[HISTORY: Adopted by the Borough Council of the Borough of
Middletown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-7-1957 by Ord.
No. 364, approved 1-7-1957]
[Amended 12-9-1963 by Ord. No. 454, approved 12-9-1963]
The terms defined in this section shall, for all purposes of
this article and all ordinances subsequent hereto which do not specifically
repeal this article, have the meaning herein specified, unless the
context clearly otherwise requires:
The Act of Assembly of the Commonwealth of Pennsylvania known
as the "Municipality Authorities Act of 1945," approved May 2, 1945,
P.L. 382, together with all supplements and amendments thereto.[1]
An application, in writing on a form to be provided, to the
Borough for water service.
The Middletown Borough Authority.
The amount charged to a consumer for quarterly or monthly
service. In the event of discontinuance of service during a billing
period, the consumer shall be required to pay a proportionate part
of the charge for said period's service.
[Amended 4-6-1987 by Ord.
No. 943, approved 4-6-1987]
The governing body of the Authority.
The Borough of Middletown, Dauphin County, Pennsylvania,
acting through its properly authorized officers, agents or employees,
each acting within the scope of the particular duties assigned to
him.
The person, firm or corporation contracting for a supply of water to a particular property, who shall only be the owner thereof, as classified in § 256-10I hereinafter.
The amount of money required to be deposited with the Borough
before water service shall be granted the consumer, and in no event
shall it exceed the estimated gross bill for any single billing period,
plus one month, with a minimum amount of $5.
A water outlet for public fire protection.
The rate charged per hundred gallons of water.
[Amended 8-18-2014 by Ord. No. 1303, approved 8-18-2014]
A consumer who shall have a separate water meter installed
on his premises which shall register the amount of water consumed
therein.
The connection of the service line to and including the curb
box and cock, which service shall be the property of the Borough.
The contract entered into between the Borough and the consumer
for water service through the consumer's service facilities.
The use of water service by a consumer in accordance with
the class, scope and type of use and the purpose stated in his application
and service contract.
An instrument which measures, in gallons, the amount of water
consumed when placed upon the premises and which shall, at all times,
remain the property of the Borough.
[1]
Editor's Note: The Municipality Authorities
Act of 1945 (53 P.S. § 301 et seq.) was repealed 2001, June
19, P.L. 287, No. 22. See now 53 Pa.C.S.A. § 5601 et seq.
A.
Service connection will be made and water will be furnished upon
written application by the prospective consumer (or his properly authorized
agent), on a blank prepared by the Borough for this purpose, and after
the approval of such application by the Borough. The application for
service shall be general and shall clearly outline the class, scope
and type of use to be made of the service, as well as the purpose
for which it will be used, and each application shall state the services.
B.
The application and these rules and regulations constitute the contract
between the consumer and the Borough, and each consumer, by taking
of water, agrees to be bound thereby.
C.
A new application must be made to and approved by the Borough upon
any change in identity of the contracting consumer at a property or
in the service as described in the application, and the Borough may,
upon five days' notice, discontinue the water supply until such new
application has been made and approved.
[Last amended 7-11-2005 by Ord. No. 1194, approved 7-11-2005]
A.
The Borough shall make all connections to its water mains and install
and maintain all service lines from the main to and including the
curb cock and box, which shall be placed from one to two feet inside
the curbline, all of which service lines shall be the property of
the Borough, shall be installed at the property owner's expense and
shall be accessible to the Borough and under Borough control. The
cost of installation from the curb cock and box shall be at the property
owner's expense. No connection to the waterlines of the Borough of
Middletown shall be made unless and until said property owner shall
have made application for said service to the Borough of Middletown
and received a permit therefor and shall have paid to the Borough
of Middletown a tapping or connection fee in an amount as set forth
in a fee schedule established by a properly adopted resolution of
the Council of the Borough of Middletown.
B.
Certain work required for water service shall be performed by a private
contractor, at the determination of the Borough, when conditions require.
Such work may include, but is not limited to, water service connections
under state-owned highways and roads, connections at a depth greater
than eight feet, connections that require bypass pumping prior to
connection, or any other situation where the Borough does not have
adequate manpower, time or equipment to accomplish such work.
C.
The property owner shall, at the property owner's expense, dig and
fill the trench and furnish and install the service line from the
curb stop to the premises to be supplied and, in all respects, shall
be responsible for any and all injury or damage in consequence thereof
and/or resulting therefrom.
D.
Scheduling shall be coordinated with the Borough before any service
is installed. The property owner shall provide to the Borough the
street and lot number or location where service is desired, the name
of the owner and tenant and the time when the trench will be ready
for making the connection.
E.
The service line from the curb to the premises shall be kept in good
condition by the owner under penalty of discontinuance of service
by the Borough.
F.
Under no circumstances shall any person not authorized by the Borough
turn the stop cock on or off in any public or private line.
G.
Hereafter, in all future installations or reinstallations of service
lines, only one property shall be supplied through one service. When
one pipe supplies more than one metered customer, said customers shall
have a curb stop installed at the expense of the customer to provide
for separate shutoff. Any violation of the rules of the Borough by
either the property owner or his tenant, or any leakage in such joint
lines, shall cause the main stops to be shut off or, where a division
of ownership of such line occurs, the Borough may require a separate
service line for each customer, giving reasonable time for any innocent
customer to make such arrangements before discontinuance of service
results.
H.
Where capital extensions to the waterlines of the Borough are made
under the authority of this section, said capital extensions shall
be made by the Borough at the cost to the abutting property owner
by a front foot assessment to be established by the Borough Engineer
after the capital extension has been completed. When the Borough Engineer
has certified that the capital extensions have been completed by filing
a copy of said completion certificate with the Borough Secretary,
which certificate shall include all assessable costs and all assessable
front feet, Borough Council shall then determine the amount of assessable
front feet which shall be charged against the abutting property owner,
which sum shall not exceed the actual costs of erecting or extending
the water mains, including engineering and legal fees, if any, and
costs of printing and advertising, and shall equitably assess the
costs against each and every property abutting the line of improvement,
making allowances for corner lots and lots of irregular shape where
the assessment for the full frontage would be unjust.
