[Ord. 188, 7/14/1954, § 1]
The words "sewer system," "Borough sewer system" or "sewers of the Borough," as used in this Part 2, shall mean and refer to the present sanitary sewer collection system serving the Borough of Fountain Hill and any additions or extensions that may hereafter by made thereto by the Fountain Hill Authority or the Borough of Fountain Hill, but excluding stormwater sewers. These words shall not, by inference or otherwise, be determinative of the ownership of such sewer system, which must be determined by reference to the appropriate agreements relating thereto between the Borough of Fountain Hill and the Fountain Hill Authority.
[Ord. 188, 7/14/1954, § 2]
There is hereby imposed an annual sewer rental or charge for the use of the sewers and sewage system of the Borough of Fountain Hill, to be payable by the owners of all properties to be served by any of the sewers of the Borough, at the rates hereinafter set forth.
[Ord. 188, 7/14/1954, § 3; as amended by Ord. 299, 3/1/1971, § 1; by Ord. 335, 12/27/1979, § 1; by Ord. 383, 6/12/1985; by Ord. 421, 3/7/1988; by Ord. 463, 4/2/1990; by Ord. 521, 10/4/1993; by Ord. 534, 9/6/1994; by Ord. 574, 3/4/1996; by Ord. 614, 3/2/1998; by Res. 2003-4, 4/16/2003; by Ord. 710, 4/4/2005; by Ord. 728, 2/5/2007; by Ord. 798, 2/4/2014; and by Ord. 814, 2/3/2015]
The sewer rental hereby imposed shall be an annual charge based upon the water consumption of the properties served, as measured by the following charges for water supplied by the City of Bethlehem. The following schedule of charges may be amended by the Borough Council by adoption of a resolution approving such change.
First attachment, being the connection of the public water system with that on private property:
Size
Per Annum
5/8-inch ferrule
$16
1-inch ferrule
$20
1 1/4-inch ferrule
$30
1 1/2-inch ferrule
$45
2-inch ferrule
$80
2 1/2-inch ferrule
$125
3-inch ferrule
$180
4-inch ferrule
$320
6-inch ferrule
$720
NOTE: THESE ARE MINIMUM RATES.
One spigot of every connection with the water system is at the above rate; additional spigots are at the following rates:
Type
Per Annum
Dwelling and Apartment Domestic Rates
First Attached Sink with Hot and Cold Spigot or Hydrant
$16
Additional Sink, each
$6
Additional Hydrant
$10
Bathtub, each
$4
Each Additional Bathtub
$2
Shower Bath, each
$4
Foot Bath, each
$4
Draw Knob Water Closet
$4
Each Additional Draw Knob Water Closet
$2
Self-Acting or Syphon Flush Water Closet, each
$10
Water Closet With Lever or Valve, each (hand-operated)
$20
Water Closet, Frostproof, Self-filling Tank
$4
Wash Basin, each
$4
Each Additional Wash Basin
$2
Wash Tubs, each
$4
Pave Wash, Screw Nozzle
$4
Water Motor for Family Use
$10
Hot Water Heat or Steam Heat, each House or Apartment
$2
Auto Cellar Drainer
$20
When more than one family is supplied from same fixture, each family is to be charged the same as if each had its own fixture.
