Town of Binghamton, NY
Broome County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Binghamton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 173.
Street excavations — See Ch. 190, Art. I.
Subdivision of land — See Ch. 195.
[Adopted 9-7-1976 by L.L. No. 8-1976 as Ch. 34, Art. I, of the 1969 Code]
A. 
The Town Board of the Town of Binghamton serves as the governing body of the duly established Consolidated Water District. The Supervisor is designated by the Town Board as administrator of the Consolidated Water District. Whenever the Town Board is referred to herein, it is referred to in its capacity as governing body of the Consolidated Water District.
B. 
The Town Board shall contract or otherwise provide for a supply of water to the Town Consolidated Water District and for supervision, maintenance, repair and construction required for proper operation of the water supply systems.
C. 
The Town Board from time to time shall establish rates for water furnished to consumers in the Consolidated Water District, which shall be collected as provided in § 231-7 hereafter.
D. 
The Town Board shall review budget estimates for the Consolidated Water District presented by the administrator and, following a public hearing (held at the same time as the Town budget hearing), adopt a budget for the Consolidated Water District. The budget includes, as expenses, cost of water, operation, maintenance, supervision and construction, and, as income, anticipated revenues from sale of water and unexpended balance. The balance is raised by a tax on all District property owners, which appears as a separate item on the annual real estate tax bill.
A. 
This article constitutes a statement of the rights and responsibilities of the Town Board, as governing body of the Consolidated Water District, and the owners of the properties being served by the Consolidated Water District, and the conditions under which water service will be provided and continued.
B. 
Each person whose property is supplied with water by the Town of Binghamton Consolidated Water District shall comply with the rules and regulations set forth in this article.
C. 
To insure compliance with this article, the Town Board requires Town inspection of all service lines during and after construction.
[Amended 4-15-2003 by L.L. No. 1-2003; 10-20-2020 by L.L. No. 2-2020]
A. 
All persons desiring service from a main within the Town Consolidated Water District shall apply to the Building Official for service, on an application blank supplied by the Building Official, and pay the prescribed fee and charges from time to time established by the Town Board. All persons who are serviced by public sewer and are not connected to the public water system, but desire to have a water meter installed on a private water system in order to determine actual water usage, shall apply to the Building Official, and pay the prescribed fee and charges from time to time established by the Town Board.
B. 
A separate application will be required for each service connection made, including as set forth in Subsection A above for those persons who desire to meter a private water supply. Each building served with water shall have a separate service connection and water meter, except a garage, workshop or other building incidental to the residence or main building on the premises. A permit pursuant to Article I, Excavations and Openings, of Chapter 190, Streets and Sidewalks, must be obtained from the Highway Superintendent of the Town of Binghamton before commencing any work within the limits of a Town road or street.
A. 
The property owner, at his own expense, shall install the service connection to the water main in the street. The materials and installation of the service connection shall conform to the requirements and specifications contained herein. The property owner who desires to meter a private water supply, at his own expense, shall purchase a meter from the Town of Binghamton and shall have said meter obtained and installed by an approved plumber. Upon installation, the Town of Binghamton shall inspect and approve the installation prior to the Town of Binghamton accepting any such meter readings.
[Amended 10-20-2020 by L.L. No. 2-2020]
B. 
All work done within the right-of-way limits of a Town road or street shall comply with Article I, Excavations and Openings, of Chapter 190, Streets and Sidewalks, of the Town of Binghamton, which requires, among other things, posting of warning devices and restoration of the street, sidewalks, curbs and gutters to the condition prior to such excavation. All work done in the street shall be at the sole risk and responsibility of the property owner.
C. 
The property owner shall engage a plumber, approved by the Assistant Administrator of Special Districts, to make the tap in the main and to install the corporation stop at the main, the ground key stop and service box at the property line and the piping connecting the two. All services shall have a minimum inside diameter of 3/4 inch, and all exterior piping shall be installed with a minimum earth cover of five feet to minimize danger of freezing.
[Amended 4-15-2003 by L.L. No. 1-2003]
D. 
The approved plumber and/or Town Water Department shall make a tap of the proper size in the main and insert a corporation stop. Type K soft copper tubing or such other material as may be approved by the Town Water Department shall be laid at a depth of not less than five feet to connect the corporation stop to a ground key stop located on the owner's premises and near the street right-of-way boundary. The key stop shall be placed on a large flat stone, and a two-and-one-half-inch, cast iron, adjustable service box shall be installed over the key stop so that the top will be flush with the finished grade.
