Town of Hempstead, NY
Nassau County
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[HISTORY: Comes from L.L. No. 9-1996, adopted 1-30-1996, effective 2-5-1996.[2]]
GENERAL REFERENCES
Department of Water — See Ch. 69.
[1]:
Editor's Note: Original § 70-0 of this chapter provided the following legislative intent: "A Chapter 70 is hereby established in reference to Chapter 69 of the Town of Hempstead Code. Chapter 70 establishes rates and regulations governing the operation of the Department of Water as established under Chapter 69 of the Town of Hempstead Code which also provided for Department of Water jurisdiction over the Bowling Green Estates, East Meadow, Levittown, Lido-Point Lookout, Roosevelt Field and Uniondale Water Districts."
[2]:
Editor's Note: This local law also repealed former Ch. 70, Department of Water, Rates and Regulations, adopted 5-19-1997 by L.L. No. 46-1967, effective 6-1-1967.
Article I Rates and Regulations

§ 70-1 Definitions.

§ 70-2 Water service.

§ 70-3 Customer classifications authorized.

§ 70-4 Water rates and charges.

§ 70-5 Payment of bills.

§ 70-6 Errors in bills.

§ 70-7 Change in ownership.

§ 70-8 Meters and remote reading devices.

§ 70-9 Installation of meters and remote reading devices.

§ 70-10 Improper functioning of water meters or remote reading devices.

§ 70-11 Meter tests.

§ 70-12 Meter tampering prohibited.

§ 70-13 Vacant premises.

§ 70-14 Submetering prohibited.

§ 70-15 Temporary water service.

§ 70-16 Unmetered water for sewer construction purposes.

§ 70-17 Excavation in streets.

§ 70-18 Water service lines.

§ 70-19 Water service line standards; conformance required.

§ 70-20 Water service line maintenance.

§ 70-21 Connection to water mains.

§ 70-22 Fees for making connections.

§ 70-23 Additions or alterations in or about water pipes.

§ 70-24 Licensed plumbers to make water service repairs or alterations.

§ 70-25 New connections or water main extensions.

§ 70-26 Water service and firematic pipes; maintenance and inspection.

§ 70-27 Water service and firematic valves.

§ 70-28 Joints.

§ 70-29 Winter discontinuance; burst pipes.

§ 70-30 Lawn sprinkler systems.

§ 70-31 Lawn sprinkler systems permits for new systems.

§ 70-32 Existing lawn sprinkler systems.

§ 70-33 Firematic systems.

§ 70-34 Fees for firematic systems.

§ 70-35 Installation and maintenance of firematic mains.

§ 70-36 Existing firematic installations.

§ 70-37 Air-conditioning, refrigeration or water-cooling equipment.

§ 70-38 Existing air-conditioning and refrigeration equipment.

§ 70-39 Use of Department water for air-conditioning and refrigeration equipment.

§ 70-40 Fire hydrants.

§ 70-41 Filling of tank trucks.

§ 70-42 Control of backflow and cross-connections.

§ 70-43 Demolition; service disconnection.

§ 70-44 Discontinuance of service.

§ 70-45 Inspection of premises.

§ 70-46 Emergency rules authorized.

§ 70-47 Well site restrictions.

§ 70-48 Enforcement; penalties for offenses.

Article II Water Conservation

§ 70-49 Purpose.

§ 70-50 Public information.

§ 70-51 Water rates.

§ 70-52 Water-saving fixtures.

§ 70-53 Sprinkling restrictions.

§ 70-54 Water for cooling.

§ 70-55 Unauthorized water use.

§ 70-56 Nonresidential retrofitting water fixtures.

§ 70-57 Residential retrofitting water fixtures.

§ 70-58 Large volume users.

§ 70-59 Car wash installation; fountains.

§ 70-60 Unaccounted-for water.

§ 70-61 Lloyd aquifer.

§ 70-62 Severability.

§ 70-1 Definitions.

As used in this chapter, the following words or phrases shall have the meanings annexed to each:
AIR-CONDITIONING EQUIPMENT
Any combination of equipment by which heat is removed from the air and from which the accumulated heat is wholly or partially removed by the use of water directly or indirectly from the public water supply system.
AIR GAP
The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device and the flood-level rim of the receptacle.
APPROVED
Accepted by the Department as meeting an applicable specification stated or cited in this chapter or as suitable for the proposed use.
AUXILIARY SUPPLY
Any water source or system other than the potable water supply that may be available in the building or premises.
BACKFLOW
The flow of water or other liquids, mixtures or substances into the distributing pipes of a potable water supply from any source or sources other than its intended source.
BACKFLOW CONNECTION
Any arrangement whereby backflow can occur.
BACKFLOW PREVENTER
A device or means to prevent backflow.
BACKFLOW PREVENTER, REDUCED-PRESSURE-PRINCIPLE-TYPE
An assembly of differential valves and check valves, including an automatically opened spillage port to the atmosphere.
BACKSIPHONAGE
Backflow resulting from negative pressures in the distributing pipes of a pothole water supply.
BAROMETRIC LOOP
A loop of pipe rising at least 35 feet at its topmost point above the highest fixture it supplies.
CHECK VALVE
A self-closing device, which seats readily and completely, which is designed to permit the flow of fluids in one direction and to close if there is a reverse flow.
COMMERCIAL SERVICE
Water service to high-consumption customers, business, factory, industrial and institutional properties.
COMMISSIONER
The Commissioner of the Department of Water of the Town of Hempstead.
CONTAMINATION
The presence of any foreign substance (organic, inorganic, radiological or biological) in water that tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.
CORPORATION STOP
The valve immediately adjacent to the distribution main in which the service line is installed.
CROSS-CONNECTION
Any physical connection or arrangement between two otherwise separate piping systems, one of which contains potable water or any potable water supply, and any other system which may consist of any waste pipe, soil pipe, vent pipe, sewer, drain, underground piping or any unapproved source or system containing water of unknown or questionable safety or steam, gases or chemicals. Furthermore, it is any potable water supply outlet which is submerged or can be submerged in wastewater and/or any other source of contamination. No physical "cross-connection" should be permitted between public or private water distribution systems containing potable water and any other system containing water of questionable quality or containing contaminating or polluting substances.
CURB BOX
The casing that houses the curb valve with provisions for the operating rod.
CURB VALVE
An approved valve in the service line located in or adjacent to the public right-of-way to control the water supply in the service line.
CUSTOMER
A water consumer who has an established account with the Department of Water of the Town of Hempstead.
DEPARTMENT
The Department of Water of the Town of Hempstead, providing water services to six special town water districts. These water districts are: Bowling Green Estates, East Meadow, Levittown, Lido-Point Lookout, Roosevelt Field and Uniondale Water Districts.
DISTRIBUTION MAINS OR WATER MAINS
Those Department water supply mains or pipes from which the water service lines are connected.
DISTRICT
A water district which is a specific geographical area wherein water is supplied and related costs are accounted.
DOMESTIC METER
Any meter size of one inch or less.
DOMESTIC SERVICE
Water service to one residence with service lines of one inch or less and are normally residential.
DRAIN
Any pipe that carries wastewater or waterborne wastes in a building drainage system.
EFFECTIVE OPENING
The minimum cross-sectional area at the point of water supply discharge, measured or expressed in terms of the diameter of a circle or, if the opening is not circular, the diameter of a circle of equivalent cross-sectional area.
EXPANSION LOOP
Excess pipe or tubing provided by curving a line to absorb expansion and contraction.
FIREMATIC SYSTEM
Fire sprinklers, standpipes and other installed fire prevention or fire-fighting systems that are connected to the Department's distribution mains systems.
FIXTURE, PLUMBING
Installed receptacles, devices or appliances supplied with water or that receive or discharge liquids or liquid-borne wastes.
FLOOD-LEVEL RIM
The edge of the receptacle from which water overflows.
FLUSHOMETER VALVE
A device which discharges a predetermined quantity of water to fixtures for flushing purposes and is actuated by direct water pressure.
FREE WATER SURFACE
A water surface that is at atmospheric pressure.
FROSTPROOF CLOSET
A hopper with no water in the bowl and with the trap and water supply control valve located below frost line.
HEALTH HAZARD
Any conditions, devices or practices in the water supply system and its operation which create a danger to the health and well-being of the water consumer.
HYDROPNEUMATIC TANK
A pressure valve in which air pressure acts upon the surface of the water contained within the vessel, pressurizing the water distribution piping connected to the vessel.
INDIRECT WASTE PIPE
A drainage used to convey liquid wastes that does not directly connect with the drainage system but which discharges into the drainage system through an air-break into a vested trap or a properly vested and trapped fixture, receptable or interceptor.
INLET
The open end of the water supply pipe through which the water is discharged into the plumbing fixture.
LETTER OF WATER AVAILABILITY
A prerequisite approval by the Department for the furnishing of a supply of water by the Department for a new service or an expansion of an existing service to ensure that an adequate and sustainable supply of water is available for such service.
NONPOTABLE WATER
Water that is not safe for human consumption or that is of questionable potability.
OWNER
The person or persons having legal title to property.
PERSON
Any individual, company, organization, partnership, any unincorporated association, a corporation or any other legal entity.
PLUMBING HAZARD
Any arrangement of plumbing, including piping and fixtures, whereby a crossconnection is created.
PLUMBING SYSTEM
The water supply and distribution pipes, plumbing fixtures and traps; soil, waste and vent pipes; building drains and building sewers, including their respective connections, devices and appurtenances within the property lines of the premises; and water-treating or waste-using equipment.
POLLUTION
Shall have the same meaning as "contamination" defined herein.
POTABLE WATER
Water that is free from impurities present in amounts sufficient to cause disease or harmful physiological effects.
PUBLIC WATER SUPPLY
The supply of water in the distribution mains.
REDUCED-PRESSURE-PRINCIPLE BACKFLOW PREVENTER
An assembly of differential valves and check valves, including an automatically opened spillage port to the atmosphere designed to prevent backflow.
REFRIGERATION EQUIPMENT
Shall have the same meaning as "air-conditioning equipment" defined herein.
REMOTE READING DEVICE
A weatherproof receptacle mounted either to the exterior of a building or meter pit cover and wired to the register of the customer's meter.
SERVICE LINE
That waterline or pipe connected to the distribution main and through which water is available to a property.
SIAMESE CONNECTION
A fire hose connection on the exterior of a building for either a standpipe or fire sprinkler system, or both.
STANDPIPE
An installation fire hose connection affixed to the inside of a building for the purpose of extinguishing fires.
STATEMENT OF CHARGES
A written statement prepared by the Department indicating current and arrears charges against an account.
SUBMETERING
Supplying water to another facility from an established metered property.
SURGE TANK
The receiving, nonpressure vessel forming part of the air-gap separation between potable and an auxiliary supply.
TAPS
The physical penetration of a distribution main for the purpose of installing a service line or extension of distribution service.
TOWN
The unincorporated area of the Town of Hempstead.
TOWN BOARD
The Town Board of the Town of Hempstead.
VACUUM
Any pressure less than that exerted by the atmosphere.
VACUUM BREAKER
A method of preventing reverse flow into the public water supply system.
VACUUM BREAKER, NONPRESSURE-TYPE
A vacuum breaker designed so as not be be subject to static line pressure.
VACUUM BREAKER, PRESSURE TYPE
A vacuum breaker designed to operate under conditions of static line pressure.
WATER BILL
All charges against an account for water consumed, services performed, balances due and penalties imposed.
WATER-CONSERVING DEVICE
A cooling tower, spray pond, evaporating condenser or other equipment which is cooled by recirculated water.
WATER OUTLET
A discharge opening through which water is supplied to a fixture into the atmosphere (except into an open tank which is part of the water supply system), to a boiler or heating system or to any devices or equipment requiring water to operate but which are not part of the plumbing system.
WATER SUPPLY SYSTEM
The water service pipe, the water-distributing pipes and the necessary connecting pipes, fitting control valves and all appurtenances in or adjacent to the building or premises. The "water supply system" is part of the plumbing system.
WET CUT
The penetration of the distribution main to install a service line or main extension when the required penetration is too large or too complicated for a conventional tap. "Wet cuts" are usually for service lines two inches in diameter or larger.

