Borough of Masontown, PA Chapter 141 Water

[HISTORY: Adopted by the Borough Council of the Borough of Masontown: Art I, 12-28-1970 by Ord. No. 246, approved 12-28-1970; Art. II, 2-14-1978 by Ord. No. 263, approved 2-14-1978. Other amendments noted where applicable.]

Article I Rates

[Adopted 12-28-1970 by Ord. No. 246, approved 12-28-1970]

§ 141-1 Schedule of charges.

[Amended 12-10-1973, approved 12-10-1973; 1-20-1983, approved 1-20-1983; 1-1-1984, approved 1-3-1984; 6-9-1987 by Ord. No. 1987-1, approved 6-9-1987; 8-10-2021, approved 8-10-2021]

A. The rate charged for all water furnished, supplied, or sold by the Borough of Masontown to any person, firm or corporation for any purpose whatsoever shall be as adopted by regulation by the Borough from time to time.

B. The Borough shall bill its customers monthly for water service, at the following rates. Water rates shall be comprised of an availability of service charge and a volume charge. The availability of service charge recovers various fixed costs of providing service, and increases based on the water meter size (in equivalent meter units) and will be billed regardless of water volume used. The availability and volume charges are billed monthly. Water availability rates are based on the water meter size, converted into equivalent meter units, multiplied by the base charges. The volume charge is a flat rate based on 5,000 gallons.

Availability of Service Schedule
Size of Connection (Inches)	Base Rate	EMU	Availability of Service Charge
Up to 3/4	$15	1	$15
1	$15	2.5	$37.50
1 1/2	$15	5	$75
2	$15	8	$120
4	$15	25	$375
6	$15	50	$750
*Private Fire Service	$3.75	50	$187.50

*Fee assessed per annum

Monthly Water Rate Schedule
Water Availability of Service Charge	Base Charge x EMU of Water Meter
Water Availability of Service Base Charge	$15
Water Volume Charge (5,000 gallons)	$22.50 per 5,000 gallons

§ 141-2 Minimum charge.

[Amended 12-10-1973, approved 12-10-1973; 6-9-1987 by Ord. No. 1987-1, approved 6-9-1987; 8-10-2021, approved 8-10-2021]

The minimum rent or charge in any calendar month for water furnished, supplied or sold by the Borough of Masontown to any person, firm or corporation for any purpose whatsoever shall be as fixed by regulation adopted by the Borough from time to time. Said rate shall be comprised of an availability of service charge and a volume charge.

§ 141-3 Payment of charges; late penalty.

[Amended 5-22-2018; approved 5-22-2018; 8-27-2019, approved 8-27-2019]

A. All moneys for water supplied, furnished or sold by the Borough of Masontown to any person, firm or corporation for any purpose as hereinbefore described and set forth, including the cost of any shutoff valve and curb box and any labor, shall be billed to the property owner and become due and payable to the Borough of Masontown within 19 days of the month next succeeding that during which said water was so supplied, furnished or sold.

B. All water bills, including the cost of any shutoff valve and curb box and any labor, must be paid as they become due, provided that if said water bills are not paid when due, a penalty of 10% of the water bill shall be added to the then-delinquent water bill.

§ 141-4 Conflicting rates and schedules repealed.

All rates, charges or schedule of rates and/or charges for water furnished, supplied or sold by the Borough of Masontown to any person, firm or corporation for any ordinary, domestic, residential, commercial or any other purpose whatsoever, inconsistent with the provisions contained in this article, are hereby repealed.

Article II Connections and Meters

[Adopted 2-14-1978 by Ord. No. 263, approved 2-14-1978]

§ 141-5 Definitions.

[Amended 12-28-1993, approved 12-28-1993]

As used in this article, the following terms shall have the meanings indicated:

BACK-PRESSURE

A condition that occurs whenever an elevated pressure exists between the potable and nonpotable water source.

[Added 8-10-2021, approved 8-10-2021]

BACK-SIPHONAGE

A condition that occurs whenever there is a low pressure between the potable and nonpotable water supply piping that results in a partial vacuum being drawn on the nonpotable system and siphons the pollutants or contaminants into the potable water system.

