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Borough of Pine Grove, PA
Schuylkill County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Pine Grove 6-18-2015 by Ord. No. 436.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 180, Water, adopted 6-14-1993 by Ord. No. 319, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Pine Grove, owner and operator of the water system.
BOROUGH'S SERVICE LINE
The connecting facilities between the Borough's distribution main and a consumer's service line, and in general consisting of a valve or corporation stop at the main, piping there from to the street curbline, terminating in a stop and curb box.
CONSUMER
The party, either property owner or tenant, contracting with the Borough for water service for one or more families or for one or more business/institutional units on one premises, or a customer contracting with the Borough, pursuant to § 180-5B for water supply to resell. "consumer" is used interchangeably with "owner" and "customer" throughout this chapter.
A. 
A building under one roof and occupied by one family or business; or
B. 
A combination of buildings in one enclosure or group and occupied by one family or business; or
C. 
One side of a double building or house having a solid vertical partition wall; or
D. 
A building, house or other structure, or any room, group of rooms, or part thereof, occupied by more than one family or business, the water fixtures of which are used in common; or
E. 
Each room or group of rooms in a building occupied or intended for occupancy as separate living quarters by a family or other group of persons living together or by a person living alone, the water fixtures of which are not used in common; or
F. 
Each trailer occupied by one family or business; or
G. 
Each school building.
CONSUMER'S SERVICE LINE
The connecting facilities from the Borough's curb stop and curb box into and in a consumer's premises, except the water meter.
CROSS-CONNECTION
Any physical connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other steam, gas, a chemical, or water of unknown or questionable safety, whereby there may be a flow from one system to another, the direction depending on the differential between the two systems.
EXTENDOR
Any person or firm desiring to extend or causing to be extended any water main or any part of the water system herein defined.
FIRE SERVICE
Service or supply by the Borough of standby or use through fire or sprinkler service lines or hydrants.
IMPROVED PROPERTY
Any property upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and which structure is a consumer unit or shall have or may have one or more consumer units in or associated with it.
INTERCONNECTION
The connection of two or more water supplies, each approved by the Department of Environmental Protection.
METER
A device for measuring the quantity of water used, which is the basis for determining charges for water service to a customer.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
PERSON
An individual, a partnership, an association, a corporation, a joint stock company, a trust, an unincorporated association, a governmental body, a political subdivision, a municipality, a municipality authority or other group or entity.
PREMISES
The property, building, or other site to which water service is furnished, including:
A. 
A building under one roof, owned or leased by one person, and occupied as one residence or business;
B. 
Each combination of buildings owned or leased by one person, served by one service line, and occupied by one family or business;
C. 
Each side of a double house or each housing unit;
D. 
Each apartment, office or suite of offices located in a building having several such apartments, offices, or suites of offices and using one or more common means of entrance; or
E. 
Such other situations as the Borough shall deem a property, building, or other site to which service is provided as a premises.
PRIVATE FIRE LINE
The connecting facility between the Borough's service line at the curb to the point where fire service is provided.
PRIVATE SERVICE LINE
A service line that is installed in a public street (right-of-way) in lieu of a water main extension to serve an individual property when it is determined by the Borough that no additional customers can be served from said public street. This line shall be the connecting facility between the Borough's service line at the curb and the point to where potable water is provided, owned, and maintained by the individual receiving said water service.
PRIVATE YARD SERVICE
Lines that are installed, owned and maintained by individuals, companies, corporations, partnerships, etc., for supplying potable water to facilities within privately owned tracts of land.
REMOTE READOUT UNIT
A device to transmit the inside meter register reading to a point outside buildings, including, but not limited to, meter pits.
TOWNSHIP
The Township of Pine Grove, Schuylkill County, a Pennsylvania municipality.
WATER DEPARTMENT
The entity under which the Borough controls and operates the water system.
WATER SERVICE
Provision by the Borough of water as a commodity, of readiness to serve water for any purposes, and of any services related thereto.
WATER SYSTEM
Any pumping station, treatment plant, reservoir, standpipe, water main, valve, hydrant, Borough service line, or other appurtenance which now exists or may be constructed or owned by the Pine Grove Borough.
A. 
It shall hereafter be mandatory for all real property owners located within the Borough of Pine Grove, whose property is within 200 feet of a Borough water line to be connected to the Borough water system, except as otherwise exempted or exonerated as more fully set forth hereinafter.
B. 
Mandatory installation of meters, water rates, rents and charges. It shall hereafter be mandatory for every owner served or to be served by the Water System to install a water meter as approved by the Borough.
C. 
Water rates. The schedule of water rates, rents, tolls and charges are fixed, adopted, established and imposed upon each owner served or to be served by the water system, and are as set forth in the water rate schedule. The said rates, rents, tolls and charges shall be collected from the owner of each improved property, whether such service and use shall be direct and indirect. Borough of Pine Grove can increase or decrease any and all water rates, rents, tolls, and charges by way of resolution only consistent with the laws of the Commonwealth of Pennsylvania.
D. 
Flat rates. Rates provided for automatic sprinklers in factories shall apply to and be charged for each riser. No consumer shall make or construct or permit to be made or construct any tap or tee on any water line leading to or comprising any part of a sprinkler system unless such tap or tee is an integral part of the sprinkler system itself. Any sprinkler system in any factory found to be in violation of this provision prohibiting the construction of any tap or tee shall forthwith be cut off from the Borough Water Supply. Notwithstanding the metered rate schedule and applicable quarterly meter charges, each metered owner requiring a sprinkler system shall pay an additional minimum charge as set forth in the water rate schedule.
E. 
Multiple units.
(1) 
Where more than one consumer unit is located in one building, house or other structure owned by one owner any such building, house or other structure, at the discretion of the Borough, shall be served by one service connection. Multiple charges per quarter annum shall be imposed upon such owner equal to the number of such consumer unites located in such building, house or other structure. If such building, house or structure shall be served by one meter, the multiple charge per quarter annum shall be computed in the following manner:
(a) 
The total consumption of water through such common water meter shall be divided by the number of consumer units served thereby;
(b) 
The schedule of meter rates for computing water rates, rents, tolls and charges established under the water rate schedule shall be applied to the resultant quotient; and
(c) 
The resultant pro rata rental and charge for each consumer unit shall be multiplied by the number of such consumer units receiving water service through such common water meter to arrive at the total bill for all such consumer units served through the common meter.
