[HISTORY: Adopted by the Town Board of the Town of Somerset 10-16-1984. Amendments
noted where applicable.]
[Amended 9-10-1996 by L.L. No. 2-1996]
The Town Board shall have such powers with respect to improvement
districts as authorized by § 198 of the Town Law.
A.
It is the intention of the Town Board to notify consumers when the
water in the mains is to be shut off, but it is here noted that it
is many times impractical and sometimes impossible to do so.
B.
If the required check valve has been installed and the plumbing is
in the proper condition, no damage can occur from turning the water
in the mains off or on without notice; and the Town Board is not liable
for any damage caused thereby.
C.
Whenever the water is shut off for any reason, the consumer is hereby
advised that all hot-water boilers should be immediately banked and
water content checked often and thoroughly.
D.
Service pipes from the street to buildings should maintain four-foot
minimum trench depth to avoid danger of freezing. Particular care
should be exercised to maintain this minimum when crossing gutters,
drainage ditches or other like depressions.
E.
When property is conveyed, written notice should be given to the
Town Board of said conveyance so that the transfer of ownership may
be noted on the water books and the new owner notified of his accounts.
Territory to which regulations apply shall consist of all lands
within the boundary of the Town of Somerset, excepting only those
lands within the municipal limits of the Village of Barker which are
not served by this water system, and also, all lands outside the Town
of Somerset which are served by this system.
[Amended 9-10-1996 by L.L. No. 2-1996]
As used in this chapter, the following terms shall have the
meanings indicated:
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 the receptacle. The "air gap" shall be at least double the diameter
of the supply pipe or faucet measured vertically above the flood-level
rim of the receptacle but not less than one inch.
Accepted by the New York State Department of Health.
Any water source or system other than the public water supply
that may be available in the building or premises.
The flow of water or other liquids, mixtures or substances
into the distributing pipes of a potable supply of water from any
source or sources other than its intended source. Backsiphonage is
one type of "backflow."
A device or means to prevent backflow.
Backflow resulting from negative pressure in the distributing
pipes of a potable water supply.
The Town Board of the Town of Somerset, Niagara County, or
its duly authorized representative.
A person who is examined annually by the water district and
found competent in the testing of backflow prevention devices. Said
person shall be provided with an appropriate identification card,
renewable annually. Failure to perform duties competently and conscientiously
will result in expeditious withdrawal of certification. Said person
is one who has taken and successfully completed a backflow prevention
course approved by New York State Health Department.
A self-closing device which is designed to permit the flow
of fluids in one direction and to close if there is a reversal of
flow.
The person or corporation to be served or the authorized
agent of such person or corporation.
See "pollution."
Any physical connection between a potable water supply and
any waste pipe, soil pipe, sewer, drain or any unapproved source or
system. Furthermore, it is any potable water supply outlet which is
submerged or can be submerged in wastewater and/or any other source
of contamination. See "backflow" and "backsiphonage."
All water districts within the Town of Somerset, Niagara
County, New York.
An assembly of at least two independently acting acceptable
check valves, including tightly closing shutoff valves located at
each end of the assembly with suitable connections for testing the
water tightness of each check valve.
Any conditions, devices or practices in the water supply
system and its operation which create or, in the judgment of the Somerset
Water District, may create a danger to the health and well-being of
the water consumer. An example of a "health hazard" is a structural
defect in the water supply system, whether of location, design or
construction, that regularly or occasionally may prevent satisfactory
purification of the water supply or cause it to be polluted from extraneous
sources.
The persons or corporations owning the property to be served
or the authorized agent of such persons or corporations.
The presence of any foreign substances (organic, inorganic,
radiological or biological) in water that tend to degrade its quality
so as to constitute a hazard or impair the usefulness of the water.
An assembly of two independently acting acceptable check
valves, together with an automatically operating pressure-differential
relief valve between the two check valves. The assembly shall include
tightly closing shutoff valves located at each end of the assembly
and suitable connections for testing the watertightness of each valve.
