The URL can be used to link to this page

Home My WebLink About05-5080 SALZMANN HUGHES, P.c. BY: Donald E. LeFever" Esquire Attorney I.D. No. 06902 95 Alexander Spring Road Suite 3 Carlisle, PA 17013 (717) 249-6333 Attorney for Plaintiff WEST PENNSBORO TOWNSHIP and WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. QS: - Sam C1uL'-T92-n.-7 MELVIN C. MIXELL, III Defendants CNIL ACTION - LAW AND EQUITY To: Melvin C. Mixell, III You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Effective September 1, 2003 Complaint WEST PENNSBORO TOWNSHIP and WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. C6 - S'OPO Gu~l ~~ MELVIN C. MIXELL, III Defendant CNIL ACTION - LAW AND EQUITY COMPLAINT AND NOW, comes WEST PENNSBORO TOWNSHIP and WEST PENNSBORO TOWNSHIP MUNICIP AL AUTHORITY, through their counsel, Donald E. LeFever, Esquire of the law firm of Salzmann, Hughes, P.e. and respectfully represents as follows: 1. Plaintiff, West Pennsboro Township ("Township"), is a municipal corporation located in Cumberland County, Pennsylvania with an address of2150 Newville Road, Carlisle, Pennsylvania 17013. 2. Plaintiff, West Pennsboro Township Municipal Authority ("Authority"), is a municipal authority ofthe Commonwealth of Pennsylvania located in Cumberland County, Pennsylvania with an address of2150 Newville Road, Carlisle, Pennsylvania 17013. 3. Defendant Melvin e. Mixell, III (hereinafter "Defendant") is owner of a property in West Pennsboro Township, at 102 A Street, Plainfield, P A 17081, with a mailing address of P.O. Box 144, Plainfield, P A 17081. 4. On June 4, 2002, the Township Board of Supervisors enacted a mandatory sewer connection ordinance, Ordinance No. 2002-2. (A true and correct copy of which is attached hereto and made a part hereof as Exhibit A). 5. The Authority adopted Sewer System Rates, Rules & Regulations, which became effective March 17,2004. (A true and correct copy of which is attached hereto and made a part hereof as Exhibit B). 6. The monthly user rate of$58.50 was approved by the Authority on February 14, 2003 pursuant to a Rate Study prepared by the Authority's Engineer, CET Engineering Services. (A true and correct copy of the minutes of the February 14, 2003 meeting are attached along with a copy of the rate study and resolution, hereto and made a part hereof as Exhibit C). 7. On or about June 14,2005, the Township sent a Notice to Connect to Public Sewer by certified mail to Defendant instructing him to make connection within sixty (60) days ofthe date of said letter or August 13,2005. (A true and correct copy of which is attached hereto and made a part hereof as Exhibit D). 8. On or about September 8, 2005, Defendant was sent by certified mail a Notice of Violation of the West Pennsboro Township sewer connection Ordinance from the Township's Solicitor, Donald E. LeFever, instructing him to connect within ten (10) days of receipt of correspondence. (A true and correct copy of which is attached hereto and made a part hereof as Exhibit E). 9. The aforesaid letter from the Township's Solicitor, Donald E. LeFever, advised him that if connection was not made, West Pennsboro Township Municipal Authority had authorization to enter his property to make the connection. 10. The sewer connection and inspection fees are set forth in Exhibit B. 11. Defendant has received monthly invoices for sewer charges, interest and finance charges. (A true and correct copy of which is attached hereto and made a part hereof as Exhibit F). 12. The balance due and owing on the account of Defendant as reflected in Exhibits Band F is the sum of$783.00. 13. Although demand has been made, Defendant has failed to make the necessary sewer connection and payment of the amount due and owing to the West Pennsboro Township Municipal Authority. WHEREFORE, Plaintiffs demand: a.) Defendant to make connection with the West Pennsboro Township Wastewater Treatment System; b.) Judgment against Defendant in the amounts owing; and c.) Plaintiffs be awarded taxable costs and interest on the judgment, plus court costs and attorney fees and such other and further relief as this Court may deem proper. Respectfully submitted, Salzmann Hughes, P.c. By: Donald E. LeFever, Esquire Attorney ill No. 6902 Counsel for Plaintiffs 95 Alexander Spring Road, Suite 3 Carlisle, P A 17013 (717) 249-6333 VERIFICATION I verify that all the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief, based on information from the Plaintiffs, and that any false statements made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. By: ~JJJ1. ~ We-St Pennsboro towns 'p Municipal Authority As: 1OlA.JJI1sh>b h1A"'K) 9fv ! 1', . ~ ~ . , tI WEST PENNSBORO TOWNSHIP EI SI J Sf SI EI . EI ~ .- R ~ ~ ~ = . .... ~ ORDINANCE NO. 2002-2 3 AN ORDINANCE REQUIRING ALL OWNERS OF IMPROVED PROPERTY LOCATED WITHIN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA AND ACCESSIBLE TO AND WHOSE PRINCIPAL BUILDING IS WITHIN 150 FEET FROM THE SEWER SYSTEM TO BE ACQUIRED AND CONSTRUCTED BY WEST PENNSBORO TOWNSHIP AND THE WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY, TO CONNECT THEREWITH UPON NOTICE BY THE TOWNSHIP; AUTHORIZING THE TOWNSHIP TO MAKE CONNECTIONS AT THE COST AND EXPENSE OF ANY OWNER OF AN IMPROVED PROPERTY WHO FAILS TO MAKE SUCH CONNECTION; ADOPTING CERTAIN RULES AND REGULATIONS AND PROVIDING FOR ADOPTION OF ADDITIONAL RULES AND REGULATIONS; PROHIBITING THE CONNECTION OF PRIVY, VAULTS, CESSPOOLS, SINKHOLES, SEPTIC TANKS, HOLDING TANKS AND SIMILAR RECEPTACLES TO ANY SEWER; PROHIBITING THE MAINTENANCE OF CERTAIN RECEPTACLES AND REQUIRING ABANDONMENT THEREOF WHERE A SEWER IS AVAILABLE; SETTING FORTH RELATED MATTERS; AND PRESCRIBING PENALTIES FOR VIOLATION. :: , 3 == == .. ~ :3 := ~ ::l .. ... ~ . I . ! . . EXHIBIT "A" I' I I II II ~ ;I ,. II . I a ;I . g ;I ;I . :; :; ~ ~ - The Board of Supervisors of the Township of West Pennsboro, Cumberland County, Pennsylvania, enacts and ordains as follows: Section 1 Definitions and interpretations. Unless the context specifically and clearly indicates otherwise, the meaning of terms used herein shall be as follows: AUTHORITY - The West Pennsboro Township Municipal Authority. BUILDING SEWER - The extensions from the sewage drainage system of any structure to the lateral of a sewer. IMPROVED PROPERTY - Any property located within the Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged. INDUSTRIAL ESTABLISHMENT - Any improved property located in this township used wholly or in part for the manufacturing, processing, cleaning, laundering or assembly of any product, commodity or article, or any other improved property located in this township from which wastes, in addition to or other than sanitary sewage, are discharged. 3 INDUSTRIAL WASTES - Any and all wastes discharged from an industrial establishment, other than sanitary sewage. .. .... t iiiiii .... iiiiii - LATERAL - That part of the sewer system extending from a sewer to the curbline or, if no such lateral shall be provided, then "lateral" shall mean that portion of, or place in, a sewer which is provided for connection of any building sewer. - ... .! ... ... OWNER - Any person vested with ownership, legal or equitable, sole or partial, of any improved property. L, ... ,... 1-, ... ... ~ .. ... L E - ,.. . ~ PERSON - Any individual, partnership, company, association, society, corporation or other group or entity. SANIT AR Y SEW AGE - Normal water-carried household and toilet wastes from any improved property. SEWER - Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes. a iil1 Ii ~., I .~ ~ ~ ./ ;j SEWER SYSTEM - All facilities, as of any particular time, for collecting, pumping, treating or disposing of sanitary sewage and/or industrial wastes, to be owned by the Authority and to be leased to the Township, for operation and use. """I ~ TOWNSHIP - The Township of West Pennsboro, Cumberland County, Pennsylvania, acting by and through its Board of Supervisors or, in appropriate cases, by and through its authorized representatives. """I - r I - ~ Section 2 - ~ A. - ~ rt - - - - - - r. - - - - - - & - - ~ - - 3 . :: == - .... ~t - .... - - - - 'I - - - - - .. l~ :..; "'" ;;iil "'" - , t ~. .... ... Use of public sewers required. Responsibility for connection; time limit. The owner of any improved property located in this Township adjoining or adjacent to the Sewer System shall connect such improved Property to the Sewer System, in such manner as the Township may require, within 60 days after notice to such owner from the Township to make such connection, for the purpose of discharge of all sanitary sewage and industrial wastes from such improved property, subject to such limitations and restrictions as shall be established herein otherwise by the Township, from time to time. B. Connection to sewer. All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under Subsection A shall be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or otherwise by the Township, from time to time. c. Prohibited means of disposal and discharge of sewage. (1) No person shall place or deposit or permit to be placed or deposited upon public or private property within the Township any sanitary or industrial wastes in violation of Section 2A above. (2) No person shall discharge or permit to be discharged to any natural outlet within the Township any sanitary sewage or industrial wastes in violation of Section 2A above, except where suitable treatment has been provided which is satisfactory to the Township. D. Prohibited connections; abandonment of sewage receptacles. (1) No privy vault, cesspool, sinkhole, septic tank, holding tank, or similar receptacle shall be used and maintained at any time upon any improved property which has been connected to a sewer or which shall be required under Section 2A above to be connected to sewer. ....... "~.' ~ ....... .. .... ~ I ..... .o~ """I ""'l ..... t."... I ..... It. - *'.. E. ..... ~- II - .;:- - - - - l. . - - - - - .... ~ - - - ;;;;;;j ..... Section 3 :3 lD ~ - ~ - -- ..... C'i - - - ..... - - - ,'I - - - - 1Li:JJII ..; .'~--1 - - ~ ...... .;, - , ,\ a (2) Every such privy vault, cesspool, sinkhole, septic tank, holding tank, or similar receptacle in existence shall be abandoned and, at the discretion of the Township, shall be cleansed and filled under the direction and supervision of the Township; and any such privy, vault, cesspool, sinkhole, septic tank, holding tank, or similar receptacle not so abandoned and, if required by the Township cleansed and filled, shall constitute a nuisance and such nuisance may be abated as provided by law, at the expense of the owner of such improved property. Connection of sewage receptacles to sewer prohibited. No privy vault, cesspool, sinkhole, septic tank, holding tank or similar receptacle at any time shall be connected with a sewer. F. Notification of connection and service. The notice by the Township to make a connection to a sewer, referred to in Section 2A above, shall consist of a written or printed document requiring such connection in accordance with the provisions of this Ordinance and specifying that such connection shall be made 60 days from the date such notice is given. Such notice may be given at any time after a sewer is in place which can receive and convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner either by personal service or by registered mail or by such other method as at the time may be provided by law. Building Sewers and Connections. A. Permit required to connect. No person shall uncover, connect with, make any opening into or use, alter or disturb, in any manner, any sewer or the sewer system without first making application for and securing a permit, in writing, from the Township. B. Application for permit. Application for a permit required under Section 3A shall be made by the owner of the improved property to be served or his duly authorized agent. C. Prerequisites to connections. No person shall make or cause to be made a connection of any improved property with a sewer until such person shall have fulfilled each of the following conditions: (1) Such person shall havt- notified the Secretary of the Township of the desire and intention to connect such improved property to a sewer. (2) Such person shall have applied for an obtained a permit as required by Section 3A. ~. . ~ ;;; ~ . ~ ;; ;:; . - ""!l - ~ - - ~..~ . - ~ - IiII"\ - ""'i ,. - - ..- - ~ .,- .f - - - -- ~ - -- Zt ..... -- ~ - ... - i - - ... - .. .. .. .. .. . - . (3) Such person shall have given the Secretary of the Township at least 24 hours' notice of the time when such connection will be made so that the Township may supervise and inspect the work of connection and necessary testing. (4) Such person shall have furnished satisfactory evidence to the Secretary of the Township that any tapping fee charged and imposed by the Authority against the owner of such improved property who connects such improved property to a sewer has been paid. D. One property per connection; exception. Except as otherwise provided in this section, each improved property shall be connected separately with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, and then only after special permission of the Township, in writing, shall have been secured and subject to such rules, regulations and conditions as may be prescribed by the Township. E. Cost responsibility. All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to a sewer shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and save harmless this Township and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building sewer or of connection of a building sewer to a sewer. F. Connection point; invert. (1) A building sewer shall be connected to a sewer at the place designated by the Township or the Authority and where the lateral is provided. (2) The invert of a building sewer at the point of connection shall be at the same or a higher elevation than the invert of the sewer. A smooth, neat joint shall be made and the connection of a building sewer to the lateral shall be made secure and watertight. G. Township may make connection. If the owner of any improved property located in the Township and accessible to and whose principal building is within 150 feet from the sewer system, after 60 days' notice from this Township, in accordance with Section 2A, shall fail to connect such improved property, as required, the Township may make such connection and may collect from such owner the costs and expenses thereof. In such Sf' - ~~ ,;;; ~ . ;;; ~ ~ ., ;; ;;J ;; r. 3 ;; ;:;J :. ~ :;; 3 it -. ~ 3 :3 o 3 ~ - ---, - ... I' .. ... ~ .. ~ . . - Section 4. D. E. case, the Township shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the owner of the improved property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such improved property to pay said bill, the Township shall file a municipal lien for said construction within six months of the date of the completion of the construction of said connection, the same to be subject in all respects to the general law providing for the filing and recovery of municipal liens. Rules and Regulations governmg building sewers and connections to sewers. A. House sewer attachment to sewer. Where an improved property, at the time connection to a sewer is required, shall be served by its own sewage disposal system or device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or device and attachment shall be made, with proper fittings, to continue such house sewer line as a building sewer. B. Inspection. No building sewer shall be covered until it has been inspected and approved by the Township. If any part of a building sewer is covered before so being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved property to be connected to a sewer. c. Maintenance. Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property. Excavations. Every excavation for a build~,'g sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Streets, sidewalks and other public property disturbed in the course of installation of a building sewer shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to the Township. Unsatisfactory conditions; notice to remedy. If the owner of any improved property located in the Township shall fail or refuse, upon receipt of a notice of the Township, in writing, to remedy any unsatisfactory condition with respect to a building sewer and lateral, within to days of receipt of such notice, the Township, in addition to other remedies set forth in this section, may refuse to permit such person to discharge sanitary sewage an industrial waste into the sewer system until such unsatisfactory conditions shall have been remedied to the satisfaction of the Township. In situations where the owner of an improved property has failed to remedy an Ii' i Ii II g . ~ g . It l;I ;I EI . 21 a ;:J .. :; :; ~ . 3 3 :3 . 3 :! ~ :t; == :I ~ . :3 ;.;j ... .. . ;.1 ~ .. j .- I ~ unsatisfactory condition after receiving 60 days' notice as provided herein, the Township or its agents may enter upon such property and modify the building sewer and lateral in order to remedy the unsatisfactory condition. In such cases, the Township shall forthwith, upon completion of the work, send an itemized bill of the costs of the work performed on such modification to the owner of the improved property to which repair to the building sewer and lateral has been made, which bill shall be payable forthwith. In case of neglect or refusal of the owner of such improved property to pay said bill, the Township shall file a municipal lien for said construction within six months of the date of completion of the construction of said modification, the same to be subject in all respects to the general law providing for the filing and recovery of municipal liens. Furthermore, in such cases where the owner of the improved property has failed to remedy the unsatisfactory condition within said 60 days notice, such failure shall be deemed to be a violation of this Ordinance and subject the owner of the improved property to the enforcement provisions set forth below. F. Additional rules and regulations. The Township reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with a sewer and the sewer system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part ofthe Ordinance. G. Objectives of connections. (1) Maintenance of an efficient sewer system by ensuring proper connection to and use of the c;ewer system to eliminate or reduce discharge of surface water or of any substance other than sanitary sewage and industrial wastes as authorized in the Ordinance. (2) Prevention of conditions in sewer system which are hazardous to the public health, welfare and safety. (3) Conduct of routine periodic inspections of buildings and premises connected to sewer system to ensure compliance with ordinances, resolutions and regulations, which inspections are deemed essential to accomplish objectives set forth herein. H. Inspections. Periodic inspections at least once per year are deemed reasonable for the accomplishment of the above objectives. More frequent inspections may be held when conditions exist which are a reasonable indication that violations of the sewer ordinances, resolutions and regulations exist. "~. - . ~ "3 '3 " ~ ~ ~'3 I ~ :,;;;J ---J ~~'3 ~.::J ~ Section 5 F.:::l ~~ ~"3 I,l t ;,~...; .,"~ 1'''''''\ Fr,~ ~"- .,.. u -- -,. ...nuI a;~;" ...... It 1. Authority of inspectors. Authorized officials, agents and employees of the Township, including members, agents and employees of the West Pennsboro Township Municipal Authority under operating agreement with the Township, shall have authority to conduct inspections, including routine periodic inspections, of premises by consent of owners or in the absence thereof, by obtaining a search warrant; and said officials, agents and employees, upon information of conditions within sewer system from which an inference can be drawn that violations of conditions within sewer system from which an inference can be drawn that violations of sewer ordinances, resolutions and regulations have been committed or ca reasonably be construed to have been committed shall have the authority to inspect premises by consent of owners or, in the absence thereof, by obtaining a search warrant. Enforcement; violations and penalties. A. Any person who shall violate this Ordinance shall be subject to an enforcement action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure and shall be subject to a fine not to exceed one thousand ($1,000.00) dollars per violation and be imprisoned to the extent allowed by law for the punishment of summary offenses together with costs and the reasonable fees of the municipal solicitor who may assume charge of the prosecution. Each day a violation shall continue shall be deemed and shall be taken to be a separate offense and shall be punishable as such. P. - Enacted and ordained this 4th day of June, 2002 by the Board of Supervisors of West Pennsboro Township. - - ..,,, - h ATTEST d::~/II ~/4h? Sec ary /fu~ /J &0UCZ) Chairman ' p.., - - - - j: - - - - "'. - - - ,~ ... ;'4 - '" CERTIFICATE I, the undersigned, Secretmy of the Township of West Pennsboro, Cumberland County, Pennsylvania (the "Township"), certify that the foregoing is a true and correct copy of an Ordinance of the Board of Supervisors of the Township which was duly enacted by affinnative vote of a majority of the members of the Board of Supervisors of the Township at a meeting duly held on A--\.V0-C y- , lWL; that said Ordinance has been duly recorded in the Ordinan~e Book of the Township; th~t said Ordinance was duly published on ~ ~3>: ~OOL-- ; as required by law in a newspaper of general circulation in the Township; and that said Ordinance remains in effect, unaltered and unamended, as of the date of this Certificate. I further certify that the meeting at which the Board of Supervisors of the Township adopted said Ordinance was a public meeting duly held after giving public notice of the date, time and place of such meeting by posting, publishing and mailing such notice at the time and in the manner required by Act No. 84 of the General Assembly of the Commonwealth of Pennsylvania, approved July 3, 1986. IN WITNESS WHEREOF, I set my hand and affix the official seal of the Township, this day of Secretary _d~/i ~~ (SEAL) . , , SEWER SYSTEM RATES, RULES & REGULATIONS of the WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY 2150 Newville Road Carlisle, Cumberland County Pennsylvania March 2004 EXHIBIT "B" WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY SEWER SYSTEM RULES, RATES AND REGULATIONS TABLE OF CONTENTS ARTICLE I. DEFINITIONS.. ................................................. .............. ................ 1 Section 1.1 Section 1.2 Definitions Abbreviations 1 7 ARTICLE II. SEWER CONNECTION PERMITS.................................................. 9 Section 2.1 Permit Required for Connection 9 Section 2.2 Application for Permit 9 ARTICLE III. SEWER CONNECTION PROCEDURES AND SPECIFICATIONS ...... ........... ..... ......... ....... ......... ...... .......... ........ ........ ...... 10 Section 3.1 Authority Standards 10 Section 3.2 Conditions of Connections 10 Section 3.3 Separate Connections 10 Section 3.4 Building Sewers and Service Laterals 11 Section 3.5 Correction of Defects in Building Sewers 11 Section 3.6 Maintenance of Building Sewers and Service Laterals 11 Section 3.7 Grinder Pump Requirements 12 Section 3.8 Grease Interceptor and Oil/Water Separator Requirements 12 Section 3.9 Change in Ownership or Tenancy 13 ARTICLE IV. EXTENSIONS AND ADDITIONS TO SEWER SySTEM................ 14 Section 4.1 Extensions Made By Builder, Developer and Other Person 14 ARTICLE V. GENERAL SEWER USE REQUIREMENTS ..................................... 16 Section 5.1 General Prohibited Discharge Standards 16 Section 5.2 Specific Prohibited Discharge Standards 16 Section 5.3 Federal Categorical Pretreatment Standards 18 Section 5.4 Specific Pollutant Limitations 18 Section 5.5 Right of Revision 18 Section 5.6 Dilution 18 Section 5.7 Pretreatment Facilities 18 Section 5.8 Additional Pretreatment Requirements 19 Section 5.9 Accidental Discharge/Slug Control Plans 19 Section 5.10 Hauled Waste 20 ARTICLE VI. WASTEWATER DISCHARGE PERMITS ...................................... 