Borough of Emmaus, PA
Lehigh County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. 474, 4/19/1971, § 1]
This Part shall be known as and may be cited as the "Water System Regulation Ordinance" of the Borough of Emmaus.
[Ord. 474, 4/19/1971, § 2]
This Part provides for the fixing of rates and charges pertaining to water service in the Borough of Emmaus and its environs; fixes the responsibility for the payment of charges for the consumption of water and related services, and provides for the collection of same; adopts rules and regulations for water service throughout the water system of the Borough of Emmaus; and prescribes penalties for violations.
[Ord. 474, 4/19/1971, § 3]
The term "water system" as used herein means the wells, pumping stations, reservoirs, filter plant, treatment equipment, and distribution lines, together with all related equipment, which serve the inhabitants of the Borough of Emmaus and certain of its environs and which are owned by the Borough of Emmaus.
[Ord. 474, 4/19/1971, § 4]
All owners of property abutting any street or alley, in which there is a water main or in which a water main may be constructed, shall make connection at their own expense to such water line for the purpose of conducting water to such property. Any such property owner shall be given at least 45 days notice of the requirement for connection of his property to the Borough water system. Upon failure of such owner to make such connection, the Borough may make the same, and collect the cost thereof from the owner by a municipal claim or by an action of assumpsit.
[Ord. 474, 4/19/1971, § 5; as amended by Ord. 675, 11/17/1986; by Ord. 1041, 5/5/2008; and by Ord. 1092, 12/17/2012]
1. 
The Borough Council shall from time to time fix the rates to be charged for water furnished to individuals, copartnerships, associations or corporations within the Borough of Emmaus. The Borough Council shall also set rates, subject to such approval as may be required from the Public Utilities Commission or other applicable regulatory body of the Commonwealth, for water furnished to individuals, copartnerships, associations, or corporations lying outside the limits of the Borough of Emmaus but served by the Water System of the Borough of Emmaus.
2. 
The Borough Council may from time to time fix the charges for a tapping or service connection fee which shall be assessed against the property owner whenever such owner connects said property with a water main constructed or owned by the Borough of Emmaus.
3. 
The Borough Council may from time to time set the amount of a fee for a permit which shall be required prior to connecting to the Borough Water System or for a permit which shall be required due to any change in occupancy of a property.
4. 
The whole cost, or any part of the cost, of construction of new water mains or extension of existing water mains, whether such mains be located within or without the limits of the Borough, and serving the properties abutting thereon, may be assessed by the Borough Council, against the properties abutting along the line thereof, by the front foot rule. Such assessments may be collected as other municipal claims are now by law collectible.
5. 
The Borough Council may from time to time determine the amount of a service charge which shall be made for turning on water when water has been shut off at the request of the owner or for non-payment of charges or for violation of rules and regulations, providing there is a serviceable curb box and stop in front of the premises.
Where there is no serviceable curb stop and box the property owner shall pay all costs connected with shutting off and turning on the water.
6. 
The Borough Council or other authorized Borough official may assess charges against property owners for special services rendered, for damage to Borough owned equipment or any other lawful activity, and such charges must be paid by said property owner. Upon failure of the property owner to pay such charges within a reasonable time after presentation of same, the water service may be turned off, or the claim may be collected in such manner as other municipal claims are now by law collected.
7. 
Fire hydrants located outside of the Borough of Emmaus shall be subject to an annual service charge of an amount which shall be determined by Borough Council.
8. 
The minimum fee included in the rates shall be chargeable when water service is available, whether or not any water has been consumed during the billing period.
9. 
Rates/Schedules.
[Amended by Ord. 1133, 12/21/2015]
Water Rates
Quantity
First 40,000 gallons - $2.05
Next 500,000 gallons - $1.89
Next 1,000,000 gallons - $1.73
Next 5,000,000 gallons - $1.21
Quarterly Meter Rates
5/8" - 3/4" meter
$17
1" - 1 1/2" meter
$39.48
2" meter
$76.96
3" meter
$189.43
4" meter
$301.89
6" meter
$451.83
Multi-unit service fee - $8 per quarter per unit. In accordance with the fee on each multi-unit account, there shall be one unit in each dwelling or business that shall not be assessed the $8 per quarter fee.
