[HISTORY: Adopted by the Common Council 1-22-1973 (Ch. A162 of the 1981 Code). Amendments noted where applicable.]
No person shall wade, bathe or deposit any type substance into any reservoir, spring or streams which feed said reservoirs. No person shall tamper with any structure, dam, pipes, valves or any apparatus of the water system. It shall be unlawful to hunt, fish or to trespass upon City watershed property or any property under its care, custody and control. No person shall deposit any garbage or mixed refuse upon said City Water Department lands.
No person shall be allowed to cut or remove trees or timber from said watershed except by authorization of the Common Council. No person or persons shall spray chemicals either by ground or air upon the watershed without approval of the Director of Public Works.
A violation of any of the above provisions shall subject the offender to a fine not exceeding $200 or imprisonment not exceeding one year, or both, as provided in § 1103 of the Public Health Law.
All applications for the use of water or the supply of water must be made in writing at the office of the Water Department, and no water shall be taken from the City mains through any service pipe, fixture or apparatus of any kind whatsoever unless written application for such water service, signed by the owner of the property to be supplied or his agent, shall have first been made to the Department.
No person other than an employee of the Water Department, having been directed to do so, shall tap any City water main or connect any pipe to such main without due authorization from the Director of Public Works. Violators shall be subject to a fine of $50.
An application for water service connection with the City main must be accompanied by a monetary deposit sufficient to cover the estimated cost of the service installation. Such deposit will be applied toward the actual cost of the installation when made, but in no sense shall be considered as full payment for such installation. Upon completion of the work, an itemized bill will be rendered to the applicant. If this amount is in excess of the previous estimate, payment of the balance shall be required. If the bill is for a lesser sum than the deposit, the difference will be refunded at once to the applicant.
Each service pipe shall be provided with a cock or valve of the same nominal size as the pipe, set between the curb and sidewalk and one foot from the curb. It shall be equipped with an iron housing or shaft leading from the same to the level of the sidewalk and having a cover or lid with the word WATER thereon. This shall be known as a "curb box" and is to permit access to the valve for operation with a key or wrench.
In installation of service lines two inches or larger where a gate valve is placed adjacent to the street main for use in tapping the main, this valve shall be equipped with an access box for use as a control valve instead of one placed inside the curb.
Service pipes, including the insertion of the corporation cock in the street main, shall be installed from the main to the curb cock by Water Department employees only. The entire cost of such installation, including all labor, pipe, fittings and restoration of street pavement, shall be borne by the property owner.
Service pipes from the curb cock to a point of use on the owner's premises shall be installed only by a plumber or contractor employed by the owner. The installing party shall notify the Director of Public Works when such piping is in place and pressure-tested so that the Director or his representative may inspect the work before the trench is backfilled. No water use will be permitted until the installation has been approved by the Director.
The Water Department reserves the right to exclusively control service lines within the limits of public streets. The Department does not, however, accept responsibility for the maintenance of such pipes except for the repair of leaks which may occur between the street main and the owner's property lines. Because such breaks usually are a hazard and a nuisance to street traffic, they will be repaired by the Department at its expense unless the pipe shall be deemed by the Director of Public Works to be unrepairable. In this event the property owner shall be notified of the pipe's condition and advised to apply for a replacement, following the same procedure as in making an original application for water service.
All other defects in the service line, such as inadequacy of water pressure, unusable curb box, inoperative curb shutoff cock, etc., shall be corrected at the expense of the property owner.
No plumber, contractor or other person shall conduct water from one service connection into two or more distinctly separate properties without obtaining permission to do so from the Director of Public Works.
Fixtures, including hydrants and sill cocks, for the use of water on sidewalks, except for street washing, will be allowed only upon written permission from the Director of Public Works.
No person, other than employees of the Water Department or of another City department or a City fireman in the course of his regular duty, may open or otherwise tamper with any public fire hydrants. A fine of $25 may be imposed for such a violation.
A contractor or other person desiring to use water from a fire hydrant temporarily must first deposit an amount as provided in Chapter 280, Fees, at the office of the City Clerk-Treasurer and obtain permission from the Director of Public Works for its use, who will prescribe the manner of operation and the hours during which the hydrant may be used.
