Article I Water Service

An additional one-time charge of 10% of the total unpaid amount for that quarter, if bills are being paid quarterly, or for that month, if bills are being paid monthly, shall be added to the bill if payment has not been received within 30 days of the date of the bill. If bills are being paid quarterly, the 10% charge shall be imposed once upon each quarterly bill for which payment has not been received within 30 days of the date of the bill. If bills are being paid monthly, the 10% charge shall be imposed once upon each monthly bill for which payment has not been received within 30 days of the date of the bill.

If such bills remain unpaid for 45 days or more after the date of the bill, the water service may be discontinued until such time as the bill is paid, and billings thereafter shall be payable monthly rather than quarterly.

[Amended 11-10-1998 by L.L. No. 2-1998[1]]

§ 124-5 Meters and remote-reading devices in metered districts.

Editor's Note: This local law also repealed former Subsection A(2), regarding interest accruing on unpaid balances, and provided for the renumbering of former Subsection A(3) as A(2).

As required by Article 12, § 198, Subdivision 3-d, of the Town Law, and any amendment thereto, if payment is not received by October 31, all delinquent amounts will be added to the Clinton County tax rolls. Payments for the delinquent amounts after October 31 cannot be accepted. Any such payment to the Town after October 31 will be returned to the customer.

Bills are due and payable in full as of the date of billing. Regardless of any understanding or agreement to the contrary between other parties, the owner of the property shall be responsible for payment of the bill. However, by special written arrangement, a bill may be sent to the owner in care of a tenant or lessee for payment, but the owner remains responsible for all unpaid bills. Charges for services to other than property owners are due in full as billed, in accordance with § 124-4A.

In the event that water service has been discontinued as provided in Subsection A(3) above, then a reconnection fee must be paid before service is reconnected. The amount of such fee shall be established by the Town Board under separate legislation and may be by resolution.

[Added 4-9-1996 by L. L. No. 1-1996]

[Added 10-8-1996 by L. L. No. 3-1996[1]]

After January 1, 1996, all meters are to be of the remote-reading type. If, for any reason the owner and/or tenant or lessee does not permit the installation of a remote-reading device, there will be an additional charge of $10 each billing period.

All water will be supplied by meter measurement. The meters, remote readers and connections will be furnished by the district or Town and remain the property of the district or Town. The consumer shall bear and pay all expenses for initial cost and repairs to meters occasioned by fire, frost, accident or misuse. The consumer shall be liable for the loss of a meter for any cause.

No person other than the superintendent or employee of the Town shall install, repair, interfere or tamper with any meters, remote-reading devices or dials thereof. If a meter is out of order or fails to properly register the water consumption, it will be changed or repaired and the consumer will be charged according to the consumption during the previous corresponding period.

§ 124-6 Installation of meters and remote-reading devices.

Editor's Note: This local law also renumbered former § 124-5, Improper functioning of water meters or remove-reading devices, as § 124-7.

[Added 10-8-1996 by L. L. No. 3-1996]

Inside building.

Meters installed within buildings shall be installed as close as practicable to the point where the service pipe enters and where adequate protection from freezing and damage will be afforded. The meter shall be so located as to have it readily accessible at all times for service, inspection or repair by the Town. Provision shall be made so as to prevent hot water from reaching the meter by the installation of a swing-type check valve on the house side of the meter.

Valves must be installed on the street side of the meter.

All service lines must have a valve on both sides of the meter.

(4)

It is advisable that, when water pressure exceeds 60 pounds pressure, a pressure reducer should be installed on the customer's side of the meter at customer's expense.

(5)

Hours of water meter installation or removal shall be 8:00 a.m. to 3:30 p.m., Monday through Friday (except holidays). Emergency cases will be handled on a twenty-four-hour basis.

Meter pits. Any consumer not having a heated area for the installation of a water meter, such as an unheated basement, crawl space or utility room, shall install a meter pit to one of the following specifications:

Precast concrete with concrete cover and concrete floor, 5.5 feet deep, four feet inside diameter; have a manhole of a minimum diameter of 24 inches; and have drain or sump pump to keep it free of water. The meter pit shall be located at a point approved by the Town, the lid of which shall be flush with the ground level or finished lawn grade. Meter setters approved by the superintendent shall be installed with stop valves on the inlet side and the outlet side of the meter. Provision shall be made to prevent hot water from reaching the meter by the installation of a swing-type check valve on the house side of the meter. All new meters in pits shall be equipped with remote-reading devices and, whenever possible, with the device placed at a convenient location for reading; or

§ 124-7 Improper functioning of water meters or remote-reading devices.

