[HISTORY: Adopted by the Board of Trustees
of the Village of Clyde as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-18-1989 by L.L. No. 3-1989]
A.
The purpose of this article is to safeguard the Village
of Clyde water system by preventing backflow into public water systems.
B.
10 NYCRR 5-1.31 et seq. requires that, among other
things, when a supplier of water instructs the user of a public water
supply to protect his water service connection by the installation
of a protective device, plans for the installation of the protective
device must be submitted to the supplier of water and to the state
for approval.
C.
It is the intent of this article to recognize that
there are varying degrees of hazard, and the degree of protection
should be commensurate with the degree of hazard.
As used in this article, the following terms shall have the
meanings indicated:
AIR-GAP SEPARATION — A physical
break between a supply pipe and a receiving vessel. The air gap shall
be at least double the diameter of the supply pipe, measured vertically
above the top rim of the vessel, in no case less than one inch.
- APPROVED CHECK VALVE
- A check valve that seats readily and completely. It must be carefully machined to have free moving parts and assured watertightness. The face of the closure element and valve seat must be bronze composition, or other noncorrodible material which will seat tightly under all prevailing conditions of field use. Pins and bushing shall be of bronze or other noncorrodible, nonsticking material, machined for easy, dependable operation. The closure element, e.g., clapper, shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where the feature is obtainable.
- APPROVED DOUBLE CHECK VALVE ASSEMBLY
- An assembly of at least two independently acting check valves, including tightly closing shutoff valves on each side of the check valve assembly, and suitable leak-detector drains plus connections available for testing for watertightness of each check valve. This device must be approved as a complete assembly.
- A. The term "approved reduced pressure principle backflow prevention device" means a device incorporating two or more check valves and an automatically operating differential relief valve located between the two check, two shutoff valves, and equipped with necessary appurtenances of testing. The device shall operate to maintain the pressure in the zone between the two check valves, less than the pressure on the public water supply side of the device.
- B. At cessation of normal flow, the pressure between check valves shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere, thereby providing an air gap in the device. In order to be approved, these devices must be readily accessible for maintenance and testing and installed in a location where no part of the valve will be submerged. The enclosure must be self-draining to other than sanitary sewer, so that the large amount of water which the relief valve may vent will be disposed of reliably without submergence of the relief valve.
- C. This device must also be approved as a complete assembly.
- APPROVED WATER SUPPLY
- Any water supply approved by the New York State Department of Health.
- AUXILIARY SUPPLY
- Any water supply on or available to the premises other than the approved public water supply.
- BAROMETRIC LOOP
- A loop of pipe rising approximately 35 feet, at its topmost point, above the highest fixture it supplies.
- CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
- A person who is examined by the water purveyor, and found competent for the testing of backflow prevention devices. He/she shall be provided with an appropriate identification card. Failure to perform his duties competently and conscientiously will result in prompt withdrawal of his certification.
- CROSS-CONNECTION
- Any unprotected connection between any part of a water system used or intended to supply water for drinking purposes and any source of system containing water or substance that is not or cannot be approved as equally safe, wholesome, and potable for human consumption.
- VACUUM BREAKER, NONPRESSURE TYPE
- A vacuum breaker which is designed so as not to be subjected to static line pressure.
- VACUUM BREAKER, PRESSURE TYPE
- A vacuum breaker designed to operate under conditions of static line pressure.
- WATER SUPERVISOR
- The consumer or a person on the premises charged with the responsibility of complete knowledge and understanding of the water supply piping within the premises and for maintaining the consumer's water system free from cross-connection and other sanitary defects, as required by regulations and laws.
A.
Where protection is required.
(1)
Each service connection from a public water system
for supplying water to premises having an auxiliary water supply shall
be protected against backflow of water from the premises into the
public water system, unless the auxiliary water supply is approved
as an additional source by the water purveyor and is satisfactory
to the public health agency having jurisdiction with regard to quality
and safety.
(2)
Each service connection from a public water system
for supplying water to premises, on which any substance is handled
under pressure in such fashion as to permit entry into the water system,
shall be protected against backflow of water from the premises into
the public waters and waters originating from the public water supply
system which may have been subject to deterioration in sanitary or
chemical quality.
(3)
Each service connection from a public water system
for supplying water to premises on which a substance of unusually
toxic concentration or danger to health is handled in liquid form,
even though it is not under pressure, shall be protected against backflow
of the water from premises into the public system. Examples are plating
factories, using cyanide and hospitals. This is not intended to apply
to normal household installations.
