[HISTORY: Adopted by the Mayor and Town Council of the Borough of Chambersburg 6-27-2001 by Ord. No. 2001-12.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 292, Water, adopted 7-24-1991 by Ord. No. 91-6, as amended 1-10-2001 by Ord. No. 2001-3.
For the purpose of this chapter the following words and terms shall have the meanings ascribed to them:
BILLING PERIOD
The interval of time between two successive bills; under normal conditions it will be approximately 30 days.
BOROUGH
The Mayor and Town Council of the Borough of Chambersburg, commonly known as the "Borough of Chambersburg," and/or its duly authorized representatives acting on its behalf.
COMMERCIAL or INDUSTRIAL ESTABLISHMENT
A separate building, group of buildings or room or group of rooms on a parcel of land held in separate ownership wherein a commercial or industrial activity is carried on by any person. It shall not necessarily include an office room, or suite of rooms in a building, accommodating a number of separate offices, except that to the extent that such offices are set apart from each other and provided with separate toilet facilities for employees, each shall constitute a separate establishment. The determination of the Borough as to what constitutes a separate establishment shall be final.
DWELLING UNIT
A separate dwelling, apartment, room or group of rooms used for separate dwelling purposes and equipped for the preparation of food. In all cases the determination of the Borough as to what constitutes a separate dwelling unit shall be final.
PERSON
Any individual, firm, corporation, association or company.
UNIT
Ten cubic feet of water.
USER
Any person, as defined above, owning any property served with water from the water system of the Borough. The user may designate that any person occupying his property receive the bills for water service to that property.
A. 
All buildings within the Borough so situated that water service is available shall connect to the Borough water system.
B. 
Where such service is temporarily not available, the Water Department, in conjunction with the Plumbing Inspector, the Building Inspector and the Health Officer, shall design and enforce regulations consistent with state standards for on-site water systems.
The rates charged by the Borough of Chambersburg for water furnished by it to the public shall be those set forth hereinafter.
A. 
Usage, service and minimum charges, in amounts established by resolution of Town Council from time to time and set forth on the Borough's Master Fee Schedule, shall be made for water furnished for general use within the Borough to each separate dwelling unit or commercial or industrial establishment, as the same are hereinbefore defined, situated within the corporate limits of the Borough of Chambersburg.
[Amended 12-11-2017 by Ord. No. 2017-11; 12-10-2018 by Ord. No. 2018-16; 12-16-2019 by Ord. No. 2019-15; 11-22-2021 by Ord. No. 2021-12; 12-12-2022 by Ord. No. 2022-16; 12-11-2023 by Ord. No. 2023-25; 9-30-2024 by Ord. No. 2024-11]
B. 
The bill rendered to each user shall be the sum of the usage charge based upon metered water use and the applicable readiness-to-serve charge based upon the size of the water meter in use.
C. 
Bills for service rendered to separate parcels of land shall not be combined for the purpose of obtaining quantity rates.
D. 
Minimum charges. The minimum charges for water used within the Borough for ordinary domestic, commercial or industrial use shall be the readiness-to-serve charge, in an amount established by resolution of Town Council from time to time and set forth on the Borough's Master Fee Schedule, for each service connection, based upon the nominal size of the water meter serving the property. Where more than one separate dwelling unit or commercial or industrial establishment is served by a single meter, a separate charge at the rate established for a five-eighths-inch meter shall be made for each such dwelling unit or establishment; but the minimum charge for the property shall be not less than that determined by the size of the meter serving the property.
[Amended 9-30-2024 by Ord. No. 2024-11]
E. 
These minimum charges shall not apply to private fire service connections.
Any water service furnished to the public outside of the corporate limits of the Borough of Chambersburg shall be furnished under the rates, regulations and rules governing that service as set forth in the tariff as now and hereafter approved by the Pennsylvania Public Utility Commission of the Commonwealth of Pennsylvania.
A. 
