[Adopted 4-21-1958 by Ord. No. 120]
[Amended 2-17-1977 by Ord. No. 322]
As used in this article, the following terms
shall have the meanings indicated:
The Federal Water Pollution Control Act Amendments of 1972
(P.L. 92-500).
The quantity of oxygen, expressed in milligrams per liter
(mg/l), utilized in the biochemical oxidation of organic matter under
standard laboratory procedure for five days at 20° C. The standard
laboratory procedure shall be that found in the latest edition of
Standard Methods for the Examination of Water and Wastewater.
Any structure intended to be used wholly or in part for the
purposes of carrying on a trade, business or profession or for social,
amusement, religious, educational, charitable or public uses.
Biochemical oxygen demand, suspended solids, pH and fecal
coliform bacteria, plus additional pollutants identified in the National
Pollutant Discharge Elimination System permit if the publicly owned
treatment works was designed to treat such pollutants and in fact
does remove such pollutants to a substantial degree. Examples of such
additional pollutants may include chemical oxygen demand; total organic
carbon; phosphorus and phosphorus compounds, nitrogen and nitrogen
compounds; and fats, oils and greases of animal or vegetable origin,
except as prohibited under this article.
[Added 12-10-1987 by Ord. No.
552; amended 7-26-1990 by Ord. No. 602]:
RESIDENTIAL EDUOne family unit.
NONRESIDENTIAL EDUThree hundred fifty gallons of anticipated usage per day.
Those bacteria that originate in warm-blooded animals and
form colonies on enriched lactose medium when incubated at 44.5°
Centigrade.
Any pollutant that is not a compatible pollutant, as defined.
Any structure intended to be used wholly or in part for the
manufacturing, fabricating, processing, cleaning, laundering or assembly
of any product, commodity or article.
Any solid, liquid or gaseous substance or waterborne wastes
or form of energy rejected or escaping from any industrial, manufacturing,
trade or business process or from the development, recovery or processing
of natural resources, as distinct from sanitary sewage.
Any industry having any one of the following attributes:
A flow of sanitary sewage 50,000 gallons or
more per average workday.
A flow discharge greater than 5% of the flow
carried by the municipal system receiving the waste.
In its waste, a toxic pollutant in toxic amounts
as defined in standards issued under § 307(a) of the Act.
Significant impact, either singly or in combination
with other contributing industries, on the treatment works or the
quality of its effluent.
The logarithm of the reciprocal of the hydrogen-ion concentration
expressed in moles per liter and indicates the degree of acidity or
alkalinity of a substance.
Parts per million.
Any structure intended to be occupied as a whole by one family
or an apartment intended to be occupied by one family or any other
one-family living unit.
The plan area of a property measured in acres (ac.).
[Added 4-25-1985 by Ord. No. 515]
The number of EDUs per property existing or possible as per
the zoning requirements in effect as of the date of any assessment,
whichever is greater.
[Added 7-26-1990 by Ord. No. 602]
That portion of a property that abuts a public or private
street right-of-way, measured in feet. In the case of a corner property
fronting at the intersection of two or more public or private street
rights-of-way, the measurement shall be made along the property's
longest frontage only, plus 1/2 the corner arc distance, if applicable.
[Added 4-25-1985 by Ord. No. 515; amended 5-22-1986 by Ord. No.
533]
A construction project duly authorized, advertised, bid and
awarded by the Whitemarsh Township Board of Supervisors for the installation
of a sanitary sewage collection system and necessary appurtenances,
including but not limited to site preparation, gravity collection
mains and laterals, force mains, manholes, pump stations and site
restoration.
[Added 4-25-1985 by Ord. No. 515]
The normal water-carried household and toilet wastes from
residences, business buildings, institutions and commercial and industrial
establishments.
Any person who may, from time to time, be placed in general
charge of the sewer system.
All facilities operated by the Township for the collection
and disposal of sanitary sewage and acceptable industrial wastes in
and for Sewer Districts No. 1 and 1B in the Township.
[Amended 5-11-1978 by Ord. No. 345]
Any discharge of water, sewage or waste exceeding a concentration
or flow greater than three times that of the average twenty-four-hour
discharge from a user, which is discharged continuously for a period
longer than 15 minutes.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquid and which are removable by laboratory
filtration.
Total acreage of the properties to be served by the sewer
project.
[Added 4-25-1985 by Ord. No. 515]
Total number of EDUs of the properties to be served by the
sewer project.
[Added 7-26-1990 by Ord. No. 602]
Total frontage of the properties to be served by the sewer
project (feet).
