[Adopted 2-8-1965 by Ord.
No. 128 (Ch. 18, Part 2, of the 1990 Code of Ordinances)]
[Amended 10-2-1990 by Ord. No. 244; 9-1-1992 by Ord. No. 252]
Unless the context specifically indicates otherwise, the meanings of the terms used in this Article II shall be as follows:
The Adamstown Borough Authority of Lancaster County.
The Borough of Adamstown.
The extension from the sewage drainage system of any structure
to the lateral of a sewer.
A fee based upon the actual cost of the connection of the
property extending from the sewer main to the property line or curb
stop of the property so connected, including reasonable costs for
inspection and restoration.
Any solid, liquid or gaseous substance or waterborne wastes
or form of energy rejected or escaping from any industrial, manufacturing,
trade or business process or from the development, recovery or processing
of natural resources, as distinct from sanitary sewage.
That part of the sewer system extending from a sewer to the
curbline or alley line.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the sewered area.
Any individual, partnership, company, association, estate,
trust, society, corporation or other group or entity.
Normal water-carried household and toilet wastes from residences,
business buildings, institutions, commercial and industrial establishments.
Any pipe or conduit constituting a part of the sewer system,
used or usable for sewage collection purposes, and to which groundwater,
surface water or stormwater is not admitted intentionally.
All facilities, as of any particular time, for collecting,
pumping, treating and disposing of sanitary sewage and owned or operated
by the Borough or the Authority.
That portion of the Borough in which there shall be constructed
a sewage collection system, as from time to time constructed and extended.
A fee imposed under the authority of the Municipality Authorities
Act[1] to enable the recovery of the Authority's equity in the
sewer system and which has been imposed by the Authority.
[1]
Editor's Note: See now the Municipality Authorities Act, 53
Pa.C.S.A. § 5601 et seq.
[Amended 5-5-1981 by Ord.
No. 193; 12-27-1984 by Ord. No. 205; 3-4-1986 by Ord. No. 209; 9-1-1992 by Ord. No. 252]
A.
The owner of any property, prior to connection of such property to
the sewer system, shall pay to the Authority a tapping fee in an amount
fixed by the Authority and shall, if applicable, pay a connection
fee.
B.
For laterals installed at the cost of the Borough there is hereby
imposed upon the owner of each such property a connection fee in an
amount to be determined at the time of the installation of the lateral
based upon all labor and material costs, including excavation, backfilling
and resurfacing, necessary for the installation of the lateral and
any related accessories and appurtenances.
C.
No person shall uncover, connect with, make any opening, or use,
alter or disturb in any manner any sewer of the sewer system without
first obtaining a permit from the Borough.
D.
No person shall make or cause to be made a connection of a property
with a sewer until the following conditions have been fulfilled:
(1)
The Secretary of the Borough shall have been notified at least 24
hours in advance of the time when such connection will be made.
(2)
The required permits shall have been obtained.
(3)
The tapping fee imposed by the Authority shall have been paid.
(4)
The connection fee imposed by the Borough, if any, shall have been
paid.
(5)
Any required street opening permit has been obtained and paid for
by the owner.
(6)
The plans relating to the connection shall have been approved by
the Borough and/or the Authority.
E.
All costs and expenses of constructing building sewers and all costs
and expenses of connecting a building sewer to a lateral shall be
borne by the owner of the property to be connected.
[Amended 5-5-1981 by Ord.
No. 193; 1-4-1983 by Ord. No. 196; 12-27-1984 by Ord. No. 205; 3-4-1986 by Ord. No. 209; 1-6-1987 by Ord. No. 216; 10-6-1987 by Ord. No. 222; 3-4-1997 by Ord. No. 281]
A.
Effective for the quarterly billing covering the period beginning January 1, 2022, and thereafter, there is hereby imposed upon the owner of each property serviced by the sewer system quarter-annual sewer rentals based upon water consumed as determined by the quarterly readings of water meters or by quarterly readings of such discharge or other meters as may be installed pursuant to Subsection D of this § 237-11 as follows:
[Amended 12-28-1999 by Ord. No. 293; 12-5-2000 by Ord. No. 298; 6-25-2002 by Ord. No. 304; 12-3-2002 by Ord. No. 305; 1-9-2007 by Ord. No. 336; 12-4-2018 by Ord. No. 393; 2-1-2022 by Ord. No. 413]
(1)
For all properties served by the sewer system other than properties which are subject to the provisions of Article VI, Industrial Waste Discharge, of this chapter:
B.
In those cases where properties do not have water meters and are
serviced by the sewer system, there is hereby imposed a quarter-annual
sewer rental of $100; provided, however, that the Borough, in its
sole discretion, may install at the owner's expense or require the
owner to install a water meter conforming to the standards established
by the Borough in such cases. If such properties have more than one
separate family dwelling unit, apartment, store or commercial facility,
or building, the quarterly sewer rental of $100 shall apply to each
unit.
[Amended 12-28-1999 by Ord. No. 293; 12-5-2000 by Ord. No. 298; 12-4-2018 by Ord. No. 393; 2-1-2022 by Ord. No. 413]
C.