21 Section 6.1 Waste Survey 21 Section 6.2 Section 6.3 Section 6.4 Section 6.5 Section 6.6 Section 6.7 Wastewater Discharge Permit Requirements Wastewater Discharge Permit Application Application and Reporting Signatories and Certification Wastewater Discharge Permit Decisions Wastewater Discharge Permit Conditions Wastewater Discharge Permit Issuance Process 21 2] 22 22 22 24 ARTICLE VII. INDUSTRIAL MONITORING AND REPORTING REQUIREMENTS......................... .................... .............. ............ ......... ...... 27 27 28 28 28 29 30 30 31 33 34 34 Section 7.1 Section 7.2 Section 7.3 Section 7.4 Section 7.5 Section 7.6 Section 7:7 Section 7.8 Section 7.9 Section 7.10 Section 7.1] ARTICLE VIII. Section 8.1 Section 8.2 Section 8.3 Section 8.4 Section 8.5 Section 8.6 Section 8.7 Baseline Monitoring Report (BMR) Compliance Schedule Progress Report Reports on Compliance with Categorical Pretreatment Standard Deadline Periodic Compliance Reports Report of Changed Conditions Report of Potential Problems Notification of Hazardous Waste Discharge Compliance Monitoring Public Notification Duty To Provide Information Confidential Information RATES, CHARGES AND FEES ................................................... 36 36 36 37 37 38 39 40 General Connection Charges and Tapping Fees Reserve Capacity Charges Sewer Billings Delinquent Bills Waste Surcharge Pretreatment Charges and Fees Section 9.] Section 9.2 Section 9.3 ARTICLE IX. ENFORCEMENT ........................................................................... 41 4] 41 42 Administrative Remedies Judicial Remedies Affirmative Defenses Section 10.] Section 10.2 Section 10.3 Section 10.4 Section 10.5 Section 10.6 ARTICLE X. MISCELLANEOUS PROVISIONS ................................................... 44 44 44 44 44 44 44 Schedules Reservation of Rights Amendments Severability Repealer Effective Date 11 WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY CUl\1BERLAND COUNTY, PENNSYLVANIA SEWER SYSTEM RULES. RATES AND REGULATIONS ARTICLE I. DEFINITIONS Section 1.1 Definitions 1. Act. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended (33 U.s.e. S1251 et seq.). 2. Authority. West Pennsboro Township Municipal Authority, Cumberland County, a Pennsylvania municipal authority so created under the Municipality Authorities Act of 1945. 3. Authorized Representative of the U seT. If the User is a corporation, the authorized representative shall be: A. The president, vice-president, secretary, or treasurer of the corporation in charge of a principal business function, or any person who performs similar policy or decision- making functions for the corporation; or B. The manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. If the User is a partnership or a sole proprietorship, an authorized representative shall mean a general partner or proprietor, respectively. If the User is a Federal, State or local governmental facility, the authorized representative shall mean a ranking elected official, or principal executive official having responsibility for the overall operation and performance of the activities of the principal geographic unit of the government agency. The individuals described above may designate another authorized representative if: e. The authorization is made in writing by the individual described above; D. The authorization specifies either the individual or a position responsible for the overall operation of the facility from which the indirect discharge originates or having overall responsibility for environmental matters for the company; and E. The written authorization is submitted to the Authority. 4. Biochemical Oxvgen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at twenty degrees Centigrade (20oC), expressed in terms of weight and concentration, milligrams per Liter (mg/L). 5. Building Sewer. That part of the sewer line from the service lateral to the outer wall of the building being served. The building sewer shall be maintained by the Owner. 6. Commercial Establishment. Any room, group of rooms, building or enclosure used or intended for use in the operation of one business enterprise for the sale and distribution of any product, commodity, article or service or used or intended for use for any social, amusement, religious, educational, charitable or public purpose and containing plumbing. "Commercial Establishment" includes institutional dormitories, but does not include personal care boarding homes licensed by Commonwealth. 7. Composite Sample. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either time or flow. 8. Connection Fee. A fee, as established and defined by Act 203 of 1990 and amended by Act 57 of 2003, which is imposed to recover the Authority's cost for facilities installed between the sewer mains and the property line of the property to be connected to the Sewer System and which is payable to the Authority. 9. Connection Unit. Each individual building, or portion of a building, which is designed or adaptable to separate ownership whether for commercial, industrial or residential use. A school, factory, apartment house, office building or other multiple-unit structure whose individual apartments or units are connected to a common internal wastewater system and which are not commonly subject to separate ownership shall be considered as one Connection Unit. 10. Cooling Water. The water discharged from any use to which the only pollutant added is heat, such as air conditioning, cooling or refrigeration. 1 L Customer Facilities Fee. A fee, as established and defined by Act 203 of 1990 and amended by Act 57 of2003, which is imposed to recover the Authority's cost offacilities installed between the property line and the internal plumbing of the building being connected the Authority's Sewer System and which is payable to the Authority. 12. Direct Discharge. The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania. 13. Domestic Wastewater. Human excrement and gray water (showers, dishwashers, washing machines, etc.) generated from residential households, institutions, commercial and industrial establishments, but excluding industrial wastewater. 14. Equivalent Dwelling Unit (EDU). A unit of measure representing the engineering design flow of domestic and/or industrial wastewater for a nonresidential establishment, equivalent to 250 gallons per day (GPD). Each connection is at least one (1) EDU. A property or building may utilize more than one EDU. The number of ED Us is defined by Resolution. 15. Existing Source. Any source of discharge, the construction or operation of which commenced prior to the publication of proposed Federal Categorical Pretreatment Standards, which will be applicable to such source if the Federal Categorical Pretreatment Standard is thereafter promulgated in accordance with Section 307(c) of the Act. 2 16. Fats, Oils, and Greases (FOG) - Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules, such as rendered animal fat, vegetable shortening and other such oily material used for the purposes of and resulting from cooking and/or preparing food, and is distinct from petroleum or mineral oils. 17. Federal Categorical Pretreatment Standard Or Categorical Standard. Any regulation containing pollutant discharge limits promulgated by EP A in accordance with Section 307 (b) and (c) of the Act (33 U .S.c. ~ 1317), which applies to a specific category ofIndustrial Users and which appear in 40 CFR Chapter I, SubchapterN, ~~405-471. 18. Food Service Establishment - Any food service facility that prepares or packages food or beverages for sale or consumption, onsite or offsite, with the exception of private residences. Food service establishments shall include, but are not limited to: food courts, food manufacturers, food packagers, restaurants, grocery stores, bakeries, lounges, hospitals, hotels, nursing homes, churches and schools. 19. Grab Sample. A sample that is collected from a waste stream on a one-time basis, with no regard to the flow in the wastestream, and over a period of time not to exceed fifteen (15) minutes. 20 Grease Interceptor - A device located underground and outside of a food service establishment designed to collect, contain or remove food wastes and grease from the wastestream while allowing the wastewater to discharge to the sewer system by gravity. 21. Grease Trap - A device located inside a food service establishment or under a sink designed to collect, contain or remove food wastes and grease from the waste stream while allowing the wastewater to discharge to the sewer system by gravity. 22. Holding Tank Waste. Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks. 23. Improved Property. Any property upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings and from which structure domestic and/or industrial wastewater shall be or may be discharged. 24. Indirect Discharge. The discharge or the introduction of pollutants from any nonresidential source regulated under Section 307(b), (c) or (d) ofthe Act (33 U.S.c. S1317), into the POTW, including holding tank waste discharged into the Sewer System. 25. Industrial Establishment. Any room, group of rooms, building or other enclosure used or intended for use, in whole or in part, in the operation of one business enterprise for manufacturing, fabricating, processing, cleaning, laundering or assembling any product, commodity or article, or from which any industrial wastewater, as distinct from domestic wastewater, shall be discharged. 26. Industrial User. A source oflndirect Discharge. 27. Industrial Wastewater. Any liquid, gaseous or waterborne wastewater discharged into the Sewer System from commercial or industrial establishments, as distinct from domestic wastewater. 28. Interference. A discharge which, alone or in conjunction with a discharge or discharges from other 3 sources, causes the inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use or disposal, and therefore is a cause of a violation of any requirement of the Authority's NPDES Permit, including an increase in the magnitude or duration of a violation. The term includes a discharge which causes the prevention of sewage sludge use or disposal by the POTW in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent state and local regulations): Section 405 of the Clean Water Act (33 U.S.c. ~ 1345); the Solid Waste Disposal Act (SWDA) including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA); the Clean Air Act; the Toxic Substances Control Act; the Marine Protection, Research and Sanctuaries Act; and any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA applicable to the method of disposal or use employed by the POTW. 29. Medical Waste. Isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes. 30. Metering Facilities. A flow measuring system, designed and installed in accordance with accepted engineering practices, and approved by the Authority for the measurement of wastewater flows. For industrial and nonresidential establishments, publicly-metered water use records may be considered "Metering Facilities" if approved by the Authority. 31. National Pollutant Discharge Elimination Svstem CNPDES) Permit. A permit issued pursuant to Section 402 of the Act (33 U.S.c. S1342). 32. National Prohibitive Discharge Standard Or Prohibitive Discharge Standard. Any regulation developed under the authority of Section 307(b) of the Act and set forth in 40 CFR S403.5. 33. New Source. Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which is commenced after the publication of proposed Federal Categorical Pretreatment Standards under Section 307(c) of the Act, which will be applicable to such source, if such standards are thereafter promulgated in accordance with that section provided that the building, structure, facility or installation is constructed at a site at which no other source is located; the building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or the production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. Construction on a site at which an existing source is located results in modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of the above paragraph, but otherwise alters, replaces or adds to existing process or production equipment. Construction of a new source as defined under this paragraph has commenced if the owner or operator has begun, or caused to begin, as part of a continuous on site construction program any placement, assembly or installation of facilities or equipment; significant site preparation work including clearing, excavation, or removal of existing buildings, structures or facilities which are necessary for the placement, assembly or installation of new source facilities or equipment; or entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in the operation within a reasonable time. 4 , . Options to purchase or contracts, which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this paragraph. 34. Noncontact Cooling Water. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product or finished product. 35. Nonresidential Establishment. A commercial, institutional or industrial establishment. 36. North American Industry Classification System (NAICS). A classification system pursuant to the North American Industry Classification System, United States, 2002 Manual, as amended, Office of Management and Budget. 37. Owner. Any Person vested with ownership, legal or equitable, sole or partial, of any Improved Property located within the sewer service area. 38. Pass Through. A discharge that exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the Authority's NPDES Permit, including an increase in the magnitude or duration of a violation. 39. Person. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, society or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by context. 40. mi. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per Liter of solution and indicates the degree of acidity or alkalinity of a substance. 41. Pollutant. Any dredged spoil, solid waste, incinerator residue, filter backwash, domestic wastewater, industrial wastewater, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, industrial, municipal and agricultural wastes, and certain characteristics of wastewater (e.g., Biochemical Oxygen Demand (BOD), Chemical Oxygen Demand (COD), Color, Odor, pH, Temperature, Total Suspended Solids (TSS), Toxicity or Turbidity). 42. Pretreatment or Treatment. The reduction of the amount of pollutants, the elimination of pollutants, the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, discharging or otherwise introducing such pollutants into a POTW. This reduction or alteration can be obtained by physical, chemical or biological processes; by process changes; or by other means, except as prohibited by 40 CFR S403.6(d), which prohibits dilution as a substitute for treatment. 43. Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment, other than a Pretreatment Standard imposed upon an Industrial User. 44. Pretreatment Standards. Prohibited discharge standards, Federal Categorical Pretreatment Standards and local limits. 5 45. Publicly Owned Treatment Works (POTW). A treatment works, as defined by Section 212 of the Act (33 U.S.c. ~1292), which is owned, in this instance, by the Authority. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of domestic or industrial wastewater. It also includes pipes, sewers and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality as defined in Section 502(4) of the Act (33 U.S.c. ~1362(4)), which has jurisdiction over indirect discharges to, and the discharges from, such a treatment works. 46. Residential Establishment. Any private dwelling, any dwelling unit in a double house or in a row of connecting houses, any apartment, room, group of rooms, house, trailer, mobile home, building or other structure occupied or intended for occupancy as separate living quarters by a family or other group of persons living together or by persons living alone, excluding institutional dormitories, but including personal care boarding homes licensed by the Commonwealth. 47. Schedule of Fees and Charges: A Schedule, adopted by Resolution of the Authority, setting furtl1er various fees and charges to be levied by the Authority for different purposes relative to the Sewer System. The Schedule of Fees and Charges shall be considered part of the Official Rates, Rules and Regulations. 48. Sewer. Any pipe, main or conduit constituting a part of the Sewer System, used or usable for collection and transportation of domestic and industrial wastewater, other than a building sewer. 49. Sewer Rents: All rates charged for sewer service imposed under the Schedule of Fees and Charges, including volume charges, charges for excess strength wastewaters and penalties and interest charges imposed under such schedule. 50. Sewer Service Area. That area of the Sewer System served by the POTW, which includes the area around Plainfield, West Pennsboro Township, Cumberland County. 51. Sewer Service Lateral. That part of the Sewer System that extends from the sewer main to a point near the edge ofthe public right-of-way. The service lateral shall be maintained by the Owner. 52. Sewer Svstem. All facilities and property owned by the Authority, as of any particular time, including, but not limited to, facilities for collecting, pumping, conveying and treating domestic and industrial wastewater. 53. Shall is mandatory; May is permissive. 54. Significant Industrial User. Any nonresidential User of the POTW who is subject to Federal Categorical Pretreatment Standards; or discharges an average flow of 25,000 gallons per day or more of process wastewater to the POTW (excluding domestic, noncontact cooling water and boiler blowdown wastewater); or contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as significant by the Authority on the basis that the nonresidential User has a reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement. Upon finding that a nonresidential User meeting the criteria in paragraphs (B) through (D), above, has no reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement, the Authority may at any time, on its own initiative or in 6 response to a petition received from the nonresidential User determine that such nonresidential User should not be considered a Significant Industrial User. 55. Slug. Any discharge of a non-routine, episodic nature, or at a flow rate or concentration which could cause a violation of the General or Specific Prohibited Discharge Standards in Sections 5.1 and 5.2 of these Rates, Rules and Regulations. 56. State. Commonwealth of Pennsylvania. 57. Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom. 58. Street. Any street, road, lane, court, alley or public square. 59. Tapping Fee. A fee, as established and defined by Act 203 of 1990 and amended by Act 57 of 2003, imposed for the privilege of connecting with or utilizing, whether directly or indirectly, the Sewer System. This fee is payable to the Authority. 60. Total Suspended Solids. The total suspended matter that floats on the surface or is suspended in water, wastewater or other liquids, and which is removable by laboratory filtering. 61. Toxic Pollutant. One of the pollutants, or a combination of those pollutants, listed as toxic in regulations promulgated by EP A under the provision of Section 307(a) (33 U.S.c. S 1317) of the Act or other acts. 62. User. Any Person who contributes, causes or allows the contribution of wastewater into the POTW. 63. Waters of the State. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulation of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof. Section 1.2 Abbreviations The following abbreviations shall have the designated meanings: . BMR Baseline Monitoring Report . BOD Biochemical Oxygen Demand . CFR Code of Federal Regulations . COD Chemical Oxygen Demand . DEP Pennsylvania Department of Environmental Protection . EPA Environmental Protection Agency . EDU Equivalent Dwelling Unit . GPD Gallons Per Day . L Liter . LEL Lower Explosive Limit . mg Milligrams . mg/L Milligrams Per Liter 7 . MGD Million Gallons Per Day . NH3 -N Ammonia Nitrogen . NOV Notice of Violation . NPDES National Pollutant Discharge Elimination System . NAICS North American Industry Classification System . O&M Operation and Maintenance . POTW Publicly Owned Treatment Works . RCRA Resource Conservation and Recovery Act . SNC Significant Noncompliance . SWDA Solid Waste Disposal Act . TSS Total Suspended Solids . U.S.c. United States Code 8 ARTICLE II. SEWER CONNECTION PERMITS Section 2.1 Permit Required for Connection No connection shall be made nor construction of the building sewer commenced unless and until the owner of the improved property shall have made application for a sewer connection permit as provided herein and until a sewer connection permit is issued by the Authority. A sewer connection permit shall also be required when a new building or facility with an estimated wastewater flow of at least one EDD is connected to an existing building or the internal drainage system of an existing building, or, an existing building or facility is expanded in such a way that the increased potential for the generation of wastewater equals or exceeds one EDU. No sewer connection permit shall be issued unless there is sufficient capacity in the Sewer System to convey the wastewater to the wastewater treatment plant and sufficient capacity in the wastewater treatment plant exists to treat the wastewater. Section 2.2 Application for Permit Application for connection to the Sewer System, as required under Section 2.1 of this Article, shall be made by the owner of the improved property to be served, or by his duly authorized representative, on a form provided by the Authority. Connection permit applications shall be accompanied by plans and specifications as required under the Authority's Standard Constroction and Material Specificationsfor the Wastewater Collection System. Upon receipt of a properly prepared application for connection to the Sewer System, together with the required Connection and Tapping Fees, the Authority may issue a sewer connection permit to the owner of the improved property. The sewer connection permit shall describe the property for which the permit is issued, and neither the owner nor any subsequent owner or tenant shall allow any other property to be attached to or connected with the sewer lines or transferred to another property as authorized under the permit. 9 ARTICLE III. SEWER CONNECTION PROCEDURES AND SPECIFICATIONS Section 3.1 Authority Standards No connection shall be made to the Sewer System unless the manner in which the connection is made and the materials and workmanship employed in effecting such connection shall comply with the requirements of the Authority's Standard Construction and Material Specifications for the Wastewater Collection System. Section 3.2 Conditions of Connections No person shall make or cause to be made a connection on any improved property with a sewer until such person shall have fulfilled each ofthe following conditions: A. The owner of improved property shall have applied for and obtained a permit as required by Section 2.1 of these Rates, Rules and Regulations. B. The owner of improved property shall obtain the necessary and proper rights-of-way, easements or the like prior to installation of the service lateral. The Authority assumes no responsibility for establishing the right of any person to install a service lateral on any particular property. C. The Authority shall construct the sewer service lateral if the connection is made to an existing public sewer main owned by the Authority. At the discretion of the Authority, and if the owner enters into a Sewer Connection Agreement with the Authority, as shown in Appendix 1 of these Rates, Rules and Regulations, the owner may be responsible for installation of the service lateral. The owner shall give the Authority at least three (3) days advance notice when the connection will be made to the Sewer System so that the Authority may supervise and inspect the connection work and necessary testing. D. The sewer connection permit shall be displayed prominently upon the improved property to be connected to the Sewer System at all times during construction of the building sewer and connection of the building sewer to the sewer main. E. Wastewater may only be discharged to the Sewer System through an approved connection. Any unlawful discharges may be subject to enforcement action by the Authority. Section 3.3 Separate Connections Except as otherwise provided in this section, each connection unit on each improved property shall be connected separately and independently with the Sewer System through a building sewer. Grouping of more than one connection unit on one building sewer shall not be permitted except under special circumstances, and then only after special permission is secured from the Authority in writing. However, a single sewer connection may be permitted to serve a school, factory or apartment house or other permanent multiple unit structure whose individual apartments or units may not be subject to separate ownership. 