Town of Rotterdam, NY
Schenectady County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Rotterdam 2-28-1996 by L.L. No. 4-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Plumbing — See Ch. 213.
Sewers — See Ch. 230.

§ 267-1 Purpose.

The purpose of this chapter is to:
A. 
Protect the public potable water supply of the Town of Rotterdam from the possibility of contamination by isolating within its customer's internal distribution system or its customer's private water system such contaminations or pollutants which could backflow into the public water supply system.
B. 
Comply with the requirements of the New York State Sanitary Code 5-1.31.

§ 267-2 Definitions; word usage.

A. 
For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:
AIR GAP SEPARATION
A physical break between a supply pipe and a receiving vessel. The air gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, and in no case less than one inch.
APPROVED CHECK VALVE
A check valve that seats readily and completely. It must be carefully machined to have free-moving parts and assured watertightness. The face of the closure element and valve seat must be bronze, composition or other noncorrodible material which will seat tightly under all prevailing conditions of field use. Pins and bushings shall be bronze or other noncorrodible, nonsticking material, machined for easy, dependable operation. The closure element (e.g., clapper) shall be internally weighted to otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable.
APPROVED DOUBLE-CHECK-VALVE ASSEMBLY
An assembly of at least two independently acting approved check valves, including tightly closing shutoff valves on each side of the check-valve assembly and suitable test cocks plus connections available for testing the watertightness of each check valve.
APPROVED REDUCED PRESSURE PRINCIPAL BACKFLOW PREVENTION DEVICE
A device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, two shutoff valves and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two  check valves, less than the pressure on the public water supply side of the device. At cessation of normal flow the pressure between the check valves shall be less than the supply pressure. In case of leakage to either valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. To be approved, these devices must be readily accessible for maintenance and testing and installed in a location where no part of the device will be submerged.
APPROVED WATER SUPPLY
Any water supply approved by, or under the public health supervision of, a public health agency of the State of New York, City of Schenectady or the Town of Rotterdam. In determining what constitutes an approved water supply, the Department of Public Health of the State of New York (herein called "State Health Department") shall have the final judgment as to its safety and potability.
AUXILIARY WATER SUPPLY
Any water supply on or available to the premises other than the Town water supply.
CONSUMER
Any person to whom water is sold and furnished from the Town of Rotterdam.
CONTAMINATION
An impairment of the quality of the Town water supply by the presence of any foreign substance (organic, inorganic, radiological or biological) to a degree which creates a hazard to the public health.
CROSS CONNECTION
Any unprotected connection between any part of the Town waterworks system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as safe, wholesome and potable for human consumption.
ENGINEER
The Town Engineer at the Town of Rotterdam, or his authorized representative.
NONTOXIC SUBSTANCE
Any substance of a nonpoisonous nature that may create a moderate or minor hazard to the water supply system.
PERSON
Any natural person, firm, association, organization, partnership, trust or association or persons, joint venture, corporation or company, and includes the United States, the State of New York, the County of Schenectady, any special purpose district and any officer or agent thereof.
PREMISES
Integrated land area, including improvements thereon, undivided by public thoroughfares or water distribution mains of the Town of Rotterdam and where all parts of the premises are operated under the same management and for the same purpose.
PROTECTIVE DEVICE 
Any of the following devices:
(1) 
Air gap separation.
(2) 
Approved reduced pressure principle backflow prevention device.
(3) 
Approved double-check-valve assembly.
SERVICE CONNECTION
The terminal end of a service connection from the Town water supply at its point of delivery to the consumer. If a meter is installed, "service connection" means the downstream end of the meter. No unprotected takeoffs from the service line ahead of any meter or backflow protective device located at the point of delivery to the consumer shall be permitted.
TOWN
The Town of Rotterdam.
TOWN WATER SUPPLY
The approved water supply sold and delivered to consumer's premises through the Water Works System of the Town of Rotterdam.
TOXIC SUBSTANCE
Any substance (liquid, solid or gaseous), including raw sewage and lethal substances, that, when introduced into the water supply system, creates or may create a danger to the health and well-being of the consumer.
B. 
"Shall" is mandatory; "may" is permissive.

