ACT 537 OFFICIAL SEWAGE PLAN - Shrewsbury Township · YORK COUNTY PENNSYLVANtA S MY TOWNSHIP ACT 537 OFFICIAL SEWAGE PLAN PREPARED BY JUNE, 1992 hi Id I martin and martin, incorporated

YORK COUNTY PENNSYLVANtA

S MY TOWNSHIP

ACT 537OFFICIAL SEWAGE PLAN

PREPARED BY

JUNE, 1992

hi Id I martin and martin, incorporated149 east queer, streetphane:(717)

264-6759 chernberebure. oenneefeanie 417201PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor

http://www.cvisiontech.com

martin and martin, incorporated149 east queen street a chambersburg, pennsyivania e 17201.

(717) 264-6759

November 3, 1992

Shrewsbury Township SupervisorsRD # 2 Box 2125Glen Rock, PA 17327

Dear Supervisors:

NOV 4 1992

J

OFFICES IN:

plantation, floridapleasant valley, new york

Re: Shrewsbury Township Act 537 PlanOur file: 296.60

(#136-B/29660)

Enclosed is a copy of Shrewsbury Township's most recent Act 537 plan submittedto DER for review. We are sorry you did not receive a copy previously.

Regarding the inspection program, on page 17 in the implementation schedule, the

Township only commits itself to dividing the Township into 5 sections andinspecting each on -lot sewage system over a five year period. The proposedordinance regulating the transfer of dwelling lots in Appendix L requires thatseptic systems be inspected and malfuntioning systems repaired at the time ofsale. There are no special provisions for on -lot systems in the Pine Street orSeitzland areas.

In the event that you have any questions in this regard, please do not hesitateto contact us.

Very truly yours,

MARTIN AND MARTIN, INCORPORATED

74

Douglas H. SwopeDHS/aswEnclosurecc: Gil Malone

Eugene Dice

MUNICIPAL s URBAN REGIONAL LAND DEVELOPMENT AND ENVIRONMENTAL PLANNERS

MUNICIPAL CIVIL w SANITARY SOLID WASTE AND ENVIRONMENTAL ENGINEERS

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[#15-A/29660A]

SHREWSBURY TOWNSHIP

York County Pennsylvania

Act 537

Official Sewage Plan

Prepared by

Martin and Martin, Incorporated149 East Queen Street

Chambersburg, PA 17201

June, 1992



TABLE OF CONTENTS

Introduction

DER Review Letter of February 20, 1992 and Township Response

DER Review Letter of July 8, 1991 and Township Response

I Plan Summary 1

1. Final Plan Recommendations 1

1.1 Alternative of Choice 2

2.1 Service Area 2

3.1 Institutional Arrangements 2

2. Implementation 3

II Background Information 3

1. Planning Objectives and Needs 3

1.1 Wastewater Planning 3

1.2 Municipal and County Planning Documents 6

1.3 Wastewater Treatment Consistency with other Environ-mental Plans 8

1.4 Residential, Commercial, and Industrial Growth Areas 9

2. Physical Discription of Planning Area 9

2.1 Physical Characteristics 9

2.2 Soil Suitability for On -lot Sewage Disposal 10

2.3 Geological Features of Shrewsbury Township 10

2.4 Population Information and Sewage Facility Needs 11

3. Evaluation of Wastewater Facilities 11

4. Evaluation of Wastewater Treatment Needs 12

4.2 Malfunctioning On -Lot Subsurface Sewage Disposal System. 12

4.3 On -Lot Sewage Systems and Unsuitable Soils 12

4.4 On -Lot Sewage Systems Malfunctions 13

4.5 Illegal Sewage Disposal Systems 13

4.6 Federal Construction Grants Program 13

4.7 Township Programs and Improperly Sitedor Installed Systems 14



III Alternative Evaluation14

5.1 Identify and Analyze Alternatives 14

5.2 Sewage Management Program Alternatives 14

5.3 Non-structural Comprehensive Planning Alternatives 15

5.4 Existing Local Agency Program 15

5.5 Alternative Evaluation 15

6. Institutional Evaluation and Recommended Alternatives 16

6.1 Public and Governmental Authorities16

6.2 Evaluation of Existing Waterwater Treatment

Authorities16

6.3 Institutional Alternatives 16

6.4 The Chosen Alternative with Justification 16

6.5 Completed Administrative and Legal Activities 17

7. Selected Wastewater Treatment and Institutional

Alternatives17

7.1 Institutional and Technial Alternatives 17

8. Implementation17

8.1 Implementation Schedule 17

Implementation of Ordinance17

Plates:

Zoning DistrictsPlate 1

Base Planning and Wastewater Treatment Planning Areas Plate 2

Local Agency BoundriesPlate 3

Existing and Future Sanitary Sewer Service Areas Plate 4

Major Stream and Drainage BasinsPlate 5

Malfunctioning On -lot Septic SystemsPlate 6

Areas with Soil Limitations for On -lot Sewage Disposal Plate 7

GeologyPlate 8

Existing On -lot Septic SystemsPlate 9

Water Sample Test MapPlate 10

Positive Nitrate/Nitrogen Test Sites Plate 11

Appendices

A. Sanitary Sewer Collection System Proposal for the

Keeney and Forest Lake Developments

B. Sewage Service Provided by the Shrewsbury Borough

Sewer Authority

C. Relevant Section of Glen Rock Act 537 Plan Update,

November, 1989

D. Relevant Section of the Comprehensive Water Quality

Management Plan

E. Approved Developments Since the 1975 Act 537 Plan



F. Well Sample Test ResultsG. Subdivision and Land Development OrdinanceH. Zoning OrdinanceI. Sewage Permit OrdinanceJ. Holding Tank OrdinanceK. Shrewsbury Borough's Grinder Pump PolicyL. Proposed Ordinance and AmendmentsM. York County Planning Commission Comments

Proof of Publication of Proposed PlanResolution for Plan Revision



INTRODUCTION

The text of this Act 537 Plan was submitted to DER in March of 1991. DER

responded to this original plan in a letter dated July 8, 1992. On August 13,

1991, the Township Supervisionns, the Township's solicitor and engineers met

with individuals at DER who reviewed the March, 1991 plan. At that meeting the

deficiencies of the plan were more fully developed by DER as well as the spirit

and intent of the July 8 review letter. In October of 1991 an Addendum to the

March, 1991 plan was submitted to DER intending to bring the March plan into

compliance with DER's regulations.

In a letter dated February 20, 1992, DER responded to the October, 1991

Addendum. This June, 1992, Act 537 Plan incorporates the October Addendum and

the Township's response to the February 20 review letter.

This Act 537 Plan has been prepared using the format suggested in the Sewage

Facilities Planning, A Guide for Municipal Officials in Preparing Official

Sewage Plans Required by the Pennsylvania Sewage Facilities Act, developed by

the Pennsylvania Department of Environmental Resources, Bureau of Water Quality

Management, Division of Municipal Facilities & Grants, Harrisburg, Pennsylvania,

revised June, 1987. The numerical headings in the table of contents and

throughout the text identify those topics covered in the plan content section of

the guide for Sewage Facilities Planning manual.



MAR U b

SOUTHCENTRAL REGION - FIELD OPERATIONSWater Quality Management Program

One Ararat BoulevardHarrisburg, Pennsylvania 17110

(717) 657-4590February 20, 1992

Shrewsbury Townshipc/o John J. O'Keefe, ChairmanR.D. #2, Box 2125Glen Rock, PA 17327

R.. Act 537 PlanningShrewsbury Township, York County

Gentlemen:

We acknowledge receipt of the Township's revised Act 537 Plan submission inresponse to the Department's July 8, 1991 review letter. The revised plan commitsthe Township to the completion pf various activities. In order to clarifyseveral issues, please respond to the following commaents

1. Co !Lent No. 8 of the Department's July 8, 1991 review- letterrequested a definite implementation schedule for the milestoneevents and goals identified throughout the plan. We realize theTownship's activities are, in many instances, ties to the actions ofothers. However, we want you to provide estimated dates for theactual implementation of these events (i.e., dates for developmentand adoption of the Well Driller's Ordinance, Dry Sewer Ordinanceand On -lot Management Ordinance, dates for implementation of theKeeney Lakes development and Forest Lakes development, etc.). Thisschedule should be provided as a separate stand-alone, quick refer-ence submission with definite dates.

2. The plan references a Well Driller's Ordinance, a Dry Sewer Ordinanceand an On -lot Management Ordinance. Implementation dates for theadoption of these ordinances must be included in the implementationschedule. The Well Driller's Ordinance and the On -lot ManagementOrdinance should he applicable to the entire Township as opposed tospecific areas. Upon resubmission of your plan, please providedraft copies for our review.



Shrewsbury TownshipFebruary 20, 1992Page 2

3. Please be aware that planning modules will still be used to evaluatefuture subdivision areas throughout the Township, including thoseareas within a 371, mile radius of nitrate -nitrogen (N-NO3) concentra-tions greater than 5 mg/1 as identified in Appendix B. Component IImodules include the provision for a hydrogeologic study. Component I"mini -modules," as per Section 71.55, must not be used within a 14 mileradius of N-NO3 contamination greater than 5 mg/I. Preliminaryhydrogeologic studies resulting in nitrate-nitrogen concentrationsgreater than 10 mg/1 are unsuitable for on -lot development. TheAct 537 Plan should clarify these requirements. Please refer toComment No. 2 of the Department's July 8, 1991 letter.

An assessment of the significance of groundwater quality sampling,in relation to sewage needs, was not completed. Simply drawingli4mileradius around individual well sample locations does not constitutean assessment. A 15- percent sampling of wells would constitute onewell in six and one-half. Examination of the map showing septicsystem locations (Plate 9) with the groundwater sampling locationsindicates that some areas were over zealously sampled while otherswere neglected completely. The consultant must sample the neglectedareas at the 15 to 25 percent rate and should engage the servicesof a hydrogeologist to evaluate the present groundwater quality.The hydrogeologist should evaluate the results based upon determiningpresent needs and future -'sewage planning necessities. The 537 Platwill not he approved until this task is completed.

There seems to be a misunderstanding concerning 5 and 10 year futuresewer service areas. The purpose of the future sewer service areasis to guide future development to these areas and not to commit theTownship to providing sewers. The Dry Sewer Ordinance must be tiedinto these areas. Any new land development proposed in these areaswould require dry sewers at the developer's expense. Pleaseadequately address future sewer areas and revise Plate 4 to showthe proposed 5 and 10 year future sewer service areas.

5. Pine Street and Seitzlaled are identified as needs areas. TheTownship must take the initiative to correct the problems in theseareas. Please address various alternatives to deal with theseproblems. Negotiations with the Glen Rock Authority for treatmentcapacity should he undertaker as a possible solution to theseproblems.



Shrewsbury TownshipFebruary 20, 1992Page 3

6. As indicated in Comment No. 5 above, the plan identifies certainneeds areas. The major obstacle in dealing with these problems isa lack of funds. In all probability, ten years from now, the major

obstacle to solving these problems will still be a lack of funds.Therefore, we recommend that the Township explore the possibilityof using the On -lot Management Ordinance as a means of generatingsome income which could ultimately be utilized to help finance the

construction of sewers in areas with identified needs. Perhapsthis could be accomplished through some sort of on -lot assessment,or a charge by the Township to perform periodic inspections ofon -lot systems. Please review and comment.

7. Parts of the Sewerage Plan and Comprehensive Plan appear to contra-dict. Village Center and Suburban Residential zoning areas areshown to lie in areas shown to be limited for OLDS use. In theGlen Rock Borough area, these areas are adjacent to areas deemed inyour plan as needs areas due to system age, small lot size, and dry

wells. Please indicate the action the Township will initiate untilsuch time as public facilities will become available.

The 120 -day review period for your plan will not begin again until we are in

receipt of a complete response to the above comments. A new Resolution ofAdoption will be required for your resubmission.

In order to expedite the review of your submission, we are asking that yousubmit four (4) copies of your response.

If you have any questions, please contact me at the above number.

Sincerely,

Robert S. EdwardsSanitarian Sewage SpecialistPlanning and Finance Section

R3E:tin

cc: Martin and Martin, Inc. t//



SHREWSBURY TOWNSHIP'S RESPONSETO DER'S REVIEW LETTER OF FEBRUARY 20, 1992

1. An implementation schedule has been included on page 17.

2. The implementation of Ordinances section of the plan states that a wellDriller's Ordinance, a Dry Sewer Ordinance, and an On -lot ManagementOrdinance will be adopted within 45 days of approval by the Department ofthe Township's Act 537 Plan. Copies of each ordinance are included in theAppendix.

3. Plate 11 identifies water test sites with nitrate/nitrogen pollution.Component I "mini -modules" will not be accepted as sewage planning forapproval by the Township of proposed subdivisions within 1/4 mile ofnitrate/nitrogen pollution greater than 5 mg/l. Subdivisions within 1/4mil of nitrate/nitrogen pollution must complete the Component II modulesincluding provisions for a hydrogeologic study. Preliminary hydrogeologicstudies resulting in nitrate/nitrogen concentrations greater than 10 mg/1are unsuitable for on -lot development.

The Township recognizes a superficial contradiction in the goals of thehydrogeologic study requiring a minimum lot size in areas ofnitrate/nitrogen pollution and the Township's planning goal of a maximumlot size, as well as a maximum number of subdivision, in lands zoned foragriculture. When the hydrogeologic study dictates a minimum lot sizelarger than that permitted by the Township's subdivision and land develop-ment ordinance, the larger lot size will not be approved, but additionallot area will be set aside by an agricultural easement which will precludeany development from occuring in such area at any time.

There are sufficient amounts of total and fecal coliform throughout theTownship to warrant a well drillers ordinance. A draft copy has beenincluded in the Appendix and will be adopted by the Township if approved byDER.

During a May 18 meeting with DER, it was established that the northeast andsoutheast corners of the Township had insufficient testing of well watersources. Additional testing was done in both these areas and the resultsadded to the Well Sample Test Sites and Water Sources with Nitrate/NitrogenPollution maps. Both these areas are in lands zoned for agriculture andconservation. Development in these areas is restricted by the zoningordinance controlling lot size and density to preserve the agriculturalactivity of the area. The Township will continue to rely upon on -lotseptic systems for existing and future sewage treatment needs in theseareas.

These well tests, like the well tests for the rest of the Township,indicate that safe water conditions in most areas of the Township can bemaintained using on -lot sewage system and component II planning modules



where appropriate. Furthermore, extension of public sewer systems beyondareas zoned for development near Shrewsbury and Glen Rock Boroughs is notunnecessary but would violate Title 4, Chapter 7, Section 301, et. seq. ofthe Code of Regulations in that it would encourage the conservation ofprime agricultural land to other uses.

4. In the Final Plan recommendations on page 1 of the Township's Act 537 Plan,March, 1991, the Township's sewage plan states that "agriculture is the

primary economic activity in Shrewsbury Township" and that "preserving thenecessary environment for agricultural activity has been the first priorityfor all Township development planning". This goal is stated in theTownship's Comprehensive Plan and implemented in the Subdivision and LandDevelopment and Zoning Ordinances. These ordinances severely restrict theamount of development that may take place in agricultural and conservationareas as well as control the nature of development in areas zoned,

residential, commercial, or industrial, i.e. mandatory sewer connections,minimum lot size based on on -lot or public sewer and water. Theseordinances are the means by which the Township guides future developmentand is how the Township avoids a commitment with Township funds of

providing public sewers for the next five years, 10 years or any timeperiod.

Because the Township does have these ordinances, it can predict wherefuture development will take place in the next 5 and 10 years. These areas

are in the lands zoned residential, village center, highway commercial, orindustrial and are adjacent to the Boroughs of Glen Rock or Shrewsbury.

The present revision to the Township's Act 537 Plan was required by DER inanticipatation of the planned expansion of the New Freedom wastewatertreatment plant. Shrewsbury Township was required by DER to access theTownship's sewage needs that were within the drainage area to the NewFreedom Treatment Plant. The Township advised the property owners withinthe sewer service area of this expansion and placed responsibility ofreserving capacity on property owners and developers. Appendix B containsthe details of this policy. The location of the various sites where ownershave reserved capacity at the New Freedom plant are identified on plate 4.A chart listing these owners and the amount of reserved capacity has alsobeen added to plate 4.

The 5 and 10 year future sewer service area for the New Freedom treatmentplant collection system within Shrewsbury Township are those locationsidentified on Plate 4 that have reserved capacity at the treatment plant.The Township expects capacity reserved for residential use to be built outwithin 5 years of completion of the treatment plant expansion, or in 1999.Capacity reserved for industrial use is expected to take place over a 10year period.

The Township Zoning Ordinance, Section 6.11, requires that residentialdevelopment in areas zoned R - Residential connect to public sewer service.Therefore, unless capacity has been reserved or can be purchased in thiszone, there can be no other development in this area. The only exception torequiring public sewer connections is for single homes on lots recorded asof March 12, 1979.



Development in the Glen Rock area is currently limited by zoning and thelack of capacity at the Glen Rock sewage treatment plant. Gap sewercontrols have been included and the affected areas defined in the

Subdivision and Land Development and Zoning Ordinances. When the Glen Rocksewer authority initiates plans to expand the treatment plant, the Townshipwill advise property owners to individually reserve capacity as was donefor the New Freedom plant expansion. When Glen Rock does expand theirtreatment plant, the Township expects to review the zoning ordinance forthe Glen Rock area.

The Township has contacted the Glen Rock Sewer Authority aboutinvestigating ways to provide sewer capacity for the Pine Street andSeitzland needs areas at the Glen Rock Treatment Plant. A copy of theTownship's letter to the Authority has been included in Appendix C.

Another alternative is for DER to require Glen Rock to update their 537Plan as a first step to expanding and upgrading the Borough's treatmentplant.

6, The Township has always been committed to providing public sewer service tothe Pine Street Seitzland, Keeney, and Forest Lakes needs areas, nor hasthe Township ever said that a lack of funds is an obstacle to solving theseproblems The problem has always been a lack of capacity for sewagetreatment.

It is not an option to use an on -lot management ordinance or any otherordinance as a means of generating income from the entire Township to solveindividual sewage problems. Such a procedure would be a tax, and theTownship citizens cannot be taxed and receive no benefit.

7 The area zoned for Village Center south of Glen Rock includes a sewer mainextending from the Susquehannock High School to the Glen Rock treatmentplant and is why this area is zoned as such. The areas zoned suburbanresidential along the southern boundary of the Township reflect developmentprior to the Township's Subdivision and Land Development and ZoningOrdinance.

As shown in the implementation schedule, the Township will adopt an on -lotmaintenance ordinance within 45 days after DER approves the draftordinance. A copy of this ordinance is included in the Appendix. Untilpublic sewer is available, the Township will rely upon this ordinance andits sewage permit ordinance to correct malfunctioning on -lot sewer systems.



JATER QUALITY MANAGEMENT PROGRAMSouthcentral RegionOne Ararat Boulevard

Harrisburg, Pennsylvania 17110

(717) 657-4590July 8, 1991

Shrewsbury Townshipc/o John J. O'Keefe, ChairmanR.D. #2, Box 2125Glen Rock, PA 17327

Re: 537 PlanningShrewsbury TownshipYork County

Gentlemen:

The Department of Environmental Resources has reviewed your Act 537 Plan andhas found it to be incomplete for the following reasons:

1. Laboratory test results were not quantified in the plan.

2. There was no discussion of the significance of the water testresults. What is the probable cause of high total coliforms,high fecal coliforms, and/or high fecal streptoccocus? Provide

supporting documentation such as: a) list of wells which areimproperly constructed and the reasons for improper construction,b) groundwater is being contaminated because of discharges fromon-lot sewage systems, (see Item No. 7(b)(2) of the attachedchecklist), c) adjacent sink holes or pinnacles. Do not make ageneral statement about the Township as a whole but evaluateindividual areas. The significance of nitrates should becharacterized in accordance with Chapter 71, Section 71.62(c)(2)(ii ).The use of mini modules will have to be eliminated in areas wherehydrogeological studies are required.

3. Ordinances pertaining to land development and sewage disposalshould be submitted with the plan.



Shrewsbury TownshipJuly 8, 1991

Page 2

4. An inventory of existing sewage disposal systems should becompiled; giving the locations of those systems currentlymalfunctioning, the location of those systems which are poten-tially malfunctioning, and those systems which are suitable foron-lot disposal. (Suitable being a permit on file at the Townshipoffice.) (See Item No. 7(b)(2) of the attached checklist).

5. Those areas which are considered accessible to Glen Rock and NewFreedom Borough's Sewage Treatment Plants should only be developedas sewers become available. Your plan should make this statement.