(2) 
Provided, however, that there shall be charged the minimum rate, rent, toll and charge per quarter annum for each consumer unit computed on the same basis as if each consumer unit was served by a separate water meter.
F. 
Separate agreements. Nothing herein shall be construed to prevent this Borough from entering into separate agreements with building contractors for the furnishing of water services at rates, rents, tolls and charges other than those as set forth in the water rate schedule.
A. 
A water service application shall be completed by the property owner and submitted to the Borough. The property owner shall carefully read the Borough's policy governing water service and metering. After this policy has been read, applicant shall sign the water billing office record form indicating that the applicant has read same prior to completing and submitting said application.
B. 
Upon acceptance of the application by the Borough, the application, together with these rules and regulations and the rate schedule of the Borough, as altered or amended from time to time, shall constitute the entire contact between the property owner and the Borough.
C. 
The application will not be approved until the Borough receives full payment of all applicable service connection charges, tapping fees, and any other charges as duly adopted by the Borough. All owners or consumers of any premises required to connect to the Borough water system shall pay to the Borough a "tapping fee" which is currently $2,032.69 for each water lateral to be connected to the water main from any premises. The tapping fee amount shall be included on the schedule of water rates. The Borough Council can increase or decrease the tapping fee by way of resolution consistent with the laws of the Commonwealth of Pennsylvania.
D. 
A tenant may not make application for a water service connection unless the Borough previously had a written agreement with the property owner that the tenant will be responsible for the contracted water service.
E. 
The Borough may, at its option, waive the application requirement.
F. 
When application is made by someone other than the owner, the owner shall co-sign the application and shall guarantee payment for the water service.
G. 
The fact that an application may not exist, or may not be signed by the owner, shall not relieve the owner of his responsibility for the ultimate payment of all water service bills related to the premises.
H. 
Separate water service applications shall be made for:
(1) 
Each building under one roof, owned or leased by one party, and occupied as one residence or business;
(2) 
Each combination of buildings, in one common enclosure, owned or leased by one party and occupied by one family or business;
(3) 
Each side of a double house having a solid vertical partition wall, unless served by a single water meter;
(4) 
Each side or part of a house occupied by one family or business, even though the kitchen bath or other fixtures are used in common;
(5) 
Each building containing apartments, business establishments, offices, suites of offices or combinations thereof;
(6) 
Each fire service connection, whether public or private; or
(7) 
Such other cases as the Borough shall deem proper or advisable.
A. 
Upon approval of the water service application and payment of all charges, the Borough's service line of a size and at a location determined by the Borough shall be installed and maintained by the Borough at its expense as an integral part of its supply system and are the property of the Borough and under its exclusive control. Where a consumer requests a service line larger than deemed necessary by the Borough, the Borough will install the larger service, provided the consumer pays the additional cost for the larger service.
B. 
Any temporary or emergency feature of the Borough's service line requested by the consumer shall be at the expense of the consumer. If the owner of a parcel of ground desires a service line installed to the curb for a supply of water, such owner shall pay the cost of installing the service line when an application is made and approved for a supply of water through the service line.
C. 
When an individual desires the installation of the Borough's service line in order to secure a water supply for a trailer or trailers, and in the judgment of the Borough the taking of water through said service line is temporary in nature, the Borough may require a deposit and will install a service line, provided the consumer pays the cost of installing the service line and expected cost to dismantle the service line and has paid all charges for water service through said service line, totaling the amount deposited.
D. 
A Borough's service line will not be installed at a time when street openings are prohibited by municipal or state regulations or, in the judgment of the Borough, working conditions are unreasonable for such installations.
E. 
Where renewal of the Borough's service line is found to be necessary, the Borough, at its own expense, will renew said service line in the same location line as the old one.
F. 
When a consumer desires a change of the existing service line for the sole purpose of relocation or size of the line and the line is not damaged or deteriorated, the consumer shall bear the entire cost of the change, including excavation and cutting off the old service line.
G. 
The water mains and service lines of the Borough are under the exclusive control of the Borough. No person other than the Borough's representatives shall disturb, tap, obstruct access to, or interfere with them, in any way.
H. 
No consumer, unless specifically authorized to do so, shall open or close any of the Borough's stopcocks or valves in any public or private line.
I. 
Separate service lines shall be installed for normal water service and fire protection service, unless a combined service line is approved by the Borough.
J. 
The Borough's service lines will not be installed on private property unless the customer provides a duly recorded written easement granting permission for the Borough to install and maintain the service line on said private property.
A. 
Each consumer's service line shall be installed by or on behalf of such consumer at his expense. Should the Borough discover leaks on a consumer's service line, the consumer shall immediately repair same. The consumer's service lines shall be of material and at a location approved by the Borough and shall be equipped at an accessible point within the premises with a stopcock and waste-cock of a pattern and material approved by the Borough.
B. 
Whenever a consumer's service line has been laid prior to the issuance of this tariff is found to leak, such pipe shall be replaced with the approved pipe at the expense of the consumer.
C. 
The consumer's service line shall not:
(1) 
Occupy the same trench with, or be placed within 18 inches of any sewer pipe or facility of any public service company, except that a common trench may be ledged for the service if approved by the Borough; and/or
(2) 
Be placed within three feet of any open excavation or vault; or
(3) 
Pass through any premises other than those served by the consumer's service line, except as permitted in Subsection G of this section.
D. 
All consumers' service lines shall be laid to a depth of at least four feet. The installation of all service lines must be inspected and approved by the Borough before backfilling of the trench. Before backfilling, the pipe shall be laid on not less than four inches of earth free of rock and the pipe shall be covered with earth free of rock.
E. 
No one consumer's service line shall supply water to more than one property; and where a building originally built as a single building and fitted with one service pipe may hereafter be subdivided, each separate division so made must have its own separate service line from the curb stops at the termination of the Borough's service line.