§ 70-2 Water service.

A. 
All water service, of whatsoever kind and nature, shall be rendered by meter only, and customers shall be billed for such service by the Department, unless as herein specified.
B. 
No new water service or additional water service to an existing customer shall be provided by the Department until such time as a letter of water availability is issued by the Department of Water for service. Such letter of water availability shall constitute approval of service.
C. 
A letter of water availability shall remain in effect for a period of 180 days from the date of issuance. If the requested service is not activated within this time, nor an additional written request made by the applicant for an extension of the letter of water availability for an additional 180 days is made, and if such additional is not granted by the Department, the letter of water availability shall be deemed void.
D. 
The failure to obtain a letter of water availability shall hereinafter result in the immediate discontinuance of service. The Department of Water shall cause to be served a written notice of discontinuance by personal service or by certified mail, postage paid, return receipt requested, and addressed to the owner's last known address and, if by certified mail, a copy of the notice shall be posted on the premises.
E. 
The Department of Water reserves the right to rescind and/or modify a letter of water availability at any time prior to activation of the service if the Department's ability to provide such service is limited based on regulations and restrictions imposed by the New York State Department of Environmental Conservation and/or the New York State Department of Health.
F. 
Customers requesting and approved for water service shall make application for water service with the Town of Hempstead Department of Water which application provides for customer conformance with all Department of Water rates and regulations.
G. 
Monthly charge per water meter.
(1) 
Where occupancy of a building occurs without the presence of an active metered water service to said premises, the Department shall render therein a monthly charge per water meter which shall be based upon the following water meter size to be installed at the subject premises.
Meter Size
(inches)
Charge
1 or less
$50
1 1/2
$75
2
$100
Greater than 2
$200
(2) 
Said charge shall be rendered on a pro rata basis for that portion of the month where service remains unmetered.

§ 70-3 Customer classifications authorized.

The Town Board, from time to time, may fix classifications of customers and establish water rates and charges to be paid by customers in those classifications.

§ 70-4 Water rates and charges.

