A. 
The required application for permission to install and use a private sewage disposal system or to connect a building sewer to the public sewer shall be made on the appropriate prescribed form as follows:
(1) 
Private sewage disposal application.
(2) 
Residential building sewer connection application.
(3) 
Industrial or commercial building sewer connection application.
B. 
The appropriate permit application form shall be provided for the applicant by the Township.
C. 
Having been duly executed, such forms shall be submitted to the Plumbing Inspector for approval, subject to all the requirements of the Township ordinances and regulations governing sewers and plumbing.
A. 
No industrial wastes shall be permitted to be discharged to the sewer system which will prejudicially affect the sewerage structures or their functioning or the processes of sewage treatment, and any permission granted by the Township for industrial wastes to be discharged into the sewer system reserves to the Township the right to regulate the rate of such discharge or to require such further preliminary treatment as may be necessary or the exclusion of the said industrial wastes from the sewers if this be deemed necessary to protect the interests of the Township.
B. 
Where deemed necessary by the responsible officials of the Township, the industry shall, at the expense of the owner, be required to retain a competent firm of consulting engineers, chemists or other qualified persons to make a study of the industry's particular problem and to prepare a report with sufficient data showing that the industrial waste is or will be made acceptable for discharge to the sanitary sewer system. Such report shall include the consultant's professional opinion as to whether the industrial waste will or will not adversely affect the public sewer system and/or sewage treatment works. The report shall be submitted to the Plumbing Inspector as a supplement to the industrial or commercial building sewer connection application and shall serve as a basis for negotiating a formal agreement and/or permit for the discharge of the industrial waste to the public sewer system.
Where deemed necessary by the responsible officials of the Township, a formal agreement between the Township and the industry shall be consummated as a prerequisite to the issuing of a permit. Such agreement shall stipulate the following:
A. 
Reference by title to the industry's consultants report by name and date.
B. 
The maximum quantity of waste permitted to be discharged per 24 hours and the daily time period and rates of flow of such discharge.
C. 
Specific reference to the extent that certain toxic elements or other harmful constituents must be reduced before discharge.
D. 
Construction of pretreatment works, if any, and proper maintenance and operation thereof at the industry's expense.
E. 
Submission to the Township of pertinent records at appropriate intervals by the industry. Such records shall show daily discharges to the sewer system, together with such chemical analyses as the Township may require.
F. 
Reserve to the Township the right to further regulate the rate of discharge.
G. 
Reserve to the Township the right to require such further preliminary treatment as may at any time prove necessary.
H. 
Reserve to the Township the right to exclude the industrial waste from the sewer system.
I. 
Permit the Township to have access to the industrial establishment to the extent necessary to observe and inspect the operation of any pretreatment facilities and to inspect sources of industrial wastes.
J. 
Reference to charges for sewer service and that such charges are subject to future ordinances or regulations.
K. 
Other stipulations to meet special conditions.
When permission is granted for a sewer connection for industrial waste discharge, the industry shall be required to faithfully carry out in the future such work as may be incident to controlling the rate of discharge and/or pretreatment, if required. Any change in industrial operations that may affect the volume, character, concentration or other quality of the waste discharge shall be immediately reported by the industry to the Plumbing Inspector and shall be subject to the Inspector's approval.
Proper application for a permit having been duly executed and approved by the Plumbing Inspector, the Township Secretary is hereby empowered to issue an appropriate permit, subject to all requirements of the Township ordinances and regulations governing sewers and plumbing and subject also to any special conditions or stipulations as may be prerequisite to said approval of the application for permit as set forth in a supplemental agreement approved by the Department of Public Health.
A. 
Properties with metered water supply and connected to public sewer.
(1) 
All owners of properties which receive water through a water meter and which are presently connected to or hereafter connect to a public sewer shall pay an annual sanitary sewer rate or rental based on water meter size, to be calculated according to the following table:
[Amended 3-11-1976 by Ord. No. 1420; 3-10-1977 by Ord. No. 1443; 10-10-2002 by Ord. No. 1883; 12-16-2004 by Ord. No. 1919; 12-17-2009 by Res. No. 09-045[1]; 12-9-2010 by Res. No. 10-029[2]]
Meter Size
(inches)
Meter Charge
(Annual)
Rate per 1,000 Gallons
5/8
$77
$3.86
3/4
$155
$4.23
1
$464
$4.64
1 1/2
$770
$5
2
$1,539
$5.40
3
$3,076
$5.77
4
$3,845
$6.18
6
$4,615
$6.57
8
$5,418
$6.95
[1]
Editor's Note: This resolution also provided as follows: "fixture count; plus 3.05%."
