[Adopted 3-27-1997 byOrd. No. 1997-2]
Editor's Note: This ordinance also provided for the repeal of former Art. II, Sewer Rents and Use, adopted 12-19-1968 by Ord. No. 1968-8, as amended.
As used herein, the following terms shall have the meanings stated:
- BULK CONTAINMENT
- Includes any impoundment, containment, reservoir, pond, tank or other form of storage or containment, however denominated, containing in excess of 25,000 gallons of any fluid, including but not limited to public and private swimming pools, industrial lagoons, tanks and other facilities.
- BULK CONTAINMENT DISCHARGE
- The discharge of all or any part of the contents of a bulk containment.
- COLLECTION SYSTEM
- The system of public sewers, including laterals from street mains to curb or property lines, located or to be located within Caln Township, designed for the collection of sanitary sewage and operated by Caln Township.
- DELINQUENCY COSTS
- Includes costs of payment to the Prothonotary for filing and satisfying liens in the office of the Prothonotary, the Solicitor's fees for preparing and filing such, costs of Township personnel for the processing of delinquent accounts, costs of the posting of property and of terminating and restoring water and sewage service to the property which is the subject of the delinquent accounts, all other legal costs incurred by the Township for enforcement of the collection and all and any other fees incurred by the Township for the enforcement of the collection and reimbursement or payment to any public utility, Caln Township or political subdivision for rendering services, including but not limited to termination of services for collection of delinquent accounts and every and any other expense incurred in the collection of delinquent charges.
- DWELLING UNIT
- Any single-family detached dwelling, semidetached dwelling, attached dwelling, row house or townhouse, as well as any separate or independent living unit within or forming a part of any duplex, quadraplex, apartment building or other multiple-dwelling unit, however denominated. Thus, an apartment building containing five apartments shall be deemed to contain five dwelling units for the purpose of computation of sewer rentals, connection fees and other similar charges. So, too, a building or lot containing a commercial or industrial or other nonresidential use and a residential dwelling unit shall be deemed to impose upon the land and the owners thereof tapping charges and sewer rentals computed based upon the charges and tapping fees imposed for the commercial use, plus the charges and tapping fees imposed upon the residential use, notwithstanding the fact that there may be but a single sewer line or lateral entering the collection system.
- EQUIVALENT DWELLING UNITS
- The gallons per day of estimated sewage flow emanating from any commercial or industrial use as estimated by the applicant for a permit and subject to the reasonable concurrence of the Township Engineer, divided by 250. If such quotient is not a whole number, the same shall be rounded off to the nearest high number.
- INDUSTRIAL WASTE
- 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 distinguished from sanitary sewage.
- SANITARY SEWAGE
- The normal water-carried household and toilet wastes resulting from human occupancy of residences and other establishments.
- The Township of Caln, Chester County, Pennsylvania.
[Amended 11-14-2002 by Ord. No. 2002-22; 6-20-2005 by Ord. No. 2005-8]
The Caln Township Municipal Authority shall impose a tapping fee for each connection to be made to the collection system at the curb or property line, which fee shall be at the rate as established by resolution of the Authority. The tapping fee shall be payable upon application for permit to make such connection. Said application for permit shall be made and the fee therefor paid contemporaneously with the application for a building permit or, if no such building permit is required, then at the time of the application for a use and occupancy permit. For any and all properties utilized for nonresidential purposes, there is hereby imposed a tapping fee for each connection to be made to the collection system, which fee shall be as established by resolution of the Authority.
In addition to the tapping fee described above and not included therein or substituted therefor, the Authority shall impose an inspection fee for each direct or indirect connection to the collection system in an amount as established by resolution of the Authority. It is the intent hereby that a separate charge shall be required for inspections of connections of each dwelling unit or one or more stores or other units within a single building or one or more connections within new industrial or institutional building or buildings.
[Amended 1-5-2004 by Ord. No. 2004-1; 12-9-2004 by Ord. No. 2004-27; 6-20-2005 by Ord. No. 2005-8; 6-14-2007 by Ord. No. 2007-6]
The Authority shall establish by resolution the annual sewer rent that shall be owed by every owner and user, jointly and severally, of each property in the Township which is connected to the collection system, or which is accessible to the collection system which property is required to be connected to the collection system, whether or not such property is actually connected to the collection system.
