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HomeMy WebLinkAbout94-02812 Regulations and Schedules of Rates and Charges. By way of further answer, Defendsnt, Joseph Fink. has no ownership interest in the resl property in question or the water line in question. nor was he ever requested to lIct liS surety for Melva Fink, sole owner of the real estate located at 320 East Hurd Street,or any other person. 7. Admitted in psrt. Denied in port. It is admitted that the Borough of Shippensburg or the Shippensburg Ilorough Authority undertook to repair the water line in question. The term "service line" hns not been defined os used in this complaint. and as such term may determine the reaponsibility for repairs, it is denied that the water line in question was a "service" line. and proof thereof is demanded st trial. 8. Admitted in psrt. Denied in part. It is admitted that Melva Fink received a bill in the amount of $226.44, n copy of which is attached as Exhibit A to Plaintiff's Complaint. It is denied that Plaintiff expended the alleged sums. After reasonable investigation Defendants are without knowledge or information sufficient to form on opinion os to the truth of the allegstion of alleged expenditures for equipment rental. supplies and labor, and proof thereof is demanded at trial. 9. Denied. Regulation 8.1 specifically provides that "The Authority will mske all connections to its msins and will furnish, install and maintain all service lines from the main to the property line". Regulations 3.6 and 3.7 distinguish between the cuatomer's service line and the Authority's service line. the latter being defined as follows: "3.7 Authority's Service Line: The connecting facilities between the Authority's distribution main and a customer'a service line, in general. consisting of a valve or corporation stop at the main, piping therefrom to the street curb line, property line or edge of rood right-of-way, terminating in a curb stop and curb box". 10. Admitted in part. Denied in part. It ia admitted that Defendants received said bill. 1I0wever, it is denied that Plaintiff submitted its bill to Defendants in ;~~t*~~~~~~~#:\" ~M.~~~",,r:>-~!"~4.."li"4<';"l't;i!ii:f:f.,,,,"~f"'i.'!!'.~oU:'MJ!'1~"""!''<<~.-i'-!"';--";'1'.t-t.~(~~~~:~~tl..Wl!-1'f1"!!l!f~ JUl 21 10 113 flit 'M I >'.l\.' OHICE or TlIll'IIOTIlOHonhV CUHOERLAHO COUHTY PEHNSYLVAHIA . . ~~~.,~.~ ~".._"_T-'-C--~-~- ~. ..-.,~.."_."".~,,,.~-~......._~,_._- . ~-<..._' F I t I I \ / .' . I' '" tI , ". .. " , , i'~.''!~';'- -t '~r.._"""'_ -..... . INDEX (CONTINUED) ACCESS TO PREMISES . . . . . . . . . . . . . . 19 INDEMNITY . . . . . . . . . . . . . . . . . . . 20 VIOLATION OF RULES . . . . . . . . . . . . . . . . . . . 20 CHANGING RULES , 20 . . . . . . . . . . . . . . . . . . . SCHEDULE "A" . . . . . . . . . . . . . . . . . . 1 SCHEDULE "B" . . . . . . . . . . . . . . . . . . . . ii SCHEDULE "c" . . . . . . . . . . . . . . . . . . . . 1ii .. SHIPPENSDORG DOROUGH AUTHORITY WATER SERVICE RULES AND REGULATIONS AND SCHEDULES OF RATES AND CHARGES 1. RULES AND REGULATIONS These Rules and Regulations are a part of the Contract with every person who takes water service, and every such person by taking water agrees to be bound thereby: These Rules and Regulations are not intended to conflict with any local, state, or federal legislation, and are intended to be in compliance with the Pennsylvania Municipality Authorities Act of 1945, P.L. 382, as amended. If any provision of this agreement is held to be invalid, illegal or unenforceable, all other provisions shall nevertheless continue in full force and effect. 2. ENFORCEMENT These Rules and Regulations shall become effective on and after July 3, 1989.to all properties then and after connected to the water system. All prior Authority rules, regulations, and resolutions not consistent herewith are hereby repealed, provided, however, that all rights accrued and monies due the Authority under any such rules, regulations, and resolutions are preserved to the Authority. The Authority reserves the right to amend these Rules and Regulations and the Schedules of Rates and Charges in such manner and at such times as, in its opinion, may be advisable. 3. DEFINITIONS The following terms, wherever used in the Rules and Regulations, shall have the meaning set forth below: ~ Authority: The Shippensburg Borough Authority and its duly authorized officers, agents and employees, each acting within the scope of his/her authority and employment. ~ Borough: The Borough of Shippensburg and its duly authorized officers, agents and employees, each acting within the scope of his/her authority and employment. 3.3 Customer: The party or parties being the owner of the property contracting with the Authority for water service for one ot more families or for one or more business units on one premise owned or tenanted by the party of parties. L..! service: Furnishing water to a customer at his/her premises. - 1 - ~ Premises: The intcgral property or area, including improvements thercon, to which water service is or will be provided, as such: a. 1\ building under on!.! roof owned or leased by one customer and occupies as one residence or one place of business, or b. 1\ combination of buildings owned or leased by one customer, in one common enclosure occupied by one family as a residence or by one corporation or firm as a place of business, or c. Each unit of multiple house or building or other multi-unit structure occupied by one family as a residence or by one firm, corporation or other entity as a place of business, or d. 1\ public building, or e. 1\ single plot, used as a park or recreational area. ~ customer's Service Line: The connecting facilities from the Authority's curb stop and curb box to a point of consumption at a customer's meter location. . 1..o..l Authority's Service Line: The connecting facilities between the Authority's distribution main and a customer's service line, in general, consisting of a valve or corporation stop at the main, piping therefrom to the street curb line, property line or edge of road right-of-way, terminating in a curb stop and curb box. hJl. Meter: A device for measuring the quantity of water used as a basis for determining charges for water service to a customer. 3.9 commercial Water Hauler: 1\ person delivering the Authority's water supply to retain customers. 3.10 Contractor: A building or other person who uses water on a temporary basis for construction purposes. L.ll Main Extension: Water service requiring the construction of one or more additional water mains. hll Person: An individual, partnership, company, corporation, association, corporate political body, joint ownership, or any other entity capable of functioning in the context used herein. 1Lll standby servicc: supplement servicc provided from the that of the Authority. Water service intended to source of supply other than - 2 - ~ Tenant: A person who leases or rents premises from an owner. 1...ll Township: Any of the townships (Pennsylvania municipal corporations) of cumberland/Franklin county in which the Authority provides water service. .:LJ..9. Water System: The Authority's water supply and distribution facilities, taken as a wholo, or as any portion , thereof. .. FILING, POSTING AND EFFECT ~ A copy of this document comprising the Rules and Regulations and Schedules of Rates and charges governing the distribution of water service by the Authority is posted and available for inspection at the office of said Authority. These rates, rules and regulations are part of the contract with every customer, and every customer, by. taking water service, agrees to be bound hereby. 5. APPLICATION FOR SERVICE . 2.J. Before service io initiated, written application for water service shall be made by each customer or his/her duly authorized agent on a form provided by the Authority, and shall be signed by the customer or his/her duly authorized agent. ~ The application and these Rules and Regulations constitute the contract between the customer and the Authority; and each customer, by the taking of water, agrees to be bound thereby. 