[HISTORY: Adopted by the Board of Trustees of the Village
of Clyde 7-14-2022 by L.L. No. 1-2022.[1] Amendments noted where applicable.]
A.
The purpose of this article is to safeguard the Village of Clyde
water system by preventing backflow into public water systems.
B.
10 NYCRR 5-1.31 et seq. requires that, among other things, when a
supplier of water instructs the user of a public water supply to protect
his water service connection by the installation of a protective device,
plans for the installation of the protective device must be submitted
to the supplier of water and to the state for approval.
C.
It is the intent of this article to recognize that there are varying
degrees of hazard, and the degree of protection should be commensurate
with the degree of hazard.
As used in this article, the following terms shall have the
meanings indicated:
A physical break between a supply pipe and a receiving vessel.
The air gap shall be at least double the diameter of the supply pipe,
measured vertically above the top rim of the vessel, in no case less
than one inch.
A check valve that seats readily and completely. It must
be carefully machined to have free-moving parts and assured water
tightness. The face of the closure element and valve seat must be
bronze composition, or other noncorrodible material which will seat
tightly under all prevailing conditions of field use. Pins and bushing
shall be of 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 the feature is obtainable.
An assembly of at least two independently acting check valves,
including tightly closing shutoff valves on each side of the check
valve assembly, and suitable leak-detector drains plus connections
available for testing for water tightness of each check valve. This
device must be approved as a complete assembly.
The term "approved reduced pressure principle backflow prevention
device" means a device incorporating two or more check valves and
an automatically operating differential relief valve located between
the two check, two shutoff valves, and equipped with necessary appurtenances
of testing. The device 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 check valves
shall be less than the supply pressure. In case 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
to other than sanitary sewer, 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 also 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 public water supply.
A loop of pipe rising approximately 35 feet, at its topmost
point, above the highest fixture it supplies.
A person who is examined by the water purveyor and found
competent for the testing of backflow prevention devices. He/she shall
be provided with an appropriate identification card. Failure to perform
his/her duties competently and conscientiously will result in prompt
withdrawal of his/her certification.
Any unprotected connection between any part of a water system
used or intended to supply water for drinking purposes and any source
of system containing water or substance that is not or cannot be approved
as equally safe, wholesome, and potable for human consumption.
A vacuum breaker which is designed so as not to be subjected
to static line pressure.
A vacuum breaker designed to operate under conditions of
static line pressure.
The consumer or a 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-connection and other sanitary defects,
as required by regulations and laws.
A.
Where protection is required.
(1)
Each service connection from a public water system for supplying
water to premises having an auxiliary water supply shall be protected
against backflow of water from the premises into the public water
system, unless the 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.
(2)
Each service connection from a public water system for supplying
water to premises on which any substance is handled under pressure
in such fashion as to permit entry into the water system shall be
protected against backflow of water from the premises into the public
waters and waters originating from the public water supply system
which may have been subject to deterioration in sanitary or chemical
quality.
(3)
Each service connection from a public water system for supplying
water to premises on which a substance of unusually toxic concentration
or danger to health is handled in liquid form, even though it is not
under pressure, shall be protected against backflow of the water from
premises into the public system. Examples are plating factories, using
cyanide and hospitals. This is not intended to apply to normal household
installations.
(4)
Backflow prevention devices shall be installed on the service connection
to any premises that have internal cross-connections unless such cross-connections
are abated to the satisfaction of the water purveyor.
(5)
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 State Health Department.
B.
Type of protection. The protective device required shall depend on
the degree of hazard as tabulated below:
(1)
At the service connection to any premises where 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.
(2)
At the service connection on the 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.
(3)
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.
(4)
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
meters and receiving tanks shall be entirely visible.
(5)
At the service connection to any premises on which any material dangerous
to health, or 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 meters
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,
providing the alternative is acceptable to the water purveyor.
(6)
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.
C.
Frequency of inspection of protective devices.
(1)
It shall be the duty of the water user, on any premises on account
of which backflow protective 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. These devices
shall be repaired, overhauled or replaced at the expense of the water
user whenever they are found to be defective. These tests shall be
performed by a qualified backflow prevention test and shall be performed
by a qualified backflow prevention device tester, and all test results
shall be provided to the water purveyor within 72 hours after the
test is made.
(2)
Records of such tests, repairs, and overhaul shall also be kept and
made available to the water purveyor and the local health department
upon request.
