[HISTORY: Adopted by the Board of Trustees
of the Village of West Carthage 5-10-1971; approved by the Commissioner of Health
of the State of New York 5-20-1971 as Section 121.2 to Part 121, Subchapter A, Chapter III,
Title 10, of the Official Compilation of Codes, Rules and Regulations
of the State of New York; amended in its entirety 2-10-1997 by L.L. No.
4-1997. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Garbage and refuse — See Ch.
48.
Sanitary sewer policy — See Ch.
64.
A. The following rules and regulations are established
by the Mayor and Board of Trustees of the Village of West Carthage,
and every person who shall be supplied or whose property shall be
supplied automatically accepts said rules, and the same shall constitute
a part of the contract between such persons and the Village.
B. The word "consumer" shall be used in these rules and
regulations. It shall mean the owner of the property.
C. The word "sidewalk" shall refer to an actual sidewalk or, in the
event no sidewalk is present, the Village right-of-way boundaries.
[Added 7-13-2015 by L.L.
No. 2-2015]
[Amended 6-11-1997 by L.L. No. 7-1997; 6-12-2000 by L.L. No.
2-2000; 5-27-2008 by L.L. No. 2-2008]
Water bills shall be issued quarterly on or
about the first day of January, April, July and October.
[Amended 5-27-2008 by L.L. No. 2-2008]
There shall be created and imposed annually
by the Board of Trustees a minimum water charge for each quarter for
each user within the Village limits of the Village of West Carthage
and for each user outside the Village of West Carthage limits which
is served water by the Village of West Carthage.
[Amended 5-27-2008 by L.L. No. 2-2008]
Water charges may be changed by resolution passed
by the Board of Trustees of the Village of West Carthage.
[Added 2-10-1997 by L.L. No. 6-1997;
amended 5-27-2008 by L.L. No. 2-2008; 4-7-2014 by L.L. No. 4-2014]
Water charges shall be determined delinquent if not paid within
30 days after the date of billing. A penalty of 10% shall be added
to any bill that is delinquent and unpaid as of such due date. Any
delinquent, unpaid amount over $20 on the first day of April shall
be charged by the Village as a special assessment and added to the
real property taxes of said property.
[Added 5-27-2008 by L.L. No. 2-2008;
amended 6-13-2016 by L.L. No. 2-2016]
Any user outside the limits of the Village of West Carthage
which is served water by the Village of West Carthage with water charges
remaining unpaid on the date such are due will be sent a notice of
the unpaid status and a shutoff warning. If the charges remain unpaid
30 days after the date of such notice, water will be shut off for
nonpayment. To restore service, amount due must be paid in full and
a restore service fee of $80 paid.
[Added 4-7-2014 by L.L.
No. 4-2014]
In addition to other means of enforcing this chapter, the Board
of Trustees may order that the supply of water be shut off and service
discontinued for violation of this article including but not limited
to delinquency in the payment of bills. Before such service shall
be discontinued, written notice shall be mailed to the property owner
at the billing address on file in the Clerk's office by regular
US Postal Service mail at least 15 days prior to the shutoff day.
At the expiration of the period of notice, it shall be the duty of
the Water Department Superintendent to have the water supply shut
off forthwith, unless such bills have been paid in full in a manner
approved by the Board, including a shutoff penalty in an amount to
be set by the Board of Trustees.
Application for water service from the street
main to the sidewalk where the shutoff valve will be located must
be submitted 48 hours prior to commencing work.
[Amended 7-13-2015 by L.L. No. 2-2015]
A separate tap is to be required for each lot supplied with
water. This tap is to be made by an employee of the Department of
Public Works for three-quarter-inch through two-inch, with the costs
to be borne by the consumer. Taps for connections larger than two-inch
will be made by the customer at his expense under Village supervision
by an experienced contractor to be verified and approved by the Department
of Public Works Superintendent.
A. Initial hookup to the Village water lines inside or
outside the Village from the main to the consumer property line/sidewalk
will be $400 performed by the Department of Public Works.
B. Repair of leaks from the main to the sidewalk will
be performed by the Department of Public Works at no expense to the
consumer.
