Town of Newfane, NY Water

No water main shall be tapped nor any service connection made, laid or covered except in the presence of the Superintendent and/or his authorized representatives, and then only after he shall have approved all work and materials and authorized the making of such tap and the connecting and covering of it.

This requirement shall not apply to existing services in use prior to December 1, 1961, which do not require modification and which are in good condition. Any such services which require replacement because of leaks, at any time, shall be replaced with acceptable materials in accordance with these rules and regulations.

No person, except an authorized District representative, shall turn the water on or off at any connection to the water main. Water will be turned on by the Superintendent to test the pipes before they are covered and immediately turned off until final approval of the completed service installation by the Superintendent.

Service connections (permanent).

Taps and connections shall be 3/4 inch and shall be carried full size from the water main to the meter, except that larger services will be permitted where proper application is made in writing to the Board, where need for such service is proven and where water main size is adequate. Where larger than 3/4 inch is required, the owner shall pay to the Board an installation fee, in addition to those hereinafter described, which will fully compensate the District for the cost of the larger service desired.

Service pipe two inches and smaller shall be Type K copper tubing.[1] No underground joints will be permitted except where distances are greater than the lengths available from the manufacturer. In this case, a minimum number of joints will be permitted and these shall be of the compression type only. Service pipe larger than two inches but smaller than four inches may be cast-iron pipe. Service pipe four inches and larger shall be cement-lined cast-iron mechanical or tyton joint pipe. All pipe shall meet all requirements for a working pressure of 150 pounds per square inch. All service pipe shall be laid in a trench not less than four feet below the surface of the earth.

[1]

Editor's Note: By resolution on 6-24-1966, the Town Board adopted an amendment to permit service connections from main to curb box and from curb box to customer to be made out of flare-type plastic tubing which meets AWWA tests for 150-525 pounds, upon approval of the local Water Department.

Permission will not be granted to supply more than one consumer from a single tap unless a separate shutoff cock is provided for each such building, and, if located on the premises, a perpetual right-of-way must be granted to the Board by the owners.

When premises are occupied by more than one consumer, a meter must be installed for each consumer, unless the owner contracts with the Board for the water for the building.

No installation shall be permitted which has any connections, direct or indirect, with any public or private pumping and/or distribution system or source not fully approved by the New York State Water Resources Commission and by the New York State Department of Health, regardless of how it is valved or piped. Health Department approved air breaks must be employed in supplying tanks, vats or other apparatus which contain liquids, chemicals or other matter which could in any way endanger the water supply if it were drawn back into the District mains.

All services installed shall be by a duly qualified person approved by the Superintendent.

All water services from 3/4 inch up to two inches shall have a water shutoff valve before the meter, inside the structure which the water service feeds. All mobile homes will have a water shutoff valve before the meter under the mobile home.

[Added 7-26-2017 by L.L. No. 4-2017]

Service connections (temporary).

Temporary service connections shall consist of, but shall not be limited to, construction jobs, fairs, circuses, military installations, emergency intersystem connections and for service of water to a premises or property upon which no permanent structure is or has been erected (such as a campsite, a trailer, a movable building or advance service for new construction).

Except as otherwise directed by the Board or as set forth herein, all requirements for permanent service shall apply to temporary service.

In addition, the consumer shall pay to the District, in advance of service, a sum of money, in addition to any installation charges heretofore mentioned, equal to the full cost of the meter to be installed. Upon termination of said service and the return of the meter to the District, provided that said meter is found to be in proper condition for reuse after inspection and testing, the consumer will receive, without interest, the amount paid. The cost of said inspection and testing and the cost of any repairs found to be necessary will be deducted from the above-mentioned amount.

All other fees and charges outlined under Subsection B, Service connections (permanent), shall not be refunded.

The Board reserves the right to reject any application for service which it believes will be prejudicial to the best interests of the District.

Special services. The Board reserves the right to accept or reject any or all applications for services of a nature not hereinbefore covered by these rules and regulations, including the right to determine the rates for such services, and shall approve only those permits which it finds are not prejudicial to the best interests of the District.

§ 255-6 Meters.