6. The ultimate means of sewage disposal for most of ShrewsburyTownship is on-lot disposal. The 537 Plan has indicated, on page15, that it is unnecessary to implement an on-lot maintenanceprogram because the Township aggressively enforces regulations andordinances. In order to demonstrate the Townships aggressiveenforcement procedures, please list the number of enforcementactions taken in the past several years. (Particularly thoseareas adjacent to Glen Rock Borough, as mentioned on page no. 2 ofthe text.)

7. If improper well construction is found to be a problem in theTownship, then a well driller's ordinance should be considered.

8. The schedule of implementation does not contain any dates orgoals. Also, there are no details as to how the possible futuresewer areas will be handled in the next 5 or 10 years.

9. The outline for servicing the Keener Road and Forrest Lakedevelopments specifies multiple grinder pump usage. WillShrewsbury Township or Shrewsbury Borough be responsible for theiroperation and maintenance? (See attached grinder pump policy).

10. Page No. 2 and Plate No. 6 of the Plan indicate that there arenumerous sewage malfunctions adjacent to Glen Rock Borough. GlenRock Borough has no current plans to expand its sewage treatmentplant and will not re-evaluate expansion until 1994. What willShrewsbury Township do about these malfunctioning sewage systemsuntil sewers become available? On Page No. 13 of the study itsays that the Township is committed to providing public sewerservice to these areas.

11. What special requirements will Shrewsbury Township make for devel-opments which will occur in the SR, I, and RC zones areas of theTownship?



Shrewsbury TownshipJuly 3 1991

Page 3

The 120 -day review period for this plan will not begin until we are inreceipt of a complete submission.

A new resolution of adoption will be required for your resubmission.

In order to expedite the review of your submission, we are asking that yousubmit four (4) copies of the 537 Plan.

If you have any questions concerning this letter, please contact me orMr. Thomas Shaul at the above address.

Sincerely,

At -a .sRobert S. EdwardsSanitarian Sewage SpecialistPlanning & Finance Section

RSE:kwm

Attachments

cc: Martin & Martin Engineers ----



Shrewsbury Township's Responseto DER's comments

1. Water sample test results:

The water supply at 143 sites, 15% of all water sources within theTownship, were analyzed for nitrate/nitrogen and total coliform. Sampleswith total coliform were also tested for fecal coliform. A second test wasconducted on all water supplies that showed coliform contamination afterthe water source and supply lines had been cleaned with chlorine followingDER sterilization techniques. Many of these water sources showedimprovement after the second test.

A tabulation of the test results are included in the appendix to thisaddendum. The results are organized in four catagories; sites that passedthe first test, failed one test, failed once and passed once, or failedboth test. However, in analyzing these test results on the basis ofpercentage of test failures, the second test results were not considered.

2. The water test results show that water quality is generally good within theTownship, but some areas show concentrations of nitrate/nitrogen pollution.Sites with total or fecal coliform contamination are distributed randomlythroughout the Township.

Total Conform:

Twenty-five percent of the water samples contained total coliform. Thelevel of contamination ranged between 2.2/ 100 ml. to more than 16/ 100m1.These results show a significant amount of water sources within theTownship are contaminated by surface water.

The Shrewsbury Township Supervisors are currently investigating andanticipate enacting a well driller's ordinance within 12 months of approvalof the Township's 537 plan.

Fecal coliform and fecal streptococcus:

Approximately nine percent of the wells tested showed fecal coliformcontamination. Specifically, five tests had 2.2 /100 ml, 5 tests showedcoliform present at 16/ ml or greater, the remaining three tests fellwithin this range. No tests were made for fecal streptococcus.

Water samples were taken and analyzed according to guidelines provided byDER to Martin and Martin, Inc. the Township's engineers, in 1989. At thattime, no mention was made of collecting data concerning possiblecontamination of water supplies by -lot septic fields. Although fecalcoliform can indicate water pollution by sewage contamination, it is notpossible to make a relationship between specific water sample results andfailing on -lot sewage systems based on field data.



However, during the August meeting with DER, the Township agreed to

develop an on -lot maintenance program for the Pine Street area near GlenRock and Seitzland. The Township will develop and implement a maintenanceprogram for these areas within 12 months of the approval of this 537 plan.

Documentation:

a. list of wells which are improperly constructed and the reasons forimproper construction:

As previously discussed, the original guidelines for preparing an Act537 plan did not require this information. This topic was raised atthe August meeting and the lack of this data was not considered anissue. However, as DER requested, the Township anticipates adopting awell driller's ordinance.

b. ground water is being contaminated because of discharges from on -lotsewage systems:

This issue is discussed in item 6 below.

c. Adjacent sink holes and pinnacles:

There is no limestone in Shrewsbury Township, hence no sinkholes orpinnacles.

Nitrates:

A map with a quarter mile radius around all well test sites withnitrate/nitrogen pollution greater than 5 mg/1 is included in the appendixto this addendum. The Township understands that DER will evaluate futuresubdivisions based upon hydrogeological studies rather than planningmodules within these areas.

3. Township ordinance pertaining to subdivisions, zoning, sewage, and holdingtanks are included in the appendix.

4. Permitted on -lot sewage disposal systems as well as all sewage disposalsystems within the Township are identified on the plate in Appendix H..Malfunctioning systems are discussed in item 6 below.

5 Based on -discussions at the August 13 meeting, it was decided to requireall developments with ten lots or more and within 1000 feet of existing orplanned public sewers to install dry sewers with capped laterals. TheTownship will require each lot to connect to the public sewer as servicebecomes available.

6 This issue was discussed in depth at the August 13 meeting. Some confusionwas created by misstating the nature of the problem areas around Glen Rockand Seitzland. None of these systems are currently malfunctioning. Thisarea is characterized by small sloping lots with homes built prior to on -lot disposal field regulations. Furthermore, the demography of the area is



changing from retired couples to families, with the attendant increase inwastewater flow. Because of this changing population pattern, the Townshipanticipates future on -lot septic field failures in these areas and is

taking steps to address this issue before serious malfunctions occur. As

discussed in item 2, the Township is committed to a maintenance program forthis area.

Plate 6 of the Act 537 Plan Update identifies one malfunctioning system andone suspected problem. There are no other malfunctioning septic systemsthat the Township is aware of, only areas where the Township anticipatesproblems. The Township's aggressive enforcement is not demonstrated byenforcement actions to correct malfunctioning systems, but rather by thehigh success rate of existing systems and the general suitability of soilsin the Township for on -lot sewage disposal.

7. As discussed under item 2, the Township anticipates enacting a well

driller's ordinance.

8. The April 537 Plan states that the Township is committed to providing sewerservice to the Keeney and Forest Lake subdivisions after capacity is

available at the New Freedom treatment facility. The Township will committo providing this service within one year after capacity is available.

The Township will adopt a well driller's ordinance and an on -lot sewagedisposal maintenance program for the Pine Street and Seitzland areas within12 months of an approved 537 plan.

Regarding future sewer service areas, the Township's planning policy is topreserve agriculture as the Township's primary economic activity.

Furthermore, the Township views residential and industrial development asincompatible with agricultural activity. This planning philosophy is

articulated in the Township's Comprehensive Plan, is the basis for theTownship's zoning and subdivision ordinances, and is referred to

throughout the March 537 Plan.

When New Freedom Borough started planning to expand their wastewatertreatment plant, DER required Shrewsbury Township to asses the Township'swastewater treatment needs and reserve appropriate capacity at the newfacility. The Township informed owners of property accessible to the NewFreedom treatment facility collection system of the plant expansion and theneed to reserve capacity for any future development. By this process, theTownship placed the responsibility for reserving future capacity on

developers and private citizens. Copies of this correspondence are

included in Appendix B of the March 537 Plan.

Shrewsbury Township's 537 plan makes no reference to future sewer areasbecause it has placed responsibility for reserving treatment capacity withthe private sector. Areas zoned for residential development can be

developed if property owners or developers had the foresight to reservetreatment capacity, if on -lot sewage disposal is appropriate, or if unusedcapacity i.s or becomes available. If not, the affected areas will not be



developed regardless of the zoning. This policy is compatible with theTownship's planning goals, and is why five and ten year future sewer areasare not addressed.

9. There is a lift station included in the sewage collection system for theKeeney Development that will be dedicated to the Shrewsbury Borough SewageAuthority. Some individual homes within the Keeney Road and Forest LakesDevelopment will have grinder pumps. These pumps are the responsibility ofthe home owner, but they will be of a type and style compatible withreplacement parts and models kept in stock by the Shrewsbury Sewer

Authority. Furthermore, the Township's collection system specificationsfor this area will include two backup pumps for the Shrewsbury SewerAuthority. At the Township's request, the Shrewsbury Sewer Authority willadopt a grinder pump policy. A letter from the Authority outlining thecontents of the policy they are considering is included in the appendix.

10. As discussed in response to comment 6, there are currently no

malfunctioning sewage systems in the Glen Rock area, only an anticipationof sewage problems. The Township is committed to providing public sewer tothese areas when capacity becomes available.

At the August 13 meeting, the suggestion was made that perhaps some

capacity could be provided by reducing inflow and infiltration in the GlenRock collection system, and the Township is willing to participate in thatimprovement. The Township anticipates DER will have to provide leadershipin that regard. However, as previously discussed and as an interimmeasure, the Township will develop an on -lot maintenance program for thisarea.

11. As previously discussed, the Township's planning policy is to discouragerather than promote development. However, the Township must also providefor industrial, commercial and recreational activity as well as

agricultural needs. These activities have been provided for by appropriatezoning. The necessary infrastructure, such as sewage mains and treatmentfacilities, are the responsibility of private developers. Again, this

development philosophy is consistent with overall Township planning.



(#56-B/296)

I Plan Summary

1 Final Plan Recommendations

Agriculture is the primary economic activity in Shrewsbury Township and the farmland in the Township is among the best in the world. Preserving the necessaryenvironment for agricultural activities has been the first priority for allTownship development planning. The Township's Comprehensive Plan articulatesthe emphasis placed upon agriculture as the Township's main industry and

agriculture products as the Township's main contribution to the area, state,

nation, and world.

The Township is in a region that has and will continue to experience rapidpopulation growth. The Township is 15 miles from the city of York, and 35 milesfrom Baltimore. Because of the 1-83 corridor, Shrewsbury Township is

particularly susceptible to residential development for people wishing to livein a rural setting but work in the Baltimore metropolitan area. Withoutstringent land development policies, prime farm land will be lost forever asresidential and related developments expand into the Township. Furthermore,urban and suburban life, as well as most industrial and commercial enterprises,are incompatible with an agricultural economic base, and in time the growth ofan urban environment will destroy the viability of agricultural activity.

Within the Township's boundaries are the Boroughs of Glen Rock, New Freedom,Rail Road, and Shrewsbury, urbanized areas with the associated needs for avariety of community services. Two wastewater treatment plants (WWTP) servethese Boroughs. One plant, just outside the northwest border of Glen Rock onthe South Branch of Codorus Creek, is owned and operated by the Borough of GlenRock and serves that Borough as well as the Susquehannock High School. The

second plant, owned and operated by. the New Freedom Borough, is located in RailRoad Borough. This WWTP serves portions of the Boroughs of New Freedom, RailRoad, and Shrewsbury as well as a small portion of Shrewsbury and HopewellTownships. The presence of each treatment facility affects planning for theTownship. Without proper planning, these facilities would promote developmentin the Township and destroy the viability of the Township's agriculturaleconomic base. To the extent that development and agriculture are incompatible,land use planning in Shrewsbury Township has not meant developing wastewatertreatment facilities, but rather limiting the impact the wastewater treatmentfacilities serving the four boroughs will have on development in the Township.

The Township's planning objectives, defined in the Comprehensive Plan andimplemented in the Subdivision and Land Development and Zoning Ordinances arethe means whereby the Township can accommodate growth without degradation to theenvironment. These ordinances have been designed to preserve presentagricultural activity and still meet the local needs for housing, employmentopportunities, and provide the necessary commercial services to Townshipresidence. Township planning discourages development responding to regional

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pressures. Without a wastewater treatment infrastructure, population growth is

limited, the Township is insulated from outside population pressures, and

development is directed to areas where it will not interfere with agricultural

activities.

1.1 Alternative of Choice

The Borough of New Freedom is currently expanding their WWTP. As a result of

this expansion, Shrewsbury Township evaluated the Township's requirements for

treatment capacity at this new facility. This capacity has been reserved for

the Township through the Borough of Shrewsbury'

The Borough of Glen Rock completed a review of their wastewater treatment needs

in 1989 and determined that the current facilities should be adequate until

1994. Treatment capacity at the Glen Rock WWTP is currently limited to the

Borough of Glen Rock. Specific areas in the Township have malfunctioning on -lot

septic systems and are accessible to the Glen Rock sewage collection system.

When capacity at the Glen Rock treatment facility becomes available, the

Township will provide public sewer to these problem areas.

A small portion of the Township adjacent to 1-83 at the northern end of the

Township is zoned industrial and highway commercial. Wastewater treatment in

this area is the responsibility of the developer. Two areas along the Maryland

border are zoned suburban residential, reflecting development prior to adoption

of the Township's Zoning Ordinance. These areas rely on on -lot septic systems.

The rest of the Township will continue to be devoted to agriculture, largely

undeveloped, and rely on on -lot septic systems.

2.1 Service Area

The service area for this 537 Plan includes all of Shrewsbury Township.

3.1 Institutional Arrangements

Shrewsbury Township retains the services of a certified sewage enforcement

officer to administer the on -lot sewage disposal program for areas not served by

public sewer. Shrewsbury Borough is responsible for the sewage collection

system within the Township that conveys wastewater to the New Freedom WWTP.

When public sewer service is provided to the portion of the Township accessible

to the Glen Rock collections system, the Glen Rock Sewer Authority will be the

entity responsible for sewage collection in that part of the Township. There is

a private line between the Susquehannock High School and the Borough of Glen

Rock owned and maintained by the Southern York County School District. This

line traverses an area in the Township with malfunctioning on -lot systems. When

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the Glen Rock Treatment Facility is expanded, the Township expects share use andownership responsibilities with the school district.

2 Implementation

The Township has adopted a Comprehensive Plan, Subdivision, Land Development,and Zoning Ordinances. Wastewater treatment capacity at the New Freedom WWTPhas been reserved for the Township through the Borough of Shrewsbury. The

Borough of Glen Rock is aware of the Township's wastewater treatment needs andhas addressed this need in the Borough's 537 Plan Update of November, 1989.

Capacity has been reserved and feasibility studies completed for sewage collec-tion systems for the Keeney and Forest Jake developments, south and east of theBorough of Shrewsbury. The Township is prepared to proceed with final designand construction of these sewer mains pending approval of this 537 plan andavailability of treatment capacity at the New Freedom wastewater treatmentplant.

II Background Information

1 Planning Objectives and Needs

1.1 Wastewater Planning

1.11 through 1.14

The current Shrewsbury Township Act 537 Plan, completed in 1975, identifies manyareas throughout the Township as appropriate for public sewer service. Thisearlier plan advocated expanding the sewer collection systems of Glen Rock, NewFreedom, and Shrewsbury Boroughs into much of the Township. However in 1980,the Township adopted a Comprehensive Plan that not only had little in commonwith the development goals embraced by the 1975 Act 537 Plan, but actuallycontradicted that plan. The development philosophy of the 537 Plan stated thatthe Township should aggressively pursue creation of a sewage treatmentinfrastructure to attract industry and development. In contrast, the Township'sComprehensive Plan argues for a development policy that will preserve theagricultural base of the Township and discourages widespread residential andindustrial development. Since 1975, the development objectives of theComprehensive Plan have guided planning in the Township. Consequently, littleof the wastewater treatment facilities proposed in the 1975 Act 537 Plan havebeen realized. However, both the 1975 and this Act 537 Plan recommendsextending the Glen Rock sewer collection system to include the Pine Street andSeitzland areas, identified on Plate 2.

Shrewsbury Township does not operate or maintain any wastewater collection ortreatment facilities_ All present or future public sewer service in theTownship is or will be provided by the Boroughs of Glen Rock and Shrewsbury.The 537 plans for these boroughs include the Township's wastewater treatment



needs. Wastewater from the four borough's in the Township are treated at twotreatment plants. The Glen Rock WWTP, owned and operated by the Glen Rock Sewer

Authority, serves the Borough of Glen Rock. The New Freedom WWTP, owned andoperated by the New Freedom Sewer Authority, serves most areas in the Boroughsof New Freedom and Shrewsbury, part of Rail Road Borough, and a small portion of

Shrewsbury and Hopewell Townships.

The New Freedom Wastewater Treatment Plant

South and east of the Borough of Shrewsbury are Township lands zoned for

development. Shrewsbury Borough's sewage collection system currently collectswastewater from some of the existing developments in this area. This collection!

system could be extended to serve the entire area. Wastewater collected by the:'.

Borough's sewage system is treated at New Freedom's wastewater treatment plant, .which is currently being expanded. As part of the planning for the expansion ofthis facility, Shrewsbury Township evaluated the Township's wastewater treatmentneeds. By agreement, capacity at the expanded treatment facility for wastewaterfrom the Township is reserved through the Borough of Shrewsbury.

Within the area that can be served by Shrewsbury Borough's collection system,the Township has only assumed responsibility for providing public sewer serviceto the Keeney and Forest Lake developments, identified on the "Existing andFuture Sewer Service Area" map. Plans and a feasibility analysis of the

proposed sewer collection systems for these developments are contained inAppendix A. Upon completion of construction, these collections systems would be

deeded over to, the Shrewsbury Borough Sewer Authority for operation andmanagement.

Wastewater treatment capacity at the New Freedom plant for all futuredevelopments in this area must be secured privately by landowners, developers,or other interested parties through Shrewsbury Borough's sewer authority.

Appendix B contains details concerning this agreement. Future development notserved by the Shrewsbury Borough's collection system is possible, but will becontrolled by the suitability of soils for on -lot septic systems and theTownship's zoning ordinance governing development in general and minimum lotsize in particular.

Glen Rock Treatment Plant

The sanitary sewage collection system for the Glen Rock Borough wastewatertreatment plant is currently limited to the Borough of Glen Rock and theSusquehannock High School. The Borough's 537 Plan Update, November 1989, (foundto be incomplete by the Bureau of Water Quality Management on March 14, 1990)

evaluated Glen Rock's wastewater treatment needs and determined the existingfacility should be adequate until 1994.

There are three areas in the Township with a history of malfunctioning on -lotseptic systems, or are known to have on -lot septic systems constructed to lessthan current PaDER standards, that are accessible to the Glen Rock sewage



J2 -collection system. These areas include approximately 100 homes in the Seitzland

area and the Glen RocflObilehothe Park near the Susquehannock High School, and71 homes in the Pine Street area on the southwest boundary of Glen Rock. These

areas are illustrated on Plat 6.

When the Glen Rock Treatment facility is expanded, or if capacity can be

purchased from other developers, the Township plans to provide public sewerservice to these areas. There is an existing private sewer line from theSusquehannock High School to Glen Rock owned by the Southern York County SchoolDistrict. This line has the capacity to convey wastewater from the mobile home

park and Seitzland as well. The Township expects to reach an agreement with theschool district to share this line when the Glen Rock treatment plant canprovide service to these areas The Township will develop detailed plans forthe Pine Street area collection system when wastewater treatment is available.Glen Rock is aware of the Township's wastewater treatment needs and hasaddressed this issue in the Glen Rock 537 Plan Update. The relevent sectionfrom the Glen Rock plan is included in Appendix C.

Federal Construction Grants and the Chapter 94 Wasteload Management Program

The Township is not involved in any federal construction grant programs. Also,

the Township does not operate any wastewater treatment facilities, so does notparticipate in the Chapter 94 Wasteload Management Program.

Comprehensive Water Quality Management Plan

The Comprehensive Water Quality Management Program (COWAMP) recommends that asdevelopment in Shrewsbury Township and the various boroughs proceeds,

consideration be given to phasing out the Glen Rock treatment plant and

conveying wastewater to the New Freedom plant with a lift station and forcedsewer line. This alternative was also mentioned in the York County 537 Plan,June, 1972. However, these recommendations were tentative and the ShrewsburyTownship Comprehensive Plan, July, 1980, states "that it is not feasible orreasonable to pump the sewage flow from Glen Rock to the New Freedom plant" andrecommends an expansion of the Glen Rock plant when wastewater flows reach plantcapacity (page 33). In addition, both the Glen Rock and New Freedom Act 537Plans agree that the Glen Rock facility should be expanded rather that

abandoned.

