Village of Orchard Park, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Orchard Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building code administration and enforcement — See Ch. 92.
Sewers — See Ch. 176.
Fees — See Ch. A232.
[Adopted 12-3-1979 by L.L. No. 15-1979 (Ch. 45 of the 1979 Code)]
This article shall be known and may be cited as the "Water Service Law of the Village of Orchard Park, New York."
A. 
It is the intent of the Village of Orchard Park to continue to furnish an adequate supply of pure and wholesome water to the residences and business establishments in the Village of Orchard Park and its immediate vicinity; and also to supply sufficient water with sufficient pressure in its water supply system to adequately protect the buildings in the Village from damage or destruction by fire and to permit the residents of the Village to have the protected rate of the fire rating organizations on their fire insurance for both their buildings and personal property.
B. 
This article is therefore enacted in order that the water supply system may be properly maintained, improved and extended primarily for the benefit of the water users and taxpayers within the Village limits.
This article shall be applicable to all property and water users within the Village of Orchard Park, and the terms of this article shall be applicable to all water users outside of the Village of Orchard Park as terms of a contract in accordance with which water is to be supplied to such outside users.
The rules and regulations set forth in this article shall be considered a part of the contract of any person who obtains water from the Village, and every such person shall be considered as having expressed his consent to be bound thereby.
All persons desiring a water supply from the Village must first make a written application to the Village Clerk-Treasurer stating fully the several and various uses for which the water is to be used. Such application must be signed by the owner of the premises or his duly authorized agent, whereupon a permit to perform the work and no other will be issued. When the work is completed to the satisfaction of the Director of Public Works or an authorized inspector and in compliance with all the rules and regulations and on payment of the water rates and all other expenses due the Village at the Village Clerk-Treasurer's office, the water shall be turned on to the premises.
A. 
Applicant to pay expenses. All the expenses attending the introduction of water from the curb cock into any premises must be paid by the applicant.
B. 
Plumber. The plumber employed and designated by the owner of the premises will be considered as the agent of such owner while employed in the prosecution of the work introducing water in the premises and will not be recognized in any sense as the agent of the Village, nor will the Village hold itself responsible for the act of such plumber.
C. 
Taps and curb boxes. The Director of Public Works or any other employee of the Village designated by the Board of Trustees to do so will determine the size of the taps to be inserted in any water main and the form and size of the curb box to be used under any application and permit and furnish such taps and curb boxes at the expense of the applicant, to be paid for on making the application.
D. 
Taps and connections.[1]
(1) 
The Village of Orchard Park will supply and furnish three-fourths-inch and one-inch taps for a fee set forth in the fee schedule.[2]
[2]
Editor's Note: See Ch. A232, Fees.
(2) 
All taps larger than one inch in diameter must be completed at the owner’s expense. The work may be performed by the Village of Orchard Park, a contractor hired by the Village of Orchard Park or a contractor hired by the owner and certified by the Village of Orchard Park. All work must be inspected by a representative of the Village of Orchard Park.
(3) 
All taps must be made at the side of the water main unless otherwise authorized by the Director of Public Works.
(4) 
The Village of Orchard Park must approve the location of the pipe running from the house to the tap, and such pipes must be installed as near to right angles as possible.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Curb boxes and street boxes set in sidewalks. In cases where the curb boxes and street boxes are set in the pavement of the sidewalks, the top of the boxes are to be level with the surface of the pavement.
F. 
Required depth. The owner receiving a permit for the introduction of a water service into his premises will be required to cause such service to be placed not less than four feet below the surface of the earth at any place between the water main and the street and the inside of the foundation wall of the building into which the water service is introduced.
G. 
Separate trench required. Any water pipe which is to operate as a water main shall not be laid in the same trench with the sewer, either public or private, and no water service pipe shall be laid in the same trench with a lateral sewer under any circumstances.
H. 
Connection of service pipes to water main. All service pipes from the water main must be connected with the main by a separate pipe of not less than three-fourths-inch diameter.
I. 
