then each such dwelling unit or establishment shall
be charged the above mentioned minimum rate as though each were separately
connected to the sewer system, and if there is only one water meter
for any such combination the Township may estimate the amount of water
used by each individual dwelling unit or establishment if necessary.
A.
Methods of measuring volume.
(1)
Whenever a person purchasing all water used from the
water company discharges sanitary sewage and/or industrial waste into
the sewer system, the volume of water used, as determined from meter
readings of the water company, shall be used in computing the sewer
rentals.
(2)
In cases where a person has a source of water supply
in addition to or other than from the water company and discharges
sanitary sewage and/or industrial waste into the sewer system, such
person shall permit the Township to install a meter on such additional
or other source of supply. The total amount of water consumed as shown
by these meter readings will be used in computing the sewer rentals.
(3)
In cases where a person uses water from the water
company and/or from an independent supply such that all or any part
of the water so used is not discharged into the sewer system, the
quantity of water used to determine the sewer rentals shall be computed
by one of the following methods as determined by the Sewer Manager:
(a)
Method No. 1. By placing a meter or measuring
device on the sewer connection. The readings from this meter or measuring
device shall be used in computing the sewer rentals.
(b)
Method No. 2. By placing a meter or measuring
device on the effluent not discharging into the sewer system. The
reading from this meter or measuring device will then be deducted
from the total water meter readings and the remainder will be used
in computing the sewer rentals.
(c)
Method No. 3. When it is not practical to install
measuring devices to determine continuously the quantity of water
not discharged into the sewer system, the Sewer Manager will determine,
in such manner and by such method as he may prescribe, the percentage
of metered water discharged into the sewer system and the quantity
of water used to compute the sewer rentals shall be the percentage
so determined by the quantity measured by the water meter of meters.
Any dispute as to the estimated amount shall be submitted to the Board
of Supervisors of the Township after notice of the estimate, whose
decision on the matter shall be final.
B.
Measuring devices. All meters or measuring devices required to be used under the provisions of this article [except those provided by the water company or those provided by the Township under Subsection A(2) above] shall be furnished and installed by the Township. All such meters or measuring devices (except those provided by the water company) shall be under the control of the Township and may be tested, inspected or repaired by Township employees whenever Sewer Manager shall deem necessary. Installed shall be responsible for its maintenance and safekeeping and all repairs thereto shall be made by the Township at the property owner's expense, whether such repairs are made necessary by ordinary wear and tear or other causes. Bills for such installations and repairs shall be due and payable at the same time and collected in the same manner as are the bills for sewer services; such bills from and after due date shall constitute a lien upon the property upon which such measuring device is installed.
C.
Meter readings. The Township shall be responsible
for the reading of all meters or measuring devices (except to the
extent the water company's readings are used), and they shall be made
available to the Township employees for meter reading at any reasonable
time.
[Amended 12-16-1992 by Ord. No. 1992-3]
A.
Minimum rate. The minimum sewer rentals or charges
for all accounts shall be paid quarterly, in advance, and the first
day of the billing periods for these minimum sewer rentals shall be
the first days of January, April, July and October of each year. All
bills shall be due and payable within 60 days of the first day of
each billing period.
B.
Excess rate. The excess sewer rentals or charges for
all accounts shall be billed and paid quarterly. The excess rate rental
or charge shall be included in the first quarterly minimum rate bill
prepared after the receipt of the meter readings from the water company.
A.
Charges for sewer service shall be subject to 10%
penalty if not paid by the date the payment is due. If not paid within
60 days after becoming due, the bill plus the penalty shall bear interest
from the due date at the rate of 1% per month or fraction thereof
until paid and the Township shall have the right to cut off sewer
service from or request the water company to discontinue public water
service to the delinquent premises and not to restore the same until
all delinquent bills against the same and the cost of cutting and
restoring service shall have been paid.
[Amended 2-15-2023 by Ord. No. 2023-01]
B.
All persons connected to the sewer system must give
the Township their correct address. Failure to receive bills will
not be considered an excuse for nonpayment nor permit an extension
of the period which bills are payable at face.
C.
All sewer rentals, together with all penalties thereon,
not paid on or before the end of six months from the date of each
bill shall be deemed to be delinquent. All delinquent sewer rentals
and all penalties thereon shall be a lien against such property in
the office of the Prothonotary of Chester County and shall be collected
in the manner provided by law for the filing and collection of such
liens.
A.
The funds received by the Township from the collection
of the sewer rentals and charges and all penalties thereon, as herein
provided for, and any fines collected by the Township in connection
with the sewer system shall be segregated, earmarked and deposited
in a separate fund to designated "Sewer Revenue Account."
B.
The funds received by the Township from payment of
tapping and connection charges imposed by the Authority and collected
by the Township as its agent shall be paid to the Authority.
C.
Said funds shall be used only for the purpose specified
in any lease or agreement the Township may enter into for and of,
or in connection with, said sewer system with the Authority in accordance
with the provisions of the Act of May 2, 1945, P.L. 382, as amended.
The following regulations shall apply:
A.
The discharge of all sanitary sewer and acceptable
industrial waste shall be in accordance with the regulations of the
current resolution of DARA establishing the waste discharge standards
for the Downingtown Area Regional Authority.
B.
A garbage disposal unit with a motor of 1/2 horsepower
or less may be installed in any single-family dwelling or unit without
a permit.
C.
A private swimming pool intended primarily for the
use by one residence may drain the pool into the sewer system at a
rate not to exceed 20 gallons per minute.
D.
Air conditioning units using 20 gallons of water per
minute or less and having a discharge temperature of not over 140°
F may discharge into the sewer system.
E.
Floor drains used for washing and cleaning will be
permitted only on application to the Township and only after provisions
have been made for the removal of sand, grit, oil, grease, garbage
or any other materials.
Any person, or corporate or other entity, who
shall violate any provision of this article shall be served by the
Township with written notice stating the nature of the violation and
providing a reasonable time, under the circumstances involved, for
the satisfactory correction thereof. The offender shall, within the
period of time state in such notice, permanently cease all violations.
Any person, firm or corporation who shall continue to violate any
provision of this article, upon conviction thereof in an action brought
before a Magisterial District Judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this article continues or each section of this article which shall
be found to have been violated shall constitute a separate offense.
In the event the owner or operator of any industrial or commercial
establishment fails to conform or comply with the terms and conditions
of its agreement with the Township and/or DARA, pertaining to the
discharge of its waste, which causes damage to the sewer system or
to any employee thereof, or through the discharge of any substance,
kills fish, such owner or operator shall be liable for such damage.
The limits of such damage shall be determined by the Township and
DARA, where its facilities are involved and the owner or operator
shall be sent a written statement delineating such damages and cost
of correction or repair thereto and such statement shall be paid by
the offending owner or operator within 30 days from its receipt. All
appropriate legal action may be taken to enforce such collection,
and the Township may, apart from such legal action, resort to the
termination of the offender's connection to the sewer system without
notice.
