RULES AND REGULATIONS GOVERNING WATER SERVICE

Transcription

1 HIGHLAND SEWER AND WATER AUTHORITY CAMBRIA COUNTY, PENNSYLVANIA 120 TANK DRIVE JOHNSTOWN, PA RULES AND REGULATIONS GOVERNING WATER SERVICE Schedule of Rules and Regulations governing the supply and use of water service in the Highland Sewer and Water Authority Service Area Effective: July 1, 2008 NOTICE THE AUTHORITY RESERVES THE RIGHT TO CHANGE OR AMEND THESE RULES AND REGULATIONS AND ANY OR ALL RATES, CHARGES OR FEES AT ANY TIME AND WITHOUT PRIOR NOTICE.

2 TABLE OF CONTENTS Page PREAMBLE 1 DEFINITIONS 2 APPLICATION FOR SERVICE 3 GUARANTY DEPOSITS 3 CAPACITY FEES 3 SERVICE CONNECTIONS 4 LINE EXTENSION RULE 5 SERVICE LINES 6 SERVICE DISCONTINUANCE 8 TEMPORARY USES 9 METERS 9 FIRE PROTECTION 11 LIABILITY FOR SERVICE 14 BILLS AND PAYMENT 14 GENERAL 15 EMERGENCEY INTERCONNECTIONS 16 ENFORCEMENT 17 APPLICATIONS FOR WATER/SEWER SERVICE 18 APPLICATION AND AGREEMENT FOR WATER SERVICE 20 WATER SERVICE INSTALLATION DIAGRAM 21 SPECIFICATIONS FOR WATER SERVICE INSTALLATION 22 RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT 24 RATES AND FEES 28 ADDENDUM TO THE RULES AND REGULATIONS 30

3 HIGHLAND SEWER AND WATER AUTHORITY RULES AND REGULATIONS GOVERNING WATER SERVICE A copy of the rate schedules and the Rules and Regulations governing the supply of water service are open to inspection at the Authority s office. ARTICLE 1 PREAMBLE The Highland Sewer and Water Authority shall have exclusive charge and management of the Water System and shall hire and retain such personnel as it shall deem necessary for the operation, maintenance, development and protection thereof. These Rules and Regulations are a part of the contract with every person, association, firm, corporation, or municipal body who takes water; and, by taking water, each Customer or consumer agrees to be bound hereby. The Authority Board has the right, in its sole discretion and upon just cause shown, to waive or vary any provision of these Rules and Regulations that it deems to be in the best interests of the Authority and in the fair and efficient operation of the water system. It shall be the duty of the Authority Manager, under the direction of the Authority Board, to see that the Rules and Regulations governing the Water System, that now or may hereafter be adopted, be properly carried out. He shall have general supervision over all operations and interest of the Water System. He shall report to the Authority Board at least once a month as to the condition of the Water System and shall perform such other duties as the Authority may prescribe or direct. Any consumers taking water from the Authority shall be bound by the provisions of these Rules and Regulations, as from time to time amended by the Authority. 1

4 ARTICLE 2 DEFINITIONS AUTHORITY As used herein, the term Authority shall mean the Highland Sewer and Water Authority. CUSTOMER The individual or individuals, partnership, association, company, municipality, or any entity whatsoever becoming the contractual applicant and therefore responsible for payment as provided in the Rules and Regulations of the Authority. This customer may or may not also be the occupant, property owner, or actually using the Water Service of the Authority. (Revised 12/1/2015) EQUIVALENT DWELLING UNIT (EDU) The average amount of sewage flow expected to be generated by a single family dwelling. METERED SERVICE The supply of water through a single Service Line and an individual meter. OCCUPANT Any individual or individuals, partnership, association, company, corporation, or municipality, that is physically located in a premises supplied with water service and using the same for any purpose of residence, business or otherwise, whether as owner, customer, lessee or tenant thereof. (Revised )(Revised ) PROPERTY OWNER Any individual or individuals, partnership, association, company, corporation, or municipality, having possession of all or any part of a premises served by the Water System. (Revised ) RULES AND REGULATIONS Shall mean this document and any amendments or additions thereto, whether or not they are embodied in this or successor documents. SERVICE LINE All piping, excluding the Authority-owned water meter, connected to the Authority s curb stop or gate valve and extending to the structure(s) and/or appurtenance(s) to which water is provided. 2

5 ARTICLE 3 APPLICATION FOR SERVICE 301. The prospective Customer, or duly authorized agent, thereof, will make application for water service upon the Authority s printed form (See Application for Water/Sewer Service); and, if approved by the Authority, water will be supplied in conformity with the class, scope and type of service appertaining to Customer s premises as set forth in the application. Said application, and the Rules and Regulations of the Authority, as amended, constitute the contract between the Customer and the Authority. Nevertheless, the acceptance or use of water service at any location by a user, without formal application thereof, obligates the user to these Rules and Regulations and the current rates; and they are bound to same as if they were a Customer. The Authority has the right to approve or disapprove the Application for Service At the time of making application in person at the Authority office, all prospective Customers are required to present two (2) forms of identification. An application may be completed and mailed or completed on the Authority s web site. In such cases, the prospective Customer must include his/her Social Security number and driver s license number on the application form All applications are subject to the current Service Start-Up Fee, which will be added to the first month s bill (See Rates and Fees) A new application must be made to the Authority upon any change in the identity of the Customer at the premises served, or in the class, scope, or type of service, as indicated on the approved application. Failure to complete a new application may result in the Authority discontinuing service until such application is made and has been approved An application is required of the entity assuming responsibility for payment of the bill for service at the service address as noted on the application. The noted Occupant/Customer should be the person, company, corporation, etc. being provided service. ARTICLE 4 GUARANTY DEPOSITS 401. If any Customer demonstrates a history, as determined by the Authority, of late payment or non-payment relative to their monthly service bill, the Authority will require a deposit equal to $50 or the total of the highest, three consecutive-month bills during the previous twelve-month period (See Rates and Fees). ARTICLE 5 CAPACITY FEES 501. The Capacity Fee portion of water service charges has been established by the Authority in accordance with the provisions of Pennsylvania Act 57. Water service from the Authority can be secured only by payment of the appropriate Act 57 Capacity Fee All prospective Property Owners will pay an equitable charge for their respective share of the Capacity within the Authority s water facilities. Capacity Fees will be based upon the Occupant s projected water usage, calculated in terms of equivalent dwelling units (EDUs) For the purpose of allocating water Capacity for new residential construction, one EDU is equal to a daily usage of 155 gallons per day, based on 65 gallons per person times the number of persons per household in the latest U.S. Census. For new, non-residential construction, the Authority will accept the Customer s estimated or projected water usage for the purpose of allocating water Capacity. 3

