[Ord. 1833, 11/11/1996, § 2]
The Pottstown Borough Authority.
The Burgess and Town Council of the Borough of Pottstown.
Every separate family, person, business, institution, etc.,
to major degree that is a separate unit.
The owner of a property to which water service is provided
and who contracts for water service to a property which is classified
as a premises.
The property or area, including improvements thereon, to which
water service is or will be provided through water lines of the Authority
on which the property abuts and on which the improvements face and,
as used herein, shall be taken to designate: customer, and occupied
as one residence or one place of business, having one occupancy, either
as a customer or consumer.
A group or combination of buildings owned by one customer, in
one common enclosure, occupied by one family or one corporation or
firm, as a residence or a place of business, or for manufacturing
or similar institution, either as customer or consumer.
One side of a double house having a solid vertical partition
wall, occupied either as a customer or consumer.
One side or part of a house occupied by one family as either
customer or consumer even though the closet and/or other fixtures
are used in common.
A public building devoted entirely to public use, such as town
hall, schoolhouse, fire engine house, etc., occupied as a customer
or consumer.
A single lot or park or playground, occupied as customer or
consumer.
Each house in a row of houses, occupied as customer or consumer.
Each individual and separate place of business and/or occupancy
located on one building or group of buildings commonly designated
as shopping centers, supermarket areas and by such other terms, occupied
as a customer or consumer.
Each dwelling unit, a dwelling unit being defined as a building
or a portion thereof with exclusive culinary facilities designed for
occupancy and use by one person or one family, even though said dwelling
unit may share sanitary facilities with other dwelling units, occupied
as customer or consumer.
Where a building is occupied by more than one industrial user
or any combination of residential users, each such family, commercial
or industrial user shall constitute a customer or consumer.
When a building or a portion of a building is occupied by one
customer or consumer and used for more than one purpose, that is,
a combination of residential and commercial and industrial or residential
and industrial, each area so used for separate purposes shall constitute
a customer or consumer or each trailer shall constitute a customer
or consumer.
[Ord. 1833, 11/11/1996, § 2]
1.
Water, including that being provided to public or private swimming
pools, is sold by meter only, except as noted under § 104
on unmetered sales.
2.
Accounts are computed and bills rendered quarterly, except as directed
otherwise by the Authority.
3.
The Authority may, by resolution, establish special water districts
with special water rates. Said water districts may be necessary to
cover special costs relative to water purchase and resale to portions
of the Authority's system.
[Ord. 1833, 11/11/1996, § 2]
1.
Minimum Charge. All customers who are metered will pay a minimum
quarterly charge, which shall be nonabatable for nonuse of water and
noncumulative against subsequent consumption, governed by the meter
size and contain a minimum allowance for water. The rates shall be
charged in accordance with the fee schedule established by the Authority.
2.
Metered Rates. The minimum charge entitles the customer to use the
number of cubic feet per quarter which the minimum charge pays, in
accordance with the fee schedule established by the Authority. All
water used each quarter in excess of the amount covered by the minimum
charge per quarter shall be paid in accordance with the schedule of
rates.
[Ord. 1833, 11/11/1996, § 2]
1.
It is the intent of this section to prescribe strict regulations
for the use of fire hydrants and service lines in obtaining unmetered
or bulk water. Unauthorized use of Authority facilities endangers
the health, safety and welfare of the Authority's customers and must
be controlled. Backflow of contamination, dirty water and damage to
facilities are consequences of unauthorized use. In addition, such
use may constitute any of several offenses under the Crimes Code.
2.
Permits will be granted for building water and bulk tank truck hauling.
Under no circumstances will permits be granted for the filling of
any container or tank truck that holds or is used to carry any fertilizer
or organic compound.
3.
Building Water.
A.
Residential building water will be furnished to each developer through
service connections only. Each person desiring building water for
residential units shall make application to the Authority or its designated
agent for a building water permit. The cost of the permit shall be
in accordance with the fee schedule established by the Authority.
B.
Commercial and industrial building water shall also require a permit
and fee in accordance with the fee schedule established by the Authority.
All building water connections must contain backflow devices provided
by the developer.
4.
Bulk Water.
A.
