[HISTORY: Adopted by the Town Board of the Town of Schroeppel 3-24-2011 by L.L. No. 1-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Development expenses — See Ch. 7.
Building construction and fire prevention — See Ch. 38./
Mobile home parks — See Ch. 64.
Subdivision of land — See Ch. 81.
Zoning — See Ch. 95.
This chapter shall be known as the "Local Law for the Management, Control and Operation of Water and Sewer Districts in the Town of Schroeppel."
Within the Town of Schroeppel are located water and sewer districts. This chapter provides for the management, control and operation of water/sewer districts in the Town of Schroeppel. The Town Board, in conjunction with the Water Department and the Town Engineers, believes it is in the best interest of the residents of the Town of Schroeppel, given the existing or anticipated water/sewer districts and future expansion thereof, that rules and regulations for the management, control and operation of said districts uniform throughout the Township will preserve the orderly development of the Town of Schroeppel.
As used in this chapter, the following terms shall have the meanings indicated:
APPROVED
Accepted by the Water Superintendent as meeting an applicable specification stated or cited in this chapter, or as suitable for the proposed use.
AUXILIARY WATER SUPPLY
Any water supply on or available to the premises other than the approved public potable water supply.
BACKFLOW
The flow of water or other liquids, mixtures or substances under positive or reduced pressure in the distribution pipes of a potable water supply from any source other than its intended source.
BACKFLOW PREVENTER
A device or means designed to prevent backflow or backsiphonage. Most commonly categorized as air gap, reduced pressure principle device, double check valve assembly, pressure vacuum breaker, atmospheric vacuum breaker, hose bibb vacuum breaker, residential dual check, double check with intermediate atmospheric vent, and barometric loop.
A. 
AIR GAPA physical separation sufficient to prevent backflow between the free-flowing discharge end of the potable water system and any other system. Physically defined as a distance equal to twice the diameter of the supply side pipe diameter but never less than one inch.
B. 
ATMOSPHERIC VACUUM BREAKERA device which prevents backsiphonage by creating an atmospheric vent when there is either a negative pressure or subatmospheric pressure in a water system.
C. 
BAROMETRIC LOOPA fabricated piping arrangement rising at least 35 feet at its topmost point above the highest fixture it supplies. It is utilized in water supply systems to protect against backsiphonage.
D. 
DOUBLE CHECK VALVE ASSEMBLYAn assembly of two independently operating spring loaded check valves with tightly closing shut off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve.
E. 
DOUBLE CHECK VALVE WITH INTERMEDIATE ATMOSPHERIC VENTA device having two spring loaded check valves separated by an atmospheric vent chamber.
F. 
HOSE BIBB VACUUM BREAKERA device which is permanently attached to a hose bibb and which acts as an atmospheric vacuum breaker.
G. 
PRESSURE VACUUM BREAKERA device containing one or two independently operated spring-loaded check valves and an independently operated spring-loaded air inlet valve located on the discharge side of the check or checks. Device includes tightly closing shutoff valves on each side of the check valves and properly located test cocks for the testing of the check valve(s).
H. 
REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTERAn assembly consisting of two independently operating approved check valves with an automatically operating differential relief valve located between the two check valves, tightly closing shutoff valves on each side of the check valves plus properly located test cocks for the testing of the check valves and the relief valve.
I. 
RESIDENTIAL DUAL CHECKAn assembly of two spring-loaded, independently operating check valves without tightly closing shutoff valves and test cocks. Generally employed immediately downstream of the water meter to act as a containment device.
BACKPRESSURE
A condition in which the owner's system pressure is greater than the supplier's system pressure.
BACKSIPHONAGE
The flow of water or other liquids, mixtures or substances into the distribution pipes of a water district from any source other than its intended source caused by the sudden reduction of pressure in the water district.
CONTAINMENT
A method of backflow prevention which requires a backflow prevention preventer at the water service entrance.
CONTAMINANT
A substance that will impair the quality of the water to a degree that it creates a serious health hazard to the public leading to poisoning or the spread of disease.