5.3 A new application must be made to, and approved by the Authority, upon any change in the identity of the contracting customer at a property, or in the service as described in the application, and the Authority may, upon due notice, discontinue the water supply until such new application has been made and approved. 2...d A new application shall be submitted to the Authority for approval upon any change in property ownership. 5.5 A tenant may NOT make application for a water service connection. 5.6 Applicants requesting water service which requires a main extension will be required to pay for the main extension. Refer to section 17. - 3 - 6. METERED SERVICE i..J. Metering of Customers: Water meters shall be installed on all properties where water service is provided, unless it is deemed not feasible by the Authority to install such a moter. ~ Availability: All water supplied to customers through a meter furnished and installed by the Authority will be sold at the Authority's established mete~ rates in accordance with Schedule "A". &....J.. Meter Furnished by the Authority: All meters will be furnished and installed by the Authority and be accessible to and subject to its control. The Authority reserves the right to establish the size of meter required by each customer. The customer is responsible for the cost of the meter installation in accordance with charges set forth in Schedule "B". ~ Location: The meter will be set after the customer has had the plumbing arranged to receive the meter at a convenient point approved by the Authority, so as to control the entire supply, and a proper place and protection for the meter shall be provided by the applicant. In cases where it is not practical to place the meter within a building, a brick or concrete pit, with a suitable iron cover, or other approved meter box, shall be built inside the property line by the customer. The size and dimensions of the pit or box shall be as approved by the Authority, give adequate access to the meter, and permit its installation or removal. The site shall be a suitable and safe place for the installation of a meter and must be acceptable to the Authority. ~ Responsibility for Damage: Meters will be maintained by the Authority as far as ordinary wear and tear is concerned, but the customer, in the instance of an inside installation, shall be responsible to the Authority for any injury to, or loss of, any meter arising out of, or caused by, the customer's negligence or carelessness or that of his/her servants, employees, members of his/her household or any person upon hiS/her premises under or by his/her consent or sufferance. The customer shall not permit anyone, who is not an agent of the Authority or otherwise lawfully authorized so to do, to remove, inspect or tamper with the Authority'S meter or other property of the Authority on his/her premises. The customer shall be responsible for the Authority's meter where there is an outside meter installation. If a meter vault or meter box becomes unsuitable and the Authority so notifies the customer, the customer shall remedy thjs condition promptly at his/her expense. - 4 - The customer shall notify the Authority of any injury to, or of any cessation in registration of the meter as soon as it comes to his/her knowledge. ~ Cost of Reinstallation: The charge for the reinstallation or changing of a meter when removed because of damages in any way due to the negligence of a customer shall be as set forth in Schedule "B", which charge will include testing of the repaired meter. ~ Meter Testing: The quantity of water recorded by the meter shall be conclusive for both the customer and the Authori ty, except when the meter has been found to be of such cases, the meter will be promptly repaired or replaced by the Authority, and the quantity of water consumed shall be estimated by the average registration of the meter during previous corresponding periods. In case of a disputed bill involving the accuracy of a meter, such meter shall be tested, upon the request of the Customer. If the meter so tested is found to have an error in registration of four percent (4%) or more, the bills will be increased or decreased accordingly as provided by said rules. Each request for test of a meter for accuracy shall be accompanied by a deposit, the amount of which shall be determined by the size of the meter. The costs for tests of meters shall be as set forth in Schedule "B". If the meter so tested shall be found to have an error in registration of less than four percent (4%), the depo~it shall be retained by the Authority as compensation for such test; if the error in registration is found to be four percent (4%) or more, then the cost of the test shall be borne by the Authority, and the amount of the deposit shall be returned to the customer. 6.8 Bypassing of Meter Prohibited: No customer served with metered water shall take or receive, or permit to be taken or received, any water from the Authority water supply into a premises for which a meter is installed, except that such water shall have passed through and been registered by such meter. Violators shall be subject to criminal prosecution in accordance with Pennsylvania Law. ~ Responsibility of Ultimate Payment: The fact that an application may not exist, or may not be signed by the owner, shall not relieve the owner of his responsibility for ultimate payment of all water service bills related to a premises. 6.10 Contracts for Water Service: All contracts for water service shall continue in force from month to month, but either party may cancel the contract by giving ten (10) days written notice. - 5 - L.ll Charges prorated' According to Service: When Service is initiated or discontinued during a billing period, fixed charges will be prorated according to the days of service rendered during the period. . &.....1l. The customer shall protect the meter against damage due to freezing, hot water, negligence, and other causes. The Authority will repair any loss or damage at the customer's expense. If payment for loss or damage is not made, within ten (10) days of the billing date, service will be discontinued until the bill is paid. 9.....ll Where steam or hot water is used, the customer shall install a check valve on the customer side of the meter. 7. DEPOSITIl ~ Deposits shall be required from each customer taking water service .from the Authority, in an amount equal to the estimated gross bill for any period of three (J) months with the minimum deposit being Twenty-five Dollars ($25.00). L2 Depos"its will be returned only to the depositor when he has paid service bills for a period of twelve (12) consecutive months; or upon discontinuance of service by the customer and payment of all charges due. Any customer of good credit who has been returned a deposit will not be required to make a new deposit unless service has been discontinued for violation of the Rules and Regulations. ILl No interest will be paid on deposits. 1..:....1 Any customer having a deposit shall pay bills. for water service rendered in accordance with these Rules and Regulations. The deposit shall not be considered as payment for normal water service. ~ The Authority may, at its option, waive the deposit requirement. 8. SERVICE CONNECTIONS !LJ. The Authority will make all connections to its mains and will furnish, install and maintain all service lines from the main to the property line. 'rhe curb stop and curb box shall be placed inside the property line. All of which service line ahall be t~!property of the Authority and shall be accessible to and under its. eOi'ltrol:. The customer is responsible for the cost of the service connection in accordance with charges set forth in Schedule "B". Public fire hydrants will be installed either by a developer as part of a development plan or by the respective municipality - 6 - which is served by the public water and the costs associated with such installation shall be borne by the respective party. Public fire hydrants will be maintained by the Authority after installa tion. .!L..l Each through a separate Authori ty approves circumstances. property served shall be individually supplied service pipe from the water main, unless the some other arrangements because of special , .lL..1 '.,\11 leaks in serv~!