Urinals, each
$6
Other Spigots
$4
Barrooms, Saloons, Hotels, Clubhouses, Fraternities, Restaurants, Boardinghouses, Poolrooms and Offices
Sink, Hot and Cold or Either or Hydrant
$20
Additional Sink, each
$6
Additional Hydrants, each
$10
Bathtubs, Hot and Cold Water or Either, each
$8
Foot Bath, each
$4
Shower Baths, each
$8
Water Closets, Draw Knob, each
$6
Water Closets, Self-Acting or Syphon Flush, each
$10
Water Closets, with Lever or Valve, each (hand-operated)
$20
Water Closet, Frostproof, Self-filling, each
$6
Wash Basins, each
$6
Wash Tubs, each
$6
Pave Wash, Hose Con or Screw Nozzle
$4
Urinals (Individual) each
$6
Urinals (Trough)
$3 per linear foot; none less than $6
Water Pressure Beer Pump in Addition to First Spigot
$16
Bar Spigots in Addition to First Spigot
$16
Each Additional Bar Spigot
$4
Ice Water Spigot
$2
Bar Flush
$10
Horse Trough, Public, per season (April 1 to November 1)
$10
Hot-Water Heating Plants, per season
$4 and up
Steam Heating Plants, per season
$12 and up
Coffee Urn
$6
Steam Kettles
$8
Oyster Bar
$6
Potato Peeler
$20
Steam Bar
$10
Dishwash Machine
$20
Refrigerating Plants
$6 and up
Fire Hose Connections, each
$4
Other Spigots
$4
Drinking Fountains, each
$10
Schools and Churches
First or 1 Spigot Only
$16
Additional Sinks, each
$6
Bathtub in Addition to First Spigot
$8
Shower Baths, each
$8
Water Closet, Draw Knob, each
$6
Water Closet, Self-Acting or Syphon Flush, each
$10
Water Closet, Lever or Valve, each (hand-operated)
$20
Water Closet, Frostproof, Self-filling
$6
Wash Basins, each
$6
Drinking Fountains, each
$10
Urinals, Individual
$6
Urinals (Trough),
$3 per linear foot; none less than $6
Water, Power Organ Motors, 1 1/4 Con
$30 and up
Hot-Water Heat
$4 and up
Steam Heat
$12 and up
Fire Hose Con
$4
Pave Wash
$4
Other Spigots, each
$4
Doctor and Dentist Offices
First or 1 Spigot Only
$16
Additional Sinks, each
$6
Water Closet, Draw Knob, each
$6
Wash Basins, each
$6
Dental Cuspidor, each
$10
Other Spigots, each
$4
Factories
First or 1 Spigot Only
$20
Additional Sinks, each
$6
Water Closets, Draw Knob, each
$6
Water Closets, Self-Acting or Syphon Flush, each
$10
Water Closets, Lever or Valve, each (hand-operated)
$20
Water Closet, Frostproof, Self-filling, each
$6
Wash Basins, each
$6
Drinking Fountains
$10
Hot-Water Heat Plant
$4 and up
Steam Heat Plant
$12 and up
Steam Boilers, each horsepower up to and including 20 horsepower in addition to first spigot, but no boiler
Less than $10
$4
Each Additional Horsepower
$2
Breweries
From $200 upwards, per annum
Air Compressors
$20 and up
Soaking Vats or Tubs, each
$20
Spigot in Ice Cream Factory
$40 and up
Stores, Drugstores, Bakeries, Barbershops Hair Dressing Establishments
First or 1 Spigot or Hydrant Only, each
$16
Sink in Addition to First Spigot, each
$6
Sink in Bake House in Addition to First Spigot
$6
Additional Wash Basin in Barbershop
$10
Water Closet, Draw Knob, each
$6
Water Closet, Self-Acting or Syphon, Flush, each
$10
Water Closet, with Lever or Valve, each (hand-operated)
$20
Water Closet, Frostproof, Self-filling, each
$6
Wash Basins in Stores, each
$4
Pave Wash, each
$4
Hot-Water Heat, per season
$4 and up
Steam Heat, per season
$4 and up
Urinals, Individual
$6
Ice Water Spigot
$2
Carbonator
$6
Glass Rinser, Automatic Shutoff
$10
Coffee Urn
$6
Drinking Fountains, each
$10
Spigot in Milk House in Addition to First Spigot
$16
Clothes Pressing Machine
$2
Public Garages
Public Garage Including 1 Sp. and Automobiles
$100
Each Additional Spigot or Hose Con
$8
Each additional Sink in Addition to First Spigot
$6
Wash Basin, each, in Addition to First Spigot
$6
Water Closets, each, in Addition to First Spigot
$6
Water Closets, Self-Acting or Syphon Flush
$10
Water Closets, Lever or Valve, each (hand-operated)
$20
Water Closet, Frostproof, Self-filling Tank
$6
Curb Water Supply in Addition to First Spigot
$8
Private Garage or Stable and Livery Stables
1 Spigot, Including 1 Automobile or 1 Animal
$16
Each Additional Automobile or animal
$6
Other Spigot or Hose Connection
$8
Sinks in Addition to First Spigot