No licensed master plumber shall, after the adoption of this chapter, install a water service line to a commercial or industrial establishment without an approved reduced-pressure-type backflow preventer. The backflow preventer must be installed in the water service line near the water meter. The type of backflow preventer and the location of the installation must be approved by the Borough's Plumbing Inspector prior to installation.
B. 
Any existing commercial or industrial establishments that are determined by the Borough's Plumbing Inspector to have the potential of a backflow of a liquid or substance into the Borough's potable water system that could cause contamination of the system must install a reduced-pressure-type backflow preventer in their existing water service line at a location approved by the Plumbing Inspector.
C. 
Failure to install a backflow preventer when required by the Borough's Plumbing Inspector will be cause for the immediate termination of the water service.
No person shall purchase water from the Borough and resell the same in any manner except as follows:
A. 
This § 292-7 shall not apply to the resale of water as a component of a manufactured product.
B. 
Resale of water for transportation by tank vehicle shall be only in accordance with the following terms:
(1) 
Any person purchasing 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 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 water furnished by licensee.
(2) 
All water sold in the manner set forth above shall be from the Borough Utility Service Center 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 schedule of rates as established by resolution of Town Council from time to time and set forth on the Borough's Master Fee Schedule.
[Amended 12-11-2017 by Ord. No. 2017-11; 12-10-2018 by Ord. No. 2018-16; 12-16-2019 by Ord. No. 2019-15; 11-22-2021 by Ord. No. 2021-12; 12-12-2022 by Ord. No. 2022-16; 12-11-2023 by Ord. No. 2023-25; 9-30-2024 by Ord. No. 2024-11]
C. 
The bill rendered to each user shall be the sum of the usage charge based upon metered water use and the applicable readiness-to-serve charge based upon the size of the water meter in use. No readiness-to-serve charge based on meter size will be charged for water purchased from the Borough Utilities Service Center.
D. 
Minimum charge. The minimum charge for water furnished from the Borough system for resale shall be the readiness-to-serve charge set forth above for each service connection, based upon the nominal size of the water meter used for this purpose.
A. 
Under such regulations as the Borough Water Department may establish, the Borough will furnish water to private fire protection systems within the Borough. This service shall be rendered through a separate connection, with suitable special meter, valves and detection devices, on condition that no water be supplied through such equipment for any purposes other than for firefighting purposes or for testing the equipment. No usage charge shall be made for water used under these conditions. The Borough shall assume no responsibility for the maintenance or upkeep or satisfactory operation of any fire protection equipment. For each such private fire protection service connection, a monthly charge shall be paid in accordance with the schedule of rates as established by resolution of Town Council from time to time and set forth on the Borough's Master Fee Schedule.
[Amended 9-30-2024 by Ord. No. 2024-11]
B. 
The size of any such connection shall be determined by the nominal diameter of the pipe serving the fire protection system from the water main of the Borough.
C. 
At premises where, at the time of the adoption of this chapter, more than one water service connection was installed, and which were available for fire-fighting use and for general use, the Water Department may determine, for billing purposes, which such connection shall be considered a fire service connection and which a general service connection. Appropriate service charges shall be determined from the total metered use of water through all such connections. No combined fire service and general service connections shall hereafter be installed.
D. 
Private fire protection service furnished to the public outside of the corporate limits of the Borough of Chambersburg shall be furnished under the rates, regulations and rules governing that service as set forth in the tariff as now and hereafter approved by the Pennsylvania Public Utility Commission of the Commonwealth of Pennsylvania.
Any water service furnished to the public outside of the corporate limits of the Borough of Chambersburg shall be furnished under the rates, regulations and rules governing that service as set forth in the tariff as now and hereafter approved by the Pennsylvania Public Utility Commission of the Commonwealth of Pennsylvania.
A. 