The above rates include lateral maintenance to curb stop and are effective as of January 1, 2016, billing.
[Ord. 474, 4/19/1971, § 6; as amended by Ord. 1041, 5/5/2008; by Ord. 1075, 12/20/2010; and by Ord. 1092, 12/17/2012]
1. 
All bills for water consumed will be rendered quarterly. The water consumed shall be determined by meter registration or by estimated bills. All water consumed shall be determined by meter registration unless the meter has been found to be registering inaccurately or has failed to register, in which case a bill will be rendered based on previous average consumption for a similar period when the meter was in order, giving proper consideration to any change in facilities or practices that may have occurred, or by such other fair and reasonable method as shall be based on the best information available.
2. 
In cases of excessive meter registration, no adjustment will be made of bills rendered prior to the billing period in which complaint was made or of bills of a previous consumer, whether tenant or owner.
3. 
Bills are due and payable upon presentation. The bill is due and payable for a period of 30 days, after which a 10% penalty is added and becomes due for the next 30 days. Payment of the bill must be in full, and no installment payments will be accepted.
[Amended by Ord. 1133, 12/21/2015]
4. 
Water service will be subject to being discontinued to any customer who allows a bill for water to remain unpaid for longer than 60 days from the initial billing date. In the event that water service is discontinued due to nonpayment of a water bill, all delinquent and current bills, plus an additional $60 reconnection fee, must be paid before water service will be resumed.
[Amended by Ord. 1133, 12/21/2015]
5. 
At the option of the Borough unpaid bills for water service may be collected in such manner as other municipal claims are collectible.
6. 
Failure to receive a bill shall not exempt any consumer from his obligation to pay. The presentation of a bill to the customer is only a matter of accommodation and not a waiver of this rule.
7. 
Metered water consumers may take the water allowed by their minimum quarterly rate at any time during the quarterly billing period but failure to use their full allowance in any one billing period shall not entitle them to any rebate or allowance to use an excess in any other quarterly billing period.
8. 
When the premises are vacated, the consumer must give notice at the office of the Borough of Emmaus Water Department so that the water may be turned off, and he will be responsible for all charges for water service until such notice is given.
9. 
Any consumer upon receipt of a bill, having reason to doubt its accuracy, shall bring or mail said bill, within 10 days to the Borough Water Office in Borough Hall, and such bill shall be promptly investigated by proper personnel.
[Ord. 474, 4/19/1971, § 7]
1. 
Any property owner desiring the introduction of a service line or lines from the Borough of Emmaus mains into his premises, must first make a written application on the form furnished by the Borough of Emmaus, at least one week before service is required, stating the street and house number or location, the name of the owner and tenant, the purpose for which service will be used, the exact time when the trench from curb to the property and his service will be ready for making the connection and shall guarantee that such service will be used continuously for at least one year.
Whenever a service line is laid in contemplation of the erection of a building on the premises in question, and said line is not attached for the period of one year immediately following the granting of a permit, the Borough shall have the right to disconnect the water at the main and charge the owner for the cost of such service.
The application must be signed by the owner of the premises, or his duly authorized agent.
2. 
Any property owner desiring a supply of water must make a written application on the form furnished by the Borough of Emmaus, at least three days before service is required, which must be properly approved by Borough Council or its duly authorized representative before the water will be turned on.
3. 
Application for a supply of water may be received from a tenant under the condition that the owner sign an agreement of guaranty that the tenant will pay for all water metered to the premises when due and payable.
4. 
In making application for a supply of water, each consumer contracts and agrees to be bound by this Part; by Borough of Emmaus Rules and Regulations for Water service, adopted December 29, 1958, as amended; and such other rules and regulations as may be promulgated.
5. 
A new application must be made on any change in occupancy of property, as described in any application, and the Borough may discontinue the water supply until such new application has been made, approved, and the required permit granted.
6. 
Where special service charges are fixed or cost of service of any kind is estimated, payment must be made at the time application is submitted and before the service is granted.
7. 