[Added 8-10-2021, approved 8-10-2021]

BOROUGH

The Borough of Masontown, Fayette County, Pennsylvania.

CONSUMER

Any natural person, company, business, association, firm, corporation or municipal subdivision.

CROSS CONNECTION

Any actual or potential connection between the public water supply and a source of contamination or pollution.

[Added 8-10-2021, approved 8-10-2021]

PROPERTY OWNER

The legal title holder, as evidenced by the records in the office of the Recorder of Deeds in Fayette County, Pennsylvania.

WATER CONNECTION

Any tap or connection of any nature whatsoever made into the water system of the Borough.

§ 141-6 Meters.

[Amended 9-25-1984, approved 9-25-1984; 3-27-1990; 12-28-1993; 7-24-2018]

A. All structures, dwellings, buildings or premises of whatsoever kind or description, as well as all factories, mines and coke ovens, to which water is supplied by the Borough shall be equipped with remote-read water meters as follows:

(1) One water meter per each supplied consumer.

(2) Any new structure being erected in the Borough for which a water meter is necessary shall have installed a remote-read water meter.

(3) In the event that any existing water meter within the Borough shall be replaced, it shall be replaced with a remote-read water meter.

(4) Effective the first day of January 1994, any and all existing water meters within the Borough shall be replaced with remote-read water meters.

B. The prevailing cost of the shutoff valve and curb box is to be borne by the property owner, and said shutoff valve and curb box are to be purchased from the Borough. The prevailing cost of the water meter and meter pit shall be borne by the Borough, and said water meter shall be provided by the Borough.

[Amended 4-9-2019, approved 4-9-2019]

C. No consumer shall alter, bypass, or render inoperative any backflow device approved and installed under these regulations.

[Added 8-10-2021, approved 8-10-2021[1]]

[1] Editor's Note: This ordinance also redesignated former Subsections C and D as Subsections D and E, respectively.

D. The replacement or repair cost of all shutoff valves and curb boxes is to be borne by the property owner. The replacement or repair cost of all water meters and meter pits shall be borne by the Borough unless the consumer fails to properly protect the water meter and meter pit from any and all damage thereto. Should it be necessary to replace any water meter in the Borough, the minimum size thereof shall be 5/8 inch, and it shall be a remote-read water meter.

[Amended 4-9-2019, approved 4-9-2019]

E. As long as water is supplied by the Borough to any premises, the proper officials of the Borough of Masontown shall at all reasonable times have free access to the meters or service pipes to inspect, test, read, repair, remove or replace the same, whether or not the owner/occupant of the premises/building is a water user, and such access shall not be impeded in any manner. Failure to provide such free access shall be cause for termination of service until suitable access is provided as well as any other penalty specified in § 141-13 of this article.

[Amended 8-10-2021, approved 8-10-2021]

§ 141-7 Waterlines.

A. All waterlines that are laid from the curb box to the water meter shall be of Type K copper-type material or high-density polyethylene pipe (HDPE), PE4710 (SDR 11, 200 PSI or better) and shall be of the minimum size of 3/4 inch. The minimum depth for laying outside lines shall be 36 inches. Type K copper shall be used at least three feet beyond the meter pit.

[Amended 4-9-2019, approved 4-9-2019; 8-10-2021, approved 8-10-2021]

(1) The use of high-density polyethylene water service pipe shall be governed by the following specifications:

(a) NSF approved for drinking water.

(b) Meets NSF-14 Standard.

(c) Complies with NSF/ANSI 61 for Health Effect.

(d) Use insert fittings for connections.

(e) High-performance PE4710 material.

(f) ASTM D2239 SIDR 7, SDR 9.

B. Any and all future repair costs necessary to maintain waterlines from the curb box to the water meter shall be borne by the property owner.

C. The expense of the laying of any new public waterline or the extension of any existing waterline shall be borne by the abutting property owners on a front-foot basis. The Borough reserves the right to waive the above assessment as to any property owner who, at the time of any extension, is currently connected to the existing water system and who shall not receive any actual or potential benefits from the extension of the existing waterline.