(4)
Backflow prevention devices shall be installed on
the service connection to any premises that have internal cross-connections,
unless such cross-connections are abated to the satisfaction of the
water purveyor.
(5)
It shall be the responsibility of the water user to
provide and maintain these protective devices, and each one must be
of a type acceptable to the State Health Department.
B.
Type of protection. The protective device required
shall depend on the degree of hazard as tabulated below:
(1)
At the service connection to any premises where there
is an auxiliary water supply handled in a separate piping system with
no known cross-connection, the public water supply shall be protected
by an approved double check valve assembly.
(2)
At the service connection on the premises on which
there is an auxiliary water supply where cross-connections are known
to exist, which cannot be presently eliminated, the public water supply
system shall be protected by an air gap separation or an approved
reduced pressure principle backflow prevention device.
(3)
At the service connection to any premises on which
a substance that would be objectionable (but not necessarily hazardous
to health if introduced into the public water supply) is handled so
as to constitute a cross-connection, the public water supply shall
be protected by an approved double check valve assembly.
(4)
At the service connection to any premises on which
a substance of unusual toxic concentration or danger to health is
or may be handled, but not under pressure, the public water supply
shall be protected by an air gap separation or an approved reduced
pressure principle backflow prevention device. This device shall be
located as close as practicable to the water meter, and all piping
between the water meter and receiving tanks shall be entirely visible.
(5)
At the service connection to any premises on which
any material dangerous to heath, or toxic substance in toxic concentration,
is or may be handled under pressure, the public water supply shall
be protected by an air gap separation. The air gap shall be located
as close as practicable to the water meter, and all piping between
the water meter and receiving tanks shall be entirely visible. If
these conditions cannot reasonably be met, the public water supply
shall be protected with an approved reduced pressure principle backflow
prevention device, providing the alternative is acceptable to the
water purveyor.
(6)
At the service connection to any sewage treatment
plant or sewage pumping station, the public water supply shall be
protected by an air gap separation, the air gap shall be located as
close as practicable to the water meter and all piping between the
water meter and receiving tanks shall be entirely visible. If these
conditions cannot be reasonably met, the public water supply shall
be protected with an approved reduced pressure principle backflow
prevention device.
C.
Frequency of inspection of protective devices.
(1)
It shall be the duty of the water user, on any premises
on account of which backflow protective devices are installed, to
have competent inspections made at least once a year, or more often
in those instances where successive inspections indicate repeated
failure. These devices shall be repaired, overhauled or replaced at
the expense of the water user whenever they are found to be defective.
These tests shall be performed by a qualified backflow prevention
test and shall be performed by a qualified backflow prevention device
tester, and all test results shall be provided to the water purveyor
within 72 hours after the test is made.
(2)
Records of such tests, repairs, and overhaul shall
also be kept and made available to the water purveyor and the local
Health Department upon request.
A.
Separate drinking water systems. Whenever the plumbing
inspector determines that it is not practical to protect drinking
water systems on premises against entry of water from a source or
piping system or equipment that cannot be approved as safe or potable
for human use, an entirely separate drinking water system shall be
installed to supply water at points convenient for consumers.
B.
Fire systems.
(1)
Water system for fighting fire, derived from a supply
that cannot be approved as safe or potable for human use shall, wherever
practicable, be kept wholly separate from drinking water pipelines
and equipment. In cases where the domestic water system is used for
both drinking and fire-fighting purposes, approved backflow prevention
devices shall be installed to protect such individual drinking water
lines as are not used for fire-fighting purposes. Any auxiliary fire-fighting
water supply which is not approved for potable purposes, but which
is so connected that it may be introduced into potable water piping
during an emergency, shall be equipped with an approved automatic
chlorination machine. It is herby declared that it is the responsibility
of the person or persons causing the introduction of said unapproved
or unsafe water into the pipelines to: 1) see that a procedure be
developed and carried out to notify and protect users of this piping
system during the emergency; and (2) flush out all pipelines which
may become contaminated before they are again used to furnish drinking
water. In the event the means of protection of water consumers is
by disinfection of the auxiliary fire-fighting supply, the installation
and its use shall be thoroughly reliable.
C.
Process waters.
(1)
Potable water pipelines connected to equipment for
industrial processes or operations shall be protected by a suitable
backflow prevention device located beyond the last point from which
drinking water may be taken, which device shall be provided on the
feed line to process piping or equipment.
