pwd regulations chapter 3, december 2013

8/13/2019 PWD Regulations Chapter 3, December 2013

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CHAPTER 3

RATES AND CHARGES

300.0 DEFINITIONS.

(a) Close of Record: The last day of publicinput hearings or technical review hearings,

whichever is later.

(b) Condominium Properties: Real estate,

portions of which are designated for separate

ownership and the remainder of which isdesignated for common ownership by the

owners of those portions.

(c) Current Rates and Charges: The current

rates and charges in the tariffs for water,sewer, and stormwater services provided by

the Philadelphia Water Department.

(d) Customer: An owner, Tenant or

occupant who by operation of law oragreement is responsible for payment of the

charges for water/sewer/stormwater service

at a Residential, Non-residential orCondominium Property.

(e) Department: The Philadelphia Water

Department is the operating department of

the City of Philadelphia with the duties,

powers and obligations set forth in theHome Rule Charter and the Philadelphia

Code. For all purposes related to the Rate

Change Proceeding, the Department shall beconsidered to include the Water Revenue

Bureau of the Revenue Department.

Nothing in these Regulations shall beconstrued to change, alter, or modify the

functions, powers, responsibilities or

authority of the Water Revenue Bureau orthe Department under the Home Rule

Charter or the ordinances of the City of

Philadelphia.

(f) Hearing Officer: The person who shall

preside over the Rate Change Proceeding

and shall have the powers and duties set

forth in Section 301.2 of these Regulations.

(g) Hearing Officer Report: The Hearing

Officer's recommended findings of fact,

recommended conclusions of law andrecommended decision on any proposals

concerning any rate, charge, rate structure

and/or tariff.

(h) Home Rule Charter: The Philadelphia

Home Rule Charter, as codified inPennsylvania First Class City Home Rule

Act, April 21, 1949 P.L. 665, 351 Pa. Code

1-100 et seq.

(i) Mcf: Thousand cubic feet. The quantitycharges in Chapter 3 are expressed in Mcf.

1 Mcf = 1,000 cubic feet = 7,480 gallons

(j) Municipal Stormwater System: Cityowned and maintained real property,

infrastructure or natural feature used and/or

constructed for purposes of transporting,conveying, retaining, detaining, or

discharging stormwater runoff.

(k) Non-residential Property: Real estate

which cannot be classified as either

Residential or Condominium. Real estateused exclusively as a cemetery shall not be

considered Non-residential property.

(l) Participant: Any person, corporation or

entity affected by the proposed change in

rates and charges who provides testimony inpublic input hearings.

(m) Party: Any individual, corporation orentity affected by the Department's proposed

rates and charges who notifies the

Department of Records or the Hearing

Officer of a desire to participate fully in thetechnical review hearings as a Party. A


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Party will participate on the same basis asthe Department and the Public Advocate.

(n) Philadelphia City Council: Thelegislative branch of the government of the

City of Philadelphia with the duties, powersand obligations set forth in the Home RuleCharter.

(o) Philadelphia Code: The body of laws andregulations enacted by the Philadelphia CityCouncil.

(p) Philadelphia Department of Records: Anoperating department of the City ofPhiladelphia with the duties, powers and

obligations set forth in the Home RuleCharter and the Philadelphia Code.

(q) Rate Change Proceeding: The process bywhich a change in rates, charges, ratestructure and/or tariff is authorized.

(r) Rate Determination: The WaterCommissioner's final decision as to theproposed changes in rates and charges.

(s) Property: Any parcel of real estateidentified in the records of the PhiladelphiaDepartment of Records.

(t)Property Owner: The owner of theparticular parcel of real estate identified inthe records of the Philadelphia Departmentof Records, or the grantee in a land transferof record.

(u) Residential Property: Real estate usedexclusively for residential purposes with atleast one and no more than four DwellingUnits. Property adjacent to ResidentialProperty owned and utilized exclusively bythe Residential Property owner forresidential uses. Upon proof submitted tothe Department, said properties shall bedeemed by the Department to form one

Residential parcel comprised of the Propertyand the Residential Property.

(v) Stormwater Management Practice(SMP): Any man-made structure that is

designed and constructed to detain,infiltrate, or otherwise control stormwaterrunoff quality, rate, or quantity.

(w) Surface Discharge: The discharge ofstormwater runoff from a property to anadjacent surface water body, without the useof City infrastructure.

(x) Undeveloped Property: Propertyclassified by the Board of Revision of Taxes

as SB, SC, SI, SR, or SS; Undevelopedrefers to the status of the property as havingno structures and is not related to whetherthe property has ever been developed.

(y) Water Commissioner: The WaterCommissioner of the City of Philadelphiawho performs the duties and obligations asset forth in the Philadelphia Home RuleCharter and the Philadelphia Code.

301.0 PROCESS FOR SETTINGWATER, SEWER ANDSTORMWATER MANAGEMENTSERVICE RATES AND CHARGES

301.1 Purpose.

Pursuant to Section 5-801 of the Home RuleCharter and in order to continue the WaterFund on a self-sustaining basis, thePhiladelphia Water Department fixes andregulates rates and charges for supplyingwater and sewage and stormwater disposalservices in accordance with standards set bythe Philadelphia City Council. Thesestandards are codified in Sections 13-101and 13-201 of the Philadelphia Code.Pursuant to these standards and thePhiladelphia Home Rule Charter, the


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Department promulgates the followingRegulations to obtain relevant commentsand information from any affected person,corporation or entity, regarding proposedchanges in rates and charges as established

in Sections 302.0, 303.0, 304.0, 305.0,306.0, 307.0, 308.0 and 309.0 of theseRegulations. All other changes to rates andcharges may be established consistent withthe Home Rule Charter and the PhiladelphiaCode.

301.2 Hearing Officer.

(a) Appointment. The Hearing Officer shallbe appointed by the Mayor, the President of

City Council, and the City Controller withinninety (90) days of the submission of theDepartments proposed change in rates andcharges to the City Council pursuant toSection 301.5(a) of these Regulations.

(b) Compensation. The Hearing Officer shallreceive compensation pursuant to the termsof the contract between the Hearing Officerand the City of Philadelphia.

(c) Duties. The Hearing Officer shall havethe duty, power and authority to:

(1) Schedule all public input hearingsand technical review hearings including timeand locations;

(2) Conduct and preside over all publicinput hearings and technical reviewhearings;

(3) Make rulings on any requests forinformation and resolve any proceduraldisputes;

(4) Prepare the Hearing OfficerReport, which shall be based on the HearingRecord;

(5) Submit the Hearing Officer Reportto the Water Commissioner and all Parties;and

(6) Make all procedural rulings

necessary to conduct a fair, impartial andexpeditious hearing process.

(d) The Hearing Officer has no authority,power, or right to make any ruling which iscontradictory to these Regulations, thePhiladelphia Code, the Home Rule Charter,or the existing laws of the Commonwealthof Pennsylvania.

301.3 Computation of Time.

(a) In computing any time(s) set forth inthese Regulations, the following shall apply:

Day(s): Unless otherwise stated, days shallmean calendar days. If the last day is aSaturday, Sunday or a legal holiday for theCity of Philadelphia, the deadline shall bethe next regularly scheduled business day.

(b) Regular business hours: This shall meanthe business hours of the Department andgenerally, unless specifically stateddifferently, means 9:00 a.m. to 4:45 p.m.

301.4 Public Advocate.

(a) Appointment.

(1) A Public Advocate shall beappointed by the Mayor, the President ofCity Council and the City Controller uponreceiving notice from the WaterCommissioner that changes in the currentrates and charges are proposed by theDepartment.

(2) If the City of Philadelphiaestablishes an Office of Consumer Advocate


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or a similarly designated office, that officemay act as the Public Advocate.

(b) Duties.

(1) The Public Advocate shall have theresponsibility of representing the class ofresidential customers in the Rate ChangeProceedings.

(2) The Public Advocate shall be aParty in the Rate Change Proceedings.

(c) Compensation.

(1) The Public Advocate shall receive

compensation pursuant to the terms of thecontract between the Public Advocate andthe City of Philadelphia.

(2) Any contract between the City ofPhiladelphia and the Public Advocate for theRate Change Proceedings shall not coverany appeal of the Rate ChangeDetermination.

301.5 Notification of Proposed Changes inRates and Charges.

(a) Notice to City Council.

The Department's proposed change in ratesand charges shall be submitted to the CityCouncil at least thirty (30) days in advanceof filing the proposed change in rates andcharges with the Department of Records.The submission to City Council shallinclude full documentation of the projectedrevenues and expenses of the Departmentand significant engineering, operating andfinancial issues which the Departmentproposes as justification of the proposedchanges in rates and charges.

(b) Department of Records

No sooner than thirty (30) days after theDepartment's proposed change in rates andcharges have been submitted to City

Council, the proposed change in rates andcharges shall be filed with the Departmentof Records in accordance with the HomeRule Charter 8-407 and public notice shallbe published in accordance with theregulations of the Department of Recordsand these Regulations.

(c) Public Notice.

(1) Upon notice to City Council and

thereafter until the close of the hearingrecord, notice of the Departments proposedchanges in rates and charges, including theestimated average percentage residential billincrease, shall be posted in conspicuouslocations in all PWD and WRB officeswhich accept customer payments or whichprovide direct customer services. This noticeshall include the name and telephonenumber of a Department representative, aswell as that of the Hearing Officer and thePublic Advocate.

