[Adopted 7-14-1992 by Ord. No. 524 (Ch. 26, Part 1, of the 1992 Code)]
A. 
The following words and terms, as used in this article, shall have the meanings respectively ascribed to them by this section, unless the context clearly indicates a different meaning:
APPLICANT
The property owner or his agent applying for permission to connect to the water system. The word "owner" shall mean any person, firm, corporation or association in whose name any property is recorded in the office of the Recorder of Deeds.
BOROUGH COUNCIL
In cases where ownership of water facilities shall apply, the term "Borough Council" shall be synonymous with Manheim Borough Authority.
CUSTOMER
A person, partnership, political subdivision, association or corporation, and shall mean anyone to whom water service is supplied by the Manheim waterworks, whether as owner or tenant.
EASEMENT
The right in the owner of one parcel of land, by reason of such ownership, to use the land of another for a special purpose not inconsistent with the general property of the owner.
MAIN EXTENSIONS
Extensions of distribution pipe lines beyond existing facilities and exclusive of service connections.
MAINS
The distribution pipe lines which are located in streets, highways, public ways or private rights-of-way, and which are used to serve the general public.
MG/L or PPM
Milligrams per liter (or parts per million) in water and sewage analysis.
OCCUPIED BUILDING
Any structure erected and intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage or industrial wastes are or may be discharged.
OWNER
See "applicant."
pH
The reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in grams per liter of solution and indicates the degree of acidity or alkalinity of a substance.
PERSON
Any natural person, association, partnership, firm or corporation.
PREMISES
(1) 
The property or area, including the improvements thereon, to which water service is or will be furnished, and as used herein shall be taken to designate:
(a) 
A building under one roof, owned or leased by one customer and occupied as one residence or one place of business;
(b) 
A group or combination of buildings owned by one customer, in one common enclosure, occupied by one family or one organization, corporation or firm as a residence or place of business or for manufacturing or industrial purposes, or as a hotel, hospital, church, parochial school, or similar institution, except as otherwise noted herein;
(c) 
The one side of a double house having a solid vertical partition wall;
(d) 
Each apartment, office or suite of offices, and/or place of business located in a building or a group of buildings, even though such buildings in a group are interconnected by a tunnel or passageway, covered areaway or patio or by some similar means or structure;
(e) 
A public building devoted entirely to public use, such as community building, firehouse, schools;
(f) 
A single lot, park or playground;
(g) 
Each house in a row of houses;
(h) 
Each individual and separate place of business and/or occupancy located in one building or group of buildings commonly designated as shopping centers, supermarket areas, and by such other terms; or
(i) 
Each dwelling unit in a public housing development owned and operated by the United States of America, a municipal subdivision of the Commonwealth of Pennsylvania or an agency or instrumentality of the United States or the Commonwealth of Pennsylvania; by a philanthropic foundation or organization or some such similar body or organization; or operated under private ownership.
(2) 
Each premises shall be served through a separate service line and through a separate meter, except where physical conditions prevent the installation of separate service facilities and meters, as determined by the Borough Council.
PRIVATE FIRE PROTECTION SERVICE
Providing of water to premises exclusively for fire protection.
PUBLIC FIRE PROTECTION SERVICE
Furnishing of service through public fire hydrants.
SERVICE LINE EXTENSION
The pipe, valves and other facilities by means of which water is conducted from the curb stop to a point on the outlet side of the meter, to be located inside the walls of the building or meter pit, if approved.
SERVICE PIPE
Pipe leading from the curb stop to the premises of a customer.
SHALL
Is mandatory.
STREET
Any street, alley or lane.
SUPERINTENDENT
The Superintendent of the waterworks.
TEMPORARY SERVICE
A service for circuses, bazaars, fairs, construction work, irrigation of vacant property, trailers or trailer camps and similar uses that, because of their nature, will not be used steadily or permanently.
TENANT
Anyone occupying premises under lease from a lessor, which premises are furnished sewage service.
TYPES OF SERVICE
(1) 
COMMERCIALPremises where the customer is engaged in trade and/or commerce and shall also include schools or religious buildings.
(2) 
INDUSTRIALPremises for use in manufacturing, processing and distribution activities.
(3) 
MUNICIPAL or PUBLICA municipal subdivision of the Commonwealth of Pennsylvania or agency thereof or to other similar public bodies.
(4) 
RESIDENTIALWater service for residential households for customary purposes and for sprinkling lawns, gardens (not commercial type) and shrubbery, swimming pools and other similar purposes.
WASTEWATER
The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present.
WATERWORKS
The plant fixtures, mains, hydrants, reservoirs, rights-of-way and all other properties and facilities now or hereafter operated and maintained by the Borough Council of Manheim in order to collect, treat and distribute water for municipal purposes and for the use of the inhabitants thereof, and shall also include those officers and employees of the Borough Council collectively engaged in the management, operation and maintenance thereof.
B. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
A. 
The waterworks of the Borough Council of Manheim, as it is now constituted or as it shall hereafter, as the Borough Council may from time to time direct, be extended through other portions of the Borough shall be operated, maintained and regulated according to the provisions of this article, subject to the authority of the Borough Council at any time to amend, alter, change or repeal the same.
B. 
The Borough Council shall have charge and management of the waterworks, subject to such delegation of authority to the Superintendent as is provided herein.
C. 
The Borough Council shall, from time to time, appoint a person to serve as a Superintendent of the waterworks, such person to serve at the pleasure of the Council and to receive such compensation as shall be determined by the Council from time to time and to perform such duties as the Council shall direct.