CROSS-CONNECTION
Any actual or potential connection between the water district and a source of contamination or pollution.
DEPARTMENT
Town of Schroeppel Water Department.
FIXTURE ISOLATION
A method of backflow prevention in which a backflow preventer is located to correct a cross-connection at an in-plant location rather than at a water service entrance.
OWNER
Any person who has legal title to possession, control, lease, or license to operate or habitat premises served or to be served by the water district.
SEWER DISTRICT
Any sewer district in the Town of Schroeppel, County of Oswego and State of New York.
TOWN BOARD
The Town Board of the Town of Schroeppel, County of Oswego and State of New York.
WATER DISTRICT
Any water district in the Town of Schroeppel, County of Oswego and State of New York.
WATER SERVICE ENTRANCE
That point in the owners water system beyond the sanitary control of the district; generally considered to be the outlet end of the water meter and always before any unprotected branch.
WATER SUPERINTENDENT
The Superintendent or his delegated representative designated or appointed by the Town Board to have charge of the water and sewer districts.
A. 
No one, except someone properly authorized by the Water Superintendent, will be permitted to tap or make any connection with the mains or distribution pipes of the water and sewer districts.
B. 
Property owners, occupants and/or their contractors, plumbers, agents and employees will be held responsible for the violation of this chapter or of any of the rules and regulations of the water and sewer districts.
C. 
No person shall make any attachment to, or connect with, or tap into the pipes of a water or sewer district or make additions, extensions to, or alteration of any tap, pipe or other fixture attached to, or intended to become attached to the pipes of the water or sewer district, including the service pipes and/or lines between the main and the water meter or sewer cleanout, without first having obtained a permit from the Water Superintendent.
D. 
Only one user shall be connected with or upon one service line. Each water service line must be metered by one meter, and each service will have its own curb box located by the street where dwelling exists, unless otherwise approved by the Town Board.
A. 
Application for a water service must be obtained from the Water Superintendent and filled out by the homeowner. Completed form shall be returned two weeks prior to the date of service. A tapping fee shall accompany the service application. The Town Board shall establish the tapping fee from time to time by resolution. For water, this fee includes the meter, meter set, remote reader, wire for the remote, saddle, corporation valve, curb stop assembly, copper pipe and any other items required to provide a connection from the water main to the edge of street pavement or the street right-of-way, whichever is nearer to the main. In any event, for any facilities required by contract, law or the establishment of a district to be maintained, administered, replaced and/or repaired by the Village of Phoenix, such tapping fee shall be the same as that fee or fees charged to Village residents per Village Code, including as may be amended.
B. 
The water district shall install all water supply pipes between the main and the curb stop. The applicant shall install the service line between such point and the meter location or from the meter pit to the residence, where a meter pit is required. Lines installed by the applicant shall conform to the following:
(1) 
The service lines shall be laid at a depth of at least four feet.
(2) 
The service lines shall be at least 3/4-inch diameter, Type K copper pipe, for a home up to 100 feet from the street.
(3) 
Structures beyond the one-hundred-foot limit (see above) will be required to install a meter pit at the right-of-way and also be required to use one-inch diameter Type K copper pipe or alternate approved by the Water Superintendent or Town Engineer. Larger service lines may be required beyond 350 feet from the street. The service line installation must be inspected and approved by a representative of the Town Water Department before being covered.
(4) 
Water service lines shall not be laid in the same trench as other pipes or utilities.
(5) 
Water service lines shall be laid in a straight line, in so far as possible, from the main to the meter location. A plastic sleeve is to be installed over copper tubing where it goes through foundation wall.
(6) 
A meter valve must be placed between interior wall and meter. A dual check valve must be placed in the service line after the meter.
(7) 
Persons having their own well water source shall disconnect the well source prior to the Town turning on the water.
(8) 
If no main water tap is needed, meters will be provided by the Town of Schroeppel at an initial fee to be established by resolution of the Town Board. (Meter, meter set, remote reader, wire saddle, corporation valve, and curb stop assembly will be included for the initial fee.) After the meter is attached, it shall be inspected by a representative of the Water Department, and, if properly placed and installed, shall be approved and sealed.
