Borough of Phoenixville, PA RATES, RULES AND REGULATIONS

[Ord. No. 2021-2324, 3/9/2021]

Rules and Regulations. The following rules and regulations are hereby fixed and established and shall constitute a part of the contract with all consumers of the water of the municipal plan of the Borough of Phoenixville:

Billing Cycle and Due Date. All owner-occupied single-family dwellings and institutional facilities shall be billed quarterly. All tenant-occupied single-family dwellings, multifamily dwellings and commercial-industrial facilities shall be billed monthly. Water bills are to be paid within 20 days after the date they are prepared; the billing date and due date are shown on the bill. The bill shall be issued (by mail or other delivery) to the customer promptly after it is prepared. Amounts not paid by the due date are delinquent. Failure to receive a bill shall not excuse late payment, and interest on the delinquent amount will be assessed and the property will be subject to lien and shutoff of service to the same extent as if the bill was received by the customer. If the customer does not receive a bill pursuant to the regular billing cycle, it is the customer's obligation to contact the Boroughs billing department for a new bill and/or to arrange for payment.

Interest on Delinquent Balances. Interest at the rate of 10% per annum, calculated daily, shall be charged on the total delinquent balance of each account. The total delinquent balance shall include all amounts delinquent including, but not limited to, service rates, fees and charges.

Responsible Party. The responsible party shall be obligated to the Borough for all charges, fees, costs, penalties and interest imposed pursuant to this Part, in connection with the service. If there is more than one responsible party, they shall be jointly and severally liable.

Termination of Service for Nonpayment and Reconnection Charge.

(1)

If a customer's water and/or sanitary sewer account has been and remains delinquent for more than 30 consecutive days, the Borough may shut off service to the property until the account is paid in full; provided, however, that no such shutoff shall take place until the customer is given written notice of the same at least 10 days before the shutoff. Such notice shall be given by one of the following methods:

(a)

United States Mail, with proof of mailing 15 days prior to the shutoff date, which proof shall have been issued by the United States Postal Service;

(b)

United States Certified Mail, return receipt requested, when the return receipt shows that it was received 10 days before the scheduled cutoff date;

(c)

By personal service; or

(d)

By regular First Class United States mail, mailed at least 15 days prior to the shutoff date, and posting the property at least 10 days prior to the shutoff date.

(2)

The service may be shut off any time after the ten-day notice is given, provided that payment of all delinquent amounts and any scheduling fee as provided herein have not been paid in full according to this Part. Shutoffs will be scheduled 48 hours in advance. If the full delinquent amount is not paid by 48 hours in advance of the date when shutoff is authorized pursuant to the notice, a fee of $25 will be charged for scheduling the shutoff. To avoid a shutoff, when the shutoff is scheduled, the customer must pay all delinquent amounts in full, in cash, money order or certified bank check to the Borough cashier or the Borough billing department must receive notice, in the normal course of business, that all delinquent amounts and fees were paid into the Borough's account and are available to the Borough. There will be a charge as set in accordance with the Borough of Phoenixville Master Schedule of Fees to reconnect a service which has been shut off for nonpayment of delinquent balance.

(3)

When water service is terminated for any reason, the responsible party must sign a waiver indemnifying the Borough of any water damage that might occur due to broken pipes or spigots left prior to the reconnection of the service line.

Security Deposit. If a customer's service is turned off because the account is delinquent, the service will not be turned on again until the customer posts a security deposit with the Borough which the Borough may use to secure the proper payment of the customer's account. The amount of the security deposit shall be in accordance with the Borough of Phoenixville Master Schedule of Fees and in the case of nonresidential accounts, an amount equal to the bills for the two months' service immediately preceding the shutoff. The customer shall maintain the security deposit amount or a penalty of 10% of such amount will be assessed and the service may be shut off, pursuant to Subsection 1(D) hereof. The Borough will maintain the security deposit for a period of one year, provided that the customer remains in good standing, for 12 consecutive months. The Borough reserves the right to apply the security deposit if needed.

Collection of Delinquent Accounts. Any delinquent account may be collected, at any time, as a municipal claim and/or in any other manner authorized by law; provided, however, that the municipal claim procedure as authorized by the Municipal Claim and Tax Lien Law and all other proceedings shall be according to any applicable provisions of the Borough franchise and/or Pennsylvania Public Utility Commission regulations with respect to customers located outside of the Borough.

