HomeMy WebLinkAbout05-5994
WEST PENNSBORO TOWNSHIP
and WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
Plaintiffs
IN COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
No. 9(0)'- 519'1
DENNIS G. DEITCH
and SHARON L. DEITCH
Defendants
CIVIL ACTION - LAW AND EQUITY
NOTICE TO DEFEND
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 this 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 by the Court without further notice for any money claimed in the
Complaint or for any other claim or 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
Telephone No. (717) 249-3166
Americans with Disabilities Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office. All arrangements must be made at least 72
hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
WEST PENNSBORO TOWNSHIP
and WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 0')--579 Y
DENNIS G. DEITCH and
SHARON L. DEITCH
Defendants
CIVIL 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 finn of
Salzmann, Hughes, P.c. and respectfully represents as folIows:
1. Plaintiff, West Pennsboro Township ("Township"), is a municipal corporation located in
Cumberland County, Pennsylvania with an address of 2150 Newville Road, Carlisle, Pennsylvania 17013.
2. Plaintiff, West Pennsboro Township Municipal Authority ("Authority"), is a municipal
authority of the Commonwealth of Pennsylvania located in Cumberland County, Pennsylvania with an
address of2150 Newville Road, Carlisle, Pennsylvania 17013.
3. Defendants, Dennis G. Deitch and Sharon L. Deitch, (hereinafter "Defendants") are owners of
a property in West Pennsboro Township, at 136 Greason Road, Carlisle, PA 17013, with a mailing
address of 136 Greason Road, Carlisle, PA 17013.
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 Defendants instructing them to make connection within sixty (60) days of the 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, Defendants received by certified mail a Notice of Violation of
the West Pennsboro Township sewer connection Ordinance from the Township's Solicitor, Donald E.
LeFever, instructing them to connect within ten (10) days ofreceipt 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 them that if
connection was not made, West Pennsboro Township Municipal Authority had authorization to enter their
property to make the connection.
10. The sewer connection and inspection fees are set forth in Exhibit B.
II. 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 is the sum of$183.78 consisting of3
months user fees, plus penalties, and $1,625.00 being the sewer connection fee.
13. Although demand has been made, Defendants have 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.) Defendants to make connection with the West Pennsboro Township Wastewater Treatment
System;
b.) Judgment against Defendants 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 ID No. 6902
Counsel for Plaintiffs
95 Alexander Spring Road, Suite 3
Carlisle, P A 17013
(717) 249-6333
( liP
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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 infonnation 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:
We
unicipal Authority
As:
Tow'" ~k'b r>114"v41~V'
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VERIFICA nON
I verify that all the statements made in the foregoing Complaint are true and correct to the best of
my knowledge, infonnation 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~~:okw~p
As: 'lz,lJcli/lSJ.//O pJ,q""49l:V'
WEST PENNSBORO TOWNSHIP
ORDINANCE NO. 2002-2
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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 A V AILABLE; SETTING
FORTH RELATED MATTERS; AND PRESCRIBING PENALTIES FOR
VIOLATION.
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EXHIBIT "A"
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The Board of Supervisors of the TO\\TIship of West Pennsboro, CumberlalJd
County, Pennsylvania, enacts and ordains as follows:
Section I
Definitions and interpretations.
Unless the context specifically and clearly indicates otherwise, the meaning oftemls used
herein shall be as follows:
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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.
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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 tovmship from which wastes, in addition to or
other than sanitary sewage, are discharged.
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INDUSTRIAL WASTES - Any and all wastes discharged from an industrial
establishment, other than sanitary sewage.
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LATERAL - That part of tlle 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.
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O\\lNER - Any person vested with ownership, legal or equitable, sole or partial,
of any improved property.
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PERSON - Any individual, partnership, company, association, society,
corporation or other group or entity.
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SANIT ARY SEW AGE - Nonnal water-carried household and toilet wastes from
any improved property.
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SEWER - Any pipe or conduit constituting a part of the sewer system used or
usable for sewage collection purposes.
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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.
TO\VNSHIP - The Township of West Pennsboro, Cumberland Counly,
Pennsylvania, acting by and through its Board of Supervisors or, in appropriate
cases, by and through its authorized representatives.
Section 2
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B.
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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 Tovmship 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.
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.
(I)
No person shall place or deposit or pem1it 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.
(I)
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.
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Section 3
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(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 TO\\TIship, 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 T o\\l1ship
cleansed and tilled, shall constitute a nuisance and such nuisance
may be abated as provided by law, at the expense of the 0\\11er of
such improved property.
E. 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 com1ection 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 sueJ1
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 \"Castes for treatment and
disposal from the particular improved property. Such notice shall be
served upon the OWller 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 penn it,
in ""Titing, from the To\vnship.
B.
Application for pennit. Application for a permit required under Section
3A shall be made by the owner of the improved property to be served or
his duly aulhorized 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 hav~ 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 pem1it as required
by Section 3A.
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(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 T0\\11ship 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 sew<:r has been
paid.
D.
One property per connection: exception. Except as otherwise provided in
this section, each improved property shall be connect<:d separately with a
sewer through a building sewer. Grouping of more than one improved
property on one building sewer shall not be pennitted. except under
special circumstances and for good sanitary reasons or other good cause
shov<.n, and then only after special permission ofthe Township, in writing,
shall have been secured and subject to such rules, regulations and
conditions as may be prescribed by the Township.
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 hamlless 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.
Connection point; invert.
(I)
A building sewer shall be connected to a sewer at the place
designated by the Tov<.nship 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 cOlmection 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
Tov.nship, 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 ov<.ner the costs and expenses thereof. In such
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Section 4.
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case. the Tov,TIship shall forthwith, upon completion of the work, send an
itemized bill of the cost of the construction of such cOfmection 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
ov,uer of sueh improved property to pay said bilL the T ov,y,ship 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.
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.
Inspection. No building sewer shall be covered until it has been inspected
and approved by the Tov,TIship. 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 O\\11er 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 O\\TIer of such
improved property.
D.
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 T o\\uship.
E.
Unsatisfactory conditions; notice to remedy. If the owner of any improved
property located in the Tov,nship 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 pennit 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
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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 TO\\TIship shall forthwith, upon completion of the wort,
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 OViner 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.
Furthemlore, 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 Tovmship reserves the right to
adopt, from time to time, additional rules and regulations as it shall deern
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 of the Ordinance.
G.
Objectives of connections.
(I) Maintenance of an efficient sewer system by ensuring proper
connection to and use of the ~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.
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.
Section 5
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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 infonnation of conditions within sewer system from
which an inference can be drawn that violations of conditions \vithin
sewer system from which an inference can be drawn that violations of
sewer ordinances, resolutions and regulations have been commitled or ca
reasonably be construed to have been commitled 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.
