A.
To implement this chapter, the City Council hereby adopts the provisions of Massachusetts General Laws, Chapter 165, §§ 1, 11A through 11E inclusive.
B.
Fees and assessments.
(1)
Entrance fees and assessments for water connections. Fees and/or
assessments shall be made upon the property owners within the territory
of said water treatment and distribution system by a rate determined
by the Water-Sewer Commission.
(2)
Rate of assessment and entrance fees. The rate of assessment
and entrance fees shall be set by the Commission for each connection
to the public water system on any street or way upon which water is
constructed and upon application of entrance.
(3)
The current fees arc on file in the office of the City Clerk.
(4)
Rates are subject to approval of the Water-Sewer Commission.
(b)
Superintendent to estimate betterment fees. Should the Commission,
with the approval of the City Council, establish betterment fees,
the Superintendent shall, immediately upon the completion of a water
service in any street or way, have a water assessment bill sent to
each and every owner of an estate on such street or way whose property
can be serviced by the drinking water system. If buildings are already
on the estate, the water connection shall be made and the assessment
bill shall contain the total assessment prescribed.
(5)
Betterment charges are subject to approval of the City Council.
(6)
Billing of entrance fee and assessments. Upon application for
water entrance by the property owner, the Commission shall, upon the
completion of a water connection, render the property owner a bill
for the amount of the water entrance fee.
(7)
Special assessment or betterment fees. In the case of a special
assessment, the Commission shall, upon completion of public water
improvements, render a bill as approved for said assessment to all
applicable property owners.
(8)
Water use charges; other fees. All water use charges and other
fees are to be set by the Commission and kept on file with the City
Clerk.
(9)
Payments and late fees. All charges or bills shall be due and
payable 45 days after issue, and charges or bills remaining unpaid
after such due date shall be charged interest thereon at a rate as
provided in Massachusetts General Laws, Chapter 40, § 21E.
If the last day of the forty-day period after issuance of the bill
falls on a Saturday, Sunday or legal holiday, the account may be paid
on the next regular business day thereafter without payment of the
late payment fee.
(10)
(Reserved)
(11)
Water fund. To implement this section of the chapter, the City Council hereby adopts the provisions of Chapter 83, §§ 16, and 16A through 16F, inclusive, and Chapter 40, as most recently amended by Chapter 487 of the Acts of 1954, as amended, of the Massachusetts General Laws, for the specific purpose of establishing a separate water fund.
A.
Application procedure. In order to obtain approval to construct or
change the size or location of a water service pipe connecting to
a public water main, the owner shall submit a general service application.
General service application forms may be processed at the Superintendent's
office. A completed general service application includes verification
by the applicant that the address listed is the correct premises address
for the premises in question. A general service application shall
be supplemented by permits, plans, specifications or such other information
as the Superintendent may require, including but not limited to building
site plans approved by the Superintendent. Approval of a general service
application shall be subject to the availability of capacity in the
public water main as determined by the Superintendent. Any general
service application issued shall be void and invalid unless the work
authorized by it shall have been commenced within 30 days after issuance;
however for cause shown and upon written request by the owner, an
extension may be granted by the Superintendent.
B.
Demolitions. Before a building or structure is demolished, the owner
shall notify the Superintendent, complete a termination verification
approval form for demolition, submit a general service application
for removal or cutting and capping all water, sewer and fire pipes.
At the Superintendent's sole discretion, the owner may be required
to submit a site plan. The Superintendent shall inspect the work to
ensure that the services are removed or properly cut and capped in
accordance with City specifications prior to backfilling.
C.
Increase/decrease in size of service. When the size of a water service
is either increased or decreased, the service to be discontinued must
be removed or, if approved, cut and capped at the main in accordance
with City specifications.
D.
Expense borne by owner. All costs and expenses incident to submission
of a general service application and work authorized pursuant to such
application, including but not limited to design, legal, construction,
connection, and inspection of a water service pipe shall be borne
by the owner.
E.
Existing users. In the absence of a signed general service application,
the provision of water service by the City and its use by the owner
shall nonetheless be subject to all provisions of this chapter.
F.
