The Town Board of the Town of Fenton does hereby
adopt and ordain the following rules and regulations to govern and
control such public water supplies, water districts and water supply
districts, as shall be under its jurisdiction, and does hereby repeal
and revoke any previous rules and regulations, resolutions, motions,
etc., insofar as they conflict with this chapter. This chapter shall
be considered as a part of the contract with all parties now or hereafter
taking and using water furnished by such public water supplies, water
districts or water supply districts. Nothing herein shall be construed,
however, as ruling that any piping or other facilities in active use
on the date of adoption of this chapter is unsatisfactory.
As used in this chapter, the following terms
shall have the meanings indicated:
AESTHETICALLY OBJECTIONABLE FACILITY
One in which substances are present, which, if introduced
into the public water supply system, could be a nuisance to other
water customers, but which would not adversely affect human health.
Typical examples of such substances are: food-grade dyes, hot water,
stagnant lines from fire lines in which no chemical additives are
used, etc.
AIR GAP SEPARATION
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 rim of the
receptacle. The differential distance shall be at least double the
diameter (D) of the supply pipe. In no case shall the air gap be less
than one inch.
APPROVED 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.
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 of
bronze or other noncorrodible, nonsticking material, machined for
easy, dependable operation. The closure element, e.g., clapper, shall
be internally weighted or otherwise internally equipped to promote
rapid and positive closure in all sizes where this feature is obtainable.
APPROVED DOUBLE-CHECK VALVE ASSEMBLY
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.
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 a public water supply from any source other
than its intended source.
BACK PRESSURE
The resulting backflow of contamination, polluted or otherwise
unacceptable quality water from a plumbing fixture or other customer
source(s) into a public water supply system due to a greater pressure
within the customer's water system.
BACKSIPHONAGE
The backflow of contaminated or polluted water or water of
questionable quality from a plumbing fixture or other customer source(s)
into a public water supply system main due to a temporary negative
or sub-atmospheric pressure within the public water supply system.
BAROMETRIC LOOP
A loop of pipe rising approximately 35 feet, at its topmost
point, above the highest fixture it supplies.
BOARD
The Town Board of the Town of Fenton, New York, or its duly
authorized employees or agents.
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
A person who has received a general tester certification
proving satisfactory completion of a training course for testers of
backflow and prevention devices which have been approved by the New
York State Health Department.
CONTAINMENT
Cross-connection control which isolates the customer's entire
facility from the public water system so as to provide the protection
necessary to prevent contamination of the public water supply in the
event of backflow from the customer's facility.
CONTAMINATION
The presence in water of a substance that tends to degrade
its quality.
CROSS-CONNECTION
A physical connection through which a water supply could
be contaminated.
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.
INTERCONNECTION
A joining of two independently operated public water supply
distribution systems.
MAIN
A pipe owned by the town used for supplying water to more
than one property.
PERMIT
A permit from the Town Board of the Town of Fenton, New York,
or its duly authorized employees or agents.
REDUCED PRESSURE ZONE (RPZ) DEVICE, ACCEPTABLE
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 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.
Applications for water service must be made
at the office of the Town Clerk, on forms furnished for that purpose,
at least seven days before a service connection is desired and must
be signed by the property owner. The application for water service
shall be accompanied by any fees prescribed by state or local laws
or regulations. In making application for water service, the applicant
must comply with the rules and regulations as hereinafter set forth,
including such revisions, additions and changes thereto which may
be officially adopted from time to time by the Town Board.
The contractor shall provide and maintain all
necessary barricades, lights and warning signs and take all necessary
precautions for the protection and safety of the public.
No person other than the individual appointed
by the Town Board to direct the operation of the water works system
or persons in the employ of the town duly, authorized by and under
the supervision of that individual, shall be permitted to tap or make
any connection with any street main or distribution pipe of the water
system, unless written approval is previously given by the aforementioned
individual. Any other person or persons who shall tap or make any
connection with any street main or distribution pipe without prior
approval will be in violation of this chapter. Water service to the
premises through the connection so made shall be shut off until the
penalty fee and other costs stated above are paid in full.
No person other than duly authorized personnel
of the Water Department or other person who has first obtained permission
so to do shall open, close or operate in any way the curb stop in
the water service line. The owner of the property served by the water
service shall be liable for any costs arising from damages to the
curb stop, service box and/or piping on either side of the curb stop
unless the curb stop is operated by employees or agents of the town
or by a person having permission of the person in charge of the Water
Department.
Any injury or damage to service pipes, street
mains, hydrants, valves, valve boxes or other fittings and devises
and any damage that may be caused by leakage or flow of water occasioned
by such injury caused by the installation or repair or any sewer or
drain line, electrical conduit or cable, telephone conduit or cable
or by any excavation, embankment, paving or other construction operation
shall be repaired at the expense of the contractor doing the work
causing the injury or damage or by the owner of the premises or the
person or corporation for whom such work is being done.
[Added 2-21-2018 by L.L.
No. 1-2018]
A. The use of private wells on any property within any water district
or served by any water district or any other public water system shall
be discontinued, with such wells capped or secured in a manner that
safely ensures against future use or mishap to the general public,
the cost of such to be borne by the landowner.
B. The use of any such private well shall be discontinued, and the well shall be secured as provided in Subsection
A, within 90 days following service by the Town of a notice to comply upon the owner of the property on which the private well is located. The owner shall thereafter promptly provide the Town with a certification that the well has been capped or otherwise secured, and if the latter shall provide the Town with a description of the method of security utilized. The Town may thereafter request access on reasonable notice to inspect the cap or other method of security, and if such access is refused the Town may seek authority to access the property from a court of competent jurisdiction.
C. Should the landowner fail to comply with this section within the time period set forth in Subsection
B, the Town Board may take action to safely cap and secure the well, the cost of which will be billed to the landowner as either a water bill or property tax levy.
D. Failure to comply with this section will be subject to penalties for offenses as defined in §
145-25.
The Water Department shall not be legally required
to supply water to a greater pressure than necessary to deliver water
into the basement of buildings. The Water Department, however, will
make an effort to maintain a pressure sufficient to supply water to
the second floor levels.
The Water Superintendent will not issue any
permits for the use of hydrants unless there is no other possible
way to get water without unreasonable hardship. No permits will be
issued in winter. If the Water Superintendent issues a permit, the
person or persons making application will pay a fee prescribed by
state or local laws or regulations.
All provisions of this chapter apply, modified
as follows:
A. All service connections made to privately owned mains
or common supply pipes must be made in accordance with this chapter,
entirely without expense to the Water District. There shall be no
obligation to provide any applicant outside the Water District with
a new service connection, regardless of precedent, and water can only
be furnished to any user outside the Water District from a surplus
of water existing within the Water District.
B. All privately owned mains or common supply pipes must be valved at their connection with the Water District mains and must conform to the specifications for service connections. Outside users shall pay the rates as established in §
145-24.
Permit and water service rates shall be as prescribed
by state or local laws or regulations.
[Amended 2-7-2018 by L.L.
No. 2-2018]
Any violation of this chapter is hereby declared to be an offense,
punishable by a fine of a minimum of $50 but not to exceed $1,000
or imprisonment for a period not to exceed six months, or both. Each
week's continued violation shall constitute a separate additional
violation, subject to weekly fines in the amount of at least $50 but
not to exceed $1,000 per week. The Town may also, in addition, institute
any appropriate action or proceeding to prevent or enjoin a violation
of this chapter.