Part 1
Water Service

§26-101 Definitions.

For the purposes of this Part, the following words, terms and phrases shall have the meanings herein indicated:

Applicant–a person who applies for water service at a premises.

Authority–the Selinsgrove Municipal Authority, a Pennsylvania municipal authority.

Authority’s service line–the water service pipe and appurtenances extending from the Authority’s main, including the tee or tap in the main, the lateral pipe to a point at or near the property line, the curb stop or service valve and the curb box or valve box.

Borough–the Borough of Selinsgrove, Snyder County, a Pennsylvania municipal corporation.

Commercial water hauler–a person delivering the Borough’s water supply to retail customers.

Contractor–a builder or other person who uses water on a temporary basis for construction purposes.

Cross-connection–any connection, direct or indirect, that physically joins a customer’s service line, or any piping extension thereof, to a non-potable source of water or to a water system other than that of the Borough.

Curb or curbline–the curb stop or service valve of the service connection to the customer.

Customer–the person who contracts for a supply of water from the Borough or receives a supply of water through a meter or is a user of water or is on the flat-rate schedule under this Part.

Customer’s service line–that part of the water service pipe extending from the Authority’s service line to the premises, except the water meter, which shall at all times remain the property of the Borough and/or the Authority.

Home occupation–the same definition as the term “home occupation” is defined in the Zoning Ordinance of the Borough of Selinsgrove [Chapter 27], as amended from time to time hereafter.

Main extension–water service requiring the construction of one or more additional water mains.

Meter–a device for measuring the quantity of water used, which is a basis for determining charges for water service to a customer.

Owner–the person in whose name the deed for a property that is receiving water is recorded or designated.

Person–an individual, partnership, company, corporation, association, corporate political body, joint ownership or any other entity capable of functioning in the context used herein.

Premises–the property, building or other site to which water service is furnished, including but not limited to:

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

(2)    Each combination of buildings owned or leased by one person, served by one service line and occupied by one family or business.

(3)    Each side of a double house or each housing unit.

(4)    Each individual apartment, condominium, townhouse, office or suite of offices located in a building having several such apartments, condominiums, townhouses, offices or suites of offices, using in common one or more means of entrance.

(5)    Such other situations as the Borough shall deem proper and advisable by resolution of Borough Council.

Standby service–water service intended to supplement service provided from a source of supply other than that of the Borough.

Tenant–a person who leases or rents premises or a part thereof from an owner.

Township–any of the townships (Pennsylvania municipal corporations) of Snyder County in which the Borough provides water service.

Water service–provision by the Borough of water as a commodity, of readiness to serve water for any purpose and of any services related thereto.

Water system–the Borough’s water supply and distribution facilities, taken as a whole or as any portion thereof.

(Ord. 607, 8/6/1990, §136-1)

§26-102 Rules and Regulations.

The Borough hereby adopts the following rules and regulations, adopted by the Selinsgrove Municipal Authority in its said resolution, as the rules and regulations of the Borough for the purpose of operating the water system as lessee under the lease dated November 1, 1958:

A.    Posting a Tariff.

(1)    Copies of the schedule of water rates and charges established by the Authority and of the rules and regulations governing the supply of water service are open to inspection at the Municipal Building, 1 North High Street, Selinsgrove, Pennsylvania.

(2)    These rules and regulations, which have been adopted by the Authority and the Borough, shall constitute part of the contract with every customer that takes water service. Every such customer, by taking of the water service, agrees to be bound thereby.

(3)    These rules and regulations are not intended to conflict with any State or Federal legislation. Any provisions that are found to be in direct conflict with such legislation shall be null and void.

(Ord. 607, 8/6/1990, §136-2)

§26-103 Enforcement.

These rules and regulations shall become effective upon enactment of this Part and shall apply to all properties now or hereafter connected to the water system. All prior Authority rules, regulations and resolutions adopted by the Borough and not consistent herewith are hereby repealed; provided, however, that all rights accrued and moneys due the Authority and Borough under any such rules, regulations and resolutions are preserved to the Authority and Borough. The Authority and the Borough reserve the right to amend these rules and regulations and the schedule of charges in such manner and at such times as, in their opinion, may be advisable.

(Ord. 607, 8/6/1990, §136-3)

§26-104 Applications.

1.    Service Connections.

A.    Any owner desiring the introduction or alteration of a service line or lines from the Borough’s main to his (or her) premises must first make written application on the form, furnished by the Borough therefore, at least 7 days before service is requested to commence, stating the street and lot number, apartment or unit number or location, the name of the owner of the premises and the purpose for which service will be used. The application shall state the time when the trench from the curb box or valve box to the property will be ready for making the connection.

B.    The application must be signed by the owner or duly authorized agent, which application shall, together with these rules and regulations regulate and control water service to the premises. The owner shall guarantee continuous service for at least 1 year. The application shall be binding upon the heirs and assigns of the owner.

C.    Any applicant desiring standby service shall so state on the application form.

D.    The application shall not be approved until the Borough receives full payment of all applicable service connection charges, tapping fees and other charges as duly adopted by the Borough or collected on behalf of the Authority.

E.    A new application shall be submitted to the Borough for approval upon any change in property ownership.

F.    A tenant may not make application for a water service connection.

G.    The Borough may, at its option, waive the application requirement, except for the certification required in paragraph .H of this Section. [Ord. 622]

H.    Lead-free materials to be used.

(1)    No person shall use or authorize another to use any pipe, pipe fitting, solder or flux that is not lead-free in the construction, modification or repair of any plumbing system of the Borough. This provision shall not apply to plumbing systems in existence before January 6, 1991, but shall apply to modifications and repairs of such systems after that date.

(2)    A person requesting or applying for connection to the water system shall certify to the Borough that the materials used in the construction of the plumbing system to be connected are lead-free.

(3)    The Borough shall refuse connection to the water system to any person who is in violation of subparagraph (1) or (2).

(4)    The terms “plumbing system” and “lead-free” shall have the meanings given in the Plumbing System Lead Ban and Notification Act, 35 P.S. §723.1 et seq.

