Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
AUTHORITY
The Tamaqua Borough Authority, a municipality authority incorporated,
organized and existing under provisions of the Pennsylvania Municipality
Authorities Act of 1945, approved May 2, 1945, P.L. 382, as amended
and supplemented.
BOROUGH
The Borough of Tamaqua, Schuylkill County, Pennsylvania,
a Pennsylvania municipal corporation, acting by and through its Council
or its properly authorized officers, agents or employees.
COMMERCIAL ESTABLISHMENT
Each building, room, group of rooms or other enclosure connected
directly or indirectly to the water system and used or intended for
use in the operation of one business enterprise for the sale and distribution
of any product, commodity, article or service.
CONSUMER
A party who holds a fee simple title to a property and who
has contracted for a supply of water to said property, or who has
contracted on behalf of his, her, or its tenant for a supply of water
to said property as hereinafter classified. (See "consumer unit.")
[Amended 3-1-1974 by Ord.
No. 331]
CONSUMER UNIT
Any of the following:
A.
A building under one roof and occupied by one family or business;
or
B.
A combination of buildings in one enclosure or group and occupied
by one family or business; or
C.
One side of a double building or house having a solid vertical
partition wall; or
D.
A building, house or other structure, or any room, group of
rooms or part thereof, occupied by more than one family or business,
the water fixtures of which are used in common; or
E.
Each room or group of rooms in a building occupied or intended
for occupancy as a separate business or as separate living quarters
by a family or other group of persons living together or by a person
living alone, the water fixtures of which are not used in common;
or
F.
Each apartment, office or suite of offices in a building or
house having several such apartments, offices or suites of offices
and using in common one or more hallways and one or more means of
entrance.
COUNCIL
The group of elected officials acting as the governing body
of the Borough.
DWELLING UNIT
Each building, room, group of rooms or other enclosure connected
directly or indirectly to the water system and occupied or intended
for occupancy as separate living quarters by a family or other group
of persons living together or by a person living alone.
INDUSTRIAL ESTABLISHMENT
Each building, room, group of rooms or other enclosure connected
directly or indirectly to the water system and used or intended for
use in the operation of one business enterprise for manufacturing,
processing, cleaning, laundering or assembling any product, commodity
or article.
INSTITUTIONAL ESTABLISHMENT
Any building, room, group of rooms or other enclosure connected
directly or indirectly to the water system which does not constitute
a commercial establishment, a dwelling unit or an industrial establishment.
PERSON
An individual, a partnership, an association, a corporation,
a joint stock company, a trust, an unincorporated association, a governmental
body, a political subdivision, a municipality, a municipality authority
or any other group or entity.
WATER SYSTEM
All waterworks, water supply works and water transmission
and distribution system facilities and properties and facilities related
thereto at any time owned by the Authority and used or useful in the
supply, transmission and distribution of water to the public, together
with all appurtenant facilities and properties so owned by the Authority,
including all property, real, personal and mixed, rights, powers,
licenses, easements, rights-of-way, privileges, franchises and any
and all other property or interests in property of whatsoever nature
used or useful in connection with the supply, transmission and distribution
of water, all of the foregoing being leased by the Authority to this
Borough for operation and use.
[Amended 3-1-1974 by Ord.
No. 331]
The following water rates, rents and charges hereby are amended,
adopted, established and imposed upon each consumer within the Borough
limits, served or to be served with water service through the water
system for use thereof and for services rendered by this Borough in
connection therewith:
A. Flat rate schedule. The minimum water rate, rent, and charge for
each unmetered consumer unit receiving water service through the water
system shall be $15 per quarter annum.
[Amended 11-16-1982 by Ord. No. 408]
B. Metered rate schedule for industrial establishments and municipalities
situate within the Borough.
[Amended 12-17-1974 by Ord. No. 340]
|
Quantity
|
Rate Per Month
|
---|
|
Minimum charge per consumer unit
|
$2.40
|
|
For the first 500,000 gallons
|
$0.24 per 1,000 gallons
|
|
For the next 4,500,000 gallons
|
$0.17 per 1,000 gallons
|
|
For the next 35,000,000 gallons
|
$0.12 per 1,000 gallons
|
|
All over 40,000,000 gallons
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$0.09 per 1,000 gallons
|
C. Metered rate schedule for dwelling units, commercial establishments
and institutional establishments situate within the Borough.