All water for domestic, commercial and industrial purposes shall be metered. Meters shall be signed for by the owner, or his duly authorized agent, for whose premises the water is to be used. No charge shall be made for water for fire purpose taken from District-owned hydrants. Each sprinkler system or private hydrant installation must be submitted to the Board for review and approval as to the connection to the supply main. The decision, thereafter, will be made by the Board as to whether meters will be required for the service and use requested.

When water is desired and after the service from the main has been installed according to the rules set out in § 255-5, the owner of said premises shall make application to the District on the standard form provided.

All meters will be maintained by and at the expense of the District insofar as ordinary wear and tear are concerned, but the consumer will be held responsible for damage due to freezing, hot water or other external causes. In case of damage, the District will repair the meter, if necessary replacing it with another, the total cost of which shall be paid by the consumer. The total cost for repair of a frozen meter shall be the actual cost of repair or replacement.

[Amended 5-25-1977; 3-11-1981; 2-22-1989]

The Board reserves the right, at all times, to inspect, test, clean, repair, remove and replace any meter at any time and to substitute another meter in its place. In the case of a disputed account involving the question of accuracy of the meter, such meter will be tested by the District upon request of the consumer or owner. The total cost for testing meters shall be $10 for meters one inch and smaller and the actual cost of testing for larger meters. In the event that the meter so tested is found to have an error in registration to the prejudice of the consumer in excess of 4% at any rate of flow within the normal test limits, the fee advanced for testing will be refunded and the bill for the current period adjusted to correct such over-registration.

[Amended 2-22-1989]

The Board reserves the right, at all times, to stipulate the size, type and make of any and all meters employed within or without the District.

§ 255-7 Termination of service.

To disconnect services:

[Amended 2-23-2005 by L.L. No. 1-2005]

No person, except the Superintendent or his authorized representative, shall terminate or restrict service at any connection to or from the District water system.

All water services will be cut and capped off at the Town right-of-way line in a manner that will not allow groundwater infiltration and in a manner that services can be reconnected if future use is desired. Authorized Town personnel will inspect the connection(s) before billing is discontinued.

To disconnect services for mobile home parks: All water services will be turned off at the curb box and capped off at the water service connection at the cement pad, in a manner that will not allow groundwater infiltration and in a manner that services can be reconnected if future use is desired. Authorized Town personnel will inspect the connection(s) before billing is discontinued.

[Added 4-27-2005 by L.L. No. 3-2005]

The Board reserves the right to shut off the water from or in any District main or to any service connection, at any time, without notice, that it is deemed necessary, and the Board shall not be responsible for any damage that may result therefrom.

Leaks in service lines.

Upon detection of a leak in a service line, between the curb stop and the meter, of any nature prejudicial to the District, the owner, consumer and/or corporation shall make the necessary repairs to said service, at no expense to the District, and shall perform the work in strict accordance with the requirements set forth for a new service.

Upon failure by an owner, consumer and/or corporation to repair such a leak, the District may, at its option, terminate service 15 days following issuance of a notice to repair. The District reserves the right to enter on any property or premises, at any time, to repair any leak, break or other damage which, if left unrepaired, would or could be prejudicial to the District water system. The expense of such repairs to services shall be at the cost of the consumer while the expense incurred in the repair of District mains and fixtures shall be borne by the District.

Water may be turned off, at the direction of the Board, by the Superintendent, because of failure of payment by any consumer, 60 days after the end of a period, and a charge of $1 will be made in addition to the payment of all bills then in arrears, including penalties, before the water will again be turned on.

§ 255-8 Water use in case of fire.

In case of fire or an alarm of fire, all water consumers are requested to cease the use of water for motors, fountains, sprinkling and power purposes during such fire, in the interest of keeping up a strong and effective pressure for fire purposes.

§ 255-9 Operation of hydrants; charges.

No person except the Superintendent of the water system, or persons acting under his direction or permission, shall open any fire hydrant or draw water therefrom, except that the Chiefs of the Town Fire Departments and their assistants shall be authorized to draw water as necessary to fight fire. In no case shall inexperienced or incompetent persons be allowed to manipulate or interfere with any such hydrants, gates, valves or other fixtures.

Hydrants will be installed on all water mains so that each developed property or premises shall in no case be farther than 600 feet distant from a hydrant, except that no hydrant will be installed on other than public lands, easements or rights-of-way permanently owned or controlled by the Board, its successors and assigns.