Attorney's Fees and Other Charges. Fees and charges shall be in accordance with the Borough of Phoenixville Master Schedule of Fees and shall be charged to the responsible party(ies) for the Borough Attorney's work on collection of delinquent water accounts.

Control of Mains. The water mains of the Borough system are under the exclusive control of the Borough. No person other than employees of the Borough or Borough approved contractor shall disturb, tap, change, obstruct access to or interfere with them in any way.

Ownership of Service Pipes. The service pipe from the main, including the curb stop and curb box, is the property of the Water Department of the Borough of Phoenixville, and the service pipe from the curb stop, excluding the curb stop and cut box, is the property of the customer and must be kept in good repair by the customer at his or her or its own expense. On notice by the Water Department to the customer that his/her/its service line is defective, which determination is to be made by the Water Distribution System Department, the service line shall be immediately repaired by the customer at the expense of the customer.

Uninterrupted Water Supply Not Guaranteed. It is expressly agreed and understood that the Borough authorities shall have the right, at any time, to shut off the water or decrease or increase the pressure, without notice, for the purpose of extending, replacing, repairing or cleaning mains and appurtenances or for any other purpose and the Borough of Phoenixville shall not be held liable for any damage arising therefrom. No claim shall be made against the Borough by reason of the breaking of any pipe or connections. Whenever possible, customers will be notified in advance of an interruption of water supply.

Any unpaid water service fee, together with penalties and interest thereon to the extent permitted by law, and all delinquent costs shall be a lien on the property served, which may be collected by action in assumpsit by distress and/or by a lien filed in the nature of a municipal claim and/or by termination of services to the extent provided by law. In addition, any costs and/or attorney's fees incurred by the Borough of Phoenixville shall be added to the unpaid water service fee along with penalties and interest as set forth above, and the aggregate of the same shall be entered as a lien on the property served.

Main Attachments.

After application for water has been made and the proper permits issued, main attachments shall be made by the applicant.

The applicant for a main attachment shall do all necessary excavating for the service pipe in accordance with the Borough Standard Construction Details adopted by resolution and located as an attachment to Chapter 22, Subdivision and Land Development.

Quality of Service Pipes and Appurtenances. All work performed and materials used by or at the direction of any consumer in and about connecting into the Borough water system or in connection with utilization of the Borough water system, disconnecting such service or otherwise altering, servicing or repairing any facility or equipment concerned in the utilization of the Borough water system shall be done by a registered plumber in strict accordance with the specifications set forth in the current American Standard National Plumbing Code of the American Society of Mechanical Engineers, copyright 1955, the provisions whereof are expressly adopted hereby as having the force of law and are hereby incorporated by reference. All work so performed and materials so used not expressly covered in said code shall be done by a registered plumber in strict accordance with such supplementary regulations as may be adopted from time to time. The administration and enforcement of this Part shall be the duty of the Borough Manager who is authorized to take such action as may be reasonably necessary to enforce these provisions.

Waste of Water. Excessive or unnecessary use or water, whether caused by carelessness or by defective or leaky plumbing or fixtures, is prohibited. For noncompliance wills a twenty-four-hour notice from a representative of the Borough left on the premises, or served on the agent, owner or tenant, to abate the waste of water or to repair a leaky fixture or pipe, the water will be shut off and not turned on again until the waste has been stopped, the leak fixed and the charges for shutting off of the service paid.

Each Separate Property to Have Separate Connection with Main. Each separate lot or property supplied with water shall have its own single separate service pipe connected in the most direct line with the water main.

10.

Joint Service Pipes. Whenever a joint service pipe supplying separate properties located along a water main springs a leak of such a nature as will ordinarily require the replacement of any portion of the pipe, the joint service will be discontinued and new and separate connections shall be made immediately to the properties heretofore having the indirect connections, by and at the expense or the owner.

11.

When Water Is to Be Turned On. No water shall be turned on until all water charges against the premises are paid, including water used for building purposes and outstanding building/construction permits. Prior to turning on the water, the responsible party must sign a waiver holding the Borough harmless should water damage occur due to broken pipes, valves, or spigots being left open.