=e. lines shall be promptly repaired by the1property owner, at theft'iole expense, On failure to make such repairs with reasonable dispatch, the Authority may turn off the water, and it will not again be turned on until all proper and necessary expenses incurred in shutting off and turning on the water are paid in full. No deduction from any water bill shall be allowed on account of leakage. ~ The Authority shall in no event be responsible for maintenance of, or for damage done by water escaping from the service pipe or fixture on the outlet side of the curb regulations in reference thereto and shall make any changes thereon required on account of change of grade, relocation of mains, or otherwise. B.5 Customers or owners wishing to resume or discontinue the use of water service shall sign a turn-on or turn-off request and pay all bills in full up to the time said request is made, including the payment of the shut-off fee. B.6 When a customer desires a change in location or size of an existing service line, he shall bear the entire cost of the change. B.7 Authority'S service lines will not be installed on private property, unless the customer provides a duly recorded written easement granting permission for the Authority to install and maintain the service line on said private property. If the service line from the curb to the premises served passes through the property of persons other than the owner of the premises to be supplied, the owner shall assume liability for the service. B.B The Authority reserves the right to construct its service line after the customer installs his service line to the Authority'S satisfaction. 9. CUSTOMER SERVICE LINES ~ All customer service lines from the curb stop to the house shall be of a pipe approved by the Authority, laid at least four (4) feet below the surface of the ground and kept in good repair at the expense of the customer. - 7 - I ~ Service pipes may be laid in the same trench with thO sewor pipe, provided they must be two (2) feet apart. ~ The customer or owner of the property shall at the customer's or owner's expense connect onto the cub-stop at the service or shut-off box and extend a service pipe to the building being serviced. A separate individual private shut-off must be installed either outside the basement wall of immediately inside said wall, for the customer's or owner's use in making repairs and maintaining their said private system. Said service pipe fixtures, including the curb stop and curb box, curb stop top, valves and other items, and outlets shall be kept in good repair at the owner's expense at all times and be subject to inspection at any reasonable time by the Authority or its representatives for which purpose, the Authority shall have the right-of-way into and through the premises of the customer or owner. ~ Whenever the customer desires to have his service contract terminated or his water service discontinued, he shall notify the Authority to that effect in writing and he shall pay a fee as set forth in Schedule "B" to have such service terminated. The customer shall be responsible for the payment of all services rendered by the Authority until such written notice and payment are received. No charge shall be made to restore service to a property where service was discontinued. I, I: I d , I I ~ The water may, after due notice, be shut off from a customer failing to comply with these Rules and will not be again turned on until satisfactory assurance is given that these Rules will be complied with and all proper and necessary expenses incurred in shutting off and turning on the water are paid in full. 9.6 The customer's service line shall be installed as a continuous length of pipe, and shall meet Authority specifications. W The service line trench shall not be backfilled until the Authority's service line is installed, and the customer's service line is inspected and tested by Authority personnel. If in the opinion of the Authority, any defects exist in the customer's service line, water service will not be furnished until such defects are remedied. All plumbing connections shall be able to withstand a pressure of at least one hundred fifty (150) pounds, per square inch. ~ If service line pressure is deemed excessive by either the Authority, applicant, or customer, it shall be the customer's responsibility to install a pressure regulator at his expense. ~ Although service line low, the Authority shall be under pressure by pumping or other means. - 8 - pressure may be undesirably no obligation to increase ~ When two or more customers are supplied from the same service line, controlled by a single shutoff valve, any violation of these Rules and Regulations by any of said customers shall be deemed a violation by all, and the Authority may take action against the group of customers as if they were a single customer. 1I0wever, such action will not be taken until an innocent customer is given the opportunity to install a separate service connection. If no corrective action is taken, the Authority may, upon ten (10) days written notice to all consumers on said line, discontinue water service. service will not be reinstated until separate service lines have been installed to each party in accordance with Authority Rules and Regulations. 10. TEMPORARY USES ~ Water service may be provided on a temporary basis for special conditions which do not fall under the classification of permanent or standby service. Each case shall be reviewed on an individual basis and service shall be at the discretion of the Authority. ~ Applicants for temporary use of water shall submit a written application to the Authority for approval. The application shall be accompanied by a deposit in the amount of the estimated quarterly charge, as determined by the Authority, with the minimum charge being $25.00. ~ All costs for installation and dismantling Authority service connections shall be paid for by the applicant. .lQ....! Temporary water service may be metered, at the option of the Authority. The Authority will install and remove the meter, and all costs shall be paid .by the applicant. ~ If water is used where a meter is not installed, the Authority shall establish the charge for water service, from the date of initial use to the date of meter installation or termination of use. 11. NON~PERKISSIBLE CONNECTIONS 1.L.l The following connections are prohibited: (a) connection to any water system, other than the Authority water system. (b) Any device which, in the opinion of the Authority, may cause water pressure surges. (c) An unprotected connection to a booster pump, boiler plant, or boiler pump. - 9 - : I 12. BACKFLOW PREVENTION'DEVICES ~ When, in the opinion of the Authority, facilities operated within a customer's premises present a potential cross- connection of non-potable water with the Authority's water system, the Authority reserves the right to require the customer to install a backflow prevention device, in accordance with Authority specifications. ll.J The costs of furnishing and installing any backflow prevention devise shall be borne by the customer, who shall also retain ownership of it and be responsible for testing and maintaining it. The Authority reserves the right to require the backflow prevention devices be tested at least once every twelve (12) months and that a certified test report be furnished to the Authority. 13. STANDBY SERVICE ~ Any customer desiring standby water service shall submit a written application to the Authority. . ~ The Authority will determine the size and location of service lines and the number of types of meters required for standby service based on information supplied by the applicant. ~ Facilities deemed necessary by the Authority to provide standby service and to protect the Authority's water system shall be installed at the customer's expense. U..J. All normal water service charges shall apply unless waived by the Authority. ~ The term of the standby service shall be established by the Authority. 