[HISTORY: Adopted by the Board of Trustees
of the Village of Orchard Park as indicated in article histories.
Amendments noted where applicable.]
[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]
(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.
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.
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]
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]
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.
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.
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.
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]
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]
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]
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.
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]
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.
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.
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.
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.
