[Ord. 1840, 12/9/1996, § 301; as amended by Ord.
1844, 1/13/1997, § 1; and by Ord. 1846, 2/10/1997, § 1]
1.
There is hereby imposed upon each property located within the Borough
limits served by the POTW and having the use thereof a quarterly sanitary
sewer rent, payable as hereinafter provided for the use, whether direct
or indirect, of the POTW, based on such rates and in accordance with
such classification as hereinafter, from time to time, established
by resolution and/or ordinance of the Borough Council.
2.
All sanitary sewer rentals and charges shall be rendered quarterly
of each year for the prior three months. Bills remaining unpaid after
the due date of the statement will be charged additional interest
and penalty as set forth in § 304, Penalty for Late Payment
(below). Payments received on or prior to the last date of the specified
period will be deemed to be payment of the bill within the particular
period. All bills will be the responsibility of the owner. The consumer
or occupant of a single metered property may be billed as a matter
of convenience, but the owner is responsible for payment for all charges.
3.
No sanitary wastewater or industrial waste shall be received into
the POTW from sources outside the Borough limits except upon payment
therefor as may be satisfactory to Council.
4.
It is the purpose of this section to provide for the recovery of
costs from users and industrial users of the Borough's POTW for the
implementation of the program established herein. The applicable charges
or fees shall be set forth in the Borough's schedule of charges and
fees. The Borough may adopt charges and fees which may include:
A.
Fees for reimbursement of costs of establishing and operating the
Borough's pretreatment program.
B.
Fees for monitoring, inspections and surveillance procedures including,
but not limited to, any and all engineering, legal, administrative,
insurance and testing costs and expenses.
C.
Fees for reviewing accidental discharge procedures and construction.
D.
Fees for permit applications.
E.
Fees for filing appeals.
F.
Fees for consistent removal by the Borough of pollutants otherwise
subject to Federal pretreatment standards.
G.
Other fees the Borough may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters covered
by this chapter and are separate from all other fees.
[Ord. 1840, 12/9/1996, § 302; as amended by Ord.
1844, 1/13/1997, § 2; by Ord. 1877, 12/30/1998, § 1;
by Ord. 1892, 8/9/1999, § 1; by Ord. 1910, 12/19/2000; by
Ord. 1957, 12/17/2002, § 1; by Res. 2002-41, 11/13/2002;
by Ord. 1959, 4/14/2003, § 1; by Ord. 1973, 12/29/2003, § 1;
by Ord. 1987, 12/29/2004, § 1; and by Ord. 2049, 12/26/2007]
1.
All sanitary sewer rates and fees associated with the operation of
the wastewater treatment plant shall be as follows and shall be modified
by a schedule of fees enacted by a resolution and/or ordinance adopted
by the Borough Council:
A.
Metered domestic, commercial and public customers inside the Borough
shall be billed a service charge of $76.25 per quarter for each EDU
(equivalent dwelling unit) and a consumption charge of $2.63 per 100
cubic feet of water used. The basis for EDU's shall be as follows:
[Amended by Ord. 2095, 7/9/2012; and by Ord, 2119, 12/9/2013]
|
Residential customers
|
1 EDU/unit
| |
|
Mixed-use customers (residential/commercial)
|
1 EDU/unit
|
|
Commercial/Industrial/Public Customer Meter
| ||
|---|---|---|
|
Meter Size
|
EDU's
| |
|
5/8"
|
1
| |
|
3/4"
|
2
| |
|
1"
|
3
| |
|
1 1/2"
|
6
| |
|
2"
|
11
| |
|
3"
|
23
| |
|
4"
|
41
| |
|
6"
|
64
| |
|
8"
|
94
| |
B.
Unmetered domestic customers inside the Borough using wastewater
treatment facilities shall be billed a service charge of $131.37 per
quarter for each EDU (equivalent dwelling unit); unmetered commercial
and public customers inside the Borough shall be billed a service
charge of $183.93 for each EDU (equivalent dwelling unit).
[Amended by Ord, 2119, 12/9/2013]
C.
Industrial establishments (manufacturing plants, laundries, dairies,
bakeries, factories, newspaper plants, landfills, etc.) shall be billed
a service charge of $76.25 per quarter for each EDU (equivalent dwelling
unit) and a consumption charge of $2.63 per 100 cubic feet of water
used.
[Amended by Ord. 2095, 7/9/2012; and by Ord, 2119, 12/9/2013]
D.
