Town of Albion, NY
Orleans County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Albion as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-13-1992 by L.L. No. 1-1992; amended in its entirety 4-9-2001 by L.L. No. 1-2001]

§ 99-1 Water rents and billing.

A. 
All water rents shall be chargeable to the owner of the property where water is furnished when proper arrangements are made for the water service. In each instance all water rentals shall be a lien against the real estate upon which the water is used, and such rentals shall be due and payable on the 10th day of March, June, September and December of each year at the office of the Water Clerk, except in cases of rents for water used for other than domestic purposes, in which case rents shall be due and payable on the 10th day of each month, as billed.
B. 
The owners of houses, buildings or property used for human occupancy, employment, recreation or other purposes situated within a Town Water District not served by a public water source (i.e., well or spring) are hereby required at their expense to install water line facilities therein and to connect such facilities directly with the Town Water District water main source provided that said water main is within 100 feet of the property line and is operational. Such connection shall be in accordance with the provisions of this article as provided herein. Once a water main has been constructed within 100 feet of an owner's property line and becomes operational, an owner not served by a private water source (i.e., well or spring) within six months shall connect their house, building or other structure to the water main. If it becomes necessary for the Town to notify by registered mail a notice to the owner, the owner, after receiving such notice, will have 90 days from receipt of notice to connect to the water line before being in violation of this section.

§ 99-2 Unpaid bills against property.

A. 
In all cases where water rents remain due and unpaid at the time the annual tax roll is made out, the same shall be included therein and levied against the real property on which the water shall have been used and shall be collected with and in the same manner as other Town taxes, with the additional charges, fees and penalties incident to the collection of such taxes.
B. 
To recover costs incurred by the Town of Albion in the processing of unpaid water bills for collection by the county, there shall be added to the amount of such unpaid bill $100 for each property. The Town Board may by resolution, after a public hearing, change the amount of said fee when the Town Board's analysis demonstrates that a different fee more properly presents the costs incurred to process said bills.
[Added 3-8-2004 by L.L. No. 3-2004; amended 9-12-2005 by L.L. No. 2-2005; 8-13-2007 by L.L. No. 5-2007]

§ 99-3 Application for water service.

All applications for the introduction of or use of water on any premises for the extension of any water pipe shall be in writing and signed by the owner of such premises or by his duly authorized agent and must fully and truly state the purpose for which the water is required, and all expenses incident to the introduction or use of water on any premises must be paid by the applicant.

§ 99-4 Bypasses prohibited; public hydrants.

No addition to or alteration to any public or private pipe, conduit or other fixture between the public water main and the individual water meter shall be made by any person, nor shall the water main be tapped or any portion of the waterworks system, including but not limited to the public hydrants and water meters, interfered with/without permission, nor shall any other person open or interfere with any public hydrant or tamper with or otherwise interfere with any meter without permission of the Water Superintendent, the Town Board or the Chief of the Fire Department or some other person duly authorized by such authority.

§ 99-5 Penalties for offenses.

[Amended 9-12-2005 by L.L. No. 2-2005]
Any person violating any of the provisions of this article shall be guilty of an offense and fined not more than the sum of $1,000. In the event of commencement of a proceeding for the enforcement of the violation of this article, to protect the health and welfare of the residents of the community, the Town Board may direct cessation of service. In the event that a person shall have violated a provision of this article on three or more occasions within a period of five years, that person shall be guilty of a misdemeanor offense, and fined not more than $2,000 or otherwise dealt with according to the law. The Town Board and the Town Attorney are authorized to commence and prosecute violations of this article.

§ 99-6 Responsibilities of owners and Town for pipes.

All water pipes between the main and the existing curb valve, together with all the fixtures connected herewith, shall be kept in good repair and protected from freezing by the Town of Albion at the expense of the Town of Albion. All water pipes from the existing curb valve to the premises where the water is used, together with all the fixtures connected herewith, must be kept in good repair and protected from freezing, and all unnecessary waste or leakage of water must be prevented, at the expense of the owner.