6 504. Any prospective, residential Customer who proposes to utilize a property where a previous water Customer had existed shall be allocated one EDU of Water Capacity. In the case of non-residential Customers, Water Capacity shall be allocated based upon the number of EDUs purchased by the previous Property Owner. Where a previous non-residential Customer had existed, but where Act 57 charges did not apply, an EDU value shall be assigned/grandfathered based upon an analysis of past usage records. Purchased or historic EDU Capacity/usage shall be compared to the EDU total requested by the new, prospective Occupant. Where the proposed usage is less than the purchased or historic, no additional EDU fees will be owing. Conversely, should the prospective Occupant s request exceed the purchased or historic usage, EDU fees will be owing by the Property Owner for the additional Capacity. (Revised , ) 505. The Authority will annually conduct a Capacity analysis or usage study. Customers found to have exceeded their original, purchased or assigned usage for at least one month during any twelve-month period shall be billed additional user fees, based upon their actual usage. Payment shall be due and payable within thirty (30) days of billing for the difference between the previously paid-for or assigned usage and the peak month usage, as demonstrated by the Authority s water meter reading records during the preceding twelve-month period. The charge for additional usage will be billed at its corresponding EDU value and at the current rate. Partial EDUs shall be rounded up to the next, whole EDU. If the customer is able to establish, to the Authority s satisfaction, that the increased or higher flows were due to extenuating circumstances, out of the ordinary course of customer s business and are such that they will not re-occur, the Authority may exclude such flows from the calculations subject to this Resolution In cases where the Capacity paid for by the Property Owner exceeds the actual usage of the Occupant, the Authority does not refund or rebate any portion of such user charges. Once a particular Capacity is requested and paid for, that portion of Capacity is perpetually allocated to the property served by the water facilities of the Authority. Said Capacity runs with the property and is available for future Customers in that location No Act 57 Capacity Fee (or Special Purpose, etc.) shall be assessed to any Property Owner seeking to establish or reinstate water service to a new or existing, auxiliary structure (garage, shed, pool house, etc.) located on their property, unless the structure is used as a residence or is used to house a commercial/industrial activity requiring water consumption in excess of previously allotted or purchased Capacity in the water system Capacity Fees will be waived for any commercial or industrial type applicant whose tenure or operations will be temporary, with the term temporary to mean a period of time not to exceed three years, and with such status to be reviewed annually. Water bills for Customers classified as temporary will be calculated according to the Authority s current declining rate chart, except that the lowest increment of the rate chart will be eliminated (See Rates and Fees). ARTICLE 6 SERVICE CONNECTIONS 601. Residential Service Connections 601-A. For the purpose of this section service connections ¾, 1 or 2 in diameter shall be viewed as a Residential- Size connection. All required water applications must be completed, and all water fees must be paid to the Authority prior to obtaining building permits. It shall be unlawful to obtain or take water service from the Highland Water System without having first paid the appropriate fees as required. After the Property Owner has completed the required application form (See Application and Agreement for Water Service) and paid the appropriate Connection and Capacity Fees (See Rates and Fees), the Authority will schedule the proposed installation at its discretion, but in a timely manner. The Authority will provide the connection to its main line and run the appropriate size Service Line to the Property Owner s property. The service connection shall terminate with a brass curb stop and cast iron curb box placed within the road right-of-way at a point as near the actual property line as can be determined by conditions in the field. (Revised ) 4

