As used in this article, the following terms shall have the
meanings indicated:
BUILDING
Includes any structure or enclosure to which water is supplied,
whether attached to realty or not.
DISTRICT
Any existing water district or any water district hereinafter
formed in the Town of Porter, New York.
OWNER
Includes the owner, tenant, lessee, occupant, of premises
supplied with water or the consumer of water or the agent of them.
PREMISES
Includes all places to which water is supplied, whether the
same be occupied or vacant.
WATER DEPARTMENT
Refers to the Superintendent of the Water Department, or
any person duly designated to act on its behalf.
[Amended 12-8-1980 by L.L. No. 6-1980]
The charges for installation of water service, including tapping
the main, providing service to the right-of-way, and providing the
meter, shall be established by the Town Board by resolution from time
to time.
Free and full access to all water lines, valves and meters on
premises supplied with water by the Town, or to which Town water is
believed to be supplied, shall be granted at all reasonable hours
to the Water Department.
The installation and maintenance of all privately maintained
water service lines shall be in conformity with the following regulations:
A. No private service line from a Town main shall be installed, altered
or replaced until the same has been inspected and approved by the
Water Department.
B. No opening shall be made in any Town street, except in full compliance
with the Town ordinances, and upon receipt of a permit from the Superintendent
of Highways.
C. Connections or taps of water mains shall be made by the Water Department.
Notification to the Water Department 48 hours in advance of making
of such connection or tap is required.
D. All service lines must be laid at least four feet deep and no less
than four feet distant from any open area or vault. No service pipe
shall be laid in the same trench with any storm sewer, sanitary sewer,
or other utility lateral, but must be laid, under normal conditions,
in a separate trench and not less than 10 feet from any storm or sanitary
sewer pipe or utility lateral, except by special authorization of
the Water District in extraordinary cases, including where solid rock
is encountered. All connections ahead of meter shall be of flared-type
connections.
E. 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
water main. The expense of such disconnection shall be borne by the
applicant.
F. Where a service line is abandoned, the service line must be shut
off at the tap and disconnected at the expense of owner.
G. There shall be a separate and distinct tap for the service of each
residential building supplied with water. Separate and distinct taps
shall be provided for each store or place of business. No private
water system shall be interconnected with the Town water system.
H. Outside service lines, building service pipes, outlets and fixtures
shall be maintained in good order and repair, protected from frost,
leaks and breaks; and must be promptly repaired if not in good order
to prevent waste of water. If the owner fails to observe these requirements,
the Water Department may shut off the water supply and assess the
cost thereof against the real property affected, to be collected as
part of the water rent.
A 10% penalty shall be added to quarterly water rents which
remain unpaid 30 days after a bill therefor has been rendered.
Unpaid water rents, penalties and interest thereon, and unpaid
charges for tapping, connecting and disconnecting and any other charges
provided for by this article shall be a lien on the real property
upon which the water is used, and such lien shall be prior and superior
to every other lien or claim except the lien of an existing tax. The
Town Board may certify to the Town Clerk the amount of any such lien
which has not been paid at the time and in the manner prescribed by
such Board, with a description of the real property affected thereby,
and the Town Board may include such amount in the annual tax levy
as provided by law.
[Amended 4-26-1982 by L.L. No. 3-1982]
A. In case of a violation of this article, the Water Department may
shut off the service until the violation is removed and all charges
paid, including a charge for turning off or turning on the service.
B. Service charges for turning off or turning on the service shall be
set by the Town Board by resolution.
C. Service charges will be added to the quarterly statement or the final
billing, as the case may be.
Requests to have water turned on or off shall be made 48 hours
in advance unless an emergency exists.
The Town reserves the right to change or amend from time to
time these rules and regulations and the rates for use of water.
Failure to receive a bill shall not exempt any customer from
the accruing of a penalty. The presentation of a bill to a customer
is only a matter of accommodation and not a waiver of this rule.
[Amended 11-12-2013 by L.L. No. 2-2013]
Violation of this article, or any provision thereof, shall be
an offense punishable by a fine of not exceeding $250 or imprisonment
for not more than 15 days, or both. Each and every week that a violation
of this article is permitted to exist shall constitute a separate
offense. This penalty shall be an addition to any other penalty or
other remedies as may be provided by law.
[Added 4-26-1982 by L.L. No. 3-1982]
As used in this article, the following terms shall have the
meanings indicated:
AIR GAP SEPARATION
A physical break between a supply pipe and a receiving vessel.
Said air gap shall be at least double the diameter of the supply pipe,
as measured vertically above the top rim of the vessel, and in no
case be less than one inch.
APPROVED CHECK VALVE
A check valve that seats readily and completely, carefully
machined to have free-moving parts and assured watertightness. The
face of the closure element and valve seat shall be bronze, composition,
or another noncorrodible material which will seat tightly under all
prevalent conditions of field use. Pins and bushings shall be made
of bronze or another noncorrodible, nonsticking material machined
for easy, dependable operation. The closure element, e.g., the clapper,
shall be internally weighted or otherwise internally equipped to promote
rapid and positive closure in all sizes where this feature is possible.
Must be approved by New York State Department of Health.
APPROVED DOUBLE CHECK VALVE ASSEMBLY
An assembly of at least two independently acting check valves,
including tightly closing shutoff valves on each side of the check
valve assembly, suitable leak-detector drains, and connections for
testing the watertightness of each check valve. This device must be
approved as a complete assembly. Must be approved by New York State
Department of Health.
APPROVED REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION DEVICE
A.
A device incorporating two or more check valves and an automatically
operating differential relief valve located between the two check
valves, two shutoff valves, and those appurtenances necessary for
testing. The device shall operate to maintain the pressure in the
zone between the two check valves at less than the pressure on the
public water supply side of the device.
B.
At cessation of normal flow, the pressure between the check
valves shall be less than the supply pressure. In the event of leakage
of either check valve, the differential relief valve shall operate
to maintain this reduced pressure by discharging to the atmosphere.
When the inlet pressure is two pounds per square inch or less, the
relief valve shall open to the atmosphere, thereby providing an air
gap in the device. In order to be approved, these devices must be
readily accessible for maintenance and testing, and installed in a
location where no part of the valve will be submerged. The enclosure
must be self-draining, so that the large amount of water which the
relief valve may vent will be disposed of reliably without submergence
of the relief valve. This device must be approved by the New York
State Department of Health.
AUXILIARY SUPPLY
Any water supply on or available to the premises, other than
the approved water supply.
BAROMETRIC LOOP
A loop of pipe which at its topmost point rises approximately
35 feet above the highest fixture it supplies.
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
A person who is employed by the Water Department and is certified
by it to be competent in the testing of backflow prevention devices.
Said person shall be provided with an appropriate identification card
which must be renewed annually. Said person will hereafter be referred
to as "Certified Inspector."
CROSS-CONNECTION
Any unprotected connection between a water system used or
intended to be used to supply water for drinking purposes, and any
source or system containing water or a substance which is not or cannot
be approved as equally safe, wholesome and potable for human consumption.
WATER USER
The consumer, or the 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
pursuant to regulations and laws.
The Town Board shall by resolution from time to time set the
fees for inspections by certified inspectors. All such fees will be
billed by and be paid to the Water Department on the next quarterly
or the final water bill, as the case may be.
These regulations are to be reasonably interpreted; it is their
intent to recognize that there are varying degrees of hazard and to
apply the principle that the degree of protection should be commensurate
with the degree of hazard.