§ 267-3 Where protection is required; type of protection.

A. 
Auxiliary water supply. Each service connection from the Town water supply for furnishing water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the Town water supply. Where a single- or dual-family residential customer served by a public water supply system has or proposes to install an auxiliary water supply (i.e., well, cistern, spring, etc.) the supplier of water shall protect the public water supply system against backflow by requiring the customer to perform one of the following:
[Amended 5-12-1999 by L.L. No. 7-1999]
(1) 
Permanently disconnect the auxiliary water supply from any direct connection to the public water supply system. An inspection to determine compliance with this requirement shall be made by the supplier of water, the local plumbing or building code enforcement official, or their designee. The frequency of inspections shall be at the initial time of disconnection and at periodic intervals thereafter (i.e., every three to five years);
(2) 
Abandon the auxiliary water supply in a manner acceptable to the state or local Health Department; or
(3) 
Install an approved reduced pressure zone (RPZ) device at the public water supply service connection in accordance with Section 5-1.31 of the State Sanitary Code.
B. 
Toxic or hazardous substances. Should a facility be rated hazardous, a reduced pressure zone device would be required independent of a separate system handling the auxiliary water system. We would also require a reduced pressure zone device if the facility were rated nonhazardous and the auxiliary water system did not meet the water quality requirements of the Sanitary Code.
C. 
Nonhazardous substances. At the service connection to any premises on which a substance that would be objectionable (but not necessarily hazardous to health) if introduced into the Town water supply is handled in such a manner as to constitute a cross connection, the Town water supply shall be protected by an approved double-check-valve assembly.
D. 
Fire systems. At the service connection to any premises in which a fire protection system is installed, the Town water supply shall be protected based on the water source and arrangement of supplies in accordance with the following classifications:
(1) 
Class 1.
(a) 
Direct connection from public water mains only; no pumps, tanks or reservoirs; no physical connections from auxiliary water supplies, no antifreeze or other additives of any kind; all sprinkler drains discharging to atmosphere, dry wells or other safe outlets.
(b) 
Protection: double-check-valve assembly.
(2) 
Class 2.
(a) 
Same as Class 1, except booster pumps may be installed in the connections from the street mains.
(b) 
Protection: double-check-valve assembly.
(3) 
Class 3.
(a) 
Direct connection from public water supply main, plus one or more of the following: elevated storage tanks, fire pumps taking suction from aboveground covered reservoirs or tanks; and pressure tanks.
(b) 
Protection: double-check-valve assembly.
(4) 
Class 4.
(a) 
Directly supplied from public mains similar to Classes 1 and 2 and with an auxiliary water supply on or available to the premises; or an auxiliary supply may be located within 1,700 feet of the pumper connection.
(b) 
Protection: air gap or reduced pressure principle backflow prevention device.
(5) 
Class 5.
(a) 
Directly supplied from public mains and interconnected with auxiliary supplied, such as pumps taking suction from reservoirs exposed to contamination, or rivers and ponds; driven wells; mills or other industrial water systems; or when antifreeze or other industrial water systems; or where antifreeze or other additives are used.
(b) 
Protection: air gap or reduced pressure principle backflow prevention device.
(6) 
Class 6.
(a) 
Combined industrial and fire protection systems supplied from the public water mains only, with or without gravity storage or pump suction tanks.
(b) 
Protection: determined by the Engineer upon review of engineering drawings of the system.
E. 
Lawn sprinkling systems.
[Amended 5-12-1999 by L.L. No. 7-1999]
(1) 
Where a single- or dual-family residential customer served by the public water supply system has or proposes to install a lawn sprinkler or irrigation system, the minimum required backflow protection to prevent backsiphonage shall be a vacuum breaker that shall be located, specified, installed, maintained and accessible for inspection in accordance with Sections 902.2(d)(2) and 902.3(a), (b)(1), (c) and (d) of the Uniform Fire Prevention and Building Code (UFP and BC), respectively, in a manner acceptable to the supplier of water and/or the local plumbing or building code enforcement official.
(2) 
For the systems described below, the supplier of water shall protect the public water system against backflow by requiring the customer to perform one of the following:
(a) 
Install an approved double-check valve assembly (DCVA) on those systems which may be subject to backpressure from pumps or elevated piping where no chemical injection takes place; or
(b) 
Install an approved RPZ device on those systems where provisions are made for chemical injection.
NOTE: The supplier of water may allow protective devices to be installed in the internal supply pipes to a lawn sprinkler or irrigation system, provided that there are no other hazards associated with a residential user as described in the categories "auxiliary water supplies" and "miscellaneous residential water uses" of this document. Containment at the service connection with an approved DCVA or RPZ shall be required in any other case. For options in Subsection E(2)(a) or (b) above, the device shall be tested in accordance with Section 5-1.31(a)(3) of the State Sanitary Code and maintained in a manner and frequency acceptable to the supplier of water and/or the state or local Health Department.
(3) 
Automatic rain shut-off, such as Hunter Mini Clik or equal, must be installed as part of pre-installation.
[Amended 8-8-2001 by L.L. No. 10-2001]
(4) 
An electrical timer shut-off must be installed to control usage of sprinkler system. The timer settings must conform with the rules and regulations for sprinkling as set forth by the town.
F. 
Cross-connection control.
[Amended 8-8-2001 by L.L. No. 10-2001]
(1) 
All portions of the water distribution system serving the swimming pool and auxiliary facilities shall be protected against backflow and back-siphonage. Water introduced into the pool, either directly or to the recirculation system, shall be supplied through an air gap or by another method which will prevent backflow and back-siphonage.
(2) 
Outside water hose bibs shall be protected with a vacuum breaker-backflow preventer such as Watts Series 8 or equal.
G. 
All existing systems must comply with this local law by May 1, 2004.
[Amended 8-8-2001 by L.L. No. 10-2001]

