[HISTORY: Adopted by the Town Board of the Town of Dickinson
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Public Works Department — See Ch. 164.
Uniform construction codes — See Ch. 265.
Mobile homes and mobile home parks — See Ch. 389.
Sewers — See Ch. 447.
Streets and sidewalks — See Ch. 484.
Subdivision of land — See Ch. 490.
Wells, cisterns and sumps — See Ch. 566.
Zoning — See Ch. 600.
[Adopted 6-5-1950 (Ch. 102, Art. I, of the 1983 Code)]
The Town Board of the Town of Dickinson does hereby adopt the
following rules and regulations which shall be applicable to all water
districts in the Town of Dickinson now existing or which may be hereafter
created, except Water District No. 4.
[Amended 9-12-2005 by L.L. No. 1-2005; 11-9-2009 by L.L. No. 5-2009]
All applications for the introduction of water 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 blanks furnished by the Town Clerk, whereby
he agrees to abide by the rules and regulations of the Town. A permit
must be obtained and will be granted upon payment of a fee as set
forth from time to time by resolution of the Town Board.
[Amended 1-11-2016 by L.L. No. 1-2016]
After a permit is obtained, the property owner may engage a
plumber approved by the Commission of Public Works to make the tap
into the main. The property owner or his agent shall make application
to the proper authorities for a permit to open the street at the selected
location. After the ditch has been opened in the street, the plumber
shall make a tap of proper size in the main and insert a corporation
cock and copper fittings. Type K soft copper tubing or such other
material as may be hereafter approved by the Town Board shall be laid
at a depth of not less than five feet to connect the corporation cock
with a stop cock located between the curb and the sidewalk. The stop
cock shall be placed on a large flat stone. An approved curb box shall
be installed over the stop cock and shall be flush with the prescribed
grade.
A.
The trench shall be kept open until the service line has been inspected
and approved by a designated agent of the Town. After the service
line has been approved, select material 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 but it shall be tamped manually
or by machine in layers.
B.
The trench shall be filled in a manner to ensure that no settlement
will occur. The surface of the road or street shall be restored to
its original condition by the property owner, subject to inspection
and approval by the municipality having jurisdiction thereof.
If it is desired to continue the service from the curb to the
building, the line shall be continued with Type K tubing to the inside
of the building. A stop and waste cock of the wing-lock type shall
be installed in the service line immediately inside the building or
housing wall. This valve shall be closed during testing of the line.
If service from the curb to the building is not provided at the same
time that a line is laid from the main, an additional permit must
be obtained and the line shall be laid and inspected in the same manner
as heretofore prescribed.
No T's, branches or other connections shall be installed between
the tap and the meter at any time without written permission from
the Town Board.
[Amended 4-14-2008 by L.L. No. 2-2008; 11-9-2009 by L.L. No.
5-2009; 11-13-2012 by L.L. No. 3-2012]
A.
Adoption
of water rates and penalties. The Town Board shall, from time to time,
by appropriate resolution, adopt schedules of water rates and provide
the time and manner of payments thereof for each water district in
the Town of Dickinson, which rates shall at all times be kept on file
for public inspection in the office of the Town Clerk. Said Board
may also, from time to time, by appropriate resolution, adopt such
civil penalties for the nonpayment of water bills as may be authorized
by law, which penalties so adopted shall likewise be kept on file.
[Amended 12-6-2021 by L.L. No. 2-2021]
B.
Water rates.
The water rate for all premises served by public water supply and
having an approved water meter installed and operational shall be
charged based upon the estimated or actual meter consumption of water.
[Amended 12-12-2016 by L.L. No. 8-2016; 11-13-2017 by L.L. No. 4-2017;12-6-2021 by L.L. No. 2-2021]
C.
Commencing with the next billing after adoption by the Town Board
of the schedule set forth below, there shall be imposed a fee for
all premises served by public water supply and having an approved
water meter installed and operational. Said fee shall be charged based
upon the estimated or actual meter consumption of water and shall
be collected until any bonds issued by the Town for capital improvements
to the water system have been retired.
[Added 5-12-2014 by L.L. No. 4-2014]
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Annual Consumption
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Fee Per Billing Period
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|---|---|
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0 to 9,999 cubic feet
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$15
|
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10,000 to 19,999 cubic feet
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$30
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20,000 to 99,999 cubic feet
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$75
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100,000 to 249,999 cubic feet
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$100
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250,000 to 500,000 cubic feet
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$200
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Over 500,000 cubic feet
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$300
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D.
Effective December 16, 2021, the water rate shall be equal to $10 for zero to 100 cubic feet and $5.50 per 100 cubic feet above 101 cubic feet of estimated or actual metered water consumption. Thereafter rates may be changed as provided for in Subsection A hereof.
[Added 12-6-2021 by L.L. No. 2-2021]
[Amended 4-12-2004 by L.L. No. 4-2004]
No water shall be used outside of any water district of the
Town of Dickinson or connections made to the water system in any district
for the purpose of supplying water outside of any water district until
a permit therefor shall have been granted by the Water Superintendent,
specifying conditions governing such use, the method of making connections
and such other regulations as the Board may deem proper. The rate
for such outside users shall be 1 1/2 times the rate for users
inside water districts.
When any person desires to use water in the construction of
any building before the meter is installed, he may obtain permission
to do so from the Town Board upon payment of a fee to be fixed by
the Town Board. Such water may not be used for any purpose other than
the construction of the building and the meter shall be installed
as soon as possible and in any event when the building is complete.
[Amended 2-6-1985 by L.L. No. 2-1985]
A.