I.
Any person or organization desiring to connect an extension to any
Borough water main shall submit a detailed plan of the proposed layout
and construction of the water main extension to the Borough Engineer
for approval. Said water main extension plan shall be accompanied
by a nonrefundable fee, the amount of which shall be set forth in
a fee schedule established by a properly adopted resolution of the
Council of the Borough of Middletown.
J.
Any person who shall make a connection to the water system of the Borough of Middletown without having first secured a permit and paid the connection fee or who shall close said excavation, trench, or ditch before inspection of said connection shall be punishable as provided in § 256-15 of this article, and the connection made may be disconnected by the proper Borough employee without any notification to the offending property owner.
K.
The property owner shall place a brass lever handle stop and waste
cock in the service pipe within the wall of the building, supplied
and so located as to drain all the pipes of the building as well as
the meter, that is easily accessible to the occupants for their protection,
enabling them to turn off the water supply in case of leaks and to
drain the pipes to prevent freezing.
L.
Fire hydrants shall be installed, maintained and owned by the Borough.
M.
Where two or more properties are served by one service pipe and are
owned by a single owner, each property shall install its own service
pipe upon any division of property ownership.
N.
The Borough reserves the right to meter any fire hydrant or water
line when evidence indicates that water is being taken from the hydrant
line for purposes other than fire fighting or for purposes otherwise
expressly permitted by the Borough.
O.
All leaks in service lines from the curb to and in and upon the premises
supplied shall be promptly repaired by the property owner. On failure
to make such repairs with reasonable dispatch, the Borough may turn
off the water, which shall not again be turned on until all proper
and necessary expenses incurred by the Borough in shutting off and
turning on the water are paid in full by the property owner, and proof
of repair is provided to the Borough.
P.
The Borough shall in no event be responsible for maintenance of or
for damages done by water escaping from the service pipe or fixture
on the outlet side of the curb cock, and the property owner shall,
at all times, comply with the state and municipal regulations in reference
thereto and shall make any changes thereon required on account of
change of grade, relocation of mains or otherwise.
A.
The use of water service by a consumer shall be in accordance with
the class, scope and type of use and the purpose stated in his application
and service contract. A consumer shall not use or allow use by others
of water service through his service facilities for others or other
purposes than covered in his contract.
B.
The various classes of services and rates are available to a consumer
in accordance with the obvious intent of and statements as to application
made under the different rates in the schedule of rates.[1]
[1]
Editor's Note: Original Sections 5.01 and 5.02, concerning
flat rate service, which followed this section, were repealed 12-9-1963
by Ord. No. 454, approved 12-9-1963.
C.
Whenever the consumer desires to have his service contract terminated
or his water service discontinued, he shall notify the Borough to
that effect, in writing. The consumer will be responsible for the
payment of all service rendered by the Borough until such written
notice is received and, in the instance of meter rate service, until
a reasonable time from the receipt of such notice shall have elapsed
for the Borough to take the final reading of the meter or meters or
until water service is actually otherwise discontinued by the Borough.
A.
Each metered rate consumer's service shall have a separate meter to register the amount of water consumed, except as provided in § 256-10J herein.
B.
All industrial service will be supplied at meter rates only.
C.
The Borough shall furnish, at the property owner's expense, one meter
for each service line, and the same shall remain the property of the
Borough and shall be accessible to and subject to its control. Said
meters, model and specifications to be approved by the Borough, shall
be supplied at the expense of the consumer, and at a location approved
by the Borough so as to control the entire water supply, and a proper
place and protection therefor shall be provided by the consumer. For
all new installations and reinstallations, shutoff valves shall be
installed in the water supply pipe within three feet upstream and
three feet downstream of the meter at the expense of the customer.
[Amended 4-6-1987 by Ord.
No. 943, approved 4-6-1987; 3-13-1989 by Ord. No.
983, approved 3-13-1989; 3-1-2004 by Ord. No.
1173, approved 3-1-2004; 6-4-2007 by Ord. No.
1224, approved 6-4-2007]
D.
In any case where it is not convenient to place the meter within the building as provided in Subsection C, the meter may be placed outside of the building in a Borough-approved vault provided with a suitable cover and lock and key. All installation, reinstallation, repair and replacement expenses and material costs shall be the responsibility of the property owner, subject to Borough Approval for location and design.
[Amended 4-6-1987 by Ord.
No. 943, approved 4-6-1987; 3-1-2004 by Ord. No.
1173, approved 3-1-2004]
E.
In all cases where steam or hot-water pressure is used, a backflow
prevention valve, of model and specifications to be approved by the
Borough, must be placed, at the expense of the consumer, directly
ahead of the meter, before any outlets are taken off the service pipe,
to prevent injury to the meter.
[Amended 6-4-2007 by Ord.
No. 1224, approved 6-4-2007]
F.
Meters will be maintained by the Borough as far as ordinary wear
and tear is concerned, but the consumer shall be responsible to the
Borough for any injury to or loss of any meter arising out of or caused
by the consumer's negligence or carelessness or that of his servants,
employees, members of his household or any person upon his premises
under or by his consent or sufferance. The consumer shall permit no
one who is not an agent of the Borough or otherwise lawfully authorized
so to do to remove, inspect or tamper with the Borough's meter or
other property of the Borough on his premises. Meters broken by freezing
or other causes set forth above shall be repaired by the Borough at
the consumer's expense.
G.
No one who is not an agent of the Borough or otherwise lawfully authorized
to do so may and it shall be unlawful to tamper willfully and intentionally
with any water meter or with any utility facility of the Borough of
Middletown or with any property of the Borough of Middletown on the
premises of a consumer. This prohibition extends to but is not limited
to nor ejusdem generis with breaking a water meter seal or connecting
ahead of the meter.
[Added 5-10-1982 by Ord.
No. 818, approved 5-10-1982]
(1)
Any person guilty of violating this subsection shall be punishable as provided in § 256-15 of this chapter.
