[Adopted 12-21-1988 as Ch. 136, Art. I, of the 1988 Code]
As used in this article, the following terms
shall have the meanings indicated:
Duly elected Board of Trustees of the Village of Harriman.
The Village of Harriman Water Department, including all its
personnel and staff.
[Amended 4-11-2001 by L.L. No. 3-2001]
Duly appointed Village of Harriman Department of Public Works
Superintendent, as head of the Village of Harriman Department of Public
Works, appointed by the Mayor or, in his absence or incapacity, the
Board of Trustees.
[Amended 4-11-2001 by L.L. No. 3-2001]
Duly elected Mayor of the Village of Harriman.
Any person, firm, corporation, association or legal representative
acting individually or jointly, including a transportation corporation.
A user of village water whose use is at the discretion of
the Board of Trustees, upon such conditions as it may impose.
Any connection of any kind with the village water system
for the purpose of obtaining water therefrom for any purpose.
The Village of Harriman.
The Village of Harriman water system, including its production
system (wells), storage system and distribution system, service lines
and meters, wherever located.
[Amended 10-8-2019 by L.L. No. 12-2019]
A.
Board of Water Commissioners. The Board of Trustees
shall be the Board of Water Commissioners and shall exercise all supervision
over the village water systems.
B.
Application for use of water. All applications for
the introduction of water from the village water system into any premises
or for the extension of any pipes for the conveyance of such water
must be made by the owner or authorized agent of the owner of the
premises in writing, upon forms furnished by the Department of Public
Works, whereby he agrees to abide by the rules and regulations of
said Department.
[Amended 4-11-2001 by L.L. No. 3-2001]
C.
Water to be metered. All water, effective immediately,
shall be metered, except as otherwise provided for herein. Any meters
in use on said date shall remain in use and the rates for metering
shall be in accordance with the rates to be set by the Board of Trustees.
E.
Service lines.
[Amended 4-11-2001 by L.L. No. 3-2001]
(1)
All taps to the main, up to one inch, shall be made
by the Department of Public Works, and all service lines from main
to curb box shall be installed by the owner under supervision of the
Department of Public Works Superintendent, and said lines may not
be covered until the tapping permit has been endorsed "Approved" or
the equivalent by the Department of Public Works Superintendent.
(2)
Service pipe from main to meter shall be 'K' copper,
installed by the owner. The corporation cock will be furnished by
the Department of Public Works. The Department of Public Works Superintendent,
at his option, may require the curb stop to be of an inverted key
type. All curb boxes shall be kept accessible and located within one
foot of the owner's front property line.
(3)
Installation from main to curb box and proper tests
before filling in ditch shall be made under supervision of Department
of Public Works Superintendent.
F.
Separate service for each residence. Each building
or residence shall have its separate service connection direct to
the main.
G.
Branches. No branch will be allowed to be inserted
in any service pipe without a written permit from the Department of
Public Works.
[Amended 4-11-2001 by L.L. No. 3-2001]
H.
Water rent arrears. In case of default in payment
of water rent by anyone, the main service may be terminated until
the back charges are paid, and neither the Department nor the village
shall be liable for damages from any other consumer who may thus be
deprived of water.
[Amended 11-10-2015 by L.L. No. 5-2015]
I.
Laying of pipes. Service pipes must be laid at least
four feet six inches below the surface of the ground. If at any time
it shall become necessary for the Department of Public Works to change
the grade of its mains, the property owner or water user shall lower
the grade of the service pipe and fixtures to conform to such change.
[Amended 4-11-2001 by L.L. No. 3-2001; 3-8-2022 by L.L. No. 4-2022]
J.
Inspection and water shutoff. Employees of the Department
of Public Works may enter and must be permitted to enter upon any
premises where water is being supplied or upon any premises for which
application is made for a service for the purpose of inspecting and
installing water meters, readouts and other necessary equipment. Meters
shall be installed inside the residence. Water may be shut off by
the Department of Public Works from any service or main for the purpose
of constructing new work or for making repairs to the water system.
Whenever it is possible, due notice shall be given. However, in case
of emergency, the water may be shut off without notice and the Department
of Public Works shall not be responsible for any damage resulting
therefrom. Consumers' failure to comply will result in discontinuance
of water service.
[Amended 4-11-2001 by L.L. No. 3-2001; 7-12-2022 by L.L. No. 8-2022]
K.
Right to connect with mains without the corporate
limits of village. The Board of Trustees may, in its discretion, sell
to a corporation, individual or water district outside the village,
subject to the Department of Environmental Conservation and New York
State Department of Health as well as the conditions as herein provided.
[Amended 4-11-2001 by L.L. No. 3-2001]
L.
