These rules, regulations and rates shall be a part of the contract with any person, firm or corporation which is supplied with water or whose property is supplied with water by the Village of Palmyra, and every such person, firm or corporation taking water, or whose property is supplied with water, shall be bound thereby.
[HISTORY: Adopted by the Board of Trustees of the Village of Palmyra as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-9-1955[1]]
[1]
Editor's Note: This legislation was published 8-18-1955, posted 8-18-1995 and became effective 9-1-1955.
[Amended 11-17-2003 by L.L. No. 2-2003]
All applications for the use of water must be made in writing on a form which will be provided, and shall be left with the Clerk of the Village of Palmyra for processing, together with the cost of the application fee. Each application shall be subscribed by the owner or owners of the premises for which the use of water is sought, which shall import a covenant and agreement on the part of the applicant or applicants and his or their successors, in interest in the ownership of the premises to be bound by and to comply with in all respects the provisions of these rules and regulations and any amendments thereof and to pay the rates and charges herein established, which schedule of rates and charges is set from time to time by resolution of the Board of Trustees.
The Village of Palmyra will endeavor to use reasonable care and diligence to provide at all times an adequate supply of water at adequate pressure, but assumes no liability for the failure so to do. The right is reserved to shut off the water temporarily for the purpose of making repairs, changes, tests or improvements to the water system and to control water use and consumption in any emergency or when there is insufficient water available. In case of a shutdown, reasonable efforts will be made to notify consumers, but no liability will be assumed for failure or inability so to do. Consumers are cautioned to make adequate provisions against collapse or drainage of their boilers because of lack of pressure. All house and other boilers shall be fitted with a suitable check valve to prevent accidents from collapse or damage in case the water is suddenly drawn off from the water mains or pipes.
No person or persons except duly authorized officials and employees of the Village of Palmyra shall do any work or operate the water mains, valves, hydrants, meters, curb boxes or services of the water system, except that members of an organized Fire Department or Fire Company may operate hydrants in the performance of their duties or for a directed drill.
[Amended 1-25-1966; 3-3-1969; 5-10-1972; 11-17-2003 by L.L. No. 2-2003; 10-15-2007 by L.L. No. 1-2007; 12-2-2013 by L.L. No. 4-2013]
A.
The labor and materials for completing the installation of water service from the main to and including the curb box will be furnished by the Village of Palmyra for which a flat charge as set from time to time by resolution of the Board of Trustees will be made, and this amount must be paid when the application for service is filed with the Village Clerk. All costs and expenses incident to the installation of the water line above and beyond the application fee shall be borne by the owner.
B.
The necessary labor and materials for completing the installation from the curb box to the meter shall be furnished and paid for by the applicant for water service. Service pipes shall not be less than 3/4 inch and must be copper tubing, Type K, with swedged joints or polyethylene service line and be placed at least 4 1/2 feet below the surface. The installation and materials must be approved by a duly authorized official or employee of the Village of Palmyra before the trench is backfilled. If any defects in the workmanship or materials are found, or if the consumer's service pipe has not been installed in accordance with the specifications or requirements herein provided, water service will not be turned on until such defects have been remedied, and if water service has been turned on before discovery of such defects, the service may be turned off until the defects are remedied.
C.
The requirements for the use of polyethylene service line are as follows:
(1)
Approved service line materials, one inch to two inches:
(a)
High-density polyethylene tubing classified as PE 3308 or PE 3408 with 200 psi pressure rating. This material should be the same OD as copper or be stamped CTS (copper tubing size).
(2)
Polyethylene service line shall not be used within the road right-of-way between the corporation stop and the curb stop unless the length exceeds the available coil length for a copper water service.
(3)
All polyethylene water services shall be installed with No. 10 gauge tracer wire and metallic tracer tape. The tape should have "Caution Buried Water Line Below" printed continually along it. Tape should be installed under the supervision of a Village of Palmyra representative or his or her agent.
D.
Service connections will be made within a reasonable time after the filing and approval of the application for service, but the Village of Palmyra reserves the right to make service connections only during the period from April 1 to November 1 in any calendar year.
The Village of Palmyra shall at all times remain the owner of all equipment from the water main to the property line or curb stop and curb box, and this equipment shall be maintained by the Village of Palmyra and may be removed or changed by it at any time.