The Superintendent of Water, Sewers and Grounds for the Somerset
Water District, who is a duly authorized representative of the Board,
or his authorized representative.
The receiving, nonpressure vessel forming part of the air-gap
separation between a potable and an auxiliary supply.
Water that is not safe for human consumption or that is of
questionable potability.
Water free from impurities in amounts sufficient to cause
disease or harmful physiological effects. Its bacteriological and
chemical quality shall conform to the requirements of the Niagara
County Health Department and Part 5 of the New York State Sanitary
Code.
A.
Application for service shall be made by the owner in writing, on
blanks provided by the Superintendent or his authorized representative.
Such application shall be made not later than one week previous to
the time of the beginning of such service and shall contain such information
as the Board may require.
B.
No person or corporation shall make any connection or opening into
a public water main, except upon written authorization of the Superintendent.
All connections to water mains, including service-line work and excavation
within public rights-of-way, shall be done by the district or its
authorized representatives, including all excavation around or near
public water mains.
A.
Approval by Superintendent. No water main shall be tapped nor any
service connection made, laid or covered, except in the presence of
the Superintendent or his authorized representatives and then only
after he shall have approved all work and materials and authorized
the making of such tap and the connecting and covering of it. All
lines covered without the approval of Superintendent or authorized
representative will be uncovered at the owner's expense.
B.
Replacement of existing services. Any existing services which require
replacement because of leaks, at any time, shall be replaced with
acceptable materials in accordance with these rules and regulations.
C.
Connection. No person, except an authorized district representative,
shall turn the water on or off at any connection to the water main.
Water will be turned on by the Superintendent or his authorized representative
to test the pipes before they are covered and immediately turned off
until final approval of the completed service installation.
A.
Taps and connections shall be 3/4 inch and shall be carried full
size from the water main to the meter, except that larger services
may be permitted where proper application is made in writing to the
Board where need for such service is proven and where water main size
is adequate. Where larger than 3/4 inch is required, the owner shall
pay to the Board an installation fee, in addition to those hereinafter
described, which will fully compensate the district for the cost of
the larger service desired.
B.
Service pipe.
[Amended 7-10-2007 by L.L. No. 1-2007]
(1)
Service pipe two inches or smaller shall be domestic-made Type K
copper tubing. No underground joints will be permitted except where
distances are greater than the lengths available from the manufacturer.
In this case, a minimum number of joints will be permitted.
(2)
Service pipe three inches and larger shall be cement-lined cast-iron
Tyton-joint pipe or AWWA C-900 polyvinyl chloride pipe with push-tight
joints.
(3)
All pipe shall meet all requirements for a working pressure of 150
pounds per square inch. All service pipe shall be laid in a trench
not less than four feet below the surface of the earth.
(4)
At the option of the homeowner, polyethylene (PE) service pipe may
be provided, as required, in sizes over 3/4 inch through two inches
in diameter. Service shall be copper tube size (CTS) polyethylene
tubing and have an outside diameter based dimension ration (DR) to
9 with PE 3408 material and a pressure of 200 pounds per square inch,
in accordance with AWWA specifications C901 (latest revision). Tracer
wire, for polyethylene service tubing, shall be #14, solid copper
conductor with thirty-mil polyethylene insulation, color blue, as
manufactured by Kris-Tech Wire Co., Inc., or acceptable equivalent.
C.
Connections from the water main to and including the curb stop and
box will be made by the district at a charge to the owner at the prevailing
rate as listed in these regulations.
D.
Permission will not be granted to supply more than one consumer from
a single tap unless a separate shutoff cock is provided for each such
building, and if located on the premises, a perpetual right-of-way
must be granted to the Board by the owners.
E.
When premises are occupied by more than one consumer, a meter must
be installed for each consumer, unless the owner contracts with the
Board for the water for the building.
F.
