[HISTORY: Adopted by the Town Board of the Town of Crawford 3-6-1967.
Amendments noted where applicable.]
[Amended 3-14-1977; 6-14-1984; 4-8-2004
by L.L. No. 1-2004]
A. Water rents are hereby fixed as follows, payable on a
calendar quarterly basis:
|
Water Used
(cubic feet)
|
Rate
|
---|
|
$1,000 (minimum rate)
|
$12.50
|
|
Each 100 additional up to and including 1,500
|
$1.25
|
|
Each 100 additional over 1,500 up to and including 10,000
|
$1.50
|
|
Each 100 additional over 10,000
|
$1.50
|
|
Water District contracts (yearly)
|
$100.00
|
B. Water rates may be amended from time to time by resolution
of the Town Board.
Bills for water rents shall be due and payable on the first day of each
calendar quarter.
[Amended 9-13-1979]
All water rents are payable within 30 days from the date of billing.
A penalty of 10% of the amount of the water rent will be added to each bill
if not paid within the thirty-day period after the first day of each calendar
quarter. All water bills are payable as stated on the bills. If payment is
not made within the stated time, such bills will become a lien upon the property
of the owner of the real property.
[Amended 6-10-2004 by L.L. No. 4-2004]
A. Legislative intent. The purpose of this section is to
safeguard the public water supply from potential contamination by preventing
backflow from a water user's system
into the public water system and to comply with the requirements of the New
York State Sanitary Code, 10 New York Code of Rules and Regulations, Part
5, § 5-1.31. This is to be accomplished by:
(1) Requiring an approved air gap, reduced pressure zone
device, double-check valve assembly or equivalent protective device consistent
with the degree of hazard posed by any service connection;
(2) Requiring the users of such connections to submit plans
for the installation of protective devices to the Building Inspector and the
Orange County Department of Health and/or New York State Department of Health
for approval; and
(3) Assuring that all protective devices be tested at least
annually, records of which shall be submitted by the property owner to and
maintained by the Building Inspector.
B. Cross connections prohibited. There shall be no connection,
intended or otherwise, between the Town's water supply system and any other
public water supply or private water supply.
C. Backflow prevention devices required.
(1) All nonresidential users of the public water system and
all residential users of the public water system having auxiliary water supply,
including but not limited to a private well, lawn sprinkler or irrigation
system, shall be required to comply with this section.
(2) Any installation, service, maintenance, testing, repair
or modification of a backflow prevention device shall be performed in accordance
with the requirements of Town of Blooming Grove and the New York State Plumbing
Code. For purposes of this article, a backflow prevention device is an approved
air gap, reduced pressure zone device, double-check valve assembly or equivalent
protection device designed to prevent potential contamination of a public
water system.
(3) Backflow prevention devices conforming to the most current
requirements of the New York State Department of Health and the Orange County
Department of Health shall be installed by the owner of those systems pursuant
to the rules of those Departments in force at the time of the installation.
(4) A certificate of occupancy shall not be issued by the
Building Inspector for a new or modified/renovated/rehabilitated structure
having a system classified by the Department of Health or determined by the
Building Inspector or the Town's water system operator as hazardous, unless
a backflow prevention device has been installed and approved pursuant to this
section and Department of Health requirements.
(5) The cost to install a backflow prevention device shall
be borne by the owner of the property.
(6) The Town Building Inspector or the Town's water system
operator or other designee shall make a determination as to whether a property
owner requires a backflow prevention device and the type of device in accordance
with this section and the New York State Department of Health and the Orange
County Department of Health requirements and regulations.
D. Upgrade of preexisting systems. Any preexisting system
that does not contain a backflow prevention device shall be upgraded so as
to comply with the current requirements of this section and of the New York
State Department of Health and the Orange County Department of Health within
120 days following the service of notice by certified mail to install said
device.
E. Determination of type of backflow protection device.
(1) The Town Building Inspector or the Town's water system
operator or other designee shall determine the type of device required for
each property and facility. In making this determination, the Town shall utilize
the "Sample List of Facilities Requiring Backflow Prevention," prepared by
the Department of Health, and, if necessary, shall consult with the Orange
County Department of Health.
(2) Cross connection control by facility type.