Service pipe material requirements.[3]
(1) 
Type K soft-tempered copper pipe with a minimum three-fourths-inch inside diameter.
(2) 
Service pipes with inside diameters of four inches or larger may use ductile iron pipe, C900 plastic pipe, or another AWWA certified pipe. The Village of Orchard Park reserves the right to designate the size and type of service pipe used.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
J. 
Stop and waste cocks. Just inside the basement wall into which a service pipe extends a stop and waste cock shall be conveniently located and arranged so that water may be drawn back and all the pipes within the building emptied through such stop and waste by opening the faucets at the highest point therein and allowing the air to enter such pipes.
K. 
Inspection before covering service pipes. Before covering any service pipe in the street, the plumber shall notify the Director of Public Works or other proper officer when the pipe is ready for inspection and shall not cover same until it has been inspected and approved.
L. 
Turning on water. Water will be turned on to premises only after the work has been completed as required by the rules and regulations set forth in this article. The curb cock controlling any service shall not be left open after such service has been connected with the street main or after making any new extensions in unoccupied premises so that the water may be supplied to such premises by such service without a written permit from the Director of Public Works. In cases where the water is then in use and when a permit has been duly obtained for the same, then the water may be left on the premises and the owner will be charged for the additional use from the date of the application.
M. 
Supplying two or more buildings from single tap. Permission will not be granted to supply two or more buildings fronting on the same street from a single tap unless the service shall be divided at the curb and a separate service extended from and controlled by a separate curb box for each service. In case only one of several buildings occupies the frontage of a single lot and others are located in the rear of the front building, then permission may be granted to supply all of such buildings from one service in case the owner of the premises shall pay for all the water used. If such a case is found, the owner must make repairs at the time of a transfer of title or as determined by the Village of Orchard Park.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
N. 
It shall be the policy of the Village of Orchard Park Water Department to follow the general regulations and standards regarding water distribution systems and especially those covering installation of service as adopted by the Erie County Water Authority and the State of New York. The Village of Orchard Park reserves the right to amend and/or modify these regulations and standards to be more detailed or more restrictive.[5]
[5]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Fees shall be paid for water taps as set forth in Chapter A232, Fees.
[Amended 3-23-1992 by L.L. No. 4-1992[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Nonresident charges shall be based on time and materials and determined by the Board of Trustees.
The owner of the property into which water is introduced by a service pipe will be required to maintain in perfect order and repair at his own expense the service pipe and its fixtures and appurtenances, including all fixtures therein provided for delivering or supplying water for any purpose, and in case such service and fixtures are not kept in perfect repair, the Director of Public Works or other Village employee shall shut off the supply of water therefrom without notice or may make necessary repairs, and the expense incurred shall be a lien against the property.
The Village undertakes to use reasonable care and diligence to provide a constant supply of water through its mains to consumers, but reserves the right at any time without notice to shut off the water in its mains for the purpose of repairs or extensions, or for any other similar purpose, and the Village shall not be liable for the deficiency or failure in the supply of water for any cause whatsoever or for any damage caused thereby or by the bursting or breaking of any mains or service pipes or any accident to the waterworks, but it is the intention of the Village, when practicable, to give suitable notice of such shutting off to the consumer, and no deduction from water bills will be made in consequence thereof.
A. 
When water shall be supplied to more than one party through a single tap, the bill for the water supply will be made to the owner of the premises, and, in case of nonpayment, the water may be shut off, notwithstanding one or more of the parties may have paid their proportion to such owner or any other person.
B. 
Whenever two or more parties are supplied by the same service pipe, the failure of any one of the number to pay the water rents when due or comply with any rule shall authorize the Village to turn the water off from such pipe until the rates, terms and conditions are complied with.
It is understood and agreed that the Director of Public Works or any other employee of the Village authorized by the Board of Trustees, their agents and assistants may enter the premises of any consumer at any reasonable time to examine the pipes and fixtures, the quantity of water used and the manner of its use. In case of fraudulent representation on the part of any consumer or unnecessary waste of water, all payments made will be forfeited and the water supply shut off.
