[HISTORY: Adopted by Lewiston Town Board 5-2-1964 (Ch. 41 of the 1965 Code). Amendments noted where applicable.]
The supply of water to any customer through the water mains of the Town of Lewiston, including all special improvement districts, for any purpose whatsoever, is subject to the following conditions:
The Town of Lewiston does not guarantee the consumer any fixed or constant pressure or continuous supply since these are subject to various conditions which may arise in the maintenance and operation of a water supply system.
In the event of breaks or defects in mains, hydrants, valves, pumping equipment and reservoirs, or through the cessation of operation of any equipment by reason of lack of electric service, or for the purpose of testing, repairing or cleaning of mains, hydrants, valves, pumps and reservoirs, water service may be temporarily discontinued, without notice to any consumer, and without liability therefor for any claim of damage which may be asserted by reason thereof.
The Superintendent of Water and any department employee shall have the right to enter and inspect any premises using a public supply of water at any time and to repair or remove any meter for repair. If such access be refused the water supply may be terminated and shall not be restored except on payment of the sum of $5 to the Town of Lewiston.
Wherever an adequate supply is available, every dwelling or other building requiring the use of a public supply of water shall obtain the same from the mains of the Town of Lewiston, through separate service except as hereinafter provided.
Any property owner desiring to make a service connection to the water mains of the Town of Lewiston shall make application therefor in writing and the approval thereof shall automatically subject the property supplied to liability for water rates and charges from time to time affecting the premises.
Applicants for water shall make such deposits or payments as may be required according to the services rendered, before application will be granted.
All customers whose residence or other building to be serviced is located more than 200 feet from the nearest road boundary in which a public main is located shall provide at their own expense a meter and meter pit within such highway boundary. The size and design of such meter, meter pit and service connection shall be determined by the Department of Water.
Any applicant whose property does not abut upon a public highway in which a permanent water main of the Town of Lewiston is laid shall be permitted to make connection with such a water main only upon the following conditions:
Every property owner to be served shall, at the time of making application, sign an agreement with the Town of Lewiston that he and his successors in interest will agree to bear a proportionate share of the expense in extending a permanent public main in the road or highway upon which his property abuts at such time as the Town of Lewiston determines to extend such a main along such highway and the taking of a supply of water through such a temporary private main or service connection shall constitute a continuing agreement to consent to the extension of a permanent public main and to responsibility for his proportionate share of the cost thereof.
Within 30 days after installation of a permanent water main within the road or highway abutting the premises all temporary private mains or service connections shall be disconnected and a connection made to the permanent main by and at the expense of the owner of the premises supplied. The Department of Water shall have the right to disconnect such temporary service at the expiration of said period of 30 days.
In the event that a temporary private main is intended to service more than one customer, a master meter and meter pit shall be provided at the applicants' expense within the boundary of the highway from which a public supply is available. The size and design of such meter and meter pit shall be determined by the Department of Water and they shall become the property of the Town of Lewiston when installed. Each individual customer supplied by such a main shall also provide a household meter.
In the event of a leak, loss or unaccounted for water between the master meter and the individual household meters, each customer shall be liable for an equal share of the cost of such water and the amount thereof shall become a part of the customer's individual water bill.
No service connection located in private property in the Town of Lewiston shall be permitted to service more than one customer except when the Superintendent shall deem it reasonable by reason of physical circumstances. In such event the first customer served shall be responsible for all water charges and assessments except in the event of an installation in accordance with the provisions of § A367-7C and D thereof.
No work may be undertaken within the limits of any highway in the Town of Lewiston until a permit, together with an instruction sheet covering the method of performing work, has been issued by the Highway Department having jurisdiction. The applicant must furnish bond and liability insurance in amounts designated by the authority in charge to guarantee satisfactory completion of the work and to indemnify and save harmless the Town of Lewiston from all loss and damage which may be suffered by reason of performance of the work authorized.
Service lines two inches or less in size shall be attached to the water main by means of a corporation cock and shall be of Type K copper from the street main to the water meter and of a weight known as extra-strong. A one-fourth-bend coupling with gasket (equal to Mueller No. H-15020) must be provided to take off the corporation cock. Copper tubing must then run parallel with the water main forming a sufficient loop in a bent-over fashion, and the space between the main and the copper tubing must be properly blocked up to prevent breaking of such connection from the water main by reason of earth settlement. All larger service lines, if permitted, shall be of cast iron or asbestos cement, and no galvanized or black iron pipe shall be permitted between the main and meter.
