Borough of Newton Hamilton, PA: Right to authorize operation reserved by Borough.

As used in this article, the following terms shall have the meanings indicated:

Newton Hamilton Borough Authority, a Pennsylvania municipal authority.

The Borough of Newton Hamilton, Mifflin County, Pennsylvania, a Pennsylvania municipal corporation, acting by and through its Council or, in appropriate cases, acting by and through its authorized representatives.

CONSUMER

A person who, prior to, upon or after the effective date hereof, has contracted or shall contract for water service for a consumer unit and/or a person who, upon or after the effective date hereof, is receiving or shall receive water service for a consumer unit.

CONSUMER UNIT

Any of the following:

A building under one roof and occupied by one family or business; or

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

One side of a double building or house having a solid vertical partition wall; or

A building house or other structure, or any room, group of rooms or part thereof, occupied by more than one family or business, the water fixtures of which are used in common; or

Each room or group of rooms in a building occupied or intended for occupancy as a separate business or as separate living quarters by a family or other group of persons living together or by a person living alone, the water fixtures of which are not used in common; or

Each apartment, office or suite of offices in a building or house having several such apartments, offices or suites of offices and using in common one or more hallways and one or more means of entrance.

PERSON

Any individual, partnership, association, corporation, joint-stock company, trust, unincorporated association, governmental body, political subdivision, municipality, municipal authority or other group or entity.

§ 230-6 Right to authorize operation reserved by Borough.

This Borough hereby reserves the right to authorize the Authority or any other properly constituted body to operate, as an agent of this Borough, the water system facilities located within or adjacent to this Borough in order to furnish water service to consumers.

RULES AND REGULATIONS

Conditions of service and application for service.

(1)

Service connections will be made and water service will be furnished upon written application by the prospective consumer or his proper agent, duly authorized in writing, on a form prepared by the Borough for such purpose, and after approval of such application by the Borough. The application for service shall state the purpose or purposes for which water will be used and such other appropriate information as shall be required by the Borough.

(2)

All consumers receiving water service shall be bound by this article and the water rates, rents and charges of the Borough in effect, from time to time, pursuant to proper action of the Borough. The application of a consumer, this article and the water rates, rents and charges of the Borough in effect, from time to time, pursuant to proper action of the Borough, shall constitute a part of the contract between the consumer and the Borough. Each consumer, by the taking of water, agrees to be bound by this article and the prevailing water rates, rents and charges of the Borough in effect, from time to time, pursuant to proper action of the Borough, whether service is based upon contract, agreement, signed and accepted application, or otherwise.

(3)

Any modification, repeal, supplement or amendment of this article shall be applicable to and shall govern consumers receiving water service upon the effective date of such modification, repeal, supplement or amendment, as well as future consumers.

(4)

A new application must be made to and approved by the Borough upon any change in identity of a consumer or upon any change in type or purpose of water service required by a consumer. The Borough, upon seven days' written notice, may discontinue water service until such new application has been made and approved.

Deposits.

(1)

Deposits may be required from temporary consumers taking water service for a period of less than 90 days in an amount equal to the estimated gross bill for such temporary service. Deposits may be required from permanent consumers in an amount not in excess of the estimated gross bill for any single quarterly billing period; provided, however, that the minimum deposit shall be $50.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2)

The deposit of any consumer taking water service for a period less than 90 days shall be returned when he shall have paid the undisputed bill for water service. The deposit of any permanent consumer shall be returned when he shall have paid the undisputed bills for water service for a period of 12 consecutive months or for the full period of service rendered, whichever is less; and any such consumer who shall have secured the return of his deposit shall not be required to make a new deposit unless his water service has been discontinued and the consumer's credit standing impaired through failure to comply with provisions of this article or the prevailing water rates, rents and charges then in effect or any other resolution or ordinance adopted or enacted by the Borough with respect to the water system being operated by the Borough.

(3)

Payment of any undisputed bill shall be:

(a)

Payment of the bill on or prior to 30 days following the date thereof; or

(b)

Payment of a disputed bill for which payment is withheld beyond the aforementioned period and the dispute is terminated substantially in favor of the consumer, and payment is made within 10 days after settlement of the dispute.

