[HISTORY: Adopted by the City Council of the City of Lock
Haven as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers and sewage disposal — See Ch. 328.
[Adopted 12-27-1979 by Ord. No. 98B; amended in its entirety 6-3-1996 by Ord. No. 507B (Ch.
26, Part 1, of the 2003 Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
Any party receiving water from the City.
A party who contracts for water service to a property, which
property is hereinafter described as follows, but not limited to such
description:
A building under one roof, owned or leased by one party and
occupied as one residence or business, shall be considered as one
customer.
A group or combination of buildings owned or leased by one party,
in one common enclosure and occupied by one family or business as
a residence or a place of business, or for manufacturing or industrial
purposes, or as a hospital or other institution shall be considered
as one customer.
A public building such as a town hall, schoolhouse, fire engine
house, etc., shall be considered as one customer.
The service pipe beginning at its connection with the street
main and ending with and including the curb stop box, generally just
inside the line of the curb.
A.
Service connections will be made and water will be furnished upon
written application by the prospective customer, or his properly authorized
agent, on the form furnished by the water office, at least two weeks
before service is required and upon approval by the Water Department
or its duly authorized agent.
B.
The application and its acceptance by the City of Lock Haven Water
Department shall constitute a contract between the City and the applicant
obligating the applicant to pay the City its rates for water service
from the date the water is turned on.
C.
The rules and regulations are part of the contract with every person,
municipal authority or political subdivision which takes water service,
and every such person, authority or political subdivision, by contracting
with the City, agrees to be bound thereby.
D.
A customer who has made application for water service to any property
shall be held liable for all water service furnished to such property
until such time as the customer properly notifies the City Water Department
to discontinue the service for his account.
E.
A new application for service must be made to, and approved by, the
City Water Department upon any change in the ownership of the property
or in the service as described in the application.
F.
No agreement will be entered into by the City Water Department with
any applicant for water service until all arrearages for water service
rendered at any property now or heretofore owned or occupied by him
shall have been paid or until satisfactory arrangements for payment
of such unpaid bill have been made.
G.
The payment of any undisputed bill, within the meaning of the Public
Utility Law,[1] shall be payment of the bill, with or without interest, within 30 days for residential and commercial customers following the date of the bill, except in the case of bills to the Commonwealth of Pennsylvania. (See § 394-7C.)
[1]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
H.
Upon approval of the application made by any customer for a supply
of water, the City will tap the main, insert the corporation stop,
install the service line to the curb or property line and install
the curb stop, service box and meter at its expense. The City will
supply a meter setter at the customer's expense for basement settings.
I.
Adequate pressure must be available to provide proper service, which
determination will be by the City.
A.
The City will install and maintain, at its own cost and expense,
all service connections for general service. Service connections for
special service not considered to be permanent shall be installed
and maintained, unless otherwise provided, at the expense of the applicant.
B.
The service line beyond the curb stop shall be installed and maintained
by and at the expense of the customer. The portion of the service
line installed by the customer shall not be less in size and quality
than the service line in the street laid by the City and shall be
laid not less than 48 inches below the surface and shall not be covered
until the top on the main is made and the service line tested. If
any defects in workmanship are found, the service shall not be turned
on until such defects are remedied. All service pipes must meet the
specifications established by the City and be installed to the specifications
of the pipe manufacturer and the City. The minimum service line shall
be 3/4 inch.
C.
The service line from the curb to the premises of the customer shall
be kept in good condition by the customer under penalty of discontinuance
of service by the City. No service line shall be laid in the same
trench with any gas pipe, sewer pipe or any other facility of a public
service company, nor within three feet of any manhole, vault or open
ditch.
D.
A service line will be used to supply property only. No property
shall have more than one service connection, except where impossible
or impracticable to adequately furnish water thereto through one service
connection, in which event the City may agree to the installation
and use of more than one service connection. In case two or more customers
are supplied with water from the same service pipe, a distinct and
separate curb stop and curb box will be provided for each customer.
E.
Where two or more premises are supplied through a single service,
and it is not possible to provide a separate curb stop for each premises,
any violation of these rules by either or any of the consumers shall
be deemed a violation as to all, and unless said violation is corrected,
the City may, after reasonable notice (30 days), take such action
as can be taken for a single customer, except that such action shall
not be taken until the innocent consumer, who has not violated the
rules and regulations, has been given a reasonable opportunity to
attach his service pipe to a separately controlled service connection
and make application to become a customer.
F.
Service lines will not be installed when the service line must pass
through property which, at the time, may be the property of a party
other than the owner of the premises to be supplied, unless the owner
of the premises supplied provides, in writing, all necessary rights-of-way
in the name of Lock Haven City Authority and assumes all liability
and provides free access for installation and maintenance.
G.
Curb stops at the curbline are for the exclusive use of the City
and shall not be used by the consumer or customer. The customer shall
have installed on his service line a stop and waste valve, meter and
check valve to be located, in general, just inside the building wall
at the nearest point of entry. This stop and waste valve is the customer's
control of his water supply and will provide for the turn off of water
in case of leaks and to drain pipes to prevent freezing.
H.
The City reserves the right to require any customer to install on
or in conjunction with his service connection such valves, backflow
preventers, check valves, relief valves, pressure regulator, air chamber,
tank, float valves or other apparatus of approved design when and
where, in the opinion of the City, the conditions may require it for
the safeguarding and protection of the City's property or water supply.
I.
The City shall, in no event, be liable for any damage done by water
escaping from the service pipe or any other pipe or fixture on the
outlet side of the curb stop, and it is expressly understood by the
City and the customer that no claims shall be made against the City
on account of the bursting or breaking of any main or service pipe
or any attachment to said waterworks unless said damage is a direct
result of gross negligence on the part of the City. All leaks in service
lines from the curb stop to, in and upon the premises supplied shall
be promptly repaired. On failure to make repairs with reasonable dispatch,
the City will turn off the water, and it will not be again turned
on until all proper and necessary repairs are made and the sum of
$20 for turning on the water is paid in full.
