[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:
A.Â
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.
B.Â
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.
[Amended 8-27-2018 by L.L. No. 4-2018]
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 a fee to the Town of Lewiston,
as set from time to time by resolution of the Town Board of 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:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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[1]]
A.Â
AIR-GAP SEPARATION
APPROVED CHECK VALVE
APPROVED DOUBLE-CHECK-VALVE ASSEMBLY
APPROVED REDUCED-PRESSURE-PRINCIPLE BACKFLOW PREVENTION DEVICE
APPROVED WATER SUPPLY
AUXILIARY SUPPLY
BAROMETRIC LOOP
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
CROSS-CONNECTION
VACUUM BREAKER, NONPRESSURE-TYPE
VACUUM BREAKER, PRESSURE-TYPE
WATER SUPERVISOR
Definitions. The following terms, phrases, words and their derivatives
shall have the meanings given herein:
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.
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.
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.
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.
Any water supply approved by the New York State Department
of Health.
Any water supply on or available to the premises, other than
the approved water supply.
A loop of pipe which at its topmost point rises approximately
35 feet above the highest fixture it supplies.
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.
A vacuum breaker which is designed not to be reactive to
static line pressure.
A vacuum breaker designed to operate under conditions of
static line pressure.
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.
B.Â
Protection of public water system at the service connection.
(1)Â
Where protection is required.
(a)Â
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.
(b)Â
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.
(c)Â
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.
(d)Â
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.
(e)Â
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.
(2)Â
Type of protection. The protective device required shall depend
on the degree of hazard, as determined below:
(a)Â
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.
(b)Â
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.
(c)Â
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.
(d)Â
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.
(e)Â
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.
(f)Â
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.
(g)Â
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.
(3)Â
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.
C.Â
Protection of potable water systems within a premises.
(1)Â
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.
(2)Â
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.)
(3)Â
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.
(4)Â
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.
(5)Â
Plumbing connections.
(a)Â
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.
(b)Â
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.
(c)Â
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.
(6)Â
Marking safe and unsafe water lines.
(a)Â
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.
(b)Â
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.
(c)Â
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.
D.Â
Recourse for noncompliance.
(1)Â
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.
(2)Â
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.
E.Â
Penalties for offenses.
(1)Â
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.
(2)Â
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.
(3)Â
Every week that a violation is allowed to continue beyond the
time specified in said notice shall constitute a separate offense.
(4)Â
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.
F.Â
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.
[1]
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.
[Amended 12-11-2017 by L.L. No. 6-2017]
Water meters will be tested upon request of a customer for a
sum as set from time to time by resolution of the Town Board of the
Town of Lewiston.
[Amended 1-24-2011 by L.L. No. 1-2011]
A.Â
Garden service provided by the Town of Lewiston is hereby discontinued.
B.Â
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.
C.Â
When removed, the consumption shown thereon shall be charged at the
following rates:
(1)Â
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.
(2)Â
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.
[Amended 12-11-2017 by L.L. No. 6-2017]
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 set from time to time by
resolution of the Town Board of the Town of Lewiston.
[Amended 12-11-2017 by L.L. No. 6-2017]
Water rates within the water district of the Town of Lewiston
shall be set from time to time by resolution of the Town Board of
the Town of Lewiston, and said rate(s) shall be made publicly available
by the Town of Lewiston Water Department.
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.
[Amended 8-27-2018 by L.L. No. 4-2018]
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 the 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, as set from time to time by resolution of the Town Board
of the Town of Lewiston, 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.
[1]
Editor's Note: Former § A367-61, Amendments, was
repealed 12-11-2017 by L.L. No. 6-2017.
[Added 7-8-1968]
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.[1]
[1]
Editor's Note: Former § A367-63, New subdivision
regulations applicable to Tuscarora Water District, which immediately
followed, was repealed 12-11-2017 by L.L. No. 6-2017.