[Amended 4-6-1987 by Ord.
No. 943, approved 4-6-1987]
(2)
For a second or any subsequent offense or instance where a responsible representative of the Borough, such as the Superintendent of the Water Department or his superior, finds that a water meter seal has been broken or a connection has been made ahead of the meter, upon 20 days' written notice (including the telephone number and address where a named representative, for this purpose, of the Borough may be contacted if a hearing is desired) to the consumer at the current address of that consumer (appearing on the Borough Water Department records), the Borough may shut off service. The penalties or sanctions under this subsection may be pursued cumulatively or independently. Under this Subsection G(2), the consumer may apply for restoration of service, provided that the application is accompanied by an adequate bond (minimum to be determined by the Borough Manager) to secure compliance with applicable regulations and ordinances, including this section.
H.
The quantity of water recorded by the meter shall be conclusive on
both the consumer and the Borough, except where the meter has been
found to be registering inaccurately or has ceased to register. In
either case, the meter will be promptly repaired by the Borough, and
the quantity of water consumed shall be estimated by the average registration
of the meter on previous corresponding periods. "Previous corresponding
periods" shall mean the same calendar periods in the two years immediately
prior to the disputed period, and, if the consumer has not been metered
for two years, it shall mean the two billing periods immediately prior
to the disputed period.
I.
Meter tests.
(1)
In case of a disputed account involving the accuracy of a meter,
such meter shall be tested upon request of the consumer. In the event
that the meter so tested is found to have an error in registration
of 4% or more, the bills will be increased or decreased accordingly
as provided by the aforesaid rules.
(2)
Each request for the test of a meter for accuracy shall be accompanied
by a deposit, the amount of which shall be set forth in a fee schedule
established by a properly adopted resolution of the Council of the
Borough of Middletown.
[Amended 2-16-1981 by Ord. No. 790, approved 2-16-1981; 3-1-2004 by Ord. No.
1173, approved 3-1-2004]
(3)
If the meter so tested shall be found to have an error in registration
of less than 4%, the deposit shall be retained by the Borough as compensation
for such tests; if the error in registration is found to be 4% or
more, then the cost of the test shall be borne by the Borough, and
the amount of the deposit shall be returned to the consumer.
J.
The consumer shall at once notify the Borough of an injury to or
any cessation in registration of the meter as soon as it comes to
his knowledge. The Borough shall not be responsible for refunds or
adjustments for a period in excess of two calendar quarters immediately
preceding the time when a claim is made.
K.
Damaged meters.
[Added 3-1-2004 by Ord.
No. 1173, approved 3-1-2004]
(1)
Any customer whose meter suffers damage or loss arising out of intentional,
negligent, or careless acts or inactions of the customer or the customer's
agents, employees, tenants or any member of the customer's household
shall be responsible for the damage or loss to the meter and shall
be charged a fee as set forth in a fee schedule established by a properly
adopted resolution of the Council of the Borough of Middletown.
(2)
Damage or loss shall include theft, freezing, water damage, injury
to the meter, or any other failure.
L.
Each meter rate consumer is subject to a minimum charge.
[Added 3-1-2004 by Ord.
No. 1173, approved 3-1-2004]
A.
Fire protection bills.
[Amended 12-9-1963 by Ord. No. 454, approved 12-9-1963]
(1)
Bills for private fire protection are due and payable quarterly at
the Middletown Borough Office on the 10th of the month following the
date of billing.
(2)
Bills for public fire protection are due and payable monthly at the
Middletown Borough Office on the 10th of the month following the date
of billing.
B.
Charges for building and construction service are due and payable
upon presentation.
E.
Bills for services, other than for water supply services, are due
and payable upon presentation.
F.
All bills will be made out in the name of the owner or owners of
the premises, who will be held responsible for their payment.
[Amended 4-6-1987 by Ord.
No. 943, approved 4-6-1987]
G.
A penalty of 10% will be added to all bills for water service, except
bills covering service rendered to the Commonwealth of Pennsylvania
or any department or institution thereof or to municipalities or school
districts, if not paid by the due date. In case of bills rendered
to the commonwealth or any department or institution thereof or to
municipalities or school districts, a period of 30 days shall be allowed
during which bills are payable without penalty. Consumers whose bills
in excess of $50 are arrears 30 days or more shall be notified by
mail, and, if payment is not made as prescribed by the Council, the
service shall be terminated.
[Amended 4-6-1987 by Ord.
No. 943, approved 4-6-1987; 7-1-1996 by Ord. No.
1085, approved 7-1-1996]
H.
Any payment made which does not total the full amount of money owed
by a consumer will be clearly understood to apply on account and will
not be accepted as covering the most recent billing.
I.
Whenever the consumer desires to have his service contract terminated
or his water service discontinued, he shall notify the Borough to
that effect, in writing. The consumer will be responsible for the
payment of all service rendered by the Borough until such written
notice is received and, in the instance of metered service, until
a reasonable time from receipt of such notice shall have elapsed for
the Borough to take the final reading of the meter or meters or until
water service is actually otherwise discontinued by the Borough.
J.
The presentation or nonpresentation of a bill shall not be held to
be a waiver of any of the above rules.
A.
Deposits may be required, at the option of the Borough, of consumers
taking service for a period of less than 30 days, in the amount equal
to the estimated gross bill for such temporary period. At the option
of the Borough, deposits may be required from all other consumers,
provided that in no instance will deposits be required in excess of
the estimated gross bill for any single billing period, plus one month
(the maximum period not to exceed four months in the case of quarterly
billings or two months in the case of monthly billings), with a minimum
deposit in all cases of $5.
B.
Deposits shall be returned to the depositor when he shall have paid
undisputed bills for service over a period of 12 consecutive months,
beginning at any time subsequent to the making of the deposit, and
any consumer having secured the return of a deposit will not be required
to make a new deposit unless the service has been discontinued and
the consumer's credit standing impaired through the failure to comply
with the rules and regulations stated in this article.
C.