A.
Separate drinking water systems. Whenever the plumbing inspector
determines that it is not practical to protect drinking water systems
on 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.
B.
Fire systems.
(1)
Water system for fighting fire, 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 cases where the domestic water system is used for both drinking
and firefighting purposes, approved backflow prevention devices shall
be installed to protect such individual drinking water lines as are
not used for firefighting purposes. Any auxiliary firefighting 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 that it is the responsibility of the
person or persons causing the introduction of said unapproved or unsafe
water into the pipelines to: 1) see that a procedure be developed
and carried out to notify and protect users of this piping system
during the emergency; and 2) flush out all pipelines which may become
contaminated before they are again used to furnish drinking water.
In the event the means of protection of water consumers is by disinfection
of the auxiliary firefighting supply, the installation and its use
shall be thoroughly reliable.
C.
Process waters.
(1)
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 provided on the feed line to process
piping or equipment.
(2)
In the event the particular process liquid is especially corrosive
or apt to prevent reliable action for the backflow prevention device,
air-gap separation shall be provided. These devices shall be tested
by the water user at least once a year or more often in those instances
where successive inspections indicated repeated failure. The devices
shall be repaired, overhauled or replaced whenever they are found
to be defective. These tests must be performed by a qualified backflow
prevention device tester, and records of tests, repairs and replacement
shall be kept and made available to the water purveyor and the Health
Department upon request.
D.
Sewage treatment plants and pumping stations. Sewage pumps shall
not have priming connections directly off 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.
E.
Plumbing connections.
(1)
Where the circumstances are such that there is special danger to
health by the backflow of sewage, as from sewers, toilets, hospital
bedpans and the like, into a drinking water system, a dependable device
or devices shall be installed to prevent such backflow.
(2)
The purpose of these regulations is not to transcend local plumbing
regulations but only to deal with those extraordinary situations where
sewage may be forced or drawn into the drinking water piping. This
article does not attempt to eliminate at this time the hazards of
back siphonage through flush meter valves on any toilet but deals
with those situations where the likelihood of vacuum conditions in
the drinking water system is definite and there is special danger
to health. Devices suited to the purpose of avoiding 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 breaker and other backflow protective devices
which have been proved by appropriate tests to be dependable for destroying
the vacuum.
(3)
Inasmuch as many of serious hazards of this kind are due to water
supply piping which is too small, thereby causing vacuum conditions
when fixtures are flushed or water is drawn from the system in other
ways, it is recommended that water supply piping that is too small
be enlarged whenever possible.
F.
Pier and dock hydrants. Backflow protection by a suitable backflow
prevention device shall be provided on each drinking water pier head
outlet used for supplying vessels at piers or waterfronts. These assemblies
must be located where they will prevent the return of any water from
the vessel into the drinking water pipeline or into another adjacent
vessel. This will prevent such practices as connecting the ship fire-pumping
or sanitary pumping system with a dock hydrant and thereby pumping
contaminated water into the drinking water system, and thence to adjacent
vessels or back into the public mains.
G.
Marking safe and unsafe water lines.
(1)
Where the premises contain dual or multiple water systems and piping,
the exposed portion 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 that fact.
(2)
Water supervisor. 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. This water supervisor shall
be responsible for the installation and use of pipelines and equipment
and for the avoidance of cross-connections.
(3)
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 overcome the contamination.
A.
No water service connection to any premises shall be installed or
maintained by the water purveyor unless the water supply is protected
as required by state regulations and this article.
B.
Service or water to any premises may be discontinued by the water
purveyor if a backflow preventive device required by this article
or state regulation is not installed, tested, and maintained or if
any defect is found in an installed backflow preventive device, or
if it is found that a backflow preventive device has been removed
or bypassed or if unprotected cross-connections exist on the premises
or there is any other violation of the standards set forth in 10 NYCRR
5-1.31 et seq. Service will not be restored until such conditions
or defects are corrected to the satisfaction of the Village of Clyde.