The Borough may refuse to serve an applicant if it does not have adequate facilities to render the service desired; if the service is of such character that is likely to result in unfavorable service to other customers; if the applicant's installation of piping is regarded as hazardous or of such character that satisfactory service cannot be given; or for other just cause.
[Ord. 474, 4/19/1971, § 8]
1. 
Each separate "consumer" shall be supplied through a separate service line.
2. 
For the purposes of this Part a "consumer" shall be the owner or tenant contracting for a supply of water to a property in the following classifications:
A. 
A building under one roof and occupied as one business or residence.
B. 
A combination of buildings in one common enclosure occupied by one family or business.
C. 
One side of a double house having a solid vertical partition wall.
D. 
One side or part of a house occupied by one family even though the closet and/or other fixtures be used in common.
E. 
A building of more than one apartment and using in common, one hall and one entrance.
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.
3. 
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 authorized by the Borough Council of the Borough of Emmaus. Consumers who violate this rule may have their water shut off after a notice of 24 hours, and it may remain so until the Borough is satisfied that the rules and regulations will be observed.
4. 
In the event that authorization has been granted by the Borough for more than one customer to be supplied through a single service, any violation of the rules of the Borough by either or any of said consumers shall be deemed a violation as to all and the Borough may take such action as could be taken against a single consumer, except that such action shall not be taken until the innocent consumer who is not in violation of the Borough's rules has been given reasonable opportunity to attach his pipes to a separately controlled service connection.
[Ord. 474, 4/19/1971, § 9]
1. 
Upon approval of application for a new service connection, the Borough will require the applicant to pay the current established fee. After proper payment the Borough will tap the main, insert corporation stop, install service line from main to curb and install curb stop and box; all of which shall remain the property of the Borough.
2. 
The Borough will be responsible for the maintenance and repair of the service line from the main to and including the curb stop and box.
3. 
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 all liability and furnishes a right-of-way agreement in form satisfactory to Council or its duly authorized representative.
[Ord. 474, 4/19/1971, § 10]
1. 
The service line beyond the curb stop shall be installed and maintained by and at the expense of the consumer. All leaks between curb box and meter must be repaired promptly by the property owner. The portion of the service line installed by the consumer shall not be less in size and quality than the service line in the street laid by the Borough, shall be laid not less than three feet six inches 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 or material 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 150 pounds per square inch.
2. 
No service line shall be laid in the same trench with a sewer or gas service connection.
3. 
Plumber installation of meter horn shall be made at the time the final plumbing is completed, or where water is to be used for other than building purposes.
4. 
The service line from the curb to the premises shall be kept in good condition by the consumer under penalty of discontinuance of service by the Borough.
5. 
The Borough reserves the right to inspect the plumbing on any premises, and, if it shall be found not in conformity with the rules of the Borough, to refuse water service until the objectionable or improper work is corrected.
6. 
All abandoned service pipes shall be immediately detached from the main pipe by the property owner, at his own expense, and he shall be liable for all damages that may arise by reason of any abandoned service pipe remaining attached to the water main in front of his property, or wherever the same may be.
[Ord. 474, 4/19/1971, § 11]
1. 
The Borough through its Water Department will determine the location for all meters.
2. 
If it is determined that the meter is to be placed within the building, the consumer will provide free of charge and expense to the Borough a readily accessible place in the cellar or basement near the entrance of service pipes, with a stop at the inlet side of the meter and a stop on the house side of the meter, both stops to be of a disc valve type acceptable to the Borough Water Department. If it is decided that the meter is to be placed outside the building, it must be placed in an approved meter box furnished by the Borough at the expense of the consumer and must have suitable disc type valve stops approved by the Borough.
3. 
The Borough shall determine the size of meter to be installed, but in no case shall the meter be more than one commercial size below the size of the service line. A 5/8 inch meter shall be the smallest meter to be installed on a service line for domestic use.
4. 
The Borough will furnish meters and connections. The meter and connections 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.
5. 
The consumer must, at all times, properly protect the meter from injury by frost, hot water or any other cause, and will be held responsible for repairs to meter made necessary due to negligence of said consumer. The consumer shall be responsible for and shall reimburse the Borough for all damages due to freezing, hot water or external causes.
6. 
