The Township of Washington designates the Washington Township Municipal
Authority as the exclusive entity for the construction and operation of any
water system in the Township of Washington. This designation shall not be
altered, amended or repealed by any other ordinance, so long as and while
there is any outstanding public debt issued by the Authority for the purpose
of construction, renovation or repair of lines and facilities to provide public
water in Washington Township.
[1]
Editor's Note: Former § 129-4, Use of public water system
required; failure to connect, was repealed 12-12-2002 by Ord. No. 2002-5.
Per said ordinance, the repeal shall not apply to Township residents whose
sewer effluent would flow to the Bally Treatment Plant.
A.
No person shall uncover, connect with, make any opening
into, use, alter or disturb, in any manner, any main Authority service line,
customer service line, meter or any part of the water system, without first
obtaining a permit, in writing, from the Authority.
B.
Application for a permit required under Subsection A hereof shall be made by the owner of the improved property to be served, or by a duly authorized agent of such owner, or by the person served with notice as provided in § 129-4A hereof.
C.
No person shall make or shall cause to be made a connection
of any improved property to an Authority service line or customer service
line, until such person fulfills each of the following conditions:
(1)
Notifies the Authority of the desire and intention to
connect such improved property to a main.
(2)
Completes the Authority's application for water
service form. Upon approval by the Authority, this application shall constitute
the contract between the Authority and the customer. Where any connection
charges or other charges in relation to the initiation of service are required,
the contract shall become effective only upon payment of such charges.
(3)
Makes separate application for each premises, where service
is desired at more than one premises, except where multiple premises utilize
a single service line.
(4)
Gives the Authority at least 72 hours' notice before
such connection will be made in order that the Authority may supervise and
inspect or may cause to be supervised and inspected the work of connection
and necessary testing.
(5)
Furnishes satisfactory evidence to Washington Township
that any tapping fee and permit costs which may be charged and imposed by
the Authority against the owner of each improved property who connects such
improved property to a main has been paid. A building permit will not be issued
by Washington Township in the absence of proof of payment of the requisite
Authority fees and charges.
D.
A new application must be made upon any change in ownership
of a property. Similarly, a customer moving from one premises to another within
the Authority's system must make a new application for service.
E.
Any applicant desiring service intended to supplement
a source of supply other than the Authority's shall state so on the application
form.
F.
The contract for water service shall be terminated as
of the date stipulated in a written notice by the customer for the vacation
of the premises. The Authority may terminate the contract for violation of
these rules and regulations or for the nonpayment of charges for service when
due.
G.
Except as otherwise provided in this Subsection G, each improved property shall be connected separately and independently with a main through an Authority service line. Groupings of more than one improved property on one Authority service line shall not be permitted, except under special circumstances and for good cause shown, but then only after special permission of the Authority, in writing, shall have been secured, and only subject to such rules, regulations and conditions as may be prescribed by the Authority.
H.
All costs and expenses of construction of a customer
service line and all costs and expenses of connection of an Authority service
line to a main shall be borne by the owner of the improved property to be
connected, and such owner shall indemnify and shall save harmless Washington
Township and the Authority from all loss or damage that may be occasioned
directly or indirectly as a result of construction of a customer service line
or of connection of an Authority service line to a main.
I.
The Authority service line shall be connected to a main
at the place designated by the Authority, and where, if applicable, the curb
stop is provided.
J.
If the owner of any improved property located within
Washington Township and abutting upon the water system, and not subject to
the exception provided for in § 129-4A hereof, shall, after 90 days'
notice from Washington Township, in accordance with § 129-4B hereof,
fail to connect such improved property, Washington Township, or the Authority
on its behalf, may construct such connection and collect from such owner the
costs and expenses thereof in any manner permitted by law.
The Water Inspector or his authorized agent shall have access at all
reasonable hours of the day to all parts of the premises to which water service
is supplied to make necessary inspections.
A.
