Town of LeRay, NY Chapter 145 Water Service

[HISTORY: Adopted by the Town Board of the Town of LeRay 12-8-2011 by L.L. No. 4-2011; amended in its entirety 3-12-2020 by L.L. No. 2-2020. Subsequent amendments noted where applicable.]

§ 145-1 Title.

This chapter shall be known and may be cited as the "Town of LeRay Water Service Law."

§ 145-2 Applicability.

This chapter shall apply to all water districts of the Town now or hereafter established and to the customers thereof. No water service connections or facilities shall be made or installed except in conformity with the provisions of this chapter.

§ 145-3 Definitions.

As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the following meanings:

CONSOLIDATED WATER DISTRICT

Former Water Districts #1, #2 and #4 as consolidated into a single district by action of the Town of LeRay Town Board effective January 1, 2020.

CONSUMER

Owner or owners of premises supplied with water from the system (not a tenant).

DISTRICT

Any of the water districts within the Town.

OPERATOR

The person or firm designated and appointed by the Town Board to operate the district systems, inspect and supervise the installation of connections to the systems and enforce this chapter and any other rules and regulations of the districts and policies of the Town Board.

PREMISES

The word "premises" as used herein shall be defined as follows:

A. A building under one roof owned or leased by one consumer, and occupied as one residence or one place of business.

B. A combination of buildings owned or leased by one consumer, in one common enclosure, occupied by one family, or one corporation or firm, as a residence or place of business.

C. Each unit of a multiple house or building separated by a solid vertical partition wall, occupied by one family, or one firm, as a residence, or place of business.

D. A building owned or leased by one consumer having more than one apartment, offices, or lofts which are rented to tenants, and using in common one hall and/or one or more means of entrance.

E. A building one or more stories high under one roof, owned or leased by one consumer having an individual entrance for the ground-floor occupants and one for the occupants of the upper floors.

F. Garden apartments owned by a consumer and located in one common enclosure.

G. An existing lot of record or a final subdivision approved lot within the district having access to the water system.

PRIVATE STREET OR ROAD

Any street, avenue, road or way that is not for any highway purpose under the jurisdiction of the Town, county or state.

PUBLIC STREET OR ROAD

Any street, avenue, road or way that is for any highway purpose under the jurisdiction of the Town, county or state.

WATER DISTRICT

A water district established pursuant to the provisions of Article 12 or 12-A of the Town Law of the State of New York and shall include water districts, extensions thereof and laterals therein.

§ 145-4 Chapter, rules and regulations to be part of contract.

Every person who shall be supplied with water by a Town water district shall be deemed to have accepted and approved the provisions of this chapter and all other rules and regulations of the district. The continuance to take water after any amendment or change of or addition to this chapter and such rules and regulations shall be deemed an acceptance of such amendment, change or addition.

§ 145-5 Application for service.

A. All applications for the use of water must be made in writing on forms provided by the Town at the Town Clerk's office, designated "Town of LeRay Water/Sewer Service Application." On acceptance by the Town, the application shall constitute a contract between the Town and the applicant obligating the applicant to pay the district its established rates and to comply with its rules and regulations.

B. Applications will be accepted subject to there being an existing main in a street or right-of-way abutting the premises to be served, but acceptance shall not obligate the district to extend its mains to serve the premises.

C. A separate application must be made for each premises, as defined herein.

§ 145-6 Installation of services.

A. Upon written application for water service, as hereinbefore prescribed, by an owner of any property abutting on any public or private street, and upon payment of the applicable charge for the size of service (See Chapter 153.) to be installed, the district will install, operate, maintain and, when necessary, replace, at its own cost and expense, the service pipe and connection between the main and the curb box shut-off on both public and private streets. Service pipe and service connections shall not be trespassed upon nor interfered with in any respect. The curb stop may not be used by the consumer for turning on or shutting off the water supply but is for the exclusive use of the district.