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Enacted and ordained this 4th day of June, 2002 by the Board of Supervisors of West
Pennsboro Township.
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Chairman '
CERTIFICA TE
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I, the undersigned, Secretary of the Township of West Pennsboro,
Cumberland County, Pennsylvania (the "Township"), certify that the
foregoing is a tme and correct copy of an Ordinance of the Board of
Supervisors of the Township which was duly enacted by affirmative vote of
a majority of the members of the Board of Supervisors of the Township at a
meeting duly held on ~\.Vyl-( 'f , '1,-,(/2.; that said Ordinance has been duly
recorded in the Ordinan~e Book of the Township; th\lt said Ordinance was
duly published on ,L~ 9(3, ;;'-001.-- ; 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.
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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 ofPennsylvan.ia,
approved July 3, 1986.
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IN \\1TNESS WHEREOF, I set my hand and affix the official seal of
the Township, this day of
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SEWER SYSTEM
RATES, RULES & REGULATIONS
of the
WEST PENNSBORO TOWNSHIP
MUNICIP AL AUTHORITY
2150 Newville Road
Carlisle, Cumberland County
Pennsylvania
March 2004
EXHrBIT "B"
WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHORJTY
SEWER SYSTEM
RULES, R4. TES AND REGULATIONS
TABLE OF CONTENTS
ARTICLE I. DEFINITIONS ................................................................................. 1
Section 1. I
Section 1.2
Definitions
Abbreviations
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Section 2.1
Section 2.2
SEWER CONNECTION PERMITS.................................................. 9
Permit Required for Connection 9
Application for Permit 9
ARTICLE II.
ARTICLE Ill. SEWER CONNECTION PROCEDURES AND
SPECIFICATIONS....................... ....... ........ ........ ................... .............. ...... 10
Section 3.1
Section 3.2
Section 3.3
Section 3.4
Section 3.5
Section 3.6
Section 3.7
Section 3.8
Section 3.9
Authority Standards
Conditions of Connections
Separate Cormections
Building Sewers and Service Laterals
Correction of Defects in Building Sewers
Maintenance of Building Sewers and Service Laterals
Grinder Pump Requirements
Grease Interceptor and Oill\Vater Separator Requirements
Change in Ownership or Tenancy
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II
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ARTICLE IV. EXTENSIONS AND ADDITIONS TO SEWER SySTEM................ 14
Section 4.1
Extensions Made By Builder, Developer and Other Person
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Section 5.1
Section 5.2
Section 5.3
Sectwn 5.4
Section 5.5
Section 5.6
Section 5.7
Section 5.8
Section 5.9
Section 5.10
GENERAL SEWER USE REQUIREMENTS .....................................16
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18
18
19
19
20
General Proillbited Discharge Standards
Specific Prohibited Discharge Standards
Federal Categorical Pretreatment Standards
Specific Pollutant Limitations
Rlght of Revision
Dilution
Pretreatment Facilities
Additional Pretreatment Requirements
Accidental Discharge/Slug Control Plans
Hauled Waste
ARTICLE V.
ARTICLE VI. WASTEWATER DISCHARGE PERMITS ...................................... 21
Section 6.1
\\/Js1e Sur.....ey
21
WEST PENi\SBORO TOWNSHIP MUNICIPAL AUTHORITY
CUMBERLAND COUNTY, PENNSYL V MIlA
SEWER SYSTEM
RULES, Ri\. rES AND REGULA nONS
ARTICLE I. DEFI!,;ITIONS
Section 1,1
Definitions
I. Act. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended
(33 use S 1251 et seq.).
2. Authoritv. 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 User. 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:
C. The authorization is rnade 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 tbe Authority.
4. Biochemical Oxygen Demand (BOD]. The quantity of oxygen utilized in the biochemical
oxidation of organic matler under standard laboratory procedure, five (5) days at twenty degrees
Centigrade (20"C), expressed in tenns ofweigbt and concentration, milligrams per Liter (mg/L).
16. Fats, Oils. and Greases (FOG) - Organic polar compounds derived from animal and/or plant
sources that conlain multiple carbon chain triglycende molecules, such as rendered animal fat,
vegetable shortening and other such oily material used for the purposes of and resulting from
cooking andior preparing food, and IS distinct from petroleum or mineral oils.
17. Federal Catel!orical Pretreatment Standard Or Cate~orical Standard. Any regulation containing
pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the
Act (33 U.S.c. 91317), which applies to a specifIC category of Industrial Users and which appear
in 40 CFR Chapter I, Subchapter N, S9405-471.
18. Food Ser"ice 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 wastestream on a one-time basis, with no regard
to the flow in the waste stream, 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 wastestream 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 humau beings and from which structure domestic
and/or industrial wastewater shall be or may be discharged.
24. Indirect Discharg~. 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 ofIndirect Discharge.
27. Industrial Wastewater. Any liquid, gaseous or waterborne wastewater discharged into the Sewer
System iTom commercial or industrial establishments, as distinct from domestic wastewater.
28. Interferenc,. A discharge which, alone or in conjunction with a discharge or dlscharges from other
3
Options to purchase or contracts, which Can be terminated or modified without substantial loss,
and contracts for feasibility, engineenng and design studies do not constitute a contrachlal
obligation under this paragraph.
34. Noncontact Cooling Water. Water used for cooling that does not come inta direct contact with any
raw material, intermediate product, waste product or finished product.
35. Nonresidential Establishment. A commercial. institutlOna] or industrial est.ablishment.
36. North American Industrv Classitication Svslem (NAICS). A classification system pursuant to the
North American lndust'y Classifiealion System, United Stales. 2002 Manllal, 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 Throu!1h. 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 saurces,
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, finn, company, corporation, association, joint
stack company, trust, estate, governmental entity, saciety or any other legal entity, or tlleir legal
representatives, agents or assigns. The masculine gender shall inclnde the feminine, and the
singular shall include the plural where indicated by context.
40. @. The logarithm (base 10) of the reciprocal af the concentration of hydrogen ions expressed in
grams per Liter of solutian and indicates the degree af acidity or alkalinity of a substance.
41. Pollutant. Any dredged spoil, solid waste, incinerator residue, filter back-wash, 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 af 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
biolagical pracesses; by process changes; or by ather means, except as prohibited by 40 CFR
!i403.6(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
response to a petition received from the nonresidential User determine that such nonresidential
User should not be considered a Significant Industrial User.
55. SluQ. 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. Stonn Water. Any flow occurring during or following any form of natural precipitation and
resulting therefrom.
