Rates, Rules and Regulations of The Pegasus Sewer

Rates, Rules and Regulations
of the
Pegasus Sewer Authority

Schedule of Rates & Fees Pegasus Sewer Authority
Service Fees: (calculated on quarterly consumption)
Block	Treatment Fee (Johnstown) *	Transmission Fee (Pegasus)	Total - Quarter	Per Month
First 6,000 gal.	$21.74 minimum	$38.35 minimum	$60.09	$20.03
Next 34,000 gal	$3.62 per 1,000 gal.	$1.95 per 1,000 gal.	$5.57 per 1,000 gal.
Next 60,000 gal	$2.04 per 1,000 gal.	$1.95 per 1,000 gal.	$3.99 per 1,000 gal.
Next 100,000 gal	$1.23 per 1,000 gal.	$1.85 per 1,000 gal.	$3.08 per 1,000 gal.
Next 100,000 gal	$0.87 per 1,000 gal.	$1.75 per 1,000 gal.	$2.62 per 1,000 gal.
Over 300,000 gal.	$0.76 per 1,000 gal.	$1.65 per 1,000 gal.	$2.41 per 1,000 gal
Connection Fee
$1,680.00 per EDU of 350 gallons per day or as set forth in 25 PA Code ____, whichever is greater. plus any developer reimbursement of up to $1,000.00 if applicable
Reconnection or new service application - $25.00
Missed appointment fee - $25.00

· Reflects City of Johnstown, Bureau of Sewage Rate increase, effective October 1, 2002.

· City of Johnstown Bureau of Sewage website

ARTICLE I. PRELIMINARY MATTERS

1.01 Definitions

Residential User - shall mean the individual owner of a single family residential dwelling.

Service Line - the sewer lateral connection between the customer owned structure and the tapping sleeve on the Authority owned sewer main.

ARTICLE II SERVICE APPLICATIONS

2.01 Application for Service

Any owner desiring the introduction of a service line or lines from the Authority's main into his or her premises, must first make written application on the form furnished by the Authority, at least one week before service is required and the guarantee that such service will continue for at least one year and the exact time when the trench from curb to the property will be ready for making the connection.

2.02 New User or Owner Requires New Application

A new application must be made and approved by the Authority upon any change in ownership of property, or in tenancy where the tenant is the consumer, and the Authority shall have the right upon five days' notice to discontinue the water supply until such new application has been made and approved.

If a customer has an outstanding sewage or water bill or service charge in an amount greater than $50.00 no new service shall be established until a payment plan has been approved. Amounts less than $50.00 shall be transferred to the new account.

2.03 Application to be signed by Property Owners

The application for new service connection must be signed by all of the property owners, or their duly authorized agent, which application shall together with the Rules and Regulations of the Authority, regulate and control the service of water to such premises.

2.04 Customer Vacating Premises Served

Any customer vacating a premise for which water service is provided must give notice (either in person or in writing) to the Authority at their office located at 1296 Clapboard Run Rd. Johnstown PA 15904, and the water service may be turned off at the curb. Customers failing to give such notice or failing to have the water turned off at the curb shall be responsible for payment of sewer bill until date proper notice is given.

2.05 Cancellation of Application

The Pegasus Sewer Authority reserves the right to cancel an application for reasons which are not in the best interest of the Authority for misrepresentation or failure to provide material facts relevant to the service. Such cancellation will be affective after a five (5) day notice has been given to the new occupant. The Authority may also cancel the application for reason that the applicant currently has outstanding unpaid sewer bills which were not disclosed by the applicant at the time of application.

ARTICLE III CONNECTION FEES

3.01 Connection Fees

Customers shall pay a connection fee as set forth in the current schedule of rates and fees. The connection fee is a capacity fee and reserves the customers right to connect to the system. Connection Fee shall be paid for each EDU reserved. EDU's for a particular use shall be determined by the greater amount of any of the following three formulas;

a) The number of separate residential dwelling units serviced, based on cooking, sleeping or postal arrangements, or,

b) The anticipated (and reserved) water usage of the facility (non residential) divided by 350 gallons per day rounded to the next higher whole number.

c) The amount of EDU's estimated for the facility based on the calculations set forth in 25 PA Code Chapter 93.

Provided however, where a non residential exceeds its reserved capacity for any quarter (three month single reading), the customer shall be required to purchase additional taps either; if capacity is available at a rate of 125% of the current connection fee, or where insufficient additional capacity is available, (taking into account all previously reserved capacity) at the cost of expanding capacity of the system in an amount equal to 150% of the capacity needed by the customer.

