Municipal Authority of the Borough of Derry, Westmoreland County, PA

MADB Rules and Regulations

1. DEFINITIONS

(a) Authority – The word “Authority as used herein shall mean The Municipal Authority of the Borough of Derry, County of Westmoreland, Pennsylvania or it’s authorized representatives.

(b) Customer – The word “Customer” as used herein shall mean the owner(s) of a premise contracting for a supply of water.

(1) A building under one roof, owned or leased by one party, and occupied as one residence or business; or

(2) A combination of buildings owned or leased by one party in one common enclosure and occupied by one family or business; or

(3) Each portion of a building which is capable of subdivision and is used by more than one family or occupant; or

(4) Each apartment, office or suite of offices located in a building having several such apartments, offices or suites of offices; or

(5) Mobile, modular or manufactured home situated on a lot or in a park or court.

2. CONDITIONS OF SERVICE

(a) Water service at any time is furnished only in accordance with the currently prevailing Rates, Rules and Regulations of the Authority which are made a part of every Application, Contract, Agreement or License entered into and between the customer and the Authority. Any future modification of Rates, Rules or Regulations shall apply equally to those who are receiving services at the time such amendments or modifications may be adopted by the Authority.

(b) No agent or employee of he Authority shall have permission to bind it by any promise, agreement or representation, not provided for in these Rules, unless such permission is in writing signed by the Manager or by an officer of the Authority.

(c) The Authority shall have the right to temporarily discontinue water service without notice, in case of breakdowns or for other unavoidable causes or for the purpose of making necessary repairs, connections, etc. The Authority shall not be liable for damages caused by a deficiency or failure in the supply for causes beyond its control, or for damages due to the breaking of any water main, hydrant, service pipe, meter, plumbing fixtures or appliances.

(d) The Authority reserves the right to restrict the supply of water in case of scarcity or whenever the public welfare may require and may reserve a sufficient supply of water at all times in it’s reservoirs to provide for fire and other emergencies.

(e) The Authority will supply only such water and at such pressures as may be available from time to time as a result of its normal operation of the system. The Authority will endeavor to supply water at a pressure of not less than 20 psi at the customer’s service connection.

(f) The Authority reserves the right to change or amend from time to time these Rules and Regulations and the Rates for the use of the water.

(g) Where two or more buildings or billing units are supplied with water through the same service line, any violation of the Rules and Regulations of the Authority with reference to one said building or billing unit shall be deemed as a violation by all of them and the Authority may take such action as would apply for a single unit after due notice has been given to all affected customer.

(h) Where two or more buildings or billing units are supplied with water through the same service line, and where a vacancy occurs in one of those billing units, it shall be the responsibility of the Customer to notify the Authority of such Vacancy at least ten (10) days prior to the first date of any billing period. Failure to do so will result in full billing for such vacant unit.

A new occupancy of any portion of a multiple billing unit shall be immediately reported to the Authority. Failure to so report shall subject the Customer to a penalty equal to the amount chargeable as though the unit or portion of unit had been continually occupied and shall be a condition of service as otherwise stipulated in these Rules.

3. APPLICATION FOR SERVICE CONNECTION

a) Water service connections will be made only to properties abutting a public highway or street through or under which a main pipe of the distribution system of the Authority is located. Each billing unit as defined in paragraph 1 (c) (1) (2) or (5) of these Rules and Regulations and each building housing more than one billing unit as defined in paragraph 1 (c) (3) or 1 (c) (4) shall have a separate service line directly connected to the water main. Consecutive connections are not permitted. The customer is responsible for service line rights-of-way procurement. Service Lines will be located approximately at right angles to the street, or at the location providing the shortest distance between the street and the building being served. If there is no main water line in the street at the location, service will not be approved until the distribution system is extended.

b) Any property owner desiring the introduction of a service line or lines from the Authority’s main into his or her premises must first make a written application on he form furnished by the Authority, at least one (1) week before service is required, stating the street and lot number or location, the name of the owner and tenant, the purpose for which service will be used, the guarantee that such service will continue for at least one (1) year, and the exact time when the trench from the curb stop to the property will be ready for making the connection.