(2) After submitting notification ofthe proposed change in rates and charges tothe Department of Records, notice of theproposed change in rates and charges shallbe advertised one day per week, for threeconsecutive weeks, in prominent location inat least two newspapers with the largestcirculation published in Philadelphia withdaily editions. Additional advertisementsshall also be published in newspapers withsignificant community circulation, as theDepartment deems feasible. Theadvertisement shall state that theDepartments proposed change in rates andcharges may be examined at designatedlocations and shall state an estimate of theaverage percentage residential bill increase.


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Financial, engineering and other relevantdata upon which the Department's proposedchange in rates and charges are based shallbe available for public inspection atlocations and at times set forth in the public

notice.

(3)The times, dates and locations ofthe pre-hearing conference and all hearingson the Departments proposed change inrates and charges shall be advertised in atleast two newspapers with the largestcirculation published in Philadelphia withdaily editions at least three (3) days beforeeach hearing, except as permitted in Section301.6(d) of these Regulations. Additional

advertisements shall also be published innewspapers with significant communitycirculation, as the Department deemsfeasible.

301.6 Public Input Hearings.

(a) The purpose of the public input hearingsis as follows:

(1) to permit any affected person,corporation or entityto provide relevantinformation, comments and documents tothe Department; and

(2) to assist the Department in thecollection of data relevant to its proposedchanges in rates and charges; and

(3) to provide public access toDepartment personnel for explanationsand/or answers to relevant inquiriesregarding the reasons for the proposedchanges in rates and charges.

(b) The public input hearings shall be heldafter the Departments proposed change inrates and charges has been filed with thePhiladelphia Department of Records.

(c) The Hearing Officer shall schedule allpublic input hearings. A minimum of four(4) public input hearings shall be held.Additional public input hearings may bescheduled at the Hearing Officers

discretion. At least one of these four (4)public input hearings shall be scheduled on aday no sooner than thirty-one (31) days afterthe filing of the Department's proposedchange in rates and charges with theDepartment of Records. The Hearing Officershall make reasonable efforts to schedulepublic input hearings at locations and timesthat are accessible to the general public.

(d) Notice of public input hearings shall be

advertised pursuant to Section 301.5(c)(3) ofthese Regulations, except that once a publicinput hearing has been convened by theHearing Officer, the hearing may becontinued to another time, date or locationby the Hearing Officer without anyadditional notice under Section 301.5(c)(3)of these Regulations.

(e) Participation at Public Input Hearings.

(1) In writing. Members of the publicare encouraged to submit their concerns andinformation in writing. Written submissionsprovide the Hearing Officer and theDepartment with clear documentation of thepublic's concern. No particular form isrequired, but submissions must be legible,signed and mailed to or delivered to theHearing Officer at or before the public inputhearing at which the document is enteredinto the record. The Hearing Officer shallmake arrangements for all documents to beavailable to any Participant.

(2) Oral. Participants may presentconcerns and information orally at the publicinput hearings. Time limits for presentationsmay be established by the Hearing Officeras necessary or desirable.


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(3) Questions. Department

representatives will be present at the publicinput hearings to respond to relevantquestions regarding the proposed change in

rates and charges.

(f) Information and comments provided inoral or written form accepted by the HearingOfficer shall be part of the record.

(g) A stenographic record shall be made ofall public input hearings.

(h) Presentations at the public input hearingsshall not be under oath or affirmation.

301.7 Technical Review Hearings andReports.

(a) The purpose of this section is to permitthe Department and other Parties to establisha record supporting their proposals andaddressing other proposals submitted in theRate Change Proceeding.

(b) Technical Review Hearing.

(1) The Hearing Officer shall use bestand most timely efforts to conform thetechnical review hearings and relatedprocess to the timeframes set forth herein toensure that the Hearing Officer's Report,based upon a fully briefed record, issubmitted 125 days from the submission ofproposed changes in rates and charges toCity Council.

(2) Within thirty (30) days of thesubmission of the Departments proposedchanges in rates and charges to CityCouncil, the Hearing Officer shall schedulea pre-hearing conference.

(3) Within forty-five (45) days ofsubmitting its proposed changes in rates and

charges to City Council, the Departmentshall present its representatives forquestioning by counsel of the Parties.

(4) After the conclusion of questioning

of Department representatives by otherParties, such other Parties shall file theirinitial position papers with the HearingOfficer, including all supporting documentsand work papers to the extent practicable.This filing shall be made within seventy-five(75) days of the Departments submission ofproposed changes in rates and charges toCity Council.

(5) Seven (7) days after the filing of

post hearing briefs all Parties and theDepartment may file a reply brief.

(6) Rebuttal and surrebuttal positionsmay be submitted for the Hearing Recordorally or in writing, and expeditiouslyquestioned thereafter and before filing ofpost hearing briefs unless all Parties waivesuch rebuttals.

(7) All hearings shall be completedand the record shall close no later thanninety (90) days after the Departmentssubmission of proposed changes on ratesand charges to City Council.

(8) Within fourteen (14) days of theclose of the hearing record, all Parties andthe Department may file a post hearing brief.

(9) Seven (7) days after the filing ofpost hearing briefs, all Parties and theDepartment may file a reply brief.

(10) A stenographic record shall bemade of all technical review hearings.

(11) Presentations at the technicalreview hearings shall not be under oath oraffirmation.


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(c) Information Exchange.

(1) Parties shall be granted reasonableinformation gathering rights so as to permitdevelopment of a complete hearing record.

Requests shall be streamlined as much aspracticable and be consistent with the needfor timely decision making by the HearingOfficer.

(2) Information requests may be oralor in writing, and may include but are notlimited to: requests for data; documents;answers to questions or informal meetings.

(3) Upon the request of a Party or the

Department in the technical review hearings,responses to information requests shall beincluded in the Hearing Record uponacceptance by the Hearing Officer.

(4) Responses to information requestsshall be provided as soon as available andnot more than ten (10) days after requestsare made. Any objections to informationrequests shall be served on all active Partiesand the Hearing Officer within five (5) daysafter receipt of the request.

(5) Information requests shall beongoing until the commencement oftechnical review hearings provided,however, that after the beginning of thetechnical review hearings,data requests notinconsistent with milestones hereindescribed shall be permitted until the closeof the Hearing Record.

(6) Promptly following the submissionof the Parties' position papers, the Parties'technical experts shall be made available forinformal questioning.

(7) The Hearing Officer shall not bebound by formal rules of procedure exceptas the Hearing Officer has determined and

has ruled are appropriate for the purpose ofcompiling a full record.

(8) Notice of technical review hearingsshall be advertised pursuant to Section 301.5

(c)(3)of these Regulations, except that oncea technical review hearing has beenconvened by the Hearing Officer, thehearing may be continued to another time,date or location by the Hearing Officerwithout any additional notice under Section301.5(c)(3) of these Regulations.

301.8 Hearing Record.

(a) The Hearing Record shall consist of the

following:

(1) The Department's proposed changein rates and charges.

(2) All financial, engineering and otherrelated data submitted by the Department toCity Council and/or the Department ofRecords.

(3) All information accepted into therecord by the Hearing Officer, from both thepublic input hearings and the technicalreview hearings.

(4) The stenographic record of thepublic hearings and technical reviewhearings.

301.9 Decision on Changes in Rates andCharges.

(a) Within fourteen (14) days of the due datefor reply briefs, the Hearing Officer shallsubmit the Hearing Officers Report to theWater Commissioner. All Parties shall besent a copy of the Hearing Officer Report.

(b) The Water Commissioner, in making theRate Determination on the proposed changes


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in rates and charges, shall fully consider andgive substantial weight to the HearingOfficer's Report and the Hearing Record.The Rate Determination shall makereference to sections of the Hearing Record

supporting the conclusions contained in theRate Determination. The WaterCommissioner may accept, reject or modifyall or any parts of the Hearing OfficersReport. Should the Water Commissionerhave cause to reject or modify all or anyparts of the Hearing Officers Report, theRate Determination shall state the reasonsfor the modification or rejection in the RateDetermination, making reference to thoseportions of the Hearing Record supporting

the Rate Determination.

(c) The Rate Determination of the WaterCommissioner shall include instructions tothe Department to prepare a new tariffincorporating the new rates and charges andany changes in rate structure or terms ofservice and other issues included in the RateDetermination. The new tariff shallconform to the Rate Determination.

(d) The Rate Determination of the WaterCommissioner shall be filed with theDepartment of Records and shall be sent toall Parties.

(e) The effective date of the changes in therates and charges shall be the date set in theRate Determination but shall not be soonerthan ten (10) days after the new rates andcharges are filed with the Department ofRecords.

301.10 Conformity with Existing Law.

Nothing contained in these Regulations shallbe deemed to overrule or annul any existingprovisions of the Home Rule Charter or thePhiladelphia Code.

301.11 Severability.

If any provision, paragraph, word or sectionsof these Regulations is invalidated by anycourt of competent jurisdiction, the

remaining provisions, paragraphs, words andsections shall not be affected and shallcontinue in full force and effect.

302.0 WATER CHARGES

Charges for water service supplied by theCity of Philadelphia shall be effective onJanuary 1, 2013, as follows:

302.1 General Customers.

Charges for the supplying of water shall bedetermined and billed as follows:

(a) Charges and billing in general.

