[HISTORY: Adopted by the Borough Council of the Borough of
Towanda 12-2-1991 by Ord. No. 8-1991. Amendments noted where applicable.]
A.
The Towanda Municipal Authority is given the power and authority
to operate the water system servicing the Borough of Towanda, and
the Authority is specifically authorized to set rates and set minimum
specifications and regulate the water system in the Borough.
B.
The rules and regulations of the Authority and amendments thereto
are incorporated into this chapter and shall be effective as to all
matters relating to operation of the water system and shall be binding
and enforceable through this chapter by reference.
[Amended 10-1-2012 by Ord. No. 2012-3]
[1]
Editor's Note: Original § 71-1, Definitions, which
preceded this section, was repealed 10-1-2012 by Ord. No. 2012-3.
A.
Service.
(1)
Service connections will be made and water service will be furnished
upon written application by the prospective consumer or his proper
agent, duly authorized in writing, on a form prepared by the Authority
for such purpose and after approval of such application by the Authority.
The application for service shall state the purposes for which water
will be used and such other appropriate information as shall be required
by the Authority.
(2)
Applications by tenants of rental properties shall be accompanied
by a refundable deposit in such amounts and under terms established
from time to time in the regulations of the Authority. Upon termination
of service, that part of the deposit not required for water bills
shall be refunded to the depositor.
B.
All consumers receiving water service upon the effective date of
the rules and regulations of the Authority by continuing to be thus
served shall be bound by the rules and regulations of the Authority
and this chapter and the water rates, rents and charges of the Authority
in effect, and which may be changed from time to time pursuant to
proper action by the Authority. With respect to future consumers,
the application of such consumers, by taking of water, agrees to be
bound by the rules and regulations of the Authority and this chapter
and the prevailing water rates, rents and charges of the Authority,
whether service is based upon contract, agreement, signed and accepted
applications or otherwise.
A.
All owners of any improved property benefited by the water system
and subject to connect as required by appropriate municipal codes
shall be required to connect their water fixtures to the water system
within 90 days of notice to connect; provided, however, that any owner
who shall have his own source of water existing prior to the effective
date of the rules and regulations of the Authority upon his premises
may, at the option of the Authority, continue to use such private
system, if such owner makes a written request to continue to use the
private water system and demonstrates to the satisfaction of the Authority
that the private water system is completely and physically separate
from the Authority's source of supply and agrees to any conditions
set by the Authority.
B.
No service line shall be laid in the same trench with a gas pipe,
drain or sewer pipe or any other facility of a public service company,
but must be laid in a separate trench not less than five feet from
any such facility.
C.
No service connection from the main to the curb box will be installed
by the Authority when street or highway openings are prohibited by
the Borough or when, in the judgment of the Authority, working conditions
are unreasonable for such installation.
D.
There shall be placed on the service line, immediately within the
wall of the structure to be served and so located as to drain all
of the pipes in the building, a stop- and waste cock easily accessible
to the occupants, for their protection, enabling them to turn off
water in case of leaks and to drain pipes to prevent freezing.
E.
Only persons properly authorized by the Authority shall be permitted
to make service line and service connection installations.
F.
All excavations made within street or road right-of-way lines shall
be made only after a permit has been issued by the Borough, and the
work of excavation and backfilling and replacement of pavement shall
be done in strict accordance with Borough specifications and subject
to Borough inspection and approval.
G.
All consumers shall keep and maintain their service lines, cocks
and apparatus in good repair and condition, shall protect the same
from frost and shall prevent all waste of water.
H.
All leaks in service lines from the curb box to, in and upon the
premises supplied with water shall be repaired promptly by the consumer
at his own expense. Upon failure of such consumer to make such repairs,
within a period of five days, or a reasonable time determined by the
Authority, the Authority, in its discretion, may discontinue water
service to such property, after which water service shall not be restored
until and after the consumer shall have completed the repairs and
paid to the Authority the full amount of all proper and necessary
expenses incurred by the Authority in discontinuing and again restoring
water service, which shall include charges in amounts established
by the Authority from time to time.
I.
The Authority shall not be responsible for maintenance of any service
line or any other line, pipe or fixture on the outlet side of the
curb box, nor shall the Authority be responsible for any damage resulting
from the escape of water from any service line or any pipe or fixture
on the outlet side of the curb box. The consumer at all times shall
comply with all state and municipal regulations relating to service
lines and any pipes and fixtures on the outlet side of the curb box,
and the Authority shall not be required to deliver water service thereto
unless so approved. The consumer, at his own expense, shall make any
and all changes to such service lines, pipes and fixtures which shall
be required or made necessary as a result of any change of grade,
relocation of mains or distribution lines or otherwise.
J.
