HomeMy WebLinkAbout06-0413
SALZMANN HUGHES, P.C.
BY: Donald E. LeFever" Esquire
Attorney l.O. No. 06902
354 Alexander Spring Road Suite t
Carlisle, PA 17013
717 249-6333
Attorney for Plaintiff
WEST PENNSBORO TOWNSHIP
and WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
IN THE COURT OF CO MON PLEAS OF
CUMBERLAND COUNT , PENNSYLVANIA
Plaintiff
v.
NO. 0 G . '-1'3 Q.v,o;), ~~
CHRISTOPHER FINKENBINDER
Defendants
CIVIL ACTION - LAW ND EQUITY
To: Christopher Finkenbinder
You have been sued in court. If you wish to defend against the claims set forth in he following
pages, you must take action within twenty (20) days after the Complaint and notice are serv d, by entering
a written appearance personally or by attorney and filing in writing with the court your defe ses or
objections to the claims set forth against you. Yon are warned that if you fail to do so the c se may proceed
without you and a judgment may be entered against you. You are warned that if you fail to 0 so the case
may proceed without you and a judgment may be entered against you by the Court without rther notice
for any money claimed in the Complaint or for any other relief requested by the Plaintiff ou may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF OU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE
CAN PROVIDE YOU WITH JNFORMA TION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO
PROVIDE YOU WITH JNFORMA nON ABOUT AGENCIES THAT MAY OFFER LE AL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY A VENUE
CARLISLE. PA 17013
(717) 249-3166
Effective September 1, 2003 Complaint
WEST PENNSBORO TOWNSHIP
and WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. O~. '-il?! W I
CHRISTOPHER FINKENBINDER
Defendant
CIVIL ACTION - LAW A
COMPLAINT
AND NOW, comes WEST PENNSBORO TOWNSHIP and WEST PENNS ORO TOWNSHIP
MUNICIPAL AUTHORITY, through their counsel, Donald E. LeFever, Esquire oft e law firm of
Salzmann, Hughes, P.C. and respectfully represents as follows:
1. Plaintiff, West Pennsboro Township ("Township"), is a municipal corpo tion located in
Cumberland County, Pennsylvania with an address of2150 Newville Road, Carlisle, Pennsylvania 17013.
2. Plaintiff, West Pennsboro Township Municipal Authority ("Authority"), s a municipal
authority of the Commonwealth of Pennsylvania located in Cumberland County, Pe nsylvania with an
address of2150 Newville Road, Carlisle, Pennsylvania 17013.
3. Defendant Christopher Finkenbinder (hereinafter "Defendant") is the ower of a property in
West Pennsboro Township, at 11 Pine Lane, Plainfield, PA 17081, with a mailing a dress of P.O. Box
183, Plainfield, PA 17081.
4. On June 4, 2002, the Township Board of Supervisors enacted a mandato sewer connection
ordinance, Ordinance No. 2002-2. (A true and correct copy of which is attached her to 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 pat! hereof as Exhibit
B).
6. The monthly user rate of$58.50 was approved by the Authority on Feb ary 14, 2003 pursuant
to a Rate Study prepared by the Authority's Engineer, CET Engineering Services. ( true and correct
copy of the minutes of the February 14, 2003 meeting are attached along with a cop of the rate study
and resolution, hereto and made a part hereof as Exhibit C).
7. On or about June 14,2005, the Township sent a Notice to Connect to Pu lic Sewer by certified
mail to Defendant instructing him to make connection within sixty (60) days ofthe ate of said letter or
August 13,2005. (A true and correct copy of which is attached hereto and made a p rt hereof as Exhibit
D).
8. On or about September 15, 2005, Defendant received by certified mail a otice of Violation of
the West Pennsboro Township sewer connection Ordinance from the Township's So icitor, Donald E.
LeFever, instructing him to connect within ten (10) days of receipt of correspondenc . (A true and correct
copy of which is attached hereto and made a part hereof as Exhibit F).
9. The aforesaid letter from the Township's Solicitor, Donald E. LeFever, a vised him that if
connection was not made, West Pennsboro Township Municipal Authority had auth rization to enter his
property to make the connection.
10. The sewer connection and inspection fees are set forth in Exhibit B.
11. Defendant has received monthly invoices for sewer charges, interest and nance charges. (A
true and correct copy of which is attached hereto and made a part hereof as Exhibit ).
12. The balance due and owing on the account of Defendant as reflected in E hibits Band G is the
sum of$I,168.61.
13. Although demand has been made, Defendant has failed to make the necessary sewer
connection and payment ofthe amount due and owing to the West Pennsboro Town$hip Municipal
Authority.
WHEREFORE, Plaintiffs demand:
a.) Defendant to make connection with the West Pennsboro Township Wast water Treatment
System;
b.) Judgment against Defendant in the amounts owing; and
c.) Plaintiffs be awarded taxable costs and interest on the judgment, plus co rt 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. 06902
Counsel for Plaintiffs
354 Alexander Spring Road, Suite 1
Carlisle, PA 17013
(717) 249-6333
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VERIFICATION
I verify that all the statements made in the foregoing Complaint are true and ~orrect to the best of
my knowledge, information and belief, based on information from the Plaintiffs, an that any false
statements made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to U lswom falsification
to authorities.
By:
Wet Pennsboro
unicipal Authority
VERIFICATION
I verify that all the statements made in the foregoing Complaint are true and ~orrect to the best of
my knowledge, information and belief, based on information from the Plaintiffs, an that any false
statements made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to u sworn falsification
to authorities.
As: To""",? I...
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WEST PENNSBORO TOWNSHIP
ORDINANCE NO. 2002-2
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AN ORDINANCE REQUIRING ALL O\VNERS OF I:\IPROVED
LOCATED WITHIN WEST PENNSBORO TOWNSHIP, CU, BERLAND
COUNTY, PENNSYLVANIA AND ACCESSIBLE TO AND WHOSE P NCIPAL
BUILDING IS WITHIN 150 FEET FROM THE SEWER SYSTE 1 TO BE
ACQUIRED AND CONSTRUCTED BY WEST PENNSBORO TO' SHIP AND
THE WEST PENNSBORO TOWNSHIP MUNICIPAL AUTHO TY, TO
CONNECT THEREWITH UPON NOTICE BY THE. T WNSHIP;
AUTHORIZING THE TOWNSHIP TO MAKE CONNECTIONS AT HE COST
AND EXPENSE OF ANY OW'NER OF AN IMPROVED PROPE TY WHO
FAILS TO MAKE SUCH CONNECTION; ADOPTING CERTAIN R LES AND
REGULATIONS AND PROVIDING FOR ADOPTION OF ADDITION L RULES
AND REGULATIONS; PROHIBITING THE CONNECTION 0 PRIVY,
VAULTS, CESSPOOLS, SINKHOLES, SEPTIC TANKS, HOLDING TANKS
AND SIMILAR RECEPTACLES TO ANY SEWER; PROHIBI ING THE
MAINTENANCE OF CERTAIN RECEPTACLES AND QUIRING
ABANDONMENT THEREOF WHERE A SEWER IS AVAILABLE; SETTING
FORTH RELATED MATTERS; AND PRESCRIBING PENAL IES FOR
VIOLATION.
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EXHIBIT "A"
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The Board of Supervisors of the Township of West Pennsboro, umberland
County, Pennsylvania, enacts and ordains as follows:
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Section I
Definitions and interpretations.
Unless the context specifically and clearly indicates otherwise, the meaning of terms used
herein shall be as follows:
AUTHORlTY - The West Pennsboro Township Municipal Authority
BUILDING SEWER - The extensions from the sewage drainage s, stem of any
structure to the lateral of a sewer.
IMPROVED PROPERTY - Any property located within the To 'nship upon
which there is erected a structure intended for continuous or period'c habitation,
occupancy or use by human beings or animals and from which stru ture sanitary
sewage and/or industrial wastes shall be or may be discharged.
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INDUSTRIAL ESTABLISHMENT - Any improved property 10 ated in this
township used wholly or in part for the manufacturing, processi g, cleaning, .
laundering or assembly of any product, commodity or article, r any other
improved property located in this township from which wastes, in ddition to or
other than sanitary sewage, are discharged.
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INDUSTRlAL WASTES - Any and all wastes dischargcd from an industrial
establishmcnt, other than sanitary sewagc.
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LATERAL - That part of the sewcr system extending from a sewcr to the
curbline Dr, if no such lateral shall be provided, then "latcra]" sh Jl mean that
portion of, or place in, a sewer which is provided for cOlmection 0 any building
sewer.
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O,^-'NER - Any person vested with ownership, legal or equitable, ole or partial,
of any improved property.
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PERSON - Any individual, partnership, company, associa ion, society,
corporation or other group or entity.
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SANITARY SEW AGE - Normal water-carried household and toil t wastes from
any improved property.
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SEWER - Any pipe or conduit constituting a part of the sewer s stem used or
usable for sewage collection purposes.
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SEWER SYSTEM - All facilities, as of any particular time, fl) collecting,
pumping, treating or disposing of sanitary sewage and/or industria! \ 'astes. to be
owned by the Authority and to be leased to the Township, for operatio and Use,
TOVvNSHIP - The Township of West Pennsboro, Cumberla d County,
Pennsylvania, acting by and through its Board of Supervisors or, in appropriate
cases, by and through its authorized representatives.
Section 2
Use of public sewers required,
A.
Responsibility for connection; time limit. The owner of a
property located in this Township adjoining or adjacent t
System shall connect such improvcd Property to the Sewe
such manncr as the Tov.nship may require, within60 days a
such o\vner from the Township to make such connection, fo
of discharge of all sanitary sewage and industrial waste
improved property, subject to such limitations and restrictio
established herein otherwise by the Township, from time to ti e.
y improved
the Sewer
System, in
er notice to
the purpose
from such
as shall be
Connection to sewer. All sanitary sewage and industrial wa es from any
improved property, after connection of such improved pro erty with a
sewer shall be required under Subsection A shall be cond cted into a
sewer, subject to such limitations and restrictions as shall b established
herein or otherwise by the T O\VTIship, from time to time,
B.
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c.
Prohibited means of disposal and discharge of sewage.
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No person shall place or deposit or permit to e placed or
deposited upon public or private property within the ownship any
sanitary or industrial wastes in violation of Section 2A above.
No person shall discharge or permit to be discharged t any natural
outlet within the Township any sanitary sewage r industrial
wastes in violation of Section 2A above, except w lere suitable
treatment has been provided which is satisfactory to th TO\VTIship.
No privy vault, cesspool, sinkhole, septic tank, hol ing tank, or
similar receptacle shall be used and maintained at a y time upon
any improved property which has been connected t a sewer or
which shall be required under Section 2A above to be connected to
sewer.
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D.
Prohibited connections; abandonment of sewage receptacles.
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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 abandqmed and, at
the discretion of the Township, shall be cleansed and !filled under
the direction and supervision of the Township: and any such privy,
vault, cesspool, sinkhole, septic tank, holding tank or simibr
receptacle not so abandoned and, if required by th Township
cleansed and tilled, shall constitute a nuisance and s ch nuisance
may be abated as provided by law, at the expense of t e owner of
such improved property_
COlmection of sewage receptacles to sewer prohibited, No privy vault,
cesspool, sinkhole, septic tank, holding tank or similar rece tacle at any
time shall be connected with a sewer.
Notification of connection and service. The notice by the 'ownship to
make a connection to a sewer, referred to in Section 2A bove, shall
consist of a vVTitten or printed document requiring such c nnection in
accordance with the provisions of this Ordinance and specify ng that such
connection shall be made 60 days from the date such notice is given. Such
notice may be gi ven at any time after a sewer is in place whic can receive
and convey sanitary sewage and industrial wastes for tr atment and
disposal from the particular improved property. Such no ice shall be
served upon the owner either by personal service or by regis ered mail or
by such other method as at the time may be provided by taw,
Building Sewers and Connections.
A
Pennit required to COlmec!. No person shall uncover, conne t 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 secu ing a permit,
in vvTiting, from the Tovmship,
B.
Application for permit. Application for a pem1it required nder Section
3A shall be made by the owner of the improved property to be served or
his duly authorized agent.
c.
Prerequisites to connections_ No person shall make or cause to be made a
connection of any improved property vvith a sewer until suc person shall
have fulfilled each of the following conditions:
(1)
Such person shall ha"<- notitied 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 per it as required
by Section 3A.
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(3)
Such person shall have given the Secretary of the 'ownship at
least 24 hours' notice of the time when such conne tion will be
made so that the Township may supervise and inspect the work of
connection and necessary testing.
(4)
Such person shall have furnished satisfactory evi ence to the
Secretary of the T oWl1ship that any tapping fee -harged and
imposed by the Authority against the owner of su h improved
property who connects such improved property to a se ver has bem
paid,
One property per connection; exception. Except as otherwis provided in
this section. each improved property shall be connected sep ately with a
sewer through a building sewer. . Grouping of more than 0 e improved
property on one building sewer shall not be permitted, xcept under
special circumstances and for good sanitary reasons or othe good cause
shown, and then only after special permission ofthc Townshi , 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 expenscs of construction f a building
sewer and all costs and expenses of connection of a buildil g sewer to a
sewer shall be borne by the owner of the 'improved pr perty to be
connected; and such OWllcr shall indcmnifY and save armless this
Township and the Authority from all loss or damage hat may be
occasioned, directly or indirectly, as a result of construction of a building
sewer or of connection of a building sewer to a sewer.
F.
Connection point; invert.
(I)
A building sewer shall be connected to a sewer at the place
designated by the T ovmship or the Authority and wh're the lateral
is provided.
(2)
The invert of a building sewer at the point of connect on shall be at
the same or a higher elevation than the invert of tl e sewer. A
smooth, neat joint shall be made and the connectio of a building
sewer to the lateral shall be made secure and watertig t.
G.
Township may make connection. If the o",uer of any imp oved property
located in the Township and accessible to and whose princi al building is
within 150 feet trom the sewer system, after 60 days' n tice from this
TO"'l1ship, in accordance with Section 2A, shall fail to connect such
improved property, as required, the Township may make slch connection
and may collect from such O"'ller the costs and expenses th reor. In such
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Section 4.
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case. the Township shall forthwith, upon completion of the \\iork, send an
itemized bill of the cost of the constructiDn of such conmjction to the
owner of the improved property to which cOl1J1cction has be' n so made,
which bill shall be payable forthwith. In case of neglect or r fusal by the
owner of such improved property to pay said bill. the Townsh'p shall file a
municipal lien for said construction within six months of th date of the
completion of the construction of said cOl1J1ection. the same 0 be subject
in all respects to the general law providing for the tiling an recovery 0 f
municipal liens.
Rules and Regulations governmg building sewers and co ections to
sewers,
A.
House sewer attachment to sewer. Where an improved pr perty, at the
time cOl1J1ectionto a sewer is required, shall be served by its own sewage
disposal system or device, the existing house sewer line shall e broken on
the structure side of such sewage disposal system or device and
attachment shall be made, with proper finings, to continu such house
sewer line as a building sewer.
Inspection, No building sewer shall be covered until it has b en inspected
and approved by the T ovmship. If any part of a building sew r is covered
before so being inspected and approved, it shall be u covered for
inspection at the cost and expense of the o\\oner of the impr ved property
to be cOl1J1ected to a sewer.
Maintenance. Every building sewer of any improved prop rty shall be
maintained in a sanitary and safe operating condition by the 0 mer of such
improved property.
Excavations. Every excavation for a build;.'g sewer shal be guarded
adequately with barricades and lights to protect all persons rom damage
and injury. Streets, sidewalks and other public property dis urbed in the
course of installation of a building sewer shall be restored, a the cost and
expense of the owner of the improved property being co ected, in a
manner satisfactory to the Township.
