City of Perth Amboy, NJ Article V Regulations

§ 418-10 Service lines.

[Added 8-10-11 by Ord. No. 1569-2011]

A. The following regulations shall be considered a part of the contract with every person who uses the water, and the fact of using water shall be considered as expressing assent on the part of the user to be bound thereby.

B. All water service lines shall be constructed of copper pipe of a type k or superior, and said water service lines shall be one inch in diameter or larger. No application for water service shall be approved unless the proposed water service line is to be constructed of type k copper pipe at least one inch in diameter. Any property which is serviced by a water service line which was in service prior to the effective date of this subsection and is constructed of pipe which is less than one inch in diameter, or is constructed of pipe of a grade inferior to type k copper pipe, shall be permitted to remain in service. The Director of the Water Utility may require that the owner of the property that is serviced by a water service line which is less than one inch in diameter and/or which is constructed of pipe of a grade inferior to type k copper pipe, upgrade said water service line whenever an application is made for improvements affecting the property's water supply service.

C. Upon application to the Water Utility to the City of Perth Amboy for a new water service line, the Utility if requested to do so by the property owner may provide the tapping services for the water service line up to one inch in diameter. If the services of the Water Utility to perform the tapping services for a new water service line of up to one inch in diameter is requested by the property owner, the Water Utility will furnish in addition to their services, a corporation stop, a curb stop, and a curb box. All necessary excavations and restorations are the responsibility of the property owner. All restorations must comply with City, county and/or state specifications.

D. The Water Utility reserves the right not to provide the tapping service if the quantity is more than two taps per development or depending on the Water Utility's work load. All costs associated with the tapping to the water main, including materials supplied, and/or labor to be furnished by the Utility, shall be paid by the property owner at the time that the application is submitted to the Water Utility. The Director of the Water Utility shall establish the fees for materials, supplies, and/or labor from time to time as the Director deems it necessary based upon prevailing prices, costs, and other relevant economic factors.

E. Upon the installation of the new water service line, the corporation stop, curb stop, curb box, the type k copper tubing, and any other fitting, or fixture that is part of the service line or housing the water meter such as a meter pit, shall become the property of the property owner and shall be deemed as part and parcel of the dwelling. The owner shall be responsible for the replacement and/or repair to any such item. Under no circumstance shall a property owner be permitted to repair, replace, remove, or in any way alter any of the aforementioned items without first obtaining prior written consent from the Director of the Water Utility. Any property owner found to have repaired, replaced, removed, or altered any such item without prior written consent from the Director of the Water Utility, shall be subject to criminal prosecution pursuant to the general penalty provisions of this chapter and/or laws of the State of New Jersey. Any person not authorized by the property owner to work on the water service line shall be subject to criminal prosecution pursuant to the general penalty provisions of this chapter and/or laws of the State of New Jersey. All existing and new water and sewer accounts shall be put under the name of the property owner.

[Amended 9-28-11 by Ord. No. 1585-2011]

F. All water and fire service lines and fixtures shall be kept in good condition and protected from frost at the owner's expense.

G. All trenches from the main to the curb shall be dug by the licensed plumber or qualified contractor to whom the Water Utility has granted permission to connect to the City's water main. The trenches shall not be less than four feet deep and the service pipe shall be laid in a twelve-inch embedment of soft sand, which shall be carefully tamped around the pipe to protect it. The use of cinders or cinder fill within 12 inches of a service pipe is expressly prohibited.

H. A curb stop and a curb box shall in all instances be placed at the curbline, which shall be used only by the Director of the Water Utility or his authorized designee or by a permit granted in writing by the Director of the Water Utility. Any person or persons turning the water on when it has been turned off by the Water Utility shall be fined the sum of $300 for the first offense and an additional $300 cumulative thereafter for the next two offenses. Legal action will be taken thereafter against the legal property owner as it appears on the records. The property owner shall be responsible for any unpaid fines within 30 days of issuing.

I. The Water Utility will not be liable for any damage resulting when operating the curb stop or any valve on the water service line while attempting to turn the water on or off, nor will the Water Utility be liable for any damage to the water service line resulting from repairs made by the Water Utility at the request of the property owner due to poor condition of the water service line when it was negligently damaged by the Water Department.

