[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:
Liquid waste and/or wastes entering the sanitary sewage system
by means of liquid, resulting from any commercial or industrial operations
or processes.
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. No. 605, 12/9/2019]
1.
Each person who shall own property connected to the public sewers
shall be charged for the year 2020 at the rate not to exceed $8.95
per 1,000 gallons of water, or fraction thereof, consumed and estimated
to be consumed during the calendar year 2020. The minimum fee that
all persons shall pay shall be $100 per annum regardless of water
consumed.
2.
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 of 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:
A.
To formulate rules and regulations in furtherance of its duties and
powers.
B.
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.
C.
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.
D.
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.
E.
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]
1.
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.
2.
The sewer rental charges shall be billed together with the annual
real estate tax, upon the same billing, and at the same time.
3.
There shall be no discounts allowed relative to payments of sewer
rental billings.
4.
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]
1.
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.
2.
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.
3.
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]
1.
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.
2.
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]
1.
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]
2.
It is intended that this Part provide for the enforcement and prosecution
of the Philadelphia Wastewater Control Regulations and the National
Pretreatment Standards.
3.
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.
4.
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.
5.
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,[1] shall be subject to the penalties of § 18-205 of this Part.
[1]
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.