The COWAMP study also mentions two non -municipal treatment facilities located atthe Oriole Manor Mobilehome Park and Heritage Farm development. Neither havetreatment plants. Oriole Manor has a community on -lot septic system designedfor more than 50 homes. Zoning restrictions limit the size of this developmentto about 13 trailers. These trailers are rental properties on large lots withpublic water. The Heritage Farm development has individual on -lot septic

systems.

The section of the COWAMP study relevent to Shrewsbury Township is included inAppendix D.

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1.2 Municipal and County Planning Documents

1.21 & 1.22

Municipal and county planning documents and maps developed under the

Pennsylvania Municipalities Planning Code Act 247 relating to Shrewsbury

Township include:

- The Shrewsbury Township Comprehensive Plan

- The Shrewsbury Township Subdivision and Land Development Ordinance

- The Shrewsbury Zoning Ordinance and Zoning Map- The York County Comprehensive Sewer Study, Phase 2, June, 1972

- York County General Land Use Plan Map

Both the County and Township development plans agree that planning for the areashould enhance agriculture as the areas primary economic activity. The County's

land use plan and the Township's Zoning Ordinance and Map reflect this planningphilosophy and direct land development to the Boroughs of Glen Rock and

Shrewsbury. The only discrepancy between the two land use plans is the Countyplan would allow growth around all of Shrewsbury Borough and Township zoningrestricts development to southeast of the Borough. Both plans show the rest ofthe Township to be agricultural or conservation districts.

1.23

There are seven areas in the Township zoned for development (see Zoning Map,Plate 1). Three of these have already been discussed, the Pine Street andSeitzland areas, and the area southeast of Shrewsbury Borough. The other four

areas include the Centerville area northwest of Glen Rock and zoned villagecenter, and the area west if 1-83 at the northern end of the Township zonedindustrial and highway commercial, and two areas along the border with Marylandzoned suburban residential.

The Township's public sewer plans for the Pine Street and Seitzland areas aswell as the area southeast of Shrewsbury Borough have been discussed in Section1.11.

On -lot septic systems treat wastewater from the present development in theCenterville area and there are no reports of malfunctioning systems. When the

Glen Rock WWTP is expanded, the remaining portions of the Centerville area couldbe developed with public sewer service. When Glen Rock develops plans to expandthe treatment facility, sewer service can be extended to this area under anarrangement similar to the agreement currently in place with the ShrewsburyBorough's Sewer Authority.

Wastewater treatment from the Industrial and Highway Commercial Zones parallelto 1-83 is the responsibility of the developer. At present, the only

development in this area is the Exit 2 Industrial Park, located in the extremenorthwest corner of the Industrial Zone and consists of a mini -storage facilitywith no offices, a future body shop, and one vacant lot. A private communitysewage system in Springfield Township will eventually treat the wastewater fromall three lots.

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The two suburban residential zones on the Maryland border reflect previous

residential development prior to the adoption of the zoning ordinance. No

public sewer is contemplated for these areas. Sewage planning for any future

development is controlled by minimum lot sizes for on -lot water and sewer

service as well as Pa DER regulations for septic field design.

1.24

The Shrewsbury Township Zoning Ordinance establishes the minimum lot size for

residences as follows:

- single family detached dwellings with on -lot sewer and water, 40,000 sq. ft.

- single family detached dwellings with wither public water or sewer, 20,000 sq.

ft.

- duplex dwellings with either public water or sewer, 24,000 sq. ft.- Where both off -lot water and sewer is available:

single family detached homes, 12,000 sq. ft.duplexes, 15,000 sq. ft.row houses, three or more, 40,000 sq. ft.

min. site area per D.U., 3,500 sq. ft.multi -family, three or more, 40,000 sq. ft.

min. site per D.U., 3,500 sq. ft.

1.25 & 1.26

All approved subdivisions and their locations are included in Appendix E. The

total number of units and the number of completed units is also included. The

Township has no information regarding the various developers schedule for

development.

1.27 & 1.28

Article IX, Section 9.10 Flood Plain Regulations, in the Zoning Ordinance,controls land development by providing restrictions in all zoning districts for

all nonagricultural uses. Flood -prone areas are those areas identified assubject to flooding from the 100 year storm event as established by the FederalInsurance Administration Flood Insurance Study. Stormwater management for all

developments is regulated by the Township's Subdivision and Tmnd DevelopmentOrdinance, Article 600, Section 613. Stormwater Detention Basins.

1.29

There are no public ground water or surface water supply sources used by theTownship. Although wells in the Township are used by the various waterauthorities serving the four boroughs in the Township, there is no knownsignificant water degradation attributable to wastewater treatment practices.The Township sampled 143 wells in the spring and summer if 1990. The location

of these well tests and the results are contained in Appendix F.



There are no recreational water use areas in the Township

The Township has a stringent groundwater recharge regulation (Zoning Ordinance,

Article 400, Section 402 (2)) limiting the size of a development to the ground

water recharge rate of the tract during drought conditions.

There are three areas of the Township zoned for industrial use. Two of these

sites, both east of the Borough of Shrewsbury, have access to public sewerfacilities. At the third site, west of 1-83 and discussed in Section 1.23, itis the developer's responsibility to provide for wastewater treatment before the

Township grants subdivision approval. Regarding water use, all industries would

have to satisfy the above referenced ground water recharge regulation.

1.3 Wastewater Treatment Consistency with other Environmental Plans

1.31

Shrewsbury Township does not own or operate any sewage treatment facilities, nordoes it have a sewer authority. The only municipal treatment facility withinthe Township, the Glen Rock wastewater treatment plant, is owned and operated bythe Glen Rock Sewer Authority. The New Freedom WWTP, serving the Boroughs ofNew Freedom and Shrewsbury, as well as a small portion of the Rail Road Borough,Shrewsbury and Hopewell Townships, located in Rail Road Borough. Both plants

are located on the map titled "Existing and Future Sewer Service Areas", Plate4. As mentioned in Section 1.11, capacity at the New Freedom plant is currentlybeing expanded and capacity at the Glen Rock plant should be adequate for GlenRock Borough until 1994. Also previously mentioned, the tentative

recommendation by the Comprehensive Water Quality Management Plan to abandonrather than expand the Glen Rock plant has been discarded by all the

municipalities concerned.

1.32

The overalland well testwastewater treatment methods. The Statethe South Branch of the Codoruscontribution to this problem is

wastewater treatment practices.ordinance, erosion and soil control measures enforced byService, and sewage systems designed according to Pa

enforced by a certified enforcement officer,antidegradation objectives.

1.33

environmental quality of the environment in the Township is good,results indicate no watershed degradation can be attributed to

Water Plan for subbasin 7 does identifyas polluted, but the Township's

agricultural activity rather that

than the storm water managementthe Soil ConservationDER regulations and

Township has nosewage

CreekfromOther

the

The Township does not operate any wastewater treatment f ilifi c end so doesnot participate in the Chapter 94 Municipal Wastewater Management Plan.

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1.34

The Township does not provide public water and so does not have a waterallocation level, nor is it concerned with yield or allocation deficiencies,storage capacity, treatment deficiency or filtration plant capacity, or otherconcerns of public water suppliers. However, as mentioned in Section 1.29, theTownship does have a groundwater recharge rate regulation intended to protectthe ground water supply of existing wells and to prevent future development fromexceeding the ground water recharge rate during drought conditions.

1.35

There are no mining activities in the Township and no areas have beenspecifically identified as unsuitable for mining or quarry operations. However,zoning regulations provide certain controls over this type of activity.

1.4 Residential, Commercial, and Industrial Growth Areas and WastewaterTreatment Facilities

1.41

As discussed in the Final Plan Recommendation, agriculture is the primaryeconomic, activity in Shrewsbury Township, and preserving the necessaryenvironment for agricultural activities has been the first priority for allTownship development planning. Through zoning restrictions and by limiting theavailability of public sewer services by placing this responsibility in theprivate sector, the Township has controlled the growth rate, thereby assuringcompatibility between the growth rate and wastewater treatment facilities.

1.42 & 1.44

The current population estimate for the Township, based on preliminary figuresfor the 1990 census, is 5,146. The 1995 and 2000 population estimate is 5,487and 5,830 respectively, and has been obtained from the York County PlanningCommission Office. These estimates are compatible with existing and futurewastewater treatment facilities.

2 Physical Description of the Planning Area

2.1 Physical Characteristics

2.11 through 2.15

The Township Zoning Map is on Plate 1. Base mapping and wastewater treatmentplanning is identified on Plate 2. County, municipal and borough boundaries,and local agency boundaries are on Plate 3. Sewer authorities boundaries within

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the Township are limited to the Shrewsbury Borough sewer lines serving theTownship. This area is identified on Plate 4. All streams and major drainagebasin maps are identified on Plate 5. The Township has no major bodies ofwater.

2.2 Soil Suitability for On -lot Sewage Disposal

2.21

Plate 6, soils unsuitable for on -lot septicthe Township where on -lot septic systemslimitations. However, this map is onlyindividually evaluated for the appropriatedesign.

systems, identifiesare inappropriate

a guide, andseptic system

2.3 Geological Features of Shrewsbury Township

thosedue

all sitestype, if

areas into soilmust be

any, and

Shrewsbury Township is physiographically located in the upland section of thePiedmont province of the Appalachian Highlands. The rocks in this upland arelargely schists and quartzites, which resist erosion.

Rocks inperiod.chloritegeologic

2.31

the southeastern upland region probably date back to the pre -CambrianThe Wissahickon formation beneath the Township is dominantly an albite-schist and includes enfolded quartzite. Plate 8 identifies the majorfeatures of the Township.

Although the Wissahickon formation is fairly impermeable, there is a possibilityof nitrate -nitrogen pollution, primarily from agricultural runoff.

2.33

According to the Water Resources Report Number 92, 1977, published by theCommonwealth of Pennsylvania, the Wissahickon formation is a fairly good sourceof water. Wells drilled into the formation can usually be depended upon toobtain sufficient water for domestic use. The median yield for such wells isten gallons a minute.

Although weathered rocks of this formation are dense and lack porosity,jointing provides openings for the storage and circulation of water. Inaddition to jointing, the Wissahickon formation has been faulted in many placesand these fault planes provide additional storage capacity. Consequently, theWissahickon formation provides moderate to relatively large supplies of waterfor the Township.

2.34

There are no areas that provide recharge to designated qp_Pvi-n1 noquiPnrs in theTownship.

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2.4 Population Information and Sewage Facilities Needs

2.41 through 2.42

Neither the State nor the State Water Quality Plan have population projections

for Shrewsbury Township. To the extent that projections are required, the

Township relies upon County estimates referred to earlier.

2.44

Previous population projections for the past five and ten years do not support

the need to reevaluate population projections. In fact, the County's projected

population figure for 1990 was within 10 people of the preliminary U.S. census

figure.

2.45

Data relating to undeveloped lots in the Township are included in Appendix E.

As mentioned in section 1.25, the Township has no information regarding

projected buildout rates,

2.46

Many of the factors that will promote or discourage population growth have been

discussed elsewhere in this report. Except for isolated areas within the

Township, public sewer service is the responsibility of the private sector. The

Township anticipates no zoning changes or major interstate highway construction.

Generally speaking, soils in the Township are suitable for on -lot septic

systems. There are no areas in the Township which lack adequate ground water

for development.

3 Evaluation of Existing Wastewater Facilities

3.1 through 3.25

Except for the Glen Rock wastewater treatment plant, owned and operated the Glen

Rock Sewage Authority, there is no municipal or nonmunicipal wastewater

treatment systems in the. Township. As mentioned in Section 1.11, the COWAMP

study mistakenly identifies two non -municipal treatment facilities. The Oriole

Manor has a community on -lot septic system, and Heritage Farm relies upon

individual on -lot systems.

The only conveyance systems in the Township are sewer mains owned and operated

by the Borough of Shrewsbury serving the area southeast of that Borough, and the

private line owned by thee Southern York School District from the Susquehannock

High School to Glen Rock. The Township is not involved in either of these

collection systems. All these sewer lines are shown on Plate 4, the "Existing

and Future Sewer Service Area" map_

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3.31 through 3.4

All on -lot sewage disposal systems are located on Plate 9, the "On -lot Septic

Field Locations" map. The only community on -lot system is in the Oriole Manordevelopment in the southeastern corner of the Township. The on -lot systems withidentified public health or pollution problems are identified on Plate 6. The

Township is not aware of any unpermitted collection and disposal systems.

3.5

With the exceptions of the Glen Rock and New Freedom Wastewater treatmentplants, no sludge is generated in the Township. The appropriate authorities areresponsible for sludge handling at Glen Rock and New Freedom treatmentfacilities.

4 Evaluation of Wastewater Treatment Needs

4.1 through 4.13

Except for the areas zoned for development near Glen Rock and ShrewsburyBoroughs, all development in the Township is dependent upon subsurface disposaltechnology. All development outside the "urban" centers will be very limited bythe Township's Zoning and Subdivision and Land Development Ordinances. Thenumber of lots permitted in agricultural zones is controlled by Section 5.04 ofthe Zoning Ordinance and is designed to preserve farmland. Section 4.04 of theZoning Ordinance limits the number of lots in conservation zones.

4.2 Malfunctioning On -Lot Subsurface Sewage Disposal

4.21 through 4.24

With isolated exceptions, the only areas wlot systems are in the Pine Street area,Park, and, to a lesser extent the KeeneySee Plate 6, "Malfunctioning On -Lot Septic

Systems

ith indications of malfunctioning on-Seitzland, the Glen Brook Mobilehomedevelopment near Shrewsbury Borough.Systems".

4.3 On -Lot Sewage Systems and Unsuitable Soils

4.31

Plate 7, "Areas with Soil Limitations for On -Lot Sewage Disposal", identifiesareas unsuitable for on -lot septic systems.

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4.32

Appendix 7 contains test results for weir samples taken in the Township.

4.33

Generally, the soils in the Township are suitable for on -lot septic systems.However, each site must satisfy Pa DER regulations before building permits areissued. Since the Township follows Pa DER regulations in this regard, the

potential for ground water contamination is dependent upon Pa DER regulations.

4.4 On -Lot Sewage System Malfunctions

4.41 through 4.45

The Township, through a certified sewage enforcement officer, has identifiedareas with evidence of malfunctioning on -lot septic systems. In the majority ofcases where the system actually failed, failure resulted from systems that wereinstalled when regulations were less stringent, or they have reached the end oftheir useful life. When possible, malfunctioning systems are rebuilt to bringthem into compliance with current regulations. However, many of these systemsare on lots too small to meet current criteria. The Township is committed toproviding public sewer service to these areas.

4.5 Illegal Sewage Disposal System

4.51 and 4 52

As mentioned in Section 3.4, the Township is not aware of any illegal sewagesystems.

4.53

See Sections 3.2, 4.2, and 4.4.

4.6 Federal Construction Grants Program

As discussed in Section 1.11, the Township has not participated in any FederalConstruction Grants Program.

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4.7 Township Programs and improperly Sited or Installed Systems

Since on -lot septic systems treat wastewater for most of the Township, theTownship relies upon Pa DER regulations and the certified sewage enforcementofficer to properly site and install sewage disposal systems.

III Alternative Evaluation

5.1 Identify and Analyze Alternatives

5.11

As discussed in Section 1.41, not only does the Township notor treatment systems except for isolated areas associatedShrewsbury Boroughs, development of such systems wouldplanning objectives for development within the Township.discussion of alternatives to facilities that do not existis not applicable to Shrewsbury Township.

5.12 through 5.16

have any collectionwith Glen Rock andcontradict current

Consequently, a

and are not planned

The Township plans to continue to rely upon individual and community subsurfacesewage disposal systems, not as an alternative, but as a primary wastewatertreatment strategy. Soil suitability and system design will be based upon PaDER regulations governing on -lot systems and enforced by the certified sewageenforcement officer. The Township has no plans to establish an agency or othercontrol over the operation and maintenance of on -lot systems.

As the Township learns of malfunctioning on -lot systems, the repair,replacement, or upgrading will be required in compliance with the requirementsof Chapter 73. The Township will consider small flow sewage treatmentfacilities, land treatment alternatives, or package treatment facilities toserve individual homes or clusters of homes as well as holding tanks to theextent these systems solve future waste disposal problems and are compatiblewith relevent regulations. However, the Township does not anticipate assuming aleadership role in this area, nor does it anticipate that these systems will bewidely used in the Township.

5.2 Sewage Management Program Alternatives

5.21 through 5.26

The Township has no plans to

disposal systems, scheduled maior assume ownership or controlon -lot sewage disposal systems,

require scheduled inspection of on -lot sewagentenance of septic and aerobic treatment tanks,over the operation and maintenance of individualsmall flow treatment facilities or non -municipal



treatment facilities. The Township will continue aggressive enforcement ofregulations and ordinances which require proper operation and maintenance ofsystems to prohibit system malfunctions and require the repair, replacement, orupgrading of malfunctioning on -lot sewage systems. In addition to cooperatingwith the sewage enforcement officer, the Township issues building permits whichpermit building sites to be generally inspected including inspections formalfunctioning systems. The Township has no plans to establish a joint

municipal sewage management program.

5.3 Non -Structural Comprehensive Planning Alternatives

5.31 through 5.34

Shrewsbury Township has devoted extensive thought to developing a ComprehensivePlan that clearly identifies planning objectives and a framework to realizethose objectives. Both the Township's Subdivision and Land DevelopmentOrdinance and Zoning Ordinance have been developed to fulfill the goals of theComprehensive Plan. Township planning objectives and the regulations governingland development have been challenged and upheld by the Pennsylvania SupremeCourt, and planning in Shrewsbury Township has become a model for the rest ofthe state. The Township is satisfied with its development policy and does notanticipate alternative planning.

5.4 Existing Local Agency Program

5.41 and 5.42

The local agency program as administered in conjunction with the sewageenforcement officer currently meets the administrative and enforcementrequirements of the Township associated with wastewater management.

5.5 Alternative Evaluation

5.51 through 5.59

As discussed in Section 5.11, Shrewsbury Township does not have wastewatertreatment facilities and the development of these facilities would contradictthe Township's planning objectives. There are no alteLnatives to the currentdevelopment policy regarding wastewater treatment facilities.

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6 Institutional Evaluation and Recommended Alternatives

6.1 Public and Governmental Authorities

The only organization or governmental authorities presently providing wastewatertreatment services to the Township are the Shrewsbury Borough Sewage Authorityand Pa DER through the sewer enforcement officer.Present wastewater treatmentand future reserve capacity at the New Freedom wastewater treatment plant forwastewater produced by the Township is provided through Shrewsbury Borough. The

Township has no direct contact with New Freedom Borough for this service. TheTownship works with a certified sewage enforcement officer to enforce on -lotseptic system regulations. When the Glen Rock wastewater treatment plant isexpanded, the Township will enter into a relationship with Glen Rock similar tothe relationship with Shrewsbury Borough.

6.2 Evaluation of Existing Wastewater Treatment Authorities

6.21 through 6 28

As stated previously, Shrewsbury Borough Sewer Authority is the only agencyperforming any wastewater treatment related services for the Township. TheTownship's involvement with this authority is to facilitate expanding theBorough's sewer system into areas zoned for development and accessible to theBorough's collection system. The Township has not investigated the authoritiesindebtedness, borrowing potential, staff or related administrative resources, orother necessary aspects required to provide sewage collection services. Pa DERis better qualified and positioned to make these determinations.

6.3 Institutional Alternatives

6.31 through 6.33

As discussed elsewhere, the Township does not have alternatives, institutionalor otherwise, to the Comprehensive Plan. Regarding the treatment of wastewater,there are no existing or proposed organizations specifically dealing withwastewater in the Township, nor is there a need to develop new authorities withspecific responsibilities.

6.4 The Chosen Alternative with Justification

As already discussed, the Township has not developed alternatives to currentwastewater treatment practices. The Township plans to continue with the presentpolicy because it is meeting the Township's planning objectives withoutdegrading water quality or posing a threat to public health.

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6.5 Completed Administrative and Legal Activities

6.51 through 6.54

The Township Comprehensive Plan states the planning objectives for the Township.

The Township's Subdivision and Land Development Ordinance and the Zoning

Ordinance contain the regulations necessary to carryout the goals of the

Comprehensive Plan.

7 Selected Wastewater Treatment and Institutional Alternatives

7.1 Institutional and Technical Alternatives

7.11 through 7.14

Sewage needs other than on -lot septic systems are limited to the Glen Rock and

Shrewsbury Borough areas. The treatment facilities of these boroughs are or

will be sufficient for Township needs. The technical, administrative, and

financial needs are the responsibilities of the respective authorities operating

these plants.

7.15 and 7.16

Both the five and ten year plan concentrated growth areas are primarily in the

area southeast of Shrewsbury Borough and, to a lesser extent, Glen Rock.