J.
All water passing through a meter shall be billed at the regular
rate, and no allowance will be made for excessive consumption due
to leaks and waste.
K.
The proper officials of the City may prescribe the size, material
and weight per foot of the service pipe when it is deemed necessary
in order to give satisfactory service.
A.
In case of accident, breakdown, emergency or for any other unavoidable
cause, the City shall have the right to temporarily shut off the water
supply to make necessary repairs, renewals or replacements and shall
in no manner be held responsible for any consequences of such shutoffs.
B.
The City shall have the right to renew all service pipe from the
main to the curbline upon notification to resurface or rebuild any
street, alley or roadway.
C.
Every effort to give continuous and uninterrupted service will be
made by the City, and in the event of any shutoff, notice will be
given, when practicable, to all consumers affected. Nothing in these
rules shall be construed as a guarantee, covenant or agreement to
give such notice of shutoff or to give such continuous and uninterrupted
service, and such temporary shutoff of the water supply shall not
entitle the customer to any abatement or reduction in charges.
D.
Whenever the customer desires to have his service contract terminated,
he shall notify the City Water Department to that effect in writing.
The customer will be responsible for the payment for all services
rendered by the City until such written notice is received or until
water service is actually discontinued by the City.
E.
The properly identified agents of the City shall have, at all reasonable
hours, free access to all parts of the property to which water is
delivered for the purpose of inspection, examination of fixtures,
etc., and all persons using water must, at all times, answer all questions
asked of them relating to their service consumption.
F.
Under no circumstances shall any person not authorized by the City
open or close curb stops or valves in any public line.
Service under any contract may be discontinued, after due notice,
for any of the following reasons:
A.
For any misrepresentation in the application.
B.
For adding to said property or fixtures or altering the use to be
made of the water supplies, without notice to the City.
C.
For waste of water.
D.
For failure to maintain in good order any connection, service lines
or fixtures beyond the curb stop and owned by the customer.
E.
For molesting any service pipe, meter seal, curb stop or any appliance
of the Water Department.
F.
For neglecting to make payments of any account for water supplied
or service maintained.
G.
For refusal of access to property for purpose of inspection or for
reading, caring for or removing meters and to install remote meters.
H.
For failure to maintain a healthy atmosphere in the area where the
water meter is located or failure to maintain open access to the meter.
I.
For violation of any rules and regulations of the City.
When water service to any property has been terminated for any
reason, it will be renewed only after the acceptance of a new application
and when the conditions, circumstances or practices which cause the
water service to be discontinued are corrected to the satisfaction
of the City.
A.
All water bills shall be rendered quarterly for service during the
previous quarter. Bills for metered service shall be determined by
meter registration, unless the meter fails to register, in which case
a bill will be rendered based on previous average consumption. "Average
consumption," as used herein, is defined as the average of the previous
four quarters' actual usage. Estimated bills will not be included
in an average.
B.
All charges shall be due and payable upon presentation of bill(s)
covering service for the billing period completed and shall be payable
30 days from date of billing.
C.
If water rental and water service invoices are not paid within 30
days from the date of the bill, the Water Department will add to the
bill for service a late payment penalty at a monthly rate of 1 1/2%
for residential customers and 5% for all other customers. In the case
of bills to the Commonwealth of Pennsylvania, or any department or
institution thereof, the nonpenalty provision of all schedules are
extended as to provide a sixty-day period during which payment may
be made at net rates.
D.
The City will accept, without penalty, remittances bearing local
postmarks for the last day for payment without penalty.
E.
Payments in advance of furnishing service may be required for:
F.
Any customer, upon receipt of bill, having reason to doubt its accuracy
shall bring or mail the bill, within 10 days, to the Water Department
for investigation.
G.
Failure to receive a bill shall not exempt any customer from accruing
a penalty. The presentation of a bill to the customer is only a matter
of accommodation and not a waiver of the rules and regulations of
this article.
H.
Final billing. When a final billing is requested, and less than the
appropriate minimum number of gallons of water is consumed, the minimum
charge for the size meter in service will be assessed. Where multiple-unit
buildings are involved, if the total metered consumption divided by
the number of units results in a per-unit consumption figure of less
than the appropriate minimum number of gallons, the final bill shall
be based on the total metered consumption as if the building were
a single unit. The new customer on the premises will be afforded the
same courtesy in his initial bill.
I.
There shall be no service rendered free of charge.
J.
All water bills and water charges shall be the ultimate responsibility
of the customer or his authorized representative or agent.
K.
Payment may be made either in person or by mailing check, draft,
post office or express money order drawn to the order of "Water Department,
City of Lock Haven."
L.
Partial payments may be accepted upon approval of the Water Department; however, full payment must be made within 90 days from the date of billing. Customers may participate in a payment plan whereby the bill may be paid in two equal payments at no additional cost. Customers must execute a written payment agreement at the water office to participate. The first payment (50% of total bill) must be made by the normal due date of the bill and the second payment 30 days thereafter. If the first payment is not made by the normal due date, the full amount of the bill will be subject to the late payment penalty under Subsection C above. If the second payment is not made within 30 days after the normal due date, any unpaid balance will be subject to the late payment penalty under Subsection C.
M.
The water
rent or charge hereby imposed shall be a lien on the property served.
All such water rentals or charges not paid on or before the end of
one year from the date on which such bill was rendered shall be deemed
to be delinquent for the purposes of this article. All delinquent
water rentals or charges shall be filed and entered as a lien against
the property served, in the office of the Prothonotary of Clinton
County, in the manner provided by law for the filing and collection
of municipal claims.
[Added 7-12-2021 by Ord. No. 2021-03]
(1)
Collection procedures. The following collection procedures are hereby
established:
(a)
At least 30 days prior to assessing or imposing attorney fees
in connection with the collection of a sewer rent or charge, the City
shall mail or cause to be mailed, in accordance with statute, a notice
of such intention to the owner of record established by current real
estate tax records (the "account debtor").