7 601-B. The location of the Service Connection shall be determined exclusively by the Authority. The Property Owner may request the Service Connection and curb stop at a preferred location, prior to actual installation. If possible, as determined by the Authority, the Service Connection will be installed at said preferred location. 601-C. No service connections will be installed during any period when street openings are prohibited by State or Municipal regulations, nor at any time when, in the judgment of the Authority, working conditions are unfavorable for the installation either by reason of weather, temperature, soil conditions, or otherwise Large Size Service Connections 602-A. All service connections 4 or larger shall be initiated after the Applicant has completed the required application forms, paid capacity fees and paid one-half (1/2) of the estimated cost, as determined by the Authority, as an advance on the installation costs. It shall be unlawful to obtain or take water service from the Authority Water System without having first paid the appropriate fees as required. Upon completion of the service connection, the Authority will invoice the Applicant for the balance owing. The total cost will be computed, including time and material plus overhead. (Revised ) 602-B. Contractors, developers, persons constructing premises for resale and others applying for new connections wherein the entire connection fee is not tendered in full with the application, will be denied further connections if the fee billed to them remains unpaid for a period of thirty (30)days from the date of the invoice. 602-C. Ultimate responsibility for the payment of connection fees shall be on the Property Owner of the premises served, whether or not the application is sought by a contractor, developer or others. All remedies for payment, including suit, liens and discontinuance of service may be utilized against said Property Owner. 602-D. All large size service connections shall include either a curb stop, gate valve, butterfly valve, or other type control valve as deemed appropriate by the Authority. ARTICLE 7 LINE EXTENSION RULE 701. Service is available only to prospective Property Owners fronting on an existing Highland-owned water line, which is sufficient in size and pressure to provide the level of service requested by the Customer. It shall be the Authority s sole decision as to whether an existing water line is capable of providing the intended service. If a property does not front on any such Highland-owned water line, the Customer requesting service must pay the cost for extending the Highland distribution system (water line) as provided for herein In determining the length of any extension to a bona fide Customer, the beginning point of such extension shall, in all cases, be at the location as determined by the Authority, and the terminal point shall be at a point perpendicular to and twenty feet (20 ) beyond the designated point of entry where the Water Service Line enters or is proposed to enter the structure, except that such terminal point shall not be located within the bounds of a driveway. In such cases the terminal point shall be extended beyond, to avoid ending within any driveway and aprons/approaches. In the event a prospective Customer changes the location of the point of entry for the proposed Service Line, or the location of the proposed structure intended to be serviced, the terminal point of the Water Line Extension shall be field adjusted by the Authority to a point which complies with these Rules and Regulations. The person requesting such water service shall grant unto the Authority a right-of-way with a minimum width of 10 feet within which the water line shall be installed. Said right-of-way shall be adjacent to the municipal or State or Federal road right of way for the entire frontage along any such roadway, notwithstanding that the required water line extension may be terminated within such right of way at a point shorter than the total length of the required right of way. 5

8 703. No extension to a distribution line will be made unless and until the applicant or applicants for such extension have entered into a written contract, which must be approved by the Authority. Such written contract may allow for the Customer to install the required line extension, as more fully described within the Agreement titled, A- AGREEMENT FOR CONTRACTORS, or may provide for the installation of said line extension by the Authority, with the costs borne by the Customer, as more fully described within the Agreement titled, A-AGREEMENT FOR INDIVIDUALS All water mains shall be buried to a depth such that the invert of the main shall be a minimum of five feet (5') below the finish grade. (The Authority reserves the right to determine the maximum allowable depth for water mains) All water line extensions shall be installed in the manner, and with materials, as noted in the SPECIFICATIONS FOR WATER LINE INSTALLATION, as from time to time may be amended. ARTICLE 8 SERVICE LINES 801. The Property Owner, or his designee or contractor, must connect to the service connection provided by the Authority and complete the Service Line installation into the building or structure requesting water service. The installation of the Service Line must be in conformance with the Authority s Rules and Regulations. The cost for such Service Line installation is the exclusive responsibility of the Property Owner All fittings and/or adapters required by the Property Owner, along with the actual physical connection thereof to the Authority s curb stop, shall be the exclusive responsibility of the Property Owner The Service Line shall be and shall remain the exclusive property of the Property Owner; and any maintenance, replacement, repair, upgrading, thawing etc. shall be the exclusive responsibility of the Property Owner No Service Line shall be within three feet of any open excavation or vault, unless such installation plan shall have been previously authorized and approved by the Authority, as evidenced by its written permission A unique water Service Line is required for each improved property or individual improved structure or building that is part of a larger deeded parcel, whether commonly owned or not. As such, the Service Line for each structure or building must connect to an Authority-owned water and a Service Line may not connect to the private Service Line of any other structure or property. Additionally, the Service Line for each improved property or structure shall not be installed across any other separate property (existing, proposed, or intended by subdivision or otherwise), owned by the applicant or a third party, which lies between the structure or building requiring service and a Highland-owned water line (See Line Extension Rule within Section 701 of these Regulations). The Authority may waive the requirements hereunder in writing on a case-by-case basis in extenuating circumstances. (Revised 3/7/16) 806. No Service Line shall occupy the same trench with any telephone, electric, cable TV wire, or any other facility, other than the sanitary sewer lateral serving the property. Where the water Service Line and sanitary sewer line do occupy the same trench, the installer must take measures to maintain a physical separation of at least l8 between those facilities All Service Lines and appurtenances must be constructed with the materials and in the manner approved by the Authority, as amended from time to time. Persons desiring to establish service should check with Authority prior to purchase of material for the current, approved materials (See Specifications for Water Service Installation) All Service Lines 2" and smaller shall be buried to a minimum depth of 4 ½ feet from finished grade to the top of the pipe, at time of installation. All Service Lines larger than 2" shall be buried to a minimum depth of 5 feet from finished grade to the invert of the pipe, at time of installation If a Property Owner wishes to replace his existing Service Line, the Property Owner must complete same, at their own cost, under the same terms and conditions in effect at that time governing new water Service Lines. 6