A. 
A basic charge shall be levied on a quarterly basis for all customers irrespective of water consumed and shall be included therein as part of water rent charges. Effective January 1, 2015, the basic charge shall increase to $8.
[Amended 8-5-2014 by L.L. No. 63-2014, effective 8-12-2014]
B. 
The following water rates are hereby established: The first zero to 20 gallons per day shall be billed at $1.130 per thousand gallons for the year 2015, $1.299 per thousand gallons for the year 2016, and $1.494 per thousand gallons for the year 2017 per quarter year, and thereafter as per Schedule of Water Rates up to $4.032 per thousand gallons for the year 2015, $4.636 per thousand gallons for the year 2016, and $5.332 per thousand gallons for the years 2017 and thereafter.
[Amended 12-7-1999 by L.L. No. 46-1999, effective 12-30-1999; 3-9-2004 by L.L. No. 27-2004, effective 3-22-2004; 8-5-2008 by L.L. No. 61-2008, effective 8-21-2008; 12-6-2011 by L.L. No. 98-2011, effective 12-19-2011; 8-5-2014 by L.L. No. 63-2014, effective 8-12-2014]
C. 
Increase in certain water rates.
[Amended 6-18-1996 by L.L. No. 41-1996, effective 7-10-1998]
(1) 
Water rates as specified under § 70-4, Water rates and charges, Subsection B, shall be increased pursuant to § 198, Subdivision 3(d), of the Town Law and opinions of the State Comptrollers (69-543) (88-58) for accounts serving park facilities of the Town of Hempstead and the County of Nassau in Lido-Point Lookout Water District for a period to coincide with capital debt expense associated with Town Board Resolution Number 1250-1992, as adopted December 15, 1992, and other subsequent capital debt expense.
(2) 
The defrayment of the above capital debt expense shall be provided for by causing the water rates as applied to accounts serving park facilities of the Town of Hempstead and the County of Nassau to be increased. Said increase, based upon engineering study, shall provide an increase of revenues to be proportionally adjusted annually as required to outstanding capital debt expense associated with Town Board Resolution Number 1250-1992, as adopted December 15, 1992, and other subsequent capital debt expense.
Schedule of Water Rates 2015-2017
[Last amended 8-5-2014 by L.L. No. 63-2014, effective 8-12-2014]
Rate Block
(gallons per day)
2015 Rate per
1,000 Gallons
2016 Rate per
1,000 Gallons
2017 Rate per
1,000 Gallons
0 - 20
$1.130
$1.299
$1.494
21 - 40
$1.130
$1.299
$1.494
41 - 60
$1.130
$1.299
$1.494
61 - 80
$1.130
$1.299
$1.494
81 - 100
$1.179
$1.356
$1.559
101 - 120
$1.187
$1.365
$1.569
121 - 140
$1.196
$1.375
$1.582
141 - 160
$1.205
$1.386
$1.594
161 - 180
$1.216
$1.398
$1.608
181 - 200
$1.224
$1.407
$1.618
201 - 220
$1.234
$1.420
$1.633
221 - 240
$1.245
$1.432
$1.647
241 - 260
$1.253
$1.441
$1.657
261 - 280
$1.261
$1.450
$1.667
281 - 300
$1.273
$1.464
$1.683
301 - 320
$1.282
$1.475
$1.696
321 - 340
$1.290
$1.483
$1.706
341 - 360
$1.301
$1.496
$1.720
361 - 380
$1.310
$1.506
$1.732
381 - 400
$1.318
$1.515
$1.743
401 - 420
$1.327
$1.526
$1.755
421 - 440
$1.339
$1.540
$1.771
441 - 460
$1.347
$1.549
$1.781
461 - 480
$1.356
$1.560
$1.794
481 - 500
$1.367
$1.572
$1.808
501 - 520
$1.376
$1.583
$1.820
521 - 540
$1.384
$1.592
$1.830
541 - 560
$1.395
$1.604
$1.844
561 - 580
$1.405
$1.616
$1.859
581 - 600
$1.413
$1.625
$1.869
601 - 620
$1.421
$1.634
$1.879
621 - 640
$1.433
$1.648
$1.895
641 - 660
$1.441
$1.657
$1.906
661 - 680
$1.450
$1.668
$1.918
681 - 700
$1.463
$1.682
$1.934
701 - 720
$1.470
$1.691
$1.944
721 - 740
$1.478
$1.700
$1.955
741 - 760
$1.486
$1.708
$1.965
761 - 780
$1.500
$1.724
$1.983
781 - 800
$1.509
$1.735
$1.995
801 - 820
$1.516
$1.744
$2.006
821 - 840
$1.527
$1.756
$2.020
841 - 860
$1.535
$1.765
$2.030
861 - 880
$1.544
$1.776
$2.042
881 - 900
$1.557
$1.790
$2.058
901 - 920
$1.566
$1.801
$2.071
921 - 940
$1.573
$1.809
$2.081
941 - 960
$1.581
$1.818
$2.091
961 - 980
$1.592
$1.831
$2.105
981 - 1,000
$1.601
$1.841
$2.118
1,001 - 1,500
$1.623
$1.866
$2.146
1,501 - 2,000
$1.638
$1.884
$2.167
2,001 - 2,500
$1.658
$1.907
$2.193
2,501 - 3,000
$1.677
$1.928
$2.217
3,001 - 3,500
$1.695
$1.950
$2.242
3,501 - 4,000
$1.717
$1.974
$2.270
4,001 - 4,500
$1.734
$1.994
$2.293
4,501 - 5,000
$1.752
$2.015
$2.317
5,001 - 5,500
$1.769
$2.035
$2.340
5,501 - 6,000
$1.791
$2.059
$2.368
6,001 - 6,500
$1.808
$2.079
$2.391
6,501 - 7,000
$1.829
$2.104
$2.419
7,001 - 7,500
$1.848
$2.125
$2.444
7,501 - 8,000
$1.863
$2.143
$2.464
8,001 - 8,500
$1.886
$2.169
$2.495
8,501 - 9,000
$1.903
$2.189
$2.517
9,001 - 9,500
$1.920
$2.208
$2.539
9,501 - 10,000
$1.943
$2.235
$2.570
10,001 - 11,000
$1.959
$2.253
$2.590
11,001 - 12,000
$1.977
$2.274
$2.615
12,001 - 13,000
$1.999
$2.299
$2.643
13,001 - 14,000
$2.016
$2.318
$2.666
14,001 - 15,000
$2.034
$2.339
$2.690
15,001 - 16,000
$2.054
$2.362
$2.717
16,001 - 17,000
$2.073
$2.384
$2.741
17,001 - 18,000
$2.091
$2.405
$2.766
18,001 - 19,000
$2.111
$2.428
$2.792
19,001 - 20,000
$2.131
$2.451
$2.819
20,001 - 21,000
$2.147
$2.469
$2.839
21,001 - 22,000
$2.168
$2.494
$2.868
22,001 - 23,000
$2.185
$2.513
$2.890
23,001 - 24,000
$2.204
$2.534
$2.915
24,001 - 25,000
$2.224
$2.557
$2.941
25,001 - 26,000
$2.241
$2.577
$2.963
26,001 - 27,000
$2.261
$2.600
$2.990
27,001 - 28,000
$2.281
$2.623
$3.016
28,001 - 29,000
$2.298
$2.642
$3.039
29,001 - 30,000
$2.318
$2.666
$3.065
30,001 - 31,000
$2.336
$2.687
$3.090
31,001 - 32,000
$2.356
$2.710
$3.116
32,001 - 33,000
$2.375
$2.731
$3.141
33,001 - 34,000
$2.393
$2.752
$3.165
34,001 - 35,000
$2.412
$2.774
$3.190
35,001 - 36,000
$2.430
$2.795
$3.214
36,001 - 37,000
$2.449
$2.816
$3.239
37,001 - 38,000
$2.469
$2.839
$3.265
38,001 - 39,000
$2.487
$2.860
$3.290
39,001 - 40,000
$2.506
$2.882
$3.314
40,001 - 41,000
$2.524
$2.903
$3.338
41,001 - 42,000
$2.543
$2.924
$3.363
42,001 - 43,000
$2.563
$2.947
$3.389
43,001 - 44,000
$2.581
$2.969
$3.414
44,001 - 45,000
$2.600
$2.990
$3.438
45,001 - 46,000
$2.620
$3.013
$3.465
46,001 - 47,000
$2.637
$3.032
$3.487
47,001 - 48,000
$2.657
$3.055
$3.514
48,001 - 49,000
$2.677
$3.078
$3.540
49,001 - 50,000
$2.694
$3.098
$3.563
50,001 - 52,000
$2.712
$3.119
$3.587
52,001 - 54,000
$2.732
$3.142
$3.614
54,001 - 56,000
$2.751
$3.164
$3.638
56,001 - 58,000
$2.768
$3.183
$3.660
58,001 - 60,000
$2.789
$3.208
$3.689
60,001 - 62,000
$2.808
$3.229
$3.713
62,001 - 64,000
$2.825
$3.249
$3.736
64,001 - 66,000
$2.846
$3.273
$3.764
66,001 - 68,000
$2.863
$3.293
$3.787
68,001 - 70,000
$2.882
$3.314
$3.811
70,001 - 72,000
$2.902
$3.337
$3.838
72,001 - 74,000
$2.920
$3.358
$3.862
74,001 - 76,000
$2.940
$3.382
$3.889
76,001 - 78,000
$2.957
$3.401
$3.911
78,001 - 80,000
$2.977
$3.424
$3.938
80,001 - 82,000
$2.996
$3.445
$3.962
82,001 - 84,000
$3.014
$3.467
$3.987
84,001 - 86,000
$3.034
$3.490
$4.013
86,001 - 88,000
$3.051
$3.509
$4.035
88,001 - 90,000
$3.071
$3.532
$4.062
90,001 - 92,000
$3.088
$3.552
$4.084
92,001 - 94,000
$3.108
$3.575
$4.111
94,001 - 96,000
$3.128
$3.598
$4.137
96,001 - 98,000
$3.145
$3.617
$4.160
98,001 - 100,000
$3.165
$3.640
$4.186
100,001 - 102,000
$3.182
$3.660
$4.209
102,001 - 104,000
$3.204
$3.685
$4.237
104,001 - 106,000
$3.222
$3.706
$4.262
106,001 - 108,000
$3.239
$3.725
$4.284
108,001 - 110,000
$3.261
$3.750
$4.313
110,001 - 112,000
$3.276
$3.768
$4.333
112,001 - 114,000
$3.298
$3.793
$4.362
114,001 - 116,000
$3.318
$3.816
$4.388
116,001 - 118,000
$3.333
$3.833
$4.408
118,001 - 120,000
$3.355
$3.858
$4.437
120,001 - 122,000
$3.372
$3.878
$4.459
122,001 - 124,000
$3.390
$3.899
$4.484
124,001 - 126,000
$3.414
$3.926
$4.514
126,001 - 128,000
$3.429
$3.943
$4.535
128,001 - 130,000
$3.447
$3.965
$4.559
130,001 - 132,000
$3.467
$3.988
$4.586
132,001 - 134,000
$3.486
$4.009
$4.610
134,001 - 136,000
$3.503
$4.028
$4.633
136,001 - 138,000
$3.525
$4.053
$4.661
138,001 - 140,000
$3.543
$4.074
$4.686
140,001 - 142,000
$3.558
$4.092
$4.706
142,001 - 144,000
$3.582
$4.119
$4.737
144,001 - 146,000
$3.598
$4.138
$4.759
146,001 - 148,000
$3.615
$4.158
$4.781
148,001 - 150,000
$3.639
$4.184
$4.812
150,001 - 160,000
$3.654
$4.202
$4.832
160,001 - 170,000
$3.672
$4.223
$4.857
170,001 - 180,000
$3.694
$4.248
$4.885
180,001 - 190,000
$3.711
$4.268
$4.908
190,001 - 200,000
$3.728
$4.287
$4.930
200,001 - 210,000
$3.750
$4.312
$4.959
210,001 - 220,000
$3.768
$4.333
$4.983
220,001 - 230,000
$3.787
$4.354
$5.008
230,001 - 240,000
$3.807
$4.378
$5.034
240,001 - 250,000
$3.823
$4.397
$5.057
250,001 - 260,000
$3.844
$4.420
$5.083
260,001 - 270,000
$3.864
$4.443
$5.110
270,001 - 280,000
$3.881
$4.463
$5.132
280,001 - 290,000
$3.901
$4.486
$5.158
290,001 - 300,000
$3.919
$4.507
$5.183
300,001 - 310,000
$3.936
$4.526
$5.205
310,001 - 320,000
$3.959
$4.553
$5.236
320,001 - 330,000
$3.976
$4.572
$5.258
330,001 - 340,000
$3.993
$4.592
$5.281
340,001 - 350,000
$4.013
$4.615
$5.307
350,001 +
$4.032
$4.636
$5.332
D. 
Bill shall be rendered on a quarterly, bimonthly, monthly basis as determined by the Department.
E. 
Batteries of meters and/or multiple meters servicing a premises shall be charged as follows: The charge for batteries of meters and/or multiple meters shall be determined by computing the average daily flow through the aggregate of meters and applying the Schedule of Water Rates in Subsection B hereof.
F. 
Each dwelling, building or customer shall be separately metered.
G. 
Governmental and municipal agencies which receive water service from the Department and shall be charged for service as indicated under Subsections A, B and C hereof, subject to any adjustments that may be established by the Town Board.
H. 
Where authorized personnel of the Department are unable to read a meter during the scheduled period, an estimated bill shall be rendered. The estimated bill shall be an amount based on recorded consumed water in equivalent period during previous years.
I. 
Premises not served by remote reading devices.
(1) 
Owners of premises which are not served by a remote reading type water meter as specified herein under § 70-9D, Installation of meters and remote reading devices, and which have either two consecutive estimated or postcard quarterly water meter readings shall, at the request of the Department, arrange for an appointment with the Department for a water meter reading.
(2) 
All such appointments excluding holidays shall be made Monday through Friday during the normal working hours of 8:00 a.m. to 4:00 p.m. Owners requesting a water meter reading during nonworking hours shall be obligated to pay the overtime expense associated with this type of reading(s).
(3) 
Water service to the owner's premises shall be in accordance with § 70-44. Discontinuance of service may be discontinued until such time as the Department gains access to read the water meter.

