[HISTORY: Adopted by the Board of Trustees
of the Village of Kinderhook as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-6-1978 by L.L. No. 5-1978 (Ch.
94 of the 1978 Code)]
The following rules and regulations of the Board
of Trustees shall be considered a part of the contract with each and
every party using or applying for the use of the Village water, and
the fact of using such water shall be considered an assent on the
part of the user to the same and a covenant on the user's part to
be bound thereby.
[Amended 9-10-2003 by L.L. No. 2-2003;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person other than the Water Commissioner
or the person employed by the Village of Kinderhook or authorized
in writing will be permitted to tap or make any attachment with the
pipe of the waterworks or to make any repairs, additions or alterations
to any tap, cock or other fixtures for the introduction of service
pipes from the main to the meter.
A.
Application for a permit to connect service or supply
pipes with the distribution pipes shall be made by the person desiring
a supply of water; such application shall state fully and fairly the
several and various uses for and the manner in which the water is
to be used, and shall be signed by the owner of the premises or the
owner's authorized agent or attorney.[1] No applicant shall use water from the pipes for any purpose
not embraced in the application or willfully or unreasonably waste
the water or allow others than the applicant, the applicant's family
and servants to use the water from said pipes, except for drinking
on premises. The permit granted will specify the particular uses applied
for and when thereafter any other use of water or additional service
pipe is desired, further application as aforesaid must be made and
permit obtained. The application shall be approved by the Water Commissioner.
[Amended 9-10-2003 by L.L. No. 2-2003]
[1]
Editor's Note: An application form is included as an attachment to this chapter.
B.
The Board of Trustees reserves the right to limit
the amount of water to any consumer or to consumers in general. The
Board, whenever in its opinion conditions so dictate, may order the
use of water outside of residence buildings for lawn sprinkling, gardening,
pool filling and other outside uses limited or prohibited. Publication
of such decision in a newspaper of general circulation in the Village
or publication on the Village website or publication via email to
the residents shall be considered sufficient notice of such decision.
[Added 9-10-1997 by L.L. No. 2-1997;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No permit will be granted for tapping of water
mains or the connecting of service or supply pipes, or for any alteration
of or addition to the same, or of any plumbing to the introduction
of service pipe in any street, until there is paid a sufficient sum
to cover the expense thereof, to be determined by the Board of Trustees.
Persons taking water must keep their own water
pipes and all fixtures connected therewith in good repair and protected
from frost at their own expense, and all damages caused by the neglect
of owners or occupants of buildings to keep the connecting or supply
pipes and other fixtures connected therewith in good order must, by
law, be paid by them.
[Amended 9-10-2003 by L.L. No. 2-2003]
All property owners supplied through any water
meter shall pay for all necessary repairs to same when damaged or
destroyed by frost or other causes, the Village of Kinderhook to make
all such repairs at cost.
[Amended 9-10-2003 by L.L. No. 2-2003]
The Village of Kinderhook shall supply a water
meter on every service pipe and after the placing of such meter, all
water delivered to the property supplied by such service pipe shall
be paid for at the schedule of meter rates in force or at any such
schedule of meter rates as may at any time be adopted by the Board
of Trustees. The Village of Kinderhook, its agents, officers and assistants
may enter the premises of any water consumer at any reasonable time
to examine the pipes and fixtures, to ascertain the quantity of water
used and the manner of its use and for any other purpose in connection
with said water system.
[Amended 9-10-2003 by L.L. No. 2-2003]
Whenever two or more several parties or families
are supplied with water from the same service pipe, upon the failure
of any one of the parties to pay the water rent when due or to comply
with the published rules and regulations of the Board of Trustees,
the Water Commissioner shall withhold all supply from such service
pipe without liability in damages to either of the other parties.
[Amended 9-10-2003 by L.L. No. 2-2003]
Any person wishing to discontinue the use of
water must give written notice thereof at the office of the Village
Clerk previous to the expiration of the time for which payment has
been made; otherwise they will be liable for the rent for the ensuing
six months.
When the supply of water to any premises or
any part thereof is turned off by the direction of the Water Commissioner,
no person shall turn it on without the permission of the Water Commissioner.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person or persons except the Water Commissioner
or those acting with the Commissioner's permission or under the Commissioner's
direction shall open or close any valve or gate in the street main
or molest or interfere with the same in any manner.
A.