10 Section 3.4 Building Sewers and Service Laterals A. Building sewers and service laterals shall be constructed, installed and connected in accordance with the Authority's Standard Construction and Material Specifications for the Wastewater Collection System. B. A manufactured vented trap will be a required component of the building sewer unless the property owner chooses to sign a Building Sewer Trap Waiver Form. c. Building sewers and service laterals shall be constructed and installed at the expense of the property owner. .. D. Service laterals, including any connection fitting such as a saddle, shall remain the property of the owner. As a condition of the grant of a connection permit, such owner shall agree to indemnify and save harmless the Authority from all loss or damage resulting from directly or indirectly from the connection to the sewer main, including any damages to persons or property. E. Every excavation for building sewers or service laterals shall be guarded adequately with banicades and lights to protect all persons from damage and injury. Streets, sidewalks and other public property disturbed in the course of installation of building sewers and service laterals shall be restored at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to the Authority. Section 3.5 Correction of Defects in Building Sewers Whenever the Authority has reason to believe that any building sewer has become defective, such building sewer Shall be subject to testing and inspection. Defects found upon such testing and inspection, if any, shall be corrected as required by the Authority, at the cost and expense of the owner of the improved property served through such building sewer. Section 3.6 Maintenance of Building Sewers and Service Laterals The maintenance of building sewers and service laterals shall be the responsibility of the property owner except as provided herein. A. Where owner's efforts to maintain or restore service establishes that there is a blockage in or structural failure of the service lateral, which requires excavation of the service lateral to effect repair and/or restoration of service, the owner will bear the cost of such excavation and subsequent repair of the service lateral. B. When it is determined by the Authority that a service lateral is in need of repair and/or modification, either to eliminate the entry of ground water or to eliminate an illegal discharge, the Authority shall notify the owner and specify a period of time within which the repair must be made. If the owner does not make the repair or modification within the specified period of time, the Authority may complete the work and assess the cost of the work, plus ten percent for administrative costs, to the owner. 11 C. Replacement of building sewers and service laterals shall be in accordance with the Authority's Standard Construction and Material Specifications for the Wastewater Collection System. Section 3.7 Grinder Pump Requirements There may be instances in which grinder pumps are necessary for connection to the Authority's Sewer System. Property owners shall submit a completed application, as provided by the Authority, together with a nonrefundable fee, as specified in the Authority's Schedule of Fees and Charges, to the Authority before such connections are approved. Installation of grinder pumps shall be in accordance with provisions contained in the Authority's Standard Construction and Material Specifications for the Wastewater Collection System. Costs for installation of such approved grinder pumps shall be borne by the property owner. Every grinder pump unit installation shall be inspected and approved by the Authority prior to connection to the service lateral. The grinder pump unit and appurtenances shall remain the property of the owner. Maintenance of the grinder pump pressure system to the point of connection with the service ,lateral shall be the responsibility of the property owner. The Authority or its representatives may periodically inspect grinder pump installations during reasonable hours to ensure the installations are functioning properly. Section 3.8 Grease Interceptor and OillWater Separator Requirements The Authority may require any existing food service establishment and shall require all new food service establishments to install grease traps or grease interceptors subject to such terms and conditions as deemed necessary by the Authority to protect the sewer system and the wastewater treatment plant from excessive amounts of fats, oils and grease (FOG). Among the factors to be considered by the Authority is whether the User's discharge has the potential to obstruct the flow in the sewer or to interfere with the operation of the wastewater treatment plant. Sizing of grease traps and grease interceptors is based on wastewater flow and grease retention capacity. Indoor grease traps shall be designed in accordance with the Plumbing and Drainage Institute Standard PDI-G 1 0 1. If feasible, a grease interceptor shall be placed outside the building instead of an inside grease trap. The minimum size grease interceptor required is 1,000 gallons. Interceptors can be installed in series if greater capacity is needed. Grease interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme . changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place shall be gastight and watertight. Other design considerations shall include, but are not limited to the following: minimum of two compartments, each with its own manhole, and a center baffle to allow floating of FOG and settling of solids; inlet and outlet em grease interceptor shall be properly baffled; flow control devices; manholes finished to grade to allow easy access for proper maintenance; cleanout on outlet side of interceptor; inaccessibility to insects and vermin; and installation of sample vault with hydraulic jump on discharge side of interceptor. Grease traps and grease interceptors shall be located in the service lateral line between all fixtures that may introduce FOG into the sewer system and the service connection to the Authority sewer system. Such fixtures include, but are not limited to, sinks, dishwashers, garbage disposals, automatic hood wash units, floor drains in food preparation and storage areas, and any other fixture that is determined to be a potential source of FOG. Indoor grease traps will not be approved for food service establishments that are equipped 12 with dishwashers or garbage disposals. The trap/interceptor size, type of construction, and the location of the installation, shall be approved by the Authority, prior to installation. Grease traps and grease interceptors shall be inspected, cleaned and repaired regularly, as needed, by the owner at his expense. In the maintaining of grease traps and grease interceptors, the owner shall be responsible for the proper removal and disposal of the captured material, and shall maintain records, which include dates of maintenance, person performing maintenance, estimated volume of FOG removed, hauler receipts or manifests, disposal locations and facility manager's verification. The frequency of cleaning shall be as specified by the trap/interceptor manufacturer, based on the size of the food service establishment and the type of food served, whichever is the most stringent. Such records are subject to review by the Authority. Authority personnel may make periodic inspections of the installed facilities and associated records to assure proper installation, maintenance and disposal procedures are being practiced. Oil/water separators shall be installed at existing automotive repair facilities and car washes if the potential exists for petroleum oils to be discharged to the sewer system via floor drains. New facilities of this type are prohibited from installing floor drains that are connected to the sewer system. The type and size of oil/water separator shall be determined by the owner and approved by the Authority prior to installation. Oil/water separators shall be inspected, cleaned and repaired regularly, as needed, by the owner at his expense. The owner shall be responsible for the proper removal and disposal of the captured material from oil/water separators, and shall maintain records of the dates and means of disposal. Such records are subject to review by the Authority. Authority personnel may make periodic inspections of the installed facilities and associated records to assure proper installation, maintenance and disposal procedures are being practiced. Section 3.9 Change in Ownership or Tenancy An application for sewer service on a form provided by the Authority shall be submitted for Authority approval upon any change in ownership of property or any change in the type of service, as indicated on the application form. The Authority shall have the right, upon five (5) days notice, to discontinue the sewer service until such new application is submitted and approved. 13 ARTICLE IV. EXTENSIONS AND ADDITIONS TO SEWER SYSTEM Section 4.1 Extensions Made By Builder, Developer and Other Person A. In cases when a builder, developer or other person desires sewer to be furnished to a development or specific area, but the Authority declines to provide such extension at Authority expense, the builder, developer or other person may elect to construct the sewer extension at his own expense. These extensions shall be designed and constructed in accordance with the Authority's Standard Construction and Material Specifications for the Wastewater Collection System. B. The builder, developer or other person shall obtain all necessary permits from the pertinent regulatory agencies for the construction, including DEP Planning Modules. Plans and specifications shall be submitted to the Authority for approval prior to any construction in accordance with the Authority's Standard Construction and Material Specifications for the Wastewater Collection System. C. Before construction has commenced, the applicant shall post financial security with the Authority in an amount established by the Authority to insure payment of all obligations relating to the proposed installation, including the estimated construction costs and the estimated amount to be paid to the Authority for the cost of inspecting and the cost of replacing or repairing any part of the extension that has not been constructed in a manner satisfactory to the Authority. The applicant may also, in lieu of a bond, provide a letter of credit to the Authority in the amount as determined above, provided the letter of credit is satisfactory to and in a form approved by the Authority. The property owner or developer shall assume all costs associated with the posting and release of financial security. D. A Sewer Extension Agreement, as shown in Appendix 2 of these Rates, Rules and Regulations, shall be executed between the applicant and Authority under which the applicant agrees to offer to the Authority a deed of dedication to the collection system to be installed upon completion of the sewer extension. The Sewer Extension Agreement is an irrevocable offer of dedication of facilities. Such deed shall convey all right, title and interest in the collection lines to the Authority free and clear of all encumbrances and charges. The Authority agrees to accept such deed of dedication upon completion, provided: 1. The location, plans and specifications for the sewer facilities are approved by the Authority or its representative prior to the start of construction. 2. Approval of grades and locations has been obtained from appropriate governmental agenCIes. 3. Sewer facilities have been constructed III accordance with the approved plans and specifications. 4. Inspection by Authority or its representative is permitted during all stages of construction, during which the developer shall comply with reasonable requests of the Authority or its representative, as to advance notice of time when inspection is to be made. 5. Developer shall cooperate with and assist the Authority in obtaining the necessary 14 Highway Road Occupancy Permits from PennDOT or the appropriate municipality for the laying of sewer mains in public highways. Developer shall pay all expenses relative to compliance with state and local requirements, and shall hold the Authority harmless from any costs, including inspection fees, relative to state and local requirements. 6. A final inspection has been performed by the Authority or its representative, and all sewer mains and appurtenances are found to be operational and in good repair. 7. All streets within which sewer mains and appurtenances to be dedicated to the Authority have been installed, have finished paving and have been dedicated to the municipality. 8. The Authority has voted to accept dedication. 9. Sewer service may be permitted before final dedication provided an engineering statement of acceptability has been received from the Authority's Engineer. E. The financial security shall not be released in entirety until the improvements are completed to the satisfaction of the Authority, including all final adjustments to grade, acceptance of a deed of dedication by the Authority, and posting of security to guarantee the installed improvements for a maintenance period of eighteen (18) months commencing from the date of the acceptance of the deed of dedication. The amount of the maintenance guaranty shall be fifteen percent (15%) of the actual cost to install the improvements. The owner or developer shall specify an estimated date for completion of the improvements. The security posted, less any authorized reductions, shall remain in place through the date of completion. F. The financial security shall assure completion of all improvements, which are intended to be dedicated to the Authority. The acceptance of this financial security shall in no way bind the Authority to complete these improvements that are typically the responsibility of the owner or municipality, such as, but not limited to, installation of sewer laterals or mains, or roadway surfacing above subgrade. Where improvements are not completed in compliance with the Authority's Standard Construction and Material Specifications for the Wastewater Collection System and/or the development plan, the Authority shall pursue completion of the improvements and enforcement of the financial security. G. When a service connection is made to the Sewer System or an extension of a sewer main is to be made to serve a development, the owner or developer is required to extend the sewer mains along streets and/or easements and through property, which is to be served or is subject to the approved development plan, to the farthest limit of the property from the end of the existing sewer facilities to be extended. 15 ARTICLE V. GENERAL SEWER USE REQUIREMENTS Section 5.1 General Prohibited Discharge Standards No User shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will pass through or interfere with the operation or performance of the POTW. These general prohibitions apply to all Users of the POTW, whether or not the User is subject to Federal Categorical Pretreatment Standards or any other Federal, State or local Pretreatment Standards or Requirements. Section 5.2 Specific Prohibited Discharge Standards These specific prohibitions apply to all Users of the POTW, whether or not the User is subject to Federal Categorical Pretreatment Standards or any other Federal, State or local Pretreatment Standards or Requirements. A User may not contribute the following substances to the POTW: A. Any liquids, solids or gases which, by reason of their nature or quantity are, or may be sufficient either alone or by interaction with other substances, to create a hazard of fire or explosion, or to be injurious in any other way to the POTW, or to the operation of the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit (l400F) or 60 degrees Centigrade (60oC) using the test methods specified in 40 CFR ~261.21. At no time shall two (2) successive readings on an explosion hazard meter at the point of discharge into the Sewer System (or at any point in the Sewer System) be more than five percent (5%), nor any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter. Except as otherwise provided by the Authority, prohibited materials include, but are not limited to: gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides, and any other substance which is a fire hazard or a hazard to the Sewer System. B. Solid or viscous substances which may cause obstruction to the flow in a sewer or other interferences with the operation of the wastewater treatment facilities, such as, but not limited to: grease, garbage with particles greater than one-half inch (1,12") in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, glass grinding or polishing wastes. C. Any wastewater having a pH less than 6.0 or more than 10.0, or otherwise causing corrosive structural damage to the POTW or equipment. D. Any wastewater containing pollutants in sufficient quantity, which either singly or by interaction with other pollutants, injures or interferes with any wastewater treatment process, constitutes a hazard to humans and animals, creates a toxic effect in the receiving waters of the POTW, or exceeds the limitations set forth in a Federal Categorical Pretreatment Standard. E. Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems or any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life, or are sufficient to prevent entry into the sewers for maintenance or repair. 16 F. Any substance that may cause the POTW's effluent or any other product of the POTW, such as residues, sludges or scums, to be unsuitable for reclamation or reuse, or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act or State criteria applicable to the sludge management method being used. G. Any substance that will pass through, and as a result, cause the POTW to violate its NPDES Permit. H. Any wastewater with objectionable color not removed in the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions. 1. Any wastewater having a temperature which will inhibit biological actlVlty in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 104 degrees Fahrenheit (l040F) or 40 degrees Centigrade (40oC). J. Oil and grease, including petroleum oil, nonbiodegradable cutting oil, products of mineral oil origin, and animal and vegetable oils in amounts greater than 100 mg/L unless the User demonstrates to the satisfaction of the Authority that the discharge is composed primarily of animal and vegetable Oil and would not cause operational or other problems to the POTW treatment plant and collection system. In no case shall oil and grease be discharged at a level that, alone or in conjunction with discharges from other sources, will cause interference or pass through. K. Hauled Waste of industrial origin is prohibited. Hauled Waste of domestic origin is prohibited. L. Any pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration that cause interference to the POTW. M. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Authority in compliance with applicable State or Federal regulations. N. Any wastewater that causes a hazard to human life or creates a public nuisance. O. Any storm water, surface water, ground water, roof runoff, subsurface drainage, swimming pool drainage, cooling water, unpolluted industrial or nonresidential process water. The discharge of cooling water from air conditioning units with cooling towers or recirculating systems or those units using flow-through or unrecirculating systems is prohibited. P. Medical wastes, except as specifically authorized by the Authority in a Wastewater Discharge Permit. Q. Detergents, surface-active agents or other substances that may cause excessive foaming in the POTW. 17 Section 5.3 Federal Categorical Pretreatment Standards The Federal Categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, ~~405-471, are hereby incorporated. A. When regulated wastestreams, subject to a Categorical Standard, are mixed with unregulated wastestreams, the Authority may impose alternate limits using the combined waste stream formula found in 40 CFR ~403.6(e). B. Where a Categorical Standard is expressed only in terms of either mass or concentration for a pollutant, the Authority may impose equivalent concentration or mass limits in accordance with 40 CFR ~403.6(c). C. A User may obtain a variance from a Categorical Standard if the User can prove, pursuant to the procedural and substantive provisions in 40 CFR ~403.13, that factors relating to its discharge are fun(:lamentally different from the factors considered by EP A when developing the Categorical Standard. D. A User may obtain a net gross adjustment to a Categorical Standard in accordance with 40 CFR ~403.l5. E. Where there is a conflict between Federal, State or local Pretreatment Standards, the more stringent Pretreatment Standard shall apply. Section 5.4 Specific Pollutant Limitations The Authority may establish additional limitations, as deemed necessary, to protect against pass through and interference, and to protect the sludge quality. Limits may be allocated on an individual basis to the Industrial Users and defined through Wastewater Discharge Permits. Section 5.5 Right of Revision The Authority reserves the right to establish through a Wastewater Discharge Permit more stringent limitations or requirements on discharges to the Sewer System, if deemed necessary and appropriate, to comply with the objectives presented in these Rates, Rules and Regulations. Section 5.6 Dilution No User shall ever increase the use of process water, or, in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable Pretreatment Standard or Requirement. Section 5.7 Pretreatment Facilities Users shall provide necessary wastewater treatment as required to comply with these Rates, Rules and Regulations and shall achieve compliance with all Federal Categorical Pretreatment Standards, local limits 18 and the prohibitions set out in Sections 5. land 5.2 of this Article. Any facilities required to pretreat wastewater to a level acceptable to the Authority shall be provided, operated and maintained at the User's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Authority for review, and shall be subject to Authority approval before construction of the facility. The Authority does not by its approval of any of the designs or installation of the plans and equipment, or of any other information or plans submitted by a User, warrant or aver in any manner that the User's implementation of such measures will result in compliance with the applicable Pretreatment Requirements. Notwithstanding any approval of such plans by the Authority, the User remains solely responsible for compliance with the applicable Pretreatment Requirements and all other federal, state and local requirements. The review of such plans and operating procedures will in no way relieve the User from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the Authority under the provisions of these Rates, Rules and Regulations. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the Authority prior to the User's initiation of the changes. The User shall at all times properly operate and maintain all pretreatment facilities and systems of treatment and control (and related appurtenances) which are installed or used by the User to achieve compliance with Pretreatment Requirements. This includes adequate laboratory controls and appropriate quality assurance procedures, the operation of back-up or auxiliary facilities, or similar systems which are installed by the User only when the operation is necessary to achieve compliance. The intentional diversion of wastestreams from any portion of the User's treatment facility is prohibited, except as provided by Section 9.3 (B) ofthese Rates, Rules and Regulations. Section 5.8 Additional Pretreatment Requirements Whenever deemed necessary, the Authority may require a User to restrict its discharge during peak flow periods; to discharge at a consistent flow rate; to discharge certain industrial wastewaters only into specific sewers; to relocate and/or consolidate points of discharge; to separate domestic wastewater from industrial wastewater; and to perform and maintain such other conditions as may be necessary to protect the POTW and to determine the User's compliance with the requirements of these Rates, Rules and Regulations. Section 5.9 Accidental Discharge/Slug Control Plans Upon notification from the Authority, a User shall provide protection from accidental and slug discharges of prohibited materials or other substances regulated under these Rates, Rules and Regulations, or Federal or State regulations. Facilities to prevent accidental or slug discharges of prohibited materials shall be provided and maintained at the User's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Authority for review, and shall be subject to Authority approval before construction of the facility. A User shall develop. and implement an Accidental Discharge/Slug Control Plan when designated by the Authority. An Accidental Discharge/Slug Control Plan shall address, at a minimum, the following provisions: A. Description of discharge practices, including non-routine batch discharges. B. Description of stored chemicals. C. Procedures for immediately notifying the POTW of any accidental or slug discharge, as required by Section 7.6 of these Rates, Rules and Regulations. 19 D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic poHutants, including solvents and/or measures and equipment for emergency response. E. Such other conditions as deemed appropriate by the Authority. Section 5.10 Hauled Waste Should the Authority decide to accept Hauled Waste of domestic origin, such waste may be introduced into the POTW only at locations designated by the Authority, and at such times as are established by the Authority. Such waste shall not violate these Rates, Rules and Regulations or any other requirements established by the Authority. 20 ARTICLE VI. WASTEWATER DISCHARGE PERMITS Section 6.1 Waste Survey When requested by the Authority, all nonresidential users must submit information on the nature and characteristics of their wastewater by completing a Waste Survey within thirty (30) days of the request. The Authority is authorized to prepare a form for this purpose and may periodically require Users to update the survey. Section 6.2 Wastewater Discharge Permit Requirements A. No Significant Industrial Users (SIU) shall discharge wastewater into the POTW without first obtaining a Wastewater Discharge Permit from the Authority, except when a Significant Industrial User has filed a timely permit application pursuant to paragraphs (B) and (C) of this section, then theSIU may continue to discharge for the time period specified therein. B. Any Significant Industrial User which discharges industrial wastewater into the POTW prior to the effective date of these Rates, Rules and Regulations and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to the Authority for a Wastewater Discharge Permit in accordance with Section 6.3 of this Article, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of these Rates, Rules and Regulations except in accordance with a Wastewater Discharge Permit issued by the Authority. C. Any Significant Industrial User proposing to begin or recommence discharging industrial wastewater into the POTW must obtain a Wastewater Discharge Permit prior to the beginning or recommencing of such discharge. An application for this Wastewater Discharge Permit shall be filed at least sixty (60) days prior to the date upon which any discharge is expected to begin. D. The Authority may require other nonresidential Users to obtain Wastewater Discharge Permits as necessary to carry out the purposes of these Rates, Rules and Regulations. In any case, the owner or his agent shall complete a permit application furnished by the Authority when requested. E. Any violation of the terms and conditions of a Wastewater Discharge Permit shall be deemed a violation of these Rates, Rules and Regulations and subjects the User to the sanctions set out in Sections 9.1 and 9.2 of these Rates, Rules and Regulations. Obtaining a Wastewater Discharge Permit does not relieve the User of its obligation to comply with all Federal, State and local Pretreatment Standards or Requirements. Compliance with a Wastewater Discharge Permit will not be a defense for a User's failure to comply with applicable federal, state or local requirements. Section 6.3 Wastewater Discharge Permit Application A. Users required to obtain a Wastewater Discharge Permit shall complete and file with the Authority, an application in the form prescribed by the Authority, and accompanied by the required permit fee. In support of the application, the User shall submit in units and terms appropriate for evaluation, information including, but not limited to, the following: name, address 21 and location; NAICS number, according to the North American Industry Classification System, United States, 2002 Manual, Office of Management and Budget; description of activities, facilities and plant processes on the premises, including all materials used or stored at the facility, which are or could be discharged to the POTW; water use and disposal; time and duration of contribution; average daily wastewater flow rates, including seasonal variations, if any; each product manufactured by type, amount, process or processes, and rate of production; type and amount of raw materials processed; number and type of employees, hours of plant operation, and proposed or actual hours of operation of pretreatment system; wastewater constituents and characteristics as: determined by a reliable analytical laboratory; site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections, floor drains and appurtenances by size, location and elevation; the nature and concentration of any pollutants in the discharge which are limited by any local, State or Federal Pretreatment Standards, and a statement regarding whether or not the Pretreatment Standards are being met on a consistent basis, and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the User to meet applicable Pretreatment Standards and the shortest schedule by which the User will provide such additional pretreatment; and any other information as may be deemed by the Authority to be necessary to evaluate the permit application. The permit application shall be signed by an authorized representative of the User. B. Applications that are incomplete or believed to be inaccurate will not be processed and will be returned to the User for revision. Section 6.4 Application and Reporting Signatories and Certification All Wastewater Discharge Permit applications and User reports must be signed by an authorized representative of the User and contain the following certification statement: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, hue, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Section 6.5 Wastewater Discharge Permit Decisions The Authority will evaluate the data furnished by the User and may require additional information. The Authority may request additional information, issue a Wastewater Discharge Permit or deny any application for a Wastewater Discharge Permit. Section 6.6 Wastewater Discharge Permit Conditions Wastewater Discharge Permits are subject to all provisions of these Rates, Rules and Regulations and all other applicable regulations, User charges and fees established by the Authority. In addition, Wastewater 22 Discharge Pem1its may include such conditions as are reasonably deemed necessary by the Authority to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality and protect against damage to the POTW. Wastewater Discharge Permits may contain the following conditions: A. A statement that indicates the Wastewater Discharge Permit duration, which in no event shall exceed five (5) years. B. A statement that the Wastewater Discharge Permit is nontransferable without prior notification to and approval from the Authority, and provisions for furnishing the new owner or operator with a copy of the existing Wastewater Discharge Permit. C. Effluent limits based on applicable Pretreatment Standards. D. Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of pollutants to be monitored, sample location, sample frequency and sample type based on Federal, State and local law. E. Statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements, any applicable compliance schedule and any other requirement set forth in these Rates, Rules and Regulations. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State and local law. F. Limits on average and/or maximum rate and time of discharge and/or requirements for flow regulations and equalization. G. Limits on the average and/or maximum wastewater constituent concentrations, mass or other measure of identified wastewater pollutants or properties, and limits on the location of discharge points. H. Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices, designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works. 1. Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or non-routine discharges. J. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW. K. Requirements for the installation and proper operation and maintenance of a User's treatment facility, inspection and sampling facilities, and other equipment; and notification to the Authority regarding the failure of such facilities and equipment. L. Requirements for maintaining and affording Authority representatives, including contractors, access to a User's property and plant records relating to discharges. M. Requirements for notification of any new introduction of wastewater constituents or any 23 substantial change in the volume or character of the wastewater constituents. N. A statement that compliance with the Wastewater Discharge Permit does not relieve the User of the responsibility for compliance with all applicable Pretreatment Standards, including those that become effective during the term of the Wastewater Discharge Permit. O. Other conditions as deemed appropriate by the Authority to ensure compliance with these Rates, Rules and Regulations, and State and Federal laws, rules and regulations, or as otherwise deemed necessary to protect the POTW, sludge quality, human health and the environment. Section 6.7 Wastewater Discharge Permit Issuance Process A. Permit Duration: Wastewater Discharge Permits shall be issued for a specified time period, not to exceed five (5) years from the effective date of the Permit. A Wastewater Discharge Permit may be issued for a period ofIess than five (5) years at the discretion of the Authority. B. Permit Appeals: Any person, including the User, may petition the Authority to reconsider the terms of a Wastewater Discharge Permit within thirty (30) days of its issuance or modification. Such petition must be in writing and must clearly state all facts on which it relies. Failure to submit a timely petition for review shall be deemed a waiver of the administrative appeal. In its petition, the appealing party must indicate the Wastewater Discharge Permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the Wastewater Discharge Permit. If the appeal is for a modified permit, only the modified permit conditions shall be subject to appeal. The effectiveness of the Wastewater Discharge Permit shall not be stayed pending the appeal. If the Authority fails to initiate action to reconsider the decision within forty-five (45) days, a request for reconsideration shall be denied. Decisions not to reconsider a Wastewater Discharge Permit, or not to modify a Wastewater Discharge Permit, shall be considered a final administrative action for purposes of judicial review. C. Permit Modifications: The terms and conditions of the Wastewater Discharge Permit may be subject to modification by the Authority during the term of the permit for cause. Changes or new conditions in the Wastewater Discharge Permit may include a reasonable time schedule for compliance as authorized by applicable law and as determined by the Authority. Causes for modification to a permit include, but are not limited to, the following: 1. To incorporate any new or revised Federal, State or local Pretreatment Standards or Requirements. 2. To address alterations or additions to the User's operation, processes or wastewater volume or character since the time of Wastewater Discharge Permit issuance. 3. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge. 4. Information indicating that the permitted discharge, either singly or by interaction with other discharges, poses a threat to the Authority's POTW, Authority personnel or the receiving waters, or may place the Authority in violation of its NPDES permit. 5. Violation of any terms or conditions of the Wastewater Discharge Permit. 24 6. Misrepresentations or failure to fully disclose all relevant facts III the Wastewater Discharge Permit application or in any required reporting. 7. Revision of or a grant of variance from Categorical Standards pursuant to 40 CFR 9403.13. 8. To correct typographical or other errors in the Wastewater Discharge Permit. 9. To reflect a transfer ofthe facility ownership and/or operation to a new owner/operator. 10. Any cause identified in paragraph (E)(1) of this section. D. Permit Transfer: Wastewater Discharge Permits are issued to a specific User for a specific operation. A Wastewater Discharge Permit shall not be reassigned or transferred or sold to a new owner, new User, different premises or a new or changed operation without at least thirty (30) days advance notice to the Authority and Authority approval of the Wastewater Discharge Permit transfer. The notice to the Authority must include a written certification by the new owner and/or operator, which provides the name and address of the facility including the name of the new owner and/or operator, states that the new owner and/or operator have no immediate intent to change the facility's operations and processes, identifies the specific date on which the transfer is to occur and acknowledges full responsibility for complying with the existing Wastewater Discharge Permit. In addition, any proposed transfer shall include a written. agreement between the existing User and the new User regarding a proposed date for transfer of permit responsibility, coverage and liability between them. Failure to provide advance notice of a transfer renders the Wastewater Discharge Permit void on the date of facility transfer. The Authority may modify or terminate a transferred permit as set forth in paragraphs (C) and (E) of this section. E. Permit Termination: The Authority may revoke or terminate a Wastewater Discharge Permit for cause, including, but not limited to, the following reasons: 1. Failure to notify the Authority of significant changes in the operation or wastewater volume, constituents and characteristics prior to discharge. 2. Failure to provide prior notification to the Authority of changed conditions pursuant to Section 7.5 of these Rates, Rules and Regulations. " 3. Misrepresentation or failure to fully disclose all relevant facts m the Wastewater Discharge Permit application or reports. 4. Falsifying monitoring reports. 5. Tampering with monitoring equipment. 6. Refusing to allow the Authority or its representative timely access to the facility premises and records. 7. Failure to meet effluent limitations. 8. Failure to timely pay fines. 25 9. Failure to timely pay sewer rentals and charges. 10. Failure to meet compliance schedules. 11. Failure to complete a Waste Surveyor Wastewater Discharge Permit application. 12. Failure to provide advance notice of the transfer of a permitted facility. 13. Violation of any Pretreatment Standard or Requirement, or any conditions of the Wastewater Discharge Permit or these Rates, Rules and Regulations. 14. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge. 15. Information indicating that the permitted discharge, either singly or by interaction with other discharges, poses a threat to the Authority's POTW, Authority personnel or the receiving waters, or may place the Authority in violation of its NPDES Permit. Wastewater Discharge Permits shall be void by the Authority for non-use, cessation of operations or transfer of business ownership. All Wastewater Discharge Permits issued to a particular User are void upon the issuance of a new Wastewater Discharge Permit to that User. A User may be notified of the proposed termination of its Wastewater Discharge. F. Permit Reissuance: Except as otherwise approved by the Authority, a User shall apply for permit reissuance a minimum of ninety (90) days prior to the expiration of the User's existing Wastewater Discharge Permit. Notwithstanding any other provision in these Rates, Rules and Regulations, if a User filed a timely and complete application, and, the Authority, through no fault of the User, has not reissued the Wastewater Discharge Permit prior to the expiration date, the conditions of the existing Wastewater Discharge Permit shall continue until such time the Authority has issued another permit. 26 ARTICLE VII. INDUSTRIAL MONITORING AND REPORTING REQUIREMENTS Section 7.J Baseline Monitoring Report (BMR) Within either 180 days after the effective date of a Federal Categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 CFR S403.6(a)(4), whichever is later, existing Categorical Significant Industrial Users subject to such Categorical Standards, and currently discharging to or scheduled to discharge to the POTW, shall submit to the Authority a Baseline Monitoring Report (BMR), which contains the information listed in 40 CFR S403.l2(b) and in this section. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become Categorical SIUs subsequent to the promulgation of an applicable Categorical Standard, shall submit to the Authority a BMR which contains the information listed in 40 CFR S403.12(b) and in this section. A new source shall report the method of pretreatment it intends to use to meet applicable Categorical Standards, and shall also provide estimates of its anticipated flow and quantity of pollutants to be discharged. Categorical SIUs shall submit the following information for a BMR: A. The name and address of the facility, including the name of the operator and owner. B. A list of any environmental control permits held by or for the facility. C. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by the Categorical SID. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes. D. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process waste streams and other waste streams, as necessary, to allow use ofthe combined waste stream formula, as established in 40 CFR S403.6(e). E. The Federal Categorical Pretreatment Standards applicable to each regulated process and the results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the Categorical Standard or by the Authority, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. At least one sample representative of daily operations shall be provided with the BMR and shall be analyzed in accordance with procedures found in Section 7.8(B) of these Rates, Rules and Regulations. Sampling shall be performed in accordance with procedures found in Section 7.8(A) of these Rates, Rules and Regulations. The BMR shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW. . F. For existing sources, a certification statement, reviewed by the User's authorized representative and certified by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the Pretreatment Standards and Requirements. G. For existing sources, if additional pretreatment and/or O&M will be required to meet the Pretreatment Standards and Requirements, the shortest schedule by which the User will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard or Requirement. A 27 compliance schedule shall meet the requirements set out in Section 7.2 of these Rates, Rules and Regulations. H. All BMRs shall be signed and certified in accordance with Section 6.4 of these Rates, Rules and Regulations. Section 7.2 Compliance Schedule Progress Report The following conditions shall apply to the schedule required by Sections 6.3(A) and 7.1 (G) of these Rates, Rules and Regulations: A. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the User to meet the applicable Pretreatment Standards and Requirements. Such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation. B. No increment referred to in paragraph (A) of this section shall exceed nine (9) months. C. The User shall submit a progress report to the Authority no later than fourteen (14) days following each date in the schedule and the final date of compliance, including, as a minimum, whether or not it complied with the increment of progress to be met on such date, and if not, the date on which it expects to comply with this increment of progress, the reason for the delay, and the steps being taken by the User to return to the established schedule. D. In no event shall more than nine (9) months elapse between such progress reports to the Authority. Section 7.3 Reports on Compliance with Categorical Pretreatment Standard Deadline Within ninety (90) days following the date for final compliance with applicable Categorical Standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any User subject to such Pretreatment Standards and Requirements shall submit to the Authority a report containing the information described in Section 7.1(D) through (F) of these Rates, Rules and Regulations. For Users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR ~403.6(c), this report shall contain a reasonable measure of the User's long-term production rate. For all other Users subject to Categorical Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the User's actual production during the appropriate sampling period. All compliance reports shall be signed and certified in accordance with Section 6.4 of these Rates, Rules and Regulations. Section 7.4 Periodic Compliance Reports A. All Significant Industrial Users subject to a Categorical Standard or any other Pretreatment Standard shall submit Periodic Compliance Reports to the Authority in accordance with 40 CFR ~403.12(e), (g) and (h), as applicable, during the months of June and December, unless 28 required more frequently in the Pretreatment Standard or by the Authority, indicating the nature and concentration of pollutants in the discharge which are limited by such Pretreatment Standards. Both daily maximum and average concentratjons shall be reported. In addition, the report shall include a record of the measured or estimated average and maximum daily flows for the reporting period. At the discretion of the Authority and in consideration of such factors as local high and low flow rates, holidays, budget cycles, etc., the Authority may agree to alter the months during which the above reports are to be submitted. All periodic compliance reports shall be signed and certified in accordance with Section 6.4 of these Rates, Rules and Regulations. . B. The Authority may impose mass limitations on Users where the imposition of mass limitations is deemed appropriate. In such cases, the report required by paragraph (A) of this section shall indicate the mass of pollutants regulated by Pretreatment Standards in the effluent of the User. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass, where requested by the Authority, of pollutants contained therein which are limited by the applicable Pretreatment Standards. The frequency of monitoring shall be as prescribed in the applicable Pretreatment Standard or by the Authority . C. Categorical Industrial Users subject to equivalent mass or concentration limits established by the Authority, in accordance with 40 CFR S403.6(c), shall include in the periodic compliance report a reasonable measure of the User's long-term production rate. Categorical Industrial Users subject to Federal Categorical Pretreatment Standards, which are expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), shall include in the periodic compliance report the User's actual average production rate for the reporting period. Section 7.5 Report of Changed Conditions A. Each User shall notify the Authority of any planned, significant changes to the User's operation or system, which might alter the nature, quality or volume of its wastewater at least thirty (30) days before the change occurs. This notification requirement includes anticipated changes in User production, which can reasonably be expected to impact the POTW. B. The Authority may require the User to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a Wastewater Discharge Permit application under Section 6.3 ofthese Rates, Rules and Regulations. . c. The Authority may issue a Wastewater Discharge Permit under Section 6.5 of these Rates, Rules and Regulations or modify an existing Wastewater Discharge Permit under Section 6.7(C) of these Rates, Rules and Regulations in response to changed conditions or anticipated changed conditions. D. No User shall implement the planned changed condition(s) until and unless the Authority has responded to the User's notice. The Authority may require the User to undertake a compatibility study to demonstrate to the satisfaction of the Authority that the wastewater to be discharged is compatible with the POTW, will not affect any requirements imposed upon the Authority (including sludge disposal requirements), and will not otherwise adversely affect the POTW treatment plant. E. For pUIposes of this requirement, significant changes include, but are not limited to, flow 29 increases of ten percent (10%) or greater, and the discharge of any previously unreported pollutants. Section 7.6 Report of Potential Problems A. In the case of any discharge including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, which may cause potential problems for the POTW or a slug load, the User shall immediately telephone and notify the Authority of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the User. The notification hereunder does not authorize or otherwise condone a discharge in violation of these Rates, Rules and Regulations, a Wastewater Discharge Permit or other applicable Federal, State or local requirements. B. Witpin five (5) days following such discharge, the User shall, unless waived by the Authority, submit a detailed written report describing the cause(s) of the discharge and the measures taken by the User to prevent similar future occurrences. Such notification shall not relieve the User of any expense, damage, loss or other liability which may be incurred as a result of damage to the POTW, natural resources or any other damage to person or property; nor shall such notification relieve the User of any fines, civil penalties or other liability which may be imposed by these Rates, Rules and Regulations or other applicable law. The written report shall be signed by an authorized representative of the User. C. A notice shall be permanently posted on the User's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph (A) of this section. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure. Section 7.7 N otitication of Hazardous Waste Discharge A. Any User who commences discharging after the date of enactment of these Rates, Rules and Regulations establishing this requirement, shall notify the POTW, the EPA Regional Waste Management Division Director and DEP Waste Management authorities in writing, in accordance with 40 CFR ~403.12(p), of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR ~261. Such notification shall include: the name of the hazardous waste as set forth in 40 CFR S261, the EPA hazardous waste number and the type of discharge (continuous, batch, or other). If the User discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the User: an identification of the hazardous constituents contained in the waste, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications under this section shall take place immediately, or no later than, 180 days after the discharge commences, whichever is later. Any notification under this section need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions shall be submitted under Section 7.5 of these Rates, Rules and Regulations. This 30 notification requirement does not apply to pollutants already reported by Users subject to Federal Categorical Pretreatment Standards under the monitoring requirements of Sections 7.1, 7.3 and 7.4 of these Rates, Rules and Regulations. B. Dischargers are exempt from the requirements of paragraph (A) of this section during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous waste, unless the wastes are acute hazardous wastes as specified in 40 CFR ~S261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR ~S261.30(d) and 261.33(e), requires a one-time notification. Subsequent months, during which the User discharges more than such quantities of any hazardous waste, do not require additional notification. . C. In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the User shall notify the Authority, the EPA Regional Waste Management Waste Division Director, and DEP Waste Management authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations. D. In the case of any notification made under this section, the User shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. E. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by these Rates, Rules and Regulations, a Wastewater Discharge Permit issued hereunder or any applicable Federal or State law. Section 7.8 Compliance Monitoring A. Sample Collection: Samples for Cyanide, Oil and Grease, pH, Phenols, Sulfides, Temperature and Volatile Organic Chemicals shall be obtained using grab collection techniques. Grab samples may also be used for any pollutant subject to an instantaneous maximum limitation. All other wastewater compliance monitoring samples shall be collected using flow proportioned composite collection techniques. In the event flow proportioned sampling is not feasible, the Authority may authorize the use of time proportional sampling or grab samples where the User demonstrates that the grab samples will provide a representative sample of the effluent being discharged. If grab samples are used for BMR reporting under Section 7.1 of these Rates, Rules and Regulations, a minimum of four (4) grab samples must be used. . B. Analytical Requirements: All pollutant analyses, including sampling techniques, to be submitted as a part of a Wastewater Discharge Permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR S 136, as amended, unless otherwise specified in an applicable Federal Categorical Pretreatment Standard. If 40 CFR S 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the Authority and EP A. ~ C. Representative Sampling: All wastewater samples shall be representative of the User's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a User to keep his monitoring facility in good working order shall not be grounds for the User to claim the sample results are unrepresentative of the discharge. 31 D. Sampling Frequency: The User shall ensure that an adequate number of samples are collected and analyzed to determine that the process discharge equipment is operating properly and that the wastewater discharge does not violate pretreatment effluent limitations. Except as otheIWise provided, Significant Industrial User sampling for determining compliance shall be collected at least once every six months and analyzed for applicable pollutants. The Authority reserves the right to require sampling more frequently than set forth herein. E. Reporting of Increased Sampling Results: If a User subject to the reporting requirements of these Rules and Regulations or a Wastewater Discharge Permit monitors any pollutant more frequently than required by the Authority, using the procedures prescribed in paragraph (B) of this section, results of this monitoring shall be included in a periodic compliance report. F. Repeat Sampling and Reporting: If sampling performed by a User indicates a violation, the User shall notify the Authority within twenty-four (24) hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the results ofthe repeat analysis to the Authority within thirty (30) days after becoming aware of the violation. The Authority may waive the resampling requirement if the Authority monitors the User's wastewater discharge at least once a month, or if the Authority samples between the User's initial sampling and when the User receives the results of this sampling. G. Recordkeeping: Users subject to the reporting requirements ofthese Rates, Rules and Regulations shall retain, and make available for inspection and copying, all records and information obtained pursuant to any monitoring activities required by these Rates, Rules and Regulations and any additional records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements. Records shall include the date, exact place, method, time of sampling and the name ofthe person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the User, or where the User has been notified, by the Authority, of a longer retention period. H. Right of Entry: The Authority shall have the right to enter the premises of any User to ascertain whether the User is complying with all requirements of these Rates, Rules and Regulations and any Wastewater Discharge Permit issued hereunder. Users shall allow the Authority, or its representative, ready access during all working hours to all parts of the premises for the purposes of inspection, sampling, measurement, testing, records examination and copying, or as necessary for the performance of any additional duties. Where a User has security measures in force, which require proper identification and clearance before entry into its premises, the User shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Authority, or its representatives, will be permitted to enter without delay for the purposes of performing specific responsibilities. I. Inspection and Sampling: The Authority shall have the right to set up on the User's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the User's operations as follows: 1. The Authority may require the User to install monitoring facilities, as necessary, to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring equipment should normally be situated on the User's premises, 32 but the Authority may, in its sole discretion, when such a location would be impractical or cause undue hardship on the User, allow the facility to be constructed in the public street or sidewalk area and located so as not to be obstructed by landscaping or parked vehicles. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the User at the written or verbal request of the Authority and shall not be replaced. The costs of clearing such access shall be borne by the User. . 2. A monitoring structure shall be constructed at a site and in a manner as approved by the Authority. The Authority may require that the monitoring structure be equipped with permanent-type flow measuring, sampling, monitoring, controlling or other devices of a type approved by the Authority. Plans and specifications for the construction of the monitoring structure and all required devices shall be submitted to and approved by the Authority prior to beginning construction. 3. The User shall, upon notifica60n from the Authority, install, maintain and operate a flow monitoring system with a totalizer and any necessary appurtenances required to make the system functional. The User shall, upon notification from the Authority, install, maintain and operate automatic sampling equipment. 4. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the User at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at least annually to ensure their accuracy. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. 1. Search Warrants: If the Authority has been refused access to a building, structure or property or any part thereof, and if the Authority has demonstrated probable cause to believe that a violation of these Rates, Rules and Regulations exists, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Authority designed to verifY compliance with these Rates, Rules and Regulations or a Wastewater Discharge Permit issued hereunder, or to protect the overall health, safety and welfare of the community, then the Authority may seek issuance of a search warrant from the Court of Common Pleas of Cumberland County. Such search warrant shall be served at reasonable hours by the Authority in the company of a law enforcement officer. In the event of an emergency affecting the public health and safety, inspections shall be made without the issuance of a warrant. - Section 7.9 Public Notification t The Authority may publish on an annual basis, or more frequent basis as it deems appropriate, a list of the Users which are in Significant Noncompliance (SNC) with applicable Pretreatment Standards or Requirements during the previous twelve (12) months. The Authority shall not be liable for any damages of any sort, suffered by any User or owner as a result of such publication. Nor shall the Authority incur any liability through publication of incorrect information where such information was believed accurate when published or was the result of administrative or typographical error. The term Significant Noncompliance is defined as the following: 33 A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of the wastewater measurements taken during a 6-month period exceed the daily maximum limit or the average monthly limit for the same pollutant parameter by any amount. B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of the wastewater measurements taken for each pollutant parameter during a 6- month period equal or exceed the product of the daily maximum limit or the average monthly limit multiplied by the applicable criteria (TRC = 1.4 for BOD, Oil and Grease and TSS, and 1.2 for all other pollutants except pH). C. Any other discharge violation that the Authority determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of Authority personnel or the general public. D. Any discharge of pollutants that has caused irmninent endangerment to the public or to the environment, or has resulted in the Authority's exercise of its emergency authority to halt or prevent such a discharge. E. Failure to meet, within ninety (90) days after the scheduled date, a compliance schedule milestone contained in a Wastewater Discharge Permit for starting construction, completing construction or attaining final compliance. F. Failure to provide, within thirty (30) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with Categorical Standard deadlines, periodic compliance reports and reports on compliance with compliance schedules. G. Failure to accurately report noncompliance. H. Any violation(s), which the Authority determines will adversely affect the operation or implementation of the Authority's Industrial Pretreatment Program. Section 7.10 Duty To Provide Information The Industrial User shall furnish the Authority, within a reasonable time, any information which the Authority may request to determine whether cause exists for modifYing, reissuing, suspending or terminating a Wastewater Discharge Permit, or to determine User pretreatment compliance. The User shall also furnish to the Authority upon request, copies of any records required under these Rates, Rules and Regulations. Where the User becomes aware that it failed to submit any relevant facts in an application for a Wastewater Discharge Permit, or submitted incorrect information in an application for a Wastewater Discharge Permit, a report to the Authority or in any other correspondence pertaining to its industrial wastewater discharge, it shall promptly submit such facts or information. Section 7.11 Confidential Information Information and data on a User obtained from reports, surveys, Wastewater Discharge Permit applications, Wastewater Discharge Permits and monitoring programs, and from inspections shall be available to the public or other governmental agencies without restriction, unless the User specifically requests confidentiality and is able to demonstrate to the satisfaction of the Authority that the release of such 34 . . . . information would divulge information, processes or methods of production entitled to protection as trade secrets of the User. Any such request must be asserted at the time of submission of the information or data to the Authority. When requested and demonstrated by the User furnishing a report that such information shall be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES Program and in enforcement proceedings involving the User furnishing the report. Wastewater constituents and characteristics as defined by 40 CFR 92.302 will not be recognized as confidential information and will be available to the public without restriction. 35 ARTICLE VIII. RATES, CHARGES AND FEES Section 8.1 General A. The Authority shall establish and revise, as necessary, such rates, charges and fees for the cost- effective operation and maintenance of the Sewer System. Such rates, charges and fees shall be established by resolution and in conformance with local, state and federal laws and regulations. B. The owner of improved property served or to be served by the Sewer System, and not a tenant or agent of the owner, shall be responsible for the payment of all rates, charges and fees of the Authority for use of the Sewer System. Section 8.2 Connection Charges and Tapping Fees Connection and Tapping Fee charges (pursuant to Act 203 of 1990 and amended by Act 57 of 2003) are imposed for each connection made to the Sewer System. Such fees shall be. based on the adopted Authority Schedule of Fees and Charges at the time of payment and shall be payable at the time of application for connection -or at such other time as the owner and the Authority agree, or, in the case of projects to service existing development, such fees shall be payable at a time to be determined by the Authority. The fees are in addition to any charges assessed against the property for construction of a sewer main by the Authority as well as any sewer rentals imposed by the Authority. These fees may consist of any or all ofthe following components as applicable: A. Connection Fee: A Connection Fee shall be imposed for all service laterals installed between a sewer main and property line or curb stop of the property so connected by or at the expense of the Authority. This fee is based upon the costs to tbe Autbority of making such an installation. The , Connection Fee may also be based on the average cost of previously installed connections of similar type and size. However, in no event shall the fee exceed the actual cost of installation. B. Customer Facilities Fee: A Customer Facilities Fee is based on the actual costs of facilities serving the connected property from the property line or curb stop to the proposed building to be served and is only chargeable if the Authority installs the customer facilities. In addition, the Customer Facilities Fee includes a lateral inspection and testing fee, whether the Authority or the customer installs the building sewer. C. Tapping Fee: A Tapping Fee is based on all of the following fee components as applicable and as determined through a Capital Charges Study: 1. Capacity Part: The Capacity Part of the Tapping Fee is based upon the cost of such facilities, including, but not limited to, treatment, pumping, interceptor and outfall mains, sludge treatment or disposal, or other general system facilities. This fee may include facilities that provide existing service and/or those that will provide future service. The cost of existing facilities is based on their replacement cost. The cost of future facilities shall not exceed their reasonable estimated cost and may only be taken into consideration if the Authority has taken action to construct or acquire such facilities. 36 2. Collection Part: The Collection Part ofthe Tapping Fee is based on the cost of wastewater collection facilities required to provide service, such as sewer mains and pump stations. This fee may include facilities that provide existing service and/or those that will provide future service. The cost of existing facilities is based on their replacement cost. The cost of future facilities shall not exceed their reasonable estimated cost. 3. Special Purpose Part: The Special Purpose Part of the Tapping Fee is applicable only to a particular group of customers, serving a particular purpose, or serving a specific area, and is based on the cost of such facilities, including, but not limited to, industrial wastewater treatment facilities. This fee may include facilities that provide existing service and/or those that will provide future service. The cost of existing facilities is based on their replacement cost. The cost of future facilities shall not exceed their reasonable estimated cost. ~ ~ 4. Reimbursement Part: The Reimbursement Part of the Tapping Fee is imposed only in those cases where it is necessary to recover costs to reimburse property owners at whose expense such facilities were constructed, as provided by Section (z) of Act 203 of 1990 and amended by Act 57 of 2003. Section 8.3 Reserve Capacity Charges A. The owner of property proposed for future improvement may request a sewer reservation from the Authority by submitting a signed Sewer Capacity Reservation Agreement together with a Sewer Capacity Reservation application, both on forms provided by the Authority, as found in Appendices 3 and 4 of these Rates, Rules and Regulations. A sewer reservation may be made in the name of the owner of the land proposed for improvement, for a bona fide development project, and shall not be transferable to any other property. B. Sewer reservations shall be allowed only upon detennination by the Authority that the requested capacity is available in the Sewer System. Sewer reservations shall not be deemed to waive or diminish compliance with any other requirements for approvals or permits needed for a sewer system connection or extension as found in Articles III and IV of these Rates, Rules and Regulations. C. The sewer reservation, together with the obligation to pay the associated reserve capacity charges, shall remain in effect until the associated property, which may mean the entire property if only a single unit is to be connected, or individual units or lots in the case of a multi-unit or multi-lot development, is connected to the Sewer System, or until the development for which the reservation was made is no longer viable. . . D. Reserve Capacity Charges shall be paid monthly by the owner of the property with reserved capacity and shall be based on the number of ED Us reserved plus a minimum monthly charge. Se<;tion 8.4 Sewer Billings A. Billing for sewer service begins when a service lateral has been installed or approved for connection, regardless of whether a new structure under construction has been completed. Billing shall continue until the service lateral is physically removed. 