Unsatisfactory conditions; notice to remedy. If the mmler of y improved
property located in the Township shall fail or refuse, upo receipt of a
notice of the Township, in writing, to remedy any unsatisfact ry condition
with respect to a building sewer and lateral, within to days of receipt of
such notice, the Township, in addition to other remedies se forth in this
section, may refuse to permit such person to discharge sanit _ sewage an
industrial waste into the sewer system until such unsatisfact ry conditions
shall have been remedied to the satisfaction of the Township, In situations
where the owner of an improved property has failed t remedy an
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unsatisfactory condition after receiving 60 days' notice as prov1ided herein,
the Township or its agents may enter upon such property an~ modify the
building sewer and lateral in order to remedy the unsatisfacto y condition.
In such cases, the Township shall forthwith, upon completion fthe work,
send an itemized bill of the costs of the work perfoJm d on sucb
modification to the owner of the improved property to which epair to the
building sewer and lateral has been made, which bill shall be payable
forthwith, In case of neglect or refusal of the ovmer of su h improved
property to pay said bill. the Township shall file a municipal lien for said
construction within six months of the date of comple ion of the
construction of said modification, the same to be subject in a I respects to
the general law providing for the filing and recovery of mu icipal liens.
Furthermore, in such cases where the owner of the improved roperty has
failed to remedy the unsatisfactory condition within said 60 days notice,
such failure shall be deemed to be a violation of this Or inance and
subject the owner of the improved property to the enforceme t provisions
set forth below.
Additional rules and regulations, The Township reservcs the right to
adopt, from time to time, additional rules and regulations as 't shall deem
necessary and proper relating to connections with a sewer d 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 cormections..
(1) Maintenance of an efficient sewer system by ens ring proper
connection to and use of the ~ewer system to elimin te or reduce
discharge of surface water or of any substance other han sanitary
sewage and industrial wastes as authorized in the Ordi ance.
(2)
Prevention of conditions in sewer system which are azardous to
the public health, welfare and safety.
(3)
Conduct of routine periodic inspections of buildings nd premises
connected to sewer system to ensure compliance wit ordinances,
resolutions and regulations, which inspections are dee ed 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. lore frequent
inspections may be held when conditions exist which are a reasonable
indication that violations of the sewer ordinances, res lutions and
regulations exist.
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Section 5
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Authority of inspectors, Authorized of1icials, agents and employees of the
TO\vnship, including members, agents and employees M the West
Pennsboro TO\\nship Municipal Authority under operating ag' eement with
the Township, shall have authority to conduct inspectio s, including
routine periodic inspections, of premises by consent of 0\\ ers or in the
absence thereof by obtaining a search warrant; and said of cials, agents
and employees, upon information of conditions within sewer system from
which an inference can be drav.,n that violations of cond tions within
sewer system from which an inference can be drawn that violations of
sewer ordinances, resolutions and regulations have been co mitted or ca
reasonably be construed to have been committed shall have the authority
to inspect premises by consent of owners or, in the absenc thereof, by
obtaining a search warrant.
Enforcement; violations and penalties.
A.
Any person who shall violate this Ordinance shall be s bject to an
enforcement action brought before a District Justice in the ame manner
provided for the enforcement of summary offenses under the ennsylvania
Rules of Criminal Procedure and shall be subject to a fine ot to exceed
one thousand ($1,000.00) dollars pcr violation and be impr soned to the
extent allowed by law for the punislunent of summary offe ses together
with costs and the reasonable fces of the municipal solici or who may
assume charge of the prosecution. Each day a violation s all continue
shall be deemed and shall be taken to be a separate 0 ffense and shall be
punishable as such.
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Enacted and ordained this 4th day of June, 2002 by the Board of Supervi ors of West
Pennsboro Township.
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Chairman
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CERTIFICATE
I, the undersigned, Secretary of the Township of West Pelillsboro,
Cumberland County, Pennsylvania (the "Township"), certi that the
foregoing is a true and correct copy of an Ordinance of th Board of
Supervisors of the Township which was duly enacted by affirm tive vote of
a majority of the members of the Board ~f Supervisors of tIle T wnship at a
meeting duly held on ,t.LVyl{ 'f , :?'x/~; that said Ordinance h s been duly
recorded in the Ordinan~e Book of the Township; that said Or inance was
duly published on ){,.I.L'1 ~::, , 1 oC l.- ; as required by 'law in a n wspaper of
general circulation in the TO\\l1Smp; and that said Ordinance remains in
effect, unaltered and unamended, as of the date of this Certificate.
I further certify that the meeting at which the Board of Sl ervisors of
the Township adopted said Ordinance was a public meeting du y held after
giving public notice of the date, time and place of such meeting by posting,
publishing and mailing such notice at the time and in the manner required by
Act No, 84 of the General Assembly of the Commonwealth of P nnsylvania,
approved July 3, 1986.
Secretary
IN 'WITNESS 'WHEREOF, 1 set my hand and affix the 0
the Township, this day of
(SEAL)
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SE\VER SYSTEJ\1
RATES, RULES & REGULAT:ONS
of the
WEST PENNSBORO TOWN$HIP
MUNICIPAL AUTHORITrv
2150 Ne"TvilIe Road
Carlisle, Cumberland COUI] ty
Pennsylvania
March 2004
EXHIBIT "B"
WEST PENNSBORO TOWNSHIP MUNICIPAL AlITHORlT'Y
SEWER SYSTEM
Rl:LES, RATES AND REGULATIONS
T ABLE OF CO:\'TEI\TS
ARTICLE I. DEFINITIONS................................................................. ..............1
Section J.l
Section 1.2
Definitions
Abbreviations
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ARTICLE II. SEWER CONNECTION PERMITS.................................. ............... 9
Section 2.1
Section 2.2
Permit Required f~r Connection
Application for Permit
9
9
ARTICLE III. 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 Connections
Building Sewers and Service Laterals
Correction of Defects in Building Sewers
Maintenance of Building Sewers and Service Laterals
Grinder Pump Requirements
Grease Interceptor and Oj1~'ater Separator Requirements
Change in Ownership or Tenancy
10
10
10
11
1]
11
12
12
13
ARTICLE IV. EXTENSIONS AND ADDITIONS TO SEWER SYSTEfv ................ 14
Section 4, 1
Extensions Made By Builder. Developer and Other Person
14
Section 5,1
Section 5,2
Section 5.3
Section 5.4
Section 5,5
Section 5.6
Section 5,7
Section 5.8
Section 5.9
Section 5. ] 0
GENERAL SEVVER USE REQUIREMENTS .................... ................ 16
16
J6
] 8
18
] 8
18
18
19
19
20
General Prohibited Discharge Standards
Specific Prohibited Discharge Standards
Federal Categorical Pretreatment Standards
Specific Pollutant Limitations
Right 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.]
Waste Survey
21
'YEST J>ENNSBOHO TOWNSHIP M'CNIClPAL AUTHORITY
CUMBERLAND COUNTY, PENNSYLVAl\'IA
SEWER SYSTEM
RULES, R<\ TES AND REGULA nONS
AHTIen I. DlFI;';ITIONS
Section 1.1
Definitions
1. Act. The Federal Water Pollution Control Act, also known as the Clean Water ct, as amended
(33 USe. 91251 et seq),
2. Authority. West Pennsboro Township Municipal Autltority, Cumberland Count~, 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, lIle authoriz d representative
shall be:
A. The president, vice-president, secretary. or treasurer of the corporatio in charge of a
principal business function, or any person who perfonns similar po icy or decision-
making functions for the corporation; or
B. The manager of one or more manufacturing, production, or operating fa ilities employing
more than 250 persons or having gross annual sales or expenditure exceeding $25
million (in second-quarter 1980 dollars), if authority to sign documents as been assigned
or delegated to the manager in accordance with corporate procedures.
If the User is a partnership or a sole proprietorship, an authorized representat ve shall mean a
general partner or proprietor, respectively. If the User is a Federal, State or 10 al governmental
facility, the authorized representative shall mean a ranking elected official, or p incipal executive
official having responsibility for the overall operation and performance of th activities of the
principal geographic unit of the government agency. The individuals desc 'bed above may
designate another authorized representative if:
C. The authorization is made in writing by the individual described above;
D. The authorization specifies either the individual or a position responsi Ie for the overall
operation of the facility from which the indirect discharge originates r having overall
responsibility for environmental matters for the company; and
E. The written authorization is submitted to the Authority,
4. Biochemical On2en Demand (BOfn. The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure, five (5) days t twenty degrees
Centigrade (200C), expressed in terms of weight and concentration, milligrams p r Liter (mg/L).
16. Fats, Oils, and Greases (FOg) - Organic polar compounds derived from animal aneUor plant
sources that contain multiple carbon chain triglycelide molecules, such as rendered animal f3t,
vegetable shortening and other such oily materia] used for the purposes of and resulting from
cooking andior preparing food. and is distinct from petroleum or mineral oils,
1/. Federal Categorical Pretreatment Standard Or Categoncal Standard, Any reg 13tion containing
pollutant dtscharge limits promulgated by EPA in accordance with Section 307 b) and (c) of the
Act (33 USe. /;'13]7), which applies to a specific category oflnduslnal Usas nd which appear
in 40 CFR Chapter 1. Subchapter N, 5' ~405-4 71,
] 8. Food Senice Establishment - Any food service facility that prepares or ackages food or
beverages for sale or consumption, onsite or offsite, with the exception of privat restdences, Food
service establishments shall include, but are not limited to: food courts, food m nufacturers, food
packagers, restaurants, grocery slores, bakeries, lounges, hospitals, hotels, nursing homes,
churches and schools.
19, Grab Sample, A sample thai is co]]eeted from a wastestream on a one-time bas's, with no regard
to the flow in the wastestream, and over a period of time not to exceed fifteen (1 ) minutes.
20
Grease Interceptor - A device located underground and outside of a food se
designed to co]]ecl, contain or remove food wastes and grease from the
allowing the wastewater to discharge to the sewer system by gravity,
'ice establishment
'astestream while
21. Grease Trap - A device located inside a food service establishment or under sink designed to
collect, contain or remove food \vastes and grease from the wastestream \\ hi Ie allowing the
wastewater to discharge to the sewer system by gravity,
22. Holding Tank Waste. Any waste from holding tanks, such as vessels, chemic 1 toilets, campers,
trailers, septic tanks and vacuum-pump tank trucks.
23. lmproved PropertY. Any property upon which there is erected a structure inten ed for continuous
or periodic habitation, occupancy or use by human beings and from which lructure domestic
and/or industrial wastewater shall be or may be discharged.
24. Indirect Discharge. The discharge or the introduction of pollutants from any no residential source
regulated under Section 307(b), (c) or (d) of the Act (33 USe. 91317), into th POTW, including
holding tank waste discharged into the Sewer System.
25. Industria] Estahlishment. Any room, group of rooms, building or other enclosu e used or intended
for use, in whole or in part, in the operation of one business enterprise or manufacturing,
fabricating, processing, cleaning. laundering or assembling any product, com odity or articlc, or
from which any industrial wastewater, as distinct from domestic wastewater, sh II be discharged.
26. Industrial User. A source ofIndirect Discharge.
27. Industrial Wastewater. Any liquid, gaseous or waterborne wastewater dischar ed into the Sewer
System from commercial or industrial establishments, as distinct lro01 domes!i wastewater.
28. !nterfcrenc.t', A discharge which, alone or in conjunction with a discharge or di charges from other
3
Options to purchase or contracts, which can be terminated or modifted without ubstantial loss.
and contracts for feaslbility~ engineering and design studies do not constitut a contractual
obligation under this paragraph.
34. "",oncontact Cooling Water. Water used for cooling [ha: does not come into direct c ntact with any
raw material. intennediate product, waste product or finished product.
35, Nonresidential Establtshment, A comnltrctal. inslitutional or industrial establishment.
36. North American Industrv Classification System (NAICS). A classification system pursuant to the
Norlh American Industry Classijicaljon System, United Slates.. 2002 lvfanual, as mended, Office
of Management and Budget.
37. Owner. Any Person vested with ownership. legal or eguitable, sole or partial, 0 any Improved
Property located within the sewer service area.
38. Pass Through, A discharge that exits the POTW into waters of the United States in quantities or
concentrations which, alone or in conjunction Wilh a discharge or discharges fro other sources.
is a cause of a violation of any reguirement of the Authority's NPDES Pc it, including an
increase in the magnitude or duration of a violation.
39. Person. Any individual, partnership, co-pannership, finn, company, corporation, ssociation, joint
stock company, trust, estate, govemmental entity, society or any other legal enti y, or lheir legal
representatives, agents or assigns, The masculine gender shall include the fe ninine, and the
singular shall include the plural where indicated by context.
40.
l21:!. The logarithm (base 10) of the reciprocal of the concentration of hydrogen i
grams per Liter of solution and indicates the degree of acidity or alkalinity of a su
ns expressed in
stance.
41.
Pol1utant, Any dredged spoil, solid waste, incinerator residue, filter bac
wastewater, industrial wastewater, garbage, sewage sludge, munitions, medical
wastes, biological ma[erials, radioactive materials, heat, \vrecked or discharged
sand, cel1ar dirt, industrial, municipal and agricultural wastes, and certain
wastewater (e.g., Biochemical Oxygen Demand (BOD), Chemical Oxygen
Color, Odor, pH, Temperature, Total Suspended Solids (TSS), Toxicity or Turbi
ash, domestic
'astes, chemical
guipment, rock,
haracteristics of
emand (COD),
ity).
42, Pretreatment or Treatment. The reduction of the amount of pol1utants, th elimination of
pollutants, the alteration of the nature of pollutants, or the alteration of the n'ture of pollutant
properties in wastewater prior to. or in lieu of, discharging or otherwise ntroducing such
pollutants into a POTW, This reduction or alteration can be obtained by plty ical, chemical or
hiological processes; by process changes; or by other means, except as prohi ited by 40 CFR
9403.6(d). which prohibits dilution as a substitute for treatment.
43. Pretreatment Requirements. Any substantive or procedural requirement relate to pretreatment,
other than a Pretreatment Standard imposed upon an Industrial User.
44. Pretreatment Standards. Prohibited discharge standards. Federal Categor cal Pretreatment
Standards and local limits,
5
response to a petition recei\'ed from the nonresidential User detemline that sucl~ nonresidenttaJ
User should nol be considered a Significant Industrial User. .
55. SluQ, Any discharge of a non-routine, episodtc nature. or at a flow rate or cone' ntration which
could cause a violation of the General or Specific Prohibited Discharge Standards in Sections 5.1
and 5.2 of these Rates. Rules and Regulations.
56, State. Commonwealth of Pennsylvania.
57. Storm Water. Any flow occurrmg during or following any fonn of natural p ecipitation and
resulting therefrom.
58, Street. Any street, road, Jane, court, alley or public square.
59, Tapping Fee. A fee, as established and defined by Act 203 of 1990 and amend d by Act 57 of
2003, imposed for the privilege of connecting with or utilizing, whether directly r indirectly, the
Sewer System. This fee is payable to the Authority.
60. Total Suspended Solids, The total suspended matter that floats on the surface or is suspended in
water, wastewater or other liquids, and which is removable by laboratory filtering,
61. Toxic Pollutant. One of the pollutants, or a combir.ation of those pollutants, I sted as toxic in
regulations promulgated by EPA under the provision of Section 307(a) (33 U.S. . !i1317) oflhe
Act or other acts'.
62, :User. Any P,erson who contributes, causes or allows the contribution of was ewater into the
POTW.