Changes in location of existing hydrants will be made, except where otherwise required by law, at the expense of the owner or consumer requesting such change in location. All such requests shall be made in writing to the Board.

The Board does not guarantee to provide hydrant service to consumers outside the District or to temporary services within the District.

Eliminate the filling of swimming pools.

[Added 5-25-1977; amended 2-22-1989]

All irrigation accounts shall pay a fee of $10 per meter used. All hookups are to be approved by the Water Department. The Water Department will be informed of the hydrant to be used. All meters will have a permanent serial number on each meter.

[Added 5-25-1977; amended 2-22-1989]

§ 255-10 Vandalism and property damage; penalties for offenses.

Any person who shall deface, injure, disturb or interfere with any machinery, pumps, buildings, trucks, tools, valves, hydrants or any other part of the District Water System will be prosecuted to the fullest extent of the law. The commission of any of the above offenses is punishable by fine and imprisonment (Article 134 of the Penal Law).[1]

[1]

Editor's Note: See now Article 145 of the Penal Law.

§ 255-11 Expense of installation and repair services.

Expense borne by the District:[1]

Maintenance and repair of meters, as set forth in § 255-6 of these regulations.

Cost of installing service line from main to curb stop, inclusive, as set forth in § 255-5.

Maintenance and repair of service lines from main to curb stop, inclusive.

[1]

Editor's Note: Former Subsection A(1), Cost of making taps, was repealed 4-12-1972.

Expense borne by the owner:

The cost of all materials and labor for laying and maintaining the service pipe upon and within his premises from the curb box serving said property.

Cost of installing service line from the main to the curb stop, inclusive, as set forth in § 255-5.

Water rentals and special assessments.

The charge of $1 for turning on the water after it has been turned off due to delinquent accounts; also, all arrearage penalties or back rents of whatever nature. All delinquent charges shall be a lien against the property.

The cost of installation, repair and testing of meters, except for mechanical defects or natural wear and tear, as set forth in § 255-6 of these regulations.

Water tap fees one inch or larger shall be $500 plus the cost of materials. The cost of the water meter if larger than one inch will be paid for by the water customer. Three-fourths-inch water meters will continue to be provided by the Water Department.

[Added 4-12-1972; amended 2-22-1989; 6-26-2002; 9-24-2003; 5-24-2017 by L.L. No. 3-2017]

The above fee shall not apply to those areas and subdivisions where the entire cost of the installation of water mains and service lines, including curb cocks, has been borne by the owner or developer.

[Added 4-12-1972]

(8)

A separate service shall be required for each individual, two-family, duplex and/or multiple-dwelling building.

[Added 4-12-1972]

(9)

The prescribed fee must be paid prior to installation.

[Added 4-12-1972]

(10)

Structures (homes) built more than 200 feet from the property line are required by Town Code to have a meter pit and dual check valve. The meter pit and dual check valve will meet or exceed Newfane Water Department specifications.

[Added 9-24-2003]

§ 255-12 Expenses of water use.

All water rentals will be charged to the owner, and statements rendered to the consumer upon request.

Water rentals of all kinds shall become due tri-annually except in the case of large industrial or commercial consumers where monthly billing may be ordered, and in all cases where bills remain unpaid for a period of 60 days after becoming due, the Superintendent may shut off the water at the curb stop, and in no case will service be resumed until such overdue bill, all penalties and the one-dollar fee previously mentioned are paid.

[Amended 5-26-2010 by L.L. No. 1-2010]

Water rentals at meter rates shall be paid tri-annually as above stated, according to the following schedule of rates which has been established by the Board, and are subject to such changes by the Board as it may decide to be for the best interests of the District.

[Amended 12-11-1974; 5-25-1977; 3-22-1978; 1-27-1982; 1-26-1984; 1-26-1994; 11-27-2002; 10-27-2004 by L.L. No. 6-2004; 5-26-2010 by L.L. No. 1-2010]

Schedule.

[Amended 5-24-2017 by L.L. No. 2-2017]

(a)

Domestic and small consumers.

