[Adopted 8-23-1988]
[Amended 5-2-2007]
The Water Department assumes no liability for conditions which
exist in the consumer’s plumbing or appliances and cause trouble
coincident with or following installation, repairs or flushing to
any part of the facilities belonging to the Water Department.
[Amended 5-2-2007]
The Water Department shall not be responsible for damages caused
by dirty water resulting from the opening or closing of any gate valve,
the use of any hydrant(s), the breaking of any supply line(s) for
normal operation, maintenance, repairs or any other reason.
[Amended 5-2-2007; 8-15-2012]
A.
The Water Department will endeavor to give due notice to as many
of the customers affected, as time and character of the work permit,
whenever it may become necessary to shut off the supply to any section
of the Town to make repairs or changes or because of a broken main
or service and will, as far as practical, use every effort to prevent
damage or inconvenience. Failure to give such notice shall not render
the Water Department responsible or liable for any damages that may
result from the shutting off or turning on of the water or any subsequent
conditions arising therefrom.
B.
The Water Department reserves the right at any time, without notice,
to shut off the water supply for the purpose of making repairs, extensions
or other reasons, and all consumers having boilers or other appliances
on their premises are hereby warned against the danger of collapse
or damage from these sources and are urged to provide safety devices
as provided for in the Massachusetts Plumbing Code for their protection.
In any event, the Water Department expressly stipulates that it assumes
no liability for damages resulting therefrom.
[Amended 5-2-2007]
The Water Department shall not in any way nor under any circumstances
be liable or responsible to any person or persons for any loss or
damage from any excess or deficiency in the pressure, volume or supply
of water due to any cause whatsoever. The Water Department will undertake
to use all reasonable care and diligence to avoid interruptions and
fluctuations in the service, but cannot and does not guarantee that
such will not occur.
[Amended 1-7-1992]
[Amended 5-2-2007; 8-15-2012]
A.
It is the responsibility of all consumers to ensure that all plumbing,
fixtures, meters and appliances are in good repair and protected from
freezing, at their own expense.
B.
All water passing through a meter is charged for, whether it is used
or wasted through leakage.
C.
The Water Department assumes no liability for loss or damage to any
plumbing, fixtures, meters, appliances or other property due to freezing.
Any repairs made by the Water Department shall be paid for by the
consumer.
D.
Private roads. It is the responsibility of residents and/or owner(s)
to maintain sufficient amount of soil coverage over any water main
on private roads. All water mains and/or services are required to
maintain a minimum of a five-foot depth below finish grade at all
times.
[Amended 1995; 5-2-2007]
No utilities, including but not limited to oil, gas, electric,
cable and/or telephone, shall be placed underground within five (5)
feet horizontally from the water mains or services of the Water Department.
A.
All services are to be metered. All water meters must be purchased
from the Orleans Water Department. Only such meters shall be used
on its water system. Customers who choose to "opt-out" from having
a smart meter installed must make the request in writing. A new analog
meter will be installed and the customer will be charged a meter reading
fee for each water billing from the current schedule of rates and
fees. Non-residential customers (i.e., Commercial, Institutional)
who wish to "opt-out" must first obtain permission on a case by case
basis from the Board of Water and Sewer Commissioners.
[Amended 8-15-2012; 12-15-2021]
B.
Responsibility. The customer will be held responsible for damages
to the water meter. When damage occurs, the Water Department will
furnish and set another meter or repair the damaged meter. The cost
of such repairs or replacement shall be charged to the customer on
the basis of cost of materials, labor and current sales tax on the
materials, in accordance with the Schedule of Rates and Fees.
[Amended 5-2-2007]
D.
Tampering.
(1)
No meter shall be moved or disturbed without the written permission
of the Water Department.
(2)
Anyone causing intentional injury to or interference with the proper recording of a water meter shall be subject to a fine of triple the amount of damages sustained thereby or $1,000, whichever is greater or by imprisonment for not more than one (1) year, or both. Damages shall include the value of the water used and the cost of labor and equipment repair and replacement, in accordance with MGL c. 165, § 11.11.
[Amended 5-2-2007; 8-15-2012]
E.
Access.