9 810. If a Property Owner wishes to relocate their existing Service Line, necessitating a relocation of the Authority s service connection, the Property Owner must pay in advance the appropriate Connection Fee as required for new service connections In all cases the new Service Line or replacement Service Line is permitted to service only a single Customer. No other property or user is permitted to connect to the Customer Service Line When a single structure is so constructed to allow for separate occupancy and possible separate ownership (such as a Duplex, Triplex, Townhouse, etc.) separate service connections and Service Lines will be required for each unit requiring water service. Waiver of this policy is at the sole discretion of the Authority Where a single structure is so constructed to allow for separate occupancy but the layout does not lend itself to possible separate ownership (such as a Commercial Office Building, Apartment Building, Retail/Commercial/Industrial Complex, etc.), the Authority may allow the installation of a single larger size Service Connection and Service Line. Said Service Line must enter the building in a specially-constructed "meter room" where individual control valves and meters will be located for each separate, prospective Customer. Each individual meter set-up will be in compliance with the Authority s Rules and Regulations, and each prospective Customer will be required to pay all applicable fees and charges and abide by these Rules and Regulations, as would a Customer supplied by a typical, single Service Line. The meter room shall be so constructed and locked so that access is gained via an outside door and access is limited to the landlord, Authority, and other utilities. The separate Customers must not be able to gain access to the meter room In cases where a single structure is so constructed to allow for separate occupancy, at the discretion of the Authority, a bulk meter may be installed. The minimum rate for water will be equal to the minimum unit rate times the number of units available for occupancy When more than one Customer is supplied through a single, common Service Line, due to a pre-existing condition, failure to pay a bill when due or any violation of these Rules and Regulations by any one Customer shall be deemed a violation by all those supplied through said common Service Line. Upon proper notice to all those Customers sharing the common Service Line, the Authority may discontinue water service until the Property Owners causing such violation have come back into compliance with the Authority s Rules and Regulations Any Property Owner who shares a common, single, private Service Line with another Property Owner may request the Authority provide a new, separate service connection. If the Property Owner making such request installs a new, separate Service Line (per Authority specifications) and upgrades his inside plumbing arrangement (as required of a new Property Owner), the Authority will provide the new, separate service connection free of charge All leaks in the Property Owner s Service Line shall be promptly repaired by the Property Owner. If the Authority becomes aware of any such leak, it will provide the Property Owner written notice to complete repairs within 10 days. If the Property Owner fails to make said repairs without good cause, the Authority will terminate service until the Property Owner has affected repairs. Service will be restored only after the Customer has paid the appropriate Turn-On Fee (See Rates and Fees). At the Authority s sole discretion, it may immediately terminate service if a leak on the Property Owner s Service Line is causing or has the potential to cause a traffic hazard or property damage The operation of the Authority s curb stop or valve by anyone, other than an employee or a designated representative of the Authority, is absolutely prohibited; unless approved by the Authority Any cost incurred by the Authority to repair or replace a curb stop or curb box damaged by the Occupant shall be charged to the Property Owner. 7

10 820. The Authority s curb box/lid must not be covered over (by sod, stone, pavement, concrete, etc.) or otherwise tampered with. Any cost incurred by the Authority in locating and/or making its curb box/lid accessible will be charged to the Property Owner. ARTICLE 9 SERVICE DISCONTINUANCE 901. Service, including fire protection service and any municipal use, may be discontinued after due notice by the Authority for any one of the following reasons: 901-A. For any misrepresentation in application. 901-B. For the use of water for any other property or purpose than that described in the application. 901-C. For tampering with any service pipe, meter, curb stop, meter seal, or any other appliance of the Authority. 901-D. For willful or careless waste of water by reason of improper, impaired or deteriorated piping, fixtures or otherwise. 901-E. For nonpayment of any account, fee or charge after expiration of the period allowed for payment. 901-F. In case of unreported vacancy of premises. In such case, the Customer will be responsible to notify the Authority. 901-G. For violation of the Rules and Regulations or policy of the Authority. 901-H. In the event of a serious water shortage, for whatever cause, the Authority, in its sole discretion, may terminate or curtail water service to any or all Customers or classes of Customers. It is the policy of the Authority to terminate or curtail water service in a manner such that residential users will be the last or least affected. 901-I. For failure to pay any bill rendered for sewage service, either that of the Authority or others providing sewage transportation and/or treatment services. 901-J. For the taking or accepting of water service at any location without the express, written permission of the Authority. If such taking or accepting is conducted at some location other than the Customer s primary residence or place of business, then the Authority may terminate service at the Customer s primary account until the unauthorized usage is stopped. 901-K. For failure to pay any Authority Invoice for goods and/or services as provided or rendered by the Authority to the Customer, regardless of the location where such goods or services were provided to said Customer. 901-L. For failure to allow Authority personnel access to the premises in order to obtain a meter reading, inspect the meter, inspect the structure plumbing or perform any other function provided for herein. 901-M. For failure to repair defects in the Property Owner s water piping system or sewer piping network As necessary in case of break or rupture of any main, service or water pipeline or in case of any emergency or other unavoidable cause, the Authority shall have the right to temporarily suspend the water supply in order to make necessary repairs, connections, or installations. However, the Authority will use all practicable and reasonable measures to afford advance notice of such interruption of service. The Authority will not be liable for any damage or inconvenience suffered by the Property Owner, Customer, or the Occupant(s) of premises supplied. Nor, in any case, will the Authority be liable for any claims against it at any time for interruption in service, inadequate or variable supply or pressure, or quality of water. 8