D. 
The Borough Council will furnish water service in accordance with the currently prevailing, and as hereafter revised, rates, rules and regulations, which are made a part of every application, contract or agreement entered into between the property owner or customer and the Borough Council.
E. 
The Borough Council hereby reserves the right, so often as it may deem necessary, to alter or amend the rates and/or the rules and regulations which shall be a part of every application, contract or agreement for water service.
The Borough Council shall require the installation of a circulating-type water-cooling tower for all air-conditioning units using water for cooling. The water supply to the cooling system must incorporate an air break or a backflow preventer.
A. 
Application for water service connection.
(1) 
Water services shall not be provided to any premises until application shall have been made to the Superintendent by the owner of such premises or by his authorized agent. Such application shall be made upon a form to be prescribed by the Borough Council, and upon such application the applicant shall state fully all purposes for which he shall desire such water and shall answer fairly and without concealment all necessary questions. Such application shall be accompanied by a fee, which shall be returned in the event the application is disapproved.
(2) 
The application shall be subject to such water service tapping fees and charges currently in effect. The application and the rules and regulations of the Borough Council shall regulate the water service to such premises.
B. 
Application is a contract. The application for water service shall be a binding contract on both the customer and the Borough Council, after approval by the Borough Council. Rates for water service shall accrue from the date the water service facilities have been completed and water service is available to the premises.
C. 
Special contracts or agreements. The Borough Council may require, prior to approval of service, special contracts or agreements other than applications under the following conditions:
(1) 
For new subdivision and land developments served by the waterworks, developer, contribution and escrow agreements are required.
(2) 
If the construction of extensions and/or other facilities are necessary.
(3) 
The Borough Council shall furnish no material or labor for use upon private premises except when a person shall contract with the Borough Council to lay service pipe to the premises.
(4) 
If deemed necessary by the Borough Council.
D. 
Contracts with delinquents. No agreement will be entered into by the Borough Council with any applicant for water service, whether owner or tenant, until all arrears for water rents, bills for meter repairs or other charges due on subject property have been paid, or until satisfactory arrangements for payment of such unpaid bills shall have been made.
E. 
Governmental regulations are a part of contract. All contracts for water service shall be subject to such changes or other modifications as may be directed by action of the Legislature of the Commonwealth of Pennsylvania or other regulatory body.
F. 
New application upon change in ownership, tenancy or conditions of water use. A new application must be submitted and approved by the Borough Council upon any change in ownership of the property when the owner is the customer, or in any tenancy where the tenant is the customer, or in the service as described in the application. The Borough Council shall have the right, upon five days' notice, to discontinue the water supply until such new application has been made and approved. The Superintendent will read the meter in order to bill the final consumption to the seller, and all future billings shall be made to the buyer.
(1) 
In connection with a change in service, any customer making any material change in the size, character or extent of equipment or operations utilizing water service, or whose change in operation results in a substantial increase in the use of water, shall immediately give the Borough Council written notice of the nature of the change and, if necessary, amend its application.
(2) 
Any premises intended to be occupied by more than one establishment, firm or family shall be provided with an independent drain valve conveniently located for each separate establishment or apartment into which water is to be introduced, so that any portion of such premises which may be separately occupied can be drained without interfering with the supply of water for the other occupants.
A. 
Place of payment. All bills are payable at Fulton Bank, Farmers First or at the Manheim Borough Council office, 15 East High Street, or such other location as designated by the Borough Council.
B. 
All bills for services furnished by the Borough Council will be based on the published rate schedules of the Borough Council.
(1) 
Each premises will be subject to a fixed minimum quarterly charge for each meter, in accordance with the rate schedule. Such minimum charge shall be nonabatable for a nonuser of water and noncumulative against subsequent consumption. In the case of fractional bills covering less than a quarter, minimum charges and allowances of water shall be prorated. The charges for the use of water in excess of the quantities allowed shall be in accordance with the rate schedule.
(2) 
Should the property owner desire that the Borough Council conduct business with the tenant of each premises, he must advise the Borough Council in writing. The property owner shall be fully liable for payment if the tenant moves out without paying the bill.
(3) 
Water bills for water used for building construction and for occasional use shall be payable upon demand.
(4) 
The charges for public fire service shall be paid quarterly as billed.
(5) 
The charges for temporary service and other miscellaneous services shall be as set forth in the rate schedule.
C. 
Bill rendered and due. The Borough Council will bill quarterly, and bills will be rendered as soon as practicable after the receipt of necessary meter reading information. All bills are due and payable within 30 days after the end of the service period covered, and a penalty of 10% of the amount of such bill will be added to all bills if not paid when due. Acceptance of remittance of bills on the last day of this thirty-day period shall be determined by the date of actual receipt of the customer's payment at the Manheim Borough Council office, 15 East High Street, Manheim, Pennsylvania 17545.
D. 
Deposits. Cash deposits are required from customers taking service for a period of less than 30 days in an amount equal to the estimated gross bill for such temporary period.
E. 
Service of notices. All notices and bills relating to the Borough Council or its business shall be deemed to have been properly served if left upon the premises of the customer, if mailed to the customer, or if served in person at his address as shown on the records of the Borough Council.
(1) 
The Borough Council will send all such notices and bills to the address given on the application for water supply until a notice of change, in writing, has been filed with the Borough Council by the applicant.