The following notice shall be sent to the owner of record according
to the records of the Village of Clyde, and such notice shall also
be sent to any tenant or occupant by first-class mail:
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Village of Clyde Water Shutoff Notice
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You have failed to comply with 10 NYCRR 5-1.31 et seq. and have,
therefore, violated Local Law § _____, of the Village of
Clyde. It is the responsibility of the Village of Clyde to comply
with certain provisions of the New York State Sanitary Code and protect
the Village water supply. You have 10 days from the date of this notice
to comply, to wit: __________ In the event you do not comply, your
water service at __________ shall be terminated until satisfactory
proof is furnished regarding such compliance and you may be subject
to a fine as provided by Local Law § _____ of the Village
of Clyde. Such water termination shall not be scheduled until after
the next regularly scheduled monthly Board Meeting of the Village
Board of the Village of Clyde. That said shutoff notice shall be mailed
by first-class mail to the owner and to any tenants.
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Grievance Procedure
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Please take notice that you may contest this action of the Village
of Clyde by contacting the Village Municipal Building, Clyde, New
York, and the Water Clerk. If the matter of the water turnoff cannot
be resolved the Water Clerk, you may also contest the turnoff by meeting
with the Village Board at any regularly scheduled Board meeting. Information
regarding the time of such Board meetings will be made available by
the Village Clerk. Request to be made at least 24 hours before scheduled
Board meeting. You may also present any evidence on your behalf at
said meeting. This notice is not intended to exclusively list any
and all rights that you may have at law or at equity.
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All applications must be accompanied by plans, specifications
and an engineer's report describing the project in detail. The
application must be signed by a NYS registered professional engineer.
The project must first be submitted to the water supplier, who will
forward it to the Village Engineer. This form must be prepared in
quadruplicate with four copies of all plans, specifications and descriptive
literature.
The following is an example list of facilities that are especially
likely to have cross-connection hazards. The list is not intended
to be all inclusive.
A.
Automotive plants.
B.
Auxiliary water systems such as wells.
C.
Beverage bottling plants.
D.
Breweries.
E.
Food processing plants.
F.
Chemical plants and plating facilities.
G.
Film laboratories.
H.
Hospitals, medical buildings, sanitariums, morgues and mortuaries.
I.
Irrigation systems.
J.
Laundries and dye works.
K.
Meat packing plants.
L.
Metal manufacturing, cleaning and fabricating plants.
M.
Radioactive materials production or research plants.
N.
Restricted, classified or other facilities closed to the public.
O.
Sewage.
P.
Buildings heated by boilers where treatment chemicals are used.
Q.
Buildings with certain types of air-conditioning systems.
R.
Swimming pools.
S.
Printing operations.
T.
Furniture stripping.
U.
Lawn care services.
As used in this article, the following terms shall have the
meanings indicated:
Any person making a request, in writing, for any service
to be rendered by the Village of Clyde.
Any person owning or having an interest in a plot or tract
of land who applies for a supply of water to such premises which are
intended to be sold, conveyed or leased by said person to an owner.
The person legally or equitably responsible for the payment
of charges for water or other facilities and services furnished by
the Village of Clyde.
The person actually in possession or control of any premises
or part thereof who is a consumer.
The person who has legal or equitable title to any premises.
Billed and shall be responsible for such regardless of who
resides on said premises.
A property or location, whether or not occupied by a structure,
and shall include the entire front footage thereof abutting on a street
whereat the service of water is requested or furnished for any part
thereof;
A building under one roof owned or leased by one customer, and
occupied as one residence or one place of business;
A combination of buildings owned or leased by one customer,
in one common enclosure, occupied by one family, or one corporation
or firm, as a residence or place of business;
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;
A building owned or leased 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;
A building two or more stories high under one roof, owned or
leased by one customer having an individual entrance for the ground
floor occupants and one for the occupants of the upper floors;
Garden apartments owned by one individual or firm and located
in one common enclosure;
A motor trailer court owned by one individual or firm and located
in one common enclosure.
The facilities and equipment used to supply water to any
premises and which are installed within the limits of the street between
the main and the curb box shutoff of the premises to be served.
The Board of Commissioners, which represent the Village of
Clyde, owner of the municipal water supply system.
Application for supply of water is to be made by making application
to the Water Department Clerk at least 20 days prior to installation
date.
B.
These fees cover installation from the main to the curb box.
C.
Any installation of new services to high density polyethylene (HDPE)
or plastic Village of Clyde water mains shall be installed by a Village-approved
contractor, using approved methods of fusion to the main. All costs
associated with the new service connection will be covered by the
applicant.
D.
