[HISTORY: Adopted by the Town Board of the Town of Sodus as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-3-1981 by L.L. No. 1-1981 (Ch. 41 of the 1994 Code)]
A. 
Purpose. The purpose of this article is:
(1) 
To protect the public potable water supply of the Town of Sodus from the possibility of contamination by isolating, within its customers' internal distribution system(s) or its customers' private water system(s), contaminations or pollutants which could backflow into the public water supply system; and
(2) 
To comply with the requirements of the New York State Sanitary Code 5-1.31.
B. 
Responsibility. The Water Superintendent shall be responsible for the protection of the distribution system from contamination due to the backflow of contaminants through the water service connection. If, in the judgment of said Superintendent, an acceptable backflow prevention device is required at the district's water service connection to any customer's premises for the safety of the water system, the Superintendent or his designated agent shall give notice, in writing, to said customer to install such an acceptable backflow prevention device at each service connection to his premises. The customer shall immediately install such approved device or devices at his own expense; and failure, refusal or inability of the customer to install said device or devices within 60 days of receipt of notice shall constitute a ground for discontinuing water service to the premises until such device or devices have been properly installed.
As used in this article, the following terms shall have the meanings indicated:
ACCEPTABLE BACKFLOW PREVENTION DEVICE
An acceptable air gap, reduced-pressure-zone device or double-check-valve assembly used to contain potential contamination within a facility. In order for the reduced-pressure-zone device or the double-check-valve assembly to be acceptable, it must be listed on the most current version of the New York State Department of Health list of acceptable devices.
AESTHETICALLY OBJECTIONABLE FACILITY
One in which substances are present which, if introduced, into the public water supply system, could be a nuisance to other water customers, but would not adversely affect human health.
AIR GAP
The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device and the flood-level rim of said vessel. An approved air gap shall be at least double the diameter of the supply pipe, measured vertically, above the top of the rim of the vessel and, in no case, less than one inch.
APPROVED
Accepted by the Water Superintendent as meeting an applicable specification stated or cited in this article or as suitable for the proposed use.
AUXILIARY WATER SUPPLY
Any water supply on or available to the premises, other than an approved public water supply. These auxiliary waters may include water from any natural source(s), such as a well, spring, river, stream, harbor, etc., or used waters.
BACKFLOW
A flow condition, induced by a differential in pressure, that causes the flow of water or other liquids and/or gases into the distribution pipes of the Town of Sodus supply system from any source other than its intended source.
CERTIFIED TESTER
That individual or firm approved to accomplish the necessary inspections and operational tests of backflow prevention devices.
CONTAMINATION
The presence in water of a substance that tends to degrade its quality.
CUSTOMER
A water user served by the Town of Sodus supply system.
CUSTOMER'S WATER SYSTEM
The piping used to convey water supplied by the Town of Sodus supply system throughout a customer's facility. The system shall include all those parts of the piping beyond the control point of the Town of Sodus. The control point is either the curb valve or the main valve located in the public right-of-way that isolates the customer's facilities from the district distribution system.
DEGREE OF HAZARD
Whether a facility is rated as hazardous, aesthetically objectionable or nonhazardous.
DOUBLE-CHECK-VALVE ASSEMBLY, ACCEPTABLE
An assembly composed of two single, independently acting check valves, including tightly closing shutoff valves located at each end of the assembly and suitable connections for testing the watertightness of each check valve.
HAZARDOUS FACILITY
One in which substances may be present which, if introduced into the public water system, would or may endanger or have an adverse effect on the health of other water customers. (Typical examples: laboratories, sewage treatment plant, chemical plants, hospitals and mortuaries.)
NONHAZARDOUS FACILITY
One which does not require the installation of an acceptable backflow prevention device.
PUBLIC WATER SUPPLY SYSTEM
The Town of Sodus system, including the source, treatment works, transmission mains, distribution system and storage facilities serving the public. This includes the distribution system up to its connection with the customer's water system.
REDUCED PRESSURE ZONE DEVICE, ACCEPTABLE
A device containing a minimum of two independently acting check valves, together with an automatically operated pressure-differential relief valve located between the two check valves. During normal flow and at the cessation of normal flow, the pressure between these two checks shall be less than the upstream (supply) pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure. The unit must include tightly closing shutoff valves located at each end of the device, and each device shall be fitted with properly located test cocks.
SUPERINTENDENT
The Superintendent of the Town of Sodus Water Department.
A. 
The customer's water system shall be open for inspection at all reasonable times to authorized representatives of the Town of Sodus.
B. 