No person or persons shall open any fireplug or hydrant
or draw water therefrom except the Water Commissioner or persons under
the Commissioner's direction or with the Commissioner's permission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
If water service from a hydrant is desired by any
resident, such as for filling of a swimming pool, application in writing
will be made to the Village Clerk and there will be a fee of as set
from time to time by resolution of the Village Board of Trustees in
addition to the normal charge for water. The application shall be
approved by the Water Commissioner. Only the Superintendent of Public
Works or the Superintendent's authorized assistant will use a Village
hydrant for this purpose. Purchaser assumes all liability to their
property for this service.
[Amended 9-10-2003 by L.L. No. 2-2003]
C.
The Chief of the Fire Department, the Chief's assistants
and officers and members of said Department are authorized to use
the hydrants and plugs for the purpose of extinguishing fire or cleaning
hose or Department materials or making trials of hose of the Department,
but all such uses shall be under the direction and supervision of
the Chief or the Chief's assistants, and in no event shall an inexperienced
person be permitted to manipulate or control in any way any hydrant,
plug or other fixture.
Before any water can be used for building or
special purposes, permission must be obtained from the Water Commissioner
by the owner or authorized agent of the property on which said water
is to be used, and the nature and approximate amount of work to be
done must be determined before the work is commenced.
In case any water meter shall fail to register
the quantity of water passing through the same, the property owner
will be charged at the rate of consumption of the prior period as
registered.
No person shall be entitled to damages or to
have any portion of a payment refunded for any stoppage of supply
occasioned by accident of any portion of the works, or for stoppage
for purposes of additions or repairs, or for nonuse occasioned by
absence, and the Water Department shall have the right to shut off
the water to make repairs or additions of new works. The Board of
Trustees or any employee of the Water Department shall not be responsible
for any accident or damages that may occur by reason of any steam
boilers being fed directly from the mains, nor for any damages that
may result in consequence of any boiler being unprovided with vacuum
or other valves or by reason of the imperfect action of such valves,
nor for any lack of strength in the boilers or their appurtenances
to resist the pressure from the distributing mains. No claim shall
be valid against the Village Board of Trustees or any employee of
the Water Department by reason of the inadequacy or breakage of any
service pipe, fittings or fixtures, or arising out of any accident
or damage that may result from shutting off the water for repairs
of mains, for new work or any purpose whatever.
Every person who shall violate any of the provisions
of these rules and regulations shall, for each violation, upon conviction,
be punished by a fine not exceeding $250.
A.
For any violation of the rules and regulations of
the Kinderhook water system, the water may be shut off without notice
and will not be turned on again until a fee set by the Board of Trustees
is paid, and no claim for damage or rebate will be allowed by reason
of the water being shut off.
B.
Nonpayment of bills. All water bills remaining unpaid
45 days after presentation will result in the discontinuance of water
service following written notice sent to the consumer. Such water
shall not be restored until the bill and all penalties, service and
administration charges have been paid in full.
[Added 6-17-1992 by L.L. No. 1-1992]
All meter bills shall be due and payable according
to the schedule set by the Board of Trustees. The Board of Trustees
reserves the right to change the rates as it may deem advisable without
affecting any other provisions of this contract.
[Added 9-10-2003 by L.L. No. 2-2003]
No water shall be supplied to any residence
or building outside of the boundaries of Village of Kinderhook unless
an application is submitted and approved by resolution of the Board
of Trustees. All water rules in this section shall apply to such use
and all fees and water rates shall be double those charged to users
within the Village.
[Adopted 2-12-2003 by L.L. No. 1-2003]
A.
The rules and regulations hereafter given, duly made
and enacted by the Village of Kinderhook under the authority of Section
10 of the Municipal Home Rule Law of the State of New York shall apply
to all present and future wells of the public water supply of the
Village of Kinderhook, Columbia County, New York.
B.
Wherever a linear distance of an activity from a well
is mentioned in these rules, it is intended to mean the shortest horizontal
distance from the nearest point of the activity to such well.
For the purposes of interpreting these rules
and regulations, the following definitions shall be controlling:
Storage in any stationary tank or vessel which is not entirely
covered with earth or other backfill material.
Any bulk quantities of chloride compounds and/or other deicing
compounds intended for application to roads, including mixtures of
sand and chloride compounds in any proportion where the chloride compounds
constitute over 8% of the mixture. Bulk quantity of deicing compounds
means any quantity, but does not include any chloride compounds in
a solid form which are packaged in waterproof bags or containers which
do not exceed 100 pounds each.