c) An application for service must be signed by the owner of the premises, or his duly authorized agent, which application shall, together with the Rules and Regulations of the Authority regulate and control the service of water to such premises.

d) All applicants shall pay fees as set forth in Section 1(a) of the Rate Schedule before receiving water service. These fees shall be paid at the time of application for service even where there is a master meter that previously paid a tap fee.

e) The Authority shall not be required to upgrade old substandard water mains to service or renew an account. The Authority may deem it necessary to abandon said lines. The Authority is not required to provide service to a customer applying for water which is in need of a water main upgrade to serve their property. This pertains when the old main is undersized or not of the proper depth or constructed of substandard materials. The requestor will be required to provide a main line extension beginning at a point where there is an adequate water main and then extend a new line across the entire length of his property meeting the current Authority specifications. It will then be treated as any other line extension. The new line will then be tapped and the customer provided water service.

4. APPLICATION FOR WATER SERVICE

(a) Where premises have already been supplied with a service connection, and a customer desires that water be activated to the premises, the customer, or both an owner or tenant, when applicable, will be required to make written application on the form furnished by the Authority at least three (3) days before service is required. The Authority must approve the application before the water is turned on. Property owners will be responsible for payment of all past-due charges for service provided to the property, in addition to any service charges.

(b) Applications for special service must be submitted in writing to the Authority at least five (5) days prior to the time when service is required. At the time of application for service, the Authority may, if the property is due for a meter upgrade, require said to be installed and paid for prior to the activation of water service to the premises.

(c) Deposits may be required from any customer in an amount equal to the estimated gross bill for any single billing period plus one month. Deposits will be returned to the depositor when he has established his credit to the satisfaction of the Authority by payment of undisputed bills for service for a period of twelve (12) consecutive months. Deposits will not bear interest.

5. APPLICATION FOR INSTALLATION OR RELOCATION OF PUBLIC FIRE HYDRANTS

(a) Any Municipality, a portion or all of which received service from the Authority, may make written application to the Authority for the installation of public fire hydrants.

Public fire hydrants will be installed by the Authority upon receipt of a written application signed by an official of the Municipality setting forth the location of all required public hydrants and agreeing to pay the Authority the annual unit rate set forth in the Rate Schedule. A cash deposit sufficient to pay for the prevailing material cost of instillation, including street and sidewalk restoration will be required. The Authority will provide the labor and equipment for the installation at no cost to the customer. The Authority will install hydrants only in locations where a six (6) inch or larger main is available for fire fighting purposes, except that the Authority may waive this requirement at the request of the Municipality.

Existing public fire hydrants will be relocated to an approved location by theAuthority upon receipt of a written request by the Municipality. Where hydrants are to be relocated the Municipality will be required to pay all the cost, except labor, of the relocation work.

(b) All public hydrants will be owned and maintained by the Authority and shall not be used for any purpose other than fire protection without the prior consent of the Authority.

6. SERVICE LINE INSTALLATION AND PLUMBING REQUIREMENTS

(a) After receipt of a properly executed Application for a service connection and payment of the established charges, the Authority will install a service line from its main line to a point in the sidewalk or berm area adjacent to the customers property. The Authority will terminate the service line at a curb stop and will be responsible for the maintenance of the service line between the main and the stop.

(b) The Service extension beyond the curb stop shall be installed and maintained by

and at the expense of the customer. It shall also be kept in good repair. The service line will be installed perpendicular to the street.

(c) The service line extension installed by the customer shall be constructed of type K soft copper tubing or other materials having copper tubing size (CTS) and a 200-PSI rating. The Authority must approve all materials. All fittings shall be brass and may be either compression type of flared as approved by the Authority. The service line size will be determined by the Authority and will be a minimum of ¾” for individual residential properties.

(d) The service line extension shall be laid at a depth of not less that four (4) feet below final grade and shall not be covered until it has been inspected and tested by the Authority. If any defects are found they shall be corrected to the satisfaction of the Authority before service will be made available.

(e) No service line extension shall be laid in the same trench with any sewer pipe, gas pipe or any other utility service, nor within three (3) feet of any open excavation or vault.