(2)
In the event the particular process liquid is especially
corrosive or apt to prevent reliable action for the backflow prevention
device, air gap separation shall be provided. These devices shall
be tested by the water user at least once a year or more often in
those instances where successive inspections indicated repeated failure.
The devices shall be repaired, overhauled or replaced whenever they
are found to be defective. These tests must be performed by a qualified
backflow prevention device tester, and records of tests, repairs and
replacement shall be kept and made available to the water purveyor
and the Health Department upon request.
D.
Sewage treatment plants and pumping stations. Sewage
pumps shall not have priming connections directly off any drinking
water systems. No connections shall exist between the drinking water
system and any other piping, equipment, or tank in any sewage treatment
plant or sewage pumping station.
E.
Plumbing connections.
(1)
Where the circumstances are such that there is special
danger to health by the backflow of sewage, as from sewers, toilets,
hospital bedpans and the like, into a drinking water system, a dependable
device or devices shall be installed to prevent such backflow.
(2)
The purpose of these regulations is not to transcend
local plumbing regulations, but only to deal with those extraordinary
situations where sewage may be forced or drawn into the drinking water
piping. This article does not attempt to eliminate at this time the
hazards of backsiphonage through flushometer valves on any toilet,
but deals with those situations where the likelihood of vacuum conditions
in the drinking water system is definite and there is special danger
to health. Devices suited to the purpose of avoiding backsiphonage
from plumbing fixtures are roof tanks, barometric loops or separate
pressure systems separately piped to supply such fixtures, recognized
approved vacuum or siphon breaker and other backflow protective devices
which have been proved by appropriate tests to be dependable for destroying
the vacuum.
(3)
Inasmuch as many of serious hazards of this kind are
due to water supply piping which is too small, thereby causing vacuum
conditions when fixtures are flushed or water is drawn from the system
in other ways, it is recommended that water supply piping that is
too small be enlarged whenever possible.
F.
Pier and dock hydrants. Backflow protection by a suitable
backflow prevention device shall be provided on each drinking water
pierhead outlet used for supplying vessels at piers or waterfronts.
These assemblies must be located where they will prevent the return
of any water from the vessel into the drinking water pipeline or into
another adjacent vessel. This will prevent such practices as connecting
the ship fire-pumping of sanitary pumping system with a dock hydrant
and thereby pumping contaminated water into the drinking water system,
and thence to adjacent vessels or back into the public mains.
G.
Marking safe and unsafe water lines.
(1)
Where the premises contain dual or multiple water
systems and piping, the exposed portion of pipelines shall be painted,
banded or marked at sufficient intervals to distinguish clearly which
water is safe and which is not safe. All outlets from secondary or
other potentially contaminated systems shall be posted as being contaminated
and unsafe for drinking purposes. All outlets intended for drinking
purposes shall be plainly marked to indicate that fact.
(2)
Water supervisor. The Health Department and the water
purveyor shall be kept informed of the identity of the person responsible
for the water piping on all premises concerned with these regulations.
At each premises where it is necessary, in the opinion of the water
purveyor, a water supervisor shall be designated. This water supervisor
shall be responsible for the installation and use of pipelines and
equipment and for the avoidance of cross-connections.
(3)
In the event of contamination or pollution of the
drinking water system due to a cross-connection on the premises, the
local health officer and water purveyor shall be promptly advised
by the person responsible for the water system so that appropriate
measures may be taken to overcome the contamination.
A.
No water service connection to any premises shall
be installed or maintained by the water purveyor unless the water
supply is protected as required by state regulations and this article.
B.
Service or water to any premises may be discontinued
by the water purveyor, if a backflow preventive device required by
this article or state regulation is not installed, tested, and maintained
or if any defect is found in an installed backflow preventive device,
or if it is found that a backflow preventive device has been removed
or bypassed or if unprotected cross-connections exist on the premises
or there is any other violation of the standards set forth in 10 NYCRR
5-1.31 et seq. Service will not be restored until such conditions
or defects are corrected to the satisfaction of the Village of Clyde.
The following notice shall be sent to the owner of record according
to the records of the Village of Clyde, and such notice shall also
be sent to any tenant or occupant by first-class mail:
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Village of Clyde Water Shutoff Notice
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You have failed to comply with 10 NYCRR 5-1.31
et seq. and have, therefore, violated Local Law § _____,
of the Village of Clyde. It is the responsibility of the Village of
Clyde to comply with certain provisions of the New York State Sanitary
Code and protect the Village water supply. You have 10 days from the
date of this notice to comply, to wit: __________ ____________________
In the event you do not comply, your water service at _____ ____________________
shall be terminated until satisfactory proof is furnished regarding
such compliance and you may be subject to a fine as provided by Local
Law § _____ of the Village of Clyde. Such water termination
shall not be scheduled until after the next regularly scheduled monthly
Board Meeting of the Village Board of the Village of Clyde. That said
shutoff notice shall be mailed by first-class mail to the owner and
to any tenants.
