[Adopted 12-9-1992 by Ord. No. 273.4 (Ch.
18, Part 1A, of the 1994 Code)]
A.
AUTHORITY
BUILDING SEWER
CONNECTION UNIT
EQUIVALENT DWELLING UNIT (EDU)
HARMFUL WASTE
IMPROVED PROPERTY
INDUSTRIAL ESTABLISHMENT
INDUSTRIAL WASTE
LATERAL (also referred to as a "service lateral")
METERING FACILITIES
NONRESIDENTIAL USER
OUTSIDE SEWER FACILITIES
OWNER
PERSON
PLUMBING CODE
PRIVATE SEWER SYSTEM
PROCESS WASTEWATER
RESIDENTIAL UNIT
SANITARY SEWAGE
SEWERED AREA
SEWER MAIN
SEWER SYSTEM
STREET
TOWNSHIP
TREATMENT PLANT
WASTEWATER
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated and if no definition is set forth in Article II but a definition is provided in Article III, the definition of Article III shall apply:
Hatfield Township Municipal Authority.
The extension from the sewage drainage system of any structure
to the lateral of the sewer system.
Each structure or portion of a structure for which a use
and occupancy certificate is required upon original occupancy or resale
or for which one or more additional laterals are required pursuant
to rules, regulations and specifications of the Authority.
A source of wastewater of 250 gallons/day, which is equivalent to that generated by a single-family dwelling unit. Every building or use connected to the sewer system shall constitute a least one EDU. For the purposes of residential use, the number of EDUs applicable shall consist of the total number of residential dwelling units, together with the EDUs applicable to any common-use areas calculated as set forth herein for nonresidential use. For the purposes of a nonresidential use, the number of EDUs applicable to that use shall consist of the actual or estimated total discharge of wastewater per day, divided by 250 or that number of EDUs specified in the table set forth in § 224-15.
Any product or substance which, when released in the sewer
system, may alone, or in combination with other substances in the
sewer system cause harm to any person, property, the sewer system
or the treatment plant.
Any property within the sewered area 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 waste shall be or may be discharged.
Any premises used in whole or in part for the manufacturing,
processing, cleaning or assembly of any product, commodity or article,
or any other premises from which wastewater other than sanitary sewage
is discharged.
Any solid, liquid or gaseous substance, rejected or escaping
in the course of any industrial, commercial, institutional or professional,
manufacturing, trade or business process or practice or in the course
of the development, recovery or processing of natural resources, which
is discharged into the sewer system, as distinct from sanitary sewage.
That part of the sewer system extending from the sewer main
to street right-of-way line or, if there shall be no street right-of-way
line, extending to the edge of the right-of-way sewer easement.
A flow-measuring system, designed and installed in accordance
with accepted engineering practices, and approved by the Authority
for the measurement of sewage flows. For industrial establishments
and nonresidential users, publicly metered water use records may be
considered "metering facilities" if approved by the Authority.
Any person making a commercial, institutional, professional
or industrial use, other than a residential use unit of improved property,
which is connected to the sewer system and from which sanitary sewage
or industrial waste is or may be discharged into the sewer system.
The system of sanitary sewers and appurtenances for the collection,
transportation and pumping of sewage that is located outside of the
municipal boundaries of Hatfield Township, and is owned and operated
by the Township and/or Authority.
Any person vested with ownership, legal or equitable, sole
or partial, of real property located in the sewered area.
Any individual, partnership, company, association, society,
corporation or other group or entity.
The BOCA Plumbing Code of the Township.[1] Wherever no other specific standard is stated, the specifications
of the BOCA Plumbing Code shall apply.
The system of sanitary sewers and appurtenances for the collection,
transportation and pumping of sewage that is located on private property
or in noneasement areas and is not owned and maintained by the Township
or Authority.
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product or by-product,
excluding sanitary wastes, noncontact cooling water and boiler blowdown.
Each private dwelling; each dwelling unit in a double house
or in a row of connecting houses; each apartment, each room, group
of rooms, house, trailer, mobile home or any structure occupied or
intended for occupancy as separate living quarters by a family or
group of persons living together or by persons living alone, which
accommodation is connected to the sewer system, and from which sanitary
sewage is or may be discharged into the sewer system.
The type of toilet or other water-carried wastes normally
discharged from residential properties and may be referred to as domestic
sewage.
That portion of the Township in which there shall be constructed
a sewage collection system as from time to time constructed and extended
by the Authority, the Township or others, and that part of areas outside
the Township in which sewage collection facilities shall be constructed
which connect to the sewage treatment plant of the Authority located
in the Township.
Any pipe or conduit constituting a part of the sewer system,
used or usable for sewage collection purposes, other than a lateral
or the building sewer.
All facilities, as of any particular time, for collecting,
pumping and disposing of sanitary sewage and industrial waste, situate
in the sewered area and/or otherwise owned and/or operated by the
Authority or the Township.
Any street, road, lane, court, alley or public square, whether
public or private.
The Township of Hatfield, Montgomery County, Pennsylvania,
or as the context may require, the Board of Commissioners (in connection
with matters requiring action of the Commissioners) or such officers
or employees of the Township as are authorized to act for the Township
in the premises including, but not limited to, the Township engineers,
Sewage Enforcement Officer and Building Inspector and Zoning Officer.