B. Responsibility for installation.

(1) The consumer shall, at his or her own expense, install the service pipe from the curb box shut-off to the premises and a valve to be located preferably just inside the building wall, permitting control of the water supply by the consumer. The infrastructure from the curb box shutoff to the premises shall be maintained, at the expense of the consumer, and when necessary replaced. For installation and maintenance, the consumer shall employ a contractor approved by the Town, and all work shall be performed in a manner satisfactory to and be inspected by the operator. The minimum size, materials, depth of cover and method of construction shall be the same as hereinafter specified for a service pipe installed by the Town. If any defects in workmanship or materials are found, or if the consumer's service pipe has not been installed in accordance with such specifications, or with the district's requirements, water service either will not be turned on or will be discontinued if such defects are not remedied.

(2) No service pipe will be installed by the district until the service pipe and service connection from the premises to the street have been installed in a manner satisfactory to the operator.

C. All service pipes shall have a minimum cover of five feet. No service pipes shall be less in size than 3/4-inch inside diameter. U.S. Government Specification Type K soft-tempered copper tubing shall be used on 3/4-inch and one-inch services or HDPE, 1"0 Min. DR11 CTS. All service laterals up to 4"0 shall be of these piping types. Services of four inches or greater shall be constructed of Class 50 DIP or DR-11 DIPS HDPE. The district reserves the right in all cases to stipulate the size and type of service connection to be used.

D. Pollution and contamination prohibited; backflow prevention.

(1) It shall be unlawful for the property owner or occupant of property or the user of Town water to introduce or permit the introduction into the Town's water supply system pollution or contamination of any kind. Whenever the operator finds cross-connection to another water supply into the Town system or any other condition which presents the possibility of contamination or pollution, he shall disconnect and discontinue immediately the water supply to the premises where such condition is found or other premises from which cross-connection is made and shall restore such water supply only when the cross-connection is eliminated or the other condition remedied. The operator may permit or require a backflow preventer of pattern and design which the New York State Department of Health approves as reasonably adequate to prevent contamination, if the operator determines that a complete physical separation from the Town water supply is not practicable or necessary or that adequate inspection for cross-connection cannot readily be made or that such backflow preventer is necessary because of existing or possible backflow resulting from special condition, use or equipment.

(2) Nonresidential developments shall employ containment cross-connection control which requires the installation of an acceptable backflow prevention device. Such devices shall be designed by a registered professional engineer of the State of New York and comply with the regulations of the New York State Department of Health. All costs of design, installation and maintenance shall be borne by the consumer. The consumer shall submit reports of inspection and testing annually to the operator and the NYS Department of Health within 30 days of completion. Persons doing the backflow prevention device testing must be trained and competent in this specialized area. The operator shall be notified of all corrective repairs to prevention devices. Tests shall be made after each repair. The consumer shall keep an updated inspection and repair log on the premises.

E. All installations necessary to serve private fire protection systems shall be constructed and maintained at the sole expense of the property owner. Connections for nonresidential private fire protection purposes shall be properly valved at the expense of the owner in order to prevent the use of water for any other purposes than those which are contemplated by this section. Owners will be charged quarterly based on the system pipe size for the availability of this service as provided in the Town Schedule of Connection and Fire Flow Service Charge Fees.

§ 145-7 Water line specifications.

All water line installation plans must be submitted to the Town Engineer, along with a map of the area involved unless previously furnished. The inspection, handling, storage, installation and testing of all piping and appurtenances shall conform to AWWA C600. Refer to Town water/sewer connection forms for any typical installation details which may pertain to the public water main.

A. All water lines shall be ductile iron Class 52 and can be either bell and spigot or mechanical joint pipe. DR-9 DIPS HDPE may also be considered if approved by the Town Engineer and operator.

B. All water lines shall be at least six-inch inside diameter unless arrangements are made with the Town Engineer for smaller pipe.

C. All water line trenches shall be excavated to a sufficient depth to provide 60 inches of cover and proper bedding.

D. All valve installations shall be laid out by the Town Engineer and all valves shall open left.

E. Ties on all valve installations shall be furnished, with measurements from hydrants or building foundations or other permanent objects from two angles wherever possible.

F. All valve boxes shall be adjustable, screw-type flange manufactured for use as valve boxes.

G. All fire hydrants shall have a six-inch open-left valve directly in front of the hydrant.

H. All fire hydrants shall be Kennedy K-81A with six-inch bell and five-inch Storz adaptors with covers and 2-2 1/2-inch hose outlets with reflectorized markers.