Meters shall be installed in all water services. Meters will be furnished and set in position by the Village of Palmyra and rented to the owner of the premises, but title to all meters so furnished shall remain in the Village of Palmyra. A rental charge in accordance with the scheduled rates and charges as herein established will be charged, except where the water service pipe is larger than one inch, the meter must be paid for and owned by the water consumer, and such meter must be approved by the Board of Trustees of the Village of Palmyra. Whenever a meter is to be installed a suitable place must be provided by the owner of the premises and must be in a place free from frost, accessible at all times and properly safeguarded. If it is possible to place the meter where it will be free from frost, a suitable boxing must be built and the meter packed to prevent freezing at the expense of the property owner. No person except a duly authorized official, employee or agent of the Village of Palmyra shall open, change, tamper with or otherwise disturb any water meter lawfully connected with the Village water system. The cost of repairing any damage which may be sustained to a meter resulting from carelessness of the owner, tenant, agent or employee or occupant of the premises, or from neglect of either or any of them properly to protect such meter, as well as any damage which may result from allowing such meter to become frozen, burned, injured or damaged by hot water or steam, shall be paid to the Village of Palmyra on demand. Whenever an owner of premises shall fail to comply, or shall fail to procure compliance by a tenant or other occupant of the premises, with the provisions of this section, the Village of Palmyra in addition to all other penalties provided may discontinue supplying water to the premises, without notice, and may, in addition, provide at the expense of the owner a meter vault and meter at the curbline or other convenient location between the water main and the buildings on the said premises.
A.
A separate application must be made and a separate water meter must be installed for each premises, and the owner of each premises shall be required to pay a separate and full scale of water rates and meter rental for each separate use of water on his premises, separate use being supplied for:
(1)
A single dwelling occupied by members of a single family or household sharing common bathing, washing and sanitary facilities; or
(2)
Any separate dwelling unit in a single structure occupied by a single family or household sharing common bathing, washing and sanitary facilities, to the exclusion of other occupants of the same structure; or
(3)
Any portion of any premises occupied by a separate business or other enterprise, using and maintaining any water facilities to the practical exclusion of any other occupant of the same premises.
B.
Where a property owner or consumer in order to comply with the foregoing provisions of this section will be put to undue expense or hardship in changing and installing new piping or equipment, the Board of Trustees may waive compliance as to separate meters, but the owner of such property will be required in any event to pay a quarterly minimum bill which shall be the minimum quarterly charge established from time to time by resolution of the Board of Trustees for a single unit or dwelling times the number of users determined by the foregoing provisions of this section.
[Amended 11-17-2003 by L.L. No. 2-2003]
C.
No connection shall be made to any service for the benefit of any other residence, family, business or establishment nor shall any submetering of water be allowed. At no time shall there be any physical connection between a water system or source of supply on the premises and the water system of the Village of Palmyra or any pipe carrying water from the Village system, nor shall there be any connection or taps between the meter and the water main.
[Amended 5-10-1972]
In the event service to any consumer is impeded due to freezing of water in the supply pipe connection, the curb box and the building to which water service is furnished, the consumer, if he desires to have such pipe thawed out by the Village of Palmyra, shall make written application for such service and file the same with the Village Clerk and pay to the Village Clerk a sum as set from time to time by resolution of the Board of Trustees, which said sum is hereby determined to be a fair and reasonable charge for such service. When such application is made and the above charge paid to the Village Clerk, the Village of Palmyra will as soon as reasonably possible cause the ice in the pipe to be thawed so that water will run through the same.
The Village of Palmyra will not be liable for any damage from leakage of service pipes, fixtures or equipment in or upon the premises of any consumer of water. The Village of Palmyra reserves the right to shut off water service in the event any owner or consumer fails, neglects or refuses to promptly repair the service pipe if a leak develops between the curb box and the meter, and service will not be restored until the service pipe is repaired to the satisfaction of the Village of Palmyra.
A member of the Board of Trustees of the Village of Palmyra and any official or employee of the Village of Palmyra may, at any time, enter any building or upon any premises where water service is furnished by the Village of Palmyra for the purpose of making any examination of the pipes, fixtures, equipment or meter.
In the event a meter becomes out of order, requiring that the same be removed for repairs or adjustment, the consumer will be charged the estimated amount of water used.
[Amended 5-10-1972]
Any consumer making complaint as to the correctness of a meter and claiming to be overcharged may apply in writing to the Village Clerk within 15 days after the bill is rendered, deposit a sum in an amount as set from time to time by resolution of the Board of Trustees and request the meter to be tested. If the meter is found to be correct or to underregister the amount of water, such deposit will be retained by the Village of Palmyra in payment of the testing charge. Should the meter be found to overregister the amount of water, the deposit will be returned and proper correction made in the bill for the quarter the bill covers only. The Village Clerk or water cashier are each authorized to correct any bill so shown to be incorrect due to an incorrect reading of the meter or to a fault in the meter, but for no other reason.