Upon application by the water user, bulk water permits for the taking
of water from a water source at the water treatment facility for delivery
into a tank licensed for potable bulk water hauling under the Pennsylvania
Safe Drinking Water Act[1] will be granted for a period of one year. Charges for
such a permit shall be in accordance with the fee schedule established
by the Authority.
[Amended by Ord. 2167, 9/14/2017]
[1]
Editor's Note: See 35 P.S. § 721.1 et seq.
B.
Other bulk water permits for the taking of water from fire hydrants
shall be issued for a period of one year at a permit fee in accordance
with the fee schedule established by the Authority.
[Ord. 1833, 11/11/1996, § 2]
1.
Public Fire Protection. When, in the judgment of the Authority, it
is practical and will in no way endanger the general water service
in the vicinity, the Authority, or its agent, will install public
fire hydrants in municipalities outside the Borough at the municipality's
expense, subject to the rates governing such service.
2.
Private Fire Protection. When, in the judgment of the Authority,
it is practical and will in no way endanger the general water service
in the vicinity, private fire service mains to be used exclusively
for fire protection may be allowed, subject to special contract and
rules, rates and regulations governing such service. In such cases,
after investigation and approval by the Authority, or its agent, the
consumer may, at its option, use a separate service line to be used
exclusively for the extinguishing of fires. The separate service connection
in such case, and the entire service installation, shall be paid for
by the consumer.
3.
Use of Hydrants. No fire hydrant shall be used for sprinkling streets,
flushing sewer or gutters, for shower sprays, for contractors' or
builders' purposes or for any other than fire purposes, except with
the approval of the Authority, or its agent. Permits for the use of
water from fire hydrants for such purposes will not be granted, except
in cases where such use is deemed by the Authority, or its agent,
to be urgent and other means of obtaining water are not available.
Any permit so granted shall be revocable at the pleasure of the Authority
in every instance.
[Ord. 1833. 11/11/1996, § 2; as amended by Ord.
1846, 2/10/1997, § 3]
1.
General.
A.
All bills for service furnished by the Authority will be based on
the Authority's fee schedule and/or other fees as outlined in the
Water Department rules and regulations.
B.
Regular meter reading will be made monthly or quarterly at the option
of the Authority.
C.
Bills shall be rendered quarterly unless directed otherwise by the
Authority and will include charges for all water consumed during the
billing period, plus any other applicable fees.
D.
Should a meter fail to register or the Authority, or its agent, was
unable to read the meter for any part of a quarter, the consumption
for the quarter shall be estimated on the basis of the consumption
of the previous three full quarters and a bill rendered for the average
amount so obtained.
E.
In case of excessive meter registration, no adjustment will be made
of bills prior to the billing period in which complaint was made or
of bills of a previous customer.
2.
Condominiums and Similar Type. Condominiums and similar type housing
units which embody the principal of individual purchase and ownership
of the consumer units shall have individual services and meters installed
to service each consumer unit and shall be billed accordingly or,
at the discretion of the Authority, a master meter may be required
to serve the complex.
3.
Payment of Bills. Bills for metered customers/owners will be rendered quarterly of each year for the prior three months. Bills remaining unpaid after the due date of the statement will be charged additional interest and penalty as set forth in § 107, Subsection 6, below. The Authority or its agent reserves the right to shut off water supply after giving written notice in compliance with applicable Pennsylvania law to the customer/owner. Said water shall remain shut off until the water rent, penalty and costs of turning off and on have been paid in full by the consumer or customer/owner. Payments received on or previous to the last day of the specified period will be deemed to be payment of the bill within that particular period. All bills will be the responsibility of the customer/owner. The consumer or occupant of a single metered property may be billed as a matter of convenience, but all bills will ultimately be the responsibility of the property owner.
4.
Location for Payment. Payments may be made at the locations specified
on the invoice for services provided.
5.
Accuracy of Bills. Any customer or consumer, upon receipt of a bill,
having reason to doubt its accuracy, shall bring or mail the bill
within five days to the Authority for investigation.
6.