(f) There shall be placed, by and at the expense of the customer, in the service line immediately inside the building to be served, a brass stop valve with a drain so located as to be able to drain all of the pipes in the building. A meter and appended equipment shall also be installed to the Authority’s specifications.

(g) All hot water tanks or boilers must be equipped with vacuum, pressure and temperature relief valves to prevent damage. The Authority will in no case be responsible for damages caused by failure to observe this rule or by failure of any protective devices installed by the customer.

(h) Any pressure regulating valves or booster pumps required by the owner will be installed on the outlet side of the meter at the owners expense.

(i) No physical connection will be permitted between the plumbing system served from the Authority’s system and private sources such as wells, cisterns, etc. Customers must ensure that no potential cross-connections exist. Closed valves or check valves are not considered to provide the necessary isolation.

(j) Should a change in street grade necessitate the lowering of a service line, the customer will relocate the service line extension beyond the curb stop at his own expense.

7. METER INSTALLATION

(a) The Authority reserves the exclusive right to determine when and where meters will be installed and may at its discretion install meters on any or all customer services at any time.

(b) The Authority will furnish each premise serviced with a water meter, including meter upgrades or replacements needed due to age or technology change. These meters will be installed and replaced at the customer’s expense, and the Authority shall retain ownership. Any maintenance or repair for said meter shall be at the expense of the Authority. To the extent that a private meter is permitted by the Authority, said meter shall be owned and maintained by the property owner.

Whenever a meter upgrade program is initiated by the Authority or in any circumstance where a new meter is needed for a property, the Authority will assess the charge to the property owner for the cost of said equipment. The Authority may require a replacement due to age or technology change at the customer’s expense at any time, and may, when applicable, charge an assessment upon transfer of title ownership of the property or in the case of any application to transfer service, and can require the payment of said costs in order to continue water service.

(c) The size of the meter to be installed shall be determined by the Authority based upon the estimated maximum water demand of the customer. Meters serving individual residential properties will normally be 5/8” x ¾”.

(d) The customer must provide suitable housing facilities for any water meter and will be responsible for any damages to the meter through extreme heat or cold or accidents. The customer shall provide a meter setting as close as possible to the point at which the service line enters the building or meter housing and will provide a stop and drain valve on both sides of the meter. In addition, an approved back-flow prevention device is required on the output side of the meter.

(e) In case no suitable housing for the meter is available in the basement or within the building to be served, or in cases where a service line in excess of 100 feet is necessary, the Authority will construct an outside meter setting near the curb stop location. The customer will be required to pay the extra charge for an outside meter setting as set forth in the rate schedule.

8. BILLING PROCEDURES

(a) All bills may be rendered monthly, quarterly or annually at the option of the Authority, in areas, except as otherwise provided herein, and shall be due and payable when rendered, and are subject to the penalty shown on the bill if not paid within the period or before the date specified on the bill.

(b) All bills for services are payable at the Authority’s office or at other places that may be designated by the Authority, for the convenience of the customer.

(c) Payments mailed, as evidenced by the United States Post Office mark, on or prior to the end of the period during which bills are payable at face value, will be deemed to be a payment within such period.

(d) If a bill due from a customer is not paid within thirty (30) days after presentation of said bill, all water service to the customer may be discontinued after due notice. Service will not be restored until all bills due from such customer have been paid in full and a service charge, as set forth in the rate schedule, has been paid.

(e) Bills and notices relating to the Authority or its business will be mailed or delivered to the customers last address as shown by the books of the Authority and the Authority shall not be otherwise responsible for delivery. The Authority will send all such notices and bills to the address given on the application for water service until a notice of change in writing has been filed with the Authority by the customer. Failure to receive a bill shall not exempt any customer from the accruing of a penalty. The subsequent presentation of a bill to the customer is only a matter of accommodation and not a waiver of the rule. Where a tenant is occupying a billing unit, the property owner shall be held responsible for said water bill. Water service will not be continued until all charges are paid in full.

(f) Payments in advance of furnishing services may be required for all special service charges as shown on the rate schedule.