(b)
All notices required by this subsection shall be mailed in accordance
with statute to the account debtor's last known post office address
as recorded in the Tax Assessment Office of Clinton County, Pennsylvania.
(c)
Each notice as described above shall include the following:
[1]
The amount of the claim for sewer charges, including penalty
and interest;
[2]
A statement of the City's intent to impose or assess attorney fees within 30 days after the mailing of the notice in accordance with Subsection M(1)(a);
[3]
The manner in which the assessment or imposition of attorney
fees may be avoided by payment of the account; and
[4]
The place of payment for accounts and the name and telephone
number of the Authority official designated as responsible for collection
matters.
(2)
Schedule of fees.
(a)
The City hereby approves the following schedule of attorney
fees for services in connection with the collection of delinquent
sewer rentals or charges, which is hereby determined to be fair and
reasonable compensation for the services set forth below, all in accordance
with the principles set forth in Section 3(a)(1) of the Municipal
Claims Law:
|
Legal Services
|
Fee For Services
|
|---|---|
|
Collection letter by certified mail, examination of courthouse
records and deed
|
$75
|
|
Collection letter by ordinary mail
|
$25
|
|
Municipal claim
|
$60
|
|
Praecipe for writ of scire facias sur municipal claim and writ
of scire facias sur municipal claim
|
$60
|
|
Notice of default judgment and transmittal letter
|
$50
|
|
Praecipe to dismiss claim
|
$10
|
|
Execution proceedings for sale of real estate - (uncontested)
|
$350
|
|
Hourly rate
|
$120
|
(b)
There shall be added to the above amounts reasonable out-of-pocket
expenses of counsel in connection with each of these services, as
itemized in the applicable counsel bills, which shall be deemed to
be part of the fees.
(c)
The amount of fees determined, as set forth above, shall be
added to the City's claim in each account.
A.
The City will, without charge, furnish and install for each customer
supplied with water a suitable meter of a type and size to be determined
by the City and will keep the same in repair, except in case of misuse
or damage by frost in a basement setting, hot water or external cause,
in which case the expense of repair must be borne by the customer.
Auxiliary water meters may be installed at the expense of the customer
with prior approval of the City Water Department.
B.
The customer will provide, at no expense to the City, a meter location
in an easily accessible place in the cellar near the entrance of service
pipes to the cellar, with a stop and waste valve at the inlet side
of the pipes to the cellar, with a stop and waste valve at the inlet
side of the meter and a check valve on the outlet side of the meter.[1] In any case where it is not convenient to place the meter
within the building, it must be placed in an approved meter box furnished
by the City at the expense of the customer, installed according to
City specifications with suitable stop and waste valves and backflow
connections. The installation must be inspected and approved by an
authorized representative of the Water Department before the service
will be turned on.
[1]
Editor's Note: The City will supply a meter setter at the
expense of the customer for all cellar or basement locations.
C.
Under no circumstances shall any party receive water from the City
without the water first passing through a water meter; any violation
hereof shall result in termination of service.
D.
Each customer shall have a separate meter.
E.
All water meters connected directly to the Lock Haven water system
shall be furnished by and remain the property of the Water Department.
The City will not furnish any additional or auxiliary water meter,
where the water to be metered by the additional meter has not been
previously metered.
F.
Meters will be maintained by the Water Department as far as ordinary
wear and tear is concerned, but the customer shall be responsible
for any injury to or loss of any meter arising out of or caused by
the customer's negligence or carelessness or that of his servants,
employees, members of his household or any person upon his property
under or by his consent or sufferance. The customer shall permit no
one, except an agent of the City, to remove, inspect or tamper with
the City meter or other property of the City on his premises.
G.
Meter bypass. All meters two inches in size or over are required
to have a bypass with approved valves. It is the responsibility of
the customer to provide all required bypasses and valves at his own
expense for all meters two inches and over in size presently installed,
which do not have an approved bypass and valves. If, for any reason,
a water meter which does not have an approved bypass cannot be repaired
or tested during regular working hours, the additional costs (overtime)
for working irregular hours shall and will be charged to the customer.
All valves on the approved bypass shall be sealed by the City.
H.
Remote reading meter.
(1)
The City shall have the right to install upon all metered properties
a remote reading device which shall be located at a mutually agreeable
spot on said property to be determined by the property owner and the
City.
(2)
Any structure hereafter built or moved within the service area of
the Lock Haven water system requiring the installation of water meters
shall be constructed so that the remote reading device connected to
the water meter shall be located outside the building, at a location
easily accessible to City personnel.
(3)
The City is hereby authorized to alter all existing water meters
so that a remote reading device connected to said meter is in a convenient
and accessible location. The cost of such alteration shall be borne
by the City.
(4)
The City reserves the right to determine type, location and number
of remote reading devices required for any service.
(5)
If a discrepancy occurs between the remote reading device and the
meter generator, the generator shall take precedence over the remote
reading.
(6)
If, due to a discrepancy between the meter generator and the remote
reading device, the volume of water used differs from the amount billed,
that difference will be included in the next regular quarterly water
bill.
I.
Testing of meters.
(1)
At the written request of a customer, the Water Department will test the meter supplying his premises upon payment of the fee specified herein. If the meter tested upon such request shall be found to be accurate within the limits specified in Subsection I(2) below, the fee shall be retained by the Water Department; but if not so found, then the cost thereof shall be borne by the utility, and the fee paid by the customer shall be refunded. However, if a meter has been in service without being tested within the time period defined by the PUC as the "current test cycle," the meter will be tested at the customer's request at no cost to the customer.
(2)
No water meter shall be placed in service which has an error in registration
of more than 2%, and no meter shall be allowed to remain in service
which has an error in registration of more than 4% when water is passing
through it at approximately the following rates of flow:
|
Meter Size
(inches)
|
Gallons Per Minute
|
|---|---|
|
5/8
|
6
|
|
3/4
|
10
|
|
1
|
20
|
|
1 1/2
|
30
|
|
2
|
50
|
|
3
|
90
|
|
4
|
180
|
|
6
|
300
|
(4)
Periodic testing. Periodic testing of meters shall be done in accordance
with PUC Water Regulation No. 7B.
