Article I Water Rates

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:

The total consumption of water through such common water meter shall be divided by the number of consumer units served thereby;

The schedule of meter rates for computing water rates, rents and charges as established hereunder shall be applied to the resultant quotient; and

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.

§ 340-3 Water rates, rents and charges for establishments outside Borough.

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.

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]

Meter rates - outside.

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

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.

Flat rate.

Public fire protection. For each public fire hydrant, a charge of $64 per annum payable quarterly in arrears.

Private fire protection. For each private fire hydrant, a charge of $64 per annum payable quarterly in arrears.

For each standpipe, hose or sprinkler connection, charges per annum, payable quarterly in arrears, based on the size of connection, are as follows:

Eight-inch connection: $400.

Ten-inch connection: $624.

Standby service.

Application. Standby service to Lansford-Coaldale Joint Authority.

Minimum charge: $160 per month.

Consumption charges. In accordance with schedule of rates applicable to general meter service, Subsection A.

Rules and regulations.

Application for service connection.

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.

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.

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.

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 building under one roof and occupied as one business or residence; or

A combination of buildings in one common enclosure occupied by one family or business; or

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.

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.

The Borough will be responsible for the maintenance and repairs of the service line between the main and the curbline.

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.

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.

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.

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.

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.

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."

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.

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.

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.

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.

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.

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.

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.

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.

Deposits will be returned to the depositor when he has established his credit to the satisfaction of the Borough.

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[1].

[1]

Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

This article shall become effective as of April 1, 1974.

§ 340-4 Billing and payment.

All water bills will be made out only in the name of the property owner, whom the Water Department, Borough of Tamaqua, will hold responsible for their payment and, in the event of a change of ownership, the purchaser will be held for all unpaid water rents assessed to said property.

[Amended 4-5-1977 by Ord. No. 359]

All bills for water service shall be due and payable as of the date thereof. If bills for water service shall not be paid within 15 days after such shall become due and payable, a penalty of 5% shall be added. Payments mailed and postmarked on or before such fifteenth day shall be deemed to be payments within the period allowed for payment without penalty. If such 15th day shall be a legal holiday or a Sunday, payments made on or mailed and postmarked on the next succeeding business day not a legal holiday shall be deemed to be payments within the period allowed for payment without penalty.

A consumer whose water service remains unpaid for a period of 30 days after the same becomes due and payable, is on the same line as a consumer whose water service is current at all times, shall be ordered, upon seven days' notice by this Borough, to have his own separate line installed.

[Amended 4-5-1977 by Ord. No. 359]

Whenever water service to any consumer unit shall begin after the first day or shall terminate before the last day of any billing period, the water rate, rent and charge for such period shall be pro-rated equitably for that portion of the billing period during which service was provided.

A consumer desiring abatement of a water bill due to a vacancy shall give notice, in writing, to this Borough requesting water service to be shut off. All vacancies shall date from the day the required notice is received by this 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.

Every consumer initially shall provide this Borough with and thereafter shall keep this Borough advised of his correct address. Failure of any person to receive bills for water rates, rents and charges shall not be considered an excuse for nonpayment nor shall such failure result in an extension of the period of time during which such bills shall be payable without penalty.

§ 340-5 Enforcement.

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.

§ 340-6 Rules and regulations.

This Borough, from time to time, in accordance with law, by appropriate ordinance or resolution, may adopt such additional rules and regulations as, in the opinion of the Council of this Borough, may be desirable, beneficial or necessary for or in connection with use and operation of the water service facilities being operated by this Borough and which shall govern and control the distribution and supply of water.

Any such rules and regulations shall be construed in conjunction with provisions hereof and shall become effective upon the date fixed by this Borough upon adoption thereof.

A service charge of $20 will be imposed by the Borough of Tamaqua to turn off water and a service charge of $10 will be imposed for turning on the water in cases where it becomes necessary due to delinquency in payment of water bills. A similar charge will be imposed for turning off the water and for turning on the water for consumers who apply under § 340-4E, Billing and payment.

[Amended 3-1-1974 by Ord. No. 331; 3-17-1992 by Ord. No. 473]

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.

[Amended 3-1-1974 by Ord. No. 331]

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.

[Amended 3-1-1974 by Ord. No. 331]

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 notice of five days, and it will be so until the Borough is satisfied that the rules and regulations will be observed.

[Added 11-16-1982 by Ord. No. 408]

Service line approval, responsibility, maintenance and prohibition.

[Added 11-16-1982 by Ord. No. 408]

Upon the approval of the application of any domestic 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.

The Borough will be responsible for the maintenance and repairs of the domestic service line between the main and the curbline.