(a) 
A meter pit can be installed only when approved by the Water Superintendent, for reasons such as multiple users (mobile home park), houses without basement space, larger service lines, and very long distances between curb box and building where a larger line is needed.
(b) 
All meter pits must meet or exceed AWWA standards. The meter shall be installed three feet from the bottom of the pit. A check valve must be installed before the meter and a shutoff valve after the meter. Wherever possible there should be a drain from the pit.
(9) 
Meters shall be installed before the property is occupied and no later than six months after date of application.
(10) 
The water service must be inspected and approved by the Water Superintendent, or his representative, before it is backfilled.
(11) 
The Water Superintendent shall be notified when the meter is installed.
(12) 
The Water Superintendent, or his representative, and any member of the Town Board shall have access to the meter upon the premises upon request and during reasonable hours. Failure to comply with such request shall be just grounds for discontinuing water service to such premises.
(13) 
All water bills are due and payable when rendered and interest will be charged after 30 days.
(14) 
Homes occupied but not having a meter hooked up and not having water service will be charged a nonrefundable rate of $75 a month, until meter is hooked up.
A. 
Application for a sewer service must be obtained from the Water Superintendent and filled out by the homeowner. A completed form shall be returned two weeks prior to the date of service. A tapping fee shall accompany the service application. The Town Board shall establish the tapping fee from time to time by resolution. For water, this fee includes the meter, meter set, meter valves, remote reader, wire for the remote, saddle, corporation valve, curb stop assembly, copper pipe and any other items required to provide a connection from the water main to the edge of street pavement or the street right-of-way, whichever is nearer to the main. In any event, for any facilities required by contract, law or the establishment of a district to be maintained, administered, replaced and/or repaired by the Village of Phoenix, such tapping fee shall be the same as that fee or fees charged to Village residents per Village Code, including as may be amended.
B. 
The sewer district shall install all sanitary sewer laterals between the sanitary sewer main and the property/easement line. The applicant shall install the sewer lateral between the property line/easement and the house. Laterals installed by the applicant shall conform to applicable State and County Health Department and Building Code requirements and the following:
(1) 
The connection at the property line shall consist of Y with a four-inch cleanout stack extended to final grade.
(2) 
The sewer lateral must be inspected and approved by the Water Superintendent, or his representative, before it is backfilled.
(3) 
All sewer bills are due and payable when rendered and interest will be charged after 30 days.
A. 
The water and sewer rates shall be fixed from time to time by appropriate local law or resolution of the Town Board. Water and sewer bills shall be rendered quarterly and shall be payable at such times and places as may be designated by the Town Board. The Town Board shall provide and enforce appropriate penalties for nonpayment of bills, including a shutoff of the water supply. All water and sewer bills in arrears more than 30 days on October 30 of any year shall be placed upon the tax roll for the ensuing year pursuant to § 198(d) of the Town Law. For any water or sewer bills in arrears for more than 60 days from the date of invoice or service which are provided by contract, law, through a district or otherwise by the Village of Phoenix, upon 10 days' prior written notice, the Village of Phoenix may terminate or suspend such service pending payment in full of all arrears, interest and penalties, in addition to any other remedies and rights available at law, in equity or otherwise to the Village.
B. 
Water and sewer bills shall be computed in accordance with water meter readings. No deduction will be made for leakage. If the meter fails to accurately record the quantity used, it shall be determined and the charge made based upon the quantity used in the preceding billing period, or the corresponding period of the preceding year, or upon a corrected water bill as shown by meter test, as the Water Superintendent may determine.
A. 
All new mains or extensions shall have engineered plans reviewed and accepted by the Town Water Superintendent and the Oswego County Health Department. All new mains and extensions shall be no less than eight inches in diameter, unless otherwise accepted by the Water Superintendent and the Oswego County Health Department.
B. 
Any extension or new water district must include properties on both sides of the road.
C. 