Failure to Receive Bill. Bills or notices relating to the Authority
or its business shall be mailed to the customer's last address as
shown by the books of the Authority, and the Authority, or its agent,
shall not be otherwise responsible for delivery. The Authority, or
its agent, shall give or mail all such notices and bills to the address
given on the application until a change, in writing, has been filed
with the Authority, or its agent, by the applicant. Failure to receive
a bill shall not exempt any customer from a payment or penalty. The
presentation of a bill to the customer is only a matter of accommodation
and not a waiver of this rule.
7.
Certification of Final Bill. Requests for certification of final
bill must be made in writing by the customer and will be issued for
a fee in accordance with the Borough's fee schedule.
8.
Returned Checks. A fee for a returned check unpaid by a financial
institution will be assessed to the customer's account for which the
check was intended, in accordance with the Borough's fee schedule.
[Ord. 1833, 11/11/1996, § 2; as amended by Ord.
1846, 2/10/1997, § 4; by Ord. 1891, 7/12/1999, § 2;
and by Ord. 1995, 3/14/2005, § 2]
1.
General Conditions. Service under an application may be discontinued
for any of the following reasons:
A.
Nonpayment of water bills.
B.
Misrepresentation in the application as to property or fixtures to
be supplied or the use to be made of the water supply.
C.
Use of water for any property or purposes other than described in
the application.
D.
Waste of water through improper or imperfect pipes, fixtures or otherwise.
E.
Failure to maintain, in good order, connections, service lines or
fixtures beyond the curb and owned by the applicant.
F.
Molesting any service pipe, meter, curb stop or seal or any appliance
of the Authority.
G.
Violation of any rule of the Authority.
H.
Vacancy of the premises.
2.
Tampering with Curb Cock. If the Authority or its agent has reason
to suspect that any consumer has tampered with the curb cock after
the water has been turned off from the premises, the Authority, or
its agent, will shut off the water at the main, and it will not be
again turned on until satisfactory assurance is given to the Authority
or its agent that the practice will be discontinued.
3.
Failure to Repair Leak. All leaks in the service pipe from the curb
to and upon the premises supplied shall be promptly repaired by the
consumer; on failure to make such repairs immediately after detection
of a leak, the Authority or its agent will turn off the water and
it will not be again turned on until all necessary repairs have been
made and are satisfactory to the Authority or its agent.
4.
Nonpayment of Sewer Rent. Upon proper notification, the Authority
is required to discontinue water service for nonpayment of sewer rent.
Charges for this service shall be in accordance with the fee schedule
established by the Authority.
5.
Charge for Turning Off and On for Nonpayment of Bills. The Water Department is hereby authorized to charge a fee, in an amount as established from time to time by resolution, for turning water supply off and on for nonpayment of bills as provided in § 106, Subsection 3, of this Part.
6.
Penalty for Late Payment. If any quarterly installment of billing
for water usage is not paid within 30 days after the date of the bill,
a 10% penalty shall be added thereto; if the installment, plus penalty,
is not paid within 60 days after the date of the bill, the aggregate
amount thereof shall bear interest from the penalty date at a rate
of 9% per annum, or the maximum rate permitted by law. Any unpaid
water bill (together with penalty and interest thereon, to the extent
permitted by law) and all delinquent costs shall be a lien on the
property served, which may be collected by action in assumpsit, by
distress and/or by lien filed in the nature of a municipal claim,
and/or by termination of the services as and to the extent provided
by law. In addition, any costs and/or reasonable attorneys' fees incurred
by the Authority/Borough shall be added to the unpaid water bill,
along with penalties and interest as set forth above, and the aggregate
of same shall be entered as a lien on the property served and collected
in the manner provided by the Municipal Claims Act, 53 P.S. § 7101
et seq. The Borough hereby adopts the following fee schedule to be
paid to legal counsel for representation in proceedings to recover
any delinquent municipal claim. The Borough approves these fees and
finds them fair and reasonable for the services to be rendered and
shall impose them upon the property owner in proceedings to recover
delinquent municipal claims, together with any additional out-of-pocket
costs for necessary expenses:
A.
Administrative Charge. Any administrative fee incurred for mailing
the notice of delinquency, not to exceed $50, being a cost of collection
under the Municipal Claims and Tax Liens Act, shall be assessed.
B.
Interest. Interest will be assessed upon all delinquent municipal
claims and taxes at a rate of 10% per annum.
C.