11 903. The Authority shall have the right to reserve a sufficient supply of water at all times in its reservoirs to provide for fire protection and other emergencies, and to restrict or regulate the quantity of water used at a Customer s premises in case of scarcity, or whenever the public welfare may require such action. ARTICLE 10 TEMPORARY USES This service contemplates the supply of water to Customers for hauling water for emergency uses, or for other temporary or special purposes. The supply will be offered, at the discretion of the Authority, at such locations or premises on the water system as may be most conveniently arranged by the Authority. Service may be either by meter measurement or by estimated quantity at the option of the Authority When temporary supply of water is measured by a fire hydrant meter, the fire hydrant meter must be rented from the Authority (See Rates and Fees). The amount of rental time must be projected and the rental fee paid when the meter is obtained from the Authority. After return of the meter, an invoice will be rendered showing the proper charge, as determined by the applicable Rate Schedule, for the quantity of water registered by the meter and, if applicable, showing additional rent due An applicant for temporary use is responsible to pay the total cost for work performed by the Authority to install and subsequently remove any facilities required to provide such temporary service, including all materials, contracted services, and overhead. Such facilities may include but are not limited to connections, Service Lines, meters, meter pits, appurtenances, etc The applicant requesting water service for other than a permanent installation must abide by all the same provisions of these Rules and Regulations, as does a typical Customer. During said period of interim use, the Customer agrees to pay for service in accordance with the rate schedule (See Rates and Fees). ARTICLE 11 METERS A new Service Line or a replacement Service Line must include an individual Meter which will service only a single Customer All meters will be furnished and installed by the Authority and shall remain the property of the Authority. The Authority will determine the type and size of the meter installed. The Actual Cost (parts + labor + overhead) of such installation shall be invoiced and is considered due and payable upon receipt. The meter shall be assessable to the Authority at all reasonable hours and shall be subject to its control exclusively. Nothing shall be built, constructed or placed in proximity to the meter which would hamper the Authority s ability to readily inspect, maintain or replace said meter The meter will be set after the Property Owner has prepared his plumbing to accept same, following the standards as required by the Authority. These standards may be changed from time to time. Prior to completing the plumbing requirements, a Property Owner must contact the Authority to determine those requirements in effect at the time (See Specifications for Water Service Installation) For new construction, meter registers are required to be connected to a meter transceiver unit (MXU), which transmits reading data via radio. The Authority reserves the right to approve the location of all meter sets, including the location of the associated Touch Pad or MXU Unit. Property Owners are advised to secure authorization of a proposed meter set location prior to preparing the necessary plumbing arrangement Any Customer who schedules a meter installation date/time must have all required plumbing completed prior to said date/time. If the Authority meter-installation personnel are unable to complete the scheduled work due to faulty or incomplete preparation of the Property Owner s plumbing, or if the Authority personnel are unable to gain access to the location, the Authority may charge a fee (See Rates and Fees) for each subsequent return visit needed to complete the meter installation. 9

12 1106. Upon installation, the Authority will "seal" the meter set to prevent tampering. Only the Authority is permitted to break the meter seal to facilitate repair or for replacement of a meter. Any broken or defective meter seal noticed by the Occupant must be promptly reported, by the Customer, to the Authority; and access provided during normal working hours for replacement. Any broken, cut, missing, or damaged seal discovered by the Authority will be attributed to the current Property Owner and considered a violation of these Rules and Regulations Those Property Owners whose premises require greater than 150' of Customer Service Line, from the Authority s curb stop to the premises, may be required to pay the added cost for a meter pit installation, as determined by the Authority. The meter pit will be furnished and installed by the Authority immediately downstream of the Authority s curb stop. Said meter pit will remain the property of the Authority, as are the other Authority-installed facilities comprising the service connection. The Actual Cost (parts + labor + overhead) of the meter pit shall be invoiced to the Property Owner, with invoice considered due and payable upon receipt In cases where it is not practical, as determined by the Authority, to install the meter within the Property Owner s building, the meter will be set in an approved meter box or pit. The cost for construction of said meter pit is the sole responsibility of the Property Owner. Construction of same may be by the Authority or, if approved, by the Property Owner. The pit must be of sufficient size to permit easy access and to allow for the installation, repair, removal, and maintenance of the meter and all related piping In the case of a meter larger than 2, which requires a meter pit, the minimum meter pit shall include a "Bilco" type access hatch, steps, 6½ of headroom, floor drain, adequate inside dimensions for primary and by-pass plumbing, and insulation as needed to prevent freezing of the meter. All costs associated with installing the meter (piping, valving, wiring, labor, etc.), in addition to the costs of constructing the meter pit, will be charged to the Property Owner. The Authority assumes ownership of all facilities within such pit, and the pit itself, and will maintain same. The Property Owner is responsible for maintaining all facilities beyond (downstream) the outside wall of the Authority s meter pit The requirement of a meter pit may be waived, solely at the discretion of the Authority, if the Authority is satisfied with the location, installation, backfill, and integrity of the Customer Service Line A second or "deduction" meter may be requested by a Customer to meter that amount of water that does not eventually discharge into the Authority s sewer system. After the Authority has approved the Customer s request and the location of said deduction meter, the Customer is required to complete the necessary plumbing arrangements; and the applicable water application must be completed. Typical uses of a deduction meter are filling or refilling swimming pools, watering lawns, washing cars, etc. Water used through a deduction meter will be deducted from the total water as registered by the primary meter. The amount registered by the deduction meter will be charged only according to the water rate schedule. The balance, less the deducted gallonage, registered by the primary meter will be charged according to both the water rate and sewer rate schedules As with the primary meter, all deduction meters are the property of the Authority All newly-requested deduction meters will be radio read meters, with registers connected to a meter transceiver unit (MXU), to be installed at the expense of the Customer. Where a deduction meter is being installed and the main meter is a touch pad meter, the main, touch pad meter will be upgraded to a radio read meter at the expense of the Authority A Customer who chooses not to install a deduction meter, to meter that amount of water that does not eventually discharge into the Authority s sewer system, may be afforded a credit for sewer charges on the initial fillup of a newly-constructed swimming pool or at any time a pool liner is replaced. The amount of the credit will be determined solely by the Authority. (Revised ) 10