Any extensions or new water districts will end for tax purposes at the furthest boundary line of the last property to be included in the proposed district or extension.
A. 
All new mains or extensions shall have engineered plans reviewed and accepted by the Town Water Superintendent and the Oswego County Health Department. All new mains and extensions shall be no less than eight inches in diameter, unless otherwise accepted by the Water Superintendent and the Oswego County Health Department.
B. 
Any extension or new sewer district must include properties on both sides of the road.
C. 
Any extensions or new sewer districts will end for tax purposes at the furthest boundary line of the last property to be included in the proposed district or extension.
[Amended 12-21-2017 by L.L. No. 1-2017]
A. 
Except as where otherwise provided for in Subsection D herein, the owner of all houses, buildings or property used for human occupancy, employment, recreation or other purpose situated with an operating water or sewer district in the Town is hereby required at his/her expense to install waterline facilities therein and to connect such facilities directly with the proper public water/sewer main source, provided that said water/sewer main is operational. Such a connection shall be in accordance with the provisions of this chapter as provided for herein.
B. 
Except as where otherwise provided for in Subsection D herein, once a water/sewer main has been constructed and becomes operational, an owner within the operating water and/or sewer district, within six months, shall connect his house, building or other structure to the water and/or sewer main. If it becomes necessary for the Town to provide a written official notice to the owner, the owner, after receipt of such a notice, will have 90 days from receipt of the notice to connect to the water/sewer line before being in violation of this chapter. In no event shall the Town prove an official written notice to any owner until the six-month grace period, as aforementioned, has expired.
C. 
Except as where otherwise provided for in Subsection D herein, an owner of property whose dwelling (or other principal structure if not residential premises) is within an existing water/sewer district, shall within six months connect his house, building or other structure to the water and/or sewer main. If it becomes necessary for the Town to provide a written official notice to the owner, the owner, after receipt of such a notice, will have 90 days from receipt of the notice to connect to the water/sewer line before being in violation of this chapter. In no event shall the Town provide an official written notice to any owner until the six-month grace period, as aforementioned, has expired.
D. 
The following alternative options shall be available, at the discretion of the Town Board, to the owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose situated with an operating water and/or sewer district in the Town:
(1) 
An owner of property whose dwelling (or other principal structure if not residential premises) is not within an existing or newly constructed/extended sewer district that is not currently operational shall be required within six months to connect to his house, building or other structure to the sewer main in the event the dwelling (or other principal structure if not residential premises) utilizes a grinder pump mechanical system.
(2) 
An owner of property whose dwelling (or other principal structure if not residential premises) is within an existing or newly constructed/extended sewer district that is currently operational may choose not to connect his house, building or other structure to the sewer main in the event the dwelling (or other principal structures if not residential premises) utilizes a gravity feed sewer system.
(3) 
An owner of property whose dwelling (or other principal structure if not residential premises) is within an existing or newly constructed/extended water district that is currently operational may choose not to connect his house, building or other structure to the water service.
E. 
In all cases under this chapter, where the owner of all houses, buildings or property used for human occupancy, employment, recreation or other purpose situated within an operating water or sewer district in the Town foregoes connecting to the water and/or sewer line as contemplated herein, the owner may be assessed a mandatory annual fee of not less than $100, as determined by the Town Board on an annual basis for the operation and maintenance of the water and/or sewer system that benefits the owner's property. The fee shall be placed in a reserve account to be used exclusively for the operation and maintenance of the water and/or sewer system so benefited.
A. 
Any property owner in the Town of Schroeppel whose property is presently connected to a Town of Schroeppel or Village of Phoenix water or sewer main and is not currently billed or authorized to be connected to the water or sewer main by either the Town or Village shall notify the Town of Schroeppel Water Department within 90 days of the effective date of this chapter of such connection.
B. 
Any property owner who identifies the unauthorized connection to a water or sewer main within the 90 days outlined in § 93-11 will not be charged for past service for the unauthorized connection. Service charges will be billed from the point of authorized connection forward.
C. 