Legal Services.
|
Legal Services
|
Fee For Services
| |
|---|---|---|
|
Initial review and sending first demand letter
|
$160
| |
|
File lien and mail second demand letter
|
$175
| |
|
Prepare writ of scire facias
|
$175
| |
|
Obtain reissued writ
|
$30
| |
|
Prepare and mail letter under PA. R.C.P. § 237.1
|
$30
| |
|
Prepare motion for alternate service
|
$175
| |
|
Prepare default judgment
|
$175
| |
|
Prepare writ of execution
|
$800
| |
|
Attendance at sale; review schedule of distribution and resolve
distribution issues
|
$400
| |
|
Continue Sheriff sale
|
$50
| |
|
Petition to assess damages
|
$50
| |
|
Petition for free and clear sale
|
$400
| |
|
Prepare bankruptcy proof of claim
|
$100
| |
|
Handling fee for returned check
|
$30
| |
|
Handling fee to issue refund check
|
$20
| |
|
Bookkeeping fee for payment plan of more than 3 payments
|
$50
| |
|
Services not covered above
|
At an hourly rate between $60 to $225 per hour
|
D.
The amount of fees determined as set forth above is fair and reasonable
for the services to be provided and shall be added to the Borough
of Pottstown's claim in each account.
E.
There shall be added to the above amounts the reasonable out-of-pocket
charges, costs, expenses, commissions and fees, such as but not limited
to postage, title searches, prothonotary fees and Sheriff fees.
F.
The amount of charges, expenses, commissions and fees determined
as set forth above shall be added to the Borough of Pottstown's claim
in each account.
7.
Customer Requested Termination of Service. When a premises is vacant
and the owner wants to terminate water service, the owner shall notify
the Authority or its agent, in writing, and water will be turned off.
The owner shall be responsible for the charges/fees levied in accordance
with the current schedule of charges for the turning off of the water.
The turning off of the water shall be performed by the Authority or
its agents, and the usage charge shall not be imposed for the premises
while the water service is turned off. The service charge shall continue
while the water service is temporarily terminated. When the owner
wants to resume water service to the premises, the owner shall notify
the Authority or its agent, in writing, and water service shall be
turned on. The owner shall be responsible for the charges/fees levied
in accordance with the current fee schedule for the turning on of
the water. Usage charges shall resume as of the date that water service
is restored to the premises.
[Amended by Ord. 2129, 11/10/2014]
8.
Charges When Water Service is Turned Off. Water rates consist of
a usage charge and a service charge. In the event that water service
is turned off to a premises for any reason, the usage charge shall
cease as of the date that the water service is turned off. The service
charge shall apply to the premises as long as water capacity is allocated
to the property. Accordingly, billing for the service charge will
continue when water service is turned off. If a property owner thinks
that water service is no longer needed for a premises, the owner may
request, in writing, that water capacity for the premises be relinquished.
In that instance, the Authority shall review the request and determine
if water service is required for the premises, which determination
shall be in the sole discretion of the Authority. In the event that
the Authority determines that the request shall be honored, the owner
shall obtain any permits necessary, pay any deposits required and
disconnect the premises from the public water supply in a manner acceptable
to and approved by the Authority. The owner shall be responsible for
all of the costs/fees/deposits associated with the disconnection and
inspection. Once capacity to the premises is relinquished, there shall
be no refund or credit for water rates which shall be charged to the
date the capacity is relinquished or for the cost of the capacity
(tapping fee). In the event that the owner or a future owner of the
premises wishes to have water service to the premises, the owner shall
be required to make application and pay all of the then-applicable
fees/charges (including a tapping fee) to have water service for the
premises.
[Added by Ord. 2129, 11/10/2014]
[Ord. 1833, 11/11/1996, § 2]
1.
Size of Meters. The size of water meters will be selected as specified
and in accordance with the "Standard Technical Specifications and
Requirements for the Construction of Water Mains and Appurtenances,
dated May 21, 2019, and approved by the Authority on May 21, 2019,
which are incorporated herein by reference (hereinafter referred to
as "Latest Revision"). A copy of the specific changes to the Latest
Revision are attached hereto, incorporated herein marked as "Exhibit
A."[1]
[Amended by Ord. 2167, 9/14/2017; and by Ord. No. 2188, 7/8/2019]
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
2.
