[Adopted 3-14-2011 by Ord. No. 806-11[1]]
[1]
Editor's Note: This ordinance also provided that it does not have a retroactive effect and is not to apply to any service line issue which occurred prior to the effective date of the ordinance.
The following words, terms and phrases when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
APPLICANT
Any party applying for water service or a water main extension.
BOROUGH
The Borough of Zelienople, Butler County, Pennsylvania.
BOROUGH SERVICE LINE
The line through which water is transmitted from the water main line to the curb.
CURB STOP
An outside shutoff valve that is the property of the Borough, in the proximity of the curb, that also marks the end of the Borough service line and the beginning of the customer service line.
CUSTOMER
Any party contracting with the Borough for water service.
CUSTOMER SERVICE LINE
The line through which water is transmitted from the curb stop to the user.
IMPROVED PROPERTY
Any property upon which a dwelling, capable of human habitation, has been constructed.
LANDLORD
A customer who owns a rental property.
METER
A device used for the purpose of measuring water consumption, including exterior remote reading device and wiring.
USER
Anyone who creates a demand for water and engages in the consumption thereof.
WATER MAIN LINE
The line(s) through which water is transmitted throughout the distribution system.
A. 
The customer service line is the line through which water is transmitted from the curb stop to the user location and which provides water service for the owner or tenant of any property being served with Borough water.
B. 
In the case of any rental property, the landlord shall be responsible for adhering to all Borough rules and regulations and the provisions contained herein.
C. 
All connections, service lines and fixtures furnished by the customer shall be maintained by the customer in good order. All valves, meters and appliances furnished and owned by the Borough and on the property of the customer shall be protected properly by said customer.
D. 
The Borough shall be responsible for the maintenance and repair of the Borough service lines from the water main through the curb stop. The customer is responsible for the maintenance and repair of the customer service line from the curb stop connection to the user's property/structure.
E. 
All leaks in the customer service line or any other pipe or fixture, in or upon the premises supplied, must be repaired within five business days by the property owner upon receipt of notice of the leak. In the event the repair fails to be made, the Borough shall discontinue service after having given at least five calendar days' notice.
F. 
The Borough shall not be responsible for maintaining any portion of the customer service line, or for any damage done by water escaping therefrom, or from lines or fixtures on the customer's property.
A. 
Discontinuance by the customer.
(1) 
All agreements covering service for water shall continue in force unless and until reasonable notice is given of a desire to terminate the service. Water will be turned off from any premises upon the request of the customer without in any way affecting the existing agreements for service. Reasonable notice is construed as a minimum of three working days' advance notification of the time the turnoff is desired.
(2) 
In the case of a rental property, the Borough will not terminate water service to said property simply to accommodate the wishes of an owner who desires to use the discontinuance of service as a means to evict the tenants.
B. 
Discontinuance by the Borough.
(1) 
The Borough may discontinue service, with five days' notice, for any of the following reasons:
(a) 
For the use of water for any other property or purpose other than that described in the application.
(b) 
For willful waste of water through improper or imperfect pipes, fixtures or otherwise, such as leaks in pipes or fixtures.
(c) 
For tampering with any service line, curb stop, meter or meter setting.
(d) 
In cases of abandonment of the premises.
(e) 
For nonpayment of any charges accruing under the service.
(f) 
For refusal of reasonable access to the property for purposes of inspecting, reading, maintaining or removing meters.
(g) 
For making or refusing to remove any cross connections.
(h) 
For not complying with mandatory water conservation rules and regulations imposed by the Borough during times of limited water supply.
(i) 
For violation of any of the rules and regulations governing the use of water.
(2) 
If service is discontinued by the Borough for any of the reasons listed above, a service charge will be assessed. The disconnect service charge shall be set by the Borough Council.
(3) 
The Borough may discontinue service, without notification, if a significant leak is detected between the water main line and the water meter.
C. 
Turning water on/off without authority. The customer shall not turn the water on or off without the express, written authority of the Borough. Any violation of this provision shall be subjected to a fine of not more than $1,000 and possible criminal prosecution. Each day that a violation continues shall be considered a separate offense.
D. 
Emergency turnoff.
(1) 
As necessity may arise in case of a breakdown, emergency or for any other unavoidable or unforeseeable cause, the Borough shall have the right to cut off the water supply temporarily in order to make necessary repairs, connections, etc. The Borough shall use all reasonable measures to notify the customer or user of such discontinuance of service. In such case, the Borough shall not be liable for any damage or inconvenience suffered by the customer or user or any claim against it at any time. When a supply of water is to be temporarily cut off, notice will be given when practicable, to all customers or users affected.
(2) 
In the event an emergency turnoff is necessary, the turnoff shall be performed by the Borough or an entity approved by the Borough.
E. 
Obstructing the curb box.
(1) 
If obstructions are placed over, in or around curb boxes in such a manner as to prevent normal operation of the curb stop or to result in damage to the curb box, curb stop or service line, the Borough shall terminate water service at the curb stop and plug the curb box or disconnect the service line or turn the water off at the corporation stop or ferrule as it may deem necessary.
(2) 
Prior to renewal of service, the customer shall pay to the Borough the expenses incurred in terminating and renewing service, including but not limited to the cost of necessary trenching, backfilling, cutting and replacing pavement, sidewalk or curbing. The customer shall also settle any unpaid invoices for water or other service and make a satisfactory deposit to insure the payment of future water bills.
The Borough shall restore service when the conditions under which such service was discontinued are corrected and all back billings for service, including the discontinuance of service charge and the restoration service charge have been paid. The restoration service charge shall be set by the Borough Council. The service charges shall not apply to emergency turnoffs.
A. 
If while updating or repairing a Borough service line it is discovered that the service line is made of lead piping, the Borough shall be responsible for replacing the Borough service line with copper, plastic or any other Borough-approved piping.
B. 
If while replacing or repairing a service line it is determined that the customer service line is made of lead piping, the property owner shall have the following options:
(1) 
Replace the customer service line with copper, plastic or any other Borough-approved piping; or
(2) 
Maintain his or her lead customer service line and contract with an independent plumber to reconnect to the Borough service line.