C. The installation of the service from the sidewalk/property line must
be borne by the consumer. However, when the Department of Public Works
digs and locates the leak and it is galvanized pipe, the Department
of Public Works will replace the pipe with copper from the main to
the sidewalk. At that time the consumer's galvanized line could be
replaced if the consumer signs a liability release and agrees to pay
for the materials and labor costs.
[Amended 4-7-2014 by L.L.
No. 4-2014]
[Amended 4-7-2014 by L.L.
No. 4-2014]
All service pipes used to serve residential homes and small
commercial businesses (three-quarter-inch through two-inch) from the
water main to the curb stop and from the curb stop to the building
will be Type K copper. The pipe between the curb stop and the building
will be one continuous length, with no connections, if 60 feet or
less. If the length of pipe is over 60 feet, there will be the minimum
number of connections. All connections underground will be Mueller
type compression fittings; no sweat joints will be allowed. The service
pipe used for large commercial businesses and industry, two inches
or over in size, shall be cast-iron or ductile iron pipe from the
water main to the curb valve or to the inside of the street planning
strip. The service pipe from the curb valve to the building shall
be cast-iron or Schedule 80 polyvinyl chloride (PVC) pipe. The joint
will be Tyton-type joints.
[Amended 7-13-2015 by L.L. No. 2-2015]
Service pipes will be required to be laid not less than 54 inches
below the surface of the earth. This applies to the established grade
where it has been fixed. A water service cannot be laid in the same
trench with a sewer lateral and shall have a minimum of four feet
horizontal clearance from any sewer lateral. Additionally, water service
lines will have 10 feet lateral clearance from any other utilities
within the Village right-of-way. No trench will be backfilled in any
manner before inspection for leaks and clearances is made by a representative
of the Department of Public Works.
The trench opening by the owner or contractor
for tapping on to the service shutoff for the installation of the
water line shall be of sufficient size and have the proper safety
precaution to accommodate the work to be accomplished. The owner or
contractor will make alterations to the opening as instructed by the
Department of Public Works representative. The backfilling of the
trench will be made by the owner or the contractor. The material used
will be sand in the immediate area around the pipe to a depth of one
foot. The remainder of the trench will be bank-run gravel, tamped
every six inches until the trench is backfilled to original grade.
The owner of the property into which water is
supplied by a service pipe will be required to maintain in perfect
order, at his own expense, said service pipe from the curb stop to
his building. Failure to make necessary repairs after due notice,
in writing, by the Village Board will result in the water being turned
off until such time that satisfactory repairs are made. Maintenance
of the service pipe from the main to the curb stop will be performed
by the Department of Public Works.
Where required by the New York State Department
of Health Sanitary Code, Part 5, or local ordinance, a backflow preventor
of a suitable type that is currently approved by the Health Department
must be installed.
No consumer is allowed any cross-connection
from any other source of water under the rules and regulations, Part
5, of the Health Department. When such cross-connections are found,
the water from the Village water system will be turned off immediately
to prevent contamination of the Village water system. The consumer
will disconnect the alternate source as required by Part 5 of the
rules and regulations.
No curb stop will be operated by anyone except
a representative of the Department of Public Works.
No fire hydrant will be operated by anyone except
a representative of the Department of Public Works or Fire Department.
A. All water services, except those used exclusively
for fire purposes, shall be metered. Meters shall be obtained from
the Department of Public Works, and all municipal repairs and testing
must be made by the Department of Public Works.
B. Residential water meters up to and including three-fourths-inch
shall be furnished by the Department of Public Works at no cost and
maintained by the Department of Public Works. Damage to the meter
not caused by the Department of Public Works is the responsibility
of the homeowner, including cost for removal, repair, testing and
replacement.
C. Water meters one inch and larger shall be purchased
by the owner of the property where the meter is installed and maintained
by the Department of Public Works. Cost of maintenance of and damage
to the meter not caused by the Department of Public Works is the responsibility
of the owner of the property where the meter is installed, including
cost for removal, repair, testing and replacement.
The Department of Public Works shall conduct
periodic tests on all meters so as to maintain the meter in proper
working condition. The Village Board will pay all costs for routine
testing and maintenance on one-half-inch and three-fourths-inch meters.
The consumer will pay all repair costs of meters and components broken.