Persons desiring to make flow tests on private fire hydrants or automatic sprinkler systems connected with the City water mains, in which considerable quantities of water may be discharged, must notify the Director of Public Works, who will advise them when such tests may be made.
Persons using water must at all reasonable hours of the day permit the Director of Public Works or any officer or employee of the Water Department to enter their premises for the purpose of determining the manner in which water is used, inspecting and to install, replace or read meters.
No property owner or tenant shall supply water to other persons or families than those specified in the application for service. If any water is so supplied, the party supplying same shall be liable to pay the regular rates for such persons or families.
All persons taking water will be required to keep their service pipes, stopcocks and fixtures connected therewith in good repair and protected from frost and so arranged and provided with stop-and-waste cocks as to allow the pipes to be drained and kept empty of water during all periods of dangerous exposure to the action of frost.
No continuous flow of water to prevent piping from freezing will be permitted except at special rates and with the written consent of the Director of Public Works.
It shall be the responsibility of the property owner or tenant to provide protection for water meters installed in basements against damage from freezing or the backflow of hot water. Any repairs necessitated by neglect of such responsibility will be charged to the owner's account.
The Water Department reserves the right, at all times, to shut off the water in case of any emergency which may demand it. For the making of routine repairs or new connections not of an emergency nature, due notice will be given all affected consumers as to the time of such shutoff and its probable duration. When so notified, it becomes the consumer's responsibility to act to prepare for his water needs during the service interruption and to prevent any damage to his piping or plumbing fixtures due to lack of pressure, backsiphonage, etc.
For any damages caused to customers' water pipes, plumbing fixtures or hot-water boilers by loss of water pressure due to accidental water main or service line breaks or other failure beyond its control, the Water Department assumes no responsibility.
The installation and location of private hydrants and fountains will be subject to approval by the Water Department. Should waste therefrom become a nuisance or a hazard to adjacent property, the supply will be discontinued until repairs have been made.
None but self-closing water closets, spring-closing urinals, etc., will be permitted. In public buildings this rule will also require the use of self-closing spring faucets.
Due notice in advance of such curtailment will be given, and it shall be understood that the City is not to be liable for any deficiency or failure of the water supply under these circumstances.
Water rents are due and payable at the office of the Water Department on January 1, April 1, July 1 and October 1 of each year for water consumed during the preceding quarter, according to the rates herein specified. Bills or balances thereof not paid within 30 days after the date due shall become subject to a penalty charge of 5% additional and a penalty of 5% for each succeeding month thereafter it remains unpaid.
[Amended 1-13-1986; 12-27-1990]
If bills or balances thereof remain unpaid at the end of three months after having been rendered, the Water Department will at once notify the consumer, in writing, that water service will be suspended. Following a period of 10 days thereafter, water will, without further notice, be shut off, and service will not be restored until all water rents accrued against the property have been paid in full. This will include a charge of $50 for turning off the water and an additional $50 for reestablishing such service. (Under certain conditions in lieu of full payment, a substantial partial payment may be accepted, provided that reasonable assurance is given that the reminder will be promptly paid in frequent periodic installments.)
All uncollectable charges for water will become a lien on the real property and will be added to the owner's City tax bill.
Water rents are chargeable against the premises where the water is used. If requested, in writing, by the owner, bills will be rendered to his agent or tenant, but any delinquency in payments becomes a lien upon the property where the water is used, and the same procedure for collecting unpaid bills as set forth in the foregoing § A615-19 will be used by the Department.
No abatement or deduction shall be allowed for temporary unoccupancy of any unit or metered service.
Any person or persons desiring permanent discontinuance of service must give notice, in writing, to the Water Department. A pro rata bill for the portion of water consumed shall be then submitted to said person or persons. Upon receipt of said payment, water shall then be discontinued. In the event that the same said owner requests the Water Department to resume water service, a flat rate charge of $25 shall be made for such service.
All persons requesting discontinuance of service due to change of ownership must give notice, in writing, to the Water Department. A pro rata bill for the portion of water consumed shall be submitted to said person or persons. Upon receipt of said payment, water shall be discontinued. The new owner of record shall follow the procedure set forth in § A615-2 and shall only pay a turn-on fee of $5.
