[HISTORY: Adopted by the Borough Council of the Borough of Hellertown as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-16-1987 by Ord. No. 547]
This article shall be known and cited as the "Water System Rules and Regulations Ordinance of the Borough of Hellertown."
There hereby is adopted by and under the authority of the Council of the Borough of Hellertown, for the purpose of providing rules and regulations governing the use of the Hellertown Water System, as owned, operated and controlled by the Hellertown Borough Authority, the Rules and Regulations of the Hellertown Borough Authority for Use of Water System, as adopted by said Authority on December 10, 1986, as amended from time to time. The aforesaid rules and regulations hereby are adopted and incorporated as fully as if set out at length herein and, from the date on which this article shall take effect, the provisions thereof shall be controlling upon all users of the Hellertown Water System.
The legal and/or equitable owner(s) of the real estate to which the water service is being provided shall be responsible to pay and shall pay the fees, fines and penalties as may be imposed properly pursuant to the terms of this article.
Any person, firm or corporation who shall violate any of the provisions of this article or any resolutions or rules and regulations made by the Council of the Borough of Hellertown or by the Hellertown Borough Authority in pursuance thereof or aiding or assisting therein shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues or each section of this article which shall been found to have been violated shall constitute a separate offense.
In addition to the foregoing penalties, the Borough of Hellertown, either itself or acting through the Hellertown Borough Authority as its agent, shall require the owner of any property to which water service is being provided to correct any illegal, improper or unauthorized connections to or uses of the water system, and should said owner(s) fail or refuse to make such required correction(s) no later than 10 days following the receipt of a written notice to do so, the Borough or the Authority may cause the corrections to be made, with the costs thereof being charged to the owner(s) of the property in a manner provided by law.
The imposition of penalties and/or remedies herein prescribed shall not preclude the Borough of Hellertown or the Hellertown Borough Authority from instituting appropriate actions or proceedings to prevent the violation of this article, to restrain, correct or abate any such violation, or to prevent any act, conduct or activity constituting a violation of the provisions hereof.
This article shall be effective five days from the date hereof.
[Adopted 5-4-1992 by Ord. No. 583]
No water shall be provided for internal or external use to any residential, commercial, industrial, recreational, agricultural, governmental or public building or structure of any kind which is constructed or remodeled and in which plumbing, water piping or water fixtures are to be installed, extended or altered in any way, and for which work a permit is required to be obtained from the Borough of Hellertown (or would be required but for an exemption from such a permit requirements for public or governmental agencies), unless the new, extended or altered plumbing, water piping and other water-using fixtures therein conform to the requirements and standards set forth below at § 438-9 of this article. The provisions of this article shall apply to any such building or structure for which such a permit is issued, or otherwise would be required to be issued but for an exemption as provided for in § 438-11 below, on or after the date of adoption of this article.
Water closets and associated flushing mechanisms. The water consumption of all water closets shall not exceed the average 1.6 gallons per flush cycle over a range of test pressures from 20 to 80 pounds per square inch (psi). The fixture shall perform in accordance with the test requirements of ANSI A112.19.2M and ANSI A112.19.6M.
Urinals and associated flushing mechanisms. Urinal water consumption shall not exceed an average of 1 1/2 gallons per flush cycle over a range of test pressures from 20 to 80 psi. The fixtures shall perform in accordance with the test requirements of ANSI A112.19.2M and ANSI A112.19.6M.
Showerheads. Showerhead discharge rates shall not exceed three gallons of water per minute over a range of test pressures from 20 to 80 psi. The fixture shall perform in accordance with the test requirements of ANSI A112.18.1M.
Faucets. Sink and lavatory discharge rates shall not exceed three gallons of water per minute over a range of test pressures from 20 to 80 psi. The fixture shall perform in accordance with the test requirements of ANSI A112.18.1M.
Soldered joints. The joining of water supply piping systems shall be made with lead-free solder and fluxes. For purposes of this article, "lead-free" shall mean a chemical composition equal to or less than 2/10% lead and conforming to ASTM B32.
It shall be the responsibility of the owner of the property at which any plumbing work addressed by this article is proposed to document to the satisfaction of the Borough of Hellertown that the fixtures and materials to be used in the proposed work comply fully with the water conservation performance and lead-free standards set forth herein.
Special purpose equipment. The performance standards established in § 438-9, supra, shall not apply to fixtures and fittings such as emergency showers, aspirator faucets and blowout fixtures that, in order to perform a specialized function, cannot meet the specified standards.
Exemptions. Any person may apply to the Borough of Hellertown for an exemption to the standards set forth in this article, which may be granted upon proof that some other device, system or procedure will save as much or more water as those set forth herein, or that those set forth herein cannot be complied with absent of undue hardship.
The Council of the Borough of Hellertown, from time to time, may review and modify, add to or delete from the standards and restrictions as contained herein pursuant to resolution of said Council.
Any person, firm or corporation who shall violate or does not comply with any provision(s) of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.