13 1115. Meters will be maintained by the Authority so far as ordinary wear and tear are concerned. The Property Owner shall pay for loss or damage due to freezing, hot water or external causes. Where hot water or heating systems or boilers are so constructed that there is a possibility of hot water being forced back though the meter, the Property Owner shall protect the meter by installing a check valve or backflow preventer on the outlet side of the meter and shall, for their own protection, insert a safety valve in connection with the hot water or heating system. The Authority will not be liable for any damage due to the failure of the Property Owner s safety valve or check valve, or lack thereof The charge for the replacement or repair of any damaged meter due to the negligence of the Occupant, including their failure to prevent freezing, shall be paid by the Property Owner When a property changes ownership it is a condition of receiving service that the new owner must bring the plumbing into compliance with the same standards as required for new installations. At a minimum, all such plumbing must include a properly operating shut off valve, pressure reducing valve, proper connections and spacing to receive a meter, and a check valve or backflow preventer. Failure to do so will result in termination of service until the Property Owner has brought said plumbing into compliance The quantity of water registered by the meter shall be conclusive for both the Occupant and the Authority unless the meter shall be found to have registered inaccurately or has ceased to register, whereupon the quantity may be determined by the average registration of the meter when in proper working order If at any time a Customer questions the accuracy of the meter, upon their request and accompanied by payment of the appropriate fee (See Rates and Fees), the Authority will have the meter tested and adjust the matter accordingly if the test proves the meter to have been operating outside of permissible limits If the meter so tested shall be found to be accurate to within 4% (high or low), the Customer s advance payment for the meter test will be retained by the Authority and the bill(s) in question considered accurate and due and payable. If the meter shall be found to be registering over 4% from actual, the advance payment will be refunded and the account corrected and reduced by the percentage difference between the test result percentage and 4%. In no case will correction of billing be for greater than two months prior to the time of the meter test, unless the Authority is satisfied that the inaccuracy has been of longer duration The Authority has meters installed on Truck Fill Lines at each Volunteer Fire Department, to measure and track the amount of water used for such purpose, but does not charge for such water. As such, the use of water for any other purpose than that stated is strictly prohibited and constitutes a Theft of Service. ARTICLE 12 FIRE PROTECTION Fire Protection Public 1201-A. Upon the written request of a duly-authorized representative of any municipality within the Authority service area, the Authority will investigate the possibility of setting a public fire hydrant at the location as requested by the municipality. The Authority will determine if the existing pressure and flow available at the location will allow for any such proposed fire hydrant to produce the minimum flow requirements acceptable to the Authority (Minimum of 500 psi residual pressure) B. If it is determined that a line extension and/or an additional pumping facility is needed, the cost of the same shall be borne by the municipality C. Assuming that the location of a requested Public Fire Hydrant has been deemed acceptable by the Authority, the Authority will complete the installation of said hydrant and bill the municipality for all materials and subcontracted services. The Authority will absorb all in-house Labor and Equipment costs. 11

14 1201-D. All public fire hydrants will remain the property of the Authority and will be maintained by the Authority. The annual service rate for each hydrant (See Rates and Fees) will be prorated and charged monthly to the municipality in which the hydrant is located E. No person, except those authorized by the Authority, shall take water from any fire hydrant, except for fire fighting purposes. No fire hydrant shall be used for sprinkling streets, flushing sewers or gutters, or for any other purpose, except with the approval and written consent of the Authority F. When any municipality requests a change in the location or position of an existing hydrant, the Authority will perform such change only if the relocated hydrant will meet the same minimum requirements, with respect to pressure and flow, as those of a new hydrant installation. All costs (labor, materials, subcontracting, overhead) incurred to perform the requested relocation will be charged to the municipality requesting it. The municipality agrees, when requesting such a change, not to hold the Authority responsible for consequences resulting from said change G. Upon request of any duly-authorized municipal official, the Authority will make an inspection at a convenient time and will determine the operating condition of any fire hydrant (or hydrants). Such inspections shall be made accompanied by a representative of the municipality H Public fire hydrants will be checked at least once each year for proper operation I. Any municipality, company, firm, or individual that damages a fire hydrant will be charged the total cost incurred by the Authority to repair or replace the damaged hydrant Fire Protection Private 1202-A. Upon receipt of a written request for a private fire hydrant, the Authority shall conduct a study to determine if existing water lines and pressures are adequate to service a private fire hydrant at the location requested B. No Property Owner may cause or permit the installation of any private fire hydrant on any water Service Line under their ownership or control without having first secured authorization from the Authority C. No cross connection or tap for use, other than fire protection, shall be made in the piping of a private fire protection Service Line on the premises or within a building; and no water shall be used through a private fire Service Line except for the purpose of fire extinguishment D. All private fire hydrants shall conform to the type and manufacture of public fire protection, as installed by the Authority, in that area E. The annual service rate for each private fire hydrant (See Rates and Fees) will be prorated and charged monthly F. Maintenance, repair and replacement of any private fire hydrant is the sole responsibility of the Property Owner G. Each private fire protection Service Line serving a fire sprinkler system will be charged an annual service fee determined by the size (diameter) of the Authority s connection (See Rates and Fees). This annual service fee will be prorated and charged monthly H. Flow testing of a private fire protection system (hydrants, sprinklers) must be performed only upon approval of the Authority. The Authority reserves the right to dictate the date and time that such testing may be performed, as said testing may cause disruption to the Authority s supply system. Additionally, the Property Owner is responsible for all costs incurred by Highland (newspaper notices, manpower, etc.) in adequately safeguarding its operations and system during such testing. 12

