Borough of Sayre, PA Article VII Sewer Rentals and Charges

§ 137-38 Sewer rentals and charges established; collection.

Sewer rentals and charges are hereby established which shall be payable by and collected from the owner of each sewer rental unit from and after April 1, 1967 (the first billing to be on or about July 1, 1967), or from and after the date upon which sanitary sewage or industrial waste is first discharged into the sewer system from such sewer rental unit, whichever date shall be later.

§ 137-39 Residential units.

[Amended 8-25-1975; 5-31-1978 by Ord. No. 539; 10-22-1984 by Ord. No. 593;[1] 12-15-1986 by Ord. No. 620; 1-26-1987 by Ord. No. 622; 12-14-1987 by Ord. No. 638; 12-5-1988 by Ord. No. 650; 12-13-1999 by Ord. No. 774; 12-19-2005 by Ord. No. 839; 11-19-2009 by Ord. No. 872; 12-15-2011 by Ord. No. 884[2]; 11-21-2013 by Ord. No. 903[3]; 11-19-2018 by Ord. No. 947[4]]

The sewer rental for each residential unit shall be $141 per quarter in arrears. The sewer rental unit for each residential unit utilizing a grinder pump shall be $113 per quarter in arrears.

[1] Editor's Note: Section 3 of this ordinance provided as follows: "Funds raised under provisions first and second of this ordinance are anticipated to be in excess of $20,000 per year. Based on this expectation, $20,000 shall be held in a special account to be used for capital improvement projects of Sayre Borough, as to be decided by Sayre Borough Council. This is to fulfill HUD requirements for recapture of a total of $500,000 of UDAG funds for recycling within the borough."

[2] Editor's Note: This ordinance provided that it would become effective 1-1-2012; however, the first payment on the increased amount would be billed 4-1-2012 and due 4-30-2012 for the first-quarter 2012 sewer rent.

[3] Editor's Note: This ordinance provided that it would become effective on 1-1-2014; however, the first payment on the increased amount would be billed 4-1-2014 and due 4-30-2014 for the first-quarter 2014 sewer rent.

[4] Editor’s Note: This ordinance provided that it would become effective on 1-1-2019; however, the first payment on the increased amount would be billed on 4-1-2019, and due 4-30-2019, for the first quarter 2019 sewer rent.

§ 137-40 Nonresidential units.

[Amended 8-25-1975; 5-31-1978 by Ord. No. 539; 10-22-1984 by Ord. No. 593;[1] 12-15-1986 by Ord. No. 620; 1-26-1987 by Ord. No. 622; 12-14-1987 by Ord. No. 638; 12-5-1988 by Ord. No. 650; 12-13-1999 by Ord. No. 774; 12-19-2005 by Ord. No. 839; 12-20-2007 by Ord. No. 853; 11-19-2009 by Ord. No. 872[2]; 12-15-2011 by Ord. No. 884[3]; 11-21-2013 by Ord. No. 903[4]; 11-19-2018 by Ord. No. 947[5]]

Nonresidential unit charges shall be as follows: A sewer rental is based upon the actual water consumption or measured volume of wastewater as hereinafter set forth or a sewer rental based on the minimum sewer rental set forth in Subsection D or H of this section, if applicable to the nonresidential unit. For the purpose of computation of sewer rentals based on water consumption or volume of wastewater discharged into the sewer system, the amount shall be computed at the rate of $8.057 per hundred cubic feet or $10.743 per thousand gallons of water consumed or wastewater discharged into the sewer system during the quarter for which the billing is rendered.

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 Sayre 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 Sayre Water Company or any other private 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; or

(4) From estimates or measurements made by the Borough where metering is considered impractical by the Borough.

B. Excluded water.

(1) Exclusion from the sewer system and treatment plant of noncontaminated wastewaters may be required by the borough, or such exclusion may be optional with the property owner if not required by the borough. When such wastewaters are not discharged to the sewer system, sewer rentals shall be based upon total water consumption less wastewaters not discharged to the sewer system.

