[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.
BOROUGH
BUILDING CONSTRUCTION
COUNCIL
IMPROVED PROPERTY
OWNER
PERSON
SERVICE CONNECTION
WATER SYSTEM
WATER MAIN
Definitions.
Mifflinburg Borough, Union County, Pennsylvania, or the Borough
acting through its Council or through its authorized representatives.
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.
The Borough Council of the Borough.
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.
A person vested with ownership, legal or equitable, sole
or partial, of a property.
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.
The Borough water line from the water main to a curb stop
or property line with any related fittings, valves and curb stops.
The integrated facilities of the Borough of obtaining, treating,
storing and distributing water.
A pipe or main of the water system used to distribute water.
[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.
[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.
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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.
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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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[Ord. No. 2022-01, 1/18/2022]
All construction and design standards shall comply and be in
accordance with the Borough's Construction and Design Standards
for the Supply of Water, as from time to time reenacted and amended
by resolution of Borough Council.