58. Street. Any street, road, lane, court, aUey 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 indirec!!y, 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 EPA under the provision of Section 307(a) (33 U.S.C. (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 GaUons Per Day
. L Liter
. LEL Lower Explosive Limit
. mg Milligrams
. mglL Milligrams Per Liter
7
ARTICLE II. SEWER CON"'ECTlON PERMITS
Section 2.1
Permit Required for Connection
No connection sha1l be made nor construction of the building sewer commenced unless and until the
owner of the improved property sha1l have made application for a sewer connection pemlit 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 EDU 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 tbat the increased potential for the generation of wastewater
equals or exceeds one EDU. No sewer connection pemlit 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 tbe wastewater.
Section 2,2
Application for Permit
Application for connection to the Sewer System, as required under Section 2.] of this Article, shall be
rnade by the owner of tbe improved property to be served, or by his duly autborized representative, on a
form provided by the Authority. Connection permit applications shall be accompanied by plans and
specifications as required under tbe Authority's Standard Construction and Material Specifications for 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 tbe property for which the permit is.
isslled, and neither the owner nor any subsequent owner or tenant shan anow any other property to be
attached to or connected with the sewer Jines or transferred to another property as authorized under the
permit.
9
Seetion 3.4
Building Sewers and Service Laterals
A. Building sewers and service laterals shal] be constructed, installed and connected in accordance
with the Authoritv's Standard Construction and Material Specijica/ions for the Wastewater
ColleClion 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 Fom1.
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
owneL 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
barricades and lights to protect alI 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
maIller 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 shajj 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 detenninecl by the Authority that a service lateral is ;n need of repair and/or
modification, either to eliminate the entry of ground water or to eliminate an illegal discharge, the
Authority shalI 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
with dishwashers or garbage disposals. The trap/interceptor size, type of construction, and the location of
the installation. shall be approved by the Authoritv, prior to installation.
Grease traps and grease interceptors shall be inspected, cleaned and repaired regularly, as needed, by the
owner at his expense. ln 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 rnay make peric,dic 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 AuthOlity 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 mav 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.
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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 hannless 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 appunenances are found to be operational and in good repair.
7. All streets within which sewer mains and appunenances to be dedicated to the Authority
have been installed, have finished paving and have been dedicated to the municipaht\'.
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 nntil the improvements are completed to the
satisfaction of the Authority, including all final adjustments to grade, acceptance of a deed of
dedication by the Anthority, and posting of security to guarantee the installed improvements for a
maintenance period of eighteen (18) months conunencing 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 anthorized 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, bllt not limited to, installation of sewer laterals or mains, or roadway
surfacing above subgrade. Vihere improvements are not completed in compliance with the
Authoriry'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.
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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 POT\\' cause the POTW to be
in noncomphance with sludge use or disposal criteria, guidehnes 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
Conlrol 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
Pennit.
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 activity 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 FahrenheJt {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.
1. 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 nor,residential 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-aclive agents or other substances that may canse excessive foaming in t1le
POTW.
17
and the prohibitions set out in Sections 5.1 and 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
AUlhority does not by its approval of any of the designs or 1Jlstallation 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
implemenL1tion 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 reponed to and be accepted by the Authority prior
to the User's initiation ofthe changes.
The User shall at all times properly operate and maintain all pretreatment facilities and systems of
treatment ai1d 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) of these Rates, Rules and Regulations.
Section 5,8
Additional Pretreatment Requirements
\Vhenever 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 constmction 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.
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ARTICLE n. WASTEWATER DISCHARGE PER;\lITS
Section 6.1
Waste Suney
'v\11en 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 fonn for this purpose and may periodically require Users to
update the survey.
Section 6.2
Wastewater Discharge Permit Requirements
A. No Significant Industrial Users (SlU) 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 pemlitapplication pursuant to paragraphs (B) and (C) ofthis 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
aJlow discharges to the POTW to continue after ] 80 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 proposmg 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 Pennit 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 ,,'ith 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
\\' astewater Discharge Permit Application
A. Users required (0 obtain a Wastewater Discharge Permit shall complete and file with the
Authority, an application in the fonn prescribed by the Authority, and accompanied by the
required pemlit 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
Discharge Pem1its may include such conditions as are reasombJy deemed necessary by the Authority to
prevent pass through or interference, protect the quality of the water body receiving the treatment plant's
eff1uent, protect worker health and safety, facilitate sludge management and disposal, protect ambienl air
quality and protect against damage 10 the POTW. Wastewater Discharge Permits may contain the
following conditions:
A. A statement that indicates the \\' astewaler Discharge Permit duration. which tll no event shall
exceed five (5) years.
B. A statement that the Wastewater Discharge Pennit 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
mcasure of identified wastewater pollutants or properties, and limits on thc 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.
1. 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 notilication to the Authority
regardmg 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.
1v1. Requirements for notification of any new introduction of waste\vater constituents or any
23
6. Misrepresentations or failure to fully disclose all relevant facts in the Wastewater
Discharge Pem1it application or in any required reporting
7. Revision of or a grant of variance from Categorical Standards pursuant to 40 CFR
1\403.13.
8. To correct typographical or other errors in the Wastewater Discharge Permit.
9. To reflect a transfer of the facility ownership and/or operation to a new ovmer/operator.
10. Any cause identified in paragraph (E)(l) 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 narne 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 thern. 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 pem1it as set forth in paragraphs (C) and (E) of this seciion.
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 III 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 in the Wastewater
Discharge Pem1it application or repons.
4. Falsifying monitoring repons.
5. Tampering with rnonitoring 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
ARTICLE VII. I~DUSTRIAL MO!\ITORI:\G A~D REl'ORTI'\G HEQUIRE1\1E.'\TS
Section 7.1
Baseline Monitoring Report (BC\IR)
Within either 180 days after the effective date of a Federal Categorical Pretreatment Standard, Or the final
administrative decision on a categorv determinJtion under 40 CFR S40~.6(a)(4), whichever is later,
existing Categorical Significant Industrial Lsers subject to such Categorical Standards, and currently
discharging to or scheduled to discharge to the POT'>\", shall submit to the Authority a Baseline
Monitoring Report (BMR), which contains the informatIOn listed in 40 CFR 9403.12(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 appllcable Categorical Standard, shall
submit to the Authority a BMR which contains the information listed in 40 CFR 9403.12(b) and in this
section. A new source shall report the rnethod of pretreatment it intends to use to meet applicable
Categorical Standards, and shall also provide estimates of its anticipated flow and quantity ofpoJlutants 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 ot for the facility.
C. A brief description of the nature, average rate of production, and standard industrial classifications
of the operation(s) carried out hy the Categorical SIU. This description shonld 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 wastestreams and other wastestreams, as necessary, to allow
use ofthe combined waste stream formula, as established in 40 CFR g403.6(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, ofregulated pollutants in the discharge
from each regulated process. Instantaneous, daily maximum and long-term average
concentrations, or mass, where required, shall be reponed. At least one sample representative of
daiJy operations shall be provided with the BMR and shall be analyzed in accordance with
procedures found in Section 7.8(B) or 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 andior O&M will be required to meet the
Pretreatment Standards and Requirements, the shortest schedule by ",hich 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
required more frequently in the Pretreatment Standard or by the Authority, indicating the narun
and concentration of pollutants in the discharge which are limited hy such Pretreatment Standards.