63. )Vaters of the State. All streams, lakes, ponds, marshes, watercourses, waterway, 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 ontained 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
. DEI' Pennsylvania Department of Environmcnta; Protection
. EPA Environmental Protection Agency
. EDU Equivalent Dwelling Unit
. GPO Gallons Per Day
. L Liter
. LEL Lower Explosive Limit
. mg Milligrams
. mg/L Milligrams Per Liter
7
ARTICLE Il. SEWER CONNECTION PER"lITS
Section 2.1
Permit Required for Connection
No connection shall be made nor construction of the building sewer eonuneneed unle~s and until the
owner of the improved property shall have made applicatton for a sewer connection pe 11It as provided
herein and until a sewer connection pennit is issued by the Authority, A sewer connec ion permit shall
also be required when a new building or facility with an estimated wastewater fio\\' of at) ast one EDU is
connected to an existing building or the internal drainage system of an existing buildin~, Of, an existing
building or facility is expanded in such a way that the increased potential for the generati n of wastewater
equals or exceeds one EDU. No sewer connection pemlit shall be issued unless there is Sl ffieient capacity
in the Sewer System to convey the wastewater to the wastewater treatment plant and sufji ient capaclty in
the wastewater treatment plant exists to treat the wastewater.
Section 2.2
Application for Permit
Application for connection to the Sewer System, as required under Section 2,1 of this Article, shall be
made by the owner of the improved property to be served, or by his duly authorized representative, on a
form provided by the Authority. Connection pennit applications shall be accompani d by plans and
specifications as required under the Authority's Standard COllstrucrion and Material Spe ifications for the
Wastewater Collection System,
Upon receipt of a properly prepared application for connection to the Sewer System, t gether with the
required Connection and Tapping Fees, the Authority may issue a sewer connection pe it to the owner
of the improved property. The sewer connection permit shall describe the property for w ich the pemlit is
issued, and neither the owner nor any subsequent owner or tenant shall allow any oth r property 10 be
attached to or connected with the sewer lines or transferred to another property as aut orized under the
permit.
9
Section 3.4
Building Sewers and Service Laterals
r
A. Building sewers and service laterals shall be constm:ted. installed and connecte~ in accordance
with the Authority's Swndard CO/1SrruClioll and AfaterlOl Specifications for he Wastewater
ColleClion $.vsrcm.
B. A manufactured vented trap will be a required coolponem of the building s wer unless the
property owner chooses to sign a Building Sewer Trap Waiver Form.
C. Building sewers and service laterals shall be constructed and installed at the expense of the
property owner.
D. Service laterals. including any connection fitting such as a saddle, shall remain th property of the
owner. As a condition of the grant of a connection permit, such owner shall agr e to indemnify
and save harmless the Authority from all loss or damage resulting from directly 0 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
banicades and lights to protect all persons from damage and injury. Streets, sid
public property disturbed in the course of installation of building sewers and se
be restored at the cost and expense of the owner of the improved property bein
, manner satisfactory to the Authority.
Section 3.5
Correction of Defects in Building Sewers
dequately with
alks and other
ice laterals shall
connected, in a
Whenever the Authority has reason to believe that any building sewer has become defecti 'e, such building
sewer shall be subject to testing and inspection, Defects fOllTJd upon such testing and i spection, if any,
shall be corrected as required by the Authority, at the cost and expense of the owner f 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 th property owner
except as provided herein.
A. Where owner's efforts to maintain or restore service establishes that there is blockage in or
structural failure of the service lateral, which requires excavation of the servic 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 detemlined by the Authority that a service lateral is in need f repair and/or
modlfication, either to eliminate the entry of ground water or to eliminate an ille al discharge. the
Authority shall notify the owner and specify a period of time within which t e repair must be
made. If the owner does not make the repair or modification within the specifi d period of time,
tbe Authority may complete the work and assess the cost of the work, plu ten percent for
administrative costs. to the owner.
11
\\'ith dishwashers or garbage disposals. The trap:imerceplOr size. type of construction. and the location of
tbe 1I1stallatH>O. shall be approved by the Authority. prior to installation.
Grease traps and grease interceptors shall be inspected, cleaned and repaired regularly, ,'s needed, by the
owner at hts expense. In the maintaining of grease traps and grease interceptors, the owner shall be
responsible for the proper removal and disposal of the captured matenal, and shall I ,aintain records,
which include dates of maintenance, person performing maintenance. estimated volume f FOG removed,
haukr receIpts or manifests, disposal locattons and faclltty manager's verification. he 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 reco ds are subject to
rev;ew by the Authority. Authority personnel may make periodic inspections of the insta led facilities and
associated records to assure proper installation, maintenance and disposal procedures are eing practiced
Oil/water separators shall be installed at existing automotive repair facilities and car wash s if the potential
exists for petroleum oils to be discharged to the sewer system via floor drains. New fac.1ities of this type
are prohibited from installing floor drains that are connected to the sewer system. The type and size of
oil/water separator shall be determined by the owner and approved by the Authority prior to installation,
Oil/water separators shall be inspected, cleaned and repaired regularly, as needed, by the owner at his
expense. The owner shall be responsible for the proper removal and disposal of the captu ed material from
oil/water separators, and shall maintain records of the dates and means of disposal. nch records are
subject to review by the Authority. Authority personnel may make periodic inspectio s of the installed
facilities and associated records to assure proper installation, maintenance and dispos I 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 submi ted for Authority
approval npon any change in ownership of property or any change in tIle type of seTVi e, as indicated on
the apphcation form, The Authority shall have the right, upon five (5) days notice, 0 discontinue the
sewer service until such new application is submitted and approved.
] 3
Highwa)' Road Occupancy Pennits from PennDOT or the appropnate municipality for the
laying of sewer mains in public highways. Developer shall pav all expenses rebttve 10
compliance with stale and local requirements, and shall hold the Authority] hannless from
any costs. including inspection fees, rebtive to state and local requircmend.
6. A final inspection has been performed by the Authority or its representativ . and all sewer
mains and appunenances are found to be operational and in good repair.
7. All streets wilhin whiel] sewer mains and appunenances to be dedicated t the Authority
have been installed, have finished paving and have been dedlcated to the l unicipality,
8. The Authority has voted to accept dedication
9, Sewer service may be permitted before final dedication provided an engin ering statement
of acceptability has been received from the Authority's Engineer.
E. The financial security shall not be released in entirety until the improvements are ompleted to the
satisfaction of the Authority, including all final adjustments to grade, acceptan c of a deed of
dedication by the Authority, and posting of security to guarantee the installed im ovements for a
maintenance period of eighteen (] 8) months commencing from the date of the a ceptanee of the
deed of dedication. The amount of the maintenance guaranty shall be fifteen perc nt (15%) of the
actual cost to install the improvements. The owner or developer shall specify an e timated date for
completion of the improvements. The security posted, less any authorized reducti ns, 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 way bind lhe
Authority to complete these improvements that are typically the responsibility f the owiler or
municipality, such as, but not limited to, installation of sewer laterals or ma ns, or roadway
surfacing above subgrade. "'here improvements are not completed in com liance with the
AUlhority's Standard Construction and Material Specifications for the Waste 'ater Collection
System andJor the development plan, the Authority shall pursue completion of tl e improvements
and enforcement of the financial security.
G. VvlJen a service connection is made to the Sewer System or an extension of a se .er main is to be
made to serve a development, the o",-ner or developer is required to extend the se er mains along
streets and/or easements and through propeny, which is to be served or is sllbjec to the approved
development plan, to the farthest limit or the property from the end of the existin sewer facilities
to be extended.
15
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 i~terfere with the
reclamatton process. In no case shall a substance discharged to the POT\\' cause he POT\\' to be
in noncompliance with sludge use or disposal criteria, guidelines or regulations e\"eloped under
Section 405 of the Act; or any Cliteria. guidelines or regulations affecting sludg use or dIsposal
developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the OXIC Substance
Control Act Or State criteria applicable to the sludge management method being u 'ed.
G. Any substance that will pass through, and as a resull. cause the POTW to vi late its NPDES
Pelmit.
H, Any wastewater with objectionable color not remoyed in the treatment process such as, but not
limited to, dye wastes and vegetable tanning solutions,
1. Any wastewaler having a temperature which will inhibit biologicalactivit_, in the POTW
treatment plant resulting in interference, but in no case wastewater with a te perature at the
introduction into the POTW which exceeds 104 degrees Fahrenheit (J040F or 40 degrees
Centigrade (40oC).
J, Oil and grease, including petroleum oil, nonbiodegradable cutting oil, preduc s of mineral oil
origin, and animal and vegetable oils in amounts greater than I DD mg/L unless the User
demonstrates to the satisfaction of the Authority that the discharge is comp sed primarily of
animal and vegetable oil and would not cause operational or other proble s to the POTW
treatment plant and collection system, In no case shall oil and grease be dischar ed at a level that,
alone or in conjunction with discharges from other sources, will cause in( rference or pass
through,
K. Hauled Waste of industrial origin is prohibited. Hauled Waste of domestic origin is prohibited.
L. Any pollutants. including oxygen-demanding pollutants (BOD, etc,) released at 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 I' concentration as
may exceed limits established by the Authority in compliance with applicabl State or Federal
regulations.
N. Any wastewater that canses a hazard to humanlifc or creates a public nuisance,
0, Any storm water, surface water, ground water, roof runoff. subsurface draina ,swimming pool
drainage, cooling water, unpolluted industrial or nonresidential process water The discharge of
cooling water from air conditioning units ,"vlth cooling towers or recirculatin systenlS or those
units using flow-through or unrecirculating systems is prohibited.
P. Medical wastes, except as specifically authorized by the Authority ill a Wa tewater Discharge
Permit.
Q- Detergents, surface-active agents or other substances that may CJuse excess ve foaming in the
POTW,
]7
and the prohibitions sel out in Sections 5.1 and 5.2 of this Article. Any faciltties req ,ired to pretreat
wastewater to a level acceptable to the Authority shaJJ be pro\'ided. operated and maintat ed at the User's
expense, Detailed plans showing the pretreatment facllilteS and operating procedures shall be submitted to
the AUlhority for review, and shaJJ be suhject to Authority approval before construction of the facility, The
Authority does not by its approval of any of the designs or instaJJation of the plans and quipment, or of
any other infoll11ation or plans submitted by a User, warrant or aver in any manner that the User's
impkmenultion of such measures will result in compliance with the appltcab e Pretreatment
Rec;u'rements. Notwithstanding any approval of such plans by the Authonty. the Use remains solelv
respl)nsible for compliance with the applicable Pretreatment ReqUIrements and aj] other ederal. 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 subsequen changes in the
pretreatment facilities or method of operation shall be reported to and be accepted by th Authority prior
to the User's initiation of the changes.
The User shall at all times properly operate and maintain all pretreatment facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the User to achieve
compliance with Pretreatment Requirements. This includes adequate laboratory control and appropriate
quality assurance procedures, the operation of back-up or auxiliary facilities, or similar s stems which are
installed by the User only when the operation is necessary to achieve compliance. The intentional
diversion of waste streams from any portion of the User's treatment facility is proh bited, except as
provided by Section 9.3 (Bl ofthese Rates, Rules and Regulations,
Section 5.8
Additional Pretreatmenl Requirements
\Vhcnever deemed necessary, the Authority may require a User to restrict its discharge uring peak flow
periods; to discharge at a consistent flow rate; to discharge certain industrial wastewaters nly into specific
sewers: to relocate and/or consolidate points of discharge; to separate domestic wastewat r from industrial
wastewater; and to perform and maintain such other conditions as may be necessary to rotect the POTW
and to determine the User's compliance with the requirements of these Rates, Rules and egulations.
Section 5.9
Accidental Dischargc/Slug Control Plans
Upon notification from the Authority, a User shall provide protection from accidental a d slug discharges
of prohibited materials or other substances regulated under these Rates. Rules and Regu alions, or Federal
or State regulations, Facilities to prevent accidental or slug discharges of prohibited laterials 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 ro .iew, and shall be
subject to Authority approval before construction of the fucility, A User shall develop nd 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 prov is ions:
A, Description of discharge practices, including non-routine batch discharges.
B. Description of stored chemicals.
c:. Procedures for immediately notifying the POT\\' of any accidental or slug dis harge. as required
by Section 7,6 of these Rates, Rules and Regulations.
19
ARTICLE n. WASTEWATER DISCHARGE PER~llTS
Section 6.1
\Vaste Survey
\l,11eI1 requested by tbe Authority. all nonresidential user, must submit ilifom1ation on
chacacteristics of their was Ie water by completing a Waste Survey within thirty (30) day
The Authority is authorized to prepare a foml for tlm pU'1Jose and may periodically
update tbe survev.
the nature and
of the request.
quire Users to
Section 6.2
\Vastewater Discharge Permit Requirements
A. No Significant Industrial Users (SIU) shall discharge wastewater into the PO W without first
obtaining a Wastewater Discharge Permil from the Authority, except when a Sign ficant Industrial
User has filed a timely permit application pursuant to paragraphs (B) and (C) of lis 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 t continue such
discharges in the future, shall. within ninety (90) days after said date, apply to th AUtllOrity for a
Wastewater Discharge Permit in accordance with Section 6.3 of this Article, and hall not cause or
allow discharges to the POTW to continue after 180 days of the effective dat of these Rates,
Rules and Regulations except in accordance with a Wastewater Discharge Pe it issued by the
Authority,
C. Any Significant Industrial User proposing to begin or reconunence disch rging industrial
wastewater into the POTW must obtain a Wastewater Discharge Permit prior to the beginning or
recommencing of such discharge, An application for lhis Wastewater Discharg Pem1;t shall be
filed at least sixty (60) days prior to the date upon which any discharge is expecte to begin,
D, The Authority may require other nonresidential Users to obtain Wastewater Dis harge Permits as
necessary to carry out the purposes of these Rates, Rules and Regulations, In an case, the owner
or his agent shall complete a permit application furnished by the Authority when equested.
E. Any violation of the terms and conditions of a Wastewater Discharge Pennit s all be deemed a
violation of these Rates, Rules and Regulalions and subjects the User to the sa ctions set out in
Sections 9.1 and 9.2 of these Rates, Rules and Regulations. Obtaining a Wast water Discharge
Permit does not relieve the User of its obligation to comply with all Federa, State and Jocal
Pretreatment Standards or Requirements, Compliance with a Wastewater Disc arge Pennit will
not be a defense for a User's failure (0 comply with applicable fedewl, state or I cal requirements.
Section 6.3
\Vastewa!er Discharge Permit Application
A. Users required to obtain a Wastewater Discharge Permit shall complete nd file with the
Authority, an application in the fonn prescribed by the Authority. and ac ompanied by the
required pern1it fee. In support of the application, the User shall submit i units and terms
appropriate far evaluation. information including, but not limited to, the fo]]ov/ng: name, address
2]
Discharge Permits may include such conditions as are reasonably deemed necessary by the Authoritv to
prevent pass through Or interference. protect the quality of the water body receiving the treatment plant's
emuent, protect worker health and safety, facilitate sludge management and disposaL prcjtect ambient air
quality and protect against damage to the POTW. Wastewater Discharge Permits J1(1ay contain the
follo\\'ing conditions:
A. A statement that indtcates the Wastewater Discharge Permit duration, which i no event shall
exceed five (5) years.
B. A statement that the Wastewater Discharge Permit is nontransferable withom pri r notification to
and approval from the Authority, and provisions for furnishing the new owner 0 operator wIth a
copy of the existing Wastewater Discharge Permit.
C. EffJLlent limits based on applicable Pretreatment Standards,
D. Self-monitoring, sampling, reporting. notification and recordkeeping requireme ts, including an
identification of pollutants to be monitored, sample Jocation, sample fi"equency nd sample type
based on Federal, State and local law.
