Town of Geneva, NY Chapter 161 Water

[HISTORY: Adopted by the Town Board of the Town of Geneva 9-15-1981 by L.L. No. 7-1981 (Ch. 45 of the 1972 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Flood damage — See Ch. 80.

Sewers — See Ch. 118.

Swimming pools — See Ch. 141.

§ 161-1 Intent.

It is the purpose of this chapter to protect and enhance the public health and welfare of the Town of Geneva by providing for rules and regulations governing the public water supply within the Town of Geneva.

§ 161-2 Acceptance of rules.

Every person who shall be supplied or whose property shall be supplied with water by any water district in the Town of Geneva shall be deemed to have accepted and approved the rules of the Town Board governing and regulating the supplying of water. Wherever the word "consumer" shall be used in the rules and regulations, it shall mean the owner or owners of the premises. The continuance of the consumer to take water after any amendment or change of these rules shall be deemed an acceptance of such amendment or change.

§ 161-3 Service connections to be done by water district.

All service connections with the principal mains and service pipes from said principal mains to approximately two feet from lot line, including tapping of main, corporation cock, copper or plastic pipe, curb cock and box for the same shall be put in and installed only by properly authorized persons acting under the direction of the Town Board or its agent at the expense of the consumer.

§ 161-4 Work to be done by owner.

All connections from the curb cock to the meter location shall be done by the consumer at his or her own cost and expense, under the supervision of the Town Board or its agent, and all installations shall be subject to approval by the Town Board or its agent before water shall be turned on.

§ 161-5 Plumber to be agent of owner.

The plumber or any other person designated and employed by the owner of the premises will be considered the agent of such owner while employed in the execution of the work of introducing water into such premises and in no sense as the agent of the water district. The town will not be responsible for the acts of such persons.

§ 161-6 Application for service.

Every person desiring a supply of water through the principal water mains must make application at the office of the Town Board, or the Water Superintendent of the Town of Geneva, for a service pipe and connection with the main. Such application shall be made, in writing, upon a blank form furnished by said Town Board or its agent and must be signed by the owner of the property or his or her duly authorized agent, and the meter deposit and connection charge must be paid.

§ 161-7 Water service materials.

The following materials alternatives will be allowed for installation in addition to type K copper:

A. Water services 3/4 inch to two inches shall be polyethylene high-density high-molecular-weight tubing classified as PE 3306 Ultra-High Molecular Weight with a pressure rating of 160 pounds per square inch conforming to ASTM Designation D 2737-SDR9. All tubing shall be approved by the National Sanitation Foundation (NSF). Tubing shall be CTS or equal with compression fittings.

B. Installation of these materials shall be in a trench 4 1/2 feet deep with sand or fine crusher run bedding conditions. No backfill shall be started until the installation has been witnessed and accepted by the Superintendent or his or her duly authorized agent.

C. Backfill materials shall be sand or fine crusher run firmly tamped in place around the service to a point one foot above the top of said service. Remaining backfill can be machine placed with care so as to prevent boulders from resting over the pipe. Backfill procedures shall be subject to the approval of the Water Superintendent. The use of either of these materials is acceptable, provided that the owner be responsible for its proper installation and maintenance. Failure to install or maintain the service in a proper manner will warrant shutting off the service at the curb box.

§ 161-8 Opening of curb cocks.

The curb cock controlling any service shall not be opened by any person after connecting said service at the curb, so that water may be supplied to such premises by said service, unless the service pipe installation has been approved by the Town Board or its agent and the meter installation completed. In case of building operations, special permission may be given by the Town Board or Superintendent of the Water Department under such conditions as they may prescribe. The curb cock controlling any water service shall be opened or closed only by the Water Superintendent or his or her duly authorized agent.

§ 161-9 Injury to water supply facilities.

Any person responsible for any injury to any main, pipe, hydrant or other water facility shall reimburse the water district therefor and for the loss of water caused thereby. He or she shall also be responsible for any damage caused by such escaping water.

