City of Easton, PA Water Service and Rates

All existing improved properties or new and improved properties shall receive water service from the City through the Bureau of Water, except as set forth hereinafter. All real estate and the property owners shall be subject to all ordinances and rules and regulations of the Water Bureau necessary to regulate and control the service of water to such premises. All water service accounts shall be issued in the name of all owner(s), who shall remain the account holder(s), responsible for all charges, until the account is properly and legally terminated upon notice of transfer or request for termination services, as may be permitted under the law.

At least seven days prior to the change of ownership of any property with existing water service, the existing owner shall notify the Bureau of the date of pending transfer, the identity of the prospective owner(s) and, if applicable, shall provide a list of all current tenants of the property.

Providing that the existing owner shall give notice as required herein to the City and payment in full of the existing account, the account of the existing owner(s) shall terminate upon transfer of title. Thereafter, the new owner shall be responsible for all charges for service of water.

Any person who takes title or ownership of a property with existing water service shall be subject to termination of service and/or the penalty set forth in § 572-17 and shall nevertheless be responsible for the costs of all water services to the property until water services are terminated and, if applicable, any delinquencies, penalties, interest and costs.

In addition to any other provision of this article and other rule or regulation which may be adopted by the Easton Suburban Water Authority (ESWA), no water service shall be continued, authorized or approved to a residential property owner or prospective residential property owner who is delinquent or has been delinquent in the payment of water services to any residential property served by ESWA and/or has been served by the City within the last two years prior to the leasing of the water plant to ESWA on January 1, 2007, except upon submission of a list of all current tenants of the property, if applicable, and upon payment of the City of all outstanding accounts or a payment agreement that provides for payment in full of all outstanding accounts within a reasonable time given all circumstances and which is in the sole discretion of the City Treasurer's office, and a deposit to secure payment of future service in an amount equal to the average cost of water service to the property; the amount shall be determined in the sole discretion of the City Treasurer's office. The average cost of water service shall be based upon the actual usage during the previous 12 months, or in the event of a new or changed use, the average shall be based on the standard cost of service for such proposed use. The deposit shall be held by the City Treasurer in escrow and interest earned shall be credited to the account holder at the time the account is properly and lawfully terminated and all charges to said account have been paid in full, except that the deposit and/or interest may be paid to the account holder prior thereto, at the sole discretion and approval of the City Treasurer. In the event that a bill for water service goes into arrears during the time the security deposit is held by the City Treasurer, the City Treasurer may apply the amount held as security to satisfy the outstanding bill for water service, as long as the property owner responsible for the bill has first been given a notice of the City's intent to utilize the security deposit for that purposes, including notice of the right to contest the action for good reason, and the property owner has not contested the action. Any delinquencies for water bills incurred after January 1, 2007, will be in accordance with ESWA Rules and Regulations and fees will be collected and retained by ESWA until the expiration or termination of the current lease agreement between the City and ESWA.

[Amended 6-14-2006 by Ord. No. 4822; 7-10-2007 by Ord. No. 4981]

Whenever water service is to be shut off at the request of the City of Easton, the City of Easton shall pay for such shutoff services the sum of $50, which sum shall reimburse ESWA for the cost of such shutoff services. In addition, the City of Easton shall pay to ESWA the estimated loss of water revenue resulting from such shutoff. The estimated loss of water revenue shall be determined on the basis of average bills for such service determined over the previous six-month period and shall be submitted after service has been resumed or more than two months elapse after service has been shut off, then at the end of each two-month period. Additionally, the City of Easton will remit to ESWA any expenses incurred by Suburban which exceed the $50 payment. Nothing contained herein shall limit the City of Easton's right to recover such sums paid to Suburban from the delinquent owner or user.

The City of Easton, contemporaneously with providing ESWA with a request to shut off water service to a customer of the City of Easton, shall in each instance provide ESWA with the following:

An itemized bill of charges showing the delinquency and the total amount of the bill with penalties and interest;

A written request for termination of services; and

[3]

A certification executed by the City of Easton, certifying that the City has acted in compliance with all applicable statutes, regulations, ordinances and other laws relating to the providing of adequate and proper notice to the customer and any third parties as precondition to the shutting off of water service and that such shutoff is unconditionally legal.