$6
Wash Basin in Addition to First Spigot
$6
Water Closet, Draw Knob, in Addition to First Spigot
$6
Water Closet, Self-Acting or Syphon Flush
$10
Water Closet, Lever or Valve, each (hand-operated)
$20
Water Closet, Frostproof, Self-filling Tank
$6
Bathtub
$4
Pave Wash
$4
Washing Autos, Carriages, Wagons or Other Vehicles When No Water Rent is Paid for Garage or Stable, each
$6
Photo Gallery
First Spigot for Washing Photos or Blueprints
$16
Each Additional Spigot or Sink
$6
Wash Basin
$6
Water Closet, Draw Knob
$6
Bottling House
First Spigot or 1 Spigot only
$50
Spigot at Trough for Washing Bottles in Addition to First
$20/spigot
Additional Sink, each
$6
Wash Basin, each
$6
Water Closet, Draw Knob, each
$6
Urinals, Individual
$6
Fire Hydrants
Public or Private
$60
Garages
Frame Garage, for 2 Cars or Less
$1 net
Each Additional Car Space
$0.50 net
Brick Garage, 2 Cars or Less
$2 net
Each Additional Car Space
$1 net
Public Bathing Establishments
1 Tub, when Tapped From Mains
$16
1 Tub, when Tapped From Private Pipes
$10
Each Additional Tub
$6
Other Fittings at Hotel rates
Fountains
Fountains, 1-32 inch jet, one
$20
Fountains, 1-16 inch jet
$28
Fountains, each additional 1-32 inch jet
$4
Fountains, each additional 1-16 inch jet
$8
Rates for Sewerage, Based on Water Meter Readings
For 1-inch service connection or under:
First 8,000 gallons or less of water consumed
Per month
$38.32
Next 1,000 gallons consumed
$1.40/thousand
Excess
$1.40/thousand
From 1-inch above to 2-inch service connection:
First 42,000 gallons or less of water consumed
Per month
$234.64
Excess
$2.04/thousand
From 2-inch service connection:
First 100,000 gallons or less of water consumed
Per month
$391.92
Excess
$2.04/thousand
From 3-inch service connection:
First 250,000 gallons or less of water consumed
Per month
$838.80
Excess
$2.56/thousand
From 4-inch service connection:
First 300,000 gallons or less of water consumed
Per month
$1,294
Excess
$3.21/thousand
From 5-inch service connection:
First 500,000 gallons or less of water consumed
Per month
$2,169
Excess
$3.85/thousand
From 6-inch service connection including 8-inch connection:
First 800,000 gallons or less of water consumed
Per month
$3,616
Excess
$3.85/thousand
The above fees are subject to a two-percent discount if paid within 30 days of the billing date. The gross amount shall be payable for 30 days following the discount period. A penalty of 10% shall be added to all bills which remain unpaid after the gross period ends.
[Ord. 188, 7/14/1954, § 4]
For a property which uses water, all or part of which is from a source or sources other than the water supply system of the City of Bethlehem, there shall be a sewer rental separate from and in addition to any sewer rental based on the consumption of water from the water supply system of the City of Bethlehem. Such separate or additional sewer rental shall be measured by the quantity of water from the source or sources other than the water supply system of the City of Bethlehem which is discharged into the sewers of the Borough of Fountain Hill from said property. The owner of each such property shall install, without cost to the Borough of Fountain Hill, a meter or meters to measure the quantity of water received from other than the water supply system of the City of Bethlehem and discharged into the sewers of the Borough of Fountain Hill. No meter shall be installed or be used for such purpose without the approval of the Borough Engineer; and the Borough Engineer shall certify to the Secretary of the Borough of Fountain Hill the ferrule size through which each meter so used would customarily be supplied with water from the water supply system of the City of Bethlehem; and the sewer rental based upon the water received from other than the water supply system of the City of Bethlehem shall be the same in amount as is required to be paid by the owner of a metered property receiving the same quantity of water from the water supply system of the City of Bethlehem and having the certified size of meter.