8. Implementation

8.1 Implementation Schedule:

inspection of all on -lot septic systems:

The Township will initiate an inspection program of all on -lot septic

systems within 45 days of approval of the Township's Act 537 Plan.

The Township will be divided into five sections and the inspection

program will be completed in five years.

Keeney and Forest Lake developments public sewer service:

Sewage from these developments will be treated at the expanded New

Freedom treatment plant, scheduled for completion in August of 1994.

If construction stays on schedule, the Township will provide public

sewer to these developments in the summer of 1995.

-17-



Pine Street and Seitzland Areas:

These areas will be included in the first section of the Township

scheduled for the on -lot septic systems inspection program. The

Township will provide public sewer to these areas when capacity is

expanded, if infiltration can be reduced, or if capacity can be

reallocated to the Pine Street or Seitzland areas. The Township must

rely upon DER to force Glen Rock to expand the treatment plant or

reallocate capacity.

Implementation of Ordinances:

A Well Drillers Ordinance, amendments to the Subdivision and Zoning

Ordinances requiring capped sewers in certain areas, and an ordinance

regulating the transfer of dwelling lots, pumping of on -site sewage

disposal systems, and providing for penalties for violations thereof

(on -lot management ordinance) will be adopted within 45 days of

approval by the Department of the Township's Act 537 Plan. Copies of

each propossed ordinance or amendment are included in Appendix.

-18-



APPENDIX A.iANITARY SEWER COLLECTION SYSTEM PROPOSALFOR KEENEY AND FOREST LAKE DEVELOPMENTS



KEENEY DEVELOPMENT

I A

A. FINAL PLAN RECOMMENDATION

The chosen alternative for the project is as follows;

COLLECTION SYSTEM

1. The purposed collection system will be as shown onthe enclosed mapping. A section of Church Streetwill use grinder pumps to serve three EDUS. Thissection of Church Street and a section of KeeneySunset Drive ( a total of 18 EDUS ) will have togo to a small grinder pump liftstation.preliminarly on lot No. 6. the rest of thecollection system will drain by gravity to theDeer Creek lift station.

WASTE WATER TREATMENT PLANT

The sewage will be conveyed via the Deer Creek liftstation to the existing New Freedom Waste WaterTreatment Plant.

1. The Deer Creek Lift station pumps at the rate of850 gpm and has sufficient capacity to trceive theflow from the project which is estimated at 30,000gallon per day.

2. The New Freedom Waste Water Treatment Plant hasCapacity for the project and is presently goingunder an update and expansion.

A. CONSTRUCTION COSTS ESTIMATES

GENERAL

The construction costs that follow are derived fromrecently bid projects, Means Construction Cost Guide,and manufactures cost estimates. It must be recognizedthat the costs quoted here in are estimated and that"REAL TIME" costs will not be available until] theproject has rec eyed bids.



COLLECTION SYSTEM COSTS

The system is estimated using existing area mapping,

and the fact that only first floor service will be

provided. It is estimated that six (6) houses that willrequire grinder pumps. these pumps will be suppliedand maintained by the Township.

Assume SDR-35 pipe with 2RC containment.

DEPTH LINIAL FT.

0-6'61-8'8' -10'

7,0002,9001,000

COST /FT. EXTENDED COST

$13.00$13.50$14,00

COLLECTION SYSTEM COSTS (CONT)

$ 91,000$ 39.150$ 14,000

SUB TOTAL $144,150

MANHOLESASSUME 250 VERT.FT @ $100 /VERT FT $ 25,000

MANHOLE LIDS AND FRAME33 UNITS @ $200 EACH $ 6,600

6" LATERALSASSUME 20 FT./ LATERAL 100 UNITS @ $12.00/LF $ 24,000

X 6" WYE 100 X $35.00 $ 3,500

6" 45DEG. BEND 100 X $15.00 $ 1,500

6" PLUG 100 X $ 6.00 600

GRINDER PUMPS COMPLETE (6 UNITS @ $ 5,000) $ 30,000

FORCE MAIN FOR GRINDER PUMPS;400 LF @ $11.50 $ 4,600

FORCE MAIN 4 INCH 560 LF @ $22.00 $ 12,320

PAVING [10,900 LF X3'WIDE /9]X $11.50/SQ.YD $ 41,784

MISC $ 7,996

TOTAL $302,050



LIFT STATION

A lift station will be required for an estimated 18homes at the Southern end of the project. This liftstation will be located on lot No. 6. the station willbe a twin alternating submersible slide rainpump typestation. The station valves will be located in a valvebox exterior of the wet well unit ( see the enclosedDrawing).

The estimated cost for the lift stationcomplete in -place is;

PROJECT CAPITAL COST SUB TOTAL10% contingency

TOTAL CAPITAL COST

$ 70,000

$ 372,050$ 37,200

$ 409.250



I A

PROJECT ENGINEERING COST ESTIMATES

TASK COST ESTIMATEDESIGN $ 33,000CONSTRUCTION MANAGEMENT $ 28,000CONSTRUCTION STAKE -OUT $ 8,000RATE STUDY $ 5,000R/W SURVEY AND PROPERTY PLATS $ 5,000DESIGN SURVEY $ 15,000BID AND PRE -CONSTRUCTION ACTIVITIES$ 5,000

ESTIMATED TOTAL $ 99,000



B

FINANCIAL AND LEGAL COSTS

The financial costs are projected at this time to be

$30,000. This cost will become a "REAL COST" when theproject enters the finincing phase.



1 B - 1

I. COST OF PROJECT AND USER FEES:

CONNECTIONS

1991CONNECTIONS PER YEARTOTAL CONNECTIONSTOTAL BILLING UNITS

DEBT SERVICEO & M

100100

ANNUAL COST

$ 25,854$ 5,700

TOTAL $ 31,554

CONNECTION FEEFEE INCOMESEWER RENTAL

ANNUAL INCOME

$ 2,000$200,000

$ 40,000 ASSUMING $ 8,446 for treatmentcharges

TOTAL INCOME $ 40,000

ASSUME 1. 8% INTEREST RATE2. $400.00 YEARLY RENTAL PER BILLING UNIT3. CONNECTION FEE TO BE USED IN PROJECT FUNDING

NOTE: THE CONNECTION FEE WILL BE SPENT IN PROJECTCAPITAL COSTS, AS WILL ANY OTHER METHODPRODUCING $2,000 PER CONNECTION.



ADMINISTRATON COSTS:

ITEM

INSPECTOR

I C

COST ESTIMATE

$ 20,000

TOTAL ESTIMATED COST $ 20,000



I D

OPERATION AND MAINTAINCE COSTS

The following represents the estimated yearly operation andmaintaince costs

ITEM COST ESTIMATE

WAGES AND BENEFITS ONE MAN PART TIME

POWERREPLACEMENTS

$ 5,000

500200

0 & M SUBTOTAL $ 5,700

BOND SERVICEESTIMATED BONDING $ 308,300ESTIMATED INTEREST 8%UNIFORM CAPITAL RECOVERY FACTOR40 YEARS 0.0838602

BOND SERVICE SUBTOTAL $ 25,854

TOTAL YEAR OPERATIONAL EXPENCE $ 31,554



32

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[06-B/29660A]

FOREST LAKE DEVELOPMENT SEWER COT.T.FCTIONSYSTEM FEASIBILITY STUDY

There are approximately 48 lots in the Forest Lake development that currently

use on -lot septic systems. A few homes currently have access to public sewerand the Township will require that they connect to the existing sewer system.The Township will construct gravity sewer mains to provide public sewer to the

remaining portion of the development currently without public sewer service.Although most homes can be served by gravity, a few sites will require grinder

pumps.

The costs associated with the collection system are estimated

Construction Costs:

Gravity Sewer Mains (2,600 ft. @ $25.00/ft.)Grinder Pumps Complete - 10 units @ $5,000

to be:

$ 65,00050,000

9,000Gravity laterals, assume 20 feet,

38 laterals @ $12/L.F.

Engineering Costs:

Design $ 8,000

Construction Management 5,000

Construction Stake Out 2,000

Rate Study 1,000

R/W survey and property plates 1,000

Design Survey 5,000

Bid and construction activity 1,000Sub Total $ 147,000

Financial and Legal Costs5X of construction and engineering costs 7,000

Sub Total $ 154,000

Connection Fee Contribution to cost of systemAssume $2,000 per hookup, 48 connections $ 96,000

Initial cost of sewer system $ 58,000



Bond Service

Estimated bondingEstimated interest 8%

$ 58,000

Uniform capital recovery factor for 40 yearsof debt service, 0.0838602 annual bond service 4,863.90

Annual operating and maintenance costs $ 1,000

Total annual costs $ 5,863.90

Cost per customer 122.20/year





APPENDIX BSEWAGE SERVICE PROVIDED BY

THE SHREWSBURY BOROUGH SEWER AUTHORITY



[06-B/29660]

SUMMARY

As a consequence of the planned expansion of the New Freedom WTI' and to

facilitate regional planning for wastewater treatment, PA DER requiredShrewsbury Township to evaluate the Township's need for reserved capacity at thenew wastewater treatment facility. This new treatment plant will directlybenefit only a small minority of Township residences, and so the cost of thisfacility should not be borne by the general taxpayers of Shrewsbury Township.Therefore, every landowner owning land which is zoned for development and whichhas the potential for utilizing the expanded wastewater treatment facility wascontacted by the Township to determine if the landowner desired the Township toreserve wastewater treatment capacity at the new facility.

BThe remainder of Appendix $' includes:

- The letter sent by the Township to each affected landowner.

A sewer account identifying who reserved treatment capacityand the amount reserved.

- The agreement between the Borough of Shrewsbury and ShrewsburyTownship for the Borough to provide public sewer service tothe Township.

- The agreement between the Borough of Shrewsbury, ShrewsburyAuthority, the Borough of New Freedom, and the New FreedomAuthority for the required reserve capacity at the New FreedomWWTP for the Borough of Shrewsbury.



'\

SHREWSBURY TOWNSHIPYORK COUNTY .PENN9YLVANiA

R. D. 02 Box 2125raxxxmcgaixxammxxx GLEN ROCK, PA, 17821

September 7, 1989

Dear

You should be advised that the Township has been required bythe Pennsylvania Department of Environmental Resources to reviseits sewage facilities plan. The Township anticipates that as apart of this plan it will be required to provide for theinstallation of public sewers throughout the "Keeney" developmentwhere your property is located. As you may have read, the NewFreedom sewer treatment plant is in the process of planning forexpansion and the Township consultants have advised that it isunlikely that the Department of Environmental Resources willpermit the Keeney development to remain utilizing on -site sewagedisposal systems on relatively small lots when it is physicallyable to be connected to public sewer.

The Township has scheduled a meeting in the Township buildingon Monday, September 18, 1989 at 1:00 p.m. to which you areinvited. At this meeting we shall attempt to discuss the questionof whether the Township should plan to cause public sewers to beinstalled in this development add the possible financialimplications for you and your property.

We are hopeful that you are able to attend this meeting.

Very truly yours,

SHREWSBURY TOWNSHIP

GGM:pak.

Gilbert G. Malone,Solicitor



SHREWSBURY TOWNSHIPYORK COUNTY - PENNSYLVANIA

R. D. Y2 Box 2125PgrXX100216XX4MW(X

GLEN ROCK, PA. 17327

September 13, 1989

Dear

You should be advised that the Township has been required by

the Pennsylvania Department of Environmental Resources to revise

its sewage facilities plan. The Township anticipates that -as a

part of this plan it will be required to provide for the

installation of public sewers throughout the Forest Lakes

development where your property is located. While a portion of

this development is already connected to public sewer, much of it

is not and we anticipate being required to bring public sewer to

the presently unsewered portion of the Forest Lakes development.

As you may have read, the New Freedom sewer treatment plant is in

the process of planning for expansion and the Township consultants

have advised that it is unlikely that the Department of

Environmental Resources will permit the unsewered portion of the

Forest Lakes development to remain utilizing on -site sewage

disposal systems on relatively small lots when it is physically

able to be connected to public sewer.

The Township has scheduled a meeting in the Township building

on Monday, September 18, 1989 at 1:00 p.m. to which you are

invited. At this meeting we shall attempt to discuss the question

of whether the Township should plan to cause public sewers to be

installed in this development and the possible financial

implications for you and your property. Of course, if your

property is already connected to public sewer, you may disregard

this letter since it will not be applicable to you or your

property.

We are hopeful that you are able to attend this meeting.

Very truly yours,

SHREWSBURY TOWNSHIP


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SHREWSBURY TOWNSHIPYORK COUNTY - PENNSYLVANIA

R.D.42, Box 2125/1:X /C'K X1310 X X,IS E11,34.1C GLEN ROCK, PA. 17327

September 11, 1989

Dear

As you may have read, New Freedom -Borough is in the processof expanding its sewage treatment plant to allow for additionalcapacity. It is planned to be a regional plant to serve the needs

of not only New Freedom Borough but also Railroad Borough,Shrewsbury Township, Shrewsbury Borough and Hopewell Township. Itis proposed to be financed by a bond issue. Each municipalitywould he required to pay for its share of the bond issue.

Shrewsbury Township's share is estimated to be $1,700,000.00assuming the township agrees to reserve the projected gallonage

which would be sufficient to support 828 new homes or their

equivalent. The annual carrying charge of Shrewsbury Township'sshare is estimated to he $184,445.00

The Township Board of Supervisors do not believe that thisamortization cost should be borne by the general taxpayers ofShrewsbury Township, few of whom will ever benefit from the plantexpansion.

Therefore, the Township Supervisors have determined that theyshould write each property owner owning land which is zoned fordevelopment and which has the potential for utilizing the expandedpublic sewer system to determine whether the owner of such

property desires that the Township reserve any capacity in theexpanded sewage system for such owner's property. The Township isonly going to reserve such capacity as property owners desire it

to reserve and are willing to assume the cost of obtaining. Eachproperty owner who wishes to obtain capacity in the expandedpublic sower system must initially indicate to the Township thenumber of EDO's of capacity (one EDU is sufficient gallonage tosupport one single family dwelling), such property owner wishes



the TownshipTownship to reserve on his behalf. Each property owner must

support that request by making a deposit with the Township in the

amount of $500.00 for each EDU such property owner wishes reserved

for his use.

In order to retain such capacity reservation, each property

owner will be required to pay to the Township such property

owner's share of the amortization cost of the bond issue and to

pay a connection fee when connections are actually achieved.

Although bond issues have not been let and final costs have not

been determined, the best current estimates are that it will cost

approximately $260.00 per EDU per year as a carrying charge and

connection fees will he approximately $2,500.00 which will go

toward the payment of principal.

For example, if the Township reserved 828 units and 10 of

those were reserved for you, you would pay the Township $5,000.00

to reserve those 10 units for you. Assuming that you did not

actually use any of these units during the first two years

following the borrowing of the money to build the expanded plant,

your carrying charges would be approximately $2,600.00 each year.

Your $5,000.00 deposit would more than cover your first year and

would cover all but $200.00 of your second year charge. Following

the second year, you would have to pay 52,600.00 to the Township

each year until you use the capacity. (The $260.00 per unit

estimated carrying cost may actually be somewhat different). Of

course, after you connected your 10 units to the sewer and used

the capacity, you would no longer pay to the Township any fees to

reserve that capacity. However, you would pay the connection fee

which the Township currently estimates will be $2,500.00 in order

to pay your share of the principal cost of the project. Of course,

if you chose to utilize your capacity prior to your initial

deposit having been comsumed in carrying charges, that deposit or

balance thereof could be applied in reduction of your connection

charges.

Enclosed is a form to be returned to the Township with your

check covering the number of units of capacity you desire that the

Township reserve on your behalf. We would appreciate your

returning this form even if you do not intend to reserve any units

of capacity. This form, together with your check covering the

units of capacity you wish to reserve, must be received by the

Township on or. before October 9, 1989. You must be aware that

neither you nor any future owners of your property will be able to

connect to the expanded public sewer system if you have not

reserved capacity. You should also be aware that it is not

anticipated that there will be any further expansion of the New

Freedom sewer treatment plant for at least 20 years. Further, it

is very unlikely that the Pennsylvania Department of Resources

will permit you to develop your property utilizing on -site sytems



- 3 -

when you had the opportunity to make provision for public sewerbut failed to do so.

There will be a meeting at the Township building to discussthese matters on September 18, 1989 at 3:00 p.m. You areencouraged to attend that meeting and discuss these matters. TheTownship Supervisors, planning consultant and Solicitor will be atthat meeting and will attempt to give you as much guidance anddirection as possible.

Very truly yours,

SHREWSBURY TOWNSHIP


GGM:pak



2

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-SEWER-ACCOUNT

1,

Date Name Amount Deposited_ units

Rec'd

. 'beaks

le

, C.010/ /8 ICing-& Sanders_Cambria Col13408 Jarrettsville PikePhoenix, MD 21131 4 EDUTS

(lots 23,-24, 25,-26)

-Dnnald T Tr g. ftipm. 7niin/W'43225 Bull RoadYork, PA 17404 #1019 be

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(per ltr. from solicitor) 10

$. I

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_0/20/S t Ralph L & Filen L. Olson7825 Bellona AvenueBaltimore71.0 21204(for let 91 3 92Lakeside Drive, Forest Lake

-

,4 yobec Jii.5

1710/23 King & Sanders Cambria Corp(see address above)for-8-additionaI-EDU-units-

1 for lots 23, 2L, 25, 26

i

500nee

00 PhGIT X-- -710/27/ 9 Bernard Dappie

3660 Gutman Ave.Balta., MD 21218-

ARD-2,-Box-144; Windy Hill5 Ad, New Freedom)

6

7 Il/3/8*

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(BI,3)

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Carrie A. MillerRichard Miller

i89-1711-44 Ei-High St.New Freedom, FA.A -zone -- 'see letter

e

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Cankhdit-a-c___

, 1

II 11/3/(BJ,77

:2----

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1 1/7/89

, 83 Induatrial,Corp.

#89-170hy:-Donfild B. Smith:A7zone -- see letter

Charles W. Rehmeyer, Sr,

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Naomi M. RehmeyerWindy Hill RDRD 2,.Box 90, New Freedom

Charles W. Rehmeyer, Sr.

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Paul L.

Pace Resources

Re Di enna-XibbeR. D. 2, Box 114New Freedom, PA 17349

Aaron Margolis



JCC/Ias * * * 308-1.AGR

AGREEMENT

THIS AGREEMENT, dated for convenience as of the Ag-

day of , 1990, by and among SHREWSBURY BOROUGH

MUNICIPAL AUTHORITY, a municipality authority, organized and

existing under the laws of the Commonwealth of Pennsylvania,

hereinafter referred to as "Authority", SHREWSBURY BOROUGH, a

municipality, organized and existing pursuant to the laws of the

Commonwealth of Pennsylvania, hereinafter referred to as

"Borough", and SHREWSBURY TOWNSHIP, a municipality organized and

existing pursuant to the laws of the Commonwealth of

Pennsylvania, hereinafter referred to as "Township".

WITNESSET H:WHEREAS, the parties hereto previously entered into an

Agreement dated February 4, 1987, whereby Authority and Borough

agreed to provide public sewer service to certain limited areas

within Township as set forth therein, a copy of which Agreement

is attached hereto as Exhibit "A" and incorporated herein by

reference (hereinafter referred to as the "Service Agreement");

and

WHEREAS, Authority and Borough have entered into an

Agreement with New Freedom Borough Authority and New Freedom

Borough dated for convenience as of June 1, 1990, providing for

the upgrading and expansion of the existing sewage treatment

plant owned and operated by New Freedom Borough Authority,

establishing certain requirements, teams and conditions with

respect to the receipt and treatment of sewage wastes at said

treatment plant and providing for the allocation of the



additional capacity in said treatment plant among New Freedom,

Shrewsbury and Railroad as provided therein, a copy of which

Agreement is attached hereto as Exhibit "B" and incorporated by

reference herein (hereinafter referred to as the "Treatment Plant

Agreement"); and

WHEREAS, a portion of the additional 655,000 gallons per day

of capacity allocated pursuant to the Treatment Plant Agreement

to Shrewsbury, namely 250,000 gallons, was requested by

Shrewsbury on behalf of Township; and

WHEREAS, the parties hereto now desire to enter into this

Agreement in order to clarify their respective obligations

arising out of the Treatment Plant Agreement with respect to the

250,000 gallons per day of capacity reserved by Borough on behalf

of Township and in order to clarify and modify the respective

obligations of the parties hereto as set forth in the Service

Agreement.