The Superintendent shall rate a customer's water system according to its degree of hazard to the public water supply system. Some of the factors to be considered are the use and availability of contaminants, the availability of an auxiliary water supply and the type of fire-fighting system in use.
C. 
An acceptable backflow prevention device shall be installed on each service line to a customer's water system at or near the property line or immediately inside the building being serviced, but, in all cases, before the first branch line leading off the service line, as follows:
(1) 
Whenever a customer's water system is rated hazardous, an acceptable reduced-pressure-zone device or air gap shall be installed.
(2) 
Whenever a customer's water system is rated aesthetically objectionable, as a minimum, an acceptable double-check-valve assembly shall be installed.
D. 
The design of the installation of an acceptable backflow prevention device must be prepared in accordance with New York State laws and regulations. The design must be approved by the Superintendent and all agencies required by the applicable New York State and local laws and regulations.
E. 
It shall be the duty of the customer at any premises where backflow prevention devices are installed to have certified inspections and operational tests made at least once a year. In those instances where the Superintendent deems it necessary, he may require certified inspections at more frequent intervals. Certified inspections and operational tests must also be made when any backflow prevention device is to be installed, repaired, overhauled or replaced, in addition to the requirement of an annual certified inspection and operational test. All inspections and tests shall be at the expense of the customers and shall be performed by a certified tester approved by the Water Superintendent. The Superintendent shall make available the names, addresses and telephone numbers of those persons which are certified as testers for backflow prevention devices. It shall be the duty of the Superintendent to see that certified inspection and operational tests of the backflow prevention devices are made. The customer shall notify the Superintendent, in advance, in writing, when the tests are to be undertaken so that he or his representative may witness the tests if it is so desired. These devices shall be repaired, overhauled or replaced at the expense of the customer whenever said devices are found to be defective. Records of such tests, repairs and overhaul shall be kept and copies furnished to the Water Superintendent.
F. 
All presently installed prevention devices which do not meet the requirements of this section but were approved devices for the purposes described herein at the time of installation and which have been properly maintained shall, except for the inspection and maintenance requirements under Subsection E, be excluded from the requirements of these rules so long as the Superintendent is assured that they will satisfactorily protect the utility system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this section.
G. 
No water service connection to any customer's water system shall be installed or maintained by the Town of Sodus, unless the water supply is protected as required by state laws and regulations and this article. Service of water to any premises shall be discontinued by the Town of Sodus, if a backflow prevention device required by this article is not installed, tested and maintained, or if it is found that a backflow prevention device has been removed or bypassed. Service will not be restored until such conditions or defects are corrected.
A. 
A violation of the provisions of § 128-3 of this article is an offense punishable by a fine not to exceed $250 or by imprisonment not exceeding six months, or by such fine and imprisonment. In lieu of or in addition to such fine and imprisonment, or both, each such violation shall be subject to a civil penalty not exceeding $250 for any one case, to be recovered in an action or proceeding brought by the Town Attorney of the Town of Sodus in a court of competent jurisdiction. Each day of a continuing violation shall be subject to a separate such fine, imprisonment or civil penalty.
B. 
The Town Attorney may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with this article or restrain by injunction any violation of this article, notwithstanding the provisions of Subsection A hereof for a penalty or other punishment.
C. 
Where any violation of this article causes expense to the Town, such violation may also be punishable by a civil suit against the violator, brought by the Town Attorney of the Town of Sodus in the name of the Town in a court of competent jurisdiction, to recover such additional costs.
[Adopted 10-4-1995 by L.L. No. 3-1995 (Ch. 88 of the 1994 Code)]
As used in this article, the following terms have the meanings indicated:
AWWA
The American Water Works Association.
BOARD
The Town Board of the Town of Sodus, New York.
CROSS-CONNECTION
Any unprotected 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. (For complete interpretation of cross connection control, see Town Code.)[1]
CUSTOMER
The person responsible for payment of charges for water or other facilities and services.
MUNICIPAL BOARD
The Municipal Board of the Town of Sodus, New York.
OWNER'S SERVICE PIPE
The pipe or tubing leading from the curb stop and curb box across the customer's property to the customer's building, structure or premises and connected to the meter.
PERSON
An individual, firm, association or corporation either public or private.
SERVICE CONNECTIONS
The tap or connection to the main, corporation stop, curb box, curb stop and sufficient tubing or pipe to connect the corporation stop to the curb box.
SPECIFICATIONS
The written requirements adopted by the Board and published for general reference concerning the requirements for work and materials related to the Town of Sodus water system.
SUPERINTENDENT
The coordinator of Public Works of the Town of Sodus, or his duly authorized representative.