In case of making repairs or constructing any new work, the Board of Trustees reserves the right to shut off the water from any consumer without notice and keep it shut off as long as may be necessary.
The Board of Trustees reserves the right to limit the amount of water furnished to any consumer when circumstances warrant such action, although no limit may be stated in the application or permit for such use, or the Board of Trustees may entirely cut off the use for any manufacturing purpose or any use for supplying power at any time by giving reasonable notice to the consumer of such intended action.
The owner of the premises to which water is supplied shall be chargeable with all water taken from the Village mains, and if leaks occur in the service lines between the main and the meter, the Director of Public Works may estimate the amount of the water lost by such leaks and charge the same to the owner of the premises.
A. 
By consumer.
(1) 
Notice. Any consumer wishing to discontinue the use of water supply from the waterworks must give notice thereof at the Village Clerk-Treasurer's office, and he will be charged with the use until such notice is given.
(2) 
Shutoff charge. In the event water is shut off at the request of the consumer and a final bill rendered, a shutoff charge, as set forth in Chapter A232, Fees, shall be paid.
[Amended 3-23-1992 by L.L. No. 4-1992[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
By Village.
(1) 
Resumption of service. Whenever water has been turned off by the officers or agents of the Village for nonpayment of water rents or for the purpose of repair or construction or for any other necessary or proper reason, no person shall turn the same on again who is not duly authorized to do so by the Board of Trustees.
(2) 
Nonpayment or violations. When water is turned off for nonpayment of rents or for violation of any rule or regulation, it shall not be turned on again until the party in default shall pay all water rents due and the amount of all penalties which may be imposed by the regulations set forth in this article or by resolution of the Board of Trustees.
(3) 
Turn-on charge. In the event that service is discontinued or decreased by the Village for nonpayment of the water bill, service shall not be resumed until all bills and penalties are paid in full and an additional turn-on charge, as set forth in Chapter A232, Fees, is paid.
[Amended 3-23-1992 by L.L. No. 4-1992; 7-12-2004 by L.L. No. 5-2004[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No contractor shall take water from the Village without a builder's permit for every separate job. When any person desires to use the Village water on any premises for building purposes of any description, the owner of such premises or his agent having such premises in charge must, before using Village water for such purposes, make a regular application at the office of the Village Clerk-Treasurer for permission therefor and agree to pay such rates therefor as the Board of Trustees may prescribe.
No person shall use the Village water for flushing sewers, settling earth in ditches or any similar purpose without a permit from the Director of Public Works and paying for the same in advance.
No person shall open any fire plug or hydrant or to draw water therefrom except under the direction of the Director of Public Works and also excepting that the Chief of the Fire Company, serving the Village, his assistants, officers and members of the company are authorized to use the hydrants and plugs for the purpose of extinguishing fires, cleaning engines, hose or company materials, or making trials of the engines and hose of the company, but all such uses shall be under the supervision and direction of the Chief of the Fire Company and his assistants, and in no event will an inexperienced and incompetent person be allowed to control or manipulate in any way any hydrant, plug or other fixture.
A. 
Use required; damage to. No water service shall be given to any person except through a meter unless otherwise ordered by resolution of the Board of Trustees. After the meter is attached, any damage which such meter may sustain resulting from the carelessness of the owner, agent or tenant or from the neglect of any of them properly to secure and protect the same, or any damage that may result from allowing the meter to become frozen or to be injured by hot water or steam setting back from a boiler, or for any other cause, shall be paid by the owner, on demand, and in case such payment is not so made, the water may be shut off from the premises without notice and will not be turned on again until all charges are paid, and the amount of such charges shall be a lien against the property.
B. 
Failure to register. If a meter becomes damaged and fails to register, the consumer will be charged at the average consumption as shown by the meter when in order.
C. 
Charge. All water passing through a meter will be charged for, whether used or wasted.
D. 
Removal or disturbance. No meter shall be removed or disturbed without permission from the Director of Public Works.
E. 