For residential services, a cold-water meter pit as manufactured by Mueller/McCullough meter set boxes or equal may be used. The pit shall be 15 inches in diameter and of suitable depth to keep the meter 5.5 feet below finished grade. The fittings shall be suitable for connection with the five-eighths-inch and three-fourths-inch size cold-water meter described hereafter. The pit shall also include three-fourths-inch angle valve with lock wing; three-fourths-inch meter coupling; three-fourths-inch two-hundred-fifty-pounds-per-square-inch polybutylene tubing of suitable length to allow the meter to be brought to the ground surface; three-fourths-inch inlet and outlet; service-line connection couplings for connections to three-fourths-inch copper tubing service lines; insulation pad and cast-iron locking lid clearly marked "Water Meter." All new meter pits shall be equipped with remote-reading devices and, whenever possible, with the device placed at a convenient location for reading.

All meters and remote-reading devices shall be readily accessible for inspection, removal or reinstallation between the hours of 8:00 a.m. and 3:30 p.m., Monday through Friday (except holidays) by authorized personnel of the Town.

All meters and remote-reading devices shall not be concealed unless an easily removable access door or opening is provided for the Town to service the meter and remote receptacle. All costs shall be borne by the customer to provide suitable access to the meter and/or remote-reading device in an exterior area instead of a location within the building. The customer shall pay for the cost to install the meter pit, cover and post to mount the remote receptacle.

Water service may be discontinued to any customer or potential customer who denies ready access to the meter or who prohibits the installation of a remote-reading device.

In the case of a malfunctioning water meter, which includes a stuck, noisy or leaking meter, the customer shall, with all diligence, give timely notice thereof to the Town.

If there is a malfunctioning remote reading device, which includes cut cable and a damaged or removed receptacle, the customer shall, with all diligence, give timely notice thereof to the Town.

The costs of all repairs to meters and remote reading devices damaged due to negligence shall be borne by the customer.

§ 124-8 Meter tests.

[Added 10-8-1996 by L. L. No. 3-1996]

When a meter has been tested upon the written request of the customer and, if so desired by the customer, in his presence, found to be accurate with the American Water Works Association (AWWA) limits for the particular meter, a charge of $25 must be paid by the customer.

The Town reserves the right to remove and test any meter, at no cost to the customer, at any time it is deemed necessary by the Town.

If the test results do not meet the AWWA accuracy limits, the meter shall be replaced at no charge to the owner and there shall be no charge for the test and the most current water bill shall be adjusted as necessary, either up or down, to compensate for the meter error.

§ 124-9 Meter tampering prohibited.

[Added 10-8-1996 by L.L. No. 3-1996[1]; amended 3-12-2024 by L.L. No. 2-2024]

Meters, remote-reading devices, and seals shall not be tampered with or disturbed by any unauthorized person. Tampering with meters, remote-reading devices or seals shall be a violation. Reference § 124-23, Notification of violation; hearing; penalties for offenses; falsifying information.

Editor's Note: This local law also renumbered former § 124-9, Fees, as § 124-16.

§ 124-10 Vacant premises.

[Added 10-8-1996 by L.L. No. 3-1996[1]]

Customers whose premises are vacant or unoccupied, whether intended for occupancy by owner, tenant or lessee, shall pay a service charge of $10 for removing and $10 for resetting the meter when service discontinuance is requested by the owner.

If the meter of any vacant or unoccupied premises is damaged or missing, the owner of the premises at the time of resetting or reported damage or loss to the meter shall be responsible to pay for any repair cost or a replacement meter cost, whichever is necessary as determined by the Town.

Editor's Note: This local law also renumbered former § 124-10, Additions or alterations in pipes; permit required, as § 124-17.

§ 124-11 Submetering prohibited.

[Added 10-8-1996 by L.L. No. 3-1996]

Submetering or resale of water by customers is prohibited unless specifically approved by the Town.

§ 124-12 Service lines to be separate.

[Amended 10-8-1996 by L.L. No. 3-1996[1]]

Not more than one building or facility shall be supplied from the same service line. If the Town shall determine that strict compliance with this section will create practical or technical difficulties or unnecessary hardship, a special permit for more than one building to use the same service line may be granted, provided that the operation, maintenance and control of the service furnished is substantially the same as in all single connections.

§ 124-15 Connecting service lines to mains.

Editor's Note: This local law also renumbered former §§ 124-12 through 124-16 as § 124-24.

§ 124-13 Standards required.

[Added 10-8-1996 by L. L. No. 3-1996]

Except as hereinafter provided, service pipes and fittings shall conform to those standards and shall be of whatever size the Town shall determine to be necessary to ensure the proper operation, maintenance, safeguards and control of the service to the customer by the Town.

All residential service shall be copper tubing, ASTM 888-70, Type K, or as subsequently modified for seamless copper water tube, with an inside diameter of not less than 3/4 inch nor more than one inch.

All other service pipes shall be cement-lined, ductile iron AWWA C-151 or copper tubing, Type K, as above, from the street main to the valve inside the building.

