[Adopted 2-4-1992 by Ord. No. 95]
Unless the context specifically indicates otherwise,
the meaning of the terms used in this article shall be as follows:
East Goshen Municipal Authority.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure for five days
at 20º C., expressed in terms of weight and concentration [milligrams
per liter (mg/l)].
[Added 12-1-1998 by Ord. No. 129]
Any structure intended to be used wholly or in part for the
purposes of carrying on a trade, business or profession or for social,
amusement, religious, educational, charitable or public uses.
The 15th day of each calendar quarter, i.e., January 15,
April 15, July 15 and October 15.
[Amended 4-22-2014 by Ord. No. 129-B-2014]
Any structure intended to be used wholly or in part for the
manufacturing, fabricating, processing, cleaning, laundering, assembly,
storage and distribution of any product, commodity or article.
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.
Any other type of dwelling unit not defined as a single-family
detached unit.
The normal water-carried household and toilet wastes from
residences, businesses, buildings, institutions and commercial and
industrial establishments.
Any person who may, from time to time, be placed in general
charge of the sewer system.
All facilities leased by the Township from the Authority
and operated by the Township for the collection, transportation, treatment
or disposal of sanitary sewage.
Mandatory.
Any structure intended to be occupied as a whole by one family.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquids and which is
removable by laboratory filtering.
[Added 12-1-1998 by Ord. No. 129]
The Township of East Goshen, Chester County, Pennsylvania.
A.
There is hereby imposed upon each property located
within the Township and served by the sewer system quarterly sewer
rents or charges at the rates and payable as hereinafter provided
for the use, whether direct or indirect, of the sewer system.
B.
There is hereby imposed by the Township upon each
owner of each property connecting to the sewer system a lateral inspection
charge as set forth from time to time by resolution of the Board of
Supervisors for each connection made, payable to the Township. This
charge shall reimburse the Township for the costs of the actual inspection
of the sewer lateral as well as the review and processing of the application.
C.
The East Goshen Municipal Authority may impose a tapping
fee pursuant to the applicable state statutes.
D.
Application for connection shall be made on the form
prescribed by the Township. Upon payment of such charges and fees,
the owner of each property shall be permitted, at his expense, to
connect to the sewer system, pursuant to the terms and conditions
established by the Township and/or the Municipal Authority.
E.
Assistance laws.
[Added 8-19-2003 by Ord. No. 129-J-03]
(1)
Commencing with the fourth quarter of 2003, any property
owner or tenant who is responsible for the payment of the sewer rentals
and charges which are imposed in this chapter, and who meets the requirements
of one of the following federal and commonwealth public assistance
laws, shall be eligible for a deduction of 5% from the face amount
of the bill:
(a)
The Senior Citizens Property Tax or Rent Rebate
Act, 72 P.S. § 4751-1 et seq.;
(b)
The Pharmaceutical Assistance Contract for the
Elderly Act (PACE), 62 P.S. § 2901 et seq.;
(c)
The Federal Food Stamp Act of 1977, as amended,
7 U.S.C.A. § § 2011 through 2030;
(d)
The Women's, Infants' and Children's Nutrition
Improvement Act, 62 P.S. § 2951 et seq.;
(e)
Aid to Families with Dependent Children, 42
U.S.C. § 601 et seq.; and
(f)
The Public Assistance Law, 62 P.S. § 401
et seq.
(2)
A discount shall not be taken nor applied to any account
which has an outstanding balance. Any property owner or tenant who
seeks to apply for such discount shall submit an application to the
Township on the forms provided by the Township Secretary.
[Amended 3-3-1998 by Ord. No. 95-A-98; 12-7-1999 by Ord. No. 129-L-99; 4-15-2003 by Ord. No. 129-E-03; 12-2-2003 by Ord. No. 129-P-03; 12-21-2004 by Ord. No. 129-U-04; 12-6-2005 by Ord. No. 129-J-05; 3-23-2010 by Ord. No. 129-H-10; 4-22-2014 by Ord. No.
129-B-2014]
A.