No service line larger than one inch in diameter shall be permitted, except with the express approval of the Superintendent, based on consideration of the available supply and the reasonable requirements of the customer.
All excavations made for the insertion of corporation cocks in the water main shall be made of sufficient size to permit free access for the operation of a tapping machine. The size shall be determined by the Town employee in charge.
Applications for taps must be made 24 hours in advance of the time that such tap is required. The time that the excavation will be ready must be clearly stated on the application.
Every service line must be controlled by a valve protected by an acceptable curb box at right angles to the curbline for the purpose of turning water either on or off. Said line shall be laid in a direct line from the street to the curb box, at right angles to the curbline and at the same depth as the water main.
[Added 6-27-1977 by L.L. No. 8-1977]
Definitions. The following terms, phrases, words and their derivatives shall have the meanings given herein:
- 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 shall in no case be less than one inch.
- APPROVED CHECK VALVE
- A check valve that seats readily and completely and must be 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.
- 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.
- APPROVED REDUCED-PRESSURE-PRINCIPLE BACKFLOW PREVENTION DEVICE
- 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. 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 as a complete assembly.
- APPROVED WATER SUPPLY
- Any water supply 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 examined annually by the water purveyor and found competent in the testing of backflow prevention devices. Said person shall be provided with an appropriate identification card, renewable annually. Failure to perform duties competently and conscientiously will result in expeditious withdrawal of certification.
- 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.
- VACUUM BREAKER, NONPRESSURE-TYPE
- A vacuum breaker which is designed not to be reactive to static line pressure.
- VACUUM BREAKER, PRESSURE-TYPE
- A vacuum breaker designed to operate under conditions of static line pressure.
- WATER SUPERVISOR
- 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.
Protection of public water system at the service connection.
Where protection is required.
Each service connection between a public water system and a premises which has an auxiliary water supply shall be protected against backflow of water from said auxiliary water supply into the public water system, unless said auxiliary water supply is approved as an additional source by the water purveyor and is satisfactory to the public health agency having jurisdiction with regard to quality and safety.
Each service connection between a public water system and a premises where a substance is handled under pressure in such a manner as to permit entry into the water system of the premises shall be protected against backflow of the water system of such premises into the public system. This includes the handling of process waters and those waters originally provided by the public water system which may have deteriorated in sanitary or chemical quality.
Each service connection between a public water system and premises where a substance of unusually toxic concentration or danger to health is handled in liquid form, even when not under pressure, shall be protected against backflow of the water from the premises into the public water system. Examples are plating factories, premises using cyanide and hospitals. This is not intended to apply to normal household installations.
Backflow prevention devices shall be installed on the service connection to any premises that has internal cross-connections, unless such cross-connections are abated to the satisfaction of the water purveyor. It shall be the responsibility of the water user to provide and maintain these protective devices, and each one must be of a type acceptable to the New York State Department of Health.
Backflow prevention devices shall be installed on all trucks or other equipment used for the purpose of spraying fertilizers, insecticides, pesticides or fungicides. Said devices shall prevent the introduction of such chemicals into the public water system when said equipment is being filled with water at fire hydrants or other service connections of the public water system.
Type of protection. The protective device required shall depend on the degree of hazard, as determined below:
At the service connection to any premises on which there is an auxiliary water supply handled in a separate piping system with no known cross-connection, the public water supply shall be protected by an approved double-check-valve assembly.
At the service connection to any premises on which there is an auxiliary water supply where cross-connections are known to exist which cannot be presently eliminated, the public water supply system shall be protected by an air-gap separation or an approved reduced-pressure-principle backflow prevention device.
At the service connection to any premises on which a substance that would be objectionable, but not necessarily hazardous to health if introduced into the public water supply, is handled so as to constitute a cross-connection, the public water supply shall be protected by an approved double-check-valve assembly.
At the service connection to any premises on which a substance of unusual toxic concentration or danger to health is or may be handled, but not under pressure, the public water supply shall be protected by an air-gap separation or an approved reduced-pressure-principle backflow prevention device. This device shall be located as close as practicable to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible.
At the service connection to any premises on which any material dangerous to health or a toxic substance in toxic concentration is or may be handled under pressure, the public water supply shall be protected by an air-gap separation. The air gap shall be located as close as practicable to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot reasonably be met, the public water supply shall be protected with an approved reduced-pressure-principle backflow prevention device which is acceptable to the water purveyor.