§ 161-10 Responsibility for trench.

In the case of any excavation for the introduction of water pipe or connection under authority of a permit from the Town Board or its agent, the owner will be held responsible for the trench opened. Public safety and conveniences shall be duly regarded and conserved by the construction of such bridges across open trenches as may be required to ensure safety to the public. Yellow lights, barricades and all such other means of protection against accidents must be provided. Before trenches are back filled, materials and workmanship shall be inspected by the Water Superintendent or his or her agent.

§ 161-11 Service pipe maintenance; costs.

The owner of property into which water is introduced by a service pipe will be required to maintain to perfect order, at his or her own expense, the service pipe from the corporation cock to the meter on or for delivering or supplying water for any purpose. In case such services and fixtures are not so kept in repair, the Town Board or its agent may cause to have made all necessary recall materials and labor required shall be paid by the property owner.

§ 161-12 Stop valve.

Immediately prior to the meter, a stop valve must be installed and shall be conveniently located in order to drain the meter or in such other convenient place as the Superintendent may approve.

§ 161-13 Right of entry.

The Superintendent, town officers, or employees of the water districts, upon presentation of proper credentials, may enter upon any premises where water is being supplied by the water districts or upon any premises when application is made for a permit to connect plumbing with the water pipes, for the purposes of installing, reading, removing or repairing meters or for inspecting the plumbing and fixtures of the water services.

§ 161-14 Shutting off service.

In the case of making or constructing new work in making repairs or leakage tests, the right is reserved to shut off the water from any consumer without notice for as long a period as may be necessary. No water district, its employees or the town shall be liable for any damage which may result to any person, property or premises from shutting off of the water from any main or service, for any purpose whatever, even in cases where no notice is given.

§ 161-15 Change of pressure; liability.

No water districts or the Town of Geneva shall be liable for any damage or loss of any kind to property or persons which may arise from or be caused by any change, either increase or decrease in water supply, from any cause whatever, including negligence on the part of the water district, its agents, servants or employees.

§ 161-16 All service to be metered.

All water furnished through service pipes, whether for residential, commercial or industrial use, shall be metered. No meters shall be set or removed or disturbed except by the Water Department. All meters shall be furnished and installed by the water district. The Water Superintendent or his or her agent shall approve the location of the meter.

§ 161-17 Testing meters.

Any municipal water meter shall be taken out and tested upon complaint of the consumer upon payment of a fee set from time to time by resolution of the Town Board.[1] If upon test of the meter, it is not within 3% of being accurate, it shall be repaired or replaced and the fee returned to the consumer.

[1] Editor's Note: See Ch. A170, Fees.

§ 161-18 Damage to meter; check valve to be installed.

Any damage which the meter and component parts may sustain, resulting from the carelessness of the owner, his or her agent or tenant or from neglect of either of them to properly secure and protect the same, including any damage that may result from allowing said meter to become frozen or to be injured by hot water or steam getting back from a boiler or hot water tank, shall be paid to the affected water district by the owner of the premises. It is required that a check valve be installed in the line after the meter.

§ 161-19 Access to meter.

Whenever a meter is set in any building, the space occupied by the meter and the meter box shall at all times be kept free from rubbish or obstructions of any kind. The owner or tenant shall provide ready and convenient access to the meter so that it may be frequently read and examined by agents of the water district.

§ 161-20 Meter pits.

Meter pits must be at least four feet in diameter and must have four feet of head room. The base must be at least five feet below finish grade. The pit must have a twenty-four-inch diameter access hole and cover. All pits must be approved by the Town Board, its agent or the Water Superintendent.

§ 161-21 Meters for building purposes.

When approved by the Town Board or the Water Superintendent, water meters for building purposes shall be set by the water district at the expense of the contractor or person making such application therefor. In case it is impracticable to place meters for such building purposes, water may be supplied to the contractor or owner at a flat rate.