WATER SYSTEM
The entire system of pipes, valves, buildings, reservoirs, plants and other facilities owned by the Water Improvement Area or Water Districts of the Town of Sodus and used for the supply, treatment, storage and transmission of water.
[1]
Editor's Note: See Art. I, Cross-Connection Control, of this chapter.
A. 
The following article and all regulations and specifications adopted under it shall be considered as part of the contract between the Town and every person who takes water supplied by the Town. Every person using this service shall be bound by this contract, including those using water on a renewable contract base, in which case the contract may stipulate any conditions which are exceptions to these laws, regulations and specifications.
B. 
The Board reserves the right to restrict or prohibit the use of water for sprinkling purposes or other nonessential purposes at such times and for such periods as it deems necessary or proper.
A. 
No person shall uncover, make any connections to, use, alter or disturb any portion of the water system or any water services pipes or fixtures between the curb stop and the meter without an approved application.
B. 
All applications for new service connections and all applications for a change in an account name on an existing service, outside the Town limits, must be made, in writing, to the Town Board by the proposed customer using such forms as provided by the Board. If the proposed customer is not the owner of the premises, the written consent of the owner must accompany the application. Where more than one building or tenant is supplied through one service connection, the application shall be made by one person, who shall be the customer responsible for all water supplied through the service connection. The application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent. Applications for the extension of public mains may be initiated by the Board or by petition from the abutting property owners. Applications may be denied by the Board or Superintendent for failure to fully comply with the laws of the Town or the regulations and specifications adopted under those laws or if the approval of the application is not in the best interests of the Town.
C. 
Installation and connection; indemnification; cost.
(1) 
The costs and expenses related to the installation and connection of a new water service from the water main to the curb stop shall be borne by the property owner and in prevailing charges for water service established by the Town. The Town of Sodus Water Department will install the water service from the water main to the curb box and relay costs back to the property owner. Developer-installed water mains shall have the water services installed during construction.
(2) 
The property owner shall indemnify the Town or its agents from any loss or damage, directly or indirectly, as may be occasioned by the work done under or in connection with the approved application.
(3) 
The costs related to the extension of the water services from the curb stop to and into the structure and to the meter shall be borne directly by the property owner.
D. 
More than one meter may be installed on a single service connection if approved by the Town Board and if each meter follows a locking shutoff device.
E. 
When appropriate, it is required that application for the installation of new water service or for temporary water service is made concurrently with application for a building permit in order to facilitate any necessary inspections and service installations by the Board. Approval of applications shall be valid for a period of up to one year.
A. 
Deposit required for installation. At the time application is made for new water service, the costs of installation shall be paid in accordance with the rates set by the Board. Where the costs are not set and are to be based on actual costs, a deposit shall be made to cover the estimated cost of the installation. In case the actual cost is less than the deposit, a refund will be made to the consumer.
B. 
Town-owned portion of service. All installation of services between the main and the curb box, including the curb box, will be made by the Board and shall remain the property of the Town of Sodus. The Board will maintain this service, in case of leakage, at its own expense, unless damage is caused by the carelessness or negligence of the property owner or occupant. In such case or if replacement is requested for other reasons, the customer will be held responsible for any charges for repairs or replacement.
C. 
Easements. It is the responsibility of the customer to provide, where necessary, easements at his own expense for all water service installations made by the Board.
D. 
Liability. The Board will not be held liable for any damage that may occur as a result of maintaining or replacing any part of the Town-owned service.
E. 
Responsibility of customer. The customer to be serviced shall be responsible for the installation and maintenance of service pipes and fixtures between the curb box and the meter. The size, depth, alignment, materials of construction and methods to be used in placing the pipe, jointing, testing and backfilling shall all conform to the requirements of the Water Regulations of the Town of Sodus and to specifications of the AWWA. The customer shall be responsible for the protection of his service pipes and the meter from freezing.
F. 
Inspection. Before the building service is covered, it must have been inspected and approved by the duly authorized Town representative. Before the meter is installed and the water service activated, all parts of the service that are the responsibility of the property owner shall be again subject to inspection and approval by the Town representative in conformity with the construction specifications. Upon either inspection, the customer will be notified as to any necessary repairs to be made before metered service will be granted.
G. 
Safety. All excavations for service connection or mains shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of work shall be restored in a manner satisfactory to the Town representative.
H. 
Maintenance. Failure on the part of the customer to immediately notify the Board of any defective or broken part of the service for which the customer is responsible or to immediately repair or replace any defective part of the service which is his responsibility may result in the suspension of water service until repairs or replacements that meet the Board's approval have been made.