ARTICLE IV CONNECTION REQUIREMENTS

4.01 Connection Specifications

Connections to the Sewage collection lines of the Authority shall be done in conformance with specifications provided by the Authority. Failure to comply in all respects with the specifications shall be grounds for denial of the right to make the connection or grounds to terminate service by disconnection of the service at the customers expense.

Where a connection is to be made to the sewage collection system where a tapping sleeve is not already present on the line, that connection must be made by a contractor approved by the Authority who has posted a bond with the Authority.

Where a customer wishes to connect to the Authority collection system at a point where there is no tapping sleeve, it is the customers responsibility to provide a tapping sleeve meeting Authority specifications.

No connection to the Authority sewage collection system shall be made until the entire lateral from the home to the sewage collection line is inspected by Authority personnel. Persons connecting to the system shall provide the Authority with at least 48 hours advance notice of their readiness to make the connection. Failure to notify in advance of connection shall subject the customer to the obligation to uncover the lateral or disconnection from the system at the customers expense.

4.02 Location of Service Line Tap

The location of the service line tap shall be determined by the Authority.

4.03 Time for Connection

No service connection will be installed during the period that street openings are prohibited by municipal regulations, nor at any time when in the judgment of the Authority working conditions are unfavorable for installation either by reason of weather, temperature, conditions of the soil or
otherwise.

4.04 Changing Location of a Service Line

When the owner desires a change in location or size of an existing service line, the entire cost of the change shall be borne by the owner.

4.05 Owners Maintenance Responsibility

The service line beyond the sewer main shall be installed and maintained by and at the expense of the property owner. The service line shall be laid not less than 4 feet below the surface and shall not be covered until the tap on the main is made and the service line inspected. If any defects In workmanship are found, the service shall not be finally connected and covered until such defects are remedied. The Authority is not assuming responsibility to inspect and discover such defects.

4.06 Owner Responsible for delivery to Sewer Main

The lateral from the sewer main to the premises shall be kept in good condition by the
property owner under penalty of termination of service by the Authority and the Authority shall not be responsible for damage done by water entering the line or sewage leaving the lateral. A customer is responsible for all water entering the sewer main, and upon discovery and estimation by the authority of the amount of infiltration shall be responsible for addition to its regular bill of a flow quantity equal to the amount of infiltration or inflow.

4.07 Areas which do not elevations for gravity flows

Where the elevation of the lowest service inside a structure being serviced is below the elevation of the connection into the sewer main, it shall be the customers responsibility to install and maintain suitable pumping devices to maintain flow from the structure and to prevent backflow from the sewer main. The Authority shall not be responsible for any backflow of sewage into the structure.

4.08 Variance for Main Extension Size Requirement

An individual may request to provide service to his property from a private sewer line, when to require a main extension as set forth in Rule 8.01 below would create a hardship, and the Board finds that:

1. There is currently no separate property adjacent to the applicant which is located further
from an existing sewer main than applicant; and

2. The variance will not reasonably be expected to hinder future expansion of the system.

The following conditions shall apply before permission for a service line as set out above is given:

1. The service line shall be the property of the owner of the real property served,

2. Applicants shall obtain all easements for the same and shall be permanent easements

recorded in the Office of the Recorder of Deeds,

3. Owner of the service line shall be absolutely responsible for removal of any leaks or infiltration into the line, and

ARTICLE V. TERMS OF PAYMENT

5.01 Service Contracts are Month to Month

All contracts for service shall continue in force from month to month, but either party may cancel contract by giving three day's written notice that the contract shall terminate. For service beginning during a quarterly period, the minimum charge shall be prorated on a monthly basis. In cases where water is turned off and the meter removed, no further charge for sewage service will be made until water service is again restored.

5.02 When Charges Due

All bills will be rendered on a monthly basis rather than a quarterly basis. Billings will be based on the Meter readings performed by the public water supplier Billings for the first two monthly periods of each quarter shall be estimated, with the third monthly billing of the quarter to be adjusted to the meter reading. Bills must be paid by mail c/o Pegasus Sewer Authority at 1296 Clapboard Run Rd. Johnstown Pa., 15904 or any authorized collection agency within fourteen (20) days of the date of the bill. A bill for service to the Commonwealth of Pennsylvania, any agency of local government, United States Government, or any department or institution thereof must be paid within thirty (30) days of the date of the bill.

Due date for payment shall be extended to the sixth (6th) of the month for those customers whose primary source of support is Social Security or a Pension check. To qualify, a customer must present a copy of their Social Security check or a letter from the administrator of their pension plan as proof. Penalties for late payments will be posted on the seventh (7th) day of the month instead of twenty (20) days after the billing date. This is a prospective rule only and shall only extend the date of payment where proof is submitted to the Authority before a penalty is assessed or for payments which may become due in the future.