The facility owned and operated by the Authority situated
at 3200 Advance Lane, Hatfield Township.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any other waters which may be present, whether treated
or untreated, which are contributed into or permitted to enter the
POTW.
B.
Word usage. "Shall" is mandatory; "may" is permissive.
A.
Permit required for connection. No person shall uncover,
connect to, make any opening into or use, alter or disturb in any
lateral or any other part of the sewer system without first obtaining
a permit in writing from the Authority pursuant to rules and regulations
authorizing such connection and/or use as adopted by the Authority
as may be amended from time to time. No permit shall be issued unless
there is sufficient capacity in the treatment plant to treat the wastewater.
B.
Application for permit. Application for a permit required under Subsection A shall be made by the owner of the improved property to be served, or by his duly authorized representative.
C.
Conditions for connections. No person shall make or
cause to be made a connection on any improved property with the sewer
system until such person shall have fulfilled each of the following
conditions:
(2)
Such person shall have given the Authority at least
48 hours' notice of the time when such connection will be made, so
that the Authority may supervise and inspect the work of connection
and necessary testing.
D.
Display of permit. The permit required by Subsection A shall be displayed prominently upon the improved property to be connected to the sewer system at all times during construction of the building sewer and connection of the building sewer to a lateral.
E.
Separate connection for each unit.
(1)
Except as otherwise provided in this section, each
connection unit on each improved property shall be connected separately
and independently through its own building sewer and lateral. Grouping
of more than one connection unit on one building sewer shall not be
permitted. Notwithstanding anything set forth hereinabove to the contrary,
a single sewer connection will be permitted to serve a school, factory
and apartment house or other permanent multiple-unit structure whose
individual apartments or units may not be subject to separate ownership.
(2)
Each building sewer shall be installed by, and at
the expense of, the property owner. Installation shall conform to
the standards and specifications of the Authority. Pipe must be laid
in the best possible alignment and at a minimum grade of 2%. Adequate
cover to protect the pipe from crushing or frost action is required.
Each building sewer shall be provided with four-inch running trap/vent.
Clean-outs shall be provided in accordance with the requirements of
the most recent edition of the BOCA Plumbing Code.[1] The property owner will be responsible for the maintenance
of the building sewer and the service lateral.
F.
Costs of construction and connection. All costs and
expenses of construction of a building sewer and of a connection to
a lateral shall be borne by the owner of the property to be connected;
and in addition thereto, as a condition of the grant of a permit,
such owner shall agree to indemnify and save harmless the Township
and Authority from all loss or damage resulting directly or indirectly
from the connection to the lateral, including any damages to persons
or property occasioned thereby.
G.
Construction of lateral.
(1)
In instances where no lateral exists, the person shall
contact the Authority to determine the method of connection to the
sewer system. Approval of the location and method of connection to
the sewer system must be obtained from the Authority prior to connection.
If the sewer main is located in the road pavement, the person, at
a minimum, shall be required to install a six-inch diameter lateral
from the sewer main for a distance of 10 feet or such distance as
is necessary to extend the lateral beyond the curbline, whichever
is greater, prior to installing the building sewer. If the sewer main
is not located in the road pavement, then a four-inch diameter lateral
shall be required. All work shall be done in accordance with the Township's
and the Authority's standards. In instances where, in the opinion
of the Authority, a connection to the sewer system may result in potential
danger to any portion of the sewer system including, but not limited
to, collapse, blockage or failure, special requirements to perform
the connection may be specified. These include, but are not limited
to, the setup of bypass pumping equipment at the site capable of transporting
flows equal to peak daily quantities and the posting of a bond equal
to the maximum established cost of repair should damage occur.
(2)
In addition, the following items must be complied
with by the property owner related to construction of a lateral and/or
connection to the sewer system:
(a)
Prior to construction of a lateral and/or connection
to the sewer system, the property owner or the contractor constructing
the lateral and/or connection must obtain and present proof of public
liability insurance in the minimum amount of $1,000,000 with the Township
and Authority named as additional insureds. The policy of insurance
must provide that it shall not be canceled or modified without at
least 30 days prior written notice of such to both the Township and
the Authority.
(b)
The property owner shall pay all costs of construction,
connection and repairs to the lateral and/or connection.
(c)
The property owner shall bear the costs of inspection
of the laterals and connections. In the event a violation or malfunction
of a lateral and/or connection is suspected, the Authority may perform
additional inspections (including testing) after construction and
connection, and in the event a violation and/or malfunction is found
the property owner shall pay the cost of such testing and inspection.
(d)
The owner is responsible for securing all permits,
including road opening permits. In the event the Authority must obtain
a road opening, occupancy permit or any other permit related to the
property owner's construction, connection maintenance or repair of
their lateral, connection or other appurtenances, the property owner
shall pay any and all costs and expenses incurred by the Authority.
H.
Adherence to standards and specifications. The construction
of building sewers and the connection thereof to a lateral shall be
done in accordance with the provisions of the BOCA Plumbing Code[2] and the Township's ordinances, rules and regulations pertaining
thereto and the Authority's specifications.
I.