§ 267-4 Responsibility for maintenance.

A. 
Consumer responsibility. It shall be the responsibility of each consumer at his own expense to furnish, install and keep in good working order and safe condition any and all protective devices required in this section. The Town shall not be responsible for any loss or damage directly or indirectly resulting from or caused by the improper or negligent installation, operation, use, repair or maintenance of or interfering with any protective device by any consumer or any other person.
B. 
Conflicts. Whenever two or more conditions exist on any premises for the correction of which different protective devices are required in this chapter, the consumer shall be required only to install the protective device which, in the opinion of the Engineer and County Health Officer, affords the maximum protection to the Town water supply.

§ 267-5 Inspection; records; cost.

[Amended 6-23-2004 by L.L. No. 5-2004]
The consumer on whose premises any protective device is installed shall have each such device inspected annually by an appropriately certified inspector. If successive inspections disclose repeated failures in the operation of any device, the Public Works Coordinator may require more frequent inspections. Each device shall be repaired, overhauled or replaced at the expense of the consumer whenever it is found to be defective. Records of such tests, repairs and overhauls shall be kept and a copy of such records forwarded to the Public Works Coordinator and the Schenectady County Health Department on an annual basis. The Public Works Coordinator shall have the duty of determining that the inspections required herein are performed properly. If following demand, therefore, the consumer fails to have any of the inspections made as required herein or to make the above-described records available, the Public Works Coordinator shall have the right to inspect the device and the consumer to pay the cost thereof.

§ 267-6 Noncompliance; service to be discontinued; notice; service.

