Borough of Mifflinburg, PA
Union County
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Table of Contents
Table of Contents

§ 28-1 Introductory Matters.

[Ordinance 95-07, November 21, 1995, Article 1]
1. 
Authority for Ordinance. This Part is adopted in conformance with and pursuant to authority granted by Sections 1202(2), 2401 and 2461 of the Borough Code (53 P.S. §§ 46202(2), 47401 and 47461), as amended.
2. 
Title of Part. This Part shall be known and may be cited as the "Mifflinburg Borough Water System Ordinance."
3. 
Purpose.
A. 
From and after the passage of this Part, the Borough of Mifflinburg will supply water to the public under the provisions of this Part. All consumers taking water from the Borough shall be bound by the provisions of this Part and all regulations made by the Borough Council in pursuance of the same.
B. 
This Part is necessary for the protection and preservation of the health, safety and welfare of the inhabitants of the Borough.
4. 
Definitions.
BOROUGH
Mifflinburg Borough, Union County, Pennsylvania, or the Borough acting through its Council or through its authorized representatives.
BUILDING CONSTRUCTION
The private water line from a curb stop or property line to a dwelling or other building of an improved property with any related fittings and valves.
COUNCIL
The Borough Council of the Borough.
IMPROVED PROPERTY
A lot of land within the Borough possessed for continuous or periodic occupancy or use by a human being requiring water for such occupancy or use.
OWNER
A person vested with ownership, legal or equitable, sole or partial, of a property.
PERSON
A natural individual, firm, partnership, association, corporation or other group or entity which is the subject of legal rights and duties. Whenever used in any clause prescribing or imposing a penalty, person, when applied to a firm, partnership or association, shall mean the partners or members thereof, and when applied to a corporation, the officers thereof.
SERVICE CONNECTION
The Borough water line from the water main to a curb stop or property line with any related fittings, valves and curb stops.
WATER SYSTEM
The integrated facilities of the Borough of obtaining, treating, storing and distributing water.
WATER MAIN
A pipe or main of the water system used to distribute water.

§ 28-2 Required Connection to and Use of Water System.

[Ordinance 95-07, November 21, 1995, Article 2; as amended by Ordinance 96-01, June 18, 1996, § 1]
1. 
Connection to Water System. Every owner of an improved property abutting either a property subject to utility easement owned by the Borough, a public street, an alley, a road or other public highway in which there is a water line, or which has an improved structure situated within 150 feet of a water line, shall connect the improved property to the water system in the manner required by the Borough within 45 days after notice from the Borough. Exempted from this regulation is the Mifflinburg Municipal Authority, which is permitted to drill its own well solely for the purpose of obtaining water for the treatment of the sewage at the Mifflinburg Borough Sewage Treatment Plant. All potable water required by the Mifflinburg Sewer Treatment Plant shall continue to be provided through the Mifflinburg Borough Water System.
2. 
Use of Water System. After its connection to the water system, all water used on the improved property shall be from the water system, subject to such limitations, restrictions and exceptions as are established by this Part or by resolution of the Borough from time to time.
3. 
Connection Notice. The notice of required connection shall be in writing, shall specify the 45 days for connection and shall be accompanied by a copy of this Part and any effective amendments, a copy of any rules and regulations and a copy of the schedule of fees and rates. The notice may be given at any time the water system can supply water to the improved property. The notice shall be served on the owner by personal service, certified mail or any other method provided by law.
4. 
Failure to Make Required Connection. If the owner of an improved property fails to connect it to the water system in accordance with this Part after 45 days' notice from the Borough, the Borough may make the connection and charge the costs and expenses of connection to the owner. In such case, the Borough shall, upon completion of the connection, send an itemized bill of costs and expenses to the owner of the improved property, which bill shall be due and payable immediately.

§ 28-3 Water Meters and Connecting to the Water System and Obtaining Water Service.