Multiple units or establishments. In the case of more than one dwelling
unit, commercial or industrial establishment, each thereof having
the use of the sewer system through one sewer connection, each unit
or establishment shall be charged the applicable rates set forth as
though each thereof were in a separate structure and as though each
thereof had a direct and separate connection to the sewer system.
B.
Fixed sewer rates shall be established and set from time to time
by resolution of the Board of Supervisors.[1]
[1]
Editor’s Note: In accordance with the provisions of this Subsection B, the fixed rates shall be established and set from time to time by resolution of the Board of Supervisors. Accordingly, the specific rates are no longer included in this section. Information on the current rates is available in the Township offices.
[Amended 12-7-1999 by Ord. No. 129-L-99; 12-2-2003 by Ord. No. 129-P-03; 3-2-2004 by Ord. No. 129-B-04; 12-21-2004 by Ord. No. 129-U-04; 3-23-2010 by Ord. No. 129-H-10; 4-22-2014 by Ord. No.
129-B-2014]
A.
Single-family dwelling units.
(1)
Variable rate.[1]
[1]
Editor's Note: In accordance with the provisions of Subsection F of this section, the variable rates shall be amended from time to time by resolution of the Board of Supervisors. Accordingly, the specific rates are no longer included in this section. Information on the current rates is available in the Township offices.
(2)
To determine the average water usage per quarter, the Township shall
calculate the average quantity of water used during the fourth quarter
of one year and the first quarter of the succeeding year (referred
to as the "fourth quarter-first quarter cycle"), as evidenced by meter
readings from water meters installed by the company which provides
public water or such other meters or measuring devices as may be installed
pursuant to the provisions of this article. The average water usage
value shall be updated annually for the July billing cycle.
[Amended 3-16-2021 by Ord. No. 129-B-2021]
(3)
Owners of single-family dwelling units that are served by public water and connected to the sewer system shall be charged a variable rate based on the average water usage computed in accordance with Subsection A(2). Single-family dwelling units that are conveyed or constructed during the year shall initially be charged a variable rate based on the average water usage for all single-family dwelling units connected to the sewer system that utilize public water until completion of the next fourth quarter-first quarter cycle after the unit was conveyed or constructed.
(4)
Owners of single-family dwelling units, including units conveyed
or built during the year, that are not served by public water but
connected to the sewer system shall be charged a variable rate based
on the average water usage for all single-family dwelling units connected
to the sewer system that utilize public water.
(5)
Owners of single-family dwelling units that are not served by public water may, at their expense, install a water meter in accordance with § 188-5B. The Township shall calculate a variable rate for these customers based on the quarterly water meter readings commencing with the completion of the first fourth quarter-first quarter cycle after the meter was installed. Single-family dwelling units with these meters, including those units conveyed or constructed during the year, shall initially be charged a variable rate based on the average water usage for all single-family dwelling units connected to the sewer system that utilize public water until completion of the next fourth quarter-first quarter cycle after the unit was conveyed or constructed. Meters shall be read in accordance with § 188-5C.
B.
Multifamily dwelling units.
(1)
Variable rate.[2]
[2]
Editor's Note: In accordance with the provisions of Subsection F of this section, the variable rates shall be amended from time to time by resolution of the Board of Supervisors. Accordingly, the specific rates are no longer included in this section. Information on the current rates is available in the Township offices.
(2)
To determine the average water usage per quarter, the Township shall calculate the average quantity of water used by each multifamily dwelling unit, based on either individual water meter readings or averaged in accordance with Subsection B(3) below, during the fourth quarter-first quarter cycle as evidenced by meter readings from water meters installed by the company which provides public water or such other meters or measuring devices as may be installed pursuant to the provisions of this article. The average water usage value shall be updated annually for the July billing cycle.
[Amended 3-16-2021 by Ord. No. 129-B-2021]
(3)
The owner of a multifamily dwelling unit served by public water that
does not have an individual water meter for the particular unit shall
be charged a variable rate calculated by dividing the average water
usage for the fourth quarter-first quarter cycle for all of the multifamily
dwelling units in the same development by the total number of multifamily
dwelling units in the same development. This variable rate structure
will apply to any units conveyed during the year.