The annual sewer rents imposed by § 128-11 hereof cover the discharge into the collection system of sanitary sewage only, and all persons are hereby prohibited from discharging into the collection system any wastes, substances or other matter other than sanitary sewage, except in accordance with §§ 128-12 to 128-15, inclusive, hereof. Without limiting the generality of the foregoing, all persons are specifically prohibited from discharging into the collection system any of the following waters or wastes:
Any stormwater, surface water, groundwater, water from sump pumps or floor drains, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters.
Any liquid or vapor having a temperature higher than 150º F.
Any garbage, except garbage properly ground in a garbage-grinding device approved by Caln Township, which device shall induce sufficient dilution water to carry the garbage after grinding in suspension so as to prevent obstruction or restriction of the flow of said garbage or sewage.
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstruction to the flow in the collection system or to any interceptor, treatment and disposal facilities to which the collection system is or is to be connected or other interference with the proper operation of the collection system or the aforesaid treatment facilities.
Any waters or wastes having a corrosive property capable of causing damage or hazards to structures, equipment or personnel of the collection system or the aforesaid treatment facilities.
Any water or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters of the collection system or the aforesaid treatment facilities. Toxic wastes shall include wastes containing cyanide, copper and/or chromium ions.
Any water or wastes containing total solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment works, except as such waters or wastes may be approved by the owner or lessee of the aforesaid treatment facilities.
Any noxious, explosive or malodorous gas or substance capable of creating a public nuisance.
Bulk containment discharges.
Industrial wastes may be discharged into the collection system, but only upon prior written permit issued by Caln Township. Application for any such permit shall be accompanied by such information relating to the nature or character of the industrial waste proposed to be discharged or otherwise, including, without limitation, a detailed engineering report in respect thereof prepared by a registered engineer or engineering firm, as Caln Township may reasonably require. Any permit issued under this section may be conditioned upon compliance with such reasonable restrictions as Caln Township may impose, including, without limitation, requirements for the establishment of facilities for the pretreatment and prescreening of wastes, the construction of flow-equalization facilities to assure a uniform rate of discharge and the construction of suitable control manholes to facilitate observation, sampling and measurement of wastes and the discharge thereof. Grease, oil and sand interceptors shall be provided by the applicant when they are required by Caln Township for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients. All such interceptors shall be of a type and capacity approved by Caln Township and shall be so located as to be readily and easily accessible for cleaning and inspection. Where any such required facilities or interceptors are constructed, they shall be maintained continuously in satisfactory and effective operation by the applicant at his expense. No permit for the discharge of industrial wastes issued under this section shall be deemed to give any right to the applicant to continue such use, and any such permit may be revoked by Caln Township at any time.
Caln Township may promulgate prohibitions against specific types or strengths of industrial wastes or other substances (in addition to those set forth in § 128-12) which are harmful to the collection system or which are prohibited from discharge to any interceptor, treatment and disposal facilities to which the collection system is or is to be connected. Such prohibitions may be modified from time to time by Caln Township, and any permit issued pursuant to § 128-13 shall, by virtue hereof, be subject to such prohibitions as are in existence from time to time. Any person questioning the reasonableness of any such prohibitions as applied to property owned or used by such person shall have the right to a hearing before the Board of Commissioners within a reasonable time after requesting the same (but such request shall not operate as a stay of such prohibitions), except in cases where such prohibitions have been established or specifically approved by ordinance.
In the event that Caln Township consents to accept industrial waste into the collection system, charges will be made for sewage consisting in whole or in part of industrial waste, which sewage has total suspended solids and biochemical oxygen demand in excess of the following concentrations:
The total charge for sewage having concentrations in excess of the foregoing shall be determined in accordance with the following formula:
All discharges into the Caln Township sewer system shall be in full compliance with all current rules and regulations of the Downingtown Area Regional Authority (DARA) or Pennsylvania American Water Company (PAWC), whichever entity has jurisdiction, as those regulations are amended from time to time. The most current rules and regulations for DARA and PAWC shall be kept on file with the Department of Wastewater Operations and may be examined there without charge.
[Amended 5-12-2005 by Ord. No. 2005-2]
The annual flat rate for sewer rents shall be payable on a bimonthly period for services in the prior period and shall be due and payable on the first day of each bimonthly period, i.e., the first day of January, March, May, July, September, and November in each year. Rent for the bimonthly period when the connection is made may be prorated and may be billed in conjunction with the next regular bimonthly billing or by special billing as the officials responsible for the billing may elect.