Guarding of excavations; restoration. Every excavation
for installation, maintenance or repair of a lateral or building sewer
shall be guarded adequately with barricades and lights to protect
all persons from damage and injury. Streets, sidewalks and other public
property disturbed in the course of installation of a building sewer
shall be restored at the cost and expense of the owner of the improved
property being connected, in a manner satisfactory to the Township
and the Authority. Every excavation requiring a road opening of a
Township, state or county highway requires a highway occupancy permit
or road opening permit from the appropriate agency. The road restoration
must be done in accordance with the specifications of the appropriate
agency.
J.
Maintenance of building sewer and lateral. Every building
sewer and lateral of any improved property shall be maintained in
a sanitary and safe operating condition by the owner of such improved
property.
K.
Correction of defects in building sewers and lateral.
Whenever the Authority has reason to believe that any building sewer
or lateral has become defective, such building sewer or lateral shall
be subject to test and inspection. Defects found upon such test and
inspection, if any, shall be corrected as required by the Authority,
in writing, at the cost and expense of the owner of the improved property
served through such building sewer or lateral.
L.
Surface water excluded from the sewer system. No person
shall make connection of roof downspouts, foundation drains, sump
pumps, areaway drains or other sources of surface runoff or ground
water in any manner resulting in such surface, runoff or ground water
being discharged directly or indirectly into the sewer system. Any
person found to have a connection of this type shall be formally notified
that he must remove the connection discharging such surface runoff
or ground water. Such person shall have 30 days from notification
in which to remove such connection or shall hereby be in violation
of this article, and such person shall, upon conviction, be subject
to the penalties set forth herein below.
M.
Substances excluded from the sewer system.
(1)
No person shall cause, permit or allow any discharge
or flow of any flammable or explosive substance, solid, liquid or
gas (such substances include, but are not limited to, acetone, benzene,
fuel oil, gasoline, kerosene or naphtha), either directly or indirectly
into the sewer system that could create any danger of fire or explosion
or result in damage or injury to persons or to the structures, equipment
or processes of the sewer system or treatment plant.
(2)
No person shall cause, permit or allow any discharge
or flow of any corrosive substance, solid, liquid or gas, either directly
or indirectly into the sewer system that could create any danger of
corrosive damage or injury to persons or to equipment, structures
or processes of the sewer system or treatment plant.
(3)
No person shall cause, permit or allow the discharge,
flow or placement, directly or indirectly, into the sewer system of
any substance, material or object that, in quantities or concentrations
which alone or in conjunction with the discharge from other sources,
could cause or result in the obstruction of flow of wastewater in
the sewer system or the interference with or damage to the equipment,
structures or processes of the sewer system or treatment plant or
a violation of any requirement of the Authority's NPDES permit.
(4)
In addition to invoking the penalties provided for violation of this article as set forth in § 224-18 hereof, the Township and/or the Authority shall be empowered to discontinue sewer service to any property from which objectionable discharges emanate, to direct the owner or person occupying the property to discontinue such discharge or make such repairs or changes to the property, including the removal of materials from the property, as to prevent such discharges of objectionable substances, or to take such other measures as may be required to safeguard persons, equipment, structures or processes of the sewer system or treatment plant.
A.
Authority to enter public streets of Hatfield. For
purposes of constructing, extending, installing, maintaining, safeguarding
or repairing its sewer facilities, the Authority is authorized to
enter in, under and upon any and all streets or other ways now or
hereafter in public use and all sanitary sewer easements and open
space lands held by the Township within the Township; subject, however,
to the following conditions:
(1)
The Authority shall cause as little inconvenience
to the public in the use of such streets and ways as may be reasonably
possible and shall comply with the reasonable requirements of the
Township in such regard.
(2)
Upon completion of any work, the Authority shall restore
such streets and ways to the condition prevailing before the work
began, and guarantee the subject road repairs for one year through
the use of insurance or bonding.
(3)
The Authority shall indemnify the Township and its
Board of Commissioners against all loss and expense of injury to persons
or damage to property resulting from operations of the Authority in
such streets and ways or the maintenance of its facilities thereunder
and, upon request of the Township, shall obtain insurance in reasonable
amounts covering such risks.
(4)
Conditions of connection. All connections to the public
sewage system are made upon the express understanding and agreement
of the property owner that neither the Township nor the authority
shall be liable for any damage or expense resulting from leaks, stoppages
or defective plumbing or from any other cause occurring to any premises
or within any house or structure when such damage or expense is found
to have resulted from stoppages, damage or defects in any house connection,
nor shall the Township or the Authority be liable for any deficiency
or failure of service when occasioned by an emergency, required repairs
or failure from any cause beyond its control.
(5)
The Authority shall notify the Township Building Department
and the Township Police Department 72 hours in advance of any installation
or repair activity within the public streets, roads and highways of
the Township, through the use of a Township street opening permit.
The Authority shall not open any streets and/or highways in the Township
until the said street opening permit is approved by the Township.
(6)
Payment of any permit fees, or other sums of money,
shall not be applicable to public improvements installed by the Authority
conditioned, however, that the Authority make permit application for
any and all street openings while installing or maintaining facilities
owned and operated by the Authority.
B.
Disposal of wastewater on public or private property.