(4)
The owner of a multifamily dwelling unit served by public water that has an individual water meter for the particular unit shall be charged a variable rate calculated in accordance with Subsection B(2). Multifamily dwelling units which are conveyed during the year shall initially be charged a variable rate in accordance with Subsection B(3) until completion of the next fourth quarter-first quarter cycle after the unit was conveyed.
(5)
The owner of a multifamily dwelling unit served by public water that does not have an individual water meter may, at his/her expense, install a water meter in accordance with § 188-5B, if permitted by the development. Initially after the installation of the water meter, the variable rate will be computed in accordance with Subsection B(3). Upon the completion of the first fourth quarter-first quarter cycle after the water meter was installed, the variable rate shall be calculated in accordance with Subsection B(2). Meters shall be read in accordance with § 188-5C.
(6)
The owner of a new multifamily dwelling unit(s) served by public water shall be charged a variable rate that is based on the average water usage for the fourth quarter-first quarter cycle for all of the existing multifamily dwelling units connected to the sewer system on public water until the completion of the first fourth quarter-first quarter cycle after the new multifamily dwelling unit(s) were occupied. Thereafter, the variable rate shall be calculated in accordance with Subsection B(2).
C.
Apartment dwelling units.
(1)
Variable rate.[3]
[3]
Editor's Note: In accordance with the provisions of Subsection F of this section, the variable rates shall be amended from time to time by resolution of the Board of Supervisors. Accordingly, the specific rates are no longer included in this section. Information on the current rates is available in the Township offices.
(2)
To determine the average water usage per quarter, the Township shall
calculate the average quantity of water used for all of the dwelling
units in the apartment development during the fourth quarter-first
quarter cycle as evidenced by meter readings from water meters installed
by the company which provides public water or such other meters or
measuring devices as may be installed pursuant to the provisions of
this article.
(3)
The owner of new apartment dwelling units served by public water shall be charged a variable rate that is based on the average water usage for the fourth quarter-first quarter cycle for all of the existing apartment dwelling units connected to the sewer system on public water until the completion of the first fourth quarter-first quarter cycle after the apartment dwelling unit(s) were occupied. Thereafter, the variable rate shall be calculated in accordance with Subsection C(2).
D.
Commercial and industrial establishments connected to the sewer system.
(1)
Variable rate.[4]
[4]
Editor's Note: In accordance with the provisions of Subsection F of this section, the variable rates shall be amended from time to time by resolution of the Board of Supervisors. Accordingly, the specific rates are no longer included in this section. Information on the current rates is available in the Township offices.
(2)
The quarterly variable usage rate for commercial and industrial establishments
shall be based on the actual quantity of water used for the quarter
being billed as evidenced by meter readings of water meters installed
by the company which provides public water or such other meters or
measuring devices as may be installed pursuant to any provisions of
this article and shall be subject to the minimum charges hereinafter
provided.
E.
Commercial and industrial establishments connected to East Whiteland
sewer system.
(1)
Variable rate.[5]
[5]
Editor's Note: In accordance with the provisions of Subsection F of this section, the variable rates shall be amended from time to time by resolution of the Board of Supervisors. Accordingly, the specific rates are no longer included in this section. Information on the current rates is available in the Township offices.
F.
Amendments. The variable rate for single-family dwelling units, multifamily
dwelling units, apartment dwelling units and all commercial and industrial
establishments shall be amended from time to time by resolution of
the Board of Supervisors.
G.
Water usage adjustments. The Township Manager, in his sole discretion,
shall determine the average water usage to be used in calculating
the variable rate when the preponderance of evidence indicates that
the usage data from the water company is in error or incomplete or
if the preponderance of evidence indicates that all or part of the
amount of water usage depicted by the water meter did not enter the
sewer system.
[Amended 5-4-2010 by Ord. No. 129-D-10; 4-22-2014 by Ord. No.
