[Adopted 3-27-1997 byOrd. No. 1997-2[1]]
[1]
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:
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.
The discharge of all or any part of the contents of a bulk
containment.
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.
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.
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.
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.
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.
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]
A.
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.
B.
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:
A.
Any stormwater, surface water, groundwater, water
from sump pumps or floor drains, roof runoff, subsurface drainage,
cooling water or unpolluted industrial process waters.
B.
Any liquid or vapor having a temperature higher than
150º F.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
Any noxious, explosive or malodorous gas or substance
capable of creating a public nuisance.
I.
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.
A.
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:
B.
The total charge for sewage having concentrations
in excess of the foregoing shall be determined in accordance with
the following formula:
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Total charge equals
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Q plus 0.001 Q (BOD in ppm - 250)
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plus 0.001 Q (ss in ppm - 300)
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where Q equals normal charge (§ 128-11)
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BOD equals biochemical oxygen demand
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ss equals suspended solids
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ppm equals parts per million
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C.
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]
A.
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]
B.
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]
C.
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]
D.
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.
A.
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]
B.
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]
C.
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]
E.
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.