No person shall discharge or dispose of any wastewater, on public
or private property within the Township, except into an existing and
properly functioning on-site sewage disposal system or in conformity
with this article, in compliance with all applicable federal, state
and local laws as amended from time to time. Any on-site systems in
violation of these standards are hereby declared to be public nuisances
and are subject to abatement as provided by law.
C.
Approval of building sewer connection permits and
sewer system connections. From the effective date of this article,
all connections to the sewer system shall be made by or at the direction
of the Township or its authorized agent or the Authority Sewer Inspector
or the Authority Sewer Inspector's authorized representative.
D.
Required connections to the sewer system. The owner
of any property in the Township which abuts or adjoins, or which is
within 200 feet of any easement, alley, street or highway in which
a sewer main of the sewer system owned or leased by the Township is
located or through which a sewer main of such sewer system is constructed
and upon which property there is generated sanitary sewage or industrial
waste shall, upon receipt of written notice from the Authority, connect
such improved property to the sewer system without delay in accordance
with the rules and regulations of the Township and the Authority.
E.
Publication of required connections. The Authority
shall publish notice once in a newspaper of general circulation in
the Township, containing notice of the completion of extension of
the Authority sewer system and the requirement that owners of property
in the Township which abut or adjoin the extended sewer system, or
which is within 200 feet of any easement, alley, street or highway
in which the sewer system has been extended or located must connect
thereto within six months of the publication along with a description
or identification of those properties which are affected. The notice
shall further state that failure to connect within the stated time
period will result in the Authority making the connection at the sole
expense of the property owner in accordance with this article. The
notice shall further set forth that failure to reimburse the Authority
for the costs of connection may result in an assessment against the
property which shall be lienable by the Township.
F.
Connections by Township; costs. If any owner of property
required to be connected to the sewer system shall neglect or refuse
to connect thereto after written notice to do so, the Authority may
give the owner written notice making reference to this section and
ordering the owner to make the required connection within 60 days
of the date of notice, and upon failure of the owner to make the required
connection within the sixty-day period, the Township or its agents
(which shall include the Authority) may enter upon the property and
construct such connection and, upon construction of such connection
to bill the cost of the connection to the property owner, which bill
shall be payable immediately. In case of neglect or refusal by the
owner of such property to pay said bill, it shall be the duty of the
proper Township officials and Township Solicitor or the Authority
acting as agent for the Township to file municipal liens for the construction
within six months of the date of the completion of the construction
of the connection.
G.
Failure to make required sewer connection. If any owner of improved property within the Township shall have failed to connect such property with the sewer system as required by Subsection D, and the Authority shall have given such owner written notice pursuant to Subsection F, and if such owner shall have failed to make the required connection within the sixty-day period, such failure shall be and hereby is declared a violation of this article, and such owner shall, upon conviction thereof, forfeit and pay to the use of the Township the sum of $1,000 for each day such violation shall persist, together with costs of prosecution.
H.
Use of septic tank of similar receptacle prohibited. It shall be unlawful, 60 days from receipt of written notice pursuant to Subsection D or F, for any person, firm or corporation to own, maintain, operate or use within the Township a privy, cesspool, vault, septic tank or similar receptacle for sanitary sewer collection or disposal upon any property now or hereafter improved which is accessible to a collection sewer line of the sewer system, or to connect any privy, cesspool, vault, septic tank or similar receptacle with any collection sewer line.
I.
Wastes other than sanitary sewage excluded; exception.
No owner or occupant of property shall be permitted to discharge into
the sewer system any waste or discharge other than sanitary sewage
except as may be expressly permitted by the rules and regulations
of the Authority currently in effect.
J.
Service of notice to property owners. Notices to property owners under Subsection D or F may be given either by personal service or by certified mail sent to the last known address of such owner. In the event that notice is returned as unclaimed, the Township or the Authority may enter into the property as provided in Subsection F hereof.
K.
Connection and repair inspections. In order to prevent
infiltration, all new sewer line installations, connections to existing
lines of the Authority and all repairs shall be inspected by the Township
Building Inspector or Township Engineer or his authorized representative
and the Authority Sewer Inspector or his authorized representative.
Charges for the inspections shall be paid by the property owner in
accordance with the fee schedule adopted by ordinance or resolution
of the Township as may be amended from time to time. In the event
inspection fees are not paid to the Township and/or the Authority,
as the case may be, within 30 days of the date of billing the Township/Authority
may make a lienable assessment against the subject property. No building
permit shall be issued for the erection, construction, alteration
or repair of any buildings whatsoever until the aforesaid inspection
fees shall have been paid.
L.
Denial of use of sewer system. If any person shall
fail for 60 days after written notice from the Township and/or the
Authority to remedy any unsatisfactory condition with respect to a
building sewer, the Township and/or Authority may refuse to permit
such person to use the sewer system until such unsatisfactory condition
shall have been remedied to the satisfaction of the Authority Engineer.
M.
Prevention of discharge of harmful wastes. The Township
and/or Authority reserves the right to refuse to any person the use
of the sewer system or to compel the pretreatment of industrial waste
in order to prevent discharge into the sewer system of harmful wastes.
N.
