[HISTORY: Adopted by the Town Board of the
Town of Walworth 4-5-1979 by L.L. No. 2-1979. Amendments noted where
applicable.]
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:
The person applying for service.
Any water supply approved by the New York State Department
of Health.
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.
Any water supply on or available to the premises other than
the approved public water supply.
The subdivision construction specifications of the Town of
Walworth.[1]
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.
The owner and/or operator of the premises on which there
is a water supply.
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 engineer for the Town 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 engineer
for the Town or other authorized representative after the test is
made.
If, in the opinion of the engineer for the Town
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.