A. 
No water service connection shall be installed on the premises of any consumer unless the Town water supply is protected as required by this section.
B. 
Delivery of water to the premises of any consumer may be discontinued by the Engineer if any protective device required by this section has not been installed, inspected, tested and maintained or is defective or has been removed or bypassed.
C. 
Delivery of water.
(1) 
Delivery of water shall be discontinued immediately and without notice to the consumer if the Engineer or County Health Officer determined that:
(a) 
The Town water supply is being contaminated or is in immediate danger of contamination.
(b) 
A protective device required by this section has not been installed or is defective or has been removed or bypassed.
(c) 
The consumer cannot immediately be located.
(2) 
Delivery of water shall not be resumed until any protective device required by this section and approved by the Engineer has been properly installed or until conditions at the consumer's premises causing the contamination or danger of contamination have been abated or corrected to the satisfaction of the Engineer and County Health Officer.
D. 
Notice.
(1) 
Except as provided in Subsection C, delivery of water shall not be discontinued until written notice thereof has been given to the consumer. The notice shall state:
(a) 
The conditions or defects which must be corrected.
(b) 
The manner in which the stated conditions or defects are to be corrected.
(c) 
The date on or after which delivery of water will be discontinued, and which shall not be less than 15 nor more than 90 days following the date of delivery of mailing of the notice. The Engineer may grant the consumer an extension of an additional period not to exceed 90 days if he determines the consumer has exercised due diligence but has been unable to comply with the notice within the time originally allowed.
(2) 
The notice shall be given by delivering the same to the consumer, the manager or agent thereof, or to any person in charge of or employed in the place of business of the consumer, or, if the consumer has no place of business, then at the place of residence of the consumer if known or by leaving the notice at either the place of business or the residence of the consumer. If the consumer cannot be found, service of the notice shall be mailed, postage fully prepaid, addressed to the consumer at the place of business or residence set forth in the application of the consumer for water service in the records of the town.
(3) 
Once discontinued, delivery of water shall not be resumed until any protection device required by this chapter and approved by the Engineer has been properly installed or until the conditions at the consumer's premises creating the need for a protective device have been abated or corrected to the satisfaction of the Engineer.
E. 
For the purpose of making any inspections or discharging the duties imposed by this chapter, the Engineer shall have the right to enter upon the premises of any consumer. Each consumer, as a condition of the continued delivery to his premises of water from the Town water supply, shall be considered as having stated his consent to the entry upon his premises of the Engineer for the purposes stated herein.

§ 267-7 Presently installed devices.

All presently installed prevention devices which do not meet the requirements of this section but were approved devices for the purposes described herein at the time of installation and which have been properly maintained shall, except for the inspection and maintenance requirements under § 267-5, be excluded from the requirements of these rules so long as the Engineer is assured that they will satisfactorily protect the town's water supply. Whenever the existing device is moved from the present location or requires more than minimum maintenance which constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this section.

§ 267-8 Enforcement; penalties for offenses.

[Amended 7-9-2003 by L.L. No. 9-2003]
A. 
Violations. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any premises in violation of any provision of this chapter or to fail in any manner to comply with a notice, directive or order of the Town Engineer, Chief Operator of Water, the Town Building Inspector/Code Enforcement Officer or the designee of any one of them requiring compliance with this chapter.
B. 
Penalties. Any person, firm or corporation who shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto shall, upon conviction thereof, be punished by a fine of no less than $500 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $1,000 nor more than $1,500 or imprisonment for a period not to exceed 15 days, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $1,500 nor more than $2,000 or imprisonment for a period not to exceed 15 days, or both. Each day of continued violation shall constitute a separate, additional offense.
[Amended 6-12-2013 by L.L. No. 7-2013]

§ 267-9 Water and sprinkler regulations for consolidated water districts.

