Part 1 SEWER RENTS
Part 2 WASTEWATER TREATMENT
[Ord. 200, 7/14/1958, § 1]
There is hereby imposed upon the owners of properties in the Borough of East Lansdowne, Delaware County, Pennsylvania, hereinafter called the "Borough," which use and are served by the sewers and sewer systems of the Borough and by certain sewage treatment works which are maintained partially at the public expense of the Borough, hereinafter collectively called "the sewer system," an annual rental, rate or charge for residential or other buildings or structures discharging sanitary, commercial or industrial waste into such sewer system.
[Ord. 200, 7/14/1958, § 2]
For the purpose of this Part, the terms "sanitary sewage or waste" and "industrial or commercial sewage or waste" are defined as follows:
- INDUSTRIAL OR COMMERCIAL WASTE OR SEWAGE
- Liquid waste and/or wastes entering the sanitary sewage system by means of liquid, resulting from any commercial or industrial operations or processes.
- SANITARY SEWAGE OR WASTE
- Waste from water closets, urinals, lavatories, sinks, bathtubs, shower baths, household laundries, cellar floor drains, private garage floor drains, bars, soda and refreshment counters, cuspidors, refrigerator drips, drinking fountains and stable floor drains.
[Ord. 200, 7/14/1958, § 4]
Where the sole source of water supply to a property is through the facilities of the Water Company (Philadelphia Suburban Water Co.), the annual rental, after the basic minimum charge has been reached, shall be computed by the Sewer Committee of the Borough of East Lansdowne upon the annual bill of said company for water supplied to said property in accord with the rates hereinafter established.
[Ord. 200, 7/14/1958, § 5]
Where the source of the water supply to a property is not the Water Company, the annual rental shall be established by estimating the amount of water not supplied by the Water Company and adding thereto the amount supplied by the Water Company, establishing what the water rental would be if the Water Company were the sole source of supply and then fixing the sewer rental in accord with the rates hereinafter established.
[Ord. 200, 7/14/1958, § 6; as last amended by Ord. 588, 12/12/2016]
Each person who shall own property connected to the public sewers shall be charged for the year 2017 at the rate not to exceed $9 per 1,000 gallons of water, or fraction thereof, consumed and estimated to be consumed during the calendar year 2017. The minimum fee that all persons shall pay shall be $100 per annum.
The Borough determines the rate of interest on delinquent sewer rents to be 10% per annum. This determination is made for purposes of satisfying the requirements 53 P.S. § 7143.
[Ord. 200, 7/14/1958, § 7]
The Sewer Committee of the Borough Council of East Lansdowne, comprising three members of Council, appointed by the President of Council, each for a term of two years, shall have the following duties and powers in addition to those otherwise provided for herein:
To formulate rules and regulations in furtherance of its duties and powers.
To hear and decide complaints where it is averred that inequities exist in sewer rentals and to adjust sewer rentals, if reasonable inequities are found to exist in particular cases, to the end that said sewer rentals shall be apportioned as equitably as may be among the several properties served by said sewers and/or sewage system. All appeals or complaints shall be filed with Borough Council within 30 days following the issuance of sewer tax bill.
To issue such special directives in specific cases as may be necessary to provide for an even flow into the sanitary sewer system and to require pretreatment of industrial wastes otherwise injurious to the functions of the sanitary sewer system and/or the sewage disposal facilities or system.
To enter upon, in person or by duly authorized representatives, any property served by the sanitary sewer system and to inquire into, investigate and decide all matters in reference to the collection and disposal of sanitary sewage and industrial wastes.
To prohibit the discharge of industrial wastes into the sanitary sewer system in specific cases where it appears that the same are or would be injurious to the functions of the sanitary sewer disposal facilities of the Borough or have a deleterious effect upon the sewage treatment processes.
[Ord. 200, 7/14/1958, § 8; as amended by Ord. 354, 12/28/1982; and by Ord. 371, 2/11/1985, § § 2, 3, & 4]
The annual sewer rental rate or charge shall be due and payable on the first day of January, of each succeeding year, and shall be paid to the Tax Collector of the Borough.
The sewer rental charges shall be billed together with the annual real estate tax, upon the same billing, and at the same time.
There shall be no discounts allowed relative to payments of sewer rental billings.
Whenever sewer service to any property begins after the first day of January in any year and terminates before the following December 31 in the same year, the sewer rental rate or charge for such property for such year shall be that portion of the year during which the said property is served; provided, however, that in making such apportionment, a fraction of the month amounting to one-half or more of a month shall be counted as a full month and a fraction of a month amounting to less than one-half of a month shall be disregarded.
[Ord. 200, 7/14/1958, § 9; as amended by Ord. 416, 4/22/1991]
The Sewer Committee of the Borough Council shall administer this Part. The Committee shall secure from Water Company the number of gallons of water consumed by public, business, commercial and industrial users, and determine as herein provided by such means as necessary to secure the gallonage utilized by nonusers of Water Company's water; shall compute the sewer rental, rate or charge and furnish to the Tax Collector of the Borough, on or before December 15 of each year, a list of all properties served by the sewer system or disposal facilities, together with the names and addresses of the owners of said properties and a statement of the amount of sewer rental to be collected for the ensuing year. The Sewer Committee for this purpose may, upon approval of Council, employ such services as may be required.