(g) Any customer, upon receipt of a bill, having reason to doubt its accuracy, shall bring or mail the bill within five (5) days to the Authority for investigation.

(h) Should a water customer of the Authority doubt the correctness of his water meter readings, the customer may have said meter tested upon written application to the Authority and by making a deposit as indicated on the Rate Schedule to defray the cost of said extra meter test. Should such accuracy test show the meter in question to be correct within 4%, as prescribed by general practice, the customer shall bear the cost of said test. On he other hand, should the test show said meter to be registering incorrectly beyond 4% of the accurate amount, the required deposit shall be refunded, the account adjusted accordingly, and the entire cost of the test in this latter event shall be borne by the Authority.

9. CHARGES AND RATES

(a) Charges and Rates for service connections, water service and special charges, shall be as indicated on the Authority’s Rate Schedule that shall be considered as part of these Rules and Regulations.

(b) A minimum charge shall apply to each billing unit as defined under paragraph 1(c).

(c) The use of water by the same customer in different billing units or locations will not be combined and each installation shall stand by itself.

(d) Billing procedure for two or more billing units on one meter will be to charge one minimum for each billing unit; allowing 3000 gallons for each minimum per month.

(e) For service beginning or ending during a monthly period, charges will apply for the entire month.

(f) The Authority, at its discretion, may elect to bill the owner of a property for water

service instead of the tenants. This shall also apply to mobile home parks. The bill will include a minimum charge for each billing unit plus consumption as calculated from the reading at the master meter.

(g) A service charge of $1.00 will be applied to all accounts each billing cycle.

10. DISCONTINUE AND RENEWAL OF SERVICE

(a) 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 that the contract shall terminate on the first day of the month succeeding the date of notice. When water is turned off at the curb stop at the end of the month, no further charge for water service will be made until service is again requested.

(b) Water service will be renewed within one (1) working day of receiving a written request of a customer in good standing provided an application for service is on file with the Authority and further provided that there are no outstanding bills against the customer. Where service is renewed during a month the customer shall pay the minimum charges, as they would apply for the entire month.

(c) When premises are vacated, the customer must give ten (10) days of notice to the Authority so that the water may be turned off and the meter reading taken immediately prior to vacation of the property.

(d) A new application for water service must be made prior to any change in ownership of the property, in order to prevent interruption of water service. The proposed owner must submit an application to the Authority before the change in record ownership actually takes place. The Authority will not initiate nor renew service to a new owner or tenant(s), until all past due accounts are current and a new application has been approved. The Authority reserves the right to terminate water service to the premise after a five (5) day notice to the new owner or tenant is given if the above rules are violated.

(e) In the event any customer during ownership of a premise(s) shall cause, or allow to be caused, permanent discontinuance and termination of existing water services, the Authority shall be entitled to full reimbursement for costs and expenses that may be necessary and proper to complete the removal of those services. In the event the customer fails to reimburse the Authority for said costs and expenses, a municipal lien shall be filed. Also, as a condition for a subsequent request to renew water services by the customer, after permanent discontinuance and termination of services, all necessary and proper costs and expenses for said complete removal of services, plus any additional amount due under any municipal lien filed, must be fully paid to the Authority; otherwise restoration of water services will be denied.

11. CANCELLATION OF SERVICE BY AUTHORITY

(a) The Authority reserves the right, at all times, after giving proper notice, to discontinue water service for any of the following:

1.) For misrepresentation in an application as to property to be served, or the use to be made of the water supply.

2. ) For Failure to maintain, in good condition, the service line extension or fixtures owned by the customer.

3.) For refusal of access to property for purposes of meter reading, inspection, posting financial account notices or maintenance.

4.) For violation of any of the Rules or Regulations of the Authority.

5.) For non-payment of charges or rates levied by the Authority.

(b) When service has been discontinued by the Authority under this Rule, service will be restored only upon payment of all outstanding charges, payment of the special fee indicated in the Rate Schedule and the remedying of the situation causing discontinuance of service.

12. SERVICE REGULATIONS

(a) Under no circumstances shall any person not authorized to do so by the Authority, operate any valves, hydrants, curb stops or other fixtures under the jurisdiction of the Authority.