[Added 6-26-2013 by L.L. No. 8-2013]
A. 
Purpose. Rules, regulations and rates adopted and prescribed by the Town Board of the Town of Rotterdam, Schenectady County, New York, in accordance with § 198 of the Town Law shall apply to the territory of the Town of Rotterdam known and designated as "Water District of the Town of Rotterdam, New York."
B. 
Applicability. The rules and regulations herein contained shall apply to every person or user supplied with water by the Department of Public Works, and each such person or user must agree to comply with said rules and regulations as set forth herein, and the same shall constitute a part of the contract, express or implied, between such person or user and the Department of Public Works.
C. 
Permits.
(1) 
Applications for permits to connect service or supply pipes with either the Water District mains or curb connections must be made in writing at the office of the Department of Public Works by the owner of the premises or his agent on blank forms prepared for that purpose. The application shall specify the particular uses for which water is required. The owner or agent must furnish the Department of Public Works the correct street and lot number as taken from the deed.
(2) 
Permits will be issued by the Department of Public Works and shall expire 30 days from date of issuance. All work done under the permit shall be performed by the owner or his agent. No work shall be covered up unless same is first inspected by the Department of Public Works. No work will be inspected until a request by the owner or his agent is made in writing to the Department of Public Works and a request for inspection is given at least 24 hours in advance. All defective work or work done not in accordance with the rules contained herein, the New York State Uniform Fire Prevention and Building Code and the Plumbing Code[1] of the Town of Rotterdam will not be approved and shall be redone, modified or reinstalled in accordance with the directions of the Department of Public Works. Failure to comply by the owner or his agent with the directions of the Department of Public Works to correct any defects in work or to carry out any directions of the Department of Public Works in connection with said work as prescribed herein shall constitute good and sufficient reason for revocation of the permit.
[1]
Editor's Note: See Ch. 213, Plumbing.
(3) 
No plumbing or plumbing fixtures shall be installed in any house, building, or structure thereafter to be erected or remodeled unless and until plans for installation thereof shall be first filed and approved by the Department of Public Works and a permit therefor is obtained.
(4) 
No extension or alteration of service pipes, whether involving new uses of water or not, shall be made without the permission of the Department of Public Works, and for any extension involving new uses of water, an application shall be filed with and approved by the Water Commissioner before such extension is made.
(5) 
Discontinuance of fixtures. Application must be made for a permit and such permit granted for any desired change in or discontinuance of the use of any fixture on any water service before any such change or discontinuance is made. The charge for the use of water from the fixtures will continue unchanged until the person making such change or discontinuance has notified the office of the Department of Public Works and certified that the change or discontinuance has been made.
D. 
Connections, construction and maintenance.
(1) 
Agent or owner. The agent designated and employed by the owner of the premises will be considered the agent of such owner while employed in the execution of the work of introducing water into said premises, and in no case shall the agent of the Department of Public Works or the Town of Rotterdam be responsible for the acts of such agent.
(2) 
Permit required; excavations. No persons, except the properly authorized employees of the Department of Public Works will be permitted to tap or make any connections with street mains or distributing pipes of the Water District. No person shall make any attachment to or connection with the pipes, or make any additions to or alterations of any tap, pipe, cock or other fixture connected with the pipes supplying water to consumers, unless a permit is first obtained. After inspection of excavations, all excavations on the premises shall be backfilled and shall not be disturbed or uncovered without written permission of the Department of Public Works.
(3) 
Notice for installation of laterals. After receiving a permit for the installation of any water service, the applicant requesting the work shall notify the Department of Public Works 48 hours in advance of his or her desire to have the lateral installed and shall definitely designate the name of the street and the house or lot number where the lateral is to be installed and the name of the owner or applicant.
(4) 
Large cut-in connections. If a larger connection than a 1 1/2 inch-tap is required, a cast-iron pipe service not less than two inches in diameter shall be installed by employees of the Department of Public Works only from the main to the property line of the premises, connections with the street main to be made with patented or standard fittings, all material to be furnished by the Department of Public Works. All such services shall have a gate valve placed in the service pipe near the street main, which gate shall be controlled exclusively by the Department of Public Works. The owner shall be billed for this work at the actual cost of labor, material and pavement out to the Department of Public Works, which amount must be paid to the Receiver of Taxes. No estimate of the cost of installation of any connection, under these rules, shall be binding upon the Department of Public Works or the Town of Rotterdam. Upon failure to pay said charge, the cost of the work performed shall be assessed against said premises and collected as a water charge levied against said premises, in addition to any other remedies provided herein.