Tapping permit rules. No taps shall be made within
or without the corporate village boundaries unless a permit to do
so is first obtained from the Water Clerk and a fee in accordance
with the following schedule is paid at the time said permit is issued.
[Amended 11-10-2015 by L.L. No. 5-2015]
M.
Tapping fees.
(1)
Tapping fees will be in accordance with the current
rate established by the Village Board of Trustees. The cost of the
water meters, readouts and other necessary equipment shall be in addition
to the tapping fee. The meter will be furnished by the village and
installed by the owner. The meter shall remain in the property of
the village.
(2)
All taps outside the village will be made at the discretion
of and with the approval of the Board of Trustees and in accordance
with the rate schedule in effect at the time of the tapping. The cost
of the water meter shall be in addition to the tapping fee. The meter
will be furnished by the village and installed by the owner. The meter
shall remain the property of the village.
[Amended 4-11-2001 by L.L. No. 3-2001; 7-12-2022 by L.L. No. 8-2022]
A.
The owner
of the property into which water is introduced by a service pipe will
be required to maintain, in perfect working order at the owner's own
cost and expense, said service pipe from the curb box, corporation
cock and fixtures and appurtenances provided and appended thereto
for delivering or supplying water for any purpose. The curb box must
be kept in view and accessible. The property owner is responsible
for the installation, maintenance and repair of the entire length
of the service line from the main to the premises and all interior
valves and plumbing, with the exception of the water meter. The property
owner shall keep the curb box, pipes, valves and other plumbing fixtures
and appurtenances in proper condition to allow for the installation
or replacement of a water meter or to allow the Village to shut off
water for any reason authorized by this chapter or otherwise by law.
In case the curb box and service fixtures are not kept in repair,
the Department of Public Works may make the necessary repairs or the
Village may contract out such work and charge the cost to the owner
of the property. The owner of the property being serviced by the Village
water system shall be responsible for those water service lines which
freeze and any costs of the repair of the same from corporation cock
to the residence. If the Department assists in thawing them out, the
cost shall be borne by the property owner. A violation of any of the
requirements of this section shall be subject to the enforcement.
B.
Any water customer that has failed to allow the Village access to the property to replace the old meter with a new digital meter, or who has failed to maintain the curb box and appurtenances in view, accessible and in good condition and repair as required in Subsection A of this section so as to prevent the Village from replacing the old meter with a new digital meter by October 31, 2022, shall, in addition to all other applicable charges, fees and assessments, be charged an additional assessment on each subsequent quarterly bill ("obsolete meter charge"). The charge shall be assessed to the entire quarter and for each subsequent quarter as long as the older style meter equipment remains installed for any part of such subsequent quarter. The assessment shall be in the amount established under § 74-5I(3)(a)[3][e], as same may be amended from time to time. This assessment is in addition to all applicable remedies available to the Village under the Code, including, but not limited to water shutoff under § 136-4E, Cause for discontinuance, and § 136-8, Penalties for offenses.
[Amended 4-11-2001 by L.L. No. 3-2001; 12-11-2013 by L.L. No. 6-2013; 9-8-2015 by L.L. No. 4-2015; 11-10-2015 by L.L. No. 5-2015
A.
Water rates and billing.
(1)
Water rates for customer usage within and without
the village will be in accordance with the current water rate schedule
established by the Board of Trustees.
(2)
Bills shall be rendered quarterly on the first business
day of February, May, August and November of each year and are due
and payable within 30 days from such billing date, unless otherwise
determined by the Board of Trustees.
(3)
Billing to new water customers shall commence with
the date of issuance of a certificate of occupancy.
B.
Overdue bills. Overdue bills shall be treated as an unpaid and delinquent account in accordance with the provisions in § 74-7 of this Code.
C.
Ownership. Water furnished to any property for any
purpose stands charged against such property regardless of change
of ownership. The Board of Trustees reserves the right to discontinue
the service from premises for any unpaid bill or bills accumulated
by the former owner or owners and refuse to turn the same on again
until all arrears and penalties are paid. In case of transfer of a
property, the Department of Public Works should be immediately notified
so that proper adjustment may be made of any charges or repair bills
against such property. In case the water is turned off by an agent
of the Department of Public Works for proper cause, no person shall
turn it on again without permission from the Department of Public
Works.
D.
Notice for discontinuance. Persons wishing to discontinue
the use of water must give written notice thereof to the Water Clerk
previous to the billing for the current period; otherwise they will
be liable for rent for the ensuing three months.
E.
Cause for discontinuance. The Board of Trustees may, after giving reasonable notice in writing to the owner or occupant, order discontinuance of water service and shut off the supply from any premises the owner or occupant of which has failed to comply with the provisions of any rule or regulation relating to the character and construction and maintenance of pipes and connections and the use of the water. Such service will not be resumed until the cause for such discontinuance is removed and the expense of shutting off and turning on the water, if any, is paid. Any such service so discontinued shall be immediately reported to the Board of Trustees. Fees for discontinuance of service shall be incurred as provided in § 74-5I(2)(a).
