[Ord. 6-71, 5/18/1971, § 2; as amended by Ord.
2-93, 2/4/1993, § 2]
Sewer rentals or charges arc imposed upon and shall be collected
from the owner of each improved property, which improved property
is within 150 feet from the sewer system, whether or not such improved
property is connected with the sewer system for use and/or benefit
of the sewer system, whether such use and/or benefit shall be direct
or indirect, which sewer rentals or charges shall commence and shall
be effective either as of the date of connection of each improved
property to the sewer system or as of the date when such connection
should have been made following receipt of notice to connect to the
sewer system and shall be payable as provided herein.
[Ord. 6-71, 5/18/1971, § 3; as amended by Ord.
2-84, 2/2/1984; by Ord. 12-89, 2/11/1989, § 2; by Ord. 13-89,
12/7/1989, § 2; by Ord. 15-90, 12/26/1990, § 3;
by Ord. 2005-11, 12/1/2005, § 3; by Ord. 2008-4, 12/4/2008;
by Ord. 2010-1, 1/4/2010; by Ord. 2010-10, 12/2/2010; by Ord. 2012-8,
12/6/2012; by Ord. 2015-1, 3/5/2015; by Ord. No. 2017-07, 12/7/2017;
and by Ord. No. 2020-17, 12/3/2020]
1.
Flat Rates for Dwelling Units, Commercial Establishments and Institutional
Establishments.
A.
Sewer rentals or charges for sanitary sewage discharged into the
sewer system from any improved property constituting a dwelling unit,
a commercial establishment or an institutional establishment, unless
otherwise determined by the Township and except where water meters
are available for the improved property, shall be on a flat rate established
from time to time by Resolution.
B.
The Township reserves the right to require unit or establishments
to pay sewer rentals or charges on the basis of metered rates. In
such cases, such units or establishments shall pay those rates as
established from time to time by Resolution, but in no circumstance
shall metered rates be less than the flat rates.
2.
Metered rate schedule.
A.
Metered rates for industrial, commercial and institutional establishments
shall be billed at those rates as established from time to time by
Resolution.
(1)
Sewer rentals or charges for sanitary sewage discharged into
the sewer system from any improved property constituting an industrial,
commercial or industrial establishment may be based upon:
(2)
In either of the foregoing cases, such sewer rentals or charges
shall be computed in accordance with those rates as established from
time to time by Resolution.
B.
Metered rates for residential dwelling units shall be billed at those
rates as established from time to time by Resolution.
(1)
Sewer rentals or charges for sanitary sewage and wastes discharged
from any improved property constituting a residential dwelling unit
may be based upon:
(2)
In either of the foregoing cases, such sewer rentals or charges
shall be computed in accordance with those rates as established from
time to time by Resolution.
3.
Imposition of Allocation Reserve Charge. The Township hereby imposes
a charge on all customers maintaining sanitary sewer capacity which
is in excess of their actual metered flow of sewage ("reserve allocation").
Said customers shall be charged at those rates as established from
time to time by Resolution. Said charge shall be billed on a quarterly
basis
4.
Multiple Users. Each billing unit located in a multiple-unit building shall be billed as a separate entity as though such billing unit was in a separate structure and had a direct and separate connection to the sewer system; Provided, however, that this Subsection 4 shall not be applicable to a combination dwelling unit and commercial establishment.
5.
Additional Minimum Rates for Industrial Establishments. Notwithstanding
the aforesaid provisions with respect to rentals or charges to industrial
establishments, no industrial establishment shall pay a sewer rental
or charge for any quarter-annum of less than 75% of the average sewer
rental or charge paid by said industrial establishment during the
same quarter-annum period of the two preceding calendar years or,
if said industrial establishment did not pay rentals or charges during
such two previous years, then not less than 75% of the sewer rental
or charges paid by said industrial establishment during the same quarter-annum
of the previous year.
6.
Changes in Flat Rate Classifications. If the use or classification
of any improved property shall change during any quarter-annum period,
the sewer rental or charge shall be adjusted by the Township by proration
on a monthly basis to the nearest calendar month, with a credit or
charge, as shall be appropriate under the circumstances, being made
on the statement for the next succeeding quarter-annum period.