I. All fire hydrants shall be set at finish grade with mark on hydrant called "ground line."

J. Section 158-26 of the Town Code outlines the security required for the installation of improvements intended to be dedicated to the Town and must be followed in those cases.

§ 145-8 Meter service and payment.

A. All water service bills are issued quarterly and are due and payable after production. If a service bill remains unpaid after 90 days, the district or its agents may discontinue service at the shutoff and service will not be re-established until such unpaid charges, together with a charge for the reconnection of service, is paid as provided in the Town Schedule of Connection and Fire Flow Service Charge Fees.

B. Any consumer, new or otherwise, taking water for more than 1/2 of one month that quarter will be charged the minimum charge for that quarterly period, together with any excess gallonage over the minimum allowance, if used.

C. Any consumer may discontinue water service by giving the district written notice not less than five days prior to the discontinuance, and all liability for operation and maintenance charges for service rendered after the discontinuance of service, as herein provided for, shall cease.

D. The consumer shall notify the district in writing of any change in occupancy. No adjustment of bills will be made by the Town as between owners or tenants.

E. In case of temporary discontinuance at request of a consumer, service will be turned off. Upon re-establishment of service, a reconnect fee shall be charged as provided in the Town Schedule of Connection and Fire Flow Service Charge Fees.

§ 145-9 General rules.

A. Grounds for discontinuance of service. Water service may be discontinued by the Town in any district for any one of the following reasons:

(1) For use of water other than as represented in the customer's application, or through branch connections on the street side of the meter or place reserved therefor.

(2) For willful waste by the use of water through improper and imperfect pipes, or by any other means.

(3) For molesting any service pipe, seal, meter, or any other appliance owned by the district.

(4) For nonpayment of bills for water or services rendered by the district.

(5) For cross-connecting pipes carrying water supplied by the district with any other source of supply or with any apparatus which may endanger the quality of the water district's water supply.

(6) For refusal of access to the property for the purposes of reading, repairing, testing or removing meters or inspecting water piping and other fixtures.

B. Restoration of service. When water service to any premises has been turned off upon the order of the consumer, or for any of the above grounds, and service at any premises is again desired by the same consumer, including seasonal customers, a charge as provided in the Town Schedule of Connection and Fire Flow Service Charges shall be made for the restoration of service, provided that the discontinuance of service has required only the removal of the district's equipment from the consumer's premises, the closing of the curb stop or turning off the water elsewhere not involving any unusual expense. If, however, by the willful acts of the customer, it becomes necessary to shut off or disconnect the service pipe at the district's main, the charge to the customer for restoration of service shall be the actual cost incurred by the water district incident to the disconnection and reconnection of the service pipes.

C. Public fire hydrants. No person, except as specifically authorized by the district, shall take water from any public fire hydrant for any use whatsoever, other than for fire purposes. The use of public hydrants for washing streets or flushing sewers shall not be permitted except upon specific authorization from the district, and for such uses the user shall be billed at meter rates set forth in the rate schedule. If water is used from public hydrants without specific authorization by the district, the quantity so used shall be estimated and the user shall be billed at the meter rates set forth in the rate schedule.

D. Connection with unapproved source. In the interest of public health, the district's mains or services shall not be connected to any premises with any service pipe or piping which is connected with any other source of water supply not approved by the Department of Health of the State of New York; nor shall the district's mains or service pipes be connected in any way to any piping, tank, vat or other apparatus which contains liquids, chemicals, or any other matter which may flow back into the district's service pipe or mains and consequently endanger the water supply.

E. Liability. Upon receipt of an application for a new service or for the reinstatement of an existing service, the district shall assume that the piping and fixtures which the service will supply are in proper order to receive same, and the water district shall not be liable for any accident, break or leakage arising from connection with the supply of water or failure to supply same.

F. Supply; interruption of. The district shall use reasonable care and diligence to provide a constant supply of water at reasonable pressure to customers, but reserves the right, at any time without notice, to shut off the water in its mains for the purposes of making repairs or extensions, or for any other purpose. The district shall not be liable for a deficiency or failure in the supply of water or the pressure thereof for any cause whatsoever, nor for any damage caused thereby, by the bursting or breaking of any main or service pipe or any attachment to the district's property. All applicants having installations upon their premises depending upon the pressure in the water district's pipes to keep them supplied shall protect themselves against danger of collapse and all such damage shall be borne exclusively by the applicant.