[Amended 4-15-2003 by L.L. No. 1-2003]
E. 
The trench shall be kept open until the service line has been inspected and approved by the designated agent of the Town Water Department. The owner shall notify the Town Water Department when ready for inspection. After the service line has been approved, select materials free from stones shall be used to cover the tubing to a depth of six inches. Then other material free from large stones may be used to complete the backfill. The backfill shall be placed in layers and properly tamped to minimize future settling.
[Amended 4-15-2003 by L.L. No. 1-2003]
F. 
If it is desired to continue the service from the key stop to the building, the line shall be continued, at the owner's expense, with Type K copper tubing or such other material as may be approved by the Assistant Administrator of Special Districts, to the inside of the building. A ballcock shutoff valve and a double-check valve shall be installed in the service line immediately inside the building wall. This valve shall be closed during the inspection and testing of the line. Appropriate space shall be left in the line immediately after this cock for installation of the water meter as hereafter provided. If service from the street line to the building is not installed at the same time as the connection from the main, an additional application must first be made before such service is installed, and the line shall be laid and inspected in the same manner as heretofore specified.
[Amended 4-15-2003 by L.L. No. 1-2003]
G. 
No tees, branches or other connections shall be installed between the tap and the meter at any time without written permission of the Town Water Department.
[Amended 4-15-2003 by L.L. No. 1-2003]
H. 
Upon completion and approval of the service connection, all maintenance and repairs between the main and the key stop, including the key stop, shall be the responsibility of the Town Water Department on behalf of the Consolidated Water District. All maintenance and repairs from the key stop into and throughout the building, except the meter, shall be the responsibility of the owner.
[Amended 4-15-2003 by L.L. No. 1-2003]
I. 
The owner shall keep his pipes and fixtures in good repair and protected against freezing and deterioration at his own expense, and shall be responsible for the waste and damage resulting from the use of defective pipes or fixtures. Leaks between the key stop and the meter shall be repaired immediately by the property owner at his own expense.
J. 
All frozen service lines from the key stop in shall be thawed by the property owner at his own expense.
[Amended 4-15-2003 by L.L. No. 1-2003; 8-12-2014 by L.L. No. 39-2015]
A. 
All water service shall be metered, except as provided in § 231-7, and no more than one meter may be installed on any one service.
B. 
The Town Water Department will supply and install each meter for connection to a public water supply and the meter shall remain the property of the Consolidated Water District. Each meter shall be pretested and so designed that it cannot overrun or register a greater volume of water than passes through it. A fee prescribed from time to time by the Town Board shall be paid by the property owner for installation of the meter. Each property owner, whether or not using a private water well, shall be required to install a meter as supplied by the Town if the property is connected to a public sewer system or the property owner shall pay such flat rate or other charges for use of the public sewer system as the Town of Binghamton shall establish.
C. 
Each property owner shall provide an accessible location for the reading of the meter. Failure to keep the meter free and accessible for reading shall be cause for charge for water used based on an estimate by the Town and for discontinuance of service at the option of the Town.
D. 
Excepting those meters purchased by a property owner who desires to meter a private water supply, the Town Water Department shall repair and maintain the meters at the expense of the Consolidated Water District, except that if a meter is damaged due to fault or negligence of persons other than the Town employees or agents acting within the course of their duties, or by freezing, hot water, steam, fire or any other similar cause, then a charge for repairing or replacing the meter shall be made to the property owner.
E. 
Only the Town Water Department may remove, reset or otherwise adjust meters.
F. 
The Administrator of Special Districts may, at his option, discontinue water service at any time if he finds the meter has been tampered with or the water has been diverted from passing through the meter and registering, or if there has been any other act which would indicate an attempt to defraud the Town.
G. 
Replacement meter cost. Each property owner who is required to install a replacement meter shall pay the Town the sum of $450.
[Amended 4-15-2003 by L.L. No. 1-2003]
Taking of water from or the opening of the fire hydrants within the Town or the interference with or use for any purpose of such fire hydrants without the written consent of the Administrator of Special Districts is strictly prohibited.
A. 
Water rates shall be established from time to time by the Town Board. The method of calculating such rates shall be filed with the Town Clerk.
[Amended 3-18-1980 by L.L. No. 1-1980]
B. 