The Authority shall appoint a Municipal Authority Water
Inspector who shall have the powers, duties and qualifications prescribed
by this part or otherwise prescribed by the Authority. The duties of the Municipal
Authority Water Inspector shall include but shall not be limited to the following:
(1)
The Inspector shall make any required inspections and
supervise any tests necessary to ensure that all provisions of this part and
the Authority's regulations are being faithfully complied with and shall
remove or correct, or shall order the removal or correction of, any work or
materials that are faulty and/or not approved.
(2)
The Inspector shall observe and prevent, whenever possible,
any infraction of the Authority's regulations and any and all federal,
state and Township regulations applicable to the inhabitants of the geographical
area served by the Authority.
(3)
The Municipal Authority Water Inspector shall, upon properly
identifying himself, be given access to any structure or area in order to
fulfill his/her duty to make inspections to determine whether any connection
is adequate, faulty, improperly used, neglected or abandoned or whether any
unlawful repair, alteration, installation or addition has been made thereto.
Such inspections shall be made at times reasonably convenient to the occupants.
(4)
When an investigation reveals any condition that is or
may be inadequate, violative of the Authority's regulations or dangerous
to life or health, the Inspector shall issue an order to the owner of the
property wherein such condition exists to take such action as may be necessary
and adequate to correct and completely abate and remove the unlawful or objectionable
condition. The order shall be in writing. A copy shall be sent to or served
on the owner, and shall state the nature of the correction ordered. The condition
shall be abated or corrected by the owner within the time stated in the order.
B.
The Inspector shall have the right to enter the premises
of any user at any time during operations to determine whether the user is
complying with all requirements of this part and any water service permit
or order issued thereunder. Users shall allow the Inspector ready access to
all parts of the premises for the purposes of inspection, records examination
and copying and the performance of any additional duties.
(1)
Where a user has security measures in force which require
proper identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that, upon presentation
of suitable identification, the Inspector will be permitted to enter without
delay for the purposes of performing specific responsibilities.
(2)
The Inspector shall have the right to set up on the user's
property or require installation of such devices as are necessary to conduct
metering of the user's operations.
(3)
Any temporary or permanent obstruction to safe and easy
access to the facility to be inspected shall be promptly removed by the user
at the written or verbal request of the Inspector and shall not be replaced.
The costs of clearing such access shall be borne by the user.
(4)
Unreasonable delays in allowing the Inspector access
to the user's premises shall be a violation of this part.
C.
If the Inspector has been refused access to a building,
structure or property or any part thereof and is able to demonstrate probable
cause to believe that there may be a violation of these regulations or that
there is a need to inspect as part of a routine inspection by the Authority
designed to verify compliance with this regulation or any permit or order
issued hereunder or to protect the overall public health, safety and welfare
of the community, then the Inspector may seek issuance of a search warrant
from the appropriate commonwealth official authorized to issue a search warrant.
Probable cause shall exist where:
(1)
The Inspector has been refused access to the property,
building, premises, place, book, record, log or physical evidence or has been
prevented form conducting tests;
(2)
The testing, inspection or examination is authorized
and required by this part or the Authority's regulations and/or any other
applicable law; and/or
(3)
The Inspector has reason to believe that a violation
of this part or the Authority's regulations has or will occur giving
rise to the necessity for such inspection, test or examination.
The Township, upon receipt of any land development or subdivision plan,
shall cause copies thereof to be delivered to the Authority for its comments
and advises, and no determination as to any such plan shall be made until
receipt of such review; provided, however, that the Authority must submit
such comments to the Board of Supervisors within 60 days after delivery of
the plans to the Authority. If the Authority advises that public water service
is available to or required for the property in question, then the builder
or developer shall complete such application for service and pay such review
fees and submit such water plans as the Authority by regulation may require.
If the Authority advises that there is no reasonable likelihood of public
service to the property within the reasonably foreseeable future, and if the
developer does not otherwise desire to pay for connection to the public water
system, the Board of Supervisors shall thereafter proceed in accordance with
Township Zoning and Subdivision and Land Development Ordinances[1] and shall require on site water service. Notwithstanding the foregoing,
developers shall be encouraged to provide for connection to the public water
system wherever possible. No alternative water system shall be approved where
the cost of the same, by certified engineering estimate of the Authority Engineer,
exceeds the cost of connection to the public water system.