(6)

Nothing contained in this article shall limit the City from pursuing any other available legal or other remedy.

Payment for service.

An account for the payment of all charges shall be established in the name of the property owner (referred to herein as "account holder"). The account holder shall be responsible for payment of all charges for water service for the account until the account is properly and lawfully terminated, upon notice of transfer or request for termination, as may be permitted under the law. Bills for water service shall be rendered monthly or quarterly, including commercial and industrial consumers using more than 700 cubic feet per month where meters may be read and bills rendered monthly.

All bills to the owners of residential property for water service and/or special service as provided, which are considered delinquent prior to January 1, 2007, shall be subject to interest and collection fees. All bills to owners are payable immediately upon receipt of the bill. If not paid within 30 days after the date of the bill and the City begins collection activity on the account, a late charge of the current bill in the amount of 10% shall attach and interest/penalty equivalent to 0.0833% of the face amount of the bill shall attach and, in the event of continued nonpayment or failure to take other steps to ameliorate the delinquency, the City shall discontinue the service. The other steps which an owner can take are to enter into a payment plan with the City for the amount of the delinquency [See Subsection B(3) below], or to secure documentation of a medical hardship. [See Subsection B(5) below]. To such delinquent usage amount shall be added, subject to the collection fees actually incurred, reasonable attorney's fees and other costs incurred by the City. An account shall be considered delinquent when payment in full on the account balance has not been received within 25 days of the date of the initial bill and the City has begun collection activity on the account.

[Amended 4-12-2000 by Ord. No. 3790; 6-14-2006 by Ord. No. 4822; 7-10-2007 by Ord. No. 4981]

Payment on delinquency account(s) shall be credited as follows:

Collection fees and costs;

Interest;

Past due usage; and

Current usage.

Within a category, payments shall be credited in the following manner:

Refuse.

Sewer.

Water.

The City shall enter into reasonable payment plans, at the discretion of the City Treasurer's office, with any owners of residential property unable to pay their bills for reasons of financial hardship for delinquencies which occurred prior to January 1, 2007. Each payment plan must be in writing, setting forth all terms and conditions of the agreement, signed by the parties or their representatives, and shall contain the following language in conspicuous print: "If you are not satisfied with this agreement, do not sign it. You may file a complaint at the City Treasurer's office. If you do not sign this agreement, you may give up your right to a hearing on any matter involved in this dispute except the Water Bureau's failure to follow the terms of the agreement." On any residential property plan, services will be subject to termination immediately in accordance with the City's notice policies.

[Amended 6-14-2006 by Ord. No. 4822; 7-10-2007 by Ord. No. 4981]

Termination of water service for delinquent accounts incurred after January 1, 2007, shall be subject to and in accordance with ESWA Rules and Regulations. Termination of water service for accounts that were delinquent prior to January 1, 2007, may take place only after the following procedures have been followed.

[Amended 6-14-2006 by Ord. No. 4822; 7-10-2007 by Ord. No. 4981]

Notice.

Upon determination that an account is in arrears, the City shall send to the owner a written notice in conspicuous print containing the following information:

[a]

The reason for a proposed termination;

[b]

An itemized statement of delinquency currently due, including any required deposit and any past due amounts;

[c]

The name, address and normal business hours of the office where the payment must be made;

[d]

A statement that a reconnection fee will be required to have service restored after it has been terminated; the reconnection fee is included in Chapter 285, Fees;

[Amended 2-11-2009 by Ord. No. 5191]

[e]

The date on or after which service will be terminated unless payment in full is received, the grounds for termination are otherwise eliminated, a settlement or payment agreement is entered into, or a dispute is filed with the City Treasurer's office;

[f]

A statement that the owner should immediately contact the City Treasurer's office to attempt to resolve the matter, including the address and telephone numbers where questions may be filed and payment and settlement agreements entered into; and

[g]

The name and address of the City Treasurer's office with instructions that the owner may dispute his bill for good cause within 10 days of his receipt of this notice by filing with the City Treasurer's office a full and complete written statement of all of the reasons he believes he should not have his water service terminated.