NOW, THEREFORE, the parties hereto in consideration of the

within Agreement and the mutual promises contained herein,

intending to be legally bound hereby, do covenant and agree as

follows:

1. Township represents that it has reviewed the Treatment

Plant Agreement attached hereto as Exhibit "B" and consents to

and acquiesces in the execution of said Agreement by Authority

and Borough as it relates to the 250,000 gallons per day of sewer

capacity to be allocated to Township thereunder, as clarified and

modified herein.

2



2. The parties hereto hereby ratify and affirm the Service

Agreement previously entered into by them which is attached

hereto as Exhibit "A", as clarified and modified herein.

3. It is agreed that all of the teLms and conditions of

the aforesaid Service Agreement shall continue to apply to all

existing customers within Township that are served by Authority

as of the date of the execution of this Agreement and shall also

apply to all additional customers within areas of Township that

are served by Township out of the capacity allocated to it

hereunder or served by Authority after the date of this Agreement

with the consent of Township as provided herein. However, it is

agreed that said Service Agreement is hereby modified to the

extent that Authority and Borough are no longer obligated to

serve new customers within Township out of the capacity allocated

in the Treatment Plant Agreement to Shrewsbury regardless of

whether or not such customers are within or outside of the

service area as defined in said Service Agreement, and further

that Authority and Borough shall serve no customers within

Township either inside of or outside of said service area after

the date hereof without the express written consent of Township;

provided, however, that this limitation shall not be deemed to

apply to any customers or areas where a written contractual

obligation exists with Authority to provide service to such

customers or areas as of the date hereof.

4. Of the additional 655,000 gallons per day of capacity

allocated to Shrewsbury under the aforesaid Treatment Plant

3



Agreement, it is agreed that a total of 250,000 gallons per day

is hereby allocated to Township, subject to all of the

provisions, terms and conditions as set forth in said Treatment

Plant Agreement, except as modified herein. Township shall have

the exclusive and sole right to determine how its capacity is to

be reallocated among customers and/or developers or property

owners. Once Township has determined that a particular property

or development is to be sewered out of the capacity allocated to

it, Authority shall have no right to refuse to provide public

sewer service to such property or development so long as Township

complies with all other terms and conditions set forth in the

aforesaid Service Agreement.

5. It is agreed that the 250,000 gallons of capacity

allocated hereunder to Township shall be under and subject to all

of the provisions, requirements, terms and conditions imposed

upon Shrewsbury pursuant to the aforesaid Treatment Plant

Agreement and all of the obligations imposed thereunder upon

Shrewsbury, with the exception of certain financial obligations

which are expressly provided for herein, and which are assumed by

Township with respect to and to the extent of the capacity

allocated to it.

Where the written approval of Shrewsbury is required

pursuant to Sections 3.02, 3.05 and 4.02B. of the Treatment Plant

Agreement, Shrewsbury will not give such written consent without

first having obtained the written consent of Township. In all

other cases where New Freedom is required to give Shrewsbury

4



written notice pursuant to said Treatment Plant Agreement,

Shrewsbury agrees upon receipt of such notice to promptly forward

a copy thereof to Township.

6. It is agreed that the obligations provided in Article

IV., Sections 4.01 through 4.05 of the aforesaid Treatment Plant

Agreement, dealing with the funding and payment of the debt

service in connection with the expansion of the Treatment Plant

shall apply to the capacity allocated hereunder to Township;

provided, however, that Township's share of said obligations

shall be determined by multiplying that portion of the total debt

service of Shrewsbury applicable to the expansion of the

Treatment Plant as determined in said Article IV. by a fraction,

the numerator of which is 250,000 and the denominator of which is

655,000 (or a multiplier of 0.3816793). In the event that

Authority, with the consent of Township, serves additional

customers after the date hereof, which were contemplated to be

served by Township out of its allocated share of the capacity,

then in such event Township's share of the debt service as

determined herein shall be reduced proportionately based upon the

number of gallons of capacity used or allocated to serve such

customers.

That portion of the debt service of Shrewsbury

applicable to the upgrading of the Treatment Plant as determined

in said Article IV. shall apply to the capacity allocated

hereunder to Township only if such debt service is not provided

for or recovered by Authority and Borough as a part of their

5



uniform rate structure applicable to all customers in Borough and

Township, including those customers served by Township out of its

allocated share of the capacity. If such debt service is not

recovered through the imposition of a charge as a part of the

uniform rate structure by Borough and Authority, then Township

shall pay its proportionate share of such debt service to Borough

and Authority, which share shall be determined by multiplying

such debt service by a fraction, the numerator of which is

250,000 and the denominator of which is the total capacity

allocated to Shrewsbury in the Treatment Plant, including the

additional capacity allocated to it resulting from the expansion

of said plant.

7. The provisions contained in Article VI., Sections 6.01

through 6.03 of the aforesaid Treatment Plant Agreement providing

for the creation of a Capital Additions and Extraordinary Repairs

Fund, initial payments to said fund and the replenishment of said

fund shall apply to the capacity allocated hereunder to Township

only if such amounts are not provided for or recovered by

Authority and Borough as a part of their uniform rate structure

applicable to all customers in Borough and Township, including

those customers served by Township out of its allocated share of

the capacity. If such costs are not recovered through the

imposition of a charge as a part of the uniform rate structure by

Borough and Authority, then Township shall pay its proportionate

share of such costs to Borough and Authority, which share shall

be determined by multiplying such costs by a fraction, the



numerator of which is 250,000 and the denominator of which is the

total capacity allocated to Shrewsbury in the Treatment Plant,

including the additional capacity allocated to it resulting from

the expansion of said plant.

8. It is agreed that the costs imposed upon Shrewsbury

pursuant to Article VIII., Sections 8.01 through 8.04 of the

aforesaid Treatment Plant Agreement shall be recovered or

included by Authority and Borough as a part of their uniform rate

structure charged to customers within both the Borough and

Township, and so long as all customers served by Township out of

its allocated share of the capacity are included as customers of

Authority and billed by it at such uniform rate, no further

reimbursement or payments shall be due from Township to Authority

or Borough as provided in said Article VIII. In the event,

however, that all customers served by Township out of its

allocated share of the capacity are not customers of and billed

by Authority at its uniform rate, Authority and Township agree

that their respective consulting engineers shall determine a fair

and equitable method of apportioning such costs between the

parties, and in the event that they shall fail to agree, such

determination shall be established by binding arbitration in

accordance with the rules of the American Arbitration

Association.

9. In the event that any surcharges are imposed by New

Freedom upon Shrewsbury pursuant to Article VIII. -A., Sections

8A.01 through 8A.04, each of the parties hereto shall be

7



responsible for any such surcharges directly applicable to action

or conduct by it which results in such surcharges, and in the

event that it is impossible to determine who is responsible for

such action or conduct, then any such surcharges shall be shared

in direct proportion to their respective total allocated

capacities in the Treatment Plant.

10. It is agreed that Authority and Borough will include as

a part of their uniform rate structure charged to all customers

within the Borough and Township such amounts as may be necessary

to provide for the payment of the costs of sewage treatment and

transportation as provided in Article VIII., Sections 8.01

through 8.04 of the aforesaid Treatment Plant Agreement and that

Authority and Borough will be responsible for payment of all such

sums to New Freedom, provided all customers of Township served

from the capacity being allocated hereunder to Township are

billed by and the charges accruing thereunder collected by

Authority or Borough. Provided, however, that in the event that

Township shall operate any separate sewer district which is not

billed by and the charges accruing thereunder received by

Authority or Borough, Township will be responsible for payment to

Authority and Borough of its proportionate share of the charges

accruing to New Freedom under said Article VIII. based upon

readings taken from sewage flow meters, which shall be required

to be installed by Township at its sole cost at the point of

connection of Township's sewer system to the public sewer system

owned and operated by Authority and Borough. The proportion of

8



such cost to be paid by Township to Borough shall be the total of

all such costs payable to New Freedom by Shrewsbury multiplied by

a fraction, the numerator of which is the flow meter reading from

the sewage flow meter to be installed by Township and the

denominator of which is the total combined sewage flows from the

Shrewsbury sewage flow meters that are in existence at points

connecting the Shrewsbury sewer system to the New Freedom sewer

system.

11. It is agreed that that part of the basic sewage rates

or charges for the use of

and retained by Authority

the entire

the sewer system,

and Borough shall

service area served by Authority

which is collected

be uniform throughout

and Borough,

regardless of whether or not the customers served are in the

Township or Borough, and regardless of whether or not such

customers in Township are served out of the capacity allocated

hereunder to Township or out of the Borough's share of such

capacity. However, at the request of Township, an additional

amount may be added as a separate item in sewer bills directed to

customers served by Township out of the capacity allocated to it

hereunder for the purpose of recovering any costs, expenses,

share of debt service, etc., which have been incurred by Township

and not recovered directly by it from the developer or property

owner. Any such separate sums collected by Authority or Borough

on behalf of Township shall be segregated, deposited in a

separate account for the benefit of Township and periodic reports

or summaries of such amounts collected given to Township.

9



Similarly, if Authority and Borough should elect to recover any

part of their share of the debt service payable to New Freedom in

connection with the expansion of the Treatment Plant from

customers rather than recovering such costs directly from

property owners or developers, such debt service shall be added

as a separate item in sewer bills directed to customers served

within the Borough and no part of such debt service shall be

included in any bill to customers located within Township.

The billing of all customers, whether they are located

in the Borough or Township shall be done uniformly by Authority

or Borough and the administrative costs incurred in connection

therewith shall be included in the uniform rate structure of

Authority or Borough.

12. Notwithstanding any provision contained in this

Agreement or in the aforesaid Service Agreement to the contrary,

Authority and Borough agree that they shall not serve any

customers in Township which are not already connected to the

Shrewsbury sewer system as of the date of this Agreement, with

the exception of such customers in Township who may have already

reserved sewer capacity through Authority and/or entered into a

legally binding contractual agreement with Authority for such

service, without the express written consent of Township. It

being the intent of the parties that Authority and Borough shall

not enter into competition with Township for service to future

sewer customers, which were anticipated or included by Township

within the capacity allocated to it hereunder. In addition,

10



nothing contained herein shall obligate Authority or Borough to

serve any future customers within Township, it being the intent

of Shrewsbury to reserve under the aforesaid Treatment Plant

Agreement with New Freedom only sufficient additional capacity to

serve remaining undeveloped areas or customers within Borough.

13. Township agrees that all payments that are required to

be made by Township to Authority or Borough hereunder shall be

made at least ten (10) days prior to the date on which Authority

or Borough are required to make such payments to New Freedom

under the aforesaid Treatment Plant Agreement, and that any

payments which are delinquent shall be subject to the same

penalties and/or interest required to be paid by Shrewsbury to

New Freedom thereunder.

14. Township agrees that it will adopt such ordinances,

rules and regulations as may be required or necessary, and assume

such obligations as are provided or imposed upon Shrewsbury

pursuant to Article XI. of the aforesaid Treatment Plant

Agreement, in compliance with Section 11.03 of said Article XI.

15. This Agreement shall continue in force so long as there

are any payments remaining due or other obligations remaining to

be satisfied by Shrewsbury to New Freedom under the aforesaid

Treatment Plant Agreement.

16. This Agreement shall be binding upon the parties hereto

and their respective successors and assigns.

11



IN WITNESS WHEREOF, each of the parties hereto shall have

caused this Agreement to be duly executed and attested to by its

proper officers pursuant to prior action of its governing body,

all as of the day and year first above written.

Attest:

Attest:

Attest:

ecretarc1

(SEAL)

(SEAL)

12

SHREWSBURY BOROUGH MUNICIPALAUTHORITY

By:/i

Chaiiman

SHREWSBURY BOROUGH

By: I Sta!)President of Counsel

SHREWSBURY TOWNSHIP

By:



uo/U6/5U bry4m,b/PLAN1ExP/SEW,GRI%5(NEB LU)

AGREEMENT

THIS AGREEMENT, dated for convenience as of the 1st day of June, 1990, by

and between SH[WSBURY BOROUGH MUNIPTPAL AUTHORITY ["Shrewsbury Authority"], a

municipality authority organized and existing under the laws of the -Commonwealth

of Pennsylvania, and the BOROUGH OF SHREWSBURY ("Shrewsbury Borough"), York

County, Pennsylvania, as parties of the first part, which may sometimes be

collectively referred to as "Shrewsbury", on the one hand, and NW FREarts1

BDROUGH AUTHORITY ("New Freedom Authority"], a municipality authority organized

and existing under Pennsylvania laws, and the BOROUGH OF NB' FREEDOM ["New

Freedom Borough"], York County, Pennsylvania, as parties of the second part,

which may sometimes be collectively referred to as "New Freedom", on the other

hand.

W I T N E S E T H:

WHEREAS, New Freedom Authority presently owns and operates a complete sewage

collection, transportation and treatment system, which includes collector mains

located within the corporate limits of New Freedom Borough, a sewage treatment

plant located in Railroad Borough [which is authorized to discharge 1.3 million

gallons of treated effluent per day average monthly flow] and an interceptor main

running from New Freedom Borough, through portions of Railroad Borough, to said

Treatment Plant, whereby sewage is collected within New Freedom Borough and

transported to said sewage treatment plant for treatment and disposal, and which

system has been leased to New Freedom Borough for use and operation; and

WHEREAS, Shrewsbury Authority is the owner of a sanitary sewage collection

and transportation system, which includes collection and interceptor mains

located in Shrewsbury Borough, Shrewsbury Township, Hopewell Township and

1



u tits/ u b LIN e IV PLAN 11.1,A Sli;RN/A61-( 7 NI' 13 11) )

1)

_Inroad Borough, whereby sewage is collected within portions of said

municipalities and transported to New Freedom's interceptor main for

transportation to said Treatment Plant, treatment and disposal, the portions of

Shrewsbury Authority's system which are located within the corporate limits of

the Borough of Shrewsbury being leased to Shrewsbury Borough for use and

operation in rendering service in and for certain properties situate within such

limits, and the portions of which are located outside such corporate limits being

used and operated by Shrewsbury Authority in rendering service to properties in

certain portions of the Townships of Shrewsbury and Hopewell and Railroad

Borough; and

WHEREAS, transportation and treatment of sewage discharged into New

Freedom's Sewer System by the Shrewsbury Sewer System is provided pursuant to

Agreement between the parties hereto dated May 23, 1972, under which the maximum

volume of sewage which may be discharged fran Shrewsbury's Sewer System is

675,000 gallons per day dry weather flow; and

WHEREAS, DER, in reissuing the Water Quality Management Permit and the

National Pollution Discharge Elimination System permit pursuant to which New

Freedom Borough operates its Sewage Treatment Plant and discharges the treated

effluent into the South Branch of the Codorus Creek, has imposed limitations on

the concentrations of Ammonia Nitrate and Phosphorus which may be present in the

effluent discharged into said creek, beginning November 1, 1992 and with which

the existing Treatment Plant cannot comply; and

WHEREAS, Shrewsbury has requested that they be allowed to discharge into New

Freedom's Sewer System an additional 655,000 gallons of savage per day; Railroad

Borough has requested to be allowed to discharge an additional 45,000 gallons per

day; and New Freedom has decided to acquire an additional 250,000 gallons

2



UU/U8/90 ShkIAGE/PLAN1LXP/ SEHVAGHL 5 (NFI3 10)

,pacity for providing service within the corporate limits of New Freedom

Borough; and

WHEREAS, it will be necessary to raze certain portions of the existing

facilities at the Treatment Plant and construct and install certain new

facilities and replace certain portions of New Freedom's interceptor main in

order to treat the sewage so as to produce effluent which will comply with the

aforesaid effluent limitations and provide the capacity to accommodate the

aforegaid additional quantities of savage; and

WHEREAS, it will be necessary to prepare plans and specifications for the

Project; and

WHEREAS, New Freedom Authority has in the last several years expended

$500,000.00 of its own funds in the construction of Capital Additions and making

Extraordinary Repairs to said Treatment Plant, approximately $100,000.00 of which

}ban be attributed to Shrewsbury and none of which can be attributed to Railroad

Borough; and

WHEREAS, the parties have agreed that the burden of such Capital Additions

and Extraordinary Repairs should be 'equitably distributed' between Shrewsbury,

New Freedom and Railroad Borough, by Shrewsbury, Railroad Borough and New Freedom

making payments totaling $500,000.00, in four (4) equal annual installments, to a

Capital Additions and Extraordinary Repairs Fund which will provide a source for

such expenditures in the future and which may be replenished, all as hereinafter

set forth; and

WHEREAS, it is anticipated that a similar agreement will be entered into

between New Freedom and Railroad Borough, with variations, taking into

consideration differences in the situation of and capacity allocated to Railroad

Borough; and

3



Ub/Ub/9U SEWAGE/PLANIEXP/SERVAGRI,5 (NFB 10)

WHEREAS, Shrewsbury and NEW Freedom desire that the Project proceed and to

amend the aforesaid Agreement dated May 23, 1972, to read as herein set forth.

NCW, THEREFORE, Shrewsbury Authority and ShrewSbury Borough, on the one

hand, and New Freedom Authority and New Freedom Borough, on the other hand, for

and in consideration of agreements, conditions and covenants herein contained,

each intending to be legally bound hereby, covenant and agree as follows:

AFaICLP I. DEFINITIONS.

Section 1.01. The following terms and phrases, for the purposes of this

Agreement, shall have the following meanings, unless the context clearly

otherwise requires:

"Abnormal Industrial Wastcs" means those substances, the discharge of which

may be prohibited from time to time by Chapter 18, Section 206, New Frealan

3orough Code of Ordinances, entitled "Unacceptable Sanitary Sewage and Industrial

Waste".

"Billing Unit" means and includes, as applicable, each of the following:

"Commercial Establishment", a "Dwelling Unit", an "Industrial Establishment" and

an "Institutional Establishment".

"B.O.D." designates "Biochemical Oxygen Demand" of wastes and means the

quantity of oxygen utilized in the biochemical oxidation of the organic matter in

wastes under standard laboratory procedure in five (5) days at 20°C., expressed

in milligrams per liter by weight. It shall be determined by one of the

acceptable methods described in the latest edition of "Standard Methods for the

Examination of Water and Wastewater", published jointly by the American Public

Health Association, the American Waterworks Association and the Water Pollution

NTontrol Federation.

4



06/08/90 SBNAGE/PLANTEXP/SERVAGRF.5 (NEB 10)

"Capital Additions" means new and additional property chargeable to plant or

equipment account under sound accounting and/or engineering practice, including,

without intending to limit the generality of the foregoing, land, rights of way,

easenents, licenses, rights and similar interests in real property, and

additions, extensions, alterations and improvements of or to the Treahment Plant,

including, without intending to limit the generality of the foregoing, buildings,

basins, machinery, mains, conduits, pipes, pipe lines, tanks, shops, fixtures,

engines, boilers, pumps, meters, instruments, and other equipment and personal

property, and Extraordinary Repairs, in each case made, constructed or acquired

by New Freedom after the date hereof, and which are used, useful or convenient in

connection with the Treatment Plant, including property in the process of

construction or erection; Provided, however, that the term "Capital Additions"

shall not include property constructed or acquired or improvements made in the

course of completion of the Project and/or included in the ousts financed

hereunder.

"Commercial Establishment" means any roan, group of ,corns, building or

enclosure used or intended for use in the operation of one business enterprise

for the sale and distribution of any product, commodity, article or service, or

used or intended for use for any social, amusement, religious, educational,

charitable or public purpose and containing plumbing facilities for waste water

disposal to a public sewer system.

"Consulting Engineer" means an engineering firm or professional engineer

having a favorable repute of skill and experience in the construction and

operation of sewer systems and sewage treatment plants, who is registered in

Pennsylvania.

5



U Ut1/ JU bfl /city PLAN BLH(//(1<r. (1\lh B 10)

"Cost of Operation" means the actual costs or expenses or the estimated

costs or expenses, as applicable, expended in operating, repairing and

maintaining the Tteabnent Plant, as determined in accordance with sound and

generally accepted engineering and accounting practices, including, without

intending to limit the generality of the foregoing, expenses and cots of

operation (including fines, penalties and judgments impubed by any agency of the

United States, Common4ealth of Pennsylvania or any Court having jurisdiction and

not recovered from a third party), maintenance (including insurance), repair,

auditing and inspection and other expenses in relation to the Treatment Plant and

including incase, profits, property or franchise taxes, if any, payable with

respect to the Treatment Plant, which costs and expenses shall not include any

amount attributable to debt service requirements with respect to indebtedness of

any portion of the New Freedom SEWET System, and which costs and expenses shall

ae determined in accordance with sound and generally accepted engineering and

accounting practices.

"DER" means the Pennsylvania Department of Environmental Resources.