If the owner of said property fails to install an approved meter or meters, the Borough Engineer shall make flow measurements of the waste discharged and furnish to the Secretary of the Borough of Fountain Hill an estimate of the amount of water from sources other than the water supply system of the City of Bethlehem which is discharged into the sewers of the Borough of Fountain Hill from the said property and shall certify the meter size through which the estimated quantity of water equal to the amount required to be paid for a metered property receiving the estimated quantity of water and having the certified size of meter. Costs for such flow measurements shall be borne by the user of the particular property and shall become part of the sewer rental charge.
[Ord. 188, 7/14/1954, § 5]
Whenever a property upon which a sewer rental is hereby imposed uses water from the water supply system of the City of Bethlehem for an industrial or commercial purpose such that the water so used is not polluted to an extent that its discharge to storm sewers is objectionable, and is not discharged into the sanitary sewerage system of the Borough, the quantity of water so used and not discharged into the sanitary sewers of the Borough of Fountain Hill shall be excluded in determining the sewer rental of said property; provided that the quantity of water so used and not discharged into the Borough's sewers is measured by a device or devices approved by the Borough Engineer, and installed without cost to the Borough, and provided that the water supply of said property is metered and the owner pays for the water at meter rates. The sewer rental based upon the consumption of water to be paid by the owner of said property shall be computed at the percentage specified in § 203 hereof for a metered property having the same size meter as said property and using a quantity of water equal to the total quantity of water furnished said property by the City of Bethlehem, less the quantity not discharged into the sanitary sewers of the Borough of Fountain Hill; provided, however, that where, in the opinion of the Borough Engineer, it is not practical to install a measuring device to determine continuously the quantity of water not discharged into the Borough's sanitary sewers, the Borough Engineer shall determine periodically, in such manner and by such method as he may prescribe, the percentage of metered water discharged into the Borough's sewers. The quantity of water used to determine the sewerage rental shall be the percentage so determined of the quantity measured by the water meter or meters. Any dispute as to the estimated amount shall be submitted to the Borough Council after notice of the estimate, whose decision on the matter shall be final for the current year.
[Ord. 188, 7/14/1954, § 6]
All meters or other measuring devices installed or required to be used under the provisions of this Part 2 shall be under the control of the Borough Engineer. The owner of the property upon which any such measuring device is installed shall be responsible for its maintenance and safekeeping; and all repairs thereto shall be made at the owner's cost, whether such repairs are made necessary by ordinary wear and tear or other causes. Bills for such repairs, if made by the Borough, shall be due and payable within one month of the completion of such repairs, shall bear a penalty of $5 and shall be collected in the same manner hereinafter provided for collection of sewer rentals or charges.
[Ord. 188, 7/14/1954, § 7]
A discount, in proportion to the amount of construction of facilities completed, may be allowed, at the discretion of the Borough Council, and shall be considered at a temporary rate of discount for payment of bills, as further stated in § 203.
[Ord. 188, 7/14/1954, § 8; as amended by Ord. 299, 3/1/1971, § 2]
The sewer rentals or charges hereby imposed shall be effective on and after January 1, 1971.
Meter billings shall be rendered periodically by the Borough Secretary and shall be payable 30 days after the date of the bill and shall be subject to the discount heretofore provided in § 203 of this Part 2, as amended.
The annual sewer rentals and charges for the calendar year shall be billed by the Borough Secretary as soon as practicable after January 1 of each year, and payment shall be due within 60 days from the date of such bill, subject to a discount for prompt payment as set forth in § 203 of this Part 2, as amended.
[Ord. 188, 7/14/1954, § 9]
Whenever sewer service to any property begins after the first day or terminates before the last day of any year as set forth in § 208 hereof, the sewer rental for such property for such year shall be for that portion of the year during which the said property is served; provided, however, that in making such apportionment, a fraction of a month amounting to 1/2 or more of a month shall be counted a full month, and a fraction of a month amounting to less than 1/2 of a month shall be disregarded.
1. 