In no case or under no circumstances shall any consumer or other persons interfere with the water meter or the dials thereof.
[Ord. 474, 4/19/1971, § 12; as amended by Ord. 675, 11/17/1986]
1. 
All fire hydrants shall be furnished, installed and maintained by the Borough Water Department.
2. 
No person, other than a member of the Fire Department of the Borough of Emmaus or other cooperating public fire company in active performance of duty, shall, without a permit from the Borough of Emmaus, use, open or otherwise interfere with any fire hydrant in the Emmaus Water System.
3. 
The Borough of Emmaus may, under extraordinary circumstances, grant a permit for the use of water from a fire hydrant. Such permit must be obtained from the Borough Manager and must have the prior approval of the Water Committee of the Borough Council. Any such use must conform in all respects with the rules and regulations for such use as established by the Emmaus Borough Council and/or the Borough Water Department.
4. 
No fire hydrant shall be used for other than fire-fighting purposes during freezing weather.
5. 
No person shall obstruct the access to any fire hydrant by placing or permitting any post, tree, shrub, rocks, debris, building material or other obstruction to remain within the following specified distances of the front, sides and rear of the hydrant: the unobstructed distance on sidewalk shall not be less than four feet on each side and to the rear of the center of the hydrant except where hydrants are placed on streets having sidewalks less than five feet in width where the clear distance to the rear will be correspondingly limited.
The unobstructed distance on roadway in front of fire hydrant shall be not less than 12 feet on each side of the center of the hydrant, which clear width shall extend to the unobstructed portion of the roadway.
Property owners shall, within five days after receiving notice so to do, remove any obstacle in violation of this regulation.
6. 
Where damage to a fire hydrant or other property is done by any person having a permit to take water from said hydrant, the holder of the permit shall pay such damages and all costs and expenses as may be incurred by reason thereof, to the Borough Treasurer on demand. Where damage to a fire hydrant or other property is done by a person not having a permit, he shall be subject to pay for all damages, costs and expenses incurred by reason thereof, and shall, in addition be subject to the penalties hereinafter provided for violation of this Part.
[Ord. 474, 4/19/1971, § 13; as amended by Ord. 675, 11/17/1986]
1. 
At the written request of an owner or a consumer, the Borough will make a test of the accuracy of the meter supplying his premises, and, if desired, in his presence or that of his authorized representatives.
2. 
A deposit will be required before the meter is tested, which sum will be returned if the meter is found to be registering more than 3% against the consumer on a flow equal to 1/8 of the diameter of the service; otherwise, the deposit will be retained by the Borough to cover the cost of the test.
3. 
The Borough reserves the right to test at any reasonable time any meter deemed necessary.
[Ord. 474, 4/19/1971, § 14; as amended by Ord. 715, 5/15/1989, § I]
1. 
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, and it is expressly agreed that no claims shall be made against the Borough for damage caused by the bursting or breaking of any main or service pipe or of any attachment thereto.
2. 
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.
3. 
Requirement to repair service line leaks.
A. 
All leaks in water service lines occurring between the curb box and the customer meter shall be repaired promptly by the property owner at his expense.
B. 
Borough Council, or its duly authorized representative, shall notify a property owner in writing when Borough Council detects such a leak. Within three days of receiving said notification, property owner shall have the leak repaired by a plumber licensed to do plumbing work in Emmaus.
C. 
In the event that the property owner does not have the leak repaired within three days, Borough Council, or its duly authorized representative, may shut off the water to the leaking service line and assess the property owner such charges as may be determined by Borough Council for the resumption of service.
D. 
Borough Council, or its duly authorized representative, shall have the right to turn off the water to a leaking service without prior notice to the property owner in case of an emergency where, in the judgment of the Borough, delay could cause serious loss of water or damage to any property, or the Borough Water System.
[Ord. 474, 4/19/1971, § 15]
No person, except an employee of the Emmaus Water Department or other duly authorized person, shall open, close or in any way interfere with any valve or stopcock in the Emmaus Water System.
[Ord. 474, 4/19/1971, § 16]
No connections 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.
[Ord. 474, 4/19/1971, § 17; as amended by Ord. 675, 11/17/1986]
1. 