Ownership of Meters. All meters and remote meters, except in the
case of new construction and improper maintenance by the owner, shall
be furnished by the Authority, or its agent. The meter and/or remote
meter shall become the property of the Authority, or its agent, and
be accessible to and subject to its control. They shall be conveniently
located at a point approved by the Authority or its agent. If indoors,
they shall be placed not less than six inches nor more than 48 inches
above the floor at a readily accessible location, safe from freezing
and vandalism, and shall have a shut-off valve ahead of the meter.
The property owner may, at his cost and option, have the meter installed
in an outside frostproof box at an accessible location, subject to
the Authority's specifications and approval. A bypass shall be installed
in all meters 1 1/2 inches or larger, excluding fire meters,
whether installed inside a building or in a meter pit. The valve on
the bypass shall be sealed by the Authority, or its agent, and shall
remain sealed at all times except when the meter is removed for servicing
by the Authority or its agent.
3.
Location of Meters. The location of meters will be selected as specified
and in accordance with the Latest Revision.
[Amended by Ord. 2167, 9/14/2017]
4.
Protection of Meters. The customer shall be responsible to the Authority
or its agent for any injury to or loss of any meter arising out of
or caused by customer's negligence or carelessness, or that of his
servants, agents, employees or any person upon his premises, under,
or by authority of, his consent or sufferance. The customer shall
permit no one, not an agent of the Authority or otherwise lawfully
authorized to do so, to remove, inspect or tamper with the Authority's
meter or other property of the Authority on his premises.
5.
Meter Testing.
A.
All water meters are carefully tested by the Authority, or its agent,
before they are installed; and after their installation, they are
tested as frequently as circumstances warrant.
B.
In case of a disputed account involving the question as to the accuracy
of a meter, such meter will be tested by the Authority, or its agent,
upon the request of the customer, in conformity with the general practice
of water service utilities, upon payment of fees in accordance with
the Authority's fee schedule.
C.
The fee stipulated in the fee schedule shall be payable by the customer,
in advance, according to the Authority's fee schedule. In the event
that the meter so tested is found to have an error in the registration
in excess of 4%, the cost of the test will be borne by the Authority,
and the advance fee will be refunded, and the bill rendered, based
on the last reading of such meter or meters, shall be corrected accordingly.
This correction shall apply both for over- or under-registration.
D.
The Authority, or its agent, reserves the right to remove and test,
at any time, and if such meter is found to be inaccurate, to substitute
another meter of the same size in its place, either permanently or
temporarily.
6.
Meter Removal. The removal of a meter at a customer's request is
subject to charges in accordance with the Authority's fee schedule.
7.
Remote Meters. The Authority, or its agent, reserves the right, at
its option, to install meters and remote meters on properties of any
and all consumers, including, but not limited to, domestic, commercial,
industrial, public or private consumers, apartment houses, public
or private swimming pools and any and all other uses. The Authority,
or its agent, shall have the right and option to restrict meter installation
to one meter per service line.
[Ord. 1833, 11/11/1996, § 2]
1.
In order for Authority to provide water service, Authority water
mains must be in place along the entire frontage upon public or private
roads of the premises to be serviced, and a service line from the
Authority's water main to the curb must be installed. If Authority
water mains do not extend along the entire frontage of the property
to be serviced, a water main extension will be required before water
service will be provided.
2.
All water line installations shall be constructed in accordance with
the Latest Revision, which is incorporated herein by reference.
[Amended by Ord. 2167, 9/14/2017]
A.
Main Extensions. Authority water mains may not be extended without
the approval of the Authority. A party/parties who requires an extension
of Authority mains in order to receive water service shall file an
application to extend water main(s) with the Authority. Upon receipt
of the application and the project review fee, if any, the Authority
will prepare installation drawings and a water main extension agreement.
(1)
Project Review.
(a)
Any application to extend Authority water mains to service two
or more residential units or one or more commercial or industrial
units will be subject to preliminary project review by the Authority.
The applicant shall submit, in addition to the usual application to
extend water main(s), plot plans and a nonrefundable project review
fee. Fees shall be paid in accordance with the Authority's fee schedule.