[Added 4-25-1985 by Ord. No. 515]
Any and all costs associated with a sanitary sewer project,
including but not limited to engineering costs, legal fees, permit
fees and installation costs as delineated in the "sanitary sewer project"
definition.
[Added 4-25-1985 by Ord. No. 515]
The Township of Whitemarsh, Montgomery County, Pennsylvania.
Any poisonous substance.
The quantity of water used by an establishment, as evidenced
by readings of such company's water meter.
[Added 10-19-1978 by Ord. No. 350]
[Amended 11-6-1975 by Ord. No. 304; 4-14-1983 by Ord. No.
465; 4-25-1985 by Ord. No. 515]
A.Â
A connection fee of $500 per ownership unit, rental
unit or equivalent dwelling unit (EDU) is hereby imposed upon each
property owner within the Township connecting to the sewer system.
[Amended 12-10-1987 by Ord. No. 552]
B.Â
Assessment for sewer or drain construction upon each
owner of property within the Township shall be assessed upon the property
accommodated or benefited, pursuant to a resolution of the Board of
Supervisors assessing property owners in equal shares or in accordance
with the following formula:
[Amended 7-26-1990 by Ord. No. 602; 7-25-2002 by Ord. No.
759]
 |
[Amended 10-19-1978 by Ord. No. 350; 10-28-2010 by Ord. No.
900]
There is hereby imposed upon each dwelling unit
or nonresidential establishment in the Township located in either
of Sewer Districts No. 1, 1A, 1B or 2 and served by public sewers
a sewer rental at the rate and upon the conditions established from
time to time by resolution of the Board of Directors of Whitemarsh
Township Authority pursuant to the Municipality Authorities Act.[1]
[1]
Editor’s Note: See 53 Pa.C.S.A. § 5601 et
seq.
[1]
Editor’s Note: Former § 95-13, Residential rates,
last amended 3-8-2007 by Ord. No. 831, and former § 95-14, Nonresidential
rates, last amended 3-8-2007 by Ord. No. 831, were repealed 10-28-2010
by Ord. No. 900.
[Amended 2-17-1977 by Ord. No. 322]
A.Â
The Township reserves the right to refuse connection
to the sewer system or to compel discontinuance of use of a sewer
or to compel pretreatment of industrial waste by an industrial establishment
in order to prevent discharge to the sewer deemed to be harmful to
the sewage collection system or sewage treatment plant or to have
a deleterious effect on the sewage treatment or sludge handling processes.
B.Â
Where required to satisfy the pretreatment requirements established under the Act, the industry shall provide, at the industry's expense, such pretreatment as may be necessary to reduce BOD to 200 ppm and suspended solids to 200 ppm; modify the objectionable characteristics or constituents to come within the maximum limits provided for in § 95-16; and control the quantities and rates of discharge of such waters or wastes over a twenty-four-hour day and a seven-day week. Plans, specifications and any other pertinent information relating to proposed pretreatment facilities are to be submitted for the approval of the Township, and no construction of such facilities shall be commenced until approval is obtained in writing.
[Amended 2-17-1977 by Ord. No. 322]
Except as hereinafter provided, no person shall
discharge or cause to be discharged any of the following described
wastes or waters to any public sewer:
A.Â
Any liquid or vapor having a temperature higher than
150° F.
B.Â
Any water or waste containing more than 100 milligrams
per liter by weight of fats, oils or greases of animal origin.
C.Â
Any liquids, solids or gases which by reason of their
nature or quality may cause fire or explosion or have a substantial
likelihood of being injurious to any person or to any property, including
the sewage treatment facility and the sewer system or to the operation
of these works.
D.Â
Any noxious or malodorous gas or substance which,
either singly or by interaction with other wastes, is capable of creating
a public nuisance or hazard to life or preventing entry into the sewer
system, including the sewage treatment facilities, for their maintenance
and repair.
E.Â
Any garbage or waste that has not been screened, comminuted
or shredded.
F.Â
Any ashes, cinders, sand, mud, straw, shavings, metal,
glass, bones, feathers, tires, plastic, wood, paunch manure, butchers'
offal or any other solids or viscous substances capable of causing
obstruction to the flow in sewers or other interference with the proper
operation of the sewer system or the sewage treatment facilities.
G.Â
Any sewage, water or waste having a pH lower than
6.0 or higher than 9.0, having any corrosive property capable of causing
damage or hazards to structures, equipment or personnel of the sewer
system, including the sewage treatment facilities.