The Borough Council or its duly authorized representative 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 these rules and regulations, and to assess such charges as may be determined by Borough Council for the resumption of service.
2. 
Service under an application may be discontinued for any of the following reasons:
A. 
Misrepresentation in application as to property or fixtures to be supplied or the use to be made of the water supply.
B. 
Use of water for any property or purposes other than described in the application.
C. 
Waste of water through improper or imperfect pipes, fixtures or otherwise.
D. 
Failure to maintain in good order, connection, service lines or fixtures beyond the curb and owned by the applicant.
E. 
Molesting any service pipe, meter, curb stop or seal or any appurtenance of the Water System of the Borough of Emmaus.
F. 
Vacancy of the premises.
G. 
Violation of any rules of the Borough of Emmaus.
H. 
Failure to make payments of any charges against the property.
I. 
Refusal of access to property for purpose of inspecting, reading, caring for or removing meters.
3. 
The Borough Council, or its duly authorized representative, shall have the right to turn 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 therefrom.
4. 
If a property owner or landlord either fails to pay water/sewer bills for residence or instructs the utility company to shut off the service, property owner or landlord and tenant must be notified by the utility company. The utility company will then explain the rights and duties related to continuing service.
A. 
The utility company cannot terminate the service:
(1) 
On a Friday, Saturday, Sunday, holiday or the day before a holiday.
(2) 
For nonpayment of bills more than four years old.
(3) 
For nonpayment of bills for either merchandise or service work.
(4) 
For nonpayment of bills in someone else's name, unless they are found responsible by a court or the PUC.
(5) 
For nonpayment of an estimated bill unless they deny the utility company access to your meter.
B. 
The utility company must follow these steps before shutting off service:
(1) 
At least three days before service is shut off, the utility company must attempt to contact them in person. If the company cannot reach them by phone or in person, it must notify a third party if they have designated one, notify a community interest group or the PUC.
(2) 
At the time of shut off, the utility company must contact a responsible adult at their residence. If no adult is home, the termination will be postponed for 48 hours and a notice will be left at the residence stating this.
C. 
If service is shut off, the utility company must provide a final informational notice to the property owner or landlord and tenant.
[Ord. 474, 4/19/1971, § 18]
1. 
The Borough of Emmaus shall not be liable for a deficiency or failure in the supply when occasioned by shutting off water to make repairs or connections or from any failure throughout the water system.
2. 
The Borough Council, or its duly authorized representative, reserves the right to restrict the supply of water as circumstances may require regardless of use for which intended, in case of scarcity, or whenever the public welfare may require it, and to provide for the distribution of the available supply in such manner as may be determined to be in the public welfare.
3. 
The use of water for sprinkling purposes shall at all times be subject to the express condition that the Council may, at any time, when in its opinion the condition of the public water supply demands it, limit the time each day during which hose may be used for sprinkling purposes, or the said Council may forbid the use of water for sprinkling purposes for any period deemed necessary.
4. 
The Borough of Emmaus shall not be liable for any claim or damage arising from a shortage of water, the breaking of machinery or facilities, or any cause beyond its control.
5. 
It shall be expressly understood and agreed by and between the Borough and parties receiving water service for private fire control or sprinkler systems that the Borough does not assume any liability as insurers of property or person, and that the agreement does not contemplate any special service, pressure, capacity or facility, other than the ordinary or the changing conditions of the Borough as the same exists from day to day, and that the Borough hereby declares, and it is agreed to by the consumer, that the Borough shall be free and exempt from any and all claims or injuries to persons or property, or any other person or property, by reason of fire, water, failure to supply water, pressure or capacity.
[Ord. 474, 4/19/1971, § 19]
All contracts for water shall continue in force from quarter to quarter, but either party may cancel contract by giving 10 days' written notice that the contract shall terminate at a certain future time.
[Ord. 474, 4/19/1971, § 20]
No connections shall be made between pipes or containers carrying water supplied by the Borough and pipes or containers carrying water from any other source unless the proposed cross-connection has been approved by the Borough Council of the Borough of Emmaus and State Department of Health.
[Ord. 474, 4/19/1971, § 21]
The Borough Council reserves the right to change or amend, from time to time, the rules and regulations for the use of water.