(b)
The project review fee covers legal, engineering and other expenses
incurred by Authority in connection with its review of the proposed
plan. Under no circumstances will any portion of the project review
fee be refunded to an applicant.
(2)
Water Main Extension Agreements.
(a)
No extension of Authority water mains will be permitted until
the applicant has received the approval of the Authority and has entered
into a written water main extension agreement with the Authority.
The agreement shall provide, inter alia, that the costs of the water
main extension in or along the entire frontage of the applicant's
property on or along public or private roads, and any additional extension
required to connect with the Authority's water mains, shall be borne
by the applicant. The agreement shall further provide for the securement
by the applicant in a manner acceptable to the Authority of the full
estimated costs of the installation of the necessary lines and appurtenances,
including, but not limited to, costs for materials, labor, installation,
inspection and testing, supervision and legal and engineering expenses.
The agreement shall specifically state the number of premises to be
serviced by the extension. Under no circumstances shall additional
premises be serviced in the absence of approval by the Authority,
which approval shall be conditioned upon compliance with the then-existing
Authority rules and regulations.
(b)
In addition, at the time of signing the agreement, the applicant
shall pay to the Authority such fees as set by the fee schedule established
by the Authority. Tapping fees, as provided by the fee schedule established
by the Authority, shall also be paid at the time of the signing of
the agreement. In addition, at the time of signing the agreement,
the applicant shall deposit a security deposit in an amount established
by the Authority for the payment of charges for repairs to the water
main extension and service lines. The Authority shall hold the security
deposit on account for one year from the date the mains are dedicated
to the Authority. At the expiration of one year, the Authority shall
return to the applicant all funds which remain in the security deposit
account, along with an itemized statement of the repair charges which
have been satisfied therefrom.
(3)
Ownership of Water Main Extensions. All easements shall be dedicated
to the Authority prior to the construction of any water main extensions.
Upon completion of the water main extension, all mains and appurtenances
shall be dedicated to the Authority.
(4)
Size of Lines. The size of pipe to be used in main extensions
shall, unless the Authority provides otherwise, be a minimum of eight
inches for single-family residential and 12 inches for high-density
residential, commercial and industrial.
(5)
Payment for Filling and Flushing Water Lines. Each developer
will be charged a flat fee for the water used in filling and flushing
new water lines. This fee is part of the 10% engineering and overhead
estimate that appears in each extension agreement and will be billed
in accordance with the fee schedule established by the Authority.
B.
Service Connections. Hereafter, only one premises will be supplied
through one service pipe.
(1)
Application for Service Connections. Application for a water
service line, either for a new line or a renewal, must be made by
the owner or authorized agent of the property requesting the installation.
Upon approval of the application, the Authority, or its agent, will
install the service line from the main to the curbline. This installation
will include the service pipe, curb stop, corporation stop, curb box
or any other materials required, all of which shall be the property
of the Authority and shall always be accessible to and under its control.
The Authority, or its agent, reserves the right to defer the installation
of service connections during the winter months until such time as,
in the judgment of the Authority, or its agent, conditions are suitable
for their expeditious and economical installation. The applicant shall
be required to pay all the costs of making the installation of the
service line, including labor, materials, equipment and permits.
C.
Water Lines from Curb to Premises. Water lines beyond the curb shall
be installed and maintained by and at the expense of the customer.
All leaks between the curb box and meter must be repaired by the property
owner upon discovery. The portion of the water line installed by the
customer shall not be less in size and quality than the service line
installed in the street by the Authority, and shall be laid not less
than three feet six inches below the surface, and shall not be covered
until the tap on the main is made and water tested. If any defects
in workmanship or materials are found, the service will not be turned
on until such defects are remedied. All plumbing connections shall
be able to stand a pressure of at least 175 pounds per square inch.
Water lines which pass over property owned by persons other than the
owner of the premises to be supplied shall not be installed unless
the owner of the premises supplied assumes all liability and furnishes
a right-of-way agreement in a form satisfactory to the Authority.
The water line from the curb to the premises shall be kept in good
condition by the customer under penalty of discontinuance of service
by the Authority. The Authority reserves the right to inspect the
plumbing on any premises; and if it shall be found not in conformity
with Authority rules and regulations, the Authority reserves the right
to refuse to furnish water until objectionable or improper work is
corrected.