Service connections and lines.

(1)

During the initial construction of the water transmission and distribution system facilities, all service lines from the mains to the structure to be served shall be installed by and at the expense of the Authority; provided, however, that after the completion of such installation such service lines from the curb box, curb or property line to the structure shall be maintained and kept in good repair and condition by and at the expense of the consumer. All service lines from the main to the curb or property line shall be maintained and kept in good repair and condition by and at the expense of the Borough. The installation of service lines after the completion of the initial construction of the water transmission and distribution system facilities shall be governed by the rules in Subsection C(2) through (6) of this section.

(2)

The Borough shall make all connections to water mains. Upon approval of an application for water service and upon compliance with the rule in Subsection C(5) of this section, the Borough, at the expense of the consumer, will tap the main, insert corporation cock, install a service line to the curb or, if no curb, to the property line, and insert a curb cock with curb stop, all of which facilities shall be and shall remain the property of the Authority and shall be maintained by the Borough.

(3)

All service lines from the curb box, curb or property line to the structure (and through the wall of the structure and housing facility for the meter) to be served shall be installed by the prospective consumer, at his own expense; shall be of copper or cast iron pipe approved by the Borough; shall be laid at least four feet below the surface of the ground; and shall be kept in good repair at the expense of the consumer. No service line or other connection facility between the curb box and the structure to be served shall be covered up in the process of installation until inspected and approved by the Borough.

(4)

No service line shall be laid in the same trench with a gas pipe, drain or sewer pipe or any other facility of a public service company, but must be laid in a separate trench and not less than two feet from any such facility. No service line shall be laid within four feet of any open excavation or vault.

(5)

Service connection will be made only after the prospective consumer has completed installation of his service line from the structure to be served to the curb box or has given assurance, satisfactory to the Borough, of his intention so to do and has paid to the Borough the actual cost incurred by the Borough in installing a service line to the curb or, if applicable, to the property line.

(6)

No service connection from the main to the curb box, curb or property line will be installed by the Borough when street or highway openings are prohibited or when, in the judgment of the Borough, working conditions are unreasonable for such installation.

(7)

There shall be placed on the service line, immediately within the wall of the structure to be served and so located as to drain all of the pipes in the building, a stop and waste cock, easily accessible to the occupants, for their protection in enabling them to turn off water in case of leaks and to drain pipes to prevent freezing.

(8)

The size of the service connection from the main to the curb box necessary to serve adequately a consumer and the location of such service connection shall be determined by the Borough. If any applicant for water service shall request a service connection of a greater capacity than that determined by the Borough to be adequate, or if any such applicant shall request that a service connection be located in a location different than that determined by the Borough, the Borough, in its discretion, may install such service connection in accordance with the request of such applicant.

(9)

When it is necessary to replace an existing service connection from the main to the curb box, the Borough will replace said service connection in the same location as the old service connection; provided, however, that if the consumer, for his own convenience, desires the new service connection at some other location and agrees to pay to the Borough all expenses of cutting off the old service connection at the main and any other additional expenses incurred by the Borough in complying with said request, then the Borough will install the new service connection at the location desired, if said location is approved by the Borough.

(10)

Only persons properly authorized by the Borough shall be permitted to make service line and service connection installations.

(11)

All consumers shall keep and maintain their service lines, cocks and apparatus in good repair and condition, shall protect the same from frost, and shall prevent all waste of water.

(12)

All leaks in service lines from the curb box to, in and upon the premises supplied with water shall be repaired promptly by the consumer, at his own expense. Upon failure of such consumer to make such repairs within a reasonable time, the Borough, in its discretion, upon seven days' notice, may discontinue water service to such property, after which such water service shall not be restored until and after the consumer shall have paid to the Borough the full amount of all proper and necessary expenses incurred by the Borough in discontinuing and again restoring water service, which shall include a charge of $50 for discontinuing and then restoring water service.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(13)

The Borough shall not be responsible for maintenance of any service line or any other line, pipe or fixture on the outlet side of the curb box, nor shall the Borough be responsible for any damage resulting from escape of water from any service line or any pipe or fixture on the outlet side of the curb box. The consumer at all times shall comply with all state and municipal regulations relating to service lines and any pipes and fixtures on the outlet side of the curb box and the Borough shall not be required to deliver water service thereto unless so approved. The consumer, at his own expense, shall make any and all changes to such service lines, pipes and fixtures which shall be required or made necessary as a result of any change of grade, relocation of mains or distribution lines or otherwise.