[Ord. 622]

2.    Water Service.

A.    Every customer desiring water service shall submit a signed application for approval, on the form furnished by the Borough, at least 1 working day before service is required. If approved by the Borough, water will be supplied in conformity with the class, scope and type of service appertaining to the customer’s premises, as set forth in the application, and only at the rate schedule applicable thereunto. The customer’s application for service, duly approved by the Borough, together with these rules and regulations, constitutes the contract between the customer and the Borough; nevertheless, the acceptance and use of water service at any premises by an occupant, without formal application therefore, obligates the occupant as the contractual party, and the occupant is bound thereby as the customer.

B.    When application is made by someone other than the owner, the owner shall cosign the application and shall guarantee payment for water service.

C.    The fact that an application may not exist or may not be signed by the owner shall not relieve the owner of responsibility for ultimate payment of all water service bills related to a premises.

D.    A new water service application must be submitted to the Borough whenever there is a change of tenant or owner. The Borough, upon 5 days notice, may discontinue water service until such new application has been made and approved.

E.    All contracts for water service shall continue in force from month to month, but either party may cancel the contract by giving 10 days written notice.

F.    In all installations or replacement of service lines, separate water service applications shall be made for:

(1)    Each building under one roof, owned by one party and occupied as one residence or business.

(2)    Each combination of buildings in one common enclosure, owned by one party and occupied by one family or business.

(3)    Each side of a double house having a solid vertical partition wall.

(4)    Each side or part of a house occupied by one family or business, even though the kitchen, bath or other fixtures are used in common.

(5)    Each apartment, business establishment, office or suite of offices located in a building having several such apartments, business establishments, offices, suites of offices or combinations thereof.

(6)    Each fire service connection, whether public or private.

(7)    Such other cases as the Borough shall deem proper and advisable.

3.    Deposits.

A.    Deposits may be required from customers taking service for a period of fewer than 30 days in an amount equal to the estimated gross bill for the period. The Borough reserves the right at any time to require a deposit from any regular service customer in an amount equal to the estimated charges for any single billing period, not exceeding 3 months, plus 1 month, as security for payment of service bills as accrued, whenever the credit of the customer has not been established or thereafter properly maintained.

B.    Deposits shall be returned only to the depositor when he has paid service bills for a period of 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.

C.    No interest shall be paid on deposits.

D.    Any customer having made a deposit shall pay bills for water service rendered, in accordance with these rules and regulations, in a timely fashion. The deposit shall not be considered as payment for normal water service.

(Ord. 607, 8/6/1990, §136-4; as amended by Ord. 622, 5/4/1992, §3(a))

§26-105 Capital Charges.

1.    Any owner of a property who connects that property to the water system, changes the type of use of the property previously connected to the water system or connects one or more new uses of the types referred to below in this Section through an existing connection, regardless of whether such property is connected separately through one or more existing or new waterlines or water connections installed by the Borough of Selinsgrove or by any person other than the Borough of Selinsgrove, shall pay the following charges and fees:

Fee Component	Fee
Connection fee	The actual cost of installing the water connection from the water main to and including the curb stop shall be paid by the property owner.
Customer facilities fee	The Borough shall charge the property owner or developer for any and all expenses it may incur in connection with the property owner’s or developer’s installation of a waterline or lines from the curb stop to the dwelling or other structure, including but not limited to review of plans, drawings, specifications and permit applications; meters; construction inspection and testing; Borough administrative expenses, legal and engineering services; and other expenses related to the connection.
Tapping fee
Capacity part connection	As set forth in §26-114 per service size of the connection.
Distribution part connection	As set forth in §26-114 per service size of the connection.
Special purpose part	Calculated on the basis of actual costs.
Reimbursement part	Calculated on the basis of actual costs.

2.    Where any building connected to the water system is to be converted, enlarged or remodeled or additional buildings are constructed on a property and connected directly through a new line, the owner of the property so improved shall pay an additional tapping fee as provided for in subsection .1 above for each such connection. Indirect connections through an existing line shall not be permitted.

3.    The fees imposed hereunder with respect to property connected shall be in addition to any rental or other charges fixed, charged or imposed by the Borough by reason of the use, or availability for use, of the water system by such property.

(Ord. 607, 8/6/1990, §136-4.1; as added by Ord. 662, 7/7/1997, §3(a); and amended by Ord. 663, 8/4/1997, §6(a))

§26-106 Conditions of Installation and Use.

1.    Written permit for customer to supply persons or families. No customer or any premises receiving water service shall supply water to other persons or other premises except by written permit of the Borough. Customers who violate this rule shall have their water service discontinued 5 days after receipt of written notice of the violation, and it shall remain so until such time as they have complied with all applicable rules and regulations.

2.    Authority’s Service Lines.

A.    Upon approval of the water service and service connection applications and payment of all applicable charges, the Borough shall install its service line. The Borough shall make all connections to its mains and furnish and install all service lines from the main to and including the curb box and cock, which shall be placed inside the curbline, for a fee which will equal the actual costs to the Borough.

B.    Separate service lines shall be installed for normal domestic water service and fire-protection service unless a combined service line is approved by the Borough.

C.    The location of the service line shall be designated by the Borough.

D.    No other utility line shall be within 4 feet of the service line trench unless previous written approval is secured from the Borough.

E.    If the Borough permits the water service line to be placed in the same trench with a building drain or building sewer, the following conditions shall be met:

(1)    The bottom of the water service line shall be at least 18 inches above the top of the sewer line at all points.

(2)    The water service line shall be placed on a solid shelf excavated at one side of the common trench.

F.    When a customer desires a change in location or size of an existing service line, the customer shall bear the entire cost of the change.

G.    All of the service lines shall be and remain the property of the Authority and under the control of the Borough. No service connections shall be installed during the period that street openings are prohibited by Borough regulations or at any time when, in the judgment of the Borough, working conditions are unfavorable for installation either by reason of weather, temperature, conditions of soil or otherwise. The Borough shall be responsible for the maintenance and repairs of the service line between the main and the curbline.