MIPP Recovery. All Class I and Class II industrial customers shall
be billed a municipal industrial pretreatment charge of $0.08 per
100 cubic feet of water used with a maximum annual charge of $2,000.
E.
[Reserved]
F.
Process Usage Credits. The following water uses shall be eligible
for sewer process credits:
(1)
Residential, Commercial and Industrial Users.
(a)
Process Water. Water that is consumed as part of a manufacturing
process or is evaporated during such process and is not returned to
the sanitary sewer system.
(b)
Irrigation. Water used for landscaping, fountains, etc., that
will not be returned to the sanitary sewer system.
(c)
Wells. Except for wells that are totally dedicated to process
water that is not discharged into the sanitary sewer system, to qualify
for a process usage credit, separate water meters must be installed
to record domestic and process usage.
(d)
Swimming Pools. No process usage credits will be permitted for
swimming pools since Pennsylvania Department of Environmental Protection
requires that they be drained into the sanitary sewer system.
(2)
To establish a process credit account, the following is required:
(a)
All parcels shall have a meter pit in the legal right-of-way.
Only one process meter will be permitted per parcel.
(c)
All required service lines and meters shall have backflow preventers
installed.
(e)
All meters shall be tested by the Authority's contractor, with
the costs being paid by the property owner. Costs shall include staff
time and cost of contractor.
(3)
The amount of water calculated as a process usage credit through
metering shall be deducted from the total water consumed in order
to determine the bill for sewage service under the prevailing rates.
2.
Trucked and Hauled Wastewater.
A.
Bulk Wastewater Discharge. The Borough will apply a per-gallon rate in accordance with the Borough bulk wastewater/septage fee schedule (schedule provided in Subsection 2E of this section) for bulk wastewater discharge volume received within a calendar month. Applied per gallon rates may be adjusted (increased/decreased) using the compatible surcharge factor formula in § 303 of this Part. For bulk wastewater discharges, the compatible surcharge factor formula will utilize actual values for BOD, TSS and NH3 -N and will not
substitute 250 mg/l in BOD or 250 mg/l in TSS or 25 mg/l in NH3 -N for calculation purposes when these figures are
less than 250 mg/l in BOD or 250 mg/l in TSS or 25 mg/l in NH3-N.
B.
Septage Discharge. The Borough will apply a per-gallon rate in accordance with the Borough bulk wastewater/septage fee schedule (schedule provided in Subsection 2E of this section) for septage discharge volume received within a calendar month.
C.
Sampling and Analysis. The Borough shall not charge a fee for sampling
and/or analysis performed by plant personnel for the reasons of bulk
wastewater discharge approval, bulk wastewater/septage discharge monitoring
or bulk wastewater discharge sampling and analysis for billing purposes.
The Borough reserves the right to request reimbursement or payment
for any sampling and/or analytical services performed by outside laboratories
that are deemed necessary for the above reasons or if requested by
generator or hauler of wastes.
D.
Permitting. The Borough shall charge a one-time permit recording
fee in accordance with the Borough bulk wastewater/septage fee schedule
for any bulk wastewater discharge or septage discharge generator or
hauler applying for discharge privileges. Permits are susceptible
to changes, revisions, additions and deletions without a repermitting
fee. A permit reapplication due to discharge privilege expiration
or suspension will be charged a repermitting fee in accordance with
the Borough bulk wastewater/septage fee schedule.
E.
Bulk Wastewater/Septage Fee Schedule.