[Ordinance 95-07, November 21, 1995, Article 3]
1. 
Application for Service. All applications for the introduction of water into any premises, or for the extension of or addition to any pipes therein, shall be made in writing by the owner or authorized agent, on forms furnished by the Borough, and must set forth fully and truly, all purposes for which such service is requested and required. A connection fee will be assessed for all properties so connected to the Borough system. Property owners shall be responsible for the total actual cost incurred by the Borough in installing this water connection.
2. 
Independent Connection. Each improved property shall be connected with the water system through a separate and independent building connection pursuant to the rules, regulations and conditions established by the Borough, except when, under special circumstances, for good cause shown, special permission in writing has been given by the Borough waiving this requirement.
3. 
Meter. Every building connection shall have a meter supplied and installed by the Borough. The meter shall be sized and installed so as to record with reasonable accuracy all water supplied to the improved property from the water system. The meter shall be maintained by the Borough for ordinary wear and tear, but maintenance or replacement incurred because of the negligence of the owner of the improved property shall be paid for by the owner.
A. 
Date for Installation of Meters. All meters shall be installed on existing improved lots within the Borough on or before January 1, 1996.
B. 
Failure to Install Water Metering Device. In addition to the penalties imposed by Section 7 of this Part, failure of any owner of an improved lot to install a water meter as required by the Borough shall constitute a violation of this Part for which water service to that improved lot shall be terminated within 15 days notice of such termination.
C. 
Damage to Meters. Meters will be maintained by the Borough, so far as ordinary wear and tear is concerned; but damage due to freezing, hot water or external causes shall be paid for by the owner. The owner shall notify the Borough of any injury to or the nonworking of the meter, as soon as it comes to his knowledge.
D. 
Accuracy of Meters.
(1) 
The quantity recorded by the meter shall be conclusive on both the owner and the Borough, except when the meter has been found conclusively to be registering inaccurately or has ceased to register completely. In the case of inaccurate or nonfunctioning meters, the quantity shall be determined by the average registration over the preceding twelve-month period when the meter was in proper order.
(2) 
In case of a disputed account involving the inaccuracy of a meter, such meter shall be tested on the request of the owner, in conformity with the provisions of the rules and regulations pertaining to the water service utilities of the Public Utility Commission of the Commonwealth of Pennsylvania. In the event that the meter so tested is found to have an error in registration of 4% or more, the bills will be increased or decreased accordingly, as provided by the aforesaid rules.
E. 
Outside Meter Vaults. Outside meter vaults may be installed at the request of the property owner. Such installation shall be preapproved by the Borough. Costs for outside meter vault installation are to be paid for by the customer requesting such installation. The Borough of Mifflinburg will be the only party authorized to have access to such outside meter vault.
4. 
Meters Property of Borough; Location, Maintenance and Testing of Meters. All meters shall be furnished by the Borough, shall remain the property of the Borough and be accessible to and subject to its control. They shall be conveniently located at a point approved by the Borough so as to control the entire supply, and a proper place and protection for the meter shall be provided by the consumer. The meter setting shall include the following and the installation of which shall be the responsibility of the property owner: stop cock on both sides of meter and a dual check valve.
A. 
Meters will be maintained by the Borough as far as ordinary wear and tear is concerned, by damage due to freezing, hot water or external causes shall be paid for by the owner. Where meters are located outside of the building, the owner shall be responsible for damage due to freezing. The owner shall notify the office of the Borough of any injury to or nonworking of the meter as soon as it comes to his knowledge.
B. 