5.03 Customer to Pay on the basis of all water consumed

Customers shall be billed for sewage service on the basis of all water consumed. Where there is a source of water on the property other than a metered public water supply with a connection or potential for drainage into the sewage system, it shall be the customers responsibility to meter and report such consumption to the Authority monthly. The quantity of water recorded by the meter shall be conclusive upon both the consumer and the Authority except when the meter has been found by test to be registering inaccurately or not to have been registering for any period.

5.06 Minimum Bill

Conemaugh Township residents are required to tap into the sewage collection system within 6 days of notification of the availability of the sewage collection service pursuant to Ordinance # 134 of Conemaugh Township. Sewage bills become due and payable the sooner of, the date of successful inspection of the tap or the expiration of 60 days from the date of notification, (beginning on the mailing date of the notification letter). Minimum bills shall include collection and treatment components as set forth in the current schedule of rates and charges.

5.07 When Bills due

Bills shall be due within 20 days of the mailing date on the bill. A one time late fee shall be assessed of $5.00 per EDU on all bills not paid on time. Bills not paid within 30 days of the billing date shall be assessed interest of 1.5% per month until paid.

ARTICLE VI DISCONTINUANCE OF SERVICE

6.01 Discontinuance of Service

The Pegasus Sewer Authority reserves the right to discontinue water service for nonpayment of delinquent sewer bills (pursuant to 53 P.S.Section 2261 et. seq.) or for neglect or refusal to comply with the Authority's policies after first having exhausted all attempts to resolve the problem and giving the consumer a five (5) day written notice, (except that service may be terminated without notice upon discovery of an emergency or public health or safety hazard). Service so discontinued or shut off temporarily at the request of the consumer shall not be restored until a turnon fee has been paid to the Authority in addition to any charges of the public water supplier.

Water service under an application may be discontinued for any of the following reasons:

a. Application misrepresentation such as property or fixtures to be supplied or the use of the water supply.

b. For the use of sewage system to dispose of materials prohibited by Ordinance or the rules of the Johnstown Sewage Treatment Plant for any other property or purpose than that described in the application.

c. For the waste of water through improper or imperfect pipes, fixtures or otherwise. d. For failure to maintain, in good order, connections, service lines or fixtures for which consumer or owner is responsible.

e. For tampering, obstructing and/or vandalizing any service pipe, meter, curb stop, seal or other equipment owned by the Authority.

f. Cases where property served by the Authority becomes vacated. g. For any violation of the Authority's Policies, Procedures, Rules and Regulations. h. For neglecting to make payments of any charges established by the Authority.

I. For any connection or unrepaired leak which allows or creates the potential for any water or non sewage liquid to enter the main service line of the Authority.

j. The Authority shall have the right to cut off service without notice in cases of breakdowns or for other unavoidable causes, or for the purpose of making necessary repairs, connections, etc. reasonable notice will be give when practicable. In no case shall the Authority be liable for damage or for the inconvenience suffered.

k. For refusal of access to property by a representative of the Authority providing identification, for the purpose of inspection, meter reading, maintaining or removal of meters or other equipment of the Authority.

l. For the use of sewage system for any other property or purpose than that described in the application, including non residential uses which increase flows without reservation of capacity.

6.02 Inspection of Premises

Any authorized employee of the Authority upon the presentation of credentials shall have access at all reasonable hours to any premises supplied with water, for the purpose of reading meters, making inspections or repairs and securing such other information as may be deemed necessary by the Authority. Upon neglect or refusal on the part of the consumer to provide such access to the premises, service may be discontinued and in such case the Authority will not be liable for any damage or inconvenience suffered by the consumer. Where the Authority and consumer make an appointment for inspection correction or other purpose related to sewage service at a mutually convenient time and the meeting is canceled or missed by the customer, without 24 hours notice a missed appointment fee shall be assessed against the customers account.

ARTICLE VII. RESERVATIONS

7.01 Temporary Interruption of Service

As necessity may arise in case of break, emergency or other unavoidable cause, the Authority shall have the right temporarily to interrupt service in order to make necessary repairs or connections or to change or test the sewage system pursuant to the above mentioned Rules and Regulations adopted by the Pegasus Sewer Authority or in any other instance where the Authority has reason to believe that there exists a danger to the public or the property of the Authority. In such an event, the Authority will use all reasonable and practical measures to notify consumers of the proposed discontinuance of service, but will not be liable for any damage or inconvenience suffered by the consumer. The Authority shall not at any time be liable for any damage or inconvenience suffered by reason of an interruption in service, a lessening or decrease in supply or inadequate pressure due to any cause beyond the reasonable control of the Authority.

