Village of Walton, NY Water

APPLICATION FOR METERED WATER SERVICE
	_____ 20_____
To: Village of Walton
The undersigned, being the owner of the premises situated at ____________________ requests the Village to supply water at said premises and hereby agrees to pay the rates and comply with the rules and regulations of the Village.
Request is hereby made for a _____ inch service and a _____ inch meter.
The undersigned agrees to give prompt written notice to discontinue service, it being understood that failure to do so will make the undersigned liable for all water charges at the premises until the time written notice is received.

	Owner

Application for new service must be signed by the property owner.

Applications will be accepted subject to there being an existing main in the street or right-of-way abutting on the premises to be served, but acceptance shall in no way obligate the Village to extend its mains to serve the premises.

A separate application must be made for each premises. The word "premises" as used herein shall be defined as follows:

(1)

A building under one roof, owned by one customer and occupied as one residence or one place of business.

(2)

A combination of buildings owned by one customer, in one common enclosure, occupied by one family or one corporation or firm, as a residence or place of business.

(3)

Each unit of a multiple house or building separated by a solid vertical partition wall, occupied by one family or one firm, as a residence or place of business.

(4)

A building owned by one customer having a number of apartments, offices or lofts which are rented to tenants and using in common one hall and one or more means of entrance.

(5)

A building one or more stories high under one roof, owned by one customer having an individual entrance for the ground-floor occupants and one for the occupants of the upper floors.

(6)

Garden apartments owned by one individual or firm and located in one common enclosure.

§ 252-4 Service connections.

Installation from main to property line.

(1)

Service connections from the Village main to the property line will be installed by the Village or its authorized representative at the expense of the applicant and shall consist of a corporation stop inserted into the main, sufficient copper tubing to reach the applicant's property line and a curb stop and box.

(2)

In case of the installation of new services, the owner pays a tapping fee for which the Village taps the main and installs the service connection to the curb or property line. The fee for such installations shall be an amount as set from time to time by resolution of the Village Board.

[Amended 6-2-2014 by L.L. No. 3-2014]

(3)

All curb boxes once installed shall be adjusted to changes in grade and shall be kept accessible and in repair by the owner.

(4)

Service pipe and service connections shall not be trespassed upon nor interfered with in any respect. The curb stop may not be used by the customer for turning on or shutting off the water supply, but is for the exclusive use of the Village.

The applicant shall, at his own expense, install the service pipe from the curb box shutoff to the premises and a valve to be located preferably just inside the building wall, permitting control of the water supply by the customer. This property shall be maintained, at the expense of the customer and, when necessary, replaced. For this installation and maintenance thereof, the customer shall employ a competent plumber, and all work shall be performed in a manner satisfactory to the Village. The minimum size, materials, depth of cover and method of construction shall be the same as specified for a service pipe installed by the Village. If any defects in workmanship or materials are found, or if the customer's service pipe has not been installed in accordance with such specifications or with the Village requirements, water service either will not be turned on or will be discontinued if such defects are not remedied.

All service pipes shall have a minimum cover of five feet. No service pipes shall be less in size than three-fourths-inch inside diameter. United States Government Specification Type K soft tempered copper tubing shall be used on three-fourths-inch and one-inch services. Type K copper tubing shall be used on one-and-one-half-inch and two-inch services. All services larger than two inches in diameter shall be ductile iron pipe of quality equal to American Water Works Association standard specifications and of weight suitable for service under a pressure of 150 pounds per square inch. All connections of service pipes to a main with a ground cover of less than five feet shall be made on the side of the main so that such service pipes shall in no case have less covering than the main. The Village reserves the right in all cases to stipulate the size and type of service connection to be used.

After November 1 of any year, the Water Department will make no installation of water mains or service connections until weather permits in the spring, except in case of an emergency.

The Water Department shall not be responsible if the service pipes from the water main freeze, and, if the Water Department consults in thawing them out, the cost shall be borne by the property owner.

§ 252-5 Construction.

Approval required. All new development which requires public water facilities shall be subject, without exception, to final approval by the Water Department.

Construction expense. All mains, hydrants, valves and necessary appurtenances thereto, other than replacement of existing and accepted ones or other than on lands accepted for highway purposes prior to the adoption of the rules and regulations, shall be constructed and installed without expense to the Water Department and shall become the property of said Water Department by deed, easement or bill of sale without expense to the Water Department before being placed in use. Further, all replacement or repair of mains, pipes, hydrants, valves, etc., outside the Village which are supplied regularly with water by the Water Department shall be under the supervision of the Water Department and made without expense to the Water Department.

