(a) There is hereby imposed upon each property served by the City sewer system and having the use thereof, a quarterly sewer rent or charge payable as hereinafter provided, for the use, whether direct or indirect, of the City sewer system, based on the rates hereinafter set forth. All owners connected to the City sewer system shall be billed according to the following schedule of sewer rates and the billing practice of the City, by determining the total number of billing units for which such owners are responsible, and the following charges shall be imposed for each such billing unit:
Sewage Volume | Quarterly Rates |
0 - 6,000 gallons | $21.74 minimum |
6,001 - 40,000 gallons | 3.62 per 1,000 gallons |
40,001 - 100,000 gallons | 2.04 per 1,000 gallons |
100,001 - 200,000 gallons | 1.23 per 1,000 gallons |
200,001 - 300,000 gallons | 0.87 per 1,000 gallons |
All over 300,000 gallons | 0.76 per 1,000 gallons |
(Ord. 4735. Passed 12-13-95; Ord. 4881. Passed 9-25-02.)
(b) There shall be imposed the foregoing minimum rentals and charges on each billing unit, the same as if each billing unit were separate and apart from the others. Sewage collection charges in excess of the minimum charge on each such billing unit shall be determined by dividing the total water consumed by the number of billing units involved and applying the above rate schedule to the quantity so determined.
(c) Any municipality, if it wishes, may guarantee the payment of rates by customers living within its municipal boundaries or pay the rates otherwise owed to the City by such customers, but the ultimate responsibility for the payment of such rates shall remain with the customers until the amounts are so paid by the municipality.
(d) Any customer connected to a sewage collection system owned by a municipality which is not served by the Johnstown Water Authority or other water utility shall place a flow meter at the tap-in point to the sewer line before making a tap-in. As a condition for tapping into the City sewer system, the municipality shall advise the City of the existence of any such customers. Such customers shall pay the same quarterly sewer rates as set forth in division (a) of this section, the same as other customers.
(e) All customers or persons owning property connected directly or indirectly to the City sewer system shall give the City their correct address. Failure to receive bills shall not be considered an excuse for nonpayment, nor shall it permit an extension of the period during which bills are payable at face.
(f) All rentals for services under this chapter, together with all penalties thereon, not paid on or before the end of 30 days from the date of each bill, shall be deemed to be delinquent. To the extent permitted by law, all delinquent rentals and all penalties thereon shall be a lien on the property served and may be entered as a lien against such property in the office of the Prothonotary of Cambria County, and shall be collected in the manner provided by law for the filing and collection of such liens.
(g) Monthly bills for services under this chapter shall be subject to a 5% per month penalty for commercial and industrial customers and a 1.5% per month penalty for residential customers if not paid within 30 days after the date of the bill. In the event of an unpaid account, after the tenth of the month following the original billing due date, the water service shall be shut off. Service for water or sewage will not be restored until all delinquent bills against the same, and the costs of shutting off and restoring service have been paid.
(h) The City shall estimate each customer's sewer usage, and upon the basis thereof the customer shall be billed one-third of the customer's estimated quarterly sewer bill for each of the first two months of each quarter, and the bill for the third month of the quarter shall be such an amount as is necessary to reflect the customer's actual usage for the quarter.
(i) The City of Johnstown shall file, with the Pennsylvania Public Utility Commission, the regulations required by the Public Utility Commission Order of June 14, 1989, at Docket No. I-880083, upon approval thereof by a professional engineer for the system.
(j) The rates provided in division (a) of this section are designed to allow the City to operate the City sewer system on a self-sustaining basis, without the use of City tax revenues, with the revenues derived from the users being utilized solely for the complete operation of the City sewer system. In furtherance thereof, recognizing that any rate increase lawfully imposed on non-City residents shall be simultaneously imposed on all City residents who are users of the City sewer system:
(1) The Bureau of Sewage is hereby empowered to petition the Pennsylvania Public Utility Commission, from time to time, for such rate increases in the future as may be needed to assure that all of the following are timely paid by the users:
A. All annual operating expenses of the City sewer system, as reflected in the annual budget adopted by the City;
B. All costs for debt service on large scale improvements or renovations of the City sewer system incurred and mandated by State or Federal laws or regulations and/or approved by City Council;
C. All costs of small scale (less than one million dollars ($1,000,000) annually) improvements or renovations of the City sewer system incurred and mandated by State or Federal laws or regulations;
D. All incurred costs of small scale (less than one million dollars ($1,000,000) annually) improvements or renovations of the City sewer system as needed and evidenced by certification from the professional engineer for the system and approved by the Bureau of Sewage;
E. All costs for debt service on large scale improvements or renovations of the City sewer system as needed and evidenced by certification from the professional engineer for the system and as authorized by the administration and by resolution of Council; and
F. Such funds as are necessary to create and maintain an Annual Reserve Fund(s) for future expansion or improvements to the sewer system to the extent permitted by statutes or rules or regulations of the Pennsylvania Public Utility Commission.
However, no rate increase shall be collected from residents of the City of Johnstown prior to the time that the same rate increase is also collected from residents of outlying municipalities upon approval of the rates, tariffs, rules or regulations by the Pennsylvania Public Utility Commission.
(2) The Bureau of Sewage of the City of Johnstown may adopt such rules and regulations as are necessary and reasonable for the proper and efficient operation of the City sewer system as recommended or approved by the professional engineer for the system, which rules and regulations are not inconsistent with this chapter and which rules and regulations:
A. Are necessary to maintain compliance with any NPDES discharge permit;
B. Are necessary to maintain the physical integrity or the designed operational characteristics of the City sewer system; or
C. Are necessary for the health or safety of the users or for the employees or agents of the Bureau of Sewage.
However, no petition for a rate increase, nor any rule or regulation under this subsection, shall become effective without thirty days prior notice to Council of the City of Johnstown and the legislative body of any affected municipality, and upon approval of the rate, tariff, rule or regulation by the Public Utility Commission. Council for the City of Johnstown shall have the right to deny the City the right to file any petitions for a rate increase or the right to issue such rule or regulation within thirty days of receipt of such prior notice.
(Ord. 4543. Passed 9-26-90; Ord. 4567. Passed 2-27-91.)