[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; by Ord.
No. 1222, 12/20/2021; and by Ord. No. 1234, 12/19/2022]
|
Water Rates
| |
|---|---|
|
Quantity (per 1,000 gallons)
| |
|
First 40,000 gallons - $3.15
| |
|
Next 500,000 gallons - $2.92
| |
|
Next 1,000,000 gallons - $2.53
| |
|
Next 5,000,000 gallons - $2
|
|
Quarterly Meter Rates
| ||
|---|---|---|
|
5/8" - 3/4" meter
|
$20
| |
|
1" - 1 1/2" meter
|
$43.43
| |
|
2" meter
|
$90.50
| |
|
3" meter
|
$222.77
| |
|
4" meter
|
$355.02
| |
|
6" meter
|
$531.35
| |
|
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, 2023, billing.
|
10.
Effective with the first billing as of January 1, 2023, the Borough
of Emmaus established a reserve fund for purposes of significant structural
repairs to the water treatment and distribution system, including,
but not limited to, treatment of contaminants in the water system,
infrastructure improvements, capital projects, and large equipment
purchases that enhance the treatment and distribution of water.
[Added by Ord. No. 1234, 12/19/2022]
A.
The reserve fund shall be used exclusively for the purposes of significant
structural repairs of the water treatment and distribution system
and shall not be utilized to balance the water fund budget. This provision
may only be changed by a superseding ordinance. It is the intention
of Council that this fund shall remain restricted to the above-mentioned
uses only, and funds may not be borrowed or shifted from said fund
even on a temporary basis except by a superseding ordinance.
B.
The reserve fund shall be shown as a separate line item on quarterly
sewer bills to all customers and shall be labeled in such a way that
it is clearly identified.
C.
The reserve fund Rate for 2023 shall be calculated based on the size
of the water meter at each address as follows and shall be billed
with quarterly bills:
|
Water Meter Size
(inches)
|
Rate Per Quarter:
|
|---|---|
|
5/8
|
$15
|
|
1
|
$20.02
|
|
1 1/2
|
$27.97
|
|
2
|
$38.14
|
|
3
|
$53.39
|
|
4
|
$68.64
|
[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; by Ord.
No. 1222, 12/20/2021; and by Ord. No. 1234, 12/19/2022]
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 $100 reconnection fee, must be paid
before water service will be resumed.
[Amended by Ord. 1133, 12/21/2015; by Ord.
No. 1222, 12/20/2021; and by Ord. No. 1234, 12/19/2022]
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.
ANNUAL LINE EXTENSION COSTS
ANNUAL REVENUE (FOR LINE EXTENSION PURPOSES)
BONA FIDE SERVICE APPLICANT (FOR LINE EXTENSION PURPOSES)
COMPANY SERVICE LINE
CUSTOMER
CUSTOMER SERVICE LINE
DEBT COSTS
DEPRECIATION CHARGES
LINE EXTENSION (FOR LINE EXTENSION PURPOSES)
OPERATING AND MAINTENANCE COSTS (FOR LINE EXTENSION PURPOSES)
PUBLIC UTILITY
SHORT-TERM SUPPLY SHORTAGE
SPECIAL UTILITY SERVICE
Definitions.
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.
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.
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)
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The request for service is part of a plan for the development
of a residential dwelling or subdivision.
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|
(3)
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The applicant is requesting special utility service.
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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.
A person or entity who is an owner or occupant and who contracts
with the company for water service.
The water line extending from the curb, property line or
utility connection to a point of consumption.
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.
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.
An addition to the company's main line which is necessary
to serve the premises of a customer.
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.
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.
An emergency which causes the total water supply of a company
to be inadequate to meet maximum system demand.
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:
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X
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=
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[AR - OM] divided by [I + D]; and,
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|
AR
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=
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The company's annual revenue
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OM
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=
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The company's operating and maintenance costs
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I
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=
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The company's current debt ratio multiplied by the company's
weighted long-term debt cost rate
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D
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=
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The company's current depreciation accrual rate
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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.