Any unauthorized water or sewer connections identified by the Town or Village after the ninety-day amnesty period shall be charged for past unauthorized usage and may be prosecuted for theft of services.
D. 
The district and/or Town shall be responsible for verification of individual sewer and water connections and ensuring same are legally connected and (as to sewers) metered, and shall at all times exercise good faith efforts to investigate and discover same and report same to the Village promptly. The district and Town shall, through the Town Board, adopt legislation in the form attached as Exhibit A hereto within 60 days of the date hereof.
A. 
Debt calculation. The following table has been set up to determine debt calculation for water/sewer districts established after March 1, 2007. The number of units of property connected shall be determined or modified by resolution of the Town Board of the Town of Schroeppel from time to time enacted and thereafter filed with the Town Clerk.
B. 
User units [EDUs (equivalent dwelling units)] will be established annually by the Town Board for payment of all debt incurred by a specific water/sewer district. Debt payments will be billed in January of each year.
(1) 
Single-family house with tap: one EDU.
(2) 
Single-family house without tap: 3/4 EDU.
(3) 
Vacant parcel with tap: one EDU.
(4) 
Vacant parcel without tap: 1/2 EDU.
(5) 
Extra tap on property (second dwelling): 3/4 EDU, per tap.
(6) 
Mobile home park, connected: 1/2 EDU, per lot.
(7) 
Mobile home park, not connected: 0.385 EDU per lot.
(8) 
Apartment complex, five to 99 units: 1/2 EDU per unit.
(9) 
Apartment complex, 100 to 199 units: 1/4 EDU per unit.
(10) 
Apartment complex, 200 to 399 units: .17 EDU per unit.
(11) 
Commercial, one to 12 employees: one EDU.
(12) 
Commercial, 13 to 24 employees: two EDUs.
(13) 
Commercial, 25 to 99 employees: four EDUs.
(14) 
Commercial, 100 to 299 employees: eight EDUs.
(15) 
Commercial, 300 plus employees: 10 EDUs.
(16) 
Other: to be determined by the Town Board.
A. 
Any leak in or other damage to the service line between the property line and the meter must be immediately repaired, replaced or otherwise addressed ("repair") by the owner or occupant of the premises; and if not repaired within 24 hours after notice thereof, the Water Superintendent may repair or cause the same to be repaired and, in said event, shall add the cost of the repair to the next water or sewer bill of the consumer.
B. 
No person shall turn on the water to any premises, whether an old or new supply, without the written permission of the Water Superintendent. If the water is turned off for nonpayment of bills or other violation of this chapter or of water or sewer district rules, the water shall not be turned on until the arrears are paid in full or the violation rectified. The water shall be turned on only by a representative of the Water Superintendent, and a charge of $25 will be made.
C. 
Whenever in the judgment of the Water Superintendent in order to prevent unlawful use of water, it is necessary to turn off the supply by withdrawing the ferrule or tap at the main and when the violation is corrected, the sum of $150 must be paid before the ferrule or tap will be replaced.
D. 
No person other than an employee of the water district shall turn on or off the water on any main or supply pipe, reservoir or hydrant without written permission of the Water Superintendent. The Chief of the Fire Department, his assistants and officers and members of said Fire Department are authorized to use the hydrants and fireplug for the purpose of obtaining water for fire-fighting purposes only and such water shall not be sold. In all such cases the water shall be obtained under the direction and supervision of the Chief or assistants appointed by him, and in no case shall an inexperienced or incompetent person be permitted to manipulate or control in any way any hydrant, fireplug or fixture. Notwithstanding the foregoing, in said event where the provisions of water or sewer service by law, contract or district is through the Village of Phoenix, New York, the Village of Phoenix, any such district and Town shall each cooperate and coordinate with the other to arrive at a mutually satisfactory flushing schedule which will not cause damage or unsatisfactory service within either municipality. This may involve concurrent flushing efforts of the system within and without the district and Village and other cooperative and coordinated efforts. In any event, there shall be no flushing, filling or any other high volume or pressure usage by the Town, district or Village which may cause damage to or unsatisfactory service within the others' municipal boundaries. In the event that such use is deemed reasonably necessary, it shall only be done upon 72 hours prior written notice to the other of such intended use.