E. Statement of applicable civil and criminal penalties for violation of Pretreatme t Standards and
Requirements. any applicable compliance schedule and any other requirement et forth in these
Rates, Rules and Regulations. Such schedlJle may not extend the time for compli nee beyond that
required by applicable Federal, State and local law,
F. Limits on average and/or maximum rate and time of discharge and/or requi ments for flow
regulalions and equalization.
G. Limits on the average and/or maximum wastewater constituent concentration, mass or other
measure of identified wastewater pollutants or properties, and limits on the loca ion of discharge
points,
H. Requirements for the installation of pretreatment technology, pollution control r construction of
appropriate containment devices, designed to reduce, eliminate or prevent th introduction of
pollutants into the treatment works.
1. Development and implementation of spill control plans or other special con itions including
management practices necessary to adequately prevent accidental, unanticipat d or non-routine
discharges.
1. Development and implementation of waste minimization plans to reduce the am unt 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 faciltties, and other equipment; and notificatio to the Authority
regarding the failure of such facilities and equipment.
L. Requirements for maintaining and affording Authority representatives, incl ding contractors,
access to a User's propeny and plant records relating to discharges.
1\1. Requirements for notification of any new introduction of wastewater co stituents or any
23
6, Misrepresentations or failure to fully dtsclose all relnant facts in tIle Wastewater
Discharge Pen11it application or in any required reporting,
"7. Revision of or a grant of variance from Categoncal Standards pursu nt to 40 CFR
~403,13
8. To correct typogmphical or other errors in tbe Wastewater DIscharge Perm L
9, To reflect a transfer ofthe facility ownersbtp and/or operation to a new ow er!operator,
10. Any cause identified in paragraph (E)(1) of this section
D, Petmit Transfer: Wastewater Discharge Perrmts are issued to a specific Use for a specific
operation, A Wastewater Discharge Permit shall not be reassigned or transferred r sold to a new
owner, Dew User, different premises or a new or changed operation without at east thirty (30)
days advance notice to the Authority and Authority approval of the Wastewater ischarge Permit
transfer. The notice to the Authority must include a written certification by the ne owner and/or
operator, which provides the name and address of the facility including the n me of the new
owner and/or operator, states that the new owner and/vr operator have no i] ediate intent to
change the facility's operations and processes, identifies the specific date on whi h the transfer is
to occur and acknowledges full responsibility for complying with the exist ng Wastewater
Discharge Pem1;!. In addition, any proposed transfer shall include a written agr ement between
the existing User and the new Uscr regarding a proposed date for transfer ofperm.t responsibility,
coverage and liability between them. Failure to provide advance notice of a tra sfer renders the
Wastewater Discharge Permit void on the date of facility transfeI'. The Authoril) may modify or
temlinate a transferred permit as set forth in paragraphs (C) and (E) ofthis section
E. Permit Termination: The Authority may revoke Or terminate a Wastewater Disc arge Permit for
cause, including, but not limited to, thc following reasons:
1. Failure to notify the Authority of significant changes In the operatio or wastewater
volume, constiments and characteristics prior to discharge,
2. Failure to provide prior notification to the Authority of changed condi ions pursuant to
Section 7.5 of these Rates, Rules and Regulations.
3. Misrepresentation or failure to fully disclose all relevant facts In the \Vastewater
Discharge Permit application or repons,
4. Falsifying monitoring reports.
5. Tampering with monitoring equipmem.
G. Refusing to allow the Authority or its representative timely access to th facility premises
and records.
7. Failure to meet effluent limitations.
8. Failure to timely pay fines.
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ARTICLE Vll. II\DUSTRIAL 1\lO'\ITOIU:\G A'\D REl'OHTI'\G REQUlH.E'\lEl\TS
Section 7.1
Baseline Monitoring Reporl (B'\IR)
Within either] 80 dol}'S after the effective date of a Federal C"tegorical Pretreatment Stan ard. Or the final
administrative decision on a categor}' detennination under 40 CFR ~403.6(a)(4L wh chewr is later.
existing Categorical Significant Industrial users subject to such Categorical Standard. and currently
discharging to or scheduled to discharge to the POTW, shall submit to the Auth Iity a Baseline
Monitoring Report (BMR). which contains the information listed in 40 CFR S403.! (b) and in this
section, At least ninety (90i days prior to commencement of L1eir discharge, new sources, and sOurces that
become CategoIical Slus subsequent to the promulgation Qf an "pphcable CategoIica Standard, shall
submit to the Authority a BMR which contains the infoffi1ation listed in 40 CFR S403. 2(b) and in this
section. A new source shall report the method of pretreatment it intends to use to meet applicable
Categorical Standards, and shall also provide estimates of its anticipated Dow and quantit of pollutants to
be discharged. Categorical Slu s shall submit the following inionnation for a BMR:
A. The name and address of the facility, including the name of the operator and own r,
B, A list of any environmental control permits held by or for the facility.
C. A brief description ofthe nature, average rate of production, and standard indust al classifications
of the operation(s) carried out by the Categorical SIU, This description should in lude a schematic
process diagram, which indicates points of discharge to the POTW from the regu ated processes.
D. Information showing the measured average daily and maximum daily Dow, in g llons per day, to
the POTW from regulated process wastestreams and other wastestreams. as ne essary, to allow
use ofthe combined wastestream for111ula, as established in 40 CFR ~403.6(e).
E. The Federal Categorical Pretreatment Standards applicable to each regulated process and the
results of sampling and analysis identifying the nature and concentration, an 'or mass, wbere
required by the Categorical Standard or by the Authority, of regulated pollutant in the discharge
from each regulated process. Instantaneous, daiJy maximum and 10 g-tetID average
concentrations, or mass, where required, shall be reported, At least one $limp]e representative of
daily operations shaJ1 be provided with the BMR and shall be analyzed in accordance with
procedures fonnd in Section 7,8(B) of these Rates, Rules and Regulations. amp ling shall be
performed in accordance with procedures found in Section 7.8(A) of these ates, Rules and
Regulations. The BMR shall indicate the time, dale and place of sampling, and methods of
analysis, and shall cenify that such sampling and analysis is representative of u rmal work cycles
and expected pollutant discharges to the POTW.
F. For existing sources, a certification statement, reviewed by the User's "uthori .ed representative
and cenJ1ied by a qualified professional, indicating whether Pretreatment Stand' rds 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 Requ rements.
G. For existing sources, if additional pretreatment and/or O&M wiIJ be req ired to meet the
Pretreatment Standards and Requirements, the shonest schedule by which the User will provide
such additional pretreatment and/or O&M. The completion dalE in this scheduJ' shall not be later
than the compliance date estahlished for the applicarle Pretreatment Standard r Requirement. A
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required more Jrequently in the Pretreatment Standard or by the Authority, indica ing the nature
and concentration of pollutants in the discharge whtch are limited by such Pretreatn em Standards.
Both dail,' maximum and average concentrations shall be reported. In addition. t le report shaJJ
include a record of the measured or estimated average and maximum daily fiows f r the reponing
period. At the dtscretion of the Authority and in consideration of such JaClarS as local high and
law fiow rates, holidays, budget cycles. etc.. the Autbority may agree to alter the months during
which the above reports are to be submitted. All periodic compliance reports shal be signed and
certified in accordance with Section 6.4 of these Rates, Rules and Regubtions.
B. The Authority may impose mass limitations on Users where the imposition of ma s limitations is
deemed appropriate, In such cases, the report required by paragraph (A) of th s section shall
indicate the mass of pollutants regulated by Pretrearment Standards in the effiu t of the User.
These reports shall contain the results of sampling and analysis of the discharg , including the
llow and the nature and concentration, or production and mass, where requested b 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 Sta ldard or by the
Authority,
C. Categorical Industrial Users subject to equivalent mass or concentration limits es ablished by the
Authority, in accordance with 40 CFR g403.6(c), shall include in the periodic co pliance report a
reasonable measure of the User's long-term production rate, Categoricallndustri 1 Users subject
10 Federal Categorical Pretreatment Standards, which are expressed only in te s of allowable
pollutant discharge per unit of production (or other measure of operation), shal include in the
periodic compliance report the User's actual average production rate for the report ng period.
Section 7.5
Report of Changed ,Conditions
A, Each User shall notifY the AuthOlity of any planned, significant changes to the Us r's operation or
system, which might alter the nature, quality or volume of its wastewater at least thirty (30) days
before the change occurs, This notification requirement includes anticipated hanges in User
production, which can reasonably be expected to impact the POTW.
B
The Authority may require the User to submit such information as may be dee
evaluate the changed condition, including the submission of a Wastewater
application under Section 6.3 of these Rates, Rules and Regulations,
cd necessary to
ischarge Permit
C. The Autbority may issue a Wastewater Discharge Permit under Section 6,5 of t eSt Rates, Rules
and Regulations or modify an existing Wastewater Discharge Pennit under S ction 67(C) of
these Rates, Rules and Regulations in response to changed conditions or ant cipated changed
conditions,
D. No User shall implement the planned changed condition(s) until and unless t e Authority has
responded to the User's notice. The Authority may rcqltirc the User to undertak a compatibility
stltdy to demonstrate to the satisfaction of the Authority that tbe wastewater to be discharged is
compatible with the POTW. will not affect any requirements imposed up n the Autbority
(including sludge disposal requirements), and will not otherwise adversely ffect the POTW
treatment plant.
E. For purposes of tbis requirement, significant changes include, but are not limited to, flow
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notification requirement does not apply to pollttt3nts already reported by Users sJbject to Federal
Categorical Pretreatment Standards under tbe monitormg requirements of Secti~ns 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 ring a calendar
month in which they discharge no more than fifteen (15) kilograms of hazardous 'aSle, unless the
wastes are acule hazardous wastes as specified 111 40 eFR SS261.30(d) and 261. 3(e). Discharge
of more than fifteen ( I )) ktlograms of nonacute hazardous wa,tes in a calendar omh, or of any
quantity of acute hazardous wastes as specified in 40 eFR SS26] ,30(d) and 261 .33(e). requires a
one-time notification. Subsequent months, during which the User dtscharges more than such
quantities of any hazardous waste, do not require additional notification,
C. In the case of any new regulations under Section 300 I of RCRA identifying additional
characteristics of hazardous waste or listing any additional substance as a ha rdous waste, the
User shall notify the Authority, the EPA Regional Waste M3nagement Waste ivision Director,
and DEP Waste Management authorities of the discharge of such substance w.thin ninety (90)
days of the effective date of such regulations,
D. ]n the case of any notification made under this section, the User shall certify tha it has a program
in place to reduce the volume and toxicity of hazardous wastes generated to he degree it has
determined to be economically practical.
E. This provision does not create a right to discharge any substance not otherwis permitted to be
disch3rged by these Rates, Rules and Regulations, a Wastewater Dischar e Permit issued
hereunder or any applicable Federal Or S13te law,
Scction 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. rab samples may
also be used for any pollutant suhject to an instantaneous maximum lim tat;on. All other
wastewater compliance monitoring samples shall be collected using flow propo loned composite
collection techniques, In the event flow proportioned sampling is not feasible, t e Authority may
authorize the use oHime proportional sampling or grab samples where the User demonstrates that
the grab samples will provide a representative sample of the effluent being d scharged. If grab
samples are used for BMR reporting under Section 7, I of these Rates, Rules nd Regulations, a
minimum of four (4) grab samples musl be used.
B, Analytical Requirements: All pollutant analyses, including sampling technique, to be submitted
as a part of a Wastewater Discharge Pennit application Or repot1 shall be perfo ed in accordance
with the techniques prescribed in 40 CFR S 136, as amended, unless otherwi 'e specified in an
appEcable Federal Categorical Pretreatment Standard. If 40 CFR S 136 does no contain sampEng
or analvt;caJ techniques for the pollutant in question, sampling and analyses must be perfonned in
accordance with procedures approved by the Authority and EPA.
C. Representative Sampling: An wastewater samples shall be representative of th User's discharge.
Wastewater momtoring and flow measurement facilities shan be properly opera ed, kept clean and
maintained in good working order al all times. 'Ibe failure of a User to ke p his monitoring
facility in good working order shall not be grounds for the User to claim the sample results are
unreprcsenlatjve of the discharge.
3]
but the Authority may, in its sole discretion, when such a location would be impractical or
cause undue hardship on the User, allow the facility to be constructed in the public street
or sidewalk area and located so as nol to be obstructed by landscaping or ]jarked vehicles.
Any temporary or pennanent obstruction to safe and easy access to th~ facility to be
inspected and'or sampled shall be promptly removed by the User at the" fltten or verbal
request of the Authority and shall not be replaced, The costs of clearing s'leh access sha1l
be borne by the User.
2. A monitoring structure shall be constructed at a site and in a manner as pproved by the
Authority, The Authority may require that the monitoring structure be equipped with
pem1anenHype flow measuring, sampling. monitoring, controlling or ot er devices of a
type approved by the Authority, Plans and specifications for the con truetion of the
monitoring structure and all required devices shall be submitted to and pproved by the
Authority prior to beginning construction.
3. . The User shall, upon notification from the Authority. install, maintain an operate a flow
monitoring system with a totalizer and any necessary appurtenances requ red to make the
system functional. The User shall, upon notification from the Authority, nstall, maintain
and operate automatic sampling equipment.
4. The facility's sampling and monitoring equipment shall be maintained t 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 annuall to ensure their
accuracy. There shall be ample room in or near such sampling manh ]e 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. structu e or property or
any part thereof. and if the Authority has demonstrated probable cause to believ that a violation
of these Rates, Rules and Regulations exists, or that there is a need to inspect nellor sample as
part of a routine inspection and sampling program of OJe Authority designed to v rify compliance
with these Rates, Rules and Regulations or a Wastewat'" Discharge Permit issued hereunder, or to
protect the overall health, safety and welfare of the community, then the Aut ority may seek
issuance of a search warrant from the Court of Common Pleas of Cumberla d County. Such
search warrant shall be served at reasonable hours by the Authority in the co npany of a law
enforcement officer. In the event of an emergency affecting the public he lth and safety,
inspections shall be made without the issuance of a warrant.
Section 7.9
Pu bHc Notification
The Authority may publish on an annual basis, or more frequent basis as it deems appro riate, a list of the
Users which are in Sigmficant Noncompliance (SNC) with applicable Pretreatme t Standards or
Requirements during the previous twelve (J 2) 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 th Authority incur
any liability through publication of incon"ect information where such information was elieved accurate
when published or was the result of administrative or typographical error. The term Significant
Noncompliance is defined as the following:
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infol1nation would divulge infol1nation, processes or methods of production emitled to profection as trade
secrets of the User. Any such request must be assened at the time of submission of the infoimation or data
to the Authomy.
When requested and demonstrated by the User furnishing a report that such informatioJ shall be held
confidential, the portions of a report which might disclose trade secrets Or secret proces es shall not be
made available for inspection by the public, but shall be made available immediately pou request to
governmenta] agencies for uses related to the NPDES Program and in enforcement procee ings involving
the User furnishing the report. Wastewater constituents and characteristics as defined by 0 CFR 92.302
win not be recognized as confidential information and Will be available to the public witho t restriction.
35
Section 8.3
2.
Colkction Part: The Collection Part of the Tapping Fee is based on the to~t ofwastev;ater
collection facilities required to provide service, such as sewer mains andi pump slations.
This fee may include facilities that provide eXlSting service and/or those t~at will prOl'idc
future service. The cost of existing facilities is based on their replaccmenlt cost. The cost
of future facilities shaIl not exceed their reasonable ~slimated cost. '
,.