(2) 
All notices of general character affecting or likely to affect a large number of customers shall be deemed to have been properly given or served if advertised in the newspaper designated by the Borough Council.
F. 
Unpaid bills. In case any water bill shall not be paid within 60 days from the date of the bill, it shall be the duty of the Superintendent to give to the customer who shall have been billed for such water 10 days' notice in writing of the fact that such water bill has become delinquent and that, at the end of such period of 10 days, all water service to the premises upon which such bill is delinquent shall be discontinued and shall not be resumed until said account shall have been paid in full, together with a reasonable charge for the shutting off and restoring of said service. At the end of such period of 10 days, it shall be the duty of the Superintendent to shut off the water service to such premises, such service not to be resumed until such delinquent account and service charge shall have been paid in full.
(1) 
In case any water bill, together with all penalties thereon, shall not be paid within six months of the date on which said bill is due and payable, the delinquent bill and all penalties thereon shall be a lien on the premises served and shall be entered as a lien against the premises in the office of the Prothonotary of Lancaster County and shall be collected in the manner provided by law for the collection of such liens or an action in assumpsit may be brought to recover the same in the name of the Borough of Manheim from the customer.
G. 
Abatement. The following regulations shall govern abatement of charges for water:
(1) 
No abatement of charges shall be allowed for vacancy of premises except from the date that written notice shall have been given by the owner of such premises at the office of the Superintendent that such premises shall have been vacated.
(2) 
No abatement of charges shall be allowed for absence of the customer unless the water shall have been shut off from the premises by the order of the Superintendent, for which a charge shall be made.
(3) 
Whenever water shall be used on any metered premises for fire protection or fire fighting, in an actual case of fire or conflagration, no charge shall be made for the water so used, and the amount of water so used shall be ascertained by comparison with the average use of water during a corresponding billing period as shown by the meter.
Complaints relative to the character of the service furnished, the reading of meters, or concerning bills rendered shall be in writing and mailed to the office of the Borough Council or shall be telephoned to the Borough Council office.
The piping and fixtures on the property of the customer shall be in satisfactory condition at the time service facilities are connected and water furnished. The Borough Council shall not be liable for any accidents, breaks or leakage that are due to the connection with the supply of water or failure to supply the same. The Borough Council is also not responsible for the freezing of piping and fixtures of the customers or for any damage to the property which may result from water supplied to the premises.
Two or more parties who join to make application for service shall be jointly and severally liable and shall be sent periodic bills. The Borough Council reserves the right in such individual cases, when deemed necessary, to make one or more of said parties the guarantor for payment of said bill and to send a single bill.
Authorized employees of the Borough Council, identified by the proper identification cards, shall have access to the customer's premises at all reasonable hours for the purpose of turning the water on or off; inspection, repair and/or replacement of service line extensions; inspection, setting, reading, repairing and removal of meter; inspection of sump pump connections, and for all such justifiable purposes.
For the protection of the waterworks:
A. 
No person shall damage, injure, molest, disturb or interfere with any pipe, hydrant, stop cock, reservoir, machinery, tool or any other property belonging to or appertaining to the waterworks. Where any such damage, injury, molestation, disturbance or interference takes place, any person observing this shall notify the Superintendent immediately.
B. 
No person shall, except with authority from the Superintendent or any person subordinate to him in the waterworks, open, close, interfere with or attach to or connect with any fire hydrant, stop valve or stop cock belonging to the Borough Council; provided, however, in case of fire the opening and use of the fire hydrants needed in the fighting thereof shall be under the direction of the Fire Chief of the Borough Council.
Water service will be renewed under a proper application when the condition under which such service was discontinued are corrected, and upon the payment of all charges provided in the schedule of rates or rules of the Borough Council due from the applicant.
A. 
The service pipe from the curb stop to the premises shall be the property of the owner of the premises to which it is connected, and all repairs to the same shall be made at the expense of such property owner, who shall keep his pipes and fixtures in good repair, in such condition as to avoid unnecessary waste and protected against frost at his own expense. The property owner shall be held responsible for any waste or damage that may result from any defective service pipe or other pipe located within the premises or any fixture. The property owner shall pay for the cost of opening a frozen service pipe where the service pipe is not laid or protected in accordance with the provisions of this article.
B. 
All service pipe shall be laid at least three feet below the surface of the ground.
C. 
No person shall extend or cause to be extended any service pipe from one property to another without special permission having been granted therefor by the Borough Council, and without a stop being placed in such a position that the supply of water for either property can be shut off without closing off the supply of water for the other property.
D. 
All pipes shall be free from jogs and snags that might obstruct the drainage, shall be securely fastened to their places, and shall be so pitched that when the stop is turned off, all water shall flow toward the waste.
E. 
All pipes and fixtures shall be placed in such a manner as will secure them against frost. Whenever it may become necessary to carry any pipe along any outer wall, beneath any floor, through any open space or through any place where such pipe might be affected by drafts of air, such pipe shall be thoroughly boxed and packed, or otherwise protected against cold.
F. 
All plumbing for business buildings, manufacturing establishments and other premises where large quantities of water may be used shall be done in such a manner as to enable the water consumed to be measured by a single meter installation located as near to the main as is feasible.
G. 
In extending pipe from existing installations, the same rules shall apply as are applicable under this article to new installations.
H. 
Every street connection, at the time of making thereof, shall be provided with a separate stop cock and box, at the curb of the sidewalk when practicable, for each property to be supplied. The stop and box at the curb shall be the property of the Borough, placed there for its sole use.