(a) The types of facilities which shall require installation
of an approved reduced pressure zone (RPZ) or air gap in the service connection
to the public water distribution system include, but are not limited to:
[1] Sewage and industrial wastewater treatment plants and
pumping stations, sewer flushers.
[2] Paper manufacturing or processing, dye plants, petroleum
processing, printing plant, chemical manufacturing or processing, industrial
fluid systems, steam generation, rubber processing, tanneries.
[3] Canneries, breweries, food processing, milk processing,
ice manufacturing, meat packers, poultry processing, rendering companies.
[4] Hospitals, clinics, laboratories, veterinary hospitals,
mortuaries, embalmers.
[6] Metal plating, photo processing, laundries, commercial
car washes, commercial refrigeration systems, dry-cleaning establishments.
[7] Commercial greenhouses, spraying and irrigation systems
using weedicides, herbicides, exterminators.
[8] Boiler systems, cooling towers or internal fire-fighting
systems using conditioners, inhibitors, corrosion-control chemicals.
[9] Residential units with lawn and irrigation system with
chemical injection.
[10] Any building or premises with an auxiliary water supply
which is not separated from the municipal water supply.
(b) The types of facilities which shall require installation
of an approved double-check valve in the service connection of the public
water distribution system include, but are not limited to:
[1] Customer fire-protection loops, fire storage tanks with
no chemical additives.
[2] High-temperature potable water.
[3] Utilization of food grade dyes.
[4] Complex plumbing systems in commercial buildings, such
as but not limited to beauty salons, churches, apartment buildings, gas stations,
supermarkets, nursing homes, construction sites, carnivals.
[5] Any building or premises with a private booster pump.
[6] Residential units with lawn and irrigation system without
chemical injection.
(c) The types of facilities or water-distribution structures
which required installation of an approved vacuum breaker include, but are
not limited to:
(d) The above lists are not all-inclusive. The type of backflow
prevention device required for each facility shall be determined by the Building
Inspector or designee as set forth above.
F. Testing; owner liability for costs. The testing of backflow
prevention devices shall be performed on an annual basis by the owner of any
system requiring same, and the cost of such testing shall be borne by the
owner of the system. The testing procedures shall conform to the requirements
of the New York State Department of Health and the Orange County Department
of Health. Test results shall be submitted to the Building Inspector.
G. Department of Health requirements. The Building Inspector
shall enforce this section and the cross-connection and backflow protection
requirements, specification, guidelines, and facilities classifications of
the New York State Department of Health and the Orange County Department of
Health. Specifications, guidelines, facilities, classifications and other
administrative requirements and information which shall be used to implement
the requirements shall be on file in the Building Inspector's office.
H. Penalties. In addition to, and not in lieu of, any other
penalty set forth in this chapter, any person who violates any provision of
this section shall be subject to a fine not to exceed $250 for each day the
violation continues after notice by the Building Inspector. In addition, the
service of water to any premises may be discontinued by the Town if backflow
prevention devices required by this section or regulations adopted pursuant
thereto are not installed, tested, and maintained; if any defects are found
in an installed backflow prevention device; if it is found that the backflow
prevention device has been removed or bypassed; or if an unprotected cross
connection exists on the premises, and water service shall not be restored
until such condition or defect is corrected.
The district reserves the right to meter or not to meter any place where,
in its judgment, it shall be for the betterment of the water system.
[Amended 8-9-1976]
Taps to the main are the responsibility of the customer, and the customer
shall make payment of the cost thereof. Connections will be of a material
and type specified by the district, and all installations shall be made subject
to the supervision and approval of the district. All service connections to
the main, including the portion installed by the customer from his property
line to his premises, shall be no smaller than three-fourths-inch Type K copper
tubing with flanged joints up to and including two-inch connections. Connections
of over two inches shall be of cast iron, Class 150, with lead joints. All
curb stops and curb boxes on connections will be subject to the control of
the district and will be kept readily accessible to the district and its authorized
employees at all times. Location of curb stops and curb boxes will be at the
property line and road right-of-way line; this will only apply to new hookups
and renovations.
[Amended 6-10-2004 by L.L. No. 4-2004]
A. Meters for single-family and two-family residences will
be furnished by the district without expense to the owner of the premises.
