[HISTORY: Adopted by the Town Board of the
Town of Geneva 9-15-1981 by L.L. No. 7-1981 (Ch. 45 of the 1972 Code);
amended in its entirety at time of adoption of Code (see Ch. 1, General
Provisions, Art. I). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Flood damage — See Ch.
80.
Swimming pools — See Ch.
141.
It is the purpose of this chapter to protect
and enhance the public health and welfare of the Town of Geneva by
providing for rules and regulations governing the public water supply
within the Town of Geneva.
Every person who shall be supplied or whose
property shall be supplied with water by any water district in the
Town of Geneva shall be deemed to have accepted and approved the rules
of the Town Board governing and regulating the supplying of water.
Wherever the word "consumer" shall be used in the rules and regulations,
it shall mean the owner or owners of the premises. The continuance
of the consumer to take water after any amendment or change of these
rules shall be deemed an acceptance of such amendment or change.
All service connections with the principal mains
and service pipes from said principal mains to approximately two feet
from lot line, including tapping of main, corporation cock, copper
or plastic pipe, curb cock and box for the same shall be put in and
installed only by properly authorized persons acting under the direction
of the Town Board or its agent at the expense of the consumer.
All connections from the curb cock to the meter
location shall be done by the consumer at his or her own cost and
expense, under the supervision of the Town Board or its agent, and
all installations shall be subject to approval by the Town Board or
its agent before water shall be turned on.
The plumber or any other person designated and
employed by the owner of the premises will be considered the agent
of such owner while employed in the execution of the work of introducing
water into such premises and in no sense as the agent of the water
district. The town will not be responsible for the acts of such persons.
Every person desiring a supply of water through
the principal water mains must make application at the office of the
Town Board, or the Water Superintendent of the Town of Geneva, for
a service pipe and connection with the main. Such application shall
be made, in writing, upon a blank form furnished by said Town Board
or its agent and must be signed by the owner of the property or his
or her duly authorized agent, and the meter deposit and connection
charge must be paid.
The following materials alternatives will be
allowed for installation in addition to type K copper:
A. Water services 3/4 inch to two inches shall be polyethylene
high-density high-molecular-weight tubing classified as PE 3306 Ultra-High
Molecular Weight with a pressure rating of 160 pounds per square inch
conforming to ASTM Designation D 2737-SDR9. All tubing shall be approved
by the National Sanitation Foundation (NSF). Tubing shall be CTS or
equal with compression fittings.
B. Installation of these materials shall be in a trench
4 1/2 feet deep with sand or fine crusher run bedding conditions.
No backfill shall be started until the installation has been witnessed
and accepted by the Superintendent or his or her duly authorized agent.
C. Backfill materials shall be sand or fine crusher run
firmly tamped in place around the service to a point one foot above
the top of said service. Remaining backfill can be machine placed
with care so as to prevent boulders from resting over the pipe. Backfill
procedures shall be subject to the approval of the Water Superintendent.
The use of either of these materials is acceptable, provided that
the owner be responsible for its proper installation and maintenance.
Failure to install or maintain the service in a proper manner will
warrant shutting off the service at the curb box.
The curb cock controlling any service shall
not be opened by any person after connecting said service at the curb,
so that water may be supplied to such premises by said service, unless
the service pipe installation has been approved by the Town Board
or its agent and the meter installation completed. In case of building
operations, special permission may be given by the Town Board or Superintendent
of the Water Department under such conditions as they may prescribe.
The curb cock controlling any water service shall be opened or closed
only by the Water Superintendent or his or her duly authorized agent.
Any person responsible for any injury to any
main, pipe, hydrant or other water facility shall reimburse the water
district therefor and for the loss of water caused thereby. He or
she shall also be responsible for any damage caused by such escaping
water.
In the case of any excavation for the introduction
of water pipe or connection under authority of a permit from the Town
Board or its agent, the owner will be held responsible for the trench
opened. Public safety and conveniences shall be duly regarded and
conserved by the construction of such bridges across open trenches
as may be required to ensure safety to the public. Yellow lights,
barricades and all such other means of protection against accidents
must be provided. Before trenches are back filled, materials and workmanship
shall be inspected by the Water Superintendent or his or her agent.
The owner of property into which water is introduced
by a service pipe will be required to maintain to perfect order, at
his or her own expense, the service pipe from the corporation cock
to the meter on or for delivering or supplying water for any purpose.
In case such services and fixtures are not so kept in repair, the
Town Board or its agent may cause to have made all necessary recall
materials and labor required shall be paid by the property owner.
Immediately prior to the meter, a stop valve
must be installed and shall be conveniently located in order to drain
the meter or in such other convenient place as the Superintendent
may approve.