H.    The Borough’s service lines shall not be installed on private property unless the customer provides a duly recorded written easement granting permission for the Borough to install and maintain the service line on said private property.

I.    The Borough reserves the right to construct its service line after the customer’s service line is installed to the Borough’s satisfaction.

J.    When it is necessary to renew an existing service line from the street main to the curb, the Borough will renew said service line of the same size in the same location as the old one; but if the applicant, for its own convenience, desires the new service line at some other location and agrees to pay all expenses of cutting off the old service line at the main, the Borough will lay the new service line at the location desired.

3.    Customer’s Service Lines.

A.    The customer’s service line beyond the Borough’s service line shall be installed and maintained by the customer at the customer’s expense.

B.    The size of the service line shall be established by the customer and shall be subject to Borough or Authority review and comment. However, the Borough and the authority shall assume no responsibility for adequacy of service line size.

C.    The customer’s service line shall be installed as a continuous length of pipe and shall meet Borough specifications.

D.    The customer’s service line shall be laid with not less than 4.0 feet of cover below finished grade.

E.    The customer’s service line trench shall not be backfilled until the Borough’s service line is installed and both service lines are tested. If any defects are found in the customer’s service line, water service shall not be furnished until such defects are remedied.

F.    A separate brass stop and waste cock of an approved pattern, with drain, shall be installed by the customer at a point easily accessible to the occupant at all times, for protection against leaks and freezing in piping of the premises and to facilitate repairs thereto.

G.    The Borough shall furnish and install an approved meter setting device at a location approved by the Borough. The applicant shall furnish and install a stop or valve immediately before and after the meter to prevent plumbing drainage when the meter is removed.

H.    If service line pressure is deemed excessive by either the Borough, applicant or customer, it shall be the customer’s responsibility to install a pressure regulator at his expense.

I.    Although service line pressure may be undesirably low, the Borough shall be under no obligation to increase pressure by pumping or other means.

J.    All leaks in the customer’s service lines shall be promptly repaired by the customer. Upon failure to make repairs with reasonable dispatch after due notice, the Borough may discontinue water service, which service shall not be restored until all proper and necessary expenses incurred by the Borough in the discontinuance and restoration of water service to the premises involved shall have been paid to the Borough by the offending customer.

K.    The customer shall pay all costs for relocating or changing his service line.

L.    Installation of all new or replaced customer service lines shall be subject to Borough inspection and approval.

M.    If the Borough is required to renew its water service line and the customer’s service line does not meet the Borough specifications, the Borough may issue notice to the customer to renew his service line at the customer’s expense, coincident with the Borough’s renewal.

N.    Under no circumstances shall the Borough or the Authority be responsible for maintenance of the service lines or any piping or fixture on the premises supplied, other than the Authority’s own specific property, or for damage caused by water escaping therefrom; and the customer shall invariably comply with State and Borough regulations with reference thereto and shall make any changes therein necessitated by reason of change of grade in a street or sidewalk, relocation of the distribution main or otherwise.

4.    Opening and Closing Valves and Stop Cocks. The operation of a service stop or valve is absolutely prohibited by anyone other than an employee of the Borough in the regular line of duty, except that a regularly licensed plumber may be permitted to operate the same when necessary in conjunction with his proper work on the relevant premises, but he shall invariably leave the stop or valve in the same position as found.

5.    Two or More Customers on Same Service.

A.    Each customer will be supplied through a separate metered service connection unless the Borough, in its absolute discretion, grants an exception.

B.    No owner of any premises shall furnish Borough water to other persons or premises without written Borough approval.

C.    Where two or more customers are supplied from the same service line, a separate service valve and valve box shall be provided for each customer.

D.    When two or more customers are supplied from the same service line, any violation of these rules and regulations by any of said customers shall be deemed a violation by all, and the Borough may take action against the group of customers as if the group was a single customer. However, such action shall not be taken until an innocent customer is given a reasonable opportunity to install a separate connection.

E.    Where the premises are used both as a place of business and as a residence, charges shall be imposed separately for both customer units, with the exception of those premises containing only one residence and one home occupation. Both charges shall apply even though no separate service valve or valve box is provided for each customer unit.

F.    Any multi-family dwelling or two-family dwelling which is in one ownership at the date of adoption of this amendment and which has separate meters for some or all dwelling units within the structure may not be converted to single-customer status by the removal of water meters from the dwelling units within the structure.

6.    Temporary Uses.

A.    Water service may be provided on a temporary basis, for a period not to exceed 6 months, 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 Borough.

B.    Applicants for temporary use of water shall submit a written application to the Borough for approval. The applicant shall pay the temporary use fee provided herein for each period of 90 days.

C.    All costs for installation and dismantling Borough service connections shall be paid for by the applicant.

D.    Temporary water service may be metered, at the option of the Borough. The Borough shall install and remove the meter, and all costs shall be paid by the applicant.

E.    If water is used where a meter is not installed, the Borough shall charge for water service, from the date of initial use to the date of meter installation or termination of use, based on the Schedule of Water Rates and Charges.

7.    Non-permissible Connections. The following connections are prohibited:

A.    Connection to any source of water other than the Borough water system. The drilling of water wells within the Borough, except by the Borough and/or the Authority, is hereby prohibited.

B.    Any device that may cause water hammer.

C.    An unprotected connection to a booster pump, boiler plant or boiler pump.

8.    Backflow Prevention Devices.

A.    All new connections to the Borough water system shall require the customer to install a backflow prevention device, approved by the Borough, in accordance with Borough specifications.

B.    When, in the opinion of the Borough, facilities operated within a customer’s premises present a potential cross-connection of non-potable water within the Authority’s water system, the Authority or the Borough reserves the right to install a backflow prevention device in accordance with Authority or Borough specifications.

C.    The costs of furnishing and installing any backflow prevention device shall be borne by the customer, who shall also retain ownership of it and be responsible for testing and maintaining it. The Borough reserves the right to require that backflow prevention devices be tested at least once every 12 months and that a certified test report be furnished to the Borough.