[Amended 5-10-1972; 8-28-1972; 2-15-1999 by L.L. No. 1-1999; 2-15-2010 by L.L. No. 1-2010]
A.
Charges for water supplies in each quarter year shall be due and payable on the first day of March, June, September and December in each year for the preceding quarter, and shall be payable in full without discount or reduction of any kind. There shall be added to any charges remaining unpaid after 45 days from having been billed a penalty of 10% of the amount due and unpaid, and, if such bill is not paid within 45 days from its due date, the supply shall be cut off without notice, and thereafter service will not be restored unless and until all charges and penalties have been paid in full.
B.
In the event of shutoff for unpaid water bills, there shall be an administrative fee imposed by the Village of $20 for shutoff and $20 for turn-on of the water supply. This penalty may be modified from time to time by resolution of the Village Board.
C.
Unpaid water supply charges and/or penalties due may be included in the Village tax levy, accounted for and collected pursuant to Article 11 of the New York State Village Law.
[Amended 5-10-1972; 10-3-1983 by L.L. No. 4-1983; 11-17-2003 by L.L. No. 2-2003]
A.
For consumers within the Village of Palmyra, the rates and charges for water shall be, and the same hereby are fixed and established, as set from time to time by resolution of the Board of Trustees.
B.
For all water meters owned by the Village of Palmyra and furnished to consumers either within or without the Village of Palmyra, there shall be a quarterly charge as set from time to time by resolution of the Board of Trustees, which shall be added to the quarterly bill rendered consumers.
C.
The water rates for all consumers outside of the Village of Palmyra shall be 1 1/2 times the rates for consumers within the Village of Palmyra, unless such consumers are in an organized water district when the rates fixed by contract shall prevail.
D.
The rate for water when sold in tank lots, and the minimum charge per tank, shall be as set from time to time by resolution of the Board of Trustees.
A.
The Village of Palmyra reserves the right to refuse to supply water service to any applicant or consumer unless such service is to be furnished to a permanent residence or dwelling, including trailers erected on a permanent foundation and with toilet facilities connected with a septic tank and drainage facilities approved by the Board of Trustees or Health Officer of the Village of Palmyra.
B.
The Board of Trustees reserves the right to make a flat charge as set from time to time by resolution of the Board of Trustees to be added to the regular quarterly bill if a consumer fails, neglects or refuses to provide or arrange for access to the meter during the regular hours of employment of Village employees for the purpose of reading or inspecting the same after written notice to the consumer of the date and time when said meter will be read or inspected.
[Amended 5-10-1972]
[Adopted 5-16-2005 by L.L. No. 5-2005]
The purpose of this article is:
A.
To protect the public potable water supply served by the Village of Palmyra Water Department from the possibility of contamination or pollution by isolating, within its customers internal distribution system, such contaminants or pollutants which could backflow or back-siphon into the public water system.
B.
To promote the elimination or control of existing cross-connections, actual or potential, between its customers in-plant potable water system, and nonpotable systems.
C.
To provide for the maintenance of a continuing program of cross-connection control which will effectively prevent the contamination or pollution of all potable water systems by cross-connection.
This article is enacted pursuant to:
A.
The Federal Safe Drinking Water Act of 1974 and the statutes of the State of New York. The water purveyor has the primary responsibility for preventing water from unapproved sources, or any other substances, from entering the public potable water system.
B.
The Village of Palmyra Water Department Rules and Regulations, as adopted.
The Village Board shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or back-siphonage of contaminants or pollutants through the water service connection. If, in the judgment of the Village Board, an approved backflow device is required at the Village's water service connection to any customer's premises, the Board, or its delegated agent, shall give notice in writing to said customer to install an approved backflow prevention device at each service connection to his premises. The customer shall, within 90 days, install such approved device or devices at his own expense, and failure to install said device or devices within 90 days shall constitute a ground for discontinuing water service to the premises until such device or devices have been properly installed.
As used in this article, the following terms shall have the meanings indicated:
Accepted by the Director of Municipal Services as meeting an applicable specification stated or cited in this regulation or as suitable for the proposed use.
Any water supply on or available to the premises other than the purveyor's approved public potable water supply.
The flow of water or other liquids, mixtures or substances, under positive or reduced pressure in the distribution pipes of a potable water supply from any source other than its intended source.
A device or means designated to prevent backflow or back-siphonage; most commonly categorized as air gap, reduced-pressure-principle device, double-check-valve assembly, pressure vacuum breaker, atmospheric vacuum breaker, hose bibb vacuum breaker, residential dual check, double check with intermediate atmospheric vent, and barometric loop.