	Number of Gallons	Rates
	First 11,000	$20 minimum
	Over 11,000	$2 per thousand

(b)

Irrigation: $1.50 per thousand.

A minimum bill of $20 shall be collected whether the water is on or off.

Each bill will be for the water used in the preceding four months and shall be payable in 21 days and shall be subject to a ten-percent penalty if not paid within 21 days.

[Amended 5-26-2010 by L.L. No. 1-2010]

Commercial users may be billed monthly.

The Board reserves the right, if need be, to refuse water to anyone for consumption outside said District.

Sewer rates.

[Added 1-27-1982; amended 2-27-1991]

Sewer District No. 1. The minimum yearly charge shall be $197.52; over 100,000 gallons per year shall be charged at $0.892 per 1,000 gallons.

Sewer District Nos. 2 and 3. The minimum yearly charge shall be $197.52; over 100,000 gallons per year shall be charged at $0.892 per 1,000 gallons.

To discontinue billing: The minimum charge for water billing will continue until the services have been disconnected on the property owner's side of the water service curb box, pursuant to Town requirements by and at the property owner's expense. The property owner will schedule an appointment with the Town Water Department for inspection by authorized Town personnel of the disconnected lines before billing is discontinued.

[Added 2-23-2005 by L.L. No. 1-2005]

To discontinue billing for mobile home parks: The minimum charge for water billing will continue for one billing period after the water meter is turned into the Town and the service has been turned off at the water service curb box and capped off at the connection at the cement pad, pursuant to Town requirements by and at the property owner's expense. The property owner will schedule an appointment with the Town Water Department for inspection by authorized Town personnel of the capped connection at the cement pad before billing is discontinued.

[Added 4-27-2005 by L.L. No. 3-2005; amended 5-26-2010 by L.L. No. 1-2010]

To discontinue billing for contemplated long-term vacant structures:

[Added 2-22-2006 by L.L. No. 1-2006; amended 5-26-2010 by L.L. No. 1-2010]

After request for disconnection of water service has been made in writing by the property owner, and after water service has been disconnected in the following manner, the minimum charge for water billing will continue until the next billing period:

(a)

By removal of the water meter by the Water Department; and

(b)

Shut off of the water service at the curb box.

Any person who willfully violates this subsection shall be subject to a fine not exceeding $2,000 for each violation.

To reconnect water service for properties covered by the above Subsection J: After request for reconnection of water service has been made in writing by the property owner, the water meter will be installed by the Water Department and water service will be turned on at the curb box. Billing for water service will commence as of the date the water service is turned on.

§ 255-13 Rebates.

Where disputes arise concerning the payment of water bills in which the registration of the meter is in question, rebates will be made in accordance with the conditions set forth in § 255-6 of these regulations.

§ 255-14 Cottages and seasonal users.

[Amended 11-27-2002; 11-25-2014 by L.L. No. 1-2014]

Where it is desired that water service be shut off during cold weather, the Superintendent, upon request from the owner, will turn off the water where necessary, at an annual charge of $20. The Superintendent shall disconnect the meter and then, when requested again, turn the water back on and reconnect the meter. In the event that no notice is given, it will be expected that the owner will continue to protect the meter and piping from damage from freezing throughout the winter months, and failure to do this shall be a charge against the owner as set forth in § 255-6 of this chapter.

§ 255-15 Special District assessments.

Indirect benefit. A special assessment shall be laid against the assessed valuation, including exemptions, public service and special franchises, of all properties within the District which are lawfully subject to taxation, to provide for the indirect benefits enjoyed by all properties because of the existence of said District. The Board reserves the right to set and from time to time adjust the rate of this indirect benefit assessment according to the best interests of the Water District.

Direct benefit. In addition to the assessment set forth in Subsection A above, a special assessment shall be laid against the assessed valuation, including exemptions, public service and special franchises, of properties abutting water mains or not abutting but receiving water therefrom which are lawfully subject to taxation, to provide for the direct benefits enjoyed because of the existence of water service. The Board reserves the right to set and from time to time adjust the rate of this direct benefit assessment according to the best interests of the Water District.

For purpose of this section, each pad located in a mobile home park, upon which a mobile home is located, whether or not such mobile home is inhabited, shall be assessed as an individual unit. All of such pads upon which mobile homes are located as of September 15 of each year shall be counted for the purpose of compiling the number of units that will be assessed for that forthcoming year.