Metering facilities. The Authority shall have the
authority to require all private sewer systems, industrial establishments
and nonresidential users to install metering facilities in furtherance
of the Authority, Pennsylvania and federal pretreatment and environmental
programs and policies. The type and location of the metering facilities
shall be approved by the Authority. Operation and maintenance of the
metering facilities shall be the responsibility of the private sewer
system, industrial establishment or nonresidential user. For existing
private sewer systems, industrial establishments or nonresidential
users not already equipped with metering facilities, they shall have
six months from the date of written notification from the Authority
to obtain approval from the Authority for the design and installation
procedures associated with metering facilities and must complete construction
and begin operation of such facilities within 12 months from the date
of written notification from the Authority. The private sewer system,
industrial establishment or nonresidential user subject to metering
shall submit to the Authority on a monthly basis a copy of the actual
flow charts and a summary tabulation of the daily flow volume and
seven-day moving average flow volume. Each meter shall be calibrated
at least annually by a qualified, independent, third-party calibrator
and adjusted to perform within manufacturer specifications and certification
of such must be submitted to the Authority. Failure to comply with
these requirements will require the owner of the property in question
to pay the Authority the sum of $1,000 for each day past the stated
dates the requirements are not met. Failure to properly maintain and
operate the metering facility will require the owner to pay the Authority
the sum of $1,000 for each day the metering facility does not operate
properly. The owner will be given 30 days' notice to repair the metering
facilities to an operational condition prior to the penalty fees being
imposed. Should the meter continuously malfunction, the owner shall
remove the equipment and install a new metering facility as approved
by the Authority.
O.
Approval required for increase in wastewater flow.
No private sewer system, industrial establishment or nonresidential
user shall increase the quantity of wastewater discharged through
an existing connection or construct a new connection to the sewer
system without first obtaining approval from the Authority. Any such
increase in wastewater flow may require additional connection and/or
usage charges in accordance with this article.
P.
Metering of outside sewer facilities. Outside sewer
facilities, unless specifically exempted by the Authority, shall be
equipped with meter facilities at or near the connection point to
the Township sewer system. The Authority may require such outside
sewer facilities to be organized into a separate sewer district for
the purpose of collecting sewer rentals and charges. The exact location
of the metering facilities shall be in a position approved by the
Authority.
Q.
Inspection of suspected violations. In the event of
suspected violation of this or any Township ordinance, resolution,
or Township or Authority rule or regulation related to the Township/Authority
sewer system, the Authority may enter upon the property where the
violation is suspected to exist for the purpose of investigation,
enforcement and, if necessary, abatement of any violation. Denial
of access by the person in possession of the subject property shall
be prima facie evidence of the existence of a violation, entitling
the Authority to issuance of a search warrant and for application
of penalties for violation as set forth in Township ordinances and/or
allowed by law or in equity.
[Amended 9-28-1994 by Ord. No. 420]
A.
Imposition of charge; when due and payable. There is hereby charged and imposed upon the owner of each EDU to be connected a connection charge, which shall be due and payable to the Authority, with respect to those owners who are required to connect to the sewer system by this article, at a time the connection permit is issued or 60 days after written notice to such owner to connect, whichever date is earlier, and with respect to owners not so required to connect but who desire to do so, prior to the issuance of the connection permit referred to in § 224-12.
B.
Notice of completion of sewer section. Upon the completion
of each section by the Authority, by the Township or by others, the
Township or the Authority shall give notice to all owners of property
required to be connected to such section and for which a lateral has
been constructed to connect to such property and shall advise the
owners of all properties not required to connect of their opportunity
to do so.
C.
Sewer system connection charge.
(1)
The owner of sewered property in Hatfield Township
shall pay a connection fee for each use or lateral connected directly
or indirectly to the sewer system. The connection fee shall be calculated
by reference to the size of the lateral as follows:
|
Size of Lateral
(inches)
|
Charge
(each)
| ||
|
4 or 6
|
$200
| ||
|
8
|
$275
| ||
|
10
|
$450
| ||
|
Larger than 10
|
$550
| ||
(2)
The connection fee shall be payable at time of issuance
of permit required for connection.
D.
Sewage inspection fees.
(1)
In all approved subdivision and/or land developments
within the Township, the Township Engineer, Authority or other designated
official shall inspect all sanitary sewer lines and connections and
approve the same before they shall become effective and allowed to
be used within the sewer system, and the owner shall pay a fee to
the Township for said Township Engineer's services at the rate set
forth in the Township Fee Resolution.[1] Where an inspection has been made by the Authority, the
fee for such inspection shall be paid to the Authority) and no building
permit shall be issued for the erection, construction, alteration
or repair of any buildings whatsoever in said subdivision development
until such time as the aforesaid engineering fee shall have been paid
to the Township.
(2)
All owners of buildings prior to connecting to the
public sewer system shall obtain a plumbing permit from the Hatfield
Township Plumbing Inspector or designated Township official, which
official shall inspect and ascertain that all Township plumbing requirements
and ordinances have been complied with prior to issuing the same;
and in addition thereto, at the time of obtaining said plumbing permit,
the owner shall pay to the Township an inspection fee to be established
from time to time by resolution of the Board of Commissioners.
[Amended 6-27-2002 by Ord. No. 475]
A.
Rentals established. Sewer rentals are hereby imposed
in an amount which shall be established by resolution duly adopted
by the Board of Commissioners. Sewer rentals shall be payable by and
collected from the owner of each improved property, based upon the
number of EDUs applicable to such improved property from and after
the date of connection of such improved property to the sewer system.