9.    Standby Service.

A.    Any customer desiring standby water service shall submit a written application to the Borough.

B.    The Borough shall determine the size and location of service lines and the number and types of meters required for standby service, based on information supplied by the applicant.

C.    Facilities deemed necessary by the Borough to provide standby service and to protect the Borough’s water system shall be installed at the customer’s expense.

D.    All normal water service charges shall apply unless waived by the Borough.

E.    The term of the standby service shall be established by the Borough.

10.    Commercial Water Haulers.

A.    Any customer desiring service as a commercial water hauler shall submit a written application to the Borough.

B.    The customer shall provide a location for loading, which location shall be approved by the Borough.

C.    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.

(Ord. 607, 8/6/1990, §136-5)

§26-107 Meters.

1.    Determination of Metering. The Borough shall determine when and where meters shall be installed.

2.    Size, Installation and Ownership.

A.    The Borough shall determine the meter size, based on water service requirements indicated by the applicant and shall furnish and install all meters. All meters and connections thereto shall become Borough property and shall be maintained by the Borough at its expense, except as modified herein below.

B.    The customer shall provide the Borough access to the meter at all reasonable times for the reading, inspection and testing thereof, and repairs thereto, as may be necessary from time to time.

C.    No customer or a customer’s agent, servant or employee shall remove, disconnect, tamper with or attempt to effect repairs to a meter.

D.    A charge of an amount as established, from time to time, by resolution of Borough Council for installation or reinstallation of a water meter during the Borough’s normal weekday business hours is hereby imposed. The charge shall be imposed upon the owner of the premises at the time of installation or reinstallation. [Ord. 825]

E.    A charge of an amount as established, from time to time, by resolution of Borough Council for installation or reinstallation of a water meter outside of the Borough’s normal weekday business hours, including evenings, weekends and holidays, is hereby imposed. The charge shall be imposed upon the owner of the premises at the time of installation or reinstallation. [Ord. 825]

3.    Location of Meters.

A.    The Borough shall determine the location and placement of all meters.

B.    When a meter is installed within a building, the customer shall provide, at the customer’s expense, an installation space and piping connections, complete with stops or valves with drains, the design and construction of which shall be approved by the Borough.

C.    When a meter is installed outside a building, it shall be placed in a brick or concrete pit with a suitable iron cover or other approved meter box and shall be built inside the property line by the customer, complete with approved stops or valves, with drains, all provided at the customer’s expense. The size and dimensions of the pit or box shall be as approved by the Borough and shall give adequate access to the meter to permit its installation and removal.

D.    Each customer unit, whether single-house, double-house, row-house or of any other designation or type, and whether owner or tenant-occupied, shall have a separate meter, except as permitted otherwise by the Borough.

E.    Multi-unit buildings served through a single service line and not adaptable for such separate meter installations in the judgment of the Borough, such as apartment buildings and office buildings, may have a single meter if approved by the Borough; however, the charge for service shall be made on the same basis as if an individual meter were installed for each and every separately occupied unit of the premises.

F.    If a remote meter readout addition is desired by the customer, but deemed unnecessary by the Borough, the entire cost of the instrument and the installation thereof shall be paid by the customer.

4.    Protection of Meters.

A.    The customer shall protect the meter against damage due to freezing, hot water, negligence and other causes. The Borough shall repair any loss or damage to the meter at the customer’s expense. If payment therefore by the customer is not made within 10 days of the billing date, service will be discontinued until the bill is paid.

B.    Where hot water or heating systems or boilers are so constructed that there is a possibility of hot water being forced back through the meter, the customer shall protect the meter by installing a check valve on the outlet side of the meter and shall, for his own protection, insert a safety valve in connection with the hot water or heating system. Neither the Authority nor the Borough will be liable for any damage due to the failure of customers’ safety valves.

5.    Meter Tests.

A.    The Borough may test or replace a customer meter at any time after notification.

B.    After receipt of a written request and deposit, as listed below, the Borough shall test the accuracy of a customer’s meter in his presence. If the meter accuracy is within plus or minus 4 percent, the meter is considered accurate, and the deposit will be retained by the Borough. If the meter accuracy is not within plus or minus 4 percent, the meter will be repaired or replaced at Borough expense, and the deposit will be returned to the customer.

C.    Required meter test deposits are in an amount as established, from time to time, by resolution of Borough Council. [Ord. 825]

D.    Upon the Borough’s receipt of a second request to test the accuracy of a meter within a 1-year period, after a previous test has been conducted and the tested meter was found to be within the limits established by paragraph .B above, five times the deposit rate provided for herein shall be required of the customer.

E.    If a meter is found to be inaccurate, an adjustment shall be made for the current billing period only, based on test results or on the recorded consumption for the same billing period during the prior year. If there is evidence to establish the date of inaccuracy, the adjustment shall be made from that date. In no case shall adjustments be made for a period longer than 3 months.

F.    In no case shall a correction of billing for meter inaccuracy be made for a longer period than 2 months prior to the date of the test unless the Borough is satisfied that such inaccuracy has been of longer duration.

6.    Leaks and Defective Plumbing.

A.    Neither the Authority nor the Borough shall be liable for any damage resulting from leaks or broken pipes or from any other cause occurring to or within any house or building, and it is expressly stipulated by and between the Authority and the customer and between the Borough and the customer that no claims shall be made against the Authority or against the Borough on account of the bursting or breaking of any main or service pipe or any attachment to said waterworks.

B.    All metered consumption shall be billed according to the Schedule of Water Rates, and no adjustments will be made for excessive consumption due to leaks or waste.

(Ord. 607, 8/6/1990, §136-6; as amended by Ord. 622, 5/4/1992, §3(b); and by Ord. 825, 10/3/2016, §5(B))

§26-108 Fire Service and Other Special Uses.

1.    Public Hydrant Installation.

A.    When a municipality desires the installation of a fire hydrant on the Authority system, the municipality shall make application to the Authority for the installation. The Authority reserves the right to request that a deposit, equal to the estimated cost of the hydrant installation, accompany the application. The hydrant installation shall be made by and shall become the property of the Authority. All costs of the hydrant installation, including connection, valve, piping and hydrant, shall be borne by the municipality. The actual cost of the installation of each hydrant shall be paid by the municipality before the water is turned on to the hydrant.

