§ 120.9. Excess use charges.
(a) Excess use charges.
(1) Excess use charges are a positive means of securing compliance with a plan. If a public water supply agency elects to include excess use charges in a plan, the maximum excess use charge authorized to be imposed is as follows:
First 2,000 gallons or portion thereof 5 times the actual rate charged for water Each 1,000 gallons or portion thereof thereafter 10 times the actual rate charged for water (2) Excess use charges may only be assessed against meter customers and shall be based upon actual meter readings.
(b) Water allotments. A residential or nonresidential water customer who exceeds the water allotments established by the plan shall be subject to an excess use charge. Public water supply agencies in the emergency service area are authorized to collect an excess-use charge based on the amount by which a water customer’s use exceeds the water allotment established in the plan. The charges will be specified in the plan.
(c) Disposition of excess use charges. Moneys collected by public water supply agencies through excess use charges may not be accounted for as income to the public water supply agency, but shall be placed in a reserve account. The disposition of funds placed in the reserve account shall be governed as follows:
(1) Funds collected by a public utility or a municipal corporation rendering services beyond its corporate limits shall be used to offset drought related costs as directed by orders and procedures adopted by the Pennsylvania Public Utility Commission.
(2) Funds collected by any public water supply agency not covered in paragraph (1) shall be used to offset drought-related costs.
(d) Additional penalties. In addition to the excess use charge, noncompliance with the plan may result in the following:
(1) For the first excess use, the public water supply agency will warn the water customer that its water use may be discontinued if the water customer continues its noncompliance practices.
(2) For the second excess use, the public water supply agency may interrupt or shut off service to the water customer for a period not to exceed 48 hours per incident. As an alternative, the public water supply agency may install a flow restriction in the water customer’s service line for the duration of the water shortage emergency. The cost incurred by the public water supply agency to interrupt or shut off and reinstate service, or to install and remove a flow restriction, shall be assessed to the water customer by the public water supply agency.
(e) Appeal of decision or action. A water customer aggrieved by a decision or action taken by a public water supply agency under the authority of this section may proceed in accordance with the following:
(1) Each public water supply agency shall adopt procedures which provide an opportunity for the water customer to rebut the finding of a violation or to present evidence of circumstances beyond the water customer’s control which resulted in the violation. Each public water supply agency shall keep a record of the evidence presented by the water customer concerning the disputed violations and shall provide the water customer with a written notice of its final decision and action in the case.
(2) A water customer aggrieved by the final decision or action of a water supply agency may file an appeal with the Pennsylvania Public Utility Commission, if the water supply agency is regulated by the Public Utility Commission, and in all other instances with the Court of Common Pleas in the county where the water service is provided, in accordance with 2 Pa.C.S. § § 551—555 and 751—754 (relating to the Local Agency Law).
Source The provisions of this § 120.9 adopted July 24, 1991, effective July 30, 1991, 21 Pa.B. 3495; amended July 6, 2001, effective July 7, 2001, 31 Pa.B. 3524. Immediately preceding text appears at serial pages (229913) to (229914).
Cross References This section cited in 4 Pa. Code § 118.4 (relating to contingency plans—public water supply agencies).
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