[HISTORY: Adopted by the Borough Council by the Borough of
Bellefonte 12-18-1967 by Ord. No. 587 (Ch. 1042 of the 1979
Codified Ordinances); amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Council of the Borough and the Bellefonte Borough Authority,
acting through their properly authorized officers, agents or employees,
when and only when acting within the scope of the duties entrusted
to them.
Includes each person, group of persons, family, proprietorship,
partnership, association or corporation and means anyone to whom water
is supplied by the Borough, whether as owner or tenant, from whom
a separate application for water service is required.
Includes any person, firm, corporation or association having
an interest as owner, whether legal or equitable, sole or partial,
in any premises which is or is about to be supplied with water by
the Borough.
Each room, suite of rooms, building or buildings containing
separate kitchen and bath facilities and utilized as a single domicile
by a person, group of persons or a family.
All facilities of the Borough for the supplying of water
to the Borough's consumers.
The President and Secretary of the Bellefonte Borough Council
are hereby authorized and directed to execute, on behalf of the Borough
of Bellefonte, Articles of Incorporation for said Authority in the
form required by said Act, which Articles of Incorporation shall set
forth among other things:
A.Â
That the name of said Authority is "Bellefonte Borough Authority.
B.Â
That said Authority is formed under the Municipality Authorities
Act of 1945, approved May 2, 1945, P.L. 382, as amended.[1]
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June 19,
2001, P.L. 287, No. 22). See now the Municipality Authorities Act,
53 Pa.C.S.A. § 5601 et seq.
C.Â
That no other authority organized under said Act or under the Act
of June 28, 1935, P.L. 463, is in existence in and for the incorporating
municipality other than the Bellefonte Borough Authority heretofore
organized pursuant to creation by Borough Council on August 15, 1938,
amended 3-16-1966 by an unnumbered resolution; 4-4-1966 by Ord. No.
540; and 7-17-1967 by Ord. No. 577. Ordinance No. 975, adopted October
5, 1987, amended the Articles of Incorporation of the Authority.
D.Â
That the name of the incorporating municipality under the Authority
is the Borough of Bellefonte situated in Centre County, Pennsylvania.
E.Â
That there shall be seven members of the Board of the Authority.
All appointments are made by the Borough of Bellefonte's Borough
Council.
F.Â
That the Authority shall govern water service by the Manual of Rules
and Regulations adopted February 2004 and any modifications or changes
that occur and are adopted by the Authority thereafter.
The Borough Manager is hereby authorized to administer the operation
of the Water Department in such a manner as to ensure efficient and
economical operation thereof.
If an owner of any occupied house, building or structure in
the Borough neglects or refuses to comply with the provisions of this
chapter or the rules and regulations manual governing water service,
the Borough may perform or cause to be performed such work and labor
and furnish or cause to be furnished such material as may be necessary
to comply with the provisions of this chapter or the rules and regulations
manual, at the cost and expense of such owner or owners, together
with 10% additional thereof and all charges and expenses incidental
thereto, which sum shall be collected from such owner for the use
of the Borough as debts are by law collectible, or the Borough may,
by its proper officer, file a municipal claim or lien therefor against
such premises as provided by law. Such remedies shall be in addition
to any penalty thereof as provided by Borough resolution.
A.Â
Information and data on a user obtained from reports, questionnaires,
permit applications, permits, monitoring programs and inspections
shall be available to the public and governmental agencies without
restriction, unless the user specifically requests confidentiality
and is able to demonstrate to the satisfaction of the Borough that
the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets of
the user. All records relating to compliance with pretreatment standards
shall be made available to officials of the EPA or the approval authority
upon request.
B.Â
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public but shall be made
available upon written request to governmental agencies for uses related
to this chapter, the NPDES permit, the state disposal system permit
and/or the pretreatment programs; provided, however, that such portions
of a report shall be available for use by the state or any state agency
in judicial review or enforcement proceedings involving the person
furnishing the report. Wastewater constituents and characteristics
will not be recognized as confidential information.
C.Â
Information accepted by the Borough as confidential shall not be
transmitted to the general public by the Borough. The Borough may
provide such information to the United States Environmental Protection
Agency without notice, provided that said Agency maintains such information
in accordance with the procedures contained in 40 CFR, Subpart B,
Section 2.201 et seq. Such information may be provided to the Pennsylvania
Department of Environmental Protection without notice, provided that
said agency agrees in writing to abide by the procedures contained
in 40 CFR, Subpart B, Section 2.201 et seq.
In the event of a conflict between any of the provisions of
this chapter and a provision of any other ordinance, resolution, rule
or regulation of the Borough, the provision of this chapter shall
prevail.
A.Â
The Borough shall use every reasonable means to provide the consumer
with an adequate supply of portable water. The Borough shall not be
liable for a deficiency or in failure of the supply when occasioned
by the shutting off of water to make repairs, connections, additions
or betterments, or by an act of God, or from any other cause beyond
the control of the Borough, or for premises above the reservoir levels
or level.
B.Â
The Borough shall not be liable for any damages resulting from leaks,
broken pipe or any other cause occurring to or within any house or
building, and it is expressly stipulated by and between the Borough
and the consumer or owner that no claim shall be made against the
Borough on account of the bursting or breaking of any main or service
pipe or any attachment to the water system.
C.Â
The Borough reserves the right to restrict the supply of water or
the use thereof. In the case of scarcity of water or whenever such
action may be required for the public welfare, such restriction as
to use or suspension of service may include the use of hoses, sprinklers,
swimming pools and all uses not essential to public health and safety.
D.Â
The Borough makes no guarantee of service if such service is through
mains or service lines to the property served that are insufficient
in size.