12.

No extension to service shall be made without a permit and plumber. Whenever an unmetered service connection exists, no person shall make any attachment or connection to it or extend any service connection or make any additions or alterations to any tap, pipe, stop or other fixtures connected with the water system unless a written permit is procured from the Borough, specifying the particular additions or alterations by a regular licensed plumber, who shall make a written return on the same immediately thereafter.

13.

Notice by Customer to Have Service Disconnected. A customer who is about to vacate any premises supplied with water by the Water Department of the Borough of Phoenixville and who, for any reason, wishes to have service disconnected, shall give at least seven days written notice to the Water Department and pay the termination fee. Such written notice shall specify the date on which service is to be terminated. Upon the absence of a written notice to the Water Department of the Borough of Phoenixville, the customer shall be responsible for services rendered and all charges for the account until such time as the Borough has actual notice of the customer's intent to discontinue service.

14.

Employees of Water Department to Have Access to Premises. Inspectors or any person authorized by the Borough shall have free access at all reasonable hours to all parts of every building for the purpose of inspecting meters, examining water fixtures and observing the manner in which water is used and shall not be interfered with in the discharge of their duties.

15.

Vacant Premises. No allowance will be made on account of vacant premises, unless the owner or authorized agent signs a request to turn off the water and pays the Disconnection Fee in accordance with the Borough of Phoenixville Master Schedule of Fees for shutting off the water. To turn water back on, the owner or authorized agent signs a request to turn on the water and pays the Reconnection Fee in accordance with the Borough of Phoenixville Master Schedule of Fees for turning on the water. Wherever buildings are torn down or abandoned, the water charges shall continue in force until the service attachment is disconnected.

16.

Two or More Properties on Same Connection. In case two or more properties in the Borough are supplied with water from the same service line:

Upon the sale or transfer of any one of the properties, the owner of said property shall be responsible for replacing by a separate service line with curb stop and curb box, at the expense of the consumer.

Whenever that service line requires repair or replacement, and the consequent closing of the main stop, it shall be replaced by a separate service line with curb stop and curb box, at the expense of the consumer.

17.

Water for Lawn Watering or Irrigation to Be Under Control of the Borough.

The use of water for lawn watering purposes or irrigation shall be at all times subject to the express condition that the Borough may, at any time, when in the opinion of the Borough Manager, the condition of the public water supply demands it, limit the time each day during which a hose may be used for lawn watering or irrigation purposes, and the Borough Manager reserves the right to restrict of forbid the use of water for lawn watering or irrigation purposes for any period necessary.

When the Borough water supply shall be limited as hereinbefore provided, the Borough Manager shall immediately cause notice of such limitation or prohibition to be published in a daily newspaper printed in the Borough of Phoenixville, at least three times each week during the continuance of such limitation or prohibition, and any person, firm or corporation violating the mandates thereof shall be liable, on conviction thereof, to the penalty prescribed by this Part.

18.

Use of Public Fire Hydrants.

No person shall, without written permission from the Borough Manager, use or interfere with any fire hydrant.

The Borough Manager may permit water to be used temporarily from any fire hydrant for nonpotable water use only in localities where no other supply can be obtained. This permission will not be granted unless a written request is first made to the Borough.

All water used through a fire hydrant, except that used at fires, shall be controlled by time use of a separate meter provided by the Borough attached to fire hydrant, and while the water is being used, the fire hydrant shall be opened full. All fire hydrants shall be operated only with a special fire hydrant wrench. No fire hydrant shall be used for other than fire purposes during freezing weather.

19.

Obstructing Fire Hydrants.

No person shall obstruct the access to any fire hydrant by placing or permitting any post, tree, debris, building material or other obstruction to remain within the following specified distance of the front, sides and rear of the hydrant.

The unobstructed distance on sidewalks shall not be less than four feet on each side and to the rear of the center of the hydrant except where hydrants are placed on streets having sidewalks less than five feet in width where the clear distance to the rear will be correspondingly limited.

The unobstructed distance on roadway in front of fire hydrant shall be not less than 15 feet on each side of the center of the hydrant, which clear width shall extend to the unobstructed portion of the roadway.