J. The water must for no reason be left running unless the property owner has been given a special permit to do so. Any leaks on the water service line must be repaired immediately. If no attempt has been made to take corrective action within a reasonable period of time, the Water Utility will turn the water off at the curb or at the main, depending on where the leak is, until a decision is made. If the leak is causing a safety hazard or damaging the street, after making an attempt to contact the property owner, the Water Utility will take action and make the necessary repairs to the service line. In all instances referenced above, all costs incurred will be the responsibility of the property owner. The property owner must provide convincing evidence that an attempt is being made to correct the situation. In any case the water should not be left running if it is causing as safety hazard, damaging the road or adjacent properties, or if the amount of water leaking is of such magnitude that in the opinion of the Director of the Water Utility should be stopped immediately.

K. The City of Perth Amboy Water Utility will not allow a connection to plumbing which has not been done by a licensed plumber and has been approved by the City's Plumbing Inspector.

L. The property owner shall be held responsible for all unpaid water bills and/or repair bills.

M. Where two or more parties take water through one service line, the provisions in regards to turning the water off shall be applicable to all parties although one or more of them may be innocent of any cause of offense.

N. No customer of the water utility shall supply water to parties not entitled to its use except upon permission from the Director of the Water Utility.

O. Consumers shall not be entitled to damages, nor will any portion of a payment be returned for any interruption of supply caused by an accident to any portion of the water works, nor for interruption for the purpose of additions or repairs. The Director shall reserve the right to turn off the water to make extensions, alterations, or repairs as needed.

P. All apparatuses at places supplied with the City's water must be accessible and open to the inspection of the Director of the Water Utility or his agents at all times. All pipes and fixtures shall be subject to inspection by the Water Utility if considered suitable for the purpose.

Q. In all occupied premises, all water fixtures of any nature will be deemed and held as used and will be charged for as long as our records indicate that said fixtures remain connected to the water mains.

R. In the case of a new service line, the invoices for labor performed and/or materials furnished by the Water Utility must be paid for before the water is turned on.

S. In the case of existing residential service lines, not larger than one inch in diameter, the property owner has the option of hiring the Water Utility or a licensed plumber to make any repairs or replacement of the water service line. No repairs will be permitted on any part of a galvanized water service line between the water main and the curb stop; the service line must be replaced at least to the curb stop. Any work performed by the Water Utility will be guaranteed for one year from the day of completion. The warranty includes all labor and materials related to the repairs of a leak due to defective parts or workmanship. All warranties will be voided if the water service line has been worked on or damaged by others.

T. The Water Utility reserves the right to accept or decline any application for the repair or replacement of a water service line based on the liability at which the Water Utility will be exposed, the difficulty of the work, and limitations set by the Water Utility to perform the work.

U. The property owner shall replace the curb box when the sidewalk for which they are responsible is being replaced by the property owner. It is the responsibility of the property owner to see to it that the curb box is set flush with the sidewalk or with the ground when the curb box is in a grassy area.

V. Before a structure is demolished, the water service line and the sewer lateral must be disconnected at the main in accordance with the Water Utilities' specifications. Water service lines connected to the water main by a corporation cock will be allowed to be disconnected at the corporation if said corporation is one inch or less. Any other connection must be disconnected from the main by removing the section of main where the connection is and replacing it with a new section of ductile iron pipe main of the same size. In the event that the Water Utility needs to install or replace a valve to provide a shutdown for the intention of removing the water service line connection, all costs incurred by the Water Utility must be paid for by the property owner for whom the water service line is being disconnected. It will be up to the Water Utility to select the location where the new valve will be installed. The specifications for the disconnection of the water service lines and the sewer laterals can be obtained at the Water Utility Office.

W. Any property owner making repairs, replacing, or installing a new water service line, and needing a shutdown of the main, must make the necessary arrangements with the Water Utility at least five working days before the work is scheduled. Only the Director of the Water Utility or his authorized representative is authorized to close the valves. Any unauthorized person operating a valve whether on the City's water main or on a water service line is in violation of the chapter and will be fined an/or prosecuted in accordance to this chapter. In the event that a new valve is needed or the replacement of an existing valve is needed in order to provide the requested shutdown, any costs incurred while installing the new valve or replacing an existing valve shall be paid for by the property owner who has requested the shutdown.

X. Any material that is used on the City's water main as part of a water service line connection shall be approved by the Director of the Water Utility.