Generally. Except as otherwise provided, all persons desiring to
use water from the Town of Dickinson mains shall, at the time of connection
with same, be provided with an approved meter up to 3/4 inch, obtained
from and installed by or under the direction of the Town Board and
at the expense of the consumer, it being understood that the meter
is the property of the consumer, but its use and operation shall at
all times be under the supervision of the Town Board. The owner of
the property supplied with water shall be responsible at all times
for keeping the meter in proper condition, and any necessary repairs
shall be made by or under the direction of the Town Board, and the
cost thereof shall be paid by the property owner. For any period for
which the meter is out of order, a charge shall be made for water
on the average of the consumer's previous consumption or other similar
data. Each consumer or owner of the property into which water is introduced
by a pipe service shall be required to maintain in perfect order,
at his own cost and expense, the service pipe from the curb box to
the building and including all piping and fixtures up to the meter.
This shall include repairs made necessary by the freezing or breaking,
for any reason, of service connections, together with necessary excavation
or replacement of pipe or fittings.
[Amended 9-12-2005 by L.L. No. 1-2005; 1-11-2016 by L.L. No. 1-2016]
B.
Setting near property line. In all cases, irrespective of meter size,
where the distance of the service pipe from the property line to the
front wall of the building served is greater than 75 feet, the Town
Board may require that the meter be set at or near the property line.
C.
Setting within street. When, due to special circumstances, it is
necessary to set any meter within the territorial limits of the public
street, all expenses incurred by the Town of Dickinson in connection
with its proper housing shall be reimbursed to the Town of Dickinson
by the consumer or property owner.
A.
The Town Board reserves the right for itself or its duly authorized
agent, including the collectors and meter readers for the several
water districts, to enter the premises of any consumer at all reasonable
hours for the following purposes:
B.
No meter shall be removed without permission from the Town Board.
The Town Board reserves the right to shut off the water for
the purpose of repairing mains or other facilities or for any other
emergency. The Town Board further reserves the right to restrict the
use of water during a dry period by regulating the use to which it
may be put by the consumer. Whenever it is 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 responsible for any damage resulting
therefrom.
[Added 10-14-1991 by Ord. No. 2-1991]
A.
Meter reading and billing.
[Amended 4-6-1994 by Ord. No. 3-1994; 3-1-2004 by L.L. No.
1-2004; 11-9-2009 by L.L. No. 5-2009; 7-8-2013 by L.L. No.
3-2013]
(1)
Meter reading.
(a)
Regularly scheduled readings. Meter readings shall be made and
billed by the Town four times per year, on or about March, June, September
and December.
[1]
Payments not made by the due date on the billing statement shall
result in a penalty of 10% added to the total outstanding water rent.
[2]
Partial payments of bills will not be accepted.
[3]
Outstanding balances on bills will be applied to property taxes
for the next year.
[4]
Customers are responsible for notifying the Town of any billing
errors within 30 days of receipt of the bill.
(b)
If the Water Department suspects that a water meter is not functioning
properly and wishes to read or inspect the meter for the purpose of
checking upon proper operation, the owners or inhabitants of the premises
shall provide Town personnel access to the meter. Owners who do not
provide access to Town personnel in accordance with these regulations
shall have their bills estimated. In addition thereto, the following
shall apply:
[1]
There shall be no refunds for overbilling. Any credits will
be applied to the next billing period.
[2]
Should said failure occur, a nonrefundable fee, as set forth
from time to time by resolution of the Town Board, shall be added
to the water bill for each subsequent billing until said failure is
corrected.
(2)
Special meter readings and billings. The Town reserves the right
to make special meter readings and billings at the discretion of the
Town Board.
B.
Malfunctioning meter. There shall be a fee, as set forth from time
to time by resolution of the Town Board, for the replacement of any
meter up to 3/4 inch. If an owner wishes to have a meter tested by
the Town, there shall be another fee, as set forth from time to time
by resolution of the Town Board. If the meter is accurate, such fee
is not refundable. If the meter is inaccurate, such fee may be applied
toward the cost of a new meter.
[Amended 9-12-2005 by L.L. No. 1-2005; 11-9-2009 by L.L. No.
5-2009]
C.
Returned checks. Payment of any said charges by check shall be subject
to a fee, as set forth from time to time by resolution of the Town
Board, for any checks not honored by the bank. Said fee will be added
to the water bill.[1]
D.
Fees for services provided other than during regular business hours.
If an owner (or an owner's agent) of premises in the Town of Dickinson
connected to a Town water line requests that personnel of the Water
Department be present at or near said premises, other than during
regular business hours of the Water Department, for any purpose other
than a defect or failure of the Town-owned water service, the owner(s)
shall be assessed a fee as set forth from time to time by resolution
of the Town Board. If payment for said service is not received by
the Town Water Department within 30 days of billing, said fee, together
with a 10% surcharge, shall be included on the owner's next water
bill.
[Added 5-4-1994 by Ord. No. 4-1994[2]]
[Adopted 5-10-2004 by L.L. No. 7-2004 (Ch. 102, Art. II,
of the 1983 Code)]
Pursuant to the applicable sections of the Town Law and other
statutes, the Town Board of the Town of Dickinson does hereby establish
and set forth the following rules and regulations governing installation
of water mains, together with specifications therefor, and other matters
in connection therewith.
This article shall be known and cited as "A Local Law Establishing
and Setting Forth Rules and Regulations Governing the Water System,
Together with Specifications Therefor and Other Matters in the Town
of Dickinson, Broome County, State of New York."
These regulations shall apply to the entire Town of Dickinson,
together with any municipality which contracts with the Town on behalf
of water districts, and any outside users of the Town water supply.