(5) 
Service pipes and fittings. Existing services installed by the Department of Public Works to the property line are to be connected to by the property owner when he makes application for a service to said property. Any changes in the location of the services shall be done at the owner's expense.
(6) 
Installation. The Department of Public Works shall require an inspection to be made by an inspector from the Department of Public Works of each service pipe and trench before any backfilling is done and may refuse to turn on water where backfilling is done before said inspection is made or where the work does not fulfill the requirements of these rules and regulations in every particular.
(7) 
Service pipes maintained. The owner of property into which water is introduced by a service pipe will be required to maintain in perfect order, at his own cost and expense, the said service pipe from and including the curb stop to his own premises, including all fixtures therein provided for delivering or supplying water for any purpose, and the curb box must be kept in view and the top thereof even with the sidewalk or street grade at all times, and in a serviceable condition. In case such service and fixtures are not kept in repair, the water may be shut off from the premises until the requirements of this rule are complied with, or the Department of Public Works may make the necessary repairs to conform to this rule and charge the cost thereof to the owner of the property at which this rule is violated and collect such cost from the owner of such property and shut off the water from such property until such charges are paid.
(8) 
Defective services. In all premises where water from Water District mains is now supplied by a system of pipes and fixtures for water service, and where the service pipes and fixtures are not of the standard or pattern prescribed in the rules and regulations of the Department of Public Works, or where such fixtures and devices for the prevention of damage to the service or of waste of water, as are prescribed in said rules and regulations, are lacking from said system, the owners of said premises shall, at any time when so required by order of the Department of Public Works, make such changes in and additions to said system or fixtures for said water service as shall be necessary in order to comply with such rules and regulations, and at their own cost and expense. In case of failure to comply with this rule at any premises, the water may be shut off from such premises until this rule is complied with.
(9) 
Discontinuance of service. No deduction shall be made from any bill for water for the discontinuance of the water supply to any premises, unless the owner of such premises shall have given notice to the Department of Public Works, in writing, when and where the water is no longer required and have requested same turned off at the curb stop by the Department of Public Works. All consumers will be charged for the use of water until notice as above is given.
(10) 
Responsibility for excavations. In the opening of a trench for the introduction of any water service pipe under authority of a permit from the Department of Public Works, the owner and agent will each be held responsible for the trench opened by them. Whenever any trench is opened for making a connection with or laying any water pipe, public safety and convenience shall be duly regarded and conserved by the construction of such bridges across open trenches as may be required to properly insure safety to the public. Red signal lights, barricades, railings and all other necessary means of protection against accident shall be provided by the agent or owner.
(11) 
Inspectors may enter premises. Employees of the Department of Public Works, upon presentation of proper identification, may enter and must be permitted to enter upon any premises in the Water District where water is being supplied or upon any premises when application is made for a permit to connect plumbing with the water pipes for the purpose of inspecting the plumbing and fixtures of the water service, and all work in connection with such service.
E. 
Shutting off.
(1) 
Water may be shut off by the Department of Public Works from any service or main for the purpose of making or constructing new work, or making repairs in the water system, or of enforcement of payment of moneys or charges due the Department of Public Works for water supply and for other matters in accordance with these rules and regulations. In the case of making or constructing new work or in making repairs, the right is reserved to shut off the water from any consumer without notice for as long a period as may be necessary.
(2) 
When the water supply has been shut off for a failure to comply with these rules and regulations, it shall not again be turned on except by the Department of Public Works until compliance is made with these rules and regulations in the matter and payment made, by the owner of the premises concerned, to the Receiver of Taxes, of all expenses incurred by the said bureau in so shutting off such water supply. Notice regrading water shutoff shall conform with § 267-6, Noncompliance; service to be discontinued; notice; service.
F. 
Change of pressure. The Town of Rotterdam or the Department of Public Works shall not be liable for any damage or loss of any kind, to property or persons, which may arise from any or be caused by any change in or increase of water pressure from any cause whatsoever.
G. 
Lawn sprinkling and supply.
(1) 
Sprinkling will be allowed only from May 1 to November 1 and shall not exceed four hours each day, from 7:00 a.m. to 9:00 a.m. and 7:00 p.m. to 9:00 p.m.