(5)
Adjustment of bills for meter error.
(a)
Fast meters. If, upon test of any meter, the meter is found
to have an error of more than 4% fast, the public utility shall refund
to the consumer the overcharge, based upon the corrected meter reading
for a period equal to 1/2 the time elapsed since the last previous
test, but not to exceed 12 months. If the period of registration error
can be definitely fixed, the overcharge shall be computed for such
period. If the meter has not been tested in accordance with this section,
the period for which it has been in service beyond the regular test
period shall be added to the 12 months in computing the refund.
(b)
Slow meters. If, upon test of any meter, the meter is found
to have an error of more than 4% slow, the public utility may render
a bill for the water consumed but not covered by bills previously
rendered for a period equal to 1/2 of the time elapsed since the last
previous test, but not to exceed 12 months. If the period of registration
error can be definitely fixed, the charge may be computed for such
period.
A.
Application for extension. The City of Lock Haven may extend the
water pipes and improvements of any or all of its waterworks within
and beyond the bounds of the City of Lock Haven within the approved
service area. The City shall, upon application made to and approved
by the Council of the City of Lock Haven, furnish water to any and
all persons, corporations, institutions, authorities and municipalities
with the approval of the governing body of the affected community;
provided, however, that any person, corporation, authority, institution
or municipality desiring to be furnished water outside the limits
of the City shall apply for such service to the Council of the City
of Lock Haven, on a form provided by the City for that purpose, and
procure a permit which shall stipulate the rates, terms and conditions
at and upon which the desired service will be supplied. No extension
will be made or agreement executed until the necessary rights-of-way
have been furnished to the City, and the City may require an enabling
ordinance from the municipality being served by the extension of mains.
B.
In determining the length of and necessity for any extension required
pursuant hereto, the terminal point of such extension shall, in all
cases, be at the point in the curbline which is equidistant from the
side property lines of the last lot for which water service is requested.
C.
Permits required. No extension of street mains shall be made unless
the required permits and regulations of the Pennsylvania Department
of Transportation and the Department of Environmental Protection have
been complied with.
D.
The City of Lock Haven will extend existing mains a distance of 35
feet for each bona fide prospective customer making application for
water service therefrom. The type and size of the main will be determined
by the City. "Bona fide prospective customer" shall mean any owner
or lessee for an existing premises which is not a portion of a subdivision
from which more than one new lot is subdivided during the calendar
year during which the application is made for water service and having
a curbline abutting on that part of a street or public highway in
which there is, or is to be, located a distribution main of the City
and who shall file a signed application for a new street service connection
to such premises and for water service to begin immediately following
installation of the street service connection.
E.
Main extension reimbursement agreement.
(1)
When an extension greater than 35 feet in length for each bona fide
prospective customer is required or requested, such extension will
be made under the terms of a main extension reimbursement agreement,
as provided by the City. The City shall have exclusive rights to determine
the type and size of mains to be installed and the facilities required
to render adequate service; provided, however, that where the City
decides to install pipe larger than the minimum size necessary to
render adequate service throughout the extension, all estimated or
actual cost figures referred to in the main extension reimbursement
agreement shall include the estimated costs for the size of the pipe
necessary to provide adequate service; however, the minimum size shall
be six inches. All estimated or actual cost figures referred to in
the agreement shall include a reasonable allowance for overhead costs.
The costs of material greater than that of six inches, or the minimum
size necessary to render adequate service, whichever is the larger
size, will be borne by the City.
(2)
Under the main extension agreement, the applicant or applicants for
water service shall agree to reimburse the City for all costs attributable
to the extension of the mains beyond the initial 35 feet per customer.
The agreement will be based on estimated costs of the main extension,
which shall be adjusted upon completion of the construction to reflect
actual costs.
(3)
Upon completion of construction and prior to the initiation of service,
the applicant or applicants shall reimburse the City for the actual
costs of the main extension beyond the initial 35 feet per customer.
Water service shall not be supplied until said reimbursement is made
in full.
F.
Main extension agreement. When application has been received for
water service requiring an extension of the main to provide such service,
excluding that required for a bona fide prospective customer, or where
application has been received for extension of mains into a newly
developed tract of land, such extension will be made under the terms
of a main extension agreement, as provided by the City. The City shall
have the exclusive right to determine the type and size of mains to
be installed and other facilities required to render adequate service.
However, where the City decides to install pipe larger than the minimum
size necessary to render adequate service throughout the extension,
all estimated or actual cost figures referred to in the main extension
agreement shall include the estimated material cost for the size of
the pipe necessary to provide adequate service. However, the minimum
size of the pipe shall be six inches. All estimated or actual cost
figures referred to in the main extension agreement shall include
a reasonable allowance for overhead cost. The cost of materials which
exceed the cost necessary to provide adequate service to the development
shall be borne by the City.
(1)
Main extension deposit required. At the time of the execution of
the main extension agreement by the developer, a deposit must be made
by the developer covering the entire estimated cost of installing
the necessary pipelines and appurtenances, as determined by the City.
Such deposits shall not bear interest and shall be adjusted from the
estimated cost to the actual cost upon completion of the work. The
developer shall increase his deposit or receive a refund as determined
by the final cost. Reimbursement of the deposit shall be made to the
developer at such time as each house abutting on such pipeline is
completed, the prospective customer's equipment installed and the
house occupied by a water customer who has entered into a contract
for use of the City's water service. Reimbursement to the developer
shall be in the amount of $300 per service tap where the water consumed
passes through a water meter for each property within the development.