The Office of the Executive Administrator/Secretary of the Borough of Fountain Hill is hereby charged with the duty of collecting all residential and commercial sewer rents and is authorized to adopt such regulations as may, in his/her discretion, seem fit and proper, subject to the approval of Borough Council.
2. 
The following provisions shall apply to the collection of all residential and commercial sewer rents:
A. 
Payment Discount. The sewer rental charge as set forth by Borough Council shall be subject to a 2% discount if paid within 30 days of receipt of the bill. The gross amount is to be paid if payment is made in the following 30 days.
B. 
Delinquent Rentals. Any sewer or rental charge not paid within 60 days after the date due shall be classified as delinquent. The Borough shall notify the property owner of the delinquency in writing, via first class, postage prepaid United States mail, at the last known address of the property owner.
(1) 
In the event that a property owner makes payments on a delinquent account, those payments shall be first applied to satisfying the delinquent charges until such delinquent charges are paid in full, at which time any excess monies collected will be applied against current fees, costs, interest, penalties and principal account balance.
[Amended by Ord. 825, 7/5/2016]
(2) 
The Executive Administrator is authorized, in appropriate cases, to enter into agreements permitting the property owner to make payments on his or her delinquent rentals.
(3) 
The Executive Administrator shall permit property owners to enter into the agreements mentioned in Subsection (2) above when (i) the gross household income for a property owner is less than or equal to the annual Poverty Guidelines as set forth by the United States Department of Health and Human Services, and (ii) the property owner does not owe more than $1,500 in delinquent rentals. This subsection may be amended from time to time by resolution of Borough Council as to the eligibility to enter into agreements.
(4) 
The monthly payment plans shall be completed as follows:
[Amended by Ord. No. 847, 12/3/2018]
(a) 
If the total amount of delinquent rentals is less than $500, the property owner may enter into a repayment plan not to exceed 90 days, with a minimum monthly payment equal to the total amount outstanding divided by three.
(b) 
If the total amount of delinquent rentals is equal to or greater than $500 but less than $1,000, the property owner may enter into a repayment plan not to exceed 120 days, with a minimum monthly payment equal to the total amount outstanding divided by four.
(c) 
If the total amount of delinquent rentals is equal to or greater than $1,000, the property owner may enter into a repayment plan not to exceed 180 days, with a minimum monthly payment equal to the total amount outstanding divided by six.
(5) 
If a property owner should fail to pay any current quarterly sewer charge while enrolled in a monthly repayment plan as set forth in Section 210.2B(4), any and all delinquent rentals owed pursuant to the repayment plan will become immediately due and payable.
(6) 
Failure to pay any installment of delinquent rental when due pursuant to any repayment plan entered into between the Borough and the property owner will result in an enforcement action, additional interest, late fees, costs of collection and attorney's fees.
(7) 
Third-Party Collection. The Borough account collection procedure and fees shall be as set forth below:
[Added by Ord. 820, 11/5/2015]
(a) 
The Borough shall engage the agency for the purpose of collecting delinquent accounts.
(b) 
The engagement of the agency shall be confirmed by a written agreement, and the agreement shall be approved by the Borough Solicitor and by a resolution of Borough Council.
(c) 
If sewer rentals and residential and commercial solid waste fees are not paid in full within 60 calendar days after the same become due and payable, said accounts, in addition to incurring the late charges and interest set forth in the Code of Ordinances of the Borough, shall be deemed "delinquent."
(d) 
Schedule of Fees. The Borough approves and adopts the following schedule of agency fees for services in connection with the collection of accounts, which is hereby determined to be fair and reasonable compensation for the services of such Agency:
1) 
The agency shall collect the balance due, interest and costs, and in addition thereto, collect 15% as its fee for the services provided, which 15% shall be added to the delinquent account and is not payable by the Borough.
2) 
The fifteen-percent fee may be modified from time to time by resolution of Borough Council.
3) 
After the account is assigned in accordance with the procedures of this subsection, the fifteen-percent fee will be due whether payment is made to to the agency or to the Borough.
