[HISTORY: Adopted by the Borough Council
of the Borough of East Stroudsburg 5-18-1982 by Ord. No. 790, approved
5-18-1982. Amendments noted where applicable.]
[Amended 11-19-1985 by Ord. No. 837, approved
11-19-1985]
A.
Rentals or rates for all users connected to the sanitary
sewer system of the Borough of East Stroudsburg.
(1)
All persons, firms or corporations owning property
connected to, or to be connected to, the sanitary sewer system shall
pay a quarterly rental fee based on the quantity of water used, as
evidenced by meter readings of water meters installed and maintained
by the Borough for the purpose of measuring water purchased from the
Borough and/or such other measuring devices as may be installed pursuant
to the Borough's ordinances, rules or regulations and subject to the
minimum charges hereinafter provided, which are as follows:
[Amended 5-17-1988 by Ord. No. 886, approved
5-17-1988; 2-21-2006 by Ord. No. 1175, approved 2-21-2006]
Quantity
(kiloliters)
|
Quarterly Rate
| ||
---|---|---|---|
0 to 40
|
$50.00 (minimum)
| ||
Over 40
|
$0.65 per kiloliter
|
(2)
The quantity recorded by the water meter or other
measuring device shall be conclusive on both the user and the Borough,
except when the meter or measuring device has been found to be registering
inaccurately or has ceased to register. In such case, the quantity
may be determined by the average registration of the meter when in
order.
B.
Each connection to the sanitary sewer system shall
be installed subject to a quarterly minimum of $50.
[Amended 5-17-1988 by Ord. No. 886, approved
5-17-1988]
C.
No vacancy credit shall be permitted except when water
is shut off at the curb stop or a physical disconnection of the sewer
lateral is made at the curbline.
D.
The consumer shall pay the minimum charge only when
the amount resulting by applying the meter rates to the amount of
sewage dumped into the sanitary system is less than said minimum charge.
When the amount resulting from application of the meter rates is greater
than said minimum charge, then such amount shall constitute the bill
for the service rendered.
E.
When sanitary sewer service is provided through one sanitary sewer lateral to an apartment house, group of house trailers or to any building having more than one unit, each trailer, store, apartment, office, shop, manufacturing establishment or other similar use being hereby designated as a unit, each such unit shall be subject to the same charge as would be applied if separate connections had been made to each unit. In those instances in which separate connections do not exist, the minimum rate applicable shall be determined by multiplying the quarterly minimum by the total number of units contained in the building or located on the lot it services. All excess kiloliters shall be at the rate set in Subsection A above.
F.
The Borough, through its Water or Sewer Department,
will determine the location for all meters and measuring devices.
A.
Quarterly; per diem.
[Amended 8-3-1993 by Ord. No. 999, approved
8-3-1993]
(1)
Quarterly. All bills for sanitary sewer service will
be rendered quarterly. The sewer rental shall be determined by meter
registration or by estimated bills. All sewer rentals shall be determined
by meter registration unless the meter has been found to be registering
inaccurately or has failed to register, in which case a bill will
be rendered based on previous average consumption for a similar period
when the meter was in order, giving proper consideration to any change
in facilities or practices that may have occurred, or by such other
fair and reasonable method as shall be based on the best information
available.
(2)
Per diem. Where new connections occur between quarterly
billing periods or where existing customers give proper notice to
the Borough Offices of shutting water off or turning water on (at
the curb stop), the Borough shall calculate the bill on a "per diem"
(daily) basis. The calculation shall be based on the minimum quarterly
sewer charge divided by the number of days in that billing period.
This shall be the "per diem" rate.
B.
In cases of excessive meter registration, no adjustment
will be made of bills rendered prior to the billing period in which
complaint was made or of bills of a previous consumer, whether tenant
or owner.
C.
Bills are due and payable upon presentation. The net
bill will be allowed for a period of 15 days, after which the gross
bill shall become due. The gross bill is the net bill plus a ten-percent
penalty.
D.
Water service may be discontinued to any consumer
who allows a bill for sewer service to remain unpaid for longer than
3 1/2 months following the gross due date. In the event that water
service is discontinued due to nonpayment of bills, all delinquent
and current bills, plus any additional service charge as may be determined
by Borough Council, must be paid before sewer service will be resumed.
(1)
Where a consumer does not have Borough water service,
the sewer service may be discontinued by either the physical plugging
or disconnection of the service lateral. Prior to reconnecting the
service, all bills shall be paid in full, including the cost of the
disconnection/plugging and the cost of reconnecting the service lateral
to the Borough's collection system.