Ten days after this notice is issued, if the account remains delinquent and no settlement or payment agreement is entered and no statement has been filed with the City Treasurer's office, the Water Bureau or its agent shall deliver to the property and attempt to personally deliver a ten-day notice of termination, repeating the date certain by which termination of water service shall be effectuated and all other information as contained in the original notice. If personal service is not possible, the Water Bureau and/or its agent shall post the notice visibly on the premises. If at the end of the ten-day period the account statement has been filed with the City Treasurer's office, the Water Bureau may terminate water service, except that, termination may not be scheduled for a Friday, Saturday, Sunday or national holiday.

The City may notify an owner and terminate service to the owner after notice for any of the following actions by the owner:

Nonpayment of an undisputed delinquent account.

Failure to comply with the material terms of a payment agreement.

[3]

Failure to complete payment of a deposit, provide a guarantee of payment or establish credit.

[4]

Failure to permit access to meters, service connections or other property of the City for the purpose of replacement, maintenance, repair or meter reading.

(c)

After termination of water service, the City or its agents may not seek or cause eviction of any residents solely by reason of lack of water unless and until the City has followed all generally required procedures for eviction under the health or building or any other codes it seeks to apply.

Termination of service for occupants with medical conditions.

The City may not terminate or refuse to restore water service to a premises when an occupant therein is certified by a physician to be seriously ill or affected with a medical condition which will be aggravated by a cessation of service or failure to restore service for accounts that are delinquent prior to January 1, 2007. If prior to termination of service the Water Bureau or any City employee acting on behalf of the Water Bureau is informed that an occupant is seriously ill or is affected with a medical condition which will be aggravated by a cessation of water service and that a medical certification will be procured, termination may not occur for at least three days. Service may be terminated if no certification is produced within that three-day period. Certification initially may be in written or oral form, subject to the right of the City to verify the certification by an Officer of the City's Health Bureau, by calling the physician or required written confirmation within seven days. Certification, whether oral or written, shall include the following:

[Amended 6-14-2006 by Ord. No. 4822; 7-10-2007 by Ord. No. 4981]

The name and address of the owner in whose name the account is registered.

The name and address of the afflicted person and his relationship to the ratepayer.

[3]

The nature and anticipated length of the affliction.

[4]

The specific reason for which the service is required.

[5]

The name, office address and telephone number of the certifying physician.

Water service may not be terminated for the time period specified in a medical certification; the maximum length of the certification shall be 30 days, with an additional thirty-day period contingent upon the owner remaining current with current usage amount. If no length of time is specified or if the time period is not readily ascertainable, service may not be terminated for 30 days. Certifications may be renewed in the same manner and for the same time period as provided for the initial certification if the owner has met the obligation to pay the current usage amount. In instances where an owner has not met the obligation to equitably make payments on all bills and is not current on all bills, the number of renewals is limited to two thirty-day certifications. If the Water Bureau wishes to contest the renewal, it shall file a complaint with the City Treasurer's office.

(c)

When water service must be restored because of a medical certification, the Water Bureau shall make a diligent effort to have service restored on the day of receipt of the medical certification. In any case, service shall be restored before the end of the next working day. The Water Bureau shall have employees available or on call to restore service in emergencies.

(d)

When water service is restored or termination postponed under the medical emergency procedures, the owner shall retain the duty to equitably arrange with the City Treasurer's office to make payment on all bills. When the initial renewal certifications have expired, the original ground for termination shall be revived and the Water Bureau may terminate service without additional written notice, if notice previously has been mailed or delivered to the property.

(e)

The Water Bureau may petition the City Treasurer's office for waiver from the medical certification procedures for the following purposes:

To request a hearing on the validity of the certification.