B.
Annual base rental. The annual sewer rental for each
EDU shall be established from time to time by duly adopted resolution
of the Board of Commissioners of Hatfield Township. The rental for
certain classification of property shall be calculated by reference
to a Table of Equivalent Residential Units, Table of Equivalent Public
units or Table of Equivalent Nonresidential Units, which shall be
established, from time to time, by duly adopted resolution of the
Board of Commissioners of Hatfield Township.[1]
[1]
Editor's Note: The Table of Equivalent Nonresidential Units and Table of Equivalent Public Units, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See Ch. A287, Fee Schedules, Article I, for the current resolution establishing these tables.
C.
Wastewater strength surcharge.
(1)
It is possible that, depending upon the wastewater
characteristics and the Authority's discharge permit requirements,
a surcharge may be imposed by the Authority. Any such surcharge will
be determined by a quality analysis of the wastewater which shall
consist of laboratory analysis to determine the strength(s) of the
wastewater.
(2)
A wastewater strength surcharge formula is hereby
established by the Authority, as follows:
|
Surcharge = X - [1 + (R1 S) + (R2 B) + (R3 N)
+ (R4 P)]
| ||
|
Where:
| ||
|
R1, R2, R3, R4 = Rates of
treatment costs for quality to total treatment cost for each parameter
| ||
|
S = Total suspended solids
| ||
|
B = BOD5
| ||
|
N = TKN + NO2 + NO3
| ||
|
P = Total phosphorus
| ||
(3)
Specific values for R, S, P, B and N will be set at
time of discharge permit application for the wastewater discharged.
(4)
The surcharge, if applicable, may be increased or
decreased at the sole discretion of the Authority. This surcharge
formula and the characteristics used in the surcharge formula (i.e.,
BOD, TSS) may be amended from time to time by resolution of the Township.
(5)
In the case of the applicability of a surcharge, the
surcharge value, as determined from the surcharge formula in this
section, shall be multiplied by the minimum sewer rental in order
to determine the total sewer rental to be paid.
D.
Nonresidential users; private systems; industrial
establishments.
(1)
Metering facilities; water usage. The volume of water
to be used for billing sewer rentals to industrial establishments
and nonresidential users shall include any and all water purchased
from the North Penn Water Authority or North Wales Water Authority
or any other private or public water company and, in addition, all
water obtained from any other source or sources (wells, springs, streams,
etc.) as determined by meters installed and maintained by either of
said water authorities or any other private or public water company,
by meters maintained and installed by the property owner as may be
required, approved and inspected by the Authority or from estimates
or measurements made by the Authority where metering is considered
impractical by the Authority or when meters have not been installed.
(2)
Excluded water.
(a)
Exclusion from the sewer system and treatment
plant of nonprocess, nonsanitary waters not requiring treatment may
be required by the Authority or such exclusion may be optional with
the property owner if not required by the Authority. When such wastewaters
are not discharged to the sewer system, sewer rentals shall be based
upon total water consumption less wastewaters not discharged to the
sewer system.
(b)
Wastewaters not discharged to the sewer system
may be determined from meters installed and maintained by the owner
or from estimates or measurements made by the Authority, or the owner
may elect to measure the volume of waste actually discharged to the
sewer system as provided for below.
(3)
Meter facilities; sewer meters. The Authority shall
require all private sewer systems and outside sewer facilities and
may require any industrial establishment and nonresidential user to
install, at its own expense, and maintain a meter of a type approved
by the Authority to measure the volume of wastewater discharged to
the sewer system by such user. Such a meter shall be installed for
any nonresidential user obtaining, in whole or in part, a supply of
water from other than a public water company.
(4)
Surcharge. In addition to the sewer rental established hereby, a nonresidential user may be subject to surcharges based upon the strength of the wastewater discharged, as established under the provisions of Article III of this chapter, known as the "Pretreatment Ordinance," and Subsection D of this section. Any nonresidential user subject to a strength surcharge under the pretreatment ordinance shall pay, in addition to the surcharge, an additional amount to be added to each billing to cover all costs associated with the monitoring, sampling, testing or analysis of wastewater discharged by such nonresidential user.
(5)
Sampling facilities. When directed by the Authority,
industrial establishments and nonresidential users shall install,
pay for and maintain a manhole or other device as may be approved
by the Authority to facilitate observation, measurement and sampling
of wastes discharged to the sewer system and treatment plant. The
Township, the Authority or their duly authorized representatives shall
at all reasonable times be permitted to enter upon any and all properties
for the purpose of inspecting all metering devices and of observing,
measuring and sampling wastes discharged to the sewer system and treatment
plant. Any industrial establishment or nonresidential user that desires
to connect with the sewer system and plans to change its operations
so as to materially alter the characteristics and volume of wastes
discharged therefrom shall notify the Authority in writing at least
10 days before making, such connection or changing its operations.
If the owner, being obligated to do so, shall fail to install a manhole
or other observation, sampling or measurement device, or fail to maintain
the same, then in any such case after 10 days' written notice from
the Authority to perform the obligation, the Authority may enter onto
the property at all reasonable times, and install such manhole or
device or maintain or repair the same, as the case may be, and charge
the costs of such to the property owner. The bill for costs shall
be due and payable immediately upon completion of the work, and if
not so paid, shall be collected in the same manner as periodic bills
for sewer rentals and charges.