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Grievance Procedure
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Please take notice that you may contest this
action of the Village of Clyde by contacting the Village Municipal
Building, Clyde, New York and the Water Clerk. If the matter of the
water turnoff cannot be resolved the Water Clerk, you may also contest
the turnoff by meeting with the Village Board at any regularly scheduled
Board meeting. Information regarding the time of such Board meetings
will be made available by the Village Clerk. Request to be made at
least 24 hours before scheduled Board meeting. You may also present
any evidence on your behalf at said meeting. This notice is not intended
to exclusively list any and all rights that you may have at law or
at equity.
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All applications must be accompanied by plans,
specifications and an engineer's report describing the project in
detail. The application must be signed by a NYS registered professional
engineer. The project must first be submitted to the water supplier,
who will forward it to the Village Engineer. This form must be prepared
in quadruplicate with four copies of all plans, specifications and
descriptive literature.
The following is an example list of facilities
that are especially likely to have cross-connection hazards. The list
is not intended to be all inclusive.
A.
Automotive plants.
B.
Auxiliary water systems, such as wells.
C.
Beverage bottling plants.
D.
Breweries.
E.
Food processing plants.
F.
Chemical plants and plating facilities.
G.
Film laboratories.
H.
Hospitals, medical buildings, sanitariums, morgues
and mortuaries.
I.
Irrigation systems.
J.
Laundries and dye works.
K.
Meat packing plants.
L.
Metal manufacturing, cleaning and fabricating plants.
M.
Radioactive materials production or research plants.
N.
Restricted, classified or other facilities closed
to the public.
O.
Sewage.
P.
Buildings heated by boilers where treatment chemicals
are used.
Q.
Buildings with certain types of air-conditioning systems.
R.
Swimming pools.
S.
Printing operations.
T.
Furniture stripping.
U.
Lawn care services.
[Adopted 8-19-2004 by L.L. No. 1-2004]
As used in this article, the following terms shall have the
meanings indicated:
APPLICANT — Any person making
a request, in writing, for any service to be rendered by the Water
Commission.
- BUILDER, CONTRACTOR or REAL ESTATE DEVELOPER
- Any person owning or having an interest in a plot or tract of land, who applies for a supply of water to such premises which are intended to be sold, conveyed or leased by said person to an owner.
- CONSUMER or CUSTOMER
- The person legally or equitably responsible for the payment of charges for water or other facilities and services furnished by the Water Commission.
- FIRE-PROTECTION SYSTEMS
- Water sprinkler systems on private premises for the purpose of private fire protection.
- OCCUPANT
- The person actually in possession or control of any premises or part thereof who is a consumer.
- OWNER
- The person who has legal or equitable title to any premises.
- OWNER OF PROPERTY
- Billed and shall be responsible for such regardless of who resides on said premises.
- A. A property or location, whether or not occupied by a structure, and shall include the entire front footage thereof abutting on a street whereat the service of water is requested or furnished for any part thereof;
- B. A building under one roof owned or leased by one customer, and occupied as one residence or one place of business;
- C. A combination of buildings owned or leased by one customer, in one common enclosure, occupied by one family, or one corporation or firm, as a residence or place of business;
- D. Each unit of a multiple house or building separated by a solid vertical partition wall, occupied by one family, or one firm, as a residence or place of business;
- E. A building owned or leased by one customer having a number of apartments, offices, or lofts which are rented to tenants, and using in common one hall and one or more means of entrance;
- F. A building two or more stories high under one roof, owned or leased by one customer having an individual entrance for the ground floor occupants and one for the occupants of the upper floors;
- G. Garden apartments owned by one individual or firm and located in one common enclosure;
- H. A motor trailer court owned by one individual or firm and located in one common enclosure.
- PRIVATE FIRE-PROTECTION SYSTEM
- Water mains, pipes, hydrants, sprinklers, and other facilities installed on private premises or on a public or private street for the purpose of private fire protection.
- SERVICE CONNECTION
- The facilities and equipment used to supply water to any premises and which are installed within the limits of the street between the main and the curb box shutoff of the premises to be served.