Y. The term water service line can also be applied to a fire service line.

Z. Ductile Iron Pipe (when available), or copper tubing type k or better, may be used for the installation of service lines larger than one inch. No other material will be allowed to be used as part of a water service line if such service line will be connected to the City's water main.

AA. All connections to the City's water main must be inspected and approved by the Director of the Water Utility or his representative before the connection is covered with sand. In the event that an inspection has not been conducted, no approval will be issued and the water will not be allowed to be turned on until said connection is exposed and inspected by an authorized representative of the Water Utility.

BB. The Director of the Water Utility reserves the right to request a pressure test and/or that the water service lines of any size be chlorinated and tested for bacteria by a qualified laboratory before the water service line is put into service. Any chlorination or pressure testing must be done in accordance with the American Water Works Association Standards.

CC. All structures requiring a fire service line shall have a separate water service line for domestic usage only. All fire service lines shall have a detector check approved by the Director of the Water Utility and a backflow preventer approved by both the Director of the Water Utility and the City's Plumbing Inspector.

DD. A water line from which various water service lines are connected to and only serve a small amount of structures, and where a City water main is available, the water service line serving these homes shall be considered a private line and any repairs done to the common line shall be the responsibility of all the property owners connected to said water line. All costs incurred during the repairs shall be distributed equally amongst all of the property owners connected to the water line. Property owners have the option to disconnect the service line from this private line and connected to the City's water main. All costs are the responsibility of the property owner who wishes to connect to the City's water main.

§ 418-11 Fire hydrants.

[Added 8-10-11 by Ord. No. 1569-2011]

A. No one, with the exception of the Fire Utility, will be allowed to use water through fire hydrants for any purpose, except upon written permission from the Director of the Water Utility.

B. In the event that permission is granted to use a fire hydrant, the person to whom permission has been granted, shall be responsible for paying all fees as stated on the hydrant usage permit. The fees include a refundable check in the amount of 1 1/2 times the cost of the hydrant meter, the water usage at actual rates, and weekly rental fees. Rental fees will be charged on a weekly basis only, regardless if the meter will be used for less than a calendar week. Copy of the permit must be available on site whenever the fire hydrant assigned is being used. The permit application will be available at the Water Utility Office.

C. Any damages caused to the fire hydrant and or pipes when using the fire hydrant shall be the responsibility of the person to whom the permit was issued. Any costs incurred during repairs of the fire hydrant, main, or any part of the system damaged as a consequence of the usage of said fire hydrant shall be the responsibility of the person to whom the permit was issued.

§ 418-12 Water meter regulations.

[Added 8-10-11 by Ord. No. 1569-2011; amended 9-28-11 by Ord. No. 1585-2011; 1-13-2016 by Ord. No. 1801-2016]

A. Any damages to the water meter due to freezing, fire, etc., are the responsibility of the property owner and will be charged the retail cost of the meter as well as all the costs of labor, material and equipment incurred during replacement or retrieval of the water meter. In the event that the water meter is lost due to a fire, the property owner will be charged the retail cost of the water meter only for each meter that is lost and the consumption up to that point will be charged at the average daily consumption as shown by the water meter when it was previously working properly.

B. The City reserves the right to install a water meter for temporary use at the cost of the Utility as necessary, and charge for measured water as per the scheduled rates.

C. All water meters installed at any location where water is being supplied by the Water Utility shall be approved by the Director of the Water Utility.

D. If a water meter is not working properly and fails to register the correct water consumption, the customer will be charged at the average daily consumption as shown by the water meter when it was working properly.

E. The water meter for a new dwelling construction will be set by an employee of the Water Utility or in the case of more than one meter, by the licensed plumber named on the approved Water Connection Application or any other plumber that is approved by the Director of the Water Utility in writing. The installation of meters in a development consisting of more than one unit, regardless if it is an apartment building, condominium, town house, etc., shall be the responsibility of the property owner and the meters shall be installed by a licensed plumber approved by the Director of the Water Utility. Installation of water meters includes the water meter, the meter reading device and the cables attached to both the meter and the meter reading device. All installations must be in accordance with the specifications of the Water Utility and shall be inspected and approved by the Director of the Water Utility or a Water Utility employee designated by the Director of the Water Utility before the water is turned on. Only installations in accordance with the specifications of the Water Utility will be accepted.