(14)

No consumer shall divert, in any manner whatsoever, water being furnished to such consumer to any other person, except with written permission of the Borough first having been requested and granted.

(15)

No person obtaining water from a private water supply, under any circumstances, shall construct or maintain, or cause or permit to be constructed or maintained, any connection, directly or indirectly, between such private water supply and the water system being operated by the Borough.

(16)

A separate service connection and curb box shall be installed for each consumer unit; provided, however, that if a building house or other structure contains two or more consumer units and the owner or owners thereof so shall request or the Borough shall deem it advisable, the Borough, in its discretion, may install a single service connection and box for such building house or other structure. When more than one consumer unit is supplied through one service connection under control of one curb box, any violation of this article by any consumer so supplied 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 this article has been given a reasonable opportunity to make application for and have installed a separate connection to the water system being operated by the Borough.

Meters.

(1)

All meters shall be furnished by the Authority or the Borough, shall be accessible to and under control of the Borough, shall be and remain the property of the Authority and shall be installed at the consumer's expense; provided, however, the cost of installation of meters may, at the discretion of the Borough or the Authority, be installed at the expense of the Borough or the Authority.

(2)

The Borough reserves the right to determine when a meter shall be installed and the size of each meter installed.

(3)

Meters shall be conveniently located within the structure supplied or in facilities for the housing thereof satisfactory to the Borough, at a point 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 at his expense. In any case where it is not convenient to place the meter within the structure, or where the service line from the curb box to the structure to be served is more than 100 feet in length, the Borough may permit the meter to be placed outside the structure in a concrete or brick vault provided with a suitable cover, lock and key. Said vault shall be at least two feet six inches inside measurement, with a cement floor, properly drained, and shall be built within the property line of the structure served at the expense of the consumer.

(4)

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 of any person living upon or being upon his premises under his employment or by his consent or sufferance, whether such damage or loss shall be caused by freezing, hot water or other cause whatsoever. The consumer shall permit no one, except an agent of the Borough or others lawfully authorized so to do, to remove, inspect or tamper with the meter or other property of the Authority on his premises.

(5)

The charge for reinstallation of meters when removed because of damage in any way for which the consumer is responsible under the rule in Subsection D(4) of this section shall be fixed by the Borough.

(6)

The quantity of water recorded by the meter shall be conclusive on both the consumer and the Borough, except when the meter has been found to be registering inaccurately or has ceased to register. In either case excepted above, the meter will be repaired promptly by the Borough, and the quantity of water consumed for the billing period when the meter was out of service or registering inaccurately shall be estimated by the average registration of the meter on the three previous corresponding billing periods.

(7)

In case of a disputed account involving accuracy of a meter, such meter shall be tested upon the request of the consumer. In the event the meter so tested is found to have an error beyond 4% of the accurate amount, the bill will be increased or decreased accordingly by an estimate based upon the average registration of the meter on the three previous corresponding billing periods.

(8)

Deposits for meter testing.

(a)

Each request for test of a meter for accuracy shall be accompanied by a deposit, as follows:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[1]

For 5/- inch to one-inch meters: $50.

[2]

For 1 1/4-inch to two-inch meters: $50.

[3]

For three-inch meters: $50.

[4]

For four-inch meters: $50.

[5]

For six-inch meters: $50.

[6]

For eight-inch meters: $50.

(b)

If the meter so tested shall be found to be correct within 4%, the deposit shall be retained by the Borough as compensation for such test; if the error in registration is found to be beyond 4% of the accurate amount, then the cost of the test shall be borne by the Borough and the amount of the deposit shall be returned to the consumer.

(9)

The consumer at once shall notify the Borough of injury to or cessation in registration of the meter, as soon as it comes to his knowledge.