14. COKKERCIAL WATER HAULERS ~ Any customer desiring service as a commercial water hauler shall submit a written application to the Authority. ~ The customer shall provide a location for loading, which location shall be approved by the Authority. . ~ The customer shall pay all costs of installing the customer's service connection, meter, meter pit, valves, riser pipe, and facilities to control spillage and surge conditions. - 10 - I. 15. LEAKS AND DEFECTIVE PLUMBING ll....l All metered consumption will be billed according to the Schedule of Water Rates (schedule A) and no adjustment will be made for excessive consumption due to leakage or waste unless approved by the Authority. I: 16. FIRE SERVICE AND OTHER SPECIAL USES ~ When a municipality desires the installation of a fire hydrant on the Autbority system, the municipality shall make application to the Authority for the installation. If the Authority's water system is capable, in the opinion of the Authority, of providing fire protection, the Authority shall furnish and install the fire hydrant at the municipality's cost. ~ public fire protection shall be paid by the municipality requesting the public fire hydrant at the rate stipulated in the Authority Schedule of Water Rates. ~ Whenevef a municipality desires that the location of a fire hydrant be changed, it shall make application for the change, and the change will be made by the Authority. All costs necessitated by the relocation of fire hydrants shall be borne by the municipality, including the costs for any permits or replacements of street or sidewalk paving. , " ~ No fire hydrant shall be used Authority's permission for any purpose, except authorized to use them in extinguishing fire3. without the by persons ':1'1 I, " I li.2 The Authority does not assume any liability as insurer of property or person. Any customer receiving fire service will only be entitled (in the event of fire) to the service, pressure, capacity, and facilities available at the time to the Authority. The Authority shall not be liable for any damage or injury to any person or property by reason of any fire, flooding, water supply failure, pressure failure, excess pressure, or lack of capacity, due to any cause beyond the reasonable control of the Authori ty. I II II 17. EXTENSION OF SERVICE lL...l Any person desiring water service shall complete an application for water service and shall file the application with the Authority. - 11 - " I I lL.i The Authority shall determine whether a main extension is required. Main extensions shall consist of any neW main, including ~ains lying whollY within a new development, and appurtenances. When a main extension is required, the policies stated hereinbeloW shall apply to the Applicant. ~ The minimum size main constructed shall be a-inch. However, the Authority may increase or decrease, at its discretion, the main sizes required under these Rules and Regulati~ns or its General specifications for Water system construction. J.LJ. If the Authority increases the size of a main extension beyond that normally required, as determined by the Authority, the Authority shall bear the increased cost based on cost data established by the Authority and agreed to by the Applicant. ~ The Applicant shall submit complete plans of the proposed main extension to the Authority for approval. plans shall be prepared in accordance with the Authority's General specifications for Water system construction. The Authority, at its optiun, may waive tgis requirement for the simple extension of a single water main along a street. 1L-2. The Applicant shall bear all costs of the main extension including permits, construction, testing, engineering, preparation of as-built reference drawings, administrative, and legal costs, except as stated otherwise beloW. ~ No construction of water fucilities shall commence until the plans submitted by the Applicant are approved by the Authority, an Extension Agreement is executed, and the Applicant satisfies all municipal regulations. ~ All main extensions shall extend the entire length of the property to be served in all directJ.ons, unless otherwise approved by the Authority. ~ All main extensions shall be constructed in public rights-of.-way or Authority-owned easements. The Applicant shall grant to the Authority any easements across his property that are necessary for the main extension for future extensions thereof. An appropriate Right-of-way Agreement shall be executed prior to or concurrent with execution of the Extension Agreement. I ;\ 17.1Q All areas of the main extension, including rights- of-way or easements, shall be graded to the satisfaction of the Authority prior to construction of the main extension. - 12 - 11 17.11 The Applicant shall pay for all street opening permits required by the municipality or Pennsylvania Department of Transportation in which the project is located. The Authority shall obtain the permit. 17.12 The main extension and other facilities shall become the absolute property of the Authority on the date of formal acceptance by the Authority. 17.13 When the Authority decides that a main extension is necessary to supply an Applicant, and said Applicant agrees to proceed with and pay for all costs of the required extension, as previously defined herein, the Authority and Applicant shall execute an "Extension Agreement". By this Agreement, the Applicant shall agree to pay the Authority a sum of money equal to the estimate of all costs associated with review, approval and inspection of the main extension. Costs shall include, but not be limited to, all labor, materials, professional services, and administrative expenses associated with the main extension. The Authority may elect to refund to the Applicant certain fees related to new services, collected from subsequent Applicants who directly connect to the extension. Provided, however, that no refunds shall be collected from subsequent Applicants who make application for direct connection from the main extension after expiration of ten (10) years from the date of the Extension Agreement. !I I!i' 17. 14 The applicant shall pay to the Authority, in advance, service connection charges, meter installation charges, tapping fees and other special charges applicable to new service connections in accordance with the Authority's Rules and Regulations. 17.15 The number and location of fire hydrants, which shall be installed at the Applicant's expense, shall conform to municipality requirements, or to the Authority's requirements if no municipality requirements are applicable. 17.16 Normally, the Authority shall furnish and install the necessary service connection(s). Each service connection will include the connection to the main, corporation stop, service line, curb stop, curb box, and meter pit, if required. The Applicant shall reimburse the Authority the amount shown on Schedule "B" for each service connection installed by the Authority. 17.17 The Authority will furnish and normally install a meter at each service connection. The Applicant will reimburse the Authority the amount shown on Schedule liB" for furnishing the meter, as well as its installation, if performed by the Authority. 17.18 Until conveyed to another owner, the Applicant and his assigns will be responsible for payment of all chat'ges for water service to each service unit. - 13 - 17.19 The Authority shall have the right to discontinue water service for any of the reasons specified in these Rules and RegUlations. 17.20 The Authority accepts no responsibility or liability and shall be under no obligation to maintain, repair, or replace any water facilities on the customer's side of the curb stop, with the exception of the water meter. 