- WATER COMMISSION
- The Board of Water Commissioners, which represent the Village of Clyde, owner of the municipal water supply system.
[Amended 9-16-2004 by L.L. No. 2-2004[1]]
Application for supply of water is to be made by making application
to the Water Department Clerk at least 10 days prior to installation
date.
B.
These installation
fees are for new services installed between April 1 through November
30. New services installed December 1 though March 31 are charged
the above fees, plus costs. Upon payment of such additional charges,
water service will be turned on
C.
These fees
cover installation from the main to the curb box. An additional turn-on
fee, as set by resolution of the Village Board of Trustees, will be
charged.
D.
When required,
a backflow preventor, as required by Part 5-1.31 of the New York State
Sanitary Code, will be installed and maintained. The owner shall take
other necessary steps required to the satisfaction of the Village
for installing the meter.
The rules, regulations, rates, charges, and
fees herein prescribed or referred to shall be applicable to the supply
of water and the furnishing of services and facilities by the Water
Commission within or outside the Village of Clyde.
A.
The customer shall furnish and install pipe from the
curb box with a check valve as directed by the Water Department. Water
pipe to be installed at a depth approved by the Water Department and
maintained in a satisfactory condition. All installations and all
boilers shall be fitted with suitable check valves to prevent accident
or damage in case the water supply should fail or it be necessary
to shut off the water.
B.
Only authorized Water Department employees shall turn
the water on to any premises, and they shall at all reasonable hours
have access to inspect the water system and read water meters.
C.
Leaks and other problems with water lines beyond the
curb box are the responsibility of the property owner. Any and all
leaks are to be repaired within 48 hours.
D.
Service connections shall have a separation of at
least 10 feet from sewer laterals when laid parallel to sewers, or
a minimum of 18 inches vertically when a crossing occurs, in compliance
with NYS Department of Health requirements.
E.
Application of builders, contractors, real estate
developers and others for temporary water service will be accepted,
and temporary water service will be supplied, providing it does not
interfere with use of water for general purposes. The quantity of
water taken for such purposes shall be determined either by meter
or by estimate, and shall be paid for in accordance with the rate
schedule applicable to metered general purposes. Customer requesting
temporary water service shall be responsible for paying a nonrefundable
fee, as set by resolution of the Village Board of Trustees,[1] to be paid prior to furnishing of temporary service.[2]
A.
Water meters two inches and smaller are furnished
by the Village of Clyde Water Department and are to be maintained
by authorized Village personnel.
B.
C.
Tampering with the water meter and/or outside reader
is a violation and the violator will be prosecuted to the fullest
extent of the law.
D.
Pit meters. When it is necessary to install a meter
in a pit, the property owner is responsible for installation and maintenance
of a suitable pit with cover. The pit is to be kept clean and clear
of debris at all times.
E.
At his own expense, the owner shall install and maintain
the service pipe from the curb box to the premises with a proper shut
off valve installed on each side of the meter. Installation and maintenance
must be to the satisfaction of the Village.
A.
An individual meter shall be required for each premises
and for each separate service connection to a premises.
B.
The meter (two inches and smaller) will be furnished
and connected by the Water Commission as part of the service connection.
The Water Commission reserves the right, in all cases, to stipulate
the size, type, and make of the meter to be used on any connection.
C.
Whenever possible, a meter one inch in size and under
shall be set in the basement or utility room. The meter shall be located
at a convenient point approved by the Water Commission so as to protect
the meter and to measure the entire supply of water through the connection.
When a meter cannot be set in the basement or utility room, it will
be set near and inside the property line or in a place designated
by the Water Commission, and all expenses incurred by the Water Commission
in connection with its proper housing shall be reimbursed to the Water
Commission. All meters shall be placed in locations readily accessible
to Water Commission meter readers.
D.
All meters two inches or larger shall have a bypass
for testing.
E.
In all cases, irrespective of meter size, where the
distance from the property line to the front wall of the building
is greater than 75 feet, the Water Commission may require that the
meter be set near and inside the property line.
F.
All meters and meter connections shall at all times
remain the sole property of the Water Commission, and shall not be
interfered with in any respect. All meters will be maintained by and
at the expense of the Water Commission so far as ordinary wear and
tear are concerned, but the customer will be held responsible for
damages due to freezing, hot water, or other external causes. In case
of damage, the Water Commission will repair the meter, if necessary,
replacing it with another meter and the costs shall be paid by the
customer. The Water Commission recommends the customer install, at
his own expense, suitable equipment, properly located to prevent backflow
of hot water which may cause damage to the meter, or other damage
to the customer's plumbing.