[Added 8-25-2004 by L.L. No. 4-2004]

§ 255-16 Main extensions.

The Board reserves the right to accept or reject any or all applications for main extensions in maintaining the best interests of the District.

Application for extension by taxpayer petition.

The Board will review any petition for main extensions if and when a petition is duly presented to the Board which contains the legal signatures of owners along the route of the proposed extension representing an average assessed valuation of at least $200,000 per mile of proposed construction and having a potential water demand equivalent to 18 services per mile, all based on 1963 rates of assessment. Said petition shall represent more than 50% of the owners and assessment thus affected.

Said extension shall include all necessary construction from existing District mains to and including the property or premises of all owners signing said petition. Where rights-of-way are necessary, the petitioners will be required to exhibit proof that same will be provided to the District by deed or easement in perpetuity.

The Board, through its engineers, will be the sole judge as to location, size, type and make of all materials and/or work thus performed and as to the acceptance or rejection of said petition.

Application for extension by contractors.

The Board will review any application duly presented in writing by a responsible party, such as, but not limited to, real estate developers, builders, building contractors or corporations, both public and private, which shall show a proposed development which, when completed, will represent at least $200,000 per mile of proposed construction and have a water use equivalent to 18 houses per mile, or greater, based on 1963 rates of assessment.

The owner, in making such application, shall agree to provide all easements, rights-of-way and proof of ownership in full accordance with all Town laws and ordinances and with all conditions herein set forth. The owner, in making his application, shall provide at his own expense all maps, plans and the like necessary to clearly indicate the proposed extension.

No main extension will be approved by the Board until the land is owned or controlled forever by the Board, its successors and assigns.

Prior to construction of said extension, the Board, upon approval of the extension, will direct its engineer to prepare construction plans and specifications and submit to the Board an estimate for the work. The owner shall pay to the Board, in behalf of the District, the full amount of the estimated cost of construction to be adjusted, after construction has been completed, to the exact amount expended in the extension. Thereafter, the owner shall be repaid personally by the Board, without interest, in direct proportion to the existing and permanently developed assessed valuation abutting or directly benefited by the extension until the required assessed valuation per mile, as set forth above, together with the water use, shall have been reached, at which time the entire cost, without interest, shall be returned. The aggregate total repaid to the owner shall not exceed the total of the original cost.

All real property benefited by the extension shall become immediately assessable as directly benefited properties under the tax structures set up by the Board in behalf of the District.

If a period of 10 years shall elapse before the necessary assessed valuation shall have been developed, then the outstanding amount shall cease to be repayable and shall become the property of the District.

All extensions so constructed shall, immediately and forever, become the property of and under the complete control of the Board in behalf of the District.

Application for extension by guaranteed income contract.

The Board will review any application duly presented in writing by a responsible party, such as, but not limited to, military installations or state or federal parks, which shall agree to pay a guaranteed minimum annual revenue in lieu of taxes, in addition to all other charges set forth in these rules and regulations, of sufficient amount to compensate the District for its expenses in financing the extension proposed. The owner shall also contract for said water for a period of time to be determined by the Board.

The owner, in making such application, shall agree to provide all needed easements, rights-of-way and proof of ownership in full accordance with all Town laws and ordinances and in full accordance with all conditions herein set forth and shall provide, at the owner's expense, all maps, plans and the like necessary to perform the proposed extension.

No main extensions will be approved by the Board until the land is owned and controlled forever by the Board, its successors and assigns.

The Board reserves the right to determine location, size, type and make of all materials and labor so employed.

§ 255-17 Water supply.

The District undertakes to use reasonable care and diligence to provide a constant supply of water at a reasonable pressure to all consumers but reserves the right, at any time, without notice, to shut off the water in its mains for the purpose of making repairs and/or extensions or for any other purposes, and it is expressly agreed that the Board and 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 or by the breaking or bursting of any main or service pipe or any attachment to the District system. All consumers having boilers upon their premises which are dependent upon the pressure in the District mains are cautioned against danger of collapse or lack of water, and all such damage shall be borne exclusively by the consumer.