No water service connections or facilities shall be made or installed
except in conformity with the provisions of these regulations.
When used in this article, the following words, terms and phrases
shall have the meanings ascribed to them in this section:
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. Typical examples
of such substances are: food-grade dyes, hot water, stagnant water
from fire lines in which no chemical additives are used, etc.
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 the receptacle. The differential distance shall be at least double
the diameter (D) of the supply pipe. In no case shall the air gap
be less than one inch. (See illustration.)
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The owner or property or agent applying for water service.
An acceptable air gap, reduced pressure zone device or double
check valve assembly as used to contain potential contamination within
a facility. This device must also be approved by the New York State
Department of Health and listed as acceptable in the most recently
promulgated transmittal letter of the Environmental Health Manual
as the same is published from time to time hereafter.
A check valve that seats readily and completely. It must
be carefully machined to have free moving parts and assured watertightness.
The face of the closure element and valve seat must be bronze, composition,
or other noncorrodible material which will seat tightly under all
prevailing conditions of field use. Pins and bushings shall be of
bronze or other noncorrodible, non-sticking material, machined for
easy, dependable operation. The closure element, e.g., clapper, shall
be internally weighted or otherwise internally equipped to promote
rapid and positive closure in all sizes where this feature is obtainable.
This device must also be approved as a complete assembly and must
be acceptable to the New York State Department of Health.
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 (see
illustration). This device must also be approved as a complete assembly
and must be acceptable to the New York State Department of Health.
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A device incorporating two or more check valves and an automatically
operating differential relief valve located between the two checks,
two shutoff valves, and equipped with necessary appurtenances for
testing. The device shall operate to maintain the pressure in zone
between the two check valves, less than the pressure on the public
water supply side of the device. This device must also be approved
as a complete assembly and must be acceptable to the New York State
Department of Health and listed as acceptable in the most recently
promulgated transmittal letter of the Environmental Health Manual
as the same is published from time to time hereafter.
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 liquids and/or gases into the
distribution pipes of a public water supply from any source other
than its intended source.
The resulting backflow of contamination, polluted, or otherwise
unacceptable quality water from a plumbing fixture or other customer
source(s) into a public water supply system due to a greater pressure
within the customer's water system. (See illustration.)
 |
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Example: Only the valve at A separates the potable and the sea
water systems aboard a vessel. The vessel's potable water system,
at B, is being filled from the public water supply system at C which
is delivering water at a pressure of 60 psi. At the same time, the
sea water fire-fighting system is activated, which provides sea water
at a pressure of 120 psi. If valve A is open, or leaks, the sea water
will be forced into the public water supply system.
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The backflow of contaminated or polluted water, or water
of questionable quality from a plumbing fixture or other customer
source(s), into a public water supply system main due to a temporary
negative or subatmospheric pressure within the public water supply
system. (See illustration).
 |
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Example: A house is submerged in a laboratory sink at A. Both
buildings are connected to the same public water supply system, C.
This main often lacks adequate pressure. The building on the right
has installed a booster pump in the basement at B, in order to alleviate
low pressures. The booster pump could deplete the water in main C,
thereby subjecting the customer's water system to a pressure less
than atmospheric, thus causing a reversal of flow from the laboratory
in the opposite building.
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A loop of pipe rising approximately 35 feet, at its topmost
point, above the highest fixture it supplies.
Any pipe connecting to a service.
A person who has received a general tester certification
providing satisfactory completion of a training course for testers
of backflow and prevention devices which has been approved by the
New York State Health Department.
Provision of water to premises where the customer is engaged
in trade or business.
The owner or owners of the premises to which water is furnished
as provided in this chapter.
Cross-connection control which isolates the customer's entire
facility from the public water system so as to provide the protection
necessary to prevent contamination of the public water supply in the
event of backflow from the customer's facility.
The presence in water of a substance that tends to degrade
its quality.
A physical connection through which a water supply could
be contaminated.
The owner or agent of record receiving water service from
the water department.
The date upon which a bill or notice is mailed or delivered
personally to the customer.
Provision of water for household residential purposes, including
water for sprinkling lawns, gardens and shrubbery; watering livestock;
washing vehicles; and other similar and customary purposes.
A water line making a connection to the water system for the
purpose of supplying water to fire hydrants on private property around
the exterior of buildings situated thereon; or
A water line making a connection to the water system for the
purpose of extending the line into buildings situated on private property
for the purpose of supplying sprinkler heads or hose reels.
Provision of water to premises for automatic fire prevention.
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 plants, chemical plants, hospitals, mortuaries.
Provision of water to a customer for use in manufacturing
or processing activities.
A joining of two independently operated public water supply
distribution systems.
Provision of water for commercial, agricultural, floricultural
or horticultural use.
Extension of distribution pipelines, exclusive of service
connections, beyond existing facilities.
Distribution pipelines located in streets, highways or public
ways which are used to serve the general public.
Provision of water in measured quantities.
Provision of water to a municipality, district or other public
body.
The integral property or area, including improvements thereon,
to which water service is or will be provided.
The pipe, valves and other facilities by means of which water
is conducted from distribution mains to the curb or shutoff valve.
The pipe, valves and other facilities by means of which water
is conducted from the curb or shutoff valve to the customer's premises.
The entire body of effective rates, rentals, charges and
regulations.
A service for circuses, bazaars, fairs, construction work,
irrigation of vacant property and similar uses at which, because of
its nature, water consumption or use will not be regular or permanent.
A vacuum breaker that is designed so as not to be subjected
to static line pressure.