Access. The owner and tenant shall provide ready and convenient access to the meter so that it may be frequently read and examined by the agents or employees of the Village.
F. 
Testing. Meters will be removed and tested upon request. If any meter so tested shall be found to be registering correctly or to be running slowly or not to exceed 2% fast, the expense of removing and testing such meter, as set forth in Chapter A232, Fees, will be charged to the property owner; all bills for testing meters will be treated as water bills under the regulations set forth in this article.
[Amended 3-23-1992 by L.L. No. 4-1992; 7-12-2004 by L.L. No. 5-2004[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Resident consumers. All meters for properties located within the Village and subject to Village taxes will be listed under the name of the owner of the property, and all water used in connection with such property will be billed to the owner of the property. No deposit for water meters will be required.
H. 
Nonresident consumers. For all properties located outside the Village which are supplied with water by the Village as individual users and not through a water district, all meters will be listed under the name of the property owner, and such owner will be required to deposit the sum as set forth in Chapter A232, Fees, with the Village, and such owner shall be responsible for payment of the cost of water used in connection with the premises. All such water shall be billed directly to the owner.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
I. 
The Village of Orchard Park retains the right to specify the size, type, and manufacturer of meter to be used.[3]
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
J. 
The Village of Orchard Park will supply and install a five-eights or one-inch meter at the time the account is opened. Larger meters must be purchased and installed by the owner under the regulations of the Village of Orchard Park.[4]
[4]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
K. 
Meters larger than one inch must be repaired or replaced at the owner’s expense, if the Village of Orchard Park determines such a meter is defective.[5]
[5]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
L. 
The meter must be placed in a basement or other location approved by the Village of Orchard Park.[6]
[6]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
M. 
The Village of Orchard Park will require a meter pit for any structure where the distance from the property line to the front wall of the primary is more than 100 feet. The meter pit must be installed in the right-of-way at the owner’s expense. If the Village of Orchard Park performs the installation of the meter pit, all expenses will be charged to the water account and treated as water bills under the regulations set forth in this article. Existing accounts are required to upgrade to a meter pit at the time of a transfer of title or as determined by the Village of Orchard Park. Meter pits must be approved by the Director of Public Works.[7]
[7]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Amount of water rates.
(1) 
Establishment of rates. The Board of Trustees shall from time to time establish water rates for both resident consumers of water within the Village and nonresident consumers of water outside of the Village. Such rates, including any minimum charges, shall be determined by resolution of the Board of Trustees.
(2) 
Late charges. In the event a resident or nonresident consumer shall not pay a quarterly water bill within 30 days from the billing date of said bill, an additional 10% of the total quarterly charge shall be added to the amount due as a late charge.
[Amended 7-12-2004 by L.L. No. 5-2004]
B. 
Payment dates.
(1) 
Quarterly. All water rates shall accrue from the previous calendar quarter on the first days of January, April, July and October.
[Amended 7-12-2004 by L.L. No. 5-2004]
(2) 
Nonpayment. If any quarterly bill is not paid within 30 days from the due date the water shall be turned off.
(3) 
Billing. Bills will be sent out to consumers in the month but the failure of any consumer to receive a bill promptly shall not excuse nonpayment of the same.
[Amended 7-12-2004 by L.L. No. 5-2004]
(4) 
Additional charges. All charges for material furnished or work done by employees of the Village in connection with the water service will be treated as water rates.
C. 
Consumption periods; computation if meter not read. All water rates will be based on three month's consumption, and whenever water is supplied through a meter, the meter rate for a period of three months will be charged. If for any reason a meter is not read quarterly, the charge will be based on average consumption. Should the meter be not read for a period of six months, the total consumption will be divided by two and the result treated as the consumption for each quarter.
D. 
Special readings. A charge, as set forth in Chapter A232, Fees, will be made for any special reading.
[Amended 3-23-1992 by L.L. No. 4-1992; 7-12-2004 by L.L. No. 5-2004[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Abatements.