[Ord. 200, 7/14/1958, § 10; as amended by Ord. 371, 2/11/1985, § 5]
A penalty of 10% shall be added to amount due on each bill if the same has not paid within four months from the date of the bill.
[Ord. 200, 7/14/1958, § 11; as amended by Ord. 371, 2/11/1985, § § 1, 2, & 5; and by Ord. 416, 4/22/1991]
The Tax Collector of the Borough shall cause annual bills on forms prepared by the Borough for sewer rentals, rates or charges, to be mailed to all owners of properties using the sewer system and/or disposal facilities as aforesaid on or about the first day of January of each year. Sewer rents, rates or charges shall be due from such owners whether or not bills actually have been received.
It shall be the duty of the Tax Collector to keep full, accurate and complete records of all sewer rentals, or charges, bills, receipts, payments and submittals of money to the Borough.
It shall be the duty of the Tax Collector on or after June 1 of each succeeding year, or at such other time as directed by Borough Council, to certify all unpaid bills for sewer rentals, rates or charges to the Borough Solicitor.
[Ord. 200, 7/14/1958, § 12]
Such bills, together with penalties, shall be a lien on the property served and shall be entered as a lien against such property in the Office of the Prothonotary of the County of Delaware and collected in the manner provided by law for the entry, collection and the filing of municipal liens or may be collected by an action of assumpsit in the name of the Borough against the property owner charged, or by distress of personal property of the premises.
[Ord. 200, 7/14/1958, § 13]
Such annual sewer rental shall not exceed the amount expended annually by the Borough in the maintenance, repair, alteration, inspection, depreciation, or other expenses, in relation to the sanitary sewer system and disposal facilities of the Borough and any interest on money expended by the Borough in the construction of or contribution to, or assessment levied in the construction of the sewer system and/or disposal facilities.
It shall be a further duty of the Sewer Committee to meet annually prior to the first day of January of each year and to estimate, subject to approval of Borough Council, the amount of sewer rental necessary to be collected for these purposes during the ensuing year and to adjust the schedule of sewer rentals to conform therewith.
[Ord. 200, 7/14/1958, § 15; as amended by Ord. 401, 7/11/1988; and by Ord. 416, 4/22/1991]
Any person, partnership, firm or corporation whose property is served directly or indirectly by the sanitary sewer system and/or the disposal facilities of the Borough of East Lansdowne, who shall violate any of the provisions of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, plus costs, and in default of said fine and costs, to a term of imprisonment not to exceed 30 days. Every day that a violation of this Part continues shall constitute a separate offense.
[Ord. 522, 5/14/2007, § 1]
This Part shall be known and may be cited as the "Borough of East Lansdowne Wastewater Treatment Ordinance."
[Ord. 522, 5/14/2007, § 2]
This Part is adopted to promote and protect the public health, safety, comfort, convenience and other aspects of the general welfare. These general goals include, among others, the specific enforcement of the various regulations promulgated by the Philadelphia Water Department, Wastewater Control, the United States Environmental Protection Agency (USEPA), the Pennsylvania Department of Environmental Resources (PADER), and such other agencies which may succeed the aforementioned agencies to implement the Philadelphia Wastewater Control Regulations and the National Pretreatment Standards, 40 CFR 401 et seq.
[Ord. 522, 5/14/2007, § 3]
The Philadelphia Wastewater Control Regulations as amended September 30, 2010, are hereby adopted by the Borough of East Lansdowne to govern the conduct of all discharges to the Philadelphia wastewater system through the Township of Upper Darby.
[Amended by Ord. 549, 6/13/2011]
It is intended that this Part provide for the enforcement and prosecution of the Philadelphia Wastewater Control Regulations and the National Pretreatment Standards.
It is the specific intent of this Part to provide a means of enforcement of the National Pretreatment Standards promulgated by the United States Environmental Protection Agency as set forth in 40 CFR 401 et seq. (1983) pursuant to the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The Philadelphia Wastewater Control Regulations shall be minimum standards and shall apply uniformly to each class or kind of user within the Borough of East Lansdowne.
A copy of said Philadelphia Wastewater Control Regulations as amended September 30, 2010, shall be available in the office of the Borough Manager of the Borough of East Lansdowne.
[Added by Ord. 549, 6/13/2011]
[Ord. 522, 5/14/2007, § 4]
Any person, form or corporation who fails or refuses to comply with the Philadelphia Wastewater Control Regulations, embodied in the current Wastewater Control Regulations, Section 501, Wastewater Control, as amended from time to time, which is incorporated herein by reference and attached hereto as Appendix A, shall be subject to the penalties of § 18-205 of this Part.
Editor's Note: Appendix A is on file in the Borough offices.
[Ord. 522, 5/14/2007, § 5]
Any person, firm or corporation who violates or fails to comply with any of the provisions of this Part shall, upon conviction, be punished by a fine of not less than $100 or more than $1,000, plus costs, and in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day's failure to comply with any provision of this Part shall constitute a separate violation.