Water service pipes ownership. The property owner shall own that
portion of a water service pipe located on the owner's property with
the exception of City-owned meters and couplings. Where a building,
foundation wall, retaining wall, stairs, areaway or other subterranean
structure is located on the property line, such ownership shall continue
to a distance of 18 inches beyond the property line.
G.
Design and construction standards. Water service pipes within a public
way or a private way open to public travel shall be constructed in
accordance with the City's Design Criteria. Water service pipes within
private property shall be constructed in accordance with the latest
version of the Massachusetts State Plumbing Code.
H.
Location of water service pipe. No water service pipe shall be laid
in the same trench with any other public or private facilities, except
a fire pipe, nor within 10 feet of a sewer unless approved by the
Superintendent. Any connection of a water service pipe to a public
main shall be made in a public way, a City-owned easement or in a
private way open to public travel.
I.
Limitation on tapping mains. Where there is more than one public
water main in a street, the Superintendent shall determine which main
the owner may tap for water service pipe connection. Water mains designated
as transmission mains shall not be tapped for water service, except
when approved by the Superintendent. All new taps shall be a minimum
of one pipe size smaller than the main to be tapped; however where
the Superintendent deems this to be impractical, then a solid sleeve
three-way branch shall be used to connect to the new main.
J.
Separate services. In general, the City requires a single water service
pipe and a master meter for multiple unit premises. Otherwise, a separate
service and meter shall be required for each premises of different
address or ownership. The Superintendent shall determine the water
service pipe connections for condominiums and/or row houses.
K.
Combined service. All provisions within this article for water service
pipes shall also apply to existing combined services. New combined
services shall not be installed, unless the Superintendent determines
that combined service is in the interest of efficiency, with the concurrence
of the City of Chicopee's Building Department, and approves such a
service in writing.
L.
Restriction on use of fire pipe. No fire pipe shall be converted
to a water service pipe.
M.
Installation of water service pipe. The owner shall be responsible,
at its expense, for fulfilling all Superintendent requirements for
licensing, bonding, permitting, submitting applications, installing
the water service pipe and appurtenances, tapping and making connection
to the public water main designated by the Superintendent, and cutting
and capping any water service pipe and appurtenances to be discontinued.
Only the Superintendent shall let on the water service. The service
will not be let on until the installation has been inspected and a
water meter has been installed in accordance with this chapter. The
owner or owner's contractor shall arrange at least 24 hours in advance
for an inspection by the Superintendent before backfilling the installed
water service pipe and appurtenances. The owner shall not backfill
the installation until after receipt of a written inspection certificate
from the Superintendent. The owner shall provide access to the property
for the inspection by the Superintendent and shall not conceal the
purpose for which water service is used or to be used.
N.
Second source. If continuous water service is necessary, the Superintendent
may, at its discretion, require the owner to install a second metered
service as a back-up water system. Such second source shall be installed
in accordance with City specifications and in accordance with this
chapter. All costs and expenses incident to the installation of a
second source shall be borne by the owner.
A.
Furnishing of meters and meter size. For residential and nonresidential
buildings, the City shall furnish at its expense meters and all automatic
reading devices, up to and including two inches in size, along with
the necessary bushings and couplings to attach to the plumbing. The
owner shall furnish at its expense meters as specified by the Superintendent
three inches in size or larger, except that the replacement of any
such meter shall be at the City's expense. The size of the meter required
shall be subject to the approval of the Superintendent.
B.
Ownership. All meters, once installed, become the property of the
City, except that the City may refuse to take ownership of a meter
which is improperly installed or which is the wrong type or size for
the premises in question. Where a meter is improperly installed or
is the wrong type or size, the owner shall be required to furnish
a meter approved by the Superintendent prior to the commencement or
let on of water service. The Superintendent has the right to change
the size of the meter without charge to the owner. However, all costs
and expenses associated with the installation of a meter outside of
normal business hours shall be borne by the owner.
C.