[Added 4-21-1992 by Ord. No. 970, approved
4-21-1992]
E.
At the option of the Borough, unpaid bills for sewer
service may be collected in such manner as other municipal claims
are collectible.
F.
Failure to receive a bill shall not exempt any consumer
from his obligation to pay. The presentation of a bill to the customer
is only a matter of accommodation and not a waiver of this rule.
G.
Users may discharge sewage allowed by their minimum
quarterly rate at any time during the quarterly billing period, but
failure to discharge their full allowance in any one billing period
shall not entitle them to any rebate or allowance to discharge an
excess in any other quarterly billing period.
H.
When the premises are vacated, the consumer must give
notice at the office of the Borough of East Stroudsburg so that the
water may be turned off, and he will be responsible for all charges
for sewer service until such notice is given.
I.
Any consumer, upon receipt of a bill, having reason
to doubt its accuracy, shall bring or mail said bill, within 10 days,
to the Borough Municipal Building, and such bill shall be promptly
investigated by proper personnel.
A.
The Borough Council or its duly authorized representative
reserves the right at all times, after due notice, to shut off the
water for nonpayment of sewer bills or for neglect or refusal to comply
with these rules and regulations and to assess such charges as may
be determined by the Borough Council for the resumption of service.
(1)
Where a consumer does not have Borough water service,
the water service may be discontinued by either the physical plugging
or disconnection of the service lateral. Prior to reconnecting the
service, all bills shall be paid in full, including the cost of the
disconnection/plugging and the cost of reconnecting the service lateral
to the Borough's collection system.
[Added 4-21-1992 by Ord. No. 970, approved
4-21-1992]
B.
Service under an application may be discontinued for
any of the following reasons:
(1)
Misrepresentation in the application as to property
or fixtures to be supplied or the use to be made of the water supply.
(2)
Use of water for any property or purposes other than
described in the application.
(3)
Waste of water through improper or imperfect pipes,
fixtures or otherwise.
(4)
Failure to maintain in good order, connections, service
lines or fixtures beyond the curb and owned by the applicant.
(5)
Molesting any service pipe, meter, curb stop or seal
or any appurtenance of the sewer system of the Borough of East Stroudsburg.
(6)
Vacancy of the premises.
(7)
Violation of any rules of the Borough of East Stroudsburg.
(8)
Failure to make payments of any charges against the
property.
(9)
Refusal of access to property for purposes of inspecting,
reading, caring for or removing meters.
C.
Where any residential building is occupied by any
tenant, the Borough shall follow the procedure set forth in the Utility
Service Tenants Rights Act, 68 P.A. Section 399.1, prior to the discontinuation
of water service to such residence. Notice shall be given to the landlord
and tenant(s) in accordance with said Act. The tenant(s) shall have
the right to cure such action upon receiving notice of discontinuance
of water service in accordance with the Act; specifically, the tenant
may pay an amount to the Borough equal to the sewer bill for the thirty-day
period preceding notice to the tenant(s). In such case, the Borough
may continue billing for sewer service and giving notice every 30
days thereafter if delinquency in payment of sewer bills continues.
D.
The Borough
Council, or its duly authorized representative, shall have the right
to turn off water service to a property or to part of the Borough
water distribution system without notice in case of a waterline break,
or for the purpose of making necessary repairs or connections to the
water system, or for other unavoidable causes. Reasonable notice will
be given when practicable. In no case shall the Borough be liable
to any water customer for any damages or inconvenience suffered by
any water customer therefrom.
[Amended 9-7-2010 by Ord. No. 1234, approved 9-7-2010]
A.
At the written request of an owner or a consumer,
the Borough will make a test of the accuracy of the meter or measuring
device, and if desired, it shall be made in his presence or that of
his authorized representatives.
B.
A deposit of $25 will be required before the meter
is tested, which sum will be returned if the meter is found not to
be registering in accordance with the American Water Works Association
Standard C700-77 or C701-78; otherwise, the deposit will be retained
by the Borough to cover the cost of the test.
C.
The Borough reserves the right to test at any reasonable
time any meter if deemed necessary.
A.
The Borough shall not be liable for any damage resulting
from leaks, broken pipes or from any other cause occurring to or within
any house or building, and it is expressly agreed that no claims shall
be made against the Borough for damage caused by the bursting or breaking
of any main or service pipe or of any attachment thereto.