§ 161-22 Water rates.

Generally, all water consumed shall be recorded and paid for by meter registration and at rates to be fixed by the Town Board. Such rates may from time to time be changed as the Town Board may determine. Water rates and charges for turning on and off, selling meters and taking meters in and out shall be fixed by the Town Board and on file in the Town Clerk's office or the Water Superintendent's office.

§ 161-23 Meter bills; penalty for failure to pay.

Bills for metered water shall be payable quarterly or at such period as may be set by the Town Board. In each instance, meter bills, if not paid in 30 days, shall be increased 10% as a penalty for failure to pay promptly. Failure to receive bill shall not act as a waiver of said penalty. In case of inability to read meter, an estimated bill will be submitted to the owner. Bills will be submitted to the owner of the property, not the tenant.

§ 161-24 Abatements.

No abatement of the charges for water rents shall be allowed on account of the vacancy of any premises supplied with water, unless the water supply is turned off by the water district and the meter removed. For such suspension of service there shall be a charge to be fixed by resolution of the Town Board, which is on file in the Town Clerk's office or the Water Superintendent's office.

§ 161-25 Unpaid charges.

All charges for water, service pipe installation, repairs, damages caused by carelessness or neglect, penalties, etc., shall be made against the premises supplied, and the owner of the premises shall be held responsible therefor. Such charges, if not paid, shall be a lien on the property benefited. All such unpaid charges, on November 1 on any year, shall be added to the next general tax against property. For the discontinuance of water service for nonpayment, the Public Service Law § 116 requires a notice of 15 days prior to the discontinuance of service to multiple dwelling.

§ 161-26 Hydrant control.

All street or road fire hydrants or hydrants for private fire protection from unrestricted service lines are under the control of the water district. No person, except an authorized agent or employee of the water district or a person permitted by the Town Board to take water therefrom, shall operate, use or disturb any hydrant, or any part thereof, or take any water therefrom, under any circumstances whatever, except fire companies for use to control, prevent or extinguish fires.

§ 161-27 Damage to hydrant.

In case any damage to a street or road hydrant is done by any person or his or her agent, having a permit for taking water from said hydrant, the holder of the permit shall pay such damages and all costs and expenses that may be incurred by reason thereof, on demand, to the water district, including loss of water.

§ 161-28 Use of hydrant.

No person shall use any fire hydrant for construction or other purposes without first obtaining a permit for such use from the water district or Superintendent and making any advance payment demanded by said district. The hydrant shall be operated only by a proper hydrant wrench, which shall be obtained from the water district or Superintendent. Water must not be allowed to run except when used. All persons using hydrants shall immediately obey any instructions or orders that may be issued by the Town Board or the Water Superintendent to regulate the use of these hydrants. If required by the Town Board or the Water Superintendent, a meter shall be applied to the connection made with the hydrant at the expense of the party using the same, and said party shall pay for all water by meter measurement at the stipulated rates.

§ 161-29 Valve control.

No person, except a duly authorized representative of the water district, shall open or close or in any way interfere with any valve or gate in any water main or pipe. Any person who has disturbed or displaced a valve box or who has covered a valve box with dirt, paving, plank or other material shall immediately replace the valve box or remove the obstruction.

§ 161-30 Service pipe installation.

Service pipe will be required to be laid not less than four feet six inches below the surface of the earth at any point to the inside of the foundation wall of the building into which the water service is introduced.

§ 161-31 Permit required for sale of water within district.

A. No consumer within any water district shall sell water to anyone for any purpose whatever, unless a specific permit therefor is issued by the Town Board, after due consideration thereby.

B. No water through any connection, pipe or main shall be sold or furnished outside any water districts, without the consent, in writing, of the duly authorized agent for the Town Board, after action of the Town Board and a suitable contract.

§ 161-32 Connections.

No connections of whatsoever nature shall be made by any person between the facilities of the said water districts and any other water system, public or private, without the consent, in writing, of a duly authorized agent for the Town Board, after action of the Town Board.