129-B-2014]
A.
Methods of measuring volume:
(1)
Whenever a person purchasing all water used from the water supplier
discharges sanitary sewage and/or industrial waste into the sewer
system, the volume of water used, as determined from meter readings
made by, or made available to, the Township, shall be used in computing
the sewer rentals.
(2)
In cases where persons have sources of water supply in addition to
or other than from the water supplier and discharge sanitary sewage
and/or industrial waste into the sewer system, such persons shall
install a meter on each additional supply, at their expense, in order
to determine the actual flows. The total amount of water used as shown
by these meter readings will be used in computing the sewer rentals.
(a)
Exception 1: The person occupying a single-family dwelling unit
shall be billed for sewer service based on the average of the usage
for the single-family dwelling units.
(b)
Exception 2: The person occupying a multifamily dwelling unit
that does not have individual meters for each dwelling shall be billed
based on the average for the units in that multifamily complex (i.e.,
total usage for the quarter for the multifamily complex divided by
the number of units in the multifamily complex equals the average
for each unit).
(3)
In cases where persons use water from the water supplier and/or from
any other source such that all or any part of the water so used is
not discharged into the sewer system, the quantity of water used to
determine the sewer rental shall be computed by one of the following
methods:
(a)
Method No. 1: by placing a meter or measuring device on the
sewer connection. The readings from this meter or measuring device
shall be used in computing the sewer rental.
(b)
Method No. 2: by placing a meter on the line supplying the fixture(s)
or device(s) not discharging into the sewer system. The reading from
this meter(s) will then be deducted from the total water meter readings
and the remainder will be used in computing the sewer rentals.
(c)
Method No. 3: When, in the opinion of the Sewer Manager, it
is not desirable or not practical to install meters or devices to
continuously determine the quantity of water not discharged to the
sewer system, the Sewer Manager will determine, in such manner and
by such method as he may prescribe, the percentage of metered water
discharged into the sewer system. This percentage shall be multiplied
by the water meter reading in order to compute the sewer rental.
B.
Measuring devices. All meters or measuring devices not provided by
the water supplier, but otherwise used or required under the provisions
of this article, shall be furnished and installed by the property
owner and shall be approved, tested or inspected by the Township whenever
deemed necessary. The owner of the property upon which such measuring
device is installed shall be responsible for its maintenance and safekeeping,
and all repairs thereto shall be made at the property owner's expense.
A permit is required prior to the installation of a meter or measuring
device which is not supplied by the water company. The Board of Supervisors
shall, by resolution, impose a fee for the issuance of the permit
and the costs to inspect the meter or measuring device.
C.
Meter reading. The Township shall be responsible for the reading
of all meters or measuring devices, unless such readings are otherwise
made available to the Township by the water supplier, and such meters
or devices shall be made available to Township employees for meter
reading at any reasonable time. The Board of Supervisors shall, by
resolution, impose a fee for the cost to read the meter or measuring
device.
[Amended 11-16-2004 by Ord. No. 129-S-04; 4-22-2014 by Ord. No.
129-B-2014]
A.
Industrial waste or other waste not defined as sanitary sewage shall
not be discharged into the sewer system.
B.
Exclusion of industrial waste:
(1)
Permissible discharges. All wastewater discharged into the sewer
system shall be of a domestic strength and composition. A permit is
required for the discharge of any waste not defined as sanitary sewage.
Any wastewater which is not of domestic origin shall be pretreated
to domestic strength and composition or a level acceptable to the
Authority. Discharges of nondomestic strength origin will be permissible
by permit only.
(2)
The Township reserves the right to refuse connection to the sewer
system, to disconnect a sewer or to compel pretreatment of industrial
waste in order to prevent discharge to the sewer of industrial waste
deemed to be harmful to the sewage collection system or sewage plant
or to have a deleterious effect on the sewage treatment or sludge-handling
processes of the receiving stream or which would cause a violation
of any existing sewage treatment agreement or permit of the Township.
C.