In any case where a property with more than one water user has a single water meter, the minimum sewer rental charge of $68.11 per quarter set forth in Subsection A(1) of this section is hereby imposed for each separate family dwelling unit, apartment, store or commercial water user, or separate building. In such cases, if the water used in any quarter is in excess of 3,000 gallons multiplied by the number of minimum rentals paid, the sewer rentals at the per-one-thousand-gallon rate set forth in Subsection A(1) of this § 237-11 shall apply to such excess.
[Amended 12-28-1999 by Ord. No. 293; 12-5-2000 by Ord. No. 298; 6-25-2002 by Ord. No. 304; 12-3-2002 by Ord. No. 305; 1-9-2007 by Ord. No. 336; 12-4-2018 by Ord. No. 393; 2-1-2022 by Ord. No. 413]
D.
Whenever an owner demonstrates to the satisfaction of the Borough
that a substantial part of the water measured by a water meter is
not discharged into the sewer system, the Borough may permit installation
of a sewage meter or meters approved by the Borough at the owner's
expense in order to determine the quarterly rate of sewage or waste
actually discharged into the sewer system.
E.
Whenever a property connected to the sewer system uses water from
a source other than the Borough water system, the owner shall, if
notified by the Borough, at his expense, install a sewage meter or
meters approved by the Borough.
[Amended 1-6-1987 by Ord.
No. 216; 10-2-1990 by Ord. No. 244; 9-1-1992 by Ord. No. 252]
A.
All sewer rentals, together with any penalties thereon, shall be
paid by the consumer to the Borough for the use of the Borough at
the times and in the manner hereinafter specified.
B.
The sewer rentals herein imposed shall be computed quarterly for
the calendar quarters beginning on January 1, April 1, July 1 and
October 1 of each calendar year. Sewer rentals shall be billed for
the preceding calendar quarter. Sewer rentals shall be paid on or
before the 30th day after the mailing date indicated on the bill.
[Amended 4-5-2011 by Ord.
No. 358]
(1)
If the consumer fails to pay the bill for sewer rentals within 30
days after the date of mailing indicated on the bill, such bill shall
be deemed delinquent. A penalty of 10% shall be added to such bill
plus any certified and other mailing costs and any nonsufficient funds
charges incurred by the Borough. The amount of the bill, plus the
ten-percent penalty, plus other charges shall thereafter constitute
the gross sewer bill.
(2)
The gross bill shall bear interest at the rate of 1 1/2% per
month or fraction thereof beginning 30 days after the mailing date
indicated on the sewer bill. This is an annual percentage rate of
18%. Interest shall continue to accrue until the delinquent account
is paid in full.
(3)
In the event that the Borough institutes a civil action to collect
delinquent sewer rentals, the consumer shall be responsible for all
costs arising out of the civil action, including but not limited to
filing fees and the costs of service of process (whether by certified
mail or other means).
(4)
Each consumer shall be responsible for all costs which the Borough
incurs in filing a municipal lien to secure payment of delinquent
sewer rentals, including but not limited to certified mail charges
for notification of intent to include attorneys' fees in the amount
of the municipal lien, attorneys' fees, and filing fees.
C.
In the event that a consumer fails or refuses to pay sewer rentals
due and/or penalties imposed thereon, Borough Council may direct the
Borough Solicitor to file a municipal claim against the property to
which such sewer service has been provided.
D.
Every owner shall keep the Borough advised of his correct address.
Failure of any owner to receive his quarterly bill shall not be considered
an excuse for nonpayment, nor shall such a failure result in an extension
of time during which the net bill is payable.
E.
The person appointed by Borough Council to collect the sewer rentals
shall furnish a bond in an amount reasonably estimated to reflect
the sewer rentals and fees to be collected on a quarterly basis or
such greater amount as may be required by any loan documents or trust
indenture, conditioned for the faithful performance of such duties,
which bond shall be approved by Borough Council.
A.
If any person shall fail for 30 days after written notice from the
Borough to remedy any unsatisfactory condition with respect to a building
sewer, the Borough may refuse to permit such person to use the sewer
system until such unsatisfactory condition shall have been remedied
to the satisfaction of the Borough.
B.
The Borough reserves the right to refuse any person the use of the
sewer system or to compel the pretreatment of industrial wastes in
order to prevent discharge into the sewer system of harmful wastes.
C.
The Borough reserves the right to and may, from time to time, adopt,
revise, amend and readopt such rules and regulations as it deems necessary
and proper for the use and operation of the sewer system.
A.
The Borough shall have the right of access at all reasonable times
to any part of any property serviced by the sewer system as shall
be required for purposes of inspection, measurement, sampling and
testing, and for other functions relating to service rendered by the
Borough to its sewer system.
B.
Whenever a property is vacated, the owner must give notice to the
Borough Secretary of such fact and, until such notice is given the
owner, shall be responsible for sewage charges. When a vacancy is
properly reported, an allowance for the period of vacancy, if such
vacancy extends for a period of one billing quarter or more, shall
be made if it is shown to the satisfaction of the Borough that the
water system is properly secured against use. In addition, each property
owner must give to the Borough Secretary written notice of any change
of ownership of any improved property.