All service pipe connections shall be flare, flange, tyton joint, mechanical joint or compression type. No lead or solder joints are allowed.

All materials must be of an acceptable quality, free from defects and all work must be executed in a workmanlike manner.

All excavations required for the installation of a water service shall be open trench work unless otherwise approved by the Town. Pipe laying and backfill shall be performed in accordance with the applicable provisions of AWWA C-600, except as modified by these regulations.

After the pipe is laid, it must be inspected by the Town before filling in. As the trench is backfilled, care must be taken not to deposit any stone or rock within 12 inches of the pipe. Stone or rock exceeding 12 inches in diameter shall not be deposited as trench fill. As the trench is filled, the earth must be tightly tamped, on each side of the pipe and over the pipe, so as to secure as near as possible to the original degree of soil compaction.

All piping shall have a minimum of 5.5 feet of cover below finished grade.

The owner or his representative shall notify the Town 24 hours prior to being ready for an inspection.

§ 124-14 Service line maintenance.

[Amended 10-8-1996 by L. L. No. 3-1996]

The service line from the curb stop to the meter shall be the responsibility of the customer.

When determined by the Town that an emergency exists or in instances in which a customer neglects to provide proper maintenance, the water service line on the customer's side of the curb box shall be repaired by the Town and the owner of the property shall be billed for the cost thereof. An invoice of such repair cost will be prepared and the customer will be billed. The cost shall be subject to the same penalties as provided for in this article.

[Amended 10-8-1996 by L. L. No. 3-1996]

No person, corporation or business shall make or cause to be made a tap or connection to use water for any purpose without having first obtained permission from the Town. All applications for permission for the introduction of water to any premises or for the extension of any pipe for the conveyance of that water shall be made on forms furnished by the Town for that purpose along with a notarized signature of the owner of the property. The application shall include a statement of all uses for which the water is desired. Payment of the fees as applicable shall be made at the time of filing the application. If required by the Town, the application for the permit shall be supplemented by plans, specifications and other such information deemed pertinent by the Town. At least 24 hours' notice shall be given to the Superintendent or employee of the Town prior to the proposed date of such connection or tap.

[Amended 3-12-2024 by L.L. No. 2-2024]

All work performed in making a water connection shall be in accordance with all Town local laws, ordinances, resolutions, rules and regulations governing water services, copies of which are available at the Town office.

Tapping shall be done only on the days and at the times prescribed by the Town and only by a Town employee, agent or contractor authorized by the Town.

All Type K copper pipes shall be connected to the main by an expansion loop. All service pipes shall be at least 5.5 feet deep. The expansion loop shall lay laterally and not extend upward.

Service taps shall not be made after November 15 nor until frost is out of the ground. Exceptions may be granted by the Town.

§ 124-16 Fees.

Fees are established by the Town Board under separate legislation and may be by resolution.[1]

§ 124-17 Additions or alterations in pipes; permit required.

Editor's Note: Water use fees are on file at the office of the Town Clerk.

With the exception of the pipes on the customer's side of the meter, no additions or alterations to any public or private water service line shall be made by any person until application therefor has been made and a permit is issued by the Town.

Tapping shall be done by Town.

[Added 10-8-1996 by L.L. No. 3-1996]

§ 124-18 New connections or extensions.

[Added 10-8-1996 by L. L. No. 3-1996]

A curb valve shall not be opened or closed except by the Town. The Town will have all new connections inspected after notification that the work has been completed. Pipes and connections between the main and meter shall not be covered until so inspected and approved by the Superintendent or employee of the Town. If found satisfactory, a meter will be installed (if required) and water service will be turned on at the curb valve. This subsection shall not apply if the work consists of a simple extension of facilities or additional attachments on the customer's side of the meter and water is currently in use.

[Amended 3-12-2024 by L.L. No. 2-2024]

Extension of distribution mains to supply a new area or to increase the supply to a specified area shall be the responsibility of the customer. The customer shall present the Town with an application for the extension of the existing system or a copy of the building permit application for engineering review. All extensions, including but not limited to subdivisions, must be approved by the Town prior to any application for extension.

Any new connection or extension of one inch or less shall be tested for leakage with line pressure.

Any new connection or extension greater than one inch shall be tested for its entire length up to the customer's valve within the building according to AWWA Standard C600-82, Section 4, Hydrostatic Testing. Both pressure and leakage tests will be required. The minimum test pressure will be 200 pounds per square inch for a two-hour duration.

No new tap shall be made to a water main to connect with a service line which is intended to replace an existing service line unless the existing service line is properly disconnected at its tap to the main. The expense of such disconnection shall be borne by the property owner or applicant. The curb box must be kept in view. In the case where service fixtures are not kept in repair, the Superintendent or employee of the Town may make necessary repairs and charge the cost of such repairs to the owner of the property.