(1) Water charges shall consist of aservice charge and quantity charge.

(2) A service charge shall be billedmonthly.

(3) As set forth in Section 302.1(b) ofthese Regulations, the type and size of themeter shall determine the service charge.

(4) In addition, there shall be a quantitycharge as provided herein for water used in amonthly billing cycle, either as metered oras estimated.

(5) Quantity charges shall be billed formonthly cycles as provided herein. Thecycle shall be the period between the datesof scheduled metered readings, actual orestimated.


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(b) Monthly service charges.

(1) Effective January 1, 2013, throughJune 30, 2013, the monthly service chargefor the various types and sizes of meters

shall be as follows:

Size Code Charge

5/8 R $6.123/4 Z 7.11

1 Q 9.511 -1/2 P 14.89

2 X 22.103 O 38.074 W 66.21

6 N 128.308 V 200.3310 E 290.5612 T 510.02

Residential Fire Sprinkler System MetersSize Code Charge

3/4 Z 8.961 Q 11.36

1 -1/2 P 16.742 X 23.95

(2) For the one-year period from July 1, 2013through June 30, 2014the monthly servicecharge for the various types and sizes of meters shallbe as follows:

Size Code Charge

5/8 R $6.443/4 Z 7.47

1 Q 9.971 -1/2 P 15.56

2 X 23.063 O 39.694 W 69.056 N 133.738 V 208.72

10 E 302.78

12 T 530.87


3/4 Z 9.421 Q 11.921 -1/2 P 17.51

2 X 25.01

(3) Effective July 1, 2014, andthereafter, the monthly service charge forthe various types and sizes of meters shall beas follows:

Size Code Charge

5/8 R $6.463/4 Z 7.49

1 Q 9.981 -1/2 P 15.56

2 X 23.053 O 39.644 W 69.006 N 133.608 V 208.47

10 E 302.4312 T 530.00


3/4 Z 9.441 Q 11.93

1 -1/2 P 17.512 X 25.00

(c) Quantity charges

In addition to the service charge, thequantity charge portion of each bill isdetermined by applying the quantity chargeset forth below to all water use.


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(1) Effective January 1, 2013, through June30, 2013,the quantity charge portion of eachbill shall be as follows:

1 Mcf = 1,000 cubic feet = 7,480 gallons.

Monthly WaterUsage

Charge Per Mcf

First 2 Mcf(0 to 2 Mcf)

$35.63

Next 98 Mcf(2.1 to 100 Mcf)

28.64

Next 1,900 Mcf(100.1 to 2,000 Mcf)

26.30

Over 2,000 Mcf 19.48

(2) For the one-year period from July 1,2013 through June 30, 2014,the quantitycharge portion of each bill shall be asfollows:

Monthly WaterUsage

Charge Per Mcf


$37.12

Next 98 Mcf

(2.1 to 100 Mcf)

30.20

Next 1,900 Mcf(100.1 to 2,000 Mcf)

27.56

Over 2,000 Mcf 20.93

(3) Effective July 1, 2014, and thereafterthe quantity charge portion of each bill shallbe as follows:

Monthly WaterUsage

Charge Per Mcf


$39.05

Next 98 Mcf(2.1 to 100 Mcf)

31.54

Next 1,900 Mcf(100.1 to 2,000 Mcf)

28.95

Over 2,000 Mcf 21.98

(d) Temporary Transitional Provisions:Some special customers whose charges arenow based on meter size may find that theyare in fact 'over-metered' - their metered

service is too large for their actualrequirements and results in excessive bills.They may apply for a downward revision inthe size of their meters. After the approvalof the Department, the revision of plumbingarrangements and the installation of smallermeter, the lower charge by meter size shallapply.

303.0 SEWER CHARGES

Charges for sewer service supplied by theCity of Philadelphia shall be effective onJanuary 1, 2013, as follows:

303.1 General Customers.

(a) All customers discharging wastewaterinto the Citys wastewater system shall paysewer charges as set forth in Section 303.3of these Regulations. In addition to thecharges set forth in Section 303.3 of theseRegulations, all customers dischargingwastewater whose pollutant content isgreater than the pollutant content of NormalWastewater, as defined below in Section303.1(b) of these Regulations, shall pay anadditional surcharge as set forth in Section303.4 of these Regulations.

(b) Normal Wastewater subject to theregular sewer charges set forth in Section303.3 of these Regulations is thatwastewater which contains 250 milligramsper liter or less of five day biochemicaloxygen demand (BOD5) and 350 milligramsor less per liter or less of suspended solids(SS).

(c) Wastewater subject to the surcharge setforth in Section 303.4 of these Regulations


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is that wastewater which contains eithermore than 250 milligrams per liter of BOD5or more than 350 milligrams per liter of SS,or both.

303.2 Charges.

(a) Sewer charges shall consist of a servicecharge and a quantity charge.

(b) A service charge shall be billed monthly.

(c) As set forth in Section 303.3(a) of theseRegulations, the size of the meter shalldetermine the service charge.

(d) In addition, as set forth in Section303.3(b) of these Regulations, there shall bea quantity charge for sewer service in amonthly billing cycle, either as metered oras estimated.

(e) Quantity charges shall be billed formonthly cycles as provided herein. Thecycle shall be between the dates ofscheduled metered readings, actual orestimated. Quantity charges imposed shallbe based on the water usageof the Propertyserved.

303.3 Regular Sewer Charges.

(a) Monthly service charges shall bedetermined and billed as follows:

(1) Effective January 1, 2013, throughJune 30, 2013, the monthly service chargefor the various sizes of meters shall be asfollows:

Size Code Charge

5/8 R $6.303/4 Z 7.72

1 Q 10.891 -1/2 P 18.32

2 X 27.863 O 49.414 W 84.676 N 165.868 V 261.21

10 E 377.6712 T 678.16


3/4 Z 6.301 Q 6.30

1 -1/2 P 6.302 X 6.30

(2) For the one (1) year period fromJuly 1, 2013,through June 30, 2014, themonthly service charge for the various sizesof meters shall be as follows:

Size Code Charge

5/8 R $ 6.363/4 Z 7.81

1 Q 11.051 -1/2 P 18.63

2 X 28.353 O 50.344 W 86.216 N 168.958 V 266.14

10 E 384.7512 T 691.38


3/4 Z 6.361 Q 6.36

1 -1/2 P 6.362 X 6.36

(3) Effective July 1, 2014, andthereafter, the monthly service charge for


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the various sizes of meters shall be asfollows:

Size Code Charge

5/8 R $ 6.553/4 Z 8.041 Q 11.39

1 -1/2 P 19.242 X 29.313 O 52.074 W 89.156 N 174.778 V 275.38

10 E 398.0712 T 715.77


3/4 Z 6.551 Q 6.55

1 -1/2 P 6.552 X 6.55

(b) Quantity charge

In addition to the service charge, thequantity charge portion of each sewer bill isdetermined by applying the quantity chargerate shown below to all water use.

1 Mcf = 1,000 Cubic Feet = 7,480 gallons

(1) Effective January 1 2013, throughJune 30, 2013, the quantity charge shall be$24.74 per Mcf.

(2) For the one (1) year period from July1, 2013, through June 30, 2014, the quantitycharge shall be $26.19 per Mcf.

(3) Effective July 1, 2014, andthereafter, the quantity charge shall be$28.07 per Mcf.

303.4 Surcharge.

(a) Effective January 1 2013, through June30, 2013, the surcharge for wastewater bydefinition in excess of Normal Wastewater

shall be fixed at thirty-one cents ($0.310)per pound of pollutants received into thewastewater system in excess of 250milligrams per liter of BOD5and twenty-nine and two-tenths cents ($0.292) perpound of pollutants received into thewastewater system in excess of 350milligrams per liter of SS.

(b) For the one year period from July 1,2013, through June 30, 2014, , the surcharge

rate for BOD5will be increased to thirty-twoand seven-tenths cents ($0.327) per poundand the rate for SS will be increased tothirty-one cents ($0.310) per pound.

(c) Effective July 1, 2014, and thereafter, thesurcharge rate for BOD5will be increased tothirty-five cents ($0.350) per pound and therate for SS will be increased to thirty-threeand two-tenths cents ($0.332) per pound.

(d) The BOD5and SS of wastewater shall be

determined from samples taken on theCustomer's Property at any period or timeand of such duration and in such manner asthe Department may prescribe or at anyplace mutually agreed upon between theCustomer and the Department. With priorwritten approval of the Department, theresults of routine sampling and analyses bythe Customer may be used in determiningthe amount of the surcharge.

(e) If, in the Department's judgment,sampling of wastewater is neither feasiblenor practical, the Department, for billingpurposes, may base BOD5and SS of thewastewater on sampling results for similardischarge and/or values obtained fromtechnical literature.


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(f) Customers discharging wastewatersubject to the surcharge shall, as prescribedby the Department:

(1) Install and maintain such facilitiesfor sampling and measuring the wastewaterdischarged from their properties; and

(2) Maintain such records andinformation deemed necessary for thedetermination of the surcharge.

(g) Customers, as required from time totime, shall file with the Departmentresponses to a questionnaire establishing or

revising pertinent information on thequantity of flow and the quality ofwastewater and other data deemed necessaryfor the determination of the surcharge.