(2)
Extension of street mains where the developer wishes to use his own
engineer or perform the actual work himself. The Council of the City
of Lock Haven shall give approval for the extension of street mains
within an area supplied by the Lock Haven water system, provided the
developer agrees to the following terms and conditions, which shall
be formalized in a main extension agreement:
(a)
The City shall have the exclusive right to determine the type
and size of the mains to be installed and the method of installation.
Six-inch mains shall be the minimum diameter of said mains, and all
such mains shall, upon completion, become the property of the Lock
Haven City Authority.
(b)
The developer shall submit two sets of complete plans for the
construction of said extension, stating the specifications for all
construction, pipe, fittings and appurtenances.
(c)
All construction and appurtenances must adhere to the specifications
set up by the City of Lock Haven.
(d)
Upon acceptance of the construction plans and specifications
by the City of Lock Haven Engineer, both sets of submitted plans will
be signed by the developer and City Engineer, and the developer's
engineer shall stamp said construction plans. One set of these construction
plans shall remain on record in the office of the City Engineer.
(e)
It shall be the responsibility of the developer to acquire all
necessary permits, at his cost.
(f)
No extension shall be considered by the City of Lock Haven if
the street or streets do not meet the specifications of line and grade
established by the governing body of the community affected.
(g)
The main extension agreement between the developer and the City
of Lock Haven will be recorded in the office of the Recorder of Deeds
of Clinton County, the cost of which shall be borne by the developer.
Proof of recording will be presented to the City Engineer.
(h)
After the construction specifications are typed and ready for
bid acceptance, two copies must first be submitted to the City Engineer
for his approval. Upon approval of these specifications, these two
submitted copies shall be signed by the developer and the City Engineer.
The developer's engineer shall stamp both copies, and one shall remain
on record in the office of the City Engineer.
(i)
The City of Lock Haven will have an authorized inspector at
the job site during all working hours, and the cost of the inspection
will be borne by the developer by means of reimbursement to the City.
(j)
If there are any deviations from the construction plans or specifications
without prior documented approval by the City Engineer, the City of
Lock Haven shall not be bound to any agreement signed by the City
and the developer.
(k)
After completion of said main extensions, two sets of as-built
plans will be submitted to the City Engineer by the developer.
(l)
The developer shall provide a maintenance bond in the amount
to be determined by the City Engineer for a period of one year from
the date of acceptance of the extension by the City. The bond shall
be submitted to the City at the time of application.
G.
Quality of mains. All mains must be cement-lined ductile iron or
PVC plastic pipe meeting the specifications of AWWA and the City.
Installation of said pipe shall be to the specifications of the pipe
manufacturer and the City.
The City reserves the right at all times, after 30 days' due
notice to the customer, to shut off water for nonpayment of water
bills, and the water shall remain shut off until the water bill(s),
together with all applicable penalties and the charge of $20 for turning
on water, except as otherwise provided herein, have been fully paid.
Notice shall be sent in accordance with the following:
A.
Water shall not be shut off while the premises are occupied by human
beings, except for the purpose of making repairs to the building piping
system or for carrying out provisions of the rules and regulations.
B.
The charge for turning on water service following the discontinuance
thereof, whether at the request of the customer or his duly appointed
agent, or by City forces as a result of settlement on nonpayment or
correction of violations of the rules and regulations, shall be $20.
C.
At times other than normal working hours, the charge for turn on
shall be $50.
D.
Only Water Department employees or its authorized agents shall turn
on or shut off water.
E.
Termination of service to any health care facility as defined in
current PUC regulations shall not be made unless the facility has
received at least 37 days' notice.
A.
When the premises are vacated, the customer must give notice at the
office of the Water Department so that water may be turned off at
the curb. The customer will be responsible for the water rent until
such notice is given.
B.
A new application must be made on any change in ownership or residence
of property as described in any application, and the Water Department
shall be at liberty to discontinue the water supply until such new
applications have been made and approved.
C.
A customer desiring an abatement from water bills during a temporary
vacancy shall report the same in writing at the office of the Department
of Water. When a temporary vacancy (not less than 90 days) is properly
reported in advance, an allowance will be made for the vacancy.
A.
Private fire system. The customer or premises having a private fire-protection
system shall pay, in addition to the established meter rates for all
water used, except that used for fire extinguishment of fires, the
following amount, which is hereby termed a "fire service charge":
|
Premises having a 3-inch fire connection
|
$1.95 per month
|
|
Premises having a 4-inch fire connection
|
$3.90 per month
|
|
Premises having a 6-inch fire connection
|
$6.50 per month
|
|
Premises having an 8-inch fire connection
|
$9.10 per month
|
|
Premises having a 10-inch fire connection
|
$11.70 per month
|
|
Premises having a 12-inch fire connection
|
$14.30 per month
|
|
For every 1 inch thereafter, charge will increase
|
$1.30 per month
|
(1)
For each private hydrant directly connected to mains furnishing water
which does not pass through a water meter, the charge is $65 per annum.
(2)
When a fire meter indicates that water has been used for some purpose other than fire extinguishment, the full service charge, as listed under § 394-15, will be enforced.
(3)
An application, in duplicate, for special connections must be made
for each connection to the distribution system. Private fire-protection
customers will understand that fire-protection charges are a compensation
for standing by in reserve, and that for said charge the use of water
is not contemplated for the actual extinguishing of fires or for testing
the system. Testing shall not be done without first notifying and
receiving approval of the Water Department.
(4)
It will be expressly understood by and agreed between the parties
receiving private fire service and the City that the City does not
assume any liability as insurers of property or person(s) and that
the agreement does not contemplate any special service, pressure,
capacity or facility, other than the ordinary or changing conditions
of the City as the same exist from day to day, and the City hereby
declares and it is agreed by the party receiving service that the
City shall be free and exempt from any and all claims for injuries
to persons or property by reason of fire, water, failure to supply
water, pressure or capacity, or any reason incidental hereto.