[2]
Editor’s Note: This resolution also provided as follows: "fixture count; plus 7.4%," and stated that it contained rates for the calendar year 2011 and thereafter.
(2) 
The annual period referenced in Subsection A(1), above, shall run from December 1 of the current year to November 30 of the following year.
[Added 4-10-2003 by Ord. No. 1889[3]]
[3]
Editor's Note: This ordinance stated it would become effective 1-1-2004.
B. 
Properties without metered water supply and connected to public sewer.
[Amended 10-10-2002 by Ord. No. 1883]
(1) 
All owners of residential and nonresidential properties which receive water from any source which is not metered shall pay an annual sewer rate in accordance with the schedule of residential and commercial rates as adopted by the Township Board of Commissioners. The schedule of rates is on file at the Township Building. In those cases where the scheduled rates are not exactly applicable, the Code Enforcement Department shall fix an applicable rate with the same force and effect as set forth in the rate schedule.
(2) 
The owner of any property which receives water from any source which is not metered may have a water meter installed, in which case the annual sewer rate shall be calculated in accordance with the table in Subsection A, above.
B.1.
Adjustments to sanitary sewer rate or rental.
[Added 10-10-2002 by Ord. No. 1883]
(1)
In the event that the meter reading upon which a property owner's annual sanitary sewer rate is based is determined by the company or entity supplying the water to have been in error, and such determination is made prior to the time the annual sewer rate is paid, an adjustment shall be made to that property owner's annual sewer rate to reflect the actual water usage. In the event that such determination is made after the annual sewer rate has been paid, an appropriate adjustment shall be made to the subsequent annual sewer rate for that property.
(2)
The Township may allow an adjustment or allowance to annual sewer rates for residential or nonresidential uses on the basis that water used for a specific purpose did not flow to the public sewer, provided that a plumber licensed to transact business in Abington Township installs a separate meter to measure the water so used. The cost of the installation of a meter pursuant to this subsection shall be the sole responsibility of the property owner. Any meter installed pursuant to this subsection shall be subject to inspection and approval by the Township. The owner of any property with a separate meter shall pay an annual fee of $35 to the Township to defray the costs of reading the separate meter and calculating the adjustment or allowance due the property owner.
[Amended 4-10-2003 by Ord. No. 1889[4]]
(3)
The Township may make an adjustment or allowance to annual sewer rates if the Township determines that a water leak resulted in meter readings higher than otherwise would be the case, provided that the water from such leak did not flow to the public sewer. The amount of any such adjustment or allowance shall be determined by the Township in a manner appropriate under the circumstances. Any such determination shall be made in the Township's sole discretion.
(4)
The Township may make an adjustment or allowance to an annual sewer bill upon application of the property owner, where the owner has purchased the property and becomes responsible for paying an annual sewer bill based in part on a prior owner's usage which is higher than the actual usage of the new owner. Such adjustment or allowance shall be made by a credit against the new property owner's first bill covering the new owner's first continuous 12 months of ownership of the property.
[Added 4-10-2003 by Ord. No. 1889[5]]
[4]
Editor's Note: This ordinance stated it would become effective 1-1-2004.
[5]
Editor's Note: This ordinance stated it would become effective 1-1-2004.
C. 
Billings; payment of current bills; delinquent collection procedures and fees for collection of delinquent accounts.
[Amended 3-10-1977 by Ord. No. 1443; 8-11-1994 by Ord. No. 1742; 4-9-1998 by Ord. No. 1812]
(1) 
Each current year sewer fee bill shall be due and payable in accordance with dates as set forth on the Township and county real estate tax bill (hereinafter the "real estate tax billing date.") Sewer fee bills shall not be eligible for any discount.
(2) 
If any current year sewer fee bill is not paid on or before the 120th day following the real estate tax billing date, such sewer fee shall be subject to a penalty in the amount of 10% of the face amount of the sewer fee.
(3) 
If any sewer fee bill remains unpaid as of the last day of the calendar year, a Township official designated by the Board of Commissioners shall file a municipal lien against the affected property, said lien to include the cost of filing and a fee for administrative costs, the amount of such fee to be determined from time to time as set forth by resolution of the Board of Commissioners.
(4) 
Following the filing of the lien pursuant to Subsection C(3) above, the Township may collect the outstanding sewer fee bill, including penalty, interest and costs, by any means provided by law, including but not limited to filing a civil suit before the appropriate District Justice or in the Montgomery County Court of Common Pleas and/or by causing the water supply to the property interrupted as provided for by law and/or by filing a Writ of Scire Facias in the Montgomery County Court of Common Pleas or by the use of an outside collection service.
(5) 
Fees.