At the service connection to any sewage treatment plant or sewage pumping station, the public water supply shall be protected by an air-gap separation. The air gap shall be located as close as practicable to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot be reasonably met, the public water supply shall be protected with an approved reduced-pressure-principle backflow prevention device.
Trucks or equipment used for the purpose of spraying fertilizers, insecticides, pesticides and fungicides shall be equipped with a backflow prevention device which is determined to be reasonable and acceptable to the water purveyor.
Frequency of inspection of protective devices. It shall be the duty of the water user on any premises where backflow prevention 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. Said devices shall be repaired, overhauled or replaced at the expense of the water user whenever they are found to be defective. Tests shall be performed by a qualified backflow prevention device tester, and all test results will be delivered to the water purveyor within 72 hours after the test is made. Records of such tests, repairs and overhauls shall be kept and made available to the water purveyor and the local Health Department upon request.
Protection of potable water systems within a premises.
Separate drinking water systems. If the Plumbing Inspector determines that it is not practicable to protect drinking water systems on a 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.
Fire systems. Water systems for fire fighting, derived 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 situations where the domestic water system is used for both drinking and firefighting purposes, approved backflow prevention devices shall be installed to protect those individual drinking water lines not used for fire-fighting purposes. Any auxiliary fire-fighting water supply which is not approved for potable purposes, but which is so connected that it may be introduced into potable water piping during an emergency, shall be equipped with an approved automatic chlorination machine. It is hereby declared to be the responsibility of the person or persons causing the introduction of said unapproved or unsafe water into the pipelines to develop a procedure and utilize such to notify and protect users of this potable water piping system during the emergency and to effectuate measures to disinfect thoroughly and flush out all pipelines which may become contaminated, prior to the resumption of their use to provide drinking water. If the means used to protect water consumers is disinfection of the auxiliary fire-fighting supply, said installation and its use shall be thoroughly reliable. The public water supply must be protected against backflow from such dual domestic fire systems. (See Subsection B above.)
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 installed on the feedline to process piping or equipment. In the event that the particular process liquid is particularly corrosive or is apt to prevent reliable action of the backflow prevention device, air-gap separation shall be provided. All 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. Tests must be performed by a qualified backflow prevention device tester, and records of tests, repairs and replacements shall be kept and made available to the water purveyor and the health department upon request.
Sewage treatment plants and pumping stations. Sewage pumps shall not have priming connections which are directly connected to any drinking water systems. No connections shall exist between the drinking water system and any other piping, equipment or tank in any sewage treatment plant or sewage pumping station.
Where circumstances are such that there exists a special danger to health from the backflow of sewage into a drinking water system from sewers, toilets, hospital bedpans and the like, a dependable device or devices shall be installed to prevent such backflow.
These regulations do not transcend local plumbing regulations, but are directed only at those extraordinary situations where sewage may be forced into, or drawn into, potable drinking water piping. These same regulations do not attempt to eliminate at the present time the hazards of back-siphonage through flushometer valves on all toilets, but are directed only at those situations where the likelihood of vacuum conditions in a drinking system is definite, and thus there is special danger to health. Devices which avoid back-siphonage from plumbing fixtures are roof tanks, barometric loops or separate pressure systems separately piped to supply such fixtures, recognized approved vacuum or siphon breakers and other backflow prevention devices which have been proven by appropriate tests to be dependable in the destruction of a vacuum.
Inasmuch as many serious hazards of this kind are caused by water supply piping which is too small, thereby causing vacuum conditions when various fixtures are flushed or water is drawn from the system in other ways, it is recommended that water supply piping which is determined to be too small be enlarged whenever possible.
Marking safe and unsafe water lines.
Where premises contain dual or multiple water systems and piping, the exposed portions of 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 such.
The Health Department and the water purveyor 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 it is necessary, in the opinion of the water purveyor, 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.
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 water purveyor shall be promptly advised by the person responsible for the water system so that appropriate measures may be taken to eliminate the contamination.
Recourse for noncompliance.
No water service connection to any premises shall be installed or maintained by the water purveyor until the water supply is protected pursuant to state regulations and this rule.
The providing of water to any premises may be discontinued at the discretion of the water purveyor if a backflow prevention device required by this rule and regulation is not installed, tested and maintained. If any defect is found in an installed backflow prevention device, if it is found that a backflow prevention device has been removed or bypassed or if unprotected cross-connections exist on the premises, service will be terminated and not be restored until such conditions or defects are corrected.
Penalties for offenses.
Any person found violating any provision of this local law shall be served with a written notice, stating the nature of the violation and providing a specified time within which the violation shall cease and satisfactory corrective action shall be taken by the violator.