(5)
Private company fire service. Where private fire service connections
are to be made to the City's system, the City shall have the right
to approve the plans for such installation prior to approval of the
application for service. The City shall make any connection to the
distribution system that is required, and the customer shall pay City
the actual cost for making such connections. The City shall have the
right to require a compound-type meter for installation in the private
fire line, if deemed necessary. Waiver of the requirements for installation
of a meter at the time the connection is made shall not prohibit the
City from requiring a meter installation at a future date, if such
installation is warranted in the opinion of the City. Any meter required
will be supplied and installed by the City with the cost for the meter,
together with labor and materials for installation, to be borne by
the customer. Where a private fire connection is approved by the City,
no other connection for domestic, commercial or industrial use shall
be made to the fire connection line unless prior approval is received
from the City and unless a compound-type meter is installed between
the City's main and the connection for such line.
(6)
All fire services shall have an approved check valve and a gate valve.
If a fire connection is used for the sole purpose of fire protection,
no meter shall be required on such connection, nor shall any extension
be made or any additional fixtures be installed on such connection.
(7)
All roof tanks and storage tanks must be provided with an anti-siphon
device and an automatic device for complete shutoff of water supply
when said tanks are filled.
(8)
It shall be expressly understood by and agreed between the parties
having a private hydrant that the maintenance of the private hydrant
is the responsibility of the property owner. The City hereby declares
and it is hereby agreed by the owner on whose property the private
hydrant is located that the City shall be free and exempt from any
and all claims for injuries to persons or property due to an inoperative
hydrant, and said property owner shall hold the City safe and harmless
from any and all claims arising as a result of any injuries or damages
caused thereby.
(9)
A private fire hydrant shall be any hydrant that is situated on private
property and is owned or maintained by a party other than the Lock
Haven City Authority or the City.
B.
Public fire hydrants. The Lock Haven City Authority shall own all
public fire hydrants within the service area. The City shall maintain
said hydrants in working condition, provided that the conditions hereinafter
set forth are complied with in full:
(1)
The City shall inspect and maintain all public fire hydrants and
branches located within the service area. The City shall furnish and
install hydrants as prudent and necessary in areas of existing development.
(2)
Public fire hydrants will be installed at the written request of
any municipality included in the City's defined service area, provided
that the system mains are of sufficient size. All costs of installing
such hydrants, including labor and materials, shall be the responsibility
of the municipality. The City may require posting of a deposit covering
the estimated cost of the installation, with the balance to be refunded
or the excess billed upon completion of the installation.
(3)
For all public fire services, the following charge shall be made:
for each hydrant in each township or municipality other than the City
of Lock Haven, there will be a charge of $65 per hydrant per annum.
(4)
In the event any public fire hydrant requires replacing in the judgment
of the City, it will be done at the cost of the City.
C.
General fire hydrant usage. No person or persons shall take water
from any hydrant, public or private, except for fire purposes. Fire
companies may test the hydrants with the permission and prior approval
of the Water Department. No public or private fire hydrant shall be
used for any purpose other than fire purposes, unless specifically
permitted by the Water Department for that particular time or occasion.
The person or persons requesting permission for the use of a public
or private fire hydrant must obtain from the Water Department a permit
stating the time, location and purpose for use of the hydrant and
the person or persons, including property owner or his duly authorized
agent, who will be responsible for all costs and water consumed at
the regular meter rates as measured by a hydrant meter supplied by
the Water Department.
(1)
The cost for installing and removing the hydrant meter shall be at
the regular labor rate plus 20% compensation expense and equipment
usage during regular working hours.
(2)
The cost for installing the hydrant meter at times other than regular
working hours shall be based on the overtime rate plus 20% compensation
expense and equipment usage.
(3)
The hydrant meter and hydrant wrench shall be the sole responsibility
of the person or persons granted use of the public or private fire
hydrant.
(4)
The City shall be free from all claims and damages resulting from
any such use of public or private fire hydrants.
A.
The City reserves the right to require a deposit equal to the estimated
bill for any single billing period, plus one month, with a minimum
$5, to secure payments for water service rendered where the credit
of the customer has not been established to the satisfaction of the
City. On deposits held more than a year, the utility will pay to the
customer, at the end of the year, the interest accrued thereon at
the rate defined in Title 52, Chapter 56, § 56.57.[1] Deposits shall be due and payable in accordance with the
latest Title 52, Chapter 56, § 56.42.[2] The City reserves the right to require a deposit equal
to the estimated bill for any single billing period, plus one month,
with a minimum of $5.
B.
Deposits will be required from customers who apply for a period of
less than 60 days, in an amount equal to the estimated bill for such
temporary service.
C.
The City will refund said deposit on notice to discontinue service
and after payment in full has been made for all services rendered
or when the customer shall have paid bills for service over a period
of 12 consecutive months; any customer having secured the return of
a deposit shall not be required to make a new deposit unless the service
has been discontinued and the customer's credit standing impaired
through failure to comply with these rules and regulations.
D.
The payment of any undisputed bill, within the meaning of the rules,
shall be payment of the bill within 30 days following the date of
the bill or the payment of any contested bill, payment of which is
withheld beyond the period herein mentioned, if the dispute is terminated
substantially in favor of the customer and if payment be made by the
customer within 10 days thereafter.
E.
Any customer having placed a deposit shall pay bills for water service
as rendered in accordance with these rules and regulations, and the
deposit shall not be considered as payment toward any bill during
the time the customer is receiving water service.
A.
No customer supplied with water by the City will be allowed to supply
other persons or families or other premises, except by written permit
from the City. A person who violates this section may have his water
shut off 30 days after written notice is given to that person, and
it may remain so until the City is satisfied that provisions of the
rules and regulations have been complied with.
B.
Where two or more premises are supplied through a single service,
any violation by either or any of said customers shall be deemed a
violation as to all, and the City may take such action as could be
taken against a single customer, except that such action shall not
be taken until the innocent consumer who is not in violation of the
rules has been given reasonable opportunity to make application to
attach his pipes to a separately controlled service connection.
C.
In the case of large properties, two or more connections may be allowed, provided they meet City approval, as described in § 394-3D.