[Amended by Ord. 2070, 12/29/2009; and by Ord. No. 2224, 1/9/2023]
|
Type
|
Fee
| ||
|---|---|---|---|
|
(1)
|
Septage discharge fee
|
$0.0317 per gallon
| |
|
(2)
|
Holding tank wastewater discharge fee
|
$0.0159 per gallon
| |
|
Other wastewater sources
|
To be determined by the Utilities Coordinator based on the characteristics
of the wastewater sources, the minimum charge shall be $0.0159 per
gallon
| ||
|
(3)
|
Leachate - low strength
|
$0.0159 per gallon
| |
|
(4)
|
Leachate - high strength
|
$0.0237 per gallon
| |
|
(5)
|
High TDS
|
$0.0715 per gallon
| |
|
(6)
|
Sludge discharge fees
| ||
|
0.00% to 3.00% total solids
|
$0.0493 per gallon
| ||
|
3.01% to 4.00% total solids
|
$0.0659 per gallon
| ||
|
4.01% to 5.00% total solids
|
$0.0822 per gallon
| ||
|
5.01% to 6.00% total solids
|
$0.0987 per gallon
| ||
|
6.01% to 7.00% total solids
|
$0.1152 per gallon
| ||
|
7.01% to 8.00% total solids
|
$0.1316 per gallon
| ||
|
8.01% to 9.00% total solids
|
$0.1481 per gallon
| ||
|
9.01% to 10.00% total solids
|
$0.1645 per gallon
| ||
|
10.01% to 11.00% total solids
|
$0.1809 per gallon
| ||
|
11.01% to 12.00% total solids
|
$0.1975 per gallon
| ||
|
12.01% to 13.00% total solids
|
$0.2139 per gallon
| ||
|
13.01% to 14.00% total solids
|
$0.2303 per gallon
| ||
|
14.01% to 15.00% total solids
|
$0.2467 per gallon
| ||
|
15.01% to 16.00% total solids
|
$0.2632 per gallon
| ||
|
16.01% to 17.00% total solids
|
$0.2796 per gallon
| ||
|
17.01% to 18.00% total solids
|
$0.2960 per gallon
| ||
|
18.01% to 19.00% total solids
|
$0.3127 per gallon
| ||
|
19.01% to 20.00% total solids
|
$0.3291 per gallon
| ||
|
20.01% to 21.00% total solids
|
$0.3455 per gallon
| ||
|
21.01% to 22.00% total solids
|
$0.3620 per gallon
| ||
|
22.01% to 23.00% total solids
|
$0.3783 per gallon
| ||
|
23.01% to 24.00% total solids
|
$0.3948 per gallon
| ||
|
24.01% to 25.00% total solids
|
$0.4114 per gallon
| ||
|
25.01% to 26.00% total solids
|
$0.4277 per gallon
| ||
|
26.01% to 27.00% total solids
|
$0.4442 per gallon
| ||
|
27.01% to 28.00% total solids
|
$0.4607 per gallon
| ||
|
28.01% to 29.00% total solids
|
$0.4772 per gallon
| ||
|
29.01% to 30.00% total solids
|
$0.4936 per gallon
| ||
|
At the discretion of the WWTP Utilities Coordinator, an additional
surcharge can be imposed on the fees described in Subsections (1)
through (3) above the WWTP Utilities Coordinator reasonably determines
that due to unanticipated cost increases the rates set forth in this
section do not provide sufficient compensation for the sewer treatment
that is being provided to the bulk wastewater providers.
| |||
3.
Transporting Charges. When the Borough, Lower Pottsgrove Township,
Upper Pottsgrove Township, West Pottsgrove Township or any other municipal
entity uses the other POTW to transport wastewater to the WWTP which
is not reflected in the above rate differentials, then the municipality
using the other municipality's system shall pay the municipality $5.67
annually per customer.
4.
Sanitary Sewer Rates When Water Service is Turned Off. When a premises is vacant and the owner has temporarily terminated water service as described in § 107, Subsection 7, of Chapter 26, Water, of the Code of Ordinances of the Borough of Pottstown, as amended, the owner shall continue to pay the quarterly service charge for sanitary sewer. The consumption charge shall cease as of the day the water service is turned off.
[Added by Ord. 2129, 11/10/2014]
5.
Sanitary Sewer Rates When Sanitary Sewer is Disconnected. In the event the Authority has approved and the owner has disconnected from the public water supply as described in § 107, Subsection 8, of Chapter 26, Water, of the Code of Ordinances of the Borough of Pottstown, as amended, the property owner may request, in writing, that sewer capacity for the premises be relinquished also. In that instance, the Authority shall review the request and determine if sanitary sewer is required for the premises, which determination shall be in the sole discretion of the Authority. In the event that the Authority determines that the request shall be honored, the owner shall obtain any permits necessary, pay any deposits required, and disconnect the premises from the public sanitary sewer system in a manner acceptable to and approved by the Authority. The owner shall be responsible for all of the costs/fees/deposits associated with the disconnection and inspection. After the sanitary sewer is disconnected, the owner shall no longer be responsible to pay the sanitary sewer quarterly service charge. However, once sanitary sewer capacity to the premises is relinquished, there will be no refund or credit for sanitary sewer charges, which shall be charged to the date the capacity is relinquished or for the cost of capacity. In the event the owner or future owner of the premises wishes to resume sanitary sewer service to the premises, the owner shall be required to make application and pay all the applicable fees/charges (including a tapping fee) to have sanitary sewer service capacity for the premises.