[Amended 12-19-1979; 12-6-1982; 1-13-1986; 12-22-1986]
All unmetered services shall be charged on a per unit basis of $70 quarterly. (Example: The charge for a two-family house equals two times the unit rate of $70 or $140 quarterly.) All unmetered services outside the City limits incur a surcharge of 40% over the unmetered rate.
[Amended 12-28-1987; 12-27-1993; 12-19-1994; 12-30-1996; 12-29-1997]
Any building which also contains a beauty parlor, doctor's office, dental office, etc., shall be considered an additional unit.
Any unit which is occupied by one person, when said person is also the owner of the premises in which the unit is located, shall be charged at 1/2 the regular quarterly rate, provided that said person registers in the form of an affidavit at the office of the Water Department.
[Amended 1-23-1995 by L.L. No. 1-1995; 9-8-1997 by L.L. No. 6-1997]
Swimming pools. Swimming pools with a capacity in excess of 2,000 gallons shall be charged an annual rate of $32, to be paid via an additional charge of $8 per quarterly billing. Notification of installation of swimming pools must be made at the office of the Water Department. Violators shall be subject to a fine of $50.
[Amended 12-27-1993; 12-19-1994]
For building and construction purposes, unit rates will be charged or regular meter rates may be charged with the consumer paying for the temporary meter installation plus metered rates for consumption as herein stated.
[Amended 1-13-1986; 12-22-1986; 12-27-1993; 12-19-1994; 12-30-1996; 12-29-1997]
For standpipes with attached hoses for fire protection, a ready-to-serve charge of $70 every quarter will be made.
[Amended 1-13-1986; 12-22-1986; 12-27-1993; 12-19-1994; 12-30-1996; 12-29-1997]
For automatic sprinkler services for fire protection, a ready-to-serve charge of $70 every quarter will be made.
The Water Department may install meters on any or all service lines at its option, either on or off the owner's premises. (Property owners must purchase and the Water Department install all meters. Meters will be of the Director of Public Works' approved type and size, and the owners will be required to pay for all repairs and adjustments to such meters.)
Charges for water consumed through meters will be computed according to the rate schedules in § A615-29 of these regulations.
The Water Department may at any time elect to discontinue making charges at meter rates and revert to the regular established unit or fixed rates.
[Amended 12-19-1979; 12-6-1982; 1-13-1986; 12-22-1986; 12-28-1987; 12-27-1993; 12-19-1994; 12-30-1996; 12-29-1997; 1-1-2008; 12-28-2009; 12-9-2013]
The Water Department will fix and adopt rates for the use of water in all cases not specifically covered or provided for in the foregoing rules and regulations.
The Common Council and Water Department shall retain the option of installation of water mains into a subdivision, street or right-of-way which is to be deeded to or transferred to the City, to ensure standardization of components and proper installation.
[Amended 12-19-1979; 12-28-1987; 12-27-1993; 12-19-1994; 12-30-1996; 12-29-1997]
The foregoing rules and regulations and rates for the consumption of water adopted this 29th day of December, 1997, may be amended, special rates and contracts made in all proper cases and additional rules and regulations may be made whenever it is deemed proper to do so.
The foregoing rules and regulations and rates become effective October 1, 1997.
[Added 4-28-2008 by L.L. No. 1-2008]
Legislative intent. The purpose of this section is to safeguard the potable water supply from potential contamination by preventing backflow from a water user's system into the public water system and to comply with the requirements of the New York State Sanitary Code, 10 New York Code of Rules and Regulations, Part 5, § 5-131. This is to be accomplished by:
Requiring an approved air gap, reduced pressure zone device, double check valve assembly or equivalent protective device consistent with the degree of hazard posed by any service connection;
Requiring the users of such connections to submit plans for the installation of protective devices to the Director of Public Works and the Orange County Department of Health and/or New York State Department of Health for approval; and
Assuring that all protective devices be tested at least annually, records of which shall be submitted by the property owner to and maintained by the Director of Public Works.
Backflow prevention devices required.
All nonresidential users of the public water system and all residential users of the public water system having an auxiliary water supply, including but not limited to a private well, lawn sprinklers or an irrigation system, shall be required to comply with this section.