The meters shall remain the property of the district. Any damage which any
meter may sustain by reason of carelessness of the owner or his agents or
tenants of the premises, or from neglect on the part of any of them to properly
protect the same, including any damage or injury which may result from allowing
said meters to become frozen or to become injured by hot water, shall be paid
to the district by the owner of the property. Failure to pay same shall cause
the amount to be placed on the next water bill sent to the customer. The customer
will install a shutoff valve on the street side of the waterline and leave
a thirteen-inch space, in horizontal position for the three-fourths-inch meter.
The district will maintain all meters of three-fourths-inch size insofar as
ordinary wear and tear is concerned. However, in case of damage by freezing,
hot water or external damage, the customer will be liable for the cost of
repairs. The district recommends the installation of suitable equipment, properly
located and installed, to prevent backflow of hot water which may cause damage
to the meter or damage to the customer's plumbing. The customer shall provide
a place suitable to the district for the location of the meter. In houses
having no basement, the meter shall be located in a utility room or other
suitable place; under no circumstances shall the meter be installed in a crawl
space. In certain cases where the district decides that a remote-control device
is necessary, such device shall be installed by the district, and the cost
of the device and installation shall be billed by the district to the owner.
Failure to pay same shall cause the amount to be placed on the next water
bill sent to the customer. Meters shall be accessible for inspection and reading
by the district's authorized representatives at any reasonable hour. All meters
shall be located, placed and kept free from all obstructions so as to afford
easy access thereto, in order that they may be easily read and inspected.
B. The owner of all nonresidential premises and all residential premises containing three or more dwelling units shall be required to calibrate and, if necessary, replace the water meters servicing said premises at the owner's sole cost and expense. The Town and district shall have the authority to order such property owner to calibrate or replace a water meter. A property owner may protest such order to calibrate or replace a water meter by appealing said order to the Town Board. The property owner shall be afforded due notice and opportunity to appeal said order to the Town Board. The Town Board's decision shall be final and binding. Said appeal shall be made in writing and shall be filed with the Town Board no more than 45 days after the date of the order requiring calibration or replacement of the meter. If an appeal is not duly filed in writing within said forty-five-day period, the order shall become final and binding. If an owner refuses to calibrate or replace a water meter after said order or after the decision of the Town Board on appeal, as the case may be, the Town and district shall possess authority to enter upon the property and to calibrate or replace the water meter and to bill the property owner for all costs, including all costs of material and labor, engineering, administrative and legal fees, costs and expenses. Said amount, if not paid within 30 days, shall be deemed a water rent and shall be billed, assessed, levied and collected in the same manner. The requirements and provisions of this Subsection
B shall be in addition to and not in lieu of the requirements and provisions of Subsection
A above.
Taps and connections on mains shall be three-fourths-inch and, as set
forth above, shall be carried full-size to the curb box. The customer must
install and pay for curb stops and boxes. Larger-size taps and connections
must be approved by the district.
No person shall open or interfere with or draw water from any fire hydrant
without permission from the district, Chiefs of the Fire Departments or their
assistants.
The Clerk of the Town Board shall keep the minute book separate from
the Town minutes and record therein all resolutions adopted and bills approved
by the Board, payable by the district.
Any authorized official of the district or its duly authorized agent
may at any time enter a building or upon premises where water is used from
the supply pipe connected to a district system for the purpose of examining
such pipe and materials which have been installed.
[Amended 4-8-2004 by L.L. No. 1-2004]
A. The Supervisor or the Supervisor's designee (hereafter
"Supervisor") shall have the authority to prohibit or limit water usage at
any time the Supervisor determines in his discretion that such prohibition
or limitation is protective of the Water District's public water supply or
the public health, safety and welfare. Such prohibitions or limitations on
water usage may be applied to outdoor use of water, use by residential properties,
use by commercial and/or industrial properties, use by district properties,
use by out-of-district properties, indoor use of water, or any combination
of the foregoing, including prohibitions or limitations based on any reasonable
classification of properties or of water usage, as determined by the Supervisor.
B. Any such prohibition or limitation shall take effect
upon declaration, written and signed by the Supervisor. Said declaration shall
state the prohibitions or limitations upon usage of the district's water supply.
The declaration shall become effective upon the posting of same in four public
places within the district or by mailing to a water user at the user's or
property owner's last known address. The declaration may also be published
in the official newspaper of the Town, but failure to publish same shall not
affect the validity or enforcement of the declaration.