[Amended 12-17-1974 by Ord. No. 340; 11-16-1982 by Ord. No. 408]
|
Quantity
(gallons)
|
Rate Per Quarter Annum
|
---|
|
First 6,000 or less, minimum
|
at $1.70/100 =
|
$ 10.20
|
|
Next 6,000
|
at $0.80/1,000 =
|
$4.80
|
|
Next 13,000
|
at $0.30/1,000 =
|
$3.90
|
|
Next 25,000
|
at $0.22/1,000 =
|
$5.50
|
|
Next 50,000
|
at $0.20/1,000 =
|
$10.00
|
|
Next 100,000
|
at $0.17/1,000 =
|
$17.00
|
|
Next 400,000
|
at $0.15/1,000 =
|
$60.00
|
|
All over 600,000
|
at $0.11/1,000
|
|
D. Multiple consumer units.
(1) Where more than one consumer unit is located in one building, house
or other structure owned by one consumer and such building, house
or other structure, at the discretion of this Borough, is served by
one service connection, multiple charges per quarter shall be imposed
upon such consumer equal to the number of consumer units located in
such building, house or other structure. In the event that such building,
house or other structure is served by one meter, the multiple quarterly
charge shall be computed in the following manner:
(a)
The total consumption of water through such common water meter
shall be divided by the number of consumer units served thereby;
(b)
The schedule of meter rates for computing water rates, rents
and charges as established hereunder shall be applied to the resultant
quotient; and
(c)
The resultant pro rata rental and charge for each consumer unit
shall be multiplied by the number of such consumer units receiving
water service through such common water meter to arrive at the total
bill for all such consumer units served through the common meter.
(2) Provided, however, that there shall be charged the minimum quarterly
rental and charge for each consumer unit computed on the same basis
as if each consumer unit were connected separately and independently
with the water system.
E. Rights reserved by Borough. Nothing herein shall be construed to prevent the Council of the Borough from entering into separate agreements with persons for the furnishing of water service at rates, rents and charges other than as set forth in Subsections
A,
B,
C and
D of this section.
[Added 3-1-1974 by Ord.
No. 332]
A. Meter rates - outside.
(1) Rates outside the Borough.
|
Consumption Charges
|
---|
|
First 1,000 gallons or less per month
|
$3
|
First 3,000 gallons or less per quarter
|
$9
|
|
Next 9,000 gallons per month
|
or
|
27,000 gallons per quarter
|
$0.85 per 1,000 gallons
|
|
Next 160,000 gallons per month
|
or
|
480,000 gallons per quarter
|
$0.75 per 1,000 gallons
|
|
Next 1,330,000 gallons per month
|
or
|
3,990,00 gallons per quarter
|
$0.45 per 1,000 gallons
|
|
All over 1,500,000 gallons per month
|
or
|
4,500,000 gallons per quarter
|
$0.14 per 1,000 gallons
|
|
Minimum Charge
|
---|
|
5/8 inch
|
$3.00 per month
|
or
|
$9.00 per quarter
|
|
3/4 inch
|
$3.85 per month
|
or
|
$11.55 per quarter
|
|
1 inch
|
$5.55 per month
|
or
|
$16.65 per quarter
|
|
1 1/2 inch
|
$10.65 per month
|
or
|
$31.95 Per quarter
|
|
2 inch
|
$21.90 per month
|
or
|
$65.70 per quarter
|
|
3 inch
|
$36.90 per month
|
or
|
$110.70 per quarter
|
|
4 inch
|
$70.65 per month
|
or
|
$211.95 per quarter
|
|
6 inch
|
$130.65 per month
|
or
|
$391.95 per quarter
|
|
8 inch
|
$189.15 per month
|
or
|
$567.45 per quarter
|
|
10 inch
|
$279.15 per month
|
or
|
$837.45 per quarter
|
|
12 inch
|
$504.15 per month
|
or
|
$1,512.45 per quarter
|
(2) The customer shall pay the minimum charge only when the amount resulting
by applying the meter rates to the quantity of water consumed is less
than the said minimum charge. When such amount is greater than said
minimum charge, then that shall constitute the bill for service rendered.
B. Flat rate.
(1) Public fire protection. For each public fire hydrant, a charge of
$64 per annum payable quarterly in arrears.
(2) Private fire protection. For each private fire hydrant, a charge
of $64 per annum payable quarterly in arrears.
(3) For each standpipe, hose or sprinkler connection, charges per annum,
payable quarterly in arrears, based on the size of connection, are
as follows:
(a)
Eight-inch connection: $400.
(b)
Ten-inch connection: $624.
C. Standby service.
(1) Application. Standby service to Lansford-Coaldale Joint Authority.
(2) Minimum charge: $160 per month.
(3) Consumption charges. In accordance with schedule of rates applicable to general meter service, Subsection
A.
D. Rules and regulations.
(1) Application for service connection.