[Amended 2-28-2008 by Ord. No. 2008-2]
All commercial and industrial users shall pay an annual sewer rent based on the monthly water usage, which rent shall be billed and paid on a monthly basis. The respective dates of monthly meter readings and billing in respect to the several properties subject to such sewer rents shall be established by the Township or Authority. The first such reading and billing in respect to each such property may be based upon such time period, not exceeding six months, as the Township or Authority may determine, with appropriate proration of the rent in respect to any such periods which vary from an exact month.
[Amended 6-20-2005 by Ord. No. 2005-8]
Bills for sewer rents shall be mailed to the record owner on file with the Township.
[Amended 6-20-2005 by Ord. No. 2005-8]
Sewer rents as determined by the Authority shall be due and payable in the face amount immediately upon mailing of such sewer bills by the officer of the Township charged with responsibility for billing and collection thereof. All such rents shall be payable in the face amount within a period of 25 days after the date of mailing thereof. The balance remaining on any bill on the 26th day after mailing shall be subject to a penalty of 10% thereof, which shall be payable and collectible by municipal lien or otherwise part of and in the same manner as the basic rental charge. Payments shall not be deemed received until actually received in the office of the Director of Finance of Caln Township.
[Amended 11-11-2010 by Ord. No. 2010-07]
[Amended 2-28-2008 by Ord. No. 2008-2]
If any installment of sewer rent is not paid within 30 days after the date of the bill, a penalty of 10% shall be added thereto; and if the installment plus penalty is not paid within 60 days after the date of the bill, the aggregate amount thereof shall bear interest from the penalty date at the rate of 1/2 of 1% per month or fraction thereof. Any unpaid sewer rent, together with penalties and interest thereon to the extent permitted by law, and all delinquent costs, shall be a lien on the property served, which may be collected by action in assumpsit, by distress and/or by a lien filed in the nature of a municipal claim and/or by termination of services as and to the extent provided by law. In addition, any costs and/or attorney's fees incurred by Caln Township 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.
Rules and regulations regarding the payment and collection of the sewer rents imposed hereunder and the use of the collection system may be promulgated by the Authority and, upon approval by the Board of Directors of the Authority, such rules and regulations shall become effective as though set forth herein.
[Amended 6-20-2005 by Ord. No. 2005-8]
The Township does hereby adopt as part of its rules and regulations the rules and regulations and standards contained in the Downingtown Area Regional Authority's Resolution No. 2007-1, adopted January 8, 2007, as amended by Resolution No. 2008-1, adopted October 20, 2008. All discharges into the sanitary sewer system of Caln Township, which discharges are treated by the Downingtown Area Regional Authority's plant, shall comply with the rules, standards and restrictions set forth in the aforesaid resolutions to the same extent as if those resolutions, rules, restrictions and standards were set forth in full herein.
[Added 9-10-1998 by Ord. No. 1998-2; amended 6-14-2007 by Ord. No. 2007-6; 12-18-2008 by Ord. No. 2008-14]
Caln Township does hereby adopt as part of its rules and regulations the rules and regulations and standards contained in the Downingtown Area Regional Authority's Resolution No. 1998-1, adopted September 21, 1998. All discharges into the sanitary sewer system of Caln Township, which discharges are treated by the Downingtown Area Regional Authority's plant, shall comply with the rules, standards and restrictions set forth in the aforesaid resolutions to the same extent as if those resolutions, rules, restrictions and standards were set forth in full herein.
[Added 2-11-1999 by Ord. No. 1999-4]
Caln Township does hereby adopt as part of the rules and regulations the Sewer Use Rules and Regulations adopted by Pennsylvania American Water Company (PAWC) which were effective on March 22, 2001, and as further amended by PAWC. All discharges into the sanitary sewer system of Caln Township, which discharges are treated by PAWC's plant, shall comply with the rules, standards and restrictions set forth in the aforesaid rules and regulations to the same extent as if those rules and regulations were set forth in full herein.
[Added 5-12-2005 by Ord. No. 2005-5]
The Township reserves the right to amend or modify this article or any parts thereof at any time or from time to time.