(2) Wastewaters not discharged to the sewer system may be determined from meters installed and maintained by the owner or from estimates or measurements made by the borough, or the owner may elect to measure the volume of wastes actually discharged to the sewer system as provided for below.

C. Sewer meters. The borough may require an industrial establishment or the industrial establishment may elect to install, pay for and maintain a meter approved by the borough for measuring wastewater discharged to the sewer system, in which case sewer rentals shall be based upon the actual volume of wastes discharged to the sewer system. Any premises used wholly or in part for the manufacturing, processing, cleaning, laundering or assembly of any product, commodity or article or any other premises from which process wastes, as distinct from domestic sewage, are discharged shall be classified as an industrial establishment for sewer rental purposes.

D. Minimum sewer rentals. Sewer rental billings to commercial and industrial establishments discharging sewage and/or wastewaters to the sewer system shall be not less than $0.85 per occupant per quarter based upon the average number of persons in regular occupancy per working day during the quarter for which the billing is rendered. Minimum sewer rentals per occupant under this subsection shall be applicable to all nonresidential units exclusive of schools, churches, hospitals, charitable institutions, public buildings and firehouses. The total billing to industrial establishments for any quarter shall be not less than 50% of the maximum billing of any one of the three consecutive preceding quarters.

E. Strength surcharge.

(1) Industrial establishments discharging combined sewage and process wastes to the sewer system with an average suspended solids content greater than 250 parts per million (ppm) and a chlorine demand in excess of 15 ppm shall pay a strength of waste surcharge in addition to applicable volume charges equal to 1/10 of 1% of applicable volume charges for each ppm by which the suspended solids of the combined discharge exceeds 250 ppm, plus 1/2 of 1% for each ppm by which the chlorine demand exceeds 15 ppm.

(2) The strength of combined waste used for establishing surcharges shall be determined at intervals deemed advisable by the borough or as may be requested by the industrial establishment. Combined waste strengths may be determined:

(a) By sampling and analysis over a three-day period during which time the strength of the combined discharge or production is at a maximum;

(b) By relating production and combined waste strengths at the time of sampling to waste strengths at maximum production if sampling is not performed at maximum production;

(c) From estimates made by the borough; or

(d) From known relationships or products produced to strengths of wastes for those industries where such factors have been established.

(3) The collection and analysis of waste samples for determining applicable surcharges shall be supervised by a registered professional engineer approved by the borough. All costs for waste sampling and analysis shall be paid by the party which desires that the waste be sampled and analyzed. The analysis of all waste samples collected to determine applicable surcharges shall be made by a laboratory approved by the borough in accordance with the latest edition of Standard Methods for the Examination of Water and Waste Water, as published by the American Public Health Association.

F. Inspection facilities. When directed by the borough, industrial establishments shall install, pay for and maintain a manhole or other devices as may be approved by the borough to facilitate observation, measurement and sampling of wastes discharged to the sewer system and treatment plant. The borough or its duly authorized representatives shall at all reasonable times be permitted to enter upon any and all properties for the purpose of inspecting, observing, measuring and sampling wastes discharged to the sewer system and treatment plant. Any industrial establishment that desires to connect with the sewer system or which is connected to the sewer system and plans to change its operation so as to materially alter the characteristics and volumes of wastes discharged therefrom shall notify the borough, in writing, at least 10 days before making such connection or changing its operations.