I. 
Every service pipe shall have a drain valve inside the premises of the customer, so placed and kept as always to be ready for use. Such drain valve shall control the entire supply of water for the premises and shall drain all the pipes and fixtures thereon. It shall be secured from frost and shall be provided with a handle approved by the Superintendent. Such handle shall be kept in a convenient place ready for immediate use.
A. 
The Borough Council will install and maintain all service line connections; make all connections to the main lines; furnish, install, and maintain all service lines from the mains to and including the curb stop, which will be placed inside the curb or property line, except in such cases where it shall be the responsibility of the developer under the terms of the developer-Borough Council agreement. The service line connection shall be the property of the Borough Council and remain under its control.
B. 
Only duly authorized personnel shall be permitted to install a service line connection from the mains of the Borough Council to the curb stop on the premises of the customer.
C. 
The installation of all service line connections is subject to the submission of a written application to the Borough Council, approval thereof by the Borough Council and the payment of such required charges for the service line connection installation as are in effect at the time of the application. The charges are to be paid in advance. The Borough may charge a fee for issuing a permit or permits for street or road openings, which fee will be charged to the applicant in addition to the other charges.
D. 
The Borough Council reserves the right to deter the installation of service connections during inclement weather, until such times as in the judgement of the Borough Council conditions are suitable for an expeditious and economical installation.
E. 
The Borough Council reserves the right to determine the size and kind of service line connection.
The Borough Council may exercise the right in cases where the length of the service line extension exceeds 200 feet, and in all cases where deemed advisable, to require the customer to construct, at his expense, a watertight meter pit provided with suitable iron cover and constructed in accordance with a plan furnished by the Borough Council. The meter pit shall be constructed at the property line or curbline and is to be used for the housing of the meter required for the service of the premises.
A. 
When meter boxes are located at the curb, the meter enclosure riser pipes and connections therein will be installed by and at the expense of the customer, and no customer or workman shall alter, change or in any way tamper with the meter box, meter or piping connections therein without authorization from the Borough Council.
B. 
In cases where services are frozen, the Borough Council will, at its own expense, thaw out the service connection to the curb stop. The thawing out of the service pipe from the curb stop to the premises shall be done by the customer at his own expense. To avoid a recurrence of freezing, the Borough Council will make an examination of customer's service pipe and, if the same is not at a depth of three feet as required, the Borough Council shall have the right to require it to be relocated before service is resumed.
A. 
Extension of distributing pipe or water main shall be made only after petition of the owners of real estate or their authorized agents along the proposed line and upon their entering into an agreement which shall satisfy Council that the owner of real estate along the proposed line shall pay the cost of laying such pipe, provided the above rule shall not apply in cases where it may become necessary to supply short gaps in distributing pipe or water main in order to perfect the circulation or to increase the size of pipe already laid, which shall be done as the Borough Council shall direct; and provided, further, that in any instance the Borough Council may, in its discretion, extend any distributing pipe or water main without petition or refuse any petition.
B. 
All service line extensions and fixtures installed by the customer shall be maintained in satisfactory condition. All valves, meters and appliances furnished and owned by the Borough Council and on the property of the customer shall be protected properly and cared for by the customer. When repairs, renewals or replacements or other necessary work is required on the aforesaid facilities of the customer, the customer shall employ, without delay, competent tradesmen to do the work. All said work shall be done at the expense of the customer. All leaks in the service line or any other pipe or fixture or in or upon the premises supplied must be repaired immediately by the owner or occupant of the premises under penalty of discontinuance of service by the Borough Council.
C. 
The Borough Council shall in no event be responsible for maintaining any portion of the service line or service line facilities owned by the customer or for damage done by water escaping therefrom or from lines or fixtures on customer's property, and the customer shall, at all times, comply with Borough Council regulations and make changes required on account of change of grade, relocation of mains, or otherwise.
A service line will be used to supply a single customer only, and no premises shall have more than one service connection, except where it is impossible or impracticable to furnish an adequate water supply service through one service connection. In this event, the Borough Council may agree to the installation and use of more than one such connection.
A. 
The Borough Council reserves the right to require any owner to install, in conjunction with his service line, such valves, backflow preventers, check valves, relief valves, pressure regulator, or other apparatus of approved design, when and where, in its opinion, the conditions may require it for the safeguarding and protection of the Borough Council's property or the water supply.
B. 
Pressure relief valves shall discharge to laundry tub, sump pump pit, or to outside wall of building.
C. 
Should the use of water by any customer become excessive during periods of peak use and cause a substantial decrease in pressure in the distribution system of the Borough Council to the extent that normal water service to other customers is impaired, the Borough Council may exercise the right to require the installation of properly designed and adequate storage facilities on the system of the premises involved. The Borough Council reserves the right to enforce reasonable restrictions in the use of water until such storage facilities are constructed and in use. The customer shall be required to enter into a contract for a storage facility within three months from the date of order by Borough Council.
D. 
The said facilities shall include all piping, valves, fittings, storage structures, pumps, automatic controls, and such other appurtenances as are required to permit the storage and delivery of water during periods of peak water use on the premises, thereby avoiding a direct use from the system of the Borough Council during such periods. The basic design of such systems shall be subject to approval by the Borough Council Engineer.
E. 
When steam boilers take a supply of water directly from the service pipe, depending upon the hydraulic or hydrostatic pressure in the pipe system of the Borough Council for their supply under working pressure, it will be at the risk of the parties making such attachments. The Borough Council shall not be responsible for any accidents or damages to which such devices are frequently subject.