B.
All water passing through a meter shall be charged
for at the regular rate, and no allowance will be made for excessive
consumption due to leaks or waste.
[Amended 1-6-1986 by Ord. No. 839, approved
1-6-1986; 11-15-1988 by Ord. No. 903, approved
11-15-1988; 7-2-1991 by Ord. No. 955, approved
7-2-1991]
A.
Connection fees.
(1)
Upon issuance of a building permit, a connection fee
of $200 shall be due and payable to the Borough of East Stroudsburg
for each connection to the Borough's sanitary sewage collection system.
Upon completion of the connection, a written bill will be presented
to the property owner (less the two-hundred-dollar downpayment) for
the actual costs of the connection, which will include labor and material
costs, equipment costs, inspection costs and road permit and repair
costs, if applicable.
(2)
This fee may he changed from time to time through
a resolution of Council.
(3)
The cost of the connection fee must be paid in full
prior to the Borough allowing the use of the sewer connection. This
will be accomplished by turning the water on to the property once
the fee is paid in full.
B.
Equivalent dwelling unit; tapping fees.
[Amended 6-30-2005]
(1)
The design capacity for a residential customer of
the Borough sanitary sewer system is 217.8 gallons per day (gpd) per
equivalent dwelling unit (EDU) calculated at 90 gallons per capita
per day times 2.42, the average number of persons per household in
the Borough according to 2000 year census data, in accordance with
the provisions of Act 57. The EDUs for commercial and industrial
customers shall be calculated by the customer’s daily wastewater
flow usage divided by 217.8 gpd.
(2)
Components; total costs per EDU.
(a)
The sewerage tapping fee is composed of the
following three components as calculated in the Sewerage System Capital
Charges Study:[1]
[1]
Capacity Part (treatment facilities); $2,425
per EDU.
[2]
Collection Part (collection facilities): $1,104
per EDU.
[3]
Special Purpose Part: $0 per EDU.
[4]
Reimbursement Part: $0 per EDU.
[1]
Editor's Note: Said Study, prepared by Glace
Associates, Inc., and dated April 2005, is on file in the Borough
offices.
(b)
The total sewerage tapping fee shall be $3,529
per EDU.
(3)
These fees can change from time to time based on new
engineering calculations and approved through a resolution of Council.
(4)
This fee is due and payable upon issuance of a building permit. No connection to the sewer system shall be allowed until this fee is paid in full, per the procedure found in § 126-6A(3).
(5)
If it is determined by the Borough that the minimum
tapping fee would not apply to a particular use (commercial, industrial
or multifamily) requesting connection to the system, a discharge shall
be estimated by the Borough Engineer using standard engineering data
and procedures. Within one year following the date of connection,
the Borough shall make an analysis of actual quarterly discharges,
and the Borough shall thereafter adjust the connection fee previously
collected either upward or downward based on the quarterly discharge.
(6)
In those cases where an owner of a property is demolishing existing structures due to fire or redevelopment of that property, the owner shall be given credits equal to the existing tapping fee (EDU) usage. If the reconstruction or redevelopment of the property results in a use exceeding the prior tapping fee (EDU) usage then the owner shall pay the difference in tapping fee (EDU) charges. In those cases where a change in use, addition or expansion of use results in additional tapping fee (EDU) usage, additional charges shall be based upon the additional usage (EDU's) and assessed to the owner. In no case shall credits be given for any excess EDU's which may result due to the reconstruction or redevelopment of a site and in no case shall EDU's be transferable from the original property to another property. Any additional fees shall be charged in full per § 126-6B(1) through (5).
[Added 3-7-1995 by Ord. No. 1031, approved
3-7-1995]
C.
The customer shall be responsible for the maintenance
and repair of the service line from the main to and including the
customer's premises.
D.
Service lines will not be installed when the service
line passes over or through premises which at the time may be the
property of persons other than the owner of the premises to be supplied,
unless the owner of the premises supplied assumes all liability and
furnishes a right-of-way agreement in a form satisfactory to the Council
or its duly authorized representative.
E.
All breaks or blockages in the sewer lateral must
be repaired promptly by the property owner. The service lateral installed
by the consumer shall not be less in size and quality than prescribed
by the Borough and shall be laid not less than the required depth
below the surface as specified by the Borough and shall not be covered
until the lateral is inspected by the Borough. If any defects in workmanship
or material are found, water service shall not be turned on until
such defects are remedied. All plumbing connections shall be installed
in accordance with the BOCA Plumbing Code in force at the time of
installation of the service line.[2]
F.