The Village Board will have all meters larger than two inches in size
routinely tested every four years or as needed. The consumer will
pay all costs of testing and repairing.
[Amended 7-13-2015 by L.L. No. 2-2015]
All water meters must be placed in an accessible part of the
building or basement so that they may be read or removed. When placed
in a pit, specifications for such a pit must be obtained at the Department
of Public Works. Just inside of the basement or pit wall into which
the service pipe extends, a shutoff valve must be placed ahead of
the meter. On all water meters two inches and larger, a backflow preventor
must be installed under the Department of Public Works specifications.
All new, repaired or replaced services will be required to have a
Department of Health approved backflow prevention device after the
water meters. All water meters must be in a heated environment to
eliminate freezing; the consumer will be required to pay all costs
for removal, repair and/or replacement of meters damaged or destroyed
due to freezing.
All water meters, when set, shall be sealed
to prevent tampering. No person except an authorized employee of the
Department of Public Works shall break such seals or tamper with said
meter.
Any employee of the Department of Public Works,
upon proper identification, shall have the right to enter any premises
where municipal water is being supplied for the purpose of inspecting,
installing, removing or reading a meter, plumbing and fixtures of
the water service and all work in connection with the service.
A. In addition to any and all other fees and charges
provided by law, every person who shall be supplied or whose property
shall be supplied water by the Village of West Carthage shall pay
water rent for the water supplied. The rents shall be as follows.
B. The inside-Village rates and the outside-Village rates
may be changed by the Board by resolution.
In the event of an emergency, including but
not limited to breaks in a water main, the Village shall not be liable
for any damage which may result to any person or premises from the
shutting off of the water from any main or service for any purpose
whatever, even in cases where notification is not given.
Where on-premises fire prevention services are
permitted, the entire cost of materials, installation and maintenance
of the service from the main to the premises and within the limits
of the premises shall be borne by the consumer. The consumer will
pay a connection charge as listed. Failure to make proper repairs
of the system, after due notice, will result in the water being turned
off. When the consumer or a representative of the consumer desires
to make flow tests or to make repairs to the fire service system,
except in emergencies, the consumer or the representative must give
the Department of Public Works 48 hours' advance notice before commencing
such testing or repairs. The connection charges per billing shall
be as adopted by the Village Board from time to time:
Proposed Schedule
|
---|
Type of Service
|
Fee
|
---|
Hydrants on private property
|
|
|
Inside Village
|
$5.50
|
|
Outside Village
|
$7.76
|
Sprinkler system (inches)
|
|
|
1 1/2 and 2
|
$5.00
|
|
4
|
$10.00
|
|
6
|
$15.00
|
|
8
|
$20.00
|
|
10
|
$25.00
|
When a building is torn down and the water service
is no longer required to the property or properties, the owner of
said property is required to excavate at the water main, at the owner's
expense, so that the abandoned water line can be disconnected from
the water main. The municipal employees shall do the actual disconnection.
The owner is responsible for refilling the excavation.
If a meter fails to accurately record the amount
of water used, the consumer will be charged at the average daily consumption,
the average of the last four quarters. The same practice shall be
followed in the event that the meter cannot be read.
The owner of any premises which is supplied
with water shall be liable for charges of the water used or other
expenses in connection with such water service. When there are two
or more tenants occupying a property equipped with only one meter,
the water rent shall be billed and collected directly from the property
owner and in no case from a tenant.
In any building with multiple meters, there
shall be a main water shutoff just inside the wall and individual
shutoffs for each meter in the building. It shall be the responsibility
of the owner to provide the readings if the meters are not accessible.
Any person or person, firm or corporation violating
any of the provisions of these rules, regulations and ordinances hereby
enacted shall, upon conviction, be fined a minimum of $25 up to a
maximum of $250 or imprisoned in the county jail for not more than
15 days, or be both so fined and imprisoned; and, further, these rules
and regulations and ordinances may be enforced by injunction.
When a property owner or tenant requires more
water than the existing water pipe can deliver, it is the responsibility
of the property owner to pay the cost of the enlargement of said waterline
from the water main to the building. The enlargement of the waterline
will be considered the same as a new water service.