In the event that such violation is not terminated within the time specified within said notice, the violator shall be liable to the people of the Town of Lewiston for a penalty of not more than $1,000 or imprisonment not exceeding 30 days, or both.
Every week that a violation is allowed to continue beyond the time specified in said notice shall constitute a separate offense.
Nothing contained herein shall prevent the Town of Lewiston from exercising such other and additional remedies as are available to it under other local law or state or federal law.
Reasonable interpretation required. 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.
Editor's Note: This local law was adopted for the following purpose, which was set forth in Section 1 of L.L. No. 8-1977: "Potable water supplies are an essential life-supporting element of our natural environment. Such water is continually threatened by contamination or pollution and the possible subsequent creation of health hazards. The Town of Lewiston desires to do all that is practicable to prevent such contamination and pollution through the use of safeguard devices. This local law assists in the effectuation of such purpose by requiring the installation of backflow prevention devices where there exist cross-connections between private and public water systems, thus avoiding backflow into the public water system."
Service lines may be placed in the same trench with a sewer lateral; provided, however, that such trench is shelved along one side, and further provided that the waterline is placed upon such shelf.
All service lines shall be laid by the owner or his plumber from the main or existing service line to the building. The Town of Lewiston will do no work whatsoever, except insertion of the corporation cock.
All service lines shall be installed by Town-approved workmen or plumbers only. No service line shall be covered until same has been inspected and approved by the Town of Lewiston.
[Amended 2-28-1977 by L.L. No. 1-1977]
All service lines, or sections thereof, which extend upon a property owner's land, from the meter to the boundary of the land owned by the said property owner, are considered the property of such owner, and said property owner shall be held responsible for any leakage which may occur on his land between the meter and his said property boundary. The property owner shall maintain said service line, or section thereof, on his land at said owner's expense as long as water is supplied. Curb boxes shall be at all times visible and free of obstruction and conform with the grade surrounding same.
When a leak is discovered in a service line, a notice informing the property owner of such leak shall be mailed or delivered to such property owner. Failure on the part of such property owner to repair such leak within two days of the date of that notice shall be sufficient cause for discontinuance of water supply through such service until such time that such leak is repaired.
The Department of Water shall have the right, at its discretion, to install a service, repair the same, repair a curb box or do any work upon any service connection to its mains that it deems necessary and to further bill the cost of such repair to the property owner as a part of his water bill.
Where a service line is abandoned, the service line must be shut off at the tap and disconnected at the expense of the property owner.
Water shall be furnished to domestic or commercial consumers through metered service only, except as hereinafter provided.
The supply of water through each separate service must be recorded by one meter only. If additional meters are required for departmentalizing the supply, they must be furnished and set at the owner's expense and the water meter reader shall not be required to read such meters nor subdivide the water charges.
Water meters shall be purchased by the owner of the premises from the Department of Water and shall remain the property of such property owner subject to the rules and regulations set forth herein and specifically to the provisions of § 35 hereof.
Water meters shall not be removed from one service and placed upon another until permission from the Water Department is obtained.
Water meters for the purpose of recording domestic consumption shall be set by the Town employees only. A place must be provided for the same by the plumber where such meter shall be protected from frost and in a convenient and accessible location for reading, examination or removal. There shall also be a brass stop and waste type valve placed in service just ahead of the meter and on the supply side of the service.
A suitable check and relief valve shall be placed in the service pipe and after the meter, where there is a possibility of hot water backing into the water meter.
Whenever possible, water meters used on domestic service shall be placed inside the cellar or in a frost-proof garage.
When it is required to install a water meter in any other place, a properly constructed pit of such size and construction as approved must be built to contain such water meter.
Unless otherwise permitted by the Water Department, meters of two inches or larger must be placed in a pit of such dimensions and construction and location as is acceptable to the water Superintendent. They must be properly drained so that the accumulation of water does not interfere with the duties of the Water Department. The application shall be accompanied by two copies of detailed dimensioned plan, which will show exact manner in which the installation of both service and water meter is to be made.
Whenever a new service is interconnected with an existing supply of water, a separate detail of the plan must be submitted for approval and no connection shall be made until the approval is granted.
All pit installations as outlined above must be provided with a suitable bypass of such size as will provide a continuous supply of water at such time that the meter is undergoing repairs. At all times bypass shall be sealed.
All water meters shall be sealed. Such seals shall not be broken or removed by any other than the Water Department without permission.