A vacuum breaker designed to operate under conditions of
static line pressure.
A division of the government of the Town that is under the
authority of the Deputy Commissioner of Public Works.
Any water improvement district located outside the Town,
which is served by the Town water system.
The Deputy Commissioner of Public Works or his/her representative.
The consumer or a person on the premises charged with the
responsibility of complete knowledge and understanding of the water
supply piping within the premises and for maintaining the consumer's
water system free from cross-connections and other sanitary defects,
as required by regulations and laws.
A.
Application for services.
(1)
All applications for the introduction of water 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 application forms furnished by the Water
Department, whereby he/she agrees to abide by the rules and regulations
set forth herein.
(a)
Upon receipt of an application for a new service or reinstatement
of an existing service, the Water Department may assume that the piping
and fixtures which the service will supply are in proper order, and
the Water Department will not be liable for any accident, breaks,
leakage or damage of any nature resulting from, relating to or arising
out of the supply of water or failure to supply same.
(b)
When accepted by the Water Department, the application shall
constitute a contract between the Water Department and the applicant,
obligating the applicant to pay the Water Department its established
rates and to comply with its rules and regulations. Applications will
be accepted subject to there being an existing main in the street
or right-of-way abutting on the premises to be served, but acceptance
shall in no way obligate the Water Department to extend its mains.
(2)
Separate application for each premises. A separate application must
be made for each premises. The word "premises" as used herein shall
be defined as follows:
(a)
A building under one roof owned or leased by one customer and
occupied as one residence or one place of business.
(b)
A combination of buildings owned or leased by one customer in
one common enclosure, occupied by one family or one corporation or
firm as a residence or place of business.
(c)
Each unit of a multiple townhouse or building separated by a
solid vertical partition wall, occupied by one family or one firm
as a residence or place of business.
(d)
A building owned or leased by one customer having a number of
apartments, offices or lofts which are rented to tenants or using
in common one hall and one or more means of entrance.
(e)
Garden apartments owned by one individual or firm and located
in one common enclosure.
(3)
Temporary service. Application of contractors, builders and others
for temporary water service will be accepted, and temporary water
service will be supplied, providing it does not interfere with use
of water for general purposes. The quantity of water taken for such
purposes shall be determined either by meter or by estimate and paid
for in accordance with the rate schedule applicable to metered general
purposes. Customers requiring temporary water service shall reimburse
the Water Department for all its expenses in connection with the necessary
temporary service connections and a deposit, in an amount specified
by the Department, will be required in every instance.
(4)
Plumbing plan required in certain instances. Where service is desired
for multiple dwelling, commercial, or industrial use, a detailed plumbing
plan showing service supply, fixtures and equipment and any other
water use facilities must be submitted at the time of application.
(5)
Connection charges and dates. All connections to the street mains
will be made by the Water Department with extension to the curb, for
which the applicant will pay as agreed at the time of application
according to the schedule of charges provided in "A Local Law Establishing
Water Rates and Connection Charges for the Town of Dickinson, New
York," as amended. After November one of any year the Water Department
will make no installation of water mains or service connections until
weather permits in the spring, except in case of emergency.
(6)
Plumber considered agent of owner. Any plumber designated and employed
by the owner of the premises will be considered the agent of such
owner while employed in the prosecution of the work of introducing
service into said premises and in no sense as the agent of the Water
Department; neither will said Water Department nor the Town be responsible
for the acts of such plumber.
(7)
Public safety. Whenever any street or public grounds shall be opened
for the purpose of making a connection with the mains or for laying
any water lines or fixtures, public safety and convenience shall be
duly regarded and the street or public place shall be restored to
its original condition as soon as possible; and whenever a trench
is opened, bridges for the safety and convenience of the public shall
be provided, and if left open at night, such excavations and bridges
shall be guarded with barricades and lights shall be displayed to
warn and protect the public. The application must contain from the
Public Works Department the required permit and display the same in
the Town.
(8)
Expenses for injury, damage to fixtures. An injury to service pipes,
street mains, hydrants, valve boxes, or other fixtures and any damage
that may be caused by leakage or flow of water occasioned by such
injury caused by putting in any pipe, or by any excavation, embankment,
track laying, paving or other construction, shall be paid by the contractor
doing the work, or by the owner of the premises, or the person or
corporation for whom such work is being done.
(9)
Branch lines. No branch line will be allowed to be inserted in any
service pipe without a written permit from the Water Superintendent,
and this will only be issued on condition that a stop cock be provided
that will always be under control of the Water Department where branches
already exist not provided with stop cocks; in case of default in
payment of water rent by any one consumer, the main service may be
cut off until the back charges are paid, and the Town shall not be
liable for damages from any other consumer who may thus be deprived
of water.
(10)
Size and type of pipe.
(a)
No service shall be smaller than three-fourths-inch inside diameter.
Type K copper pipe with flare fittings or ductile iron pipe and fittings
of quality equal to American Water Works Association (AWWA) specifications
suitable for service under a pressure of 150 pounds per square inch
shall be used for two-inch inside diameter and smaller pipe with fittings
conforming to applicable AWWA specifications as directed by the Water
Superintendent. Services larger than two-inch diameter shall be ductile
iron. The size of service pipe shall be in accordance with the New
York State Plumbing Code.
[Amended 5-14-2007 by L.L. No. 3-2007]
(b)
No secondhand or used pipe of any description shall be used.
No copper tube or brass pipe shall be installed or bedded in concrete,
and if passed through or under cinder concrete or cinder blocks, it
shall be protected against external corrosion.