No consumer shall direct, in any manner whatsoever, water being furnished
to such consumer to any other person, except with written permission
of the Authority first having been requested and granted.
K.
No person obtaining water from a private water supply under any circumstances
shall construct or maintain or cause or permit to be constructed or
maintained any connection directly or indirectly between such a private
water supply and the water system.
L.
A separate service connection and curb box shall be installed for
each consumer unit; provided, however, that if a building, house or
other structure contains two or more consumer units and the owner
or owners thereof shall so request, in writing, or the Authority shall
deem it advisable, the Authority, in its discretion, may install a
single service connection and box for such building, house or other
structure.
A.
After five days' notice, in writing, water service to any consumer
may be discontinued for any of the following reasons:
(1)
Misrepresentation of a substantial nature in the application for
service, including but not limited to misrepresentation as to the
property or fixtures to be supplied or the use to be made of the water
supplied.
(2)
Failure to make payment of a bill for water service within 30 days
after presentation.
(3)
Failure to properly maintain the connections, service lines and other
fixtures of the consumer or to protect the meter or connections, service
lines and other fixtures of the consumer from freezing and other damage.
(4)
Use of water for any property or purpose other than as stated in
the application for service.
(5)
Willful waste of water through improper or imperfect pipes, fixtures
or otherwise.
(6)
Tampering with or molesting any service connections, pipe, meter,
curb box, curb stop or seal, stopcock, valve seat, fire hydrant or
any other appliance operated by the Authority in the water supply
system.
(7)
Failure to pay any bill properly due the Authority.
(8)
Vacancy of any premises not reported to the Authority.
(9)
Violation of any of the rules and regulations of the Authority or
this chapter.
(10)
Violation of any resolution which has been or may be adopted
in the future by the Authority pertaining to the water system.
(11)
Refusal to permit access for inspection of water facilities
on the premises served or for setting, reading, testing and/or repairing
the meter.
B.
After discontinuance of water service for any of the reasons set forth in Subsection A above, water service shall not be restored until the violation has been corrected, all damage and loss to the Authority occasioned by such violation has been paid and proper assurance, satisfactory to the Authority, has been given that the expenses incurred by the Authority in discontinuing and restoring water service shall be paid by the consumer in advance of the reestablishment of water service, which include charges in the amounts established by the Authority from time to time.
C.
Water service may be discontinued to any premises upon written order
of the consumer; provided, however, that the basic minimum fee shall
be charged to the consumer, even though the premises shall be temporarily
unoccupied.
A.
All bills are due and payable when rendered and payment is required within 30 days from the date of the bill. As stated in § 318-4A, the Authority reserves the right to discontinue service upon five days' written notice whenever bills have not been paid within 30 days after presentation.
B.
All bills for the use of water are charged against the owner of the
premises served and the property where the water is used. Failure
to receive bills for water service repairs does not relieve the owner
from liability to pay. The burden is upon the owner of the property
to keep track of all unpaid water bills. All unpaid bills for water
service six months or more delinquent shall result in a lien against
said property in the amount of said unpaid bills, together with any
legal costs and filing fees related to said lien. The Authority also
has the option of filing suit with the Magisterial District Judge
for any unpaid bills.
C.
There shall be a $20 service charge imposed for all checks returned for insufficient funds or for a closed account or for any other reason. The Borough or the Authority may pursue criminal prosecution under 18 Pa.C.S.A. § 4105, Bad checks, or may treat the bill as unpaid and proceed as provided in Subsections A and B above whenever a bad check is received as payment of a bill.
D.
The Authority will, upon written notification of the property owner, mail bills for water service to a tenant and collect the same from the tenant; however, as stipulated in Subsection B above, the owner of the premises is responsible for any unpaid bill and is subject to all other rules and regulations of the Authority pertaining to the payment of said bill.
E.
All water passing through a meter or otherwise used by a consumer
shall be charged for in accordance with the schedule of rates, rents
and charges in effect at the time, and no allowance, unless approved
by the Authority, will be made for excessive consumption due to leaks
or waste.
A.
The Authority may cause an extension of the water system for reasons
of health, safety and welfare of citizens or for economic reasons
or for purposes of orderly community development or because of mandates
by state or federal regulating agencies or for other reasonable cause.
Costs of said extension shall be assessed, on a front-foot basis,
against each property benefited in accordance with the appropriate
municipal code.
B.
Assessments.
(1)
Front-foot assessments. The Authority, as stated in Subsection A above, may assess the costs of extension to the water system against the properties benefited in accordance with the appropriate Municipal Code.
(2)
Benefit assessments. In lieu of a front-foot assessment, a benefit
assessment may be imposed by the Authority upon the owners of irregular-shaped
properties with water main frontage, when it is determined that a
front-foot assessment would result in a payment inequitable to the
benefit derived from the water system.