(10)

The Borough shall have the right of free access at all reasonable times to the premises in or on which a meter is installed for purposes of setting, reading, testing, inspecting and/or repairing.

Discontinuance of water service.

(1)

After seven days' notice, in writing, water service to any consumer may be discontinued for any of the following reasons:

(a)

Misrepresentation, of a substantial nature, in the application for service, including, but not limited to, misrepresentation as to property or fixtures to be supplied or the use to be made of water supplied.

(b)

Failure to make payment of a bill for water service within 30 days after presentation.

(c)

Failure to properly maintain the connections, service lines and other fixtures of the consumer or to protect the meter or connections, service lines and other fixtures of the consumer from freezing and other damage.

(d)

Use of water for any property or purpose other than as stated in the application for service.

(e)

Willful waste of water through improper or imperfect pipes, fixtures or otherwise.

(f)

Tampering with or molesting any service connection, pipe, meter, curb box, curb stop or seal, stop cock, valve seat or any other appliance operated by the Borough in the supply of water and/or controlling or regulating the supply of water.

(g)

Failure to make or renew deposits.

(h)

Failure to pay any bill properly due the Borough, without regard to the manner incurred, relative to operation and maintenance of the water system being operated by the Borough.

(i)

Vacancy of premises not reported to the Borough as required by this article.

(j)

Violation of any of this article.

(k)

Violation of any resolution of the Borough pertaining to the water system being operated by the Borough.

(l)

Refusal to permit access for inspection of water facilities on the premises served or for installing, setting, reading, testing and/or repairing the meter.

(2)

After discontinuance of water service for any of the reasons set forth in the rule in Subsection E(1) of this section, water service shall not be restored until the violation has been cured, all damage and loss to the Borough occasioned by such violation has been paid and proper assurance, satisfactory to the Borough, has been given that the violation shall not occur again. All proper and necessary expenses incurred by the Borough in discontinuing and restoring water service shall be paid by the consumer in advance of the reestablishment of water service, which shall include a charge of $50 for discontinuing and then restoring water service.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(3)

Water service may be discontinued to any premises upon written order of the consumer without in any way affecting the existing contract.

(4)

When premises will be temporarily unoccupied, the consumer shall notify the Borough, in writing, and water service will be discontinued. When the premises are again occupied, the consumer shall notify the Borough, in writing, and water service will be restored. No refund or allowance will be made for an unoccupied property when written notice, both at time of vacancy and at time of resumed occupancy, has not been given as above provided. The Borough shall charge $50 for discontinuing and then restoring water service.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Fire protection.

(1)

Fire hydrants for public fire protection service will be located, installed and maintained by the Borough.

(2)

Private fire protection service may be provided by the Borough at the request and expense of any consumer.

(3)

Service connections for private fire protection service shall be of a diameter as shall be determined solely by the Borough.

(4)

No cross-connection shall be made between any service connection installed for public or private fire protection service and any service connection providing other water service to a consumer.

(5)

Water from public or private fire hydrants or other fire protection systems shall be used only in case of fires, except that water from public fire hydrants may be used, in a reasonable amount, for the purpose of testing the hydrants and firefighting apparatus, such tests to be conducted only by the properly authorized agents or employees of the Borough, under supervision of the Borough. No public fire hydrant shall be used for the sprinkling of streets, roads or alleys, for the flushing of sewers or gutters or for any purpose other than fire protection, unless specifically permitted in writing by the Borough for the particular time and occasion.

(6)

Every consumer, by the taking of water, understands and agrees that the Borough assumes no liability as an insurer of property or persons and that the Borough, by providing public and/or private fire protection service, does not contemplate any special service, pressure, capacity or facility other than that ordinarily provided in normal operation. The Borough declares, and each and every consumer agrees, that the Borough shall be free and exempt from any and all claims for injuries or damage to persons and/or property by reason of fire or water or failure to supply water, pressure or capacity.

General.

(1)

All waste of water is prohibited. No consumer shall allow water to run to waste or to run merely to prevent freezing. Each consumer shall keep his faucets, valves, hydrants, service lines and hose in good order and condition at his own expense. Sprinkling of any kind whatever must be done with ordinary spraying nozzles generally in use.