In accordance with the terms of the permit issued to the Borough by the Commonwealth of Pennsylvania providing for a supply of water to the Borough, the Borough shall have the authority, in the event of any emergency effecting the adequacy of the supply of water to the domestic users of the Borough water system or the fire-fighting capacity of the system, either actual or imminent, to require any or all users to curtail or discontinue the use of water, and such curtailment or discontinuance shall remain in effect for the duration of such emergency. Verbal or other notice by the Borough to the user or his agent, or public advertisement in a newspaper circulated locally, shall be deemed to be sufficient for the purposes of this chapter.
B. 
Any such curtailment may apply to all use of water for car washing, lawn and garden sprinkling and, if the degree of the emergency shall warrant, include any or all uses.
Temporary and special water service connections may be made under terms established by the Water Department, not inconsistent herewith, subject in each case, upon appeal, to review by the Town Council.
A. 
Ownership of facilities and responsibility therefore. Upon the request of the owner of any property within the corporate limits of the Borough abutting upon a street wherein a water main exists or reasonably adjacent thereto, or upon the approval of a request for service under the terms of § 292-9 thereof, the Borough will make a connection to the main for said owner at his expense.
(1) 
All piping from the water main to the property served, including the curb stop and the meter setting, shall be installed for the owner at his expense by a plumber licensed by the Borough of Chambersburg, and the section of the service line from the curb stop to the property served shall remain the property of the owner and shall be maintained by the owner. If the owner will not make repairs to this section of the service line as required, the Borough will make the necessary repairs and bill all costs incurred to the owner.
(2) 
The Borough shall maintain the service line between the water main and the curb stop. A water meter shall be installed in such piping, located in a suitable protective pit directly opposite the point at which the connection is made to the main, or the meter can be located inside the building, if the meter is equipped with an outside remote reading device which conforms to Borough standards. Each new water meter shall be furnished by the Borough at the expense of the property owner, and the Borough will credit the property owner the amount equivalent to the cost of a plain standard five-eighths-inch by three-fourths-inch water meter.
(3) 
The Borough shall have the right to remove any such water meter for testing or for maintenance and may furnish in its place another meter substantially the equal thereto as the need for such replacement may occur, without incurring liability therefor to the owner.
(4) 
The Borough shall inspect, test, adjust, maintain and/or replace such meters at its own expense, except that any meter damaged in service through the negligent act or omission of the property owner or his tenant or agent shall be repaired or replaced by the Borough at the expense of the property owner. Meter damage resulting from freezing or backflow of hot water shall be considered to be the result of negligence on the part of the owner or tenant.
(5) 
Where water meters are presently installed inside buildings, the Borough may at its option, require the installation of a meter with an approved outside remote reading device. In such cases the Borough will contribute an amount equal to the cost of necessary materials and all of the labor expense incurred by the installation.
B. 
Violations. The violation of any of the provisions of these rates or regulations of the Water Department shall be cause for the termination of water service to the property or persons in violation.
[Amended 2-26-2018 by Ord. No. 2018-04]
Terms and conditions of service, including, but not limited to: establishing service, billing for service, interest and penalties, payment requirements, and termination of service shall be in accordance with the Utility Service Manual, as may be revised from time to time by the Mayor and Town Council, and shall be available for public inspection at the Utility Offices at Borough Hall, the Utilities Service Center at 80 South Franklin Street, and online at www.chambersburgpa.gov.
[Amended 2-26-2018 by Ord. No. 2018-04]
A. 
Where, as a result of equipment malfunction, estimated billing, billing error, or other circumstances, water service is rendered, but not billed, the unbilled water service may be retroactively charged to the customer, provided that the services at issue were rendered within the last three years. The charges for service shall be determined in accordance with the Utility Service Manual adopted by Town Council from time to time.
B. 
Town Council shall have the right to establish, from time to time, by resolution, rules, regulations, provisions, terms or standards under which water service shall be rendered, which shall be supplemental to the standards set forth in the Utility Service Manual.
The rates established by this chapter shall become effective with all water service bills rendered on or after July 1, 2001.