Special Purpose Part: The Special Purpose Par, of the Tapping Fee is app icable only to a
particular group of customers. serving a paI1icu]ar purpose, or serving a s .ecific area, and
is based on the cost of such facilities, includll1g, but not limited to, l11dus rial wastewater
treatment facilities. This fee may include facilities that provide existinc service andor
those that will provide future serv.ice. The cost of existing facilities is based on tl1eir
replacement cost. The cost of future facilities shall not exceed their reas nable estimated
cost.
4.
Reimbursement Part: The Reimbursement Part of the Tapping Fee is i lposed only in
those cases where it is necessary to recover costs to reimburse proper1y wners at whose
expense such facilities were constructed, as provided by Section (z) of ct 203 of 1990
and amended by Act 57 of2003.
Reserve Capacity Cl1arges
A. The owner of property proposed for future improvement may request a sewer res -vation from the
Authority by submitting a signed Sewer Capacity Reservation Agreement togetl er with a Sewer
. Capacity Reservation application, both on forms provided by the Authori " as found in
Appendices 3 and 4 of these Rates, Rules and Regulations. A sewer reservation lay be made in
the name of the owner of t1le land proposed for improvement, for a bona fi e development
project, and shall not be transferable to any other property.
B. Sewer reservations shall be allO\ved only upon determination by the AuthoJity t at the requested
capacity is available in the Sewer System. Sewer reservations shall not be dee ed to waive or
diminish compliance with any other requirements for approvals or permits no ded for a sewer
system connection or extension as found in Articles III and IV of these ates, Rules and
Regulations.
C. The sewer reservation, togetl1er with the obligation to pay the associated reserve apacity charges,
shall remain in effect until the associated property, which may rnean the entire roperty if only a
single unit is to be connected, or individual units or lots in the case of a multi unit or multi-Jot
development is connected to the Sewer System, or until the developmen for which the
reservation was made is no longer viable.
D. Reserve Capacity Charges shall be paid monthly by the owner of the prope y with reserved
capacity and shall be based on tbe number of ED Us reserved plus a minimum m nthly 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 construcliOlJ has been c mpleted. Billing
shall continue until the service lateral is physically removed.
37
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G. A '.Check Return'. fee shall be assessed in accordance with the Authority Schc1ule olFees and
Charges and added to the account balance for checks returned by the bank to the Authonty for
insufjjcient funds in a customer's account. Subsequent payments on the delinqu nt account shall
be cash. cashier's check or money order.
Section 8.6
Waste Surcharge
A. Initial Survey: The Authority may make an initial survey of the discharge frO! nonresidential
establishments to detennine the applicability of the surcharge. The survey shall c usist of suitable
sampling and analysis of the wastewaters for three (3) consecutive days during a eriod of normal
industrial or commercial operation. Based on the survey results, the Authority ay institute the
surcharge and/or require the owner to provide such tests, equipment and inform tion, which will
provide a further basis for determination ofthe surcharge.
B. Frequency of Surcharge Monitoring: Following the initial survey, the Authorit, shan determine
whether monthly monitoring shall be conducted or whether standard waste stre gths based on a
waste classification system established for similar operations may be impo ed. Site-specific
monitoring shall consist of no less than three (3) samples per quarter, preferabl one (1) sample
per month.
C. Data To Determine Surcharge: The surcharge shall be based on the volume ofw stewater used for
billing purposes, for the appropriate period, and the concentration of surchar cable pollutants
measured in a composite sample taken over the duration ofthe discharge or 24 ours, whichever
is shorter. In lieu of monitoring at certain nonresidential establishments for whi h waste strength
characteristics have been established, the published concentrations may be used 'fagreed 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 limita ion, the costs of
sample collection, flow measurement, laboratory analysis and enginee' ng analysis. In
establishing pollutant concentrations for surcharge purposes, all analytic I 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 ay be capable of
treating industrial wastewater in excess of typical domestic wastewater coneent ations, the actual
treatment of such wastewaters may increase the cost of operating and maintainil g the wastewater
treatment facilities. Therefore, a surcharge shall be imposed on each User disch rging wastewater
in excess ofthe concentrations provided below:
Biochemical Oxygen Demand (BOD)
Ammonia Nitrogen (NH)-N)
Total Phosphorus (Total P)
Total Suspended Solids (TSS)
300 mg;
50 mg
12 mg.'
300 mg.:
The snrcharge shall be calculated according to the following formula:
S = 8.34 x Q Y. {[(BOD-300) x T,oo] + [(NH,-N-50) x T"",] + [(P-12) x T,J + [(TSS-300) x TTcs]
Where:
s
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Surcharge Cost
Constant to converi wastcv,'atcr strength expressed in g/L to pounds
39
ARTICLE IX. E"FORCEMEl'OT
Section 9.1
Administrati\e Remedies
A. Notice of Violation: \Vhen the Authority finds that a User has violated, or continues to violate
these Rates. Rules and Regulations or a Wastewater Discharge Permit issued he eunder, or allY
other Pretreatment Standard or Requirement, the Authority may issue a wri ten Notice of
Violation to tl,e User. Within ten (lO) days of the receipt of the Notice of\iiolatio (or such other
time as provided by the Authority), an explanation of the violation and a plan for the satisfactory
correction and prevention thereof, to include specinc required actions, shalJ be s bmiued by the
User to the Authority. Submission of this plan in no way relieves the User of lability for any
violations occurring before or after receipt of the Notice of Violation. Nothing in t is section shalJ
hmit the authority of the Authority to take any action, including emergency acti ns or any other
enforcement action, without first issuing a Notice of Violation.
B. Ternlination of Water and/or Sewer Service: The Authority may immediately s
discharge, after notice to the User, whenever suell suspensiou is necessary to span actual or
threatened discharge which reasonably appears to present or cause an imminel t or substantial
endangerment to the health or welfare of persons. The Authority may also irnme iately suspend,
after notice and opportunity to respond, a User's discharge that threatens to in erfere with the
operation of the POTW, or which presents, or may present, an endangennent to th environment.
Any User notified of a suspension of its discharge shall immediately stop r eliminate the
discharge to the POTW. In the event of a User's failure to immediately comply oluntarily with
the termination order, the Authority shall take steps, as deemed necessary, incl ding immediate
severance of the sewer connection, to prevent or minimize damage to tIJe POT ',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 t at the period of
endangemlent has passed, unless the tennination proceedings set forth in Sectio 6.7(E) of these
Rates, Rules and Regulations are initiated against the User.
A User that is responsible, in wbole or in part, for any discharge pres nting imminent
endangerment shall submit to the Authority within five (5) days of the date f occurrence, a
detailed written statement describing the causes of the harmful discharge and th measures taken
to prevent any fohne occurrence.
Section 9.2
Judicia) Remedies
A. Injnnctive Relief: \Vhen the Authority finds that a User has violated, or continues to violate these
Rates, Rules and Regulations or a Wastewater Discharge Pennit issued hereun er, 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 th User causes the
POTW to violate any condition of its NPDES permit. or the User has shown a lack of ability or
intention to comply with a Pretreatment Standard, the Authority may petiti n the Court of
Common Pleas for Cumberland County through the Authority Solicitor for t e issuance of a
temporary or permanent injunction, as appropriate, which restrains or comp Is the specific
performance of the Wastewater Discharge PemJit or otlier requirement impose by these Rates,
Rules and Regulations, on the activities of the User.
4]
B. T reotment BYP3sses: For the purposes of this Section. "Bypass" means the intentio 131 dIversion of
wastestreams from anv portion of a User's treatmel11 facility. "Severe property amage'. means
substa11lial physical damage to property, damage to !lIe treatment facilities, which causes them to
be inoperable, or substantIal and pelmanent loss of natural resources. which ca reasonably be
expected to occur in the absence of a bypass. Severe property damage does not lean econom]c
loss caused by delays in production.
A User may allow a bypass to occur "hich does not cause Pretreatmen StJndards or
Requirements to be violated. but only if it is for essential maintenance to nsure efjicient
operation of the treatme11l system. Users anticipating a bypass must submit notice 0 the Authority
at least ten (lO) days in advance, if possible. Users shall provide oral notice t the Authoritv
within 24 hours of discovery of an unanticipated bypass that exceeds applica le Pretreatment
Standards. Users shall submit a written report to the Authority within jive (5) d ys of becoming
aware of the bypass. The written report shall contain a description of the bypass a d its cause; the
duration of the bypass, including exact dates and times, and, if the bypass has no been corrected,
the anticipated time it is expected (0 continue; and steps being taken oc pia ned to reduce,
eliminate and prevent recurrence of the bypass. The Authority may waive the wtlen report on a
case-by-case basis if the oral report has been received within 24 hours.
A bypass of the treatment system is prohibited and the Authority may take en occcment action
against a User for a bypass unless the bypass is unavoidable to prevent loss f life, personal
injury, or severe property damage; there is no feasible alternative to the bypass, i leluding the use
of auxiliary treatment facilities, retention of untreated \vastewater, or maintenan e during normal
periods of equipment downtime; and the User properly notifies the Amhority as escribed in this
secti on.
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:\linutes of Meeting
West Pennsboro Township Municipal Authority
Februan 14,2003
The West Pennsboro TOvVllship Municipal Authority net Friday,
February 14, 2003 at 730 a.m. at the West Pennsboro TOv'vTlshi Mlffiicipal
Building. 2150 Newville Road, Carlisle, Pelmsvlvania The following
.....' - -' "-
members were present: Chainnan Jolm Billman, Dorothy Warn r, William
Piper, and Gary Heishman. Harry V,'heeler was absent.
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Also present were Jodi Reese of eET Engineering, Al
Municipal Authority Representative, Pete Carlucci, Bond C
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 Billman called the meeting to order at 7:30 a.m.
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Deitch Easement
Solicitor Fislunan advised the Authority the easement
Deitch was executed and the legal fees of $362.50 involve
negotiation for the change of the easement was recommended to
the Authority
T umpike Conunission
Solicitor Fislunan advised the Authority that the Tumpik
paying their contribution in monthly increments as billed by the T
them.
EXHIBlT "e"
Hostetter,
uncil, and
or Dennjs
with this
e paid by
would be
\\l1ship to
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\IP\ICIP.-\.L AlTHOHITY
2
FEBHl.-\.HY ]-l, 2003
!\1astcr Enl':ineerin[' Aureement
On a Piper lkishman motion, the Authorit\ unaninnush
recommcnded Sib-'11arure of the Master Engineering Agreement \Iith C.E.T.
Engineenng, which was previously reviewed by the Solicitor
On a Prper'V/amer motion, the Authority unanimollsly reCOlTun nded
appro\.al of the Addendum which, includes an update of the \vork 0 be
prefonned and fmther detailing on the current allocation of the cost. and
hourlv rates
Tappa!!e Fees
Solicitor Fishman advised the Authority of the new tappageee of
5>1,05000 rather than 5>3,00000. The tapping fee is lower due to bid nces
from contractors, lower interest rate for interim financing, lower eas ment
acquisition costs, and constructing only one Biolac unit for this project. This
tappage fee will allow for sufficient capital to cover expenses including
items, \vhich are not eligible for Penn Vest reimbursement
Based upon those projections and the studies, which were done 0 get
the grant monies, the Authority will have the fLmds to pay 100% f the
tapping fee for ] 00% of the hon1eovvners who are classified as low in ome
This means the low incomc residents will not havc to pay a tapping fe , and
that thc default rate which was projected on the initial tapping hould
decrease to 2%. All this 'will be documented in a narrative fonn
Authority member Bill Piper requested that a letter be drafted 0 the
Big Spring School District indicating how many [DU's they wll be
responsible for and when the anticipated date of plant opening
Special Iv1eetinz for Plainfield Residents
Solicitor Fishman advised that a special meeting be schedul d for
February 27, 2003, at 7:00 pm at the Fire Company at which tin e thc
Authorit\ can announce the loan closing and explain the tapping: fee', and
lateral placements Also, the Engineer can announce the anticipated
schedule for the project and open the floor for questiomng:.
Ms Reese advised she has been collecting photos from other sewcr
projects to shO\v the various stages of the construction process, and hould
I be combined into a slide shov.. presentation for the residents
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'\ll':\ICIPAL ACTHORIT\
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FEBRCARI1 14,2003
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The Solicitor advised that a handout would be draned and a'ailable to
the public at it's meeting outlining what residents need to know to apply for
the available grant monies
Resolution #:::003-05 for lncunence of Debt
On a Heishmall/'W'amer motion, the Authority un nimoush
authorized execution of the incun'ence of debt resol LItion
Resolution #2003-06 for Tappa~e Fee
On a' WameriHeishman motion, the Authority un rLimously
authorized execution ofthe tappage fee resolution
Resolution #2003-07 for Sewer Rates
On a Heishman/Warner motion, the Authority un imouslv
authorized execution of the sewer rate resolution
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Conespondence Course
Ms Reese advised the Authoritv of the correspond en e course
schedule for Alan Hostetter
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Reschedule Authoritv Meetllw:s for :::003
Discussion was held on rescheduling the Authority meeting from the
first Wednesday to the third Wednesday. This will allow for a praval of
payments to be made to the contractors in sufficient time. It was noted the
next scheduled meeting of the Authoritv would be March 19. 2 03. The
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new dates for these meetings will be advertised
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Cost Estimate for Borim,s/Rt ::641
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The Authority at a prior meeting authorized Ms. Reese to prepare 2
cost estimate for installation of a lateral boring vs. a mainline boring for tb e
tract of land along Rt #641. owned by the Mayberry's. Bany 'Wampler of
C.LT., obtained costs from the actual bid sheets of the contr ctors and
prepared an estimated cost breakdown.
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'IU\lCIPAL Al"THORlTY
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/vter the Authonty re\"iewed the breakdown, Ms. Reese I !oted the
estimated cost difference between the two bOtin>!s \\"ould be $10.0 0 This
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is an estimate only, time dependent and does not include eni,>1neer ng costs
for re\"ised PaDOT pennits or easement work
The Authority advised the Secretary to draft a letter to I\1r. 'lavbeITY
attaching the cost estimate prepared by CEl.