When required, a backflow preventer, as required by Part 5-1.31 of
the New York State Sanitary Code, will be installed and maintained
by the owner.
E.
The owner shall take other necessary steps required to the satisfaction
of the Village for installing the meter.
F.
The owner will contact the Village of Clyde to install meter.
The rules, regulations, rates, charges, and fees herein prescribed
or referred to shall be applicable to the supply of water and the
furnishing of services and facilities within or outside the Village
of Clyde.
A.
The customer shall furnish and install pipe from the curb box with
a check valve as directed by the Water Department. Water pipe to be
installed at a depth approved by the Water Department and maintained
in a satisfactory condition. All installations and all boilers shall
be fitted with suitable check valves to prevent accident or damage
in case the water supply should fail or it is necessary to shut off
the water.
B.
Only authorized Water Department employees shall turn the water on
to any premises, and they shall at all reasonable hours have access
to inspect the water system and read water meters. Unauthorized use
of the shutoff will be assessed a fine of $500; any additional unauthorized
use will result in a charge of "theft of services."
C.
Leaks and other problems with water lines beyond the curb box are
the responsibility of the property owner. Any and all leaks are to
be repaired within 48 hours. If not fixed within 48 hours or plans
made to repair, water is to be turned off, by the Village of Clyde,
depending on the severity of the problems upon approval by the Village
of Clyde DPW Superintendent. Any water loss from the curb box will
be estimated and billed to the customer.
D.
Service connections shall have a separation of at least 10 feet from
sewer laterals when laid parallel to sewers, or a minimum of 18 inches
vertically when a crossing occurs, in compliance with NYS Department
of Health requirements.
E.
Application of builders, contractors, real estate developers and
others for temporary water service will be accepted, and temporary
water service will be supplied, providing it does not interfere with
use of water for general purposes. The quantity of water taken for
such purposes shall be determined either by meter or by estimate,
and shall be paid for in accordance with the rate schedule applicable
to metered general purposes. Customers requesting temporary water
service shall be responsible for paying a nonrefundable fee, as set
by resolution of the Village Board of Trustees,[1] to be paid prior to furnishing of temporary service.
[1]
Editor's Note: Current fees are on file in the Village
office.
F.
Any installation of new services to high density polyethylene (HDPE)
or plastic Village of Clyde water mains shall be installed by a Village-approved
contractor, using approved methods of fusion to the main. All costs
associated with the new service connection will be covered by the
applicant.
A.
Water meters less than two inches and smaller are furnished by the
Village of Clyde Water Department and are to be maintained by authorized
Village personnel.
B.
A charge, as set by resolution of the Village Board of Trustees,[1] will be made for damage to the meter or frost plate by
freezing or otherwise except from normal wear. Faulty Village-owned
meters will be replaced or repaired by the Village of Clyde Water
Department.
[1]
Editor's Note: Current fees are on file in the Village
office.
C.
Tampering with the water meter is a violation, and the violator will
be prosecuted to the fullest extent of the law. A fee will be assessed
for tampering with a meter, as set by resolution of the Village Board
of Trustees.
D.
Pit meters. When it is necessary to install a meter in a pit, the
property owner is responsible for installation and maintenance of
a suitable pit with cover. The pit is to be kept clean and clear of
debris at all times.
E.
Curb box.
(1)
The curb box is to be kept clean and clear from debris at all times.
(2)
Damage to the curb box caused by the property owner will be assessed
a fee as set by resolution of the Village Board of Trustees. Such
damage can be caused by parking vehicles, dumpsters, trailers or any
large items or vehicles.
(3)
Any damage to the curb box cover is to be reported to the Village
of Clyde. Damage to the cover caused by the property owner will be
assessed a fee as set by resolution of the Village Board of Trustees.
Such damage can be caused by lawnmowers and snowplows.
F.
Shutoff valve.
(1)
The shutoff valve is located under the curb box. If the curb box
is not kept clean and clear from debris, the shutoff valve may not
be accessible. In an emergency situation, if the Village of Clyde
is unable to access the shutoff valve and finds it necessary to excavate
to access the valve, additional fees may apply if it is determined
that property owner was at fault.
(2)
Damage to the shutoff valve due to unauthorized use will be at the
cost of the property owner.
G.
At his own expense, the owner shall install and maintain the service
pipe from the curb box to the premises with a proper shutoff valve
installed on each side of the meter. Installation and maintenance
must be to the satisfaction of the Village.