B.    Public fire-protection service shall be paid by the municipality requesting the public fire hydrant at the rate stipulated in the Borough Schedule of Water Rates.

C.    Whenever a municipality desires that the location of fire hydrant be changed, it shall make application for the change, and the change shall be made by the Authority at the expense of the municipality.

D.    No person except the Borough Manager or other authorized person shall take water from any public fire hydrant, except for fire purposes or for the use by the Fire Department in case of fire; and no public fire hydrant shall be used for sprinkling streets, for flushing sewers or gutters or for any other than fire purposes, except with the approval and written consent of the Borough.

E.    The Authority and the Borough shall have no liability as insurer of property or person. Any customer receiving fire service shall not be entitled (in the event of fire) to any service, pressure, capacity or facility other than the available at the time, in view of the circumstances of the Authority and the Borough at that time. Neither the Authority nor the Borough shall be liable for any damage or injury to any person or property by reason of any fire, water, failure to supply water or pressure or capacity, or lack thereof, due to any cause beyond the reasonable control of the Authority and/or the Borough.

F.    Upon request of the duly authorized officials of any municipality, the Authority will make inspections at convenient times and at reasonable intervals to determine the condition of the fire hydrants; such inspections shall be made by a representative of the Authority and a duly authorized representative of the municipality.

2.    Private Fire Service.

A.    A person desiring private fire service shall submit an application to the Borough and shall pay all necessary charges before service is rendered.

B.    Borough-approved compound meters or detector checks with bypass meters shall be installed on all new or replaced private fire service lines by the Borough, at the customer’s expense, and they shall become Borough property.

C.    All fire service meters shall be maintained by the Borough at its expense, except for damage caused by the failure of the customer to protect the meter.

D.    All water consumption through fire service lines will be billed at duly adopted Borough rates.

E.    The size of each private fire service line shall be approved by the Borough prior to installation. Normally, a private fire service line shall be at least one size smaller than the Borough main to which it is connected.

F.    No cross-connection or tap for use other than fire protection shall be made between a fire service line and a regular water service line.

G.    The Borough and the Authority shall have no liability as insurer of property or person. Any customer receiving fire service shall not be entitled to any service, pressure, capacity or facility other than that available at the time of service. The Borough and 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 any other cause.

H.    Private fire-protection service charges shall be determined according to the Schedule of Water Rates. These charges are compensation for standing ready to serve and shall be in addition to any charges for consumption through fire service lines.

I.    No charge shall be made for fire hydrants installed on the customer’s side of the meter in cases where the meter has been sized to measure the fire flow and the customer is paying that metered rate.

3.    Use of Fire Service Facilities.

A.    No fire hydrant or private fire service line shall be used for any purpose other than extinguishing fires.

B.    Any customer desiring to test hydrants, fire service lines, or other fire service facilities shall notify the Borough in writing at least 5 working days in advance of the scheduled test and shall pay a fee in an amount as established, from time to time, by resolution of Borough Council, per hydrant, service line, or other facility being tested. The Borough, the Selinsgrove Municipal Authority, volunteer fire-fighting companies, and emergency response services shall be exempt from paying the test fee hereunder. The conducting of such tests shall be subject to Borough approval. The Borough from time to time may revise the fee for such tests by resolution, which resolution shall have the same effect as an amendment to this section. [Ord. 825]

4.    Boilers. Customers who use the water supply for steam boilers or similar facilities do so at their own risk. The Borough, upon request, shall furnish water system pressure data for customer convenience in setting relief valves but in no way guarantees the accuracy of the data provided. Neither the Authority nor the Borough will be responsible for any accident or damage in which such practices frequently result. Steam and hot-water heating plants and hot-water generators and storage tanks shall in all cases be provided with a check valve in the water supply piping to the same, said check valve and the installation thereof to be approved by the Borough, and with such other proper devices to prevent damage or collapse if the water supply be shut off or should fail for any reason whatsoever as may be approved and/or required by the Borough from time to time. Neither the Borough nor the Authority shall be liable for any damage or injury to any person or property by reason of any failure to supply water or pressure or capacity, or lack thereof, or resulting from the improper or imperfect installation or operation of any of said devices or from the lack of installation of any of said devices.

5.    Heat-Transfer Equipment.

A.    “Heat-transfer equipment” shall be defined as including, but not being limited to, air-conditioning, refrigeration, heat pump or other heating or cooling equipment, air compressors, atmospheric condensers, vacuum pans or similar equipment and heat exchangers attached to and such equipment supplied with water from the Borough water system.

B.    Where a customer desires to utilize water for heat transfer equipment, an application shall be submitted to the Borough for that use. The Borough reserves the right to reject approval of such application if projected water consumption is excessive, as determined by the Borough from time to time.

C.    If the Borough determines that water consumption for heat-transfer purposes is excessive, the Borough may discontinue service until the customer reduces consumption to a level that has been determined to be acceptable by the Borough.

(Ord. 607, 8/6/1990, §136-7; as amended by Ord. 702, 12/3/2001, §3; and by Ord. 825, 10/3/2016, §5(B))

§26-109 Discontinuance of Service.