37 B. Responsibility of Payment: All sewer accounts shall be in the name of the owner of the improved property. The owner shall be responsible for payment of the sewer billings. The owner is also responsible to notify the Authority if a transfer of property ownership is to occur. The Authority will calculate charges between former and current owners if notified prior to the transfer. A transfer fee may be assessed in accordance with the Authority Schedule of Fees and Charges. In all cases, a current owner shall be responsible for all charges due on account. C. Sewer rentals are imposed upon and shall be collected from the owner of each improved property within the Authority sewer service area, which are connected to the Sewer System. Sewer rentals are based on a flat rate in accordance with the Authority Schedule of Fees and Charges. D. Monthly sewer rentals are due and payable on the fifteenth (15rh) day of each month. E. Whenever a potential user, not required to connect to the Sewer System, desires to provide a coIlI)ection to the Sewer System during construction of a sewer extension, but will not connect a lateral to the building immediately, the connection shall be made by the Authority upon application by the owner and payment of the requisite fees. After connection the Sewer System, but before connection to the building, the owner shall pay a Service Lateral Charge in accordance with the Authority Schedule of Fees and Charges. At the time of connection to any building, the owner shall pay the cost of inspection and any necessary Customer Facility Fees. Section 8.5 Delinquent Bills A. If payment has not been received by the Authority by the due date shown in Section 8.4(E) of these Rates, Rules and Regulations, a second notice shall be mailed to the customer with an outstanding balance on the eighteenth (18rh) day of that month. B. If payment has not been received by the Authority by the due date of the fifteenth (15th) day as shown in Section 8.4(E) of these Rates, Rules and Regulations, on the twenty-sixth (26") day of that month, a five percent (5%) penalty shall be assessed to current amounts outstanding. A delinquent letter shall be sent on the 26" day of that month to the customer stating that the balance is due within fifteen (15) days or the Authority will proceed with collection, which could include one or more of the following options: filing a lien against the property or filing suit for collection. C. If payment has not been received within the IS-day period stipulated in paragraph (2) of this subsection, a lien letter shall be issued. The lien letter shall state that the balance due shall be paid within ten (10) days of receipt of the letter. D. If payment is not received within the 10-day period stipulated in paragraph (3) of this subsection, the Authority Solicitor shall file a lien against the delinquent property. All lien charges shall be added to the account balance of the property subject to the lien. E. After the lien is placed, all payments shall be in cash, cashier's check or money order. F. Interest equal to ten percent (10%) per annum shall be assessed on the first (1 st) day of each month against all unpaid balances starting the month after the billing due date, and shall accrue on the unpaid balance until the account is paid in full. 38 G. A "Check Return" fee shall be assessed in accordance with the Authority Schedule of Fees and Charges and added to the account balance for checks returned by the bank to the Authority for insufficient funds in a customer's account. Subsequent payments on the delinquent account shall be cash, cashier's check or money order. Section 8.6 Waste Surcharge . A. Initial Survey: The Authority may make an initial survey of the discharge from nonresidential establishments to determine the applicability ofthe surcharge. The survey shall consist of suitable sampling and analysis of the wastewaters for three (3) consecutive days during a period of normal industrial or commercial operation. Based on the survey results, the Authority may institute the surcharge and/or require the owner to provide such tests, equipment and information, which will provide a further basis for determination of the surcharge. B. Frequency of Surcharge Monitoring: Following the initial survey, the Authority shall determine whether monthly monitoring shall be conducted or whether standard waste strengths based on a waste classification system established for similar operations may be imposed. Site-specific monitoring shall consist of no less than three (3) samples per quarter, preferably one (1) sample per month. C. Data To Determine Surcharge: The surcharge shall be based on the volume of wastewater used for billing purposes, for the appropriate period, and the concentration of surchargeable pollutants measured in a composite sample taken over the duration of the discharge or 24 hours, whichever is shorter. In lieu of monitoring at certain nonresidential establishments for which waste strength characteristics have been established, the published concentrations may be used if agreed upon by both the Authority and the User. The cost of obtaining all information required to determine the surcharge shall be borne by the User. This includes; but not by way of limitation, the costs of sample collection, flow measurement, laboratory analysis and engineering analysis. In establishing pollutant concentrations for surcharge purposes, all analytical and sampling procedures shall be conducted in accordance with 40 CFR g136, as amended. D. Surcharge Limits and Calculation: Although the wastewater treatment facilities may be capable of treating industrial wastewater in excess of typical domestic wastewater concentrations, the actual treatment of such wastewaters may increase the cost of operating and maintaining the wastewater treatment facilities. Therefore, a surcharge shall be imposed on each User discharging wastewater in excess of the concentrations provided below: . ~ Biochemical Oxygen Demand (BOD) Ammonia Nitrogen (NH3-N) Total Phosphorus (Total P) Total Suspended Solids (TSS) 300 mglL 50 mg/L 12 mglL 300 mg/L The surcharge shall be calculated according to the following formula: S = 8.34 x Q x {[(BOD-300) x TBODJ + [(NH3-N-50) x TNH3_N] + [(P-12) x Tp] + [(TSS-300) x TTSS] Where: S 8.34 Surcharge Cost Constant to convert wastewater strength expressed in mglL to pounds 39 Q BOD TooD NHJ-N TNHJ_N P Tp TSS Trss Quarterly user flow, MG User quarterly average BOD concentration, mgIL Cost to treat one pound of BOD; determined annually based on actual O&M costs and adopted by Resolution of the Authority User quarterly average NHJ-N concentration, mgIL Cost to treat one pound of NHJ-N; determined annually based on actual O&M costs and adopted by Resolution of the Authority User quarterly average P concentration, mgIL Cost to treat one pound of P; determined annually based on actual O&M costs and adopted by Resolution of the Authority User quarterly average TSS concentration, mg/L Cost to treat one pound of TSS; determined annually based on actual O&M costs and adopted by Resolution ofthe Authority When a User's quarterly average concentrations for BOD, NH)-N, Total P and TSS are less than the surcharge levels stipulated above, the surcharge concentration shall be used in the surcharge formula. E. Payment of Waste Surcharge: Quarterly waste surcharges shall become due on the last day of each quarter of each calendar year and shall be payable in accordance with Section 8.2(E) of these Rates, Rules and Regulations. Section 8.7 Pretreatment Charges and Fees The Authority may adopt charges and fees for reimbursement of costs for the development, implementation and operation of an Industrial Pretreatment Program as follows: A. Fees for Wastewater Discharge Permit applications including the cost of processing such applications. B. Fees for monitoring, inspections and surveillance procedures, including the cost for the sampling and analysis of a User's wastewater discharge, and reviewing monitoring reports submitted by Users. C. Fees for reviewing and responding to accidental discharges and construction. D. Fees for filing appeals. E. Other fees as the Authority may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by these Rates, Rules and Regulations and are separate from all other fees, fines and penalties chargeable by the Authority. 40 ARTICLE IX. ENFORCEMENT Section 9.1 Administrative Remedies A Notice of Violation: When the Authority finds that a User has violated, or continues to violate these Rates, Rules and Regulations or a Wastewater Discharge Permit issued hereunder, or any other Pretreatment Standard or Requirement, the Authority may issue a written Notice of Violation to the User. Within ten (10) days of the receipt ofthe Notice of Violation (or such other time as provided by the Authority), an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the User to the Authority. Submission of this plan in no way relieves the User of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the Authority to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. . l B. Teimination of Water and/or Sewer Service: The Authority may immediately suspend a User's discharge, after notice to the User, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Authority may also immediately suspend, after notice and opportunity to respond, a User's discharge that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment. Any User notified of a suspension of its discharge shall immediately stop or eliminate the discharge to the POTW. In the event of a User's failure to immediately comply voluntarily with the termination order, the Authority shall take steps, as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, the receiving stream or endangerment to any persons. The Authority shall allow the User to recommence its discharge when the User has demonstrated to the satisfaction of the Authority that the period of endangerment has passed, unless the termination proceedings set forth in Section 6.7(E) of these Rates, Rules and Regulations are initiated against the User. A User that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit to the Authority within five (5) days of the date of occurrence, a detailed written statement describing the causes of the harmful discharge and the measures taken to prevent any future occurrence. . Section 9.2 Judicial Remedies . A Injunctive Relief: When the Authority finds that a User has violated, or continues to violate these Rates, Rules and Regulations or a Wastewater Discharge Permit issued hereunder, or any other Pretreatment Standard or Requirement, or determines that the discharge from a User presents imminent or substantial harm to the POTW or the public, the discharge from the User causes the POTW to violate any condition of its NPDES permit, or the User has shown a lack of ability or intention to comply with a Pretreatment Standard, the Authority may petition the Court of Common Pleas for Cumberland County through the Authority Solicitor for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the Wastewater Discharge Permit or other requirement imposed by these Rates, Rules and Regulations, on the activities of the U seT. 41 B. Civil Remedies: When the Authority finds that a User has violated, or continues to violate, these Rates, Rules and Regulations or a Wastewater Discharge Permit issued hereunder, or any other Pretreatment Standard or Requirement, the Authority may recover costs for reestablishing the operation of the POTW, cost for reasonable attorney's fees, court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the Authority. C. Criminal Prosecution: Any User that has willfully or negligently violated, or continues to violate these Rates, Rules and Regulations or a Wastewater Discharge Permit issued hereunder, or any other Pretreatment Standard or Requirement, may be subject to criminal liability under Federal, State and/or local law. D. Falsifying Information: Any User who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to these Rates, Rules and Regulations or Wastewater Discharge Permit, or whQ falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under these Rates, Rules and Regulations may be subject to criminal liability under Federal, State and/or local law. Section 9.3 Affirmative Defenses A. Treatment Upsets: For the purposes of this section, "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with Categorical Standards because of factors beyond the reasonable control of the User. An Upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation. An Upset shall constitute an affirmative defense to an action brought for noncompliance with Categorical Standards if the requirements below are met. A User who wishes to establish the affirmative defense of Upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that an Upset occurred and the User can identify the cause(s) ofthe Upset; the facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and the User has submitted the following information to the POTW within 24 hours of becoming aware of the Upset. If this information is provided orally, a written submission must be provided within five (5) days, which includes, a description o~ the Indirect Discharge and cause of noncompliance, the period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance. In any enforcement proceeding, the User seeking to establish the occurrence of an Upset shall have the burden of proof. A User will have the opportunity for a judicial determination on any claim of Upset only in an enforcement action brought for noncompliance with Categorical Standards. The User shall control production of all discharges to the extent necessary to maintain compliance with Categorical Standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails. 42 A ,. .. B. Treatment Bypasses: For the purposes ofthis Section, "Bypass" means the intentional diversion of waste streams from any portion of a User's treatment facility. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities, which causes them to be inoperable, or substantial and permanent loss of natural resources, which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. A User may allow a bypass to occur which does not cause Pretreatment Standards or Requirements to be violated, but only if it is for essential maintenance to ensure efficient operation of the treatment system. Users anticipating a bypass must submit notice to the Authority at least ten (10) days in advance, if possible. Users shall provide oral notice to the Authority within 24 hours of discovery of an unanticipated bypass that exceeds applicable Pretreatment Standards. Users shall submit a written report to the Authority within five (5) days of becoming aware of the bypass. The written report shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the, anticipated time it is expected to continue; and steps being taken or planned to reduce, eliminate and prevent recurrence of the bypass. The Authority may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. A bypass of the treatment system is prohibited and the Authority may take enforcement action against a User for a bypass unless the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; there is no feasible alternative to the bypass, including the use of auxiliary treatment facilities, retention of untreated wastewater, or maintenance during normal periods of equipment downtime; and the User properly notifies the Authority as described in this section. 43 ARTICLE X. MISCELLANEOUS PROVISIONS Section 10.1 Schedules The Authority Schedule oj Fees and Charges in effect as of the date of adoption of these Rates, Rules and Regulations shall remain in full force and effect and are adopted hereby by reference thereto. Section 10.2 Reservation of Rights Notwithstanding any other pretreatment provision to the contrary, nothing in these Rates, Rules and Regulations shall be deemed to be a legally binding commitment under the Clean Water Act, (33 U.S.c. ~ 1251 et seq.),the Clean Streams Law, (35 Pa. Stat. ~~691.l et seq.) and applicable regulations (e.g., 40 CFR ~403, Title 25 Pa. Code) for the Authority to undertake pretreatment implementation or enforcement activities beyond the minimum otherwise required by federal and state laws and regulations. Authority implementation of pretreatment provisions for Significant Industrial Users will be reflected in a Wastewater Discharge Permit, as provided for by Section 6.2 of these Rates, Rules and Regulations. Nevertheless, the Authority maintains its discretionary authority to undertake pretreatment activities beyond the minimum required. Section 10.3 Amendments The Authority reserves the right to change or amend, from time to time, these Rates, Rules and Regulations in accordance with law. No officer or employee of the Authority can vary these Rates, Rules and Regulations without action of the Authority Board, and the Authority may not be bound by any agent or employee's act or representation, except when authorized in writing by an executive officer of the Authority Board. Section lOA Severability If any word, sentence, paragraph, provision, section or part of these Rates, Rules and Regulations is invalidated by any court of competent jurisdiction, the remaining words, sentences, paragraphs, provisions, sections or parts shall not be affected and shall continue in full force and effect. Section 10.5 Repealer All other Rates, Rules and Regulations and Resolutions and parts of other Rates, Rules and Regulations and Resolutions inconsistent with or conflicting with any part of these Rates, Rules and Regulations are hereby repealed to the extent of such inconsistency or conflict. Section 10.6 Effective Date These Rates, Rules and Regulations shall take effect on March 17.2004. 44 I- I . I I I I I - I .. - - - , - , - ~ r - Minutes of ~leeting 'Vest Pennsboro To,,'nship l\1unicipal Authority February 14, 2003 The West Pennsboro Township Municipal Authority met Friday, February 14, 2003 at 7:30 a.m. at the West Pennsboro Township Municipal Building, 2150 Newville Road, Carlisle, Pennsylvania. The following members were present: Chairman Jolm Billman, Dorothy Warner, William Piper, and Gary Heishman. Harry Wheeler was absent. Also present were Jodi Reese of C.E.T. Engineering, Alan Hostetter, Municipal Authority Representative, Pete Carlucci, Bond Council, and Secretary Evelyn Swartz. MEMBERS OF THE PUBLIC Supervisor - Richard Adler CALL TO ORDER Chainnan Billman called the meeting to order at 7:30 a.m. Deitch Easement Solicitor Fishman advised the Authority the easement for Dennis Deitch was executed and the legal fees of $362.50 involved with this negotiation for the change of the easement was recommended to be paid by the Authority. Turnpike Commission Solicitor Fishman advised the Authority that the Turnpike would be paying their contribution in monthly increments as billed by the Township to them. EXHIBIT "C" MllNICIPAL AllTHORITY 2 FEBRUARY 14,2003 Master Engineering Agreement On a Piper/Heishman motion, the Authority unanimously recommended signature of the Master Engineering Agreement with C.E.T. Engineering, which was previously reviewed by the Solicitor. On a Piper/Wamer motion, the Authority unanimously recommended approval of the Addendum which, includes an update of the work to be prefonned and further detailing on the current allocation of the costs and hourly rates. Tappage Fees Solicitor Fishman advised the Authority of the new tappage fee of $1,050.00 rather than $3,000.00. The tapping fee is lower due to bid prices from contractors, lower interest rate for interim financing, lower easement acquisition costs, and constructing only one Biolac unit for this project. This tappage fee will allow for sufficient capital to cover expenses including items, which are not eligible for Penn Vest reimbursement. Based upon those projections and the studies, which were done to get the grant monies, the Authority will have the funds to pay 100% of the tapping fee for 100% of the homeowners who are classified as low income. This means the low income residents will not have to pay a tapping fee, and that the default rate which was projected on the initial tapping should decrease to 2%. All this will be documented in a narrative fonn. Authority member Bill Piper requested that a letter be drafted to the Big Spring School District indicating how many EDU's they will be responsible for and when the anticipated date of plant opening. Special Meeting for Plainfield Residents Solicitor Fishman advised that a special meeting be scheduled for February 27, 2003, at 7:00 pm at the Fire Company at which time the Authority can announce the loan closing and explain the tapping fees, and lateral placements. Also, the Engineer can amlounce the anticipated schedule for the project and open the floor for questioning. Ms. Reese advised she has been collecting photos from other sewer projects to show the various stages of the constnlction process, and should ;~ be combined into a slide show presentation for the residents. MUNICIPAL AVTHORITY 3 FEBRUARY 14, 2003 I I I I I I I , iMt i i The Solicitor advised that a handout would be drafted and available to the public at it's meeting outlining what residents need to know to apply for the available grant monies. Resolution #2003-05 for Incurrence of Debt On a Heishman/Warner motion, the Authority unanimously authorized execution of the incurrence of debt resolution. Resolution #2003-06 for Tappage Fee On a WarnerIHeishman motion, the Authority unanimously authorized execution of the tappage fee resolution. Resolution #2003-07 for Sewer Rates On a Heishman!Warner motion, the Authority unanimously authorized execution of the sewer rate resolution. Correspondence Course Ms. Reese advised the Authority of the correspondence course schedule for Alan Hostetter. Reschedule Authority Meetings for 2003 I I I I - (J W"~ - Discussion was held on rescheduling the Authority meetings from the first Wednesday to the third Wednesday. This will allow for approval of payments to be made to the contractors in sufficient time. It was noted the next scheduled meeting of the Authority would be March 19, 2003. The new dates for these meetings will be advertised. Cost Estimate for Borings/Rt #641 The Authority at a prior meeting authorized Ms. Reese to prepare a cost estimate for installation of a lateral boring vs. a mainline boring for the tract of land along Rt #641, owned by the Mayberry's. Barry Wampler of C.E.T., obtained costs from the actual bid sheets of the contractors and prepared an estimated cost breakdown. ,. I I I I I I ,~ Ie I MUNICIPAL AUTHORITY 4 FEBRUARY 14,2003 After the Authority reviewed the breakdown, Ms. Reese noted the estimated cost difference between the two borings would be $10,000. This is an estimate only, time dependent, and does not include engineering costs for revised PaDOT pennits or easement work. The Authority advised the Secretary to draft a letter to Mr. Mayberry attaching the cost estimate prepared by C.E.T. ADJOURNMENT On a Wan1er/Heishman motion, the meeting was adjourned at 8:45 a.m. The motion carried unanimously and without further comment. ~~ . . c' c;irman J OM ~illman '- ~ fA lI./6/l /LL-,-- y Wamer Harry Wheeler u./~ - William Pi er SEP-01-2005 12:46 FROM:CET ENGINEERING 7175418004 w.st Pennsbaro Township Municipal Authority Wastewater Treatment Facility Estimated Annual Budget O~ratinQ EXDenses Labor (half time) Pert Time Labor AdministratiOn Utilities (Electricity) Material a Supplies Materials and Supplies Office Expense Postage Telephone Outside Service Laboratory Services Chemicals (alum) Sludge Dispoaal Engineering Legal Audit Other Expenses Equipment Maintenance Sewer System Maintenance Maintenance Raserve Fund Payroll taxes and insurance Insurance Operator Training TOTAL ESTlMAmO ~X~~NIE Operating Expenses Cost Sharing. Annu811zec1 Turnpike Share 15% Township & School Turnpike Total s $ $ $ $ S $ $ $ 1,000 700 925 1,000 $ 1,500 1,500 16,500 2,500 3,000 3,000 $ 2,000 ',000 2,000 3,600 4,000 500 $ TO: 7172431592 estimated 20.000 8,040 1,500 9,100 3,625 ~8,OOO 13,100 83.365 $ 70,860 $ 12.505 $ 83.385 Cost per l!DU Township on the basis of 211 EOU's Initially connected 10 WWTP Estimated EDU 8rsakdown Township Residential 166 Township CommercialllnstltutionaJ 21 School 24 Total 211 Tolal Expenses Operating Expenses Debt Service l' olal Annual Cost Per EOU ReSI~al Default Rate lctoat EDU Cost per mOl'1th 7.5% $ $ $ $ $ $ $ $ $ $ $ $ $ 70,860 $67.342 $138,202 $696 Iyr $58 P.2/2 .TllnUIUY 30. 