[Amended 5-2-2007; 8-15-2012]
(1)
Owners or occupants of any premises served by the Orleans water system
shall, upon verification by Water Department office personnel of their
credentials, authorize entry to their premises without a warrant for
the purpose of inspecting and surveying their water system for new
installation, cross connection, leak detection or to remove, repair,
read or replace any water meter at any time the department deems necessary.
When such access is refused, the water shall be shut off and shall
not be turned on until such access has been allowed and fees have
been paid for shutting off and turning on the water.
(2)
It shall be the duty of all consumers to ensure that their water
meters on service connections be kept easily accessible at all times
for the employees of the Water Department. Failure to provide access
or remove any obstruction which prevents access to the water meter
shall be subject to water shutoff to the premises and it shall not
be turned on until all obstructions are removed, all regulations complied
with, and all expenses for shutting off and turning on the water are
paid.
F.
Testing. Upon written application of an owner or authorized agent
to the Water Department office claiming an error in meter registration,
the meter shall be removed and tested by the Water Department. A fee
shall be paid in advance for the examination and testing of the meter,
plus a charge for the removal and reinstallation of said meter in
accordance with the Schedule of Rates and Fees. If the test proves
the meter to be correct or under registering, the Water Department
shall retain the fee and charge, said sum being the cost of removing
and testing. If the test proves the meter to be over registering,
the meter shall be adjusted at no cost to the property owner, the
fee and charge refunded, and an allowance or rebate will be made for
the amount of water inaccurately registered. A meter registering within
3% of the true amount shall be deemed accurate (AWWA Standards C700).
[Amended 5-2-2007; 8-15-2012]
G.
Multiple units.
[Amended 2-27-1996; 5-2-2007; 8-15-2012]
(1)
Condominium: In the event of condominium construction or the conversion
of existing buildings to condominiums, individual water meters will
be required for each unit by the Water Department.
(2)
Apartment: If one or more apartments are constructed or existing
units converted for rental purposes (either domestic or business),
the owner will have the option of installing individual water meters
or a single meter. If the single meter option is selected, the meter
size can not exceed one inch. If the demand exceeds that of a one-inch
meter, then an appropriate number of one-inch meters will have to
be installed.
H.
Large meters: The Water Department shall supply and maintain meters
up to and including one (1) inch. All meters larger than one (1) inch
shall be purchased from the Orleans Water Department and maintained
by the customer. A stop valve shall be installed near the outlet of
the meter by the customer, at his expense, to permit removal of the
meter. The Water Department will have the right to order the customer
to remove, repair, test for accuracy or replace any meter at any time
that it determines that it is necessary. All tests shall be done in
accordance with American Water Works Association standards and methods
C700-C701 by an approved water meter tester and a written copy of
the results submitted to the Water Department.
[Added effective 7-1-1989; amended 5-2-2007; 8-15-2012]
A.
Easements. An easement and agreement shall be granted to the inhabitants of the Town of Orleans, under the supervision of the Board of Water and Sewer Commissioners, said easement to be on all the ways and lands within the subdivision over which the water main/service(s) is/are to pass. Said easements and agreements are to be in such form as to be acceptable to the Board of Water and Sewer Commissioners and Select Board in accordance with the Orleans Charter § 6-8-3.6-8-3. The cost of preparation and recording of the easement and agreement is to be borne by the party requesting the installation and must be approved as to the form by the Orleans Town Counsel. In any case where an existing municipal water main or appurtenances are located on private property and a recorded easement does not exist, an implied easement is deemed to exist with the same force and effect as a recorded one.
[Amended 5-2-2007; 8-15-2012; 12-15-2021]
B.
Ownership. Any main/mains that is/are installed in a public, private
or travelled way or through an easement shall become and remain the
property of the Town of Orleans, under the supervision of the Board
of Water and Sewer Commissioners.
[Amended 8-15-2012]
C.
Installation of mains and appurtenances.
[Amended 5-2-2007]
(1)
All water main shall be installed according to the Water Department
specifications and requirements at the owner's expense.
(2)
Copies of the specifications and requirements for main installations,
including materials and installation standards, are available at the
Water Department office for a fee in accordance with the Schedule
of Rates and Fees.