D.
The City may, at any time, declare that an emergency situation exists
and restrict use of water. After notice of said order is published
on three different days in at least one local newspaper, any consumer
who violates said order shall be subject to discontinuance of service.
E.
No customer shall permit any condition to exist upon premises served
whereby there is, or, in the opinion of the Water Department, could
be, a backflow into the mains of the City of nonpotable matter, hot
or other liquids or any leakage or seepage of such matter into said
main.
F.
For the prevention of backflow, all connections are required to have
a stop and waste valve on the inlet side of the meter and a check
valve on the outlet side of the meter of a type approved by the City.
G.
The City will not be responsible for any damage caused within the
consumer's premises by an increase or decrease of pressure within
the City's distribution mains. It shall be incumbent on the customer
to install and maintain in his service line, between the curb and
the meter, such pressure-regulating devices as may be necessary to
prohibit excessive pressure from being transmitted to the inside piping
or fixtures.
H.
Changing of rates. Lock Haven City Council may change or amend the
rates, rules and regulations for water service as necessary, subject
to filing with the Pennsylvania Public Utility Commission, if required.
I.
No agent or authorized representative of the Water Department of
the City of Lock Haven shall have the authority to exercise any promise,
agreement or representation not provided herein, unless such authority
is in writing and signed by the proper City officials.
J.
The City shall not be liable for turbidity in water or a deficiency
or failure in the supply or increase or decrease in pressure when
occasioned by shutting off water to make repairs or connections or
failure from any cause beyond its control.
[Amended 4-20-1998 by Ord. No. 542B; 12-13-2010 by Ord. No. 871]
The quarterly charges for the supply of water by the City of
Lock Haven to customers within the City of Lock Haven be and hereby
are fixed and established based on the schedules below.
A.
Minimum charges.
(1)
Residential customers. Minimum charges per quarter shall be based
on the size of the meter. Consumption allowance for the minimum charge
is 2,000 gallons per quarter.
|
Meter Size
(inches)
|
Minimum Charge Per Quarter
|
|---|---|
|
5/8 or 3/4
|
$51.40
|
|
1
|
$61.90
|
|
1 1/4
|
$71.25
|
|
1 1/2
|
$81.95
|
|
2
|
$103.70
|
|
3
|
$116
|
|
4
|
$164
|
|
6
|
$217.90
|
|
8
|
$348.25
|
|
10
|
$436.50
|
|
12
|
$604
|
(2)
Commercial and industrial customers. Minimum charges per quarter
shall be based on the size of the meter. Consumption allowance for
the minimum charge is 4,000 gallons per quarter.
|
Meter Size
(inches)
|
Minimum Charge Per Quarter
|
|---|---|
|
5/8 or 3/4
|
$63.90
|
|
1
|
$71
|
|
1 1/4
|
$81.65
|
|
1 1/2
|
$94
|
|
2
|
$119
|
|
3
|
$133
|
|
4
|
$188
|
|
6
|
$250
|
|
8
|
$400
|
|
10
|
$500
|
|
12
|
$692
|
(3)
Public and health care customers. Minimum charges per quarter shall
be based on the size of the meter. Consumption allowance for the minimum
charge is 4,000 gallons per quarter.
|
Meter Size
(inches)
|
Minimum Charge Per Quarter
|
|---|---|
|
5/8 or 3/4
|
$59.40
|
|
1
|
$66
|
|
1 1/4
|
$76
|
|
1 1/2
|
$87
|
|
2
|
$110
|
|
3
|
$124
|
|
4
|
$175
|
|
6
|
$233
|
|
8
|
$371
|
|
10
|
$465
|
|
12
|
$644
|
(4)
Educational customers. Minimum charges per quarter shall be based
on the size of the meter. Consumption allowance for the minimum charge
is 4,000 gallons per quarter.
|
Meter Size
(inches)
|
Minimum Charge Per Quarter
|
|---|---|
|
5/8 or 3/4
|
$65.25
|
|
1
|
$72.50
|
|
1 1/4
|
$84
|
|
1 1/2
|
$96
|
|
2
|
$121
|
|
3
|
$136
|
|
4
|
$192
|
|
6
|
$256
|
|
8
|
$408
|
|
10
|
$511
|
|
12
|
$707
|
B.
Metered service schedule.
(1)
Residential customers (applicable to all metered service). The quarterly
charges for water service furnished by the City of Lock Haven are
fixed and established based on consumption as follows:
|
Gallons
|
Charge Per Quarter
|
|---|---|
|
0 to 2,000
|
Minimum based on meter size
|
|
Next 2,000
|
$4.16 per thousand
|
|
Next 21,000
|
$4.28 per thousand
|
|
Next 35,000
|
$3.45 per thousand
|
|
Next 140,000
|
$2.30 per thousand
|
|
Next 2,800,000
|
$1.57 per thousand
|
|
Over 3,000,000
|
$1.26 per thousand
|
(2)
Commercial and industrial customers (applicable to all metered service).
The quarterly charges for water service furnished by the City of Lock
Haven are fixed and established based on consumption as follows:
|
Gallons
|
Charge Per Quarter
|
|---|---|
|
0 to 4,000
|
Minimum based on meter size
|
|
Next 21,000
|
$4.88 per thousand
|
|
Next 35,000
|
$3.91 per thousand
|
|
Next 140,000
|
$2.60 per thousand
|
|
Next 2,800,000
|
$1.78 per thousand
|
|
Over 3,000,000
|
$1.42 per thousand
|
(3)
Public and health care customers (applicable to all metered service).