AIR GAPA physical separation sufficient to prevent backflow between the free-flowing discharge end of the potable water system and any other system; physically defined as a distance equal to twice the diameter of the supply side pipe diameter but never less than one inch.
ATMOSPHERIC VACUUM BREAKERA device which prevents back-siphonage by creating an atomospheric vent when there is either a negative pressure or subatmospheric pressure in a water system.
BAROMETRIC LOOPA fabricated piping arrangement rising at least 35 feet at its topmost point above he highest fixture it supplies. It is utilized in water supply systems to protect against back-siphonage.
DOUBLE-CHECK-VALVE ASSEMBLYAn assembly of two independently operating spring-loaded check valves with tightly closing shutoff valves on each side of the check valves, plus properly located test cocks for the testing of each check valve.
DOUBLE-CHECK-VALVE WITH INTERMEDIATE ATMOSPHERIC VENTA device having two spring-loaded check valves separated by an atomospheric vent chamber.
HOSE BIBB VACUUM BREAKERA device which is permanently attached to a hose bibb and which acts as an atmospheric vacuum breaker.
PRESSURE VACUUM BREAKERA device containing one or two independently operated spring-loaded check valves and an independently operated spring-loaded air inlet valve located on the discharge side of the check or checks; device includes tightly closing shutoff valves on each side of the check valves and properly located test cocks for the testing of the check valve(s).
REDUCED-PRESSURE-PRINCIPLE BACKFLOW PREVENTERAn assembly consisting of two independently operating approved check valves with an automatically operating differential relief valve located between the two check valves, tightly closing shutoff valves on each side of the check valves, plus properly located test cocks for the testing of the check valves and the relief valve.
RESIDENTIAL DUAL CHECKAn assembly of two spring-loaded, independently operating check valves without tightly closing shutoff valves and test cocks; generally employed immediately downstream of the water meter to act as a containment device.
A condition in which the owner's system pressure is greater than the supplier's system pressure.
The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.
The New York State Department of Health.
A method of backflow prevention which requires a backflow prevention preventer at the water service entrance.
A substance that will impair the quality of the water to a degree that it creates a serious health hazard to the public leading to poisoning or the spread of disease.
Any actual or potential connection between the public water supply and a source of contamination or pollution.
Village of Palmyra Water Department.
The Director, or his delegated representative in charge of the Village of Palmyra Department of Municipal Services, is invested with the authority and responsibility for the implementation of a cross-connection control program and for the enforcement of the provisions of the article.
A method of backflow prevention in which a backflow preventer is located to correct a cross-connection in an in-plant location rather than at a water service entrance.
Any person who has legal title to, or license to operate or habitat in, a property upon which a cross-connection inspection is to be made or upon which a cross-connection is present.
A document issued by the Department which allows the use of a backflow preventer.
Any individual, partnership, company, public or private corporation, political subdivision, or agency of the State Department, agency or instrumentality of the United States or any other legal entity.
A foreign substance, that if permitted to get into the public water system, will degrade its quality so as to constitute a moderate hazard, or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably effect such water for domestic use.
That point in the owner's water system beyond the sanitary control of the District; generally considered to be the outlet end of the water meter and always before any unprotected branch.
A.
The Department will operate a cross-connection control program, to include the keeping of necessary records, which fulfills the requirements of the Commission's cross-connection regulations and is approved by the Commission.
B.
The owner shall allow his property to be inspected for possible cross-connections and shall follow the provisions of the Department's program and the Commission's regulations if a cross-connection is permitted.
C.
If the Department requires that the public supply be protected by containment, the owner shall be responsible for water quality beyond the outlet end of the containment. He may utilize public health officials or personnel from the Department, or their delegated representatives, to assist him in the survey of his facilities and to assist him in the selection of proper fixture outlet devices and the proper installation of these devices.
A.
Department.
(1)
On new installations, a professional engineer will provide on-site evaluation and/or inspection of plans in order to determine the type of backflow preventer, if any, that will be required; will issue permit and perform inspection and testing. In any case, a minimum of a dual check valve will be required in any new construction. All plans must be approved by the New York State Department of Health.
(2)
For premises existing prior to the start of this program, a professional engineer will perform evaluations and inspections of plans and/or premises and inform the owner by letter of any corrective action deemed necessary, the method of achieving the correction, and the time allowed for the correction to be made. Ordinarily, 90 days will be allowed; however, this time period may be shortened depending upon the degree of hazard involved and the history of the device(s) in question.
(3)
The Department will not allow any cross-connection to remain unless it is protected by an approved backflow preventer for which a permit has been issued and which will be regularly tested to insure satisfactory operation.