17.21 The Extension Agreement, t~gether with all its terms and conditions, shall be binding upon and inure to the benefit of the respective successors and assigns or personal representatives of the parties thereto, as the case may be, but the Agreement, other than the right to receive such payments as may be due thereunder, may not be assigned by the Applicant without the prior written consent of the Authority. . , : '/ I I: I I I I lB. TAPPING FEES .lL..l Each applicant for water service shall pay a tapping fee, prior to. receipt of service, in accordance with Schedule "C". ~ When two or more customers are served through a single service line for convenience, the tapping fee will be determined based on the cumulation of individual unit requirements. 18.3 The Authority will waive the main-related part of the tapping fee, in situations where it can be shown that the applicant has incurred the cost of the main extension to which the tap is being made, either directly or through acquisition from a prior owner, except in those situations where the applicant or prior owner received partial or total refunds for the main extension. This waiver policy is subject to any restrictions contained in prior legal agreements of the Authority. ~ When a building that is receiving water service is divided or modified in a manner that adds additional customer units, or significantly changes water service requirements, the Authority may determine and apply additional tapping fees, over and above those previously applied, according to its discretion and judgment. I 'I:' , " ~ Applicable tapping fees, which are shown in Schedule "C", include a main-related part and a supply-rlllated part. In addition, the Authority reserves the right to charge a supplemental tapping fee to defray the cost of providing special project facilities, including private fire protection service. The parts of the tapping fee are described below: -14- (a) Main-related portion of tapping fee: This portion is intended to defray part of the cost of furnishing and install.tng distribution mains and appurtenances, including portions of transmission mains and appurtenances attributable to distribution service. It applies to all applicants, except that the Authority may, at its discretion, waive the main-related part of the tapping fee when the applicant finances the main extension. " (b) supply-related portion of tapping fee: This portion is intended to defray part of the cost of furnishing and installing supply-related facilities, which include source of supply, treatment, transmission main, booster pumping and distribution storage works. It applies to all applicants. 19. ACQUISITION OF EXISTING FACILITIES ~ The Authority may acquire or accept ownership, at its discretion, of any existing water mains, distribution systems, or other water system f~cilities, if the facilities are properly assigned and transferred to the Authority by the previous owner. ~ Water mains, distribution systEms, or other water system facilities will not bp. accepted by the Authority, unless the previous owner furnishes a 1), necessary rights-of-way or easements to the Authority. 20. BILLS AND PAYMENT ~ Time of Rendering: All bills for metered and unmetered water service shall be rendered quarterly for service furnished during the preceding period. The Authority shall not be liable for damage resulting from leaks, broken pipes, or any other causes, occurring at any premises. The customer shall make no claims against the Authority resulting from the bursting or breaking of any main, service pipe, or water system appurtenance on the premises. ~ Due Date and Late Payment Charge: The due date for payment of bills shall be thirty (30) days from the date the bill is mailed, except that in the case of the United states Government, the commonwealth of Pennsylvania, or the local municipalities' served, or any department or institution thereof, the due date shall be thirty (30) days from the date the bill is mailed. Payments mailed as evidenced by the united states Post Office mark, on or previous to the end of the thirty (30) day period will be deemed to be payment within such period. - 15 - A late charge or penalty at 1.25\ shall be due and payable to the Authority which shall be calculated on the overdue portions of delinquent bills when payments for water service are received in person at the Authority Office or at the office of an authorized collection agent after the due date. The Authority shall impose a late payment charge or penalty for remittances received by mail more than five (5) days after the due date. Such penalties will be calculatsd monthly thereafter only on the overdue portions of the bills, and in no event shall the penalty charged exceed more than fifteen percent (15\) annually. 2.!Ll. Discontinuing Service for Nonpayment: If an undisputed bill remains unpaid for a period of thirty (30) days from the date the bill is mailed, the Authority reserves the right to discontinue said service for nonpayment after ten (10) days' notice shall have been given. ~ Charge For Turning On Water: Any service discontinued for nonpayment of water bill, or for violation of the Authority's Rules, will not be resumed until all arrearages are paid, plus a charge of Twenty-five Dollars ($25.00), as set forth in Schedule "B" to cover the cost of turning off and turning on the water. In cases where it becomes necessary to remove and reinstall a meter, the charge will be Fifty Dollars ($50.00), as set forth in schedule "B". 2.Q..2 Change of ownership: The owner or owner's agent of any metered property shall notify the Authority immediately of any change of ownership of such property, so that the Authority may cause the meter to be read, so that the final consumption shall be billed to the seller and all future billings shall be made to the buyer. A request for a cut-off reading upon change of ownership shall be not less, than three (3) days prior to the date of settlement. A charge as set forth in Schedule "B" shall be added to the final bill. ~ owner Responsibility for Billings: The owner of any property served with water by the Authority, shall be responsible to the Authority for the payment of all water furnished to the property; irrespective of any agreement between the property owner and a third party, and the bill shall in all cases be rendered to the owner of the property unless the Authority is notified by said owner to render the bill to some other party acting in a formal capacity as an agent of the owner, in which case, the owner shall nevertheless, remain liable for the payment of all water bills. 20.7 Failure to Receive Bill: Failure to receive a bill will not exempt the customer from the terms of payment and shall not constitute a waiver of these Rules. - 16 - ~ Bad Check: When a customer's check is returned to the Authority by the Bank for insufficient funds, the Authority will impose a service charge of $20.00 to the bill for each occurrence. 21. CONNECTION CHARGE ~ Each applicant for a service connection shall pay a connection charge in accordance with the Schedule "B". The connection charge is in addition to all other charges, fees, and deposits required by the Authority. The connection charge may be waived by the Authority when the applicant finances the Authority'S service line. 22. METER INSTALLATION CHARGE ~ Each applicant for water service shall pay a meter fee, prior to receipt of service, in accordance with Schedule "B". 23. GENERAL ~ Resale} No person shall purchase water from the Authority and resell the same on a metered basis. 