(c)
Whenever connections with the street mains or services are being
laid, or repairs are made to same, said connections and lines are
not to be covered with earth, stones, dirt or otherwise until inspected
and approved by the Water Superintendent.
(11)
Laying of service pipe. Services will be required to be laid
so as to be no less than four feet below the surface of the ground
at any point outside of the foundation wall of the building into which
the service is to be introduced; and in case final grade of the street
or sidewalk has been officially determined and established, then said
service shall be laid at a depth of not less than four feet below
said established grade at all points so that when the street and walk
are graded there shall be not less than four feet covering of earth
over it at every point; and in no case shall a service be permitted
to be laid in the same trench with a sewer, gas, steam, electrical
or other conduit. Whenever the service is extended into the premises
from a main passing said premises along any front thereof, it shall
be extended at right angles with said main to the inside of the curbline,
at which point will be placed a curb cock and curb box. The water
mains shall be laid at least 10 feet from a sewer line and a service
connection shall be laid at least five feet from a sewer line.
(12)
Maintenance of service. The owner of property into which water
is introduced by a service will be responsible for maintaining in
perfect order at his or her own cost and expense the service from
the point where it leaves public lands or lines owned by others and
enters the lands of the property owner, so as to prevent loss of water
by leakage. In the event the service connection is not maintained
in a suitable condition and causes loss of water by leakage, the property
owner or occupant will be notified to correct such condition. If the
property owner or occupant fails or neglects to correct such condition
as specified in said notification, the Water Department may, at its
option, either shut off the water until said repairs are satisfactorily
completed or thereupon enter upon the subject premises, make such
repairs as are necessary, and the cost thereof shall be borne by the
property owner, failing payment for which the water may be shut off.
The Water Department shall not be responsible if the service from
the curb box to the meter freezes. To avoid a recurrence of freezing,
the Water Department may order an examination of the customer's service
line, and if the same is not at a depth of five feet as required,
the Department reserves the right to require it to be so relocated
before service is resumed.
[Amended 1-11-2016 by L.L. No. 1-2016]
(13)
Right of entry. Employees of the Water Department may enter,
and may 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 all work in connection with
such service.
(14)
Shutoff of water. Water may be shut off by the Water Department
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 will be given, but in case of emergency, the water may
be shut off without notice and the Water Department shall not be held
responsible for any damage resulting therefrom.
A.
Type.
(1)
An individual meter shall be required for each residence, commercial
or industrial enterprise, apartment house complex (more than one apartment
house) and for each trailer park (more than one trailer) and for each
separate service to a premises.
(2)
The Water Department reserves the right in all cases to stipulate
the size, type and specification of the meter to be used.
(3)
Whenever possible, a meter of fewer than four inches in size shall
be set in the basement. The meter shall be located at a convenient
point approved by the Water Department so as to protect the meter
and to measure the entire supply of water through the service line
and service pipe. When a meter cannot be set in the basement, it will
be set at or near the property line or at a place designated by the
Water Superintendent. The consumer shall bear all costs of pit or
housing for the meter, as approved by the Water Department.
(4)
A meter four inches in size and larger shall be set at or near the
property line or at a place designated by the Water Department, and
the customer shall bear all costs of a pit or housing for the meter,
including bypass for testing as approved by the Water Department.
All meters four inches or larger shall have a bypass for testing.
(5)
Where the distance from the property line to the meter is greater
than 100 feet, irrespective of meter size, the distance may require
that the meter be set at or near the property line and the customer
shall bear all costs of a pit or housing for the meter, as approved
by the Water Department.
B.
Installation, cost and title.
(1)
Water meters of one-inch size and under shall be purchased by the Water Department to be installed by or under the direction of the Water Department. Water meters more than one inch in size shall be installed by a person, firm or corporation approved by the Water Department. The cost of the meters and the cost of installation shall be borne by the owners or applicants pursuant to the provisions of § 557-10 of this chapter or the provisions of any ordinance subsequently adopted. Title to any water meter shall remain in the Town, and the installation by the Water Department or by a person, firm or corporation approved by the Water Department of a water meter on any private property shall not affect ownership of the water meter by the Town. Each owner of real property or person having an interest in real property shall be deemed to have consented to the retention of ownership of the water meter by requesting, allowing or permitting water service to be installed in that property, or allowing the property to be occupied by someone with apparent authority to request, permit or allow installation of water service to that property, and such meter shall never be considered a fixture attached to the real property.
(2)
In every installation of water service, before a permit is granted,
the owner or applicant shall provide facilities for setting of a water
meter according to specifications provided by the Water Department.
Such facilities shall include provision for the water meter to be
set in a horizontal position in such manner as to afford ready access
to inspect, and shall be protected against frost, steam or hot water.
The owner or applicant shall provide, for each meter installed after
the effective date of this article, a shutoff valve on each side of
the meter, and in services larger than four inches, a bypass line
connecting the service pipe on each side of the meter. Said bypass
line shall be sealed by the Water Department and used only with permission
of the Water Department when the meter is being repaired. Water consumed
during the time said bypass is being used shall be estimated on a
prorated basis using the prior water bill, and a charge for the same
shall be included in the succeeding water bill.
(3)
Easements and rights-of-way. Applicants for service shall deliver,
without cost to the Water Department, permanent easements or rights-of-way
when necessary for the installation and maintenance of meters, service
lines and service connections. The Water Department shall not be obligated
to commence any construction until applicants have delivered satisfactory
easements or rights-of-way or have agreed to pay all costs of the
Water Department to obtain easements or rights-of-way.
C.
Removal, inspection and reading.