(3)
Before any work is commenced by a contractor or developer on the
installation of water mains in a private development, i.e., subdivisions
or condominiums, the final specifications and plans must be approved
by the Water Department. The Board of Water and Sewer Commissioners
reserves the right to determine the location and size of all water
mains to be connected to the water distribution system.
[Amended 8-15-2012]
(4)
All water mains and/or services shall be done under the personal
supervision of a qualified inspector approved by the Water Superintendent,
who shall certify, in writing, that the work has been completed in
accordance with the plans and specifications required by the
Water Department, state and Town regulations. The cost of said inspector
shall be borne by the developer or owners of the development or condominiums.
[Amended 8-15-2012]
D.
Water shall be deemed available if any portion of a subdivision falls
within a radius of 750 feet of an existing water main. This availability
will require the installation of water mains and appurtenances, in
accordance with the current specifications and requirements of the
Water Department, to service the subdivision.
[Added November 1989; amended 4-7-1992; 5-2-2007]
A.
Installation.
(1)
All applications forms for a new water service or replacement of
an existing water service shall be made at the Water Department office
by the owner of the property or by an authorized agent. All applications
must contain the full information requested and shall be accompanied
by a plot plan showing the wastewater system, the location of all
underground utilities and the water entry for a new water installation
and shall be submitted for approval by the Water Superintendent and
the Orleans Health Agent.
[Amended 12-15-2021]
(2)
All water services must be installed according to the specification
and requirements of the Water Department by an approved contractor.
A current list of approved contractors is available at the Water Department
office or from the Water Department page of the Town's website.
[Amended 12-15-2021]
(3)
Applications are subject to the existence of municipal water main
in a street or right-of-way abutting the premises to be served, but
approval of an application shall in no way obligate the Water Department
to extend its mains to provide water to a premises.
[Amended 12-15-2021]
(4)
Based on water use data supplied by the builder/contractor, the Water
Department shall determine the size of the service pipe and water
meter.
(5)
All water services shall be inspected by the Water Department prior
to backfilling. Any service pipe covered before it has been inspected
will be rejected.
(6)
Copies of the specifications and requirements for water service
contractors are available at the Water Department office for a fee
in accordance with the Schedule of Rates and Fees.
[Amended 12-15-2021]
(7)
Treatment. No treatment by any unauthorized personnel shall be permitted.
If anyone is found adding any treatment to the Town's water they will
be subject to water service shutoff.
B.
Meter pits.
(1)
Meter pits shall be allowed only with special permission from the
Board of Water and Sewer Commissioners. If permission is granted,
then the pit must be at a location determined by the Water Superintendent
and must be to the following specifications: four feet in diameter,
six feet deep, and with a heavy-duty metal frost proof cover of 24
inches. Maintenance of the meter pit and cover are the responsibility
of the owner.
(2)
It shall be the policy of the Water Department that when a service line is replaced for the purpose of eliminating a meter pit and relocating the water meter into the house, said service line shall not be considered to be in violation of § 196-10F of the Water Department regulations, Areas not serviced by water main, if new service is installed in the same general area as the existing service. However, said service must comply with existing specifications. If the new service is to be relocated to an area not in the same general area of the existing service, then all regulations must be followed.
C.
Service repairs.
(1)
Water services are considered piping and appurtenances from the water
main to the meter, inclusive. The Orleans Water Department retains
ownership of all public waterworks, including water mains, water services
and water meters within the Town of Orleans. The Water Department
is financially responsible for any repairs of a water service line
from the water main to the curb stop, the shutoff normally located
at the property line. The owner of record is financially responsible
for the repair of the water service line after the curb stop up to
and including the water meter. See Water Service Diagram Appendix
B.[2]
[2]
Editor's Note: Appendix B is included at the end of this chapter.
(2)
Water service lines between the curb stop and the water meter may
be repaired or replaced at the owner's option by the Water Department
or one of its approved contractors. All costs of material and labor
involved in the repair or replacement if performed by the Water Department
shall be the responsibility of the owner. If the owner elects to retain
an approved contractor, the cost of such shall also be the responsibility
of the owner. A list of approved contractors is available at the Water
Department office.
D.