When a seal is accidentally broken, the consumer shall notify the Water Department immediately, whereupon a new seal will be set.
No person shall be permitted to break a Water Department seal or to disconnect or remove a water meter without express permission from the Water Department. In the event of a sale or other transfer of ownership of the premises, the water meter must be left connected to the service line and the Water Department will in no event reimburse the owner of the property for the cost of such water meter.
Meters may be removed, serviced and tested when in the opinion of the Superintendent of Water, such meter is in need of same or periodically as he may determine.
Whenever water meters are repaired, the expense thereof for labor and materials shall be billed to the property owner. Such bill shall then become a part of the water bill.
Water meters will be tested upon request of customer for the sum of $2.
[Amended 1-24-2011 by L.L. No. 1-2011]
Garden service provided by the Town of Lewiston is hereby discontinued.
Garden service may continue for existing customers owning meters purchased from the Water Department at the time of the adoption of this provision, which shall continue to be set and sealed in the spring and removed and read in the fall, by Water Department employees only.
When removed, the consumption shown thereon shall be charged at the following rates:
For those customers having had garden service established on or before December 31, 1999, the rates to be charged for Garden Service shall be the amount of water consumed by those customers at the regular rates charged for water pursuant to § A367-42 hereof.
For those customers having garden service established on or after January 1, 2000, the rates to be charged for garden service shall be the amount of water consumed by those customers at the regular rates charged for water pursuant to § A367-42 hereof, plus any charges based on water consumption pursuant to Chapter 270 of the Town Code regulating the use and maintenance of public sewers in the Town of Lewiston.
The owner of the premises supplied through the water meter shall be held responsible for all water registered by it and no reduction in bills rendered shall be allowed for leakage or for when part of the water was used by any other person.
A certificate of occupancy of any building shall not be issued by the Building Inspector until a water meter has been installed and paid for.
A service charge to defray the cost of reading meters, billing customers and providing department services shall be made against each customer taking a supply of water during the applicable quarter from the mains of the Town of Lewiston as follows:
Each customer serviced through a Town main laid in a highway abutting upon the premises: $2 per quarter.
Each customer occupying premises within a special improvement water district of the Town of Lewiston, not abutting upon a highway in which a Town main is laid: $5 per quarter.
Each customer within an area of the Town of Lewiston which could not be constituted as a special improvement water district and each customer not located in the Town of Lewiston: $15 per quarter.
Water rates within the several special improvement water districts of the Town of Lewiston are hereby imposed as follows:
Within those districts and to the extent that any district is supplied with water through mains of the Niagara County Water District:
Zero to 10,000 cubic feet per quarter: $3 per thousand
10,000 to 20,000 cubic feet per quarter: $2.62 per thousand
Over 20,000 cubic feet per quarter: $2.25 per thousand
A mandatory minimum charge of $3 per quarter for the use of water shall be made to each customer except where service has been disconnected.
Within those districts south of the Lewiston Escarpment supplied with water through mains of the City of Niagara Falls to the extent of such supply:
Zero to 20,000 cubic feet per quarter: $2.22 per thousand
Over 20,00 cubic feet per quarter: $1.50 per thousand
A mandatory minimum charge of $2.22 per quarter for the use of water shall be made to each customer, except where service has been disconnected.
Within those districts north of the Lewiston Escarpment deriving their supply of water from mains of the City of Niagara Falls, pursuant to contract between the City of Niagara Falls and the Village of Lewiston as follows:
Zero to 10,000 cubic feet per quarter: $3 per thousand
10,000 to 20,000 cubic feet per quarter: $2.62 per thousand
Over 20,000 cubic feet per quarter: $2.25 per thousand
A mandatory minimum charge of $3 per quarter for the use of water shall be made to each customer, except where service has been disconnected.
All water bills for the use of water shall be payable when due. Upon written notice from the property owner, the Water Department will mail bills to the tenant of the premises, however, in doing so no responsibility shall be assumed for the tenant receiving such bill or paying the same.
When a water meter is found not to be registering or stopped, the consumption shall be averaged on the consumption of previous quarters. The fact that the bill has been averaged will be indicated on the rendition.
When it is impossible to obtain a quarterly reading of any meter for any reason, the consumption will be averaged on the consumption of previous quarters. The fact that the bill has been averaged or estimated will be indicated at rendition.