I. 
Temporary service.
(1) 
Upon application, to coincide with application for building permit, temporary water service will be supplied to builders, contractors and others, provided that it does not lower the water pressure, cause turbulence in the mains or cause the mains to dry in any part of the water system of the Town. The quantity of water taken for such purposes shall be determined by meter or estimate, at the Board's discretion, and shall be prepaid.
(2) 
If by estimate, an initial quarterly charge for water use will be made, based on the size of the meter to be installed, but in any case, not to be less than such a rate as set by the Board. If metered service has not been installed in succeeding quarters, estimated charges for water use will strictly adhere to the rate schedules according to meter size and minimum usage, as stated in the Code of the Town of Sodus.
All water services shall be metered, regardless of the purpose for which they are to be used, unless otherwise specified.
A. 
Ownership. All meters will be furnished and owned by the Town and shall be subject to the exclusive control and jurisdiction of the Board. The Board reserves the right in all cases to stipulate the size of the meter to be used in any connection.
B. 
Maintenance. The Board will be responsible for installing and maintaining all meters and for replacing meters that have become inoperable through ordinary wear and tear. However, any damage to meters that is the result of an insecure location or of negligence or carelessness on the part of the owner, occupant or others, such as damage due to freezing, will be rectified by the Board at the expense of the property owner.
C. 
Location. Wherever possible, meters shall be set in a basement or utility room. The Board may require that meters that cannot be sufficiently housed in a basement or utility area, such as an oversized meter, are set in a specially designated outside pit. At the Water Department's discretion, a meter pit may be required. Meter pit size shall conform to the construction specifications, and further, all outside meters shall be maintained in an accessible, structurally sound, dry place. Seasonal users may be required to have meter pits installed, at the discretion of the Water Department. Seasonal users will be required to notify the Water Department when the service will be discontinued.
D. 
Testing. The Board reserves the right to remove and test all meters, at its discretion, in order to maintain the accuracy of the meter. Customers may request the removal of a meter for testing upon payment of a fee as set by the Board.
E. 
Removal; meter seals. No meter may be removed or adjusted in any way without the prior notification and consent of the Board. Only Town employees will be authorized to remove the meter seals. If any disturbance of the seal is noted, the Board should be notified immediately.
F. 
Remote reading registers. The Board reserves the right to place remote reading registers on any service as an integral part of the meter installation.
G. 
Hydrant meters. Hydrant meters will be furnished at a minimum prepaid charge. The Town representative will install, adjust and remove all hydrant meters, which shall not be disturbed by the builder or contractor in any manner. The builder or contractor shall be responsible for any damage to the meter caused by negligence or accident and will reimburse the Board for any damage caused in this manner.
H. 
Accessibility. Employees of the Board shall have access to meters, as well as all aspects of the water service, at all reasonable hours for purposes of reading, inspecting or service repairs.
I. 
Liability for damage. The Town will not be responsible for damage caused by drainage of water in connection with the testing, repairing or removal of any meter. In addition, the Town will not be responsible for any damage to property caused by a defectively functioning meter.
A. 
Use of hydrants. All hydrants owned by the Town of Sodus are under the jurisdiction of the Board and shall not be used for any purpose other than extinguishing fires, periodic drills or periodic tests of the fire protection system by the Sodus Fire Department unless specifically approved by the Superintendent, in writing. The Board reserves the right to designate to itself any additional use of hydrants. The Board shall be notified by Fire Department officials within 24 hours after using a hydrant for extinguishing a fire so that the hydrant may be inspected by the Board to ensure proper functioning. No person shall open any fire hydrants, whether on public or private property, nor use water from them, except to extinguish a fire, unless permission is first obtained from the Superintendent.
B. 
Damage reported. Any damage, leakage or defective functioning noted in any hydrant should be reported immediately to the Board.
C. 
Painting of hydrants. No one except the Board shall paint hydrants or in any way change the color of any part of a hydrant without the explicit consent and approval of the Board.
D. 
Application. Persons desiring to install a private fire service or make alterations or extensions of an existing service should make application, in writing, to the Board. The proposed installation shall be subject to the approval of the Board and must meet the construction specifications for such installations.
E. 
Use of system. The customer must agree to use this service for no purpose other than extinguishing fires or periodic testing or flushing of the system. In violation of this condition, the water supply to the fire service may be suspended. Flushing of hydrants shall be performed by the customer once every six months or as necessary to prevent water from becoming stagnant.
F. 