"Dwelling Unit" means any room, group of rooms, building or other enclosure

occupied or intended for occupancy as separate living quarters by a family or

other group of persons living together or by a person living alone and containing

plumbing facilities for waste water disposal to a public sewer system.

"Extraordinary Repairs" means alterations, repairs, renewals, improvements

or replacements with respect to the Treatment Plant which are necessary or

desirable for the proper operation and maintenance thereof and which are of a

type which ordinarily would not be made by the operator of a treatment plant out

of current operating revenues, in accord with sound accounting practice.

6



UU/ Ub/JU SUAtestat:v klILLi IU/

"Fiscal Year" shall mean the period of twelve (12) months beginning November

1 and ending the following October 31, or such other period as shall be

designated fran time to time by New Freedcm Borough, or New Freedom Authority, as

applicable.

"Garbage" means solid wastes resulting fran preparation, cooking and

dispensing of foal and from handling, storage and sale of produce.

"Improved Property" means any property upon which there is erected a

structure intended for continuous or periodic habitation, occupancy or use by

human beings or animals and from which structure Sanitary Sewage and/or

Industrial Wastes shall be or may be discharged to a public sewer system.

"Industrial Establishment" means any roan, group of rooms, building or other

enclosure used or intended for use, in whole or in part, in the operation of one

business enterprise for manufacturing, fabricating, processing, cleaning,

aundering or assembling any product, commodity or article or fran which any

prmess waste, as distinct fran Sanitary Sewage, shall be discharged.

"Industrial Wastes" means any solid, liquid or gaseais substance or water

borne wastes or form of energy rejected or escaping in the course of any

industrial, manufacturing, trade or business process or in the course of the

development, recovery or processing of natural resources, as distinct fran

Sanitary Sewage.

"Institutional Establishment" means any room, group of rooms, building or

other enclosure containing plumbing facilities for wastewater disposal to a

public sewer system which do not constitute a Commercial Establishment, a

Dwelling Unit or an Industrial Establishment.

"mg/1" means milligrams per liter.

7



U U07 kJ b 1-ILAN ty OILIKVAl3 r( . ( NtB )

"Multiple Unit" means any Improved Property in which shall be located more

than one Billing Unit.

"New Freedom" means collectively New Freedom Borough and New Freedom

Authority.

"New Freedom Authority" means New Freedom Borough Authority, a Pennsylvania

municipality authority.

"New Freedom Borough" means the Borough of New Freedom, York County,

Pennsylvania, a Pennsylvania municipality.

"New Freedom Sewer System" means the sewage collection and treatment and

disposal facilities, including all related and necessary facilities, initially

acquired or constructed and aimed by New Freedom Authority and leased to New

Freedom Borough, and all future extensions, additions, alterations, modifications

and improvements thereto, from time to time constructed or acquired, including

all property, real, personal and mixed, rights, powers, licenses, easements,

rights -of -way, privileges, franchises and any and all other property or interests

in property of whatsoever nature from time to time acquired or constructed and

used or useful in connection therewith.

"Person" includes natural persons, partnerships, associations,

municipalities, municipality authorities and corporations, public or private.

"Project" means the undertakings necessary in connection with the razing of

portions of the existing Treatment Plant which is located in Railroad Borough,

the modification of other portions and the construction and the acquisition of

additional facilities at the Treatment Plant, including by way of example and not

limitation, additional land, so that said Treatment Plant shall have the capacity

o treat a total of 2.25 million gallons of sewage per day and produce effluent

'of the quality required by the N.P.D.E.S. Permit,.utilizing the

8



Liu/ UO/ it) FLAN L bl;itV,R6 1-t I. 5 (N1.13 1(1)

sequential batch process, according to plans and specifications to be prepared by

Buchart-Horn, Inc., Consulting Engineers, and approved as hereinafter set forth,

or such change orders and modifications thereof as shall be approved by New

Freedom Authority.

"Properly Shredded Garbage" means the wastes from the preparation, cooking

and dispensing of food and from the handling, storage and sale of produce that

have hem shredded to such degree that all particles will be carried freely under

the flow conditions normally prevailing in public sewers, with no particle

greater than one-half (1/2) inch in any dimension.

"Sanitary Sewage" means the normal water -carried household and toilet wastes

from any Improved Property.

"Sewer" means any pipe, main or conduit constituting a part of the Seger

System and used or usable for collection and transportation of Sanitary Sewage

and Industrial Wastes.

"Sewage Waste" means Sanitary Sewage or Industrial Wastes or any combination

of either, but in the case of Industrial Wastes, only to the extent that such

wastes have been pre-treated and otherwise meet the requirements of this

Agreement and any other applicable regulations.

"Shrewsbury" means collectively Shrewsbury Borough and Shrewsbury Authority.

"Shrewsbury Authority" means Shrewsbury Borough Municipal Authority, a

Pennsylvania municipality authority.

"Shrewsbury Borough" means the Borough of Shrewsbury, York County,

Pennsylvania, a Pennsylvania municipality.

"Shrewsbury Seger Systen" means the sewage collection and transportation

facilities acquired and/or constructed from time to time, by Shrewsbury,

including all property, real, personal and mixed, rights, powers, licenses,

9



0b/ U8/00 sdwAGE/PLAWIExP/SERVAGRT.5 (NIT 10)

easements, rights -of -way, privileges, franchises and any or all other property or

interests in property of whatsoever nature used or useful in connection

therewith, and all future extensions, additions, alterations, modifications and

improvements thereto, from time to time constructed or acquired.

"Suspended Solids" means solids that either float on the surface or are in

suspension in water, Sanitary Sewage, Industrial Wastes or other liquids, and

which are removable by laboratory filtration. The quantity of Suspended Solids

shall be determined by one of the acceptable methods described in the latest

edition of "Standard Methods for the Examination of Water and Wastewater", cited

above.

"Treatment Plant" means the land located in Railroad Borough, the buildings,

improvements, basins, machinery, mains, conduits, pipes, pipe lines, tanks,

-,,shops, fixtures, engines, boilers, pumps, meters and instruments located thereon,

and other eauipment and personal property, which is used, useful or convenient in

the transmission, treabnent and disposal of Sanitary Sewage and Industrial

Wastes, or in the operation, maintenance or protection of such facilities as are

used or useful in the transmission, treatment and disposal of Sanitary Sewage and

Industrial Wastes, including, without limiting the generality of the foregoing,

any interceptor or other facilities forming a part of the New Freedom Sewer

System and being used, in part, to transport or dispose of sewage and wastes

emanating fran the Shrewsbury Sewer System, and any extensions or enlargements

thereof, as the same may exist fran time to time.

"Water Company" means any publicly or privately owned duly authorized

agency, corporation, municipality, municipality authority, or organization,

public or private, which is the approved purveyor of the public water supply in

the geographical area involved.

10



06/08/90 SFNAGE/PLANTEXP/SERVAGRT.5 (NFB 10)

N

AMU= II. PROJECT DESIGN AND PERMITS.

SPrtion 2.01. Design.

A. New Freedan Authority shall contract with Buchart-Horn, Inc., its

Consulting Engineers, for the preparation of plans and specifications for the

razing of such portions of the existing Treatment Plant facilities and the

construction of new facilities necessary to treat a total of 2.25 million gallons

of Sewage Wastes per day, and produce effluent of the quality required by the

N.P.D.E.S. Permit, utilizing the sequential batch treatment process.

B. New Freedom Authority shall use its best efforts to sc that such plans

and specifications are canplete within 210 days of the date that this Agreement

is executed by the last party to do so.

C. Shrewsbury shall be notified of New Freedom Authority's periodic

reviews of the engineer's progress in the preparation of such plans and

specifications and by their officers and engineers shall be entitled to be

present and offer c inents, recommendations and suggestions. New Freedom

Authority agrees that it and its Consulting Engineers shall give due

consideration to such connents, recommendations and suggestions, but the final

design shall be determined by the Consulting Engineers of New Freedom Authority

and approved by Neu Freedom Authority.

D. The completed plans and specifications shall be approved by all

required agencies, and the necessary permits issued before any contracts are

awarded or construction commenced.

Section 2.02. Permits. New Freedom Authority shall apply for in a timely

fashion and use its best efforts to secure all required permits which are

necessary for the work and the operation of the expanded and upgraded Treatment

lant, and ocuply with the terms of such permits.



05/08/90 SEWAGE/PLAN1EXP/SERVAGRT.5 (NFB 10)

ARTICLE III. CCNSTRUCTICN.

Section 3.01. Request for Bids and Award of Contracts. Upon approval by

NEW Freedom Authority, DER and any other agencies having jurisdiction of final

design plans and specifications, and subject to the availability of financing as

provided in ARTICLE IV, New Freedom Authority agrees to request bids for all

required contracts for the Project and to award contracts to the lowest

responsible bidders as provided in Section 3.02., but this shall not create

third -party rights in bidders.

Section 3.02. Notice of Proposed Contracts. Within fifteen (15) days

following the receipt of bids, New Freedom Authority shall send to Shrewsbury by

ordinary mail a tabulation of all bids received which shall designate the

apparent low bidders. Within thirty (30) days following the receipt of bids, NEW

' Freedom Authority shall send to Shrewsbury by ordinary mail the evaluation of

bids prepared by its Consulting Engineers and its own tentative decision

concerning the award of c ntracts to specified lowest responsible bidders.

Within forty-five (45) days following the receipt of bids, Shrewsbury Borough and

Shrewsbury Authority shall notify Na.' Freedom Authority in writing of its

conments regarding New Freedom Authority's tentative decision. New Freedom

Authority and its engineer shall give consideration to Shrewsbury's comments, but

the final decision on the award of the contracts shall be made by New Freedom

Authority, except that no contract shall be awarded which shall cause the total

project costs to exceed $6,750,000.00 without the written approval of Shrewsbury.

Section 3.03. Prosecution of Work. Upon the award of utnItracts, New

Freedom Authority agrees to use its best efforts to cause the work to be

prosecuted and u itideted by the contractors substantially in accordance with the

final design plans and specifications and change orders or modifications approved

12



.0, VO/ II OL.1V11.311, t tql:Lf 1U1)

by Ned Freedom Authority and, barring acts of God, strike, war, insurrection or

other acts or matter beyond New Freedom Authority's control, said work shall be

done and performed within the time schedules set forth in the contract documents

and the compliance schedule set forth in the N.P.D.E.S. Permit. lb the extent

required, Shrewsbury Borough and Shrewsbury Authority each agree to do and

perform during the course of construction each and every act or thing that may be

necessary on their part to complete the work as proposed and scheduled.

Section 3.04. Resident Construction Representation. All work to be

performed and done by the contractors shall be performed and done under the

observation of a resident construction representative of New Freedom Authority's

Consulting Engineers and such other resident construction representatives as New

Freedom Authority shall employ or assign to the Projects to assure compliance

with the contract documents. A regular schedule of job conferences shall be

established and Shrewsbury Borough and Shrewsbury Authority notified of the same.

Shrewsbury Borough and Shrewsbury Authority by their duly authorized

representatives or Consulting Engineers shall have the right, at their own

expense, of attending such job conferences, and at other times, upon reasonable

prior notice to New Freedom Authority, to observe the work progress at the job

sites.

Section 3.05. Change Orders. New Freedom Authority shall notify Shrewsbury

Borough and Shrewsbury Authority of all changes, alterations or additions

proposed to be made in the Project plans and specifications during the course of

construction, the net cost of which shall exceed $25,000.00 for any change order.

Such notification shall be by first class mail sent to Shrewsbury Borough and

Shrewsbury Authority with five (5) days after New Freedom Authority shall have

approved the same. All such changes, alterations or additions shall be proposed

13



tit,/ ULif w .1._initt.,,L,/ E-L..mx!ILA.L7 51;1(V/1k.,R1.. 3 lNY 13 lU)

in accordance with plans and specifications prepared by New Freedom Authority's

Consulting Engineers. In the event that the total net cost of all change orders

shall equal seventy-five percent (75%) of that portion of the Project

construction fund reserved for contingencies, then New Freedom Authority shall

approve no further change orders without the written approval of Shrewsbury. It

is agreed, however, that unless written notice of disapproval is received by New

Freedom Authority within thirty (30) days after notice of the proposed change

order has been mailed to Shrewsbury, then such change order shall h' deemed to

have been approved.

Section 3.06. Interim Acquisitions. Subject to the provisions of this

Section 3.02. relating to the notice of the tentative decision concerning the

award of contracts, New Freedom Authority shall be authorized, prior to

requesting bids and awarding the prime contracts for the Project, to purchase or

acquire, or to enter into contracts for the purchase and acquisition of

machinery, equipment or other components specified for any portion of the Project

by New Freedom Authority's Consulting Engineers, and to enter into construction

contracts for any portion of the Project. It is the purpose and intent of this

Section that New Freedom Authority shall have latitude to enter into interim

acquisition contracts in an effort to minimize total Project construction costs.

ARTICLE Iv. FINANCING OF PROJECT.

Section 4.01. Funding. All costs and expenses of the Project, including

all financing costs and expenses, shall be borne, proportionately shared and paid

by Shrewsbury, Railroad and New Freedom as provided in Sections 4.04. and 4.05.

hereof. NEW Freedan Authority agrees to finance Project costs by the issuance of

,sewer revenue bonds, or by Penn Vest loan, or other borrowing as New Freedom

14



Ub/U8/9U StwAGN/PLANTEXP/SERVAGRt5 (*B 10)

Authority deems to be most advantageous to the persons to be served by the

Project upon consideration of the advice of its Consulting Engineer and other

professional advisors and any caunents made by Shrewsbury pursuant to Section

4.02. Such financing shall be in such amount as New Prealom Authority's

professional advisors, shall calculate as being required to finance costs and

expenses of the Project. The bond issue or other form of financing may include a

capitalization of interest on the bonds or other debt instruments for a period of

time not extending beyond the date the Project is scheduled for completion. New

Freedom and Shrewsbury agree to do, take and perform, or cause to be done, taken

and performed within their respective service areas, all executive, legislative

or other governmental actions necessary or required to obtain such financing, or

to secure the same for the benefit of the bond holders and/or lender(s),

including, but not limited to, the adoption of resolutions and ordinances, and

the execution of agreements (including, but not limited to, those guaranteeing

the same proportion of the financing as that established pursuant to Section

4.04., if required by the underwriter or lender[s]) and any appropriate leases or

other agreenents. Shrewsbury further agrees to furnish and supply to New Freedom

or its underwriter, or any prospective lender(s), any and all data, information

and documentation as may be requested for the completion and preparation of the

Official Statement or Prospectus for said bond issue, or the application(s)

required by prospective lender(s), or for the securing of a most favorable rating

from any investment rating service.

Section 4.02. Notice of Proposed Bond Issue.

A. New Freedom Authority shall send to Shrewsbury by ordinary mail, the

informAtion, within the time periods immediately following the receipt of the

Nbids for the construction contracts referred to in Section 3.01, as follows!

15



UU/ Utl/ U 1,1111 ft.\ bbi(ve\UR.L.b (Nrt3 1U)

i. Within forty (40) days, a tabulation showing the total estimated

Project costs; and

ii. Within sixty (60) days, a total amount of borrowing recommended by

New Freedom Authority's professional advisors, broken down as to amounts between

bond issue, Penn Vest loan or other borrowing, together with the anticipated

interest rate(s), a repayment amortization schedule for each and a consolidated

amortization schedule for the entire borrowing.

B. Within thirty (30) days following the receipt Of the information

supplied pursuant to A., ii., above, Shrewsbury shall notify New Freedan

Authority of its approval or disapproval regarding the total Project costs and

the proposed bond issue. No contract shall be awarded causing the total costs of

the Project to exceed $6,750,000.00 without written approval of Shrewsbury and no

final decision to issue bonds or enter into other financing arrangements shall be

- made without written approval of Shrewsbury if the projected bond interest rate

shall exceed 9% per annum.

Section 4.03. Interim Financing. Notwithstanding the provisions of Section

4.01 relating to issuance of sewer revenue bonds, Penn Vest loan or other

borrowing to finance the Project and subject to the provision of Section 4.02

reyarding notice and approval of the proposed borrowing to Shrewsbury, New

Freedom shall, with the advice and recommendation of its bond counsel and

underwriter, be authorized to issue bond anticipation notes, or enter into other

interim financing arrangements which anticipates repayment from the proceeds of

the aforesaid sewer revenue bonds, Penn Vest loan or other borrowing to fund the

Project costs. In such event, the aforesaid sewer revenue bond issue, Penn Vest

loan or other borrowing shall be scheduled for such time or times as New Freedom

tmthority's professional advisors shall, subject to the provisions of Section

16



Ubj U5/ iivAbl-..;/ PLAN MAT/ HVAG Ite. 5 ( N.E.I3 1U)

4.02., advise and recommend. It is the purpose and intent of this Section that

New Freedan shall have latitude to enter into interim financing arrangements in

an effort to minimize total Project costs and annual debt service costs

associated therewith.

In the event that commitments from underwriters or other lenders for the

financing of the Project as set forth in Section 4.01. are not yet available or

are deemed insufficient by the interim lender, New Freedom and Shrewsbury agree

to guarantee the same proportion of the interim borrowing as the proportion

determined pursuant to Section 4.04., and to pay to the interim lender such

proportion if the arrangements for the financing fran which repayment is

anticipated are not entered into. In the event that no such guarantees are

reguired by the interim lender, Shrewsbury shall pay to Ned Freedan Authority the

same proportion of the interim borrowing as the proportion determined pursdant to

Section 4.04., on or before the maturity thereof if the arrangements for

financing fran which repayment is anticipated are not entered into; New Freedom

Authority's Bond Anticipation Note dated March 2, 1990, in the amount of

$1,000,000.00, in favor of the Glen Rock State Bank, bearing interest at the rate

of 6 1/2% per annum, and due September 1, 1991, is included within the pirview of

this sentence. It is contemplated that Railroad shall undertake similar

obligations.

Section 4.04. Allocation of Costs.

A. Method. The total Project costs shall be allocated among and paid by

NEW Freedom, Shrewsbury and Railroad Borough as follows:

i. Such costs shall be broken down by New Freedom's Consulting

Engineer between those costs applicable to compliance with the limitations on the

-oncentrations of Ammonia Nitrate and Phosphorous which may be present in the

17



06/08/90 SEwAGE/PLANTEXP/SERVAGRT.5 (NFB 10)

effluent discharged into the Codorus Creek beginning November 1, 1992, as set

forth in the NPDES permit issued to New Freedom Authority ('upgrading of the

Treatment Plant'), on the one hand, and, those applicable to the expansion of the

capacity of the Treatment Plant to 2.25 million gallons per day (`expansion of

the Treatment Plant'), on the other.

ii. The portion of the Project costs applicable to upgrading of the

Treatment Plant shall be allocated among New Freedom and Shrewsbury and Railroad

according to the following percentages:

a. New Freedom - 48.08%

b. Shrewsbury - 51.92%

c. Railroad - 00.00%

iii. The portion of the Project costs applicable to the expansion of

the Treatment Plant shall be allocated among New Freedom, Shrewsbury and Railroad

Borough according to the following percentages:

a. New Freedon - 26.31%

b. Shrewsbury - 68.95%

c. Railroad - 4.74%

B. Proportion Determined. The dollar amount of the portion of the Project

costs applicable to the upgrading of the Treatment Plant allocated to New

Freedom, Shrewsbury and Railroad, respectively, shall each be determined by

multiplying the dollar a,ucunt of such portion by the percentage set opposite each

in A., ii. The dollar amount of the portion of the Project costs applicable to

the expansion of the Treatment Plant allocated to New Freedom, Shrewsbury and

Railroad, respectively, shall each be determined by multiplying the dollar amount

of such portion by the percentage set opposite each in A., iii. The total dollar

unount of the Project costs allocated, respectively, to New Freedom, Shrewsbury

18



Ub/ 08/ 90 St:WAGF.2/ PLAN ltiX P/ SERVAG 5 (NfB 10)

3nd Railroad shall be determined by adding the dollar amounts allocated to each

as determined in the two iuenediately prereding sentences. The relation between,

on the one hand, the total dollar amount of the Project costs allocated,

respectively, to New Freedom, Shrewsbury and Railroad and, on the other hand, the

dollar amount of the total Project cw is shall constitute as to each such party

respectively the proportion referred to in the first sentence of Section 4.01.,

and "the proportion determined pursuant to Section 4.04." as used in Sections

4.03. and 4.05.