C. The prohibitions or limitations so declared shall have
the force and effect of law and shall be enforced by the Town of Crawford
Police Department, the Building Inspector, members of the Highway Department,
and any other person or position designated by resolution of the Town Board.
All such enforcement officers are authorized to issue appearance tickets and
notices of violation in connection with violations of the declaration. An
appearance ticket shall be served personally, and a copy of the appearance
ticket accompanied by an affidavit of service shall be delivered to the Justice
Court Clerk prior to the appearance date. A notice of violation may be served
personally or by certified mail, return receipt requested, to the address
of the property owner or water user.
D. Violation of water usage declaration.
(1) Each violation of a water usage declaration shall also
be deemed a violation of this section. Each incident that violates or causes
a violation of a water usage declaration shall be deemed a separate and distinct
violation of the water usage declaration. There is no limitation on the number
of incidents for which a person, water user, water customer or property owner
("water user") may be cited for violation of a water usage declaration.
(2) Any water user who violates a water usage declaration,
or portion thereof, shall be subject to a fine not to exceed $250 for each
violation.
(3) In addition to and not in lieu of the above, any water
user who violates a water usage declaration, or portion thereof, shall be
subject to a civil penalty in an amount not to exceed $250 for each violation.
Said civil penalty may be assessed by the State Supreme Court or by the Town
Board after said water user has been given due notice and opportunity to be
heard to contest the alleged violation and penalty.
(4) In addition to and not in lieu of the above, the Town
Board shall have the authority to terminate or suspend water service to any
property after the water user and property owner has been given due notice
and opportunity for hearing before the Town Board to contest the alleged violation
and penalty. Town officers, employees and agents shall have the authority
to enter upon private property if necessary to terminate or suspend water
service.
No person shall make or cause to be made any connections with pipes
of the Water District or make any additions or alterations to any taps, pipes,
cocks, or other fixtures connected with the pipes supplying water to consumers
from said Water District without first having made an application to the Clerk
of the Town Board and thereafter having received approval from the district.
A. All taps to the main shall require, where said tap is
a new tap and is not intended to replace any existing tap, the customer to
make payment to the district of the sum of $100 at the time of making application
for such tap. No person shall make or cause to be made any connection with
the pipes of the Water District without first having made the above payment
and, furthermore, having complied with the other provisions of the rules and
regulations and requirements of the Water District.
[Amended 8-23-1971; 7-11-1977]
B. Extension of water mains.
[Amended 7-11-1977]
(1) Permanent mains.
(a) Extension of water mains within or adjacent to the Water
District may be initiated by the Town Board or by petition.
(b) The Superintendent of Highways and the Superintendent
of Water Works must approve all petitions for main extension.
(c) The Town Board may refuse all petitions for extension
where danger to the water supply or distribution system may be encountered.
(d) The petitioner for extension of water mains will pay
all cost involved with the establishment of such extension. Special payment
arrangements may be made with the Town if instances warrant it.
(e) If an extension is completed the petitioner will be required
to pay for tapping into such mains.
(f) A capital improvement charge of $300 per unit will be
charged to petitioners for water main extension, besides all costs of establishment
of such main.
(2) Temporary mains.
(a) The Town Board may grant a permit to install a temporary
main to any structure after application is made to the Board.
(b) The Superintendent of Waterworks must approve all temporary
mains.
(c) The Superintendent of Highways must approve all temporary
mains if they are to be constructed in a road right-of-way.
(d) The total cost of temporary mains will be at the expense
of the applicant.
(e) Complete directions, including the point and method of
attachment to main; the depth, position and path of the main; materials; and
curb cocks, curb boxes and any other attachments required for proper control
and management will be furnished by the Town Board and must be complied with
by the applicant for establishment of temporary mains.
(f) A capital improvement charge of $300 per unit will be
charged to all applicants.
No property owner, plumber or other person shall turn on water to any
premises, whether old or new supply, except in case of an emergency, without
first having notified the Clerk of the Town Board and, where necessary, having
filed an application and, further, having received permission from the district.
Applications for water service shall be made by the property owner or his
authorized representative on the application form supplied for such purposes
by the district. The district will furnish and install all meters up to and
including three-fourths-inch, which are included when making application for
service. Larger sizes will be provided for and installed at the expense of
the customer and shall be of the size, type and make approved by the district.