The Superintendent, town officers, or employees
of the water districts, upon presentation of proper credentials, may
enter upon any premises where water is being supplied by the water
districts or upon any premises when application is made for a permit
to connect plumbing with the water pipes, for the purposes of installing,
reading, removing or repairing meters or for inspecting the plumbing
and fixtures of the water services.
In the case of making or constructing new work
in making repairs or leakage tests, the right is reserved to shut
off the water from any consumer without notice for as long a period
as may be necessary. No water district, its employees or the town
shall be liable for any damage which may result to any person, property
or premises from shutting off of the water from any main or service,
for any purpose whatever, even in cases where no notice is given.
No water districts or the Town of Geneva shall
be liable for any damage or loss of any kind to property or persons
which may arise from or be caused by any change, either increase or
decrease in water supply, from any cause whatever, including negligence
on the part of the water district, its agents, servants or employees.
All water furnished through service pipes, whether
for residential, commercial or industrial use, shall be metered. No
meters shall be set or removed or disturbed except by the Water Department.
All meters shall be furnished and installed by the water district.
The Water Superintendent or his or her agent shall approve the location
of the meter.
Any municipal water meter shall be taken out
and tested upon complaint of the consumer upon payment of a fee set
from time to time by resolution of the Town Board. If upon test of the meter, it is not within 3% of being
accurate, it shall be repaired or replaced and the fee returned to
the consumer.
Any damage which the meter and component parts
may sustain, resulting from the carelessness of the owner, his or
her agent or tenant or from neglect of either of them to properly
secure and protect the same, including any damage that may result
from allowing said meter to become frozen or to be injured by hot
water or steam getting back from a boiler or hot water tank, shall
be paid to the affected water district by the owner of the premises.
It is required that a check valve be installed in the line after the
meter.
Whenever a meter is set in any building, the
space occupied by the meter and the meter box shall at all times be
kept free from rubbish or obstructions of any kind. The owner or tenant
shall provide ready and convenient access to the meter so that it
may be frequently read and examined by agents of the water district.
Meter pits must be at least four feet in diameter
and must have four feet of head room. The base must be at least five
feet below finish grade. The pit must have a twenty-four-inch diameter
access hole and cover. All pits must be approved by the Town Board,
its agent or the Water Superintendent.
When approved by the Town Board or the Water
Superintendent, water meters for building purposes shall be set by
the water district at the expense of the contractor or person making
such application therefor. In case it is impracticable to place meters
for such building purposes, water may be supplied to the contractor
or owner at a flat rate.
Generally, all water consumed shall be recorded
and paid for by meter registration and at rates to be fixed by the
Town Board. Such rates may from time to time be changed as the Town
Board may determine. Water rates and charges for turning on and off,
selling meters and taking meters in and out shall be fixed by the
Town Board and on file in the Town Clerk's office or the Water Superintendent's
office.
Bills for metered water shall be payable quarterly
or at such period as may be set by the Town Board. In each instance,
meter bills, if not paid in 30 days, shall be increased 10% as a penalty
for failure to pay promptly. Failure to receive bill shall not act
as a waiver of said penalty. In case of inability to read meter, an
estimated bill will be submitted to the owner. Bills will be submitted
to the owner of the property, not the tenant.
No abatement of the charges for water rents
shall be allowed on account of the vacancy of any premises supplied
with water, unless the water supply is turned off by the water district
and the meter removed. For such suspension of service there shall
be a charge to be fixed by resolution of the Town Board, which is
on file in the Town Clerk's office or the Water Superintendent's office.
All charges for water, service pipe installation,
repairs, damages caused by carelessness or neglect, penalties, etc.,
shall be made against the premises supplied, and the owner of the
premises shall be held responsible therefor. Such charges, if not
paid, shall be a lien on the property benefited. All such unpaid charges,
on November 1 on any year, shall be added to the next general tax
against property. For the discontinuance of water service for nonpayment,
the Public Service Law § 116 requires a notice of 15 days
prior to the discontinuance of service to multiple dwelling.
All street or road fire hydrants or hydrants
for private fire protection from unrestricted service lines are under
the control of the water district. No person, except an authorized
agent or employee of the water district or a person permitted by the
Town Board to take water therefrom, shall operate, use or disturb
any hydrant, or any part thereof, or take any water therefrom, under
any circumstances whatever, except fire companies for use to control,
prevent or extinguish fires.
In case any damage to a street or road hydrant
is done by any person or his or her agent, having a permit for taking
water from said hydrant, the holder of the permit shall pay such damages
and all costs and expenses that may be incurred by reason thereof,
on demand, to the water district, including loss of water.
No person shall use any fire hydrant for construction
or other purposes without first obtaining a permit for such use from
the water district or Superintendent and making any advance payment
demanded by said district. The hydrant shall be operated only by a
proper hydrant wrench, which shall be obtained from the water district
or Superintendent. Water must not be allowed to run except when used.