No service line shall be laid in the same trench with
a water or gas service connection.
G.
The service line from the main to the premises shall
be kept in good condition by the consumer under penalty of discontinuance
of water service by the Borough.
H.
The Borough reserves the right to inspect the plumbing
on any premises and, if it shall be found not in conformity with the
rules of the Borough, to refuse water service until the objectionable
or improper work is corrected.
I.
All abandoned sanitary sewer laterals shall be immediately
disconnected at the curbline and properly blocked by the property
owner to prevent water infiltration into the system, at his own expense,
and he shall be liable for all damages that may arise by reason of
any abandoned service lateral remaining attached to the sanitary sewer
main in front of his property or wherever the same may be.
J.
The Borough, through its Sewer Department, will determine
the location for all meters and measuring devices.
A.
No person shall discharge or deposit any of the following
waste materials into the Borough sanitary sewer systems:
(1)
Any liquid or vapor having a temperature higher than
150º F.
(2)
Any water or waste which may contain more than 100
parts per million, by weight, of fat, oil or grease, exclusive of
soap.
(3)
Any flammable or explosive liquid, solid or gas, including
but not limited to gasoline, benzene, naphtha and fuel oil.
(4)
Any garbage that has not been properly shredded.
(5)
Any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, paunch manure or other
solid or viscous substances capable of causing obstruction to the
flow in sewers or other interference with the proper operation of
the sewage works.
(6)
Any waters or wastes having a stabilized pH lower
than 6.5 or higher than nine or having any other corrosive property
capable of causing damage or hazard to structures, equipment and personnel
of the sewer works.
(7)
Any waters or wastes having a biochemical oxygen demand
in excess of 1,000 parts per million [milligrams per liter (mg/l)].
(8)
Any waters or wastes containing more than 1,000 parts
per million by weight of suspended solids.
(9)
Any concentration of chloride higher than 250 parts
per million.
(10)
Any waters or wastes having an objectionable
color which is not removable in the existing sewage treatment plant
processes.
(11)
Any waters or wastes containing a toxic or poisonous
substance, including but not limited to materials identified as toxic
by the United States Environmental Protection Agency, in sufficient
quantity to injure or interfere with any sewage treatment process
or to constitute a hazard to humans or animals or to create any hazard
in the receiving stream at the sewage treatment plant.
(12)
Any waters or wastes containing suspended solids
of such character and quantity that unusual attention or expense is
required to handle such materials at the sewage treatment plant.
(13)
Any noxious or malodorous gas or substance capable
of creating a public nuisance.
(14)
Stormwater and drainage.
B.
Regulations governing the admission of industrial
and commercial waste into the sewage system of the Borough of East
Stroudsburg shall be bound by the regulations set forth in Ordinance
No. 966, approved by the Borough Council on March 17, 1992, and referred
to as the "Pretreatment Ordinance." Due to the complexity and length
of said ordinance, the full text of the ordinance referred to herein
is incorporated by reference and made part of the Code of the Borough
of East Stroudsburg, with said ordinance being available to the general
public and industrial or commercial users upon request. Copies are
also available with the Borough Secretary of East Stroudsburg for
use and inspection by the general public and industrial or commercial
users.[1]
[Amended 3-17-1992 by Ord. No. 966, approved
3-17-1992]
[1]
Editor's Note: A copy of the full text of
said Ord. No. 966, as amended, may be examined at the office of the
Secretary, Municipal Building, Analomink Street, Borough of East Stroudsburg,
Pennsylvania, between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday.
The passage of this chapter and the repeal by
it of any prior enabling ordinances relating to sewer service in the
Borough of East Stroudsburg or its environs shall not invalidate any
actions taken under such prior ordinances. This chapter, in such respect,
shall be deemed a continuation and codification of such prior enabling
ordinances.
[Added 10-3-1989 by Ord. No. 921, approved
10-3-1989; amended 11-3-1992 by Ord. No. 924, approved
11-3-1992]
A.
Any person who shall fail to comply with any of the provisions of this chapter, excluding those requirements of § 126-7B (industrial pretreatment regulations), shall be guilty of a summary offense and, upon conviction thereof, shall be punishable by a fine of not more than $600 or by imprisonment for not more than 30 days, or both.