(2) 
No person will be allowed to sprinkle premises opposite or adjoining his own nor use the water from the said hose attachment or through said hose for any purpose not authorized by the terms agreed upon with the Department of Public Works.
(3) 
Supply to neighboring premises. No person shall supply water in any manner or through any fixtures or devices whatever to the occupants of neighboring premises of any description except by special written permit from the Department of Public Works.
(4) 
Supply to contractors.
(a) 
Water will be furnished to builders or contractors as such for construction purposes only, upon application to the Department of Public Works for, and receiving, a permit therefor in writing. Said application shall state in detail the uses for which water is desired, the name of the owner of the property and the street number, the section, block and lot on which water is to be used.
(b) 
The statement must give:
[1] 
The name of the owner of the premises.
[2] 
The name of the builder.
[3] 
The name of the plot.
[4] 
Lot number.
[5] 
The name of the street.
(c) 
Permits under this rule shall terminate on November 1 each year and may be revoked at any time by the Department of Public Works.
H. 
Waste of water. Water must not be allowed to run to prevent freezing in the service pipes or their attachments or for the purpose of flushing soil pipes or sewers or for any other purposes on the premises than those paid for or indicated in the application for the same and which are allowed by these rules and regulations. Faucets must be kept properly packed and all other fixtures in repair, so as to prevent leaks.
I. 
Water meters.
(1) 
All commercial users shall have water meters. The Department of Public Works reserves the right to order a meter to be placed on any service or to take out a meter and place the consumer on a flat rate whenever in the opinion of the Department of Public Works it is for the best interests of Water District so to do. All water passing through a meter will be charged for, whether used or wasted.
(2) 
Service in good condition. No meter shall be installed by the Department of Public Works unless the service, service fixtures and plumbing adjacent to the proposed location of the meter are in a good and serviceable condition. The curb box must be readily accessible, the curb cock, stop and waste cock in good working order and any rusty or unsafe pipes next to the proposed location of the meter replaced. The owner, as shown on the latest assessment roll of the Water District, of the premises in which meter is to be installed shall be notified in writing by mail addressed to him at such premises of any required repairs under this rule, and if repairs are not made within 10 days.
(3) 
Check valves, test tees and bypasses. All meters installed by the Department of Public Works shall have check valves placed next to outlets to prevent hot water from backing through the meter. All services that are metered and require check valves to prevent hot water from backing through the meter shall be supplied, connected and fitted with such check valves up to and including meters of 1 1/2 inches in size by the Department of Public Works. Services requiring a meter over 1 1/2 inches in size and furnished by the property owner may be installed by the Department of Public Works, but if check valves are required, same are to be installed by the property owner. All sizes above 3/5 inch shall have a test tee next to the outlet of meter and the full size of same, then the check and another valve so that meter can be tested at any time in place. If the owner of premises so desires, meters two inches or larger in size may be installed with bypasses so that meters may be removed for testing or repairs made without hindering the supply of water. The expense of such bypasses and additional work shall be borne by the owner. All such bypasses shall be locked and sealed and under the exclusive control of the Department of Public Works.
(4) 
Removal. No meter shall be removed or disturbed without the written permission of the Department of Public Works.
(5) 
Testing. Persons making complaints as to the correctness of meter bills and claiming to be overcharged can, by applying at the Department of Public Works within 10 days after meter bills have become due, have the meter examined and the dial reread. The Department of Public Works is authorized to correct any charge due to a fault in the meter or to incorrect reading of the dial but shall have no power to reduce meter bills for any other reason whatsoever.
(6) 
Reading of meters. Meters will be read semiannually by regular authorized agents of the Department of Public Works. Bills shall be rendered at such periods of the year as the Water Bureau may direct.
(7) 
Schedule bills. All bills for water furnished at schedule rates will be payable annually in advance at the office of the Receiver of Taxes on the 15th day of January in each year. For an intermediate period or for a new or additional service, the bill must be paid before the water is turned on.
(8) 
Meter bills. Bills for metered water will be payable annually, on the 15th day of January of each year, at the office of the Receiver of Taxes.
(9) 
Special bills. All special bills and charges for services rendered, material sold or expenses incurred by the Department of Public Works in connection with the enforcement of these rules and regulations must be paid at the office of the Receiver of Taxes within 30 days after the bill is rendered. The supply of water may be shut off from the premises with reference to which such charges become due in default of payment of such bills or charges and until bills and charges are paid.
(10) 