(4)
The Department shall inform the owner by letter of any failure to comply by the time of the first reinspection. The Department will allow an additional 15 days for the correction. In the event the owner fails to comply with the necessary correction by the time of the second reinspection, the Department will inform the owner by letter that the water service to the owner's premises will be terminated within a period not to exceed five days. In the event that the owner informs the Department of extenuating circumstances as to why the correction has not been made, a time extension may be granted by the Department but in no case will exceed an additional 30 days.
(5)
If the Department determines at any time that a serious threat to the public health exists, the water service will be terminated immediately.
(6)
The Department shall have on file a list of private contractors who are certified New York State backflow device testers. All charges for these tests will be paid by the owner of the building or property.
(7)
The Department will begin initial premises' inspections to determine the nature of existing or potential hazards, following the approval of this program by the Commission, during the calendar year 2005. Initial focus will be on high-hazard industries and commercial premises.
B.
Owner.
(1)
The owner shall be responsible for the elimination or protection of all cross-connections on his premises.
(2)
The owner, after having been informed by a letter from the Department, shall, at his expense, install, maintain and test, or have tested, any and all backflow preventers on his premises.
(3)
The owner shall correct any malfunction of the backflow preventer which is revealed by periodic testing.
(4)
The owner shall inform the Department of any proposed or modified cross-connections and also any existing cross-connections of which the owner is aware but have not been found by the Department.
(5)
The owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Owners who cannot shut down operation for testing of the device(s) must supply additional devices necessary to allow testing to take place.
(6)
The owner shall install backflow preventers in a manner approved by the New York State Department of Health.
(7)
The owner shall install only backflow preventers approved by the Department or the Commission.
(8)
Any owner having a private well or other private water source shall not be permitted to cross connect to the Department's water system.
(9)
In the event the owner installs plumbing to provide potable water for domestic purposes which is on the Department's side of the backflow preventer, such plumbing must have its own backflow preventer installed.
(10)
The owner shall be responsible for the payment of all fees for permits, annual device testing, retesting in the case that the device fails to operate correctly, and second reinspections for noncompliance with Department or Commission requirements.
The Department recognizes the threat to the public water system arising from cross-connections. All threats will be classified by degree of hazard and will require the installation of approved reduced-pressure-principle backflow prevention devices or double check valves.
The Department shall not permit a cross-connection within the public water supply system unless it is considered necessary and that it cannot be eliminated.
A.
Cross-connection permits that are required for each backflow prevention device are obtained from the Department. The fees charged for such permits will be established by resolution of the Village Board.
B.
Permits are nontransferable. Permits are subject to revocation and become immediately revoked if the owner should so change the type of cross-connection or degree of hazard associated with the service.
C.
A permit is not required when fixture isolation is achieved with the utilization of a nontestable backflow preventer.
Any existing backflow preventer shall be allowed by the Department to continue in service unless the degree of hazard is such as to supersede the effectiveness of the present backflow preventer or result in an unreasonable risk to the public health. Where the degree of hazard has increased, as in the case of a residential installation converting to a business establishment, any existing backflow preventer must be upgraded to a reduced-pressure-principle device, or a reduced-pressure-principle device must be installed in the event that no backflow device was present.
A.
Reduced-pressure-principle backflow devices shall be tested and inspected annually.
B.
Periodic testing shall be performed by a New York State certified tester. A copy of the New York State test report also needs to be sent to the Palmyra Water Department, 144 East Main Street, Palmyra, NY, 14522. This testing will be done at the owner's expense.
C.
Any backflow preventer which fails during a periodic test will be repaired or replaced. When repairs are necessary, upon completion of the repair, the device will be retested at the owner's expense to insure correct operation. High-hazard situations will not be allowed to continue unprotected if the backflow preventer fails the test and cannot be repaired immediately. In other situations, a compliance date of not more than 30 days after the test date will be established. The owner is responsible for spare parts, repair tools, or a replacement device. Parallel installation of two devices is an effective means of the owner insuring uninterrupted water service during testing or repair of devices and is strongly recommended when the owner desires such continuity.
The Department strongly recommends that all new retrofit installations of reduced-pressure-principle devices and double-check-valve backflow preventers include the installation of strainers located immediately upstream of the backflow device. The installation of strainers will preclude the fouling of backflow devices due to both foreseen and unforeseen circumstances occurring to the water supply system such as water main repairs, water main breaks, fires, periodic cleaning and flushing of mains, etc. These occurrences may stir up debris within the water main that will cause fouling of backflow devices installed without the benefit of strainers.
[Amended 5-16-2005 by L.L. No. 5-2005]
The Board of Trustees of the Village of Palmyra reserves the right to change, amend, repeal or add to this chapter at any time.