Both daily maximum and average concentrations shall be reported. In addition, the report shall
include a record of the measured or estimated average and maximum daily flows for the reponing
period. AI the discretion of the Authority and in consideration of such factors as local high and
low flow rates, hohdays, 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 shaJI
indicate the mass of pollutants regulated by Pretreatment Standards in lhe 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
Authorily.
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-lerm production rate. Categorical Industrial Users subject
to Federal Categorical Pretreatment Standards, which are expressed only in terms of allowable
pollutant discharge per unit of produclion (or olher measure of operation), shall include in lhe
periodic compliance report the User's actual average production rate for lhe reporting period.
Section 7.5
Report of Changed Conditions
A. Each User shall notii}' lhe Authority of any planned, significant changes to the User's operation or
system, which might alter the nature, quality or volume of its wastewaler at Ieasl thirty (30) days
before the change occurs. This notification requirement includes anticipated changes in User
production, which can reasonably be expecled 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 Waslewater Discharge Permit under Section 6.5 of these Rates, Rules
and Regulations or modify an existing Wastewater Discharge Penn;t under Section 67(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 lhe Authorily has
responded to the User's notice. The Authority rnay require the User to undertake a compatibility
swdy 1.0 demonstrate to the satisfaclion 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 wjll not otherwise adversely affect the POTW
treatment plant.
E. For purposes of thi, requirement, significant changes include, but are not limited to, !low
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notification requirement does not apply to pollutants already reported by lisers 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 (J 5) kilograms of hazardous waste, unless the
wastes are acute hazardous wastes as specified in 40 CFR H261.30(d) and 261.33(e). Discharge
of more than fifteen (15) kilograms of non acute hazardous wastes in a calendar month. or of any
quantity of acute hazardous wastes as specified in 40 CFR SS261.30(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 additlOnal 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 Wasle 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 perfonned in accordance
with the techniques prescribed in 40 CFR 9 136, 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 perfoffiled ill
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 facilllies 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 ofthe discharge.
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but the Authority may, in its sole discrel1on, when such a location would be impractical or
cause undue hardship on the User, allow the facility to he 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 an<1or sampled shall be promptly removed by the User at the written or verba]
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 stmcture be equipped with
pennanenHype 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 notification 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.
J. 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 verity compliance
with these Rates, Rules and Regulations or a Wastewa1er 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 m 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
The Authority may publish on an annual basis, or more frequent basis as it deems appropriate, a list of (he
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 tesult of administrative or typographical error. The term Significant
Noncompliance is defined as the following:
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infom1ation 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 inforn1ation shall be held
confidential, the portions of a report which might disclose trade secrets or secret processes shall nol 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
Section 8.3
2.
Collection Pan: The Collection Pan of the TapPlJlg Fee is based on the cost of wastewater
collection facilities required to provlde senice, such as sewer mains and pump stations.
This fee may include facilities that provide existmg senice 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 Pan: The Special Purpose Part ofthe Tapping Fee is applicable only to a
panicular group of customers, sening a panicular purpose, or sening 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 senice andior
those that will provide future service. The cost of existing facilities is based on their
replacement cost. The cost of future facilities shalJ not exceed their reasonable estimated
cost.
4.
Reimbursement Pan: 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.
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 determination by the Authority that the requested
capacity is available in the Sewer System. Sewer reservations shall not be deemed to waive or
dirninish compliance with any other requirements for approvals or pennits needed for a sewer
system connection or extension as found in Articles III and N 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 EDU s reserved plus a milllmum monthly charge.
Section 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
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 sllall
be cash, cashier's check or money order.
Section 8.6
'''aste Surcharge
A. Initial Survey: The Authority may make an initial survey of the discharge from nonresidential
establishments to determine the applicability of the 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 bome 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 S 136, 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 shalJ be imposed on each User discharging wastewater
in excess of the concentrations provided below:
Biochemical Oxygen Demand (BOD)
Ammonia Nitrogen (NH,-N)
Total Phosphorus (Total P)
Total Suspended Solids (TSS)
300 mg/L
50 mgil,
11 rngiL
300 mg/L
The surcharge shall be calculated according to the following formula:
S = 8.34 x Q x {[(BOD-300) x TaoD] + [(NH,-N-50) x T"'''N] + [(P.ll) x T,l + [(TSS-300) x TTSsl
Where:
S
834
Surcharge Cost
Constant to convert wastewater strength expressed in mgiL to pounds
39
ARTICLE IX. E!'iFORCL1IIE]\,T
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 of the Notice of Violation (or slIch 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 Uscr of liability for any
violations Dccuning before or after receipt ofthe 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.
B. Termination 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 endangerrnentto 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 darnage 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 tennination 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 Pemlit 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 l'.'PDES 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 pennanent 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 User.
41
B. Treatment Bypasses: For the purposes of this Section. "Bypass" means the intentional diversion of
wastestreams 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 Jive (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 tirne it is expected to continue; and steps being taken or planned to reduce,
eliminate and prevent recurrence of the bypass. The Authority may wa:ive the written rep0l1 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 nonnal
periods of equipment downtime; and the User properly notifies the Authority as described in this
section.
43
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Minutes of Meeting
West Pennsboro Township Municipal Authority
February 14,2003
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The West Pennsboro T0\\11Ship Municipal Authority met Friday,
February 14, 2003 at 7:30 am. at the West Pennsboro Tovmship Municipal
Building, 2150 Newville Road, Carlisle, Pennsylvania The following
members were present: Chainnan Jolm Billman, Dorothy Warner, William
Piper, and Gary Heishman. Harry Vv11eeler was absent:
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Also present were Jodi Reese of c.E. T. Engineering, Alan Hostetter,
Municipal Authority Representative, Pete Carlucci, Bond Council, and
Secretary Evelyn Swartz.
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MEMBERS OF THE PUBLIC
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Supervisor - Richard Adler
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CALL TO ORDER
Chainnan Bilhnan called the meeting to order at 7:30 a.m.
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Deitch Easement
Solicitor Fishman advised the Authority the easement for Dennis
Deitch vvas 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"
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i\H1NICIPAL ALTHOHITY
2
FEBRLARY 14.2003
Master Engineering Agreement
On a Piper.!}jeishman motIon, the Authority unanimollsh
recommended si!!natLJre of the Master Engineenng Af!feement with CET.
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Engineering, which was previously reviewed by the Solicitor.
On a Piper'\Vamer 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.