(h) Measurements, tests and analyses of thecharacteristics of wastewater subject tosurcharge shall be determined in accordancewith the latest edition of Standard Methodsfor the Examination of Water and

Wastewater, published jointly by theAmerican Public Health Association, theAmerican Water Works Association(AWWA) and the Water EnvironmentFederation (WEF).

(i) The surcharge shall be applied to the totalwastewater discharged less any portionexcluded by the Department.

303.5 Sewer Credits.

Pursuant to Section 13-201(4) of thePhiladelphia Code, the method of creditingwater users sewer bills for City water usedbut not discharged into the wastewaterdisposal system shall be as follows.

(a)Eligibility. Where commercial andindustrial facilities that use City water do

not discharge all of such water into thewastewater system, the quantity of suchwater may be excluded in determining theproper sewer charge, provided that:

(1) at least 5% of water used, or

(2) 225,000 cubic feet per year,whichever is less, is not discharged into thewastewater system.

(b)Determination of the Amount ofExclusion. To determine the amount of suchexclusion the Customer shall install a meteror measuring device satisfactory to theDepartment provided that, if in the opinion

of the Department, it is not feasible to installa meter or measuring device, some othersatisfactory method of measuring (creditfactor) may be designated by theDepartment on application of the Customer.

(c)Fee for Application. When the Customerapplies to the Department for adetermination on the quantity of water to beexcluded by some method other thanmetering of the sewer, or re-applies for arevised method measuring a larger quantityof water to be excluded, there shall becharge of one hundred and fifty dollars($150) for the review of such application.

(d)Effective Date of Credits and ApprovedCredit Factors. Credits on a water userssewer bills for quantities of water used butnot discharged into the wastewater disposalsystem shall be effective from thesubmission date of an approved application.In order to be reviewed for approval,applications shall be complete, submitted onforms provided by the Department and shallbe accompanied by a check payable to theCity of Philadelphia in the amount requiredin Section 303.5(d) of this Regulation. Nocredits shall be made retroactively.


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(e)Review of Approved Credit Factors. TheDepartment reserves the right to reviewapproved credit factors. Customers may,from time to time, be required to submitcurrent water use and sewer discharge

information. Customers may also berequired to submit new applications for thecredit factor. Failure to comply with theDepartments requests for information ornew applications may result in terminationof the Customers credit factor.

(f)Failure to Inform the DepartmentofIncreased Sewer Use. Customers with creditfactors who fail to inform the Department ofincreased discharges to the wastewater

system shall be subject to the imposition ofthe full charges for sewer use based on totalwater usage from the most recent applicationdate, with applicable interest. In addition,the Department may impose a fine of threehundred dollars ($300) for each billingperiod from the application date.

304.0 STORMWATER MANAGEMENTSERVICE CHARGES

Charges for Stormwater ManagementServices (SWMS) supplied by the City ofPhiladelphia shall be effective January 1,2013 as follows:

304.1 Charges.

All properties within the City shall be billeda SWMS charge.

304.2 Residential Properties.

All Residential Properties shall be charged amonthly SWMS charge and a monthlyBilling and Collection charge as follows:

(a) Effective January 1, 2013,through June30, 2013, all Residential Properties shall becharged the rates listed below:

SWMS Billing & Collection

$10.51 $1.59

(b) During the one year period from July 1,2013, through June 30, 2014, ResidentialProperties shall be charged the rates listedbelow:


$11.80 $1.65

(c) Effective July 1, 2014, and thereafter,Residential Properties shall be charged therates listed below:


$12.46 $1.69

(d) Residential Properties which do nothave sewer service and which also havepreviously been charged only for waterservice shall be charged as follows:

(1)From July 1, 2012 through December31, 2012three-fourths of the followingmonthly SWMS and Billing and Collectioncharges shall apply:


$11.06 $2.60

(2) From January 1, 2013 through June30, 2013 three-fourths of the monthlySWMS and Billing and Collection chargesshown in Section 304.2(a) shall apply.

(3)From July 1, 2013 and thereafter themonthly SWMS and Billing and Collection


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charges shall be as specifiedin Sections304.2 (b) & (c).

304.3 Non-Residential Properties.

All Non-Residential Properties shall becharged a monthly SWMS charge and amonthly Billing and Collection charge asfollows:

(a) Transition to charges based on propertysize and characteristics.

(1) During the six (6) monthperiodfrom July 1, 2012 through December 31,2012, Non-residential Properties shall be

charged one-fourth the rate in Section304.3(b)(1) and three-quarters the ratecalculated for the property in Section304.3(c)(5)(i)

(2) During the six (6) month periodfrom January 1, 2013 through June 30, 2013,Non-residential Properties shall be chargedone-fourth the charge in Section 304.3(b)(2)and three-quarters the charge calculatedbased on the property area-based ratesshown in Section 304.3(c)(5)(ii).

(3) Effective July 1, 2013 andthereafter, Non-Residential Properties shallbe charged utilizing the property area-basedrates shown in Section 304.3(c)(5)(iii)&(iv).

(b) Meter-based monthly charges for SWMS.

(1) For the six (6) monthperiodfromJuly 1, 2012, through December 31,2012 the monthly meter-based charge for thevarious meter sizes shall be as follows:

Size Code SWMS Billing & Collection5/8 R $11.06 $2.603/4 Z 72.12 2.60

1 Q 120.20 2.86

1 -1/2 P 240.39 3.122 X 384.62 3.903 O 721.15 5.214 W 1,201.92 10.416 N 2,403.83 18.22

8 V 3,846.14 26.0310 E 5,528.80 39.0512 T 10,336.50 52.06

(2) For the six (6) month periodfrom January 1, 2013, through June 30, 2013the monthly meter-based charge for thevarious meter sizes shall be as follows:

Size Code SWMS Billing & Collection

5/8 R $10.51 $1.783/4 Z 84.25 1.781 Q 140.42 1.78

1 -1/2 P 280.84 1.782 X 449.34 1.783 O 842.52 1.784 W 1,404.19 1.786 N 2,808.39 1.788 V 4,493.43 1.78

10 E 6,459.29 1.7812 T 12,076.08 1.78

(c) Non-residential Properties shall becharged based on the Gross Area (GA) ofthe Property and the Impervious Area (IA)of the Property.

(1) GA includes all of the Propertyarea within the legally described boundariesexcept streets, medians, and sidewalks in thepublic right-of-way.

(2) IA includes surfaces which arecompacted or covered with material thatrestricts infiltration of water, including semi-pervious surfaces such as compacted clay,most conventionally hard-scaped surfacessuch as streets, driveways, roofs, sidewalks,parking lots, attached and detachedstructures, and other similar surfaces.


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(i) For Non-residential

Properties with less than 5,000 square feetGA, the IA shall be estimated as apercentage of GA.

(A) For UndevelopedProperty as defined in Section 300.0, the IAshall be 25% of the GA.

(B) For otherProperties, the IA shall be 85% of the GA.

(3) In determining the GA Factor andIA Factor of a Property for the SWMScharge, the Department shall use increments

of 500 square feet rounding up to the nexthighest increment.

(4) Calculating the Monthly SWMScharge. The monthly SWMS charge foreach Non-residential Property is calculatedby:

(i) dividing the GA in squarefeet by 500 and rounding up to the nextwhole unit to determine the GA Factor, thenmultiplying the GA Factor by the GA Rateto determine the GA charge;

(ii) dividing the IA in squarefeet by 500 and rounding up to the nextwhole unit to determine the IA Factor, thenmultiplying the IA Factor by the IA Rate todetermine the IA charge;

(iii) the addition ofthe GAcharge and the IA Charge equalsthe SWMScharge; and

(iv) the addition of theSWMS charge and the Billing andCollection charge together equals the totalmonthly stormwater charge.

(5) Rates for GA, IA and Billing andCollection.

(i) For the six (6) monthperiod from July 1, 2012, through December

31, 2012,the Rates shall be as follows:

GA IA Billing & Collection($/500 s.f.) ($/500 s.f.)

0.528 4.169 $2.65

(ii) For the six (6) monthperiod from January 1, 2013, through June30, 2013,the Rates shall be as follows:


0.500 4.001 $1.98

(iii) For the one year periodfrom July 1, 2013, through June 30, 2014,the Rates shall be as follows:


0.560 4.497 $2.15

(iv) Effective July 1, 2014,and thereafter, the Rates shall be as follows:


0.590 4.746 $2.19

(6) Minimum Monthly Charges.Non-residential Properties shall be subject toa minimum monthly charge. If the monthlycharge calculated in Section 304.3(c)(4) isless than the monthly charges listed belowthen the monthly charges below shall bebilled to the Property.


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(i) For the six (6) monthperiod from January 1, 2013 through June30, 2013, the minimum monthly chargesshall be as follows:


$10.51 $1.98

(ii) For the one year periodfrom July 1, 2013, through June 30, 2014,the minimum monthly charge shall be asfollows:


$11.80 $2.15

(iii) Effective July 1, 2014,and thereafter, the minimum monthlycharges shall be as follows:


$12.46 $2.19

(7) Adjustment Appeal Procedure.

(i) Customers may appealthe GA and/or IA calculations, propertyclassification, or charge distributionof theirproperty.

(ii) Adjustments shall bemade using forms and procedures as definedby the Credits and Adjustment AppealsManualand sent to:

Philadelphia Water DepartmentSWMS Charge Appeals

1101 Market Street4

thFloor

Philadelphia, PA 19107-2994

(iii) Adjustments to the GAand/or IA determination are separate anddistinct from the billing review proceduresestablished by Section 19-1702 of thePhiladelphia Code.