[Added 1-26-1982, approved 1-26-1982; amended 6-9-1987 by Ord. No. 1987-1, approved 6-9-1987]

D. The consumer shall maintain all service pipes free from leaks at all times. Whenever a leak appears in a consumer's installation, which allows water to escape without registering upon the meter, the Borough shall give the consumer written notice thereof, and the consumer shall immediately proceed to repair such service pipe. If such repairs have not been completed within 72 hours after notice has been given, the Borough may stop the service by shutting off the water at the curb stop or by excavating to and closing or by the corporation stop. The costs incurred by the Borough for excavating and shutting off such service shall be paid by the consumer or by the owner of the property before service is restored. If, in the determination of the Borough, any leak on the consumer's installation is of such nature that endangers public safety or constitutes a nuisance or a source of waste, the Borough may shut off or stop such service until such leak is repaired.

[Added 4-9-2019, approved 4-9-2019]

E. A suitable pressure-reducing valve shall be installed on all new services in accordance with the International Plumbing Code (Water pressure > 80 psi). PRV shall be owned and maintained by the property owner.

[Added 4-9-2019, approved 4-9-2019]

§ 141-8 Water connections.

[Amended 6-26-1979, approved 6-27-1979; 5-28-2002, approved 5-28-2002; 8-27-2019, approved 8-27-2019; 8-10-2021, approved 8-10-2021]

A. Every owner of property in the Borough of Masontown service area whose property abuts upon any public water line presently in existence or to be constructed in the future shall connect, at his own cost, the house, building or other structures located on said property with the aforementioned public water line for the purpose of providing public water service to the property.

B. All such applications shall be referred to the Borough, and the construction of such connection shall be in accordance with the regulations of the Borough and shall be approved by the Borough before construction or installation thereof.

C. The minimum size for any new tap shall be 3/4 inch.

D. Fees.

(1) At the time the application is filed, there shall be deposited with the Borough Clerk a service fee, in accordance with the following fee schedule, with each application requesting connection to the Borough water system:

Tap Fee Schedule
Size of Water Connection (Inches)	Tap Fee
Up to 3/4	$1,250
1	$1,500
1 1/5	$1,750
2	$2,000
4	$2,250
6	$2,500
Private Fire Service	$250

(2) The service fee for all connections larger than six inches shall be determined at the time of the filing of the application for the same.

E. The cost of such connection shall be borne solely by the property owner requesting the connection to the Borough water system, and all connections are to be made by Borough employees.

F. No connections or taps shall be permitted on such lines other than those requested for and approved in the original application.

G. Service and rates for water[1] shall be governed by the rules and regulations of the Borough now in effect or hereinafter adopted.

[1] Editor's Note: See Art. I of this chapter.

H. Service for the sole use of water user: The standard water service connection is for the sole use of the water user and does not permit the extension of pipes to transfer water from one property to any other customer. No water user or owner or custodian of property served by the Borough shall extend or permit the extension of pipes for the purpose of transferring water from one property to another, nor will he/she share, resell, or submeter to any other consumer. Each meter service shall supply water to only one residence or business establishment located on land within the Borough, except as provided herein. If a specific situation should make such an arrangement advisable, it shall be done only on the specific written permission of the Borough. No more than one residence shall be served by one water service connection. A farm containing one residence and other buildings for use in the farming operation shall be considered as one residence, and the water user may use water from one meter for all such buildings.

I. Meter location: Unless otherwise agreed upon in writing, meters shall be located at the property line to the water user's land. When it is impractical to install the meter box at the property line, as determined by the Borough, the water meter may be installed elsewhere on the property to be served, provided it is protected from damage and freezing, and is readily accessible to the Borough. Alternate locations are at the sole discretion of the Borough. If a meter becomes inaccessible, in the opinion of the Borough, the customer must make provisions, at the customer's expense, for its relocation. Regardless of its location, the customer shall be responsible for damage to the meter, or its appurtenances, caused by the customer's negligence or failure to properly safeguard and protect such meter and appurtenances from hazard.

(1) Further, no future connection to any line or lines served by any connection made hereunder shall be made until a proper application therefor is filed with the Borough Clerk, together with the appropriate service fee, and all other provisions of this article are followed.