F. 
House boilers for domestic use must, in all cases, be provided with a backflow preventer, a pressure relief valve, a feed water regulator, and a relief valve to prevent collapsing when water is shut off from the distributing pipes. The Borough Council will, in no case, be responsible for accidents or damages resulting from failure to observe this rule, due to conditions in the distributing pipes, due to the imperfect action of any such valves, or due to any other causes.
If obstructions are placed over, in or around curb boxes in a manner to prevent normal operation of the curb box, or to result in damage to the curb box, curb stop, or service line, the Borough Council shall shut the water off at the curb stop and plug the curb box or disconnect the service line or turn the water off at the corporation stop, as it may deem necessary. Before service will be renewed, the customer shall pay to the Borough Council the expenses incurred in shutting the water off and in turning it on again, including the cost of necessary trenching and backfilling, of cutting and replacing pavement, sidewalk or curbing, of any municipal permit or permits for opening the pavement, and also shall settle any unpaid bill for water or other service.
When two or more customers are supplied through a single service line, any violation of the rules of the Borough Council by either of the customers shall be a violation to all, and unless said violation is corrected after reasonable notice, the Borough Council may take such action as can be taken for a single customer, except that such action shall not be taken until the innocent customer who has not violated the Borough Council's rules has been given a reasonable opportunity to attach his service line to a separately controlled service connection.
Curb stops at the curbline shall not be used by the customer for turning on or shutting off the water supply. The control of the water supply by the customer shall be by means of a gate valve usually located just inside the building wall or on the meter setting. Curb stops are for the exclusive use of the Borough Council except when, due to a break in the service line, a plumber is permitted to shut the curb stop.
A. 
A cross-connection is any actual or potential connection between the potable water supply and a source of contamination or pollution. There are two types of cross-connections:
(1) 
Inlet-type connection. Inlet-type connection is a connection used for filling a receptacle open to the atmosphere. They can be below-rim or submerged, such as a bottom inlet to a plating rinse tank. They can be the over-rim type wherein a waterline enters a receptacle over the top rim and terminates at some point below the top rim. In these types of cross-connections, backflow occurs due to backsiphonage only.
(2) 
Direct or pressure-type. Direct or pressure-type connection is one wherein the water supply is connected to another line or a pressurized vessel. A good example is a feed waterline to a boiler or a primer line to a pump. In cases of direct or pressure-type connections, backflow occurs due to backpressure when the system pressure exceeds supply pressure.
B. 
No cross-connections between the mains or piping systems supplied by the Borough Council and any other systems of water supply shall be permitted unless the other source of supply is of safe, sanitary quality, and both the supply and the connection have received approval of the County Department of Health or the Pennsylvania Department of Environmental Protection.
A. 
It shall be the duty of the Superintendent to install meters where the water consumption is not now metered as soon as conveniently may be done. Every building hereafter constructed and every building hereafter, for the first time, furnished with water from the waterworks shall be metered before any water shall be furnished to such building. Construction projects may use water for building purposes without the installation of a meter upon application made to the Superintendent and upon payment of a fee; provided, however, the contractor or builder does not waste water. Detection of wasting water shall be sufficient reason to withdraw permission to use water and shall require the immediate installation of a meter or the shutting off of the water until a meter is installed.
B. 
The Borough Council shall furnish and install all meters which in the judgment of the Superintendent are adequate. With special permission of the Superintendent, a meter larger than the one deemed adequate by the Superintendent may be installed if the owner of the premises pays the additional cost. Upon notice by the Superintendent that a meter is to be installed in a premises, the owner thereof shall, at his own expense, prepare the pipe ready for the installation of the meter as well as any stop, waste or valves required to drain it. When convenient to place a meter at the curb, a suitable meter box or masonry pit shall be built at the expense of the owner of the property, such box to have a suitable cover with lock and key. When not convenient to place a meter at the curb, the meter shall be placed within the property line of the customer in a convenient, accessible and unobstructed position within a building.
C. 
The customer shall, at all times, properly protect the meter upon his property from injury by frost or other cause and shall be responsible for the cost of all repairs to any such meter damaged through his negligence or that of any of the members of his family, his agents, workmen, servants or employees, such charge to be payable in full within 10 days after a bill is submitted.
D. 
All meters, unless otherwise indicated, will be furnished and installed by the Borough Council, subject to the fees currently in effect, and will remain the property of the Borough Council and be accessible to and subject to its control and maintenance. Meters of the "fire type" will not be installed for "general service." A meter will be required for each premises, except as otherwise provided herein.
The customer shall not disconnect or remove the meter or permit its disconnection or removal without the consent of the Borough Council.
Customers are urged to give careful attention to their plumbing and fixtures and make immediate correction of all leaks. No allowance will be made by the Borough Council for water used, lost, stolen or otherwise wasted through leaks, carelessness, neglect or otherwise after the water has passed through the water meter.
A. 
All meters are accurately tested before installation and thereafter are periodically tested. Should any customer of the Borough Council at any time doubt the accuracy or correctness of the meter measuring water delivered to the customer's premises, the Superintendent will make a test of the accuracy of the meter upon a written request from the customer. When the customer desires, either personally or through a representative, to witness the testing of a meter, he may require the meter to be sealed in his presence before removal. The seal shall not be broken until the test is made in his presence. If the meter is found to be accurate within 4%, a fee determined from the rate schedule shall be paid to the Borough Council by the customer requesting the test. If the meter is inaccurate, then the cost of the meter test shall be borne by the Borough Council. When making such request, the customer shall agree to the basis of payment specified or as currently in effect. A report of such tests shall be made to the customer, and a complete record of such tests shall be kept by the Borough Council.