(iv) Thegrounds supportingthe adjustment shall be statedin writing, andincludeany exhibits, such as photographs,drawings or maps, site plans, and affidavitsthat support the claim. In addition, a landsurvey prepared by a registered surveyorshall be attached showing all DwellingUnits, total property area, type of surfacematerial and impervious area, asappropriate, and any other information

requested in writing by the Department. TheDepartment may waive the submission of aland survey, if the Department determinesthat the survey is not necessary to make adetermination on the appeal.

(v) The Customer filing theappealis solely responsibleto demonstrate,by clear and convincing evidence, that theGA and/or IA square footage informationused by the Department, from which theadjustmentappeal is being taken, iserroneous.

(vi) The filing of a notice ofan adjustmentappeal shall not stay theimposition, calculation or duty to pay theSWMS charge.

(vii) If the adjustment appealresults in a revised GA and/or IAcalculation, correction of propertyclassification, correction of parcelidentification, or revisions to the defaultcharge allocation, then the adjusted SWMSCharge will be effective from the of receiptof the Adjustment Appeals Application.

(8) Multiple Accounts Serving OneProperty. Where there are multiple water


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accounts on a single Property, the entireSWMS charge of that Property shall bedivided equally among the accounts. Eachaccount shall also be billed a Billing andCollection charge. Property Owners shall

have the opportunity to request analternative allocation of the SWMS Charge.

304.4 Condominium Properties.

(a) Condominium Properties shall becharged SWMS and Billing and Collectioncharges on the same terms as Non-residential Properties under Section 304.3,but shall be billed as follows:

(1) Condominium Properties with asingle water meter account shall be billedsuch that the entire SWMS charge of thecondominium complex property plus aBilling and Collection Charge are billed tothat single account.

(2) Condominium Properties withindividual water meter accounts for eachunit shall be billed such that the entireSWMS charge of the condominium complexproperty shall be divided and billed equallyto each individual account. In addition, eachaccount shall be billed a Billing andCollection Charge.

(3) Condominium Properties withmore than one water meter, but withoutindividual water meters for each unit, shallbe billed such that the entire SWMS chargeof the condominium complex property shallbe divided equally among the accounts.Each account shall also be billed a Billingand Collection Charge. The CondominiumOwners Association shall have theopportunity to request an alternativeallocation of the SWMS charge.

304.5 SWMS Credits

(a) Eligibility.

(1) Accounts on Non-residential and

Condominium properties must be current tobe eligible for credits.

(2) The Customer shall make theProperty available for inspection by theDepartment and provide all necessarydocumentation for purposes of verifying theappropriateness of a SWMS credit(s).

(3) The Customer shall fulfill creditrequirements, as described in Section

304.5(c) below, in accordance with themaintenance guidelines as prescribed by theDepartment, including any and all inspectionand reporting obligations.

(b) Classes of Credits. There are threeclasses of credits: IA Credit, GA Credit, andNPDES Credit. TheIA Credit providesareduction to the IA Charge; the GA Creditprovides a reduction to GA Charge; and theNPDES Credit provides reduction to thetotalSWMS Charge. A Property may beapproved for credits from each of the threeclasses; however,if the resulting SWMSCharge after the application of any credits isless than the Non-residential minimummonthly charge, then the minimum monthlycharge will apply.

(c) Credit Requirements.

(1) IA Credit. IA Credit is availablefor the portion of IA on a property wherestormwater runoff is managed (IAManaged). IA Managed is achieved asfollows:

(i) For areas of the property thatmeet the requirements of the followingImpervious Area Reductions (IAR), as


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described in the Stormwater Credits andAdjustment Appeals Manual, a directreduction in the billable IA may be applied:

(A) Rooftop disconnection,(B) Pavement disconnection,

(C) Tree canopy coverage,(D) Green roof, or(E) Porous pavement.

(ii) For non-Surface Discharges, thecustomer must demonstrate management ofthe first inch of stormwater run-off in one ofthe three following ways:

(A) infiltration,

(B) detention and slowrelease, and/or

(C) routing through anapproved volume-reducing SMP.

(iii) For Surface Discharges, theCustomer must demonstrate that a portion orall of the impervious area discharges directlyto a surface water body.

(2) GA Credit.

(i) Impervious area only.Impervious area shall receive a GA creditbased on the criteria defined in Section304.5(c)(1)(ii) and (iii) herein.

(ii) Open Space area only.Open Space area is non-impervious area andis calculated as GA minus IA. TheCustomermust demonstrate a NaturalResource Conservation Service CurveNumber (NRCS-CN) below a certain valueas described in the Credits and AdjustmentAppeals Manual.

(3) National Pollutant DischargeElimination System (NPDES) Credit. TheCustomermust demonstrate the property is

subject to and in compliance with a NPDESPermit for industrial stormwater dischargeactivities.

(d) Credit Maximum.

(1) IA Credit Maximum. IACredit maximums shall apply as follows:

(i) All Non-residential andCondominium properties are eligible for a

maximum of 80% IA Credit for the IA

Managed.

(ii) A Non-residential orCondominium property with SurfaceDischarge is eligible for a maximum of 90%

IA credit for the IA Managed.

(2) GA Credit Maximum. GACredit maximums shall apply as follows:

(i) All Non-residential andCondominium properties are eligible for a

maximum of 80% GA Credit.

(ii) A Non-residential orCondominium property with Surface

Discharge is eligible for a maximum of 90%

GA credit.

(3) NPDES Credit Maximum.Eligible properties shall receive a maximum

of 7% NPDES credit as described in the

Credit and Adjustment Appeals Manual.

(e) Application of Credits

The application of the three classes ofcredits in calculating a propertys monthly


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SWMS charge shall be described in theCredits and Adjustment Appeals Manual.

(f) Administration of Credits.

(1) A Customershall apply forcredits using application forms andsubmitting the required documentation asdefined in the Credits and AdjustmentAppeals Manual.

(2) Any engineering or other costsincurred in completing the application shallbe borne by the Customer.

(3) There shall be an application fee

of one hundred and fifty dollars ($150) foreach credit application. The Customer mayapply for one or more classes of credits inone application.

(i) The application fee shallbe waived for recipients of StormwaterManagement Incentives Program (SMIP) orequivalent funds.

(ii) The Department maywaive the application fee for propertiessubject to Chapter 6 of these Regulations.

(4) Credits shall be effective uponreceipt of a complete application.

(5) All credits shall expire four (4)years from the effective date of the credit. ACustomer may renew credits by submitting arenewal application, documentation requiredby the Department as definedin the Creditsand Adjustment Appeals Manuel, andpaying a renewal fee of fifty dollars ($50).

(g) Termination of Credits.

(1) The Department may review anyapproved credit at any time to verify itscontinued applicability. Customers may

from time to time be asked to submitdocumentation and/or grant access to theProperty receiving the credit. Failure tocomply with such requests may result in thetermination of the credit(s).

(2) The Customers failure to meetcredit requirements or comply withinspection and reporting obligations, inaccordance with Section 304.5(a)(3) of theseRegulations, shall result in a suspension orrevocation of all affected credits pursuant tothe procedures issued by the Department.

(h) The Department may, at its solediscretion, issue stormwater credits to

individual parcels where stormwatermanagement is being implemented on ashared, collective basis by an organizationrepresenting different parcel owners within adefined geographic area.

305.0 BILLING FOR WATER, SEWERAND STORMWATER SERVICE

305.1 Billing.

(a) Estimated Usage and Billing. When anaccurate meter reading cannot be obtained atthe time of a scheduled meter reading orwhen necessary for administrative purposes,the quantity of water used may be estimatedfor billing purposes. Estimated usage willbe based upon actual meter readings fromprior cycles or by such other fair andreasonable methods as shall be approved bythe Water Commissioner. Where the waterusage is estimated because of inability toread the meter, any necessary correctionsshall be made at the time of the next actualmeter reading, or when appropriate.

(b) Charges to be Combined. At thediscretion of the Water Commissioner, eachbill may combine in one amount the service


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charge and any quantity charges for water,sewer and stormwater, if applicable.

(c)Bills Due and Payable. All bills are dueand payable when rendered.

(d) Penalties for Late Payments.

(1) If current water, sewer, andstormwater bills are not paid within thirty(30) days from the date indicated on the bill,a penalty of five percent (5%) shall beimposed.

(2) An additional penalty of one halfof one percent (0.5%) shall be imposed and

added to water, sewer, and stormwater bills,and their penalties, on the due date of thebill of each succeeding cycle, except that aperiod of thirty (30) days shall elapse beforethe first additional penalty isimposed.

(3) If any water, sewer, andstormwater bill remains unpaid for twocycles after the bill has been rendered, theRevenue Department shall serve a notice oftermination upon the delinquent PropertyOwner and, if the charge, with penaltiesthereon, is not paid within ten (10) daysafter such service of notice, the Department,in its discretion, may suspend water serviceto the Property until the charge withpenalties is paid. Penalties for late paymentare set by ordinance, not by regulation, andany amendments to the current ordinanceshall apply as provided therein.

(e) Balance Due. Each bill shall include anybalances due for bills issued from October 1,1997, including penalties.

(f) Changes in Meter Size. When a changein meter size is made, the charge for the newmeter size shall become effective on the dateof such change.