F. 
Where more than one consumer is supplied through one consumer's service line, a violation of these rules and regulations by any such consumer shall be deemed a violation by all such consumers, but water service to the premises shall not be discontinued until after the expiration of a reasonable time for the installation of a separate consumer's service line for each consumer after notice by the Borough to all such consumers of violation of the rules and regulations. The Borough will install a sufficient number of separate curb stops at the termination of the Borough's service line to permit installation of a separate consumer's service line for each consumer. The Borough may, at its election, install one Borough's service line for, and permit the use of one consumer's service line by, all such consumers other than the consumer who shall have violated these rules and regulations.
G. 
Where no water main exists and when the Borough determines it is not possible to extend a water main to the property being subdivided, the Borough may agree to allow the subdivided property to be served through the original property upon approval by the Borough of a right-of-way agreement and when said agreement is duly recorded as part of the subdivision plan.
A. 
The consumer shall neither use nor permit the use of water service available for any other purpose or at any other place than stated in his application for the water service excepting with the prior written consent of the Borough. Water may be supplied without such written consent in order to temporarily relieve consumers having frozen or broken pipes or whose supply may be cut off by similar emergencies. Water service not supplied by the Borough shall not be connected or cross-connected with the Borough's facilities except as permitted by 25 Pa. Code Chapter 109.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
The consumer shall not, without the prior written consent of the Borough, resell or give away the water service supplied or available to such consumer.
C. 
Each consumer shall be supplied through a separate metered service connection unless the Borough provides prior written consent.
D. 
The consumer shall not use water at such rates or in such a manner that will cause flow or pressure surges to occur in the water system. If disturbances of flow or pressure result from the consumer's manner of water use, he shall immediately make modifications to his plumbing system to eliminate these disturbances.
A. 
A consumer shall complete and submit an application for the temporary supply of water for all any premises not already receiving water service.
B. 
Water service may be provided on a temporary basis for special conditions which do not fall under the classification of permanent or standby service. Each case shall be reviewed on an individual basis and approval shall be at the discretion of the Borough.
C. 
Applicants for temporary use of water shall submit a written application to the Borough for approval. The application shall be accompanied by a deposit in the amount of the estimated quarterly charge, installation of Borough service connections and dismantling of Borough service connections, as determined by the Borough.
D. 
All estimated costs for the installation and dismantling of Borough service connections shall be paid for by the applicant in advance.
E. 
Temporary water service may be metered, at the option of the Borough. The Borough will install and remove the meter, and all costs shall be paid by the applicant.
F. 
If water is used where a meter is not installed, the Borough shall establish the charge for water service from the date of the initial use to the date of meter installation or termination of use.
A. 
All costs of a meter and other components as required in Subsection D of this section, residential and commercial, and the separate meter for the sprinkling systems in commercial buildings and the installation thereof will be borne by the consumer/property owner. Upon installation, the meter and other components as required in Subsection D of this section become a part of the Borough of Pine Grove water system.
B. 
The Borough will own, control, and maintain all service meters except that repairs to or replacements of a meter made necessary by reason of damage thereto caused by freezing, hot water or willful or negligent act or omission to act by a consumer, will be made by the Borough at the expense of such consumer.
C. 
The Borough will determine the style and size of the meter to be installed and the location thereof. The Borough shall have the right direct placement of the meter at the curb stop or at any point on the consumer's service line. At the request of the Borough, the consumer shall furnish and maintain a meter housing of a type and material approved by the Borough.
D. 
All meters are to be set in accordance with the following regulations:
(1) 
For meters five-eighths inch to two inches:
(a) 
There shall be placed in the service pipe, within the wall of the building supplied, and so located as to drain all of the pipes in the building, as well as the meter, a brass gate valve, at the expense of the consumer, for his protection in enabling him to turn off the water in the case of leaks and to drain the pipes to prevent freezing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b) 
The foregoing is followed by a meter and necessary couplings furnished and obtained from the Borough.
(c) 
A backflow preventer of a type approved by the Borough must be placed on the outlet side of the meter. Backflow preventers for meters larger than one inch shall be supplied by the consumer.
(d) 
A WATTS dual check backflow preventer shall be placed on the outlet side of the meter when installation is on property that has a well. Said backflow preventer shall be supplied by the consumer.
(2) 
Meters larger than two inches shall be set in similar manner as the five-eighths-inch to two-inch meters, except that iron body brass mounted gate valves may be used in place of brass gate valves.
(3) 
A valved bypass, as approved by the Borough, shall be provided by the consumer on all meter settings larger than two inches. As a general rule, the bypass should be 1/2 the service size, or a minimum of two inches.
E. 
Where two or more buildings or two or more families or establishments in a single building are supplied by a single service, with the approval of the Borough, the owner shall arrange the several house connections, and the plumbing, in such a way that a separate stop and waste cock can be placed upon the supply line of each of said buildings, families, or establishments, so that any portion of the same which may be separately occupied can be drained or metered without interfering with the supply of other occupants.
F. 
No consumer shall remove or tamper with the meter installation nor permit any other person except an authorized employee of the Borough to do so. When a meter seal has been tampered with or broken or the meter has been removed by an unauthorized person, the Borough may remove, test, reset, reseal, and reinstall the meter at the expense of the consumer.
G. 
The meter will be tested upon written request of the consumer. Each request for the test of a meter for accuracy shall be accompanied by a deposit, the amount of which shall be established in Schedule A, B or C.[1] If the meter so tested shall be found to have an error of registration of less than 4%, the deposit shall be retained by the Borough as compensation for such test; if the error of the 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 shall be returned to the consumer. If the meter is found to be inaccurate, an adjustment will be made for the current billing period only, based on the test results or on the recorded consumption for the same billing period during the prior year. If there is evidence to establish the date of inaccuracy, the adjustment will be made from that date.
[1]
Editor's Note: Schedules A, B and C are on file in the Borough offices.
H. 
When a meter is installed outside a building, it shall be placed in an approved meter box or vault/pit complete with approved lids, stops, or valves, with drains, all provided at the consumer's expense. It shall be the consumer's responsibility to maintain their meter pit according to the Borough's standards.