To terminate service prior to expiration of the certification, or to contest the renewal of certification for failure of the owner to equitably arrange to make payments on bills.

(f)

Pending resolution before the City Treasurer's office, the Water Bureau shall continue to provide service. Upon filing of a written petition for waiver of medical certification, the City Treasurer's office will review the facts and issue an informal written decision, which shall be final, barring the denial of due process.

Service connections.

[Amended 2-25-1976 by Ord. No. 2354]

Cost.

The City shall provide a supply of water to the property owner, and upon payment as hereinafter set forth, the City will tap the main, insert a corporation cock, run the service line to the curb and install a curb stop and service box. The entire cost of construction of each size service shall be the minimum fee paid at the time of application plus a fee for each meter installation; the water meter installation fee is included in Chapter 285, Fees.

[Amended 7-27-2005 by Ord. No. 4693; 2-11-2009 by Ord. No. 5191]

The entire cost of construction of larger service (larger than one inch) shall be borne by the property owner. The City shall prepare a preliminary estimate of construction costs, which amount shall be paid to the City by the property owner prior to the start of construction. Any costs in excess of the preliminary estimate shall be paid prior to water service being turned on to the property. In addition to the construction cost, a fee shall be paid for the service connection prior to construction, as provided in Chapter 285, Fees.

[Amended 9-22-2004 by Ord. No. 4574]

All persons owning any building now connected to the water system which is altered in any way which results in an increase in water usage or increases the number of equivalent dwelling units shall secure from the Bureau of Water a service connection permit. The fee for such a permit shall be as provided in Chapter 285, Fees, payable at the time of approval of the service connection.

[Amended 7-11-1990 by Ord. No. 3104]

In addition to the above charges, the property owner must reimburse the City for the cost of paving such opening or openings as may be made in any street or highway in connection with the installation of the service line. All service lines and equipment installed hereunder shall remain the property of the City, shall be maintained by the City, and shall always be accessible to and under the control of the City.

Application for extension of water mains in the City must be made by the property owner to the Bureau of Water. The extension must be approved by Council, and all cost must be borne by the consumer.

When the consumer desires a change in location or size of an existing service line, the entire cost of these changes shall be borne by the consumer.

(6)

Service connections will not be installed during a period that street openings are prohibited by municipal regulations, nor at any time when in the judgment of the Bureau of Water working conditions are unfavorable for installation either by reason of weather, temperature, conditions of soil or otherwise.

(7)

No service lines will be installed when the service line passes over or through premises which at the time may be the property of persons other than the owner of the premises to be supplied, unless the applicant for service assumes all liability for construction and maintenance of the line.

(8)

The use of water for sprinkling, air conditioners, refrigeration, water-cooled machinery or swimming pool purposes shall at all times be subject to the express conditions that the Bureau of Water may, at any time when in its opinion the condition of the public water supply demands it, limit the use of water for such purposes and declare a water emergency for any period deemed necessary. All water used for air conditioners, refrigeration and water-cooled machinery must be recirculated. Existing water-cooling systems not providing for recirculation of water shall be converted to a recirculating system not later than June 1, 1970. If the Bureau of Water is of the opinion that water consumption is excessive and endangering the public water supply, service for noncirculating systems may be discontinued.

Service regulations.

Service connections will be made to improved property only upon approval by the Bureau of Water upon written application signed by the property owner. The City will tap the main, insert corporation cock, carry service pipe to curb, insert a curb cock and curb box for each consumer; all of which shall be and remain the property of the City and will be maintained by the City.

[Amended 10-26-1994 by Ord. No. 3331]

When premises are temporarily unoccupied, the consumer or owner shall notify the Bureau of Water, in writing, in which case the water supply shall be shut off and all charges for service shall cease from the date of the receipt of such notice. When the property is again occupied, the consumer shall promptly notify the City, in writing, and make a new application as hereinabove provided. No allowance or refund will be made for unoccupied property when written notice both at time of vacancy and at time of occupancy has not been given as above provided, nor will refund be made for property unoccupied for less than one month.