The payment of any undisputed bills, within the meaning of this article,
shall be payment of the bill, with or without discount or penalty,
prior to the time that the notice for discontinuance of service for
nonpayment of a bill could be sent under this article, 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 consumer and if payment is made by the consumer within 10 days
thereafter.
D.
Interest on deposits will be paid at the rate of 6% per annum without
deduction for any taxes thereon. Upon deposits held for more than
one year, the Borough will pay to the depositor, at the end of each
calendar year, the interest accrued thereon.
E.
Any consumer having a deposit shall pay bills for water service as
rendered in accordance with the rules of the Borough, and the deposit
shall not be considered as payment on account of a bill during the
time the consumer has received the water service.
A.
The Borough reserves the right, at all times, after due notice, to
shut off or discontinue water service for the following reasons:
(1)
For nonpayment of water bills or neglect or refusal to comply with
the water rules and regulations of the Borough.
(2)
For misrepresentation in application as to property or fixtures to
be supplied or for the use to be made of the water supply.
(3)
For the use of water for any property or purpose other than that
described in the application.
(4)
For the waste of water through improper or imperfect pipes, fixtures
or otherwise.
(5)
In the event of vacancy of the premises.
(6)
For violation of any rules of the Borough.
(7)
For cross-connection with the Middletown water system of any private
well or water supply, and the making of such cross-connection or the
continuance thereof is hereby prohibited.
[Added 11-14-1983 by Ord.
No. 868, approved 11-14-1983]
B.
Consumer liable for expense of turning off and restoring service.
[Last amended 3-1-2004 by Ord. No. 1173, approved 3-1-2004]
(1)
In the event that the water service is shut off or discontinued for any of the reasons set forth in § 256-8A above, except delinquency, and the customer wishes to obtain reconnection of service, the customer shall be charged a fee as set forth in a fee schedule established by a properly adopted resolution of the Council of the Borough of Middletown.
(2)
In the event that water service is temporarily shut off or discontinued
for the performance of routine maintenance, repairs, replacement of
the customer's portion of the service line or lateral, and the customer
desires to obtain reconnection of service, the customer shall be charged
a fee as set forth in a fee schedule established by a properly adopted
resolution of the Council of the Borough of Middletown.
(3)
In the event that the water service is shut off or discontinued for
delinquency, and the customer desires to obtain reconnection of service,
the customer shall make the required delinquent payment, and the customer
shall be charged a fee as set forth in a fee schedule established
by a properly adopted resolution of the Council of the Borough of
Middletown.
(4)
In the event that the water service is shut off or discontinued by
the Borough due to water leakage which has not been repaired within
five days, and the customer desires to obtain reconnection of service,
the customer shall provide proof of repair to the Borough, and the
customer shall be charged a fee as set forth in a fee schedule established
by a properly adopted resolution of the Council of the Borough of
Middletown.
C.
The Borough shall have the right to cut off or discontinue water
service without notice in case of breakdown or for other unavoidable
causes beyond the control of the Borough.
D.
As the necessity may arise, in case of a breakdown, emergency or
other unavoidable cause, the Borough shall have the right to temporarily
cut off the water supply in order to make necessary repairs, connections,
etc., but the Borough will use all reasonable and practicable measures
to notify the consumer in advance of such discontinuance of service.
In such case, the Borough shall not be liable for any damage or inconvenience
suffered by the consumer, nor in any case for any claim against it
at any time for interruption in service lessening of supply, inadequate
pressure, poor quality of water or any cause beyond its control. The
Borough shall have the right to reserve a sufficient supply of water,
at all times, in its reservoir to provide for fire or any other emergencies.
[Amended 5-10-1982 by Ord. No. 819, approved 5-10-1982; 4-6-1987 by Ord. No.
943, approved 4-6-1987; 3-1-2004 by Ord. No.
1173, approved 3-1-2004]
Water from fire hydrants or other fire protection systems shall
be used only in case of fires, except that water from fire hydrants
may be used, in reasonable amounts and at such times as the Borough
Manager may permit, for the purpose of testing the hydrants and firefighting
apparatus of the Borough of Middletown, such tests to be conducted
only by the properly authorized agents or employees of the Borough
and only after the consent of the Borough Manager or designee has
been obtained. All other uses of fire hydrants or other fire protection
systems require the approval of the Borough Manager.
A.
The Borough reserves the right to restrict the supply of water in
case of scarcity or whenever the public welfare may require it.
B.
All waste of water is prohibited. A consumer shall keep his faucets,
valves, hydrants, service line and hose in good order and condition
at his own expense. Consumers are not permitted to allow water to
run to waste to prevent freezing. House piping should be properly
protected.
C.
The consumer shall notify the Borough in writing, whenever he desires water service to be temporarily discontinued, and all charges will cease in accordance with the provisions of § 256-6I. No refund or allowance will be made for unoccupied property when written notice has not been given. No refund will be allowed for property unoccupied for a period of less than three months' duration. The rule immediately above stated applies to vacancies of a property also, and, upon failure to properly notify the Borough, the consumer will be responsible for any damage arising to the company's property from such failure.
D.
Only the authorized agents of the Borough shall have the right to
turn on water service into any premises, except that such service
may be turned on temporarily by a plumber for testing purposes, and
said plumber shall shut off such water service after his temporary
use of it. Only authorized agents of the Borough shall have the right
to open or close any of the Borough's valves in any public or private
line.
E.
The authorized agents of the Borough shall have the right of access,
at all reasonable hours, to the premises supplied with water for the
purpose of reading meters, examining pipes and fixtures, observing
the manner of using pipes and fixtures, observing the manner of using
water and for any other purpose which is proper and necessary in the
conduct of the water business and will carry with them proper credentials
denoting their employment by the Borough.
(1)
Alternative means to obtain meter reading. The Borough is authorized
to undertake reasonable alternative measures to obtain a meter reading.
When Borough personnel are unable to obtain access to obtain the actual
meter reading, the Borough may provide preaddressed postcards upon
which the consumer may note the reading. Telephone reporting of the
reading may be made when prior arrangement satisfactory to the Borough
has been made by the consumer.