E. 
When required for construction or repair work, the water or sewer district shall have the right to shut off the water or sewer connection, and keep it shut off as long as may be necessary, and no deduction from water or sewer bills shall be made nor damages allowed for the time the water is shut off. Notice of such shutoff will be given when possible.
F. 
A fire main, whenever installed into any premises, shall be for sprinkler and fire hose use only. No connection for any other use shall be made. The customer must repair leaks in the fire main immediately. If repairs are not made within a reasonable time, the Water Superintendent shall notify the customer and the Public Protection Department of the New York Fire Insurance Rating Organization, in writing, and turn off the water until proper repairs are made by the customer.
G. 
Back flow devices installed in any residence or industrial/commercial facility shall be tested semiannually by a certified tester, and test results shall be forwarded to the Town of Schroeppel Water Superintendent. Any repairs required as a result of test data will be the responsibility of the owner.
H. 
No pipe or fixtures connected with the mains of the water district shall be connected with pipes or fixtures supplying water from any other service nor shall any apparatus that may endanger the quality of the water supply be connected to the water district.
A. 
Purpose:
(1) 
To protect the public potable water supply and water districts served by the Town of Schroeppel Water Department from the possibility of contamination or pollution by isolating, within its customers internal distribution system, such contaminants or pollutants which could backflow or back siphon into the public water system.
(2) 
To promote the elimination or control of existing cross-connections, actual or potential, between its customer's in-plant potable water system and nonpotable systems.
(3) 
To provide a program and policies governing, and except as otherwise expressly provided herein, solely at the expense of the owner of premises, the maintenance of a continuing program of cross-connection control which will effectively prevent the contamination or pollution of all potable water systems by cross-connection.
B. 
Responsibility.
(1) 
The Department will operate a cross-connection control program, to include the keeping of necessary records, which fulfills the requirements of the New York State Health Department.
(2) 
The owner shall allow his property to be inspected for possible cross-connections and shall follow the provisions of the Department's program and all applicable laws and regulations.
(3) 
If the Department requires that the water district be protected by containment, the owner shall be responsible for water quality beyond the outlet end of the containment device and should utilize fixture outlet protection for that purpose. He may utilize public health officials, or personnel from the Department, or their delegated representatives, to assist him in the survey of his facilities and to assist him in the selection of proper fixture outlet devices and the proper installation of these devices.
C. 
Cross-connection requirements.
(1) 
For new installations, engineered plans must be submitted, reviewed and, to the extent required by applicable law, accepted by Oswego County Health Department ("OCHD") and the New York State Department of Health ("NYSDOH") prior to its installation and the Department's issuance of a permit. The Department and/or OCHD will provide evaluation and/or inspection of plans in order to determine the type of backflow preventer, if any, that will be required, will issue permit, and perform inspection and testing. In any case, a minimum of a dual check valve will be required for any new construction.
(2) 
For premises existing prior to the start of this program, the Department will perform evaluations and inspections of plans and/or premises and inform the owner by letter of any corrective action deemed necessary, the method of achieving the correction, and the time allowed for the correction to be made. Ordinarily 90 days will be allowed, however, this time period may be shortened depending upon the degree of hazard involved and the history of the device(s) in question.
(3) 
The Department will not allow any cross-connection to remain unless it is protected by an approved backflow preventer for which a permit has been issued and which will be regularly tested to insure satisfactory operation.
(4) 
The Department shall inform the owner, by letter, of any failure to comply by the time of the first reinspection. The Department will allow an additional 15 days for the correction. In the event the owner fails to comply with the necessary correction by the time of the second reinspection, the Department will inform the owner, by letter, that the water service to the owner's premises will be terminated within a period not to exceed five days. In the event that the owner informs the Department of extenuating circumstances as to why the correction has not been made, a time extension may be granted by the Department but in no case will exceed an additional 30 days.