The district will maintain, repair and test, when necessary, all meters installed
by the district. On meters larger than three-fourths-inch, all maintenance,
repairs and testing will be done by or at the expense of the customer. In
case of any question as to maintenance, repairs or testing, the district's
decision shall be final.
A. The district reserves its right to remove and test its
meters in accordance with the prevailing rules of the Water District. In case
of a disputed account involving the inaccuracy of the meter, the district
will test the meter upon the request of a customer. A fee, payable in advance,
is required for the test, as follows:
|
Meter Size
(inches)
|
Fee
|
---|
|
3/4
|
$3
|
|
Over 3/4
|
$4
|
B. In the event that a meter is found to overregister in
excess of 2% at any flow within the normal test-flow limits, the fee will
be returned by the district to the customer; otherwise, it will be retained
by the district.
[Amended 6-10-2004 by L.L. No. 4-2004]
The reading of a duly installed meter showing the amount of water consumed
shall be used for all billing purposes except where it appears that the meter
has ceased to register or has registered inaccurately. In cases where it is
found that a meter has ceased to register or has registered inaccurately and
it cannot be determined by reasonable test what the percentage of inaccuracy
is, an estimated bill for the billing period may be rendered the customer.
This estimated bill will be based upon the greatest amount of water consumed
in a corresponding period within the prior three years, except where it appears
that there has been a change in the occupancy of the premises or in the use
of water, in which case an adjustment shall be made.
The customer shall notify the district, in writing, of any change in
ownership.
[Amended 4-1-1968; 9-23-1968]
Every property located within the Pine Bush Water District upon which
there is an improvement or structure or building of some kind, which improvement
or structure or building is located within 1,000 feet of a fire hydrant of
the Pine Bush Fire District, whether or not said improvement or structure
or building located within 1,000 feet of a fire hydrant has a tap or has discontinued
the use of a tap into the water facilities by the district, shall be charged
at least the minimum rate prevailing at the time in the district. Any customer
who wishes to discontinue water service shall do so by giving the district
written notice no less than 10 days prior to the date of discontinuance. After
the date of discontinuance, said customer shall be liable for the minimum
charges as herein provided.
The district undertakes to use reasonable care and diligence to provide
a constant supply of water at a reasonable pressure but reserves the right,
at any time, after due notice, unless an emergency occurs, to shut off the
water in its main for the purpose of making repairs and extensions.
Water service may be discontinued for any of the following reasons:
A. For use of water other than as represented in an application
or through branch connections on the street side of the meter or place reserved
thereof.
B. For the willful waste of water through improper and imperfect
pipes or by any other means.
C. For molesting any service pipe, seal or meter or any
other appliance owned by the district.
D. For cross-connecting pipes carrying water supplied by
the district with any apparatus.
E. For refusal of reasonable access to the property for
the purpose of inspecting, reading, repairing, testing or removal of a meter.
When water service has been discontinued on written order of the customer
or for violation of these rules and service is again desired by the same customer,
a charge of $2 will be made for reconnection.
The Town Board of the Town of Crawford, Orange County, New York, is
the governing body of the district and, as such, expressly reserves the right
at any time to alter, amend or make such addition to these rates, rules, regulations
and requirements as may be found essential for the protection of the public
interest and the management of the Pine Bush Water District.
[Added 6-10-2004 by L.L. No. 4-2004]
A. This chapter was adopted and codified as a local law
by the Town Board and shall have the full force and effect of law.
B. In addition to and not in lieu of any other penalty or
remedy set forth in this chapter, each violation of any provision of this
chapter shall constitute an offense, and each offense shall be punishable
by a fine not exceeding $500 or imprisonment not exceeding 15 days or both.
Each day of a continuous violation is deemed and shall be considered a separate
offense.
C. The penalties of Subsection
B above may be directed against any individual; any occupant of premises; any owner of premises; or any director, officer, agent or employee of any corporation found guilty of violating a provision of this chapter.
D. In addition to and not in lieu of the above, violations
of any provision of this chapter may be enforced by the discontinuance of
water supply to the premises, after due notice to the owner or occupant an
opportunity to be heard before the Town Board.
E. This chapter shall be enforced by the Town Building Inspector
and the Town of Crawford Police Department.
[Added 6-10-2004 by L.L. No. 4-2004]
All fees and charges set forth in this chapter may be amended from time
to time by resolution of the Town Board.