[HISTORY: Adopted by the Borough Council of the Borough of
Middletown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-6-1993 as Ord. No. 1050, approved 12-6-1993]
Unless the context specifically and clearly indicates otherwise,
the meaning of the terms and phrases used in this article shall be
as follows:
The Act of Assembly of the Commonwealth of Pennsylvania known
as the "Municipality Authorities Act of 1945," approved May 2, 1945,
P.L. 382, 53 P.S. § 301 et seq.,[1] together with all supplements and amendments thereto.
An application, in writing on a form to be provided, to the
Borough for water service.
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.
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 extension from the water system of any structure to the
lateral of a main.
The Commonwealth of Pennsylvania.
A water outlet for public fire protection.
Any property within this Borough upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals.
That part of the water system extending from a main to the
curbline or, if there shall be no curbline, to the property line or,
if no such lateral shall be provided, then "lateral" shall mean that
portion of, or place in, a main which is provided for connection of
any building main.
Any pipe or conduit constituting a part of the water system
used or usable for water distribution purposes.
A consumer who shall have a separate water meter installed
on his premises which shall register the amount of water consumed
therein.
The rate charged per thousand gallons of water, depending
upon the size of the meter installed in the consumer's premises.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipal authority or other group
or entity.
The connection of the service line to the curb box and cock,
which service connection 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 facility.
The use of water service by a consumer in accordance with
the class, scope and type of use and the purpose stated in this 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.
All facilities, as of any particular time, for supply, transmission
and distribution of water owned by the Authority or leased by the
Borough to the Authority.
[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.Â
The owner of any improved property abutting upon any street in which
there is a main constituting part of the water system shall connect
such improved property with such main and shall use such water system,
in such manner as the authority may require, within 90 days after
notice to such owner from this Borough to make such connection; subject,
however, to such limitations and restrictions as shall be established
herein or otherwise shall be established by this Borough, from time
to time.
B.Â
The notice by this Borough to make a connection to a main, referred to in § 257-2A, shall consist of a copy of this article, including any amendments and/or supplements in effect at the time, or a summary thereof, and a written or printed document requiring the connection in accordance with the provisions of this article, and specifying that such connection shall be made within 90 days after the date of such notice is given or served. Such notice may be given or served at any time after the appropriate main or lateral is in place that can deliver water to the particular improved property. Such notice shall be given to or served upon the owner by personal service or by certified mail to his last known address or by such other means as shall be permitted by law.
A.Â
No private well shall be constructed within the Borough after the
effective date of this article except in accordance with such regulations
as the Borough may adopt.
B.Â
All private wells in service as of the effective date of this article
must be removed from service and capped at such time as the well owner
is connected to the water system. The well owner's duty to remove
his well from service and to cap his well is contingent upon the Authority's
agreement to reimburse the well owner for the cost of capping the
well and for the cost of constructing a service line on the well owner's
property to connect to the public water system. Said duty is also
contingent upon the authority's waiving of the customary tap-on
or connection fee.
C.Â
Notwithstanding § 257-3B, a private well in service on the effective date of this article which is connected to an outside faucet may remain in service subject to the following conditions:
(1)Â
The owner, at his own expense, severs the well and the outside faucet
from his household system. The authority and the Borough retain the
right to inspect the owner's water system to ensure that the
owner's private well system is not cross-connected with the public
water system.
(2)Â
The owner posts a sign, to be provided by the Authority, in a conspicuous
location near the faucet so that anyone using the well is certain
to see it. The sign shall contain a warning that water from the well
may be contaminated, and that it should not be used for drinking or
cooking.
(3)Â
The owner signs a form releasing the Authority, the Borough and the
employees and representatives of the Borough and the Authority from
any liability for injuries suffered by anyone as a result of drinking
or otherwise consuming water from the private well.
(4)Â
The owner provides access to the outside faucet to Authority and
Borough employees and representatives for purposes of taking water
samples.
(5)Â
Upon the transfer of title to the property upon which the private
well is located, the outside faucet must be disconnected from the
private well, and the private well must be capped. This duty to cap
the well is contingent upon the Authority's agreement to reimburse
the well owner for the cost of capping the well.
D.Â
The following private wells and activities shall be exempted from § 257-3B; provided, however, that such exemptions are conditioned upon these private wells not interfering with the public water supply. The exemptions set out in this subsection are subject to such regulations to protect public safety as the Borough may adopt. The Borough reserves the right to inspect and regulate the water usage permitted under this subsection and to order the placing of signs to protect against human consumption of the water.
(1)Â
Private wells constructed and in use as of the effective date of
this article and utilized solely for the production of water supply
for commercial swimming pools and facilities.
(2)Â
Private wells constructed and in use as of the effective date of
this article and utilized solely for the production of water supply
for the operation of air conditioning equipment of commercial and
nonprofit fraternal organizations.
(3)Â
Private wells owned and operated by the Middletown Area School District
constructed and in use as of the effective date of this article and
utilized solely for the production of water for the maintenance, upkeep
and irrigation of athletic fields and school grounds.
(4)Â
Such other private wells as the Borough Council, in its discretion,
may determine to be exempt. In making such a determination, the Borough
Council shall consider public health and welfare, the policies of
this article and other relevant factors.
E.Â
The use within the Borough of water produced from private wells located
outside the Borough and connected to residences or other facilities
located in the Borough shall be prohibited.
F.Â
The provisions of this article shall not apply to any private well
which services residences or other properties within the Borough to
which public water supply is not available.
G.Â
Notice of any amendment or elimination of this article must be provided,
in writing, to the Department of Environmental Protection within 30
days of the effective date of the amendment or repeal.
[Added 7-19-2016 by Ord.
No. 1327, approved 7-19-2016]
A.Â
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.
B.Â
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.
A.Â
Any person who shall violate any portion of this article shall be
liable, upon summary conviction for a first offense and upon summary
conviction for each subsequent offense, to a fine of not more than
$600, together with costs of prosecution in each case. Each day that
a violation shall continue shall be deemed and shall be taken to be
a separate offense and shall be punishable as such.
B.Â
Fines and costs imposed under the provisions of this article shall
be enforceable and recoverable in the manner at the time provided
by applicable law and shall be payable to this Borough.
This article shall become effective immediately.
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.
It is declared that enactment of this article is necessary for
the protection, benefit and preservation of the health, safety and
welfare of inhabitants of this Borough.
All ordinances or parts of ordinances and all resolutions or
parts of resolutions that are inconsistent with this article shall
be and the same expressly are repealed.