§ 99-7 Water meter, meter pit and water main tap.

[Amended 9-12-2005 by L.L. No. 2-2005; 8-13-2007 by L.L. No. 5-2007]
A. 
Each owner of the premises where Town water is now being used, and where a water meter and/or meter pit approved by the Town Board is not in use, shall be required to install a meter and/or meter pit which shall be approved and furnished by the Town of Albion when requested by the owner in writing. The following set forth the costs:
(1) 
Water meter. The charge for the water meter shall be $260.
(2) 
Meter pit. Any residence/ building that is more than 200 feet from the road shall be required to purchase a meter pit at the cost of $560.
(3) 
Water main. The cost for the tapping a water main shall be $500.
B. 
All costs associated with connecting to the curb stop/meter pit shall be the responsibility of the homeowner/property owner as set forth in the connection instruction sheet.
C. 
All meters shall have an outside reader, installed by the Highway Department. Failure of any tenant/homeowner to provide access to the meter for said installation of the outside reader shall result in a charge of $100 per billing until such time that the Highway Superintendent or his representative is allowed to install said reader.
D. 
The water meter/meter pit charge shall include the meter, meter pit (where required), inspection and outside reader, unless the Town Board, by resolution, adopts different or separate fees.

§ 99-8 Inspection of pipes and fixtures.

Every owner of the premises where Town water shall be used, at all reasonable times and whenever in their judgment it shall be necessary to do so, shall permit the Water Superintendent or anyone duly authorized by him to enter any and all portions of the premises or building, where necessary for the purpose of examining the meter, water pipes or fixtures or the manner in which the water is being used.

§ 99-9 Multiple parties on same service pipe.

In cases where two or more parties or families are supplied with water from the same service pipe, each party served will be considered as a separate service and a minimum bill will be rendered for each party served. If either party or family fails to pay the water when due, and where the same is not paid by the owner of the premises, the water may be turned off and kept off from such supply pipe until the rent is paid by or on behalf of both said parties or families.

§ 99-10 Service charges.

Whenever water is turned off for nonpayment of bills or violations of the rules a charge of $50 payable in advance will be made for turning it on again. All leaks in the service pipe upon the premises supplied must be promptly repaired by the owner and on failure to make such repairs with reasonable dispatch the Water Superintendent will turn off the water from the premises until the necessary repairs are made and a charge of $50 for turning it on again.

§ 99-11 Boilers.

Steam boilers taking water from the waterworks will be required to have tanks that will contain an ample supply of water for 10 hours in case the water is shut off for any purpose. The Town Board will not be responsible for any accidents or damages sustained by the violation of this rule. All houses and boilers shall be fitted with a suitable check valve to prevent accidents from collapse or damage in case the water suddenly drawn from the mains.

§ 99-12 Shutoff of water.

The Town Board reserves the right to shut off water without notice for any alterations, extensions, repairs and to stop and restrict the supply of water whenever it may be found necessary, and the Town of Albion shall not be liable under any circumstances for a defiance[1] or failure in the supply of water, whether occasioned by shutting off water to make repairs or connections or for any other avoidable cause.
[1]:
Editor's Note: So in original.

§ 99-13 Disposition of meters.

No hose bibs or hose connections will be allowed on any premises except where service is metered. The Town Board will from time to time, as conditions warrant, purchase quantities and will designate the Water Superintendent the locality in which the meters shall be installed, until such time when all services are metered. The American Water Works Association will approve these meters, which will be of the latest type. Ownership of said meter will remain vested in the Town of Albion and a rental charge of $3 per quarter will be made.

§ 99-14 Installation of meters.

The setting of the meters must be made under the supervision of the Town Water Superintendent or his representative, wherever a meter is to be installed a suitable place must be provided by the owner and must be a place free from frost and accessible at all times. For mobile homes, or homes with no basements, meters shall be placed in the home. This rule applies to all meters installed.

§ 99-15 Complaints about water bills and meter readings.