[Amended 8-8-2016 by L.L. No. 2-2016]
Any water bill remaining unpaid on September 1 of the year following rendition will be placed upon the first County tax roll made up after such date. The amount owed, including the 10% penalty for being 30 days past due and any other fees imposed shall become a part of the tax, along with an additional $100 levy fee to recoup Town costs in processing the unpaid bill for inclusion on the County tax roll, and shall become due with the same and shall be subject to the same penalties and interest as such taxes.
The Water Department, in its discretion, may terminate water service at any time when a bill has remained unpaid for a period of 60 days after it became payable and shall not be restored until the account has been paid in full.
Water permits shall be required for erecting, constructing, repairing, altering and maintaining any building, structure, street, water main, sewer or for any purpose whatsoever that requires the temporary use of water. Such permits shall be issued for the above purposes at a flat charge of (minimum charge for each quarter or portion thereof).
Water for construction may also be obtained from any metered service without the above-mentioned flat charge provided that permission from such owner is obtained and that such owner shall be held liable for all water obtained in this manner, at regular metered rates. These rates shall apply regardless of whether the contractor is engaged in municipal or private work.
No person shall open, carry water from, or tamper with in any manner, any fire hydrant connecting to Town mains, unless a written permit is first obtained. However, this section shall not affect any Fire Department engaged in the pursuit of its regular duties, nor shall it effect employees of the Highway or Sewer Departments.
Complaints of overcharge on water bills must be made within 30 days of rendition. All bills against which no claim has been made within the time shall be considered correct and must be paid at the amount rendered.
When property becomes vacant, upon receipt of notice from the owner, the Water Department will temporarily discontinue the service by either shutting it off at the curb box or by shutting off and sealing the valve immediately ahead of the meter. No charge will then be made for water service during this time property remains vacant, provided the foregoing provisions are fully complied with. However, should the customer not request a discontinuance of service, the charge shall accrue against the premises for the amount metered, or the minimum quarterly charge for water in the district, whichever shall be larger. A charge of $5 shall be made for turning on any water service temporarily discontinued.
Persons purchasing property shall make arrangements with the seller of same regarding settlement for the partial payment of water consumed during any portion of the quarter. The purchaser shall be held responsible for all unpaid water bills as well as for water registered on the meter when he took possession. The Water Department shall assume no responsibility for the failure of the purchaser to ascertain these facts.
No plumber or any other person shall make any alterations in any way of the service branches, pipes or any other fixtures attached to the water mains without first obtaining written permission.
No plumber or other person shall make an attachment to any service pipe or other pipe, in such a manner that water passing through such attachment does not register on the meter.
All plumbers or other persons are expressly forbidden to turn on the water service to any building whatsoever, until a meter has been installed thereon.
No person shall, by false keys, wrench, or other means, after water has been shut off from any premises, cause or suffer such premises to be supplied with water contrary to the true intent and meaning of these regulations or ordinances.
No interconnection shall be made, in any manner whatsoever, between a public source of potable water and an individual or private source of water.
This Administrative Code, Rules and Regulations may be amended at any time and from time to time by the Town Board of the Town of Lewiston.
No person, corporation, or other entity who shall hereafter acquire title to lands contiguous to other lands heretofore or hereafter acquired shall, by reason thereof, have a right to a more favorable frontage rate for assessment of benefits purposes with respect either to lands heretofore acquired or lands subsequently acquired.
With respect to any subdivision of lands within the Tuscarora Water District approved by the Planning Board of the Town of Lewiston subsequent to the effective date hereof:
All water lines installed within any subdivision to service the individual lots therein contained shall be installed by the subdivider and/or developer at his or its own expense, including the connection or connections with existing water mains, and all water lines so installed shall have a minimum diameter of eight inches. Whenever any water line shall be required by the Water Department to be sized to a greater diameter than eight inches for the purpose of transmitting water to another area of the water district not owned by the subdivider and/or developer, or whenever additional pressure regulators may be required for a similar purpose, the subdivider and/or developer shall be compensated by the Water Department for the additional cost of furnishing materials only for water lines larger than eight-inch-diameter or additional pressure regulators required.
The Water Department shall inspect all house service connections and shall install water meters at standard Water Department rates.
All structures erected within any new subdivision shall be subject to special improvement district ad valorem benefit assessments at the same rate as from time to time is in effect in the remainder of the Tuscarora Water District.
From the time when any structure shall be erected upon any subdivision lot subject to the provisions of this section, the frontage of the lot upon which such structure is erected shall be included in the Tuscarora Water District special assessment roll at a special rate of $0.10 per front foot for the purpose of compensating the district for proportionate cost of original installation of the trunk distribution system and facilities.