(5) 
If the Department determines at any time that a serious threat to the public health exists, the water service may be terminated immediately.
(6) 
The Department shall maintain a list of independent contractors who are certified backflow device testers. All charges for these tests will be paid by the owner of the building or property.
(7) 
The Department will begin initial premises inspections to determine the nature of existing or potential hazards during the calendar year 2011. Initial focus will be on high-hazard industries and commercial premises.
(8) 
Owner requirements, responsibilities and liabilities:
(a) 
The owner shall be responsible for the elimination or protection of all cross-connections on his premises.
(b) 
The owner, after having been informed by a letter from the Department, shall, at his expense, install, maintain, and test, or have tested, any and all backflow preventers on his premises.
(c) 
The owner shall correct any malfunction of the backflow preventer which is revealed by periodic testing.
(d) 
The owner shall inform the Department of any proposed or modified cross-connections and also any existing cross-connections of which the owner is aware but has not been found by the Department.
(e) 
The owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Owners who cannot shut down operation for testing of the device(s) must supply additional devices necessary to allow testing to take place.
(f) 
The owner shall install backflow preventers in a manner approved by the Department.
(g) 
The owner shall install only backflow preventers approved by the Department or the NYSDOH.
(h) 
Any owner having a private well or other private water source must have a permit if the well or source is cross-connected to the Department's system. Permission to cross-connect may be denied by the Department. The owner may be required to install a backflow preventer at the service entrance if a private water source is maintained even if it is not cross-connected to the Department's system.
(i) 
In the event the owner installs plumbing to provide potable water for domestic purposes which is on the Department's side of the backflow preventer, such plumbing must have its own backflow preventer installed.
(j) 
The owner shall be responsible for the timely payment of all expenses and fees whatsoever arising or resulting from the requirements of this chapter, and including, without limitations, for permits, annual or semiannual device testing, retesting in the case that the device fails to operate correctly, and second reinspections for noncompliance with Department or New York State Department of Health requirements.
(9) 
Residential dual check. All new residential buildings will be required to install a residential dual check device immediately downstream of the water meter. Installation of this residential dual check device on a retrofit basis on existing service lines will be instituted at a time and at a potential cost to the owner as deemed necessary by the Department. The owner must be aware that installation of a residential dual check valve results in a potential closed plumbing system within his residence. Provisions may have to be made by the owner to provide for thermal expansion within his closed loop system, i.e., the installation of thermal expansion devices and/or pressure relief valves.
(10) 
Strainers. Except as may be, in its sole discretion, excepted from such requirement by the Department, all new retrofit installations of reduced pressure principle devices and double check valve backflow preventers include the installation of strainers located immediately upstream of the backflow device. The installation of strainers will preclude the fouling of backflow devices due to both foreseen and unforeseen circumstances occurring to the water districts, such as water main repairs, water main breaks, fires, periodic cleaning and flushing of mains, etc. These occurrences may stir up debris within the water main that will cause fouling of backflow devices installed without the benefit of strainers.
D. 
Degree of hazard. The Department recognizes the threat to the water districts arising from cross-connections. All threats will be classified by degree of hazard and will require the installation of approved reduced pressure principle backflow prevention devices or double dual check valve(s).
E. 
Permits. The foregoing provisions notwithstanding, the Department shall not permit a cross-connection within the water districts unless it is considered necessary and cannot be eliminated without effecting a substantial hardship on the owner.
(1) 
Cross-connection permits that are required for each backflow prevention device are obtained from the Department. A fee will be charged for the initial permit and renewal of each permit in accordance with § 93-14I of this chapter.
(2) 
Permits shall be renewed every two years and are nontransferable. Permits are subject to revocation and become immediately revoked if the owner should so change the type of cross-connection or degree of hazard associated with the service.
(3) 
A permit is not required when fixture isolation is achieved with the utilization of a nontestable backflow preventer.
F. 