(1) 
No abatements from any water bill shall be made where the owner or consumer has not complied with the requirements of the rules or regulations set forth in this article in making application at the Village Clerk-Treasurer's office for the discontinuance of the use of water, in making application for having the water turned off from service, or giving any notice under the regulations set forth in this article, nor from failure to use the maximum amount allowed by the quarterly rate.
(2) 
No abatement from any water bill will be made in cases where the charge for water results from a failure on the part of the owner or consumer to repair promptly any broken or defective fixture or service.
(3) 
No abatement from any water bill will be made in cases where any fixture is left open for waste of water or continuous flow of the same by any tenant or occupant of any premises supplied with Village water.
(4) 
No abatement granted in any case shall establish a precedent for an abatement in any following or ensuing bill nor for an abatement in any other case, but each case shall be determined upon its merits.
(5) 
No abatement from any water bill or remittance of any penalty provided by the rules set forth in this article shall be made, except with a concurrence of a majority of the members of the Board of Trustees. The Village Clerk-Treasurer shall keep a record of its action in each particular case.
A. 
Lien. All sums charged for water supplied or for expenses for the repair of services, meters, fixtures and all other appurtenances connected with the water service, or for damage to the same, or for fines imposed for violation of any rule of the Board of Trustees shall be regarded as due from the owner of the premises and shall be a lien upon the real property until paid. If such sums are not paid on demand from such owner or occupant of the premises and the water shall be turned off on account of nonpayment, no application for water service for such premises shall be granted by the Board of Trustees or any officer or employee of the Village, notwithstanding that such premises shall have changed ownership in any way, until such sums unpaid shall have been paid in full to the Village Clerk-Treasurer.
B. 
Delinquent water register. A book shall be kept in the Village Clerk-Treasurer's office which shall be called the delinquent water register which shall contain the street number and location of premises from which the water has been turned off for nonpayment of water rents, fines, etc., and the sum remaining unpaid, which book shall be for the information and protection of persons intending to purchase property within the Village, and such persons may ascertain at the office whether any charges for such unpaid water rates, etc., appear upon such register.
C. 
Assessment and collection with Village tax. Anything herein contained shall not prevent the Village from using any other means or methods of collecting such charges, and any charges unpaid at the time the annual Town tax roll is made up may be assessed and levied against the real property and collected with the annual tax in the same manner as any other local assessment.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Stop valves, stop cocks or gate valves. It shall be unlawful for any person, unless duly authorized, to open, close, turn or interfere with any stop valve, stop cock or gate valve belonging to the Village.
B. 
Injury to Village water supply. The malicious, willful, careless or negligent destruction of or injury to any of the works or property in any way connected with the water supply of the Village is hereby prohibited.
C. 
Street mains. No person, except the Director of Public Works or those acting under his direction, shall open or close any valve or gate in the street mains or molest or interfere with the same in any manner whatsoever.
D. 
Water laterals. No person, except the Director of Public Works or those acting under his direction, shall add to or interfere with any connection or in any way interfere with the water line between any curb cock and water meter.
[Added 9-13-1999 by L.L. No. 14-1999]
All new water mains installed along any state highway, road, street, lane, or thoroughfare located within the Village of Orchard Park, including but not limited to East Quaker Street, West Quaker Street, South Buffalo Street, and North Buffalo Street, must be at least 12 inches in diameter.
Any person who shall violate any provisions of this article, other than nonpayment of water bills or charges, shall be punished as provided in Chapter 1, Article III, of this Code.
Notwithstanding any of the foregoing provisions, except in case of emergency, temporary interruption necessitated by repairs, extensions or maintenance operations, shortage of water or similar situations, no service shall be terminated by the Village without complying with the following procedures:
A. 
Notice of violation and hearing. Upon the determination by the Director of Public Works that a violation has occurred pursuant to this article or that a bill for service or other charges has become delinquent, the Director of Public Works shall notify the Village Clerk-Treasurer of same who shall notify, in writing, the occupant or occupants of the affected premises as well as the owner thereof, either personally or by certified mail at the last known address of such persons, setting forth specifically the grounds for termination of service and the time and place of hearing within the Village. Any costs of such notification will be charged to the customer. Such notice shall be served at least 10 days prior to the date of the hearing and shall contain a warning that unless such person or persons shall appear and offer proof or other evidence at such hearing, the service may be terminated without further notice.