Inspection and certification. All new facilities and service connections, whether within or without the Village, which are supplied regularly with water by the Water Department shall be inspected and certified by the Water Department to be free from leaks, defects of installation, etc., before they are accepted and placed in use. No main of a size smaller than six inches shall be installed. Five feet of earth coverage and a distance of not less than four feet from any open area or vault shall be required.

Acceptance. No deed or easement or dedication of land for highway purposes shall be accepted by the Village unless such deed also conveys completed facilities, including mains, valves and hydrants, or until the grantor tenders a performance bond, labor and material bond and payment bond to the Village.

Materials. Unless otherwise approved by the Water Department, the following specifications shall be conformed to:

(1)

Pipe. Class 52 ductile iron pipe, shall be push-on joint type with rubber gaskets, four brass connecting wedges to each joint, cement lined and tar coated to meet American National Standard Institute Specification A21.52-1976.

(2)

Fittings. Shall be cast-iron Class 250 to meet American National Standards Institute Specification A21.11-1972 and American Water Works Association Specification C 111-72.

(3)

Hydrants. Shall conform to American Water Works Association specifications and shall meet the requirement of the Underwriters' Laboratories. Hydrants shall be six inches, having a mechanical joint connection, two two-and-one-half-inch hose connections and one pumper connection. Threads for nozzles shall be as required by the Village Fire Department. Hydrants shall be dry-barrel type conforming to AWWA Standard C-502.

§ 252-6 Metered service.

[Amended 7-17-1995 by L.L. No. 4-1995]

Meters. The Village will furnish, install and maintain meters and meter couplings, but the customer shall install on his premises the necessary piping, fittings, valves and pipe couplings to receive the meter. The Village will maintain meters as stated insofar as ordinary wear and tear is concerned, but in case of damage by freezing, hot water or external damage, the customer will be held responsible for the cost of repairs. The Village recommends the installation of suitable equipment, properly located and installed, to prevent backflow of hot water which may cause damage to the meter or other damage to customer's plumbing.

Location and reading of meters. The customer shall provide a place acceptable to the Village for the location of the meter. Meters shall be accessible for inspection and reading by the Village's authorized representative at any reasonable hour.

Right to remove and test meters. The customer grants the right of access to property to remove and test any meter at any time and to substitute another meter in its place.

Testing of meters.

(1)

The Village will test its meters periodically. In case of a disputed account involving the accuracy of a meter, the Village will test the meter upon the request of the customer. A fee payable in advance of the test is required, and said fee will be at the actual cost of the Village for private testing.

(2)

In the event that the meter is found to overregister in excess of 4% at any flow within the normal test flow limits, the fee will be returned to the customer; otherwise it will be retained. Adjustment in bills for overregistration of the meter will be made.

Nonregistering meters.

(1)

The reading of a duly installed meter showing the amount of water consumed shall be used for all metered billing purposes except where it appears that the meter has ceased to register or has registered inaccurately.

(2)

In cases where it is found that a meter has ceased to register or has registered inaccurately and the percentage of inaccuracy cannot be determined by reasonable test, an estimated bill for the billing period may be rendered to the consumer. The estimated bill shall be based upon the amount of water consumed in the corresponding period in prior years, except where it appears that there has been a change in the occupancy of the premises or in the use of water, in which case an equitable adjustment shall be made.

§ 252-7 Payment for water service.

Meters are read and customers are billed quarterly. All bills are due and payable within 30 days at the Village Office. On bills remaining unpaid after 30 days, a 10% penalty charge will be added, and on bills remaining unpaid 60 days after rendition, a 15% penalty charge will be added.

Failure to receive bills shall be no reason for not paying the added penalty charge.

Persons making complaint as to the correctness of meter bills and claiming to be overcharged can, by application to the Water Department within 10 days after rendition of the bill, have the meter examined and the dial reread. The Water Department is authorized to correct any charge due to a fault in the meter or to incorrect reading of the dial but shall have no power to reduce meter bills for any other reason whatsoever. This determination shall be made by the Board of Trustees.

§ 252-8 General rules.

[Amended 7-17-1995 by L.L. No. 4-1995]

Change of occupancy. The customer shall notify the Village five days prior to any change in ownership.