A. 
A consumer must file an application for a private service line that would be installed, at the discretion of the Borough, in lieu of a water main extension when it is determined by the Borough that no additional customers can be served from that service line.
B. 
Terms of agreement. All private service lines shall be made on the basis of a "private water line connection agreement" made between the consumer and the Borough of Pine Grove, the said agreement providing:
(1) 
The service line shall be installed at the expense of the consumer.
(2) 
The consumer or his/its heirs, successors, and assigns shall own, maintain and repair said service line from curbline to point of use.
(3) 
All aspects of installation, including, but not limited to, pipe, valves, and appurtenances, shall be in accordance with specifications of the Borough.
(4) 
The consumer shall receive written authorization from the host municipality where the street excavation shall occur along with any other governmental authorizations that may be required based on the location of the project.
(5) 
The Borough will install service line from main to curb and set curb stop.
(6) 
In the event of six-inch or larger main is installed by the Borough in front of consumer's property, said consumer or his/its heirs, successors, and assigns will pay their appropriate cost of the installation of the main outside the Borough.
(7) 
The Borough has the right to discontinue or disconnect said service line and terminate this service, upon written notice given 15 days in advance by the Borough to the consumer, for failure to make repairs to said service line.
(8) 
The Borough will not be responsible for dirty water resulting from "dead end" effect of said service line.
(9) 
No service line taps will be permitted on the line installed by the consumer without the expressed written permission of the Borough.
(10) 
The Borough may require "looping" of said consumer's service line.
(11) 
The hookup of the consumer's service line to the Borough's water main will only be made after the Borough has inspected the completed installation and verified that same is in accordance with this application and agreement.
A. 
Upon written instruction from the duly authorized officials of the municipality supplied by the Borough, the Borough will install at the designated location on any public highway, a fire hydrant, together with a cast iron service line from the Borough's street main to the hydrant, provided that the size of the existing main and surrounding distribution system and the available pressure in said street main are, in the judgment of the Borough, sufficient to provide property service at the fire hydrant under normal and ordinary conditions. Cost of installation is to be paid by party requesting hydrant water before water is turned on.
B. 
All public fire hydrants will be maintained by the Borough at its own expense, provided that any expense for repairs caused by carelessness or negligence of the employees or representatives of the municipality where the hydrant is located or the members of the fire or any other department thereof shall be paid for by the municipality where the hydrant is located or the fire or other department where the hydrant is located.
C. 
The use of public fire hydrants (except as provided in Subsection D) shall be restricted to the taking of water for the extinguishing of fires.
D. 
The testing of fire hoses, fire apparatus, or the instructing in firefighting techniques by fire companies shall be restricted to the hydrants owned by the Borough designated as training hydrants and only after receiving prior approval for training by Borough Council. No other public or private hydrants shall be used for this purpose.
E. 
No public fire hydrant shall be used for sprinkling streets, flushing sewers or gutters, filling swimming pools, contractors' or builders' purposes, or for any purpose other than fire purposes, except with the written approval of the Borough. The Borough's approval of the use of water from fire hydrants will not be granted except where such use is deemed necessary by the Borough and other means of obtaining water are not available. Any permit so granted shall be revocable at the discretion of the Borough.
F. 
Only representatives of the Borough are authorized to take fire flow measurements or pressure tests from either public or private fire hydrants. Any fire company or insurance company requiring fire flow/pressure tests shall contact the Borough to schedule such tests.
G. 
Upon receipt of a written request to change the location and/or grade of a public fire hydrant, the Borough has the discretion to make such change at the expense of the municipality, company, individual or other entity requesting such change. Upon receiving such written request, the Borough will conduct an investigation to make a determination on whether or not the change should occur.
H. 
Upon requests of the duly authorized officials of any municipality, the Borough will make inspections at convenient times and at reasonable intervals to determine the condition of the fire hydrant, such inspections to be made by a representative of the Borough and the Fire Chief or other duly authorized representative of the municipality where the hydrant is located.
I. 
Public fire protection service annual charges shall be payable in advance by the municipality where the hydrant(s) are located at the rate set forth in the Borough's water rate schedule.
J. 
The Borough does not assume any liability as insurer of the property or person. Any property owner receiving fire service will not be entitled (in the event of fire) to any service, pressure, capacity, or circumstances of the Borough at that time.
A. 
Under a metered condition, such private fire service as a consumer may elect to use through his general service line shall not be considered private fire protection service within the meaning of the term as specifically used in the rate schedule, nor shall there be any other charge for such service except that which arises from the application of metered service rates. All other private fire service will be furnished only at the rates established under "Private Fire Service."[1]
[1]
Editor's Note: The "Private Fire Service" document is on file in the Borough Offices.
B. 
A fire service line with shutoff valve for private fire service only will be installed by the Borough from the main to the curb. The cost of the fire service line will be paid by the consumer before service is rendered. Said cost will be the Borough's actual cost of installation. The Borough may install and maintain a meter or bypass detector meter, at consumer's expense, on said service line provided and maintained by the consumer at a place suitable and acceptable to the Borough.
C. 
Private fire service annual charges shall be payable in advance from the date of installation for new private fire lines or hydrants, the prorated charge upon application shall be the full applicable charge between January 1 and June 30 and 1/2 of the applicable charge between July 1 and December 31. Private fire service annual charges shall be due each January for the full calendar year. Refunds for cancelled service will be on the basis of 1/2 of the total yearly charge between January 1 and July 1 and no refund thereafter.
D. 
Cross-connection between a consumer's own private water supply and the Borough's service line shall be governed by Pennsylvania Department of Environmental Protection Title 25, Chapter 109, and §§ 109.71 through 109.76.[2]
[2]
Editor's Note: 25 Pa. Code §§ 109.71 through 109.76 were reserved on 12-8-1984, the same date on which 25 Pa. Code § 109.608, Cross-connections, was adopted.
E. 