Property owners shall, within 10 days after receiving notice so to do, remove any post, tree or other obstacle in violation of this regulation.

20.

Damages to Public Fire Hydrants and Other Property.

Where damage to a fire hydrant is done by any person having a permit and taking water from said hydrant for any purposes, the holder of the permit shall pay such damage and all costs and expenses that may be incurred by reason thereof to the Borough of Phoenixville on demand.

Where damage to a fire hydrant or other property is done by a person not having a permit, he shall pay such damages and all costs and expenses that may be incurred by reason thereof to the Borough of Phoenixville on demand, and in case of failure to so pay, he shall be liable to arrest and conviction.

21.

Street Valves. No person, except an employee of the Borough, shall open, close or in any way interfere with any valve in any water main or connect with any reservoir, standpipe, filter plant or pumping station.

22.

Installation of Meters.

All meters, except as otherwise expressly stated, shall strictly conform to the specifications set forth by the Borough Manager, shall be subject to his express prior approval and shall be furnished and installed at the expense of the consumer. If available in adequate supply, such meters may be purchased from the Borough at cost. All meters shall be installed by Borough personnel.

The size of the meter granted shall be in accordance with the estimated water consumption. If ability to furnish larger quantities of water in short periods of time is desired, then the size of the meter will be correspondingly increased, provided that the owner pays the cost of the larger over the small meter, as determined by the Borough. Where more than one connection is allowed for a separate lot or property, the property owner shall pay for such additional meter or meters.

The property owner shall bear the entire expense of the meter setting and shall provide a suitable pit or space for the placing of the meter(s).

Meters shall be at all times easily accessible, so that they may be examined and read by employees of the Borough and must not be exposed to danger from frost or hot water. In the event there is no response within 10 days, the Borough will post the property for immediate shutoff until access to the meter is provided.

The Borough shall have complete control over the placing of meters and shall determine their definite location before they are set. Where the front of the building stands on the street property line, the meter will generally be placed just inside the front cellar wall. The service pipe between its entrance through the front wall of the building and the meter shall be exposed to view and have no fittings such as tees or crosses that will permit a connection with a service line. Where the front of the building stands back of the street property line, the meter shall be placed in a pit, either on the sidewalk or just inside the property line.

Meter pits shall be constructed of concrete or other masonry and covered with a steel, iron or reinforced concrete cover of sufficient strength to withstand the traffic over the same. A hinged steel door shall be placed in the pit cover over the meter for easy access for the removal and reading of the meter. All meter pits shall be drained to keep them free from water, and the property owner shall keep all foreign material out of the pit. The covers and doors of meter pits shall be of sufficient strength as determined by the Borough standards.

Meter boxes for small sizes of meters may be used when approved by the Borough.

All meters will be sealed by the Borough, and no one except an authorized employee of the Borough shall break or injure such seals or shall change the location of, alter or interfere in any way with the meter.

23.

Auxiliary Meters Not to Be Provided or Maintained by the Borough. The supply of water through each separate metered service must be recorded by one meter only, for which only one account will be rendered by the Borough. If additional or auxiliary meters are desired for recording the subdivisions of such supply, the following applies:

Be approved by both the Water Distribution Superintendent and Director of Public Works.

Be furnished and set by the owner or consumer at their expense.

Owner must assume all responsibility of reading and maintaining the auxiliary meter.

24.

Total Metered Consumption to Be Additive. In cases where more than one meter is necessary to record the total consumption of that industry, the meter readings of the separate meters shall be added together and the cost of water consumed shall be based on this total, the same as though it had been recorded on one master meter.

25.

Property Owners Responsible for Meters. If meters owned by the Borough should be damaged by reason of freezing, hot water or causes other than ordinary wear and tear or if meters are stolen or are destroyed by fire or other causes, the property owner must pay for such damages or loss. The cost of ordinary maintenance and repairs to all but auxiliary meters will be borne by the Borough.

26.