[Added by Ord. 2129, 11/10/2014]
[Ord. 1840, 12/9/1996, § 303; as amended by Ord.
2026, 7/10/2006]
1.
The rental and charges for collection and treatment of industrial
wastes discharged into the POTW shall be made in accordance with this
chapter. In addition thereto, further changes shall be made for all
wastewater discharged into the POTW having total suspended solids,
biochemical oxygen demand and ammonia, in excess of the following
concentrations:
2.
The additional charge for wastewater having concentration in excess
of the foregoing shall be based upon the compatible surcharge factor
determined according to the following formula:
|
.17 + (BOD/250) x .29 + (TSS/250) x .39 + (NH3-N/25) x .15
|
3.
The compatible surcharge factor determined by the above formula shall
be multiplied by the sanitary sewer rental determined under this chapter
to determine the total charge for industrial waste.
[Ord. 1840, 12/9/1996, § 304; as amended by Ord.
1846, 2/10/1997, § 2; by Ord. 1891, 7/2/1999, § 1;
and by Ord. 1995, 3/14/2005, § 1]
If any quarterly installment of sewer rent is not paid within
30 days after the date of a bill, a penalty of 10% shall be added
thereto; if the installment, plus penalty, is not paid within 60 days
after the date of the bill, the aggregate amount thereof shall bear
interest from the penalty date at a rate of 9% per annum, or the maximum
rate permitted by law. Any unpaid sewer rent, together with penalties
and interest thereon, to the extent permitted by law, and all delinquent
costs, shall be a lien on the property served, which may be collected
by an action in assumpsit, by distress and/or by lien filed in the
nature of a municipal claim and/or by termination of the services
and as to the extent permitted by law. In addition, any costs and/or
reasonable attorney's fees incurred by the Borough shall be added
to the unpaid sewer rent, along with penalties and interest as set
forth above, and the aggregate of same shall be entered as a lien
on the property served and collected in the manner provided by the
Municipal Claims Act, 53 P.S. § 7101 et. seq. The Borough
hereby adopts the following fee schedule to be paid to legal counsel
for representation in proceedings to recover any delinquent municipal
claim. The Borough approves these fees and finds them fair and reasonable
for the services to be rendered and shall impose them upon the property
owner in proceedings to recover delinquent municipal claims, together
with an additional out-of-pocket costs for necessary expenses:
A.
Administrative Charge. Any administrative fee incurred for mailing
the notice of delinquency, not to exceed $50, being a cost of collection
under the Municipal Claims and Tax Liens Act, shall be assessed.
B.
Interest. Interest will be assessed upon all delinquent municipal
claims and taxes at a rate of 10% per annum.
C.
Legal Services.
|
Legal Services
|
Fee For Services
| |
|---|---|---|
|
Initial review and sending first demand letter
|
$160
| |
|
File lien and mail second demand letter
|
$175
| |
|
Prepare Writ of Scire Facias
|
$175
| |
|
Obtain re-issued writ
|
$30
| |
|
Prepare and mail letter under PA. R.C.P. § 237.1
|
$30
| |
|
Prepare motion for alternate service
|
$175
| |
|
Prepare default judgment
|
$175
| |
|
Prepare Writ of Execution
|
$800
| |
|
Attendance at sale; review schedule of distribution and resolve
distribution issues
|
$400
| |
|
Continue sheriff sale
|
$50
| |
|
Petition to assess damages
|
$50
| |
|
Petition for free and clear sale
|
$400
| |
|
Prepare bankruptcy proof of claim
|
$100
| |
|
Handling fee for returned check
|
$30
| |
|
Handling fee to issue refund check
|
$20
| |
|
Bookkeeping fee for payment plan of more than three payments
|
$50
| |
|
Services not covered above
|
At an hourly rate between $60-$225 per hour
|
D.
The amount of fees determined as set forth above are fair and reasonable
for the services to be provided and shall be added to the Borough
of Pottstown's claim in each account.
E.
There shall be added to the above amounts the reasonable out-of-pocket
charges, costs, expenses, commissions and fees, such as but not limited
to postage, title searches, prothonotary fees and sheriff fees.
F.
The amount of charges, expenses, commissions and fees determined
as set forth above shall be added to the Borough of Pottstown's claim
in each account.