ADJOl1K\\lEl\'T
On a Wamer:1Ieisbman motion, the meeting was adjoume at 8:45
a.l11. The motion can-ied unanimously and without further COlmnent
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Dora y \Varner
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Harry Wheeler
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SEP-01-2005 12:46 FRCM:CET E~GINEERING
7175418004
West Penn,boro Township Municipal Authority
Waalewater TreBtmenl Facility
Estimated Annual Budget
OperatinG EllDenses
Labor (hall time)
Pert Time Labor
Adminietretlon
Utilities (Electricity)
Malerial & SUDplles
Malerials and Supplies
Office Expense
Postage
Telephone
Outside Service
Laboratory Services
Chemicals (alum)
Sludge Disposal
Engmeenng
Legal
Audit
Other Expenses
Equipment Maintenance
Sewer System Maintenance
Maintenance Reserve Fund
Payroll taxes and insurance
tnsurance
Operator Training
TOTAL ESTIMATED EXPENSE
Operating Expenses Cost ShBring . Annualized
Turnpike Share 15%
Township & School
Turnpike
Total
$
$
$
$
$
$
$
$
$
1,000
700
925
1,000
$
1,500
1,500
16,500
2,500
3,000
3,000
$
2,000
1,000
2.000
3,60a
4.000
500
10:7172431592
Estimated
20,000
8,040
1,500
9,100
3,625
2S,000
13,100
S 83,365
$ 70,850
$ 12,505
$ 83,365
Cost per EDU Township on the basis 01211 EDU't Initially connected 10 WWTP
Esfimarea SOU Breakdown
Township Residential 166
Township Commercialllnstltutional 21
SchOOl 24
Total 211
Tolal Expenses
Operating Expenses
Debt Service
Total
Annua' Co., Per EOU
Resldanlial Delault Rata
eo.., er EDU
Cost per month
7.5%
$
$
$
$
$
$
$
$
$
$
$
$
$ 70,660
$87,342
$138,202
$696 I r
$58
P,2'e
.TllflUIUY 3U. 2003
,;2Dt3- 07
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WEST PENNSBORO TOWNSHIP MVNICIP AL AUTHORITY
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A RESOLFfJO,",
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FIXING AA'D CHARGING SEWER R'\TES AND OTHER CHARGES FOJ USE Of
THE SEWAGE COLLECTION, TRANSPORTATION AND TREATMEl\'T SY TEM TO
BE ACQUIRED, CONSTRUCTED, mVNED AND OPERATED BY THE AI.; RaRITY
AND FOR COLLECTING. TRANSPORTING, TREATL'\G AN'D DISPO ING OF
WASTES DISCHARGED THERETO, UPON o\VNERS OF IMPROVED P OPERTY
CONNECTED TO SUCH SEWAGE COLLECTION SYSTEM; PROVID ~G FOR
COLLECTIONS AND FOR FILING OF LIENS; REGULATL"<G THE DISC GE OF
SANTLt,RY SEWAGE AND I]\.'DUSTRlAL WASTES fr,TO SUCH EWAGE
COLLECTION SYSTEM; ADOPTING CERTAL"< RULES AND REGULATIO IS VvlTH
RESPECT TO CONNECTIONS MADE TO SAID SEWER SYSTEM AND USE OF
SAID SEWER SYSTEM; AND PROVIDING FOR ADOPTION OF AD ITIONAL
RULES AND REGULATIONS.
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WHEREAS, the Authority, with the approval ofthe Township of West elllisboro,
Cumberl;md County, Pennsylvania (the "Township"), has determined to acquire and co struct a saniillry
sewage collection, transportation and treatment system, including all related and necess ry facilities, for
rendering sewage service in and for a portion of the Township known geDerally as the \ illage of
Plainfield, which undertaking is referred to as the "ProJect": and
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WHEREAS, plans and specifications related to the Project have been p epared by
Commonwealth Engineering and Technology, Inc., Harrisburg, Pennsylvania, wl:uch pI ns and
specifications have been approved by the Authority and all other governmental bodies ' vingjurisdiction;
and
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WHEREAS, the aforesaid saniillry sewage collection, transportation an treatment
system contemplated by the Project and to be owned by the Authority, together with a]] appurtenant
facilities and properties which the Authority has acquired or hereafter shall acquire in c nnection
therewith, including a]] property, real, personal and mixed, rights. powers, licenses, eas mems, rights of
way. privileges, franchises and any and all other property or interests in property of wh tsoever nature,
used or useful in connection with such facilitIes, and together WIth all additions, C'[tensi ns, betterments,
alterations and improvements thereto which may be made or acquired, from time to tim, by the
Authority, herein are referred to as the "Sewer System"; and
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Wl-IEREAS, the Authonty, in accordance with power vested 111 it by la ., deSires to fiX
and charge sewer rates and other charges for use of the Sewer System and for ser,"ces r ndered in
connection therewith.
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NOW, THEREFORE. BE IT RESOL VED. by the Board of the Author to'. as folJov,-s:
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SECTION I
DEFINITIONS
Unless the context specifically and clearly indicates otherwise, the mem ing oftem1S and
phrases used in this Resolution shall be as follows:
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A. "Authority" means West Pennsboro Township Munici al Authority. a
Pennsylvania municipality authority, acting by and through its Board or in appropnate
cases, acting by and through its authorized officers or represematives.
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B. "Building Sewer" means the extension from the sew at e drainage
system of any structure to the Service Lateral of a Sewer.
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C. "Domestic Establishmeut" 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 1 ving q umers 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 J>roperty" means any property located wit in the Township
upon which there is erected a structure intended for continuous or perio ic habitation,
occupancy or use by human beings or animals and from which structur SaJJitary Sewage
and/or Industrial Wastes shall be or may be discharged.
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E. "Industrial W....tes" means any solid, liquid or gaseou substance or
form of energy rejected or escaping in the course of any industrial, man facturing, trade
or business process or in the course of the development, recovery or pro essing of natural
resources, as distinct from Sanitary Sewage.
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F. "Non-Domestic Establishment" means any room, gro p ofrooms,
building or other enclosure connected, directly or indirectly, to the Sew r System, which
does not constitute a Domestic Establishment.
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G. "Owuer" means any Person vested with ownership, Ie al 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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I. "pH" means the logarithm of the reciprocal of the cone ntration of
hydrogen ions. expressed in grams per liter of solution, indicating the d gree of acidity or
alkalinity of a substance
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J. "SanitalJ' Sewage" means nOn1JaI water-carried house wId and toilet
wastes from any Improved Property.
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K. "Service Lateral" means that part of the Sewer Syste extending from
a Sewer to the curb line, or if there shall be no curb line. to the property line, or if no such
Senice Lateral shall be provided, then "Service Latera]"' shall mean th t pOJ1ion of or
place in a Sewer which is provided for connection of an) Building Sew r.
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L. "Sewrr" means any pipe or conduit constituting 3 part fthe Sewer
System used or usable for sewage collection purposes.
1\1. "Sewer System" means all facilities, as of any particul' r time, for
collecting, transporting, pumping, treating and:'or disposing of Sanilar~ ewage andl)[
Industrial Wastes, situate in the Township. to be constructed. acquired. wned.
maintained and operated by the Authonty for rendering sewage service n and for thJt
portion of the TO\\1lship more pal1icularly defined in the Preamble to th s Resolution.
N. "Township" means Township of West Pennsboro, Cun berland County.
Pennsylvania, acting by and through its Board of Supervisors or, in app opriate cases, by
and through its authorized officers or representatives.
SECTION 2
SE\VER RATES AND OTHER CHARGES
Sewer rates and other charges are imposed upon and shall be collected 0111 the Owner of
each Improved Property which shall be connected with the Sewer Systern, for use of the Sewer System.
whether such use shall be direct or indirect, which sewer rates and charges shall commel ce and shall be
effective as of tile date of connection of each such Improved Property to the Sewer Syst m, and shal1 be
payable as provided herein, in accordance with the following schedule of rates and class tications:
A. Domestic Establishments
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Each Domestic Establishment - $696.00 per annum payable at the rate f $58.00 per
monthly billing period.
Each Domestic Establislmlent in a double house, in a row of connecting houses, in an
apartment building or in any other multiple dwelling shall be billed as a separate entity. Iftwo (2) or
more families use separate cooking and/or toilet facilities in an Improved Property. the s wer rates and
other charges payable hereunder shall be computed as though each sllch family was a se arate user with a
separate cOlmection to a Se\\!er.
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B. Non-Domestic Establishments (Commercial, Industrial, Profess onal Offices,
Retail Stores, Churches, Grange Halls, Service Stations, Garages, Automotive Repair Slops, Barber
Shops, Beauty Shops, etc.)
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Establishment which shall be connected to the Sewer System shall pay sc".er ra ., 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 billiug period, determined on the basis of applicable
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 emp loyees)
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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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(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 Establishment)
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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 restTOoms
(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) antomatic. each unit
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(1 I) Barber or Beauty Shop. each
two chairs or fraction thereof
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E u valent
))wellinQ Units
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For unmetered Non-Domestic Establishments not classified above, the EDt' va ue shall be
established based upon the estimate by the consulting engineers of the Authority after c nsultation with
the Person or Persons responsible for the Non-Domestic Establishment and review of p rtinent
infonnation.
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(I 2) Bowling Alley wIthout Ta\'em 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 ti-action thereof
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(14) Hospital or Nursing Home per bed
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(15) Medical Offices (includes physicians,
dentists, chiropractors, optometrists)
pcr doctor
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(16) Boarding School (each 3 stndents or
fraction thereof)
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(I 7) Schools/Approved Daycare:
(a) without showers (each 20 students and
employees or fraction thereof)
(b) with showers (each 15 students and
employees or fraction thereof)
(c) with cafeteria (each IS students and
employees or fraction thereof)
(d) with shower and cafeteria (each 12 students and
employees or fraction thereof)
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(IS) 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 pub lic restroom
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(2]) Small business not otherwise listed; e.g. small
business at1ached to single family residence
with separate entrance
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2. Notwithstanding the EDU values set forth in subsection I abov , the Authority
reserves the right, in its sole discretion, to use historical \vater consumption or 'aste\.\'ater flow
data for Non-Domestic Establishments in lieu of the IOU values set forth in th preceding chart
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wherever the volume of water or wastewater flow shall be metered b) the Auth rity or othcc\-Yise.
as follows:
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Flo\\' measurement
(_) Up to 200 gallons per da)
nser Classifi ation
1 EDU
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(2) Each additional 200 gallons per dav
or fraction thereof
1 EDU
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3. The Authority may require, at Authority expense. the installati n of water
meter(s) for Non-Domestic Establishments in order to determine water consum tion. The owner
of a Non-Domestic Establislm1ent may install a water meter to determine water consurnptioll.
4. Sewer rates and other charges for commercial, industrial or ot er business units
payable hereunder on the basis of the number of persons employed shall be con puted on the
avcrage number of employees (including individual owners and employers) for the month
preceding the applicable monthly billing period.
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5. If the Owner of an)" Non-Domestic Establishment shall fail to rovide the
Authority with complete information required to compute the sewer rates and 0 her charges for
such Non-Domestic Establislunent, the Authority may estimate a reasonable ap licable sewer rate
and other charges for such Non-Domestic Establishment and such estimated se er rates and other
charges shall be the actual sewer rate and other charge payable until the require information is
filed: Provided, however, that no rebates will be paid by the Authority if the in . rmation 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-Dome tic
Establishments are connected to the Sewer System through a single lateral, or rftwo (2) or more types of
use are made of the same Improved Property, thc sewer rates and other charges payable hereunder shall
be computed as though each snch Domestic Establishment and/or Non-Domestic Establ'shment and each
such type of use were a separate Improved Property or user with a separate connection 0 a Sewer.
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D. Additional classifications and sewer rates or other charges or odifications of the
above schedule of sewer rates or other charges may be established by the Authority fro! time to time as
deemed necessary_ Nothing contained herein shall be construed as prohibiting special cements
between the Authority and esmblislunents connected to the Sewer System under conditi ns and
circumstances making special agreements advisable and necessary.
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TIME MrD METHOD OF P A YME'\'T
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A. All bills for sewer rates and other charges shall be rendered on he 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. Owner of Improved
Properties connected to the Sewer System during any month shall pay a pro rata sewer ate and other
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 th applicable
billing date as provided for in subsection A of this Section 3, and tbe appropriate amoun computed in
accordance with this Resolution shall constitute the net bilL If sewer rates and other ch rges are not paid
within 30 calendar days after each billing date. an additional sum of 3% per month shall be added to such
net bilL which net bill. plus such additional sum. shall constitute the gross bilL Paymen made OIl or
mailed and postmarked on or before the last day of such 30-day period shaIl constitute ayment within
such period lfthe end of such 30-day period shall fall on a legal holiday or a Sunday. aymeIJt made on
or mailed and postmarked on the next succeeding business day which is not a legal holi ay shall
constitute payment within such period.
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C. Every Owner of all Improved Property which is connected to th Sewer System
initially shall provide the Authority with aIld thereafter shall keep the Authority advised of his correct
address. Failure of any Person to receive bills for sewer rates and other charges shall no be considered an
excuse for nonpayment nor shall such failure result in an extension of the period of time during which the
net bill shall Je payable.
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SECTION 4
LIENS FOR SE\VER RATES AND OTHER CHARGES
FILING AND COLLECTION OF LIENS
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Sewer rates and other charges imposed by this Resolution shall be a lie on the Improved
Property connected to and served by the Sewer System; and any sewer rates and othcr c arges which are
delinquent shall be filed as a lien against the lmproved Property connected to and serve by the Sewer
System, which lien shall be filed and collected in the manner provided by law for the fil"ng and collecting
of municipal claims.
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SECTION 5
PROHIBITED WASTES
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A. No Person shall discharge or cause to be discharged any stornl 'ater, surface
water, spring "'ater, roof runoff, subsurface drainage, building foundation drainage, cell r drainage,
drainage from roof leader connections, uncontaminated cooling \vater or unpolluted pro ess waters into
any Se\ver.
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B. The Authority reserves the right to refuse permission to connec to tbe Sewer
System, to compel discontinuance of use of the Sewer System, or to compel pretreatmcn oflndustriaJ
Wastes by a Non-Residential Establishment, in order to prevent discharges deemed ham ful or to have a
deleterious etlect upon any Sewer or the Sewer System.
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C. No Sanitary Sewage or lnclus~"ial Wastes which exhibit one or lore of the
following characteristics shall be discharged to the Sewer System:
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(1) havipg a temperature higher than 120"[.
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and greases.
containing morc than 100 parts pcr million (ppm) by \\ ight offals. oils
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(3) containing any gasoline. benzine, naphtha. fuel oil or otler inflammable
or explosive liquids, solids, or gases.
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(4) containing any garbage that has not been ground by hou ehold type or
other suitable garbage grinders.
(5) containing any ashes, cinders, sand, mud, straw, shaving', metal, glass,
rags, feathers, tar, plastics, wood, paunch manure or any other solids or "iscous
substances capable of causing obstruction or other interference with pro er operation of
any part of the Sewer System.
(6) having a pH lower than 60 or higher than 9.0. or having any other
corrosiye property capable of causing damage or hazards to structures, e uipment, or
personnel of any part ofthe Sewer System.
(7) containing toxic or poisonous substances in sufficient q antity 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 plan!. Toxic wastes shall include, but not by way f limitation.
wastes containing cyanide, chromium, copper and nickel ions.
(8) containing noxious or malodorous gases or substances c pable of
creating a public nuisance, unless otherwise permitted, authorized or app oved by the
Authority and the Commonwealth of Pennsylvania or any duly constitut d board.
commission or department of the Commonwealth of Pennsylvania.
(9) containing total solids of such character and quantity tha special and
unusual attention or expense is required for their handling.
(10) otherwise prohibited by the Authority or the Township bv subsequently
adopted or enacted resolution or ordinance, as applicable.
D. "''here necessary all Owners shall install suitable pretreatment l' ilities in order
to comply with subsection C of this Section 5.
Plans, specifications and any other pertinent information relating to prop sed facilities for
preliminary treatment and handling of wastes shall be submitted for approval of the Auth rity, and nO
construction of any such facility shall be commenced until approval thereof first shall ha e been obtained,
in writing, from the Authority, and until approval thereof first shall have been obtained fr many
governmental regulatory body havingjurisdiction.
.
.
\\'11enever facilities for preliminary treatment and handling of wastes sha j have been
provided by any Owner, such facilities continuously shall be maintained, at the expense f such Owner, in
satisfactory operating condition; and the Authority shall have access to snch facilities at r asonahle times
for purposes of inspection and testing.
~
~
~
E. Nothing contained in this Section 5 shall be construed as prohibi ing an) special
agreement or arrangement behveen the Authority and any Person whereby Industrial \\'a tes of unusual
strength or character may be admitted into the Sewer System by the Authority, either bd re or after
preliminary treatment.
::
,.