H.Â
Any sewage, water or waste containing any toxic substances
in quantities sufficient to interfere with the biochemical processes
of the sewage treatment facilities or that will pass through the sewage
treatment facilities and exceed the requirements or limitations of
any governmental agency having jurisdiction, either for the receiving
stream or body of water, or otherwise.
I.Â
Any radioactive isotopes.
J.Â
Any of the following materials which inhibit biological
treatment processes, in quantities greater than the stated concentrations
as measured at the point of discharge into the sewer system:
[Amended 3-19-1992 by Ord. No. 632]
|
Pollutant
|
Concentration
(mg/l)
| |
|
Copper
|
0.3
| |
|
Zinc
|
0.3
| |
|
Chromium (hexavalent)
|
2.0
| |
|
Chromium (trivalent)
|
2.0
| |
|
Total chromium
|
5.0
| |
|
Nickel
|
1.0
| |
|
Lead
|
0.1
| |
|
Boron
|
1.0
| |
|
Cadmium
|
0.01
| |
|
Silver
|
0.03
| |
|
Vanadium
|
10.0
| |
|
Arsenic
|
1.0
| |
|
Cyanides
|
None
| |
|
Sulfide
|
50.0
| |
|
Sulfate
|
750.0
| |
|
Ammonia nitrogen
|
40.0
| |
|
Sodium chloride
|
750.0
| |
|
Chloroform
|
10.0
| |
|
Free oil (petroleum origin)
|
50.0
| |
|
Chlorinated organic compounds
|
5.0
|
K.Â
Any other toxic substance that will pass through the
sewer system into the sewage treatment facility and exceed state or
federal requirements at any time applicable either for the receiving
stream or body of water or otherwise.
A.Â
Methods of measuring volume.
(1)Â
Whenever a person purchasing all water used from the
water company discharges sanitary sewage and/or industrial waste into
the sewage system, the volume of water used, as determined from meter
readings of the Township, shall be used in computing the sewer rentals.
(2)Â
In cases where persons have sources of water supply
in addition to or other than from the water company and discharge
sanitary sewage and/or industrial waste into the sewer system, those
persons shall provide 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)Â
In cases where persons use 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:
(a)Â
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)Â
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)Â
Method No. 3: When in the opinion of the Sewer
Manager it is not practical to install measuring devices to continuously
determine the quantity of water not discharged to 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 of the quantity measured
by the water meter or meters. After notice of the estimate, any dispute
as to the estimated amount shall be submitted to the Township Supervisors,
whose decision on the matter shall be final for the current calendar
year.
B.Â
Measuring devices. All meters or measuring devices
not provided by the water company but required to be used under the
provisions of this article shall be furnished and installed by the
Township at the expense of the property owner and shall be owned by
and under the control of the Township and may be tested, inspected
or repaired by Township employees whenever deemed necessary. The owner
of the property upon which such measuring device is 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 installation 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 their
due date, shall constitute a lien upon the property upon which such
measuring device is installed.
C.Â
Meter reading. The Township shall be responsible for
the reading of all meters or measuring devices, and they shall be
made available to Township employees for meter reading at any reasonable
time.
D.Â
Testing. Samples of industrial wastewater may be tested
as often as desired or as deemed necessary but shall be taken at least
quarterly. Samples shall be taken at each point of discharge of industrial
wastewater to Township sewers. Where deemed necessary by the Township
in the reasonable exercise of its discretion, manholes shall be installed
by an industrial user to facilitate sampling by Township personnel.
The results of four quarterly twenty-four-hour composite samples shall
be averaged to determine the annual sewer rent or charge. The costs
of collecting the samples, as differentiated from the costs of testing,
shall be a part of the annual operating expenses. The Township shall
have the right to charge industrial dischargers for the reasonable
cost of testing required to ensure compliance with the provisions
set forth herein. The Township or industry may have a qualified, independent
third party perform additional tests of wastewater at any time. The
costs of such additional tests performed shall be borne by the party
requesting such additional tests. In addition, any person discharging
industrial wastes into the sewer system shall construct and maintain
a suitable control manhole or manholes, downstream from any treatment,
storage or other approved works, to facilitate observation, measurement
and sampling of all discharged wastes, including domestic sewage,
by Township personnel. The control manhole or manholes shall be constructed
at suitable and satisfactory locations and shall be built in a manner
approved by the Township and shall be equipped with permanent-type
volume-measuring devices of a type approved by the Township. Manholes
shall be installed by the person discharging the waste, at his expense,
and shall be maintained by him so as to be safe, accessible and in
proper operating condition at all times. Plans for the construction
of the control manhole or manholes and all included devices shall
be approved by the Township prior to the beginning of construction.
