Town of Walworth, NY
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Walworth 4-5-1979 by L.L. No. 2-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 88.
Sewers — See Ch. 139.
Stormwater management — See Ch. 147.
Subdivision of land; site plan review — See Ch. 151.
This chapter shall be known and cited as the "Town of Walworth Water Supply Law."
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
APPLICANT
The person applying for service.
APPROVED PUBLIC WATER SUPPLY
Any water supply approved by the New York State Department of Health.
APPROVED REDUCED-PRESSURE-PRINCIPLE BACKFLOW PREVENTION DEVICE
A device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, two shutoff valves and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two check valves at less than the pressure on the public water supply side of the device. At cessation of normal flow, the pressure between check valves shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere, thereby providing an air gap in the device. To be approved, these devices must be readily accessible for maintenance and testing and installed in a location where no part of the valve will be submerged. The enclosure must be self-draining, so that the large amount of water which the relief valve may vent will be disposed of reliably without submergence of the relief valve. This device must also be approved as a complete assembly.
AUXILIARY SUPPLY
Any water supply on or available to the premises other than the approved public water supply.
CONSTRUCTION PLANS AND SPECIFICATIONS
The subdivision Construction Specifications of the Town of Walworth.[1]
CROSS-CONNECTION
Any unprotected connection between any part of a water system used or intended to supply water for drinking purposes and any course or system containing water or substance that is not or cannot be approved as equally safe, wholesome and potable for human consumption.
OWNER/OPERATOR
The owner and/or operator of the premises on which there is a water supply.
YEAR
Calendar year.
[1]
Editor's Note: The Construction Specifications shall be on file in the office of the Town Clerk for examination during regular business hours.
There shall be no connection of an approved public water supply to a property or building in which there exists an auxiliary supply unless there shall be properly installed an approved reduced-pressure-principle backflow prevention device approved by the Town Engineer or other authorized representative of the Town.
In the event that a property or building is connected or an application is made for connection to the approved public water supply system, then, in that event, the applicant shall certify that there is no existing connection to or through the proposed property or building to be served to an auxiliary supply. The applicant shall furnish an existing layout of all plumbing and water supply now or planned to be put on the premises or in the building reflecting any and all connections to any source of water.
A. 
If there is an existing connection to an auxiliary supply, then the approved public water supply shall be terminated after 10 days' notice if the owner/operator fails to install an approved reduced-pressure-principle backflow prevention device in accordance with the construction plans and specifications of the Town.[1]
[1]
Editor's Note: The construction plans and specifications shall be on file in the office of the Town Clerk for examination during regular business hours.
B. 
If there is an existing connection to an auxiliary supply and the owner/operator desires to continue the connection to the auxiliary water supply (cross-connection), then, in that event, the approved public water supply shall not be connected to the property or building of the applicant until such time as an approved reduced-pressure-principle backflow prevention device is connected in accordance with the construction plans and specifications.
A. 
Maintenance; inspection by Town. Once an approved reduced-pressure-principle backflow prevention device is installed because there is a cross-connection, the owner/operator shall be responsible for the cost, installation and maintenance of the approved reduced-pressure-principle backflow prevention device. The owner/operator of any premises who has an approved public water supply shall at all times open the served building or premises to any representative of the Town to check for cross-connections to see if the required approved backflow prevention device has been properly installed and if said backflow prevention device has a cross-connection to the premises.
B. 
Annual inspection. The owner/operator of a premises or building in which an approved backflow prevention device has been installed shall be responsible for an annual inspection and testing of the approved backflow prevention device. The cost of repair and replacement of said devices shall be the sole expense of the owner/operator. Said annual test results shall be filed not less often than January 5 in each year. A negative result reflecting that the device is not functioning properly shall be submitted within 72 hours to the Town Engineer or other authorized representative after the test is made.
If, in the opinion of the Town Engineer or other authorized representative, a cross-connection is not feasible or practicable to provide potable drinking water to the premises or building, then the Town may require that a separate drinking water system be installed.
No water service connection for an approved public water supply to any premises shall be installed or continued or maintained unless the water supply is protected as required by this chapter or the applicable state regulations.
[Amended 9-1-1994 by L.L. No. 1-1994; 10-7-1999 by L.L. No. 5-1999]
Any person who shall violate any provision of this chapter shall be guilty of a violation and, upon conviction, shall be punished by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
[Added 3-19-1981 by L.L. No. 3-1981]
In the event that the Town shall determine that a meter has been disconnected or otherwise tampered with while located within the confines of a private structure or residence, the Town shall, in addition to any criminal or other penalties prescribed by the law, be entitled to the following civil penalties:
A. 
Assessments and charges.
(1) 
The consumer whose premises have been served by the tampered meter shall:
(a) 
Pay an estimated water bill to be computed by averaging the water bills of the past two years, prior to the discovery of the meter which had been disconnected or otherwise tampered with, and assessed as a penalty an amount equal to twice the annual average determined to be the consumption for the premises, less any sums paid within the seven quarters immediately preceding the discovery of the tampered meter. If there has been a change in the facility for water consumption on the premises during the two-year average period, then the period of average shall be reduced to the number of quarters in which the additional water consumption devices or instruments were on hand.
(b) 
Pay the cost of a new meter, including the cost of installation of said meter.
(2) 
In the event that said assessments and charges remain unpaid on or before the next water bill due date, the total so determined in this subsection will be added to the taxes as if in fact said sums were unpaid sums due for water consumed.
B. 
The meter removed from the premises shall be the property of the Town of Walworth. The consumer shall not receive any credit for the meter removed from the premises.