Any consumer making complaints as to the correctness of the water bills and claiming to be overcharged may, by applying at the office of the Water Clerk within 10 days after presentation of the bill, have the meter examined and the dial reread or by depositing $10 at the above office and making a written request have the meter tested. If the meter is found to be correct or to under register the Water Department as payment for testing the meter will retain deposit. Should the meter be found to be over registering the deposit will be returned to the complainant and proper correction made to the bill. The Water Clerk or Water Superintendent is hereby authorized to correct any charge so shown to be due to the fault of the meter or incorrect reading of the dial but shall have no power to reduce water rents for any other reasons whatsoever. Water bills against which no complaints have been entered within 10 days after presentation must be paid as rendered.

§ 99-16 Out of order meters.

If a meter gets out of order or fails to register the correct amount of water used the consumer will be charged at the average daily consumption as shown by the meter when in order. No meter shall be removed or except by an individual acting under the direction of its Water Superintendent for said removal or disturbing of the meter will be $250.[1] No owner or tenant of any premises supplied by the Town will be allowed to supply water to other families or persons. If found doing so the supply will be terminated and the amount paid forfeited except where special permission is granted by the Highway Superintendent. An independent service pipe from the main must supply each consumer.
[1]:
Editor's Note: So in original.

§ 99-17 Damage to meters.

Any damage which may be sustained to a meter from carelessness of the owner, tenant or agent of the premises or neglect of said meter as well as any damage that may result from allowing said meter to become frozen, burned or injured by hot water or steam shall be paid to the Water Clerk on demand. The cost for damages to any meter shall be the Town's personnel and materials cost for repair. Unpaid damage repair costs shall be water charge assessable like any other unpaid bill pursuant to § 99-2.

§ 99-18 Leased premises.

Property owners leasing premises are required to furnish their tenants with a copy of these rules and regulations, which will be supplied upon application at the office of the Water Department.

§ 99-19 Penalties for failure to pay bill.

If a water bill is not paid after a one-month period of the unpaid billing a shutoff notice will be forwarded by regular mail to the responsible consumer. If the unpaid water bill is not paid within 20 days, commencing with the day of mailing said notice, the water supply to the premises of the delinquent consumer will be terminated. Whenever a water supply is terminated for nonpayment of a water bill an additional charge for services in the amount of $50, payable in advance, will be imposed before the water service to the premises of the delinquent consumer will be restored. These rules and regulations may be altered and amended at any time at the discretion of the Town Board and said Board reserves the right to change the water rental rates wherever, in its judgment, it may become advisable.

§ 99-20 Schedule of rates.

A. 
The following water rentals and charges are hereby fixed and established for the use of the water in the Town of Albion.
(1) 
Tapping.
(a) 
The introduction of service pipe for the supply of any premises with water must be in accordance with the rules and regulations of the Town Board.
(b) 
(Reserved)[1]
[1]:
Editor's Note: Former subsection A(1)(b), regarding the cost for tapping a water main, was repealed 9-12-2005 by L.L. No. 2-2005. See now § 99-7.
(c) 
On and after the first of July 2001 the water rates for service within the Town of Albion outside the village shall be as follows:
[1] 
$15 quarterly administrative, operating and maintenance charge for each service connection. Said charge shall be the minimum charge each quarterly billing. Said charge shall also include the first 500 gallons of water.
[2] 
For water usage above 500 gallons, $4.25 per 1,000 gallons.
(2) 
All bills shall be rendered on a quarterly basis. Liability for water charge shall commence in the quarter in which a meter is purchased or service begins, whichever is first.
(3) 
Meter rental shall be a reasonable amount according to the size and kind of meters utilized and in an amount as shall from time to time be fixed by this Town Board or by any other proper official, board or commission on authority given by the Town Board by resolution. In no event shall such meter rent be below the amount of $3 per quarterly billing. The Water Superintendent may require a deposit for rented meters.
B. 
A penalty of 10% will be imposed on all unpaid water bills and services after the 10th day of the month following the month of the billing.
C. 
All hydrants on private property shall be sealed by the Water Superintendent and such hydrants shall be used solely for fire protection purposes. Any seal found broken other than after the use of said hydrant or hydrants for fire protection shall be presumptive evidence that said hydrant or hydrants had been used for a purpose other than fire protection, and a water charge of $50 will be assessed against the user thereof or the property owner for each time any such seal or seals are found broken. Said assessment charge is to be a charge for water on each and every seal found broken.
D. 
The cost for unmetered water shall be raised to $20 per 1,000 gallons or a fraction thereof and $20 for each additional 1,000 gallons or fraction thereof.
E. 
The Town Board may from time to time, by resolution, after a public hearing, change the water rates, meter rates, tap-in fees or any other applicable charges, as in its sole discretion it deems necessary.