1.    Notices and Charges.

A.    The Borough reserves the right to shut off water for nonpayment of delinquent water bills and for any of the other reasons listed in subsection .2, Reasons for Discontinuance. The Borough shall give notice of the discontinuance in accordance with law. Service will not be restored until payment of the charges have been made in accordance with paragraph .B or .C below. [Ord. 622]

B.    A charge in an amount as established, from time to time, by resolution of Borough Council is hereby imposed for disconnection and reconnection of water service whenever reconnection is performed during the Borough’s normal weekday business hours, if disconnection and reconnection is the result of nonpayment of a delinquent bill or is made at the request of the customer, but not if it is done by the Borough for purposes of repairing the water system or in cases of emergency or the like. The charge shall be imposed upon the owner of the premises at the time of reconnection. [Ord. 825]

C.    A charge in an amount as established, from time to time, by resolution of Borough Council is hereby imposed for disconnection and reconnection of water service whenever reconnection is performed outside of the Borough’s normal weekday business hours, including evenings, weekends and holidays, if disconnection and reconnection is the result of nonpayment of a delinquent bill or is made at the request of the customer, but not if it is done by the Borough for purposes of repairing the water system or in cases of emergency or the like. The charge shall be imposed upon the owner of the premises at the time of reconnection. [Ord. 825]

D.    As necessity may arise in case of break or rupture of any main, any emergency or other unavoidable cause, the Borough shall have the right to temporarily suspend the water supply in order to make necessary repairs, connections or installations; however, the Borough shall use all practicable and reasonable measures to afford, whenever possible, advance notice of such interruption of service. However, neither the Authority nor the Borough shall be liable for any damage or inconvenience suffered by customers or occupants of premises supplied as a result thereof, nor in any case shall the Authority or the Borough be liable for any claim against it or them at any time for interruption in service, inadequate supply or pressure or quality of water of for any cause reasonable beyond its control.

2.    Reasons for Discontinuance.

A.    Service, including public fire-protection and any other Borough use, may be discontinued for any of the following reasons:

(1)    Violation of any Borough or Authority rules and regulations.

(2)    Misrepresentation in the application as to the property or fixtures to be supplied or the use of the water supply.

(3)    Use of water for any property or purpose not described in the application.

(4)    Tampering with any service pipe, meter, curb stop or seal or any appliance of the Borough.

(5)    Failure to maintain, in good order, connections, service lines, backflow preventers or other fixtures for which the customer is responsible.

(6)    Waste of water through improper or imperfect pipes, fixtures or other facilities.

(7)    Vacancy of the premises.

(8)    Failure to make payments of any water system charges against the premises.

(9)    Refusal of access to the premises to inspect, read, maintain or remove meters.

(10)    Refusal to conserve water during periods of advertised restricted supply.

(11)    Failure to pay water bills or charges incurred at another premises owned by the same customer.

(12)    Existence of any cross-connection at a premises.

(13)    At the request of the sewerage utility.

B.    Water will be turned off at any premises upon a written order of the customer without in any way affecting the existing contract.

3.    Supply of Water.

A.    The Authority and the Borough, or either of them, shall have the right to reserve a sufficient supply of water at all times in the reservoirs to provide for fire protection and other emergencies or to restrict or regulate the quantity of water used at customer’s premises in cases of scarcity or whenever the public welfare may require such action.

B.    The Authority and the Borough, or either of them, reserve the right to suspend the use of water for sprinkling streets and yards, washing cars and for any other purpose, etc., whenever, in the opinion of the Authority or of the Borough, public exigency require it. Neither the Authority nor the Borough shall be liable for failure to supply water at any time.

C.    The Borough Manager shall act on behalf of the Borough to declare a water emergency and to impose water use restrictions. The Borough Council shall ratify the Borough Manager’s actions within 10 days, or the declaration of water emergency shall expire, and the restrictions shall be lifted without further action.

4.    Vacating the Premises.

A.    When a premises is vacated, the customer shall give the Borough written notice to turn off water service. The customer shall pay for all water used at the premises until the service is turned off.

B.    A new application shall be submitted each time there is a change in ownership or customer identity at a premises and the Borough shall have the right to discontinue service until a new application is made and approved.

(Ord. 607, 8/6/1990, §136-8; as amended by Ord. 622, 5/4/1992, §3; and by Ord. 825, 10/3/2016, §5(B))

§26-110 Extension of Service.

1.    Main extension requirements shall be as follows:

A.    Any person desiring water service shall complete an application for water service and shall file the application with the Borough.

B.    The Borough or the Authority shall determine whether a main extension is required in order to extend water service.

C.    Main extensions shall consist of any new main, including mains lying wholly within a new development.

D.    When a main extension is required, the policies stated herein below shall apply to the applicant.

E.    A main extension agreement shall be executed between the applicant and the Authority for each main extension.

F.    The applicant shall submit complete plans of the proposed main extension, showing in detail the locations and sizes of proposed water mains and related facilities, to the Authority for approval. Plans shall be prepared in accordance with the Borough’s specifications.

G.    The applicant shall bear all costs of the main extension, including construction, engineering, preparation of as-built reference drawings, administrative, legal and inspection costs, except as stated otherwise below.

H.    With the submission of plans, the applicant shall deposit with the Borough an amount to be used by the Borough for project expenses. The initial deposit amount shall normally be based on an amount as established, from time to time, by resolution of Borough Council, per residential unit. No project services will be rendered until sufficient deposit funds are provided. Additional deposits may be requested as necessary. Unspent deposit funds shall be returned to the applicant, without interest, after project completion. Borough expenses in excess of deposited funds shall be invoiced to and must be paid by the applicant prior to receipt of water service. [Ord. 825]

I.    No construction of water facilities shall commence until the plans submitted by the applicant are approved by the Borough, a main extension agreement is executed and the applicant satisfies all Borough regulations.

J.    All main extensions shall extend the entire length of the property to be served in all directions, unless otherwise approved by the Borough.

K.    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 or future extensions thereof.

L.    All areas of the main extension, including rights-of-way or easements, shall be graded to the satisfaction of the Borough prior to construction of the main extension.

M.    The applicant shall guarantee the mains and appurtenances he furnishes and installs, and he shall remedy, at no cost to the Borough or Authority, any defects that develop therein during a period of 1 year from the date of final acceptance of the constructed facilities by the Borough or the Authority.

N.    The main extension and other water facilities shall become the absolute property of the Authority on the date of formal acceptance by the Borough or the Authority.

O.    The applicant shall construct all main extensions to the requirements and specifications of the Authority or the Borough and shall bear all costs of the main construction, including the costs of the inspection required by the Authority or the Borough.

P.    The Borough or Authority may increase or decrease, at its discretion, the main sizes required under its rules and regulations for water service or its specifications.