Warranty.
The Water Department warranties any work completed by Water Department
staff for one year from the date of installation or repair. After
one year, any repair of a water service line that the owner is responsible
for will be billed to the owner at the current schedule of rates and
fees and charged after the completion of work. A new one-year warranty
will be put in place for any work completed by the Water Department.
E.
Relocation or alteration. Any relocation or alteration of an existing
water service and/or increase in the demand of said service will require
the updating of the service to the water main so as to comply with
the current specifications for water services.
F.
Areas not serviced by water main. Any service to an existing or new
building on a road not serviced by a water main will require the installation
of a water main and appurtenances per the specifications and requirements
of the Water Department.
G.
Wastewater treatment (including septic) systems.
(1)
Water services shall be laid at least 10 feet horizontally from any
existing or proposed wastewater treatment system, including all components
comprising said system, including but not limited to pipe, tank, pit
and stone. Disposal facilities shall be at least 18 inches below water
supply lines.
(2)
In the event that the upgrading of a septic system conflicts with
the water services, said water services shall be relocated so as to
maintain the 10 feet separation.
(3)
If local conditions prevent the horizontal separation of 10 feet
and the relocation of the water services will not accomplish the separation,
then these cases will be reviewed by the Health Agent and the Water
Superintendent to determine the safest means for the installation.
[1]
Editor's Note: This material was added by the Board of Water
Commissioners (now Board of Water and Sewer Commissioners) between
7-1-1989 and 10-17-1989. Consult municipal records for more precise
information.
[Amended 9-28-1993]
A.
A standby service is defined as a water service for which there is
no present need but where a future need may arise.
B.
In order to qualify for the standby service charge, in accordance
with the Schedule of Rates and Fees, the water service must remain
off for a complete billing year. If the water service is on during
any portion of the billing year, whether any water is used or not,
then the minimum annual charge must be paid.
[Amended 5-2-2007; 8-15-2012]
C.
To place a water service on standby, a written request must be received
by and approved by the Board of Water and Sewer Commissioners.
[Amended 12-15-2021]
D.
A discontinued service is defined as a water service for which there
is no present or future need.
E.
To discontinue a water service, a written request must be received
by and approved by the Board of Water and Sewer Commissioners. The
owner will be billed for labor and materials for the termination of
said water service.
[Amended 12-15-2021]
A.
Bills for water usage are issued on a quarterly basis. Bills for
water usage will be sent directly to owners at permanent addresses
unless otherwise requested in writing. Tenants will not be charged
directly by the Water Department. In all circumstances, the owner
shall remain liable for all charges.
[Amended 9-28-1993; 1995; 5-2-2007; 8-15-2012; 12-15-2021]
B.
Whenever a new meter is installed, the minimum charge for water usage
will be prorated from the date the meter is set.
C.
The Water Department shall be notified immediately of any change
of ownership of property. Billing changes will become effective at
the next regular billing cycle following the notice. The Water Department
shall take a reading of the water meter upon notification of transfer
of ownership. Any outstanding charges and any excess charges must
be adjusted between the buyer and the seller at the passing of papers.
Failure of the seller to notify the Water Department of a change of
ownership does not alleviate the buyer of any charges due the Water
Department. All charges are against the property, and lien procedures
may be instituted if necessary. Change of ownership of properties
who have "opted-out" from the installation of a smart meter must obtain
from the buyer written notice to continue with "opt-out" and the meter
reading fees per billing from the current schedule of rates and fees
or the seller must purchase, at the current rate, a new smart meter
and make arrangements for the installation of said meter.
[Amended 12-15-2021]
D.
The water meters are read quarterly each year with bills issued reflecting any water charges for each quarterly period. The bills will also reflect the basic rate water charges that are payable quarterly in advance. Water bills must be paid within 30 days of date of issue. Payments shall be made to the Town Tax Collector, Orleans, Massachusetts. Interest on unpaid water bills will accrue 30 days from date of issuance of bills at a rate of 14% per annum compounded daily. (See § 158-24.) With the availability to monitor for leaks with the installation of new cellular technology, abatements for leaks will no longer be granted by the Board of Water and Sewer Commissioners except for a substantial hardship. In addition, those who "opt-out" from the technology will also not be granted abatements due to leaks.