[Added 2-17-1977 by Ord. No. 322]
If use or classification of any property should
change within any quarter, the difference in sewer rental, prorated
on a monthly basis to the nearest calendar month, will be charged
or credited, as the case may be, on the bill for the succeeding quarter.
Additional classifications and additional sewer rentals may be established
by the Township from time to time.
[Amended 4-28-1977 by Ord. No. 323; 3-19-1998 by Ord. No.
705; 4-8-2010 by Ord. No. 894]
A.Â
The above
connection fee shall be payable upon application for permit to make
such connection.
B.Â
Sewer rentals
or charges for single-family and multifamily private dwellings shall
be due and payable in advance. Bills shall be rendered by the Whitemarsh
Township Authority, semiannually, on or about the first day of April
for the following six months and on or about the first day of October
for the following six months.
C.Â
Sewer rentals
or charges for nonresidential establishments shall be due and payable
in advance. Bills shall be rendered by the Whitemarsh Township Authority,
semiannually, on or about the first day of April for the following
six months and on or about the first day of October for the following
six months.
[Amended 3-18-1982 by Ord. No. 425; 2-14-1985 by Ord. No.
507]
A.Â
Penalties and interest.
[Amended 3-19-1998 by Ord. No. 705]
(1)Â
For single-family and multifamily private dwellings,
any property owner making payment after the first day of June following
the preceding April billing shall pay, in addition to the net amount
of said bill, a penalty of 10% computed on the net amount due, plus
interest, imposed and calculated at a rate of 12% per annum computed
from the first day of June to the date of payment.
(2)Â
For nonresidential establishments, any property owner
making payment after the first day of December following the preceding
October billing or the first day of June following the preceding April
billing shall pay, in addition to the net amount of said bill, a penalty
of 10% computed on the net amount due, plus interest, imposed and
calculated at a rate of 12% per annum, computed from the first day
of December for October billings and the first day of June for April
billings to the date of payment.
B.Â
Any property owner who fails to pay its sewer bill
is subject to shutoff of its water service pursuant to an agreement
between Whitemarsh Township and the public utility providing the water
service as approved by the Pennsylvania Public Utility Commission.
In the event of a shutoff, the delinquent property owner shall also
be charged all costs and expenses incurred by the Township to effectuate
the shutoff.
C.Â
All persons owning property connected to the water
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 during which bills are payable at face. All
sewer rentals, together with all penalties thereon, including interest
and shutoff costs/expenses, not paid on or before the end of one year
from the due date shall be a lien on the property served and shall
be filed against the property in the office of the Prothonotary of
Montgomery County and shall be collected in the manner provided by
law for the filing and collection of such liens.
D.Â
After the amount of connection charges and/or assessments charged upon the several properties has been established, the property owners shall be billed. The amounts of all connection charges and/or assessments shall be payable to the Township Treasurer for the use of the sewer district or districts of the Township, as the case may be, in which they are assessed. If any such assessment is not paid within 60 days after the mailing of a bill therefor, there shall be a lien on the property served, for the amount of the assessment plus interest and penalties in accordance with Subsection A of this section and shall be filed against the property in the office of the Prothonotary of Montgomery County and shall be collected in the manner provided by law for the filing and collection of such liens or in any other manner permitted by law.
[Added 4-25-1985 by Ord. No. 515]
E.Â
Method of recovery: connection charges, assessment
charges and/or sewer rents. All connection charges, assessments and/or
sewer rents payable under this article shall be recoverable by the
Township Manager, Township Finance Director or Township Solicitor
as other debts due the Township are now by law recoverable. Where
legal action is brought for the recovery of any connection charge,
assessment and/or sewer rent, the property owner thereafter shall,
in addition, be responsible and liable for collection costs, including
but not limited to attorney's fees, filing fees and any other expenses
incurred.
[Added 8-15-1991 by Ord. No. 626]
The funds received by the Township from the
collection of the connection charges and from sewer rentals and all
penalties thereon, as herein provided for, and any fines collected
by the Township in connection with the sewer system shall be segregated
and kept separate and apart from all other funds of the Township and
shall be used only for the purpose of defraying the expenses of the
Township in the operation, maintenance, repair, alteration, inspection,
depreciation or other expenses in relation to such sewer system and
for such payments as the Township may be required to make under any
lease or agreement it 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 Township reserves the right to, and may
from time to time, adopt, revise, amend and readopt such rules and
regulations as it deems necessary and proper for the use and operation
of the sewer system, and all such rules and regulations shall be and
become a part of this article.