F. The Water Utility will charge for water that passes through the water meter whether it has been used or wasted.

G. Any person found tampering with the water meter or any parts, components, or reading device will be prosecuted to the fullest extent of the law. Tampering with the water meter is considered theft of services and is a criminal offense. Fines will escalate in increments of $500 per offense. After the third offense, if found guilty of theft of services, in addition to the $1,500 fine, there may be an additional penalty of 90 days in prison or 90 days community service. All fines are in addition to the costs of the water meter, labor, materials, and equipment used to replace said water meter. All costs incurred will correspond to the charges set for services and equipment as set in this chapter.

H. Water meters found damaged will be the responsibility of the property owner whether the property owner lives at that location or not. All costs incurred during the replacement of the water meter, including the cost of the water meter and its appurtenances will be charged to the property owner.

I. There will be a $50 testing fee for water meter one inch or smaller if the meter change is requested by the property owner regardless of the reason for the request. No fees will be charged when disputing a high bill and the water meter does not test within the acceptable range of accuracy. In this case, in addition to waiving the $50 fee, the water bill will be adjusted to reflect the average daily consumption as shown by the water meter before the meter failed to read accurately. If the water meter tests within the acceptable range of accuracy, no adjustment to the water and sewer bill being disputed will be made. Any adjustments to the water and sewer bill shall be based solely on the meter test results. Fees for the testing of a water meter larger than one inch will be charged at the current cost to the Water Utility including all expenses incurred to the Water Utility including shipping and handling to and from a third party shop as well as all of the fees charged by the third party.

J. All water meters must be installed in accordance with the specifications of the Water Utility and must be easily accessible at all times without the need to use ladders, or the need to move anything blocking access to the meter. If the Water Utility discovers that a water meter is not accessible, the property owner will be notified in writing. If the situation is not corrected within five business days, the water will be turned off at the curb until the situation is corrected.

K. All new development consisting of multiple residential units, whether they are apartments, condominiums, townhouses, etc., or a combination of commercial units and residential units, shall install a meter in each unit. All meters in excess of one meter, must be purchased by the property owner. All meters shall be in accordance with the specifications of the Water Utility.

L. Water meters larger than one inch must be installed by a licensed plumber and the installation must be inspected and approved by the Water Utility before the water is turned on.

M. The replacement of an existing water meter with a meter smaller in size shall require the issuance of a plumbing permit from the Utility of Code Enforcement. Such permit must be accompanied by a certification from a licensed plumber stating that the smaller meter is adequate for the proposed use at the location where the meter will be installed. Copy of both the plumbing permit and the plumber's certification must be provided to the Director of the Water Utility before the meter is exchanged. A flat fee of $50 will be charged for the testing of the meter being replaced for a meter one inch or smaller and the actual cost to the Water Utility for meters larger than one inch.

(1) Whenever a water meter is found to be registering fast by more than one and one-half percent, an adjustment of charges shall be made in accordance with the following: (a) If the date when the meter had first become inaccurate can be ascertained then the adjustment shall be such percentage as the meter is found to be in error at the time of test adjusted to 100 percent on the amount of the bills covering the entire period that the meter has registered inaccurately. (b) In all other cases the adjustment shall be such percentage as the meter is found to be in error at the time of the test on one-half of the total amount of the billing affected by the fast meter adjusted to 100 percent since the previous test. No adjustment shall be made for a period greater than the time during which the customer has received service through that meter. No adjustment shall be made for a meter that is found to be registering less than 100 percent except in the case of meter tampering, non-registering meters or in circumstances in which the customer should reasonably have known that his bill did not reflect his usage. (N.J.A.C. 14:3-4.6)

§ 418-13 Private wells.

[Added 8-10-11 by Ord. No. 1569-2011]

New installation of private wells will not be allowed within the boundaries of the City of Perth Amboy. Any person using water in Perth Amboy must use it through a connection to the City's water main. All existing private wells must be in compliance with the New Jersey Department of Environmental Protection rules and regulations and must have a water meter approved by the Water Utility for sewer billing purposes. Sewer charges will be based on the amount of water passing through the water meter and in accordance with the sewer tariffs in effect. The water meter must be tested every six months for accuracy and copy of the test results must be submitted to the Director of the Water Utility. Any private well that is not in compliance with these rules shall be taken out of service immediately and not put back in service until all deficiencies have been corrected. Failure to follow these procedures will result in fines to the owner of $200 per day from the day that the property owner was ordered to cease using the well.