(1)
A property owner or occupant shall, during any reasonable hour, permit
the entrance on the premises of a duly authorized representative of
the Water Department for the purpose of removing a water meter for
repair and/or testing, and shall permit the entrance on the premises
of said representative for the purpose of reading and/or inspecting
a water meter.
(2)
It shall be the responsibility of every property owner or occupant
to keep water meters in an accessible location where said authorized
representative may conveniently inspect, read or remove the water
meter.
(3)
In the event that the water meter cannot be inspected and/or read
and/or removed with convenience, the property owner or occupant will
be notified by a duly authorized representative of the Water Department
to correct the existing condition with regard to the water meter.
If the property owner or occupant fails or neglects to correct the
condition within the time specified by the duly authorized representative
of the Water Department, then and in that event the Water Department
shall either issue an estimated bill for past service or discontinue
water service to said property owner or occupant of said premises
until such time as compliance is made with the directions of said
representative.
(4)
The water meter may, after installation, be sealed by the Water Department,
which shall thereafter have exclusive control over the water meter.
No water meters may be removed without a written permit from the Water
Department. The Water Department may remove or cause to be removed
a meter at any time for testing, maintenance or substituting another
meter, temporarily or permanently.
(5)
Each meter on a customer's premises will be considered separately,
and readings of two or more meters will not be combined.
D.
Damage. No person other than an employee of the Water Department
shall interfere with or remove any water meter, sealing device or
coupling from any meter installation after it has been placed in service
by the Water Department. Any meter damaged by frost, hot water, steam
or any careless or negligent acts of the owner or applicant shall
result in the cost of repair being assessed to the owner or applicant,
and such costs shall be a charge upon the real property. Any willful
acts by the owner or applicant resulting in injuries to a water meter,
or any acts designed to interfere with the proper operation of a water
meter, shall be cause for a discontinuance of water service, and the
cost of such discontinuance shall be assessed to the owner and charged
to the real property.
E.
Submetering prohibited. The submetering or sale or gift by water
consumers to others is strictly prohibited and shall be cause for
the Water Department to discontinue service and charge the cost of
such discontinuance to the owner and such costs shall be a charge
against the real property.
F.
Testing.
(1)
In case of question as to the accuracy of a meter furnished by the
Water Department, the meter will be tested by the Water Department
upon the request of the customer. The testing fee, as set forth from
time to time by resolution of the Town Board, shall be payable in
advance of the test.[1]
(2)
In the event that the meter so tested is found to have an error in
registration to the prejudice of the customer in excess of 10% at
any rate of flow within normal test flow limits, the fee advanced
for testing will be refunded, and prior water bills will be adjusted
for over-registration as determined by the Water Superintendent, subject
to appeal to the Town Board.
(3)
The Water Department may require at any time the testing at the cost
and expense of the customer of any meter furnished by a customer.
If such test of a meter is less than two years after a previous test
of the same meter, and the meter is found to have error to the prejudice
of the customer of 10% or less at any rate of flow within normal test
flow limits, the Water Department will pay the cost of the test; otherwise
the cost of the test shall be borne by the customer.
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 have no interconnection
into the public water system.
(2)
Each service connection from a public water supply 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)
Each service connection from a public water system for supplying
water to a hazardous facility shall be protected against backflow
of the water from premises into the public system.
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 defined as nonhazardous,
where there is an auxiliary water supply handled in a separate piping
system with no known cross-connection, if the user justifies the need
for a separate source of water, the public water supply shall be protected
by:
(a)
Requiring the user to regularly examine the separate water source
as to its quality;
(b)
Requiring the Water Department to regularly examine and inspect
the auxiliary water supply and separate piping;
(c)
Approving the use of only those separate water sources which
are properly developed, constructed, protected and found to meet the
requirements of Sections 5-1.51 and 5-1.52 of Subpart 5-1 of the New
York State Sanitary Code;
(d)
Filing such approvals with the state annually; and
(e)
Requiring an internal plumbing control.
(2)
At any service connection to any premises defined as a hazardous
facility, the public water supply shall be protected by an approved
RPZ or air gap to be installed in the service connection to the public
water distribution system. Each of the below-listed facilities are
considered hazardous facilities:
|
Type of Facility
|
Potential Hazard
| |
|---|---|---|
|
Sewage and industrial wastewater treatment plants and pumping
stations, sewer flushers, etc.
|
Sewage industrial wastewater, contaminated water, toxic chemicals,
etc.
| |
|
Paper manufacturing or processing, dye plants, petroleum processing,
printing plants, chemical manufacturing or processing, industrial
fluid systems, steam generation, rubber processing, tanneries
|
Toxic chemicals, water conditioning compounds; examples: toxic
dyes, acids, alkalies, solvents, quaternary ammonia compounds, mercury
chromium, etc.
| |
|
Canneries, breweries, food processing, milk processing, ice
manufacturing, meat packers, poultry processing, rendering companies,
etc.
|
Process wastewater, steam, detergents, acids, caustics, refrigeration
lines
| |
|
Hospitals, clinics, laboratories, veterinary hospitals, mortuaries,
embalmers, etc.
|
Bacterial cultures, laboratory solutions, blood and tissue waste,
toxic materials, etc.
| |
|
Metal plating, photo processing, laundries, commercial car washes,
commercial refrigeration systems, dry-cleaning establishments, etc.
|
Toxic chemicals, concentrated cleaning agents, solvents, etc;
example: cyanides, fluorides, copper, chromium, caustic and acid solutions,
etc.
| |
|
Commercial greenhouses, spraying and irrigation systems using
weedicides, herbicides, exterminators
|
Toxic chemicals; examples: ammonium salts, phosphates, 2.4 D
sodium arsenite, lindane, malathion, etc.