When a consumer desires or must use fire system booster pumps, approval will only be granted based on the results of a hydraulic analysis conducted by an independent professional engineer agreed upon by both the consumer and the Borough, showing the effect said pumps would have on the Borough's distribution system. All costs involved for this study shall be borne by the consumer. The Borough retains the right to deny approval of fire system booster pumps if the analysis indicates a negative effect on the Borough's distribution system.
F. 
The maximum size fire line or connection shall be 12 inches or limited to one size smaller than the street main to which it is connected.
G. 
Terms of agreement. All private fire service connections shall be made on the basis of a "fire service connection agreement" between the applicant and the Borough, said agreement providing:
(1) 
The Borough makes NO guarantees as to the pressure or volume of the water in this line or the main supplying the same, and shall not, under any circumstances, be held liable for the loss or damage from a deficiency or failure in the supply of water, whether occasioned by the shutting off of water in the case of accident or for alterations, extensions, connections, or repairs, testing or for any cause whatsoever.
(2) 
The consumer agrees to hold the Borough completely harmless from any loss incurred or alleged and to indemnify the Borough for any losses or expenses incurred as a result of the issuance of service through said connection.
A. 
Private yard service lines shall be installed according to Borough's specifications which shall be determined on a case by case basis.
B. 
Metering shall be approved by the Borough.
C. 
Private yard service line and system shall contain a detection meter at a point where private line ties into Borough line to monitor leakage.
D. 
No taps shall be made without a Borough permit. If the Borough installs a tap, the owner shall pay for the cost of such tap.
A. 
Residential meters will be read on a quarterly basis. Commercial meters may be read on a monthly or quarterly basis at the discretion of the Borough. Standard bills based upon the time interval between meter readings shall be computed and issued.
B. 
All water bills shall be due and payable when rendered. Special charges shall be payable upon demand. No abatement on water bills will be made for leaks or for water wasted by damaged or defective fixtures. All charges to metered commercial, industrial and public consumers, if unpaid 35 days after the same are due, shall be considered delinquent, and a 5% late payment charge will be added to the bill. All charges to metered residential consumers, if unpaid, 35 days after the same are due, shall be considered delinquent, and a 5% late payment charge on the full unpaid and overdue balance will be added to the bill. During the delinquent period, a ten-day notice for water shutoff will be sent to the property and posted on the property. If the bill remains unpaid at the conclusion of the delinquent period, water service will be shut off for the property of said delinquent customer and a disconnect fee of $50 will be charged to the customer.
[Amended 6-20-2019 by Ord. No. 454]
C. 
Any service discontinued for nonpayment of a water bill, or violation of the Borough's rules, will not be resumed until all arrearages are paid, plus a charge of $100 to cover the cost of reconnecting the water. In the event the consumer makes payment on the day the representative of the Borough personally delivers notification of turning off service for nonpayment of a water bill, a charge of $7.50 to cover the cost of notification will be paid by the consumer in addition to all arrearages. In cases where it becomes necessary to remove and reinstall a meter, the charge will be $25. If restoration of service after normal working hours is requested, the consumer will be charged the actual cost incurred. If a check used for payment of a water bill is returned for insufficient funds, the Borough will send notice via certified mail or overnight courier demanding payment of the water bill by cash or money order within 10 days from the date of the letter along with additional charges, including, but not limited to, the insufficient funds fee charged by the bank(s) to the Borough, along with an additional administrative charge by the Borough of $50. If the money order or cash amount for the water bill is not received by the Borough within the allotted time, water service will be shut off pursuant to the terms and conditions of this chapter and legal action will commence against the consumer for recovery of all costs incurred by the Borough along with costs of suit.
D. 
Bills for metered service will be calculated according to the use indicated by the meter registration. In the absence of meter readings or failure of the meter to properly function or for any other reasonable cause, the bill will be according to estimated use on the basis of meter registration during similar preceding periods. In the case where the remote unit malfunctions, a bill for water service will be calculated according to use by meter registration.
E. 
The owner of any metered premises shall notify the Borough immediately of any change of ownership of such premises so that the Borough may cause the water to be read, so that the final consumption shall be billed to the consumer or seller and all future billings shall be made to the future consumer or buyer. A $10 charge will be billed in connection with the change of ownership to cover the meter reading and related administrative costs. Bills for a partial billing period will be determined according to the water rate schedule based on actual consumption or a prorated minimum, whichever is greater. Prorated minimum bills will be based on the number of days service is rendered in the billing period.
F. 
The owner of any premises serviced with water by the Borough shall be responsible to the Borough for the payment of all water furnished to the premises; irrespective of any agreement between the premises' owner and a third party, and the bill shall in all cases be rendered to the owner of the premises unless the Borough has written agreement with the owner to render the bill to some other party acting in the formal capacity as an agent of the owner, in which case the owner shall nevertheless remain liable for the payment of all water bills.
G. 
All flat rate bills, except for temporary service, are rendered annually in advance from January 1 to January 15, inclusive, and are payable in full when rendered. If bill is unpaid in 30 days, it shall be considered delinquent and a 10% late charge will be added to the bill. Whenever a bill becomes delinquent 10 days, written notice will be given, after which, if bill is still unpaid, water will be shut off from premises of such delinquent consumer. Such consumer will not again be supplied except upon payment of all outstanding amounts and costs incurred for restoring service.
H. 
All fire service will be furnished only at the rates established under "Public and Private Fire Service Rates."[1]
[1]
Editor's Note: Said publication is on file in the Borough offices.
I. 
All charges for temporary water service shall be paid in advance of service in accordance with established rates.[2]
[2]
Editor's Note: Established rates are on file in the Borough offices.
J. 
All bills for water services are payable at the Borough Offices, Pine Grove, Pennsylvania. The Borough may mail or deliver the bills and notices to a consumer at his address given in the application and service contract and the Borough shall not be otherwise responsible for the delivery thereof. If payment of a bill is made by mail, for the purpose of determining the time of payment, it shall be determined to have been made on the date shown on the postmark on the envelope in which payment is enclosed.
K. 
Failure to receive a bill does not exempt the customer from terms of payment and shall not constitute a waiver of these rules and regulations.
L. 