The abandonment, burial, discharge, deposit, injection, dumping,
spilling, leaking, or release by any other means of a substance to
the surface or subsurface of the ground, surface water, groundwater,
or wetlands.
Any commercially produced mixture generally containing phosphorous,
nitrogen, and potassium which is applied to the ground to increase
nutrients from plants.
Any substance listed as a hazardous substance in 6 NYCRR
Part 597, Hazardous Substance List, or a mixture thereof. In general,
a hazardous substance means any substance which:
Because of its quantity, concentration, or physical,
chemical, or infectious characteristics poses a significant hazard
to human health or safety if improperly treated, stored, transported,
disposed of; or otherwise managed;
Poses a present or potential hazard to the environment
when improperly treated, stored, transported, disposed of, or otherwise
managed;
Because of its toxicity or concentration within
biological chains, presents a demonstrated threat to biological life
cycles when released into the environment.
A waste, or combination of wastes, which are identified or
listed as hazardous pursuant to 6 NYCRR Part 371, Identification and
Listing of Hazardous Wastes. Hazardous wastes include, but are not
limited to, petroleum products, organic chemical solvents, heavy metal
sludges, acids with a pH less than or equal to 2.0, alkalies with
a pH greater than or equal to 12.5, radioactive substances, pathological
or infectious wastes, or any material exhibiting the characteristics
of ignitability, corrosivity, reactivity, or fails the Toxicity Characteristic
Leaching Procedure (TCLP).
The use of petroleum to heat or cool a residential or nonresidential
structure or to operate machinery necessary for agricultural activities.
On-site consumption does not include the on-site use of petroleum
for processing or manufacturing activities or the sale or distribution
of petroleum for or into vehicles, except vehicles used for agricultural
operations on that site.
Any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any insects, rodents, fungi,
weeds, or other form of plant or animal life or viruses, except viruses
on or in living human or other animal and any substance or mixture
of substances intended for use as a plant regulator, defoliant, or
desiccant, and those substances defined pursuant to Environmental
Conservation Law § 17-0105. These substances include, but
are not limited to, herbicides, fungicides, insecticides, and rodenticides.
Any petroleum-based oil of any kind which is liquid at 20º
Celsius under atmospheric pressure and has been refined, re-refined,
or otherwise processed for the purpose of being burned to produce
heat or energy, as a motor fuel or lubricant, or in the operation
of hydraulic equipment.
The contents of a septic tank cesspool, or other individual
wastewater treatment work which receives domestic sewage wastes.
The combination of human and household waste with water which
is discharged to the home plumbing system including the waste from
a flush toilet, bath, sink, lavatory, dishwashing or laundry machine,
or water treatment device.
The solid, semisolid, or liquid waste generated from a waste
processing facility, but does not include the liquid stream of effluent.
Any garbage, refuse, sludge from a wastewater treatment plant,
water supply treatment plant, or air pollution control facility and
other discarded materials, including solid, liquid, semisolid, or
contained gaseous material, resulting from industrial, commercial,
mining and agricultural operations, and from community activities.
Lakes, bays, sounds, ponds, impounding reservoirs, and springs,
rivers, streams, creeks, wetlands, and marshes, and all other perennial
bodies of surface water, natural or artificial, public or private.
Aqueous-carried waste, including but not limited to dredge
spoil, solid waste, hazardous waste, incinerator ash and residue,
sewage, garbage, refuse, sludge, chemical waste, infectious waste,
biological material, radioactive materials, heat, and industrial,
municipal, and agricultural waste.
A visible path through which surface water travels on a regular
basis. A drainage ditch, swale, or surface feature that contains water
only during and immediately after a rainstorm or a snowmelt shall
not be considered to be a watercourse.
The surface and subsurface area through which contaminants
are reasonably likely to move toward and reach the Village of Kinderhook
water supply wells as delineated by the New York Rural Water Association.
An area(s) of marshes or swamps which have been designated
as such as by the New York State Department of Environmental Conservation
or other agency having jurisdiction. Marshes and swamps that have
not been classified by an agency as wetland shall not be treated as
a wetland.
No person shall engage in any of the following
activities within the wellhead protection area:
A.