(b) Under no circumstance shall any person not authorized to do so by the Authority, tamper with any meter, meter seals, or piping ahead of a meter.

(c) The Authority’s representative shall have access at all reasonable times to the premises supplied for the purpose of installing, reading, removing or repairing meters or for making necessary inspections.

(d) No person shall by-pass any meter or in any other manner use water with intent to evade payment.

(e) No customer will be permitted to supply water to any premise(s) other than that which is described in the application for service.

(f) During the time water is being used for the extinguishing of fire, the use of hoses and lawn sprinklers is prohibited.

(g) The customer shall notify the Authority immediately of any damage occurring to a meter or of the breaking of any meter seal.

(h) No person shall place any obstruction over or within a curb or valve box to prevent operation of the stop or valve by the Authority.

13. LINE EXTENSIONS

(a) Line extensions to serve a property or properties presently without service may be made by the Authority, at its discretion, upon the written request of a prospective customer or Developer and upon payment to the Authority of an amount determined in accordance with the rate schedule.

(b) All line extensions will be under the sole ownership of the Authority and will be maintained and operated by the Authority.

(c) The Authority may, at its discretion, move an existing customer from one line to another, in order to efficiently serve an area. This move will be completed without reimbursement to another customer(s) or shareholder(s) of any line extension.

(d) The Authority reserves the right to install extensions of its water system from or beyond an extension which was installed at the expense of a customer or developer. This performed in such a manner and at such time, as the Authority shall see fit to do so. Said further extension shall not be subject to reimbursement in whole or part to the customer or developer. (e) Reimbursement up to the amount deposited by the prospective customer or developer, for a maximum of ten (10) years from the time the authority accepted the line extension, shall be made from special connection charges received by the Authority from property owners served directly from within the length of the line extension. The amount reimbursed will be the difference between the special connection charge received and the connection fee, which would normally be charged in areas not requiring a line extension. The Authority will notify by certified mail, to the last known address the property owner or owners for whose benefit such reimbursements shall apply within thirty days of the Authority’s receipt of any such reimbursement payment. In the event that the Property owner or owners have not claimed a reimbursement payment within one hundred twenty (120) days of the mailing of the notice, the payment shall revert to and become the sole property of the Authority with no further obligations on the part of the Authority to refund the payment to the property owner or owners.

14. LIEN’S FOR NON-PAYMENT OF CHARGES

The Municipal Claims Act empowers the Authority to file liens for unpaid charges for water and sewer service on or before the last day of the third calendar year after that in which the charges are first payable.

15. SERVICE TERMINATION PROCEDURE

The Municipal Claims Act empowers the Authority to terminate service for non-payment of Charges.

The following procedures will be observed prior to interruption of service to a customer.
(a)     The bill shall be due and payable at face on or before the date shown on the bill.

(b)    The second notice shall be sent by mail after the due date advising that the bill is past due and payment should be made within thirty (30) days with an additional 5% penalty added. After the thirty day period has elapsed, the property shall be posted with a ten (10) day termination/shut off notice. This notice shall further include the invitation to the customer to appear at the office for a hearing concerning the circumstances surrounding the delinquency.

(c)     The additional cost incurred for the above procedure will be added to the unpaid balance of the bill.

16. CUSTOMER COMPLAINT PROCEDURE

The office personnel are designated as the Authority’s customer service representatives. If the dispute cannot be settled at that level, the customer can take his dispute to the Manager and ultimately to the Authority Board.

17. UTILTY SEPARATION REQUIREMENTS FOR WATER MAIN INSTALLATION

(a) For new development: maintain a minimum of ten (10) feet between both sanitary and storm sewers.

(b) For current system: maintain a minimum of three (3) feet horizontal and one and one half (1-1/2) feet vertical separation between utilities.

(d) In the event of hardship in the above locations, on written approval of the Authority, the location can be negotiated.

18. RULES INCLUDE SEWER

The above rules pertaining to water service also are included in and apply to sewer service; as stated in Ordinance 675.

Public Water Supplier No. 5650049620

620 North Chestnut Street
Derry, PA 15627
724-694-2305