[Ord. 474, 4/19/1971, § 22; as amended by Ord. 675, 11/17/1986]
Any person, firm or corporation who shall violate any provision of this Part 1 shall, upon conviction thereof, be sentenced to pay a fine of not more than $300; and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this Part 1 continues shall constitute as separate offense.
[Ord. 474, 4/19/1971; as added by Ord. 889, 7/19/1999]
1. 
Definitions.
ANNUAL LINE EXTENSION COSTS
The sum of a company's additional annual operating and maintenance costs, debt costs and depreciation charges associated with the construction, operation and maintenance of the line extension.
ANNUAL REVENUE (FOR LINE EXTENSION PURPOSES)
The company's expected additional annual revenue from the line extension based on the company's currently effective tariff rates and on the average annual usage of customers similar in nature and size to the bona fide service applicant.
BONA FIDE SERVICE APPLICANT (FOR LINE EXTENSION PURPOSES)
A person or entity applying for water service to an existing or proposed structure within the utility's certificated service territory for which a valid occupancy or building permit has been issued if the structure is either a primary residence of the applicant or a place of business. An applicant shall not be deemed a bona fide service applicant if:
(1)
Applicant is requesting water service to a building lot, subdivision or a secondary residence.
(2)
The request for service is part of a plan for the development of a residential dwelling or subdivision.
(3)
The applicant is requesting special utility service.
COMPANY SERVICE LINE
The water line from the distribution facilities of the company which connects to the customer service line at the hypothetical or actual line or the actual property line, including the control valve and valve box. The control valve and valve box determine the terminal point for the company's responsibility for the street service connection.
CUSTOMER
A person or entity who is an owner or occupant and who contracts with the company for water service.
CUSTOMER SERVICE LINE
The water line extending from the curb, property line or utility connection to a point of consumption.
DEBT COSTS
The company's additional annual cost of debt associated with financing the line extension investment based on the current debt ratio and weighted long term debt cost rate for that utility or that of a comparable jurisdictional water utility.
DEPRECIATION CHARGES
The utility's additional annual depreciation charges associated with the specific line extension investment to be made based on the current depreciation accrual rates for that company or that of a comparable jurisdictional water company.
LINE EXTENSION (FOR LINE EXTENSION PURPOSES)
An addition to the company's main line which is necessary to serve the premises of a customer.
OPERATING AND MAINTENANCE COSTS (FOR LINE EXTENSION PURPOSES)
The utility's average annual operating and maintenance costs associated with serving an additional customer, including customer accounting, billing, collections, water purchased, power purchased, chemicals and other variable costs based on the current total company level of such costs, as well as costs particular to the specific needs of that customer, such as line flushing.
PUBLIC UTILITY
Persons or corporations owning or operating equipment or facilities in this Commonwealth for diverting, developing, pumping, impounding, distributing or furnishing water to or for the public for compensation.
SHORT-TERM SUPPLY SHORTAGE
An emergency which causes the total water supply of a company to be inadequate to meet maximum system demand.
SPECIAL UTILITY SERVICE
Residential or business service which exceeds that required for ordinary residential purposes. See additional clarification in the main extension portion of this tariff.
2. 
Line Extensions. Whenever a developer, owner or occupant of a property within the service territory of the company requests the company to extend service to such property, the company will extend service under the following conditions:
A. 
Requests by Bona Fide Service Applicant. Each company shall file with the Commission, as part of its tariff, a rule setting forth the conditions under which facilities will be extended to supply service to an applicant within its service area. Upon request by a bona fide service applicant, a utility shall construct line extensions within its franchised territory consistent with the following directives:
(1) 
Line extensions to bona fide service applicants shall be funded without customer advance where the annual revenue from the line extension will equal or exceed the company's annual line extension costs.
(2) 
If the annual revenue from the line extension will not equal or exceed the company's annual line extension costs, a bona fide service applicant may be required to provide a customer advance to the utility's cost of construction for the line extension. The utility's investment for the line extension shall be the portion of the total construction costs which generate annual line extension costs equal to annual revenue from the line extension. The customer advance amount shall be determined by subtracting the utility's investment for the line extension from the total construction costs.
