[HISTORY: Adopted by the Town Board of the
Town of Binghamton as indicated in article histories. Amendments noted
where applicable.]
[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:
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.
Any water supply approved by the New York State Department
of Health.
Any water supply on or available to the premises, other than
the approved public water supply.
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.
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.
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.
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.