C. Proportional Undertakings. New Freedom, Shrewsbury and Railroad

Borough shall each undertake any required guarantees of financing referred to in

Sections 4.01. and 4.03., pay to an interim lender or New Freedom Authority, as

applicable, any interim borrowing if the arrangements for the financing fran

which repayment is anticipated are not entered into as referred to in Section

4.03., and pay debt service requirements, including any additional debt service

coverage or annual interest or debt service reserve requirements and any annual

administration expenses of Nea Freedom Authority, referred to in Section 4.05.,

in the same proportion as the proportion determined pursuant to B.

Section 4.05. Debt Service - Minimum Payment. The total debt service

requirement (repayment of principal and all interest to be paid for the term of

the bond issue, Penn Vest loan or other borrowing, including any additional debt

service coverage or annual interest or debt service reserve requirements and any

annual administrative expenses of New Freedom Authority), for the Project shall

be determined, and New Freedom, Shrewsbury and Railroad shall each pay their

respective proportion. Such proportion shall be the proportion determined to

Section 4.04. Notwithstanding anything otherwise contained herein to the

contrary, such debt service for each party shall be the minimum payment to be

19



U.)/ U01 iv v LLnu \ or.tcvev,d,t .11.1

,de by each party as costs of the Project. Such minimum payment shall be paid

to New Freedull Authority in the same number of proportional installments and over

the same period of time as shall be required to retire or terminate the debt.

Said installment payments shall be paid to New Freedom Authority at least fifteen

(15) days in advance of the date upon which New Freedom Authority shall be

required to make payment for service of the debt.

ARTICLE V. DISCHARGE OF SHREaSBURY SEWAGE.

Section 5.01. To New Freedom System. Shrewsbury agrees that all Sewage

Wastes collected in the Shrewsbury Sewer System, to the extent permitted under

this Agreement to be discharged to the New Frcodom Sewer System, shall be

discharged to the New Freedom Sewer System pursuant to the terms of this

Agieement.

Section 5.02. Maximum Volume.

A. Unless an amendment to this Agreement is entered into by the parties,

the arithmetic mean of daily flow of Sewage Wastes discharged from the Shrewsbury

Sewer System to the New Freedom Sewer System during any calendar month shall not

exceed 1,330,000 gallons per day.

B. In the event that, upon the completion of the Project, DER shall 're-

rate' the Treatment Plant so as to authorize the treatment of more, or less, than

2.25 million gallons of sewage per day, the excess, or deficiency, shall be

allocated among Shrewsbury, New Freedom and Railroad in the following

proportions, to wit, Shrewsbury - 59.11%, New Freedom - 38.89 and Railroad -

2.0%, and the maximum volume which each may discharge and which when exceeded

invokes a surcharge for excess volume shall be adjusted to pro -rata. New Freedom

20



ub/ Uty 9U PLANt LEAP/ Sli;FNAGIt I!. (NPB 1U

may, at its awn cost, seek such a 're -rating' and shall do so upon request of

Shrewsbury or Railroad Borough, at their cost.

C. In the event Shrewsbury Borough or Shrewsbury Authority, as applicable,

shall require additional capacity in the New Freedan Sewer Systen, in excess of

that provided for in A., above, New Freedom Borough and Nea Freedan Authority

agree to negotiate in good faith for the purpose of providing such additional

capacity either by allocation of additional capacity available in existing

facilities or by construction of additional facilities and setting forth terms

and conditions with respect to any additional charges to be made relative to

providing such additional capacity which additional charges shall properly

compensate New Freedom Borough and New Free3an Authority for all costs and

expenses incident to providing such additional capacity.

Section 5.03. Determination of Volume and Character.

A. For the purpose of determining and calculating the volume and/or

character of sewage and/or wastes discharged directly or indirectly into the

New Freedom Sewer Systen, metering and sampling chambers, with meters, devices

and instruments located therein for the sampling, measurement and analysis of

sewage and the recording and transmission of data so determined, located at the

points where mains which are part of the Shrewsbury Sewer Systen connect with any

of the facilities which are part of the New Freedom Sewer System, shall be

maintained and operated and calibrated by Shrewsbury Borough or Shrewsbury

Authority, as applicable, at the sole cost and expense of Shrewsbury Borough or

Shrewsbury Authority, as applicable.

B. Records made by the metering devices and instruments and access to such

meters, devices and instruments shall be made available to New Freedan Borough or

154 Frealan Authority upon request thereof. Tne record of sewage or wastes

21



()iv UtV ,U b UV e fGliv fL,'N L L.?".1-/ J1*.ltVAl31-(1.. 3 ( bitti

flowing through recording meters, devices and instruments will be given to NEW

Freedom Borough or New Freedon Authority on or before the fifth (5th) day each

month, showing the actual and daily flogs discharged during the iumediately

previous month.

C. In the event of failure of a sewage meter, repairs shall be made as

soon as possible by Shrewsbury Borough or Shrewsbury Authority at the sole cost

and expalse of Shrewsbury Boroigh or Shrewsbury Authority, as applicable. In the

case of missing flog records due to faulty meter registration or otherwise, an

estimate of flog shall be made by New Freedom Borough or Nee/ Freedan Authority,

as applicable, for the purposes of determining volume and character of sewage or

wastes discharged. This estimate shall be based on an evaluation of past flogs

as applicable to present conditions.

D. The metering and sampling chambers referred to in A., and the

instruments and devices located therein shall be modified, changed, altered, or

upgraded by Shrewsbury Borough or Shrewsbury Authority, as applicable, at the

sole expense of Shrewsbury Borough or Shrewsbury Authority, as applicable, from

time to time, as Shrewsbury, upon the advice of its engineer and the prior

written consent of New Freedan which shall not be unreasonably withheld, or New

Freedom, upon the advice of its engineer, may dean necessary for the proper

observation, sampling, measure-nent, recording and transmission of the volume and

characteristics of the savage and wastes discharged from the Shrewsbury Seger

System to the NEW Freedon Sewer Systen.

Section 5.04. Substitute Means of Disposal.

A. Unpermitted Sewage. Shrewsbury reserves the right to provide a

substitute means of treatment or disposal of Sewage Wastes collected in the

22



Liu/Uri/ bblIvitGfra.b (Mt _LU/

Shrewsbury Sewer. System which by the terms hereof shall not be permitted to be

discharged to the New Freedom Sewer System.

B. Where Substitute Means Cheaper. Shrewsbury, with prior written consent

of New Freedom, which shall not be unreasonably withheld, also shall have the

right to provide a substitute means of treatment and disposal of Sewage Wastes

collected in any portion of the Shrewsbury Sewer System which, as a result of

geographical location of the property or properties discharging such Sewage

Wastes, the delivery thereof could not be made to the New Freedom Sewer System

without incurring expense which would be substantially greater than the expense

of providing such substitute means of treatment and disposal. It is not

cuntenplated that this paragraph would be applicable to any Sewage Wastes

collected in any portion of the Shrewsbury Sewer System as it exists at the date

of this Agreement. Any request for diversion pursuant to this paragraph shall be

supported by an affidavit of a Consulting Engineer who is not unacceptable to New

Freedom certifying that in his opinion gocd engineering planning and design would

dictate such substitute means of treatment and disposal.

ARLICLE VI. CAPITAL ADDITICNE AND EXTRAORDINARY REPAIRS FUND.

Section 6.01. Establishment of Fund. The parties to this Agreement hereby

establish a fund for the purpose of creating a reserve of money to pay the cost

of Capital Additions and Extraordinary Repairs to the Sewage Tteabnent Plant and

interceptor, as constructed pursuant hereto. Said fund shall be known as the

"Capital Additions/Extraordinary Repair Fund" and shall be maintained by such

bank or trust company as NEW Freedom may select and which is not unacceptable to

Shrewsbury and to the extent not required to pay such costs shall be invested in

23



such obligations as are then authorized by law, as investments for New Freedom

Authority which shall be insured or secured as required by such law.

Section 6.02. Initial Payments to Fund; Shrewsbury 'Equalization' Payment.

In order to initially capitalize the fund, while 'equalizing' the burdens of

Capital Additions/Extraordinary Repairs between Shrewsbury and New Freedom in

light of New Freedom's expenditure of approximately $500,000.00 of its own funds

for such purposes over the last several years, Shrewsbury and New Freedom shall

each pay to the party maintaining the fund for deposit into the Capital

Additions/Extraordinary Repairs Fund, the following amounts in the following

equal annual installments, to wit:

Party Thtal Amount Annual Installment

Shrewsbury $391,325.00 $97,831.25New Freedom $ 92,085.00 $23,021.25

\ the first payment to be made on the day that the expanded and upgraded Tteatnent

Plant is placed in operation and annually thereafter on the anniversary of the

first payment during the succeeding throe (3) years. It is contemplated that

Railroad Borough will pay the sum of $16,590.00 in four (4) equal annual

installments of $4,147.50, such annual installments to be made at the same time

as required of New Freedom and Shrewsbury, so that at the third anniversary of

the first payments an agytegate total of $500,000.00 shall have been paid into

the fund.

Section 6.03. Charges Against Fund; Minimum/Replenishment; Insufficiency.

A. Charges Against Fund. New Freedom Borough or New Freedom Authority, as

applicable, nay draw against the fund to pay the costs of such Capital Additions

or Extraordinary Repairs.

B. Minimum/Replenishment. In the event that, after the due date of the

third annual installment referred in Section 6.02.., the balance remaining in such

24



iTh/t)8/9i) SEtiAi;kitt'LAN'ID(P/SUINAGRT.5 (NFU 10)

nd shall fall below $300,000.00 solely as a result of withdrawals, Shrewsbury

on the one hand and Nes; Freedom on the other shall pay, as an operating expense

of their respective systems, a percentage of the amount necessary to bring the

fund up to $500,000.00, within six (6) months of notification to do so by New. .

Freedom. It is contemplated that Railroad Borough will also pay a percentage of

the amount within a similar time frame. The respective percentages of the arrpount

shall be Shrewsbury - 59.11%, New Freedon - 38.89% and Railroad Borough - 2.0%.

C. Insufficiency.

i. Shrewsbury to Pay 'Upfront'. In the event that the amount in such

fund shall be insufficient to pay the estimated costs of such Capital Additions

or Extraordinary Repairs (without limiting the generality of the foregoing, such

cysts shall include casts related to the construction and financing of such

rapital Additions or Extraordinary Repairs), Shrewsbury shall pay to New Freedan

2 same percentage of such deficiency as the percentage set forth in B., above,

prior to conrnencernent of the work.

ii. If Shrewsbury Unable to Pay 'Upfront'. In the event it is not

possible for Shrewsbury to make the payment called for in i., Shrewsbury agrees

to pay to New Freedom or NEW Freedom Authority, as applicable:

a. If Lease or Supplilmental Lease. An annual amount in addition

to all other required payments, payable in equal semiannual installments, on

dates spe-iFied by New Freedom Borough or Ns.; Freed(xn Authority, as applicable,

which amount shall be the same percentage of any lease rentals payable by New

Freedom Borough to New Freedom Authority pursuant to any lease or supplemental

lease entered into in connection with financing the cost of construction and all

costs and expenses related to such Capital Additions or Extraordinary Repairs as

\ percentage set forth in B., above; or,

25



uw uo/ 7U ocivei:sil YEylw tr.,trj 511.RVP1k,kt 1. 7 (14t 1.0

b. If No Lease or Supplemental Lease. In the event no such new

lease or supplemental lease is entered into in connection with such Capital

Additions or Extraordinary Repairs:

(1) If Borrowing Involved. If Naw Freedom Borough or NaW

Freedom Authority shall borrow any portion or all of such cost of such Capital

Additions or Extraordinary Repairs, Shrewsbury shall make periodic payments, each

fifteen (15) days in advance of the date on which each payment is due by New

Freedom or NEW Freedom Authority under the debt service schedule in connection

with such borrowing and in an amount equal to the same percentage of the

corresponding payment which New Freedom Borough or New Freedom Borough Authority

is obligated to make under said debt service schedule as the percentage set forth

in B., above;

(2) As lb Unborrowed Amount. As to any portion or all of

such cost of such Capital Additions or Extraordinary Repairs which New Freedom

shall not borrow, Shrewsbury shall make periodic payments, on dates specified by

New Freedom Borough or New Freedom Authority, equal to the same percentage as the

percentage set forth in B., above, of the cost of amortizing the cost of

construction and financing, including any coverage or applicable reserve fund

payments, and all costs and expenses related to the construction and financing of

such Capital Additions and Extraordinary Repairs, based upon a hypothetical debt

service schedule which would amortize such cost over a twenty (20) year period at

a rate of interest equal to that shown on the Bond Buyer's G. O. Index of Twenty

Municipal Bonds for the date closest to the date of commencement of making such

Capital Additions or Extraordinary Repairs plus one-half of one percent (.005).

26



Ou/ U11/ 4U buiveilob/ YLNINI its?. bLi<V11301C1 L3 10)

ARTICLE VII. CAPITAL ADDITICNS; EXTRAORDINARY REPAIRS.

Section 7.01. Capital Additions; Extraordinary Repairs Authorized. In the

event that the United States of America, the Commonwealth of Pennsylvania, or any

agency or department thereof, or any court of competent jurisdiction, shall

require an improvement of or greater degree of treatment of sewage at the

Treatment Plant, or impose limitations on the quality of the effluent discharged

into the stream or of the sludge or other by-product of the treatment of sewage,

or require that any action(s) be taken at the Treatment Plant or that any

action(s) or activity cease, and New Freedom Borough or New Freedam Authority, as

applicable, shall determine that Capital Additions and/or Extraordinary Repairs

are necessary or appropriate in order to canply with such requirement or

limitation, or in the event that New Freedom Borough or New Freedom Authority, as

applicable, shall determine that it is necessary or desirable to make Capital

Additions or Extraordinary Repairs in order to maintain or improve the degree of

treatment or improve the efficiency of the operation of the plant, or canply with

law or lessen the likelihoodof liability to third parties or to avoid or settle

litigation, the parties agree that New Freedom Borough or New Freedom Authority,

as applicable, is authorized to make or cause to be made such Capital Additions

or Extraordinary Repairs including the payment of all related rusts and expenses,

including without limitation, engineering and legal costs and expenses [including

studies, surveys and analyses to determine whether it is necessary or desirable

to make Capital Additions or Extraordinary Repairs), costs of acquiring land and

rights -of -way. Such Capital Additions or Extraordinary Repairs shall

be made (except in case of emergency) only upon advice or recommendation of its

Consulting Engineers and upon prior written notification to, and in the case of

Capital Additions or Extraordinary Repairs costing in excess of $75,000.00 that

27



Ub/U8/90 SEWAGE/PLANTEXP/SERVAGRI%5 (NEB 10)

NEW Freedom Borough or New Freedom Authority, as applicable, shall have

determined to be necessary or desirable to make in order to maintain or improve

the degree of treatment or improve the efficiency of the operation of the plant

or comply with law or lessen the likelihood of liability to third parties or to

avoid or settle litigation approval of, Shrewsbury.

Arnactr VIII. SEWAGE TREATMENT AND TRANSPORTATION COSTS.

Section 8.01. Apportionment. Net Cost of Operation of the Treatment Plant,

as that term is defined in Section 1.01 hereof, shall be apportioned as

hereinafter provided on an annual basis among the parties connected to the

Treatment Plant in proportion to the annual actual volume of sewage and wastes

contributed by all of the partir- connected to the Treatment Plant, subject to

adjusbnent as hereinafter set forth. Shrewsbury Authority and Shrewsbury

Borough, as appropriate, shall pay to New Freedom Borough or New Freedom

Authority, as applicable, a percentage of such Net Cost of Operation, which

percentage shall be determined for Shrewsbury Authority and Shrewsbury Borough by

dividing the total actual volume of sewage and wastes received at the Treatment

Plant into the actual volume of sewage or wastes discharged from the Shrewsbury

Sewer Systen directly or indirectly into the Treatment Plant. Such volume

discharged by Shrewsbury Authority and/or Shrewsbury Borough shall be determined

at the metering chambers more particularly referred to in Section 5.03 hereof.

Section 8.02. Record Keeping by New Freedom. New Freedom Borough or New

Freedon Authority shall keep appropriate records and accounts with respect to

Cost of Operation of the Treatment Plant so that determinations which shall be

necessary under Section 6.01 can be made promptly, at the required times, with

fairness and accuracy. Certified audits of appropriate records and accounts of

28



Ub/UH/9U SE4AGE/pLAN1EXP/SERvAGRT.5 (NEB 10)

New Freedom Borough and New Freedom Authority, as applicable, with respect to the

Treatment Plant shall be made available to Shrewsbury Borough or Shrewsbury

Authority annually.

Section 8.03. Adjustments. Net Cost of Operation of the Treatment Plant,

as used in this ARTICLE VIII, shall mean the Cost of Operation thereof less the

following:

A. Any annual or periodic grants or contributions received fran any

federal, state or other governmental agency with respect to the Treatment Plant

which grants shall be applied to payment of such Cost of Operation. If any such

grants shall be paid to Shrewsbury Borough or Shrewsbury Authority, as

applicable, Shrewsbury Borough or Shrewsbury Authority, as applicable, shall

transmit the same promptly to New Freedom Borough or New Freedom Authority, as

applicable, for application to payment of such Cost of Operation.

B. Any surcharge imposed by New Freedom Borough or New Freedom Authority,

as applicable, with respect to excess volume or non-ouipliance as to quality

under ARTICLE VIII -A, or with respect to Industrial Wastes discharged to the

Shrewsbury Sewer Systen pursuant to provisions of ARTICLE X hereof, which

surcharges, together with any similar surcharges imposed by New Freedom Borough

or Na.' Freedom Authority with respect to other Industrial Wastes discharged into

the Treatment Plant shall be used and applied to such Cost of Operation.

C. Any fines or penalties recovered fran third parties by Na.' Freedom or

Shrewsbury (less costs expended in making the recovery), which in the case of

Shrewsbury shall be paid over to New Freedom on receipt.

Section 8.04. Payment.

A. In order to provide working capital for payment of Cost of Operation as

herein contemplated, ShrewsbUry Borough or Shrewsbury Authority, as applicable,

29



06/08/9U SB4AGE/PLANTEXP/SERVAGRT.5 (NFB 10)

shall make quarter -annual payments to New Freedom Borough or New Freedom

Authority, as applicable, on account of their proportionate share of Cost of

Operation on or before quarterly dates to be specified by New Freedom Borough or

New Freedom Authority, as applicable. Such quarter -annual payments shall be

determined as set forth in B., below, and unless adjusted as set forth in D.,

below, shall be equal in amount. Annually, such payments shall be reconciled as

set forth in C., below.

B. Such quarter -annual payments shall be based upon Shrewsbury's

proportionate net Cost of Operation for the preceding year as determined in

Section 8.01, adjusted to reflect anticipated changed conditions. Within sixty

(60) days after the close of each Fiscal Year, New Freedom shall furnish to

Shrewsbury an estimate of the net Cost of Operation for the then current Fiscal

Year in accord with the preceding sentence. Within thirty (30) days of such

estimate, Shrewsbury shall pay to New Freedom any amount which is necessary to

increase any previously paid quarter -annual payment for the current Fiscal Year

to one -quarter (1/4) of Shrewsbury's proportionate share of such estimate.

C. Within sixty (60) days after the close of each Fiscal Year, New Freedom

shall furnish a report to Shrewsbury showing the actual Cost of Operation and the

proper allocation of such costs among the parties hereto and any other party

using the Treatment Plant. Within thirty (30) days of such report, Shrewsbury

shall pay to New Freedom any deficiency properly chargeable against Shrewsbury

for the preceding Fiscal Year, and New Freedom, within such time, shall repay to

Shrewsbury any overpayment made by Shrewsbury during such Fiscal Year or shall

credit Shrewsbury for any such overpayment by application against the next

quarterly payment by Shrewsbury next to become due and payable.

30



Urn/U8/9U SEWAGE/FLAN1ExP/SMAGRT.5 (NEB 10)

D. New Freedom may revise the estimate referred to in B. from time to time

during the Fiscal Year in the event that it reasonably anticipates that it will

incur an increase in the Cost of Operation for the Fiscal Year of more than five

percent (5%) over and above the existing estimate, or has already experienced a

pro -rata portion of such an increase for the portion of the year which has

passed. In such event, Shrewsbury shall pay to New Freedom Borough or New

Freedom Authority within thirty (30) days of written notice thereof such amount

as is necessary to increase the aggregate of the payments for the previous

quarters of the current Fiscal Year to the amount which would have been required

if the amount of the revised estimate had been the amount determined pursuant to

B., above.

ARTICLE VIII -A. SURCHARGES.