(a)
Any property owner desiring the introduction of a service line
or lines from the Borough main into his or her premises must first
make a written application on the form furnished, in the name of the
owner and tenant, the purpose for which service will be used, and
the guarantee that such service will continue for at least one year,
and the exact time when the trench from curb to property will be ready
for the connection.
(b)
The application must be signed by the owner of the premises,
or his duly authorized agent, which application shall together with
the rules and regulations of the Borough, regulate and control the
service of water to such premises.
(2) Application for water service. Any property owner desiring a supply
of water must make a written application on the form furnished by
the Borough at least one day before service is required, which must
be properly approved by the Borough or its duly authorized agent before
the water will be turned on.
(3) Definition of consumer. Each separate family and/or business, which
to a major degree is a separate institution, shall each be a "consumer."
CONSUMER
A party who holds a fee simple title to a property and who has contracted for a supply of water to said property, or who has contracted on behalf of his, her or its tenant for a supply of water to said property as hereinafter classified (see "consumer unit" in §
340-1):
(a)
A building under one roof and occupied as one business or residence;
or
(b)
A combination of buildings in one common enclosure occupied
by one family or business; or
(c)
The one side house of a double house having a solid vertical
partition wall; or
(d)
One side or part of a house occupied by one family even though
the closet and/or other fixtures be used in common; or
(e)
A building of more than one apartment and using in common one
hall and one entrance; or
(f)
A building having a number of apartments and/or offices and/or
businesses using in common one hall or one or more means of entrance.
(4) Written permit for consumer to supply persons or families. No owner
or tenant of any premises supplied with water by the Borough will
be allowed to supply other persons or families or other premises except
by written permit from the Borough. Consumers who violate this rule
may have their water shut off after a notice of five days, and it
will be so until the Borough is satisfied that the rules and regulations
will be observed.
(5) Service lines to curb.
(a)
Upon the approval of the application of any property owner for
a supply of water, the Borough will tap the main, insert a corporation
cock, carry the service pipe to the curb and install a curb stop and
service box.
(b)
The Borough will be responsible for the maintenance and repairs
of the service line between the main and the curbline.
(c)
Service lines will not be installed when the service line passes
over or through premises which at the time may be the property of
persons other than the owner of the premises to be supplied, unless
the owner of the premises supplied assumes the liability.
(6) Service lines from curb to premises. The service line beyond the
curb stop shall be installed and maintained by and at the expense
of the consumer. The portion of the service line installed by the
consumer shall be not less in size and quality than the service line
in the street laid by the Borough, and shall be laid not less than
four feet below the surface, and shall not be covered until the tap
on the main is made and service line tested. If any defects in workmanship
are found the service shall not be turned on until such defects are
remedied. All plumbing connections should be able to withstand a pressure
of at least 125 pounds per square inch.
(7) Responsibility for condition of service line from curb to premises.
The service line from the curb to the premises shall be kept in good
condition by the owner under penalty of discontinuance of service
by the Borough.
(8) Opening and closing valve and stop cocks. Under no circumstances
shall any person not authorized by the Borough open or close the stop
cocks or valves in any public or private line.
(9) Two or more consumers on same service line. In case two or more consumers
are supplied with water from the same service pipe, a distinct and
separate stop cock and curb box will be provided for each consumer,
if practical.
(10)
Bills rendered. All bills will be rendered at stated intervals,
either monthly, or quarterly, at the option of the Borough. If bills
are rendered monthly, they will cover a charge for service rendered
during that month. If bills are rendered quarterly, they will cover
bills for service rendered during that quarter.
(11)
Bills due and payable.
(a)
All bills for water service shall be due and payable when rendered.
On all water bills remaining unpaid 30 days after the service has
been furnished, a penalty of 5% will be added. Delinquency in payment
of bills for 30 days after the service is furnished warrants the Borough
to disconnect the service upon seven days' notice.
(b)
Remittance in payment of bills sent by mail, on or previous
to the last day of the non-penalty period, as evidenced by the United
States Post Office mark on the envelope in which they are received,
will be accepted by the Borough as a tender of payment of the bill
within such non-penalty period.
(c)
When the water is shut off for nonpayment of bills, the same
will not be turned on until all arrearages are paid.
(12)
Investigation of bills of doubtful accuracy. Any consumer, upon
receipt of bill, having reason to doubt its accuracy, shall bring
or mail the bill, within five days, to the Borough for investigation.
(13)
Ownership of meters. The Borough will furnish and set meters
and connections free of charge. The meter and connection shall remain
the property of the Borough, and access to same for reading of the
meter, inspection, testing, repairs, etc., must be permitted at all
reasonable times by the consumer.