No installation shall be permitted which has any connections, direct
or indirect, with any public or private pumping and/or distribution
system or source not fully approved by the New York State Department
of Health, regardless of how it is valved or piped. Health Department
approved air breaks must be employed in supply tanks, vats or other
apparatus which contain liquids, chemicals or other matter which could
in any way endanger the water supply if it were drawn back into the
district mains.
G.
A double check valve, acceptable to the Superintendent and installed
by the owner, in all household lines immediately after the meter is
mandatory for all new installations and upon sale of property. Installation
of a double check valve is recommended to all previous consumers.
It is also the policy of the district to recommend pressure-reducing
valves and expansion tanks on all installations.
[Amended 3-11-2003 by L.L. No. 2-2003]
H.
All services installed shall be accomplished by a duly qualified
person approved by the Superintendent.
Temporary service connections shall consist of but shall not
be limited to the service of water to a premises or property upon
which no permanent structure is or has been erected. Except as otherwise
directed by the Board or as set forth herein, all requirements for
permanent service shall apply to temporary service.
A.
All water for domestic, commercial and industrial purposes shall
be metered. Meters shall be signed for by the owner, or his duly authorized
agent, for whose premises the water is to be used. No charge shall
be made for water for fire purposes taken from district-owned hydrants.
Each sprinkler-system or private-hydrant installation must be submitted
to the Board for review and approval prior to the connection to the
supply main. The decision, thereafter, will be made by the Board as
to whether meters will be required for the service and use requested.
B.
Meters for water used for the purposes of spraying, irrigation and
uses related to the growing only of commodities for human and animal
consumption may be available from the district. If the consumer owns
an approved meter for these purposes, it may be utilized upon proper
application to the Superintendent.
C.
When water is desired and after the service from the main has been
installed and approved, the owner shall pay the current meter installation
and maintenance charge. Payment of the required sum does not carry
with it ownership of the meter, which remains forever the property
of the district. In the event that the owner desires to discontinue
use of water, he may request removal of the meter by the district
at no charge to the owner.
D.
All meters will be maintained by and at the expense of the district
insofar as ordinary wear and tear are concerned, but the owner will
be held responsible for damage due to freezing, hot water or other
causes. In case of damage, the district will repair the meter, if
necessary, replacing it with another, the total cost of which shall
be paid by the owner.
E.
The Board reserves the right, at all times, to inspect, test, clean,
repair, remove and replace any meter at any time and to substitute
another meter in its place. In the case of a disputed account involving
the question of accuracy of the meter, such meter will be tested by
the district upon request of the consumer or owner. The current fee
for testing meters shall be paid in advance of the testing. In the
event that the meter so tested is found to have an error in registration
to the prejudice of the consumer in excess of 4% at any rate of flow
within the normal test limits, the fee advance for testing will be
refunded and the bill for the current period adjusted to correct such
excess registration.
F.
The Board reserves the right, at all times, to stipulate the size,
type and make of any and all meters employed within or outside of
the district.
A.
Purpose. The purpose of these regulations is:
(1)
To protect the public water supply against actual or potential cross-connections
by isolation within the premises contamination or pollution that may
occur because of some undiscovered or unauthorized cross-connection
on the premises.
(2)
To eliminate existing connections between drinking water systems
and other sources of water that are not approved as safe and potable
for human consumption.
(3)
To eliminate cross-connections between drinking water systems and
other sources of water that are not approved as safe and potable for
human consumption.
(4)
To prevent the making of cross-connections in the future.
B.
Protection of public water system at service connection.
(1)
Where protection is required.
(a)
Each service connection from a public water system for supplying
water to premises having an auxiliary water supply shall be protected
against backflow of water from the premises into the public water
system.
(b)
Each service connection from a public water system for supplying
water to premises on which any substance is handled under pressure
in such fashion as to permit entry into the water system shall be
protected against backflow of the water from the premises into the
public system. This shall include the handling of process waters and
waters originating from the public water supply system which have
been subject to deterioration in sanitary quality.