§ 99-21 Nonpayment of charges.

In all instances where arrangements have been made pursuant to this article for water rents to be chargeable to the consumer or consumers not the owners of the property where water is furnished and the charges chargeable to the said nonowner are in any way delinquent the water service will not be furnished at any other property chargeable to the same nonowner or consumer until such delinquent charges have been paid in full.

§ 99-22 Payment in full.

All payments for water rental and charges, including penalties and interest, shall be payable in full from the effective date of this article. No partial payments with respect thereto will be accepted by the Town, its officials, agents or employees.

§ 99-23 Amendment of rules and regulations.

The Town Board may, by resolution, establish rules and regulations in addition to this article at any time it deems, in its sole discretion, such rules and regulations necessary for the proper and safe operation of the water system. Such rules and regulations may be amended, by resolution, from time to time, as the Town Board deems necessary.
[Adopted 11-9-1998 by L.L. No. 3-1998]

§ 99-24 Purpose.

The purpose of this article is:
A. 
To protect the public potable water supply of the Town of Albion, Orleans County, New York, from the possibility of contamination by isolating within its customers' internal distribution system(s) or its customers' private water system(s) such contamination or pollutants which could backflow into the public water system; and
B. 
To comply with the requirements of the New York State Sanitary Code 5-1.31.

§ 99-25 Responsibilities; backflow prevention devices.

The Town of Albion Water Department shall be responsible for the protection of the Town of Albion distribution system from contamination due to the backflow of contaminates through the water service connection. If in the judgment of said Water Department, 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 Water Department or its designated agent shall give notice in writing to said customer to install such an acceptable backflow prevention device at each service connection to this premises. The customer shall immediately install 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.

§ 99-26 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ACCEPTABLE BACKFLOW PREVENTION DEVICE
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 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 public water supply system could be a nuisance to other water customers, but would not adversely affect human health. Typical examples of such substances are food-grade dyes, hot water, 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 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 Albion Water Department as meeting an applicable specification stated or cited in this article or as suitable for the proposed use.
AUXILIARY WATER SUPPLY
Any water supply on or available to the premises other than the Town of Albion's approved public water supply. These auxiliary waters may include water from another purveyor's potable water supply or any natural source(s) such as a well, spring, river, stream, lake or pond, etc., or use 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 pipe of the Town of Albion 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 supply system.
CUSTOMER'S WATER SYSTEM
The piping used to convey water supplied by the Town of Albion's supply system throughout a customer's facility. They system shall include all those parts of the piping beyond the control point of the Town water systems. The control point is either the curb valve or the main valve located in the public right-of-way that isolates the customers facilities from the Town distribution system.
DEGREE OF HAZARD
Whether a facility is rated as hazardous, aesthetically objectionable or nonhazardous.
DOUBLE-CHECK VALVE ASSEMBLY, ACCEPTABLE
An assembly 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: laboratories, sewage treatment plants and pumping facilities, chemical plants, hospitals, mortuaries, dry-cleaning and laundry facilities, automated car washing facilities, etc.
NONHAZARDOUS FACILITY
One which does not require the installation of an acceptable backflow prevention device.
PUBLIC WATER SUPPLY SYSTEM
The entire Town of Albion system, including the source, transmission mains, distribution system and storage facilities serving the public, whether or not in the Town of Albion. 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 check valves 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, between the checks at less than the supply 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.
WATER DEPARTMENT
Licensed water operators or Town Engineer of the Town of Albion, or such other agency or professionals designated by the Town Board.