(2) All multiunit structures of any kind shall be calculated on a per-unit basis and billed to the owner of the property.

J. If a connection, or connections, is desired to serve new construction, such connection, or connections, shall be made at the time of initial excavation.

§ 141-9 Cross Connection Control Program.

[Added 8-10-2021, approved 8-10-2021[1]]

A. In accordance with Title 25, Pa. Code Chapter 109 (Safe Drinking Water) the Borough shall maintain a Cross Connection Control Program.

B. No person may introduce contaminants into a public water supply through a service connection of a public water system.

C. It shall be the responsibility of the customer to eliminate cross connections or provide backflow devices to prevent contamination of the distribution system from both back-siphonage and back-pressure. Individual backflow preventers shall be acceptable to the Borough.

D. In accordance with USEPA and PADEP regulations, all water meters provided by the Borough to residential customers shall provide a dual check valve and be installed in accordance with the Water Service Connection Detail, WS1, Detail 1. The property owner shall install a thermal expansion tank in accordance with the International Plumbing Code to eliminate increased pressure to the water distribution piping.

E. The one-time cost of the dual check valve to all residential customers shall be $1 and will serve to transfer ownership of the dual check valve to the residential customer who will be responsible for the maintenance and testing of the dual check valve. (This transfer of ownership will provide the residential customer with compliance to the Borough Cross Connection Control Plan.)

F. Should the customer fail to comply with Subsection C within a reasonable time, not to exceed 90 days, the Borough shall discontinue service after reasonable notice has been made to the customer.

[1] Editor's Note: This ordinance also renumbered former §§ 141-9 through 141-12 as §§ 141-10 through 141-13, respectively.

§ 141-10 Security deposit.

[Amended 8-11-1981, approved 8-12-1981; 1-1-1984, approved 1-3-1984; 9-12-1995, approved 9-12-1995]

A security deposit of $100 shall be paid by any and all new accounts. In the case of a homeowner/depositor, the water security deposit shall be returned after 12 consecutive nondelinquent payments. In the case of a renter or tenant/depositor, the security deposit shall be returned when the subject premises are vacated, provided that said account is current and nondelinquent. Should any depositor vacate the premises prior to the lapse of said 12 consecutive nondelinquent payments and said depositor's account is paid in full, said security deposit shall be returned to the depositor.

§ 141-11 Delinquent accounts.

A. All water accounts showing a delinquency of two months, at the prevailing rates, must be paid within 10 days from receipt of notification of delinquency or service will be discontinued. Further, any consumer who has voluntarily terminated service and who wishes to have service restored shall also be charged a fee of $10 for the restoration of service.

[Amended 8-11-1981, approved 8-12-1981]

B. For the purpose of this section specifically and this article generally, should it become necessary to discontinue water service to any user, which discontinuance interrupts service to other users on the same meter, it shall be the responsibility of the owner of the building or structure served to pay or cause to be paid the amount of the delinquency so that service may be restored.

[Amended 11-24-1981, approved 11-25-1981]

§ 141-12 New-user notification.

[Added 11-24-1981, approved 11-25-1981; amended 6-9-1987 by Ord. No. 1987-1, approved 6-9-1987]

In the event that a building or structure is receiving water service for the use of existing tenants or occupants and additional tenants or occupants begin to use water from the Borough system, it shall be the responsibility of the owner of the building or structure served to notify the Borough office of the new user. Failure of the owner to so notify shall cause him, in addition to any other penalties contained in this article, to be responsible for the payment of all water charges due from the initial date of occupancy, together with any other charges or assessments. Bills for said water service shall be rendered in the manner and in the form to be prescribed by the Borough. All bills for water service shall be rendered to the owner or, after proper arrangements have been made, to the tenant of the premises to which the water services are furnished. However, the owner shall in all cases be ultimately liable for payment of such bills.

§ 141-13 Violations and penalties.

[Added 11-24-1981, approved 11-25-1981; amended 6-9-1987 by Ord. No. 1987-1, approved 6-9-1987]

Any person who shall violate any provision of this article shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default of payment of such fine and costs, by imprisonment in the county jail for a term of not more than 30 days; provided, however, that if the District Justice determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Justice deems to be just.