TaPQage Fees
Solicitor Fishman advised the Authority of the new tappage fee of
$1,05000 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 tmit for this project This
tappage fee will allow for sufficient capital to cover expenses including
items, which are not eligible for Penn Vest reimbursement
Bas.ed upon those projections and the studies, which were done to get
the grant monies, thc Authority will have the funds to pay ] 00% of the
tapping fee for ] oo~/" 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 foml
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, a1 7:00 pm a1 the Fire Company at which time the
Authoritv can announce the loan closing and explain the tapping fees, and
lateral placements Also, the Engineer can announce 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 constmction process, and should
, be combined into a slide show l)fesentation fc)r the residenls.
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l\Il'l\lClPAL A {'THORITY
3
FEBRtARY 14,2003
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 HeislunanlWamer motion, the Authority lmanimouslv
authorized execution of the incunence of debt resolution.
Resolution #2003-06 for Tappa2:e Fee
On a WamerfHeishman motion, the Authority unanimously
authorized execution of the tappage fee resolution.
Resolution #2003-07 for Sewer Rates
On a HeisI1l11anlWamer motion, the Authority unanimously
authorized execution of the sewer rate resolution.
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Conespondence Course
Ms. Reese advised the Authority of the correspondence course
schedule for Alan Hostetter.
Reschedule Authoritv MeetiIws for 2003
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Discussion was held on rescheduling the Authoritv meetings from the
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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
nev\' dates for these meetings will be advertised.
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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 bonng vs. a mainline boring for th e
tract of land along Rt #641, o\\ned by the MaybeITy's. BaITY Wampler of
eET., obtained costs liOlll the actual bid sheets of the contractors and
prepared an estimated cost breakdown.
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'\ll"lCIPAL Al'THORITY
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FEBRUARY 14. 2003
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After the Authority reviewed the breakdoml, Ms. Reese noted the
estimated cost difference between the two borings would be $10 000 This
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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 Jetter to Ivb- Mayberry
attaching the cost estimate prepared by CET
ADJOlTRl\MENT
On a Wamer/Heishman motion, the meeting was adjourned at 8:45
a.m. The motion calTied unanimously and 'without further comment.
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A) Cl1a.irmQn John Billman /-
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/ Gary Heishman
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~'-i..-'rh U'6,Ji ""cL~
Dorothy Warner
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Harf}: Wheeler
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5EP-01-2005 12:46 FROM:CET ENGINEERING
7175418004
West Pennsboro Township Municipal Authority
Wastewater TreBtment Facility
Estimated Annual Budget
Operating Expenl,es
Labor (half time)
Part Time Labor
AdminiatratlOn
Utilities (Electricity)
Materialll Supplies
Materials and SuppliGS
Of1ice Expense
Postage
Telephone
Outside Service
Laboratory Services
Chemicals (alum)
Sludge Disposal
Engineenng
Legal
Audit
Other Expenses
Equipment Maintenance
Sewer System Maintenance
Mllint9nance Reserve Fund
Payroll taxes and insurance
tnsurance
Operator Training
TOTAL ESTIMATED EXPENSE
Operating Expenses Co..t Sharing. AnnueU.ed
Turnpike Share 15%
Township & School
Turnpike
Tolal
$
$
$
$
$
S 1,000
$ 700
S 925
$ 1,000
$
S 1.500
:& 1,500
$ 1e,5OO
$ 2,500
S 3,000
$ 3,000
$
$ 2,000
:& 1,000
$ 2,000
$ 3,600
$ 4,000
$ 500
TO: 7172431592
Estimated
20,000
8,040
1,500
9,100
3,625
28,000
13,100
S 83,365
$ 70,860
:& 12.505
$ 83,365
Cost per SOU Town.hlp on th. basi. 0'211 EDU's Initially connected 10 WWTP
Eslimated EOU Breakdown
Township Residential 166
Township Commerclat/lnstltuliOl1aJ 21
SchOOl 24
Total 211
Total Expenses
Operating Expenses
Debt SelVlcs
Total
AnnUli' Cost Per EDU
Residential Default ROle
leost Per EOU
C<>st per month
7.5%
$ 70,860
$67.342
$138,202
$$96 Iyr
S58
P.2'2
JlInuHry 30. 2003
,)Dt3~07
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WEST PEJ\'NSBORO TO\VNSHlP Ml'NIClPAL AUTHORITY
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A RESOLUTION
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FIXING A..'ID CHARGING SEWER RATES AND OTIlER CH.A.RGES FOR USE OF
THE SEW AGE COLLECTION, TRANSPORTATION AND TREATMENT SYSTEM TO
BE ACQUlRED, CONSTRUCTED, mVNED M'D OPERATED BY THE AUTHORITY
AND FOR COLLECTING, TRANSPORTING, TREATING AND DISPOSING OF
WASTES DISCHARGED TIlERETO, UPON O\VNERS OF IMPROVED PROPERTY
CONNECTED TO SUCH SEW AGE COLLECTION SYSTEM; PROVIDn,G FOR
COLLECnONS AND FOR FQING OF LIENS; REGULATING THE DISCH.A.RGE OF
SA..N1TARY SEWAGE A..'ID INTIUSTRIAL WASTES INTO SUCH SEWAGE
COLLECTION SYSTEM; ADOPTING CERTAIN RULES AND REGULATIONS W1TH
RESPECT TO CONJ\'ECTIONS MADE TO SAID SEViER SYSTEM AND USE OF
SAID SEWER SYSTEM; AND PROVIDING FOR ADOPTION OF ADDITIONlu~
RULES AND REGULATIONS
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WHEREAS, the Authority, with the approval ofthe TO\vnshipofWest Pelmshoro,
Cumberland County, Pennsylvania (the "TO"TlShip"), has determined to acquire and construct a sanitary
sewage collection, transportation and treatment system, including all related and necessary facilities, for
rendering sewage sen-ice in and for a portion of the TO"TIship known generally as the Village of
Plainfield, which undertabng is referred to as the "Project"; and
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WHEREAS, plans and specifications related to the Project have been prepared by
Commonwealth Engineering and Technology, Inc., Harrisburg, Pennsylvania, which plans and
speCIfications have been approved by the Authority and all other governmental bodies having jurisdiction;
and
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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 cmmectlOn
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 m connection WIth such facilities, and together with all additions, extensions, bettemlents,
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
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'v\'HEREAS, the Authority, in accordance with power vested init by law, desires to fix
and charge sewer rates and other charges for use of the Sewer System and for sen-ices rendered in
connection therc\vith.
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NOW, THEREFORE, BE IT RESOLVED, by the Board ofth" Authority, as folIo""s:
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SECTION I
DEFINITIONS
Unless the context specifically and clearly indicates otherwise. the meaning oftenns and
phrases used in this Resolution shall be as follows:
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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.