Discontinuance of service for nonpayment. All bills are due and payable, net cash, within 30 days after rendition. In case any water bill or charges provided for in and by these rules shall not have been paid within 60 days following the rendering of the bill, the Village will send a ten-day notice to the customer of its intent to discontinue water service to the customer. If the customer does not pay within 10 days after the mailing of this notice, the Village may discontinue water service to the customer, and in addition the customer shall become liable for a penalty fee which shall be an amount as set from time to time by resolution of the Village Board.

[Amended 12-21-1998 by L.L. No. 2-1998; 12-18-2000 by L.L. No. 7-2000; 6-2-2014 by L.L. No. 3-2014]

Seasonal occupancy.

(1)

Seasonal customers or those customers who take water for only part of the year will be charged the minimum charge for each quarter or part of each quarter during which water service is supplied. All water used will be charged at the regular Village metered rates. A deposit may be required from seasonal customers to ensure payment.

(2)

When service is discontinued by a seasonal customer, the customer will notify the Village, who will then disconnect the water service. When service is desired to be reestablished, the customer will notify the Village at least five days in advance. The customer will make arrangements for someone to meet the Water Department at which time the water service will be reconnected and the customer will be charged a fee for such installations which shall be an amount as set from time to time by resolution of the Village Board.

[Amended 6-2-2014 by L.L. No. 3-2014]

(3)

If so desired, the Village will remove the meter at an additional cost, which shall be an amount as set from time to time by resolution of the Village Board.

[Amended 6-2-2014 by L.L. No. 3-2014]

Interruption of supply.

(1)

As necessity may arise in the case of breaks in water mains or other emergencies of a similar nature, including the necessity for making repairs, connections, extensions and/or the installing and repairing of consumer services, the Water Department shall have the right and authority to temporarily shut off the water supply in order to perform the necessary work.

(2)

The Water Department will use, if possible, all reasonable and practicable means to notify the consumers in advance of such discontinuation of water service.

(3)

However, the Water Department shall not be liable for any inconvenience suffered by the consumer or for any damage which may result to the consumer's piping, fixtures, heating appurtenances, appliances, etc., resulting from the shutting off of the water supply for any purpose whatever, whether or not previous notice has been given.

(4)

The Water Department will not be liable in any case for any claim against it at any time for the interruption of water service, lessening of the water supply, inadequate water pressure or any other cause which may be beyond its control.

(5)

The Water Department will not be responsible for any accidents or damages that may result through supplying steam or hot-water boilers directly from the service pipe and depending upon the pressure from the distributing pipes of the Water Department to fill such boilers under working pressure; nor will it be responsible for any accidents or damages that may result in consequence of house boilers being unprotected by vacuum or other valves or of the imperfect action of the same nor for any lack of strength in the boilers or in their appurtenances to withstand the pressure in the distributing mains; neither will it be responsible for any damage occasioned by reason of the breaking of any lock, valve or of any service pipe or appurtenances thereto nor for any accidents or damages arising from shutting off the water for the repairs of mains, for new work or for any purpose whatever.

Discontinuance of service for violation of rules. Water service may be discontinued for any one of the following reasons:

(1)

For use of water other than represented in application or through branch connections on the street side of the meter or place reserved therefor.

(2)

For willful waste or use of water through improper and imperfect pipes or by any other means.

(3)

For molesting any service pipe, seal, meter or any other appliance owned by the Village.

(4)

For nonpayment of bills for water or services rendered.

(5)

For cross-connecting pipes carrying water supplied by the Village with any other source of supply or with any apparatus which may endanger the quality of the water supply.

(6)

For refusal of reasonable access to the property for the purposes of inspecting fixtures or piping or for reading, repairing, testing or removing meters.

(7)

For submetering or reselling water.

Hydrants.

[Amended 6-2-2014 by L.L. No. 3-2014]

(1)

No person shall open or interfere with or draw water from any public fire hydrant without permission from the Village of Walton Superintendent of the Department of Public Works. In case of testing a private fire connection, the Village of Walton Superintendent of the Department of Public Works shall be notified.

(2)

The Village of Walton Superintendent of the Department of Public Works will not issue any permits for the use of hydrants unless there is no other possible way to get water without reasonable hardship. No permits will be issued in winter. If the Superintendent of the Department of Public Works issues a temporary permit, the person or persons making application will pay a fee which shall be an amount as set from time to time by resolution of the Village Board. Additional charges will be made for the water used in accordance with the schedule of water rates.

Cross-connection to other sources prohibited. No pipe or fixtures connected with the mains of the Village shall be connected with pipes or fixtures supplied with water from any other source nor any apparatus which may endanger the quality of the Village's water supply unless a permit is obtained from the Water Department.