§ 255-18 Cross-connection control.

[Amended 10-24-1984]

Purpose. The purposes of this section are to:

Protect the public potable water supply of the Town of Newfane from the possibility of contamination by isolating within its customers' internal distribution systems or its customers' private water systems such contaminations or pollutants which could backflow into the public water supply system.

ACCEPTABLE BACKFLOW PREVENTION DEVICE

Comply with the requirements of the New York State Sanitary Code 5-1, 31.

Responsibility. The Town Superintendent shall be responsible for the protection of the Town of Newfane distribution system from contamination due to the backflow of contamination through the water service connection. If, in the judgment of said Superintendent, an acceptable backflow prevention device is required at the Town's water service connection to any customer's premises for the safety of the water system, the Superintendent or his designated agent shall give notice, in writing, to said customer to install such an acceptable backflow prevention device at each service connection to the premises. The customer shall install within a reasonable time, as determined by the Town Water Superintendent, such approved device or devices at his own expense, and failure, refusal or inability on the part of the customer to install said device or devices immediately shall constitute a ground for discontinuing water service to the premises until such device or devices have been properly installed.

Definitions. As used in this section, the following terms shall have the meanings indicated:

An acceptable air gap, reduced pressure zone device or double check valve assembly as used to contain potential contamination within a facility. In order for the reduced pressure zone device or the double check valve assembly to be acceptable it must be listed on the most current version of the New York State Department of Health list of acceptable devices.

AESTHETICALLY OBJECTIONABLE FACILITY

One in which substances are present which, if introduced into the public water supply system, could be a nuisance to other customers but would not adversely effect human health. Typical examples of such substances are hot water, food-grade dyes, stagnant water from fire lines in which no chemical additives are used, etc.

AIR GAP

The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet which is supplying water to a tank, plumbing fixture or other device and the flood-level rim of said vessel. An approved air gap shall be at least double the diameter of the supply pipe, measured vertically, above the top of the rim of the vessel, and in no case less than one inch.

APPROVED

Accepted by the Town of Newfane Water Superintendent as meeting an acceptable specification stated or cited in this section or as suitable for the proposed use.

AUXILIARY WATER SUPPLY

Any water supply on or available to the premises other than the Town of Newfane approved public water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural source(s), such as a well, spring, river, stream, harbor, etc., or used waters. These waters may be contaminated or they may be objectionable and constitute an unacceptable water source over which the water purveyor does not have sanitary control.

BACKFLOW

A flow condition, induced by a differential in pressure, that causes the flow of water or other liquids and/or gases into the distribution pipes of the Town of Newfane supply system from any source other than its intended source.

CERTIFIED TESTER

That individual or firm approved to accomplish the necessary inspections and operational tests of backflow prevention devices.

CONTAMINATION

The presence in water of a substance that tends to degrade its quality.

CUSTOMER

A water user served by the Town of Newfane water supply system.

CUSTOMER'S WATER SYSTEM

The piping used to convey water supplied by the Town of Newfane water supply system throughout a customer's facility. The system shall include all those parts of the piping beyond the control point of the Town Water Department. The control point is either the curb valve or the main valve located in the public right-of-way that isolates the customer's facilities from the Town of Newfane distribution system.

DEGREE OF HAZARD

Whether a facility is rated hazardous, aesthetically objectionable or nonhazardous.

DOUBLE CHECK VALVE ASSEMBLY, ACCEPTABLE

An assembly that is composed of two single, independently acting check valves, including tightly closing shutoff valves located at each end of the assembly and suitable connections for testing the watertightness of each check valve.

HAZARDOUS FACILITY

One in which substances may be present which, if introduced into the public water system, would or may endanger or have an adverse effect on the health of other water customers. Typical examples are laboratories, sewage treatment plants, chemical plants, hospitals and mortuaries.

NONHAZARDOUS FACILITY

One which does not require the installation of an acceptable backflow prevention device.

PUBLIC WATER SUPPLY SYSTEM

The Town of Newfane water supply system, including the source, treatment works, transmission mains, distribution system and storage facilities serving the public. This includes the distribution system up to its connection with the customer's water system.