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B. "Building Se,\'cr" means the extension from the sewage drainage
system of any structure to the Service Lateral of a Sewer.
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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.
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D. "Improved Property" means any property located within the Tovmship
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.
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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.
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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.
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G. "Owner" means any Person vested with ownership, legal or equitable,
sole or partial, of any Improved Property.
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H. "Person" means any individual, partnership, company, association,
society, corporation or other group or entity.
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1. "pH" means the logarithm of the reciprocal ofthe concentration of
hydrogen ions, expressed in grams per liter of solution. indicating the degree of acidity or
alkalinity of a substance.
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J. "Sanitary Sewage" means nOl1l1al water-carried household and toilet
w'astes from any Improved Property.
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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 ifon 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.
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L. "Sewer" means any pipe or conduit constituting a part ofthe Sewer
System used Dr usable for sewage collection purposes.
M. "Sewer System" means all facilities, as of any particular time. for
collecting, transporting, pumping. treating and/or disposing of Sanitary Sewage andor
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 ofthe Township more particularly defined in the Preamble to this Resolution.
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 ClHRGES
Sewer rates and other charges are imposed upon and shall be collected from the Owner of
each Improved Property whicb shall be connected with the Sewer System, for use of the Sewer System,
whether such use shal1 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 tl1e following schedule of rates and classifications:
A.
Domestic Establishments
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Each Domestic Establislunent - $696.00 per annum payable at the rate of $58.00 per
monthly billing period.
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Each Domestic Establishment in a double house, in a row of connecting houses, in an
apartment building or in any other multiple dwel1ing shall be billed as a separate entity. If two (2) or
more families nse 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,
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B. Non.Domestic Establishments (Commercial, Industrial, Professional Offices,
Retail Stores, Churcbes, Grange Halls, Service Stations, Garages, Automotive Repair Shops, Barber
Shops, Beauty Shops, etc.)
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1. Each Owner of an Improved Property on which there is a Non. Domestic
Establishment which shall be connected to the Sewer System shall pav 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 applicabk
Equivalent Dwelling Units, as set forth in the following schedule:
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User Classification
(I ) Retai I Store
(Each 10.000 hours worked
by per owner and employees)
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(2) Business or Professional office:
(a) 5 employees or less
(b) each employee in addition to 5
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(3) Industry (employee/sanitary wastewater only)
each 10,000 hours (or fraction thereof) worked
per year per owner and employees
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3
(4) Hotel or motel (in addition to
restaurant facilities):
(a) without kitchen facilities each rental room
(b) with kitchen facilities each rental room
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(5) Restaurant, club or tavern or other establishment
dispensing food or beverages
per 12 seats or fraction thereof
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(6) Church:
(a) without kitchen facilities
(a) with kitchen facilities
(rectory treated as separate Domestic Establislunent)
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(7) Retail Garage! Vehicle Repair garage:
(a) Two bays or less
(b) Each additional bay
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(8) Gasoline service station:
(a) without public restrooms
(b) with public restrooms (per restroom)
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(9) Laundromat:
(a) per each washing machine (single load)
(b) per each washing machine (double load or greater)
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(10) Car washing establishment:
(a) hand wash, per bay
(b) automatic, each unit
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(I ] ) Barber or Beauty Shop, each
two chairs or fraction thereof
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Equivalent
Dwelling Unit(s)
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(12) Bowling Alley without Tavem or Restaurant:
(a) First 5 lanes or fraction thereof
(b) Each lane in addition to 5
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(13) Theaters:
(a) Drive-in per each 30 car spaces or fraction thereof
(b) In-door theater per 60 seats or fraction thereof
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( 14) Hospital or Nursing Home per bed
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(15) Medical Offices (includes physicians,
dentists, chiropractors, optometrists)
per doctor
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(16) Boarding School (each 3 students or
fraction thereof)
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(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 theteof)
(c) with cafeteria (each 15 students and
employees or fraction thereof)
(d) with shower and cafeteria (each 12 students and
employees or fraction thereof)
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(18) Government service buildings (e.g. post office,
fire stations, municipal office) each restroom
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(19) Campground:
(a) each 3 sewered sites
(b) each 6 unsewered sites
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(20) Convenience Stores:
(a) without public restroom, plus
(b) each public restroom
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(21) Small business not otherwise listed; e.g. small
business attached to single family residence
with separate entrance
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For unmetered Non-Domestic Establishments not classified above, the EDU value shall be
established based upon the estimate by thc consulting engineers of the Authority after consultation with
the Person or Persons responsible for the Non-Domestic Establishment and review of pertinent
information.
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2. Notwithstanding the EDU values set fOlth 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
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wherever the volume of water or wastewater flow shall be metered by the Authority or othernise,
as follows:
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Flo,\' measurement
(:) Up to 200 gallons per day
t:ser Classification
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(2) Each additional 200 gallons per day
or fraction thereof
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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.
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4. Sewer rates and other charges for commercial, industTial 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.
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5. Ifthe Owner of any Non-Domestic Establishment shall fail to provide the
Authority with complete information reqnired 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 infonnation is
filed: Provided, however, that no rebates will be paid by the Authority if the information filed
reveals a lower indicated sewer rate and other charge than that estimated by the Authority.
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C. If two (2) or more Domestic Establishments and/or Non-Domestic
Establislm1ents 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 cOlll1ection to a Sewer.
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D. Additional classifications and sewer rates or other charges or modifications ofthe
above schedule of sewer rates or other charges may be established by the Authmity from time to time as
deemed necessary. Nothing contained herein shan be construed as prohibiting special agreements
between the Authority and establishmcnts cOlll1ected to the Sewer System under conditions and
circumstances making special agreements advisable and necessary.
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SECTION 3
TIME AJ-ID METHOD OF PAYMENT
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A. All bilis for sewer rates and other cbarges sball be rendered on tbe 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 of the immediately preceding calendar month. Owners of Improved
Properties connected to the Sewer System during any month shall pay a pro rat.a sewer rate and oth er
charges for service for the balance of the month.
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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 computedil]
accordance with this Resolution shall constitute the net bill. tf 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 sllch
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.
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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 comet
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 whie]] the
net bill shall Je payable.
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SECTION 4
LIENS FOR SEWER RA TES AND OTHER CHARGES
FILING AND COLLECTION OF LIENS
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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.
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SECTION 5
PROHIBITED WASTES
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A. No Person shall discharge or callse 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.
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B. The Authority reserves the right to refuse pemlission 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 Establislmlent, in order to prevent discharges deemed harmful orto have a
deleterious effect upon any Sewer or the Sewer System.
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C. No Sanitary Sewage or Indue~"ial Wastes which exhibit one or more of the
following characteristics shall be discharged to the Sewer System:
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(1) havirg a temperature higher than] 20'[.