Sprinkling or irrigation. There may be times when, in the opinion of the Village, it may be necessary to restrict the use of this service to certain definite periods or to prohibit it entirely. In this event, all customers will be notified by public notice.

§ 252-9 Repealer.

Existing rules and regulations are repealed.

§ 252-10 Unpaid rents to become lien.

Unpaid water rent becomes a lien on the property.

§ 252-11 Rates.

[Amended 2-3-1986 by L.L. No. 1-1986; 5-7-1990 by L.L. No. 4-1990; 12-21-1998 by L.L. No. 2-1998]

Rates for water services shall be as follows:

[Amended 5-7-2007 by L.L. No. 2-2007; 7-7-2008 by L.L. No. 2-2008; 6-1-2009 by L.L. No. 5-2009; 6-2-2014 by L.L. No. 3-2014; 9-11-2017 by L.L. No. 3-2017; 3-3-2020 by L.L. No. 2-2020; 4-6-2020 by L.L. No. 4-2020; 3-1-2021 by L.L. No. 2-2021; 4-4-2022 by L.L. No. 2-2022; 4-17-2023 by L.L. No. 3-2023]

(1)

Metered rate, per quarter per 1,000 gallons: $6.20.

(2)

Minimum charges per quarter: $48. This is a capital improvement charge and is charged regardless of water usage or lack thereof.

(3)

Unmetered water rate set annually by the Board.

(4)

Private fire protection, for fire use only:

(a)

Hydrants, for each year: set annually by the Board.

(b)

Sprinklers:

[1]

Four inches: set annually by the Board.

[2]

Six inches: set annually by the Board.

[3]

Eight inches: set annually by the Board.

All service bills are due and payable 30 days after rendition.

On bills remaining unpaid after 30 days, a penalty of 10% will be added. After 60 days, 15% will be added.

The property owner is responsible for all water bills.

Article II Cross-Connections and Backflow Protection

[Adopted 4-21-1986 by L.L. No. 3-1986 (Ch. 52 of the 1973 Code)]

§ 252-12 Purpose.

The purpose of this article is to:

Protect the public potable water supply of the Village of Walton from the possibility of contamination by isolating within its customer's internal distribution system or its customer's private water system such contaminations or pollutants which could backflow into the public water supply system.

Comply with the requirements of the New York State Sanitary Code 5-1.21, in conformance with the State Health Department's Cross-connection Control Manual.

§ 252-13 Definitions; word usage.

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:

AIR GAP SEPARATION

A physical break between a supply pipe and a receiving vessel. The air gap shall be at least double the diameter of supply pipe, measured vertically above the top rim of the vessel, and in no case no less than one inch.

APPROVED CHECK VALVE

A check valve that seats readily and completely. It must be carefully machined to have free-moving parts and assured watertightness. The face of the closure element and valve sear must be bronze, composition or other noncorrodible material which will seat tightly under all prevailing conditions of field use. Pins and bushings shall be bronze or other noncorrodible, nonsticking material, machined for easy, dependable operation. The closure element (e.g., clapper) shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable.

APPROVED DOUBLE CHECK VALVE ASSEMBLY

An assembly of at least two independently acting approved check valves, including tightly closing shutoff valves on each side of the check valve assembly and suitable test cocks plus connections available for testing the watertightness of each check valve.

APPROVED REDUCED PRESSURE PRINCIPAL BACK-FLOW PREVENTION DEVICE

A device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, two shutoff valves, and equipped with necessary appurtenances for testing. The devices shall operate to maintain the pressure in the zone between the two check valves, 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 case of leakage of either valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. To be approved, these devices must be readily accessible for maintenance and testing and installed in a location where no part of the device shall be submerged.

APPROVED WATER SUPPLY

Any supply approved by, or under the public health supervision of, a public health agency of the State of New York, the County of Delaware or the Village of Walton. In determining what constitutes an approved water supply, the Department of Health of the State of New York (herein called the "State Health Department") shall have the final judgment as to its safety and potability.

CERTIFIED TESTER

That individual or firm approved by the State Health Department to make inspections and operational tests of backflow prevention devices.

CONSUMER

Any person to whom water is sold and furnished from the Village of Walton.

CONTAMINATION

An impairment of the quality of the Village water supply by the presence of any foreign substance (organic, inorganic, radiological or biological) to a degree which creates a hazard to the public health.