[Added 10-10-1983 by Ord.
No. 867, approved 10-10-1983]
(2)
Estimated bills. The Borough may estimate the bill of any consumer if Borough personnel are unable to gain access to obtain an actual meter reading. While it is not necessary that such estimated bills be preceded by attempted action under Subsection E(1) and § 256-14 empowers the Borough Manager to make exceptions, the Borough may choose to be guided by notations or reports of the meter reading received from the consumer before invoking this traditional and useful practice of estimating the bill.
[Added 10-10-1983 by Ord.
No. 867, approved 10-10-1983]
(3)
Remote readers or discontinuance of service. If or when the consumer does not provide access to read the meter as required by Subsection E, the Borough is also empowered to require that the consumer pay the Borough to put in a remote meter (on a reimbursable basis). For neglect or refusal to comply with any of the foregoing (or future) amendments to the water rules and regulations of the Borough, § 256-8 of this article shall apply, and water service may be discontinued.
[Added 10-10-1983 by Ord.
No. 867, approved 10-10-1983]
F.
The Borough will not be liable for any claims or damage arising from
a shortage of water, the breakdown of machinery or other facilities
or any other cause beyond its control.
G.
No agent or employee of the Borough shall have the right or authority
to bind it by any promise, agreement or representation contrary to
the letter or intent of this article.
H.
The Borough reserves the right to alter or amend this article in
the manner provided by law.
I.
Each of the following classes of premises or occupancies shall constitute
a separate consumer for which separate application for service must
be made.
(1)
A building under one roof and occupied as one residence or business.
(2)
A combination of buildings in one enclosure and occupied by one family.
(3)
One side of a double house having a solid vertical partition wall.
(4)
Each side or each part of a house occupied by more than one family
or business, even though common.
(5)
Each apartment, office or suite of offices located in a building
having several such apartments, offices or suites of offices and using
in common one or more means of entrance.
(6)
Each house trailer, whether or not the same is permanently fixed
to a foundation or remains movable, but to which service is rendered.
[Added 5-19-1960 by Ord.
No. 396, approved 5-19-1960]
J.
Each consumer will be supplied through a separate service line and, if on a meter basis, through a separate meter, except in cases noted in Subsection I(4), (5) and (6), as above defined, in which case each family, office, suite of offices, business and trailer shall be considered a separate consumer, even though supplied through a common service line or meter.
[Amended 5-19-1960 by Ord. No. 396, approved 5-19-1960]
[Added 9-9-1985 by Ord.
No. 898, approved 9-9-1985]
A.
No water shall be provided for internal or external use to any residential, commercial industrial, agricultural, recreational, governmental or public building or structure of any kind which is constructed or remodeled and in which plumbing, water piping or water fixtures are to be installed, extended or altered in any way and for which construction a permit is required to be obtained from the Borough of Middletown (or would be required but for an exemption from a permit requirement for public or governmental agencies) unless the new, extended or altered plumbing, water piping and other water-using fixtures therein conform to the requirements and standards of Subsection A(3) of this section. The provisions of this section shall apply to any such building or structure for which such a building permit is issued, or would otherwise be required to be issued for such an exemption, on or after the ninth day of September 1985.
(1)
Customers shall be encouraged not to permit any water furnished by
the Borough of Middletown to run to waste in any gutter or other impervious
surface.
(2)
Each resident or property owner of the Borough of Middletown is urged
to install fixtures which will reduce the quantity of water required
to flush toilets and to reduce the flow rates of showers and faucets.
(3)
Requirements and standards.
(a)
Water closets operated by flush tanks. The water consumption
of water closets operated by flush tanks shall not exceed an average
of 3.5 gallons per flush over a range of test pressures from 20 to
80 pounds per square inch gauge or a maximum of 4.0 gallons per flush
cycle at any one test pressure. The fixture shall perform in accordance
with the flushing test requirements cited in the ANSI 112.19.2 Vitreous
China Plumbing Fixtures Standard.
(b)
Water closets and urinals operated by flushometers.
[1]
Water closet water consumption shall not exceed an average of
3.0 gallons per flush cycle over a range of test pressures from 20
to 80 pounds per square inch gauge or a maximum of 3.5 gallons per
flush cycle at any one test pressure. The flushometer shall be adjusted
according to manufacturer's specifications. The fixture shall perform
in accordance with the flushing test requirements cited in the ANSI
112.19.2 Vitreous China Plumbing Fixtures Standard.
[2]
Urinal water consumption shall not exceed an average of 1.0
gallon per flush cycle over a range of test pressures from 20 to 80
pounds per square inch gauge or a maximum of 1.5 gallons per flush
cycle at any one test pressure. The flushometer shall be adjusted
according to manufacturer's specifications. The fixture shall perform
in accordance with the flushing test requirements cited in the ANSI
112.9.2 Vitreous China Plumbing Fixtures Standard.
(c)
Showerheads. Showerhead discharge rates shall not exceed 2.75
gallons of water per minute over a range of test pressures from 20
to 80 pounds per square inch gauge. The fixture shall perform in accordance
with the test requirements cited in the ANSI 112.18.1. Finished Rough
Brass Plumbing Fixture Fittings Standard.
(d)
Sink faucets.
[1]
Kitchen sink faucet discharge rates shall not exceed 2.75 gallons
of water per minute over a range of test pressures from 20 to 80 pounds
per square inch gauge. The fixture shall perform in accordance with
the test requirements cited in the ANSI 112.18.1 Finished Rough Brass
Plumbing Fixture Fittings Standard.
[2]
Residential lavatory sink faucet discharge rates shall not exceed
2.75 gallons of water per minute over a range of test pressures from
20 to 80 pounds per square inch gauge. The fixture shall perform in
accordance with the test requirements cited in the ANSI 112.18.1 Finished
Rough Brass Plumbing Fixture Fittings Standard.