§ 70-5 Payment of bills.

A. 
All bills, meter tests and meter repairs and other charges shall be payable to either the Department of Water or to the respective water districts within 45 days of the date of the bill. An additional charge of 10% of the total amount of the current charges shall be added to the bill, if payment for such bills has not been received in the Department by the close of business 45 days from the date of the bill. Other governmental and municipal agencies shall be included under this subsection. If such bills remain unpaid for 90 days or more after the date of the bill, the Department reserves the right to discontinue water service until such time as the bill is paid. Delays occurring in the receipt of customer payments attributable to the United States Postal Service shall not be reason to waive the charge of an additional 10% of the total amount of the current charges. The Commissioner may, wherein extenuating circumstances exist, agree, if deemed equitable, to waive the charge of an additional 10%.
B. 
In addition to Subsection A hereof, a charge of 1% per month shall be rendered against the outstanding balance (noncurrent charges). Other governmental and municipal agencies shall be included under this subsection.
C. 
A charge of $15 shall be levied for the processing of each check received and returned as unsuitable for payment.
D. 
As required by § 198, Subdivision 3(d), of Article 12 of the Town Law of the State of new York, if payment is not received by the close of business at 4:45 p.m. September 15, all delinquent amounts will be added to Nassau County tax rolls and payment for the delinquent amount cannot be accepted by the Department after that date. Such payments shall then be made to the Town Receiver of Taxes when annual town tax levies are paid.
E. 
Bills are due and payable in full as of the date of the billing. Regardless of any understanding or agreement to the contrary, the owner of the property shall be responsible for payment of the bill. However, by special written arrangement between the owner of the property and the Department, a bill may be sent to the owner in care of a tenant or lessee for payment, but the owner shall remain responsible for all unpaid bills. Charges for services to other than property owners are due in full as billed.
F. 
Extension.
[Added 11-13-2001 by L.L. No. 63-2001, effective 11-23-2001]
(1) 
In the event that payments required by subsection A or B herein have not been timely made by reason of the terrorist attacks of September 11, 2001, the initial payment due date as set forth in Subsection A shall be extended to January 2, 2002, and the ten-percent additional charge as set forth in that subsection shall only be imposed on payments not received by the close of business on February 16, 2002.
(2) 
Charges as contemplated by Subsection B of this section shall not be imposed unless there exists an outstanding balance at the close of business on February 16, 2002.
(3) 
Persons or businesses eligible for the above extensions of time shall be those as set forth in State of New York Executive Order 113-25A signed by Governor George E. Pataki on September 28, 2001.

§ 70-6 Errors in bills.

Any customer finding an error in his bill shall report said error to the Department as soon as possible after receipt of the bill so that any valid adjustments may be made. All such adjustments shall require written approval of the Department.

§ 70-7 Change in ownership.

A. 
If property is to be conveyed, the current owner or his authorized representative shall notify the Department to have the meter read at least one week prior to closing on the property, after which a statement of charges due on the account shall be rendered.
B. 
When the property is to be conveyed, the new owner or his authorized representative shall be required to pay a processing fee of $50.
C. 
The new owner or his authorized representative shall make written application for water service upon taking title to the property, although water service may not have been interrupted. The new owner or his authorized representative shall be responsible for all current water charges and any unpaid balances upon taking title to the property.
D. 
A fee of $25 shall be charged for each visit to the Department of Water for the purpose of a title search of Department customer records.

§ 70-8 Meters and remote reading devices.

A. 
Upon the effective date of this chapter, all meters and remote reading devices shall be supplied and serviced by the Department and shall remain the property of the Department.
B. 
All meters and remote reading devices shall be as manufactured by the Neptune Water Meter Company as per Town Board Resolution Number 2059-1957.
C. 
The Department will install meters and remote reading devices up to two inches in size, meters larger than two inches in size will be installed by a plumber licensed in the town. The remote reading device for said meters will be installed by the Department.
D. 
The Department is authorized to install remote reading devices on all existing meters which heretofore were not installed with remote reading devices.
E. 
All meters and remote reading devices not furnished by the Department shall be of a type, make and design approved in writing by the Department.
F. 
Where a meter size is found to be inappropriate for a given consumption, the Department will furnish the appropriate meter and remote reading device. Installation of the new meter setting shall be by a licensed plumber in the Town of Hempstead, and installation of the new meter and remote reading device shall be in accordance with § 70-8C.

§ 70-9 Installation of meters and remote reading devices.

A. 
Meters installed within buildings shall be installed as close as practicable to the point where the service pipe enters and where adequate protection from freezing and damage will be afforded. The meter shall be so located as to have it readily accessible at all times for service, inspection or repair by the Department. There shall be provided a stop valve on both the inlet and outlet sides placed close to the meter. Provisions shall be made to prevent hot water from reaching the meter.
B. 
Meters outside buildings shall be set in an underground meter pit of sufficient size to enable proper setting of the meter. The meter pit shall be located at a point within 10 feet of the building or as approved in writing by the Department, the lid of which shall be flush with the ground level or finished lawn grade or raised above grade to set meter above groundwater. Meter setters shall be installed with stop valves on the inlet side and the outlet side of the meter. The meter dial shall be set approximately 12 inches below the pit cover. All new and existing meters in pits shall be equipped with remote reading devices with the receptacle placed at a convenient location for reading.
C. 
All meters and remote reading devices shall be readily accessible for service, inspection or repair.
D. 
After January 1, 1981, all Department meters are to be of the remote reading type. If for any reason the owner and/or tenant does not permit the installation of a remote reading device, there will be an additional charge of $50 for each billing period to cover the cost of manually reading and billing the customer. If the installation of a remote reading device is not practical for a particular service account, the additional charge of $50 per billing period may be waived.
E. 
All meters and exterior remote reading devices shall not be concealed unless made easily accessible for the Department to service the meter and/or remote receptacle. All costs shall be borne by the customer to provide suitable access to the meter and/or remote reading device for installation, removal or servicing. All meters are to be installed inside buildings except where structural considerations preclude inside installation.

§ 70-10 Improper functioning of water meters or remote reading devices.

A. 
In the case of a leaking meter or a remote reading device requiring repair, the customer shall, with all diligence, give timely notice thereof to the Department.
B. 
If it is found necessary to remove a meter and/or remote reading device for servicing, another meter and/or remote reading device shall be installed by the Department with no charge to the customer, except as herein provided in Subsection D hereof.
C. 
If an improper functioning meter results in inaccurate billing, the Department is herein authorized to provide a billing adjustment to correct any inaccuracy in accordance with § 70-6.
D. 
The costs for all repairs to meters and remote reading devices damaged due to customer or tenant negligence shall be the responsibility of the owner.

§ 70-11 Meter tests.

A. 
A customer may request the Department to test the meter servicing the customer's premises. The Department in performing said test requires the customer to be present at the time of the test. No test will be performed without the customer's presence. If the meter is found to be within specified limits, the customer shall be billed the sum of $10. If the meter is not found to be within specified limits, the customer shall pay no charge and an appropriate billing adjustment, if required, shall be made to the customer's account in accordance with § 70-6.
B. 
The Department reserves the right to test and/or remove any meter, at no cost to the customer, if it is deemed necessary to the Department.
C. 
The Department shall periodically test all meters in service, wherein such tests shall relate to a schedule of meter age or meter registration. Meters which fail to meet specified limits of accuracy shall have the necessary adjustments made or be replaced.