15 1203. Fire Protection Multi-Unit Residential Buildings (Added ) 1203-A. In order to comply with the Pennsylvania Construction Code /UCC/ICC, all newly-constructed Multi-Unit Residential Buildings, incorporating three or more units, are required to have an Automatic Fire Protection Sprinkler System B. Those buildings constructed as row houses, where each unit is separately metered, are required to have a combination Domestic/Fire Protection Service Line provided to each unit separately, just as is required for a Single- Family Home C. Those Multi-Unit Residential Buildings constructed in an apartment building style, where a single, largesized Water Service supplies the Domestic Service, will be permitted to provide Private Fire Protection in a manner similar to the installation for Commercial and Industrial Buildings. In such buildings, a single, large-sized Fire Protection Line should enter the building and branch off to supply the individual Automatic Residential Fire Sprinkler System to each unit. The cost for the required Water Connection, as well as the monthly cost for service shall be in accordance with the Authority requirements for Private Fire Protection installed in Commercial and Industrial Buildings (see Rates and Fees) Fire Protection Single-Family and Two-Family Residential Buildings (Added ) 1204-A. It shall be at the Property Owner s sole discretion, after having been apprised of the possible options by his builder, as provided for in the Pennsylvania Construction Code, whether or not to opt for the installation of an Automatic Residential Fire Sprinkler System within a proposed new dwelling B. Those Property Owners opting to install an Automatic Residential Fire Sprinkler System shall be governed by the following provisions and requirements: 1204-B-1. The Property Owner must submit a site plan, prepared by a professional Automatic Fire Sprinkler System designer, showing the size of the Water Service Line required to service the structure and the size of the Service Connection requested of the Authority B-2. Prior to the Authority s installation of the requested Water Connection, the Property Owner must sign a copy of the Release Agreement (see Release, Indemnification and Hold Harmless Agreement). The Agreement will be recorded, with the cost to record being incorporated into the Water Connection Fee B-3. After the Property Owner has completed the required application form (See Application and Agreement for Water Service), paid the appropriate Connection and Capacity Fees (See Rates and Fees) and signed the Release, Indemnification and Hold Harmless Agreement, the Authority will schedule the installation of the requested ¾, 1 or 2 Water Connection B-4. It shall be the Property Owner s responsibility to connect to the Authority-provided Water Connection and install a single, combination Water Service Line, as sized by his professional designer and in accordance with Authority Specifications B-5. The combination Water Service Line shall enter the structure and immediately be split into two branches. One branch, designated for typical Domestic Usage, shall be plumbed with the fixtures and appurtenances required by the Authority for normal residential meter setting. The other branch shall be designated for the Automatic Sprinkler System and shall be plumbed in accordance with the Pennsylvania Building Code/UCC/ICC B-6. The Property Owner is responsible for installing and maintaining any storage and/or pumping facilities necessary for the pressure and flow requirements of the Automatic Residential Fire Sprinkler System exceeding the available Capacity of the Highland Water System at the building site. 13

16 1204-B-7. The Authority will not review the design, inspect the installation nor be responsible for any maintenance on the Automatic Residential Fire Sprinkler System B-8. No anti-freeze is permitted in any part of the Automatic Residential Fire Sprinkler System B-9. The Authority charges no monthly or yearly fees related to the Automatic Residential Fire Sprinkler System. ARTICLE 13 LIABILITY FOR SERVICE It shall be expressly understood and agreed, by and between the Customer receiving service and the Authority, that the Authority does not assume any liability as insurers of property or persons; and that the agreement does not contemplate any special services, pressure, capacity, or facility, other than the ordinary or the changing conditions of the water supply system of the Authority, as the same exists from day to day. The Authority hereby declares that, by acceptance of service, the Customer agrees that the Authority shall be free and exempt from any and all claims for injury or damage to persons or property on the Customer s premises or to any person or property, by reason of fire, water, or failure of water supply pressure or capacity. ARTICLE 14 BILLS AND PAYMENT Bills as rendered for any indicated period of service special, monthly or quarterly will show the proper charge, as determined by the applicable Rate Schedule, the amount of any abatement or deduction allowed, any fee or additional charge due and any payment under the Rules and Regulations. Bills shall be considered as duly rendered when delivered at, or mailed to, the recorded address of the Customer as provided by him for that purpose; or, otherwise, to the premises serviced. Non-receipt of a bill shall never constitute a waiver thereof. The Authority will, upon request, issue a facsimile bill to Customers with lost or misplaced bills; but no claim for exemption from assessment charge for delayed payment will be entertained or allowed for any reason whatsoever. Bills are prepared and mailed at approximately the same time each month. Any Customer who fails to receive a bill during any month, or who misplaces or loses said bill is required to contact the Authority office to ascertain the amount of that month s bill. Payment of all bills must be received at the Authority office on or before the date specified. Those received later will be subject to the appropriate late charges, which will be applied with the following month s billing In case the Authority has been unable for any reason to obtain the meter reading at the regular reading period, the Authority reserves the right to regularly bill the Customer for an estimated consumption so noted on the bill. This estimated consumption shall be deducted from the recorded consumption at the subsequent meter reading period, and the bill for the subsequent period shall be rendered accordingly If the Authority has been unable to obtain an actual meter reading during any six (6) month period, water service may be discontinued, after proper notice, until the property Occupant provides access for Authority personnel to obtain said meter reading Bills for service to the Commonwealth of Pennsylvania and Federal and local agencies or institutions thereof, will be net rate if paid within thirty (30) days of the date of the bill Payment for special or temporary use shall be payable upon receipt of invoice Any invoice for repairs or replacement of any Authority-owned facility damaged by any Occupant will be due ten (10) days after presentation of the invoice. Failure to pay said invoice within the allotted time may result in termination of service until payment has been rendered. When appropriate, invoices for such repairs or replacement shall be rendered in the name of the Property Owner and mailed to the address of the Customer of record. 14