[Added 3-12-2024 by L.L. No. 2-2024]

§ 124-19 Service line construction and inspection.

[Amended 10-8-1996 by L. L. No. 3-1996]

Service lines shall run at right angles to and in a straight line from the Town valve to the building wherever possible. Exceptions may be granted by permission of the Town. All service lines shall have a minimum of five-and-one-half-foot cover from final grade and shall be readily accessible for service, maintenance and repair at all points between the Town valve and the meter. The distance between taps shall not be less than 18 inches.

Splicing of service pipes, use of couplings or other means of joining pieces of tubing between Town valves and the main and water service valve or between curb valve and the meter, where less than 60 feet of tubing is required, is prohibited.

No service line shall be installed in a driveway, utility or drain trench. No service line shall be installed less than 10 feet from a septic tank, sewer pipe, drainpipe, cesspool or other type of waste disposal system.

There shall be no cross-connections between public and private water supply systems, tanks, reservoirs, vats, air-conditioning equipment, underground lawn sprinkler systems, underground piping, swimming pools or similar structures used for purposes other than storage of potable water as provided in this article.

Customers shall maintain their own building water pipes, service line and fixtures connected therewith, in good repair, protected from frost and freezing (five-and one-half-foot minimum cover for service lines), at their own expense.

When cross-connections exist or are deemed necessary, they must be constructed or reconstructed as approved by the Town, to prevent reverse flow from entering the potable water supply, as provided in this article. Periodic inspections of all cross-connection devices shall be made as required by the Town.

The Town shall maintain the service line from the main up to and including the curb box and curb value for service up to and including one-inch size. Service lines over one inch from the main to the property line shall be the responsibility of the property owner. In case of emergency, the Town may repair or maintain the service on the customer's side of the curb valve at the customer's expense in accordance with this article.

Water service valves.

Every service line shall have a water service valve located between the property line and curbline of the street. The curb valve shall be provided with a stationary rod-type curb with arch-pattern base, properly set and maintained so that the grade of the cover conforms to these regulations. In cases where the water main is located in the sidewalk area, the valve and curb box shall be located between the sidewalk and the property line.

The Town shall maintain the service line from the main up to and including the curb box and curb valve, where the curb box and/or curb valve are in the right-of-way. In case of emergency, the Town may extend this service beyond the right-of-way at the customer's expense.

§ 124-21 Refusal or discontinuance of service.

All curb valves two inches or less shall be without drains as produced by Mueller Cat. No. H 15209 (3/4 inch, one inch), K15214 (1 1/4 inches, 1 1/2 inches, two inches) or like product of the Ford Meter Box Company, Inc., or equal.

(4)

All service valves greater than two inches shall conform to AWWA C509-80, iron body, resilient, bronze mounted, nonrising stem, open left (counterclockwise).

§ 124-20 Joints.

[Amended 3-12-2024 by L.L. No. 2-2024]

No service line may be installed without facilities which may be used for another connection between the water main and the water meter.

No tee or other fitting shall be permitted on the service pipe between the main and the meter.

No water service connection to any customer shall be allowed by the water district, unless the water supply is protected as required by state regulations and this article.

Water service may be discontinued or restricted by the Town in any water district for any of the following reasons:

For use of water other than as represented in application.

For willful waste of water through improper or imperfect pipes.

§ 124-23 Notification of violations; hearing; penalties for offenses; falsifying information.

For molesting any service line, seal, meter, remote reading device, curb box, curb valve or any other water appliance of the district.

(4)

For nonpayment within 45 days from the date due of bills for water or services.

(5)

For cross-connecting the public water supply with any other source of supply or with any apparatus which may endanger the quality of the water district supply (discontinued service required for this condition).

(6)

For refusal of reasonable access to the property for the purpose of inspecting fixtures or piping.

§ 124-22 Power to delegate.

The Town Board shall have the power to delegate any of the authority granted to the Town Board by this article to any Town officer or employee.

Notification of violation. Whenever the Town finds that any user has violated or is violating this article, the Town may serve upon such person a written notice stating the nature of the violation. Within the period of time stated in such notice, a plan for satisfactory correction thereof shall be submitted to the Town by the user.

Show cause hearing.

The Town may order any user to show cause before the Town Board, Town of Champlain, why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Town Board regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the Town Board why the proposed enforcement action should not be taken. The notice of hearing shall be served personally or by registered or certified mail, return receipt requested, at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.

The Town Board of the Town of Champlain may itself conduct the hearing and take the evidence or may designate any of its members, any Town officer or the Town Engineer to:

(a)

Issue in the name of the Town Board notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.

(b)

Take the evidence.

(c)

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Town Board of the Town of Champlain for action thereon.