Default in payment of meter bills. In the case of default of payment for the period of 30 days of a meter bill after the same is due, the Department of Public Works may shut off the water supply at the premises to which such bill relates until such bill is paid.
(11) 
Delinquent water rentals. All delinquent water rents except meter bills which shall remain unpaid at the expiration of 30 days from due date thereof shall carry penalties and interest charges as provided by law.
(12) 
Nonpayment. Wherever the owner of any premises which are supplied with water shall be charged for water supplied, services rendered, material furnished or expense incurred by the Department of Public Works pursuant to these rules and regulations, and said charges are not paid and the water shall be turned off on account of such nonpayment, no application for water services for such premises need be granted by the Department of Public Works (notwithstanding the said premises may have changed ownership) until such charges shall have been paid in full to the Receiver of Taxes. Further, if water service is not turned off on account of such nonpayment, any such unpaid bills will become a lien against the property and will be added to the Town's assessment rolls for collection.
J. 
Discontinuance of use of water. Any consumer desiring to discontinue the use of water must notify the Department of Public Works, and an employee of the Department of Public Works will shut the water off at the curb. No rebate will be made for any period of discontinuance of such use less than six months from the time of turning off the water by the Department of Public Works. The fact that different portions of premises can be shut off inside of the same buildings will not entitle the owner to rebate.
K. 
Partial supply from wells. No rebate shall be made from any water bills under a claim that less water has been used because of a partial use from wells.
L. 
Failure to make repairs. No rebate for any water bill will be made in cases where the charges result from the failure on the part of the owner or consumer to promptly repair any broken, frozen or defective fixtures or service.
M. 
Fire hydrants.
(1) 
All street hydrants are under control of the Department of Public Works. No person shall use a wrench for opening hydrants except a wrench furnished by the Department of Public Works for the purpose. No person except an authorized agent or employee of the Department of Public Works, or of the Fire Department, or a person holding a written permit signed by the Coordinator of the Department of Public Works, shall disturb any hydrant or any part thereof, or take any water therefrom under any circumstances whatever; any person found guilty of violating any provision of this rule shall be guilty of a misdemeanor, and in addition thereto he shall pay to the Water District a penalty in the amount of any damage done to said hydrant and the cost of restoring same to its proper condition.
(2) 
Obstructions. Any person placing any obstructions that would prevent free access to any fire hydrant shall be guilty of obstruction, and such violation shall be punishable pursuant to the New York State Vehicle and Traffic Law or § 247-8, Enforcement; penalties for offenses.
N. 
Operated by employees of Department of Public Works only. No person except an employee of the Department of Public Works shall open, close or in any way interfere with any valve or gate in any water main, conduit or street pipe. Any person who has disturbed or displaced a valve box so that the valve stem cannot be reached by a key, or has covered a valve box or a valve chamber with dirt, paving plank or other material, shall immediately replace the valve box and remove the obstruction. Any person violating this section shall be guilty of a misdemeanor.
O. 
Commercial use.
(1) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
COMMERCIAL RATE
The prescribed rate as hereinafter set forth for the consumption of water by users other than private consumers and applicable to metered premises where owners or occupants in the course of their occupation or in the conduct of their business use and consume large quantities of water.
COMMERCIAL USER
Any person, firm or corporation consuming a large quantity of water in the course of his or its business or trade carried on the premises.
(2) 
Sale of water to commercial users.
(a) 
All commercial users, as defined in this section, are hereby required at their own cost and expense and under the supervision of the Department of Public Works to install on the premises a water meter, which meter shall be the property of Water District and not of the consumer, and may be removed by any authorized employee of Water District for repairs and/or Department of Public Works of supply of water to the premises.
(b) 
Upon installation of the meters as aforesaid, the water will be supplied in bulk to the metered premises and charged at the following rate:
[1] 
Basic rate: the rate fixed for private use.
[2] 
Surcharge is superimposed upon the basic rate.
[3] 
An amount in addition thereto shall be charged as follows.
[4] 
Metered water rate:
[a] 
Minimum charge including first 75,000 gallons: $25.
[b] 
Next 112,500 gallons at $0.14 per 750 gallons.
[c] 
Next 187,500 gallons at $0.13 per 750 gallons.
[d] 
Remainder at $0.12 per 750 gallons.
[5] 
Collection. Water rents will be collected January 15 of each year. Rates are subject to change without notice. Delinquent water rents shall be levied and collected as prescribed by Section 198 of the Town Law.
P. 
Should the Department of Public Works determine that water conservation is needed for the health, safety and welfare of the Town, the Town Supervisor may declare the need for water conservation and impose water restrictions, including but not limited to the restriction of water use outside the residence or commercial property.