No person or contractor will attempt to dig
up or repair any waterline prior to the service meter valve at any
time other than during the normal working hours of the employees of
the Department of Public Works. If and when an employee of the Department
of Public Works is required to respond to turn off the water due to
attempted repairs, either internal or external, the owner requesting
the Department of Public Works employee to respond will be billed
for the actual call-out cost to the Village Board. If the owner does
not pay the call-out cost, the amount billed will be placed on the
tax rolls.
A request for filling of a consumers' pool from
municipal water must be in writing 48 hours prior to the Department
of Public Works honoring the request. There are two methods of filling
a pool. They are as follows:
A. Consumer outlet. Consumers should read their meters
prior to filling and call it into the Village office; otherwise, sewer
will be charged also. After filling is complete, call in the final
meter reading and that will be the charge.
B. The Department of Public Works will install a meter
on the hydrant closest to the pool and take a reading. Upon completion
of the filling, the final reading will be taken and that is what the
consumer will be billed. The Department of Public Works can also measure
the pool to determine the usage.
A. Application. The rules and regulations hereinafter
given, duly made and enacted in accordance with the provisions of
§§ 1100 through 1107 of the Public Health Law, shall
apply to Pleasant Lake and its tributaries which now serve or which
may be developed in the future to serve as sources of the public water
supply of the Village of West Carthage, Jefferson County, New York,
and to all watercourses tributary thereto or ultimately discharging
into said reservoir.
B. Definitions. For the purpose of this section, the
terms used herein are defined as follows:
HERBICIDE
Any substance used to destroy or inhibit plant growth.
JUNKYARD
An area where two or more unregistered old or secondhand
motor vehicles are being accumulated for purposes of disposal, resale
or used parts or reclamation of certain materials such as metal, glass,
fabric, etc.
LINEAR DISTANCE
The shortest horizontal distance from the nearest point of
a structure or object to the high-water mark of a reservoir or to
the edge, margin or precipitous bank forming the ordinary high-water
mark of a watercourse.
PESTICIDE
Any substance used to destroy pests such as rodents and insects.
REFUSE
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, incinerator residue, street cleanings, dead
animals, offal and solid commercial and industrial wastes.
REFUSE DISPOSAL AREA
Land used for the depositing of refuse, except that such
term shall not include the land used for the depositing of refuse
from a single family of which a member thereof is the owner, occupant
or lessee of said land, nor any part of a farm on which only animal
wastes resulting from the operation of such farm are deposited.
RESERVOIR
Any natural or artificial lake or pond which is tributary
to or serves as a source of the Village of West Carthage public water
supply.
SEWAGE
The waste from a flush toilet, bath, sink, lavatory, dishwashing
or laundry machine, or the water-carried waste from any other fixture
or equipment or machine.
SEWAGE DISPOSAL SYSTEM
A system for disposing of sewage, industrial wastes or other
wastes and includes sewers and treatment works.
TOXIC CHEMICAL
Any compound or substance which is or may be poisonous to
humans.
TREATMENT WORKS
Any plant, disposal field, lagoon, pumping station, constructed
drainage ditch or surface water intercepting ditch, incinerator, area
devoted to sanitary landfills or other works not specifically mentioned
herein, installed for the purpose of treating, neutralizing, stabilizing
or disposing of sewage, industrial wastes or other wastes.
WATERCOURSE
Every spring, stream, marsh or channel of any kind, the waters
of which flow or may flow into the Village of West Carthage public
water supply.
WATERSHED
The entire drainage area contributing water to the Village
of West Carthage public water supply.
WATER SUPPLY
The public water supply of the Village of West Carthage,
Jefferson County, New York.
C. Human excreta and sewage.
(1) No human excreta shall be deposited or allowed to
escape into any reservoir or watercourse on the watershed.
(2) No human excreta shall be deposited or spread upon
the surface of the ground at any point on the watershed.
(3) No human excreta shall be buried in the soil on the
watershed unless deposited in trenches or pits at a distance of not
less than 250 feet from any reservoir or watercourse and covered with
not less than one foot of soil in a manner as to effectually prevent
its being washed into any reservoir or watercourse by rain or melting
snow.