(e) 
Collection Procedures. The following collection procedures are hereby established to be the policy of the Borough:
1) 
Accounts shall be assigned by the Borough Executive Secretary to the agency at such time as the account has been delinquent for two quarters. The Borough reserves the right to retain any delinquent account for collection by the Borough.
2) 
The agency shall make reasonable efforts at collecting the account, including:
a) 
Contacting the delinquent account holder by telephone; and/or
b) 
Contacting the delinquent account holder by mail.
3) 
The agency shall accept offers by account holders to establish payment plans to satisfy outstanding balances if the outstanding balance exceeds two quarters; however, if the nature of the delinquent account involves a municipal "claim" as defined by the Act, no payment plan shall exceed six months from the date that the service giving rise to the claim occurred as the Act imposes a six-month statute of limitations on municipal "claims." In the event that there is a question as to whether the account is subject to this six-month statute of limitations, the agency shall consult with the Borough Solicitor to ensure that the statute of limitations does not expire. If the rental is not paid after 30 days' notice, the agency may collect it by an action in assumpsit, or by lien filed in the nature of a municipal lien.
4) 
Any agency fees assessed in accordance with the foregoing fee schedule paid to the Borough shall be forwarded to the agency in accordance with the terms of the Borough's written agreement with the agency.
5) 
All collection procedures shall be reviewed and approved by the Borough Solicitor prior to implementation.
6) 
The agency is authorized to exercise all reasonable and legal remedies provided by law and including, but not limited to, the Municipal Claim and Tax Lien Act of 1923, as amended (MCTLA), 53 P.S. 7101 et seq. and the ordinance adopted by Borough of Fountain Hill relating to the collection of sewer fees and residential and commercial solid waste fees.
7) 
The agency shall provide the Borough with a monthly report in a form acceptable to the Borough, which shall include satisfactory statistics on the outstanding delinquent accounts. Each monthly report shall also include an analysis of the month and year to date activity, including, without limitation, the percentage of resolved delinquencies, projected collections for the next month and actual collections for the reported month. Payments made to the agency by residents or property owners shall be paid to the Borough within 30 days of its receipt. All payments to the Borough shall state the following information: name of resident or property owner; address; amount of sewer fee paid and/or amount of residential and commercial solid waste fees paid.
(f) 
The Borough Secretary shall immediately notify the agency upon receipt of all: (a) petitions or "proof of claims" for bankruptcy that concern a delinquent account; and (b) notices of sheriff sale, judicial sale, or tax sale that concern a delinquent account.
(g) 
Covenants; representations and warranties. In performing its duties under this Subsection, the agency represents, warrants and covenants that the agency shall comply with all applicable federal, state and local laws, statutes, regulations and ordinances, including but not limited to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., the Pennsylvania Fair Debt Collection Practices Act, 18 Pa.C.S.A. § 7311 et seq., and the Municipal Claims and Tax Liens Act, 53 P.S. § 7101 et seq. Further, the agency, while pursuing its duties under this subsection, shall at all times maintain and protect the good name and representation of the Borough.
C. 
Enforcement Actions.
(1) 
Legal Actions; Filing of a Lien. Such sewer or rental charge shall be a lien on the properties charged with the payment thereof, from the date set forth in this section, and if not paid after 30 days' notice or, if applicable, within the time frames set forth in Section 210.2B(4), may be collected by an action of assumpsit in the name of the Borough against the owner of the property charged, or by distress of personal property on the premises, or by a lien filed in the nature of a municipal lien. All proceedings under this action shall be subject to an attorney's commission in the statutory amount of 5% the amount outstanding, provided that notice is given to the property owner as provided by law. Notice shall mean delivery of the sewer rental bill by ordinary mail to the owner of the premises.
(2) 
Shutting Off Water if Sewer Rentals or Charges Are Not Paid; Notice; Statement of Defense.
(a) 
If the owner or occupant of any premises served by the Borough sewer system shall neglect or fail to pay the sewer rentals within 30 days after the date of the notice of intent to shut off the water, the Borough may request the City of Bethlehem, the utility supplying the Borough residents with water, to shut off the supply of water to such premises until all such overdue rentals and charges, together with any penalties and interest, until all such overdue rentals and charges, together with any costs, penalties, fees and interest thereon, shall be paid to the Borough. Upon such request, the City of Bethlehem is hereby authorized and required to shut off the supply of water to such premises until all such overdue rentals and charges, together with any costs, penalties, fees and interest thereon shall be paid to the Borough.