(g) Unmetered Customers.

(1) Unmetered Customers shall bebilled the same charges established formetered Customers. The water and sewer

service charges will be determined by thesize of the meter which would be installedfor an equivalent service at a similarproperty. The SWMS charges will bedetermined based on Section 304.0 of theseRegulations. The Revenue Department shallestimate the quantity of water used and billaccordingly using the applicable water andsewer quantity charges.

(2) Where unmetered wastewater is

discharged to the sewer system withoutadequate sewer metering, the Departmentreserves the right to bill the amount of flowbased upon its engineering judgment of areasonable estimate of unmetered usage.

(h) Unoccupied Property.

The billing of unoccupied Properties forwater and sewer shall be discontinued onlyon issuance of a Discontinuance of Waterpermit. Nothing in this Section shall relievea Property Owner of his responsibility formaintaining a service line unless aDiscontinuance of Water permit has beensecured. Under no circumstances will thestormwater service charge be terminated.

(i) Extraordinary Uses or Appliances.

In the event that extraordinary or peculiaruses or appliances, in the opinion of theWater Commissioner, warrant a specialcharge not provided herein, such chargesshall be as fixed by the Water Commissionerin writing.


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305.2 Special Customers.

The water, sewer and stormwatermanagement service charges established inSections 302.0 et seq., 303.0 et seq., and

304.1 et seq. of these Regulations shall beapplied to all general Customers, except thefollowing groups of special Customers:

(a) GROUP I

(1) Public and private schools whichprovide instruction up to or below thetwelfth grade but not beyond that grade, andexcluding service to any separate oradjoining facilities or structures not used

exclusively for educational or instructionalpurposes.

(2) Institutions of purely publiccharity, as defined by Pennsylvania law,except universities and colleges andexcluding service to any separate oradjoining facilities or structures not usedexclusively for the principal purpose of thecharity.

(3) Places used for actual religiousworship.

(b) GROUP II

(1) Residences of eligible seniorcitizens provided that the senior citizenshall:

(i) Make application for suchreduction to the Revenue Department withinthe first billing period for which reduction issought; and

(ii) Submit satisfactory proofthat the applicant is 65 years of age or olderand that he or she makes payment directlyto the City for water, sewer, and stormwater

service to his or her residence which islocated in the City of Philadelphia; and

(iii) Submit satisfactory proofto the Revenue Department that the

applicant does not exceed the householdincome limitation of $31,500 per yearestablished by the Department. The aboveincome limitation shall become effectivewith these Regulations and shall apply tothose applying for this discount subsequentto June 30, 1982.

(iv) Effective with eachsubsequent change in thewater/sewer/stormwater charges, the

Department shall adjust the Senior CitizenIncome Limitation using the latestConsumer Price Index data available, asdefined in the Philadelphia Code at Section19-1901.

(c) GROUP III

(1) Universities and colleges, excludingservice to any separate or adjoining facilitiesor structures not used exclusively foreducational or instructional purposes.

(d) GROUP IV

(1) Public housing properties of thePhiladelphia Housing Authority.

(e) As of the effective date of thisRegulation, the charges to Groups I, II, andIII of special Customers listed above shallbe seventy-five percent (75%) of the chargesas established in Sections 302.0, 303.0 etseq., and 304.0 et seq. of these Regulationsincluding both the water and sewer serviceand quantity charges, and the SWMScharges. The charges to Group IVCustomers shall be ninety-five percent(95%) of the charges as established inSections 302.0 et seq., 303.0 et seq. and


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304.0 et seq. of these Regulations, includingboth the water and sewer service andquantity charges, and the SWMS charges.

(f) All of these special Customers shall

meter all water connections and they shallbe subject to all provisions of thisRegulation not inconsistent with Sections302.0 et seq., 303.0 et seq., and 304.0 etseq., of these Regulations.

(g) All special Customers are subject at anytime to review as to their special charges bythe Department and may be required tofurnish adequate evidence supporting thecontinuance of such charges to the

Department upon written notice to do so.Failure to furnish such evidence shall besufficient ground for denial or termination ofsuch special charges.

(h) Special charges may be granted subjectto the Department's review and approval ofthe size of the meter installed.

(i) When the special use for which thespecial charge is granted ceases, the specialcharge ceases and the charges for generalCustomers shall apply thereafter.

305.3 Eligibility for Special Rates andCharges.

(a) Organizations seeking the Charity Ratesand Charges must submit an application tothe Department. Applicants must use formsprovided by the Department, and submittedapplications must be completed to thesatisfaction of the Department.

(b) Applications must be made in the nameof the organization seeking the CharityRates and Charges. All accounts for whichan organization is requesting the CharityRates and Charges must be in the identicalname as that on the application.

(c) Any account for a Property for which theCharity Rates and Charges are sought mustbe current and remain in good standing withno service violations to maintain eligibility

for any discounts issued herein. Any breachof this condition shall result in the loss ofeligibility for the discount.

(d)To be eligible for water and sewerCharity Rates and Charges, the Propertymust not have any outstanding Departmentor Plumbing Code violations; the Propertymust have an operating water meter that is incompliance with current Departmentspecifications, and the property must have a

current water meter reading. If the propertyis receiving stormwater service only, theabove provision regarding metering shall notapply. To be eligible for SWMS CharityRates and Charges, the Property must nothave any outstanding Department violations.Applicant must be either an owner of theProperty or a Tenant of the property forwhich the SWMS charge is assessed.

(e)Charity Rates and Charges shall becharged to the eligible organization from theapplication date of an approved application.No retroactive reductions from the GeneralCustomer rates and charges will bepermitted.

305.4 Account Review.

The Department, from time to time, mayreview the status of organizations receivingCharity Rates and Charges. During thisreview, eligible organizations may berequired to submit new applications.


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305.5 Suspension of Charity Rates andCharges (Groups I and III)

(a) Organizations that have been approvedfor Charity Rates and Charges must make

timely payments on accounts in order toremain eligible for these discounted ratesand charges.

(b) An organization that fails to make on-time payments for two (2) consecutivebilling cycles shall be suspended from theCharity Rates and Charges, and shall berequired to pay the same rate(s) as theGeneral Customer rates and charges for allservices. The suspension period shall remain

in effect for a minimum of one (1) year.

(c) Reinstatement of the Charity Rates andCharges will not occur until a full year ofon-time payments has been made.Suspended organizations must then submitan application as described in Section 305.3of these Regulations. Charity Rates andCharges will not be retroactive for theperiod of suspension.

(d) Customers shall be informed by firstclass mail of the suspension of the CharityRates and Charges.

305.6 Hearing.

Organizations that have been deniedeligibility or have been suspended from theCharity Rates and Charges may request aninformal hearing.

305.7 No Waiver.

Nothing in this Regulation shall limit theDepartment on its own findings or at therequest of another City agency fromsuspending Charity Rates and Charges fromorganizations which have violated City lawor regulations and thereby under such City

law or regulations have forfeited suchprivileges as the Charity Rates and Charges.

306.0 MISCELLANEOUS WATERCHARGES

Charges for miscellaneous water servicessupplied by the City of Philadelphia shallbecome effective October 1, 2013asfollows:

306.1 Meter Test Charges.

(a) A Customer may apply to theDepartment for a test of the accuracy of theregistration of a water meter (Meter Test).

At the Customers request, the Departmentshall notify the Customer of the time andplace of the test so that the Customer may bepresent.

(b) In testing, meters may be removed fromthe line and replaced by a tested meter. Ifremoved, the meter shall be tested at theDepartments Meter Shop. Meters may alsobe tested and recalibrated in place withoutremoval and replacement.

(c) All meters shall be removed, replaced,tested or calibrated during the Departmentsregular business hours (9:00 a.m. to 4:45p.m.).

(d) A Customer may request a Meter Test tobe performed outside the regular businesshours of the Department under the followingconditions:

(1) the Department has staffavailable and agrees to a time outside theregular business hours of the Department;and,

(2) the Customer agrees to pay theovertime and added expenses, whether themeter passes or fails the test.


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(e) If the register on the meter is found upontesting to be registering within two percent(2%) of the actual volume of water passingthrough the meter, or registering in favor of

the Customer, the Customer will be assesseda Meter Test Charge as follows:

Meter Size Charge

5/8 $ 60

1, 1-1/2, 2 $125

3, 4, 6, 8, 10, 12 $315----------------------------------------------

Field Tests, 3 and above $350

(plus anycharges and/orexpenses incurredfor work performed outside the regularhours of business, if requested by theCustomer).

(f) If the meter is found upon testing to beregistering in excess of 102% of the actualvolume of water passing through the meter,the Customershall not be assessed a MeterTest charge as provided for in subsection(e);and,WRB shallreview the billinghistory of the tested meter for a period not toexceed three years on the basis of thecorrected registration and revise it asnecessary.

(g) The Department will, at the request of aCustomer, test his or her meter at no chargeonce every twenty years. Additional tests aresubject to the charges listed in Section306.1(e) of these Regulations.

306.2 Charges for Furnishing andInstallation of Water Meters.

The charges for furnishing and installingwater meters are as follows.