D.
Application for Water Service.
(1)
Application by Property Owner. Any property owner desiring a
supply of water from an existing service connection must make a written
application to the Authority at least three days before service is
desired, Said application must be properly approved by the Authority,
or its duly authorized agent, before the water will be turned on.
(2)
New Application Upon Change of Ownership or Change of Service.
A new application must be made and approved by the Authority, or its
agent, upon any change in ownership or tenancy if in the tenant's
name or in the service as described in the previous application; and
the Authority, or its agent, shall be at liberty to discontinue the
water supply until such application has been made and approved.
(3)
Special Cause. Applications for permits for special uses of
water and/or any services not specified in these rules and regulations
will be reviewed in accordance with the Latest Revision.
[Amended by Ord. 2167, 9/14/2017]
E.
Miscellaneous Rules.
(1)
Connection of Outlets Between Mains and Meters. No connections
or outlets will be permitted on the service pipe or pipes supplying
any premises between the street main and the meter. All water used
must pass through a meter.
(2)
Opening and Closing Valves and Curb Stops. Water shall not be
turned on for any premises except by a representative of the Authority,
or its agent. A plumber, to enable him to test his work, may turn
water on at a premises for such purpose, in which case he shall immediately
turn water off after the test is made.
(3)
Two or More Customers on Same Line. Under circumstances where
two or more customers are supplied with water from the same service
connection in a manner previously, but no longer, permitted by the
Authority, the Authority will, at the expense of the property owner(s),
replace such service connection by a separate service connection,
with a curb stop and curb box for each supply, whenever such service
connection shall, for the purpose of repairs, require the main stop
to be closed.
(4)
Violation of Rules Where Two or More Customers Are on the Same
Service. Where two or more customers or consumers are on the same
single service, any violation of the rules of the Authority by either
or any of said customers or consumers shall be deemed a violation
as to all, and the Authority may take such action as could be taken
against a single customer, except that such action shall not be taken
until the innocent customer who is not in violation of the Authority's
rules has been given a reasonable opportunity to attach his pipes
to a separately controlled service connection.
(5)
Pressure-Reducing Valves. On all new service connections of
residential service lines, the customer shall install a pressure-reducing
valve. On all new service connections of commercial and industrial
service lines, the customer shall install a pressure-reducing valve
where the pressure in the main exceeds 80 pounds per square inch.
Maintenance of the above valves is the responsibility of the owner.
[Amended by Ord. 2167, 9/14/2017]
(6)
Written Permit for Customers or Consumers who Supply Other Persons
or Families. No owner or tenant of any premises supplied with water
by the Authority will be allowed to supply other persons or families
or other premises, except by written permission from the Authority.
Customers or consumers who violate this rule shall have their water
shut off after a notice of one day, and it may remain so until the
Authority is satisfied that the rules and regulations will be observed.
(7)
Consumer May be Required to Submit Report or Statement. Upon
written request by the Authority, or its agent, any consumer shall
submit a written, verified report or statement listing each and every
type of fixture, service or outlet existing or used by the consumer
in any particular or specified premises.
[Ord. 1833, 11/11/1996, § 2]
1.
General. Tapping fees are payable for any property which connects
to the Authority's water system. In order to determine the proper
tapping fee, applicants must submit to the Authority, or its agent,
for review, information setting forth in writing the type of use that
will be made of the consumer's property and the number and type of
services that the customer requires.
2.
Tapping Fee Schedule. Tapping fee charges payable by the applicant
to the Authority will be calculated in accordance with the Authority's
fee schedule.
[Ord. 1833, 11/11/1996, § 2]
1.
Cross Connections. No connection shall be made between pipes or containers
carrying water from any other source with lines carrying water supplied
by the Authority.
2.
Backflow. All commercial and industrial services shall contain backflow
prevention devices in accordance with the Latest Revision.
[Amended by Ord. 2167, 9/14/2017]
[Ord. 1833, 11/11/1996, § 2]
1.
Customer Deposits.
A.
Deposits may be required from customers taking service for a period
of less than 30 days, in an amount equal to the estimated gross for
such temporary period. Such deposits may be required from all other
customers, provided that in no instance will deposits be required
in excess of the estimated gross bill for any single billing period
plus one month, the maximum period not to exceed four months, with
a minimum of $25.