Q.    If the Borough or Authority increases the size of a main extension beyond an 8-inch diameter main or beyond the size required to serve the applicant’s needs, whichever is the larger, the additional cost thereof shall be borne by the Authority or the Borough.

R.    The Borough shall charge the property owner or developer for any and all expenses it may incur in connection with the property owner’s or developer’s installation of a water extension, including, but not limited to, review of plans, drawings, specifications and permit applications; meters; construction inspection and testing; Borough administrative expenses, legal and engineering services; and other expenses related to the extension. [Ord. 662]

S.    The number and location of fire hydrants, which shall be installed at the applicant’s expense, shall conform to Borough requirements or to the Authority’s requirements if no Borough requirements are applicable.

T.    The applicant shall furnish and install, at his own expense, the necessary service connection(s). Each service connection shall include the connection to the main, corporation stop, service line, curb stop, curb box and meter pit, if required, and is subject to Borough or Authority approval as to location and construction. The Borough or the Authority reserves the right to furnish and install any service connection.

U.    The Borough shall furnish and install a meter at each service connection.

V.    The applicant shall dedicate and the Authority shall accept, by written notification, the dedication of any water mains and appurtenances constructed under the main extension agreement, provided that the same are installed and tested in compliance with Borough or Authority specifications.

W.    Until conveyed to another owner, the applicant and his assigns will be responsible for payment of all charges for water service to each service unit.

X.    The Borough shall have the right to discontinue water service for any of the reasons specified in these rules and regulations.

Y.    The Borough 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.

Z.    The main extension agreement, together with all its terms and conditions, shall be binding upon and inure to the benefit of the respective successors or 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.

AA.    The Authority and the Borough reserve the right to construct the main extension at the applicant’s expense. If the Authority or the Borough decides to construct the main extension, an estimate of preconstruction costs shall be furnished to the applicant for the applicant’s information. After preconstruction engineering and administrative items are completed, an estimate of construction and related costs shall be furnished to the applicant for the applicant’s information, and the applicant shall deposit an amount equal to those costs with the Borough within 10 days thereafter. After receiving the deposits, the Authority or the Borough shall proceed with the main-extension construction. A tabulation of the total main-extension costs shall be submitted to the applicant. If the total cost is less than the applicant’s total deposits, the Authority shall return any excess moneys deposited. If the total cost exceeds the applicant’s deposits, the applicant shall pay the excess amount prior to the receipt of water service, but in no event more than 30 days after the applicant’s receipt of the amount of the total costs.

BB.    Deposits for main extensions shall not bear interest.

(Ord. 607, 8/6/1990, §136-9; as amended by Ord. 662, 7/7/1997, §4(a); and by Ord. 825, 10/3/2016, §5(B))

§26-111 Miscellaneous Provisions.

1.    Access by Borough Personnel.

A.    Any authorized Borough employee, upon presentation of credentials, shall be provided with access to any premises supplied with water, at all reasonable hours, for the purpose of reading meters, making inspections or repairs and securing any other information relating to water service that the Borough deems necessary. If the customer neglects or refuses to provide access, service may be discontinued, and the Borough and the Authority shall not be liable for any damages or inconvenience suffered due to water shut off.

B.    Complaints with regard to the character of the service furnished, the reading of meters or the bills rendered must be made at the Borough’s office, either verbally or in writing, and a record of such complaint shall be kept by the Borough, giving the name and address of the complainant, the date, the nature of the complaint and the remedy.

2.    Temporary Interruption of Service. During any emergency and during the changing or testing of water meters, the Borough has the right to temporarily interrupt service to make repairs or connections. The Borough may notify customers of such service interruptions, if possible. The Borough shall not be liable for any damages or inconveniences suffered due to service interruptions.

3.    Water Emergency.

A.    The Borough has the right to declare a water emergency due to a water shortage or other emergency condition and to impose any water use restrictions deemed necessary during such an emergency. Water emergency restrictions will continue in effect until terminated by the Borough.

B.    The Water System Superintendent, or in his absence the Engineer, and the Borough Manager, or in his absence the President of Borough Council, are authorized to act jointly for the Borough to declare a water emergency and to impose water use restrictions, but such actions shall be ratified by the Borough Council within 10 days, or the water emergency declaration shall automatically terminate.

C.    Notice of a water emergency declaration and water use restrictions shall be published in a newspaper of general circulation.

4.    Acquisition of Existing Facilities.

A.    The Authority may acquire or accept ownership, at its discretion, of any existing water mains, distribution systems or other water system facilities if the facilities are properly assigned and transferred to the Authority by the previous owner.

B.    Water mains, distribution systems or other water system facilities shall not be accepted by the Authority unless the previous owner furnishes all necessary rights-of-way or easements to the Authority.

(Ord. 607, 8/6/1990, §136-10)

§26-112 Terms of Payment.

1.    Bills Rendered.

A.    Bills shall be rendered at stated intervals, at least quarterly, for a specified service period preceding the billing date, except as modified herein.

B.    For special or estimated charges, bills shall be rendered, upon application, before service is granted.

2.    Computation of Bills.

A.    Bills for metered service shall be determined according to the Schedule of Water Rates.

B.    Where there is no water meter or a meter fails to register or is found to be faulty or the Borough is unable to gain access to read the meter, a bill shall be determined based on average consumption for the same billing period of the previous year or for the total period of service, whichever period is shorter.

C.    Bills for a partial billing period shall be determined according to the Schedule of Water Rates, based on actual consumption or a prorated minimum, whichever is greater. Prorated minimum bills shall be based on the number of days that service is rendered in the billing period.

D.    When a single meter supplies more than one unit, bills shall be determined using the metered consumption per unit (total metered consumption divided by number of units). The total minimum charge shall be determined from the per-unit minimum charge based on the meter size required to serve each unit separately.

3.    Bills Due and Payable.

A.    All bills for water service are due and payable on the 20th day of February, May, August and November of each year for service furnished during the immediately preceding calendar quarter. [Ord. 633]

B.    Charges for connections, temporary uses and special services shall be payable on demand.

C.    Payment delivered to the Borough or the collection agency, as evidenced by the date stamped on the bill, on or previous to the due date of the bill shall be considered timely payment.