B. 
If a meter fails to register or otherwise becomes out of order, such meter shall be replaced or repaired by the waterworks, and the current bill shall be estimated and determined by the average amount of water used in a previous corresponding period. No deduction from any water bill shall be allowed on account of leakage.
The customer shall notify the Borough Council of damage to or of the nonworking of the meter, or of the breaking of the seal or seal wire, as soon as he is cognizant of such a condition. The customer is liable for any damage to the water meter on his premises and shall be billed for a new meter if the Borough Council is unable to economically repair the damaged meter.
Readings of meters shall be completed quarterly by Borough Council, and the reading on the meter shall be conclusive on both the customer and the Borough Council, except when the meter has been found to be registering inaccurately or has ceased to register. In such case, the quantity may be determined by the average registration of the meter when in order, such determination to be made by the Borough Council, and which determination shall be final.
A. 
Remote reading meters shall be required of all new customers serviced by the Borough Council. In the event a meter is relocated by reason of any construction performed on the premises, a new remote register shall be installed on the premises to replace the meter to be relocated. All meters shall be installed at the cost of the owners, and the owner may be billed and payment collected in the same manner as water rent.
B. 
All meters installed in newly constructed homes shall be remote register meters, and the costs thereof shall be paid by the developer as part of his agreement with the Borough Council.
No seal placed by the Borough Council for the protection of any meter, valve, fitting or other water connection shall be tampered with or defaced. It shall not be broken except upon authorization from the Borough Council or in the presence of any Borough Council representative. Where the seal is broken, the Borough Council reserves the right to remove the meter for testing at the expense of the customer even though said meter registers accurately.
A. 
The Borough Council reserves the right in all cases to stipulate the size and type of the meter to be installed on each service line and to require the installation of a larger-size meter in any case where the peak use of water places any meter under undue or unusual strain and/or exceeds the recommended meter capacity.
B. 
The size of a meter installed shall be the same size as the service line, except that on a three-fourths-inch line serving a domestic customer, the privilege of using a five-eighths-inch meter may be allowed by the Borough Council. In no case will the service line be less than 3/4 inch.
A. 
By Borough. Service under any application may be discontinued for any of the following reasons:
(1) 
For willful failure to supply meter readings or for willful supplying of false information with respect to meter readings.
(2) 
For the use of water for the benefit of any other premises or purposes than those described in the application.
(3) 
For willful waste of water.
(4) 
For failure to maintain the service lines and fixtures in good order.
(5) 
For damaging or interfering with any service pipe, meter, meter box, curb stop, curb box, seal, meter or other fixtures and appliances of the Borough Council.
(6) 
In the case of continued vacancy of the premises.
(7) 
For refusal of reasonable access to the premises for purposes of inspecting the piping, fixtures and other parts of the water system or for reading, repairing or removing meters.
(8) 
Where the contract has been in any way terminated by the customer.
(9) 
For making or refusing to sever upon notice any cross-connection between the pipe or fixtures carrying water furnished by the Borough Council and a pipe or fixture carrying water from any other source.
(10) 
For resale of water.
(11) 
For premises where the demand for water is greatly in excess of past average or seasonal use, or where such excessive demands for water by the premises may be detrimental, injurious to, make inadequate, or in any way impair water service furnished to other customers.
(12) 
For violation of these Rules and Regulations (this article) or other requirements governing the supply of water furnished by the Borough Council.
B. 
By customer.
(1) 
Any customer may terminate his service contract with the Borough Council and have his water service discontinued upon written notice to the Borough Council and payment of the turn-off charge. The customer shall remain liable for water furnished to the premises.
(2) 
Discontinuance of service by the Borough Council for violation of this article shall not constitute a waiver of user charges.
Service may be renewed under a proper application when the conditions under which such service was discontinued are corrected, and upon the payment of all proper charges or amounts provided in the schedule of rates or rules of the Borough Council due from the applicant.
The Borough Council shall have the right to reserve a sufficient supply of water at all times in its storage facilities to provide for fire and other emergencies or may restrict or regulate the quantity of water used by customers in case of scarcity whenever the public welfare may require it.
The Borough Council shall have the right to cut off the water supply temporarily in order to make necessary repairs, connections and to do such other work as by necessity may arise in case of breakdown, emergency or for any other unavoidable cause. The Borough Council will use all reasonable and practical measures to notify the customer of such discontinuance of service. In such cases, the Borough Council shall not be liable for any damage or inconvenience suffered by the customer or for any claim against it at any time for interruption in service, lessening of the supply, inadequate pressure, poor quality of water, or for any other causes beyond its control. Such temporary shutoff of water supply shall not entitle the customer to any abatement or deduction in water service charges, nor the refund of any portion of such service charges paid in advance during or for the time of such shutoff; notice will be given when practicable to all customers affected by the shutoff, stating the probable duration of the interruption of service and also the purpose for which the shutoff is made. Nothing in this article contained, however, shall be construed as a guarantee, covenant or agreement of the Borough Council to give notice of any shutoff due to emergencies or otherwise.
A. 
The private fire hydrant or fire hydrants installed on a separate fire service main will be subject to flat charges set forth under the rate schedule and will be subject to a special contract and to the rules and regulations controlling such service.