§ 99-27 Requirements and standards.

A. 
The customer's water system shall be open for inspection at all reasonable times to authorized representatives of the Town of Albion.
B. 
The Water Department and/or Town Engineer 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, availability of contaminants, the availability of an auxiliary water supply and the type of fire-fighting system in use.
C. 
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 served, but in all cases, before the first branch line leading off the service line as follows:
(1) 
All new or replacement water services to one- or two-family residential buildings will require installation of a residential dual-check device immediately downstream of the water meter. The dual-check device will be provided by the Water Department.
(2) 
All new or replacement water services to multiple-family (three or more units) residential buildings will require installation of an acceptable backflow prevention device, the type of which is dependent on the degree of hazard present. As a minimum residential dual-check devices will be required. The backflow prevention device will be provided by the customer.
(3) 
All new or replacement water services to commercial and industrial facilities will require the installation of an acceptable backflow prevention device, the type of which is dependent on the degree of hazard present as determined by the Water Department. As a minimum, a double-check valve assembly will be required. The backflow prevention device will be provided by the customer.
(4) 
Whenever a customer's water system is rated hazardous, an acceptable reduced pressure zone device or air gap shall be installed.
(5) 
Whenever a customer's water system is rated aesthetically objectionable, as a minimum, an acceptable double-check valve assembly shall be installed.
D. 
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 Water Department and all agencies required by the applicable New York State and Town of Albion laws and regulations.
E. 
It shall be the duty of the customer at any premises where backflow prevention devices are installed, except residential dual-check devices, to have certified inspections and operational tests made at least once a year. In those instances where the Water Department deems the hazard to be great enough, it 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 at the expense of the customer and shall be performed by the device manufacturer's representative, witnessed by the Town of Albion representative, or by a certified tester approved by the New York State Health Department. The Town of Albion shall provide addresses and telephone numbers of persons which are certified as testers for backflow prevention devices. It shall be the duty of the Water Department to see that certified inspection and operational tests of the backflow prevention devices are made. The customer shall notify the Water Department in advance, in writing, when the tests are undertaken so that the Department's representative may witness the test if it is so desired.
F. 
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 E, be excluded from the requirements of these rules so long as the Water Department is assured that they will satisfactorily protect the utility system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or constitutes a hazard to health, the unit must be replaced by a backflow prevention device meeting the requirements of this section.
G. 
No water service connection to any customer's water system shall be installed or maintained by the Town of Albion unless the water supply is protected as required by state laws and regulations and this article. Service of water to any premises shall be discontinued by the Town of Albion Water Department if a backflow prevention device required by this article is not installed, tested, and maintained, or 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.
H. 
Nothing in this article shall prevent the Town of Albion or its designated agents from taking such steps as it considers necessary to protect the public health and safety in the case of a public emergency; with or without prior notice to the customer.

§ 99-28 Enforcement and penalties for offenses.

A. 
A violation of the provision of § 99-27 of this article is a misdemeanor punishable by a fine not to exceed $1,000 for any one case, to be recovered in an action or proceeding brought by the Attorney for the Town of Albion in a court of competent jurisdiction. Each day of a continuing violation shall be subject to a separate such fine, imprisonment or civil penalty.
B. 
The Attorney for the Town of Albion may maintain an action or proceeding in the name of the Town of Albion in a court of competent jurisdiction to compel compliance with this article or restrain by injunction any violation of this article, notwithstanding the provisions of Subsection A hereof for a penalty or other punishment.
C. 
Where any violation of this article causes expense to the Town of Albion such violation may also be punishable by a civil suit against the violator, brought by the Attorney for the Town of Albion in the name of the Town of Albion in a court of competent jurisdiction, to recover such additional cost.