[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.
[1]
Editor's Note: Former § 210-5, Application for permit,
was repealed 10-25-2021 by L.L. No. 5-2021.
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 Manager of Public Works or
Village representative 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.
[Amended 10-25-2021 by L.L. No. 5-2021]
D.
Taps and connections.
[Amended 3-22-2010 by L.L. No. 2-2010]
(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 Manager of Public Works or Village representative.
[Amended 10-25-2021 by L.L. No. 5-2021]
(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.
[Amended 3-22-2010 by L.L. No. 2-2010]
(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 Manager
of Public Works or Village representative or other proper officer
when the pipe is ready for inspection and shall not cover same until
it has been inspected and approved.
[Amended 10-25-2021 by L.L. No. 5-2021]
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 Manager of Public Works
or Village representative. 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.
[Amended 10-25-2021 by L.L. No. 5-2021]
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.
[Amended 3-22-2010 by L.L. No. 2-2010]
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.
[Added 3-22-2010 by L.L.
No. 2-2010]
[Amended 10-25-2021 by L.L. No. 5-2021]
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 Manager of Public Works or Village
representative 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.
[Amended 10-25-2021 by L.L. No. 5-2021]
The Village undertakes to use reasonable care
and diligence to provide a constant supply of water through its mains
to property owners, 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 property owner, 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.
[Amended 10-25-2021 by L.L. No. 5-2021]
It is understood and agreed that the Manager
of Public Works or Village representative or any other employee of
the Village authorized by the Board of Trustees, their agents and
assistants may enter the premises of any property owner 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 property owner 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 property owner without notice and keep it shut off
as long as may be necessary.
[Amended 10-25-2021 by L.L. No. 5-2021]
The Board of Trustees reserves the right to
limit the amount of water furnished to any property owner 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 property owner
of such intended action.
[Amended 10-25-2021 by L.L. No. 5-2021]
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 Manager of Public Works or Village representative may
estimate the amount of the water lost by such leaks and charge the
same to the owner of the premises.
A.
By property owner.
[Amended 3-23-1992 by L.L. No. 4-1992; 3-22-2010 by L.L. No. 2-2010; 10-25-2021 by L.L. No. 5-2021]
(1)
Notice. Any property owner 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.
(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; 3-22-2010 by L.L. No. 2-2010]
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.
[Amended 10-25-2021 by L.L. No. 5-2021]
No person shall use Village water without first
making arrangements with the Department of Public Works.
A.
West Highland
Filling Station.
(1)
Consumption.
Water consumption from the West Highland Filling Station shall be
documented and reported to the Village of Orchard Park Department
of Public Works on a form provided by said DPW.
(2)
Usage
shall be billed to property owner at a rate per gallon established
by the Orchard Park Board of Trustees.
[Amended 10-25-2021 by L.L. No. 5-2021]
No person shall open any fire plug or hydrant
or to draw water therefrom except under the direction of the Manager
of Public Works or Village representative 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 property owner will be charged at the average
consumption as shown by the meter when in order.
[Amended 10-25-2021 by L.L. No. 5-2021]
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 Manager of Public Works or
Village representative.
[Amended 10-25-2021 by L.L. No. 5-2021]
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; 3-22-2010 by L.L. No. 2-2010]
G.
Resident property owners. 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.
[Amended 10-25-2021 by L.L. No. 5-2021]
I.
The Village
of Orchard Park retains the right to specify the size, type, and manufacturer
of meter to be used.
[Added 3-22-2010 by L.L.
No. 2-2010]
J.
The Village
of Orchard Park will supply and install a five-eighths- or one-inch
meter. Larger meters must be purchased and installed by the property
owner under the regulations of the Village of Orchard Park.
[Added 3-22-2010 by L.L.
No. 2-2010; 10-25-2021 by L.L. No. 5-2021]
K.
Meters
larger than one inch must be repaired, upgraded or replaced at the
property owner's expense if the Village of Orchard Park determines
such a meter is defective.
[Added 3-22-2010 by L.L.
No. 2-2010; 10-25-2021 by L.L. No. 5-2021]
L.
The meter
must be placed in a basement or other location approved by the Village
of Orchard Park.
[Added 3-22-2010 by L.L.
No. 2-2010]
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
within one year 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 Manager of Public Works or Village representative.
[Added 3-22-2010 by L.L.
No. 2-2010; amended 10-25-2021 by L.L. No. 5-2021]
N.
The Village
Department of Public Works will perform work on meters up to one inch.
Meters larger than one inch will be the responsibility of the property
owner and inspected by the Village Department of Public Works.
[Added 10-25-2021 by L.L. No. 5-2021]
A.
Amount of water rates.
[Amended 7-12-2004 by L.L. No. 5-2004; 10-25-2021 by L.L. No.
5-2021]
(1)
Establishment of rates. The Board of Trustees shall
from time to time establish water rates for both resident property
owners of water within the Village and nonresident property owners
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
property owner 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.
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 property owners
in the month but the failure of any property owner to receive a bill
promptly shall not excuse nonpayment of the same.
[Amended 7-12-2004 by L.L. No. 5-2004; 10-25-2021 by L.L. No.
5-2021]
(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; 3-22-2010 by L.L. No. 2-2010]
E.
Abatements.
(1)
No abatements from any water bill shall be made where
the owner or property owner 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.
[Amended 10-25-2021 by L.L. No. 5-2021]
(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 property owner to repair promptly any broken or defective
fixture or service.
[Amended 10-25-2021 by L.L. No. 5-2021]
(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.