Water bills shall be due and payable to the Water/Sewer Clerk of the Town no later than 30 days from the date on the bill. If such bill is not paid within 30 days of said date, a penalty of 10% shall be added to each such bill, and any such overdue bill together with said penalty not paid by the 15th day of October of the same year shall be added to the assessment roll.
[Amended 3-18-1980 by L.L. No. 1-1980; 4-15-2003 by L.L. No. 1-2003]
C. 
In the event a meter is out of order and fails to register correctly, the consumer will be billed on the basis of the average daily consumption as shown by the meter when last registering properly.
D. 
If any user does not have a meter, the Assistant Administrator of Special Districts may prescribe rates to be charged such user based on any reasonable formula; and the Assistant Administrator of Special Districts, in drawing such formula, may consider, in addition to any other pertinent facts, special circumstances pertaining to the owner, such as extra appliances, pools, etc.
[Amended 4-15-2003 by L.L. No. 1-2003]
E. 
All Town residents within the Consolidated Water District are required to have a properly working water meter. The Administrator of Special Districts may cause the water service to such consumer to be shut off until such meter is installed.
[Amended 4-15-2003 by L.L. No. 1-2003]
[Amended 4-15-2003 by L.L. No. 1-2003]
The Town Water Department may enter the premises of any consumer at all reasonable hours to examine the water system, to ascertain the quantity of water used and the manner of its use, and to inspect, test or read the meter.
[Amended 4-15-2003 by L.L. No. 1-2003]
A. 
The Town Water Department may shut off water in all or part of the Consolidated Water District for the purpose of repairing mains or other facilities or for any other reasonable purpose. Whenever possible, due notice will be given, but in case of emergency, the water may be shut off without notice and the Town shall not be held responsible for any damage resulting therefrom.
B. 
The Town Water Department may restrict the use of water during an emergency period by regulating the use to which it may be put by the consumer.
The Town shall not be held responsible for any damage or loss to property or to any business caused by any change in water pressure.
A. 
Any person or entity who violates any of the provisions of this article shall, upon conviction, be deemed to have committed an offense against this article and shall be punished by a fine of not exceeding $250 or imprisonment for a term not exceeding 15 days, or both, and each day on which such violation continues uncorrected shall constitute a separate offense.
[Amended 4-15-2003 by L.L. No. 1-2003]
B. 
Any person violating this article shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $100 for each such offense. Such penalty shall be collectible by and in the name of the Town for each day that such violation shall continue.
[Amended 4-15-2003 by L.L. No. 1-2003]
C. 
In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such article.
[Adopted 2-5-1985 by L.L. No. 1-1985 (Ch. 34, Art. II, of the 1969 Code)]
A. 
The purpose of this article is to safeguard potable water supplies by preventing backflow into public water systems.
B. 
Article to be reasonably interpreted. It is the intent of this article to recognize that there are varying degrees of hazard and to apply the principle that 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
The physical separation of the potable and nonpotable systems by an air space. The vertical distance between the supply pipe and the flood level rim should be two times the diameter of the supply pipe, but never less than one inch.
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.
BACKFLOW
A flow condition, induced by a differential in pressure, that causes the flow of water or other liquid into the distribution system of a potable water supply, from any source or sources other than its intended source.
BACKFLOW-PREVENTION DEVICE
A device incorporating two independent check valves and an automatically operating differential relief valve located between the two check valves and two shutoff valves and also equipped with necessary appurtenances for testing. This 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.
CROSS-CONNECTION
Any unprotected, physical connection between any part of a water system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as equally safe, wholesome and potable for human consumption.
POTABLE WATER
A water that meets certain drinking water quality requirements established by the New York State Sanitary Code and Department of Health.
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 the water from the premises into the public system. This shall include the handling of process waters and waters originating from the public water supply system which may have been subject to deterioration in sanitary or chemical quality.
(3) 
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. (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 any 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 (not necessarily hazardous to health if introduced to 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 possible 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 health, 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, provided that the alternative is acceptable to the water purveyor.
C. 
Whenever the Assistant Administrator of Special Districts 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.
[Amended 4-15-2003 by L.L. No. 1-2003]
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 of water to any premises may be discontinued by the water purveyor if a backflow-prevention device required by this article is not installed, tested and maintained; if any defect is found in an installed backflow-preventive device; if it is found that a backflow-preventive device has been removed or bypassed; if unprotected cross-connections exist on the premises, and service will not he restored until such conditions or defects are corrected.