(c)
Each service connection from a public water system for supplying
water to premises on which a substance of unusually toxic concentration
or danger to health is handled in liquid form, even though it is not
under pressure, shall be protected against backflow of the water from
premises into the public water system. Examples are plating factories
using cyanide and hospitals.
(d)
Backflow prevention devices shall be installed on the service
connection to any premises that have actual or potential internal
cross-connections.
(e)
Backflow prevention devices shall be installed on the service
connection to any premises in which the district is not allowed to
fully and completely review all processes within the facility.
C.
Type of protection. The protective device required shall depend on
the degree of hazard as tabulated below:
(1)
At the service connection to any premises on which backflow prevention
is required, the public water supply shall be protected by an approved
check-valve assembly.
[Amended 3-11-2003 by L.L. No. 2-2003]
(2)
At the service connection to any premises on which there is an auxiliary
water supply meeting the New York State drinking water standards,
the public water supply system shall be protected by an approved double-check-valve
assembly.
(3)
At the service connection to any premises on which there is an auxiliary
water supply not meeting the New York State drinking water standards,
the public water supply system shall be protected by an air-gap separation
or an approved reduced-pressure-principle backflow preventer device.
The air gap shall be located as close as practicable to the water
meter, and all piping between the water meter and the surge tank shall
be entirely visible.
(4)
At the service connection to any premises on which any material dangerous
to health or any toxic substance in toxic concentration is or may
be handled under pressure, the public water supply shall be protected
by an air-gap separation. The air gap shall be located as close as
practicable to the water meter, and all piping between the water meter
and surge tank shall be entirely visible. If these conditions cannot
reasonably be met, the public water supply shall be protected with
an approved reduced-pressure-principle backflow prevention device,
provided that the alternative is acceptable to both the district and
the local Health Department.
(5)
At the service connection to any premises on which any material dangerous
to health or any toxic substance in toxic concentration is or may
be handled but not under pressure, the public water supply shall be
protected by an air-gap separation or an approved reduced-pressure-principle
backflow preventer device. The air gap shall be located as close as
practicable to the water meter, and all piping between the water meter
and the surge tank shall be entirely visible.
(6)
At the service connection to any sewage treatment plant or sewage
pumping station, the public water supply shall be protected by an
air-gap separation. The air gap shall be located as close as practicable
to the water meter, and all piping between the water meter and the
surge tank shall be entirely visible. If these conditions cannot be
reasonably met, the public water supply shall be protected with an
approved reduced-pressure-principle backflow prevention device, provided
that this alternative is acceptable to both the Board and the local
Health Department.
(7)
At the service connection to any premises where the Board is not
allowed to fully and completely review all processes within the facility,
the public water supply system shall be protected by an air-gap separation
or an approved reduced-pressure-principle backflow prevention device.
The air gap shall be located as close as practicable to the water
meter, and all piping between the water meter and the surge tank shall
be entirely visible.
D.
Frequency of inspection of protective devices. It shall be the duty
of the water user on any premises on account of which backflow protective
devices are installed to have competent inspections made at least
once a year or more often in those instances where successive inspections
indicate repeated failure. These devices shall be repaired, overhauled
or replaced at the expense of the water user whenever they are found
to be defective. These tests shall be performed by a certified backflow
prevention device tester, and all test results and repairs shall be
delivered to the Board within 72 hours after test is made.
E.
Reasonable interpretation required. These regulations are to be reasonably
interpreted; it is their intent to recognize that there are varying
degrees of hazard and to apply the principle that the degree of protection
shall be commensurate with the degree of hazard.
A.
No person, except the Superintendent or his authorized representative,
shall terminate or restrict service at any connection to or from the
district water system.
B.
The Board reserves the right to shut off the water from or in any
district main or to any service connection, at any time, without notice,
that it is deemed necessary, and the Board shall not be responsible
for any damage that may result therefrom.
C.