The quarterly charges for water service furnished by the City of Lock
Haven are fixed and established based on consumption as follows:
|
Gallons
|
Charge Per Quarter
|
|---|---|
|
0 to 4,000
|
Minimum based on meter size
|
|
Next 21,000
|
$4.54 per thousand
|
|
Next 35,000
|
$3.63 per thousand
|
|
Next 140,000
|
$2.42 per thousand
|
|
Next 2,800,000
|
$1.65 per thousand
|
|
Over 3,000,000
|
$1.32 per thousand
|
(4)
Educational customers (applicable to all metered service). The quarterly
charges for water service furnished by the City of Lock Haven are
fixed and established based on consumption as follows:
|
Gallons
|
Charge Per Quarter
|
|---|---|
|
0 to 4,000
|
Minimum based on meter size
|
|
Next 21,000
|
$4.99 per thousand
|
|
Next 35,000
|
$3.99 per thousand
|
|
Next 140,000
|
$2.65 per thousand
|
|
Next 2,800,000
|
$1.81 per thousand
|
|
Over 3,000,000
|
$1.45 per thousand
|
C.
This section shall become effective on January 1, 2011, consistent
with the date established by the Pennsylvania Public Utility Commission
for an increase in the rates and charges imposed on customers outside
the corporate limits of the City of Lock Haven.
A.
General. If the City is experiencing a short-term supply shortage,
the City may request general conservation of inside uses and may impose
mandatory conservation measures to reduce or eliminate nonessential
uses of water.
B.
Voluntary conservation. The City shall first request voluntary curtailment
of all nonessential uses of water.
C.
Mandatory conservation. If voluntary cooperation does not achieve
satisfactory results, mandatory compliance will be imposed. If any
customer refuses to comply with such mandatory measures, the City
may either adjust the outside water valve connection in a manner which
will restrict water flow by up to 1/2 or otherwise restrict flow,
such as by the insertion of a plug device.
D.
Nonessential uses of water include:
(1)
The use of hoses, sprinklers or other means for sprinkling or watering
of shrubbery, trees, lawns, grass, plants, vines, gardens, vegetables,
flowers or other vegetation.
(2)
The use of water for washing automobiles, trucks, trailers, trailer
houses or any other type of mobile equipment.
(3)
The washing of streets, driveways, parking lots, service station
aprons, office buildings, exteriors of homes, sidewalks, apartments
or other outdoor surfaces.
(4)
The operation of any ornamental fountain or other structures making
a similar use of water.
(5)
The use of water for filling swimming pools or wading pools.
(6)
The operation of any water-cooled comfort air conditioning which
does not have water-conserving equipment.
(7)
The use of water from fire hydrants for construction purposes or
fire drills.
(8)
The use of water to flush a sewer line or sewer manhole.
(9)
The use of water for commercial farms and nurseries, other than a
bare minimum to preserve plants, crops and livestock.
E.
In addition to the provisions as set forth above, the Pennsylvania
Emergency Management Council is authorized to promulgate, adopt and
enforce a water rationing plan by virtue of the Emergency Management
Services Code, 35 Pa.C.S.A. § 7101 et seq., as implemented
by the Drought Emergency Proclamation dated November 6, 1980.
In the event of a drought emergency, as declared by a basin
commission and by a proclamation or executive order issued by the
Governor, the Lock Haven Water Department is authorized to collect
fines set forth in its local water rationing plan, as filed with and
approved by the Pennsylvania Emergency Management Agency.
A.
This section establishes the maximum water use of certain plumbing
fixtures installed in all new construction or renovation. Such standards
have been implemented to achieve the maximum efficiency of water use
which the City of Lock Haven determined is technologically feasible
and economically justified.
|
Plumbing Fixture
|
Maximum Water Use
(gallons/minute)
|
Effective Date
|
|---|---|---|
|
Shower heads
|
3.0
|
February 6, 1996
|
|
Lavatory faucet
|
3.0
|
February 6, 1996
|
|
Kitchen faucets
|
3.0
|
February 6, 1996
|
|
Water closets
|
1.6
|
February 6, 1996
|
|
Urinals
|
1.5
|
February 6, 1996
|
B.
Reevaluation of water use standards. The City of Lock Haven may,
at any appropriate time, amend any of the water use standards listed
above relevant to technological developments relating to the water
use or water efficiency of any of the specified plumbing fixtures.
Amendments will also apply only to new construction and renovation.
C.
Exemptions. The City of Lock Haven may exempt a particular type of
customer when it is determined that the water use standards for plumbing
fixtures listed above are inappropriate or cannot be accommodated
by existing technology.
[Adopted 2-22-2010 by Ord. No. 853]
The use by any person of groundwater from within the corporate
limits of the City of Lock Haven as a supply of water for potable
uses is hereby prohibited.
The installation or use by any person of any means for conveyance
of groundwater as a supply of water for potable uses within the corporate
limits of the City of Lock Haven is hereby prohibited, including but
not limited to wells, pipes, cisterns, tanks, pumps, or any other
equipment or method of conveying groundwater.
If any person uses groundwater as a supply of water for potable
uses within the corporate limits of the City of Lock Haven at the
effective date of this article, such person shall, within 90 days
of the effective date of this article:
A.
Cease
such potable use;
B.
Close
and abandon any means used to convey such groundwater for potable
use to the surface of the land, including any wells, pipes, cisterns,
tanks, pumps, or any other equipment or method of conveyance of such
groundwater for potable use;
D.
Provide
certification in writing to the City Engineer of compliance with this
section.
Any person who is found to have violated this article shall
pay a fine of not less than $100 and not more than $1,000, plus costs.
For a continuing violation, each day on which a violation of this
article shall occur or continue shall be deemed a separate and distinct
offense and may be prosecuted and fined as such.
As used in this article, the following terms shall have the
following meanings:
Any source of water acquired from beneath the surface of
the land, including but not limited to any subsurface aquifer, spring,
seep, rock or soil formation.
Any individual, partnership, copartnership, firm, company,
limited-liability company, corporation, association, joint-stock company,
trust, estate, political subdivision, state, city, including the City
of Lock Haven, governmental entity, agency, department, or officer,
or any other legal entity, or their legal representatives, agents,
or assigns.
Any use of water for human or domestic consumption purposes,
including but not limited to drinking, bathing, swimming, washing
food or dishes, or preparing foods.
