[Adopted 2-12-2018 by Ord. No. 2018-1]
Unless the context specifically and clearly shall indicate otherwise, the meanings of terms and phrases used in this article shall be as follows:
BOROUGH
The Borough of Newton Hamilton, Mifflin County, Pennsylvania.
CONSUMER
A person who, prior to, upon or after the effective date hereof, has contracted or shall contract, as appropriate, for water service for a consumer unit; and a person who, prior to, upon or after the effective date hereof, was receiving or shall receive, as appropriate, water service for a consumer unit, with respect to the water system.
CONSUMER UNIT
A. 
A building under one roof and occupied by one family or business; or
B. 
A combination of buildings in one enclosure or group and occupied by one family or business; or
C. 
One side of a double building or house having a solid vertical partition; or
D. 
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
E. 
Each room or group of rooms in a building house or other structure 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
F. 
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; or
G. 
Each mobile home or trailer occupied by one family or business; or
H. 
Each public school or municipal building; or
I. 
Any combination of the foregoing which shall receive water service through one service connection to the water system.
PERSON
An individual, a partnership, an association, a corporation, a joint-stock company, a trust, an unincorporated association, a governmental body, a political subdivision, a municipality, a municipal authority, or other group or entity.
WATER SYSTEM
The waterworks, water supply works, and water distribution system facilities, together with all appurtenant facilities and properties, including all property, real, personal and mixed, which this Borough has acquired or constructed, together with all appurtenant facilities which this Borough hereafter shall acquire or construct, including all property, real, personal and mixed, rights, powers, licenses, easements, rights-of-way, privileges, franchises, and all other property or interests in property of any nature for use in connection with constructing, operating and maintaining said water facilities, and all additions, extensions, alterations, and improvements which hereafter, from time to time, may be made thereto.
WAYNE TOWNSHIP
The Wayne Township Municipal Authority, its heirs, successors and assigns, which has historically been a bulk rate customer of the water system.
A. 
The following water rates, rents, and charges are ratified, fixed, adopted, established, and imposed upon each consumer served or to be served by the water system, for use thereof:
Residential
Effective July 1, 2018:
$7 per 1,000 gallons
$40 per month meter charge
Wayne Township
$6 per 1,000 gallons
$550 per month meter charge
B. 
Where more than one consumer unit is located in a single building house or other structure owned by one consumer and such building house, or other structure, at the discretion of this Borough, is served by one service connection, multiple charges per month shall be imposed upon such consumer equal to the number of consumer units located in such building house, or other structure. Such multiple charge per month shall be computed by applying the rates established under this § 230-19 to each consumer unit so served; and
C. 
Water service to building contractors shall be furnished in accordance with the schedule of water rates, rents, and charges established under this § 230-19, as applicable, after a suitable deposit based upon the size of the construction project contemplated has been made; provided, however, that nothing herein shall be construed to prevent this Borough from entering into a separate agreement with a building contractor or any other person for the furnishing of water services at rates, rents, and charges other than as set forth in this § 230-19.
A. 
Bills for consumers shall be rendered for water service on the 30th day of each month or as soon after the 30th day of each month as is possible and shall represent the amount due for water service rendered during such calendar month;
B. 
All bills for water service shall constitute the net bill and shall be due and payable as of the date thereof. If any such net bill for water service shall not be paid within 30 calendar days after the same shall become due and payable, such net bill shall be deemed delinquent, and a penalty of $25 shall be added to such net bill after 30 calendar days and a penalty of $50 shall be added to such net bill after 60 days, which net bill, plus such applicable penalty, shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of such applicable thirty- or sixty-day period, as above set forth, shall constitute payment within such period. If the end of such applicable thirty- or sixty-day period shall fall on a legal holiday or on a Sunday, payment made or mailed and postmarked on the next succeeding business day which is not a legal holiday shall constitute payment within such applicable thirty- or sixty-day period;
C. 
If a bill for a water service shall remain unpaid for a period of 60 days after the same shall have become due and payable, water service may be discontinued by this Borough upon five days' written notice to the consumer whose bill is delinquent, in which case water service will not be restored until the gross bill, together with a disconnect service charge of $50 and a resumption of service charge of $50, shall have been paid;
D. 
Whenever water service to any consumer shall begin after the first day or shall terminate before the last day of any monthly billing period, the water rates, rents, and charges for such period shall be prorated equitably for that portion of the monthly billing period during which service was provided;
E. 
Each bill for water service shall be made out in the name of and shall be the responsibility of the consumer. Where more than one consumer unit is located in one building house, or other structure owned by one consumer, this Borough shall treat such owner as the consumer with respect to all such consumer units located therein, and such owner shall be billed for and shall be responsible for payment of all water rates, rents, and charges for water service rendered by this Borough to all such consumer units. Each consumer initially shall provide this Borough with, and thereafter shall keep this Borough advised of, his correct address. Failure to receive a bill for water service shall not be considered an excuse for nonpayment, nor shall such failure result in an extension of the period of time during which such bill shall be payable without penalty. In the event such consumer is not the owner of the property receiving water service, the owner or owners of such property shall be responsible for payment of any delinquent bills for services and charges incurred by such consumer; and
F. 
A consumer desiring abatement of a water service due to a vacancy shall give notice, in writing, to this Borough requesting water service to be shut off. All vacancies shall date from the day the required notice is received by this Borough or from the date specified in the notice requesting water service to be shut off, whichever is later. Allowance shall be made for the period of vacancy in computing the bill of the consumer; provided, however, that no abatement shall be made for a period of less than one month.
A. 
Water rates, rents, and charges imposed by this article, to the extent permitted by law, shall be a lien on the property connected to and served by the water system; and any such water rates, rents, and charges which shall be delinquent, to the extent permitted by law, shall be filed as a lien against the property so connected to and served by the water system, which lien shall be filed in the office of the Prothonotary of Mifflin County, Pennsylvania, and shall be collected in the manner provided by law for the filing and collecting of municipal claims; and
B. 
Proper officers of this Borough are authorized and directed to do all things and to take all legal action necessary, including the filing of municipal claims in accordance with law, to enforce collection of water rates, rents, and charges established and imposed hereby and otherwise to carry out provisions hereof.
A. 
This Borough, from time to time, in accordance with law, by appropriate ordinances may enact such additional rules and regulations as, in the opinion of the Council of this Borough, may be desirable, beneficial, or necessary for or in connection with use and operation of the water system and which shall govern and control the distribution and supply of water by this Borough to consumers in the Borough;
B. 
Any such rules and regulations shall be construed in conjunction with provisions hereof and shall become effective as provided by law; and
C. 
This Borough may, by ordinance, duly assign or contract with any person to provide such services as it deems necessary under this article.
This article shall become effective as provided by law.
In the event any provision, section, sentence, clause, or part of this article shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause, or part of this article, it being the intent of this Borough that such remainder shall be and shall remain in full force and effect.
All ordinances or parts of ordinances of this Borough which are inconsistent herewith expressly shall be and are repealed.