An owner may request a test of a meter for accuracy. The Borough may require a deposit be made for such test.
If the meter so tested shall be found to have an error in registration of less than 4%, the deposit required shall be retained by the Borough as compensation for such test; if the error in registration is found to be 4% or more, then the cost of the test shall be borne by the Borough and the amount of the deposit returned to the owner.
5. 
Disconnection of Other Water Supply. Upon connection of an improved property to the water system, use of every other water supply to the improved property must be discontinued and such water supply must be disconnected at the cost and expense of the owner from all facilities on the improved property served by the water system.
6. 
Cross Connection Prohibited. No direct or indirect cross connection is permitted between the water system and any other water supply.
7. 
Water Turnoff or Removal of Meter. No plumber, owner or other unauthorized person shall turn the water on or off at any corporation cock or curb stop, or disconnect or remove the meter without the consent of the Borough.
8. 
Failure to Remedy Unsatisfactory Condition. If any person shall fail or refuse to remedy any unsatisfactory condition of a building connection within 45 days after written notice from the Borough, the Borough may refuse to permit the person to receive water from the water system until the unsatisfactory condition has been remedied to the satisfaction of the Borough.
9. 
Inspection. The Borough shall have the right to inspect an improved property to determine compliance with this Part and the rules and regulations governing service from the water system.
10. 
Fire Hydrants. All fire hydrants shall be furnished, installed and maintained by the Borough Water Department.
11. 
Connections. Connections shall be made pursuant to rules and regulations adopted by Council. The Borough will make all connections to its mains, furnish, install and maintain all service lines from the main to the curb, alley line or property line when lines are installed on rights-of-way, including corporation cock, curb box and service pipe, which shall be the property of the Borough and shall be always accessible to and under the control of the Borough Council or its authorized representative.
A. 
Each single building or property shall be supplied through the service pipe from a separate curb cock and box, and no building shall be supplied by more than one service line, unless especially approved or ordered by the Borough. When two or more buildings are supplied through a single service line as above, "approved or ordered by the Borough," any violation of the regulations of the Borough with reference to either or any of said buildings shall be deemed a violation as to all and the Borough may take such action as to all, as may be taken to a single building, provided reasonable notice shall have been given to each consumer concerned.
B. 
All connections, service lines and fixtures, which are furnished or installed by the property owner, shall be maintained by him in good order. All leaks in the service pipe on the outlet side of the curb cock or upon the premises supplied must be immediately repaired by the owner of the premises. The Borough, by its authorized agents, may enter the premises of any water consumer at reasonable hours to examine pipes and fixtures and the quantity of water used.
C. 
The Borough shall in no event be responsible for maintenance or for damage done by water escaping from the service pipe or fixture on the outlet side of the curb cock, and the owner shall at all times comply with the governmental regulations with reference thereto and make changes thereon required on account of change of grade, relocation of mains or otherwise.
D. 
The Borough may prescribe the minimize size and weight per foot of pipe and the kind and quality of all materials which shall be laid between the curb cock and the premises to be supplied or to the meter.
E. 
In removing pavements or digging a trench, the material must be deposited in such manner as to guard against inconvenience to the public by obstructing streets, alleys or sidewalks.
F. 
The replacement of earth, brick, stone or other material so disturbed shall be done in a workmanlike manner and the street, lane, alley or public ground be left in as good and solid construction as it was before being disturbed.
G. 
No trench or hole in any street, alley or sidewalk shall be left open during the night unless properly guarded and lighted with signal lights.