23.2 Unauthorized Use: If any person shall make any unauthorized connection to any water piping supplied from the Authority'S Water system, or any unauthorized extension of any existing water piping, whether or not the water in such piping is being registered on a water meter, the Authority shall, in addition to any and/or all other remedies, immediately discontinue water service to such unauthorized connection or extension. In the case of any dispute concerning the Authority for any such connection or extension, the burden of proof shall be upon the user of the property, which such connection or extension serves to establish the validity'of such Authority. ~ curtailment of Nonessential Use: In accordance with the terms of the permit issued to the Authority by the commonwealth of Pennsylvania, providing for a supply of water to the Authority, the Authority shall have authority, in the event of any emergency affecting the adequacy of the supply of water to the domestic users of the Authority water system or the fire fighting capacity of the system, either actual or imminent, to require any or all users to curtail or discontinue the use of water for non- essential uses, and such curtailment or discontinuance shall remain in effect for the duration of such emergency. No customer shall thereafter use or permit to be used, water furnished by the Authority except in strict compliance with such regulations or - 17 - . ' . restrictions. Verbal or other notice by the Authority to the user or his agent, or public advertisement in a newspaper circulated locally, shall be deemed to be sutticient notice ot such curtailment. Any such curtailment shall apply to all use ot water tor car washing, lawn and garden sprinkling, heat transfer service and may, it the degree ot the emergency shall warrant, include all or certain industrial and/or commercial uses. 24. AUTHORITY TO INTERRUPT, DISCONTINUE, OR TERMINATE SERVICE ~ The Authority may temporarily interrupt service; discontinue service without prior written notice or terminate service. only the Authority, through its proper employees, has the authority to turn off the water at any corporation stop or curb stop, or to disconnect or remove the meter. ll.J. As necessity may arise in case of line break, emergency or other unavoidable cause, the Authority shall have the right to temporarily cut off the water supply in order to make necessary repairs, connections, etc.; but the Authority will use all reasonable and practicable measures to notify the customer, in advance, of such discontinuance of service. In such case, the Authority shall not be liable for any damage or inconvenience suffered by the customer, nor in any case for any claim against it at any time for interruption of service, lessening of supply, inadequate pressure, poor quality of water, or any cause beyond its control. The Authority shall have the right to reserve a sufficient supply of water at all times in its reservoirs to provide for fire or any other emergencies and may restrict or regulate the quantity of water used bay customers in case of scarcity, or whenever the public welfare may require it. , I' , I' ,I , I I I 25. COMPLAINTS i , ! ' , , 2..2..J. complaints with regard to the character of the service furnished or the reading of meters, or of the bill rendered, must be made at the Authority Office. 26. ACCESS TO PREMISES ~ The authorized agents of the Authority 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 manner of using water, and for any other purpose which is proper and necessary in the conduct of the water utility business, and will carry with them proper credentials denoting their employment by the Authority. - 18 - ~ -::r it ~ ~ ." . IV) - \ ~ : '"6 , "- "- ,,' ~ , ~ ',J C'J ~ ~ ~ -.....: <.) ~ ", C._'l IItR Zl 12 ~o fn '~ . "llt'," Of I, :" .1::' I.f,~ ruw' . ,', " 'di ~ ~'t 'i, h ; !; .}l1 .1 /1~'L t c,. ;c....i, ......-...... <.. .. ',' "1.#V\'" . tl ..... ......:- . ! JUH 0 II O~ Illi '9~ iI tiCI 01 .':' rJiUIr!~hY r.',tHi';,lli ,',It', (J( :11. n PUi:r...n,~U:^ .1 -:~-;:_:.;< .pc_._:s-...-..-"",.~.,"",""."~ ,~_.".. '... .. , , \. ----.".""'.-.p......- , tI . ,I .. " ., ~_._. .' -f COMMONWIALTH O' 'INNIYLVANIA COUlT O. COMMON ,LIAI NOTICE OF APPEAL fROM JUDICIAL DIITlIC! DISTRICT JUSTICE JUDGMENT COMMON "UI No. 1". ..J. Y l...l (i;J tJ.~ 0,)-3-0l NOTICE OF APPEAL Notice j, giY8fl lhot lhe appellonll"n filed in lhe above Courl of Cammon Plea. an app.al from the judgm.nt r.ndered by lhe Di.trict Ju.lic. on lhe date and in the co.. mootioned below. AOOI,~~s.:;Pu~,Pink " Melva Pink r' NO 01 NAMl 01 oj 09-3-01 .-.-----.- -~l. QIY ~~I ,. (001 NAME Of AlftllANt 316 East.J!!Js.9 Street ,_~_____, Shippensburg, PA _, l72q,~yl, llAlIOI WG/;lNT Jill'liClY"6f"''''''" 'I.......' . ,.I;,' '.I'J'~ 4/27/94 Ilorough of Shippensburg '" Pink, Jo~h, ~llxli\ll~elva Fink ./- a~NO ~;~~~14 - OOdOO ~r. .-=J:~~a:t~rn-~_ '- Thi. block win b. Ligoed ONLY when thi, notalien i, r.quired under Po. RCPJP, ~~rf"appcllant was CLAIMANT (see Pa, R.G.P.JP, No, ~~8~lice of Appeal, when received by Ihe Di.trict Ju.lice, will operale a. a 1001 (6) in action before District Juslice, he MUST SUPERSEDEAS to the judgment lor po...'Lion in Ihi. co,,, FILE A COMPLAINT wilhin twenty (20) days alter IIIing his NOTICE of APPEAL. ------ SiWJ.1tlH(-~uiliT~-othc),-'o/'VYc)/l1-.,-itl'Y-- --- - -- --PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND-il"LJLETO FILe (TIlls section o/Ioml to be lise'll ONLY wllm "wcll"n/ .,'..s DEfENDANT (sct! r... nc PJP. No. 1001(7) III o1ction be/om Distr,ct Justice. IF NOT USED, dctacll lrom CqlY 0/ noltce 01 "fllO,1//ll he "CI1'LY/UIXWl "'J(.X!lIe('}. PRAECIPE, To Prolhonotary Ent.. rul. upon __P.oroUgILoLShipuensburQ___._ ___.___u_ n_____ ,appell.e('I, 10 f,l. a comploinl in Ihi, appeal flrll() of ill'H"~'t{.'" (Common PI.a. No. '7 '1- .J f 1.1 CA.l:'( -r:,..,) wilhin lwenty (20) day' alter 'erv~1e or ~r entry of j menl a pro. /~~ ,,.{. /,-/ '- -- ,..>' ~--S~~I.:J'I'e 01 ilI'If"iNlt O' 111$ riflOmeV or ogonI RULE, To Borough of Sltiuu.cnSmWll___.___. app.lleel'), N;rue 01 i11t)('I/I-'I'(SJ (1) You or. notifi.d lhal a rule i. hereby entered upon you to Iii. a complainl in thi. appeol wilhin twenty (201 day. alter the dol. of ,.,vice of thi, ",Ie upon you by penonal ..rvice or by c.rtified or ..gi.l.r.d mail (2)11 you do nol fil. a complainl within Ihi. lime, a JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOU, (3) The dol. of ..,vice of this rule if .ervic. wa. by mail i. the dot. of mailing, Date: ~ .J S' ,192t. )~1U {.J I h...({,._", UiAr:: , _oI~llI~ COURT flU TO BE fiLED WITH PROTHONOTARY AOPC 31'-84 ; FJ" ~t. ' ~.' I', t'l: if; r t .11, ~ .I, 6,~ ;;11 : :.! i . :,11 1,1 ( lh : !I ~ ' . i.1 i :" I ,., . I' , u!1 ; I , f' ( I . I J !!i 1~ ! 11 . ~ 1 I i , (, I I f ~ II ; 1 j; ; fl!:, o 0 I j i ] ._ ! Il!:J i ~ ~ I 1 j.tEJl R;!!: J .I j. 19 & ~ ~ bJ n! I bit j jj~! L,t 'n~~ f 1(0) ]i-:I-~ .. ~I~ lii 0' 0 i I 0 i ~ "t ~ ..;...:......,' r " "":,,, _.~. . '"" l~i)' ......_~ ~-,.~;, . " t </u ~) 1-- -p ((, U'f ~-, I!1l &.1 - I' _..- ;'/,.~. .f 'I' , "">Iii' ~:~ f'f.Y;}' ;i~ ,",1;~" "-" Ii ." ' ,~ Z lO fll ~u I. ", ':. 1.\lh'Hl'~ \,\II"~'1 ! . ". . ,- cr.." O . - It:" " \I,'f .\, '. ./, ~ . ,. \tl" r .. \ ~I\l,) " ~,1 ~_' ., i.. ~ . 3 I"", j 'i ;,'.j , I I I g I i !iI I ; I , ',-'*1 "...., ._1 ie, - ~j~ \:'1 . :,~,t: . !. -?: , f3&~1k i S~Jp~~ (.() IJ..J '(.3" ..( L~ I7J'i7 SI"NJ'-~-( I , - . - l ,J I · .. .. " -- NOTICI 0' A"IAL COMMaHWI"LTH 0' 'INNIYLY"N." COUIf 0' COMMON 'LI"I '110M JUDICIAL DlntlCI DISTRICT JUITlCI JUDOMP.NT 9~. .J N'; (:.",.,j"'-;'~",/ U~-]-Ol COMMON'lI"IN.. NOTICE OF APPEAL Notic. I, gi_ that the appellanl ha. liled in the aba... Court 01 Con."on PI.", 01' '~~"'~ Inxn Ih. ludll'''.''' 'Of,Ie<~ll Ioy th. 1).IIkt Jo,tkl an lho date and In tho co,. mentioned below 1Wir'N ;."UlAN! .---..- .m._ -- \""1 ,,111., 0111;'''' ("# hi Ju:;el'!' F1III. ~ l,.,'lv.. I'illl; U'l l.ul ADOIusa IJ'KUANl -_.--~-------------- - ~il~- 11.11 31L EIl:.;L !.iUJ Ii :;l1el!1 ;.1.111' IIblll''''", 1'1' ~llOftt;;:;;Vll J=~~~~:-;:hJl'I'-elll;LUJ-'i.' V\ . J j II), ,Jill,' llh':":~7'i "I. a...."" .' ---.-----..--.-----. ---...-'jll/\ll;'lIl1.lrlUKII/JRi'llI...lllm""IiNW. t~. '-', . CV 19"/// - 1\()ll!}f2-'i.[ " / 0:..-' / Thil bloc~ will ~ ~ ONLY when lhi, :.otolicxi:i;r.qoi;.;d o,,d";-"';RCPJP ri-i- "r,;I/;~/I'lIt' wa:G~~/M~NI (8110 I'a, 1l:C:P,J,~. No, 10088. Thil Notic. 01 Appoal, whon 10c.l""d by tl.. Dill,ict Ju,tic., will oflo",'o a, a IOOI ((j 1 /It Ildl(.lt~JI()w /Jls/llet JUStlCO, he MUST SUPERSEDEAS 10 lhe judgment fOl 1'0...''"''. in thi, ((II. fll ( A COM/'/,AINlWltlll" tWlJllty (201 days aller ....______ II/lIllI 11m NOIICf III AP/'fAL. S~'J;i'IJl'I' of 1\'1l,iUII~.lr~ Iii lh~IlJ'r . lHON- 1'12~7 -- -.-- rRAECiPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This see/m 01 loon 10 bo used ONlY wi... Iq'k'II'WlI WiI.' (Jill NIJANI p,l'" I'" IIC I' ,/1' No. HUH 17 ) III 'ff;/IIO' /Jo'..., OI.llIel Jusliee, IF NOT USED. c/elxh lrom cqJY alnul.;" 01 'v.x",' In I., ,",'111'1 "'''' "H,'II"'I PRAECIPE. To Prothonolary Enlot rule upOll ~J,.J.IY.'