Industrial waste rates. In the event that the Township consents to
accept industrial waste into the sewer system, having total suspended
solids (tss) in excess of 300 parts per million (ppm) and biochemical
oxygen demand (BOD) in excess of 250 ppm, the total charge shall be
determined in accordance with the following formula:
|
Total charge
|
=
| ||
|
Q + [(0.001 x Q) x (BOD in ppm - 250)] + [(0.001 x Q) x (tss
in ppm - 300)]
| |||
|
Where:
| |||
|
Q
|
=
|
variable rate charge
| |
|
BOD
|
=
|
biochemical oxygen demand
| |
|
tss
|
=
|
total suspended solids
| |
|
ppm
|
=
|
parts per million
| |
D.
Surcharge for extra strength. The total charge for sewage having concentrations in excess of the levels set forth in Subsection C above shall be determined in accordance with the following formula:
|
Total charge = Q + 0.001 Q (BOD in ppm - 250) + 0.001 Q (SS
in ppm - 300)
| |||
|
Where:
| |||
|
Q
|
=
|
variable rate charge (§ 188-6C)
| |
|
SS
|
=
|
suspended solids
| |
|
ppm
|
=
|
parts per million
| |
No person shall discharge into the sewer system
any exhaust steam or any oils, tar, grease, gas, benzene or other
combustible gases or liquids, any garbage (unless treated in an approved
manner), offal, insoluble solids or other dangerous or harmful substances
which would adversely affect the functioning of the sewer system or
the processes of sewage treatment or the receiving stream.
A.
No person shall discharge into the sewer system any
groundwater and/or surface water by means of a sump pump and/or floor
drain. The Township shall have the right to inspect any or all connections
at any time.
B.
Each property owner shall maintain its connection/lateral
so as to prevent and prohibit the introduction of groundwater and/or
surface water in the sewer system.
The Sewer Manager, in his sole discretion, shall
determine the classification of all uses. If use or classification
of any property should change within any quarter, the difference in
sewer rental, prorated on a monthly basis to the nearest calendar
month, will be charged or credited, as the case may be, on the bill
for the succeeding quarter. Additional classifications and additional
sewer rentals may be established by the Township from time to time.
[Amended 2-17-2009 by Ord. No. 129-C-09; 4-22-2014 by Ord. No. 129-B-2014]
A.
The connection fee imposed and collected by the Township and the
tapping fee imposed by the Authority and collected by the Township
as its agent shall be payable by the title owner of the real property
for which such fee is imposed upon application for permit to make
the connection.
B.
Sewer rentals or charges shall be paid quarterly by the title owner of the real property to which such rentals or charges have been imposed, and shall be mailed by the Township to that address, unless and until a different address is specified, in writing, by the owner of such property, delivered to the Township by certified first-class United States mail, return receipt requested. Failure of the property owner to receive a bill as a result of an outdated or incorrect address, failure by a tenant to forward the bill to the owner or any other reason shall not excuse the timely payment of sewer rentals and charges or extend the time for payment thereof. It shall be incumbent upon all property owners to provide the Township with the correct billing address or any changes thereto. Quarterly billings for sewer rentals shall be made by bills dated on the 15th day of January, April, July and October of each year (known as the "due date") for the quarterly calendar period immediately succeeding the date of the bill. The bills for sewer rentals under § 188-3 for the first quarter during which a property is connected will be prorated on the basis of the quarterly rate. All bills shall be due and payable on their respective due dates.
[Amended 3-3-1998 by Ord. No. 95-A-98; 8-19-2003 by Ord. No. 129-J-03; 2-22-2011 by Ord. No. 129-A-11; 4-22-2014 by Ord. No. 129-B-2014]
A.
All sewer bills shall be payable on the due date. When the 45th day
from the due date falls on either a weekend or a holiday on which
the Township building is closed, payments that are received before
the close of business on the next business day immediately following
the 45th day shall be deemed to have been paid on time and no penalty
shall be applied. If the sewer bill is not paid within 45 days of
the due date, a penalty of 5% shall be added to the total amount of
the bill. In addition, interest shall be applied to arrears at the
rate of 5/6 of 1% per month, or fraction thereof, 45 days after the
due date and every month thereafter.