Upon detection of a leak in a service line, between the curb stop
and the meter, of any nature prejudicial to the district, the owner,
consumer and/or corporation shall make the necessary repairs to said
service, at no expense to the district, and shall perform the work
in strict accordance with the requirements set forth for a new service.
D.
Upon failure by the owner, consumer and/or corporation to repair
such a leak, the district may, at its option, terminate service five
days following issuance of a notice to repair. The district reserves
the right to enter on any property or premises, at any time, to repair
any leak, break or other damage which, if left unrepaired, would or
could be prejudicial to the district water system. The expense of
such repairs to services shall be at the cost of the consumer while
the expense incurred in repair of district mains and fixtures shall
be borne by the district.
E.
Water may be turned off, at the direction of the Board by the Superintendent,
because of failure of payment by any consumer 60 days after the end
of a period, and a charge of an amount as set forth by resolution
of the Town Board will be made, in addition to the payment of all
bills then in arrears, before the water will again be turned on. All
delinquent charges shall be a lien against the property.
[Amended 9-10-1996 by L.L. No. 2-1996]
A.
Fire. In case of fire or an alarm of fire, all water consumers are
requested to cease the use of water for motors, fountains, sprinkling
and power purposes during such fire, in the interest of keeping up
a strong and effective pressure for fire-protection purposes.
B.
Hydrants.
(1)
No person, except the Superintendent of Water, Sewers and Grounds
or persons acting under his direction or permission, shall open any
fire hydrant or draw water therefrom, except as authorized by the
Superintendent in writing for irrigation water or that the Chiefs
of the Town/Village Fire Departments and their assistants shall be
authorized to draw water as necessary to fight fire. In no case shall
inexperienced or incompetent persons be allowed to manipulate or interfere
with any such hydrants, gates, valves or other fixtures of said district.
[Amended 3-11-2003 by L.L. No. 2-2003]
(2)
Hydrants and shutoff valves approved by the Superintendent will be
installed at the time of construction of all water mains so that each
developed property or premises shall in no case be farther than 600
feet distant from a hydrant, except that no hydrant will be installed
on other than public lands, easements or rights-of-way permanently
owned or controlled by the Board, its successors and assigns.
(3)
Changes in location of existing hydrants will be made, except where
otherwise required by law, at the expense of the owner or consumer
requesting such change in location. All such requests shall be made
in writing to the Board.
(4)
The Board does not guarantee to provide hydrant service to consumers
outside the district or to temporary services within the district.
A.
Any person who shall deface, injure, disturb or interfere with any
machinery, pumps, buildings, trucks, tools, valves, hydrants or any
other part of the district water system will be prosecuted to the
fullest extent of the law.
B.
The penalty for the commission of any of the above offenses is punishable
by fine and imprisonment as set forth in Article 145 of the Penal
Law.
A.
Installation and repair.
(2)
Expenses borne by the owner shall be as follows:
(a)
The cost of all materials and labor for laying and maintaining
the service pipe upon and within his premises from the curb box serving
said property.
(b)
The cost of making taps and installing service line from the
main to the curb stop, inclusive.
(c)
Water rentals and special assessments.
(d)
The cost of installation, repair and testing of meters, except for mechanical defects or natural wear and tear as set forth in § 195-9 of these regulations.
(e)
The cost of installation, repair and testing of backflow prevention
devices.
(f)
The cost of irrigation connections and maintenance thereof as
determined by the Superintendent.
[Added 3-11-2003 by L.L. No. 2-2003]
B.
Water rentals.
(1)
All water rentals will be charged to the owner.
(2)
Water rentals of all kinds
shall become due in January, April, July and October, except in the
case of large industrial or commercial consumers where monthly billing
may be ordered. In all cases where bills remain unpaid for a period
of 60 days after becoming due, the Superintendent may shut off the
water at the curb stop. Any water bill remaining unpaid on October
1 of the year following rendition will be placed upon the first county
tax roll made up after such date. The amount owed, any penalties for
being past due and any other fees imposed shall become a part of the
tax, along with an additional $100 levy fee to recoup Town costs in
processing the unpaid bill for inclusion on the county tax roll, and
shall become due with the same and shall be subject to the same penalties
and interest as such taxes.