(6)
Installation and maintenance of meters. If the owner
of any industrial establishment or nonresidential user shall be required
pursuant to the foregoing provision to install a meter or meters for
measuring wastewaters, it shall be the duty of the owner to furnish
and install such meter at his own expense, and in such case and also
if the owner shall have voluntarily installed such meter or meters,
the owner shall be required to maintain the same in good operating
condition and make all necessary repairs and replacements. If the
owner, being obligated so to do, shall fail to furnish or install
such meter or meters or shall fail to maintain the same as above provided,
then in any such case after 10 days' written notice by the Authority
to perform such obligation, the Authority may enter onto the property
at all reasonable times and install such meter or meters or repair
and maintain the same, as the case may be, and charge the cost of
installation or repair to the owner. Bills for installation or repairs
if made by the Authority shall be due and payable immediately upon
completion of the work and, if not so paid, shall be collected in
the same manner as periodic bills for sewer rentals and charges.
(7)
Amendments and modifications. Additional classifications
of sewer rentals or modifications of the above schedule or rentals
may be established or made by the Township and/or Authority from time
to time as deemed necessary.
E.
Time and method of payment; penalties and interest.
(1)
The sewer rentals imposed by this article are payable
quarterly in advance, and rents for each calendar quarter shall be
billed and payable 15 days after the beginning of the quarter, i.e.,
on the 15th day of January, April, July and October in each year.
(2)
If the full amount of the bill shall not be paid within
30 days from the date of billing, 12% of the face amount of the bill
shall be added thereto, which together with the face amount of the
bill shall become the gross amount thereof. Any bill which remains
unpaid after 60 days from the date thereof shall also bear interest
thereafter at the rate of 1 1/2% per month or fraction thereof
on the gross amount thereof until paid.
(3)
Failure of any owner to receive quarterly bills for sewer rentals and charges due to the failure of the owner to notify the Authority of this correct address, or failure of any owner to receive a correct bill for sewer rentals and charges by reason of the failure of the owner to notify the Authority of the use or uses of which an improved property or any portion thereof is made, pursuant to the notice requirements of § 224-18, shall not excuse nonpayment or failure to pay the amount which would be properly applicable to the use or uses of which said improved property is made, and shall not result in an extension of the period of time during which the net bill shall be payable.
F.
Apportionment of rents. Whenever sewer service to
any improved property begins after the first day or terminates before
the last day of any quarterly period, the sewer rentals for the improved
property for such quarterly period shall be prorated, and shall be
billed in conjunction with the next regular quarterly billing or by
special billing as the official responsible for billing may elect.
G.
Collection of delinquent rents; lien. Delinquent bills
for sewer rentals, together with all charges, expenses and fees added
thereto, shall, in the manner provided by law, become a lien upon
the property served and shall be collectible in the name of the Township
or the Authority as its agent by an action in assumpsit against the
owner of such property or be enforced against such property by the
filing of a municipal lien.
H.
Pump station operation and maintenance cost assessments.
The Township/Authority shall have the right to allocate the operation
and maintenance costs associated with a Township and/or Authority
owned and operated pump station to the improved properties tributary
to said pump station. These costs shall include, but not be limited
to, electricity, parts and equipment replacement and associated labor
costs, servicing, cleaning, routine inspections and mileage costs.
Such allocation of costs shall be in addition to the other applicable
sewer rentals and charges and shall be assessed to each tributary
improved property on the basis of the number of EDUs connected during
each quarterly period.
A.
Residential and public use. A sewage capital contribution fee for sewer properties of a residential or public use (as identified in § 224-15 hereof) in an amount per EDU as shall be authorized from time to time by resolution of the Township, shall be due and payable by the owner of such property in accordance with the procedures provided in § 224-15.
B.
Commercial use.
(1)
A sewage capital contribution fee for each sewered property used for commercial use (as identified in § 224-15 hereof) in an amount per EDU as shall be authorized from time to time by resolution of the Township, shall be due and payable by the owner of such property in accordance with the procedure set forth in § 224-15.
(2)
A sewage capital contribution fee for each sewered property used for professional office use (as identified in § 224-15 hereof) in an amount per EDU as shall be authorized from time to time by resolution of the Township, shall be due and payable by the owner of such property in accordance with the procedure set forth in § 224-15.
C.
Industrial uses. A sewage capital contribution fee for sewered property used for industrial use (as identified in § 224-15 hereof) in an amount per EDU as shall be authorized from time to time by resolution of the Township, shall be due and payable by the owner in accordance with the procedure set forth in § 224-15.
D.
Conversion of existing structure/connection of property
formerly using on-site system.
(1)
A sewage capital contribution fee for each additional EDU added shall be due and payable by the owner of the property in accordance with the procedure set forth in § 224-15 in an amount per EDU as shall be authorized by this article or from time to time by resolution of the Township.
(2)
A sewage capital contribution fee for each EDU connected to the public system shall be due and payable by the owner in accordance with the procedure set forth in § 224-15 for any single unit residential structure formerly using an on-site sewage disposal system which connects to the public sewer system in an amount authorized from time to time by resolution of the Township.