Disposal of solid waste, petroleum, radioactive material,
hazardous substance, hazardous waste, or wastewater (except for sewage).
B.
Surface land application of septage, sewage, sludge,
or human excreta.
C.
Underground storage of petroleum products, hazardous
substances, hazardous waste, pesticides, or fertilizers.
D.
Aboveground storage of petroleum except for replacement
of existing facilities or for on-site consumption.
E.
Outdoor, aboveground storage of hazardous substances,
hazardous waste, or pesticides.
F.
Outdoor uncovered stockpiling or bulk storage of coal,
deicing compounds, or fertilizers.
G.
Discharge from the washing of pesticide and/or fertilizer
application equipment into any watercourse, surface water, or wetland.
H.
Use of water directly from a watercourse or surface
water for pesticide and/or fertilizer makeup without the use of an
antisiphon device.
I.
Any intentional, knowing or reckless act or omission
that in the course of an agricultural activity significantly increases
pollutants in the wellhead protection area and/or threatens the safety
of the public drinking water supply of the Village of Kinderhook.
A.
No person shall engage in any of the following activities
within 100 feet of the mean high-water mark of any watercourse, surface
water, or wetland within the wellhead protection area:
B.
No person shall engage in any of the following activities
within 200 feet of any supply well operated by the Village of Kinderhook:
(1)
Disposal of snow containing deicing salts/chemicals
removed from streets, roads, and parking areas.
(2)
Placement, piling, or spreading of manure or compost
of any kind.
(3)
Storage of petroleum or hazardous substances except
for the provision of drinking water.
(4)
Keeping or grazing of livestock or other domestic
animals.
(5)
Stockpiling of coal, deicing compounds, and other
chemicals.
C.
No person shall engage in any of the following activities
within 300 feet of any supply well operated by the Village of Kinderhook:
Within the wellhead protection area, any person
who is responsible for or has knowledge of any spill of any hazardous
substance, petroleum, or radioactive material to the ground surface,
surface water body, or wetland shall notify the New York State Department
of Environmental Conservation and the Village of Kinderhook within
two hours of such spill, or when knowledge of such spill is obtained.
A.
Any legally authorized representative(s) of the Village
may, at a reasonable time and in a reasonable manner, enter and inspect
any place or facility to ascertain compliance with these rules and
regulations.
B.
Any legally authorized representative(s) of the Village
may enter such grounds, structures, buildings, and places without
fee or hindrance.
A.
Any person or entity who commits or permits acts in
violation of any of the provisions of these rules and regulations
shall be deemed to have committed an offense and shall be liable for
any such violation and the penalty therefor.
B.
For every such violation, the person or entity violating
the same shall be subject to a fine of not more than $250. However,
each day of continued violation shall be deemed a separate offense.
C.
Any person or entity violating these rules and regulations
shall also be subject to a civil penalty enforceable and collectible
by the Village in the amount of $250 for each such offense. Such penalty
shall be collectible by the Village for each day that such violation
shall continue.
D.
The Village of Kinderhook may also maintain an action
or proceeding in a court of competent jurisdiction to compel compliance
with or restrain by injunction the violation of the provisions of
these rules and regulations.
A.
The Village Board of Trustees may, at their discretion,
upon written application from the applicant, grant a variance from
the requirements of these rules and regulations for a regulated activity.
An application for a variance for a regulated activity shall:
(1)
Identify the specific provision of the rules and regulations
from which the variance is sought.
(2)
Demonstrate that the variance requested is the minimum
necessary to afford relief.
(3)
Demonstrate that the activity as proposed includes
adequate mitigation measures to avoid contamination to or degradation
of the water supply which are at least as protective of the water
supply as the standards for regulated activities set forth in these
rules and regulations.
(4)
Demonstrate that for the proposed activity for which
the variance is requested, compliance with the identified provision
of the rules and regulations would create a substantial hardship due
to site conditions or limitations.
B.
In granting variances, the Village Board of Trustees
may impose specific conditions, including evidence of financial security,
time limitations and limitations on any transfer of the variance granted.
In addition, the Village Board of Trustees may grant a lesser variance
than that applied for.
The wellhead protection area in the Village
of Kinderhook, as delineated by New York Rural Water Association,
is depicted on the accompanying map entitled "Wellhead Protection
Area in the Village of Kinderhook" that is incorporated and made part
of this article.[1]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