,
:;;
~
~
;;;
-8-
SECTION 8
PAYMENT AND DlSPOSITION OF SEWER RATES
AND OTHER CHARGES
All sewer rates and other charges shall be payable to the Treasurer oftb Authority or to
such other officer or representative of tbe Autbority as shall be authorized. from time to ime. b~
resolution of the Authority, to accept payment thereof. Tbe Treasurer or such otber duly authorized
offIcer or representative of the Authority shall pay over to a depositary designated by tb Authority by
resolution, all sewer rates and other charges received within 7 days of receipt thereof to ether with a
statement showing tbe total amount collected. Until so paid over, the Treasurer or other dulv authorized
officer or representative of the Authority shall segregate all such sewer rates and other c ]arges so
collected in an account separate and distinct from all other funds of the Authority and sh II hold the same
in trust for purposes set forth in aforesaid resolution.
SECTION 9
ADOPTION OF ADDITIONAL RULES AND REGULATIONS
"
~
The Authority reserves the rigbt to adopt, from time to time, such additi nal rules and
regulations as it shall deem necessaI)' and proper in connection with use and operation 0 the Sewer
System, which rules and regulations shall be. shall become and shall be construed as pa of this
Resolution.
.
-
~
-
.
SECTION 10
EFFECTIVE DATE
-
! ~
This Resolution shall become effective immediately.
.
.
SECTION 11
CONSTRUCTION AND SEVERABllJTY
:;;
~
~
~
In the event any provision, section, sentence, clause or part of this Reso ution shall be
held to be invalid, such invalidity shall not affect or impair any rcmaining provision, se tion, 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.
.
;;;
-
SECTION 12
REPEALER
..
.
..
-
All other resolutions or pal1s ofresolutions inconsistent herewith cxpre sly are repealed,
;....
;;.
..
-
;;l
....
:..0
...
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-
..
..
-
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-10-
....
\VEST PENNSBORO TO\VNSHIP
21SCl l\c'\\'\ilh:' R,'ad. C~trh:,k. PA i;Ul_' 77.~t:1 . P;)UIlt" (-1-0) =.-1-_'-b~:?:': . hi\: ,:7171 2..L'-J':;9.?
June ]4_ 2005
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Cen '" 329] 255-1
Chris Finkenbinder
PO Box 183
Plainfield, PA 17081
RE: l] Pine Lane
Dear Mr. Finkenbinder,
Ordinance 2002-02 of West Pennsboro Township, Section 2.A, requir s
connection to the sewer system within six1y (60) days from the dale of this no ice.
Failure to do so call result in fines, costs, and attorney fees.
Sh6uld you have any questions, a copy of the Ordinance can be revieed at the
Township office.
Sincerely,
Board ofSupervi ors
West Pennsboro ovmship
cc: West Pennsboro Township Board of Supervisors
Wesl Penllsboro Township ,Municipal Autlloril:>
Don LeFever, Township Solicitor, Salzmann Hughes
tIle
EXHIBIT "D"
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[j;:_.....l.<L............;..-~-ot.\_ _~~ _"".: \_.~~ _..... "';__<-......._J,.......=..;,.;~~,~,{_
SENDER: COMPLETE THIS SECTION
. Complete items 1. 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of ttle mailpiece,
or on the front if space permits.
1. Article Addressed to:
A. S~na~re
/1 !.
X '^.., ".
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8. Received by.-f Printed Narru:) C. Date of elivery
(ilo ';,J"6rJ/!i"C'''_fhICC
D. Is deliverj address djfferent from item 1? 0 Yes
If YES. enter delivery address below: 0 No
/ ! j"
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3.,...~ice Type
~. Certified Mail
o Registered
D Insured Mail
o Express Mail
o Retum Receipt for Merch ndise
o C.O.D.
4. Res:ricted Delivery? (Extra Fee)
DYes
2. Article Number
(rrans(er from service fabeO
PS Form 3811, February 2004
7003 1010 0001 3291 2554
Domestic Retur:l Receipt
102585-02 M.1540
.,
SALZMA1'.TN HUGHES P.c.
Attomevs &ounselors at Law
G B~.zY ,\i\i SALZ~,l:\:---i[\j, ESl-:::
; '\:..lES D. HCC]--jE5, EQ
:\').\:-'1 R. SC! Il,LLl-[A':;E, E<.}
DON :\LO E. LEH:'/u:. Ese:
\0::"'; F. DEP.\L'LlS. E5Q.
?\-;'?lCL\ R. B"O\.V\i, Ese.
:\OI.'.:.~:\ J B.-\RTKO, Ese:-
'.'V;~"LL-\\ll,V TH(}\I:-'SON, b(J.'
\1C:U53.\ K. DIVEL'(, ESi.:!.
:::, K\L::'![COL'F:':'EY, ES0
?FEECC-\ R. HL"CJ lE5, EsQ.
SliS,\~N B. 1\fl)RF':ISON, ESQ
L\U[-'..A REI3ECCA ABLES, ESQ'*
D()N.\iA.. L GODl:r:.E'Y", EsQ
DAVID H. t\1r\!\TfNE1\U, ESQ
*.-\;:;0 Admittl.'d h) I\Jaryldl1d Rlr
...,\tS0 ,\dmjltc,j (,) Ct'orgiJ. Bolr
95 _..\lexamh::r Spring R(1ad . Suite 3 . C1~lisle, PA 170n . (717) :2.j,(L6Y'\3 . Feu: (717) 2-t9-733-l
-L33 Phl'.cnix Dr:\/\!. Suite A. Chu.mbersburg, f\-\ li:2Ul . \7Fl 2:i3-2121 . Fen: (7"1::-) 263-0h63
103 :\orth Fro:1lStrcct . Suite ..Hn . H.nl"isbLrg, P.-\ lihli . (7l1) :3:2-Q,l:?1) . L1:\: (:-17) 232-1970
10 WL'.:it POl1l1rct5trcct. C1riisk, PA 17013' (.~1;) :-l]-31}]A. [.1:;: ("17) ~n-09-l6
P/"t1SC reply to:
Aic\ander Spring RlXld Office
September 8, 2005
Christopher Finkenbinder
P.O. Box 183
Plainfield, PA 17081
Re: Notice of Violation - West Penl1sboro Township Mandatory
Sewer Connection Ordinance
Dcar Mr. Finkenbinder:
[\inl!c'..;,zb
PA.'.rc:..-\ r..::. fL'i.l;':-':C[!:
K.-\\! S. Ccr-:::\.\:.\'J
]AC(:lTJL\.'E L. DR.-\lVU,\1..;Ci-l
Sr::TiL\0.;;i-~ A 6!:\C.-\~L\j\j
SF lEi!.. \ \1. \-'C),[5
Please be advised that I servc as Solicitor to West Pennsboro Township Board of Supervisors and West
Pennsboro Township Municipal Authority. Recently you were notified by certified mail r 'garding your obligation
to connect to the sewer system in compliance with the Township ordinance. That letter in ormed YOLl that you had
sixty (60) days with which to conncct to the public sewcr, and you wcre provided with ins ructions ofwhat you
must do. Additionally, you were inforrned of the consequences for failure to comply with the notice in a timely
fashion.
The West Pennsboro Township Board of Supervisors correspondence informed yo I of the availability of
the ordinance for your review or questions. The ordinance provides that upon your failul.e to connect as required
within the time period stated, the Township may make the connection with expenses for c nnection billcd to you.
In this case, YOll will not only have to pay potentially higher costs to connect, but the Tow ship will also pursue
fines, costs of prosecution, and legal fees for pursuing the action at cost to you.
Since you have rcfused to comply with the mandatory sewer connection or respon' to any of the notices
sent to you by West Pennsboro Township, you have 10 days frorn the date of this letter to 'onncct to the sewer
system or the Township will have no alternative but to pursue legal action against YOll, inc uding attorney fees and
costs. Your obligation for payment of the monthly service fee also commences from the d te ofiniti al availability
of the system for connection by you.
EXHIBIT "E"
i
"
Christopher Finkenbinder
Page 2
September 8. 2005
Please give this matter your immediate attention. If YOlL have any questions or !lee additional information.
YOllll1::!Y contact the Township Manager, John Epley. I sincerely hope that legal action will not be nC2essary. but
YOll are amon" a very few who have not made the necessary arrangements to connect to th Authorit,.s
~ -' .. ..... .
wastewater system.
Very truly yours,
SALZMA~ HUGHES, P.C.
~-
Donald E. LeFever, Esq.
DELlrlw
.
. Complete items 1, 2, and 3. Also complete
item 4 jf 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 mail piece,
or on the front if space permits.
1. Article Addressed to:
Bffeceiv:c:}y .mtecI.Name) l .
L"hIJ> -., }H?" Pr';
D. Is delivery address different from item 17
If YES, enter delivery address below:
SENDER: COMPLETE THIS SECTION
thv'l~lt'pN;( ~'nl0:"l;,I)'lttU'"
Po bey: I K3
PI {lil\ tlf! [{ I ()~ 170 f:/
3. Serv~ Type
Q-Certified Mail
o Registered
o Insured Mail
o Express Mail
o Return Receipt for Mercha Ise
o C.O.O.
4. Restricted Delivery? (Extra Fee)
DYes
2. Article Number
(Transfer from seNiee label)
PS Form 3811. August 2001
7001 1140 0003 2514 3057
DOr.'lestic Return Receipt
102595.02.M154Q
Jan 17 06 10:08a
Customer Information
ACCT NO 032
I'!'jKEC:BiNf)[R CHRIS
POBOX:S3
PU\I:-:I"IELD P...\. 17081-
D~Hi; Typ~
C6d)1/2005 l~ Charge.
06/01/l005 Adj1JstmCTlL
07/01/2005 Charge
07i2S/2005 I\.:nall)
08/01'2005 Ch;.lrgc
08/29/2005 Penalty
09/01/2005 Charge
09:'27/1005 PenallY
10/0.1/2005 Charge
IOi27i200S Penalty
] 0/3 ]/2U05 Charg<;;
IO/31/'20n5 lnl;,;resl
II/OJ/20115 Adjustment
11/28/2005 Pt:nalty
11/]0/2005 Charge
J 1/30/2005 Int.:resl
12/27/2U05 Penalty
12/3 0/2005 Interest
OliO 1/1006 Charge
01/17/201)6 \0:00::53
WESTPENNSBOROTWP
7172431592
1".2
West Pennsboro TWP
Customer Transaction Summary
Location Information
SERViCe 10 .032
II Pi';E LA\E
PLAI~FiELD PA 17UXI.
Read Oat...:
Transaction
R~<ldi:lg U$Jg~ Prior B::J.IC1nc~ Amount. 8 <:1I;mcc
0.00 58.UO 5X.(JO
5300 46400 522.00
522.00 cs.OO 580.00
580.00 29011 609.00
609.00 58.00 66700
66700 J I .90 698.90
69390 58.0il 756,91)
756.90 :14.80 791 70
791.70 5800 ~49. 70
849.70 37.70 887.40
887.HI 88.07 976.07
976.07 7.37 9H3A4
'JRH.J .)0.67 952 77
95277 MHO 99)]7
993.37 58.00 IOS I ,J7
11I5U7 743 105880
I05UO 4J50 1102.30
110,.10 8,~ 1 1110." I
I I 10.6 t 5800 C116X.60
EXHIBIT "F"
1.' = first Gill L ~ Fin:]1 Bill
t r = Unposted Trans;1Cli n
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-00413 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEST PENNSBORO TOWNSHIP ET AL
VS
FINKENBINDER CHRISTOPHER
VALERIE WEARY
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
FINKENBINDER CHRISTOPHER
the
DEFENDANT
at 1540:00 HOURS, on the 23rd day of January , 2006
at 11 PINE LANE
PLAINFIELD, PA 17081
by handing to
CHRISTOPHER FINKENBINDER
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
18.00
5.28
.39
10.00
.00
33.67
So Answers:
~~n:;,.",(,,>~-v
.1' ' ~; .
R. Thomas Kline
01/24/2006
SALZMANN HUGHES
Sworn and Subscribed to before
By:
VvL tv ~...
Deputy Sh~ff
me this ':;4 ~
day of
A.D.
..
SALZMANN HUGHES, P.c.
BY: Donald E. LeFever, Esquire
Attorney 1.0. No. 06902
354 Alexander Spring Road Suite 1
Carlisle, PA 17013
(717) 249-6333
Attorney for Plaintiff
WEST PENNSBORO TOWNSHIP
WEST PENNSBORO TOWNSHIP
MUNICIP AL AUTHORITY
IN THE COURT OF COMMON PLEAS OF and
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 06-413 CIVIL TERM
CHRISTOPHER FINKENBINDER
Defendants
CIVIL ACTION - LAW AND EQUITY
PRAECIPE TO
WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Dear Prothonotary:
Please withdraw our appearance on behalf of the Plaintiff in the above-
captioned action.
SALZMANN HUGHES, P .C.
By:
Donald E.LeFever, Esquire
Attorney ID#: 06902
354 Alexander Spring Road, Ste I
Carlisle, Pennsylvania 17013
(7l7) 249-6333
Attorney for Plaintiff
Date: April 19,2006
,
CERTIFICATE OF SERVICE
AND NOW, this 19th Day of April, 2006, I, Donald 1. LeFever, Esquire, hereby certify
that I have this day served the following persons with a copy of the foregoing document, by
first class, United States Mail, postage pre-paid, addressed as follows:
Christopher Finkenbinder
II Pine Lane
Plainfield, P A 17081
SALZMANN HUGHES, p,c.
By:
Donald E.LeFever, Esquire
Attorney ID#: 06902
354 Alexander Spring Road, Ste I
Carlisle, Pennsylvania 17013
(717) 249-6333
Attorney for Plaintiff
(.
...
WEST PENNSBORO TOWNSHIP
And WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: NO. 06-413 CIVIL TERM
CHRISTOPHER FINKENBINDER
Defendants
: CIVIL ACTION - LAW AND EQUITY
PRAECIPE TO
ENTER APPEARANCE
TO THE PROTHONOTARY:
Dear Prothonotary:
action.
Please enter our appearance on behalf of the Plaintiff in the above-captioned
By:
Paul r:. gler, 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 26, 2006
CERTIFICATE OF SERVICE
AND NOW, this 26th 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:
Christopher Finkenbinder
P.O. Box 183
Carlisle, P A 17081
PAUL L. ZEIGLER, P.C.
By:
Paul L. ei
Attorney # 09603
300 Bridge Street, Second Floor
P.O. Box B
New Cumberland, P A 17070
(717) 920-8420
Attorney for Plaintiff
Date: April 26, 2006
Paul L. Zeigler, P.c.
BY: Paul L. Zeigler, Esquire
Attorney ID # 09603
300 Bridge Street, Second Floor
P.O. Box B
New Cumberland, P A 17070
(717) 920-8420
Attorney for Plaintiffs
WEST PENNSBORO TOWNSHIP
And WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v,
: CIVIL ACTION - LAW AND EQUITY
CHRISTOPHER FINKENBINDER
Defendant
: NO. 06-413 CIVIL TERM
TO: Christopher Finkenbinder
DATE OF NOTICE: April 26, 2006
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED
OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (I 0) DAYS FROM THE DATE OF
THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE
ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE
TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PAl 70 13
717-249-3 66
By:
10 Day Notice
Paul L. Zel Ie Esquire
300 Bridge Street, Second Floor
P.O. Box B
New Cumberland, P A 17070
(717) 920-8420
Attorney for Plaintiffs
CERTIFICATE OF SERVICE
I hereby certify that on the 26th day of April, 2006, I served a true and correct copy of the
foregoing document by first class mail, postage prepaid, addressed as follows:
Christopher Finkenbinder
P.O. Box 183
Carlisle, P A 17081
PAUL L. ZEIGLER, P.C.