§ 70-12 Meter tampering prohibited.

A. 
Any person with intent to avoid payment by himself or another person for a prospective or already rendered service, the charge or compensation for which is measured by a meter or other mechanical device, who tampers with such device or with other equipment related thereto or in any manner attempts to prevent the meter or device from performing its measuring function without the consent of the Department shall be guilty of a violation of this section. In any prosecution under this subsection, proof that a meter or related equipment has been tampered with or otherwise intentionally prevented from performing its measuring function without the consent of the Department shall be presumptive evidence that the person to whom the service which is at the time being furnished by or through such meter or related equipment has, with intent to avoid payment by himself or another person for a prospective or already rendered service, created or caused to be created with reference to such meter or related equipment the condition so existing. A person who tampers with such a device or equipment without the consent of the Department is presumed to do so with intent to avoid, or to enable another to avoid, payment for the service involved.
B. 
Any person who knowingly accepts or receives the use and benefit of water service which should pass through a meter but has been diverted therefrom, or which has been prevented from being correctly registered by a meter provided therefor, or which has been diverted from the pipes of the Department, shall be guilty of a violation of this section. In any prosecution under this subsection, proof that service has been intentionally diverted from passing through a meter, or has been intentionally prevented from being correctly registered by a meter provided therefor, or has been intentionally diverted from the pipes of the Department, shall be presumptive evidence that the person who accepts or receives the use and benefit of such service has done so with knowledge of the condition so existing.
C. 
Any person with intent to obtain, without the consent of the Department, water who tampers with any equipment designed to supply or to prevent the supply of such service either to the community in general or to particular premises shall be guilty of a violation of this section.

§ 70-13 Vacant premises.

A. 
Owners whose premises are vacant or unoccupied, whether intended for occupancy by the customer or tenant, shall pay a service charge of $50 for removing and $50 for resetting the meter when service discontinuance is requested by the owner.
B. 
If the meter in any vacant or unoccupied premises is damaged or missing, the owner of the premises shall be responsible to pay for any damages or a replacement meter.

§ 70-14 Submetering prohibited.

Submetering or resale of water by customers is prohibited unless specifically approved in writing by the Department.

§ 70-15 Temporary water service.

A. 
Use of water for temporary purposes requires the issuance of a temporary permit from the Department before said service is made available. The applicant desiring said temporary service is required to make application to the Department for such permit. This permit must be approved by the Department and a fee shall be paid by the applicant in accordance with the charges hereinafter set forth.
B. 
Temporary water service where approved by the Department shall be furnished to the applicant either as a metered or unmetered service. The determination as to the type of service furnished shall be made by the Department based upon the nature of service requested by the applicant.
C. 
Unmetered service.
(1) 
Where an unmetered service is specified by the Department, the furnishing of said service may be by either a connection to a Department fire hydrant or a water service line. The applicant will be required to pay in advance a service charge of $100 per connected fire hydrant or connection to a water service line. The applicant will be required to pay in advance for a mutually agreed upon estimated daily consumption using a corresponding water rate as specified herein in § 70-4, Water rates and charges.
(2) 
No Department fire hydrant nor water service line connection shall be used by an applicant for a temporary water service without the applicant first installing a Department approved backflow device.
D. 
Metered service.
(1) 
Where a metered service is specified by the Department, the Department will fix the size of meter(s) based upon the nature of the service required and will furnish the necessary meter(s). Installation and removal of said meter(s) will be by the Department in conformance with Department regulations. Installation of the necessary plumbing arrangements by the applicant shall be in conformance with Department regulations. The applicant shall in addition provide for protection of the meter(s) against damage and theft.
(2) 
The applicant shall be required to pay in advance a service charge of $100 per meter(s). Payment for water consumed through the Department meter(s) shall be based upon meter(s) registration, average daily usage and corresponding water rate as specified herein in § 70-4. A good faith deposit shall be provided by the applicant for meter(s) furnished by the Department to cover any repairs or loss of said meter(s) caused by the applicant's negligence. The amount of the good faith deposit will correspond to the current replacement cost to the Department of the meter(s) furnished.
(3) 
Where a connection to a water main is made to provide a temporary service, a good faith deposit of $400 shall be provided by the applicant for each connection to cover failure by the applicant to disconnect the connections upon termination of the temporary service. Said disconnection shall be made in accordance with conditions as set forth in § 70-43.

§ 70-16 Unmetered water for sewer construction purposes.

A. 
Unmetered water for sewer construction purposes shall be permitted upon the written approval of the Department after written notification by the contractor and/or the Nassau County Department of Public Works that such sewer project has been awarded.
B. 
The contractor will deposit in good faith $25,000 with the Department which shall provide payment estimated for payment for any repairs by the Department to Department property resulting from the actions of said contractor.
C. 
The contractor shall be required to pay in advance for a mutually agreed upon written estimate of water consumption, the cost of which shall be affixed by the average daily consumption and corresponding water rate as specified herein in § 70-4.
D. 
After a period of one year from the date of contract completion, the Department shall, after deducting the cost of any or all Department repairs resulting from the actions of the contractor, provide payment to the contractor for the balance of the good faith deposit as provided by the contractor.

§ 70-17 Excavation in streets.

A. 
No dedicated street or public grounds shall be excavated by any person for the purpose of making a connection with Department water mains or for the laying of any water mains, water service lines and appurtenances unless a permit to excavate from the Department or the governing Highway Department or other public authority having jurisdiction is obtained.
B. 
After such permit is obtained, any improved street or public grounds which shall be excavated for the purpose of making a connection with Department water mains, or for the laying of any Department water mains, water service lines and appurtenances, shall be restored by the applicant according to the terms of said permit. All federal, state or local safety standards and regulations shall be strictly complied with.

§ 70-18 Water service lines.

A separate water service, curb stop and water meter shall be installed for each customer. If the Department shall determine that strict compliance with this section will create practical or technical difficulties or unnecessary hardship, the Department may grant a special permit for more than one customer to use the same service line. The operation, maintenance and control of the service furnished shall be substantially the same as in all single connections.

§ 70-19 Water service line standards; conformance required.

A. 
Except as hereinafter provided, water meters, water service pipes and appurtenances and firematic service lines and appurtenances shall conform to those standards and shall be of whatever size the Department shall determine to be necessary to ensure the proper operation, maintenance, safeguard and control of the service to the customer by the Department.
B. 
All residential water service shall be copper tubing, ASTM B88-70, Type K, or as subsequently modified for seamless copper water tube, with a minimum diameter of not less than one inch.
C. 
All other water service pipes and firematic service lines shall be cement-lined ductile cast-iron or copper tubing, Type K, as above, from the street main to the valve inside the building. Other materials may be used only if approved in writing by the Department.

§ 70-20 Water service line maintenance.

A. 
When necessary, in an emergency or in instances where a customer neglects proper maintenance, the water service line on the customer's side of the curb box located outside of the public right-of-way shall be repaired by the Department and the owner of the property billed for the cost thereof. The cost of said repair shall be subject to the provisions of § 70-5.
B. 
Prior to the Department undertaking any repairs, the owner and/or customer shall be required to sign a written release holding the Department harmless for any damage and/or restoration of any property outside of the public right-of-way.

§ 70-21 Connection to water mains.

A. 
No person or corporation shall make or cause to be made a tap or connection to use water of the Department for any purpose without having first obtained written permission from the Department. All applications for permission for the introduction of water to any premises or for the extension of any pipe for the conveyance of that water shall be made on forms furnished by the Department for that purpose and signed by the owner of the property or his agent. Said application is to be accompanied by a letter of water availability in conformance with the provisions of § 70-2. Payment of the connecting fee, as hereinafter set forth in § 70-22, must be made at the time of filing the application.
B. 
Connection to a Department water main and installation of associated piping and appurtenances shall be done only on the days and at the times prescribed by the Department and only by an employee of the Department or as otherwise authorized by the Department in conformance with this § 70-21.
C. 
All water service pipes and firematic services must be connected to the water main in such fashion so as to provide no less than four feet of cover and no more than five feet of cover.

§ 70-22 Fees for making connections.

A. 
Upon filing an application for a permit to tap or connect with a Department water main, the applicant shall pay a connection fee based upon the size of the pipe to be connected in accordance with following schedule:
Pipe Size
(inches)
Charge
3/4
$125
1
$200
1 1/4
$225
1 1/2
$250
2
$375
Wet cut
$600
B. 
All wet cuts shall be made either by the Department or by a plumber licensed in the town. The applicant or owner shall pay the cost of installation. In addition to the connection fee, no wet cut shall be approved by the Department unless previously inspected by the Department.
C. 
If a wet cut is made by the Department in lieu of a plumber licensed in the town, the applicant or owner shall pay for the cost of the installation in addition to the aforesaid connection fee.

§ 70-23 Additions or alterations in or about water pipes.