2003 c2Dc3 - o~ 5 . - ... - ~ ... - lit - ~ WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY - ~ A RESOLUTION - ~ - FIXING AND CHARGING SEWER RATES AND OTHER CHARGES FOR USE OF THE SEWAGE COLLECTION, TRANSPORTATION AND TREATMENT SYSTEM TO BE ACQUIRED, CONSTRUCTED, OWNED AND OPERATED BY THE AUTHORITY AND FOR COLLECTING, TRANSPORTING, TREATING AND DISPOSING OF WASTES DISCHARGED THERETO, UPON OWNERS OF IMPROVED PROPERTY CONNECTED TO SUCH SEWAGE COLLECTION SYSTEM; PROVIDING FOR COLLECTIONS AND FOR FILING OF LIENS; REGULATING THE DISCHARGE OF SANITARY SEWAGE AND INDUSTRIAL WASTES INTO SUCH SEWAGE COLLECTION SYSTEM; ADOPTING CERTAIN RULES AND REGULATIONS WITH RESPECT TO CONNECTIONS MADE TO SAID SEWER SYSTEM AND USE OF SAID SEWER SYSTEM; AND PROVIDING FOR ADOPTION OF ADDITIONAL RULES AND REGULATIONS. - ~ - - --' - - --- (j - ~ ~ -, - .....-. r, .... - ,-"" - ~ .... ~ WHEREAS, the Authority, with the approval of the Township of West Pennsboro, Cumberland County, Pennsylvania (the "Township"), has determined to acquire and construct a sanitary sewage collection, transportation and treatment system, including all related and necessary facilities, for rendering sewage service in and for a portion of the Township known generally as the Village of Plainfield, which undertaking is referred to as the "Project"; and 11 - ~ -., ~ -., !::l [t - ~ WHEREAS, plans and specifications related to the Project have been prepared by Commonwealth Engineering and Technology, me., Harrisburg, Pennsylvania, which plans and specifications have been approved by the Authority and all other governmental bodies having jurisdiction; and -" ::::I WHEREAS, the aforesaid sanitary sewage collection, transportation and treatment system contemplated by the Project and to be owned by the Authority, together with all appurtenant facilities and properties which the Authority has acquired or hereafter shall acquire in connection therewith, including all property, real, personal and mixed, rights, powers, licenses, easements, rights of way, privileges, franchises and any and all other property or interests in property of whatsoever nature, used or useful in connection with such facilities, and together with all additions, extensions, betterments, alterations and improvements thereto which may be made or acquired, from time to time, by the Authority, herein are referred to as the "Sewer System"; and -... == (f -- - --. ~ --. - ...... I' -. !::3 :;.1 - WHEREAS, the Authority, in accordance with power vested in.it by law, desires to fix and charge sewer rates and other charges for use of the Sewer System and for services rendered in connection therewith. -, ;;; LI ::;a - NOW, THEREFORE, BE IT RESOLVED, by the Board of the Authority, as follows: ~ ~ to ~ ~ i;;.'il - .. s ~ - ~ Ii - ~ SECTION 1 DEFINITIONS Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this Resolution shall be as follows: - ~ - ~ .. ...... ~ A. "Authority" means West Pennsboro Township Municipal Authority, a Pennsylvania municipality authority, acting by and through its Board or, in appropriate cases, acting by and through its authorized officers or representatives. .... ~ B. "Buildiug Sewer" means the extension from the sewage drainage system of any structure to the Service Lateral of a Sewer. -, - ~ 3 C. "Domestic Establishment" means any room, group of rooms, apartment, house trailer, building or other enclosure connected, directly or indirectly, to the Sewer System and occupied or intended for occupancy as separate living quarters by a family or any other group of Persons living together or by a Person or Persons living alone. . ...... ..-! ..... 8 .. ... ~ D. "Improved Property" means any property located within the Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure Sanitary Sewage and/or Industrial Wastes shall be or may be discharged. - ~ -. - --"' . E. "Industrial Wastes" means any solid, liquid or gaseous substance or form of energy rejected or escaping in the course of any industrial, manufacturing, trade or business process or in the course of the development, recovery or processing of natural resources, as distinct from Sanitary Sewage. ..... ~ ~ --' -.. ::I .. -... ~ F. "Non-Domestic Establishment" means any room, group of rooms, building or other enclosure connected, directly or indirectly, to the Sewer System, which does not constitute a Domestic Establishment. ---. ::2 G. "Owner" means any Person vested with ownership, legal or equitable, sole or partial, of any Improved Property. -" ..,. - tiI H. "Person" means any individual, partnership, company, association, society, corporation or other group or entity. :3 -. ~ I. "pH" means the logarithm of the reciprocal of the concentration of hydrogen ions, expressed in grams per liter of solution, indicating the degree of acidity or alkalinity of a substance. -. ~ -- ,. -. - ...... J. "Sanitary Sewage" means nonnal water-carried household and toilet wastes from any Improved Property. ;:;;:: - - - I.t 2 K. "Service Lateral" means that part of the Sewer System extending from a Sewer to the curb line, or if there shall be no curb line, to the property line, or if no such Service Lateral shall be provided, then "Service Lateral" shall mean that portion of or place in a Sewer which is provided for connection of any Building Sewer. ...... ~ ~ ~ ~.. -- ~ -2- ~' r ~ ~ :::: -' L. "Sewer" means any pipe or conduit constituting a part of the Sewer System used or usable for sewage collection purposes. . ~ ... !j M. "Sewer System" means all facilities, as of any particular time, for collecting, transporting, pumping, treating and/or disposing of Sanitary Sewage and/or Industrial Wastes, situate in the Township, to be constructed, acquired, owned, maintained and operated by the Authority for rendering sewage service in and for that portion of the Township more particularly defined in the Preamble to this Resolution. 3 . .... ... ..... .... - .... N. "Township" means Township of West Pennsboro, Cumberland County, Pennsylvania, acting by and through its Board of Supervisors or, in appropriate cases, by and through its authorized officers or representatives. .... ~ . :: .... SECTION 2 SEWER RATES AND OTHER CHARGES 3 Sewer rates and other charges are imposed upon and shall be collected from the Owner of each Improved Property which shall be connected with the Sewer System, for use of the Sewer System, whether such use shall be direct or indirect, which sewer rates and charges shall commence and shall be effective as of the date of connection of each such Improved Property to the Sewer System, and shall be payable as provided herein, in accordance with the following schedule of rates and classifications: 3 . :;:l '-' .. ~ A. Domestic Establishments ..., :l . -. .. ... Each Domestic Establishment - $696.00 per annum payable at the rate of $58.00 per monthly billing period. ~ ~ Each Domestic Establishment in a double house, in a row of connecting houses, in an apartment building or in any other multiple dwelling shall be billed as a separate entity. If two (2) or more families use separate cooking and/or toilet facilities in an Improved Property, the sewer rates and other charges payable hereunder shall be computed as though each such family was a separate user with a separate connection to a Sewer. 3 . ;; ~ 3 B. Non-Domestic Establishments (Commercial, Industrial, Professional Offices, Retail Stores, Churches, Grange Halls, Service Stations, Garages, Automotive Repair Shops, Barber Shops, Beauty Shops, etc.) i: u . ~ 1. Each Owner of an Improved Property on which there is a Non-Domestic Establishment which shall be connected to the Sewer System shall pay sewer rates and other charges, except as hereinafter noted, of $696.00 per annum per Equivalent Dwelling Unit, payable at the rate of $58.00 per monthly billing period, determined on the basis of applicable Equivalent Dwelling Units, as set forth in the following schedule: 3 ~ ~ ~ 3 ~ - ;;:J . ~ !3 8 E ~ . ... -3- r 5iI g ~ ~ ~ ; t;J t e User Classification (1) Retail Store (Each 10,000 hours worked by per owner and employees) (2) Business or Professional office: (a) 5 employees or less (b) each employee in addition to 5 ~ (3) Industry (employee/sanitary wastewater only) each 10,000 hours (or fraction thereof) worked per year per owner and employees ;3 .. ;3 (4) Hotel or motel (in addition to restaurant facilities): (a) without kitchen facilities each rental room (b) with kitchen facilities each rental room ;; = ;::...I ~ - ~ (5) Restaurant, club or tavern or other establishment dispensing food or beverages per 12 seats or fraction thereof - ~ .., ~ [J ~ - (6) Church: (a) without kitchen facilities (a) with kitchen facilities (rectory treated as separate Domestic Establishment) -. ~ -. - - Et -., ::l (7) Retail Garage/ Vehicle Repair garage: (a) Two bays or less (b) Each additional bay ~ - (8) Gasoline service station: (a) without public restrooms (b) with public restrooms (per restroom) :l [, .. - (9) Laundromat: (a) per each washing machine (single load) (b) per each washing machine (double load or greater) -.... - - ;;;;.; ~ (I' --, ..., - (10) Car washing establishment: (a) hand wash, per bay (b) automatic, each unit :3 :;::l .... 'I ~ - (11) Barber or Beauty Shop, each two chairs or fraction thereof ~ ."or t, -4- - ~ Equivalent Dwelling Unite s) 1 .20 0.5 1 1 1 2 1 0.5 1 1 1 1.5 2 3 ~ " ~ ~ ~ b g ;; 3 fi e ;; (12) Bowling Alley without Tavern or Restaurant: (a) First 5 lanes or fraction thereof (b) Each lane in addition to 5 1 0.20 (13) Theaters: (a) Drive-in per each 30 car spaces or fraction thereof (b) In-door theater per 60 seats or fraction thereof (14) Hospital or Nursing Home per bed ....i !::2 f" 8 8 ;3 b -., ~ (15) Medical Offices (includes physicians, dentists, chiropractors, optometrists) per doctor (16) Boarding School (each 3 students or fraction thereof) ;3 (17) Schools! Approved Daycare: (a) without showers (each 20 students and employees or fraction thereof) (b) with showers (each 15 students and employees or fraction thereof) ( c) with cafeteria (each 15 students and employees or fraction thereof) (d) with shower and cafeteria (each 12 students and employees or fraction thereof) 1 ;3 ~ ;3 g (18) Government service buildings (e.g. post office, fire stations, municipal office) each restroom -, ~ ff ;3 (19) Campground: (a) each 3 sewered sites (b) each 6 unsewered sites 1 1 -, ~ (20) Convenience Stores: (a) without public restroom, plus (b) each public restroom 3 1 ::1 '-' If -.. ~ - ~ (21) Small business not otherwise listed; e. g. small business attached to single family residence with separate entrance - ~ ~. - - --' For Ulunetered Non-Domestic Establishments not classified above, the EDU value shall be established based upon the estimate by the consulting engineers ofthe Authority after consultation with the Person or Persons responsible for the Non-Domestic Establishment and review of pertinent information. - ~ - ..- - l- ~ 2. Notwithstanding the EDU values set forth in subsection 1 above, the Authority reserves the right, in its sole discretion, to use historical water consumption or wastewater flow data for Non-Domestic Establishments in lieu of the EDU values set forth in the preceding chart - ~ - ~ [i - ~ -5- SI .. SI ~ SI lit SJ sa 8 .. 3 3 2i .. 8 3 ;3 t; ;3 wherever the volume of water or wastewater flow shall be metered by the Authority or otherwise, as follows: Flow measurement ( ~) Up to 200 gallons per day User Classification 1 EDU (2) Each additional 200 gallons per day or fraction thereof 1 EDU 3. The Authority may require, at Authority expense, the installation of water meter(s) for Non-Domestic Establishments in order to determine water consumption. The owner of a Non-Domestic Establishment may install a water meter to determine water consumption. 4. Sewer rates and other charges for commercial, industrial or other business units payable hereunder on the basis of the number of persons employed shall be computed on the average number of employees (including individual owners and employers) for the month preceding the applicable monthly billing period. ;3 5. If the Owner of any Non-Domestic Establishment shall fail to provide the Authority with complete information required to compute the sewer rates and other charges for such Non-Domestic Establishment, the Authority may estimate a reasonable applicable sewer rate and other charges for such Non-Domestic Establishment and such estimated sewer rates and other charges shall be the actual sewer rate and other charge payable until the required information is filed; Provided, however, that no rebates will be paid by the Authority ifthe information filed reveals a lower indicated sewer rate and other charge than that estimated by the Authority. 53 ~ - ~ C. If two (2) or more Domestic Establishments and/or Non-Domestic Establishments are connected to the Sewer System through a single lateral, or if two (2) or more types of use are made of the same Improved Property, the sewer rates and other charges payable hereunder shall be computed as though each such Domestic Establishment and/or Non-Domestic Establishment and each such type of use were a separate Improved Property or user with a separate connection to a Sewer. - - --' ~ - --' Ie -. ~ D. Additional classifications and sewer rates or other charges or modifications of the above schedule of sewer rates or other charges may be established by the Authority from time to time as deemed necessary. Nothing contained herein shall be construed as prohibiting special agreements between the Authority and establishments connected to the Sewer System under conditions and circumstances making special agreements advisable and necessary. -, - ~ - ~ - lO -., - --' - ~ SECTION 3 TIME AND METHOD OF PAYMENT ~ A. All bills for sewer rates and other charges shall be rendered on the first day of each month, respectively, in each year, or as soon after the first day of each month as is possible and shall cover a billing period consisting ofthe immediately preceding calendar month. Owners ofImproved Properties connected to the Sewer System during any month shall pay a pro rata sewer rate and other charges for service for the balance of the month. ltJ - ~ - .- - - - It - - - - - .... l~ - ~ -6- ~ i, ~ 51 e fj E3 SJ 8 b Sf S 3 il 3 23 :3 ~ 3 3 B. Sewer rates and other charges shall be due and payable upon the applicable billing date as provided for in subsection A of this Section 3, and the appropriate amount computed in accordance with this Resolution shall constitute the net bill. If sewer rates and other charges are not paid within 30 calendar days after each billing date, an additional sum of 3% per month shall be added to such net bill, which net bill, plus such additional sum, shall constitute the gross bill. Payment made on or mailed and postmarked on or before the last day of such 30-day period shall constitute payment within such period. If the end of such 30-day period shall fall on a legal holiday or a Sunday, payment made on or mailed and postmarked on the next succeeding business day which is not a legal holiday shall constitute payment within such period. C. Every Owner of an Improved Property which is connected to the Sewer System initially shall provide the Authority with and thereafter shall keep the Authority advised of his correct address. Failure of any Person to receive bills for sewer rates and other charges shall not be considered an excuse for nonpayment nor shall such failure result in an extension of the period of time during which the net bill shall Je payable. SECTION 4 LIENS FOR SEWER RA TES AND OTHER CHARGES FILING AND COLLECTION OF LIENS 3 (1 -, ~ Sewer rates and other charges imposed by this Resolution shall be a lien on the Improved Property connected to and served by the Sewer System; and any sewer rates and other charges which are delinquent shall be filed as a lien against the Improved Property connected to and served by the Sewer System, which lien shall be filed and collected in the manner provided by law for the filing and collecting of municipal claims. :3 SECTION 5 PROHIBITED WASTES :3 ~ :3 A. No Person shall discharge or cause to be discharged any storm water, surface water, spring water, roof runoff, subsurface drainage, building foundation drainage, cellar drainage, drainage from roof leader connections, uncontaminated cooling water or unpolluted process waters into any Sewer. """'-l ::::i B. The Authority reserves the right to refuse permission to connect to the Sewer System, to compel discontinuance of use of the Sewer System, or to compel pretreatment of Industrial Wastes by a Non-Residential Establishment, in order to prevent discharges deemed harmful or to have a deleterious effect upon any Sewer or the Sewer System. ;;; - Ct j;iil - :: c. No Sanitary Sewage or Indm;~-;al Wastes which exhibit one or more of the following characteristics shall be discharged to the Sewer System: -. - ~ If' -, - -- (1) havipg a temperature higher than 120oF. -. - - (2) and greases. containing more than 100 parts per million (ppm) by weight offats, oils -. ..-- .... Lt --. ..... - (3) containing any gasoline, benzine, naphtha, fuel oil or other inflammable or explosive liquids, solids, or gases. ..... ;;;J ;.. ~ -7- :1' , ~ .... ""i ~ . (4) containing any garbage that has not been ground by household type or other suitable garbage grinders. ..., ~ (5) containing any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solids or viscous substances capable of causing obstruction or other interference with proper operation of any part of the Sewer System. ... ~ ... ~ . -. ~ - - (6) having a pH lower than 6.0 or higher than 9.0, or having any other corrosive property capable of causing damage or hazards to structures, equipment, or personnel of any part of the Sewer System. - - -' ~ (7) containing toxic or poisonous substances in sufficient quantity to injure or interfere with any wastewater treatment process, or constitute hazards to humans or animals, or to create any hazards in waters which receive treated effluent from the wastewater treatment plant. Toxic wastes shall include, but not by way of limitation, wastes containing cyanide, chromium, copper and nickel ions. .... .. -'\ ~ ... ~ (8) containing noxious or malodorous gases or substances capable of creating a public nuisance, unless otherwise permitted, authorized or approved by the Authority and the Commonwealth of Pennsylvania or any duly constituted board, commission or department of the Commonwealth of Pennsylvania. . - ~ ... - ... ~ (9) containing total solids of such character and quantity that special and unusual attention or expense is required for their handling. ~ - - -.l (10) otherwise prohibited by the Authority or the Township by subsequently adopted or enacted resolution or ordinance, as applicable. ~ -. '::i , 3 D. Where necessary all Owners shall install suitable pretreatment facilities in order to comply with subsection C of this Section 5. ""'" ~ Plans, specifications and any other pertinent information relating to proposed facilities for preliminary treatment and handling of wastes shall be submitted for approval of the Authority, and no cons1ruction of any such facility shall be commenced until approval thereof first shall have been obtained, in writing, from the Authority, and until approval thereof first shall have been obtained from any governmental regulatory body having jurisdiction. ...., ::::3 , ~ -' Whenever facilities for preliminary treatment and handling of wastes shall have been provided by any Owner, such facilities continuously shall be maintained, at the expense of such Owner, in satisfactory operating condition; and the Authority shall have access to such facilities at reasonable times for purposes of inspection and testing. ..... - -' - - ;;...; , - ~ E. Nothing contained in this Section 5 shall be construed as prohibiting any special agreement or arrangement between the Authority and any Person whereby Industrial Wastes of unusual strength or character may be admitted into the Sewer System by the Authority, either before or after preliminary treatment. - .... -' ...... ;;; t ~ """' ~ ~ f -8- - ~ ;.' ~ ~ ~ ;: . ... "" SECTION 8 PAYMENT AND DISPOSITION OF SEWER RATES AND OTHER CHARGES .... ~ All sewer rates and other charges shall be payable to the Treasurer of the Authority or to such other officer or representative of the Authority as shall be authorized, from time to time, by resolution of the Authority, to accept payment thereof. The Treasurer or such other duly authorized officer or representative of the Authority shall pay over to a depositary designated by the Authority by resolution, all sewer rates and other charges received within 7 days of receipt thereof, together with a statement showing the total amount collected. Until so paid over, the Treasurer or other duly authorized officer or representative of the Authority shall segregate all such sewer rates and other charges so collected in an account separate and distinct from all other funds of the Authority and shall hold the same in trust for purposes set forth in aforesaid resolution. ;; ... r .... ~ ~ '-"' ~ SECTION 9 ADOPTION OF ADDITIONAL RULES AND REGULATIONS .... ..... -, ~ The Authority reserves the right to adopt, from time to time, such additional rules and regulations as it shall deem necessary and proper in connection with use and operation of the Sewer System, which rules and regulations shall be, shall become and shall be construed as part of this Resolution. ... """ .... ~ ~ SECTION 10 EFFECTIVE DATE - - - ) ..~ This Resolution shall become effective immediately. - - SECTION 11 CONSTRUCTION AND SEVERABILITY -. - ~ - ) ...... - - ......, :: In the event any provision, section, sentence, clause or part of this Resolution shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part ofthis Resolution, it being the intent of the Authority that such remainder shall be and shall remain in full force and effect. ~ ,... II SECTION 12 REPEALER -, - .... All other resolutions or parts of resolutions inconsistent herewith expressly are repealed. :: ~ - v - ..... ;;l .... ;:,..;J .. ~ ;or - ;:0 - - r ... - -10- WEST PENNSBORO TOWNSHIP 2]50 Newville Road. Carlisle. PA 170]3-7746 . Phone: (717) 243-8220 . Fax: (7]7) 243-1592 ~ i .. @~ p June 14, 2005 Cert # 3291 2585 Melvin Mixell ill PO Box 144 Plainfield, P A 17081 RE: 102 A Street Dear Mr. Mixell, Ordinance 2002-02 of West Pennsboro Township, Section 2.A, requires connection to the sewer system within sixty (60) days from the date oftbis notice. Failure to do so can result in filles, costs, and attorney fees. Should you have any questions, a copy of the Ordinance can be reviewed at the Township office. Sincerely, Board of Supervisors West Pennsboro Township cc: West Pennsboro TO\vnship Board of Supervisors West Pennsboro Township Municipal Authority Don LeFever, Township Solicitor, Salzmann Hughes file EXHIBIT "D" Ul z::Q Ul ru r-1 rr- ru rn Postage $ -3/ ;}..30 1.7S Postmar., Here r-1 CJ CJ Return Reclept Fee CJ (Endorsement Required) CJ Restricted Delivery Fee r-1 (Endorsement Required) CJ r-1 Total Postage & Fees Certified Fee $ if.if;? rn CJ Sent To . A J' (/ ~ CJ "!L~Lv.i!L__(,:"U_2<e.____.__:!B::..__________.____._______._______ l"- Siriifif,".ApCNo.; PO .."1 , /, I A .:5-+ or PO Box No. .:vex )..,...., .. {OJ... ______..___:._______________ cit;.-Staie:zlP+p/~~~J;~..-id---.P~------i-7 0 8 I -;" -.t SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: C'izO?i;} D. Is delive1y address different from item 1? DYes If YES, enter delivery address below: D No Me..\v\l'\ \'v\\.yel\ JIL pO B~y /y4 PIOJr,+tefd ~A n08( ) 3. Service Type Ja..Certified Mail D Registered D Insured Mail D Express Mail D Retum Receipt for Merchandise DC.a.D. 4. Restricted Delivery? (Extra Fee) DYes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7003 1010 0001 3291 2585 Domestic Return Receipt 102595-02-M-1540 !'f'~1 r SALZMANN HUGHES.. pet ~f rr' .,01 . . fi. \~ .,L'""?-1 ::,<".. ., ,'Ft-. A,f".,~> {( ~, ~"t, if' 1 _ .. b Attorneys & Counselors at Law G. BRYAN SALZMANN, ESQ, JAMES D. HUGHES, ESQ. ADAM R. SCHELLHASE, ESQ, DONALD E. LEFEVER, ESQ. ANN F. DEPAULIS, ESQ. PATRICIA R. BROWN. ESQ. NORMA J. BARTKO, ESQ,- WILLIAM W. THOMPSON, ESQ.' MELISSA K. DIVELY, ESQ. E. RALPH GODFREY, EsQ. REBECCA R. HUGHES, ESQ. SUSANN B. MORRISON, ESQ. LAURA REBECCA ABLES, ESQ.