17 1407. Any Customer who re-enters the service area and who owes an unpaid previous balance from water and/or sewer service to the Authority, must pay the outstanding balance (and any late fees or surcharges) in full before service will be initiated A service charge (See Rates and Fees) will be imposed for each check returned unpaid. This fee may be waived, at the discretion of the Authority, when extenuating circumstances exist If payment of a bill for water and/or sewer service is not received by the due date of the following month s bill, a termination-of-service notice will be issued by the Authority, with a termination date to be no less than ten days after the date of notice. The Authority may discontinue the supply of water to the premises, any time after the termination date, until all proper charges are paid. Such action by the Authority does not preclude or stay collection of the charges by process of law By agreement with the Greater Johnstown Redevelopment Authority and the Forest Hills Municipal Authority, the Authority may discontinue the supply of water to a Customer for unpaid Sewage Treatment charges to the aforementioned Treatment Facilities. Water service will be re-established upon notice from the Greater Johnstown Redevelopment Authority or Forest Hills Municipal Authority that all proper charges for Sewage Treatment, and any appropriate late charges have been paid. ARTICLE 15 GENERAL When vacating a premises, the Customer shall notify the Authority at least one business day in advance of the date to shut off water. In such case, the meter will be read during normal business hours, the bill will be rendered accordingly and the account will be closed as of that date. At the option of the Authority when shutting off water, the meter may be removed Customers using water for steam generation are warned not to depend upon the hydraulic or hydrostatic pressure of the Authority s water supply system for supplying such boilers. The Authority will not be responsible for any accident or damage to steam and hot water heating plants. Hot water generators and storage tanks shall in all cases be provided with check valves and other proper devises in the water supply piping to prevent damage or collapse if the water supply should be shut off or should fail for any reason. The Authority in no case will be responsible for accident or damage resulting from imperfect installation or action of such devises or from the omissions of such installations A fee (See Rates and Fees), payable in advance, shall be charged for restoring water service when such service has been terminated as a result of violation of the Rules and Regulations of the Authority Complaints with regard to the character of the service furnished or the reading of meters, or of the bills rendered, must be made at the Authority office in writing; and a record of such complaint will be kept by the Authority, giving the name and address of the complainant, the date, the nature and the disposition of the complaint Any authorized employee of the Authority, upon the presentation of credentials, shall have reasonable access to any premises supplied with water for the purpose of reading meters, making inspections, or securing such other information as may be deemed necessary for the purpose and efficient conduct of the business of the Authority No interconnection is permitted on the Property Owner s maintained piping between the Authority-provided water supply and any other source of supply, including but not limited to private/public wells or cisterns. Any Property Owner utilizing a private water source to partially provide for water use must do so through a piping system entirely separate from the system furnished with water from the Authority. A physical separation (air gap) must exist between the two systems. 15

18 1507. Residential Customers serviced via a Meter Pit will be afforded a one-time credit for leaks on the Customer Service Line, provided such leak occurred underground and was unnoticeable. (No credit will be issued for leaks occurring on inside plumbing, nor where an outside leak was readily noticeable). The amount of the credit will be determined solely by the Authority. The Authority shall maintain a listing of the properties that have received such one-time credit and no further credit(s) will be issued regardless of whether the current Customer is the one who benefited by the credit Any Contractor or Subcontractor employed by the Authority must provide the Authority with copies of Certificates of Insurance for; General Liability, Workman s Compensation and Vehicles All sales of real property owned by the Authority, wherein the property has a fair market value in excess of $1, Dollars, or wherein more than one prospective purchaser has expressed a bona fide desire to purchase said real property within a two (2) year period, shall be made to the highest bidder after due notice by advertisement in one newspaper of general circulation in Cambria County. Said advertisement shall be published once, not less than ten (10) days prior to the date fixed for opening bids, which date shall appear in said advertisement. The foregoing presupposes that the Authority has determined to sell the real property in question and that said sale is otherwise proper under law and the outstanding Trust Indenture of the Authority. ARTICLE 16 EMERGENCY INTERCONNECTIONS (Added ) Any Public Water Supply System (Applicant) wishing to apply for an emergency interconnection with the Highland Water System for the purpose of a stand-by supply of water during emergency situations on the Applicant s system must inform Highland of its requested pressure, flow and quantities of water desired and the intended point of interconnection. Said Applicant shall be responsible for the cost incurred by Highland to determine the feasibility of supplying the requested interconnection In those cases where Highland has determined its system is capable of supplying the requested rates of flow and flow quantities, Highland shall install a new tap and meter pit (or refurbish any such existing meter pit) with the requesting system paying all the costs incurred by Highland to provide said tap and meter pit. Any such installation shall include a valve on the downstream side of the meter pit, which said valve shall be considered the property of the Applicant and said valve used to turn the water off/on to the Applicant s system Once energized, the meter pit will remain on and will be on stand-by mode, ready and able to promptly supply the emergency supply of water. There will be a monthly charge billed to the requesting system just as there would for a full time customer. The monthly charge will be based on the size of the water meter and in accordance with the Authority s Rate Schedule. For any month(s) when water is used by the Applicant s system the water bill will be based on the gallonage recorded by the meter, in accordance with the Authority s Rate Schedule Prior to withdrawing any water from the Highland system the Applicant must first receive approval from Highland. The only valve to be operated by the requesting system, to turn water on/off, shall be that as described in paragraph1602. The Applicant is not permitted to access the Highland meter pit The premise of emergency interconnection is that it is to be used infrequently and only in response to unforeseen problems. If any such interconnected water system shows a pattern of using water on a repetitive or recurring basis, as a means to supplement its own supplies, then Highland may impose its typical EDU Capacity Fees as more fully described in Article 5 of the Rules of Regulations. 16

19 ARTICLE 17 ENFORCEMENT Any violation of these Rules and Regulations is hereby declared to be a summary offense in accordance with Section 5607 (d) 17 of the Municipality Authorities Act, as amended, and shall be punishable by a fine of up to Three Hundred Dollars ($300.00) for each offense. Each and every day that a violation of these Rules and Regulations exists shall constitute a separate and distinct offense These Rules and Regulations may also be enforced by the Authority in an action in equity brought in the Court of Common Pleas of Cambria County, Pennsylvania The Authority may discontinue Water and/or Sanitary Sewer Service, in its sole discretion, for any violation of these Rules and Regulations. The cost of terminating said service, and the restoration thereof, shall be that of the Customer receiving the service which was disconnected and/or restored. (Revised ) THE FOLLOWING DOCUMENTS AND RATE AND FEE SCHEDULES ATTACHED HERETO ARE CONSIDERED TO BE A PART OF THESE RULES AND REGULATIONS. 17

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