§ 28-4 Fees, Rates and Charges.

[Ordinance 95-07, November 21, 1995, Article 4]
1. 
Connection Fee Required. Before connection to the water system, the owner of the improved property shall pay the Borough a connection fee, which fee shall be established from time to time by resolution by the Borough Council.
2. 
Consumer Facilities Fee Required. Before connection to the water system, the owner of the improved property shall pay the Borough a customer facilities fee, which fee shall not exceed the actual cost of the building connection and the meter supplied and installed by the Borough. The Borough shall not charge a customer facilities fee for any facilities the owner of the improved property supplies and installs.
3. 
Rates and Charges. Every owner of an improved property connected to the water system shall pay charges for water service at reasonable rates as established by resolution by the Borough Council, for periods not longer than monthly. Each charge shall be due and payable not more than 20 days after billed and shall be increased by a penalty of 5% if not paid when due.
4. 
Turn-Off and Turn-On Fees.
A. 
The Borough shall have the right to discontinue water service to an improved property for which fees or charges are delinquent, after the customer's failure to pay within a period of 20 days from the date of notice.
B. 
Whenever the Borough exercises such right, it shall charge and collect a turn-off fee and a turn-on fee, in addition to the delinquent fees and charges due, before restoring water service to the improved property.
5. 
Schedule of Fees and Rates. From time to time, by resolution adopted at a public meeting, the Borough shall set the fees and rates imposed under this Part and shall adopt and keep available to the public a schedule of fees and rates.
6. 
Billing and Collection Procedures. From time to time, by resolution adopted at a public meeting, the Borough shall establish billing and collection procedures for fees and charges imposed pursuant to this Part.
A. 
All meters shall be read monthly and billed before the 15th day of the following month.
B. 
All bills for water service shall be sent to the address given on the application for service or to the owner of the property which is being serviced. Failure of the occupant of the property to make proper payment shall result in a lien upon the real estate served by this water service. Failure to receive bills so addressed shall not excuse nonpayment nor permit any extension of the period during which the bill is payable at a net or discounted amount.
C. 
The date of postmark will be considered as the date of payment of bills paid by mail, provided that the payment is actually received within three days after the postmark date.
7. 
Liens for Fees and Charges. Fees and charges imposed under this Part with respect to an improved property shall be liens on the improved property until paid. Such liens shall be promptly perfected by appropriate filings in the Office of the Prothonotary of Union County, Pennsylvania, and shall be enforced in the manner provided by law for collection of municipal claims.
8. 
Civil Actions. The Borough may collect delinquent water charges by civil action.

§ 28-5 Rules and Regulations.