[Amended 1-7-1992; 9-28-1993; 5-2-2007; 8-15-2012; 12-15-2021]
E.
If the water bill is not paid by the due date, a demand notice will
be sent to the delinquent account owner with an added $10.00 demand
fee. In the case of failure to pay as the result of a demand notice
or other agreement, the Board of Water and Sewer Commissioners will
certify the outstanding balance, together with any additional fees,
penalties, demands and interest to the Board of Assessors in accordance
with MGL c. 40, § 42C except at the discretion of the Board,
if warranted, accounts may also be shut off until payment in full
plus a $50.00 reconnection fee has been received by the Water Department.
[Amended 1-7-1992; 5-9-2005; 5-2-2007; 8-15-2012; 11-20-2013; 12-15-2021]
F.
The removal of a water meter for winter storage, seasonal off/on,
demolition or renovations in no way changes the minimum charge. Charges
cease only when a service is discontinued.
[Amended 1-7-1992; 9-28-1993; 5-2-2007; 12-15-2021]
G.
A Schedule
of Rates and Fees is available during normal business hours at the
Water Department offices.
[Added 5-2-2007]
[Amended 1-7-1992; 9-28-1993; 5-9-2005; 5-2-2007]
B.
The Water Department shall be notified by the customer or plumber
two (2) weeks in advance for removals for storage and reinstallations
of water meters for seasonal customers. The Water Department requests
that a key be kept on file in the office. The charge for removal,
storage and reinstallation of a water meter is in accordance with
the Schedule of Rates and Fees. This charge will appear on the winter
billing. An additional charge will be charged if a second turn-off/turn-on
is requested in the same year in accordance with the Schedule of Rates
and Fees.
[Amended 8-15-2012; 12-15-2021]
C.
Repairs to water meters due to, but not limited to, freezing, hot
water or other external causes shall be charged to the customer on
the basis of cost of materials, labor and current sales tax on materials.
D.
An annual charge will be made on fire sprinkler system lines and
added to the water bill, in accordance with the Schedule of Rates
and Fees.
E.
A hydrant service charge will be rendered for taking water, with
permission of the Water Superintendent, from a fire hydrant, along
with a minimum charge for the first thirty thousand (30,000) gallons
of water; over that, a charge will be per one thousand (1,000) gallons,
in accordance with the Schedule of Rates and Fees.
F.
Charges for meter setting of new water services is in accordance
with the Schedule of Rates and Fees. In addition, each new customer
coming onto the distribution system is charged a one-time system demand
fee in accordance with the Schedule of Rates and Fees.
G.
For installation of an eight-inch water main, the tapping fee for
connecting into the distribution system is in accordance with the
Schedule of Rates and Fees.
H.
Backflow device testing fees according to the schedule of rates and
fees will be charged for each test completed and added to the water
bill.
[Added 12-15-2021]
[Amended 9-28-1993; 8-15-2012]
The Board of Water and Sewer Commissioners reserves the right
to review any request for waivers from these regulations and to make
its decision based on the reasons for the request, the fairness of
the request, the interest of the Town (taking into consideration,
when applicable, situations caused by prior regulations no longer
in effect) and any other pertinent information included with the request.
Each request will be evaluated on its own merit and in no way will
be determined to set a precedent for any future request.
These regulations supersede any previous regulations.
[Added 1-6-1993; amended 5-2-2007; 12-15-2021]
The taking or withdrawing of water by anyone other than a Town
employee, acting in their official capacity, is strictly prohibited
without prior approval from the Water Department. The taking or withdrawing
of water from a hydrant must be metered. Any approval from the Water
Department will require that a Water Department employee be present
for the activation of the hydrant. That employee's time will be billed
at the current labor charge in accordance with the Schedule of Rates
and Fees. This charge will be in addition to any other charges for
the water used. Any violation of this regulation will be prosecuted
as allowed under MGL c. 40, § 39G.
[Added 8-15-2012]
All of the provisions of the Water Bylaw set forth in Chapter 158 of the Town Code are hereby incorporated herein by reference and made a part hereof as if fully set forth herein.