B.
Deposits shall be returned to the depositor when he shall have paid
undisputed bills for service over a period of 12 consecutive months,
upon discontinuance of service by the customer and payment of all
charges due. Any customer having secured the return of a deposit will
not be required to make a new deposit unless the service has been
discontinued and the customer's credit standing impaired through failure
to comply with tariff provisions.
C.
The payment of any undisputed bill, within the meaning of this Part,
shall be payment of the bill with or without discount or penalty,
within the due date on the bill, or the payment of any contested bill,
payment of which is withheld beyond the period herein mentioned if
the dispute is terminated substantially in favor of the customer,
and if payment is made by the customer within 10 days thereafter.
D.
Any customer having a deposit shall pay bills for water services
as rendered in accordance with the rules of the Authority, and the
deposit shall not be considered as payment on account of a bill during
the time the customer is receiving water service.
2.
Leaks and Defective Plumbing.
A.
The Authority, or its designated agent, shall not be liable for any
damage resulting from leaks, broken pipes or any other cause occurring
to or within any house or building, and it is expressly agreed that
no claim shall be made against the Authority for damage caused by
bursting or breaking of any main or service pipe, or any attachment
thereto.
B.
All water passing through a meter shall be charged for at the regular
rate, and no allowance will be made for excessive consumption due
to leaks or wastes.
3.
Supply of Water.
A.
All contracts for more water shall continue in force from month to
month, but either party can cancel the contract by given 10 days'
written notice that the contract shall terminate at a certain future
time. For service beginning during a quarterly period, the minimum
charge shall be prorated to the regular time of reading of the meter,
except that no bill shall be rendered for less than $1.
B.
The Authority shall not be liable for any deficiency or failure in
the supply when occasioned by shutting off water to make repairs or
connections or failure for any cause beyond its control.
C.
The Authority shall not be liable for any claim or damage arising
from a shortage of water, the breaking of machinery or facilities,
or any cause beyond its control.
D.
As necessity may arise in case of a break, emergency or other unavoidable
cause, the Authority, or its agent, shall have the right to temporarily
shut off the water supply in order to make necessary repairs, connections,
etc., but the Authority, or its agent, will use all reasonable and
practicable measures to notify the customer of such discontinuance
of service. In such case, the Authority, or its agent, shall not be
liable for any damage or inconvenience suffered by the customer, nor
in any case for any claim against it at any time for interruption
in service, lessening of the supply, inadequate pressure, poor quality
of water or any cause beyond its control. The Authority, or its agent,
shall have the right to reserve a sufficient supply of water at all
times in its reservoirs for fire and other emergencies and may restrict
or regulate the quantity of water used by customers in case of scarcity
or whenever the public welfare may require it.
4.
Right of Entry Upon Premises of Consumers. The Authority shall have
the right, at any time, by or through its agents, officers or employees,
to enter in or upon any premises, buildings or dwellings of any kind
or nature, owned, occupied or used by any consumer, for the purpose
of making inspections, examinations, tests or emergency service repairs.
5.
Agents and Employees Lack Authority to Bind the Authority. No agent
or employee of the Authority shall have authority to bind it by promise,
agreement or representation contrary to this Part.
6.
Vacating the Premises.
A.
When the premises is vacated, the customer must give proper notice
to the Authority so that the water may be turned off, and the customer
will be responsible for all charges for water service until such notice
is given.
B.
A new application must be made on any change in occupancy of the
property, as described in the application, and the Authority may discontinue
the supply of water until such new application has been made and approved.
C.
Application fees may be refunded by the Authority for proper cause.
D.
Contracts may be canceled by the Authority for proper cause, upon
giving five days' notice of such cancellation.
E.
Charges associated with temporarily vacated premises and the water
shut off for the period of vacancy upon the consumer's request will
be payable in accordance with the Authority's fee schedule.
7.
Changing of Rules and Regulations. The Authority reserves the right
to change or amend, from time to time, these rules and regulations
for the use of water.
8.
Water Conservation Standards. The water conservation standards adopted
by the Authority in accordance with Delaware River Basin Commission
(DRBC) Resolution No. 88-2, as revised, are incorporated herein by
reference.