(14)
Location of meters. The Borough will determine the location
for all meters. If the Borough decides that the meter is to be placed
within the building, the consumer will provide, free of charge and
expense to the Borough, an easily accessible place in the cellar near
the entrance of service pipes to cellar, with a stop and waste cock
on the inlet side of the meter and a stop and waste cock on the outlet
side of the meter; the stop and waste cock on the outlet side of the
meter will be furnished and installed at the expense of the consumer.
If the Borough decides that the meter is to be placed outside of the
building, it must be placed in an approved meter box at the expense
of the consumer and must have suitable stop and waste valves approved
by the Borough.
(15)
Protection of meter. The consumer must, at all times, properly
protect the meter from injury by frost or any other cause and will
be held responsible for repairs to the meter made necessary due to
their negligence. Damage due to freezing, hot water, or external cause
shall be paid for by the consumer.
(16)
Meter tests.
(a)
In case of a disputed account involving the accuracy of a meter,
such meter shall be tested, upon the request of the applicant, in
conformity with the provisions of the rules and regulations pertaining
to water service utilities of the Public Utility Commission.
(b)
When meters are removed after installation, at the request of
the applicant, for testing, the following rule of the Public Utility
Commission shall apply:
|
"If the meter so tested shall be found to be accurate within
the limits herein specified, a fee determined from the schedule indicated
below, shall be paid to the utility by the customer requiring such
test; but if not so found, then the cost thereof shall be borne by
the utility furnishing the service. The amount of the fee shall be
$2 for each water meter having an outlet not exceeding one inch; for
other water meters having an outlet not exceeding two inches, the
test fee shall be $5 per meter."
|
(c)
Rates for testing meters not included in the above classification,
or which are so located that the cost is out of proportion to the
fee specified, will be furnished by the Commission.
(d)
If a meter is found to be in error at any test by more than
4%, an allowance or charge shall be made to the customer by the utility
equal to the excess or deficiency in quantity charged the customer,
figured back from the date of test through the entire period of the
current bill, unless it can be shown that the error is due to an accident
or other cause, the exact date of which can be determined, in which
case it shall be figured back to such date.
(17)
Leaks and defective plumbing. The Borough shall not be liable
for any damage resulting from leaks, broken pipes, or from any other
cause, occurring to or within any house or building, or between curb
stop and meter, and it is expressly stipulated by and between the
Borough and the consumer, that no claims shall be made against the
said Borough on account of the bursting or breaking of any main or
service pipe or any attachment to said water works.
(18)
Leaks or waste. All water passing through a meter shall be charged
for at the regular rate, and no allowance will be made for excessive
consumption due to leaks or waste.
(19)
Use of hydrants.
(a)
All persons forbidden to open any fire hydrant or to use any
water therefrom for sprinkling streets, for building or any purpose
without permission, in writing, from the Borough, under the penalty
prescribed by law, except in case of fire, and by fire companies to
test the hydrants, such tests shall be made directly under the supervision
of an authorized agent of the Borough.
(b)
The consumer will understand that fire protection charges are
mainly a compensation for "standing ready to serve" and that for said
charge the use of water is not contemplated except for the actual
extinguishing of fires or for testing fire hydrants, systems, and
apparatus which shall not be done without first notifying officials
of the Borough. If used otherwise, a consumption charge, in accordance
with the rates published, will be imposed.
(20)
Turning off water.
(a)
The Borough reserves the right at all times, after due notice,
to shut off the water for nonpayment of water bills, or for neglect
or refusal to comply with the rules and regulations of the Borough.
(b)
Service under application may be discontinued for any of the
following reasons:
[1]
For misrepresentation in application as to property or fixtures
to be supplied or the use to be made of the water supply;
[2]
For the use of water for any other property or purpose than
that described in the application;
[3]
For waste of water through improper or imperfect pipes, fixtures,
or otherwise;
[4]
For failure to maintain, in good order, connection, service
lines or fixtures beyond the curb and owned by the applicant;
[5]
For molesting any service pipe, meter, curb stop, or seal, or
any appliance of the Borough;
[6]
In case of vacancy of the premises;
[7]
For violation of any rules of the Borough;
[8]
For neglecting to make payments of charges for water service
within the period herein specified or failure to pay any other fee
or charge herein provided;
[9]
For refusal of access to property for purpose of inspecting,
or for reading, caring for, or removing meters;
[10] The Borough shall have the right to cut off the
water without notice in case of breakdowns or for other unavoidable
causes, or for the purpose of making necessary repairs, connections,
etc. Reasonable notice will be given when practicable. In no case
shall the Borough be liable for any damage or inconvenience suffered.