All persons using hydrants shall immediately obey any instructions
or orders that may be issued by the Town Board or the Water Superintendent
to regulate the use of these hydrants. If required by the Town Board
or the Water Superintendent, a meter shall be applied to the connection
made with the hydrant at the expense of the party using the same,
and said party shall pay for all water by meter measurement at the
stipulated rates.
No person, except a duly authorized representative
of the water district, shall open or close or in any way interfere
with any valve or gate in any water main or pipe. Any person who has
disturbed or displaced a valve box or who has covered a valve box
with dirt, paving, plank or other material shall immediately replace
the valve box or remove the obstruction.
Service pipe will be required to be laid not
less than four feet six inches below the surface of the earth at any
point to the inside of the foundation wall of the building into which
the water service is introduced.
A. No consumer within any water district shall sell water
to anyone for any purpose whatever, unless a specific permit therefor
is issued by the Town Board, after due consideration thereby.
B. No water through any connection, pipe or main shall
be sold or furnished outside any water districts, without the consent,
in writing, of the duly authorized agent for the Town Board, after
action of the Town Board and a suitable contract.
No connections of whatsoever nature shall be
made by any person between the facilities of the said water districts
and any other water system, public or private, without the consent,
in writing, of a duly authorized agent for the Town Board, after action
of the Town Board.
Any person, firm, corporation or municipality
desirous of obtaining water from the municipal water system, whose
dwellings or other structures wherein the water is to be consumed
is outside the bounds of a duly enacted and established water district
in the town, must make application to the Town Board or its agent,
in writing, for such water service as an out-of-district user pursuant
to the rules and regulations for water service now or hereafter adopted,
or as amended by the Town Board. Unless therein expressly excepted
or altered as to such out-of-district user, all terms and conditions
of this chapter shall be binding upon such use and such user. If application
is accepted, an out-of-district user contract must be executed between
the applicant and the town before service is commenced.
It is understood and agreed that failure of
the applicant to give written notice to have services discontinued
will make the owner of property liable for all water charges against
said premises, and such notices must be actually delivered to the
office of the Water Superintendent or agent.
A. When required. Any developer, contractor or builder
of any new housing development, subdivision or business development
shall provide fire hydrants for the same. The cost of materials and
labor shall be borne by the developer.
B. Location. There shall be no more than 500 feet from
any residence or business to the closest hydrant. There shall be no
more than 500 feet between hydrants. The distance from the edge of
the road or highway and the direction of the steamer outlet shall
be as directed by the Town Water Superintendent.
C. Piping. All piping shall be DIP or Class 150 DR 18
PVC approved equal. The minimum size shall be eight inches. The piping
system should be looped if possible.
D. Hydrant specifications.
(1) Hydrants shall be safe-top-model compression-type
with the following:
(a)
Main valve of 5 1/4 inches.
(b)
Two two-and-one-half-inch National Standard
thread outlets.
(c)
One four-and-one-half-inch National Standard
thread steamer outlet.
(f)
Body red in color with white bonnet and caps.
(g)
Approved type: mueller centurior AY23.
(h)
Hydrant valve box with a screw-type cover marked
"water."
(2) There shall be 4 1/2 feet of ground cover from
ground level to the main pipe.
A. It shall be unlawful for the owners of property or
the users of water, or both, to introduce or permit the introduction
into the water supply system of pollution or contamination of any
kind. Whenever cross connection to other water supply into the system
is found or whenever any other condition is found which presents the
possibility of contamination or pollution, the water supply to such
premises and or other premises from which cross connection is made
shall be discontinued immediately until the cross connection is eliminated
or the condition remedied. The Water Superintendent of the waterworks
may permit or require a backflow preventer of pattern and design which
the New York State Department of Health approves as reasonably adequate
to prevent contamination, if the Water Superintendent determines that
a complete physical separation from the water system is not practicable
or necessary or that adequate inspection for cross connection cannot
readily be made or that such backflow preventer is necessary because
of existing or possible backflow resulting form special conditions,
use or equipment.
B. Any corrective measure, disconnection or change on
private property shall be at the sole expense of the person in control
of such property. Any changes required in the water system outside
the property or between the meter and the supply line or distribution
system and any charges for cut off or disconnection shall be added
to the charges for water against the premises necessitating such expedition.
C. All physical connections which may constitute potential cross connection are prohibited unless constructed, maintained and operated in accordance with the provisions of the New York State Sanitary Code, Chapter
1, Part 5, § 5-1.31.
D. Inspections must be done in January of every year
by a certified backflow device tester, and such results must be reported
by February of every year to the Water Superintendent.
The Town Board of the Town of Geneva may adopt
such further rules and regulations as it may deem necessary or expedient
in the implementation and administration of this chapter.
Any person, firm or corporation who or which shall violate the provisions of this chapter shall be punishable, upon conviction, as provided in Chapter
1, General Provisions, Article
III.