A consumer who admits liability for billed services and who is deemed to be delinquent in payment for services rendered may enter a mutually satisfactory written agreement with the Borough to amortize or pay the unpaid balance of the account one or more payments over a reasonable period of time.
M. 
The Borough reserves the right to take any legal action it deems necessary, including placing a lien against the property, in order to recover amounts due and payable. All costs and expenses incurred by the Borough related to collection of unpaid bills, rents, tolls and charges, including, but not limited to, attorneys' fees and interest at the prescribed acceptable rate under Pennsylvania law are to be the responsibility of the consumer, owner or responsible party.
A. 
All persons, firms or corporations who may desire to discontinue the use of water shall notify the Borough, in writing; and upon failure of such notice, they shall be charged with water rent until such notice be given. In no case will the abatement be allowed for less than three months in any one calendar year. In case of failure of the supply of water, from any cause whatsoever, there shall be no reduction or abatement in water rents made or allowed.
B. 
All users are to be billed as full consumers or customers, and no exonerations, either wholly or in part, are to be granted for any use.
C. 
The minimum charge shall be applicable, regardless of amount of water used, as long as the meter is in place and the service is live into the premises. The minimum charge will be waived only on the basis of no meter registration for a full billing period after written notice to the Borough to shut service off at the curb.
D. 
The Borough may, at its option, waive the penalty portion of a water bill, after reviewing past payment records, consumer mailing records, etc.
A. 
Service may be discontinued by the Borough after due notice to the consumer:
(1) 
Use of water by a consumer, or with his consent, for any purpose or at any location or property other than those or that described in the application;
(2) 
Failure of a consumer to maintain and repair his consumer's service line;
(3) 
Waste of water by a consumer, due to unauthorized running of water to prevent freezing;
(4) 
Failure of a consumer to pay a bill for water service within the period herein specified or failure to pay any other fee or charge herein provided;
(5) 
Vacancy of the premises;
(6) 
Violation by a consumer, or with his consent, of any Borough rules and regulations;
(7) 
When a service is discontinued due to demolition, etc., the service line shall be disconnected at the main by shutting off at corporation cost will be paid by the property owner at the rate established under "Schedule C - Special Charges"[1];
[1]
Editor's Note: Schedule C is on file in the Borough offices.
(8) 
Noncompliance of any measures, rules, restrictions or orders issued by the Borough due to water shortages;
(9) 
Use of water in such a manner which causes flow or pressure surges in the water system and failure to correct problems when so directed by the Borough.
(10) 
Stealing water service from the Borough.
(11) 
Obtaining water service through fraud.
(12) 
Tampering with meter.
(13) 
Unsafe service conditions.
(14) 
Giving a bad check to stop termination.
B. 
A consumer desiring the discontinuance of water service shall give written notice to the Borough Office, Pine Grove, Pennsylvania. If the consumer requests the water to be shut off at the curb, a charge of $15 will be made for this service.
C. 
The Borough may, without notice if an emergency reasonably requires it, discontinue water service in order to make necessary repairs or connections or to meet any other emergency; however, the Borough will give notice of any discontinuance of service if it is reasonably possible.
D. 
If, after reasonable investigation, the Borough determines the premises to be vacant and payment of water bills has not been made within the time prescribed herein, the Borough may cause the water service to be disconnected to that premises immediately with written notice to be sent to the consumer or owner at his last known address via United States Postal Service, regular mail, and to be posted on the front door of the premises.
A. 
Any customer desiring standby water service shall submit a written application to the Borough.
B. 
The Borough will determine the size and location of service lines and the number and types of meters required for standby service based on information supplied to him by the applicant.
C. 
Facilities deemed necessary by the Borough to provide standby service and to protect the Borough's water system shall be installed at consumer's expense.
D. 
Normal consumption and minimum charges in effect under the water rate schedule shall apply according to meter sizes.
E. 
When a consumer is disconnected from service and the Borough continues to provide "ready to serve" facilities, the Borough has the discretion to charge the minimum rate according to meter size in place at the customer location.
F. 
The term of the standby service shall be established by the Borough.
G. 
Standby service will be available to existing consumers as well as future consumers.
The Borough shall not be liable for any damage or injury to any person or property caused by the discontinuance of water service for any of the reasons enumerated in § 180-16 hereof or for the purpose of making necessary repairs or connections or to meet any emergency, or caused by the failure of a consumer to maintain consumer's service line or caused by water escaping from consumer's service line or caused by the total or partial failure of water service or pressure for any cause beyond the control of the Borough. The Borough shall be under no liability for damage or injury be reason of any fire, water, failure to supply water, or pressure, or capacity, or lack thereof to any person or property caused by the total or partial failure of water service or pressure for any cause whether within or beyond the control of the Borough.
A. 
Extensions by developer:
(1) 
Terms of agreement. All extensions shall be made on the basis of an "extension refund agreement" made between the consumer or group of consumers and the Borough, the said agreement providing:
(a) 
All extension shall be made at the expense of the consumer or consumers by contractual agreement with contractors other than the Borough of Pine Grove, and the extensions shall be installed, including pipe, valves, valve boxes, fire hydrants, and appurtenances, in accordance with the Borough of Pine Grove's Construction Specifications for Water Main Installation[1]; and, upon completion of the extension and acceptance by the Borough, the right and title of the extension will be conveyed to the Borough of Pine Grove.
[1]
Editor's Note: The Construction Specifications for Water Main Installation are on file in the Borough offices.
(b) 
As a general rule, all main extensions shall be eight inches or larger with the exception of six inches may be permitted for cross-gridding mains of 600 feet or less in length not supplying fire hydrants or other instances as approved by the Borough. The size of the main or mains in all cases shall be specified by the Borough.
(c) 
In the event the Borough desires the main or mains to be larger than eight inches in diameter, the Borough will refund to the extendor the excess cost of pipe, valves, and fittings over the cost of eight-inch pipe, valves, and fittings, said refund to be based on the annual bid price of water distribution materials.
(d) 
There will be no refund for water mains installed within developments.