Installation of meters. The City shall, at its expense, install all
meters up to and including two inches in size. Prior to installation
of the meter, the owner shall, at its expense, complete the plumbing
so that the premises is ready for meter installation. If plumbing
work is necessary to make the premises meter-ready, the Superintendent
will provide plumbing specifications to enable the owner to prepare
the premises for meter installation. The plumbing shall be completed
in a manner that permits installation of the meter closest to the
point of entry of the water service pipe. All meters three inches
in size and larger and automatic reading devices shall originally
be installed by the owner at its expense and inspected by the Superintendent.
The City shall at its expense replace such meters and automatic reading
devices. All meters and meter installations shall conform to the City's
Design Criteria and comply with this chapter. Meters three inches
in size and larger shall be the turbine or compound type or as determined
by the Superintendent and shall be installed with a strainer of the
same manufacturer and with a one-inch tap for meter testing by the
Superintendent.
D.
Location of meters. All meters shall be installed within an owner's
building as close to the public water supply main as possible in an
ample and suitable space free from exposure to freezing unless otherwise
directed by the Superintendent. This space shall at all times be unobstructed
and accessible to the Superintendent for reading, testing, inspection
and maintenance purposes.
E.
Meter pits. The installation of a meter in a pit shall be at the
sole discretion of the Superintendent.
F.
Outside meter-reading devices or automatic reading devices. The City
may install a device on the inside or outside of a building in a conveniently
accessible location to enable routine meter readings without internal
access to the owner's building. A device on a two-inch or smaller
water supply line shall be installed at the City's expense. Devices
installed on meters three inches or larger shall be approved by the
Commission and installed by the owner at its expense. The City shall
subsequently maintain and replace such devices at its expense.
G.
Right to enter premises. In accordance with the provisions of this
chapter and Massachusetts General Laws, Chapter 165, § 11D,
the Superintendent may enter premises to install, examine, calibrate,
repair, test or remove meters and automatic reading devices.
H.
Meter testing. The Superintendent may subject all meters to periodic
tests. The Superintendent may at any time test, repair or replace
any meter at its option and expense. An owner may request that the
Superintendent test his or her meter. Such tests shall be performed
at the expense of the owner in accordance with the Commission's Billing,
Termination and Appeal Regulations and for the standard fee then in
effect.
J.
Master meters. The Superintendent, at its sole discretion, may require
the master metering of more than one water service. In such case,
the owner of the premises served shall be responsible for payment
of all water charges, all costs and expenses incident to the installation
of the master meter and the acceptance of all related notices.
K.
Meter replacement or repair. The City maintains a meter installation
and maintenance program. Upon notification that a meter is broken
or missing, the Superintendent will install a new meter, provided
that the premises are meter-ready. The replacement of a frozen meter
or a meter that is lost in service shall be at the owner's expense.
If plumbing work is necessary to make the premises meter-ready, the
Superintendent will provide plumbing specifications to enable the
owner to prepare the premises for meter installation.
A.
Repairs and maintenance. The portion of a water service pipe on private
property, or the portion not owned by the City, shall at all times
be kept by the owner in good repair, free of leaks and protected from
frost and corrosion. If the Superintendent determines that any private
piping does not conform to applicable state and federal law, codes
and ordinances, the Superintendent may require an owner, at its expense,
to expose the piping for inspection by the Superintendent. The Superintendent
may require the owner, at its expense, to replace or repair the piping
in accordance with applicable ordinances. In the case where the portion
of the water service pipe owned by the City is damaged by neglect
or carelessness of the owner of the premises served, or any plumber,
contractor, occupant or other person acting on behalf of the owner
of the premises, all necessary repairs shall be made by the City at
the owner's expense.
B.
Leak up to owner (LUTO). If the Superintendent determines that there is a leak in the owner's portion of the water service pipe, the Superintendent shall so notify the owner with a written LUTO notice, and the owner shall be responsible for filing a general service application, having the leak repaired and the work inspected by the Superintendent to ensure compliance with this chapter. The Superintendent, in accordance with the provisions of Article 4.0 may shut off such a leaking water service pipe.
C.
Thawing. The owner is responsible for thawing, at its expense, a
frozen water service pipe on the owner's portion of the water service
pipe.
A.
Shutoff. The Superintendent may shut off water service without notice in order to perform work on a public water main or a water service pipe or pursuant to Article 4.0 hereof.