ARTICLE VIII MAIN EXTENSIONS

8.01 Main Extension Agreements

Owners of property requesting sewage service requiring the extension of the mains of the Sewage System shall pay that portion of the costs of such extensions including piping, fittings, manholes, pumps, any other necessary equipment or devices and all work incidental to such extensions including engineering fees, as the Authority shall in its absolute discretion determine. A deposit of $200.00 shall be paid towards enginering costs by anyone requesting a main extension. Return payments to the party paying for the cost of such extensions shall be made in accordance with the terms of a Main Extension Agreement, made a part of these Rules and Regulations and marked Exhibit "A".

All such extensions shall be constructed under the supervision of the Authority. At the time a connection is made to the Sewer System of the Authority, all sewer mains and equipment appurtenant shall become the sole property of the Authority. No extension of a sewer main shall be less than 6 inches in diameter, a larger diameter may required where potential for future additional taps exists beyond the development. No extension of a sewer main will be made across private property and no extension of a sewer main will be made before rough grading is completed in a new street. All main extensions shall be made to the middle point of frontage of the last lot or property to be served.

A person who constructs a Main extension which is directly tapped by another user (not by another Main extension), shall be entitled to repayment of an amount as set forth in the the Main Extension agreement.

EXHIBIT "A"

Pegasus Sewer Authority
MAIN EXTENSION AGREEMENT

AGREEMENT made this ____ day of , 19 , between ______________________________

______________________________party of the first part,

AND

The Pegasus Sewer AUTHORITY, a municipality Authority, organized and

existing under the laws of Pennsylvania, with offices at 1296 Clapboard Run Rd.., Johnstown,

Pennsylvania, hereinafter called "Authority."

WHEREAS, the party of the first part plans to install a _____inch pipeline in ___________

_____________________________________________________________________ as

shown on the accompanying drawing dated _____ , and plans to convey said pipeline to the

Authority in order to obtain water service through said line for the properties fronting thereon, and

whereas, the Authority after completion of said pipeline in accordance with its specifications is

willing to accept it as part of its system for operation under the provisions of its Rates, Rules and

Regulations.

NOW, THEREFORE, The parties hereto agree as follows:

(1) The party of the first part will grant and convey the pipe line described above to Pegasus Sewer Authority, and the Authority will accept said pipeline, which conveyance and acceptance shall become effective upon endorsement hereon.

(2) The party of the first part will furnish to the Authority, for accounting purposed, a certified statement of the total costs of the said pipeline.

(3) The Authority upon completion of the installation of said pipeline agrees to supply any of the owners or tenants of property fronting on said pipeline with water in accordance with its Rates, Rules and Regulations upon proper application being made therefor and payment of tapping fee.

(4) As and when structures abutting on said pipeline are completed, the prospective consumer's equipment installed, and the structure occupied by a bona fide owner or tenant who has entered into a contract for the use of the Authority's service, a return payment shall be made to the party of the first part, as each contract for individual service is executed, in the amount of $1,000.00; provided however, that when a sum equal to the original cost of the pipeline shall have been repaid to the party of the first part, or the expiration of the ten years from the date of this agreement, whichever is earlier, all obligations of the Authority hereunder shall cease.

(5) When it is deemed in the best interests of the Authority to relocate the service line of an existing consumer on to the extension installed under this agreement, the Authority will refund to the party of the first part twothirds of the amount due to be refunded for a service for a new consumer as set forth in the previous paragraph.

IN WITNESS WHEREOF, and Intending to be legally bound, the Parties have executed this
Agreement.

Witnessed by:___________________________ ____________________________________
Party of the First Part

Pegasus Sewer AUTHORITY

By_________________________________

NOW,________, ___, 19__ , the pipeline described above In this Agreement having been

completed and approved, the party of the first part for the consideration set forth above, hereby

grants and conveys said pipeline to Pegasus Sewer AUTHORITY, its

successors and assigns and Pegasus Sewer Authority hereby accepts said pipeline and

confirms its agreement to furnish water accordingly. Party of the First Part

Witnessed by:____________________________ ______________________________

Pegasus Sewer AUTHORITY

By___________________________________

ARTICLE IX. Changes in the Rules

9.01 The Authority reserves the right to change or amend from time to time, these Rules and
Regulations and the Rates for the use of the sewage collection system.

ARTICLE X. Hearings

10.01 Any customer or other person who believes they have been injured by the application of any rule, policy or other action of the Authority exercising an adjudicative power, shall have the right to a hearing under the provisions of the local public agency law. The Authority Board may appoint one or more of its members to act as a hearing officer for the purpose taking testimony and preparing a report and proposed findings to the Board. Any person requesting such a hearing shall pay with his request, the sum of $300.00 as a deposit against costs incurred in holding the hearing.

Latest Revision: January 7, 2003