(4) No privy or receptacle of any kind for the deposit
or storage of human excreta shall be constructed, placed, maintained
or allowed to remain within 50 feet of any reservoir or watercourse
except:
(b)
Water-flushed toilets connected by a watertight
pipe to a sewage disposal system that has been approved by the appropriate
state agency having jurisdiction over such facility.
(c)
A properly designed, constructed and operated
treatment works that has been approved by the appropriate state agency
having jurisdiction over such facility.
(5) No portion of the seepage unit tile field, seepage
pit or equivalent) of a subsurface sewage disposal system shall be
constructed, placed or allowed to remain within 25 feet of any reservoir
or watercourse.
(6) Every watertight receptacle referred to in Subsection
C(4) above and Subsection
C(9) below shall be emptied when filled within six inches of the top of the receptacle.
(7) In emptying a watertight receptacle or in transferring its contents to a transportable receptacle, all necessary care shall be exercised to prevent contamination of any reservoir or watercourse. All such transportable receptacles shall be provided with tightly fitting covers which are securely fastened when transporting wastes to the place of ultimate disposal. The contents of the watertight receptacles shall be disposed of in accordance with Subsection
C(3) above or at a properly designed, constructed and operated sewage disposal system that has been approved by the appropriate state agency having jurisdiction over such facility.
(8) Before any existing sewage disposal system is altered or any new sewage disposal system is constructed on the watershed, the plans in relation thereto shall have been first approved by the appropriate state agency having jurisdiction over such facility. Standards for waste treatment works as published from time to time by the appropriate state agency having jurisdiction over such facility and Subsection
C(5) above shall comprise the criteria in approving any proposed sewage disposal system.
(9) No sewage or polluted liquid of any kind shall be
discharged or allowed to flow into any reservoir or watercourse nor
on or beneath the surface of the ground on the watershed (except into
watertight receptacles or watertight pipes connected to a sewage disposal
system approved by the appropriate state agency having jurisdiction
over such facility) within 25 feet of any reservoir or watercourse.
These restrictions and limiting distances shall not apply to sewage
treatment works installed in accordance with plans which first have
been submitted to and approved by the appropriate state agency having
jurisdiction over such facility.
D. Refuse disposal areas. No refuse disposal area shall
be located within 250 feet of any reservoir or watercourse.
E. Cemeteries. No interment of a human body shall be
made within 250 feet of any reservoir or watercourse.
F. Radioactive materials. No radioactive material in
excess of the quantity listed for said material in Table 4, Appendix
1, Part 16, Chapter I (Ionizing Radiation), Title 10 (Health), of
the Official Compilation of Codes, Rules and Regulations of the State
of New York shall be disposed of by burial in soil within 250 feet
of any reservoir or watercourse.
G. Junkyards. No junkyard shall be located within 100
feet of any reservoir or watercourse.
H. Herbicides, pesticides and toxic chemicals. No herbicide,
pesticides or toxic chemical shall be discharged, applied or allowed
to enter into any reservoir or watercourse unless a permit to do so
has been obtained from the appropriate state agency having jurisdiction
over such facility.
I. Manure. No manure pile shall be maintained or allowed
to remain within 50 feet of any reservoir or watercourse.
J. General standards. No person, including state agencies
or political subdivisions having jurisdiction, shall perform any act
or grant any permit or approval which may result in the contravention
of the following standards for raw water quality:
Items
|
Specifications
|
---|
Floating solids, settleable solids, oil sludge
deposits, taste- or odor-producing
|
None attributable to sewage, industrial wastes
or other wastes substances
|
Sewage or waste effluents
|
None which are not effectively disinfected
|
pH
|
Range between 6.5 and 8.5
|
Dissolved oxygen
|
For trout waters, greater than 5.0 parts per
million; for nontrout waters, greater than 4.0 parts per million
|
Toxic wastes, oil, deleterious substances, colored
or other wastes or heated liquids
|
None alone or in combination with other substances
or wastes in sufficient amounts or at such temperatures as to make
the waters unsafe or unsuitable as a source of water supply for drinking,
culinary or food processing purposes, provided further that the concentration
or quantity of the constituents or characteristics hereinafter set
forth shall not exceed the allowable limits established therefor
|
Constituent or Characteristic
|
Allowable Limits
|
---|
Physical:
|
|
|
Turbidity
|
5 units
|
Microbiological:
|
|
|
Coliform organism
|
50 per 100 ml
|
Inorganic chemicals:
|
(Concentration in mg/l)
|
|
Ammonia (NH3)
|
Less than 2.0
|
|
Arsenic (As)
|
0.05
|
|
Barium (Ba)
|
1.0
|
|
Boron (B)
|
1.0
|
|
CCE
|
0.2
|
Inorganic chemicals:
|
|
|
Cadmium (Cd)
|
0.01
|
|
Chloride (Cl)
|
250.