A.
An individual meter shall be required for each premises and for each
separate service connection to a premises.
B.
The meter (less than two inches and smaller) will be furnished and
connected by the Village of Clyde as part of the service connection.
The Village of Clyde reserves the right, in all cases, to stipulate
the size, type, and make of the meter to be used on any connection.
C.
Meters will be in installed horizontally.
D.
Whenever possible, a meter one inch in size and under shall be set
in the basement or utility room. The meter shall be located at a convenient
point approved by the Village of Clyde so as to protect the meter
and to measure the entire supply of water through the connection.
When a meter cannot be set in the basement or utility room, it will
be set near and inside the property line or in a place designated
by the Village of Clyde, and all expenses incurred by the Village
of Clyde in connection with its proper housing shall be reimbursed
to the Village of Clyde. All meters shall be placed in locations readily
accessible to Village of Clyde meter readers.
E.
All meters two inches or larger shall have a bypass for testing.
F.
In all cases, irrespective of meter size, where the distance from
the property line to the front wall of the building is greater than
75 feet, the Village of Clyde may require that the meter be set near
and inside the property line.
G.
All meters and meter connections shall at all times remain the sole
property of the Village of Clyde and shall not be interfered with
in any respect. All meters will be maintained by and at the expense
of the Village of Clyde so far as ordinary wear and tear are concerned,
but the customer will be held responsible for damages due to freezing,
hot water, or other external causes. In case of damage, the Village
of Clyde will repair the meter, if necessary, replacing it with another
meter, and the costs shall be paid by the customer. The Village of
Clyde recommends the customer install, at his own expense, suitable
equipment, properly located to prevent backflow of hot water which
may cause damage to the meter or other damage to the customer's
plumbing.
H.
The Village of Clyde reserves the right to remove and test at any
time and to substitute another meter in its place. In case of a disputed
account involving the accuracy of the meter, such meter will be tested
by the Village of Clyde upon request of the customer. The fee for
testing such meters will be as set by resolution of the Village Board
of Trustees.[1] In the event that the meter so tested is found to have
an error in registration to the prejudice of the customer in excess
of 4% at any rate of flow within the normal test-flow limits, the
fee for testing will be waived, and prior water bills will be adjusted
to correct such over registration.
[1]
Editor's Note: Current fees are on file in the Village
office.
I.
Meters two inches and larger in size shall be tested in place at
frequent intervals (cost to be paid by the customer).
J.
It shall be the obligation of the customer to maintain and, when
necessary, repair outside settings and meter pits on private property.
K.
The Village of Clyde shall not be liable for damages to any premises
caused by flooding in connection with the testing or removal of any
meter.
A.
Main extension agreements. Upon application for water service in
areas not served by a Village of Clyde-owned or -leased water main,
the Village of Clyde will extend its mains or install necessary mains
or permit a builder, contractor, or real estate developer to extend
or install such mains, at the expense of the applicant, in accordance
with the terms of a main extension agreement.
B.
Installation by developer. If the builder, contractor, or real estate
developer shall extend or install mains, he/she shall provide his
own materials at his sole expense. The Village of Clyde shall specify
certain valves, hydrants, and other materials to be purchased from
the Village of Clyde. All materials used shall be of a type and quality
and conform to specifications approved by the Village of Clyde. All
work of such builder, contractor, or real estate developer shall be
subject to Village of Clyde inspection and approval. All installations
by a builder, contractor, or real estate developer shall be completed
in conformity with plans and specifications prepared by the Village
of Clyde, or if not prepared by the Village of Clyde, approved by
the Village of Clyde. The builder, contractor, or real estate developer
will pay the charges for engineering and inspection currently charged
by the Village of Clyde.
C.
Easements. Applicants for main extensions shall deliver without cost
to the Village of Clyde permanent easements or rights-of-way when
necessary for the installation and maintenance of the extensions or
subsequent additions thereto. The Village of Clyde shall not be obligated
to commence any construction or permit the applicant to commence construction,
or provide water service if construction has been completed, until
the applicant either has obtained for the Village of Clyde satisfactory
easements or rights-of-way or has agreed to pay such costs as may
be incurred if at the applicant's request the Village of Clyde
obtains such rights-of-way whenever the Village of Clyde deems such
easements or rights-of-way to be necessary.
D.