[Amended 3-22-2010 by L.L. No. 2-2010]
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 Manager of Public
Works or Village representative 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.
[Amended 10-25-2021 by L.L. No. 5-2021]
D.
Water laterals. No person, except the Manager of Public
Works or Village representative 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.
[Amended 10-25-2021 by L.L. No. 5-2021]
[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 Manager of Public Works or Village representative that a violation
has occurred pursuant to this article or that a bill for service or
other charges has become delinquent, the Manager of Public Works or
Village representative 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 property owner. 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. Additionally, notice will be posted on the
entry of buildings where water is scheduled to be terminated, except
for one-family dwellings.
[Amended 3-23-1992 by L.L. No. 4-1992; 10-25-2021 by L.L. No.
5-2021]
B.
Conduct of hearing. At the time and place specified
in the notice, the Manager of Public Works or Village representative
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.
[Amended 10-25-2021 by L.L. No. 5-2021]
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 property owners' internal distribution system(s) or its
property owners' private water system(s) such contaminations or pollutants
which could backflow into the public water supply system; and
[Amended 10-25-2021 by L.L. No. 5-2021]
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).
[Amened 10-25-2021 by L.L. No. 5-2021]
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 property owner's premises for the safety
of the water system, the Water Department or its designated agent
shall give notice, in writing, to said property owner to install such
acceptable backflow prevention device at each service connection to
their premises. The property owner shall immediately install such
approved device or devices at his own expense; and failure, refusal
or inability on the part of the property owner 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.
APPROVED
AUXILIARY WATER SUPPLY
BACKFLOW PREVENTION DEVICE, ACCEPTABLE
CROSS-CONNECTION
HAZARDOUS FACILITY
PROPERTY OWNER'S WATER SYSTEM
PUBLIC WATER SUPPLY SYSTEM
REDUCED PRESSURE ZONE (RPZ) DEVICE, ACCEPTABLE
As used in this article, the following terms shall
have the meanings indicated:
Accepted by the Village of Orchard Park Manager of Public
Works or Village representative as meeting an applicable specification
stated or cited in this article or as suitable for the proposed use.
[Amended 10-25-2021 by L.L. No. 5-2021]
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.
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).
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.
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 property owners. 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.
[Amended 10-25-2021 by L.L. No. 5-2021]
The piping used to convey water supplied by a Village water
supply system throughout a property owner'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 property owner's facilities from the Village distribution system.
[Amended 10-25-2021 by L.L. No. 5-2021]
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 property owner's water system.
[Amended 10-25-2021 by L.L. No. 5-2021]
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 property owner's water system shall be open for
inspection at all reasonable times to authorized representatives of
the Village of Orchard Park.
[Amended 10-25-2021 by L.L. No. 5-2021]
B.
The Village of Orchard Park shall rate a property
owner'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.
[Amended 10-25-2021 by L.L. No. 5-2021]
C.
An acceptable backflow prevention device shall be
installed on each service line to a property owner'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:
[Amended 10-25-2021 by L.L. No. 5-2021]
(1)
Whenever a property owner's water system is rated
hazardous, an acceptable reduced pressure zone device or air gap shall
be installed.
(2)
Whenever a property owner's water system is rated
aesthetically objectionable, as a minimum, an acceptable double check
valve assembly shall be installed. Unless otherwise determined by
the Manager of Public Works or Village representative, 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 Manager of
Public Works or Village representative and/or its agent and all agencies
required by the applicable New York State and Village of Orchard Park
laws and regulations.
[Amended 10-25-2021 by L.L. No. 5-2021]
E.
It shall be the duty of the property owner 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 Manager of Public Works or Village representative 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 property owner and shall be performed by a New York State Department of Health (NYSDOH) certified tester approved by the Village of Orchard Park Manager of Public Works or Village representative. 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 property owner, per NYS Sanitary Code 5-1.31(a), (b), and (c), to see that such certified inspections and operational tests are made. The property owner shall notify the Manager of Public Works or Village representative 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 property owner whenever said devices are found to be defective. Records of such tests, repairs and overhauls shall be kept and made available to the Manager of Public Works or Village representative. Copies of all testing and maintenance records shall be sent to the Manager of Public Works or Village representative immediately after the work is performed. Protection of the public water supply and the property owner'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.)
[Amended 10-25-2021 by L.L. No. 5-2021]
F.
No water service connection to any property owner'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.
[Amended 10-25-2021 by L.L. No. 5-2021]
G.
No property owner shall allow any water or other substance
from an auxiliary water supply or other source to enter any portion
of the property owner's internal distribution system, which is connected
directly or indirectly, to any Village of Orchard Park public water
supply.
[Amended 10-25-2021 by L.L. No. 5-2021]
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 property owner is in violation
of this article represents a separate daily fine.
[Amended 10-25-2021 by L.L. No. 5-2021]
[Amended 3-22-2010 by L.L. No. 2-2010]
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 property owner at 1/2 the review or inspection fee for
each additional review or inspection as deemed appropriate by the
Department of Public Works.
[Amended 10-25-2021 by L.L. No. 5-2021]
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 property owner 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.
[Amended 10-25-2021 by L.L. No. 5-2021]
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.
[Amended 10-25-2021 by L.L. No. 5-2021]
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 Manager
of Public Works or Village representative barring future testing by
that particular certified tester in the Village of Orchard Park at
the sole discretion of the Manager of Public Works or Village representative.
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.
[Amended 10-25-2021 by L.L. No. 5-2021]
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 property owner 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.