-- DONNA L. GODFREY, ESQ. DAVID H. MARTINEAU, ESQ. - Also Admitted to Maryland Bar --Also Admitted to Georgia Bar 95 Alexander Spring Road' Suite 3 . Carlisle, PA 17013 . (717) 249-6333' Fax: (717) 249-7334 455 Phoenix Drive' Suite A . Chambersburg, P A 17201 . (717) 263-2121 . Fax: (717) 263-0663 105 North Front Street. Suite 401 . Harrisburg. PA 17101 . (717) 232-9420' Fax: (717) 232-1970 10 West PomfretStreet . Carlisle, PA 17013 . (717) 249-3024' Fax: (717) 243-0946 Paralegals PAMELA R. BOLLINGER KAM S. CORNMAN JACQUELINE L. DRAWBAUGH STEPHANIE A. BfNGAMAN SHEILA M, VORES Please reply to: Alexander Spring Road Office September 8, 2005 Melvin C. Mixell, III P.O. Box 144 Plainfield, P A 17081 Re: Notice of Violation - West Pennsboro Township Mandatory Sewer Connection Ordinance Dear Mr. Mixell: Please be advised that I serve as Solicitor to West Pennsboro Township Board of Supervisors and West Pennsboro Township Municipal Authority. Recently you were notified by certified mail regarding your obligation to connect to the sewer system in compliance with the Township ordinance. That letter informed you that you had sixty (60) days with which to connect to the public sewer, and you were provided with instructions of what you must do. Additionally, you were informed of the consequences for failure to comply with the notice in a timely fashion. The West Pennsboro Township Board of Supervisors correspondence informed you of the availability of the ordinance for your review or questions. The ordinance provides that upon your failure to connect as required within the time period stated, the Township may make the connection with expenses for connection billed to you. In this case, you will not only have to pay potentially higher costs to connect, but the Township will also pursue fines, costs of prosecution, and legal fees for pursuing the action at cost to you. Since you have refused to comply with the mandatory sewer connection or respond to any of the notices sent to you by West Pennsboro Township, you have 10 days from the date of this letter to connect to the sewer system or the Township will have no alternative but to pursue legal action against you, including attorney fees and costs. Your obligation for payment of the monthly service fee also commences from the date of initial availability of the system for connection by you. EXHIBIT "E" " . Melvin C. Mixell, III Page 2 September 8, 2005 Please give this matter your immediate attention. If you have any questions or need additional information, you may contact the Township Manager, John Epley. I sincerely hope that legal action will not be necessary, but you are among a very few who have not made the necessary arrangements to connect to the Authority's wastewater system. Very truly yours, SALZMANN HUGHES, P.c. ~ Donald E. LeFever, Esq. DELlrlw ... , Return Receipt Fee IT1 (Endorsement Required) Cl Cl Cl Postage Cl fTl fTl fTl .:T r-'l LrI ru Certified Fee Restricted Delivery r-I~e {Endorsement Required} Cl lolal Poslage & Fees $ ~ ~'J-. ~ ~."'T~MdkLY1.nC. onl:!cY(iL11.kmml 8 ~;r~~,::xf.::.; Eo. t!xT.'i.._:.)..t1.__m,....__..________?:-_______mh__. ~ -C;ty:si~i~;-z;P~-4 p--.-.--~.l { f' I t{ PA-l 7 C ~ I ....., J J.: t ~ lei ~, .' 1 Customer Information ACCT. NO : 076 MIXELL III MELVIN P.O. BOX 144 PLAINFIELD, PA 17081- Date 02/27/2005 02/28/2005 04/01/2005 05/0J/2005 06/0 I /2005 06/28/2005 07/0 I /2005 07/28/2005 08/01/2005 08/29/2005 09/01/2005 Type Adjustment F Charge Charge Charge Charge Penalty Charge Penalty Charge Penalty Charge )9/02/2005 12: 1 1 :08 Read Date West Pennsboro TWP Customer Transaction Summary Location Information SERVICE lD : 076 102 A STREET PLAINFIELD, PAl 7081- Transaction Reading Usage Prior Balance Amount Balance 0.00 290.00 290.00 290.00 58.00 348.00 348.00 58.00 406.00 406,00 58.00 464.00 464.00 58.00 522.00 522.00 26.10 548.10 548.10 58.00 606.10 606.10 29.00 635.10 635.10 58.00 693.10 693.10 31.90 725.00 725.00 58.00 783.00 EXHlBIT "F" U = Unposted Transaction Page F = First Bill L = Final Bill P -tQ to If't 7' ~ ~ In. ~ \..f\ .() \J w ~ ~0 r ~ --J:- ~ ..-\ ( ~-"'("I ~ r ~ '~~?( L ::;),;~ ~:~ "- ~\ ~, . -;- ':J. r-' C' c;:.:< d' </: rT't ~) \';? JO .~ 1'0 ~. WEST PENNSBORO TOWNSHIP and WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY Plantiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION-LAW AND EQUITY MELVIN e. MIXELL, III Defendant NO. 05-5080 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGEMENT BY DEF AlJL T IN EQUITY WITH DECREE TO THE PROTHONOT AR Y: Please enter default judgment in equity by default against the above named Defendant, Melvin C. Mixell, III, and order Defendant to make connection to the West Pennsboro Township Municipal Authority Wastewater Treatment System within thirty (30) days. Respectfully submitted, SALZMANN HUGHES, P.e. By: z '\ -') Donald E. LI~Fever, Esquire Supreme Court I.D. No. 06902 95 Alexander Spring Road, Suite 3 Carlisle, Pennsylvania 17013 (717) 249-6333 Attorney for the Plaintiff Date: November 23,2005 Salzmann Hughes, r.c RY: Donald E. LeFever, Esquire Attorney 1.0. 1\0. 06902 9:00 Alexander Spring Road Suite3 Carlisle, PA 17013 (717) 249-6333 Attornt')' for Plaintiff WEST PENNSBORO TOWNSHIP and WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY. PENNSYLV ANIA Plaintiff vs. NO. 05-5080 CIVIL TERM MELVIN C. MIXELL, III CIVIL ACTION - LAW AND EQUITY Defendant TO: Melvin C. Mixell, III DATE OF NOTICE: November 7, 2005 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle. PA 17013 717-249-3166 By: <tt DonaldE LeFever, Esquire 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 Telephone: (717) 249-6333 Attorney for Plaintiff ...... !Ol)ay.\o'ofiCc CERTIFICATE OF SERVICE I hereby certify that on the 7th day of November, 2005, I served a true and correct copy of the foregoing docwnent by first class mail, postage prepaid, addressed as follows: Melvin C. Mixell, III P.O. Box 144 Plainfield, P A 17081 (~ce~ Donald E. LeFever, Esq. SALZMANN HUGHES, P.c. 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 Telephone (717) 249-6333 Fax (717) 249-7334 -<d' C ~ ('::> ~ ~ '" ~ <J^'> "" ~ --Ir'- '0> ~ '" '" ~ l'" --- ~\ r- =----, '<,> ::::s '9..j -0' <::: >> -,.j ~ c-~ -<') '-"'::'"-::, -"'-- r-<' , , C) -11 .-1 ::c en l_.._' f"-' C,..) ( '. -,'~' :::;~ WEST PENNSBORO TOWNSHIP and WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY Plantiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW AND EQUITY MEL VIN C. MIXELL, III Defendant NO. 05-5080 CIVIL TERM PRAECIPE FOR ENTRY OF DEFAULT JUDGEMENT TO THE PROTHONOTARY: Please enter default judgment in the amount of $2,604.09 plus cost in favor of the West Pennsboro Township and West Pennsboro Township Municipal Authority and against the Defendant, Melvin C. Mixell, ilL for his failure to file an Answer to the Complaint within the required time period. Attached as Exhibit "A" is a copy of the Notice of Intention to File Praecipe to Enter Judgment by Default and Certiticate of Service, Respectfully submitted, By: SALZMANN HUGHES, P.c. U&cP Donald E. LeFever, Esquire Supreme Court LO. No. 06902 95 Alexander Spring Road, Suite 3 Carlisle, Pennsylvania 17013 (717) 249-6333 Attorney for the Plaintiff Date: November 23, 2005 WEST PENNSBORO TOWNSHIP and WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW AND EQUITY vs. No. 05-5080 CIVIL TERM MEL VIN C. MIXELL, III, Defendant RULE 236 NOTICE TO: MEL VIN C. MlXELL P.O. BOX 144 PLAINFIELD, P A 17081 You are hereby notified that on , the following Judgment has been entered against you in the above captioned case in the amount of $ , plus cost for a total of $ DATE: Prothonary A: Defendido/a (Defendidos/as) Por este medio se Ie esta notificando que el de del , ellla siguiente Fallo ha sido anotado en contra suya en el caso mancionado en el epigrafe. FECHA: Prothonotario Salzmann Hughes. P.C BY: Donald L LeI<ever. Esquire Attorm')' I.D. ~o. 06902 95 Alexander Spring Road Suite 3 Carlisle. PA 17013 (717) 249-6333 Attorney for PlaintilT WEST PENNSBORO TOWNSHIP and WEST PENNSBORO TO\VNSHIP MUNICIPAL AUTHORITY Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-5080 CIVIL TERM MELVIN C.MIXELL III CIVIL ACTION - LAW AND EQUITY Defendant TO: Melvin C. Mixell, III DATE OF NOTICE: November 7,2005 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (I 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PAl 70 I 3 717-249-3 I 66 \lC~ By: Donald E. LeFever, Esquire 95 Alexander Spring Road, Suite 3 Carlisle, PA I70I3 Telephone: (717) 249-6333 Attorney for PlaintilT I () Day SoliL'e CERTIFICATE OF SERVICE 1 hereby certify that on the 7th day of November, 2005., 1 served a true and correct copy of the foregoing document by first class mail, postage prepaid, addressed as follows: Melvin C. Mixell, III P,O. Box 144 Plainfield, P A 17081 ~-- ~ Donald E, LeFever, Esq. SALZMANN HUGHES, P.c. 95 Alexander Spring Road, Suite 3 Carlisle, P A 17013 Telephone (717) 249-6333 Fax (717) 249-7334 ~. ? ~ ('::) ,--0 --- ~.., D ~ 0 4-- ~ G r. ~' -----= <C> "- ~ :::::-:, ~ r- ""5 _. ~ \:\ ~.7 r-:, ~, .., ...... ~ , "" -'\-..j ~ C) .-, (:1 c , , ,"' -n ~---.., "-.,,: -'-- f",) W ~" (,) ". _~i:~ r'" - WEST PENNSBORO TOWNSHIP and WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY Plant!ff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION-LAW AND EQUITY MELVIN C. MIXELL, III Defendant NO. 05-5080 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that on the 23rd day of November, 2005, I served a true and correct copy of Praecipe for Entry of Judgement by Default in Equity with Decree, proposed Order, Praecipe for Entry of Default Judgment for damages of $2,604.09, plus costs, and Rule 236 Notice by first class mail, postage prepaid, addressed as follows: Melvin C. Mixell, III P.O. Box 144 Plainfield, P A 17081 ~w Donald E. U:Fever, Esq. SALZMANN HUGHES, P.C. 95 Alexander Spring Road, Suite 3 Carlisle,PA 17013 Telephone (717) 249-6333 Fax (717) 249-7334 t..._, e'} (-) , ~-'l ..:JI :..-::1 j-i-i f-....) 0::" C;'? DEe 0 7 ZOOS,. l~ f/l WEST PENNSBORO TOWNSHIP and WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY Plantiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION-LAW AND EQUITY MELVIN e. MIXELL, III Defendant NO. 05-5080 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGEMENT BY DEFAULT IN EQUITY WITH DECREE TO THE PROTHONOTARY: Please enter default judgment in equity by default against the above named Defendant, Melvin C. Mixell, III, and order Defendant to make connection to the West Pennsboro Township Municipal Authority Wastewater Treatment System within thirty (30) days. Respectfully submitted, SALZMANN HUGHES, P.e. By: ) Donald E. LeFever, Esquire Supreme Court LD. No. 06902 95 Alexander Spring Road, Suite 3 Carlisle, Pennsylvania 17013 (717) 249-6333 Attorney for the Plaintiff Date: November 23, 2005 ~ DEL (; 7 2005(fY\ WEST PENNSBORO TOWNSHIP and WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY Plantiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION-LAW AND EQUITY MEL VIN C. MIXELL, III Defendant NO. 05-5080 CIVIL TERM ORDER ....14 't...c.('....,~ AND NOW, this ~day oBle. _...be., 2005, upon consideration of the Praecipe to Enter Judgment by Default, it is hereby ORDERED, ADJUDGED AND DECREED that Defendant Melvin C. MixelI, III shall make connection to the West Pennsboro Township Municipal Authority Wastewater Treatment System within thirty (30) days. BY THE COURT: J. J) - ?~S- {}~ ~ J1lf - ,/ ") \,- (, :! 1 [J" Salzmann Hughes. r.c BY: Donald K LeFever, Esqui.re Attorne)' 1.0. ~o. 06902 95 Alexander Sprin~ Road Suite 3 Carlisle. PA 17013 (717) 249-6333 AUorne:y for Plaintiff WEST PENNSBORO TOWNSHIP and WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-5080 CIVIL TERM MELVIN C. MIXELL. III CIVIL ACTION - LAW AND EQUITY Defendant TO: Melvin C. Mixell, III DATE OF NOTICE: November 7, 2005 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU IN THIS CASE_ UNLESS YOU ACT WITHIN TEN (10)DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PAl 70 I 3 717-249-3166 By: <~ -- . Donald E. LeFever, EsqUIre 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 Telephone: (717) 249-6333 Attorney for Plaintiff "" 10 Day ;Va/icll CERTIFICATE OF SERVICE I hereby certify that on the 7th day of November, 2005, I served a true and correct copy of the foregoing document by first class mail, postage prepaid, addressed as follows: Melvin C. Mixell, III P.O. Box 144 Plainfield, P A 17081 ~&~ Donald E. LeFever, Esq. SALZMANN HUGHES, P.C. 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 Telephone (717) 249-6333 Fax (717) 249-7334 ..d- e ~ (~ :-U CD '>> :y:'='- ,-" <:, -::Y-' ~ () ,:, '" ~ 'r> --- <\ r--- , "" 3 "<..,) V ;::-, __I (~ " C-r _"::J '0" -"-. f'''..) ,....) c...-' eft ::-;:j c.) 1!1 f",.) 0..) C,) :;.~ -- WEST PENNSBORO TOWNSHIP and WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5080 MELVIN C. MIXELL, III Defendant CIVIL ACTION - LAW AND EQUITY MOTION FOR CONTEMPT AND NOW, this 19th day of January, 2006, comes the Plaintiffs, West Pennsboro Township and West Pennsboro Township Municipal Authority, through their Solicitor, Donald E. LeFever, Esquire and files this Motion to hold the Defendant, Melvin C. Mixell, III in Contempt of Court, and in support thereof avers the following: 1. On December 7, 2005 this Court entered and Order directing Defendant to make connection to the West Pennsboro Townshp Municipal Authority Wastewater Treatment System within thirty (30) days. A copy of said Order is attached hereto, made a part hereof, and incorporated herein as Exhibit "A". 2. The Defendant has failed and refused to connect, and continues to fail and refuse to connect, to the Wastewater Treatment System as Ordered, 3. The Plantiffs have incurred reasonable attorney's fees and costs in preparing and presenting this Motion. WHEREFORE, Plaintiffs respectfully request this Honorable Court to Order the following: a. Defendant be ordered to appear before the Court on a date certain and upon failure to do so a bench warrant be issued for his arrest; b. Defendant be ordered to pay Plaintiffs reasonable expenses of preparing and presenting this Motion in the amount of not less than $300.00; c. The amount set forth in paragraph "b" shall be added to the judgment amount owed by the Defendant, in addition to any previously awarded costs and attorney's fees; d. The Court allow such additional time as it deems reasonable for Defendant to connect to the Wastewater Treatment System as it deems reasonable, and upon failure to do so the Court order Defendant incarcerated; e. Such other relief as the Court may deem necessary and proper. Respectfully submitted, SALZMANN HUGHES, P.c. By: Donald E. LeFever, Esquire Attorney ill No. 06902 Counsel for Plaintiffs 354 Alexander Spring Road, Suite 1 Carlisle,PA 17013 (717) 249-6333 CERTIFICATE OF SERVICE I hereby certify that on the 19th day of January, 2006, I served a tme and correct copy of the foregoing document by first class mail, postage prepaid, addressed as follows: Melvin C. Mixell, III P.O. Box 144 Plainfield, P A 17081 By: cfP Donald E. LeFever, Esquue SALZMANN HUGHES, P.e. 354 Alexander Spring Road, Suite 1 Carlisle, P A 17013 Telephone (717) 249-6333 Fax (717) 249-7334 WEST PENNSBORO TOWNSHIP and WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY Plantiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA I C !.',' "'7 '/)n'u'jJ'~ "j v ; _.u . v. CIVIL ACTION-LAW AND EQT:ITY MELVIN C. MIXELL, III Defendant NO. 05-5080 CIVIL TERM ORDER AND NOW, this ~ day of December, 2005, upon consideration of the Praecipe to Enter Judgment by Default, it is hereby ORDERED, ADJUDGED AND DECREED that Defendant Melvin C. Mixell, III shall make connection to the West Pennsboro Township Municipal Authority Wastewater Treatment System within thirty (30) days. BY THE COURT: 6' l-l/:'~{J {i~, 9' ], . ':,::{,~";~' D .: ,,' '-';:,! ~:"~~,;t) ',~ ,'. ,::; ,', ,':'" ,::. .,: /::~ hcr~j '.. ..' . . .~ ,,<,., '1 ". \ " "" I "-1' EXHIBIT "A" (" ~'''\ " ", c:::; WEST PENNSBORO TOWNSHIP and WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY Plantiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA "J"O~ \ .:v fY'"1 Jy v. CIVIL ACTION-LAW AND EQUITY MELVIN C. MIXELL, III Defendant NO. 05-5080 CIVIL TERM ORDER AND NOW, this 7Sl~ay of January, 2006, upon consideration of Plaintiffs' Motion for contempt, it is hereby ORDERED, ADJUDGED AND DECREED that Defendant Melvin C. cd j:30f!m. Mixell, 1Il shall appear before this ,/, Court on the~ day of ~. ,2006 rn ) Courtroom ~ in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, P A to show cause why Defendant should not be held in contempt of court for failure to comply with this Court's Order of December 5, 2005. BY THE COURT: ( /( L1/~ J. ,'~ J\ o;f;if /, Vf\~ ,) ^'1,OG 0\ - If- V'hF,'i\l)C:;'1t,l:Jd lIN'n;""",.:,'v, :~"""nr-. /\.l., ;1,1,./ ,I "l~",~,~ V , '1 :Ollollt LZ NVr 9ll0l "'v n' ,,', '1"'" "'H' .In 1'.1..3' Ir'A\vi'l 1...':0'0 :J ...L.:1U :l8!lclChT:l7U i - . WEST PENNSBORO TOWNSHIP And WEST PENNSBORO GOWNSHIP MUNICIPAL AUTHORITY Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW AND EQUITY : NO. 05-5080 CIVIL TERM MELVIN C. MIXELL, III Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Dear Prothonotary: Please enter my appearance on behalf of the Plaintiff in the above-captioned action. PAUL L. ZEIGLER, P.C. By: Paul Zei r, Esquire Attorney ID # 09603 300 Bridge Street, Second Floor P.O. BoxB New Cumberland, P A 17070 (717) 920-8420 Attorney for Plaintiff Date: March 17,2006 , .. . CERTIFICATE OF SERVICE AND NOW, this 17th Day of March, 2006, I, PaulL. Zeigler, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing document, by first class, United States Mail, postage pre-paid, addressed as follows: Melvin C. Mixell, III P.O. Box 144 Plainfield, PAl 7081 PAUL 1. ZEIGLER, P.C. By: PaulL. Attorney # 09603 300 Bridge Street, Second Floor P.O. Box B New Cumberland, P A 17070 (717) 920-8420 Attorney for Plaintiff Date: March 17,2006 Q c~ -, ',:-;::. ;:~< ~,;. :;'"..:J -' CJ .'y'\ .--\ -'C-li rr1f~ _.;)i'.!'; --,"3"-1 "-)(~) " ~-,,-\ ,,-q ~P' JG ::.:.:. ~ -;:: - o .... MAR 1 6 2006 WEST PENNSBORO TOWNSHIP and WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYL VANIA v. : CIVIL ACTION - LAW AND EQUITY MELVIN C. MIXELL, III Defendant NO. 05-5080 CIVIL TERM PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Dear Prothonotary: Please withdraw our appearance on behalf of the Plaintiff in the above- captioned action. SALZMANN HUGHES, P.C. By: Donald E. eFev , Attorney 10#: 06902 354 Alexander Spring Road, Ste I Carlisle, Pennsylvania 17013 (717) 249-6333 Attorney for Plaintiff Date: March 14,2006 . CERTIFICATE OF SERVICE AND NOW, this 14th Day of March, 2006, I, Donald 1. LeFever, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing document, by first class, United States Mail, postage pre-paid, addressed as follows: Melvin C. Mixell, III P.O. Box 144 Plainfield, PA 17081 SALZMANN HUGHES, P.C. By: JC:r{J Donald E.LeFever, Esquire Attorney ID#: 06902 354 Alexander Spring Road, Ste 1 Carlisle, Pennsylvania 17013 (717) 249-6333 Attorney for Plaintiff .-> <--::) ::-~~ -? ->0' S'V () ~.i-I .-1 .:r":-n i-n~; -nu: ;::':-\I~) -J -n -". - -'i', ~~() ::2\1" 2j3 ::...-:: c.::> WEST PENNSBORO TOWNSHIP and WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW AND EQUITY v MELVIN C. MIXELL, III, Defendant NO. 05-5080 CIVIL TERM IN RE: MOTION FOR CONTEMPT ORDER OF COURT AND NOW, this 29th day of March, 2006, the Defendant, Melvin C. Mixell, III, now appearing in court on a Motion for Contempt representing himself, and Plaintiff's counsel, Paul L. Zeigler, Esquire, and Defendant having indicated that this matter is being resolved amicably, and that the Defendant has at this point substantially complied with the earlier Order of Court in terms of connecting to the West Pennsboro Township Municipal Authority wastewater treatment system, and that some costs and attorneys fees remain to be paid by the Defendant, and pursuant to an agreement of the parties, this matter is continued generally, and the parties are requested to notify the Court at such time as a further hearing is requested or the matter may be deemed moot. ~l L. Zeigler, Esquire 300 Bridge Street, 2nd Floor P.O. Box B New Cumberland, PA 17070 For Plaintiff l~vin C. Mixell, III P.O. box 144 Plainfield, PA 17081 Pro se Defendant By the Court, \) , r~ : ,'\\ , 1\1 C , WIl). (_,-.q"l , '~UU(, , :) U\ " oJ '_"J'" J('\ ..J,,j \ "~ WEST PENNSBORO TOWNSHIP and WEST PENNSBORO TOWNSHIP MUNlCIP AL: AUTHORITY, Plaintiffs v. MELVIN C. MIXELL, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-5080 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of July, 2006, upon consideration of the attached letter from Paul L. Zeigler, Esq., attorney for Plaintiffs, a hearing is scheduled for Wednesday, October 4, 2006, at 11:00 a.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. Paul L. Zeigler, Esq. 300 Bridge Street Second Floor P.O. Box B New Cumberland, P A 17070 Attorney for Plaintiffs Melvin C. Mixell, III P.O. Box 144 Plainfield, PA 17081 Defendant, pro Se :rc BY THE COURT, ~~ 'l.,;;S:{)(. Cf-. . \ r:\ V,.,,\ t . LAW OFFICE PAUL L. ZEIGLER, P.C. 300 BRIDGE STREET, SECOND FLOOR P.O. BOX B NEW CUMBERLAND, PENNSYLVANIA 17070 (717) 920-8420 Facsimile: (717) 920-8421 oaullzeialertaleoix.net July 20, 2006 The Honorable J. Wesley Oler, Jr. Court of Common Pleas Cumberland County 1 Courthouse Square Carlisle, P A 17013 RE: West Pennsboro Township Municipal Authority v. Melvin C. Mixell, ill No. 05-5080 Civil Term Dear Judge Oler: Please be advised that the undersigned represents the West Pennsboro Township and the West Pennsboro Township Municipal Authority. Your records will reflect that on March 29, 2006 on an Order of Court for Contempt, the undersigned and the Defendant Melvin C. Mixell, III appeared before Your Honor. After discussion, you indicated by Order, that if the need developed for a further hearing the parties could so request. Subsequent to the Order of March 2,2006, the Defendant Melvin C. Mixell, III has remained in default on the remaining monies owed with regard to this litigation. Therefore, the undersigned, on behalf of my client, is requesting that the court schedule an additional hearing on this matter. I have provided a copy of this letter to the Defendant, as . PLZlem Enclosure cc: Melvin C, Mixell, 1lI John Epley, Township Manager, West Pennsboro Township ~~ \ ~~\.. ').. WEST PENNSBORO TOWNSHIP and WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY, Plaintiffs v. MELVIN C. MIXELL, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-5080 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of October, 2006, upon consideration of the Plaintiffs' motion for contempt filed in the above-captioned matter, and following a hearing, the Court finds that the Defendant has intentionally, voluntarily, and willfully failed to comply with the terms of the order herein, and he is consequently adjudicated in contempt. Pursuant to an agreement of Defendant and Plaintiffs' counsel reached in open court, Defendant shall pay the sum of $1,436.31 to West Pennsboro Township at the township office on or before Friday, October 6, 2006, at noon. ~aul L. Zeigler, Esquire 300 Bridge Street Second Floor P.O. Box B New Cumberland, PA 17070 For the Plaintiffs ~elvin C. Mixell, III P.O. Box 144 Plainfield, PA 17081 Defendant Pro Se pcb By the Court, (' n . 71 1,1.1 r I ! '10 OUf'll c, "...... . v r,.~;J Ct .;... ~,,:' J U ., WEST PENNSBORO TOWNSHIP And WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORITY Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW AND EQUITY MELVIN C. MIXELL, III Defendant : NO. 05-5080 CIVIL TERM PRAECIPE TO SATISFY AND DISCONTINUE TO THE PROTHONOTARY: Dear Prothonotary: Please mark the above-styled action satisfied and discontinued. By: Paul . ei r, Esquire Attorn # 09603 300 Bridge Street, Second Floor P.O. BoxB New Cumberland, P A 17070 (717) 920-8420 Attorney for Plaintiff Date: November 3, 2006 J, .. . CERTIFICATE OF SERVICE AND NOW, this 3rd Day of November 2006, I, Paul L. Zeigler, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing document, by first class, United States Mail, postage pre-paid, addressed as follows: Melvin C. Mixell, III P.O. Box 144 Plainfield, P A 17081 By: aul L. eigl , Esquire Attorney 09603 300 Bridge Street, Second Floor P.O. BoxB New Cumberland, P A 17070 (717) 920-8420 Attorney for Plaintiff Date: November 3, 2006 ~ \".-::;;:;:t c::;J 0-' c:;;. < I W (.",,) w ~ :.<