Testing of Meters. At the written request of the owner or customer at any premises, the Borough will test the meter supplying his premises. Before the meter is disconnected, the owner or consumer shall pay the Borough the charges established in accordance with the Borough of Phoenixville Master Schedule of Fees and the Borough's cost for having the meter tested. The meter test will be in conformance with standards and limits established by the American Water Works Association (AWWA). Charges and cost will be returned to the owner or consumer, whichever paid them, if the meter is found to be registered more than 3% against the consumer; otherwise, the payment for said charges and costs will be retained by the Borough. The result of any such meter test will be reported to the owner or consumer, whichever requested the test.

27.

Charge for Removing and Resetting Meters.

In addition to the Borough's cost for having the meter tested, a removal charge and a resetting charge shall be paid by the owner of or consumer at the premises before any meter serving the premises is disconnected and/or removed. Both these charges shall be in accordance with the Borough of Phoenixville Master Schedule of Fees.

Where a meter is to be removed and/or reset in locations not having standard setting or fittings or which do not conform to the requirements of this Code, the work, at the Borough's option, shall be done by the owner of the premises, at the owner's expense, under the supervision and subject to the approval of the Borough.

28.

Property Owner or Consumer to Notify Borough in Case of Breakage or Stoppage of Meter. In case of breakage, stoppage or any other irregularity in the meter, the owner or consumer is to notify the Borough, in writing, immediately and any necessary repairs will be made by the Borough as herein provided.

29.

No Allowance to Be Made for Leaks or Waste on Metered Consumption. All water passing through a meter shall be charged for at the regular rate, and no allowance will be made for excessive consumption due to leaks or waste.

30.

Estimated Meter Bills. If the testing of a meter shows that it fails to register correctly, the charge to the consumer for water may be made upon the basis of any previous or subsequent consumption, which may appear to the Borough Manager to be an equitable adjustment of the probable quantity of water consumed.

31.

When Bills will Be Forwarded to Other Address than Premises Supplied. Written notice must be given by the owner or authorized agent if it is desired that bills be forwarded to any other address than the premises supplied.

32.

Fire Suppression Systems. The fire suppression system shall have its own connection to the potable water main and water shall only be use for the fire suppression system.

33.

Property Owners to Conform to Regulations. Upon notice, in writing, left upon any premises supplied with water, it shall be the duty of the property owner to immediately install pipes and appurtenances and otherwise comply with any and all of the foregoing provisions of this Part within the specified time limit of within 20 days from the date of the notice where no time limit is specifically stated in this Part.

34.

Refusal to Service Customers. The Water Department of the Borough of Phoenixville may decline to serve a customer for the following reasons:

Noncompliance with the Rules and Regulations. The Water Department may decline to serve a customer until the customer complies with Water Department regulations governing water service.

Inadequate Facilities of the Water Department. The Water Department may decline to serve a customer if the Borough does not have adequate facilities to provide the water utility service or if such service is of a character that is likely to have a detrimental effect upon service to other customers.

Inadequate Facilities of the Consumer. The Borough of Phoenixville may refuse to serve or continue to serve a customer if, in the judgment of the Water Department, the installation of the customers piping can reasonably be regarded as hazardous or of such character that satisfactory service cannot be given.

35.

Consumers Not Allowed to Furnish Water. No consumer, excepting with the written consent of the Borough Manager previously obtained, will be allowed to furnish water to other persons or to suffer such other persons to take it themselves.

36.

Resale of Water from Borough System. No person shall purchase water from the Borough and resell the same in any manner except as follows:

This shall not apply to the resale of water as a component of a manufactured product.

Resale of water for transportation by tank vehicle shall be only in accordance with the following terms:

(1)

Any person purchasing nonpotable water from the Borough for resale by transportation by tank vehicle shall first obtain approval from the Superintendent of the Water Department and shall, unless notified by the Superintendent of the Water Department that this service is terminated, be valid from year to year. The Borough shall have no responsibility for the manner in which nonpotable water sold under the terms of this subsection is handled or transported, and the licensee under each such license shall release and save harmless the Borough from any claims for injury or damage on account of the character or quality of the nonpotable water furnished by licensee.

(2)

All water sold in the manner set forth above shall be from the Borough Water Treatment Plant or metered through a separate meter which shall be purchased and installed by the owner.

(3)

All water measured by the meter required above shall be paid for in accordance with the Borough of Phoenixville Master Schedule of Fees.