G.
The Water Commission reserves the right to remove
and test at any time and to substitute another meter in its place.
In case of a disputed account involving the accuracy of the meter,
such meter will be tested by the Water Commission upon request of
the customer. The fee for testing such meters will be as set by resolution
of the Village Board of Trustees.[1] In the event that the meter so tested is found to have
an error in registration to the prejudice of the customer in excess
of 4% at any rate of flow within the normal test-flow limits, the
fee for testing will be waived, and prior water bills will be adjusted
to correct such over registration.[2]
H.
Meters larger than two inches in size shall be tested
in place at frequent intervals (cost to be paid by the customer).
I.
It shall be the obligation of the customer to maintain
and, when necessary, repair outside settings and meter pits on private
property.
J.
The Water Commission shall not be liable for damages
to any premises caused by flooding in connection with the testing
or removal of any meter.
A.
Main extension agreements. Upon application for water
service in areas not served by a Water Commission-owned or leased
water main, the Water Commission will extend its mains or install
necessary mains or permit a builder, contractor, or real estate developer
to extend or install such mains, at the expense of the applicant,
in accordance with the terms of a main extension agreement.
B.
Installation by developer. If the builder, contractor,
or real estate developer shall extend or install mains, he/she shall
provide his own materials at his sole expense. The Water Commission
shall specify certain valves, hydrants, and other materials to be
purchased from the Water Commission. All materials used shall be of
a type and quality and conform with specifications approved by the
Water Commission. All work of such builder, contractor, or real estate
developer shall be subject to Water Commission inspection and approval.
All installations by a builder, contractor, or real estate developer
shall be completed in conformity with plans and specifications prepared
by the Water Commission, or if not prepared by the Water Commission,
approved by the Water Commission. The builder, contractor, or real
estate developer will pay the charges for engineering and inspection
currently charged by the Water Commission.
C.
Easements. Applicants for main extensions shall deliver
without cost to the Water Commission permanent easements or rights-of-way
when necessary for the installation and maintenance of the extensions
or subsequent additions thereto. The Water Commission shall not be
obligated to commence any construction or permit the applicant to
commence construction, or provide water service if construction has
been completed, until applicant either has obtained for the Water
Commission satisfactory easements or rights-of-way or has agreed to
pay such costs as may be incurred if at applicant's request the Water
Commission obtains such rights-of-way whenever the Water Commission
deems such easements or rights-of-way to be necessary.
D.
Size and type. The Water Commission reserves the right
to determine and specify the diameter and type of pipe required to
adequately provide the service requested, and, subject to the requirements
of municipal authorities, its location within or without the limits
of a street. The Water Commission further reserves the right to determine
the minimum size of any service main. The Water Commission further
reserves the right to install a main larger in diameter than the main
required to render the service requested by applicant, in which case
the Water Commission will pay the difference in cost. The Water Commission
will install all mains where it is assuming part of the cost.
E.
Title. Title to all main extensions by whomever installed,
including without limitation service connections between main and
curb boxes, shall be vested in the Water Commission, and the Water
Commission shall have the right to further extend any main installed
pursuant to the terms of the main extension agreement in and to other
streets or premises without repayment or refund to any applicant.
However, the Water Commission reserves the right to consider extensions
made at the applicant's expense and without written agreement as service
lines. Upon such lines the Water Commission will set a meter at the
beginning of the extension to measure all water used, and title to
the line beyond the meter will be vested in the customer, who will
be responsible for maintenance and replacement when necessary.
F.
Delay. The Water Commission shall not be compelled
to proceed with the installation of mains under this section when
circumstances beyond the control of the Water Commission prohibit
such construction. Such circumstances include but shall not be limited
to delays in delivery of materials, weather conditions, strikes, acts
of God, etc.
G.
Maintenance and replacement. The Water Commission,
at its own expense, will maintain and, when necessary, replace the
Water Commission-owned or leased mains used to supply water to its
customers, and if adequate service requires the reconstruction or
replacement of such mains, said mains will be reconstructed or replaced
by the Water Commission at its expense.
Sprinkler systems installed on private premises
for the purpose of private fire protection shall be charged a quarterly
fee as set by resolution of the Village Board of Trustees.[2]
A.
Opening of a hydrant is prohibited by anyone other
than authorized Village employees or the Galen-Clyde Fire District
personnel.
B.