(3) 
The company's investment for the line extension shall be based on the following formula, where X equals the utility's investment attributed to each bona fide applicant:
X
=
[AR - OM] divided by [I + D]; and,
AR
=
The company's annual revenue
OM
=
The company's operating and maintenance costs
I
=
The company's current debt ratio multiplied by the company's weighted long-term debt cost rate
D
=
The company's current depreciation accrual rate
B. 
Customer Advance Financing, Refunds and Facilities on Private Property.
(1) 
For Use by Companies with Gross Annual Receipts of $10,000,000 or More. When a customer advance is required from a bona fide service applicant for service and the bona fide applicant is unable to advance the entire amount due, the company shall either:
(a) 
Allow the applicant to pay the advance plus the financing costs equal to the company's weight cost of long term debt, over a period of not less than three years.
(b) 
Provide information to the bona fide service applicant on financial institutions that may offer financing to the applicant for the main extension.
(2) 
When a customer advance is required of a service applicant and an additional customer or customers attach service lines to the line extension within 10 years, the utility shall refund a portion of the advance to the customer. Deposits made for additional facilities other than the line extension, such as booster pumps, storage tanks and the like, are contributions in aid of construction and need not be refunded.
(3) 
The company will refund to the applicant, during a period of 10 years from the date of the extension deposit, a per-customer amount for each additional bona fide service applicant from whom a street service connection shall be directly attached to such main extension as distinguished from extensions or branches thereof. Provided, however, that the total amount refunded shall not exceed the original deposit without interest, and provided that all or any part the deposit not refunded within said ten-year period shall become the property of the company and shall be treated as contributions in aid of construction for ratemaking purposes. The per customer refund amount shall equal the utility's investment attributed to each bona fide applicant as calculated in the formula contained in this tariff.
(4) 
A utility shall require a customer to pay, in advance, a reasonable charge for service lines and equipment installed on private property for the exclusive use of the customer.
(5) 
Special utility service shall mean residential or business service which exceeds that required for ordinary residential purposes. Subsection (G)(1)(a) through (c) of this tariff does not apply to special utility service. By way of illustration and not limitation, special utility service shall include: the installation of facilities such as oversized mains, booster pumps and storage tanks as necessary to provide adequate flows or to meet specific pressure criteria, or service to large water consuming commercial and industrial facilities. An otherwise bona fide applicant requesting service which includes a "special utility service" component is entitled to bona fide applicant status, including the corresponding company contribution towards the costs to the line extension which do not meet the special utility service criteria.
C. 
Requirement for Extension Deposit Agreement. Where extension of facilities is not fully funded by the company pursuant to Rule A of this section, the execution by the applicant of an extension deposit agreement for customer contribution or advance shall be a condition of extending the facilities. Upon notice that the company is prepared and able to go forward with the work, the applicant will deposit with the company the amount specified in the extension deposit agreement.
D. 
Size of Line. The company shall have the exclusive right to determine the type and size of lines to be installed and the other facilities required to render adequate service. However, where the company decides to install a pipe larger than necessary to render extension of adequate service to the applicant, estimated or actual cost figures in the extension deposit agreement shall include only the material and installation cost for a pipe the size of which is necessary to provide adequate service to the applicant. Any incremental costs of a larger pipe will be the responsibility of the company. All estimated or actual cost figures referred to in the extension deposit agreement shall include a reasonable allowance for overhead costs and taxes as appropriate. The minimum pipe size for main extensions will be six inches pursuant to Commission regulation at 52 Pa.Code § 65.17(b).
E. 
Length of Extension. In determining the necessary length of an extension, the terminal point of such extension shall be at that point in the curb line, which is equidistant from the side property lines of the last lot for which water service is requested. A company service connection will be provided only for customer service lines that extend at right angles from the curb line in a straight line to the premises to be served.
F. 
Cost True-up. At the conclusion of the line extension project there shall be a reconciliation of the actual costs incurred to the amount of extension deposit that has been paid by the customer. If the actual cost exceeds the deposit, the applicant shall be responsible for payment to the company of the difference. If the deposit exceeds the actual cost, the company shall refund the difference.