Installation and maintenance. The property owner shall install and maintain, in conformance with state and federal regulations, all aspects of the fire protection service up to the property line at his own expense. The Board will furnish all materials and install all connections of the service from the property line to the main, at the property owner's expense. However, the Board is responsible for indefinitely maintaining and, if necessary, replacing any portion of this service on the Town side so long as this service is maintained. Upon cessation, the Board may close it off permanently, and its responsibility for the main ceases.
G. 
Rates. Rates for fire service shall be determined by the size of the connection pipe or by a hydrant rental rate, set by the Board.
H. 
Accessibility. All premises being supplied with private fire hydrants or fire protection services shall be accessible and open to inspection of the Board at all reasonable hours.
I. 
Notification. The Board should be notified prior to any testing or flushing of the fire service. Notification should also be given within a twenty-four-hour period of activating the system for fire purposes.
A. 
Payment of water bills. All water rental bills are due on or before the end of the month rendering. If bills are not paid by this date, a ten-percent penalty charge will be added to the unpaid bill. Failure to receive a bill is not considered a valid reason for nonpayment. Default of payment of these charges will be considered a lien on the property involved and added to the tax bill.
B. 
Liability for charges. The property owner shall be held responsible for water rental charges or any other charges relating to water service held against the property.
C. 
Nonregistering of meter. If a meter has ceased to register, the quantity of water will be determined by the average registration in a corresponding period, and an estimated bill rendered accordingly. If an accurate estimate cannot be obtained due to a change in occupancy or in the average amount of water used, an equitable adjustment will be made.
D. 
Inability to obtain a reading. In cases where a reading cannot be obtained, an estimated bill will be rendered to the customer. Subsequent bills will reflect actual consumption, plus any adjustment to the bill made necessary through the use of an estimate.
E. 
Inability to obtain a final reading. If a customer has requested a final reading of his meter or a final reading of the meter plus a discontinuance of service and the Board is unable to gain entry to obtain a reconciliation reading, an additional service charge will be made. This charge will be effected only after notification of the property owner who is obliged to make the premises available to the Board for a final reading. If this is not done, for each additional service call made necessary through the inability of the Board to gain entry to a property, a charge will be made as set by the Board.
F. 
Bills will be sent directly to the property owner (not tenant).
Rates for the use of water, charges for installation of service, for meters, for testing, for fire service or for other special services and penalties shall be as set, from time to time, by the Board and shall be set forth in a fee schedule.
Any customer may order discontinuance of water service by notifying the Board. The owner of the property will be held responsible for any charges for water consumption up to the final meter reading as well as any charges for discontinuance of service if left unpaid by a customer. A customer may request reinstatement of a temporarily disconnected service upon payment of the appropriate service charge as determined by the Board.
A. 
The Board reserves the right, in relation to any or all customers, to shut off water, restrict the supply or change the water pressure, if necessary, without notice, whenever it is deemed necessary for extensions, alterations, repairs or in case of emergency conditions.
B. 
Whenever possible, notification of any such change in water supply will be given in advance by the Board, but in any case the Board will not be liable for any damage that may occur as a result of such change in supply.
C. 
Customers using apparatus depending on the Town water supply for operation are advised to take precautions against damage when the Town water supply is altered.
A. 
Water is not to be used in any manner not provided for.
B. 
Waste of water. No customer shall willfully waste water, either through leakage due to imperfect service pipes or fixtures or in any other manner.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Use of water. No customer supplied with water by the Town will be allowed to supply water to other consumers or to sell water, whether through a separate meter or not. No multiple-customer service shall be permitted on the same property except where each customer is provided with a separate meter.
D. 
Curb box. No person shall cover, obstruct or otherwise disturb a curb box so that it is not easily accessible.
E. 
Turning on water. No person but the Superintendent or his designee shall turn on or off the water to any premises.
F. 
Obstruction of hydrants. No person shall place any obstruction that would prevent free access to any fire hydrant.
G. 
Cross-connections. Refer to Town Code for enforcement of cross-connection control.[1] No person shall install or permit to be installed any cross-connection, whether permanent or temporary. Protection against such cross-connections shall be as required by state law or regulation and shall be in accordance with such regulations adopted by the Board. In addition to any other penalties, service to any customer violating this prohibition may be discontinued by the Board and not restored until the violation is corrected.
[1]
Editor's Note: See Art. I, Cross-Connection Control, of this chapter.
H. 
Unauthorized access. No person without permission of the Board shall enter on properties of the Town used for the supply, treatment or storage of water or discharge into or otherwise contaminate the water or deface or damage these facilities.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person convicted of a violation of this article shall be subject to a fine of not more than $250, or to imprisonment for not more than 15 days, or both.