[Amended 11-15-2016 by Ord. No. 129-E-2016]
B.
The process for the collection of delinquent sewer rentals shall
be as set forth from time to time by resolution of the Board of Supervisors.
C.
All sewer rentals not paid within six months following the month
in which bills were mailed shall be deemed to be delinquent. In addition,
any costs and/or attorney's fees incurred by East Goshen Township
for the collection of delinquent sewer rentals shall be added to the
unpaid sewer rent along with penalties and interest as set forth above,
and the aggregate of the same shall be entered as a lien on the property
served. The costs of filing and removing the liens shall be established
by the Board of Supervisors by resolution.
D.
All persons connected to the sewer system shall provide the Township
their correct address. Failure to receive bills will not be considered
an excuse for nonpayment nor permit an extension of the period during
which bills are payable at face.
The funds received by the Township from the
collection of the connection fees imposed by the Township from tapping
fees imposed by the Authority and to be collected by the Township
as its agent, from sewer rentals and charges and all penalties thereon,
as herein provided for, any fines collected by the Township in connection
with the sewer system and any other funds received in connection with
the sewer system shall be segregated, earmarked and deposited in a
separate fund, to be designated the "sewer revenue account," and shall
be used only for the purpose of defraying the expenses of the Township
in the operation, maintenance and repair of the sewer system and for
such payments as the Township may be required to make under any lease
or agreement it may enter into for and of or in connection with said
sewer system with the Authority in accordance with the provisions
of the Municipal Authorities Act of 1945, Act of May 2, 1945, P.L.
382, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 301
et seq.
The Sewer Manager is hereby charged with the
duties of collecting all sewer charges and collection charges imposed
by the Authority. He is authorized to adopt such regulations with
respect to the subjects covered in this article as he may in his discretion
seem fit and proper. He shall also keep full, accurate and complete
records of all sewer rentals or charges, bills, receipts, payments
and transmittals of money to the Township.
The Authority may, in its sole discretion, contract with the owner of a specific property to provide a specific amount of sewage capacity. In the event that the sewage flow from this specific property exceeds the flow specified, it shall be deemed a violation and said property owner shall be penalized pursuant to § 188-16. Each day that the flow exceeds the permitted flow shall constitute a separate violation.
The rates and any rules and regulations hereunder
shall become effective on the date of their enactment and adoption
respectively and shall be applicable to all properties as soon as
they respectively become connected with and have the right to use
the sewer system, but in no event before the calendar quarter commencing
April 1, 1992. The Township reserves the right to make such changes
from time to time as in its opinion may be desirable or beneficial,
and to amend this article or to change the rates or charges in such
a manner and at such times as in its opinion may be advisable.
[Amended 5-7-1996 by Ord. No. 112; 3-4-1997 by Ord. No. 117]
Any person who violates or permits the violation
of any provision of this article shall, upon conviction thereof in
a summary proceeding brought before a District Justice under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense, and shall
be subject to the payment of a fine of not less than $100 and not
more than $1,000, plus the costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment in the county
prison for a term of not more than 30 days. Each section of this article
violated shall constitute a separate offense, and each day or portion
thereof in which a violation of this article is found to exist shall
constitute a separate offense, each of which violations shall be punishable
by a separate fine imposed by the District Justice of not less than
$100 and not more than $1,000, plus the costs of prosecution, or upon
default of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a term of not more than 30 days. All fines
and penalties collected for the violation of this article shall be
paid to the Township Treasurer.
In the event that any person illegally discharges
its wastes into the sewer system which causes damage to the system,
the sewage treatment plant, the receiving stream, the Township or
to any employee thereof, that person shall be liable for the damage
thereof, including but not limited to all costs incurred for restoration,
replacement, fines, etc., and the person shall be billed therefor.
Legal action may be taken to enforce collection and/or the Township
may terminate that person's connection to the sewer system.