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(2)
and greases.
containing more than 100 parts per million (pJlm) by weight offals, oils
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(3) containing any gasoline, benzine, naphtha, fuel oil or other inflammable
or explosive liquids, solids, or gases.
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(4) containing any garbage that has not been ground by household type or
other suiUlble 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 prop~r 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,
conunission or department of the Commonwealth of Pennsylvania.
(9) conUlining toUll solids of such character and quantity that special and
unusual attention or expense is required for their handling.
(10) otherwise prohibited by the Authority or the Township by subsequently
adopted or enacted resolution or ordinance, as applicable.
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D. Vv'here necessary all Owners shall install suitable pretreatment facilities in order
to comply with subsection C of this Section 5.
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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
construction 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 ohtained from any
governmental regulatory body having jurisdiction.
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\Vhenever 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.
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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.
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SECTION 8
PA YMENT 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, b}
resolution of the Authority, to accept payment thereof. The Treasurer or such other duly authorized
oft,cer 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. Uotil 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.
SECTION 9
ADOPTION OF ADDlTIONAL 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 ofthe Sewer
System, which rules and regulations shall be, shall become and shall be construed as part of this
Resolution.
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SECTION 10
EFFECTIVE DATE
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This Resolution shall become effective immediately.
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SECTION 11
CONSTRUCTION AND SEVERABll.ITY
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In the event any provision, section, sentence, clause or part oflhis Resolution shall be
held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence,
clause or part of this Resolution, it being the intent of the Authority that such remainder shall be and shall
remain in full force and effect.
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SECTION 12
REPEALER
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All other resolutions or parts of resolutions inconsistent herewith expressly are repealed.
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WEST PENNSBORO TOWNSHIP
2150 New\llle Road. Carlisle. PA ]7013-7746 . Phone, (717) 243-8220 . Fax: (7171243-1592
June 14.2005
cg(Ql~lP'
Cert # 3291 2561
Dennis Deitch
136 Greason Road
Carlisle, PA 17013
RE: 136 Greason Road
Dear Mr. Deitch,
Ordinance 2002-02 of West Pennsboro Township, Section 2A, requires
connection to the sewer system within sixty (60) days from the date of this notice.
Failure to do so can result in fines, 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 Township Board of Supervisors
West Pennsboro Township Municipal Authority
Don LeFever, Township Solicitor, Salzmann Hughes
file
EXHIBIT "D"
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Postmark
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o Return Reclspt Fee
(Endorsement Requited)
o Restricted Delivery Fee
" (Endorsement Required)
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" Total Postage & Fees $ 4. t.f,;l
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o.POBoxNo. 13(,:. \.7ce(&SQ!1.. J'io.~...____________.__m
Ci6i-siai..-z;,;;.4----m--m ;:~-i;-" pI. - I 7 0 i3
Certified Fee
Complete items 1, 2, and 3. Also complete
nem 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:
x
. RJ'?"iVE,d by (fJI?lei' !Iani>)
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D. is delivery address different from item 1?
If YES, enter deli....ery address below:
DeYW)IS
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Carlisle
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3. Service Type
)l CertIfied Mall 0 Express Mail
D Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4 Restricted Deli....ery? (Extra Fee) 0 Yes
2. Article Number
(rran_ from seovice label)
PS Form 3811 , February 2004
7003 1010 0001 3291 2561
Domestic Return Receipt
1 02595-02-M~ 1540
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SALZMANN HUGHES, P .C.
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Y
.
Attorneys & Counselors at Law
G. BRYAN SALZMANN, ESQ.
JAMES D. HUGHES, ESQ.
ADAM R. SCHELLHASE, EsQ,
DONALD E. LEFEVER, ESQ.
ANN F DEPAUUS, ESQ,
PATR!CIA R. BROWN, ESQ.
NORMA J. BARTKO, ESQ!
WILLIAM W. THOMPSON, EsQ..
MELISSA K. DIVELY, ESQ.
E. R.\LPH GODFREY, ESQ
REBECCA R. HUGHES, EsQ.
SUSANN B. MORRISON, EsQ.
LAURA REBECCA ABLES, ESQ-
DoNNA L. GODFREY, ESQ.
DA VlD H. MARTINEAU, ESQ.
"Also Admitted to Maryland Bar
** Also Admitted 10 Georgia Bar
95 Alexander Spring Road, Suite 3 . Carlisle, P A 17013 . (717) 2{9-6333 . Fax: (717) 249.7334
455 Phoenix Drive' Suite A' Chambersburg, PA 17201 . (717) 263-2121' Fax: (717) 263-0663
105 North Front Street. su<te401 . Harrisburg, PA 1.7101 . (717) 232-9420' Fax: (717) 232.1970
10 West Pomfretstreet. Carlisle, PA 17013 . (717) 2{9-3024 . Fax: (717) 243-0946
Paralega!s
PA},lELA R. BOLLINGER
KAM S. CORNMAN
JACQUELINE L. DRAWBAUGH
STEPHANIE A. B1NGAMAN
SHEILA M. VORES
Please reply to:
Alexander Spring Road Office
September 8, 2005
Dennis G. & Sharon L. Deitch
136 Greason Road
Carlisle, P A 17013
Re: Notice of Violation - West Pennsboro Township Mandatory
Sewer Connection Ordinance
Dear Mr. & Mrs. Deitch:
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 hac
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 YOt
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;
costs. Your obligation for payment of the monthly service fee also commences from the date of initial availabi
of the system for connection by you.
EXHIBIT "E"
Dennis G. & Sharon L. Deitch
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.
0fi)
Donald E. LeFever, Esq.
DEL/rlw
. - :~~t
Complete items 1, 2, and 3. Also complete
item 4 jf Restricted Delive!')' 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:
Dyes
D No
ti i'\\'\,(:' ~.. WVlY\. L. t uk h
13t tlr-l.illi't\. {(oJ
CiL(/t~ k fA-' 101?;,
3. SelV!ge Type
~ertlfled Mail 0 Express Mail
o Registered (J Return Receipt for Merchandise
a Insured Mail [J C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number
(Transfer from service IabGO
PS Form 3811, August 2001
7001 1140 0003 2514 3064
Domestic Return Receipt
102595-02-M-1540
Wesl Pennsboro TWP
Customer Transaction Summary
Customer Information
ACCT. NO: 023
DEITCH DENNIS
136 GREASON ROAD
CARLISLE. PA 17013.