(2)

As necessity may arise in case of break, emergency or other unavoidable cause, the Borough shall have the right to temporarily cut off or limit water supplied in order to make necessary repairs and connections and for other necessary purposes. The Borough will use all reasonable and practicable measures to notify the consumer in advance of such discontinuance or limitation of service. 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 at all times to restrict or regulate the quantity of water used by consumers in case of scarcity or whenever the public welfare may require such control.

(3)

The Borough will not be liable for any claim or damage arising from a shortage of water, the breaking of machinery or other facilities or any other cause beyond its control.

(4)

Water shall not be turned on to any premises by any person not an agent or employee of the Borough, except temporarily by a plumber to enable him to test his work, provided it shall be turned off again immediately after the test is made.

(5)

In cases of vacancy, the consumer must notify the Borough, in writing, of such vacancy, and upon his failure so to do, he will become responsible for any damage to the property of the Authority arising from such failure.

(6)

No interconnection or cross-connection shall be made or permitted between the water system being operated by the Borough and any other water supply. No fixture, device or fitting shall be installed which will permit or provide a backflow connection between such water system and any well, drainage system, soil pipe or waste pipe which would permit or make possible the backflow of sewage or water into such water system.

(7)

No consumer, unless specifically authorized so to do, shall open or close any of the stop cocks or valves in any public or private water line.

(8)

Any duly authorized representative of the Borough, whose identification as such duly authorized representative has been duly established in a reasonable manner, upon reasonable cause shown, shall be authorized, upon reasonable notice and at reasonable hours, to enter in and upon and to have free access to premises then being supplied with water from the water system being operated by the Borough for the purpose of inspecting the facilities employed in connection with the use of water from such water system and for the purpose of installing, setting, reading, repairing or removing meters.

(9)

Contractors, builders or others will be required to obtain a written permit from the Borough before using water for building or construction purposes. The Borough will require a deposit upon application for use of water for building or construction purposes in the amount of $50.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(10)

Consumers using the water supply for steam boilers and depending upon hydraulic or hydrostatic pressure in the pipe system of the water system for supplying such boilers will do so at their own risk. The Borough will not be responsible for any accidents or damage to which such devices may be subjected.

(11)

House boilers for domestic use must be provided with vacuum valves in all cases in order to prevent collapsing when water is shut off from the distributing pipes. The Borough will not be responsible for accidents or damage resulting from imperfect installation or operation of such valves. Whenever steam or hot water under pressure is used, the consumer shall install, at his expense, a swing check valve to be placed directly ahead of the meter.

(12)

No water will be furnished to any premises where any possibility exists of the mingling of the water furnished by the Borough with water from any other source; nor will the Borough permit the Authority's mains or service pipes to be connected in any way to any piping, tank, vat or other apparatus containing liquids, chemicals or any other matter which may flow back into the Authority's service pipes or mains and consequently endanger the water supply. An exception may be made to this rule, at the option of the Borough, providing proper safeguards are installed, which shall be inspected and have the approval of the Borough, appropriate insurance underwriters and the Pennsylvania Department of Health, if required.

(13)

All water passing through a meter shall be charged for in accordance with the schedule of rates, rents and charges in effect at the time, and no allowance will be made for excessive consumption due to leaks or waste.

(14)

The Borough shall not be liable for any damage resulting from leaks, broken pipes or any other cause occurring to or within any house or building; and it is expressly stipulated by and between the Borough and the consumer that no claims shall be made against the Borough on account of the bursting or breaking of any main or service pipe or any attachment to the water system being operated by the Borough.

(15)

The Borough shall be under no obligation at any time to make any extension to its then-existing water mains, but may do so upon the written request of one or more prospective consumers, either wholly or in part at the expense of said prospective consumer or consumers, at the option of the Borough.

(16)

No officer, agent or employee of the Borough shall have the right or authority to vary this article or to bind the Borough by any promise, agreement or representation contrary to the letter or intent of this article.

(17)

The Borough reserves the right to repeal, alter, modify, supplement or amend this article in the manner provided by law.