A. 
With the exception of the water piping on the customer's side of the meter, no additions or alterations in or about public or private water pipes shall be made by any person until application has been made to the Department and a permit issued for this purpose.
B. 
Tapping and wet cut connections shall be in conformance with § 70-21. No person shall be permitted to interfere with any connections within the water system without specific written permission from the Department.

§ 70-24 Licensed plumbers to make water service repairs or alterations.

Only plumbers licensed in the town or employees of the Department shall be permitted to make any repairs, additions or alterations to water service or firematic piping. A roster of licensed plumbers may be inspected either at the Department of Buildings of the Town of Hempstead or at the Department of Water during business hours.

§ 70-25 New connections or water main extensions.

A. 
A water service valve shall not be left open by any person nor shall any person allow water to flow to any premises or part thereof after making any new connections with the street mains or after making any new extensions or attachments. The Department will have all new connections inspected after notification that the work has been completed and, if found satisfactory, will have a meter installed to allow for the commencement of service.
B. 
Prior to issuance by the Department of a letter of water availability for any water main extension or new connection to the Department's distribution system, the applicant shall submit for review and written approval by the Department engineering plans and specifications for said work. All such engineering plans and specifications shall be prepared by an engineer or architect licensed to practice in the State of New York and shall be in full conformance with Department standards. The applicant is herein prohibited from commencing any water main extension or new connection to the Department's distribution system until which time engineering plans and specifications have received written approval by the Department and a letter of water availability issued as herein specified in § 70-2.
C. 
The furnishing and installation of distribution water mains and appurtenances in the public right-of-way to provide service heretofore not available shall be provided by the person requesting said service. Following installation, said person shall provide the Department with certification by an engineer or architect licensed to practice in the State of New York that installation has been in conformance with previously approved plans and specifications. The installed water mains and appurtenances shall, following the required certification, be offered by said person for dedication to the Department and, following acceptance by the town, be filed with the Clerk of the County of Nassau. Prior to a water main extension or new connection, the issuance of a letter of water availability by the Department is required as indicated in § 70-2.

§ 70-26 Water service and firematic pipes; maintenance and inspection.

A. 
Water service and firematic pipes shall run at right angles to and in a straight line from the water main correction to the building and shall be readily accessible for service, maintenance and repair at all points between the water main connection and the water meter. The distance between taps shall not be less than 18 inches.
B. 
Splicing of water service pipes under two inches in diameter by use of couplings or other means of joining pieces of tubing between the water main connection and the water service valve or between the water service valve and the meter, where less than 60 feet of tubing is required, is prohibited.
C. 
No water service line shall be installed in a driveway, utility or drain trench, and no service line shall be installed less than 10 feet from a septic tank, sewer pipe, drain pipe, cesspool or other type of waste disposal system.
D. 
There shall be no cross-connections between public and private water supply systems or between tanks, reservoirs, vats, air-conditioning equipment, underground lawn sprinkler systems, underground piping, swimming pools or similar structures used for purposes other than storage of potable water as per § 70-42.
E. 
Customers shall keep their own building water pipes, including water service pipes and fixtures on the customer's property connected therewith, in good repair and protected from frost, at their own expense.
F. 
When cross-connections exist or are necessary, they must be constructed or reconstructed, as approved by the Department, to prevent nonpotable flow from entering the potable water supply. Periodic inspections of all cross-connection devices shall be made as required by the Department.
G. 
The Department shall maintain all water service and firematic pipes from the water main connection within the public right-of-way including all valves where said valves are located within the public right-of-way. In case of emergency, the Department may extend service on to the customer's property as herein specified in § 70-20. Prior to the Department undertaking any repairs the owner and/or customer shall be required to sign a written release holding the Department harmless for any damage and/or restoration of any property outside of the public right-of-way.
H. 
Any unauthorized connection to water service and firematic pipes and appurtenances between the water main and meter is herein prohibited. Such unauthorized connection shall result in the immediate discontinuance of service. Said service shall be discontinued until such time the violation is fully corrected and payment received for water consumed which has not been metered. The Department shall cause to be served a written notice of discontinuance by personal service or by certified mail, postage paid, return receipt requested, and addressed to the owner's last known address and if by certified mail, a copy of the notice shall be posted on the premises.
I. 
Any person or persons causing damage to water service and firematic pipes and valving located in the public right-of-way shall be held liable for said damages including any and all claims arising out of the temporary loss of service.

§ 70-27 Water service and firematic valves.

A. 
Every residential water service pipe shall have a water valve located between the property line and the curbing of the street. The valve shall be provided with a valve box, properly set and maintained so that the grade of the cover conforms to the grade of the location. In cases where the water main is located in the sidewalk area, the valve and valve box shall be located between the sidewalk and the property line.
B. 
All other water service pipes including firematic pipes shall have a water valve located adjacent to the connecting water main. The valve shall be provided with a valve box as herein specified in § 70-27A.

§ 70-28 Joints.

No red or white lead or joining compounds shall be used on joints between the main and the meter.

§ 70-29 Winter discontinuance; burst pipes.

A. 
Owners and/or customers whose buildings are to be unattended continuously for 30 days or more between October 15 and April 15 in any year shall notify the Department, in writing, to shut off water service to the house and/or the underground lawn sprinkler at the water service valve(s). A charge of $50 shall be rendered for this service. This charge shall be subject to the same penalties as provided for in § 70-5. If the owner and/or customer does not notify the Department as indicated above, the owner and/or customer shall assume liability for any and all damages resulting therefrom.
B. 
The Department will not assume any responsibility for any damages due to freezing pipes on the owner's property.
C. 
In the event that water service or firematic pipes located in the public right-of-way are found to be frozen, the Department shall be responsible for the thawing of said frozen pipes so as to return to normal service.
D. 
Winterizing and protection of the meter, the plumbing system, fixtures and piping located on the customer's property are the responsibility of the customer. In cases of frozen or burst pipes or meters, due to neglect, the customer shall pay for meter and pipe repairs and all resulting water discharged.
E. 
The quantity of water discharged, from burst pipes and/or meters located on the customer's property, shall be estimated by the Department, and the cost shall be added to the next quarterly, bimonthly or monthly bill and subject to the same penalties as provided for in § 70-5.
F. 
If freezing and bursting occur at locations where meter pits have been installed by the Department, no charge shall be made to the customer.

§ 70-30 Lawn sprinkler systems.

An owner and/or customer shall not use department water for any lawn sprinkler system which requires an underground installation with nozzles either below the surface, flush with the surface or above grade without first having obtained a permit thereof from the Department.

§ 70-31 Lawn sprinkler systems permits for new systems.

A. 
No permit shall be issued for the installation of a lawn sprinkler system unless:
(1) 
The service line supplying the proposed lawn sprinkler system is metered and is connected with an approved backflow prevention device; and
(2) 
The installation has been inspected and given written approval by the Commissioner or his authorized representative, and it has been found that the installation will prevent a return flow of water into the public water supply.
B. 
Where separate lawn sprinkler metered service is installed, all water available as a result thereof shall be used for lawn sprinkling purposes only, in accordance with Subsection A(2) hereof.

§ 70-32 Existing lawn sprinkler systems.

Any existing lawn sprinkler system which does not conform to the requirements of §§ 70-26 and 70-31 shall be removed or discontinued until such time as the system conforms to Department requirements and given written approval by the Department.

§ 70-33 Firematic systems.

A. 
No firematic system designed to use water supplied by the Department shall be installed, operated, continued or maintained without first having obtained a permit from the Department.
B. 
Prior to issuance of a permit by the Department for connection of a firematic main to the Department's distribution system, the applicant for said permit shall submit for review and approval plans and specifications for said work. All such engineering plans shall be prepared by an engineer licensed to practice in the State of New York and shall be in conformance with Department standards. The applicant is herein prohibited from commencing any connection of a firematic main to the Department's distribution system until such time engineering plans and specifications have been given written approval by the Department.

§ 70-34 Fees for firematic systems.

A. 
A quarterly charge shall be levied for connection of a firematic main to the Department's distribution system, said fee shall be based upon the size of the connection thereof. There shall be a separate schedule of quarterly charges for each firematic main serving a given premises.
B. 
Payment for each connection of a firematic main the Department's distribution system shall be as per the following schedule of quarterly charges:
Size of Connection
(inches)
Quarterly Charge
2 or less
$45
3
$60
4
$100
6
$160
8
$275
10
$400

§ 70-35 Installation and maintenance of firematic mains.

A. 
Where a firematic main is required, a main or mains separate and apart from the domestic service servicing the premises shall be connected to the Department's distribution system. Each firematic main shall be provided with a valve and valve box to grade, located adjacent to the connecting water main.
B. 
All installations shall be equipped with an approved detector check valve and bypass meter and in addition shall be equipped with those devices which the Department deems necessary to prevent a return flow of water from the fire sprinkler system into the public water supply.
C. 
Water supplied by a firematic main shall be used only for firematic purposes including the testing of firematic devices attached to said firematic main. Water used for any other purpose is herein prohibited.
D. 
Extraneous material, substances, matter or fluid other than water shall not be added or permitted to flow within said installations, unless and until given written approval by the Department and the New York State Department of Health.