(1)
The Superintendent may shut off water service with notice for
reasons of termination pursuant to its Billing, Termination and Appeal
Regulations.
(2)
At the owner's request, the Superintendent may shut off water
service to a premises in order for the owner to make repairs, or for
temporary vacancy.
(3)
Water service may be terminated by the Superintendent for nonpayment
or for reasons other than nonpayment, as specified in the Commission's
Billing, Termination and Appeal Regulations.
(4)
The Superintendent may terminate the water service to customers
who have unpaid balances for water, sewer, storm fees and/or charges.
Termination will be in accordance with the Board of Water and Sewer
Commission's written policy and regulations titled "Billing, Termination,
Payment Plan, & Appeal Regulations."[1]
[Amended 4-20-2021 by Ord. No. 21-16]
[1]
Editor's Note: Said regulations are on file in the City offices.
B.
Let-on. Only the Superintendent shall let on water service. The Superintendent
may let on a water service without notice after performing work on
a public water main or a water service pipe. If an owner requests
the Superintendent to shut off water service, then the Superintendent
will let on the water service only after a subsequent request by the
owner and, where required, after compliance with this chapter. After
inspection of a newly installed metered water service pipe, and upon
request by the owner, the Superintendent shall let on the water service.
The let-on of a water service by anyone other than the Superintendent
is a violation of this chapter and can result in the imposition of
fines in accordance with this chapter.
C.
Let-on after termination. When water service to any premises has
been terminated for any reason, it will be let on by the Superintendent
only after the conditions, circumstances or practices that caused
the water service termination are corrected and upon payment in accordance
with the Commission's Billing, Termination and Appeal Regulations.
If water service has been off for one year, a general service application
must be filed and shall be supplemented by building site plans approved
by the Superintendent and any other such permits, plans, specifications
and information as the Superintendent may require.
D.
Discontinuance by the owner. An owner may discontinue the owner's
water service to a building by notifying the Superintendent in writing
at least three working days in advance of the date on which water
service is to be discontinued. Upon notification that the service
is to be discontinued, the Superintendent shall shut-off the water
service. When water service has been discontinued for a period of
one year or more, the Superintendent may, at its sole discretion require
the owner to cut and cap, at the owner's expense, the water service
pipe(s) from the public water main.
E.
Let-on after discontinuance. If water service has been discontinued
for less than one year, the service shall be let on only by the Superintendent
at the request of the owner. Where water service has been discontinued
for one year, the water service will be let on only after the owner
submits a general service application. The general service application
shall be supplemented by building site plans approved by the Superintendent
and any other such permits, plans, specifications and information
as the Superintendent may require.
F.
Let-on lead service pipe prohibited. If a lead water service pipe
is discontinued, the water service shall not be let on until a new
general service application is submitted by the owner and the lead
water service pipe has been replaced with a new pipe of approved material
in accordance with this chapter.
A.
The Superintendent, with approval from the Mayor, shall have the
authority to declare a public emergency due to inadequate water supplies.
The Superintendent, with the approval of the Mayor, shall have the
authority to impose a partial ban or total ban on outside water use
which is deemed unnecessary. The announcement in the media and other
means as determined by the Superintendent and the Mayor shall include
a listing of prohibited activities. A total ban shall be approved
by the MADEP. Any person, firm or corporation violating any provisions
of this chapter shall be subject to the following penalties:
B.
A separate offense shall be deemed committed on each day on which
a violation occurs or continues. Violations beyond the fourth day
will receive a fine of $150 per day plus any court costs. If a water
emergency ban on outdoor use is terminated and another emergency declared
later the same year, the first offense during the new emergency will
be a warning.
C.
The Police Department shall be the enforcing authority.
D.
The Mayor shall designate the appeals officer and collector of violations
of the water emergency and any other details.
All costs and expenses incident to submission of a general service
application and work authorized pursuant to such application, including
but not limited to, design, construction, connection and inspection
of water service pipes, shall be borne by the owner.
Violations of this article are subject to the imposition of fines and penalties as provided in Article 8.0 of this chapter.