[Amended 11-6-2019 by L.L. No. 1-2020]
(3)
Rates for water used by consumers living within the district and
paying taxes therein or their tenants shall be as set forth in Water
Service Classification No. 1.[1] Where payments in lieu of taxes or where other considerations
acceptable to the Board and not prejudicial to the best interests
of the district are arranged for and agreed to by public agencies
or individuals, Water Service Classification No. 1 would apply unless
modified by contract between the district and the owner or agency
involved.
[1]
Editor's Note: Water rates, as may be amended from time to
time by resolution of the Town Board, are on file in the office of
the Town Clerk.
(4)
Rates for water used by consumers owning property within the district
but not subject to payment of taxes or special assessments or by the
occupant thereof or by consumers outside the district or by consumers
qualifying as temporary services within or without the district shall
be set forth in Water Service Classification No. 2,[2] except as otherwise provided for in this section of these
regulations.
[2]
Editor's Note: Water rates, as may be amended from time to
time by resolution of the Town Board, are on file in the office of
the Town Clerk.
(5)
Rates for water used by trailer parks or campsites serviced through
a master meter and where at least one permanent structure exists shall
be set forth in Water Service Classification No. 3.[3]
[3]
Editor's Note: Water rates, as may be amended from time to
time by resolution of the Town Board, are on file in the office of
the Town Clerk.
(6)
Consumers desiring permanent discontinuance of the use of water or
for period in excess of one year may return the meter to the district
and be relieved from further water rental charges. For periods of
temporary discontinuance extending less than one full year, no release
from minimum service charges will be made.
(7)
The Board reserves the right, if need be, to refuse water to anyone
for consumption outside said district.
C.
Cottages and seasonal users. Where it is desired that water service be shut off during cold weather, the Superintendent, upon written request of the owner, will disconnect and dewater the meter and shut off the service at no charge to the owner. The Superintendent will reconnect the meter and reopen the service at no charge to the owner, upon his request. In the event that no notice is given, it will be expected that the owner will continue to protect the meter and piping from damage from freezing throughout the winter months, and failure to do this shall be charged against the owner as set forth in § 195-9.
D.
Special district assessments.
(1)
Indirect benefit. A special assessment shall be laid against the
assessed valuation, including exemptions, public service and public
franchise, to all properties within the Town of Somerset, with the
exception of those properties within the limits of the Village of
Barker to provide for the indirect benefits enjoyed by all properties
because of the existence of said District. The Board reserves the
right to set and from time to time adjust the rate of this indirect
benefit assessment according to the best interest of the Town of Somerset
Water District.
(2)
Direct benefit. In addition to the assessment set forth in Subsection D(1) above, a special assessment shall be laid against the assessed valuation, including exemptions, public service and special franchise, of properties abutting water mains or not abutting but receiving water therefrom to provide for the direct benefits enjoyed because of the existence of water service. The Board reserves the right to set and from time to time adjust the rate of this direct benefit assessment according to the best interests of the Town of Somerset Water District.
A.
The Board reserves the right to accept or reject any or all applications
for main extensions in maintaining the best interests of the district.
B.
Application for extension by taxpayer petition.
(1)
The Board will review any petition for main extensions if and when
a petition is duly presented to the Board which contains the legal
signatures of owners along the route of the proposed extension. Said
petition shall represent more than 50% of the owners and assessment
thus affected.
(2)
Said extension shall include all necessary construction from existing
district mains to and including the property or premises of all owners
signing said petition. Where rights-of-way are necessary, the petitioners
will be required to exhibit proof that the same will be provided to
the district by deed or easement in perpetuity.
(3)
The Board, through its engineers, will be the sole judge as to location,
size, type and make of all materials and/or work thus performed as
to the acceptance or rejection of said petition.
C.
Application for extension by contractors.