E.
Subdivision and land developments.
(1)
Construction of extensions. In cases where a builder or developer desires to install sewer mains, laterals and building sewers to every housing unit within a housing development prior to their individual sale, the builder or developer shall meet all conditions as set forth in these sections and in other sections of this Article II. Plot plans for such a development must be submitted to the Township, which must include a provision for a maintenance security protecting the Township and the Authority against workmanship defects for 18 months subsequent to completion as approved by the Township Board of Commissioners, in an amount not less than 15% of the cost of installation, and must also include a conveyance to convey to the Authority the sewer mains and related facilities so constructed, other than building sewers, when the said sewer mains and related facilities are connected to the sewer system. The plans must be approved by the Township and the Authority prior to any construction. Sewer plans conforming to all original specifications established by the Authority as to type of pipe, location of mains, size of pipe, grades, methods of laying pipe and the type of construction of all necessary appurtenances must be prepared, approved by the Township and the Authority and approval obtained from the appropriate state agencies. The engineering fees and charges for permits will be paid by the builder or developer. In no case will lesser standards than exist in the sewer system presently and as outlined in this article be permitted for any future extensions. Upon approval of such plans by the Township, the Authority and the necessary state agencies, the extensions may be constructed by and at the expense of the builder or developer, but only under the inspection of the inspector designated by the Township and/or the Authority. The cost of such inspection, including salaries and expenses, shall be borne by the builder or developer making the extensions.
A.
Adjustments in number of EDUs. Upon request of the
Authority, each property owner shall submit to the Hatfield Township
Municipal Authority a statement of the number of EDUs used for each
sewered property owned by that person in Hatfield Township. In the
event of an increase in the number of EDUs used for a property, the
prevailing rental charges and sewage contribution fees shall be adjusted
in accordance with such increase. Failure to provide this statement
to the Authority shall be deemed a violation of this article and shall
further be deemed consent to allow a representative of the Authority
to enter the premises and inspection of documents related to use of
the property (including verifying employment records) for the purpose
of computing number of EDUs being used on the property. Failure to
provide the statement or failure to allow access to the property by
a representative of the Authority shall result in application of the
penalties set forth in this article. In the case of reduced flows,
no refund shall be made of capital contributions but the Authority
shall allow a reduction in rental charges beginning at such time that
adequate written proof of reduction is given to the Authority.
B.
Access to property. The Township and/or the Authority
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
the Township and/or the Authority through the sewer system.
C.
Nonliability of Township and Authority. The Township
and the Authority shall not be liable for a deficiency or failure
of service when occasioned by an emergency, required repairs or failure
from any cause beyond control. The Township and the Authority reserve
the right to restrict the use of sewer service whenever the public
welfare may require it.
D.
Notices to Township and Authority. Each owner must
give the Township and the Authority written notice of his address,
any change of address, any change of ownership and of the use or uses
of any improved property or any part thereof or any change in such
use or uses.
E.
Compliance. Except as expressly provided herein, compliance
with this article shall not relieve any person from the requirement
of complying with other ordinances, resolutions or specifications
of the Township or rules, resolutions or specifications and regulations
of the Authority including, but not limited to, the pretreatment ordinance;
the Subdivision and Land Development Ordinance;[1] and the Plumbing Code.[2]
F.
Rules and regulations. The authority is hereby authorized
to promulgate such rules and regulations as the Authority deems necessary
to effectuate the purpose and provisions of this article. Such rules
and regulations shall become effective, as provided by law after submission
to and approval by the Hatfield Township Board of Commissioners.
[Amended 9-28-1994 by Ord. No. 420]
A.
Violations and penalties. Violation of any of the
terms of this article shall constitute an offense and any person violating
the terms of this article shall be liable, upon conviction, to a fine
of not more than $1,000, together with the costs of prosecution or,
upon default in payment of the fine and costs, by imprisonment for
no more than 30 days. Where more than one provision of this article
has been violated, each such violation shall constitute a separate
offense, and where any violation shall continue from day to day, each
day that such violation shall continue shall constitute a separate
offense. In addition, the Township and/or the Authority shall be entitled
to file an action for civil remedies for all costs associated with
correcting a violation including all costs of enforcing this article
and attorneys fees. The Township and/or Authority shall also be entitled
to the remedy of municipal liens for unpaid costs, charges, rentals
and fees. The Township/Authority may seek injunctive relief as it
deems necessary in the enforcement of this article. These remedies
shall be in addition to any available at law or in equity.
B.
Additional violations. In addition to the penalties
provided by law for criminal mischief under § 3304 of the
Pennsylvania Crimes Code,[1] as amended, any person who intentionally, recklessly or by criminal negligence damages, destroys or tampers with any equipment, structure or other property of the sewer system or treatment plant or who opens or tampers with any manhole or metering facilities shall be guilty of a violation of this article and shall be subject to the penalty provided in Subsection A hereof.
[1]
Editor's Note: See 18 Pa.C.S.A. § 3304.
C.
Disposition of fines and penalties. Except as may
be provided by other law, all fines and penalties collected for violation
of this article shall be paid into the Authority and used, together
with other funds, for the purpose of operating, maintaining and replacing
the sewer system.