CROSS-CONNECTION

An unprotected connection between any part of the Village water works system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as safe, wholesome and potable for human consumption.

NONTOXIC SUBSTANCE

Any substance of a nonpoisonous nature that may create a moderate or minor hazard to the water supply system.

PERSON

Any natural person, firm, association, organization, partnership, trust or association or persons, joint venture, corporation, or company and includes the United States, the State of New York, the County of Delaware, any special purpose district, and any officer or agent thereof.

PREMISES

Integrated land area, including improvements thereon undivided by public thoroughfares or water distribution mains of the Village of Walton and where all parts of the premises are operated under the same management and for the same purpose.

PROTECTIVE DEVICE

Any of the following devices:

(1)

Air gap separation.

(2)

Approved reduced pressure principle backflow prevention device.

(3)

Approved double check valve assembly.

SERVICE CONNECTION

The terminal end of a service connection from the Village water supply at its point of delivery to the consumer. If a meter is installed, "service connection" means the downstream end of the meter. No unprotected take-offs from the service line ahead of any meter or backflow protective device located at the point of delivery to the consumer shall be permitted.

SUPERINTENDENT

The Superintendent of Water of the Village of Walton, or his authorized representative.

TOXIC SUBSTANCE

Any substance (liquid, solid or gaseous), including raw sewage and lethal substances, that when introduced into the water supply system creates or may create a danger to the health and well being.

UNAPPROVED WATER SUPPLY

Any water supply on or available to the premises other than an approved water supply.

VILLAGE

The Village of Walton.

VILLAGE WATER SUPPLY

An approved water supply sold and delivered to the consumers' premises through the water works system of the Village of Walton.

"Shall" is mandatory; "may" is permissive.

§ 252-14 Where protection required; type of protection.

Unapproved water supply. At the service connection to any premises having an unapproved water supply, the Village water supply shall be protected by an approved reduced pressure principle backflow protection device or an air gap separation.

Toxic substances (hazardous facility). At the service connection to any premises on which toxic substances may be handled in such a manner as to constitute a cross-connection, the Village water supply shall be protected by an approved reduced pressure principle backflow prevention device or an air gap separation.

Nontoxic substances. 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 Village water supply is handled in such a manner as to constitute a cross-connection, the Village water supply shall be protected by an approved double check valve assembly.

Nonhazardous to hazardous. In the event a facility is rated nonhazardous and on such date becomes hazardous, notification of at least 30 days be given to the Superintendent before the change takes place. Protection by the use of a protective device as required on hazardous substances must be installed.

Sewage treatment plant and dumping stations. At the service connection to any sewage treatment plant or sewage pumping station, the Village water supply shall be protected by an air-gap separation. The air gap shall be located as close as practicable to the service connection, and all piping between the service connection and receiving tank shall be entirely visible. If these conditions cannot be reasonably met, the Village water supply shall be protected with an approved reduced pressure principle backflow device, providing this alternative is acceptable to the Superintendent. A final decision in this matter shall be made by the State Health Department.

Fire system. At the service connection to any premises in which a fire protective system is installed, the Village water supply shall be protected based on the water source and arrangement of supplies in accordance with the following classifications:

(1)

Class 1. Direct connection from public water mains only; no pumps, tanks or reservoirs; no physical connections from auxiliary water supplies, no antifreeze or other additives of any kind; all sprinkler drains discharging to atmosphere, dry wells or other safe outlets. Protection: single check valve assembly if not already installed in the system.

(2)

Class 2. Same as Class 1, except booster pump may be installed in the connections from the street mains. Protection: single check valve assembly if not already installed in the system.

(3)

Class 3. Direct connection from public water supply main plus one or more of the following: elevated storage tanks; fire pumps taking suction from aboveground covered reservoirs or tanks; and pressure tanks. Protection: approved double check valve.

(4)

Class 4. Directly supplied from public mains similar to Classes 1 and 2, and with an auxiliary water supply or available to the premises; or an auxiliary supply may be located within 1,700 feet of the pumper connection. Protection: approved air gap or reduced pressure principle backflow protective device.

(5)

Class 5. Directly supplied from public main, and interconnected with auxiliary supplies, such as pumps taking suction from reservoirs exposed to contamination or rivers and ponds; driven wells; mills or other industrial water systems; or when antifreeze or other industrial water systems, or where antifreeze or other additives are used. Protection: approved air gap or reduced pressure principle backflow prevention device.

