[HISTORY: Adopted by the Borough Council of the Borough of Mahanoy City as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-13-2004 by Ord. No. 2004-2[1]]
[1]
Editor's Note: This ordinance superseded former Ch. 182, Art. I, adopted 3-10-1998 by Ord. No. 98-1.
A. 
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
AUTHORITIES ACT
The Municipality Authorities Act of 1945, Act No. 164, May 2, 1945, P.L. 382, 53 P.S. § 301 et seq., as presently and hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.[1]
AUTHORITY
The Mahanoy Township Authority, a body corporate organized under the Authorities Act incorporated by the Township, acting through its Board.
BOROUGH
The Borough of Mahanoy City, Schuylkill County, Pennsylvania, acting through the Borough Council of Mahanoy City.
BUILDING MAIN
The extension from the water system of any structure to the lateral of a main.
IMPROVED PROPERTY
Any property within the Borough upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals.
INDUSTRIAL ESTABLISHMENT
Any improved property located within the Borough and used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article.
LATERAL
Part of the water system extending from a main to the curb stop, or if no such lateral shall be provided, "lateral" shall mean that portion of, or place in, a main which is provided for connection of any building main.
MAIN
Any pipe or conduit constituting a part of the water system used or usable for water distribution purposes.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
PERSON
Any individual, partnership, association, society, trust, corporation, municipality, municipal authority or other group or entity. Whenever used in any clause prescribing and imposing a penalty, or imposing a fine or imprisonment, or both, the term "person" shall include the partners of a partnership, the members of an association or society and the officers of a corporation.
WATER SYSTEM
All facilities, as of any particular time, for production, transmission, storage and distribution of water in the Borough owned by the Authority for maintenance, operation and use.
[1]
Editor's Note: Said act was repealed 6-19-2001 by Act 22 of 2001 (P.L. 287, No. 22). See now the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
B. 
In this article, the singular shall include the plural; the plural shall include the singular, and the masculine shall include the feminine and neuter.
A. 
The owner of any improved property abutting upon the water system shall connect such improved property with and shall use such water system in such manner as the Authority may require, within 90 days after notice to such owner from the Authority to make such connection; subject to such limitations and restrictions as shall be established herein or otherwise shall be established by the Authority.
B. 
The notice by the Authority to make connection to a main referred to in Subsection A shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section thereof, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within 90 days after the date such notice is given or served. Such notice may be given or served at any time after a main is in place which can deliver water to the particular improved property. Such notice shall be given or served upon the owner in accordance with law.
A. 
No person shall uncover, connect with, make any opening into, use, alter or disturb, in any manner, any main 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 shall be made by the owner of the improved property served or to be served with notice as provided in § 182-2A, or by the duly authorized agent of such owner.
C. 
No person shall make or shall cause to be made a connection of any improved property to a main until such person fulfills each of the following conditions:
(1) 
Notify the Authority of the desire and intention to connect such improved property to a main;
(2) 
Apply for and obtain a permit as required by Subsection A of this section;
(3) 
Give the Authority at least 24 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; and
(4) 
If applicable, furnish satisfactory evidence to the Authority that any tapping (or connection) fee 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.
D. 
Except as otherwise provided in this Subsection D, each improved property shall be connected separately and independently with a main through a building main. Grouping of more than one improved property on one building main 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. Nothing herein is to be construed to in any way deprive any owner or person any rights previously acquired by agreement, by operation of law, arising from their chain of title, to continue to receive water from facilities located on the property or properties of others.
E. 
All costs and expenses of construction of a building main and all costs and expenses of connection of a building main to the curb stop shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and shall save harmless the Authority from all loss or damage that may be occasioned directly or indirectly, as a result of construction of a building main or of connection of a building main to a main.
F. 
A building main shall be connected to a main at the place designated by the Authority and where, if applicable, the lateral is provided. A smooth, neat joint shall be made and the connection of a building main to the lateral shall be made secure and watertight.
G. 
If the owner of any improved property located within the Authority and abutting upon the water system, subject to the exception provided for in § 182-2A, after 90 days' notice from the Authority, in accordance with § 182-2A, shall fail to connect such improved property, the Authority may construct such connection and collect from such owner the costs and expenses thereof in any manner permitted by law.
A. 
All owners of property connected or connecting to the water system, and all owners of property who may hereafter connect with and use the same shall pay annual water charges in quarterly installments as hereinafter provided, based upon a schedule of rates to be determined by resolution of the Authority.
B. 
Water service charges shall be a lien on the properties charged with payment thereof, from the effective date of this article, and if not paid within 30 days' notice, may be collected in any manner provided by law, including but not limited to the entry of a municipal lien of record with the Prothonotary of Schuylkill County, Pennsylvania.
A. 
The Authority is hereby authorized to charge certain enumerated fees which may include a connection fee, a customer facilities fee and/or a tapping fee (as those terms are defined in the Authorities Act) and shall be separately set forth in an appropriate resolution of the Authority.
B. 
No connection fee or tapping fee shall be charged in a situation where the Authority is providing separate water service to customers who previously were receiving water in a line that also provided distribution of water for other customers.
C. 
Any connection fee, customer facilities fee or tapping fee imposed by the Authority shall comply with the provisions of the Authorities Act.
A. 
No building main shall be covered until it has been inspected and approved by the Authority. If any part of a building main is covered before so being inspected and approved, it shall be uncovered for inspection, at the cost and expense of the owner of the improved property to be connected to a main.
B. 
Every building main of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
C. 
Every excavation for a building main shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Any street, sidewalk or other public property disturbed in the course of installation of a building main shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to the Authority.
D. 
If any person shall fail or shall refuse, upon receipt of a notice, in writing, of the Authority, to remedy any unsatisfactory condition with respect to a building main within 60 days of receipt of such notice, the Authority may refuse to permit such person to be served by the water system until such unsatisfactory condition shall have been remedied to the satisfaction of the Authority.
E. 
The Authority reserves the right to adopt from time to time additional rules and regulations it shall deem necessary and proper relating to connections with a main and with the water system, which additional rules and regulations, to the extent appropriate, shall be and shall be constructed as part of this article.
In the event any person shall deem the requirement to connect as provided in this article a hardship, such person may appeal to the Authority for relief from such connection requirement which appeal shall be heard in accordance with provisions of the Pennsylvania Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Schuylkill County.
The enforcement officer of the provisions of this article shall be the Manager of the Mahanoy Township Authority or such other person as may from time to time be designated by the Mahanoy Township Authority so long as that designee is approved by the Council of the Borough of Mahanoy City.