§ 70-36 Existing firematic installations.

The Commissioner or an authorized employee of the Department shall have the authority to inspect existing firematic installations and require compliance with §§ 70-33 and 70-35. Any existing firematic system that is not in conformance with said sections shall be disconnected from the Department's distribution system until which time said system conforms to the requirements of §§ 70-33 and 70-35.

§ 70-37 Air-conditioning, refrigeration or water-cooling equipment.

No air-conditioning, refrigeration or other water-cooling equipment shall be installed, operated, maintained or used unless it is equipped with an approved water-conserving device and until application has been made to the Department and a permit issued thereof.

§ 70-38 Existing air-conditioning and refrigeration equipment.

The Commissioner or an authorized employee of the Department shall have the authority to inspect existing airconditioning and refrigeration equipment and require compliance with §§ 70-37 and 70-39. The owner or occupant of any premises where air-conditioning and/or refrigeration equipment is installed or operated in noncompliance with §§ 70-37 and 70-39 shall remove or disconnect said equipment when placed on written notice by the Department. Failure to do so shall be cause for discontinuance of service until which time water used for cooling purposes is in conformance with §§ 70-37 and 70-39.

§ 70-39 Use of Department water for air-conditioning and refrigeration equipment.

A. 
Department water may be used for air-conditioning and/or refrigeration equipment for the initial filling of the installation, for replacing loss by evaporation or for flushing said equipment, provided that the use therein does not exceed 1/10 gallon per minute per ton of air-conditioning or refrigeration equipment.
B. 
All water connections to air-conditioning or refrigeration equipment shall be equipped with approved backflow prevention devices.
C. 
No air-conditioning or refrigeration equipment using Department water shall be used, installed, operated or maintained upon any premises to which the Department furnishes water on other than a metered basis.

§ 70-40 Fire hydrants.

A. 
No unauthorized person shall open or interfere with Department fire hydrants or draw water therefrom without written permission from the Department and in accordance with § 70-15.
B. 
The Department is authorized herein to enter into agreement with fire districts or fire protection districts located in the Department's water districts to provide public fire protection by making available sufficient quantities of water for prescribed periods of time to meet area fire flow requirements.
C. 
An annual fee of $75 shall be charged for each public fire hydrant located within the Department's water districts. The fee shall be paid by the fire district or fire protection district and shall be billed on a semiannual basis.
D. 
The Department is authorized herein to enter into agreement with owners of private fire hydrants within the Department's water districts to provide annual inspection and maintenance of said fire hydrants by virtue of an annual confirming and ratifying resolution adopted by the Town Board.
E. 
An annual fee of $100 shall be charged to the owner for each private fire hydrant for which said service is rendered. Where repairs to said fire hydrants are necessary, the Department will effect the necessary repairs if so authorized by the owner, the cost of which shall be charged to the owner.
F. 
Requests for the removal or relocation of Department fire hydrants by the Department shall be made in writing to the Department indicating the reason provided for said request. The Department shall then determine if sufficient cause exists for the requested removal or relocation. Subject to written approval by the Department, the person or persons requesting removal or relocation of a Department fire hydrant shall assume all Department costs thereof, payable in advance.
G. 
No person or persons shall cause the obstruction of a Department fire hydrant limiting the visibility of said fire hydrant and/or accessibility for fire-fighting purposes and maintenance and repair by the Department. The Department shall be authorized to remove said obstruction, if the person or persons causing said obstruction, after due timely notice, fails to remove said obstruction. The cost of removal of said obstruction by the Department shall be charged to the person or persons causing said obstruction.
H. 
Any person who shall damage any fire hydrant shall be liable for the cost of repairs to the damaged hydrant, as well as any other repair costs related thereto.

§ 70-41 Filling of tank trucks.

A. 
The use of Department fire hydrants to fill tank trucks is herein prohibited unless for each tank truck an annual permit for such use is obtained from the Department at a fee of $50 per tank truck. Only those fire hydrants designated by the Department may be used for the filling of these tank trucks, wherein the use of unauthorized fire hydrants is prohibited.
B. 
Governmental entities which use Department fire hydrants for filling of tank trucks and/or tanks for various mobile equipment shall conform to the requirements of this § 70-41. The fee requirement as specified herein in § 70-41 shall, however, be waived.
C. 
The filling of tank trucks and/or tanks of various governmental mobile equipment shall be accomplished by maintaining a minimum air gap at all times of 12 inches between the fill opening of said tank and the water feed connection to said tank and shall be confirmed by Departmental inspection prior to issuance of a permit. No connection for whatever reason shall be made between the source of department water and the fill inlet to said tank.

§ 70-42 Control of backflow and cross-connections.

A. 
The Commissioner or an authorized employee of the Department in accordance with § 70-45 is herein authorized to inspect plumbing installations for backflow and cross-connections in buildings located in the Department's water districts to ensure that said plumbing installation has been installed in such a manner as to prevent the possibility of contamination of the water supply of the Department's water districts. The Department shall notify, in writing, the owner and/or customer of any such building to correct any violation of this chapter and which may cause contamination of the water supply of the Department's water districts or otherwise adversely affect the public health. No backflow prevention device shall be installed or have been installed without first having obtained a permit thereof from the Department.
B. 
All newly constructed or renovated premises having hazardous physical plumbing connection shall be required to have reduced pressure zone prevention devices. Pressure-type vacuum breakers shall be installed where required.
C. 
All newly constructed or renovated premises having nonhazardous physical plumbing connections shall be required to have double check valve backflow prevention devices. Pressure-type vacuum breakers shall be installed where required.
D. 
Application to obtain a permit for existing or planned installation of backflow prevention devices shall be made on a form(s) prescribed by the Department and in conformance with Department standards.
E. 
Backflow prevention devices shall be installed in conformance with Department standards and shall be available for inspection and testing by the Department.
F. 
Testing and certification.
(1) 
Testing and certification of backflow prevention devices shall be performed by the Department or by such other persons approved by the Department and shall be on an annual basis.
(2) 
All persons performing testing, certification and servicing of backflow prevention devices shall meet the requirements of certified backflow prevention device testers as specified in Chapter I of the State Sanitary Code, Part 5, Drinking Water Supplies, Subdivision 5-1.31, Cross-Connection Control, as amended.
(3) 
Where the Department performs such testing and certification of a backflow prevention device, the Department shall receive payment for such testing and certification as per the following schedule of annual charges:
Size of Backflow Device
(inches)
Annual Charge
1 or less
$35
1 1/2
$40
2
$50
3
$70
4
$100
6
$150
8
$250
10
$400
G. 
Cross-connections between the Department's water supply and contaminated sources are prohibited.

§ 70-43 Demolition; service disconnection.

A. 
Prior to the issuance of a demolition permit by the Department of Buildings, the owner shall request in writing the Department to discontinue all water service and remove the meter(s). If the meter is found to be missing or damaged, the owner shall pay for the missing meter(s) or for necessary repairs.
B. 
The Department shall advise the owner and contractor of the approved method to disconnect the domestic water and firematic service. All disconnects shall be made only by a licensed plumber by the Town of Hempstead, and all disconnects shall be witnessed by an authorized employee of the Department at the time the disconnects are made.
C. 
Existing domestic water and firematic service at a demolition site may be approved for reuse by the Department.

§ 70-44 Discontinuance of service.

A. 
Requests for discontinuance of water service and removal of the meter shall be made by the owner by written notice to the Department, not less than 48 hours prior to the date of discontinuance.
B. 
Whenever it shall be determined by the Commissioner or an authorized employee of the Department that the provisions of this chapter have not been complied with, water service may be discontinued until which time all violations have been corrected and all damages and costs incurred by the Department have been paid by the owner and/or customer.
C. 
The Department shall cause to be served a written notice of discontinuance by personal service or by certified mail, postage paid, return receipt requested, and addressed to the owner's last known address and, if by certified mail, a copy of the notice shall be posted on the premises.

§ 70-45 Inspection of premises.

The Commissioner or an authorized employee of the Department is hereby authorized to enter the premises of a customer at any reasonable hour for the purpose of examining water meters, backflow prevention devices, firematic, irrigation and air-conditioning systems and any other system or device relating to the use of the Department's water supply in conformance with this chapter.

§ 70-46 Emergency rules authorized.

Whenever the presiding supervisor shall determine that an emergency exists which threatens a shortage of the supply of water, the presiding supervisor may prescribe emergency rules for the further regulation and restriction of the use of the water supply, and such rules shall have the force and effect of an ordinance duly adopted.

§ 70-47 Well site restrictions.

Department well and storage tank sites and buildings are hereby declared to be restricted areas and shall be posted as such, and only authorized personnel, representatives, employees and agents of the Department shall have access to these areas.

§ 70-48 Enforcement; penalties for offenses.