7.
Additional Flat Rate Classifications and Modifications of Flat Rate
Classifications. The Township reserves the right, from time to time,
to establish additional flat rate classifications and to establish
quarter-annum rates therefor by resolution; and this Township further
reserves the right, from time to time, to alter, modify, revise and/or
amend flat rate classifications and the quarter-annum rates applicable
thereto by resolution.
8.
Surcharge for Certain Industrial Wastes.
A.
Hereafter, industrial establishments discharging industrial wastes
which are applicable to surcharges imposed by Lehigh County Authority
for treatment of such industrial wastes shall pay a strength of waste
surcharge in addition to the metered rate. Such surcharge shall not
exceed 130% of the surcharge imposed by Lehigh County Authority from
time to time and subsequently computed in accordance with the formula
established from time to time by Lehigh County Authority. Upon written
request to the Township, the Township will furnish to the owner of
any industrial establishment the current formula in effect.
B.
For all such industrial establishments discharging industrial wastes
subject to surcharges imposed by Lehigh County Authority which exceed
4,000,000 gallons in a billing cycle, and the BOD discharged is more
than 10,000 pounds and/or the TSS discharge is more than 3,800 pounds,
such surcharge shall be 102.5% of the surcharge imposed by Lehigh
County Authority. The TKN surcharge shall remain at 115% of the surcharge
imposed by Lehigh County Authority for discharge, regardless of volume
and strength.
C.
Provisions in the current ordinances of the Township with respect
to imposition of surcharges for industrial wastes are amended to the
extent necessary to give effect to the foregoing provisions of this
Section.
D.
Extra strength industrial wastes subject to surcharges shall be calculated
at rates as established from time to time by Resolution.
[Ord. 6-71, 5/18/1971, § 4; as amended by Ord.
1-81, 3/5/1981, §§ 4 and 5; and by Ord. No. 2023-02, 1/3/2023]
1.
Sewer rentals or charges imposed by this Part shall be payable quarterly
or, in the case of large users and at the discretion of the Township,
monthly.
2.
All sewer rental fees and/or charges, including penalties for late
payment, shall be set forth and as amended, from time to time by resolution,
in the Fee Schedule for Upper Macungie Township.
3.
Every owner of an improved property which is connected to the sewer
system initially shall provide the Township with and thereafter shall
keep the Township advised of his correct address. Failure of any person
to receive quarterly bills for sewer rentals or charges shall not
be considered an excuse for nonpayment nor shall such failure result
in an extension of the period of time during which the net bill shall
be payable.
4.
Properties whose sewer bills are based upon a sewer billing meter
or water consumption meter and which experience a meter malfunction
reflecting an abnormally high or low flow will be invoiced on an estimated
basis calculated upon past usage and historical data from the property.
Estimated bills will be clearly labeled as an estimate.
5.
Properties supplying the Township with their sewer meter information must provide that information to the Upper Macungie Township Bureau of Finance by the 15th of each month (for monthly billing customers) or the 15th of the month following the end of the calendar quarter (for quarterly billing customers). Should sewer meter information not be timely submitted, the Township shall have the right to seek fines pursuant to § 18-209.
6.
Deduct Meters may be allowed at the discretion and upon written approval
of the Township and must follow the requirements of § 18-445.3.
[Ord. 6-71, 5/18/1971, § 5]
Sewer rentals or charges imposed by this Part shall be a lien
on the improved property connected to and served by the sewer system;
and any such sewer rentals or charges which are not paid within 30
days after each quarterly billing date applicable to the particular
improved property, at the discretion of the Township, shall be filed
as a lien against the improved property so connected to and served
by the sewer system, which lien shall be filed in the office of the
Prothonotary of Lehigh County, Pennsylvania, and shall be collected
in the manner provided by law for the filing and collecting of municipal
claims.
[Ord. 6-71, 5/18/1971, § 8; as amended by Ord.
12-86, 6/5/1986; and by Ord. 8-89, 8/3/1989, §§ 1 and
2; and by Ord. No. 2020-17, 12/3/2020]
1.