.JJL loll ;"llJ.j,.l.'\,;h..LU_\; 1-. ,"'.....(I~ j.;iif;~;;npIQ1n1 thil appeal Mr,"."t,'HII./It'l'/!>1 "d . ,'.. , \.' .iIt. 1\ \".l (CammonPlealNa '/'1. .,;'1) ('... I /"" I w,lhilltw.",ly (201 llay' nit., , v~~p'ijlli,q;~ItV''''I~'QJnoopraL __._~ ~ _:. ,4 I '''-J .l",."ri~f~... ' f"t .' - ,-- ......: -. i... . I ,.. \ - -- ., .. ....-_- 1~,"tll'l! III .",It"...." 0' ,." Hlk)rfk.'Y I" lJUOfIf RULE. To IlUJ liltqll 01 :;1Ll!!j"<,;lJlll1U.l',, ~ni"flf~"HJ , "'~lt~I'.111 (1) You are nolilied lhat a ,ule ill""oby enlOf.d upon you 10 iii. ""X,~,I""11III 111I'"'~'.''' within tWtl,lIy (201 daYI allOf th.. dale of lotvk. of lhi. rule upDI1 you by pouDf1OIIOfVic. 01 by ,o,tified 01 '.U",.,.d 11.,,1 (2) II you do nollile a camplolnl within thb tin.., n JUDGMENT Of NON !'ROS Will 8E ENIERto AGAINST YOU, (311he date of IOlvk. of lhi. rule If IOfVico WDI by mail I, II.. d"l. a'"x.illll\J Da..: /11"1 ..;,; , ,19"'/ , ; i . -t.-I ' (I II,,, r".. ~ (/,1~, 5<I11li\I1I 01 RotAa_r a /.qlu/y , ,.....--..---, c::- 7""'- _ . jI. / ~ ) / .: / / ) - ("~ .) "}/I'-J ,.. ....~7'^ 7':"I~' '1 " I , J " ,. . ~" ~ 'rF"li/1~ . 7 iLi{r/-J:c~") , I , I I Nlf'C :J 11-1\4 COU.' fiLl \. ': 1\ if ; l~ a ; ~ I ,I i ; U I . ~ .. ; e 3 ; '5 :!:!J ., I 1.= CI ., <0:- ; Ill: S 0: ~,~ t: I' << ~ Q I... ~ \') ,cC_ \1' . IoU "' q~. ~ ,< "t , II. Q o@: ~, . tj ~ ; r= ~ ~ ~. u. !j: o q, t'.l ~. ~~ tn ~) U. ~ o '" S II. tl :l> 'g o '~ III o ~ ~ ~ t: "6 ~ III ~ ~ ~ Ll 8 .!1 j!; U t i ~ ~ g 8 B 11 Ii I ,I II I Ii I' I , L II Ii I' i! 'I I' .! ~ j i \; 5-::~ B Jl .~ ';i ~ 1- I~~ ~ ~ i t' '(J 'U o F CJ l,"f; t. :z !! .. 'U Oll tiiiJ) -0 'j ~ i !~ l~ I~ .Ii" 'Ii .~ \ D~ ~j ~~ \ .!t Ii \J N r~ ~. ~. ~ L J ~ ~ . ~,\: If' ~~~ F ~ c 01: 8 I -0 L - ~ l · i jJN! n ~ !~fi i I ~ ~ ~.; LJ-ti ; f ~:,. ~ !J n ~ of ~ ~ ~!~ r't+--J ~ 1~ ~ :' ~. : ~ ~ i: ~ 1; f. ~:~ ~ j = ~ .. \.", f I \"\;.' ~ H ~!lt; ~ @ u. cf. .' " .~, t t " f, ( J ." (I" l.l" till .J. >- ., E " J:. I b i HAY l'I L ~ ~irH 'SiI. I'F I i flUE. . ('{. ,"QN'"I.\h~" .ill:. '. <. ,II r.IJV. ~ I~ ' f'U..lil II . t"H' ~ n '} i1 ~) t ''t '~_ ',F ',: ._ t .... :. 1 r "t c ~ I~ ,.)1 1,1 in I Ii! J ; f - \, , f' , !. i . I", , " , , . . ; .' :: .. , ,f, ~ (. " c -, i, b {. ~ .j ;;\ t ~- () '~ .\ ':" l! j; :.. t, Ij U ,* ,', ,. () ~ ",:, .j :ll ,~ ,. t- :~ r.~ , ,;: Ci .~ \ . (: t-~ ~ .\ . , , i ?{~~ I .,.-.~"r i '1' /i~'-/"'j' r' !f':<:<~ X~ " ,Yt~ f \v4~ . , , '1:; , ,/ ~~trl~ . ,;'}'1~ .:"q ... :'''i4'; "."* :''1.':'' ,jfi: iru?~-_- /;;;-; <-;', -. -~., ;--~ of ;* .. ,; \ Regulations and Schedules of Rates and Charges. By way of further answer. Defendsnt. Joseph Fink, has no ownership interest in the resl property in question or the water line in question, nor was he ever requeated to act as surety for Melva Fink, sole owner of the real estate located at 320 East Burd Street,or any other person. 7. Admitted in part. Denied in part. It is admitted that the Borough of Shippensburg or the Shipp ens burg Borough Authority undertook to repair the water line in question. The term "service line" has not been defined aa used in this complaint, and as such term may determine the responsibility for repairs. it is denied that the water line in question was a "service" line, and proof thereof is demanded at trial. 8. Admitted in part. Denied in part. It is admitted that Melva Fink received a bill in the amount of $226.44, a copy of which is attached as Exhibit A to Plaintiff'q Complaint. It is denied that Plaintiff expended the alleged sums. After reasonable investigation Defendants are without knowledge or information sufficient to form an opinion as to the truth of the allegation of alleged expenditurea for equipment rental, supplies and lsbor. and proof thereof is demanded at trial. 9. Denied. Regulation 8.1 specifically provides that "The A~thority will make all connections to its msins and will furnish, install and msintain all service lines from the main to the property line". Regulations 3.6 and 3.7 distinguish between the customer's service line and the Authority's service line. the latter being defined ab follows I "3.7 Authority's Service Linel The connecting facilities between the Authority's distribution main and a customer's service line, in general, consisting of a valve or corporation stop at the main, piping therefrom to the street curb line. property line or edge of road right-of-way. terminating in a curb stop and curb box". 10. Admitted in part. Denied in part. It is admitted that Defendants received said bill. lIowever, it is denied lhat Plaintiff submitted its bill to Defendants in ..~ ~ Premises: The integral property or area, including in.provements thereon, to which water service is or will be provided, as such: a. A building under one roof owned or leased by one customer and occupies as one residence or one place of business, or b. A combination of buildings owned or leased by one customer, in one common enclosure occupied by one family as a residence or by one corporation or firm as a place of business, or c. Each unit of multiple house or building or other multi-unit structure occupied by one family as a residence or by one firm, corporation or other entity as a place of business, or , d. A public building, or e. A single plot, used as a park or recreational area. customer's Service Line: The connecting facilities it's curb sto and curb box to a poi~.9L- consumption at a custom.l?r's met~.J::.._!o_c~_~A~:m:__. ~~ Authority's Service Line: The connectinq facilities between the uthority's dislribution main and a customer's service line. in general, consisting of a valve or corporation stop at thi main, piping therefrom to the street curb line, pcoperty line or edge of road right-ot-way, terminatinq in a curb stop and curb box. 3.8 Meter: used as a bas is for customer. A device to~ measuring the quantity of water determining c.harges for water service to a 3.9 Commercial Hater Hauler: A person delivering the Authority's water supply to retain customers. 3.10 Contractor: A building or other person who uses water on a temporary basis for construction purposes. 3.11 Main Extension: Water service requiring the construction of one or more additional water mains. 3.12 Pen;on: An individual, partnership, corporation, association, corporate political body, ownership, or any other entity capable of functioning context used herein. company, joint in the 3.13 Standby Service: supplement service provided from the that of the Authority. Hater service intended to source of supply other than . - - 2 - \,oJ ~~~ - G~\l \..~~ ~~ Wl Charges Prorated According to service: When Service is initiated or discontinued during a billing period, fixed charges will be prorated according to the days of service rendered during the period. &..Jl The customer shall protect the meter against damage due to freezing, hot water, negligence, and other causes. The Authority will repair any loss or damage at the customer's expense. If payment for loss or damage is not made within ten (10) days of the billing date, service will be discontinued until the bill is paid. 6.13 Where steam or hot wa ter is used, the customer shall install a check valve on the customer side of the meter. 7. DEPOSITS 7.1 Deposits shall be required from each customer taking water service from the Authority, in an amount equal to the estimated gross bill for any period of three (3) months with the minimum deposit being Twenty-five Dollars ($25.00). 7.2 Deposits will be returned only to the depositor when he has paid service bills for a period of twelve (12) consecutive months; or upon discontinuance of service by the customer and payment of all charges due. Any customer of good credit who has been returned a deposit will not be required to make a new deposit unless service has been discontinued for violation of the Rules and Regulations. 7.3 No interest will be paid on deposits. ~ Any customer having a deposit shall pay bills for water service rendered in accordance with these Rules and Regulations. The deposit shall not be considered as payment for normal water service. 