[Adopted 9-27-1973 by Ord. No. 4-1973]
In any case where the Joint Authority has certified
to the Township that an owner or occupant of premises served by Western
Pennsylvania Water Company has neglected or failed to pay, for a period
of 30 days or more from the due date thereof, any rental, rate, or
charge for sewer, sewerage, or sewage treatment service imposed by
the Township and authorized by the Township to be collected by the
Washington-East Washington Joint Authority, said Water Company is
hereby authorized and required, at the request and direction of the
Township, when the Joint Authority shall have assigned its claim for
such service to the Township, to shut off the supply of water to such
premises until all such overdue rentals, rates, and charges, together
with any penalties and interest thereon, shutoff fees, restoration
fees, and estimated loss of water revenues for which the Township
may become responsible to pay to the said Water Company, shall be
paid by the owner or occupant of said premises.
In no case shall the water supply be shut off
to any premises until 10 days have elapsed after written notice of
an intention so to do has been mailed by the Joint Authority, acting
as agent for the Township, to the owner, occupant, or other person
liable for payment of the said rentals, rates, or charges, and, in
addition thereto, there has been posted by said Authority a written
notice of said intention at a main entrance to the premises.
If, during such ten-day period, the owner, occupant,
or other person liable for the payment of the rentals, rates, or charges
delivers to the Water Company a written statement, under oath or affirmation,
stating that he or she has a just defense to the claim, or to part
of it, for such rentals, rates, or charges, then the water supply
shall not be shut off until the claim has been judicially determined.
Such statement shall also contain a declaration under oath or affirmation
that such statement was not executed for the purpose of delay.
The Township shall pay to Western Pennsylvania
Water Company the sum of $10 to cover the water company's reasonable
additional clerical and other expenses incurred by it in shutting
off the water supply to each such premises. In addition, the Township
shall pay to said water company, upon its request therefor, the further
sum of $10 to cover the said water company's cost of restoring water
service to each such premises. In the event that more than one hour
is required for the shutoff or restoration of water service to any
such premises, the Township shall pay the actual cost thereof to the
Water Company based on time, material, transportation and other fixed
charges. In addition, the Township shall pay to said Water Company
the estimated loss of water revenues resulting from such shutoff based
upon the actual period of time during which the supply of water is
shut off in each instance. The aforesaid shutoff and restoration fees
and the stated loss of water revenues shall be collected by the Township
through the Joint Authority, as part of the charges and costs for
restoration of services from the owner, occupant, or other person
liable for the payment of the rentals, rates, and charges aforesaid,
before restoration of said water service.
For the purpose of collecting the aforesaid
fees, rentals, rates, charges, estimated loss of water revenues or
other costs incurred by the Township in carrying out the provisions
of this article, the Township does hereby authorize and designate
the Washington-East Washington Joint Authority to be its agent in
carrying out the provisions of this article. Furthermore, the Board
of Supervisors is hereby directed to enter into an agreement on behalf
of the Township with the Western Pennsylvania Water Company to carry
out the intent and purposes of this article, which agreement shall
be made subject to the approval of the Pennsylvania Public Utility
Commission.
In the event a dispute arises between the Western
Pennsylvania Water Company and the Township regarding the cost of
such services, the amount of such revenues lost, or regarding provisions
of any agreement between the Township and said Water Company, such
dispute shall be submitted by either the Township or said Water Company
to the Pennsylvania Public Utility Commission, whose decision, unless
reversed on appeal, shall be final.