(1)
The Board will review any application duly presented in writing by
a responsible party, such as but not limited to real estate developers,
builders, building contractors or corporations, both public and private,
which shall show a proposed development.
(2)
The owner, in making such application, shall agree to provide all
easements, rights-of-way and proof of ownership in full accordance
with all Town laws and ordinances and with all conditions herein set
forth. The owner, in making his application, shall provide, at his
own expense, all maps, plans and the like necessary to clearly indicate
the proposed extensions.
(3)
No main extension will be approved by the Board until the land is
owned or controlled forever by the Board, its successors and assigns.
(4)
Prior to construction of said extension, the Board, upon approval
of the extension, will direct its engineer to prepare construction
plans and specifications and submit, to the Board, an estimate for
the work. The owner shall pay to the Board, on behalf of the district,
the full amount of the estimated cost of construction, to be adjusted
after construction has been completed to the exact amount expended
in the extensions. Thereafter, the owner shall be repaid personally
by the Board, without interest, in direct proportion to the existing
and permanently developed assessed valuation abutting or directly
benefited by the extension until the required assessed valuation has
reached sufficient value to repay the cost of the construction, at
which time the entire cost without interest shall be returned. The
aggregate total repaid to the owner shall not exceed the total of
the original cost.
(5)
All real property benefited by the extension shall become immediately
assessable as directly benefited properties under the tax structures
set up by the Board on behalf of the district.
(6)
If a period of 10 years shall elapse before the necessary assessed
valuation shall have been developed, then the outstanding amount shall
cease to be repayable and shall become the property of the district.
D.
Application for extension by guaranteed-income contract.
(1)
The Board will review any application duly presented, in writing,
by a responsible party, such as but not limited to military installations
or state or federal parks, which shall agree to pay a guaranteed minimum
annual revenue in lieu of taxes, in addition to all other charges
set forth in these rules and regulations, of sufficient amount to
compensate the district for its expenses in financing the extension
proposed. The owner shall also contract for said water for a period
of time to be determined by the Board.
(2)
The owner, in making such application, shall agree to provide all
needed easements, rights-of-way and proof of ownership in full accordance
with all Town laws and ordinances and in full accordance with all
conditions herein set forth and shall provide, at the owner's expense,
all maps, plans and the like necessary to perform the proposed extension.
(3)
No main extensions will be approved by the Board until the land is
owned and controlled forever by the Board, its successors and assigns.
(4)
The Board reserves the right to determine location, size, type and
make of all materials and labor so employed.
A.
The district undertakes to use reasonable care and diligence to provide
a constant supply of water at a reasonable pressure to all consumers
but reserves the right, at any time, without notice, to shut off the
water in its mains for purpose of making repairs and/or extensions
or for any other purpose, and it is expressly agreed that the Board
and the district shall not be liable for a variation, deficiency or
failure in the supply of water or the pressure thereof for any cause
whatsoever nor for any damage caused thereby, or by the breaking or
bursting of any main or service pipe or any attachment to the district
system. All consumers having boilers upon their premises which are
dependent upon the pressure in the district mains are cautioned against
danger of collapse or lack of water, and all such damage shall be
borne exclusively by the consumer as check valves and backflow preventers
are required by the district.
B.
In the interest of public health, the district will not permit its
mains or services to be connected, directly or indirectly, with any
service pipe or piping which is in any way connected to any other
source of water supply not fully approved by the Department of Health
of the State of New York. The district will not permit its mains or
service pipes to be connected in any way, directly or indirectly,
to piping, tanks, vats or other apparatus which contains liquids,
chemicals or other matter which, if allowed to backflow into the district
system, could endanger the water supply.
C.
The district reserves the right, if need be, in periods of drought
or emergency, to restrict the use of water for sprinkling, irrigation
or such uses other than human or animal consumption to particular
hours determined by the Board or to prohibit it entirely.
D.