Size and type. The Village of Clyde reserves the right to determine
and specify the diameter and type of pipe required to adequately provide
the service requested, and, subject to the requirements of municipal
authorities, its location within or without the limits of a street.
The Village of Clyde further reserves the right to determine the minimum
size of any service main. The Village of Clyde further reserves the
right to install a main larger in diameter than the main required
to render the service requested by the applicant, in which case the
Village of Clyde will pay the difference in cost. The Village of Clyde
will install all mains where it is assuming part of the cost.
E.
Title. Title to all main extensions by whomever installed, including,
without limitation, service connections between main and curb boxes,
shall be vested in the Village of Clyde, and the Village of Clyde
shall have the right to further extend any main installed pursuant
to the terms of the main extension agreement in and to other streets
or premises without repayment or refund to any applicant. However,
the Village of Clyde reserves the right to consider extensions made
at the applicant's expense and without written agreement as service
lines. Upon such lines the Village of Clyde will set a meter at the
beginning of the extension to measure all water used, and title to
the line beyond the meter will be vested in the customer, who will
be responsible for maintenance and replacement when necessary.
F.
Delay. The Village of Clyde shall not be compelled to proceed with
the installation of mains under this section when circumstances beyond
the control of the Village of Clyde prohibit such construction. Such
circumstances include, but shall not be limited to, delays in delivery
of materials, weather conditions, strikes, acts of God, etc.
G.
Maintenance and replacement. The Village of Clyde, at its own expense,
will maintain and, when necessary, replace the Village of Clyde-owned
or -leased mains used to supply water to its customers, and, if adequate
service requires the reconstruction or replacement of such mains,
said mains will be reconstructed or replaced by the Village of Clyde
at its expense.
A.
Opening of a hydrant is prohibited by anyone other than authorized
Village employees or the Galen-Clyde Fire District personnel. The
violator will be prosecuted to the fullest extent of the law.
B.
Proper fire officials shall notify the Water Department within 24
hours after the use of a Village of Clyde hydrant for public fire
protection in order that the Village of Clyde may inspect the hydrant
and determine whether it has been returned to its proper operating
condition. Similar reports shall be made of any unauthorized hydrant
use observed.
C.
A completed written report is to be made by the Fire Chief each time
Village water is used by the Galen-Clyde Fire District for any and
all purposes, and reports are to be filed at the end of each month
with the Clerk of the Water Department on specific forms provided
for such.
D.
No hydrant shall be used for any purpose other than the extinguishing
of fires, periodic tests of the fire protection system, or periodic
drills by legally constituted fire companies. The Village of Clyde
shall be notified in advance of the time of all tests and drills so
that, if desired, the Village of Clyde may have a representative present.
Such notification may be given in writing or by telephone to the principal
office and place of business of the Village of Clyde.
E.
If a hydrant is installed for the purpose of private fire protection
service on the owner's or occupant's property, the cost
of installation of such hydrant shall be borne by the owner or occupant.
The Village of Clyde reserves the right to approve the type of hydrant
and the manner of installation before service is provided. Private
fire protection service shall be provided only by written agreement
between the Village of Clyde and the applicant therefor, which agreement
shall contain the following express conditions:
(1)
The connection is to be used for fire purposes only and is to have
no connection whatsoever with any taps that may be used for other
than fire purposes and, because of the danger of pollution, shall
have no connection with any source of supply not approved by the Department
of Health of the State of New York.
(2)
The applicant specifically agrees not to draw any water whatsoever
through said connection for any purposes except the extinguishing
of fires or in a periodic test of the fire protection system.
(4)
The applicant agrees to notify the Village of Clyde at the time of
all tests, so that, if desired, the Village of Clyde may have a representative
present. Such notification, however, need not be formal or written
but may be given by telephone to the principle office of the Village
of Clyde.
(5)
Any authorized representative of the Village of Clyde shall have
free access to the premises of the applicant at any reasonable time
for the purpose of inspecting said connection.
A.
The Village of Clyde undertakes to use reasonable care and diligence
to provide a constant supply of water at a reasonable pressure to
customers but reserves the right at any time, without notice, to shut
the water off for the purpose of making repairs or extensions, or
for other purposes. It is expressly agreed that the Village of Clyde
and its agents or employees shall not be liable for a deficiency or
failure in the supply of water, or the pressure thereof for any cause
whatsoever, or for any damage caused thereby, or for the bursting
or breaking of any main or service pipe or any attachment to the Village
of Clyde property.