[Amended 10-18-2016 by L.L. No. 4-2016]
F.
Conformity implied. All persons who hereafter make
applications for water service or who continue the use of the water
service after the effective date of these regulations, will be deemed
to have assented thereto and to have agreed to conform to the provisions
of these regulations, and to pay the rates established.
[Amended 4-11-2001 by L.L. No. 3-2001; 4-9-2019 by L.L. No. 4-2019]
All hydrants are under control of the Department
of Public Works. No person shall use a wrench for opening hydrants
except one furnished for that purpose. No person, except an authorized
employee of the Department or of a Fire Department or a person holding
a written permit from the Department of Public Works, shall disturb
any hydrant or take any water therefrom under any circumstances whatever.
Any person applying for a permit is required as a condition to the
issuance of a permit to deposit with the Department of Public Works
a security deposit in the amount of $1,000. In case damage is done
by any person having a permit and taking water from a hydrant for
construction or other purposes, the security deposit may be applied
to pay for such damage and costs, and the holder of the permit shall
pay such damages and all costs and expenses that may be incurred by
reason thereof in excess of the $1,000 security. The Village will
return the security deposit within 21 days after the completion of
the hydrant use, provided that there has been no damage or public
expense caused by such use. When necessary to make temporary connections
with the fire hydrants, standard hydrant wrenches and reducing caps,
furnished by the Department, must be used, for which a deposit as
set forth in the Village Fee Schedule must be made.[1] These deposits will be refunded if equipment is returned
in good condition. Any person causing damage to a fire hydrant by
collision or otherwise will be held responsible for any damage thereby,
and they should immediately report to the Police Department giving
name and address.
A.
All pipe and fittings shall be ductile iron Class
52, with mechanical joints or a joint acceptable to the Village of
Harriman, and shall comply with the acceptable standards and specifications
under adoption by the Board of Trustees of the Village of Harriman.
Pipe shall be installed in accordance with the Type A method as developed
by the American Standards Association. All material used in the installation
of the water distribution system and service lines, including, but
not limited to, pipes, fittings, hydrants, valves, valve box castings
and covers, shall be American-made and approved by the DPW Superintendent
or the Village of Harriman Engineer. A waiver may be obtained for
a certain material not available as American-made, subject to the
approval by the DPW Superintendent or the Village of Harriman Engineer.
[Amended 10-10-2006 by L.L. No. 5-2006; 3-8-2022 by L.L. No. 4-2022]
B.
Only Tyton joint pipe will be accepted as an alternate
to mechanical joints and no other push-on type joint employing a gasket
will be allowed.
C.
Silicon bronze-serrated wedges are to be installed
between the lip of the bell and the plain end at all joints.
[Amended 10-18-2016 by L.L. No. 4-2016; 3-8-2022 by L.L. No. 4-2022]
D.
Where rock is encountered, it is to be removed to
such an extent that at no section will it be within six inches of
any pipe surface. In said conditions, pipe is to be laid on a bed
of sand, Item 4, or acceptable ROB gravel bed, compacted in place.
E.
Fire hydrants shall be Mueller Super Centurion, Model
A-423, or a suitable, equivalent alternative subject to approval by
the DPW Superintendent or the Village of Harriman Engineer, with five-and-one-quarter-inch
valve, safety type, open left-close right, with breakable rings and
drain, and have one four-and-one-half-inch pumper connection and two
two-and-one-half-inch hole connections, and each one fitted with nozzle
caps and chains.
[Amended 12-13-2000 by L.L. No. 5-2000; 4-11-2001 by L.L. No. 3-2001; 3-8-2022 by L.L. No. 4-2022]
F.
All valves shall be Mueller AWWA Resilient 250 wedge
seat gate valves with O-ring seals.
[Amended 4-11-2001 by L.L. No. 3-2001]
G.
Concrete blocking shall be installed at all fire hydrants,
bends and dead ends or retaining rods.
H.
All sections of water mains shall have no more nor
less than four feet six inches depth of cover.
[Amended 10-18-2016 by L.L. No. 4-2016]
I.
All sections of roadway shall be brought to subgrade
level and trenched before the installation or laying of any pipe.
J.
Completed sections of water mains shall be tested
and checked for leaks before final road surfacing is applied.
L.
All fire hydrants shall be located in the grass mall
area back of the curbline, centered at a distance of 24 inches from
the face of the curbline and installed at the groundline mark embossed
on the lower standpipe section of the hydrant.
M.
All work in connection with the water distribution
system shall be under the direction and supervision of the Village
Department of Public Works Superintendent.