(e) 
For water mains installed outside a development the Borough will refund to the extendor for each new customer hookup or per foot amount based on the current bid price of eight-inch pipe plus 150% times the pipe cost. The amount of refund will be based on the front footage of the property receiving service. In cases where service can be taken from either side of the said road or street, refund will be based on 1/2 of the front footage.
(f) 
In regard to the provisions set forth in Subsection A(1)(e), no refund will be made to the extendor for new customer hookups made 10 years after the date of the extension agreement. At that time, all accounting shall cease.
(g) 
For water mains installed inside a development but serving customers outside the development, each new water customer service outside the development shall pay the Borough a hookup fee equal to the extendor's fund as established in § 180-18A(1)(c) of this section. The Borough, in turn, will refund said amount to extendor. The provision set forth in Subsection A(1)(f) of this section would apply to this Subsection A(1)(g).
B. 
Extensions by the Borough. In those instances where the Borough extends new mains in new service areas in order to improve its system, such as to provide adequate water pressure to its customers, provide loops, etc., any property owner whose property or properties can be served by said main and desiring to connect to said main extension shall pay to the Borough a foot amount based on the current price of eight-inch pip plus 150 times the pipe cost. The amount of refund will be based on the front footage of the property receiving service. In cases where service can be taken from either side of any road or street in which the Borough has extended its mains in accordance with foregoing, refund will be based on 1/2 of the front footage.
A. 
The Borough shall have the right to reserve a sufficient supply of water at all times in its wells/tank to provide for emergencies, or may restrict or regulate the quantity of water used by consumers in case of scarcity, or whenever the public welfare may require it.
B. 
The Borough has the right to declare a "water emergency" due to water shortage or other emergency condition, and to impose any water restrictions deemed necessary during such emergency. Water emergency restrictions will continue in effect until terminated by the Borough.
C. 
Any authorized representative of the Borough shall have access at all reasonable hours to any premises supplied with water service for the purpose of reading meters, making inspections, or repairs or securing information as the Borough may deem necessary for the proper and efficient conduct of its business.
D. 
No official or representative of the Borough shall have the authority to bind it by any promise, agreement or representation not provided for in these rules and regulations.
E. 
The Borough shall have the right to deny "application for service" during period of water shortage.
F. 
The rules and regulations of the Borough shall be applicable to all situations involving the water system. A copy of the rules and regulations shall be available upon request (at a reproduction fee) at the Borough Office. Failure of any person to inform themselves of the rules and regulations applicable to any situation shall not be considered as sufficient excuse for noncompliance.
Separate meters may be installed for each individual dwelling unit in a condominium building or complex as heretofore defined after application therefore by the owner or owners thereof or by their duly authorized agent, where all the following conditions are satisfied.
A. 
The consumer's service lines materials and installation shall be in accordance with Borough's specifications and inspection.
B. 
Each meter shall be installed in a suitable place protected from the elements and other abuse and shall be accessible to Borough personnel for periodic readings and exchanges.
C. 
An accessible valve or curb stop shall be installed by the owner or owners so as to provide Borough control of the water service from outside each dwelling unit.
D. 
The owner or owners shall make provision, at his/her expense in accordance with Borough specifications and inspection, for the installations of remote meter readers wired to a central location approved by the Borough and readily available to the Borough personnel.
E. 
Each such meter shall be installed so as property to record all water flow to each such dwelling unit and an additional meter shall be installed to record any water used by the owner or owners for purposes other than which shall be the responsibility of other respective consumers.
F. 
The owner or owners shall be responsible for water service charges when such dwelling unit is vacant after a tenant moves out and before a new tenant moves in and shall satisfy any delinquent bills for the restoration of water services.
G. 
The owner or owners shall purchase and install in accordance with Borough's specifications a master meter, meter pit, check valve, gate valves, and related appurtenances at the point of connection to the Borough's system. The master meter will be used to register hydrant flows, leakage, etc. Whenever the master meter registration is greater than the cumulative total of the individual residential registration, the owner or owners shall pay for said excess water consumption.
H. 
All water service connections to condominium complexes shall be made on the basis of a "condominium agreement" made between the applicant or group of applicants and the Borough, the said agreement providing:
(1) 
Private fire service;
(2) 
Deed master meter to the Borough for ownership and maintenance.
(3) 
Address situations that are not covered in rules and regulations.
A. 
Section 1428 of the Federal Safe Drinking Water Act Amendments of 1986 required the establishment of Wellhead Protection Programs (WHPP) to protect public groundwater supplies from contamination, ensure public health and prevent the need for expensive treatment of wells to comply with drinking water standards.
B. 
The responsibilities for development and implementation of the WHPP in Pennsylvania shall be shared between the state and local governments. The Department of Environmental Protection (DEP) is the primary agency for the Safe Drinking Water Act and the Division of Water Supplies has the primary responsibility for administering the WHPP in Pennsylvania.
C. 
A comprehensive WHPP consists of several discrete and vital components:
(1) 
Summary and purpose of the WHPP: objectives should be defined and methods to achieve goals should be stated.
(2) 
Designation of responsibilities. Agencies/organizations involved:
(a) 
United States EPA; guidance, geographic information systems (GIS) support.
(b) 
Pennsylvania DER (Division of Water Supplies); technical oversight, guidance.
(c) 
County Planning Commission: coordination of land use issues.
(d) 
Municipalities: implementation through land use tools.
(e) 
Water supplier: administration and coordination of program, public education.
(3) 
Delineation of Wellhead Protection Areas (WHPA)[1].
(a) 
A WHPA is defined as the surface and subsurface area surrounding a public water supply well or well-field through which contaminants are likely to move toward and reach the water well or well-field.
(b) 
Based on available hydrogeologic/geologic information, criteria would be included:
[1] 
Distance.
[2] 
Drawdown.
[3] 
Time of travel.
[4] 
Groundwater flow boundaries.
[5] 
Assimilative capacity.
(c) 
Delineation methods include:
[1] 
Fixed radii.
[2] 
Simplified variable shapes.
[3] 
Analytical methods.
[4] 
Hydrogeologic mapping.
[5] 
Fracture trace analysis.
[6] 
Numerical modeling.