D.    Water use by the same customer in different premises shall not be combined, and each installation shall be billed separately.

E.    Water bills that remain unpaid beyond the due date are considered delinquent, which delinquency constitutes grounds for discontinuance of service.

F.    The Borough reserves the right to take any legal action it deems necessary, including the liening of property, in order to recover amounts due and payable.

4.    Bills of Doubtful Accuracy. Any customer who doubts the accuracy of a bill shall bring or mail the bill, within 10 days of receipt, to the Borough Office. The Borough shall check the bill and either confirm the original billing or issue a corrected bill.

5.    Failure to Receive Bill. Failure to receive a bill shall not exempt a customer from the obligation to pay the bill by its due date. The Borough, at any time, shall issue a duplicate bill upon proper request, and no claim for exemption from assessment of delayed payment charge for any reason whatsoever shall be entertained or allowed.

6.    Penalty for Failure to Pay by Due Date.

A.    A water bill that is unpaid after its due date shall be delinquent and shall be subject to a one-time only penalty of 25 percent of the amount due. In order for the customer to cure the delinquency, the customer must pay the delinquent bill together with the penalty. Water and sewage services may be terminated from the delinquent premises as provided by law and shall not be restored until all delinquent bills against the same and the service termination and restoration fees have been paid. Failure to pay delinquent bills for two quarters may result in a lien being imposed against the delinquent premises in the amount of the delinquent bills and penalties, together with interest, attorneys’ fees and court costs provided for in the Pennsylvania Municipal Claim Law, 53 P.S. §7101 et seq. With regard to the imposition of attorneys’ fees, the schedule of fees in an amount as established, from time to time, by resolution of Borough Council, is adopted and shall be imposed upon and paid by the record owner of the delinquent premises. [Ord. 825]

B.    At least 30 days prior to assessing or imposing attorneys’ fees as part of its municipal lien against the delinquent premises, a written notice shall be sent, postage prepaid, by certified mail, return receipt requested, to the last known post office address of the record owner of the delinquent premises informing such owner of the Borough’s intention to impose or assess the attorneys’ fees set forth above and of the manner in which the imposition or assessment of the attorneys’ fees can be avoided by payment of the delinquent account. In the event, the notice sent by certified mail is not delivered or received by the record owner of the delinquent premises, then at least 10 days prior to the imposition or assessment of the attorneys’ fees as set forth above, a written notice shall be sent, postage prepaid, by regular mail to the last known post office address of the record owner of the delinquent premises informing such owner of the Borough’s intention to impose or assess the attorneys’ fees set forth above and of the manner in which the imposition or assessment of the attorneys’ fees can be avoided by payment of the delinquent account.

[Ord. 655]

7.    Bad Checks. When a customer’s check is returned to the Borough by a bank for any reason, the Borough shall impose a service charge in an amount as established, from time to time, by resolution of Borough Council, to the bill for each occurrence. [Ord. 825]

(Ord. 607, 8/6/1990, §136-11; as amended by Ord. 633, 12/6/1993, §6(b); by Ord. 655, 5/20/1996, by Ord. 662, 7/7/1997, §4(b); and by Ord. 825, 10/3/2016, §5(B))

§26-113 Schedule A: Water Rates and Charges.

The Borough does hereby fix and charge the water rates and charges set forth in the following Schedules of Water Rates and Charges, which water rates and charges shall become effective on, and shall apply to all water service provided after October 1, 2010, and shall be collected from the customers of the water system under operation by the Borough as lessee of the Selinsgrove Municipal Authority.

A.    Metered Water Rates.

Quarterly Consumption	Charge per 1,000 Gallons
For first 3,000 gallons (minimum)	$3.30
For all over 3,000 gallons	$3.30

(1)    Minimum Meter Charges. All metered customers shall be subject to, and shall pay, a quarterly minimum water charge based upon the size of the water meter on the line or main serving the customer’s real property as set forth as follows:

Meter Size (Inches)	Gallons Allowed	Minimum Quarterly Charge
5/8 to ¾	3,000	$9.90
1 to 1¼	21,000	$69.30
1½	50,000	$165.00
2	87,000	$287.10
3	197,000	$650.10
4	345,000	$1,138.50
6	757,000	$2,498.10
8	1,250,000	$4,125.00

(2)    The customer shall pay on the basis of either the actual metered water consumption or the minimum meter charge set forth above, whichever results in the higher billing amount.

B.    Flat Water Rates.

Service	Quarterly Charge
Public fire-protection service
Each public fire hydrant	$23.10
Private fire-protection service
Each private fire hydrant	$23.10
Each 4-inch fire service line or smaller	$23.10
Each 6-inch fire service line	$62.70
Each 8-inch fire service line	$115.50
Temporary service construction
Unmetered residential dwelling	$46.20
Other buildings	metered rates
Swimming pools
When not billed through metered service, not to exceed 23,000 gallons of water	$75.90 per filling
Any water in excess of 23,000 gallons shall be billed at metered rates for all water provided.

[Ord. 785]

(Ord. 607, 8/6/1990, §136-12; as amended by Ord. 633, 12/6/1993; by Ord. 643, 3/6/1995, §3(b); by Ord. 645, 3/6/1995, §3(b); by Ord. 758, 8/6/2007, §3(a); by Ord. 773, 12/1/2008, §3(a); by Ord. 785, 8/2/2010, §3(b), (c))

§26-114 Schedule B: Tapping Fees.

	Tapping Fee
Size of Service Pipe (inches)	Distribution Part	Capacity Part
¾	$713.50	$286.50
1	$1,189	$477.50
1½	$2,497	$1,003
2	$4,121.50	$1,655.50
3	$8,560.50	$3,438.50
4	$13,950	$5,603
6	$31,388	$12,607
8	$53,264.50	$21,393.50

(Ord. 607, 8/6/1990, §136-13; as amended by Ord. 662, 7/7/1997, §4(c); and by Ord. 708, 12/2/2002, §3(c))