Contractors desiring water for building purposes will be required to make application for same at the office of the Bureau of Water, and service will be rendered in accordance with the provisions hereinabove set forth.

Where service pipe has been laid to the curb, it must not be diverted to supply other premises, even though owned by the same person.

Duly authorized officers or employees of the Bureau of Water may enter the premises of any consumer, at any reasonable time, for the purpose of examining, repairing or removing the meter or investigating the quantity of water used, manner of use or to verify the charges for water service.

(6)

The turning on of water into premises for any purpose by anyone other than an employee of the Bureau of Water is prohibited.

[Amended 4-2-1953 by Ord. No. 1400]

(7)

No one other than an authorized agent of the City shall at any time be permitted to repair, remove, replace or install any meter.

[Amended 8-14-1991 by Ord. No. 3170]

(8)

Consumers shall not supply water to any premises other than that mentioned in the application, agreement or contract without permission from the City.

(9)

Service may be discontinued for infraction or violation of any of the rules and regulations herein provided or which may hereafter be passed.

[Amended 4-2-1953 by Ord. No. 1400]

(10)

If the service shall have been discontinued for nonpayment of bills or for violation of the rules and regulations, a charge as set forth in Chapter 285, Fees, shall be made to cover the costs of discontinuing and reinstating service and shall be paid prior to reinstatement of water service. In addition to the cost for reinstatement of services, prior to reinstatement a deposit to secure the payment for water service in the amount equal to the average cost of water service to the property for 12 months shall be paid to the Bureau of Water. The average cost of water service shall be based upon the actual usage during the previous 12 months, or in the event of a new or changed use, the average shall be based on the standard average cost of service for such proposed use.

[Amended 10-27-2004 by Ord. No. 4589; 2-11-2009 by Ord. No. 5191]

(11)

It is expressly agreed and understood that the Bureau of Water shall have the right at any time to shut off the water or decrease or increase the pressure, without notice, for the purpose of extending, replacing, repairing or cleaning mains and appurtenances, or for any other purpose, and the City shall not be held liable for any damage arising therefrom. No claim shall be made against the City by reason of the breaking of any service pipe or connection.

(12)

The water mains of the City are under the exclusive control of the Bureau of Water. No person other than employees of the Bureau of Water shall disturb, tap, change, obstruct access to or interfere with the water mains in any way.

Meters. Service may be metered in such cases and for such consumers as in the opinion of the administrative committee of the Bureau of Water shall be deemed expedient and proper. Where meter service is indicated, the meter shall be installed by the City but the consumer shall provide proper piping and connections to receive the meters. The consumer shall provide suitable housing facilities for the meter; such housing shall be approved by the Superintendent of the Bureau of Water.

[Amended 12-31-1986 by Ord. No. 2877]

Meter tests.

[Amended 12-31-1986 by Ord. No. 2877]

All meters shall be tested periodically by the City without cost to the consumer, and the consumer may have a meter tested at any other time by making a written application to the City and providing a deposit as required herein to defray the cost of the special test. Should the requested test show the meter in question to be correct within 4%, the consumer shall bear the cost of the test. On the other hand, should the test show the meter to be registering incorrectly beyond 4% of the accurate amount, the deposit shall be refunded, the account adjusted accordingly, and the entire costs of the tests shall be borne by the City.

Deposits required with requests for meter tests are set forth in Chapter 285, Fees.

[Amended 2-11-2009 by Ord. No. 5191]

Property owners requesting testing of larger size meters (larger than four inches) will be required to pay the actual cost of testing by a third-party testing agency.

Service lines.

[Amended 4-2-1953 by Ord. No. 1400; 12-31-1986 by Ord. No. 2877; 10-27-2021 by Ord. No. 5764]

The owner of the property served shall furnish and install a service line from the curb box to the premises served, which must be of a material and installed in accordance with the applicable plumbing code or governing regulations at the time of installation.