REDUCED PRESSURE ZONE DEVICE, ACCEPTABLE

A device containing a minimum of two independently acting check valves, together with an automatically operated pressure differential relief valve located between the two check valves. During normal flow and at the cessation of normal flow the pressure between these two checks shall be less than the upstream (supply) pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure. The unit must include tightly closing shutoff valves located at each end of the device, and each device shall be fitted with properly located test cocks.

SUPERINTENDENT

The Superintendent of the Town of Newfane Water Department.

Requirements.

The customer's water system shall be open for inspection at all reasonable times to authorized representatives of the Town of Newfane Water Department.

The Town Water Superintendent shall rate a customer's water system according to its degree of hazard to the public water supply system. Some of the factors to be considered are the use and availability of contaminants, the availability of an auxiliary water supply and the type of fire-fighting system in use.

Upon transfer by sale of a facility connected to the public water supply system, an inspection of the facility will be conducted by the Water Superintendent or his authorized representative. If found upon inspection that the facility does not meet the minimum requirements set forth by this section, the facility must be brought up to minimum standards before the new owner will be permitted to draw water from the public water supply.

An acceptable backflow prevention device shall be installed on each service line to a customer's water system at or near the property line or immediately inside the building being serviced, but in all cases before the first branch line leading off the service line, as follows:

(a)

Whenever a customer's water system is rated hazardous, an acceptable reduced pressure zone device or air gap shall be installed.

(b)

Whenever a customer's water system is rated aesthetically objectionable, as a minimum an acceptable double check valve assembly shall be installed.

The design of the installation of an acceptable backflow prevention device must be prepared in accordance with New York State laws and regulations. The design must be approved by the Superintendent and all agencies required by the applicable New York State and Town of Newfane laws and regulations.

It shall be the duty of the customer, at any premises deemed to be classified as hazardous or aesthetically objectionable, to have all backflow prevention devices certified and tested at least once a year. In those instances where the Superintendent deems the hazard to be great enough, he may require certified inspections at more frequent intervals. Certified inspections and operational tests must also be made when any backflow prevention device is to be installed, repaired, overhauled or replaced in addition to the requirement of an annual certified inspection and operational test. All inspections and tests are to be at the expense of the customer and shall be performed by the device-manufacturer's representative, Town of Newfane personnel or by a certified tester approved by the Town of Newfane Water Superintendent. The Town Water Department shall make available the names, addresses and telephone numbers of those persons who are certified as testers for backflow prevention devices. It shall be the duty of the Superintendent to see that certified inspection and operational test of the backflow prevention devices are made. The customer shall notify the Superintendent in advance, in writing, when the tests are to be undertaken so that he or his representative may witness the tests if he so desires. These devices shall be repaired, overhauled or replaced at the expense of the customer whenever said devices are found to be defective. Records of such tests, repairs and overhauls shall be kept and made available to the Town of Newfane Water Superintendent. Copies of all testing and maintenance records shall be sent to the Superintendent immediately after the work is performed.

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 Subsection D(6), be excluded from the requirements of these rules, so long as the Superintendent is satisfied that they will satisfactorily protect the public water supply system. Whenever the existing device is moved from its present location or requires more than minimum maintenance, or it constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this section.

(8)

No water service connection to any customer's water system shall be installed or maintained by the Town Water Department unless the water supply is protected as required by state laws and regulations and this section. Service of water to any premises shall be discontinued by the Town Water Department if a backflow prevention device required by this section is not installed, tested and maintained or if it is found that a backflow prevention device has been removed or bypassed. Service will not be restored until such conditions or defects are corrected.

Enforcement and penalties.

A violation of the provisions of Subsection D of this section is a misdemeanor punishable by a fine not to exceed $1,000 or by imprisonment not exceeding six months, or by both fine and imprisonment. In lieu of or in addition to such fine and imprisonment, or both, each such violation shall be subject to a civil penalty not exceeding $1,000 for any one case, to be recovered in an action or proceeding brought by the Town Attorney of the Town of Newfane in a court of competent jurisdiction. Each day of a continuing violation shall be subject to a separate such fine, imprisonment or civil penalty.

The Town Attorney may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with this section or restrain by injunction any violation of this section, notwithstanding the provisions of Subsection E(1) hereof for a penalty or other punishment.