[Ordinance 95-07, November 21, 1995, Article 5]
1. 
General Rules and Regulations.
A. 
All applications for the introduction of water into any premises, or for the extension of or addition to any pipes therein, shall be made in writing by the owner or authorized agent and must be set forth fully and truly all purposes for which such service is requested and required. A connection fee pursuant to regulations established by the Borough Council will be assessed for all properties located within the Borough limits.
B. 
If a property is located partially within the Borough and partially within the Township, and if both municipalities have water service available to that lot, then the municipality wherein the improved structure of that parcel lies shall provide the water service.
2. 
Discontinuance of Service. Service may be discontinued for any of the following reasons:
A. 
For misrepresentation, in application as to property or fixtures to be supplied, or the use to be made of the water supply.
B. 
For the use of water for any purpose other than that described in the application.
C. 
For alterations to property or fixtures covered by application or changes in the use to be made of the water supply, without notice to and the consent of the Borough.
D. 
For willful waste of water through improper or imperfect pipes, fixtures, meters or otherwise.
E. 
For use of any siphon pump.
F. 
For failure to protect the meter connections, service line or keep fixtures in good order.
G. 
For neglecting to make advance payment, for for nonpayment of any account for water supplied, or water service, or for meter or service maintenance, or for any fee or charge pertaining to the water utility, within 20 days after notice.
H. 
For molesting any service pipe, meter, curb, stop cock, seal or any other appliances of the Borough controlling or regulating the water supply.
I. 
In case of vacancy of premises.
J. 
For failure to install and connect water meter.
3. 
For Violation of Any Regulation of the Borough.
A. 
Water will be turned off on any premises which is vacant upon the written order of the owner, without in any way affecting the existing application. Consumers wishing to discontinue the use of the water must give notice in writing at the office of the Borough Secretary, and must pay for all water used up to the time such notice is given.
B. 
As necessity may arise, in case of breakdown, emergency or other unavoidable case, the Borough shall have the right to temporarily cut off the water supply to make necessary repairs, connects, etc., but the Borough shall not be liable for any damage or inconvenience resulting to the owner by reason of such discontinuance. The Borough will use all reasonable measures to notify consumers in advance of interruptions to the supply.
C. 
No water fixtures, or appliance in connection therewith, will be considered shut off until it is removed or disconnected in a manner satisfactory to the Borough, so that it cannot be used again directly or indirectly.
4. 
Renewal of Service.
A. 
A charge for reinstallation of meters, when removed for repairs because damaged in any way through no fault of the Borough, shall be as directed by the Borough by resolution, which charges include the cost of repairs and replacements, including test.
B. 
When meters are removed at the request of the owner for testing, the following rules of the Public Utility Commission shall apply: "If a meter so tested shall be found to be accurate, within the limits therein specified, a fee indicated by Borough rate resolution shall be paid to the utility by the consumer requiring such test; if not so found, then the cost thereof shall be borne by the utility furnishing the service."
5. 
Rights of the Borough. The Borough shall have the following rights and immunities:
A. 
The right to discontinue water service, without notice and without liability for harm or inconvenience to any person or property owner, in case of breakdown or other emergency or to make necessary repairs, connections or extensions.
B. 
The right to restrict the quantity of water served or the uses for which water will be served in case of scarcity or whenever, in the opinion of the Borough, the public welfare requires such restriction.
C. 
The right of access at all reasonable hours of the day to all parts of any property connected to the water system to make reasonable inspection or to shut off water.
D. 
Immunity from liability for any harm resulting to any person or property on an improved property from leaks, broken pipes or lines, or any other cause occurring or existing on the improved property.
E. 
Immunity from liability for any damage to any connected property resulting from the bursting or breaking of any main or service pipe or any appliance or attachment to the water system.
F. 
Immunity from liability for any harm or inconvenience from interruption of water service, lessening of the water supply, inadequate pressure, poor quality of water, or any cause beyond the Borough's control.
G. 
The right to refuse to connect or provide service to any property and the right to discontinue service to any property in order to enforce the Borough's rules and regulations or to collect its charges.
H. 
No person shall use or authorize to use any pipe, pipe fitting, solder or flux that is not lead-free in the construction, modification or repair of any plumbing system of the Borough. A person requesting or applying for connection to the water system shall certify to the Borough that the materials used in the construction of the plumbing system to be connected are lead free. The terms "plumbing system" and "lead free" shall have the meanings given in the Plumbing System Lead Ban and Notification Act (35 P.S. § 723.1 et seq.). All plumbing fixtures used in new construction repairs or renovations shall be of such design as to promote water conservation.
6. 
Additional Rules and Regulations. From time to time, by resolution adopted at a public meeting, the Borough may promulgate additional rules and regulations, as it deems necessary and proper, which additional rules and regulations, to the extent appropriate, shall be construed as a part of this Part.

§ 28-6 Payment.

[Ordinance 95-07, November 21, 1995, Article 6]
1. 
Terms of Payment.
A. 
All service charges for the use of water are due and payable monthly. A penalty fee of five will be added to bills unpaid after 20 days from the date of the bill.
B. 
All bills for water shall be rendered and payable monthly. Any bill not paid after 20 days from the date of the bill shall be subject to a five 5% penalty fee.
C. 
All bills will be mailed to the address designated on the application for service or to the owner of the property and failure to receive bills, when so mailed, will not be considered an excuse for nonpayment nor permit an extension of the period during which bills are paid at face. All changes of address shall be promptly reported to the Borough in writing.
D. 
The owner of the property served shall be responsible to the Borough of Mifflinburg for payment for all water furnished to the property, irrespective of any agreement between the property owner and a third party. The bill shall, in all cases, be rendered to the owner of the property unless the Borough is notified by said owner to render the bill to some other person, and which assignment is approved by the Borough, in which case the owner shall nevertheless remain primarily liable for the payment of all water bills. Municipal claims may be filed against the owner for bills remaining unpaid for six months as permitted by the Act of Assembly, approved by the Commonwealth of Pennsylvania.