[3]
Nonresidential lavatory faucets shall be either self-closing
or metering faucets as described below:
[a]
Self-closing faucets shall not exceed an average
discharge rate of 0.5 gallon per minute between the pressures of 20
and 80 pounds per square inch gauge when tested in accordance with
the discharge test procedure cited in ANSI A112.18.1, Finished and
Rough Brass Plumbing Fixture Fittings.
[b]
Metering faucets shall be field adjustable and
set so that the discharge quantity shall not exceed 0.5 gallon of
water per cycle.
(e)
Blowout toilets and urinals. Replacements of blowout toilet
and urinal fixtures with like-type fixtures may be granted by local
officials, upon request, where adequate justification of special need
is provided.
(f)
Pressure-reducing valve. Where the service water pressure to
a building is expected to exceed 60 pounds per square inch, a water-pressure-reducing
valve with strainer shall be installed just downstream of the buildings's
main valve so as to be accessible. The valve shall provide for pressure
adjustment within the range of 50 to 60 pounds per square inch. The
valve shall conform to the requirements of product standard ASSE 1003.
Exemptions to this subsection are service lines to sill cocks, outside
hydrants and main supply risers to buildings where pressure from the
mains does not exceed 60 pounds per square inch at the fixture branches
or at individual fixtures.
(4)
Any person(s) may apply to the Borough of Middletown for an exception
to the terms of this section, which exception may be granted, in the
discretion of the Council, upon proof that some other device, system
or procedure will save as much or more water as those set forth herein
or that those set forth herein cannot be complied with without undue
hardship.
(5)
The Council may, from time to time, modify, add to or remove from
the standards and restrictions herein.
(6)
It shall be unlawful for any person to use or apply water received from the Borough of Middletown contrary to or in violation of the restriction herein, and, upon conviction thereof, such person shall be punished as provided in § 256-15 of this article.
[Amended 4-6-1987 by Ord.
No. 943, approved 4-6-1987]
B.
The following water conservation stages shall be in effect at the
following times. When Stage 2 or Stage 3 water rationing is in effect,
no person, firm, corporation or any other entity shall use any water
in violation of any provision of this subsection.
[Added 8-4-1986 by Ord.
No. 918]
(1)
Stage 1 voluntary conservation. Voluntary water conservation shall
be in effect whenever the Borough Manager or the Borough Council declares
that the water supply or the capacity of the water system to deliver
water is approaching levels at which water rationing will be required
to preserve the ability of the Borough to deliver a necessary amount
of water to each water user. Procedure for Stage 1 will be as follows:
(a)
The Borough Manager or the Borough Council will make public
announcements in the news media that Stage 1 voluntary water conservation
is in effect. The announcements will include a description of the
provisions in effect.
(b)
Persons will be urged to conserve water in every way possible,
in their homes and in their businesses.
(c)
People will be urged to avoid sprinkling their lawns and avoid
watering gardens, shrubs or trees with a hose, unless the lawn, garden,
shrubs or plants need the water to avoid damage and at any rate not
more often than every second day for not more than four hours a day.
(2)
Stage 2 water rationing. Stage 2 will be in effect when the Borough
Manager or the Borough Council declare that Stage 1 will be or has
been ineffective in guaranteeing that the Borough will have the ability
to deliver a necessary amount of water to each water user. Procedure
for Stage 2 will be as follows:
(a)
The Borough Manager or the Borough Council will make public
announcements through the news media concerning Stage 2 water rationing
whenever Stage 2 water rationing is in effect. The announcement will
include a description of the restrictions.
(b)
The following will be in effect:
[1]
No water shall be used for the watering of lawns except:
[a]
Water may be used at the minimum rate necessary
to establish and maintain newly seeded and sodded grass areas when
applied between the hours of 5:00 p.m. and 9:00 a.m. by means of a
bucket, can or handheld hose equipped with an automatic shutoff nozzle.
[b]
Water may be used at the minimum rate necessary
to establish and maintain newly seeded or sodded nonresidential grass
areas exceeding 10,000 square feet when applied between the hours
of 5:00 p.m. and 9:00 a.m., by any means designed and operated to
assure effective conservation of the water and approved by the Borough
Manager.
[2]
No fresh water shall be used for watering of outdoor gardens,
landscaped areas, trees, shrubs and other outdoor plants, by means
other than a bucket, pail or handheld hose equipped with an automatic
shutoff nozzle; such applications, however, must be made between the
hours of 5:00 p.m. and 9:00 a.m. However, fresh water may be applied
by means of a handheld container or handheld hose equipped with an
automatic shutoff nozzle at the minimum rate necessary to establish
and maintain newly planted gardens, trees, shrubs or other outdoor
plants. Sources of water, other than fresh water, should be used where
available.
[3]
No water shall be used for washing paved surfaces such as streets,
roads, sidewalks, driveways, garages, parking areas, tennis courts
and patios, except:
[4]
No water shall be used for washing or cleaning of mobile equipment,
including automobiles, trucks, trailers and boats, except:
[a]
Water may be used by commercial car washes equipped
with facilities which recycle water or with timed water-dispensing
equipment which restricts flow to three gallons per minute.
[b]
Water may be used for cleaning of construction,
emergency, public transportation or government vehicles where necessary
to preserve the proper functioning of the vehicle.
[5]
No water shall be used to fill and top off domestic swimming
pools.
(3)
Stage 3 water rationing. Stage 3 water rationing will be in effect
whenever restrictions beyond Stage 2 water rationing are necessary
so that no water customer inside the Borough limits will be left without
water. The Borough Manager shall impose Stage 3 water rationing when
in his or her opinion such restrictions are required under the terms
of this subsection, provided that the Borough Council will consider
the action of the Borough Manager at the next meeting at which the
matter may be considered, and the Borough Council may continue the
Stage 3 water rationing.
(a)
The following restrictions will be in effect:
[1]
The Borough Manager will make a public announcement through
the news media that Stage 3 water rationing is in effect. The announcement
will include a description of the provisions in effect.
[2]
No water will be used for sprinkling lawns, and no water will
be used from a hose to water any garden, shrubs or trees. These restrictions
will not apply to any person, firm or corporation engaged in the business
of growing or selling plants of any kind.