[Amended 4-11-2001 by L.L. No. 3-2001]
N.
All extensions to the water distribution system, other
than customer taps, shall be first approved by the Board of Trustees,
upon such reasonable conditions it may impose, and shall thereafter
be under the direction and supervision of the Village Department of
Public Works Superintendent.
[Amended 4-11-2001 by L.L. No. 3-2001]
A.
Meter pits. Outside meter pits may be installed in
special cases on written approval of the Board of Trustees. Such meter
pits must be installed in accordance with specifications set by the
Village Department of Public Works Superintendent and at the expense
of the property owner.
[Amended 4-11-2001 by L.L. No. 3-2001]
B.
In the event that the pipes of the consumer are not
in proper condition for the installation of a meter, the consumer
shall cause said pipes at the point which said meter is to be installed
to be put in proper condition prior to the installation of said meter.
C.
Meter test.
(1)
Where a water meter fails to register the correct
quantity of water delivered through it or where it otherwise becomes
out of order or in need of repair, notice thereof shall be given the
Village Department of Public Works Superintendent. Another meter will
then be loaned and installed during the time required for testing
and repair. The Village Department of Public Works Superintendent
shall cause the meter to be tested, and if the meter on test is found
to be registering over 3% more water than actually passes through
it, no charge will be made for the test, if the test was requested
by the owner; otherwise a service charge to cover the cost of removing,
testing and resetting the meter will be made to the consumer requesting
such a test.
[Amended 4-11-2001 by L.L. No. 3-2001]
(2)
If
a meter is out of order or fails to register for any part of the billing
period, the account will be billed and re-billed for each billing
period in which the meter may have been out of order or failed to
register. The revised charge or charges will be computed using the
average charge for the most recent one-year period during which time
a meter was operating properly at the premises. If the premises was
provided water service for less than one year or, if less than-one
year of usage data is available, the charge will be prorated and computed
based upon the average usage registered since the account was opened.
If no data is available for the premises, the account will be based
upon estimated usage for a similar account served by the Village or,
if there is no similar account, an estimate based upon the expected
usage for the premises. For all alternatives, the usage to be charged
will be adjusted for known material changes in usage or in occupancy.
[Amended 9-8-2015 by L.L.
No. 4-2015]
A.
Tampering with water meters. It shall be unlawful
for any person to break, remove or deface the seal of any water meter
or remove, alter or obstruct, injure or prevent the uninhibited use
of such meter. Any meter found to have been tampered with accordingly
shall subject the owner of the property metered with the following
penalties. It shall be presumed that such meter has been illegally
tampered with, if found to be in a state as hereinbefore set forth.
(1)
The penalties for this act shall be as follows:
(a)
The criminal penalty under § 165.15,
Subdivision 6, of the Penal Law of the State of New York, as amended
from time to time, if found to be violated; or
(b)
In the alternative, the criminal penalty under
such violation of this code with the same presumption as hereinbefore
set forth which shall subject the violator to an imprisonment up to
15 days in jail or $250 in penalties, or both.
(2)
In the event that such tampering, if found, has not
affected the measure of water charged for, the owner shall then be
responsible for replacement of the meter, the cost thereof and labor
for such replacement and any and all special fees which the Department
of Public Works Superintendent deems necessary for replacing the same.
[Amended 4-11-2001 by L.L. No. 3-2001]
B.
Violations of regulations in general. It shall be
unlawful for any person to make, construct, install, operate or allow
to be made, constructed, installed or operated any water connection
to the Village of Harriman water system in violation of any provisions
of these regulations. Such conduct shall be a violation. Any such
violation shall be punishable by a fine not exceeding $250 or imprisonment
for not more than 15 days, or both, for each violation. Any violation
that continues to exist after the Village Department of Public Works
Superintendent has given notice of such violation and notice to correct
the same shall be considered a separate and distinct violation for
each day that such violation shall exist after the time fixed by the
Village Department of Public Works Superintendent to remedy the same.
Nothing in this section of this article shall be construed to prevent
the village from instituting a civil action to compel compliance with
or restrain or enjoin any violation of these regulations.
[Amended 4-11-2001 by L.L. No. 3-2001]
A.
Commercial users. All persons owning or operating
a commercial, industrial or nonresidential use utilizing village water
shall be deemed preference customers and shall be subject to a curtailment,
cessation or the imposition of conditions upon their use of village
water in times of water shortage, drought or other public emergency
as may be determined by resolution of the Board of Trustees from time
to time.
B.
Out-of-village users. The Board of Trustees, by resolution,
may in its discretion allow any person to use or consume water outside
the boundaries of the village. Such a user or consumer shall be a
preference customer and their use of village water shall be at the
discretion of the Board of Trustees and such conditions or limitation
as it may impose thereon by resolution from time to time.