Section 8A.01. For Excess Volume. In the event that

daily flow of Sewage Wastes discharged from the Shrewsbury

NEW Freedom Sewer System for a continuous period of thirty

shall exceed 1,330,000 gallons per day, Shrewsbury shall pay to New Freedom

Borough or New Freedom Borough Authority, as applicable, a surcharge, in addition

the arithmetic mean of

Sewer System to the

(30) consecutive days

to other payments required under this agreement. The surcharge shall

calculated in accord with the following formula:

Surcharge =

1,0000x/950 (Flow)0 _ 39L- 900 r000)

10,110T 1,000+ Cx/950

Surcharge = Surcharge x [(Flown - 39,900,000) +/1,000 1,000

Where:

be

(FlowN - 1,300,000 N)1,000

(FlowN - 1,300,000 N)]1,000

Cx/950 = Cost of expansion to 2.25 MGD per 1,000 gallons. This costdoes not include the cost of upgrading to 2.25 MCA).

31



UO/UbOU bEkNAGE/FLPINILAWSUHWAGtb (NrB iu)

Cx/95010,800

Flow30

Flow

Cost of expansion per 1,000 gallons divided by 10,800 days,where 10,800 is the number of days in the 30 -year lifeexpectancy of the plant. This value represents the surchargefactor.

Tbtal aggregate flow, in gallons, of the same 30 -daycontinuous period.

Tbtal aggregate flow, in gallons, for the number ofconsecutive days immediately following said 30 -day continuousperiod.

Number of consecutive days immediately following said 30 -daycontinuous period.

Surcharge = A dollar amount per 1,000 gallons used in computing thesurcharge.

The surcharge amount so determined shall be increased in the same proportion

as increases in the Consumer Price Index occurring after the date of the letting

of the contracts for the construction of such additional capacity. Payment of

such surcharge shall be made within thirty (30) days of receipt of a bill from

New Freedom Borough or New Freedom Authority, as applicable. New Freedom shall

also be subject to a similar surcharge in the event that the flow of sewage from

its collection system shall over a continuous period of thirty (30) days exceed

the balance of the capacity of the Treatment Plant after deducting the amounts

allocated to Shrewsbury and Railroad.

Section 8A.02. For Non -Compliance as to Quality. In the event that the

sewage discharged by the Shrewsbury Sewer System to the New Freedom Sewer System

shall fail to comply with New Freedom Borough Ordinances, or New Freedom Borough

Authority regulations, which prohibit the discharge of designated substances to

the New Freedom Sewer System, or limit the concentrations or amounts of

substances which may be so discharged, or which regulate the quality of the

sewage which may be discharged to the New Freedom Sewer Systen, Shrewsbury shall

\pay to New Freedom Borough or New Freedom Borough Authority, as applicable, in

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05/08/9U SEWAGE/PLANTEXP/SERVAGRL5 (NFB 10)

addition to its normal percentage of Net Cost of Operation of the Treatment Plant

determined under ARTICLE VIII, for the quarter -annual period during which the

failure to comply shall have occurred, a surcharge computed as follows:

"Quarterly Surcharge = 0.00834 Q (BOD - 250) A + (TSS - 300) B +

Where:

(Tot. P - 7) C + (NH3 -

0.00834 is a constant to convert waste strengthexpressed in mg/1 to thousand pounds of waste.

Q = quarterly industrial waste flow expressed inmillion gallons.

25) D

POD = 5 day BOO in mg/1 of the Waste.

TSS = Total Suspended Solids of Waste in mg/l.

Tot. P = Total Phosphorus of Waste, expressed asOrthophosphate, in mg/1.

NI -13 = Ammonia nitrogen of Waste, in mg/l.

250, 300, 7 and 25 = constants expressing wasteload strength in mg/1 for the respective pollutionparameters.

A, B, C and D = costs of treating 1,000 pounds ofwaste at the Authority's wastewater treatmentfacility for the respective pollution parameters. These costswill change as operating costs increase, or as flow at thefacility changes.

When a value for BOD, suspended solids and/or dissolved solids is less thanthe maximum allowable concentration set forth in the Waste Surcharge

-

Formula, the maximum allowable concentration shall be used in thecalculation of the Waste Surcharge."

New Freedom shall also be subject to a similar surcharge in the event that the

flow of sewage from its collection system shall similarly fail to comply.

Section 8A.03. Damages for Prohibited Discharge. In the event of a

discharge of excess sewage as c1P-ccribed in Section 8A.01, or of sewage which

fails to comply as to quality as described in Section 8A.02, Shrewsbury shall pay

to New Freedom Borough or New Freedom Authority, as applicable, the amount of any

33



06/0B/90 Sp4AGF/PLANTEXP/SERVAGRT.5 (NFB 10)

actual damage to the New Freedom Sewer Systen, the cost of correcting any

treatment process disruption, and any and all fines, penalties imposed or

assessed against New Freedom by any state or federal agency for a violation of

any permit for the construction, maintenance or operation of the New Freedom

Sewer Systen, or the discharge of treated effluent or the disposition of sludge,

or for the violation of any law governing the foregoing, resulting fran such

discharge. New Freedom shall bear the casts of any such damage, or correction,

and any fines or penalties, resulting fran a discharge from its collection system

to the Treabnent Plant of excess sewage as described in the last sentence of

Section 8A.01., or sewage which fails to comply as to quality as set forth in

Section 8A.02.

Section 8A.04. Actions at Law or in Equity. Nothing contained in this

ARTICLE VIII -A., shall be deemed to preclude or prevent Nag Freedom or Shrewsbury

crap instituting and maintaining an action at law for damages sustained as a

result of any discharge described in Section 8A.01., or Section 8A.02., hereof,

or an action in equity to enjoin the same, nor shall it be deemed to preclude or

prevent New Freedom, or Shrewsbury, from instituting and maintaining any such

actions against any person responsible for such discharge.

ARTICLE IX. ECU PAYMENTS.

Section 9.01. Amount; Limitation. In addition to charges or payments

applicable under ARTICLES TV, VI and VIII hereof, and any charges which hereafter

may became applicable under AnTICTES VIII -A, XI, or XIII hereof, Shrewsbury

Authority and Shrewsbury Borough, as applicable, agree to pay to New Freedom

Authority or New Freedom Borough, as applicable, the sum of Fourteen Thousand

`Dollars ($14,000.00), annually, the same to be paid in equal quarterly

34



06/08/90 SUvA(41-7pi.ANinAe/5t,hx/Ac,Hi.) kivrb lu)

installments of Three Thousand Five Hundred Dollars ($3,500.00) each, on or

before the 15th day of the months April, July, Drtober, and January of each and

every year, which shall be made without billing by New Freedom. Such payments

shall continua until all of the Sewer Revenue Bonds - Series 1971 of Nag Freedom

Authority shall be retired by payment of maturity.

ARTICLE X. INDUSTRIAL WASTES.

Section 10.01. New Frcodam Permit Required. Shrewsbury Authority and

Shrewsbury Borough agree to prohibit the discharge of any Industrial Wastes to

the Shrewsbury Sewer System except upon conditions set forth in this ARTICLE X

and only upon receipt of a written permit therefor by New Freedom Authority or

New Freedom Borough, as applicable.

Section 10.02. Discharger to File Questionnaire. Prior to permitting any

such discharge Shrewsbury Authority and Shrewsbury Borough shall file or cause to

be filed with New Freeluu Authority and New Freedom Borough an "Industrial Wastes

Questionnaire", to. be furnished by New Freedom Authority or New Freedom Borough,

which shall set forth pertinent data, including estimated quantity of flow,

characteristics and constituents with respect to the Industrial Wastes proposed

to be discharged to the Shrewsbury Sewer System.

Section 10.03. Abnormal Industrial Wastes. Nan Freedom Authority and New

Freedom Borough shall determine if such Industrial Wastes constitute Abnormal

Industrial Wastes, whether or not such Industrial Wastes shall be permitted to be

discharged into the NEW Freedom Sewer System and shall determine appropriate

surcharges to be made with respect to the treatment of such Industrial Wastes, if

any, which surcharge, to the extent practicable, shall be consistent with

surcharges imposed with respect to similar Industrial Wastes discharged directly

35



Uw UV/ lU OLJWzioLk/ .aLit,VZ

to the New Freedom Sewer System. Any such surcharges determined to be imposed by

New Freedom Authority or New Freedom Borough, as applicable, may be increased,

fran time to time, if New Freedom Authority or New Freedom Borough, as

applicable, shall determine that the then applicable surcharge shall not be

sufficient to compensate New Freedom Authority or New Freedom Borough, as

applicable, for the cost of handling such Industrial Wastes provided always that,

to the extent practicable, such surcharges shall be consistent with surcharges

imposed with respect to similar Industrial Wastes discharged directly to the New

Freedom Sewer System.

Section 10.04. Written Agreement with Dischargers. Shrewsbury Authority

and Shrewsbury Borough agrees not to permit the discharge of any such Industrial

Wastes to the Shrewsbury Sewer Systen until a written agreement with respect

thereto shall be entered into between New Freedom, on the one hand, and

_Shrewsbury and the owner of the Improved Property or proposed Improved Property,

on the other hand, setting forth the initial surcharge to be imposed hereunder

and other relevant conditions, including, if required, the construction and

maintenance of suitable control manholes and other devices as, fran time to time,

may be required by New Freedom Authority or New Freedom Borough, as applicable,

to facilitate observation, measurement and sampling by New Freedom Authority or

New Freedom Borough, as applicable, of such Industrial Wastes, which control

manholes and other devices shall be made available to New Freedom Borough and New

Freedun Authority at all reasonable times for all proper purposes. Any such

tntrol manhole or other device, when required by New Freedom Authority or New

Freedom Borough, as applicable, shall be constructed at an accessible, safe,

suitable and satisfactory location in accordance with plans approved by New

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06/08/9U SE4AGE/BLANTEXP/SERVAGRL5 (NM3 10)

Freedom Authority or New Freedom Borough, as applicable, prior to commenconent of

construction.

Section 10.05. Changes in Discharger Operations. Shrewsbury Authorit/ and

Shrewsbury Borough agree to prohibit all Industrial Establishments from changing

its method of operation in such manner as will alter the volume characteristics

or constituents of wastes to be discharged into the Shrewsbury Sewer System

without prior written approval of Nag Freedom Authority or Nag Freedom Borough,

as applicable, and any such change shall be subject to such conditions as may be

prescribed by Nag Freedom Authority or New Freedom Borough, as applicable, as

specified in such written approval.

Section 10.06. Flow Equalization. Shrewsbury Authority and Shrewsbury

Borough, upon request of Naa Freedom Authority or NEW Freedom Borough, as

applicable, agree to require Industrial Establishments having large variations in

rates of waste discharge to install suitable regulating devices for equalizing

waste flows into the Shrewsbury Sewer Systen.

ARTICLE XI. NEW FREEDOMWA= DISCEAFGE REGULATICNS.

Section 11.01. Shrewsbury to Adopt.

A. Shrewsbury Authority and Shrewsbury Borough, as applicable, agree to

adopt or enact, as applicable, and keep in force, resolutions, rules and

regulations and ordinances:

i. Prohibiting the discharge of waters, sewage and wastes to the

Shrewsbury Sewer System of the volume or character which, from time to time,

shall be prohibited from being discharged into the New Freedom Sewer System

pursuant to resolutions, rules and regulations or ordinances adopted or enacted,

as applicable, by New Freedom Authority or New Freedom Borough, as applicable.

37



Ub/Ud/1) bdinimG/PLANLEAF/SbRVA6H1M (Ntli 1U)

ii. Prescribing the same procedures to be followed before a person

shall discharge sewage into the Shrewsbury Sewer System and as a condition for

continuing such discharge, as those required of persons discharging sewage into

the New Freedom Sewer Systen, including by way of example and not limitation the

filing of applications for permits setting forth pertinent date, the issuance of

permits and periodic renewal thereof;

iii. Prescribing the circumstances under which monitoring chambers, or

pre-treatment of wastes, or holding tanks whereby wastes may be tested and found

to comply with applicable discharge limits before discharge into the Shrewsbury

Sewer System, as set forth in resolutions, rules and regulations or ordinance

adopted or enacted by New Freedom Borough or New Freedom Authority and applicable

to New Freedom Sewer System.

B. NEW Freedom Authority and New Freedom Borough has made available to

Shrewsbury Authority and Shrewsbury Borough existing resolutions, rules and

regulations and ordinances in effect with respect to the New Freedom Sewer

Sys ten.

C. New Freedom Authority and New Freedom Borough shall provide Shrewsbury

Authority and Shrewsbury Borough, within thirty (30) days of adoption or

enactment, copies of any resolutions, rules and regulations and ordinances which

modify or change the provisions regulating the discharge of waters, sewage or

wastes to the New Freedom Seder Systen. Shrewsbury Authority and Shrewsbury

Borough covenant and agree to adopt or enact, within sixty (60) days of receipt

of the foregoing, resolutions, rules and regulations and ordinances similarly

modifying or changing the provisions regulating the discharge of waters, sewage

or wastes to the Shrewsbury Sewer system.

38



06/08/90 SENAGE/PLANIEXP/SERVAGRT.5 (NFB 10)

Section 11.02. Enforcement; New Freedom Personnel as Enforcement Agents.

Shrewsbury Authority and Shrewsbury Borough covenant and agree to enforce, to the

extent permitted by law, all resolutions, rules and regulations and ordinances of

the sort referred to in Section 11.01., from time to time so adopted or enacted.

Shrewsbury Authority and Shrewsbury Borough covenant and agree to appoint persons

designated by NEW Freedom as their agents for the purpose of enforcing such

rules, regulations and ordinances, and shall reimburse New Freedom for the costs

incurred in enforcement efforts within the area served by the Shrewsbury Sewer

System.

Section 11.03. Obligations of Other Municipalities. Shrewsbury Borough and

Shrewsbury Authority shall require all other municipalities in which either shall

provide service, or whose own sewer system is connected to the Shrewsbury Sewer

System, to assume obligations similar to those assumed by than in this ARTICLE

I, which shall be for the benefit of and enforceable by New Freedom, as well as

Shrewsbury.

ARTICLE XII. SiUBM WAibR, INFLO47 AND INFILTRATION.

Section 12.01. Storm Sewers. Shrewsbury agrees that following the date of

this Agreement it will not connect, or cause or allow to be connected, any storm

water sewer or other storm water conveyance system or facility to the sanitary

sewer system within its service area.

Section 12.02. Serration of Combined Sewers. Shrewsbury agrees that it

will separate and disconnect from the sanitary sewer system any and all storm

water sewers or other storm water conveyance system or facilities within its

service area.

39



U0/ lid/ 9U 512141.461"j/ e1) -1N11- i/ bbRV,%UHL.5 ( (It 13 1U /

SPrtion 12.03. Storm Water Discharge Prohibited. Shrewsbury shall not

cause, allow or permit any user connected to such Municipality's sewer system

within its service area, or by any other means, to discharge or introduce into

the sewer system any storm water or storm water runoff by roof drains, foundation

drains or any other collection and conveyance system, nor cause, allow or permit

any spring water or surface water from any other source to he discharged by any

person into the sewer system.

Section 12.04. Ordinances. Shrewsbury agrees to lawfully adopt and keep in

effect during the term of this Agreement an ordinance prohibiting any user of the

sewer system within its service area or any other person from discharging or

introducing into the rawer system any storm water or surface water prohibited by

Section 12.03. Such ordinance shall provide, in addition to any other

enforcenent actions, for violation penalties of up to the maximum fine and

mprisonment allowed by law to municipality of its class.

Section 12.05. Infiltration and Inflow. Shrewsbury agrees that it will at

all time keep the sewer system within its service area in good order and repair

so as to prevent involuntary inflow or infiltration of storm water or surface

water of any kind into the sewer system. To effect this covenant, Shrewsbury

agrees to adopt a regular and continuing schedule of surveying all sewers and

interceptors within its service area by television or other standard acceptable

means, and to repair and correct any deficiencies determined therefrom.

Shrewsbury further agrees that at such places as there shall be excessive inflow

of storm water or surface water of any kind through manhole covers or other sewer

facilities, that it will install protective devices or such other structures or

facilities as will eliminate such inflow to the extent reasonably practicable.

90



UU/Ub1/7U bLI,VtItoP,/ .V Nr01V1

Section 12.06. New Freodam Assumes Similar Obligations. New Freedom shall

be subject to obligations similar to those assumed by Shrewsbury in Sections

12.01 - 12.05.

ARTICLE XIII. MISCELLANEOUS.

Section 13.01. Access. Shrewsbury Borough and Shrewsbury Authority shall

provide authorized representatives of New Freedom Borough and New Freedom

Authority with access at reasonable times to the Shrewsbury Sewer System in order

to assure compliance with the terms of this Agreement. New Freedom Borough and

New Freedom Authority shall provide authorized representatives of Shrewsbury

Borough and Shrewsbury Authority with access at reasonable times to the Treatment

Plant in order to assure compliance with the terms of this Agreement.

Section 13.02. New Freedom's Agreements. New Freedom Borough and New

'reedan Authority, as appropriate, covenant and agree that they will endeavor to:

A. Maintain the New Freedom Sewer System in good repair, working order and

condition;

B. Continuously operate the same;

C. From time to time make all necessary repairs, renewals and replacements

thereof and all necessary improvements thereto in order to maintain adequate

service; and,

D. Comply with all present and future laws, rules, regulations, permits,

orders and requirements lawfully trade by the Pennsylvania Department of

Environnental Resources or any other governmental body having jurisdiction.

Section 13.03. Shrewsbury's Agreements. Shrewsbury Borough and Shrewsbury

Authority, as appropriate, covenant and agree that they will endeavor to:

41



-Jul, VW it, LLAt L. J I IJL0 JU I

A. Maintain the Shrewsbury Sewer System in gccd repair, working order, and

condition;

B. Continuously operate the same;

C. Fran time to time make all necessary repair, renewals and replacements

thereof and all improvements thereto in order to maintain adequate service and

eliminate any excess infiltration which may develop in the Shrewsbury Sewer

System; and,

D. Comply with all present and future laws, rules, regulations, permits,

orders and requirements lawfully made by the Pennsylvania Department of

Environmental Resources or any other governmental body having. jurisdiction.

Section 13.04. New Freedom's Agreements with Others. New Freedom Authority

and New Freedom Borough may enter into any new or additional agreement concerning

transportation and disposal by New Freedom Authority or New Freedom Borough, as

appropriate, of sewage and wastes from any other municipality, municipality

authority or other person; provided, however, that no such new or additional

agreement shall impair the ability of New Freedom Authority or New Freedom

Borough, as appropriate, to receive, transport and dispose of sewage and wastes

collected in the Shrewsbury Sewer System in accordance with the terms of this

Agreement, and further, that New Freedan shall not serve customers located within

the limits of Shrewsbury Borough or Shrewsbury Township without the consent of

Shrewsbury in the former case or Shrewsbury Township in the latter.

Section 13.05. Shrewsbury's Payments. Shrewsbury Borough and Shrewsbury

Authority, as appropriate, covenant and agree that the sums payable to Na.'

Freedom Borough or NEW Freedom Authority, as appropriate, hereunder will be paid

at the time set forth herein without suspension or abatement of any nature.

42



oc/ L.), -IL) L1.a Qv ..itl,itvilL.310..J tql 1V)

Shrewsbury Borough and Shrewsbury Authority, as appropriate, covenant and

agree that they will provide in their respective annual budgets during the term

hereof, commencing with the annual budgets for the first year in which payments

are due hereunder to New Freedan Borough or New Freedom Authority for sufficient

current revenues, including revenues rereived from operation of the Shrewsbury

Sewer Systen, which, together with such other funds as legally may be available,

will enable Shrewsbury Borough and Shrewsbury Authority, as appropriate, to pay

all their obligations to Na' Freedcm Borough and NEW Freedom Authority hereunder

in each such year, unless such payments are provided to be paid fran other funds.

If Shrewsbury Borough and Shrewsbury Authority, as appropriate, shall not

pay any obligation hereunder during any year, the unpaid balance shall be

provided for and paid from current revenues for the succeeding year, in addition

to all obligations payable hereunder in such succeeding year.

Shrewsbury Borough and Shrewsbury Authority covenant and agree to provide in

any Agreement of Lease, Trust Indenture or other document entered into in

connection with construction of, operation of or financing of construction of the

Shrewsbury Sewer System authorization to pay fran revenues derived from operation

of the Shrewsbury Sewer System of all periodic payments due hereunder.

Any sums payable hereunder to New Freedom or New Freedom Authority, as

appropriate, if not paid as and when due, shall bear interest at the highest tax

free interest rate then charged by Philadelphia National Bank, or its successors

in interest, or the actual interest rate paid by New Freedan Borough or New

Freedom Authority if the amount of the late payment is borrowed, plus two (2)

percent per annum, whichever is greater.

43