C.
Whenever application is received by the Authority for water service
requiring an extension of or improvement of the water system to provide
such service, the Authority and/or its engineer shall first determine
the feasibility of said extension in terms of water system capacity
and other related consideration. Where the water system of the Authority
is to be extended at the expense of the owner or owners of properties,
the property owner or owners shall have the right to construct the
extension himself or themselves or through a subcontractor approved
by the Authority, which approval shall not be unreasonably withheld,
provided that the Authority shall have the right, at its option, to
perform the construction itself only if the Authority provides the
extension at a lower cost and within the same timetable specified
or proposed by the property owner or owners or his or their approved
subcontractor. Construction by the property owner or owners shall
be in accordance with an agreement for the extension of the Authority's
system and plans and specifications approved by the Authority and
shall be undertaken only pursuant to the existing regulations, requirements,
rules and standards of the Authority applicable to such construction
and shall be further subject to inspection by an inspector authorized
to approve such construction and employed by the Authority during
construction. When a main is to be extended at the expense of the
owner or owners of properties, the property owner or owners may be
required to deposit with the Authority, in advance of construction,
the Authority's estimate of the reasonable and necessary cost of reviewing
plans, construction, inspections and administrative, legal and engineering
services. The Authority may require that construction shall not commence
until the property owner has posted appropriate financial security.
The Authority may prescribe that the property owner or owners shall
reimburse the Authority for reasonable and necessary expenses incurred
as a result of the extension. If an independent firm is employed for
engineering review of the plans and the inspection of improvements,
reimbursements for such services shall be reasonable and in accordance
with the ordinary and customary fees charged by the independent firm
for work performed for similar services in the community, but in no
event shall the fees exceed the rate or cost charged by the independent
firm to the Authority when fees are not reimbursed or otherwise imposed
on applicants. Upon completion of construction, the property owner
or owners shall dedicate and the Authority shall accept the extension
of the Authority's system, provided that dedication of facilities
and the installation complies with the plans, specifications, regulations
of the Authority and the agreement.
D.
Where a property owner constructs or causes to be constructed at
his expense any extension or improvement of the water system of the
Authority, the Authority shall provide for the reimbursement to the
property owner when the owner of another property not in the development
for which the extension was constructed connects a service line directly
to the extension within 10 years of the date of the dedication of
such extension to the Authority in accordance with the following provisions:
(1)
Such reimbursements shall be equal to the distribution or collection
part of each tapping fee collected as a result of subsequent connections.
The Authority shall be entitled to deduct from each reimbursement
payment an amount equal to 5%, which shall be deemed to represent
the appropriate charge for administrative expenses and services rendered
in calculating, collecting, monitoring and disbursing the reimbursement
payment to the property owner entitled thereof.
(2)
Reimbursement shall be limited to those lines which have not previously
been paid for by the Authority.
(3)
The Authority shall, in the preparation of the necessary reimbursement
agreement with the property owner or owners for whose benefit reimbursement
will be provided, attach as an exhibit an itemized listing of all
water facilities for which reimbursement shall be provided.
(4)
The total reimbursement to which a property owner or owners shall
be entitled shall not exceed the cost of all labor and material, engineering
design charges, the cost of performance and maintenance bonds and
Authority review and inspection charges, as well as flushing and televising
charges and any and all charges involved in the acceptance and dedication
of such facilities by the Authority, less the amount which would be
chargeable to such property owner based upon the Authority's collection
and distribution of tapping fees which would be applicable to all
lands of the property owner served directly or indirectly through
such extensions if the property owner did not fund the extension.
(5)
The Authority shall be required to notify, by certified mail, to
his or their last known address, the property owner or owners for
whose benefit such reimbursement shall apply within 30 days of the
Authority's receipt of any such reimbursement payment. In the event
that the property owner or owners have not claimed a reimbursement
payment within 120 days of the mailing of the notice, the payment
shall revert to and become the sole property of the Authority, with
no further obligation on the part of the Authority to refund the payment
to the property owner or owners.
A.
All waste of water is prohibited. No consumer shall allow water to
run to waste or to run merely to prevent freezing. Each consumer shall
keep his faucets, valves, service lines, hose, etc., in good order
and condition at his own expense.
B.
As necessity may arise in case of break, emergency or other unavoidable
cause, the Authority shall have the right to temporarily cut off or
limit water supplied in order to make necessary repairs and connections
and for other necessary purposes. The Authority will use all reasonable
and practicable measures to notify the consumer in advance of such
limitation of service, if possible. (In emergency situation, such
notifications may not be possible.) The Authority shall not be liable
for any damage or inconvenience suffered by the consumer nor in any
case for any claim against it at any time, for interruption in service,
for lessening of supply, for inadequate pressure, for poor quality
of water or for any cause beyond its control.