G. Required forms. All applications, contracts, agreements and any other forms required in connection with this chapter shall be in the form and shall contain such general conditions, provisions and terms as the Town of LeRay shall approve. Copies of such forms shall be filed at the office of the Town Clerk.

H. Freezing of main or service. Where a consumer-owned main or service shall be frozen, the thawing shall be done at the expense of the consumer. To avoid a recurrence of freezing, the district may order an examination of the consumer's service pipe or main, and if the same shall not be at a depth of five feet as required, the district shall have the right to require it to be so relocated before service is resumed.

I. Sprinkling. The districts reserve the right, in periods of drought or emergency, to restrict the use of water for sprinkling purposes or to prohibit the use entirely.

§ 145-10 Classifications, rates and charges.

A. Classification of services rendered and facilities furnished and rates and charges therefor shall be established and may be amended or repealed by resolution of the Town Board following a public hearing. Nothing herein contained shall prevent the Town Board from establishing separate schedules of rates for separate districts and for different service rates within a district.

B. A public hearing will be held annually in conjunction with the adoption of the Town budget, which shall include the budgets for each district. The Town Board may establish the rates for each district for the ensuing fiscal year following the budget hearing. The Town Board may also conduct a public hearing at such other times as it deems necessary to consider modification to the rates, and following such hearing may amend the rates.

C. The total water charge for a particular water district can be composed of both a fixed user cost and a variable user cost or just a variable user cost, depending on how the district is organized or financed.

(1) The "fixed user cost" shall be defined as all the costs associated with the indebtedness for capital costs, fixed operational costs and other costs deemed "fixed" by the Town. The total of these costs shall then be divided by the total number of "equivalent dwelling units" (EDU), as defined by the Town, to arrive at the fixed user cost for any individual customer. A Table of Equivalent Dwelling Units used for allocations of fixed user costs is located in Appendix A.[1] The fixed user cost is levied by district on the annual Town and county real property tax bill.

[1] Editor's Note: Appendix A is included as an attachment to this chapter.

(2) The "variable user cost" shall be defined as the costs associated with the operation and maintenance costs of the district (including the cost of purchased water, where needed) in districts with both a fixed and variable user cost and shall also include any required debt service and other capital costs in districts where there is only a variable user cost. The variable user cost is assessed to the user at a rate per thousand gallons of water based upon metered water usage, through the quarterly billing.

§ 145-11 Enforcement.

It shall be the duty of the operator to enforce the regulations and restrictions provided by this chapter.

§ 145-12 Modifications; amendments.

A. The Town Board reserves the right at any time to change, modify, supplement or amend these rules, regulations or any other provision of this chapter and the rates and charges for the use of water.

B. The right is also reserved to make such additional rules and regulations which, to the Town Board, seem appropriate to promote the health, safety, morals and welfare of the inhabitants of the Town of LeRay in order to regulate the water supply and to promote the proper and efficient administration of the water districts and to establish rates and/or enter into contracts for the use of water in special cases.

§ 145-13 Penalties for offenses.

A. Any violation of any provision of this chapter shall be deemed an offense punishable by a fine not to exceed $250 or imprisonment not to exceed 15 days, or both; provided, however, that for the purpose of conferring jurisdiction upon courts and judicial officers generally, such violations shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations, except the right to a jury trial. Each day that a violation continues shall be deemed to be a separate violation.

B. The operator shall notify the consumer, or authorized agent of the owner, of the building or premises in which there is found a violation of this chapter, of such violation. The operator shall set a reasonable time for the owner to have the violation removed or corrected. Upon failure of the owner to have the defect corrected by the end of the specified time interval, the operator may, if in his or her judgment an imminent health hazard exists, cause the water service to the building or premises to be terminated, and/or recommend such additional fines or penalties to be invoked as herein may be provided.

C. The owner or authorized agent of the owner responsible for the maintenance of the plumbing systems in the building, who knowingly permits a violation to remain uncorrected after the expiration of time set by the operator, shall, upon conviction thereof, be subject to the penalties stated above.