[3]
No water shall be used for the washing of paved surfaces such
as streets, roads, sidewalks, driveways, garages, parking areas, tennis
courts and patios.
[4]
No water shall be used for washing and cleaning of mobile equipment,
including automobiles, trucks, trailers and boats, except water may
be used by commercial car washes equipped with facilities which recycle
water or with timed water-dispensing equipment which restricts flow
to three gallons per minute.
[5]
Water may be used for cleaning of construction, emergency, public
transportation or government vehicles where necessary to preserve
the proper functioning of the vehicle.
[6]
No water shall be used to fill and top off domestic swimming
pools.
(b)
It is the policy of the Borough to keep Stage 3 in effect for
no longer than absolutely necessary. The Borough Manager and the Borough
Council shall take steps to lift the Stage 3 restrictions as soon
as lifting the restrictions will not result in any water users within
the Borough limits being unable to get water.
(4)
Awards. When Stage 1 water conservation is in effect, and while any
stage of water rationing is in effect, the Borough Manager will offer
at least one award each month. The award will be a citation or other
appropriate recognition, to be given to an individual of any age who
produces a useful suggestion for saving water. The award may be for
discovering a substantial water leak, for suggesting a way to do things
successfully with less water, or for any idea that offers hope of
reducing water consumption.
(5)
Responsibility. No person shall be convicted of violating this subsection
unless such person in fact turned on water, directed the turning on
of water or kept water turned on after learning it was turned on in
violation of this subsection or failed to turn off automatic devices
capable of turning on water in violation of this subsection. It will
not be necessary, however, to present a witness who saw the accused
turning on the water, if the circumstances indicated the accused did
turn on the water.
(6)
Reports and review of rationing. The Borough Manager will make reports
to the Borough Council at least once a week while rationing is in
effect. The Borough Council will review the reports and consider any
changes that may be desirable in the regulation set out in this subsection.
(7)
Explanations. The Borough Manager will from time to time send, along
with monthly water bills, an explanation of the regulations set out
in this subsection.
(8)
Penalty. Any person, firm, corporation or other entity violating
any provision of this subsection shall be fined a sum of not more
than $250 or, in default of payment of said fine or costs, shall undergo
imprisonment for a period not in excess of 10 days.
[Last amended 8-18-2014 by Ord. No. 1303, approved 8-18-2014]
A.
Uniform volumetric charge.
(1)
All users shall pay a uniform volumetric charge, as follows: $0.730
per 100 gallons per month; $0.500 per 100 gallons per month for wholesale
purchasers.
(2)
Borough of Royalton. The Borough of Royalton shall be billed for
water use pursuant to an intermunicipal agreement between the parties
or, in the absence of an intermunicipal agreement, at the wholesale
rate specified above.
(3)
All water usage shall be billed in arrears.
B.
Customer charge: $3.25 per month per service location to be included
in the billing rate.
C.
Variable service/meter charge. In addition to the uniform volumetric
charge and customer charge set forth above, all customers shall pay
a variable service/meter charge, determined as follows:
|
Meter Size
(inches)
|
Minimum Charge
|
|---|---|
|
5/8
|
$12.60
|
|
3/4
|
$13
|
|
1
|
$13.80
|
|
1.25
|
$14.80
|
|
1.5
|
$15.40
|
|
2
|
$16.20
|
|
2.5
|
$18
|
|
3
|
$20
|
|
4
|
$24
|
|
6
|
$32
|
|
8
|
$36.80
|
D.
Lower Swatara Township. Those customers who shall be in Lower Swatara
Township, but maintain a service connection to the Borough of Middletown
for the supply of water service shall be subject to the same fees
and charges as those connections within the Borough.
[Added 3-1-2004 by Ord.
No. 1173, approved 3-1-2004]
The Borough Council shall establish a fee schedule setting miscellaneous
water system fees and charges by a properly approved resolution of
the Borough Council.
[Added 5-2-2005 by Ord.
No. 1193]
A.
In cases where the Borough is replacing a majority of the water meters
within the service area (a "replacement project"), the below water
rates (the "discrepancy rate") shall apply to any volume of water
that is discovered to have not been billed during the term of the
old/previous meter (the "discrepancy amount").
(1)
The minimum billed quantity shall be 1,000 gallons, and use
shall be calculated in one-thousand-gallon quantities, or any part
thereof.
(2)
For discrepancy amounts between 1,000 gallons and 4,000 gallons,
the discrepancy rate is $8.57 per 1,000 gallons.
(3)
For discrepancy amounts for quantities between 4,000 gallons
up to 1,000,000 gallons, the discrepancy rate is $0.0000857 per 1,000
gallons, for that part.
(4)
For discrepancy amounts in excess of 1,000,000 gallons, the
discrepancy rate is $0.001 per 1,000 gallons.
B.
The discrepancy rates in § 256-12.2A shall apply only to those amounts that went unbilled and were discovered during a replacement project. The discrepancy rates shall not apply to billing and usage discrepancies discovered at any other time.
C.
Any customer that may have previously paid a discrepancy amount invoice
calculated at any rate other than the discrepancy rate shall be entitled
to a refund, which shall be applied against the existing account as
a credit. Credit calculated hereunder shall apply to any discrepancy
amount discovered from October 18, 2004, through the end of the replacement
project.
[Last amended 3-1-2004 by Ord. No. 1173, approved 3-1-2004]
The Borough Council shall establish a fee schedule setting fire
protection rates by a properly approved resolution of the Borough
Council.
[Amended 12-9-1963 by Ord. No. 454, approved 12-9-1963]
The Borough Manager shall have the right to interpret and make
exceptions to the rules and regulations set forth herein, but final
authority shall rest with the Borough Council.
[Added 4-6-1987 by Ord.
No. 943, approved 4-6-1987; amended 7-11-1988 by Ord. No. 972, approved 7-11-1988]
Any person, firm or corporation violating or failing to comply
with any provision of this article shall, upon conviction thereof,
be sentenced to pay a fine not exceeding $600, plus costs of prosecution,
and, in default of payment of such fine and costs, to imprisonment
for a term not exceeding 30 days.