The Superintendent in his sole discretion may permit connection to
the Town's fire hydrants for irrigation purposes, on application by
the owner of the premises to be irrigated, on the following terms
and conditions:
[Added 3-11-2003 by L.L. No. 2-2003]
(1)
The minimum cross-connection protection for an irrigation meter should
be a double check valve with a guard valve installed after the check
so that the flow of water is regulated by the guard valve and not
by the operating nut of the hydrant. (Hydrant must be fully open.)
(2)
Pumps will not be allowed to connect directly to a fire hydrant.
Connections to fire hydrants are only by one two-and-one-half-inch
opening. No steamer connections allowed.
(3)
A pump would only be allowed in the irrigation system if it was connected
to the fire hydrant by a minimum of 100 feet of two-and-one-half-inch
to three-inch collapsible hose.
(4)
All meters and cross-connection protection devices should be properly
supported so as not to put a strain on the fire hydrant.
(5)
If irrigator plans to inject any foreign substance while watering,
a reduced pressure zone (RPZ) will be required, Also this RPZ must
be inspected by authorized personnel and report filed with the Superintendent
annually.
(6)
The Town may discontinue this service at any time for any reasons
without notice to irrigator if the Superintendent determines such
discontinuance to be in the Town's best interest.
(7)
Tank filling must be done with overhead fill with twelve-inch minimum
air gap.
(8)
All irrigators must file an application annually as required by the
Superintendent and must pay all fees established by the Superintendent
prior to use of the irrigation service.
The Board reserves the right:
A.
To make such changes in the rules and regulations as it may deem
to be in the best interest of the district.
B.
To make changes in the rates for water rental as may, in its judgment,
be in the best interests of the district.
C.
To order existing service pipes and fixtures to be replaced with
acceptable material, as determined by the Superintendent, and to refuse
service, with all penalties herein set forth for failure of an owner
to comply with such order.
D.
To have free access to enter upon the premises of any consumer at
any reasonable time for the purpose of inspection, reading, repair
and/or replacement of meters.
E.
To enter into contracts with other water districts for a supply of
water, either into or out of the district, to or from such districts,
corporations or individuals, under such terms and conditions as shall
properly protect the interests of the district.
The Board shall have the right, in accordance with the applicable sections of the Town Law and other applicable laws, to levy taxes against all assessable properties for the purpose of meeting the expenses of any and/or all capital construction, maintenance and operation deemed, to be in the best interest of the district. Reference is hereby made to § 195-14A(2)(e) of these regulations.
The Board shall notify the owner or authorized agent of the
owner of the building or premises in which there is found a violation
of this chapter of such violation. The Board shall set a reasonable
time for the owner to have the violation removed or corrected. Upon
failure of the owner to have the defect corrected by the end of the
specified time interval, the Board may, if in its judgment an imminent
health hazard exists, cause the water service to the building or premises
to be terminated and not be restored until such condition or defects
are corrected and/or recommend such additional fines or penalties
to be invoked as herein may be provided.
A.
Any person found violating any provision of this chapter shall be
guilty of an offense and shall be served with a written notice by
the Superintendent, stating the nature of the violation and providing
a specified time within which the violation shall cease and satisfactory
corrective action shall be taken by the violator.
B.
In the event that such violation is not terminated within the time
specified within said notice, the violator shall be liable to the
people of the district for a penalty of not more than $1,000 or imprisonment
not exceeding six months, or both. Such violation shall also be subject
to any actual loss or cost to the district caused by said violation.
[Amended 3-11-2003 by L.L. No. 2-2003]
C.
Every week that a violation is allowed to continue beyond the time
specified in said notice shall constitute a separate offense.
D.
Nothing contained herein shall prevent the Board from exercising
such other and additional remedies as are available to it under local
law or state or federal law, by injunction or any other remedy.
The foregoing shall be, from this date forward, the ordinance,
rules and regulations of the water districts of the Town of Somerset,
Niagara County, New York, duly adopted by the Town Board of the Town
of Somerset at a meeting held in said Town on October 16, 1984.