B. 
When a special contract is entered into by the Borough Council with a private party for a private fire hydrant which is to be located in a public street or thoroughfare, the hydrant, with service connection, will be installed at the expense of the applicant.
C. 
When a hydrant is to be located within the yard of the customer's premises, the entire installation from the street main to and including the hydrant shall be installed at the expense of the customer.
D. 
Such connections, where allowed, are to be used solely for the extinguishment of fire and for no other purpose except upon the written consent of the Borough Council, and any violation of this provision shall be cause for the cancellation of the contract and discontinuance of the service.
E. 
The following regulations shall apply to the installation and testing of pipes for fire protection purposes:
(1) 
Pipes for fire protection purposes shall be fitted with only such fixtures as are needed for fire protection, and such fixtures shall be sealed by the Superintendent.
(2) 
Any person having connections used for fire protection may test such apparatus at any time under the following conditions:
(a) 
Written notice shall be given to the Superintendent that such test is desired, and the Superintendent shall then assign to the applicant a day and hour when such test can begin.
(b) 
All tests shall be in the presence of the Superintendent or an employee of the waterworks assigned by the Superintendent for that purpose, and the sole duty of the Superintendent or such employee shall be to remove and replace the seal of the Superintendent used on such fire protection apparatus and to note the time required for his presence.
(3) 
No seal shall be removed from any fire protection apparatus except in case of fire, and in such cases the owner or occupant of the premises where such apparatus is located shall make a written report of that fact within 24 hours of its occurrence.
A. 
A written application prepared on the form furnished by the Borough Council must be submitted for the purpose of requesting a special fire connection for private fire protection service.
B. 
The application shall be accompanied by accurate plans showing the proposed fire protection system and appurtenances and showing any other water supply and appurtenances which may exist on the premises.
The application does not bind the Borough Council to approve the requested special connection. The Borough Council will make an engineering study of each proposed installation to determine whether such a connection will in any way endanger the general water service in the vicinity. The Borough Council shall reserve the right to refuse approval of an application for private fire service. The Borough Council further reserves the right to make an approval subject to the installation of adequate storage facilities and related appurtenances on the premises thereof, if found necessary in order to permit maintenance of adequate water service to other customers.
All service connections for fire service shall be at the expense of the customer and installed by the Borough Council. The customer will be charged the exact cost of labor and materials used in the work with an addition of 15% to cover the cost of supervision, etc.
A. 
Meters shall be required on connections providing service for fire protection if such connections are not used exclusively for fire service. The fire service shall be subject to the flat rates for private fire service (rate schedule). The cost of the meter and installation and structure shall be paid by the customer.
B. 
If a meter is installed in connection with this type of service, payment shall be in accordance with the regular metered rates as shown in the rate schedule.
It is agreed by the parties receiving public or private fire service that the Borough Council does not guarantee any specific pressure or capacity. It is agreed by the parties receiving service that the Borough Council shall be free and exempt from any and all claims for injury to any persons or property by reason of fire, water or failure to supply water pressure or capacity.
The final approval of an application and furnishing of private fire protection service will be subject to the execution of a contract between the responsible parties and the Borough Council containing the following terms and conditions:
A. 
The Borough Council's designated representatives, with proper identification, shall have the right to enter the premises of the applicant at any reasonable time for the purpose of making such inspections as it may deem necessary, and it shall have the right to attach any testing device or use any means which it may elect to determine the condition of the pipe and appurtenances.
B. 
All fixtures and openings (other than the control valves) shall be kept closed and sealed and not opened or used except during times of fire. Upon the extinguishment of each fire, the applicant shall immediately notify the Borough Council so that said fixtures and openings can again be closed and sealed.
C. 
The applicant agrees the Borough Council shall not be considered in any manner an insurer of property or persons or to have undertaken to extinguish fire or to protect any persons or property against loss or damage by fire or otherwise.
D. 
The applicant does not contemplate uses of fixtures other than stated. If a supply of water for use other than extinguishment of fire is desired by the applicant, then it shall be taken through a service pipe separately connected, directly or indirectly, with the service pipe contemplated by this application. Any waste of water or use of water for purposes other than the extinguishment of fire through this connection shall be deemed a violation of the terms and conditions of this application and the rules and regulations of the Borough Council.
E. 
The rights and obligations of the applicant shall be subject at all times to the rates, rules and regulations of the Borough Council that now exist or which may hereafter be adopted.
F. 
The applicant agrees to obtain in advance the approval of the Borough Council for any change, alteration, addition or deduction contemplated in the fixtures, openings and uses herein specified.
G. 
Upon acceptance by the Borough Council and the completion of the service connection, the application shall be in force as a contract and shall continue as such until cancelled by written notice by the applicant.
The extension of waterlines from the water system of the Borough Council shall be in accordance with the following rules and regulations. All waterline extensions shall be connected to main lines owned by the Borough Council and shall be required in all or any of the following instances:
A. 
For the furnishing of water service to an individual premises whose front property line does not abut a main waterline installed in a public right-of-way and owned by the Borough Council.
B. 
For the furnishing of water service to a group of individual premises whose front property lines do not abut main waterlines installed in a public right-of-way and owned by the Borough Council.
C. 
For the furnishing of water service to a group of premises located within the limits of a recorded plan of lots where the developer of the plan is desirous of obtaining such service for the lots.
D. 