(b) 
In no case shall the water supply be shut off to any premises until 10 days after written notice of an intention to do so has been mailed to the person liable for payment of the rentals or charges and there has been posted a written notice in a conspicuous spot at the main entrance to the premises. If during such ten-day period, the person liable for the payment of the rentals or charges delivers to the Borough or the City of Bethlehem, a written statement, under oath or affirmation, stating that he/she has a just defense to the claim, or part of it, for such rentals or charges, then the water supply shall not be shut off until the claim has been judicially determined. The statement shall also contain a declaration under oath or an affirmation that it was not executed for the purpose of delay.
(c) 
Nothing contained in this section shall authorize the Borough or the City of Bethlehem to shut off or deny water service to any lessee or a property because a previous lessee failed to pay the sewer rental charge.
(d) 
If requested by the City of Bethlehem, the Borough shall pay to the City the mutually agreed cost of such shutoff service and the estimated loss of water revenues resulting from such shutoff. Any such costs shall be reimbursed by the owner or occupant of the premises at which the water is shut off.
(e) 
The Borough may enter into a long-term agreement with the City of Bethlehem for the performance of such water shutoff services; which agreement shall be binding upon the City of Bethlehem, its successors and assigns.
(f) 
The Borough Council may, by resolution, adopt such rules and regulations as are necessary to effectuate the purposes of this section.
[Ord. 188, 7/14/1954, § 11; as amended by Ord. 534, 9/6/1994; by Ord. 649, 10/2/2000; and by Ord. 752, 4/5/2010, § 2]
Any sewer or rental charge not paid within 60 days after the date due shall bear interest at the maximum rate permitted by law. As of the effective date of this section, the maximum rate of interest permitted by law is 6%.
[Ord. 188, 7/14/1954, § 12]
No sewer rental is hereby imposed on properties outside the Borough of Fountain Hill from which sewage and other liquid wastes are discharged into the sewers of the Borough under an agreement between the Borough of Fountain Hill and any other political subdivision of the commonwealth nor upon properties within the Borough where sewer facilities are not available.
Sewage and other liquid wastes from properties outside the Borough of Fountain Hill which are not included in the terms of any agreement between the Borough of Fountain Hill and the political subdivisions in which such property is situated shall not be discharged into the sewers or sewage system of the Borough of Fountain Hill in the absence of a contract, in writing, between the owner of such property and the Borough of Fountain Hill aforesaid which grants such right to such property owner and fixes the rentals or charges therefor.
[Ord. 188, 7/14/1954, § 13]
In the event that an analysis of any sewage waste determines that such sewage waste requires special treatment at the sewage treatment plant of the City of Bethlehem, the Borough of Fountain Hill shall have the right to collect the cost of such special treatment from the persons, firms and corporations discharging such waste into the Borough's sewer system.
[Ord. 188, 7/14/1954, § 14]
1. 
Industries, including hospitals, discharging wastes resulting from any manufacturing or industrial processes or resulting from the operation of a hospital shall be charged a sewer rental based upon the volume and concentration of each industry's or hospital's sewage waste as determined by measurement and analysis of the waste of each industry or hospital discharging industrial or hospital wastes, as above set forth, in the sewer system of the Borough of Fountain Hill. The amount of sewer rental charged against each industry or hospital discharging industrial or hospital sewage wastes into the Borough's sewer system shall be determined quarterly, in the manner hereinafter set forth, and shall be payable to the Borough in quarterly annual installments in accordance with statements therefor forwarded by the Borough to each industry or hospital subject to such quarterly sewer rental charge. The concentration of waste is defined as the biochemical oxygen demand (BOD) and the chlorine demand (CD). Volume of flow shall be determined as stated in §§ 203, 204, 205 and 206 of this Part 2.
2. 