[Adopted 12-3-2001 by Ord. No. 1146, approved 12-3-2001]
Middletown Borough Council has determined, based upon a study
and report prepared by its consulting engineer, that a substantial
expenditure must be made for capital additions and improvements to
the existing water system and appurtenant facilities operated by Middletown
Borough in order to provide service for future users of the water
system, and has further determined that the cost of construction and
financing of such capital additions and improvements would create
an unreasonable and inequitable economic burden upon the Borough and
the existing users of the water system. It is, therefore, deemed to
be in the public interest of the Borough, the existing users of the
water system, and future users, that all improved properties hereafter
connected to the water system pay a tapping fee designed and calculated
to create a capital reserve fund to provide the cost of construction
and financing of such capital additions and improvements. The purpose
of this article is to provide for the imposition and collection of
such tapping fees.
When used in this article, the following words, terms and phrases
shall have prescribed to them the meanings hereafter set forth:
A building which is intended to be used for continuous or
periodic habitation by human beings and containing two or more family
dwelling units; or which contains business or professional offices
and one or more family dwelling units; or which contains business,
professional or any other similar type of office or offices.
Middletown Borough Municipal Authority.
The Borough of Middletown, Dauphin County, Pennsylvania.
A property which is intended to be used for the purpose of
carrying on a trade, business or profession, or for social, religious,
educational, charitable or public uses.
A property which is intended to be used for continuous or
periodic habitation by human beings in a single family unit.
Equivalent domestic unit, which is equivalent to the flow
of 250 gallons per day.
Any property located within Middletown Borough upon which
there is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and which requires water
service.
A property located within Middletown Borough upon which is
intended to be used in whole or in part for the manufacture, fabrication,
processing, cleaning, laundry, conversion or assembly of any product,
commodity or article.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Includes any individual, partnership, copartnership, firm,
company, association, joint-stock company, trust, estate, government
entity, and other legal entity or their legal representatives, agents
or assigns. The masculine gender shall include the feminine; the singular
shall include the plural where indicated by context.
The schedule of connection fees, customer facilities fees
and tapping fees to be charged to sewer and water customers as established
by the Borough Council, in accordance with the provisions of Act 203
of 1990.
The complete water distribution system, including related
and necessary facilities in addition to distribution facilities, for
rendering water service in the Borough, together with any future additions,
alterations, improvements, or extensions thereto.
No person shall connect any improved property with any part
of the water system owned by the Authority and leased to the Borough
without first making application, securing a permit therefor in writing
from this Borough, making payment of the connection fee, customer
facilities fee, and tapping fee as set forth in the schedule of fees.
Such application shall be made on a form to be provided by the Borough
and shall be obtained from the office of the Code Enforcement Officer.
A.
A tapping fee is hereby imposed against any improved property and
against the owner of such improved property whenever the owner hereafter
shall connect any such improved property with a water main constituting
a portion of the water system owned by the Authority and leased to
the Borough, in the amount as set forth in the schedule of fees for
each EDU required, or the equivalent flow required by, regardless
of whether the water mains or extensions thereto are installed by
the owner, developer or by this Borough. In the case of residential
uses having multiple units or uses therein, a separate tapping fee
shall be paid for each dwelling unit or apartment. In all other types
of uses, a separate tapping fee shall be paid for each EDU or the
equivalent flow required by such use, based upon the total estimated
average flow needed by such improved property. However, where the
actual average daily flow needed by such property during any quarterly
billing period during the first year after substantial occupancy exceeds
the estimated flow, the owner of such improved property shall be required
to pay the additional tapping fees as determined from the actual flow
records.
(1)
In those cases where an improved property is already connected to
the water system, and where there is an expansion of, addition to
or a change in the use of such improved property which results in
an increase in the volume of water required by such property, an additional
tapping fee shall be paid for each additional EDU or the equivalent
flow required as a result of such expansion, addition or change in
use, based upon the additional estimated average daily flow of water
to such improved property. If, during any quarterly billing period
during the first year after substantial occupancy, the average daily
flow exceeds said estimated average daily flow, the owner of such
improved property shall be required to pay the additional tapping
fees as determined from the actual flow records. In the case of domestic
uses and apartment or office uses, an additional tapping fee shall
be paid for each additional dwelling unit or apartment or each office
or suite of offices added as a result of an expansion of, addition
to, or a change in the use of such improved property.
(2)
The Borough Council shall establish a fee schedule for water tapping
fees by a properly approved resolution of the Borough Council.
B.
A water connection fee is hereby imposed against any improved property
and against the owner of such improved property whenever the owner
hereafter shall connect any such improved property with a water main
constituting a portion of the water system owned by the Authority
and leased to the Borough. The Borough Council shall establish a fee
schedule for water connection fees by a properly approved resolution
of the Borough Council.
C.
A water customer facilities fee is hereby imposed against any improved
property and against the owner of such improved property whenever
the owner hereafter shall connect any such improved property with
a water main constituting a portion of the water system owned by the
Authority and leased to the Borough. The Borough Council shall establish
a fee schedule for water customer facilities fees by a properly approved
resolution of the Borough Council.
Any fee imposed hereunder shall be due and payable at the time
application is made by the owner of any improved property for a permit
to connect such improved property with the water system.
Any fee imposed by this article shall be a lien on the improved
property connected to and served by the water system where such fees
or charges are not paid as provided herein. Said lien shall be filed
in the office of the Prothonotary of Dauphin County, Pennsylvania,
and shall be collected in the manner provided by law for the filing
and collecting of municipal claims. In addition, the payment of said
tapping fees imposed hereunder may be enforced by this Borough in
any manner appropriate under existing laws at the time they become
due and payable.
All revenues received by this Borough from the tapping fees
imposed by this article shall be segregated by accounting practices
from other revenues of the Borough received in connection with the
operation of the water system, and shall be credited to a capital
reserve account. Said revenues shall be used for the purpose of construction
and financing of such capital additions and improvements to the water
system as may be required from time to time.