[Amended 3-23-1992 by L.L. No. 4-1992]
B. 
Conduct of hearing. At the time and place specified in the notice, the Director of Public Works or other Village official designated by the Board of Trustees, hereafter referred to as the "hearing officer," shall conduct the hearing and receive such proof or evidence that may be presented by the Village and the other interested parties.
C. 
Determination. At the close of the hearing, the hearing officer may order the termination of the service or other appropriate action as he may determine.
D. 
Appeal. Any person aggrieved by the action of the hearing officer shall have the right to appeal to the Board of Trustees. Such appeal shall be taken by filing within 14 days after notice of the action complained of has been mailed to such person's last known address, together with a written statement setting forth fully the grounds for the appeal. The Board of Trustees shall set a time and place for the hearing on such appeal, and notice of such hearing shall be mailed to the appellant at his last known address at least five days prior to the date set for the hearing. The decision and order of the Board of Trustees shall be final and conclusive. (NOTE: The U.S. Supreme Court has determined that a hearing is required before service may be terminated.)
[Adopted 4-29-2004 by L.L. No. 2-2004 (Ch. 27, Art. IV, of the 1979 Code)]
The purpose of this article is:
A. 
To protect the public drinkable water supply of the Village of Orchard Park from the possibility of contamination by isolating within its customers' internal distribution system(s) or its customers' private water system(s) such contaminations or pollutants which could backflow into the public water supply system; and
B. 
To comply with the requirements of the New York State Sanitary Code Subpart 5 and in particular 5-1.31 and other provisions of the New York State Department of Health (NYSDOH).
The Village of Orchard Park Water Department shall be responsible for the protection of all Village of Orchard Park water distribution systems from contamination due to the backflow of contaminants through the water service connection. If, in the judgment of said Water Department, an acceptable backflow prevention device is required at any water service connection to any customer's premises for the safety of the water system, the Water Department or its designated agent shall give notice, in writing, to said customer to install such acceptable backflow prevention device at each service connection to their premises. The customer shall immediately install such approved device or devices at his own expense; and failure, refusal or inability on the part of the customer to install, have tested and maintained said device or devices shall immediately constitute a ground for discontinuing water service to the premises until such requirements have been met.
A. 
As used in this article, the following terms shall have the meanings indicated:
APPROVED
Accepted by the Village of Orchard Park Director of Public Works as meeting an applicable specification stated or cited in this article or as suitable for the proposed use.
AUXILIARY WATER SUPPLY
Any water supply on or available to the premises other than a Village approved water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural source(s) such as a well, spring, stream, rain water, etc., or used waters or industrial fluids. These waters may be contaminated or they may be objectionable and constitute an unacceptable water source over which the water purveyor does not have sanitary control.
BACKFLOW PREVENTION DEVICE, ACCEPTABLE
An acceptable air gap, reduced pressure zone device or double check valve assembly as used to contain potential contamination within a facility. In order for the reduced pressure zone device or the double check valve assembly to be acceptable, it must be listed on the most current version of the New York State Department of Health List of Acceptable Devices (PWS-14).
CROSS-CONNECTION
Any connection or potential connection, which allows or potentially allows for the intermingling of water from any auxiliary water supply or any substance from any other unauthorized source with water from a Village approved public water supply.
CUSTOMER'S WATER SYSTEM
The piping used to convey water supplied by a Village water supply system throughout a customer's facility. The system shall include all those parts of the piping beyond the control point of the Village Water Department. The control point is either the curb valve or the main valve located in the public right-of-way that isolates the customer's facilities from the Village distribution system.
HAZARDOUS FACILITY
One in which substances may be present which, if introduced into the public water system, would or may endanger or have an adverse effect on the health of other water customers. Typical examples: laboratories, sewage treatment plants, chemical plants, hospitals, mortuaries and commercial enterprises. This is also defined as any commercial or business enterprise as defined by the Village of Orchard Park Code.