The concentration of a waste shall be determined by collection and analysis of quarterly samples of said waste, composited over the period of a working day of the industry or hospital discharging said waste. Said samples shall be collected and analyzed by the Borough Engineer or his qualified assistants. Analyses of samples shall be performed in accordance with methods prescribed in the most recent edition of "Standard Methods for the Examination of Water and Sewage, American Public Health Association."
3. 
The formula to be used in computing industrial or hospital waste sewer rentals or charges shall be the same as in use by the City of Bethlehem, which is as follows:
R = (Vs x F1) + (Vl x F2) + (Vl x BOD 165 + Vl x CD 10) F3, in which
Where:
R
=
Rental or charge, per year.
Vs
=
Volume of sanitary sewage discharged from the industry in thousands of gallons.
Vl
=
Volume of industrial or hospital waste discharged from the industry or hospital in thousands of gallons.
F1
=
A factor based upon the cost of treating a thousand gallons of sanitary sewage.
F2
=
A factor based upon the fixed cost of treating a thousand gallons of industrial or hospital waste.
F3
=
A factor based upon the variable cost of treating a thousand gallons of industrial or hospital waste having a BOD and chlorine demand in excess of 165 and 10 parts per million, respectively, which is the average BOD and chlorine demand of normal domestic sewage from the Borough of Fountain Hill. The cost of treatment is determined by fixed charges plus the cost of labor, chemicals, fuel and electrical energy required for maintenance and operation of the complete sewerage system.
The fixed and variable costs of treatment are based upon the costs established by the City of Bethlehem and the Bethlehem Authority.
[Ord. 188, 7/14/1954, § 15]
Stormwater and all other unpolluted drainage, including cooling water, shall be excluded from the sanitary sewer system and discharged to such sewers as are specifically designated by the Borough Engineer or to a natural outlet or stream, after approved by the Borough Engineer, his qualified assistants or other Borough designates, as being noninjurious to the sewer or receiving body of water.
[Ord. 188, 7/14/1954, § 16]
When required by the Borough Engineer, the owner of any property served by a building sewer carrying industrial or hospital waste shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Borough Engineer. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
[Ord. 188, 7/14/1954, § 17]
No statement contained in this Part 2 shall be construed as preventing any special arrangement or agreement between the Borough of Fountain Hill and any industrial concern or hospital whereby an industrial or hospital waste of unusual strength or character may be accepted by the Borough for treatment, subject to payment therefor by the industrial concern or hospital.
[Ord. 188, 7/14/1954, § 18]
Any industry or hospital which is connected to the sewer system, and is discharging industrial or hospital wastes thereto, and shall change its methods of operation so as to alter the type of wastes previously discharged, shall notify the Borough Engineer 10 days previous to such change, so that the Borough Engineer or his qualified assistants or other Borough designates can sample the waste immediately after the change takes place and determine whether or not the new waste is injurious to the sewer system.
[Ord. 188, 7/14/1954, § 19]
The Borough of Fountain Hill, by and through its duly authorized representatives, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, reading of meters, sampling and testing, in accordance with the provisions of this Part 2.
[Ord. 188, 7/14/1954, § 20]
In the event that any water or sewer meters herein referred to come into disrepair or become damaged or broken under such circumstances as make an accurate measurement impossible, the Borough may assess a sewer rental or charge based upon the sewer rentals or charges paid by property owners who own properties having the same or similar sewer connections.
[Ord. 188, 7/14/1954, § 21]
If any provisions, sentence, clause, section or part of this Part 2 is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this Part 2. It is hereby declared as the intent of the Borough Council that this Part 2 would have been adopted had such unconstitutional, illegal or invalid provisions, sentence, clause, section or part not been included herein.
[Ord. 711, 5/2/2005]
Any person who shall violate any rules, regulations or provisions set forth in this Part 2 of Chapter 18 of the Code of Ordinances shall be liable, upon conviction by a District Magistrate or other court having jurisdiction, and shall pay a fine of not more than $300 and costs of prosecution, or undergo imprisonment for not more than 90 days. Failure to pay monthly, quarterly or annual rental (whichever billing period is established by the Borough) within the time period established by this Part 2 shall constitute a separate offense and shall be punishable as such.