(a) For work which involves the furnishingand setting of a water meter and EncoderReceiver Transmitter (ERT/ Register), thefollowing charges are hereby established:

Meter Size Charge

5/8 $ 195 RFSS 2851 2751 RFSS 35511/2 4801 1/2 RFSS 6502 6002 RFSS 8253 Compound 1,930

3 Turbine 8053 Fire Series 2,7254 Compound 2,5104 Turbine 1,4854 Fire Series 3,2754 Fire Assembly 5,2006 Compound 4,0406 Turbine 2,5506 Fire Series 4,5756 Fire Assembly 7,1008 Turbine 3,1758 Fire Series 5,8508 Fire Assembly 9,35010 Turbine 4,57010 Fire Series 7,95010 Fire Assembly 13,67512 Turbine 5,27512 Fire Series 8,45012 Fire Assembly 14,600

(b) For work which involves only thefurnishing and setting of an ERT/Register,the following charges are herebyestablished:

Meter Size Charge

5/8 $ 170 RFSS 170

1 215


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1 RFSS 2151 1/2 2151 RFSS 2152 2152 RFSS 215

3 Compound 4953 Turbine 2904 Compound 4954 Turbine 2906 Compound 4956 Turbine 2908 29010 290

(c) If extraordinary work is required inconnection with the installation of a water

meter or the replacement of a damagedmeter, additional charges shall be computedusing actual salaries and materials expended,plus applicable overhead costs.

(d) The Property Owner shall beresponsible for safeguarding the meter andseals and shall pay for necessary repairs andreplacements due to his/her failure toprovide adequate protection to the meter andseals from theft, vandalism, freezing,tampering or other damage. The PropertyOwnershall also be responsible for therepair and maintenance of the plumbingaccessory to the meter, such as inoperablevalves, weakened service pipes and fittings,etc. and shall provide and pay for suchplumbing, repair and maintenance as Citymetering needs may require.

306.3 Tampering of Meter.

(a) In the event that an investigationindicates that tampering of a meter hasoccurred, the following charges to theCustomer shall be assessed:

Meter Size Charge

5/8or 3/4 $ 45

1, 1, 2 853 and larger 260

(b) In the event that a second tampering of ameter is found to have occurred at the same

property within thirty-six (36) months of theoriginal tamper event, the following chargesto the Customer shall be assessed:

Meter Size Charge

5/8or 3/4 $1001, 1, 2 2003 and larger 600

306.4 Shut-Off and Restoration of Water

Service.

(a) If theDepartment is required to visit aProperty to shut off service for non-payment; and, payment is tendered at thetime of the shut-off, a charge of fifty dollars($50) will be assessed.

(b) A sixty dollar ($60) charge will beassessed if shut-off of the water service isrequired as a result of non-compliance witha Notice of Defect and/or metering non-compliance.

(c) After termination of water service fornon-payment or violation of servicerequirements, restoration of water servicewill not be made until the following chargeshave been paid in full or paymentarrangements satisfactory to the RevenueDepartment have been made.

(1) Where the only work required isoperating the service valve:

(i) service lines 2 andsmaller. .$60

(ii) service lines larger than2. .$100


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(2) Where the curb stop is

obstructed, the access box missing orotherwise requires excavation $300

(3) Where the curb stop is inoperableand a new curb stop must beinstalled.. $450

(4) Where the curb stop isobstructed, the access box missing, orotherwise requires excavation, andreplacement of footway paving isrequired...$600

(5) Where the curb stop is inoperable

and a new curb box must be installed andreplacement of footway paving isrequired...$875

(6) Where excavation and shut-off ofthe ferrule at the water main isrequired..........$1,805

(d) If the Department is requiredto removeconcrete footway paving in order to performthe shut-off and/or restoration, the footwaywill be replaced by the Department and thepreceding charges applied unless proof hasbeen provided to the Department that someother qualified person will replace thepaving.

306.5 Pumping of Properties.

The following charges shall apply for thepumping of water from properties when thecondition requiring such service is notcaused by the Department.

(a) Occupied Properties

(1) Pumping of water from occupiedProperties may be done at the PropertyOwner's request and expense.

(2) Pumping of other Properties dueto the failure of a Property Owners pipingmaybe performed by the Department and becharged to the Property Owner of theProperty at which the failure occurred.

(3) Charges for pumping shall becalculated at actual salaries and materialsexpended, plus applicable overhead costs.

(b) Unoccupied Properties

The Department may, at its sole andexclusive discretion, pump water fromunoccupied properties if it is determinedthata seriouscondition exists. The charges for

pumping shall be as specified in Section306.5(a) of these Regulations.

306.6 Charges for Water MainShutdown.

(a) The Department of Licenses andInspections shall issue permits for thetemporary shutdown of a water main toallow a registered plumber to makeimmediate repairs to a broken water serviceand to avoid the necessity of opening thestreet.

(b) Permits shall be issued after:

(1) Certification by the Departmentthat the shutdown will not seriouslyinconvenience other Customers; and

(2) The applicant has paid a twohundred dollar ($200) service charge.

(c) In an emergency or when responsibilityfor a leak is in doubt, the Department maymake the shutdown before the permit isobtained. If the Department determines thatthe leak was not the Department'sresponsibility, the owner shall obtain apermit and pay the above stated service


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charge and any other costs incurred by theDepartment in conducting the emergencyshut down.

306.7 Water Connection Charges.

(a) Permits. Permits for connections to theCity's water supply system shall be issuedby the Water Permit section of theDepartment of Licenses and Inspections.

(b) Ferrule Connections.

(1) Connections between 3/4 inchand two inches (2)in diameter shall bemade by a ferrule installed by the

Department. The owner, at his ownexpense, shall excavate for the connection,install all piping and appurtenances after theferrule and fill the excavation. The ownerthereafter shall be responsible formaintaining this piping and appurtenance.

(2) The charges for such ferruleconnections shall be as follows, with theexception stated in Section 306.7(b)(3) ofthese Regulations, shall be as follows:

Size Charge

$1931 2111 2492 286

(3) The charges for such ferruleconnections, when the work performed atthe Customers request is notduring theDepartments regular business hours (9:00a.m. to 4:45 p.m.), shall be as follows:

Size Charge

$ 3701 388

1 4262 464

(c) Valve Connections. Connections threeinches (3)and larger shall be made by a

valve installed by the Department. Thisvalve installation shall include, but shall notnecessarily be limited to, the connection tothe main, the valve, valve box, necessarypiping after the valve from the main in thestreet to one foot inside the curb, backfilland repaving. The Department shallthereafter be responsible for maintaining thisvalve and piping, unless the associatedmeter has been reduced at the PropertyOwners request to a two inch(2) or

smaller meter, in which case the PropertyOwner shall be responsible for valve andpiping maintenance.

(1) The charges for valveconnections shall, with the exceptions statedin Section 306.7(c)(2) of these Regulationsbelow, shall be as follows:

Size Charge

3" & 4 $ 16,1846 & 8 16,72010 & 12 19,130

(2) The charge for such valveconnections, when the work is performed atthe Customers request is during other thannormal work hours or the work is performedin an area designated by the StreetsDepartment as a special work zone, shall beas follows:

Size Charge

3 & 4 $ 18,4846 & 8 19,02010 & 12 22,127


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(d) Attachment to a Transmission Main

(1) There shall be no connection to atransmission main without Departmentapproval. Such approval shall be requested

by application forms and procedures issuedby the Department.

(2) Where a connection is made to awater main larger than 12 inches indiameter, with the exceptions stated inSections 306.7(d)(3)&(4) of theseRegulations below, the charges will be afollows:

SLEEVE 3 & 4

MAIN

16 $ 21,99520 23,07524 24,15530 36,51736 41,676

SLEEVE 6 & 8

MAIN

16 $22,53120 23,39524 24,58330 38,42936 45,527

SLEEVE 10 & 12

MAIN

16 $ 24,89820 25,87024 26,89630 41,21736 49,862

(3) The charges for suchconnections, when the work performed atthe Customers request is not during theDepartmentsregular business hours (9:00a.m. to 4:45 p.m.), or the work performed is

in an area designated by the StreetsDepartment as a special work zone, shall beas follows:

SLEEVE 3 & 4

MAIN

16 $ 25,18020 26,26024 27,340

30 39,70236 44,864

SLEEVE 6 & 8

MAIN

16 $25,71620 26,58024 27,76830 41,61436 48,712

SLEEVE 10 & 12

MAIN

16 $ 28,78020 29,75224 30,77830 45,09936 52,859

(4) Where a connection is made to awater main 48 or larger in diameter, thecharge will be that for a connection to a 36main, stated above in Sections 306.7(d)(2)or (3), plus an additional charge representingthe difference between the current cost of a


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36 sleeve and the cost of the larger sleeve.The additional charge shall be paid beforeany permit can be issued as prescribedbelow in Section 306.11 of theseRegulations.

(e) Should police assistance fortraffic control be required for a ferrule orvalve connection, the Customer shall pay therequired fee to the Police Department.

306.8 Discontinuance of Water.

Except as otherwise provided, no Customershall be relieved of the obligation to paywater and sewer charges unless a permit for

the discontinuance of water and sewer hasbeen obtainedfrom the Department ofLicenses and Inspectionspursuant to theprovisions of Philadelphia Code section 19-1601. When a permit is granted todiscontinue water and sewerservice, chargesshall terminate on the date of removal of themeter by the Department. The charge for apermit for discontinuance of water is onehundred dollars ($100), regardless of servicesize. A validly issued permit to discontinuewater and sewer does not terminate theobligation to pay for stormwatermanagement services.