Proper fire officials shall notify the Water Department
within 24 hours after the use of a Water Commission hydrant for public
fire protection in order that the Water Commission may inspect the
hydrant and determine whether it has been returned to its proper operating
condition. Similar reports shall be made of any unauthorized hydrant
use observed.
C.
A completed written report is to be made by the Fire
Chief each time Village water is used by the Galen-Clyde Fire District
for any and all purposes, and reports are to be filed at the end of
each month with the Clerk of the Water Department on specific forms
provided for such.
D.
No hydrant shall be used for any purpose other than
the extinguishing of fires, periodic tests of the fire-protection
system, or periodic drills by legally constituted fire companies.
The Water Commission shall be notified in advance of the time of all
tests and drills so that, if desired, the Water Commission may have
a representative present. Such notification may be given in writing
or by telephone to the principal office and place of business of the
Water Commission.
E.
If a hydrant is installed for the purpose of private
fire-protection service on the owner's or occupant's property, the
cost of installation of such hydrant shall be borne by the owner or
occupant. The Water Commission reserves the right to approve the type
of hydrant and the manner of installation before service is provided.
(1)
Private fire-protection service shall be provided
only by written agreement between the Water Commission and the applicant,
therefore, which agreement shall contain the following express conditions:
(a)
The connection is to be used for fire purposes
only, and is to have no connection whatsoever with any taps that may
be used for other than fire purposes, and because of the danger of
pollution, shall have no connection with any source of supply not
approved by the Department of Health of the State of New York.
(b)
The applicant specifically agrees not to draw
any water whatsoever through said connection for any purposes except
the extinguishing of fires or in a periodic test of the fire-protection
system.
(d)
The applicant agrees to notify the Water Commission
at the time of all tests, so that, if desired, the Water Commission
may have a representative present. Such notification, however, need
not be formal or written, but may be given by telephone to the principle
office of the Water Commission.
(e)
Any authorized representative of the Water Commission
shall have free access to the premises of the applicant at any reasonable
time for the purpose of inspecting said connection.
A.
The Water Commission undertakes to use reasonable
care and diligence to provide a constant supply of water at a reasonable
pressure to customers, but reserves the right at any time, without
notice, to shut the water off for the purpose of making repairs or
extensions, or for other purposes. It is expressly agreed that the
Water Commission and its agents or employees shall not be liable for
a deficiency or failure in the supply of water, or the pressure thereof
for any cause whatsoever, or for any damage caused thereby, or for
the bursting or breaking of any main or service pipe or any attachment
to the Water Commission property.
B.
In the interest of public health, the Water Commission
will not permit its mains or services to be connected with any service
pipe or piping which is connected with any source of water supply
not approved by the Department of Health of the State of New York.
C.
The Water Commission without consent will not permit
its mains or service pipes to be connected in any way to any piping,
tank, vat or other apparatus which contains liquids, chemicals, or
any other matter which might flow back into the Water Commission's
service pipe and consequently endanger the water supply.
D.
The Water Commission reserves the right, in periods
of drought or emergency or when deemed essential to the protection
of the public health, safety and welfare, to restrict, curtail or
prohibit the use of water for secondary purposes, such as sprinkling,
car washing or filling swimming pools, and shall have the right to
fix the hours and period when water may be used for such purposes.
B.
Accounts are payable on or before the 20th day of
the billing period. A ten-percent penalty is charged after due date.
Bills are payable at the Village office during normal working hours.
C.
Charges will be made for all water passing through
a meter, whether used or wasted, and no deductions will be made for
leaks, except upon the discretion of the Village Board upon application
by the owner.
D.
When transfers of service arise from change of ownership,
upon request, a final reading will be taken and seller billed for
service rendered since last billing period, at which time account
will be transferred to new owner.
E.
In cases where a reading cannot be obtained, an estimated
bill will be rendered to the customer, the estimated bill to be based
on previous average quarterly consumption. No more than two consecutive
estimates may be billed before an actual reading is obtained. If an
actual (inside) reading cannot be obtained within seven days, the
water service will be shut off. (In cases of change of ownership,
an inside reading must also be obtained.) (Turn-on and turn-off fees
apply.)
F.
The fee for nonpayment (effective 9-1-1998 billing).
Any Village resident not paying his water bill on or before the due
date shown on the shutoff card and advertised in the legal paper,
said bill was issued and said customer will be charged a nonpayment
fee, as set by resolution of the Village Board of Trustees, to the
Village for payment of turnons and turnoffs, said sum shall be added
to the Village resident's next quarterly water bill and shall be in
all respects treated as part of the water bill. If any separate provision
of this regulation is held invalid, the balance of said provision
should remain in full force and effect.[2]
G.