PUBLIC WATER SUPPLY SYSTEM
The Village water supply system, including the source, treatment works, transmission mains, distribution system and storage facilities serving the public. This includes the distribution system up to its connection with the customer's water system.
REDUCED PRESSURE ZONE (RPZ) DEVICE, ACCEPTABLE
A device containing a minimum of two independently acting check valves, together with an automatically operated pressure differential relief valve located between the two checks valves. During normal flow and at the cessation of normal flow, the pressure between these two checks shall be less than the upstream (supply) pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure. The unit must include tightly closing shutoff valves located at each end of the device, and each device shall be fitted with properly located test cocks.
B. 
Other terms. All other terms are defined in the New York State Department of Health and Village of Orchard Park Cross Control Manuals and policies as now in force or as amended from time to time.
A. 
The customer's water system shall be open for inspection at all reasonable times to authorized representatives of the Village of Orchard Park.
B. 
The Village of Orchard Park shall rate a customer's water system according to its degree of hazard to the public water supply system. Some of the factors to be considered are the use and availability of contaminants, the availability of an auxiliary water supply, and the type of fire-fighting system in use.
C. 
An acceptable backflow prevention device shall be installed on each service line to a customer's water system at or near the property line or immediately inside the building being served but, in all cases, before the first branch line leading off the service line, as follows:
(1) 
Whenever a customer's water system is rated hazardous, an acceptable reduced pressure zone device or air gap shall be installed.
(2) 
Whenever a customer's water system is rated aesthetically objectionable, as a minimum, an acceptable double check valve assembly shall be installed. Unless otherwise determined by the Director of Public Works, one- and two-family residential water systems shall be deemed to have a nonhazardous classification.
D. 
The design of the installation of an acceptable backflow prevention device must be prepared in accordance with New York State laws and regulations. The design must be approved by the Director of Public Works and/or its agent and all agencies required by the applicable New York State and Village of Orchard Park laws and regulations.
E. 
It shall be the duty of the customer at any premises classified as hazardous, pursuant to Subsection C(1) and (2) above where a reduced pressure zone device and/or a double check valve assembly is required, to have certified inspections and operational tests done on every containment device at least once a year. In those instances where the Director of Public Works deems the hazard to be great enough, he may require certified inspections at more frequent intervals. Certified inspections and operational tests must also be made when any reduced pressure zone device is to be installed, repaired, overhauled or replaced, in addition to the requirement of an annual certified inspection and operational test. All inspections and tests shall be at the expense of the customer and shall be performed by a New York State Department of Health (NYSDOH) certified tester approved by the Village of Orchard Park Director of Public Works. The Village Water Department shall make available the names, addresses and telephone numbers of those persons who are certified as testers for such backflow prevention devices. It shall be the responsibility of the water customer, per NYS Sanitary Code 5-1.31(a), (b), and (c), to see that such certified inspections and operational tests are made. The customer shall notify the Director of Public Works in advance, in writing, when the tests are to be undertaken so that he or his representative may witness the tests if the Director so desires. These devices shall be repaired, overhauled or replaced at the expense of the customer whenever said devices are found to be defective. Records of such tests, repairs and overhauls shall be kept and made available to the Director of Public Works. Copies of all testing and maintenance records shall be sent to the Director of Public Works immediately after the work is performed. Protection of the public water supply and the customer's water system must be in full force at all times. (NOTE: There is no grace period for noncompliance or repairs, etc., under any section of this article. Nothing contained in this article grants a license for noncompliance.)
F. 
No water service connection to any customer's water system shall be installed of maintained by the Village of Orchard Park Water Department unless the water supply is protected as required by state laws and regulations and this article. Service of water to any premises shall be discontinued by the Village of Orchard Park Water Department if a backflow prevention device required by this article is not installed, tested and maintained, or if it is found that a backflow prevention device has been removed or by-passed or otherwise compromised. Service will not be restored until such conditions or defects are corrected.