Any installation, service, maintenance, testing, repair or modification of a backflow prevention device shall be performed in accordance with the requirements of the City of Port Jervis and the New York State Plumbing Code. For purposes of this section, a backflow prevention device is an approved air gap, reduced pressure zone device, double check valve assembly or equivalent protection device designed to prevent potential contamination of a public water system.
Backflow prevention devices conforming to the most current requirements of the New York State Department of Health and the Orange County Department of Health shall be installed by the owner of those systems pursuant to the rules of those departments in force at the time of the installation.
A certificate of occupancy shall not be issued by the Building Inspector for a new or modified/renovated/rehabilitated structure having a system classified by the Department of Health or determined by the Building Inspector as hazardous, unless a backflow prevention device has been installed and approved pursuant to this section and Department of Health requirements.
The cost to install a backflow prevention device shall be borne by the owner of the property.
The Director of Public Works or designee shall make a determination as to whether a property owner requires a backflow prevention device and the type of device in accordance with this section and the New York State Department of Health and the Orange County Department of Health requirements and regulations.
Upgrade of preexisting systems required. Any preexisting system that does not contain a backflow prevention device shall be upgraded so as to comply with the current requirements of this section and/or the New York State Department of Health and the Orange County Department of Health within 120 days following the service of notice by certified mail to install said device.
Determination of type of backflow protection device.
The Director of Public Works or designee shall determine the type of device required for each property and facility. In making this determination, the Director of Public Works shall utilize the "Sample List of Facilities Requiring Backflow Prevention," prepared by the Department of Health, and, if necessary, shall consult with the Orange County Department of Health.
Cross-connection control by facility type.
The types of facilities which shall require installation of an approved reduced pressure zone (RPZ) or air gap in the service connection to the public water distribution system include, but are not limited to:
Sewage and industrial wastewater treatment plants and pumping stations, sewer flushers;
Paper manufacturing or processing, dye plants, petroleum processing, printing plants, chemical manufacturing or processing, industrial fluid systems, steam generation, rubber processing, tanneries;
Canneries, breweries, food processing, milk processing, ice manufacturing, meat packers, poultry processing, rendering companies;
Hospitals, clinics, laboratories, veterinary hospitals, mortuaries, embalmers;
Metal plating, photo processing, laundries, commercial car washes, commercial refrigeration systems, dry-cleaning establishments;
Commercial greenhouses, spraying and irrigation systems using weedicides, herbicides and exterminators;
Boiler systems, cooling towers or internal fire-fighting systems using conditioners, inhibitors and corrosion-control chemicals;
Residential units with lawn and irrigation systems with chemical injection.
The type of facilities which shall require installation of an approved double check valve in the service connection of the public water distribution system include, but are not limited to;
Customer fire protection loops and fire storage tanks with no chemical additives;
High-temperature potable water;
Utilization of food-grade dyes;
Complex plumbing systems in commercial buildings, such as, but not limited to, beauty salons, churches, apartment buildings, gas stations, supermarkets, nursing homes, construction sites and carnivals;
Residential units with lawn and irrigation systems.
The above lists are not all-inclusive. The type of backflow prevention device required for each facility shall be determined by the Director of Public Works or designee as set forth above.
Testing; owner liability for costs. The testing of backflow prevention devices shall be performed on an annual basis by the owner of any system requiring same, and the cost of such testing shall borne by the owner of the system. The testing procedures shall conform to the requirements of the New York State Department of Health and Orange County Department of Health. Test results shall be submitted to the Director of Public Works.
Department of Health requirements. The Building Inspector shall enforce this section and the cross-connection and backflow protection requirements, specifications, guidelines and facilities classifications of the New York State Department of Health and the Orange County Department of Health. Specifications, guidelines, facilities, classifications and other administrative requirements and information which shall be used to implement the requirements shall be on file in the Building Inspector's office.
Penalties for offenses. In addition to, and not in lieu of, any other penalty set forth in this chapter, any person who violates any provision of this section shall be subjected to a fine not to exceed $250 for each day the violation continues after notice by the Building Inspector. In addition, the service of water to any premises may be discontinued by the City if backflow prevention devices required by this section or regulations adopted pursuant thereto, are not installed, tested and maintained; if any defects are found in an installed backflow prevention device; if it is found that the backflow prevention device has been removed or bypassed; or if an unprotected cross connection exists on the premises, and water service shall not be restored until such condition or defect is corrected.