C.
The Authority shall have the right at all times to restrict or regulate
the quantity of water used by consumers in the case of scarcity or
drought or whenever the public welfare may require such control. The
Chairman of the Authority or, in his absence, any duly designated
member of the Board of the Authority may declare a water emergency
under this rule.
D.
The Authority will not be liable for any claim or damage arising
from a shortage of water, the breaking of machinery or other facilities
or any other cause beyond its control.
E.
Water shall not be turned on in any premises by any person not an
agent or employee of the Authority, except temporarily by a plumber
to enable him to test his work, provided it shall be turned off again
immediately after the test is made.
F.
In the case of vacancy, the consumer must notify the Authority, in
writing, of such vacancy, and upon his failure to do so will become
responsible for any damage to the property of the Authority arising
from such failure.
G.
No interconnection or cross-connection shall be made or permitted
between the water system and any other water supply. No fixture, device
or fitting shall be installed which will permit or provide a backflow
connection between the water system and any well, drainage system,
soil pipe or waste pipe which would permit or make possible the backflow
of sewage into the water system.
H.
No person, unless specifically authorized to do so, shall open or
close any of the stopcocks, valves, fire hydrants, etc., in any public
waterline owned and maintained by the Authority.
I.
Any duly authorized representative of the Authority, whose identification
as such duly authorized representative has been established in a reasonable
manner, upon reasonable cause shown shall be authorized upon and to
have full access to the premises then being supplied with water from
the water system for the purpose of inspecting the facilities employed
in connection with the use of water from the water system and for
the purpose of setting, reading, repairing or removing meter.
J.
Contractors, builders or others will be required to obtain a written
permit from the Authority before using water for building or construction
purposes. The Authority may require a deposit upon application for
building and construction purposes.
K.
Consumers using the water supply for steam boilers which depend upon
the hydraulic pressure in the pipe system of the water system for
supplying such boilers will do so at their own risk. The Authority
will not be responsible for any accidents or damage to which such
devices may be subjected. The water supply line to the boiler shall
be provided with a stopcock to shut off supply.
L.
House boilers for domestic use must be provided with vacuum valves
in all cases in order to prevent collapsing when water is shut off
from the distribution pipes. The Authority will not be responsible
for accidents or damage resulting from imperfect installation or operation
of such valves. House boilers shall be provided with a stopcock to
shut off supply.
M.
No water will be furnished to any premises where any possibility
exists of mingling of the water furnished by the Authority with water
from any other source; nor will the Authority permit its mains or
service pipe to be connected in any way to any piping, tank, vat or
other matter which may flow into the Authority's service pipes or
mains and consequently endanger the water supply. An exception may
be made to this rule, at the option of the Authority, provided that
proper safeguards are installed, which shall be inspected and have
the approval of the Authority, appropriate insurance underwriters
and the Pennsylvania Department of Environmental Protection, if required.
N.
The Authority shall not be liable for any damage resulting from leaks,
broken pipes or any other cause occurring to or within any house or
building; and it is expressly stipulated by and between the Authority
and the consumer that no claims shall be made against the Authority
on account of the bursting or breaking of any main or service pipe
or any attachment to the water system.
O.
The Authority shall be under no obligation at any time to make any
extension to its then-existing water mains, but may do so upon the
written request of one or more prospective consumers, either wholly
or in part, at the expense of said prospective consumers or consumers,
at the option of the Authority. Insofar as possible, all water mains
owned and maintained by the Authority shall be constructed within
a public road or street right-of-way or within an easement to allow
access provided for such purpose across private property at any time
to inspect, repair, replace or construct the necessary facility.
P.
The Authority reserves the right to change, revise and amend their
rules and regulations and the rates for the use of water, to make
special rates or to enter into contracts to provide water to consumers,
provided that such special rates and/or contracts shall be in the
public interest of users of the water system.
Any person, firm or corporation in who shall violate any provision
of this chapter or the rules and regulations of the Authority shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000 and, in default of payment, to imprisonment for a term not
to exceed 30 days.
Proper officers of the Borough or township or the Authority
are authorized and directed to do all things and to take all action
necessary and proper to enforce provisions hereof in the manner permitted
by law.
This chapter shall become effective on December 2, 1991, and
shall be applicable to all consumers then connected or thereafter
to be connected with and served by the water system.
The Borough reserves the right to repeal, amend or modify this
chapter or any part thereof in such manner and at such times as, in
the opinion of the Towanda Municipal Authority, shall be necessary
and/or desirable, all after due legal procedure, and to be in the
public interest of the residents of the system service area. However,
this chapter does not supersede or amend the terms of the water system
agreement entered into between the Borough of Towanda and the Towanda
Municipal Authority.