By:
Paul L. . er, Esquire
300 Bridge Street, Second Floor
P.O. Box B
New Cumberland, P A 17070
(717) 920-8420
WEST PENNSBORO TOWNSHIP and
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
Plaintiff
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: CIVIL ACTION - LAW AND EQUITY
: NO. 06-413 CIVIL TERM
CHrnUSTOPHERF~NBINDER
Defendant
PRAECIPE FOR ENTRY OF JUDGEMENT BY DEFAULT IN EQUITY WITH
DECREE
TO THE PROTHONOTARY:
Please enter default judgment in equity by default against the above named Defendant,
Christopher Finkenbinder, and order Defendant to make connection to the West Pennsboro Township
Municipal Authority Wastewater Treatment System within thirty (30) days.
Respectfully submitted,
PAUL L. ZEIGLER, P.C.
By:
Paul LIZ' er, Esquire
Attome # 09603
300 Bridge Street, Second Floor
P.O. BoxB
New Cumberland, P A 17070
(717) 920-8420
Attorney for Plaintiff
Date: June 5, 2006
~
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WEST PENNSBORO TOWNSHIP and
WEST PENNSBORO TOWNSHIP
MUNICIP AL AUTHORITY
Plaintiff
: IN THE COUI\tT OF COMMON PLEAS,
: CUMBERLA1jJD COUNTY,
: PENNSYL V AiNIA
CHRISTOPHER FINKENBINDER
Defendant
: CIVIL ACTION - LAW AND EQUITY
~ NO. 06-413 CIfIL TERM
\
PRAECIPE FOR ENTRY OF DEFAULT ~MENT
TO THE PROTHONOTARY:
v.
I
Please enter default judgment in the amount of$I,168.61 PIUt,costs and attorney's fees in favor
of the West Pennsboro Township and West Pennsboro Township M .cipal Authority and against the
Defendant, Christopher Finkenbinder, for his failure to file an Answ to the Complaint within the
required time period. \
Counsel for the Plaintiff does hereby certify that on March 2~22006' the Defendant was served
by first class mail, postage prepaid, a copy of the Notice of Intention t File Praecipe to Enter
Judgment by Default and Certificate of Service, attached hereto as E .bit "A."
Respectfully sub~itted,
PAU L. ZEIGL*R, P.C.
By:
Paul . e gl , Esquire
Atto # 09603
300 Bridg Street, Second Floor
P.O. Box
New Cum erland, P A 17070
(717) 920- 420
Attorney tJ r Plaintiff
Date: June 5, 2006
WEST PENNSBORO TOWNSHIP and
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
Plaintiff
: IN THE CO~T OF COMMON PLEAS,
: CUMBERLA D COUNTY,
: PENNSYL V NIA
v.
~ CNIL ACTI~N - LAW AND EQUITY
CHRISTOPHER FINKENBINDER
Defendant
: NO. 06-413 C VIL TERM
RULE 236 NOTICE
TO: CHRISTOPHER FINKENBINDER
P.O. BOX 183
CARLISLE, PA 17081
You are hereby notified that on June 5, 2006, the fonowing Ju gment has been entered against
you in the above captioned case in the amount of$I,168.21, plus cost for a total of$I,702.28.
DATE: June 5, 2006
t;
\ r-'
I
I
, e1a siguiente Fallo ha sido
i
de
A: Defendido/a (Defendidos/as)
Por este medio se Ie esta notificando que el
del
anotado en contra suya en el caso mancionado en el epigrafe.
FECHA:
Prothonotario
Paul L Zeigler, P.C.
BY: Paul L. Zeigler, Esquire
Attorney 10 # 09603
300 Bridge Street, Second Floor
P.O. BOllB
New Cumberland, P A 17070
717 920-8420
Attorney f< r Plaintiffs
WEST PENNSBORO TOWNSHIP
And WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
Plaintiffs
: IN THE COU T OF COMMON PLEAS
: CUMBERLA D COUNTY,
: PENNSYL V IA
v.
: CIVIL ACTIO - LAW AND EQUITY
: NO. 06-413 C L TERM
CHRISTOPHER FINKENBINDER
Defendant
TO: Christopher Finkenbinder
DATE OF NOTICE: March 22, 2006
IMPORTANT NOTICE
YOU ARE IN DEF.AULT BECAUSE YOU FAILED TO T THE ACTION REQUIRED
OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) A YS FROM THE DATE OF
THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST Y U WITHOUT A HEARING
AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT RIGHTS,
CUMBERLAND COUNTY BAR ASSOC
32 S. Bedford Street
Carlisle, PA 7013
717-249-3 6
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT NCE. IF YOU DO NOT HA VB
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHO E THE FOLLOWING OFFICE
TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
J 0 Day NOlice
Paul L. Zeigler, suire
300 Bri' eet, econd Floor
P.O. BoxB
New Cumberland, A 17070
(717) 920-8420
Attorney for Plain ffs
By:
CERTIFICATE OF SERVICE
I hereby certify that on the 22nd day of March, 2006, I serv a true and correct copy of the
foregoing document by first class mail, postage prepaid, addressed follows:
Christopher Finkenbinder
P.O. Box 183
Carlisle, P A 17081
By:
.
WEST PENNSBORO TOWNSHIP and
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
Plaintiff
: IN THE CO
:CUMBERLA
: PENNSYLVA
T OF COMMON PLEAS,
COUNTY,
IA
vi.
- LAW AND EQUITY
CHRISTOPHER FINKENBINDER
Defendant
: NO. 06-413 C
CERTIFICATE OF SERVICE
I hereby certify that on the 5th day of June, 2006, I served a e and correct copy of the
Praecipe for Entry of Judgment by Default in Equity with Decree, pro osed Order, Praecipe for Entry
of Default Judgment for damages of$I,168.61, plus costs, and Rule 2 6 Notice by first class mail,
postage prepaid, addressed as follows:
Christopher Finkenbinder
P,O. Box 183
Carlisle, P A 17081
By:
PaulL. er, Esquire
300 Bridge tree!, Second Floor
P.O, Box B
New Cumb land, PA 17070
(717) 920-8 20
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WEST PENNSBORO TOWNSHIP and
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
Plaintiff
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: CIVIL ACTION - LAW AND EQUTIY
: NO. 06-413 CIVIL TERM
CHRISTOPHER FINKENBINDER
Defendant
ORDER
AND NOW, this -1..ll- day of June, 2006, upon consideration of the Praecipe to Enter
Judgment by Default, it is hereby ORDERED, ADJUDGED AND DECREED that Defendant,
Christopher Finkenbinder shall make connection to the West Pennsboro Township Municipal
Authority Wastewater Treatment System within thirty (30) days,
BY THE COURT:
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WEST PENNSBORO TOWNSHIP and
WEST PENNSBORO TOWNSHIP
MUNICIP AL AUTHORITY
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: NO. 06-413 CIVIL TERM
CHRISTOPHER FINKENBINDER
Defendants
: CNIL ACTION - LAW AND EQUITY
MOTION FOR CONTEMPT
AND NOW, this 3rd day of August, 2006, comes the Plaintiffs, West Pennsboro Township and
the West Pennsboro Township Municipal Authority, through their Solicitor, Paul L. Zeigler, Esquire
and files this Motion to hold the Defendant, Christopher Finkenbinder in Contempt of Court, and in
support thereof avers the following:
1. On June 9, 2006, this court entered an Order directing Defendant to make connection to
the West Pennsboro Township Municipal Authority Wastewater Treatment System
within thirty (30) days. A copy of said Order is attached hereto, made a part hereof, and
incorporated herein as Exhibit "A".
2. The Defendant was provided by Certified Mail, a copy of the Order, which the Return
Receipt Card reflects that the Defendant received a copy of the above-noted Court
Order on June 24,2006. The U.S. Certified Receipt and relevant Return Receipt Card
are attached hereto, made a part hereof, and incorporated as Exhibit "B".
3. The Defendant has failed and refused to connect, and continues to fail and refuse to
connect, to the West Pennsboro Township Municipal Authority Wastewater Treatment
System as Ordered.
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4. The Plaintiffs have incurred reasonable attorney's fees and costs in preparing and
presenting this Motion.
WHEREFORE, Plaintiffs respectfully request this Honorable Court to Order the following:
a. Defendant be ordered to appear before the Court on a date certain and upon
failure to do so a bench warrant be issued for his arrest;
b. Defendant be ordered to pay Plaintiffs reasonable expenses of preparing and
presenting this Motion in the amount of not less than $300.00;
c. The amount set forth in paragraph "b" above shall be added to the judgment
amount by the Defendant, in addition to any other previously awarded costs and
attorney's fees, none of which have been paid by the Defendant;
d. The Court allows such additional time as it deems reasonable for Defendant to
connect to the Wastewater Treatment System and upon failure to do so the
Court shall so order the Defendant incarcerated;
e. Such other relief as the Court may deem necessary and proper.
Respectfully submitted,
By:
er, Esquire
Atto # 09603
300 Bridge Street, Second Floor
P.O. Box B
New Cumberland, P A 17070
(717) 920-8420
Attorney for Plaintiff
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CERTIFICATE OF SERVICE
AND NOW, this 3rd Day of August, 2006, I, Paul L. Zeigler, Esquire, hereby certify that I have
this day served the following person with a copy of the foregoing document, by first class, United
States Mail, postage pre-paid, addressed as follow:
Christopher Finkenbinder
P.O. Box 183
Carlisle, P A 17081
Paul .
PAU~ .ZE
Attorney # 09603
300 Bridge Street, Second Floor
P.O. BoxB
New Cumberland, P A 17070
(717) 920-8420
Attorney for Plaintiff
By:
Date: August 3, 2006
WEST PENNSBORO TOWNSHIP and
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
Plaintiff
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY,
: PENNSYLVANIA
I'y
v.
: CIVIL ACTION - LA \V AND EQUITY
: NO. 06-413 CIVIL TERM
CHRISTOPHER FINKENBINDER
Defendant
ORDER
AND NOW, this ~ day of June, 2006, upon consideration of the Praecipe to Enter
Judgment by Defaul~, it is hereby ORDERED,ADJUDGED AND DECREED that Defendant,
christopher Finkenbinder shall make connection to th~ WestPennsboroTownship Municipal
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AuthoritY Wastewater Treatment System within thirty (30) days.
BY THE COURT:
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Exhibit A
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.CompIet$lt8l'nS 1. 2;; and 3. AfsC) complete
rtern.41f Restric<tec1 Deflveryis~. .
f... CJrint.YQUF name and acfdr9ss on the reverse
$0 that we canreturnc the card to you..
, .. Attach thlseam to the back of themallplece,
or on the frtlnt 1f$P8C8 pennlts.
1. ArtIcle Addressed to:
.
.
Christoph~ Finkenbinder
P.O. Boxl$3
Plainfie~1f A 17081
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JUN 2 6 2006
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7005 1820 0002 7612 4513
0QmestIc Retum Receipt _ 102595-02-M-1S4Q
UNI'TED Sr~. ORG PA 11..
24 .JUN 2006 PM ~
· Sender: Please print your name, add"
LAW OFFICE
PAUL L. ZEIGLER, P .C.
300 BRIDGE STREET, SECOND FLOOR
P.O. BOX B
NEW CUMBERLAND, PA 17070
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Christopher Finkenbinder
P.O. Box 183
Plainfield, P A 17081
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WEST PENNSBORO TOWNSHIP and
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: NO. 06-413 CML TERM
CHRISTOPHER FINKENBINDER
Defendants
: CML ACTION - LAW AND EQUITY
ORDER
AND NOW, this Jrlk day of August, 2006, upon consideration of Plaintiff's Motion for
Contempt, it is hereby ORDERED, ADJUDGED AND DECREED that Defendant Christopher
Finkenbinder shall appear before this Court on the I.(J;/- day of \~fi?1A ~A , 2006 at
10 " 30 a.m.!... in Courtroom I in the Cumberland County Courthouse, I
Courthouse Square, Carlisle, Pennsylvania to show cause why Defendant should not be held in
contempt of court for failure to comply with this Court's Order of June 9, 2006.
BY THE COURT:
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WEST PENNSBORO TOWNSHIP and
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CHRISTOPHER FINKENBINDER,
Defendant
CIVIL ACTION - LAW AND EQUITY
NO. 06-413 CIVIL TERM
ORDER OF COURT
AND NOW, this 1st day of September, 2006, upon
consideration of Plaintiff's Motion for Contempt, and following a
hearing held on this date at which the Defendant did not appear,
notwithstanding that the Court waited 15 minutes beyond the time
scheduled for the hearing to facilitate his appearance, and the
Court finding that the Plaintiffs have presented sufficient
evidence to support a citation of the Defendant for contempt
arising out of his failure to comply with the Order of Court dated
June 9, 2006, a citation for contempt is hereby issued upon the
Defendant.
The Court, following the five-step contempt process,
hereby schedules the second and final hearing in that process for
Friday, September 22, 2006, at 9:15 a.m., and the Defendant is
directed to appear at that hearing without further order of Court.
In the event that the Defendant fails to appear at the
hearing, the Court will entertain a motion from the Plaintiffs for
issuance of a bench warrant.
By the Court,
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~aul L. Zeigler, Esquire
300 Bridge Street, Second
P.O. Box B.
New Cumberland, PA 17070
For the Plaintiff
~hristopher Finkenbinder, Defendant Pro Se
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WEST PENNSBORO TOWNSHIP and
WEST PENNSBORO TOWNSHIP
MUNICIPAL AUTHORITY,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v
CHRISTOPHER FINKENBINDER,
Defendant NO. 06-413 CIVIL TERM
IN RE: CONTEMPT
ORDER OF COURT
AND NOW, this 22nd day of September, 2006, upon
consideration of Plaintiff's Motion for Contempt, and following a
second hearing in the five-step contempt process, the Court finds
that the Defendant has intentionally, voluntarily, and willfully
failed to comply with the Order of Court previously entered, and
he is adjudicated in contempt.
Pursuant to an agreement of the Defendant
appearing pro se and Plaintiffs through their counsel Paul L.
Zeigler, Esquire, the sanction of the Court is as follows:
1. Defendant shall pay the sum of $40.00 per
month to the Plaintiffs until such time as Defendant's debt in
the amount of $3,500 is paid in full; and
2. Judgment is hereby entered against the
Defendant and in favor of Plaintiffs, West Pennsboro Township and
West Pennsboro Township Municipal Authority, in the amount of
$3,500.
This resolution is without prejudice to the right
of Plaintiffs to pursue additional remedies in the present
proceeding in the event that Defendant's property continues to
require a sewer hookup. It is noted that at the present time it
is anticipated that the house on the property will be demolished.
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Paul L. Zeigler, Esquire
300 Bridge Street, Second
P.o. Box B
New Cumberland, PA 17070
For Plaintiff
Christopher Finkenbinder
P.o. Box 183
Plainfield, PA 17081
Defendant, pro se
:mae
By the Court,
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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.
: NO. 06-413 CIVIL TERM
CHRISTOPHER FINKENBINDER
Defendants
: CIVIL ACTION - LAW AND EQUITY
PRAECIPE TO
SATISFY AND DISCONTINUE
TO THE PROTHONOTARY:
Dear Prothonotary:
Please mark the above-styled action satisfied and discontinued.
PAUL
By:
Paul L. Zeigler, Esquire
Attorney ID # 09603
300 Bridge Street, Second Floor
P.O. Box B
New Cumberland, PA 17070
(717) 920-8420
Attorney for Plaintiff
Date: April 10, 2007
CERTIFICATE OF SERVICE
AND NOW, this lOth Day of April, 2007, 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:
Christopher Finkenbinder
P.O. Box 183
Plainfield, P A 17081
By:
Paul L. Z gler, squire
Attorney ID # 09603
300 Bridge Street, Second Floor
P.O. Box B
New Cumberland, PA 17070
(717) 920-8420
Attorney for Plaintiff
Date: April 1 0, 2007
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