(6)

Class 6. Combined industrial and fire protection systems supplied from the public water mains only, with or without gravity storage or pump suction tanks. Protection: determined by the Superintendent upon review of engineering drawings or the system.

Lawn sprinkling systems. At the service connection to any permanently installed lawn sprinkling system the Village water supply shall be protected by an approved double check valve assembly. If the lawn sprinkling system handles liquid fertilizers or other chemicals, the Village water supply shall be protected by an approved reduced pressure principle backflow prevention device.

§ 252-15 Responsibility.

Consumer responsibility. It shall be the responsibility of each consumer at his own expense to furnish, install and keep in good working order and safe condition any and all protective devices required in this chapter. The Village shall not be responsible for any loss or damage directly or indirectly resulting from or caused by the improper or negligent installation, operation, use, repair or maintenance of, or interfering with, any protective device by any customer or any other person.

Design and approval. The design for the installation of a backflow prevention device must be prepared in accordance with New York State laws and regulations, and must be approved by the Superintendent and all agencies required by state laws and regulations.

§ 252-16 Inspections and records.

The consumer on whose premises any protective device is installed shall have each such device inspected by a certified tester annually. If successive inspections disclose repeated failures in the operations of any device, the Superintendent may require more frequent inspections. Each device shall be repaired, overhauled or replaced at the expense of the consumer wherever it is found to be defective. Records of such tests, repairs and overhauls shall be kept and a copy of such records forwarded to the Superintendent on an annual basis. The Superintendent shall have the duty of determining that the inspections required herein are performed properly. If following demand therefor, the consumer fails to have any of the inspections made as required herein or to make the above described records available, the Superintendent shall have the right to have the device tested and the consumer shall pay the cost thereof.

§ 252-17 Compliance required; discontinuance of service; notice; right to enter premises.

No water service connection shall be installed on the premises of any consumer unless the Village water supply is protected as required by this chapter.

Delivery of water to the premises of any consumer may be discontinued by the Superintendent if any protective device required by this chapter has not been installed, inspected, tested and maintained, or is defective, or has been removed or bypassed.

Delivery of water shall be discontinued immediately and without notice to the consumer if the Superintendent determines that:

(1)

The Village water supply is being contaminated or is in immediate danger of contamination.

(2)

A protective device required by this chapter has not been installed, or is defective, or has been removed or bypassed.

(3)

The consumer cannot be immediately located.

Notice.

(1)

Except as provided in Subsection C, delivery of water shall not be discontinued until written notice thereof has been given to the consumer. The notice shall state:

(a)

The conditions or defects which must be corrected.

(b)

The manner in which the stated conditions or defects are to be corrected.

(c)

The date on or after which delivery of water will be discontinued, and which shall not be less than 15 nor more than 90 days following the date of delivery of mailing of this notice. The Superintendent may grant the consumer an extension for an additional period not to exceed 90 days if he determines the consumer has exercised due diligence but has been unable to comply with the notice within the time originally allowed.

(2)

The notice shall be given by delivering same to the consumer, the manager or agent thereof, or to any person in charge of, or employed in the place of business of the consumer; or, if the consumer has not a place of business, then at the place of residence of the consumer if known, or by leaving the notice at either the place of business or the residence of the consumer. If the consumer cannot be found, service of the notice shall be mailed, postage fully prepaid, addressed to the consumer at the place of business or residence set forth in the application of consumer for water service in the records of the Village.

(3)

Once discontinued, delivery of water shall not be resumed until any protection device required by this chapter and approved by the Superintendent has been properly installed, or until the conditions at the consumer's premises creating the need for a protective device have been abated or corrected to the satisfaction of the Superintendent.

For the purpose of making any inspections or discharging the duties imposed by this chapter, the Superintendent shall have the right to enter upon the premises of any consumer. Each consumer, as a condition of the continued delivery to his premises of water from the Village water supply, shall be considered as having stated his consent to the entry upon his premises of the Superintendent for the purposes stated herein.

§ 252-18 Existing devices.

All presently installed prevention devices which do not meet the requirements of this chapter but were approved devices for the purposes described herein at the time of installation and which have been properly maintained shall, except for the inspection and maintenance requirements under § 252-16 be excluded from the requirements of these rules so long as the Superintendent is assured that they will satisfactorily protect the Village's water supply. Whenever the existing device is moved from the present location or requires more than minimum maintenance which constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this chapter.

§ 252-19 Severability.

If any section, subsection, sentence, clause or phrase of this article is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this article.