Location Information
SERVICE 10 : 023
136 GREASON ROAD
CARLISLE, PA 17013-
Date
02/27/2005
02/28/2005
04/0 1/2005
05/01/2005
0610 I 12005
06/28/2005
07/01/2005
07/28/2005
08/01/2005
08/0412005
08/23/2005
08/23/2005
09/01/2005
09/27/2005
10/0 1/2005
10/2712005
10/31/2005
10/31/2005
Type
Adjustment
F Charge
Charge
Charge
Charge
Penalty
Charge
Penalty
Charge
Payment
Payment
Payment
Charge
Penalty
Charge
Penalty
Charge
Interest
Transaction
Reading lJsage Prior Balance Amount Balance
0.00 174.00 174.00
174.00 58.00 232.00
2.\2.00 58.00 290.00
290.00 58.00 348.00
348.00 58.00 406.00
406.00 20.30 426.30
426.30 58.00 484.30
484.30 23.20 507.50
507.50 58.00 565.50
565.50 -406.00 159.50
159.50 -101.50 58.00
58.00 -58.00 0.00
0.00 58.00 58.00
58.00 2.90 60.90
60.90 58.00 118.90
118.90 5.80 124.70
124.70 58.00 182.70
182.70 \.04 \83.74
Read Date
Tappage Fee
$1,500.00
Inspection Fee
$ 125.00
TOTAL AMOUNT DUE:
$1.808.74
EXHIBIT "F"
1\/171200510:30:33
F = First Bill L = Final Bin
U = Unposted Transaction
Page
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SALZMANN HUGHES, P.c.
BY: Donald E. LeFever" Esquire
Attorney I.D. No. 06902
354 Alexander Spring Roadt
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. 05-5994
DENNIS G. DEITCH
and SHARON L. DEITCH
Defendants
CIVIL ACTION- LAW AND EQUITY
TO: Dennis G. Deitch and Sharon L. Deitch
DATE OF NOTICE: January 5,2006
IMPORTANT NOTICE
YOU ARE IN DEFUALT 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, P A 17013
TdophOO,:: (717) 249-3~ ,
Donald E. LeFever, Esquire
354 Alexander Spring Road, Suite 1
Carlisle, PA 17013
Telephone (717) 249-6333
Attorney for Plaintiff
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SHERIFF'S RETURN - REGULAR
.
CASE NO: 2005-05994 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEST PENNSBORO TOWNSHIP ET AL
VS
DEITCH DENNIS G ET AL
KENNETH GOSSERT
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EQUITY
was served upon
DEITCH DENNIS G
the
DEFENDANT
, at 1508:00 HOURS, on the 1st day of December, 2005
at 136 GREASON ROAD
CARLISLE, PA 17013
by handing to
SHARON DEITCH, WIFE
a true and attested copy of COMPLAINT - EQUITY
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
So Answers:
18.00
4.80
.37
10.00
.00
33.17
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,.
-.....,..
R. Thomas Kline
12/05/2005
SALZMANN HUGHES PC
A.D.
Sworn and Subscribed to before By:
me this / I.H~
day of
.
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05994 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEST PENNSBORO TOWNSHIP ET AL
VS
DEITCH DENNIS G ET AL
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County, pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EQUITY
was served upon
DEITCH SHARON L
the
DEFENDANT
at 1508:00 HOURS, on the 1st day of December, 2005
at 136 GREASON ROAD
CARLISLE, PA 17013
by handing to
SHARON DEITCH
a true and attested copy of COMPLAINT - EQUITY
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
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R. Thomas Kline
12/05/2005
SALZMANN HUGHES PC
A.D.
'Y'~y
Sworn and Subscribed to before
me this ii, ~~
day of
APR 0 5 2006
WEST PENNSBORO TOWNSHIP
and WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
DENNIS G. DEITCH and
SHARON L. DEITCH, husband and wife
Defendants
: CIVIL ACTION - LAW AND EQUITY
: NO. 05-5994 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:
ctP_____
Donald E.LeFever, Esquire
Attorney ID#: 06902
354 Alexander Spring Road, Ste I
Carlisle, Pennsylvania 17013
(717) 249-6333
Attorney for Plaintiff
Date: April 3, 2006
,
APR 0 5 2qn'~
CERTIFICATE OF SERVICE
AND NOW, this 3RD Day of April, 2006, I, Donald L. 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:
Dennis G. Deitch
Sharon L. Deitch
136 Greason Road
Carlisle, P A 17013
SALZMANN HUGHES, P.C.
By:
urV
Donald E.LeFever, Esquire
Attorney ID#: 06902
354 Alexander Spring Road, Ste I
Carlisle, Pennsylvania 17013
(717) 249-6333
Attorney for Plaintiff
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WEST PENNSBORO TOWNSHIP
And WEST PENNSBORO TOWNSHIP
MUNICIP AL AUTHORITY
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: CNIL ACTION - LAW AND EQUITY
DENNIS G. DEITCH and
SHARON L. DEITCH, husband and wife
Defendants
: NO. 05-5994 CIVIL TERM
PRAECIPE TO
ENTER APPEARANCE
TO THE PROTHONOTARY:
Dear Prothonotary:
action.
Please enter our appearance on behalf of the Plaintiff in the above-captioned
,P.C.
By:
Paul L. igler, Esquire
Attorney ID # 09603
300 Bridge Street, Second Floor
P.O. Box B
New Cumberland, P A 17070
(717) 920-8420
Attorney for Plaintiff
Date: April ]4,2006
CERTIFICATE OF SERVICE
AND NOW, this 14th Day of April, 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 follow:
Dennis G. Deitch
Sharon L. Deitch
136 Greason Road
Carlisle, PA 17013
By:
Paul L. eigler, Esquire
Attorney ID # 09603
300 Bridge Street, Second Floor
P.O. Box B
New Cumberland, P A 17070
(717) 920-8420
Attorney for Plaintiff
Date: April 14, 2006
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WEST PENNSBORO TOWNSHIP
And WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: CNIL ACTION - LAW AND EQUITY
: NO. 05-5994 CIVIL TERM
DENNIS G. DEITCH and
SHARON L. DEITCH, husband and wife
Defendants
PRAECIPE TO
SATISFY AND DISCONTINUE
TO THE PROTHONOTARY:
Dear Prothonotary:
Please mark the above-styled action satisfied and discontinued.
By:
Paul L. er, Esquire
Attorney ID # 09603
300 Bridge Street, Second Floor
P.O. Box B
New Cumberland, PAl 7070
(717) 920-8420
Attorney for Plaintiff
Date: July 19, 2006
CERTIFICATE OF SERVICE
AND NOW, this 19th Day of July, 2006, I, Paul 1. 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 follow:
Dennis G. Deitch
Sharon 1. Deitch
136 Greason Road
Carlisle, PA l7013
PAUL L. ZEIGLER, P.C.
By:
Paul . Zei , Esquire
Attorne # 09603
300 Bridge Street, Second Floor
P.O. Box B
New Cumberland, PAl 7070
(7l7) 920-8420
Attorney for Plaintiff
Date: July 19, 2006
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