G. Installation and maintenance of meters. If the owner of any industrial establishment shall be required pursuant to the foregoing provisions to install a water meter or meters or a meter or meters for measuring wastewaters, it shall be the duty of such owner to furnish and install such meter at his own expense, and, in such case and also if such owner shall have voluntarily installed such meter or meters, such owner shall be required to maintain the same in good operating condition and make all necessary repairs and replacements. If the owner, being obligated so to do, shall fail to furnish or install such meter or meters or shall fail to maintain the same as above provided, then in any such case after 10 days' written notice by the borough to perform such obligation, the borough may enter onto such property at all reasonable times and install such meter or meters or repair and maintain the same, as the case may be, and charge the cost of such installation or repair to such owner. Bills for such installation or repairs, if made by the borough, shall be due and payable immediately upon completion of the work and then shall be collected in the same manner as quarterly bills for sewer rentals and charges.

H. Minimum sewer rental for schools. Sewer rental billings to schools shall be not less than $1.35 per pupil per quarter based upon the average number of pupils enrolled on days when the school was in session during the full school term immediately preceding the date of each sewer billing rendered. Teachers and employees of the school shall be classified as pupils for sewer rental purposes.

I. 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: Section 3 of this ordinance provided as follows: "Funds raised under provisions first and second of this ordinance are anticipated to be in excess of $20,000 per year. Based on this expectation, $20,000 shall he held in a special account to he used for capital improvement projects of Sayre Borough, as to be decided by Sayre Borough Council. This is to fulfill HUD requirements for recapture of a total of $500,000 of UDAG funds for recycling within the borough."

[2] Editor's Note: This ordinance provided an effective date of 1-1-2010.

[3] Editor's Note: This ordinance provided that it would become effective 1-1-2012; however, the first payment on the increased amount would be billed 4-1-2012 and due 4-30-2012 for the first-quarter 2012 sewer rent.

[4] Editor's Note: This ordinance provided that it would become effective on 1-1-2014; however, the first payment on the increased amount would be billed 4-1-2014 and due 4-30-2014 for the first-quarter 2014 sewer rent.

[5] Editor’s Note: This ordinance provided that it would become effective on 1-1-2019; however, the first payment on the increased amount would be billed on 4-1-2019, and due 4-30-2019, for the first quarter 2019 sewer rent.

§ 137-41 Time and method of payment; penalties; interest.

[Amended 3-22-1983 by Ord. No. 573]

A. Sewer rentals for residential units shall be billed quarterly on the first day of each January, April, July and October, commencing July 1, 1967, and shall be due and payable immediately. Sewer rentals for nonresidential units shall be billed quarterly on such dates or as soon thereafter as necessary data to prepare such bills for the quarter next preceding such dates shall become available and shall be due and payable immediately upon receipt by the owner of such nonresidential unit.

B. If the full amount of such bill shall not be paid within 30 days from the date of billing, 10% of the face amount of the bill shall be added thereto, which, together with the face amount of the bill, shall become the gross amount thereof. Said delinquent accounts shall also be subject to water termination procedures as set forth in an agreement with the Pennsylvania Water Company. Notwithstanding the above, interest charges at a monthly rate of 3/4% shall be imposed on all delinquent bills and charges or unpaid balances beginning 90 days after the date that the rental charge was first assessed under Subsection A above, resulting in an annual interest charge of 10%.

[Amended 4-17-1989 by Ord. No. 657; 8-21-1995 by Ord. No. 728]

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 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 of § 137-51, 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.

D. Where the borough has required a residential property to be connected into the sanitary sewer system, and where elevations require the property to use a grinder pump to have first-floor discharge of sewage, the sewer rental charge shall be reduced by $10 per quarter.

[Added 8-21-1995 by Ord. No. 728]

§ 137-42 Apportionment.

Whenever sewer service to any sewer rental unit begins after the first day or terminates before the last day of any quarter, the sewer rentals for such sewer rental unit for such quarter shall be for that portion of the quarter during which the sewer rental unit is served. However, 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.

§ 137-43 Collection of delinquent rentals.

Delinquent bills for sewer rentals, together with all charges, expenses and fees added thereto, shall, in the manner provided by law, become a lien upon the property served and shall be collectible by the borough by an action in assumpsit against the owner of such property or be enforced against such property by the filing of a municipal claim.