|
|
Chromium (hexavalent) (Cr + 6)
|
0.05
|
|
Copper (Cu)
|
Less than 0.2
|
|
Cyanide (CN)
|
Less than 0.1
|
|
Fluoride (F)
|
Less than 1.5
|
|
Lead (Pb)
|
0.05
|
|
Mercury (Hg)
|
0.005
|
|
Nitrates (NO3) +
|
0.10
|
|
Nitrites (NO2)
|
|
|
Selenium (Se)
|
0.01
|
|
Silver (Ag)
|
0.05
|
|
Sodium (Na)
|
Less than 20.
|
|
Sulfate (SO4)
|
250.
|
|
Total dissolved solids
|
500.
|
|
Uranylion
|
Less than 5.0
|
|
Zinc (Zn)
|
Less than 0.3
|
Organic chemicals:
|
(Concentration in mg/l)
|
|
Organic nitrogen
|
0.5
|
|
|
Oxygen consumed
|
2.0
|
|
|
Phenols
|
0.001
|
Pesticides:
|
|
|
Aldrin
|
0.017
|
|
Chlordane
|
0.003
|
|
DDT
|
0.042
|
|
Dieldrin
|
0.017
|
|
Endrin
|
0.001
|
|
Heptachlor
|
0.018
|
|
Heptachlor epoxide
|
0.018
|
|
Herbicides
|
0.1
|
|
Lindane
|
0.056
|
|
Methoxychlor
|
0.035
|
|
Organic phosphates + carbonates
|
0.1
|
|
Toxaphene
|
0.005
|
Radioactivity:
|
(Concentration in pc/l)
|
|
Gross beta
|
1,000.
|
|
Radium 226
|
3.
|
|
Strontium 90
|
10.
|
K. Inspections. The Board of Trustees of the Village
of West Carthage or any duly appointed person or persons as may be
charged with maintenance or supervision of the water supply shall
make regular and thorough inspections of the reservoir, watercourses
and watershed to ascertain whether these rules and regulations are
being complied with. It shall be the duty of the aforesaid Board of
Trustees of the Village of West Carthage or any such duly appointed
person or persons as may be charged with maintenance or supervision
of the water supply to cause copies of any rules and regulations violated
to be served upon the persons violating the same, together with notice
of such violations. If such persons served do not immediately comply
with the rules and regulations, it shall be the further duty of the
aforesaid Board of Trustees of the Village of West Carthage or any
such duly appointed person or persons as may be charged with maintenance
or supervision of the water supply to promptly notify the State Commissioner
of Health of such violations. The aforesaid Board of Trustees of the
Village of West Carthage or any duly appointed person or persons as
may be charged with maintenance or supervision of the water supply
shall report to the State Commissioner of Health, in writing, annually,
prior to the 30th day of January, the results of the regular inspections
made during the preceding year. The report shall state the number
of inspections which were made, the number of violations found, the
number of notices served, the number of violations abated and the
general condition of the watershed at the time of the last inspection.
L. Penalties. Penalties for violation of these rules
and regulations shall be those prescribed by § 1103 of the
Public Health Law.
M. Water shortage measures.
(1) In the event of a major break in a water main or draught
conditions that deplete the Village water levels, the West Carthage
Village Board may order a conservation of water declaration. Times
for the restriction will be set by the Village Board. The order prohibits
the use of water to wash cars, driveways, homes, water gardens, shrubs,
flowers and the filling of pools, etc.
(2) The Village may have to issue a "boil water" advisory
through the media which could be caused by a major break, draught
or contamination of the water supply. The "boil water" advisory will
stay in effect until such time as the Department of Health, through
tests, has declared the water safe to use.