| |
|
Boiler systems, cooling towers or internal fire-fighting compounds,
systems using conditioners, inhibitors, corrosion control chemicals,
etc. Typically: apartment buildings, cooling towers, warehouses
|
Toxic chemicals; examples: hydrazine, sodium antifreeze solutions,
etc.
|
(3)
At any service connection to aesthetically objectionable facilities,
an approved double check valve assembly must be installed in the service
connection to the public water distribution system. Each of the below-listed
facilities are considered aesthetically objectionable facilities:
|
Type of Facility
|
Potential Hazard
| |
|---|---|---|
|
Customer fire protection loops, fire storage tanks (with no
chemical additives)
|
Stagnant water, objectionable tastes, odors
| |
|
High temperature potable water
|
Objectionable temperatures
| |
|
Utilization of food-grade dyes
|
Objectionable color
| |
|
Complex plumbing systems in commercial buildings; typically:
barber shops, beauty salons, churches, apartment buildings, gas stations,
supermarkets, nursing homes, construction sites, carnivals
|
Plumbing errors, obsolete plumbing equipment, poor plumbing
inspection/correction programs
|
C.
Frequency of inspection of protective devices. It shall be the duty
of the water user on any premises where backflow protective devices
are installed to have competent inspections made at least once a year,
or more often in those instances where successive inspections indicate
repeated failure. These devices shall be rebuilt or replaced at the
expense of the water user whenever they are tested and found to be
defective, but at least every five years. These tests shall be performed
by a certified backflow prevention device tester, and all test results
will be provided to the Water Department within 72 hours after the
test is made. Records of such tests, repairs and overhaul shall also
be kept and made available to the Water Department and the local Health
Department upon request.
D.
Recourse for noncompliance.
(1)
No water service connection to any premises shall be installed or
maintained by the Water Department unless the water supply is protected
as required by state regulations and this article.
(2)
Service of water to any premises may be discontinued by the Town
if a backflow preventive 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 be restored until such conditions
or defects are corrected.
A.
Regulations.
(1)
Separate drinking water systems. Whenever the Water Department 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.
(2)
Fire systems. Water systems for fighting fires that derive their
water from a supply that cannot be approved as safe or potable for
human use shall, wherever practicable, be kept wholly separate from
drinking water pipelines and equipment. In cases where the domestic
water system is used for both drinking and fire-fighting purposes,
approved backflow prevention devices shall be installed to protect
such individual drinking water lines as are not used for fire-fighting
purposes. Any auxiliary fire-fighting water supply which is not approved
for potable purposes shall not be connected such that it may be introduced
into potable water piping.
(3)
Process waters. Potable water pipelines connected to equipment for
industrial processes or operations shall be protected by a suitable
backflow prevention device located beyond the last point from which
drinking water may be taken, which device shall be provided on the
feed line to process piping or equipment. In the event the particular
process liquid is especially corrosive or apt to prevent reliable
action of the backflow prevention device, air gap separation shall
be provided. These devices shall be tested by the water user at least
once a year, or more often in those instances where successive inspections
indicate repeated failure. The devices shall be repaired, overhauled
or replaced whenever they are found to be defective. These tests must
be performed by a qualified backflow prevention device tester, and
records of tests, repairs and replacement shall be kept and a copy
forwarded to the Water Superintendent.
(4)
Plumbing connections. Where the circumstances are such that there
is special danger to health by the backflow of sewage, as from sewers,
toilets, hospital bedpans and the like, into a drinking water system,
a dependable device shall be installed to prevent such backflow.
(a)
The purpose of these regulations is only to deal with those
extraordinary situations where sewage may be forced or drawn into
the drinking water piping. These regulations do not attempt to eliminate
at this time the hazards of backsiphonage through flushometer valves
on all toilets, but to handle those situations where the likelihood
of vacuum conditions in the drinking water system is definite and
there is special danger to health. Devices suited to the purpose of
avoiding backsiphonage from plumbing fixtures are roof tanks, barometric
loops or separate pressure systems separately piped to supply such
fixtures, recognized approved vacuum or siphon breaker and other backflow
protective devices which have been proved by appropriate tests to
be dependable for destroying the vacuum.
(b)
Inasmuch as many serious hazards of this kind are due to water
supply piping which is too small, thereby causing vacuum conditions
when fixtures are flushed or water is drawn from the system in other
ways, it is recommended that water supply piping that is too small
be enlarged whenever possible.
(5)
Marking safe and unsafe water lines. Where the premises contain dual
or multiple water systems and piping, the exposed portions or pipelines
shall be painted, banded or marked at sufficient intervals to distinguish
clearly which water is safe and which is not safe. All outlets from
secondary or other potentially contaminated systems shall be posted
as being contaminated and unsafe for drinking purposes. All outlets
intended for drinking purposes shall be plainly marked to indicate
that fact.
B.
Responsibilities.
(1)
Water Supervisor. The local Health Department and the Water Department
shall be kept informed of the identity of the person responsible for
the water piping on all premises concerned with these regulations.
At each premises where, in the opinion of the Water Department, this
is necessary, a Water Supervisor shall be designated. The Water Supervisor
shall be responsible for the installation and use of pipelines and
equipment and for the avoidance of cross-connections.
(2)
In the event of contamination or pollution of the drinking water
system due to a cross-connection on the premises, the local Health
Officer and the Water Department shall be promptly advised by the
person responsible for the water system so that appropriate measures
may be taken to eliminate the contamination.
A.