[Amended 9-8-2022 by Ord. No. 2198]
(a) 
Schedule of fees. The Board of Township Commissioners does hereby approve the following schedule of attorney fees for services in connection with the collection of delinquent user fees. Said fees are hereby determined to be fair and reasonable compensation for the services as set forth below and are in accordance with the principles set forth in § 7106 of the Municipal Claims and Tax Liens Act, 53 P.S. § 7101 et seq., as amended. The attorney fees and collection fees set forth below shall be included and added to the applicable MCTLA unpaid claim in an amount equal to the amount set forth in this Subsection C(5)(a).
Legal Services
Fee for Services
Attorney Fees
Initial review and sending first legal demand letter
$175
File lien and prepare satisfaction
$250
Prepare writ of scire facias
$250
Prepare and mail letter under Pa.R.C.P. 237.1
$50
Prepare default judgment
$175
Research, prepare and obtain reissued writ
$175
Prepare praecipe to amend
$100
Prepare motion to amend
$150
Prepare motion for alternate service
$250
Prepare motion to consolidate claims
$250
Amend claim to add United States as defendant
$250
Prepare writ of execution
$800
Preparation for Sheriff's sale; review schedule of distribution and resolve distribution issues
$400
Prepare motion to continue Sheriff's sale
$50
Prepare petition for free and clear sale
$400
Preparation and service of subpoena
$100
Presentation of motion or petition
$50
Services not covered above
$75 to $275 per hour
Collection Fees
Validation notice
$25 per notice charged to the property owner
Notice of delinquent claim and fee shifting
$40 per notice, plus applicable postage charged to the property owner
Bookkeeping fee for payment plan of three months or less
$25
Bookkeeping fee for payment plan of more than three months
$50
Handling fee for returned check
$25
(b) 
Additional fees and expenses. In addition to the Collection Fees set forth under the Subsection, titled Collection Fees, above, the amount of out-of-pocket charges, costs, expenses, commissions and fees incurred in connection with the filing, preservation and collection of the MCTLA Unpaid Claims, including, but not limited to, prothonotary fees and charges, sheriff fees and charges, postage expenses, title search expenses, vehicle identification number (YIN) search expenses, skip tracing and/or other investigatory service expenses, and the costs, fees, charges and/or expenses arising out of any pay ment by any credit card, debit card or any other payment medium, are hereby approved and shall be included, upon incurrence, together with the applicable MCTLA Unpaid Claim.
(c) 
Interest. Interest will be assessed upon the Unpaid Claims at a rate of 10% per annum and added to the Unpaid Claims. The Township is permitted to waive any interest on any Unpaid Claim when the Township or any attorney and/or third party collector collecting the Unpaid Claim believes, in its discretion, that such amount is de minimis or that the cost or burden of continuing collection outweighs the benefit of collecting the interest.
D. 
All sewer fee bills shall be mailed to the owner of record and will be collected by the Township Treasurer, who will be compensated for said collection as set now and in the future by resolution of the Board of Commissioners, or such other Township official as may be designated by the Board of Commissioners.
[Amended 8-11-1994 by Ord. No. 1742]
It shall be the duty of the Secretary of the Board of Commissioners to provide all necessary books, records, bills and other forms and stationery and to keep a proper record of all assessments, charges, service rates and rentals and all payments hereunder, whether collectible by the Treasurer or Solicitor or otherwise. It shall be the duty of the Treasurer and Solicitor to notify the Secretary monthly of all payments received.
The Board of Commissioners may, at its discretion, upon application in the form prescribed, take over, when completed, any extension of the Township's system of sewers built at the expense of any owner of private property, provided that the streets or the private lands wherein the sewers have been laid are dedicated to the Township for public uses and such sewers have been constructed under the supervision and inspection of the Township, such supervision and inspection to be at the expense of the owner, and when so taken over such sewers shall be subject to the provisions hereof with regard to connections, service rental, et cetera.
Whenever the Department of Public Health shall be required by any of the provisions of Part 2 of this chapter to serve any notice on any property owner, such service shall be made personally upon the owner, if such owner can be found in the Township, or on an adult person residing on the property affected, and in case personal service cannot be made upon the owner or an adult person cannot be found residing on the property, said notice shall be tacked or posted conspicuously on the premises.
[Added 6-13-1963 by resolution; amended 7-10-1969 by resolution; 4-10-1980 by Ord. No. 1507; 2-9-1989 by Ord. No. 1650; 5-11-1989 by Ord. No. 1653; 3-11-1993 by Ord. No. 1726]
Permit and inspection fees shall be designated by resolution of the Board of Commissioners of the Township of Abington, which fees shall be established from time to time. A permit shall not be issued until the designated fees have been paid. Failure to pay designated fees shall be considered a violation of this code.