§ 28-7 Violations.

[Ordinance 95-07, November 21, 1995, Article 7]
1. 
Separate Offenses. Each violation of a separate provision of this Part and each day of violation shall be a separate offense.
2. 
Penalties for Violation. A person who violates this Part shall, upon conviction thereof in summary proceedings, be sentenced to pay a fine of not less than $100, no more than $1,000 and costs or to undergo imprisonment in the Union County Prison for a period not in excess of 30 days for each separate offense. Such fine or imprisonment shall be in addition to any other penalty imposed by any other Section of this Part.

§ 28-8 Fire Protection.

[Ordinance 95-07, November 21, 1995, Article 8]
1. 
Private Fire Protection.
A. 
No charge will be assessed on customers which have sprinkler systems installed in their places of business, providing the only water used out of such connection is used for fire protection purposes only.
B. 
The consumer shall, at his expense, furnish, maintain and pay for all connections from the street main. At the curb or property line, a gate valve must be placed controlling the entire supply. Consumer is also responsible for all costs when the Borough of Mifflinburg deems it necessary to enlarge any main in front of the property, when work must be done to reconnect the fire line to the new main.
C. 
It is expressly agreed and understood by and between the parties receiving private fire service and the insurers of property or person, that the agreement does not contemplate any special service, pressure, capacity or facility, other than the ordinary or the changing conditions of the Borough as the same exist from day to day, and that the Borough hereby declares that it is to be free and exempted from any and all claims for injuries to persons or property, or any person or property by reason of fire, water, failure to supply water, pressure or capacity.

§ 28-9 Duties of the Borough Manager.

[Ordinance 95-07, November 21, 1995, Article 9]
It shall be the duty of the Borough Manager to exercise a general supervision over the waterworks and water supplies of the Borough, subject to the direction of the Borough Council, to inspect frequently, the filter plant, spring house and well, the intake dam, reservoir and the grounds in anywise connected with the same, and to see that they are kept in good condition; to go over the general system frequently, examine intake, valves, blow-offs, hydrants, etc., and see that they are kept in good order and repair to tap the mains and made good connections or superintend such tappings and connections, and to enforce the observance of the water ordinance of the Borough.

§ 28-10 General.

[Ordinance 95-07, November 21, 1995, Article 10]
1. 
The Borough shall not be liable for a claim made against it for any interruption in service, lessening of supply, inadequate pressure or inferior quality, due to causes beyond its control.
2. 
No plumber, owner or other unauthorized person shall turn the water on or off at any corporation cock or curb stop, or disconnect or remove the meter without the consent of the Borough.
3. 
The Borough may, at any time restrict or regulate the quantity of water used by all consumers in case of scarcity, or whenever the public exigencies may require it.
4. 
The water must not be kept running at any time longer than its legitimate use requires.
5. 
No officer or employee of the Borough can vary these rules without action of the Borough Council, and no agent or employee of the Borough can bind it by an agreement or representation, except when authorized, in writing, so to do by the Borough Council.

§ 28-11 Miscellaneous Provisions.

[Ordinance 95-07, November 21, 1995, Article 11]
1. 
Geo-Thermal Heat Systems. Private wells shall be permitted within the Borough solely for the purpose of supplying underground water to a closed loop geo-thermal heat system servicing that particular structure.
A. 
Before activating such system, inspection and approval of the system must be obtained from the Borough.
B. 
In the event this type of heat system is installed in any structure within the Borough, it is then required that a meter be installed for the purpose of measuring the amount of public water utilized by the structure for domestic water use. Further, no water from the geo-thermal well shall be used for domestic water consumption.
2. 
Right of Borough to Alter and Amend Rules and Regulations. The Borough reserves the right to alter and amend any rules and regulations pertaining to this Part.
3. 
Gender. The use of the singular in this Part shall include the plural, and the use of the masculine shall include the feminine and neuter.