[HISTORY: Adopted by the Borough Council of the Borough of
South Waverly 12-2-2013 by Ord.
No. 12-02-13-03[1] (Ch. 111 of the 1992 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Authority — See Ch. 80.
Sewer Authority, Joint — See Ch. 124.
Municipal claims — See Ch. 361.
Sewers and sewage disposal — See Ch. 430.
[1]
Editor's Note: This ordinance also provided for an effective
date of 12-2-2013; further providing, however, that the first payment
of the increased amount be billed on 1-1-2014 and due on 1-31-2014
for the 2013 fourth quarter sewer rent.
There is hereby charged and imposed upon the owner of each connection
unit a tapping fee which shall be due and payable to the Borough:
A.
With respect to those owners who are required to connect to a sewer
by ordinance of the Borough, at the time the connection permit is
issued or 60 days after written notice to such owner to connect, whichever
date is earlier. Each owner shall pay a tapping fee in accordance
with the South Waverly Borough Tap-in Fee Schedule, 430 Attachment
3.
[Amended 12-6-2021 by Ord. No. 12-6-21]
Upon the completion of said section of the sewer system constructed
by the Authority, the Borough or others, the Borough shall give notice
to all owners required to connect to such section to connect thereto
and shall advise owners not required to connect of their opportunity
to do so. Each such owner who shall apply for a connection permit
within 120 days of the date of such notice shall pay a tapping fee
in accordance with the South Waverly Municipal Tap-in Fee Schedule.
Sewer rentals and charges are hereby established which shall
be payable by and collected from the owner of each sewer rental unit
upon which sanitary sewage or industrial waste is first discharged
into the sewer system from such sewer rental unit, whichever date
shall be later.
A.
[1]Effective January 1, 2014, the sewer rental for each residential
unit shall be $165 per quarter in arrears.
[1]
Editor's Note: Former Subsection A, regarding the current
sewer rental for each residential unit, was repealed 12-6-2021 by Ord. No. 12-6-21. This ordinance also redesignated former Subsection B as
Subsection A.
B.
Effective January 1, 2022, the sewer rental for each residential
unit shall be $165 per quarter in arrears payable to South Waverly
Borough.
[Added 12-6-2021 by Ord. No. 12-6-21[2]]
[2]
Editor's Note: This ordinance also provided that it shall
become effective on 12-6-2021; however, the first payment in the amount
of $165 will be billed on 1-1-2022 and due 1-31-2022 for the 4th quarter
2021 sewer rent.
[Amended 12-6-2021 by Ord. No. 12-6-21[1]]
All owners of nonresidential units shall pay a quarterly sewer
rental which shall be the greater of a sewer rental of $165 per equivalent
dwelling unit or a sewer rental based upon actual water consumption
or measured volume of wastewater, as hereinafter set forth for every
12,500 gallons, payable to South Waverly Borough.
A.
Volume measurement. The volume of water to be used for billing sewer
rentals to nonresidential units shall include any and all water purchased
from the water company or any other private or public water company,
and in addition all water obtained from any other source or sources
(wells, springs, streams, etc.) as determined:
(1)
By meters installed and maintained by the water company or any other
private or public water company.
(2)
By meters installed and maintained by the Borough.
(3)
By meters maintained and installed by the property owner as may be
approved by the Borough.
(4)
From estimates or measurements made by the Borough where metering
is considered impractical by the Borough.
B.
Excluded from the sewer system. The following properties are excluded
from the South Waverly Borough sewer system: all of the properties
on the west side of Pennsylvania State Route 220 and all of the properties
on the north side of New York Route 17, now Route 86.
C.
Amendments and modifications. Additional classifications and sewer
rentals or modifications of the above schedule of rentals may be established
or made by the Borough from time to time as deemed necessary.
[1]
Editor's Note: This ordinance also provided that it shall
become effective on 12-6-2021; however, the first payment in the amount
of $165 will be billed on 1-1-2022 and due 1-31-2022 for the 4th quarter
2021 sewer rent.
A.
Sewer rentals for residential and commercial units shall be billed
quarterly on the first day of each January, April, July and October
and shall be due and payable on the last day of each month billed.
B.
If the full amount of such bill shall not be paid within 30 days
from the date of billing, $15 shall be added thereto, which, together
with the face amount of the bill, shall become the gross amount thereof.
Any bill which remains unpaid after 60 days from the date thereof
shall be subject to a further penalty of $15 on the gross amount thereof
and so on, and so on, each month not paid.
C.
Failure of any owner to receive quarterly bills for sewer rentals
and charges due to the failure of such owner to notify the Borough
of his correct address or the failure of any owner to receive a correct
bill for sewer rentals and charges, by reason of the failure of such
owner to notify the Borough of the use or uses of which an improved
property or any portion thereof is made, pursuant to the notice requirements,
shall not excuse nonpayment or failure to pay the amount which would
be properly applicable to the use or uses of which said improved property
is made and shall not result in an extension of the period of time
during which the net bill shall be payable.
Delinquent bills for sewer rentals, together with all charges, expenses and fees added thereto, shall be collected in the manner provided by law, become a lien upon the property served and shall be collectible by the Borough against the owner of such property or be enforced against such property by the filing of a municipal claim under Chapter 361, Municipal Claims. The Borough shall also operate a program of water termination for properties that are eligible for termination.
[Amended 12-6-2021 by Ord. No. 12-6-21]
The Borough of South Waverly, by agreement with the South Waverly
Municipal Authority, assumed the power to regulate the sewer rates,
including increasing or decreasing said rates as deemed appropriate
by the Borough South Waverly. Furthermore, the Borough shall collect
the sewer accounts and institute legal action to collect delinquent
accounts, and the power to file municipal liens as required. Furthermore,
the Borough of South Waverly shall increase or decrease said rates
by ordinance of the Borough at a duly advertised Borough meeting.
