§ 54.25 ENFORCEMENT OF WATER RATIONING PLAN.
   (A)   The township municipal authority will have lead responsibility for monitoring of compliance with this water rationing plan.
   (B)   The following provisions shall govern the implementation of temporary service interruptions.
      (1)   In order to effectuate compliance with this plan, the township municipal authority is hereby authorized and required to plan and implement temporary service interruptions to all or part of its water supply system, as the authority may deem appropriate, when any and/or all of the following conditions are determined by the authority to exist, as to its water supply system:
         (a)   A 25% reduction in systemwide water usage has not been achieved;
         (b)   The 25% reduction in system wide water usage has been achieved, but has failed to have a significant impact in extending limited water supplies; and/or
         (c)   Temporary service interruptions are necessary in order to further extend limited and/or dwindling water supplies.
      (2)   (a)   In the event that the authority determines that temporary service interruptions are necessary, the authority shall notify its customers through the public media (newspapers, radio, telephone and television) at least one day prior to the temporary service interruptions, that a planned, temporary service interruption is to be imposed.
         (b)   In addition, the authority shall notify the Commonwealth Drought Coordinator, the local coordinator of emergency management, local public health authorities, the State Emergency Management Agency and the regional office of the Department of Environmental Protection.
         (c)   Such notice shall:
            1.   State the day or days when the planned, temporary service interruptions will occur;
            2.   State the time(s) when such planned, temporary service interruptions will commence, and the time(s) such interruptions will cease;
            3.   State whether the planned, temporary service interruptions are to be imposed on the entire system, or a part thereof, and, if only part(s) of the system will experience planned, temporary service interruptions, identify the geographical boundaries within which the planned, temporary service interruptions will occur; and
            4.   Advise all customers within the areas affected by planned, temporary service interruptions how to treat any water received from the system, for human consumption, during the period(s) of planned, temporary service interruptions and for such additional time as may be necessary until full pressure is restored to the system.
      (3)   If the authority imposes planned, temporary service interruptions as authorized and required by this plan, it must provide for the continued delivery of water to health care facilities within the area(s) affected by such interruptions, by means of an adequate, alternative delivery measures that may be necessary.
      (4)   If the authority implements planned, temporary service interruptions, it must make provision, by any means possible, for the continued delivery of such water, as may be necessary, for the proper operation of sewage collection, treatment and disposal systems and facilities.
   (C)   Any residential or nonresidential water customer who exceeds the allotments established pursuant to this water rationing plan will be subject to the following excess use charge.
      (1)   The township municipal authority is directed to collect an excess use charge based on the amount by which a customer’s use exceeds the water allotments established pursuant to the local water rationing plan, computed in accordance with the following schedule:
 
Excess Usage Per Month
Charge for Excess
First 2,000 gallons or portion thereof
$7 per 1,000 gallons or portion thereof
Each 1,000 gallons or portion thereof
$15 per 1,000 gallons or portion thereof
 
      (2)   (a)   Any monies collected by the authority through excess use charges shall not be accounted for as income to the authority but shall be placed by the authority in a reserve account.
         (b)   Funds collected shall be disposed of in accordance with the directions of the Commonwealth Drought Coordinator.
   (D)   In addition to the excess use charge, noncompliance with the water rationing plan will result in the following.
      (1)   For the first excess use, a warning of possible discontinuation shall be issued to the customer by the authority.
      (2)   (a)   For the second or subsequent excess use, the authority may interrupt or shut-off service to the customer for a period not to exceed 48 hours, or, if the customer provides access, the authority may install a flow restrictor in the customer’s service line for the duration of the emergency.
         (b)   The cost incurred by the authority to interrupt or shut-off and reinstate service, or to install and remove a flow restrictor, shall be assessed to the water customer by the authority.
   (E)   The township municipal authority is authorized to alter meter reading schedules to assure adequate monitoring of compliance with this plan.
   (F)   Any customer or other person aggrieved by a decision or action by the authority imposing an excess use charge or other remedy for noncompliance with the requirements of this plan may proceed in accordance with the following provisions.
      (1)   (a)   The authority shall adopt procedures which provide an opportunity for the customer or aggrieved party to rebut the finding of a violation, or evidence of circumstances beyond the customer’s control which resulted in the violation.
         (b)   The authority shall keep a record of evidence presented regarding disputed violations, and shall provide the customer or aggrieved party with a written notice of the authority’s final decision and action in such cases.
      (2)   Any person aggrieved by the final decision or action of the authority may file an appeal with the county court of common pleas, in accordance with the provisions and procedures of the Local Agency Law, 2 Pa.C.S. §§ 551 through 555 and 751 through 754.
(Ord. 620, passed 10-26-1998)