306.9 Hydrant Permits.

(a) A permit shall be obtained from theWater Permit section of the Department ofLicenses and Inspections before a hydrantcan be used. The permit shall contain theterms and conditions that are required of theCustomer in order for the Customer to usethe hydrant.

(b) The costs for obtaining a permit shall beas follows.

(1) One Week Permit for use ofstandard pressure hydrant.$ 265

(2) Six Month Permit for use ofstandard pressure hydrant..$ 2,250

306.10 Flow Tests.

When a Customer requests the Departmentto conduct a flow test on a fire hydrant todetermine the volume and residual pressureavailable on a domestic or fire connection,or at a specific location, the charge shall bethree hundred and fifty dollars ($350) foreach flow test.

306.11 Water Service Line Investigationsand/or Inspections

When a Customer or a duly authorizedrepresentative of a Customer requests theDepartment to conduct an investigation tolocate and/or to inspect the water serviceline at a specific location, the charge shall beone hundred dollars ($100) for eachinvestigation or inspection. The charge shallbe assessed regardless of the result of theinvestigation or inspection.

306.12 Payment.

All billings for the above services are dueand payable when rendered, unless statedotherwise herein, and are subject to suchpenalties for late payment as is prescribedby current ordinance or as may be amended.Payments for permits shall be made in fullprior to any permit being issued.

307.0 MISCELLANEOUS SEWERCHARGES

Charges for miscellaneous sewer servicessupplied by the City of Philadelphia shall beeffective October1, 2012, as follows.


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307.1 Sewer Charges for Groundwater.

(a) Sewer charges for groundwaterdischarged to the City's sewer system shallbe as follows:

(1) For the period October1, 2012,through June 30, 2013, the rate shall be$9.66 per 1,000 cubic feet.

(2) For the period July 1, 2013,through June 30, 2014, the rate shall be$10.13 per 1,000 cubic feet.

(3) For the period July 1, 2014through June 30, 2015, the rate shall be

$10.76 per 1,000 cubic feet.

(b) To determine the quantity of suchdischarged groundwater, the Customer shallinstall a meter or measuring devicesatisfactory to the Department. If, in theopinion of the Department, it is not feasibleto install a meter or measuring device, theDepartment may designate some othermethod of measuring or estimating thequantity of discharged groundwater.

307.2 Charges for Wastewater Service.

(a) The charge for sanitary type wastewaterdelivered to any of the City's WaterPollution Control Plants shall be as follows.

(1) Effective October1, 2012,through June 30, 2013,the rate shall be$43.69 per 1,000 gallons.

(2) For the period July 1, 2013,through June 30, 2014, the rate shall be$46.23 per 1,000 gallons.

(3) For the period July 1, 2014,through June 30, 2015, the rate shall be$49.49 per 1,000 gallons.

(b) Where accurate quantities of wastewaterdelivered cannot be determined, suchquantities shall be estimated for billing

purposes by such fair and reasonablemethods as shall be approved by the WaterCommissioner.

(c) The locations, times, delivery proceduresand exact nature of the pollutioncharacteristics of the delivered wastewatershall be determined by the Department.

(d) From time to time, Customers shall berequired to file with the Department a

questionnaire establishing or revisinginformation on the quantity and quality ofwastewater delivered and other pertinentdata deemed necessary by the Department.Failure to furnish such information shall besufficient grounds for denial or terminationof delivery privileges.

(e) Measurements, tests and analyses of thecharacteristics of delivered wastewater shallbe determined in accordance with the latestedition of Standard Methods for theExamination of Water and Wastewater,published jointly by the American PublicHealth Association, the American WaterWorks Association (AWWA) and the WaterEnvironment Federation (WEF).

(f) If any bill for the above services shallremain unpaid for more than sixty (60) daysfrom date rendered, the Department mayrefuse acceptance of additional wastewateruntil all unpaid balances, with late charges,are paid in full.

307.3 Wastewater Discharge Permit.

All Industrial Users contributing wastewaterto the City's sewer systemmust obtain apermit from the Department pursuant to the


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Wastewater Control Regulations in Chapter5 of these Regulations. The fee for eachnew or renewal permitis one thousanddollars ($1,000).

307.4 Groundwater Discharge Permit.

All Industrial Users contributinggroundwater to the Citys sewer systemmust obtain a permit from the Departmentpursuant to the Wastewater ControlRegulations contained in Chapter 5 of theseRegulations. The fee for each new orrenewal permit is one thousand dollars($1,000).

307.5 Manhole Pump-out Permit

(a) Any non-domestic User dischargingwastewater from underground structures tothe Citys sewer system must obtain amanhole pump-out permit from theDepartment pursuant to the WastewaterControl Regulations in Chapter 5 of theseRegulations. The fee for each new orrenewal permit is one thousand dollars($1,000).

(b) In the event a User requests dischargelocations in the Citys separate sewer areasunder this permit, the City may assessadditional fees for any work associated withthe review of this request and theidentification of the discharge locations.

307.6 Trucked or Hauled WastewaterPermit

Any person trucking or hauling wastewaterto the POTW must first obtain a septagedischarge permit from the Departmentpursuant to the Wastewater ControlRegulations in Chapter 5 of theseRegulations. The fee for each new or

renewal permit shall be one thousand dollars($1,000).

307.7 PHOTOGRAPHIC & VIDEOINSPECTION

When a Customer or a duly authorizedrepresentative of a Customer requests theDepartment to conduct a photographic orvideo inspection of a private sewer line at aspecific location, the charge shall be onehundred and sixty dollars ($160) for eachphotographic or video inspection. Thecharge shall be assessed regardless of theresult of the photographic or videoinspection.

307.8 Payment.

All billings for the above services are dueand payable when rendered, unless statedotherwise herein, and are subject to suchpenalties for late payment as is prescribedby current ordinance or as may be amended.Payments for permits shall be made in fullprior to any permit being issued.

308.0 MISCELLANEOUSSTORMWATER MANAGEMENTCHARGES

308.1 Stormwater Plan Review Fees.

All Development plans submitted to theDepartment under Chapter 6 of theseRegulations for stormwater managementapprovals shall be subject to a plan reviewfee.

(a) Fees.

(1) A fee of sixhundred dollars($600)shall be due prior to issuance ofConceptual Stormwater Management Planapproval.


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(2) A fee of sixhundred dollars($600) shall be due upon submission of apost construction stormwater managementplan, including a technical site plan, forreview. An additional fee of ninety dollars

(90) per hour of review time shall be dueprior to issuance of PCSMPapproval.

(i) Review time shall bebased on the Citys tabulation of actualhours expended by Department employeesor consultants reviewing the plansassociated with a particular development orredevelopment project for compliance withChapter 6 of these Regulations.

(b) Refund of fees. The Department shallrefund any fees specified above if a plansubmittal is not approved or denied within21 days for conceptual site plans and within45 days for technical site plans.

308.2 Stormwater Management Fee inLieu.

Where a Property Owner can demonstratethat it is not feasible to meet therequirements of theseRegulations bymanaging stormwater on a proposedDevelopment Site (Development Site), theDevelopermay request that it pay a fee inlieu of on-site stormwater management. Thisfee in lieu option shall be subject to thefollowing requirements.

(a) The Property Owner must submit adocument to the Department, prepared andsigned, stamped and sealed by aPennsylvania Certified ProfessionalEngineerconclusively demonstrating theinfeasibility of all SMPs set forth in theManual to meet the requirements of thisstormwater management regulation on theDevelopment Site. Infeasibility may not becreated by subdividing the DevelopmentSite, redrawing lot lines within the

Development Site or by placing so large anumber of homes or structures on theDevelopment Site that sufficient on sitestormwater management can not beachieved. The Department shall review the

document alleging infeasibility byconsidering the entire Development Site.

(b) Nothing in this Regulation shall requirethe Department to grant a Developer itsrequest for a fee in lieu of on site stormwatermanagement. The Department, however,may grant the request for a fee in lieu underthe following conditions:

(1) The Developer has conclusively

demonstrated the infeasibility of on sitestormwater management; and

(2) The Department has determinedthat off-site stormwater management,pursuant to Section 600.3(d) of theseRegulations, is also infeasible; and

(3) The Department, in its solediscretion, has determined that granting thefee in lieu will not adversely affect flooding,stream protection, neighboring properties orbe inconsistent with its requirements underits stormwater program, combined seweroverflow program, National PollutantDischarge Elimination System permits, orany other federal or state law.

(c) The fee in lieu shall be calculated asfollows:

(1) For an exemption to only theWater Quality Requirement of Chapter 6 ofthese Regulations the fee shall be fivedollars ($5) per square foot based on thetotal square footage of Earth Disturbance.

(2) For an exemption to both theWater Quality and Channel ProtectionRequirements of Chapter 6 of these


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Regulations the fee shall be thirteen dollars($13) per square foot based on the totalsquare footage of Earth Disturbance.

309.0 FIRE SERVICE CONNECTIONS

Fire service connection charges shall consistof a monthly service charge and a quantitycharge and shall be effective January 1,2013, as follows.

309.1 Charges.

(a)Monthly Service Charges.(1) The monthly service charges for the

furnishing of water for the purpose of fireprotection effective January 1, 2013,through June 30, 2013,shall be as follows:

Connection Size Service ChargeUp through 4-inch $22.38

pwd regulations chapter 3, december 2013

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