[1]
Editor's Note: Information on the delineation of WHPAs is on file the Borough offices.
(4) 
Identification of contaminant sources.[2] Within each WHPA, all man-made sources that may adversely impact public health or prevent compliance with the Safe Drinking Water Act should be identified.
[2]
Editor's Note: Specific information on the identification of contaminant sources is on file in the Borough offices.
(5) 
Development of management approaches. Regulatory or nonregulatory, examples include:
(a) 
Zoning.
(b) 
Subdivision control.
(c) 
Transfer of development rights.
(d) 
Technical/financial assistance.
(e) 
Implementation of control measures.
(f) 
Household hazardous waste collection programs.
(g) 
Education.
(h) 
Demonstration projects.
(6) 
Contingency planning. Develop provisions for alternate water supplies in the event of well or well-field contamination and emergency responses to environmental incidents that may impact a well or well-field.
(7) 
New water supply source protection: Reviewing potential sources or contamination for new wells and careful sitting of new wells.
(8) 
Public participation.
(a) 
Providing a forum for business, citizen and technical advisory groups to interact through public meetings, hearings, seminars, and outreach programs in order to disseminate information.
(b) 
Key item: It is less expensive to protect groundwater than it is to remediate it once it is contaminated.
D. 
Wellhead protection areas.
(1) 
Zone I: 400-foot protective radius.
(2) 
Zone II: Area within ten-year time of travel capture zone determined using EPA's semi-analytical, groundwater computer program, WHPA, version 2.0.
(3) 
Zone III: WHPA boundary; zone of construction to well or well-field inferred from fracture trace analysis results and hydrogeologic mapping.
E. 
Categories of potential sources.
(1) 
Category I: Sources which discharge potentially hazardous materials during normal separations.
(a) 
Land application of wastewater and sludges.
(b) 
Graveyards.
(c) 
Landfills.
(2) 
Category II: Sources which store quantities of potentially hazardous materials which should be discharged through unplanned releases.
(a) 
Industrial and manufacturing facilities.
(b) 
Commercial facilities regulated under the RCRA.
(c) 
Commercial facilities suspected of storing substantial quantities of potentially hazardous materials.
(d) 
Road salt storage areas.
(e) 
Manure pits.
(3) 
Category III: Sources which transport substantial quantities of hazardous materials which could be discharged through unplanned releases.
(a) 
Pipelines.
(b) 
Rail lines.
(c) 
Material transfer and transport operations.
(4) 
Category IV: Nonpoint sources.
(a) 
Non-sewered residential and commercial areas.
(b) 
Crop lands.
(5) 
Category V: Sources providing conduits or inducing discharge through altered flow patterns.
(a) 
Fractured bedrock.
(b) 
Quarries.
(c) 
Sinkholes and dumps.
F. 
Common sources of groundwater contamination.
(1) 
Category - Agricultural: Contaminant source. Animal burial areas; animal feed lots; fertilizer storage/use; irrigation sties; manure spreading areas/pits; pesticide storage/use.
(2) 
Category - Commercial: Contaminant source. Airports; auto repair shops; boatyards; construction areas; car washes; cemeteries; dry cleaners; gas stations; gold courses; jewelry/metal plating; laundromats; medical institutions; paint shops; photography establishments; railroad tracks and yards; research laboratories; scrap and junkyards; storage tanks.
(3) 
Category - Industrial: Contaminant source. Asphalt plants; chemical manufacture/storage; electronics manufacture; electroplaters; foundries/metal fabricators; machine/metal working shops; mine and mine drainage; petroleum production/storage; pipelines; septage lagoons and sludge; storage tanks; toxic and hazardous spills; wells (operating/abandoned); wood preserving facilities.
(4) 
Category - Residential: Contaminant source. Fuel oil; furniture stripping/refinishing; household hazardous products; household lawns; septic systems; cesspools; sewer lines; swimming pools (chemicals).
(5) 
Category - Other: Contaminant Source. Hazardous waste landfills; municipal incinerators; municipal landfills municipal sewer lines; open burning sites; recycling/metal reduction facilities; road de-icing operations; road maintenance depots; stormwater drains/basins; transfer stations.
A. 
This Borough, from time to time, in accordance with law, by appropriate ordinance or resolution, may adopt such additional rules and regulations as, in the opinion of the Council of this Borough, may be desirable, beneficial or necessary for or in connection with use and operation of the water system and which shall govern and control the distribution and supply of water by this Borough to consumers in this Borough, the Township or any other municipalities the Borough may service.
B. 
Any such rules and regulations shall be construed in conjunction with provisions hereof and shall become effective upon the date fixed by this Borough upon adoption thereof.
The police officers of the Borough as well as the Borough Code Enforcement Officer are hereby specifically given authority to and shall enforce all the provisions hereof consistent with law.
Any person, firm or corporation who shall violate any provision of this chapter, upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fines and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.
A. 
In the event any provision, section, sentence, clause, or part of this chapter shall be held to be invalid, such invalidity shall not effect or impair any remaining provision, section, sentence, clause or part of this chapter, it being the intent of this Borough that such remainder shall be and shall remain in full force and effect and for this purpose the provisions of this chapter are hereby declared to be severable.
B. 
In the event any legislation by the Commonwealth of Pennsylvania shall be or become effective dealing with the same or similar subject matter as that included herein, such shall remain in full force and effect if it is more restrictive, and not inconsistent with, such legislation; but if such legislation is more restrictive, and/or inconsistent, this chapter shall be interpreted according to such legislation and shall be superseded by such legislation. However, all the remains of the chapter shall be and shall remain in full force and effect and for this purpose severable as provided herein.
All ordinances or parts of ordinances expressly inconsistent herewith, or dealing with the same or similar subject matter of this chapter are expressly repealed. Specifically repealed effective on even date with the effective date of this chapter are all provisions of Ordinance Nos. 1 (1916), 18, 21, 22, 39, 48, 49, 58, 140, 192, 195, 197, 242, 253, 319, and 412.
This chapter shall become fully effective and applicable on the fifteenth day next following enactment by the Pine Grove Borough Council.