G. 
No customer shall allow any water or other substance from an auxiliary water supply or other source to enter any portion of the customer's internal distribution system, which is connected directly or indirectly, to any Village of Orchard Park public water supply.
A. 
No water service connection to any premises shall be installed or maintained by the water user unless the water supply is protected as required by this article and such other local, state and federal laws, rules and regulations.
B. 
If any facility served by the Village of Orchard Park water system denies a Water Department person access to their premises for the purpose of determining if protection to the public water system is necessary, then the maximum protection condition shall be imposed with the requirement that the number of devices shall equal the number of service lines.
C. 
Penalties.
(1) 
The following penalties shall be applicable for a violation of this article:
(a) 
Failure to obtain approval for the appropriate backflow prevention device installation within 60 days after the first notice: $250 fine.
(b) 
Failure to install the appropriate backflow prevention device installation within 30 days after the second notice: termination of service.
(c) 
Failure to at least annually test and certify that backflow device installation meets the criteria to comply as an acceptable containment device within 10 days of notice: $300 and/or termination of service.
(d) 
Failure to correct, replace or repair a backflow prevention device or the installation as required: $300 and/or termination of service.
(2) 
Any water service terminated under this article shall be subject to the fees of termination for nonpayment in effect at the time of violation.
(3) 
Any penalties under this section shall be treated as though it is for water services and may be placed on tax roll as a lien if unpaid.
D. 
Every day that the customer is in violation of this article represents a separate daily fine.
A. 
Fees for plan review by the New York State Department of Health shall be as set forth in Chapter A232, Fees.
B. 
Fees for inspections for each device shall be required as set forth in Chapter A232, Fees. All other inspections for determination for the need for RPZ shall be as set forth in Chapter A232, Fees.
C. 
Additional reviews and inspections may be charged to the water customer at 1/2 the review or inspection fee for each additional review or inspection as deemed appropriate by the Department of Public Works.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Water meters and/or containment devices, their vaults, protective enclosures, appurtenances and other structures to include those installations and plumbing inside of buildings: It shall be the sole responsibility of the water customer to install and maintain said items at an acceptable level of condition as determined by the Village Water Department and shall be in continuous conformity with governing laws, ordinances, regulations and specifications of the Water Department and the State of New York as now in force or amended.
B. 
It shall be the policy of the Village Water Department to follow the general regulations and standards regarding water distribution systems and especially those covering cross-connection control as adopted by the Erie County Water Authority and the State of New York, notwithstanding the right of the Village Water Department to amend and/or modify those regulations and standards to be more detailed or restrictive at its sole election.
The test reports (Form DOH 1013) for each device shall be submitted to the NYS Health Department and also to the Village of Orchard Park Water Department at least annually or more frequently at the discretion of the water supplier. Unacceptable completion of the test report forms submitted by a tester may result in the Director of Public Works barring future testing by that particular certified tester in the Village of Orchard Park at the sole discretion of the Director of Public Works.
All containment device installation design plans must be approved by both the NYS Health Department and the Village of Orchard Park and the New York State Department of Health. The engineer's report must be accompanied by the NYSDOH design approval criteria as amended from time to time.
For the purposes of inspection, installation, maintenance, repair, turning on or shutting off water, authorized personnel of the Village Water Department shall have free and full access, at all reasonable times, to all parts of any premises supplied with water from the water district or upon which application has been made to the Village Water Department or to which water is reasonably believed to be supplied. Filing of an application shall, in addition to the provisions of this article, be deemed consistent to such access.
The Village of Orchard Park Water Department may engage the services of an expert to manage the cross-connection control program and transfer this cost to the customer for the review of said property.
All internal plumbing must conform to and be maintained in continued conformity with the NYS Uniform Fire Prevention and Building Code[1] and the NYS Sanitary Code, or any amendments made from time to time, as well as any local codes, and may be inspected by the Village of Orchard Park Water Department to qualify its conformity.
[1]
Editor's Note: See Ch. 92, Building Code Administration and Enforcement.