7.5 The Authority may, at its option, waive the deposit requirement. o. SERVICE CONNECTIONS The Authoritv will make all connections to its lili\imL a i stall a d ai tai all se vice lines fro~-th~ main to the property lin~. Tn-e-l::urb 'stop and curb box shall be placed inside the property line. All of which service line shall be the property of the Authority and shall be._ps;~~!:!!!j,pJg to and und~i;- its control. The customer is responsible for the cost of the service connection in accordance with charges set forth in Schedule "B". Public fire hydrants will be installed either by a developer as part of a development plan or by the respective municipality - 6 - which is served by the public water and tho costs associated with such installation shall be borne by the respective party. Public fire hydrants will be maintained by the Authority after installation. ~ Each property served shall be individually supplied through a separate service pipe from the water main, unless the Authority approves some other arrangements because of special circumstances. ~ <..,pl All leaks in service lines shal~~e_J2r9!!1.Pt!y r _repaired by the propertL!?-w!1er, at their sole expense. On fallure to make such repairs ~th reasonable dispatch, the Authority may turn off the water, and it will not again be turned on until all proper and necessary expenses incurred in shutting off and turning on the water are paid in full. "0 deduction from any water bill shall be allowed on account of leakage. ~8~ The Authority shall in no event be responsible tor_ maintenance of, or for damage done by water escapinq from the service pipe or fixture on the outlet side of thF! cllrh regulations in reference thereto and shall make any changes thereon required on account of change of grade, relocatJon of mains, or otherwise. 8.5 Customers or owners wishing to resume or discontinue the use of water service shall sign a turn-on or turn-off request and pay all bills in full up to the time said request is made, including the payment of the shut-off fee. ~ Hhen a customer desires a change in location or size of an existing service line, he shall bear the entire cost of the change. 8.7 Authority'S service lines will not be installed on private property, unless the customer provides a duly recorded written easement granting permission for the Authority to install and maintain the service line on said private property. If the service line from the curb to the premises served passes through the property of persons other than the owner of the premises to be supplied, the owner shall assume liability for the service. !LJl. The Authority reserves the right to construct its Eervice line after the customer installs his service line to the Authority'S satisfaction. 9. CUSTOMER SERVICE LINES r'9:1\;'1l customer service lines from the curb sto..pto the house sha~ of a pipe approved by the Authority,--raldat.'least four (4) feet below the surface of the ground and kept in good repair at the expense of the customer. - 7 - ~ service pipes may be laid in the same trench with the sewer pipe, provided they must be two (2) feet apart. ~9~ The customer or owner of the DroDertv shall at the customer owner's expense connect onto the cub-sto at t service or shut-off box and extend a serv ce p pe to the building being serviced. A separate individual private shut-off must be installed either outside the basement wall of immediately inside said wall, for the customer's or owner's use in making repairs and maintaining their said private system. said servicn pipe fixtures, including the curb stop and curb box, curb stop top, valves and other items, and outlets shall be kept in good repair at the owner's expense at all times and be subject to inspection at any reasonable time by the Authority or its representatives for which purpose, the Authority shall have the right-of-way into and through the premises of the customer or owner. ~ Whenever the customer desires to have his service contract terminated or his water service discontinued, he shall notify the Authority to that effect in writing and he shall pay a fee as set forth in Schedule "8" to have such service terminated. The customer shall be responsible for the payment of all services rendered by the Authority until such written notice and payment are received. No charge shall be made to restore service to a property where service was discontinued. ~ The water may, after due notice, be shut off from a customer failing to comply with these Rules and will not be again turned on until satisfactory assurance is given that these Rules will be complied with and all proper and neceosary expenses incurred in shutting off and turning on the water are paid in full. 9.6 The customer's service line shall be installed as a continuous length of pipe, and shall meet Authority specifications. 2..J The service line trench shall not be backfilled until the Authority's service line is installed, and the customer's service line is inspected and tested by Authority personnel. If in the opinion of the Authority, any defects exist in the customer's service line, water service will not be furnished until such defects are remedied. All plumbing connections shall be able to withstand a pressure of at least one hundred fifty (150) pounds, per square inch. .9..l!. If service line pressure is deemed excessive by either the Authority, a~plicant, or customer, it shall be the customer's responsibility to install a pressure regulator at his expense. ~ Although service line pressure may be undesirably low, the Authority shall be under no obligation to increase pressure by pumping or other means. - B - .!L.lQ When two or more cllstomers are supplied from the same service line, controlled by a single shutoff valve, any violation of these Rules and Regulations by any of said customers shall be deemed a violation by all, and the Authority may take action against the group of customers as if they were a single customer. However, such action will not be taken until an innocent customer is given the opportunity to install a separate service connection. If no corrective action is taken, the Authority may, upon ten (10) days written notice to all consumers on said line, discontinue water service. Service will not be reinstated until separate service lines have been installed to each party in accordance with Authority Rules and Regulations. 10. TEMPORARY USES ~ Water service may be provided on a temporary basis for special conditions which do not fall under the classification of permanent or standby service. Each case shall be reviewed on an individual basis and service shall be at the discretion of the Authority. ~ Applicants for temporary use of water shall submit a written application to the Authority for approval. The application shall be accompanied by a deposit in the amount of the estimated quarterly charge, as determined by the Authority, with the minimum charge being $25.00. ~ All costs for installation and dismantling Authority service connections shall be paid for by the applicant. lQ..:..i Temporary water service may be metered, at the option of the Authority. The Authority will install and remove the meter, and all costs shall be paid by the applicant. 10.5 If water is used where a meter is not installed, the Authority shall establish the charge for water service, from the date of initial use to the date of meter installation or termination of use. 11. NON-PERMISSIBLE CONNECTIONS 11.1 The following connections are prohibited: (a) connection to any water system, other than the Authority water system. , (b) Any device which, in the opinion of the Authority, may cause water pressure surges. (c) An unprotected connection to a booster pump, boiler plant, or boiler pump. - 9 - ..:l"ht'H Nov I> 8 O~ AH '95 ." EO'OFFlCf 1'1 ' . "~nTu'k' IAht r.UI4!;lIll AkD C(ILHfY P[HhSYlYA~IA IJ.tIJ''ir IlfJJ '~.r (~ piM/.4. a.ud ~~ rt 'lb~ hI~ Z df' 'f ~ ~ ~. i -. "'C'"C~ "'_~'~'b ;~....",.-...".,,,,: ,-- . . - '~""_'''"!<"''',<~,__-~''''''H__.,~,,. ,--,-- -- .. f "" tI . " .. - -~ . -,. .~ ......-.. .'