A. 
The Commissioner shall be responsible for and supervise the enforcement of the provisions of this chapter. Water meter service foreman of the Department shall be empowered to issue appearance tickets for offenses against §§ 70-12, 70-40 and 70-41 of Article I of this chapter.
B. 
Any person committing an offense against any provision of Article I of this chapter shall be subject to discontinuance of service pursuant to the provisions of § 70-44 until such time that the requirements of Article I of this chapter have been fully complied with.
C. 
In addition to the penalty stated in Subsection B herein, an offense against §§ 70-12, 70-40 and 70-41 of Article I of this chapter shall constitute a Class A misdemeanor, which shall be punishable by a fine of not more than $1,000 or by imprisonment for a period not exceeding one year for each such offense, or by both such fine and imprisonment. In addition to the penalty stated herein, restitution shall be made for any loss of service resulting from an offense against §§ 70-12, 70-40 and 70-41. Each day of continued violation shall constitute a separate additional offense.
D. 
In addition to the penalties provided herein, the Town of Hempstead may commence an action or proceeding, including but not limited to the initiation of an injunctive action in a court of competent jurisdiction, to compel compliance with the provisions of this chapter.

§ 70-49 Purpose.

As provided herein, this Article establishes programs and regulations for the conservation of the groundwater resource which serves as a sole source of water supply for the Department. The promulgation of the aforesaid programs and regulations provide for the furnishing of essential services in such a fashion so as to preserve the integrity of the groundwater resource.

§ 70-50 Public information.

The Department shall provide on an ongoing basis informational water conservation programs providing for encouragement of customer participation. These programs shall include but not be limited to furnishing of water conservation devices, bill inserts, special mailings, news and radio releases, expanded customer service, speakers bureau, coordination with local school systems and developing public informational displays.

§ 70-51 Water rates.

Water rates shall be enacted that will encourage water conservation by ascending rates which correspond to increasing usage, as measured by average-gallons-per-day consumption. The Department shall include in customer billing previous and current year-to-date consumption. The schedule of water rates as herein described are to be found in § 70-4.

§ 70-52 Water-saving fixtures.

A. 
Water fixtures installed after the effective date of this chapter shall conform to the current standards of the Department of Water, wherein such standards shall equal or exceed the standards as set forth in 15-0314 of the New York State Environmental Conservation Law, as amended.
B. 
Said water fixtures shall include but not be limited to sink and lavatory faucets, shower heads, drinking water fountains, urinals and water closets, including tank-type toilets, flushometer-tank toilets, flushometer-valve toilets, electromechanical hydraulic toilets and all other type of toilets that use water.
C. 
Water fixtures installed after the effective date of this chapter which fail to meet said Department of Water standards shall be replaced within 90 days of written notification with water fixtures equal to or exceeding Department standards.
D. 
Failure to comply with the requirements of this section shall result in the discontinuance of water service until there is an installation and approval by the Department of Water fixtures.

§ 70-53 Sprinkling restrictions.

A. 
During the period between May 1 and October 1 in any calendar year, customers and private well owners shall curtail all lawn sprinkling and watering of gardens in conformance with Department regulations. These regulations shall consist of having customers with even-numbered house addresses use water for the above purposes on odd-numbered days, and customers with odd-numbered house addresses use water for the above purposes on odd-numbered days.
B. 
Lawn sprinkling and watering of gardens shall be prohibited between the hours of 10:00 a.m. and 4:00 p.m., regardless of the day of the week.
C. 
Owners of private wells which use the groundwater resource as source of water supply for such purposes as irrigation shall be subject to the provisions of this chapter.
D. 
Upon a first-time failure to comply with the requirements of this section, a civil penalty of $25 shall be imposed. Upon second-time failure to comply with the requirements of this section within the same calendar year, a civil penalty of $50 shall be imposed. Upon each subsequent failure to comply with the requirements of this section within the same calendar year, a civil penalty of $100 shall be imposed for each such failure to comply.
E. 
The Department shall cause to be served a notice of civil penalty imposed by this section by personal service or by certified mail, postage paid, return receipt requested, and addressed to the violator's last known address and, if by certified mail, a copy of the notice shall be posted on the violator's premises.
F. 
The amount of the civil penalty imposed shall be added as a charge to the next due and owing Department quarterly water bill and shall be due and payable in accord with § 70-5. If the bill including a charge for a civil penalty remains unpaid, the provisions of § 70-5D shall apply.

§ 70-54 Water for cooling.

A. 
No water for air-conditioning, refrigeration or other water-cooling equipment shall be installed, operated, maintained or used unless equipped with a water-conserving device, so as to fully conform to Department requirements as specified in §§ 70-37, 70-38 and 70-39. Said water shall be as supplied by the Department or as supplied from a private well where the discharge from said well is not returned to the source aquifer.
B. 
Where a customer's water service or private well is connected to air-conditioning, refrigeration or other water-cooling equipment without a water-conserving device, said connection shall be discontinued, except as herein provided, within 60 days following the date of notification.

§ 70-55 Unauthorized water use.

In conformance with § 70-2, all water service shall be rendered by water meter only, unless otherwise specified. Failure to comply with this requirement shall result in discontinuance of water service until there is an installation and approval by the Department of a water meter and appurtenances.

§ 70-56 Nonresidential retrofitting water fixtures.

A. 
The Department requires that all commercial, industrial and governmental customers using in excess of 1,500 gallons per day be required to retrofit all sink and lavatory faucets, shower heads, urinals and toilets so as to be in conformance with current standards of the Department of Water, wherein such standards shall equal or exceed the standards as set forth in § 15-0314 of the New York State Department of Environmental Conservation Law, as amended, if not already in compliance with said standards. Customers placed on written notice are required to conform to the retrofitting requirements within one year's time, after which time a one-hundred-percent charge of current water sales for each billing period shall be levied for nonconformance until which time the requirements of this chapter have been complied with.
B. 
In addition to the charge imposed for failure to conform to the retrofitting requirements of this section, such failure to comply with these requirements may result in the discontinuance of water service until there is an installation and approval by the Department of retrofitting equipment.

§ 70-57 Residential retrofitting water fixtures.

A. 
The Department shall offer to provide residential, commercial, industrial and governmental customers using less than 1,500 gallons per day various water conservation devices to reduce waste and provide for a more efficient use of the public water supply.
B. 
Should the Department deem it necessary to further protect the groundwater resource, the use of said various water conservation devices shall be required for those customers indicated herein that are placed on written notification of the requirements.
C. 
If such water conservation devices become required, a failure to comply with the requirements shall result in the discontinuance of water service until there is compliance with the requirements as indicated herein.

§ 70-58 Large volume users.

A. 
The Department shall establish and maintain a listing of large volume users for analysis and determination in reducing large volume consumption. Large volume users shall be required to reduce waste, recycle wherever possible and reduce process water requirements.
B. 
Large volume users when placed on written notice shall be required to prepare and submit proposals to the Department, detailing various methods for reducing consumption.
C. 
Large volume users when placed on written notice are required to conform to the requirements of this chapter within six months' time of the date of such notice, after which time a one-hundred-percent charge of current water sales for each billing period shall be levied against the customer for nonconformance until which time the requirements of this chapter have been complied with.
D. 
In addition to the charge imposed for failure to conform to the requirements of this chapter, such failure to comply with these requirements may result in the discontinuance of water service until there is compliance with the requirements.

§ 70-59 Car wash installation; fountains.

A. 
All new car wash installations shall be equipped with an approved water recycling system. This requirement shall apply to all existing car wash installations.
B. 
No new car wash installations will be permitted to be installed and used until the plans have been approved by the Department. Existing car wash installations are required to submit water conservation plans to the Department.
C. 
Car washes placed on written notice are required to conform to the requirements of this chapter within six months' time of the date of such notice, after which time a one-hundred-percent charge of current water sales for each billing period shall be levied against the customer for nonconformance until which time the requirements of this chapter have been complied with.
D. 
All fountains shall employ recycling of water, with water addition for make up only.
E. 
In addition to the charge imposed for failure to conform to the requirements of this chapter, such failure to comply with these requirements may result in the discontinuance of water service until there is compliance with the requirements.

§ 70-60 Unaccounted-for water.

A. 
The Department shall prepare annually a report establishing levels of unaccounted-for water within the Department's service areas.
B. 
The Department shall provide for an annual leak survey wherein a portion of the Department's distribution system shall be inspected each year and in addition shall provide for the testing of water meters based upon age and/or registration.

§ 70-61 Lloyd aquifer.

All water withdrawn by the Department from the Lloyd aquifer shall be done in a manner so as to protect and preserve said aquifer. The Department shall promulgate on an ongoing basis programs to ensure that the use of said aquifer by the Department is consistent with the intent of this chapter. Special emphasis shall be made to limit the withdrawals from the Lloyd aquifer wherein said use is considered to be nonessential.

§ 70-62 Severability.

If any section, subdivision, sentence, clause, phrase or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the section, subdivision, sentence, clause, phrase or part directly involved in the controversy in which such judgment shall have been rendered.