H.
The Village
Board shall hereby be empowered to modify any water rate, charge and/or
fee by Board resolution.
[Added 9-16-2004 by L.L. No. 2-2004]
A.
Water service shall be terminated for nonpayment or
breach of any of the above rules and regulations upon 10 days' written
notification by regular mail to the address of the owner of record
as reflected in the most current tax rolls of the Village, with shutoff
notice being mailed in the same manner 10 days after due date. The
Village Board shall also have authority to terminate service for any
other infraction, such as theft of services or any other problems
that may arise that may be detrimental to the Village water supply
or which may be a possible health hazard to the Village of Clyde.
B.
Restoration of service shall be made during regular
working hours only.
C.
Access to premises.
(1)
The Water Department, through its properly authorized
agents, shall have free access to the premises supplied, for the purpose
of ascertaining the quantity of water used, the manner of its use,
and also that the meter or other apparatus or appliance belonging
to the Water Department are properly protected and in good condition.
If such access is refused, the Water Department may immediately discontinue
the service.
(2)
It shall be the duty of all customers to see that
meters on service connections, wherever located, shall be readily
accessible at all reasonable times to the agents or inspectors of
the Water Department. Failure to remove any obstruction which prevents
access to the meter within three days after being notified by the
Water Department will be just cause to have the water shut off from
the premises, and it shall not be turned on again until all obstructions
are removed and all regulations complied with.
D.
Discontinuance of service. Water service may be discontinued
by the Water Commission for any one of the following reasons:
(1)
For use of water other than as represented in the
customer's application or through branch connections on the street
side of the meter or place reserved for meter.
(2)
For willful waste of water by improper or imperfect
pipes or by any other means.
(3)
For molesting any service pipe, seal, meter, or any
other appliance owned by the Water Commission.
(4)
For nonpayment of bills for water or services rendered
by the Water Commission.
(5)
For cross-connecting pipes carrying water supply by
the Water Commission with any other source of supply or with any apparatus
which may endanger the quality of the Water Commission's water supply.
(6)
For refusal of reasonable access to the property for
the purposes of reading, repairing, testing, or removing meters or
inspecting water piping and other fixtures.
E.
Where two or more premises are now supplied with water
through one service pipe, under control of one curb stop, if any of
the parties so supplied shall violate any of the above rules, the
Water Commission reserves the right to apply its shutoff regulations
to the joint service line, except that such action shall not be taken
until the innocent customer, who is not in violation of the Water
Commission's rules, has been given reasonable opportunity to attach
the service pipe leading to his premises to a separately controlled
service connection.
F.
When water service to any premises has been turned
off upon the order of the customer, or for any of the above reasons,
and service at any premises is again desired by the same customer,
including seasonal customers, a charge, as set by resolution of the
Village Board of Trustees, will be made for the restoration of service
during regular business hours, provided that the discontinuance of
service has not required the removal of the Water Commission's equipment
from the customer's premises, and closing the curb stop or turning
off the water elsewhere does not involve any unusual expense. If,
however, it becomes necessary to shut off or disconnect the service
pipe at the Water Commission's main, the charge to the customer for
restoration of service will be the actual cost incurred by the Water
Commission incidental to the disconnection and reconnection of the
service pipe.[1]
G.
Any service unused for two years or more shall be
deemed abandoned and may be removed at the discretion of the Water
Commission. A new service would be required with all applicable fees.
A.
All unpaid accounts that are not paid on or before
the date advertised in the legal paper of that same calendar year
will become a relevy on the June Village taxes. The Village Board
shall have the discretion to direct Village employees to do any acts
set forth above that are the responsibility of the owner, including
but not limited to reimbursement by the owner to the Village for damaged
equipment, and upon the owner's failure to do so, said sum or sums
shall be treated as an unpaid account.
B.
The Village Board shall have the right, when deemed
essential to the protection of the public health, safety and welfare,
to restrict, curtail or prohibit the use of water.
C.
These rules and regulations shall not be construed
as an election of remedies and the Village of Clyde shall have the
right to pursue any and all other remedies at law or at equity, including
but not limited to obtaining a judgement against the owner of record
for any unpaid water charges or other charges, and the doctrine of
severability shall apply in the event that any portion of these rules
and regulations shall be held invalid by any court or law hereinafter
enacted.