Installation. Standpipes, or pipes for automatic suppression of fire
in buildings, which fixtures are only intended for such use, may be
attached to the water supply. All material for such connections shall
be approved by the Water Superintendent and all labor in carrying
such services to the main shall be done by the customer. All such
pipes must be provided with suitable valves outside of the building
and under the exclusive control of the Water Department, and with
a meter approved by the Water Department purchased and installed at
the expense of the property owner. The entire cost and expense of
installing the fire service shall be borne by the owner of the premises.
Under no condition shall connection be made with such fire protection
fixtures for the supply of water for any other purpose.
B.
Maintenance. The owners of the premises where pipes are in service
for fire protection only shall maintain such service pipes their entire
length from the street main into the premises and they shall be responsible
for any damage that may be caused by a leak in such pipe, or the breaking
or bursting of such pipes, unless such damage has been caused through
some fault of the Water Department.
A.
Control and damage. All Water Department hydrants are under the control
of the Water Department. No person shall use a wrench to open a hydrant,
except an authorized employee of the Water Department or a Fire Department
contracted to provide assistance in the Town of Dickinson. Any person
causing damage to a fire hydrant by collision or otherwise will be
held responsible for any damage caused thereby, and they should immediately
report same to the Water Superintendent or nearest fire station or
the New York State Police, providing his or her name and address.
B.
Permits for use.
(1)
The Water Superintendent will not issue any permits for the use of
hydrants unless there is no other possible way to get water without
unreasonable hardship.
(2)
No permits will be issued between November 15 and April 15.
(3)
If the Water Superintendent issues a temporary permit, the person
or persons making application will pay a fee, as set forth from time
to time by resolution of the Town Board, for said permit. In the event
that any water is removed from any fire hydrant without first obtaining
such permit pursuant to this section, the permit fee shall still be
paid. Additional charges will be made as follows:[1]
(a)
For construction work: a cash deposit in an amount, as set forth
from time to time by resolution of the Town Board, shall be placed
with the Water Superintendent, against which deposit water used will
be charged in accordance with the schedule of water rates. The balance
shall be refunded to the applicant upon completion of the project
for which the permit was obtained.
(4)
If the Water Superintendent issues a temporary permit, he may also
designate the particular hydrant to be used, in order to avoid water
quality/pressure problems in the system.
C.
Obstructions. No person shall place any obstruction that would prevent
free access to any fire hydrant.
A.
General rules.
(1)
Water service may be discontinued by the Water Department for any
of the following reasons:
(a)
Use of water other than as represented in the customer's application,
or through branch connections on the street side of the meter or place
reserved therefor.
(b)
Willful waste of water through improper and imperfect pipes,
or by any other means.
(c)
Damaging or molesting any main, service line, seal, meter, or
any other property or installation of the Water Department.
(d)
Nonpayment of bills for water or services rendered by the Water
Department.
(e)
Cross-connecting pipes carrying water supplied by the Water
Department with any other source of supply, or with any apparatus
which may endanger the quality of the water supply without proper
devices and prior approval.
(f)
Refusal of reasonable access to the property for the purposes
of reading, repairing, testing or removing meters or inspecting water
piping and other fixtures.
(g)
Violation of the rules of the Water Department as set forth
in its rules and regulations.
(h)
Failure to repair leaking service lines after notice.
(2)
If any building is razed, moved or abandoned, it will be the responsibility
of the owner or the authority which requires such razing, moving or
abandonment by virtue of public improvement to notify the Water Department
to remove the water meter. The owner may be required to discontinue
the service line at the water main, under the supervision of the Water
Department. The owner shall be responsible for any costs associated
with said action.
B.
When for any reason the use of a service is discontinued, such service
shall be shut off at the curb cock, and in case this section has not
been complied with, such service may be so shut off, and all expense
connected therewith shall be borne by the owner and chargeable against
the property at which such service was discontinued regardless of
whether or not such owner owned such property at the time that such
service was discontinued. If the owner refuses to reimburse the Water
Department for service so rendered, the water will not be restored
until payment is made.
A.
Right of Water Department. Water may be shut off by the Water Department
from any service or main for the purpose of making or constructing
new work or making repairs in the water system, or for enforcement
of payment of moneys or charges due to the Water Department and for
other matters in accordance with the rules and regulations set forth
in this article or in order to enforce compliance therewith. In case
of making or constructing new work or in making repairs, the right
is reserved to shut off the water from any consumer without notice
for as long a period as may be necessary.
B.
Notice. Except as otherwise stated in these rules and regulations,
a five-day written notice will be given to the owners of the premises
as shown by the latest assessment roll by first-class mail, addressed
to him or her at such premises, before the water is shut off for nonpayment
or violation of these rules and regulations. It is understood and
agreed, however, that the Water Department shall not be liable for
any damage which may result to any person or premises from the shutting
off of the water from any main or service for any purpose whatever
in cases where no notice is given.
C.
Compliance with rules required before service restored; charge for
turning on water. Whenever the water supply has been shut off for
a failure to comply with these rules and regulations, it shall not
again be turned on, except by the Water Department, until compliance
is made with these rules and regulations in the matter and payment
made by the owner of the premises concerned to the Water Department
of all expenses incurred by the Department in so shutting off such
water supply.
Any person, firm or corporation adversely affected by a decision
of the Water Superintendent may appeal the same in writing within
10 days to the Town Board.
The violation of any of the provisions of this article is an
offense, and any person violating any provisions of this article shall
be subject to a fine not exceeding $250 or imprisonment not exceeding
15 days, or both. In addition to the above provided penalties, the
Town may 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 this article.