Surcharge for Excessive Fats, Oils and Grease (FOG). Any user of
sanitary sewers within Upper Macungie Township discharging wastes
having concentrations of fats, oils and grease over 50 milligrams
per liter (mg/l), shall pay a strength of waste surcharge, in addition
to the metered rate. This surcharge rate shall be those which shall
be established annually and/or from time to time by the Upper Macungie
Township.
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Surcharges shall be determined by the following formula:
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Surcharge = Q x 8.34 [(FOG – 50) x W]
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50 represents the allowable strength
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Where Q is regular or monthly industrial waste flow in millions
of gallons.
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8.34 is a constant to convert waste strengths expressed in mg/1
of fats, oils or grease.
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FOG is total fats, oils and grease concentration of the waste
in mg/1.
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W is the FOG surcharge rate.
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2.
Except as provided in Part 3 of this Chapter (Industrial Wastes), no sewage or other wastes shall be discharged to the sewer system:
A.
Having a temperature higher than 150° F.;
B.
Sewage or other wastes to have no more than 50 milligrams per liter
by weight of fat, oil or grease;
C.
Containing any gasoline, benzene, naptha, fuel oil or other inflammable
or explosive liquid, solid or gas;
D.
Containing any unground garbage;
E.
Containing any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, paunch manure or any other
solid or viscous substance capable of causing obstruction or other
interference with the proper operation of the sewage treatment plant;
F.
Having a pH lower than 6.0 or higher than 9.0 or having any other
corrosive or scale-forming property capable of causing damage or hazard
to structures, equipment or personnel operating the sewage treatment
plant;
G.
Containing a toxic or poisonous substance in sufficient quantity
to injure or interfere with any sewage treatment process, constituting
a hazard to humans or animals, or creating any hazard in the receiving
waters of the sewage treatment plant; toxic wastes shall include wastes
containing cyanide, copper and/or chromium ions;
H.
Containing suspended solids in excess of three pounds per 1,000 gallons
and of such character that unusual attention or expense is required
to handle such materials at the sewage treatment plant;
I.
Containing noxious or malodorous gas or substance capable of creating
a public nuisance;
J.
Containing BOD in excess of 2.5 pounds per 1,000 gallons and be of
such character that unusual attention or expense is required to handle
such materials at the sewage treatment plant, unless otherwise agreed
to by the City and permitted by the Commonwealth of Pennsylvania or
any duly constituted Board, Commission or Department thereof;
K.
Having a chlorine demand in excess of 0.1 pound per 1,000 gallons;
or
M.
Prohibited by any permit issued by the Commonwealth of Pennsylvania.
3.
As provided in the Allentown Agreements, any industrial wastes or
other waste which is dangerous to the public health and safety or
which at any time is prohibited by any ordinance, resolution, rule
or regulation of the City from entering into the sewage treatment
plant shall not be discharged into any sewer.[2]
[2]
Editor's Note: The Township of Upper Macungie on September
3, 2009, by Ord. No. 2009-7 adopted by reference City of Allentown
Ord. No. 14686, which was enacted to comply with federal and state
requirements for sewage and industrial waste.
4.
Nothing contained in this § 18-106 shall be construed as
prohibiting any special agreement or arrangement between this Township
and any person whereby wastes of unusual strength or character may
be admitted into the sewer system by this Township, either before
or after preliminary treatment; provided such special agreement or
arrangement also is approved by the City.
[Ord. 6-71, 5/18/1971, § 10]
This Township 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, observation, measurement,
sampling and testing and for performance of other functions relating
to service rendered by this Township through the sewer system.
[Ord. 6-71, 5/18/1971, § 11]
The owner of each improved property connected to the sewer system
shall be responsible for all acts of tenants or other occupants of
such improved property insofar as such acts shall be governed by provisions
of this Part.
[Ord. 6-71, 5/18/1971, § 12]
This Township reserves the right to adopt, from time to time,
such additional rules and regulations as it shall deem necessary and
proper in connection with use and operation of the sewer system, which
rules and regulations shall be, shall become and shall be construed
as part of this Part.
[Ord. 4-85, 6/6/1985; as amended by Ord. 12-86, 6/5/1986;
and by Ord. 3-97, 3/6/1997, § 3]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedures, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.