Existing in-use backflow prevention devices. Any existing backflow preventer shall be allowed by the Department to continue in service unless the degree of hazard is such as to supersede the effectiveness of the present backflow preventer, or result in an unreasonable risk to the public health. Where the degree of hazard has increased, as in the case of a residential installation converting to a business establishment, any existing backflow preventer must be upgraded to a reduced pressure principle device, or a reduced pressure principle device must be installed in the event that no backflow device was present.
G. 
Periodic testing.
(1) 
Reduced pressure principle backflow devices shall be tested and inspected at least semiannually.
(2) 
Periodic testing shall be performed by the Department's certified tester, his delegated representative or by any NYSDOH certified backflow prevention device tester and will be required for the initial permit and each permit renewal.
(3) 
The testing shall be conducted during the Department's regular business hours. Exceptions to this, when at the request of the owner, may require additional charges to cover the increased costs to the Department.
(4) 
Any backflow preventer which fails during a periodic test will be repaired or replaced. When repairs are necessary, upon completion of the repair, the device will be retested at the owner's expense to insure correct operation. High-hazard situations will not be allowed to continue unprotected if the backflow preventer fails the test and cannot be repaired immediately. In other situations, a compliance date of not more than 30 days after the test date will be established. The owner is responsible for spare parts, repair tools, or a replacement device. Parallel installation of two devices is an effective means of the owner insuring that uninterrupted water service during testing or repair of devices and is strongly recommended when the owner desires such continuity.
(5) 
Backflow prevention devices will be tested more frequently than specified above, in cases where there is a history of test failures and the Department feels that, due to the degree of hazard involved, additional testing is warranted. Cost of the additional tests will be borne by the owner.
H. 
Records and reports.
(1) 
Records. The Department will initiate and maintain the following:
(a) 
Master files on customer cross-connection tests and/or inspections.
(b) 
Master files on cross-connection permits.
(c) 
Copies of permits and permit applications.
(d) 
Copies of lists and summaries supplied to the NYSDOH.
(2) 
Reports. The Department will submit the following to the NYSDOH.
(a) 
Initial listing of low-hazard cross-connections.
(b) 
Initial listing of high-hazard cross-connections.
(c) 
Annual update lists of Subsection H(1) and (2) items above.
(d) 
Annual summary of cross-connection inspections.
I. 
Fees and charges. The Department will publish a list of fees or charges for the following services or permits on, at least, an annual basis, it being the intent of this chapter to require, where reasonably capable of determination, and to ensure a respective owner incurs all expenses and fees related to compliance with and enforcement of the provisions hereof, such fees to be amended from time to time to ensure same reimburses the Town for its actual costs and expenses incurred. The foregoing notwithstanding, all such charges made the responsibility of an owner hereunder are to be assessed against such owner and the collection thereof enforced by all available legal rights and remedies; provided, however, that the Town has, as one such right and remedy, the legal authority to lien the property subject thereof for such expense(s), including penalties and interest at the statutory permitted rate. The current fee schedule is as follows:
Permit
$150
Permit renewals
$100
Testing fees
$100
Retesting fees
$100
Fee for reinspection
$75
Charges for after-hours inspections or tests (normal rate + travel time)* 1.5
A. 
Any person or corporation doing or permitting to be done on premises controlled by said person or corporation any act or thing forbidden by this chapter, or omitting or failing to do or perform any act or thing required by this chapter, and where no penalty for such act or failure to act is herein before provided, shall be guilty of a misdemeanor and punishable by a fine not exceeding $1,000 or imprisonment not to exceed three months, or both, for each act or omission, and a person or corporation so violating this chapter shall be liable for all loss and damage suffered as a result of such violation and shall further forfeit and pay to the Town a civil penalty not exceeding $1,000 for the collection of which the Town Board may maintain an action in any court of competent jurisdiction. Despite the remedies and penalties herein provided, the Town Board may in any appropriate case bring an action to enjoin any person or corporation from violating any and all of the provisions of this chapter.
B. 
Wherever the Town of Schroeppel has entered into a contract with the Village of Phoenix for water or sewer services to a district, to the extent any such provisions are in direct contradiction to any of the provisions hereof, such contract provisions shall control and prevail.