For the furnishing of public or private fire service to the Borough Council or a private individual company or others requesting such service where no Borough Council owned lines are installed in public rights-of-way or where existing Borough Council owned lines are not capable of producing the requested fire flows.
E. 
For the furnishing of a requested quantity of water for a premises or group of premises which is beyond the capability of the existing Borough Council system in the area where service is required.
F. 
Such other similar instances.
A written application must be submitted to the Borough Council for the purpose of requesting approval of a waterline extension and water service. The application shall be accompanied by plans showing the proposed location of the extension and other pertinent conditions. The application shall be signed by the owner or owners and shall be subject to the terms and conditions as are set forth and included and to the execution of an agreement(s) which, together with the rules and regulations of the Borough Council, shall regulate and control the installation of waterline extensions and the furnishing of water service.
The owner shall enter into an agreement with the Borough Council prior to the execution of any work, the agreement to contain such pertinent conditions as the following:
A. 
The cost of all work to be borne by the owner.
B. 
The materials and workmanship to be in accordance with the Standard Specifications of the Borough Council.
C. 
The highways and streets in which water main extensions are to be located must be dedicated to public use.
D. 
The ownership title to all installations to be conveyed to and vested in the Borough Council.
The extension of a waterline shall include the entire quantity of pipeline and appurtenant facilities required to conduct the supply of water from the point of connection to the existing distribution system of the Borough Council to and across the entire frontage of the last property for which the owner has requested water service.
The owner shall deposit with the Borough Council, in cash at the time of the execution of the escrow agreement, 130% of the estimated cost to be held in escrow to pay for work to be done by the owner pursuant to certain developer- Borough Council agreements. A bond, if acceptable to the Borough Council, may be posted in lieu of cash. If a bond is posted, the owner shall post 10% thereof in cash with the Borough Council at the time of the posting of the bond. The cash deposit shall be used by the Borough Council from time to time to pay actual engineering, legal, administrative, and other costs incidental to the project of the owner. If the deposit is not sufficient to cover all actual costs to the Borough Council, the owner shall pay the difference within 30 days after presentation of a statement certified by the Borough Council's Secretary. If the amount of the cash deposit is in excess of the actual costs incurred, a refund of the unused portion will be returned to the owner at the time of acceptance of the work by the Borough Council.
The entire cost of the waterline extensions, including the cost of fire hydrants and other appurtenances and facilities, shall be borne by the owners, the Borough Council to be subject to no cost. The cost of the waterline extension or installation shall include the following:
A. 
The cost of waterlines at least six inches and not more than eight inches in size. The minimum size shall be eight inches in all locations where the line will serve as a main transmission line and/or is necessary for proper future expansion and development of the system.
B. 
The cost of connections to the existing main lines.
C. 
The cost of all main line meters, valves, valve boxes, fittings, fire hydrants, and all related work.
D. 
The cost of all land and rights-of-way.
The following regulations shall be in effect in order to prevent waste or excessive use of water or irregularity of pressure.
A. 
The Superintendent may inquire into and investigate into the cause of any unusual flow or apparently unnecessary waste of water upon any premises furnished with water from the waterworks. If the said flow or waste results from want of repair of any pipe or other fixture, the Superintendent shall require the owner of such premises to make such necessary repairs within 10 days, and upon failure of such owner to make such repairs within the time limit, the Superintendent shall have authority to shut off the supply of water leading to such premises. Such water shall not again be turned on until the customer shall have made the required repairs and paid the fee provided in the rate schedule.
B. 
No person shall use the Borough water or permit it to be used for any purpose other than that declared at the time the permit mentioned in § 2.3 was obtained.
C. 
No person shall allow water fixtures to run when not in use for the purpose for which intended.
D. 
No person shall allow water to flow continuously in order to guard against freezing or for any other purpose, except by special permission from the Superintendent, provided that the Superintendent may at any time rescind such special permission when he shall deem its continuance to be detrimental to the operation of the waterworks and the service available to other customers.
E. 
Except in case of fire, no large current of water shall be permitted to flow at intervals causing irregularity of pressure. The use of fixtures that may create water hammers is prohibited.
F. 
Borough Council may in time of emergency restrict the uses to which water may be put.
G. 
No person or persons shall willfully injure the waterworks or open any pipe, main, hydrant or any other device connected with the same so as to occasion a wanton or willful waste of water or inconvenience or damage to the citizens.
All plumbers working in the Borough shall observe the following regulations and requirements:
A. 
No plumber shall do any work within the Borough that would result in a violation of any of the provision of this article.
B. 
Every plumber shall, within 24 hours after the discovery thereof, report to the Superintendent any plumbing installation or use of water that is contrary to any of the provisions of this article which might come to his notice.
C. 
During the winter months, every plumber shall make a weekly report to the Superintendent of all frozen water pipes and fixtures that may have required his attention or may have been brought to his attention during the preceding week, with the cause thereof as nearly as he can ascertain.
D. 
All reports of plumbers shall be made upon official forms obtainable at the office of the Superintendent.
E. 
Whenever Borough water is introduced into any premises, or changes are made in any water pipes or fixtures that might affect the supply or the security against frost, the plumber doing such work shall notify the Superintendent of the location and nature of such work, and the Superintendent shall thereupon cause such work to be promptly and carefully inspected. No water shall be turned on permanently in any location until the Superintendent shall be satisfied that every applicable provision of this article has been complied with. Prior to such approval of the Superintendent, water shall be turned on by the plumber only as may be necessary in order to test his work.
Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine and costs of prosecution for each and every violation.