§ 161-33 Out-of-district users.

Any person, firm, corporation or municipality desirous of obtaining water from the municipal water system, whose dwellings or other structures wherein the water is to be consumed is outside the bounds of a duly enacted and established water district in the town, must make application to the Town Board or its agent, in writing, for such water service as an out-of-district user pursuant to the rules and regulations for water service now or hereafter adopted, or as amended by the Town Board. Unless therein expressly excepted or altered as to such out-of-district user, all terms and conditions of this chapter shall be binding upon such use and such user. If application is accepted, an out-of-district user contract must be executed between the applicant and the town before service is commenced.[1]

[1] Editor's Note: A sample agreement is included at the end of this chapter.

§ 161-34 Discontinuation of service.

It is understood and agreed that failure of the applicant to give written notice to have services discontinued will make the owner of property liable for all water charges against said premises, and such notices must be actually delivered to the office of the Water Superintendent or agent.

§ 161-35 Fire hydrants; specifications.

A. When required. Any developer, contractor or builder of any new housing development, subdivision or business development shall provide fire hydrants for the same. The cost of materials and labor shall be borne by the developer.

B. Location. There shall be no more than 500 feet from any residence or business to the closest hydrant. There shall be no more than 500 feet between hydrants. The distance from the edge of the road or highway and the direction of the steamer outlet shall be as directed by the Town Water Superintendent.

C. Piping. All piping shall be DIP or Class 150 DR 18 PVC approved equal. The minimum size shall be eight inches. The piping system should be looped if possible.

D. Hydrant specifications.

(1) Hydrants shall be safe-top-model compression-type with the following:

(a) Main valve of 5 1/4 inches.

(b) Two two-and-one-half-inch National Standard thread outlets.

(c) One four-and-one-half-inch National Standard thread steamer outlet.

(d) Left opening.

(e) Nonrising stem.

(f) Body red in color with white bonnet and caps.

(g) Approved type: mueller centurior AY23.

(h) Hydrant valve box with a screw-type cover marked "water."

(2) There shall be 4 1/2 feet of ground cover from ground level to the main pipe.

§ 161-36 Cross connections prohibited; remedies.

A. It shall be unlawful for the owners of property or the users of water, or both, to introduce or permit the introduction into the water supply system of pollution or contamination of any kind. Whenever cross connection to other water supply into the system is found or whenever any other condition is found which presents the possibility of contamination or pollution, the water supply to such premises and or other premises from which cross connection is made shall be discontinued immediately until the cross connection is eliminated or the condition remedied. The Water Superintendent of the waterworks may permit or require a backflow preventer of pattern and design which the New York State Department of Health approves as reasonably adequate to prevent contamination, if the Water Superintendent determines that a complete physical separation from the water system is not practicable or necessary or that adequate inspection for cross connection cannot readily be made or that such backflow preventer is necessary because of existing or possible backflow resulting form special conditions, use or equipment.

B. Any corrective measure, disconnection or change on private property shall be at the sole expense of the person in control of such property. Any changes required in the water system outside the property or between the meter and the supply line or distribution system and any charges for cut off or disconnection shall be added to the charges for water against the premises necessitating such expedition.

C. All physical connections which may constitute potential cross connection are prohibited unless constructed, maintained and operated in accordance with the provisions of the New York State Sanitary Code, Chapter 1, Part 5, § 5-1.31.

D. Inspections must be done in January of every year by a certified backflow device tester, and such results must be reported by February of every year to the Water Superintendent.

§ 161-37 Rules and regulations of Town Board.

The Town Board of the Town of Geneva may adopt such further rules and regulations as it may deem necessary or expedient in the implementation and administration of this chapter.

§ 161-38 Penalties for offenses.

Any person, firm or corporation who or which shall violate the provisions of this chapter shall be punishable, upon conviction, as provided in Chapter 1, General Provisions, Article III.