[11] A service charge of $5 will be imposed by the Borough to turn off water and a similar charge of $5 will be imposed for turning on the water, in cases where it becomes necessary due to the delinquency of bills. A similar charge will be made for turning off the water and for turning on the water for consumers who apply under Subsection
D(24) herein.
(21)
Supply of water.
(a)
The Borough shall not be liable for a deficiency or failure
in the supply, when occasioned by shutting off water to make repairs,
or connections or failure from any cause beyond control.
(b)
The Borough reserves the right to restrict the supply of water
in case of scarcity or whenever the public welfare may require it.
(22)
Vacating the premises. A consumer desiring abatement of a water
bill due to a vacancy shall give notice, in writing, to the Borough
requesting water service to be shut off. All vacancies shall date
from the day the required notice is received by the Borough or from
the date specified on the notice upon which water service is to be
shut off, whichever is later. Allowance shall be made for the period
of vacancy in computing the bill of the consumer; provided, however,
that no abatement shall be made for a period of less than one month.
(23)
Connection or outlets between main and meter. No connection,
or outlet, will be permitted on the service pipe, or pipes, supplying
any premises, between the street main and the meter. All water used
must pass through the meter.
(24)
Deposits from consumers.
(a)
Deposits may be required from all consumers in an amount equal
to the estimated gross bill for any single billing period plus one
month, with a minimum of $5.
(b)
Deposits will be returned to the depositor when he has established
his credit to the satisfaction of the Borough.
(c)
The deposit will bear interest at the rate of 6% annum.
(d)
Any consumer having a deposit shall pay bills for water service
as rendered, in accordance with the rules of the Borough, and the
deposit shall not be considered as payment on the account of a bill
during the time the consumer is receiving water service.
(25)
Multiple units. Where more than one consumer unit is located
in one building, house or other structure owned by one consumer, and
such building, house or other structure, at the discretion of the
Borough, is served by one service connection, multiple charges per
quarter shall be imposed upon such consumer equal to the number of
consumer units located in such building, house or other structure.
In the event that such building, house or other structure is served
by one meter, the multiple quarterly charge shall be computed in the
following manner: (1) the total consumption of water through such
common water meter shall be divided by the number of consumer units
served thereby; (2) the schedule of meter rates as shown herein shall
be applied to the resultant quotient; and (3) the resultant pro rata
rental and charge for each consumer unit shall be multiplied by the
number of such consumer units receiving water service through such
common water meter to arrive at the total bill for all such consumer
units served through the common meter; provided, however, that there
shall be charged the minimum quarterly rental and charge for each
consumer unit computed on the same basis as if each consumer unit
were connected separately and independently.
(26)
Failure to receive bill. Failure to receive a bill shall not
exempt any consumer from the accruing of a penalty. The presentation
of a bill to the consumer is only a matter of accommodation and not
a waiver of this rule.
(27)
Service. All contracts for water shall continue in force from
month to month, but either party may cancel contract by giving 10
days' written notice that the contract shall terminate on the first
day of the month succeeding date of notice. For service beginning
during a monthly period, the minimum charge shall be pro rated to
the first day of the following month. In case water is turned off
at the curb at the end of any month, no further charge for water service
will be made until service is again requested.
(28)
Changing of rules and regulations. The Borough reserves the
right to change, or amend, from time to time, these rules and regulations
and the rates for the use of water in the manner provided by the Public
Utility Law.
E. This article shall become effective as of April 1, 1974.
Proper officers of this Borough hereby are authorized and directed
to do all things and to take all legal action necessary, including
the filing of municipal claims in accordance with law, to enforce
collection of water rates, rents and charges established and imposed
hereby and otherwise to carry out provisions hereof.
With respect to all consumer units connected with and served
by the water supply, transmission and distribution system owned by
this Borough and to be transferred and conveyed by this Borough to
the Authority and to be leased by the Authority, as lessor, to this
Borough, as lessee, for operation and use, this article shall become
effective as of June 1, 1964; and with respect to all other consumer
units served or to be served by the water system, this article shall
become effective immediately upon acquisition by the Authority of
the water distribution system serving such consumer units and constituting
the water system, known as the "Still Creek-Hometown System," formerly
owned and operated by the Panther Valley Water Company.
The Borough reserves the right to repeal, amend or modify this
article or any part thereof or to change the water rates, rents and
charges established and imposed by this article in such manner and
at such times as, in the opinion of the Council of this Borough, shall
be necessary and/or desirable, all after due legal procedure.
It is declared that the enactment of this article is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of this Borough.