B.
In the interest of public health, the Village of Clyde will not permit
its mains or services to be connected with any service pipe or piping
which is connected with any source of water supply not approved by
the Department of Health of the State of New York.
C.
The Village of Clyde, without consent, will not permit its mains
or service pipes to be connected in any way to any piping, tank, vat
or other apparatus which contains liquids, chemicals, or any other
matter which might flow back into the service pipe and consequently
endanger the water supply.
D.
The Village of Clyde reserves the right, in periods of drought or
emergency or when deemed essential to the protection of the public
health, safety and welfare, to restrict, curtail or prohibit the use
of water for secondary purposes, such as sprinkling, car washing or
filling swimming pools, and shall have the right to fix the hours
and period when water may be used for such purposes.
B.
Accounts are payable on or before the 20th day of the billing period.
A 10% penalty is charged after the due date. Bills are payable at
the Village office during normal working hours.
C.
Charges will be made for all water passing through a meter, whether
used or wasted, and no deductions will be made for leaks, except upon
the discretion of the Village Board upon application by the owner.
D.
When transfers of service arise from change of ownership, upon request,
a final reading will be taken and seller billed for service rendered
since last billing period, at which time the account will be transferred
to new owner.
E.
In cases where a reading cannot be obtained, an estimated bill will
be rendered to the customer, the estimated bill to be based on previous
average quarterly consumption. No more than two consecutive estimates
may be billed before an actual reading is obtained. If an actual (inside)
reading cannot be obtained within seven days, the water service will
be shut off. Turn-on and turnoff fees apply.
F.
The fee for nonpayment (effective 9-1-1998 billing). Any Village
resident not paying his water bill on or before the due date shown
on the remittance stub will be charged a nonpayment fee, as set by
resolution of the Village Board of Trustees; said sum shall be added
to the Village resident's next quarterly water bill and shall
be in all respects treated as part of the water bill. If any separate
provision of this regulation is held invalid, the balance of said
provision should remain in full force and effect.
H.
The Village Board shall hereby be empowered to modify any water rate,
charge and/or fee by Board resolution.
A.
Water service shall be terminated for nonpayment or breach of any
of the above rules and regulations upon 10 days' written notification
by regular mail to the address of the owner of record as reflected
in the most current tax rolls of the Village, with shutoff notice
being mailed in the same manner 10 days after the due date. The Village
Board shall also have authority to terminate service for any other
infraction such as theft of services or any other problems that may
arise that may be detrimental to the Village water supply or which
may be a possible health hazard to the Village of Clyde.
B.
Restoration of service shall be made during regular working hours
only.
C.
Access to premises.
(1)
The Water Department, through its properly authorized agents, shall
have free access to the premises supplied for the purpose of ascertaining
the quantity of water used, the manner of its use, and also that the
meter or other apparatus or appliance belonging to the Water Department
is properly protected and in good condition. If such access is refused,
the Water Department may immediately discontinue the service.
(2)
It shall be the duty of all customers to see that meters on service
connections, wherever located, shall be readily accessible at all
reasonable times to the agents or inspectors of the Water Department.
Failure to remove any obstruction which prevents access to the meter
within three days after being notified by the Water Department will
be just cause to have the water shut off from the premises, and it
shall not be turned on again until all obstructions are removed and
all regulations complied with.
D.
Discontinuance of service. Water service may be discontinued by the
Village of Clyde for any one of the following reasons:
(1)
For use of water other than as represented in the customer's
application or through branch connections on the street side of the
meter or place reserved for the meter.
(2)
For willful waste of water by improper or imperfect pipes or by any
other means.
(3)
For molesting any service pipe, seal, meter, or any other appliance
owned by the Village of Clyde.
(4)
For nonpayment of bills for water or services rendered by the Village
of Clyde.
(5)
For cross-connecting pipes carrying water supply by the Village of
Clyde with any other source of supply or with any apparatus which
may endanger the quality of the Village of Clyde's water supply.
(6)
For refusal of reasonable access to the property for the purposes
of reading, repairing, testing, or removing meters or inspecting water
piping and other fixtures.
E.
Where two or more premises are now supplied with water through one
service pipe, under control of one curb stop, if any of the parties
so supplied shall violate any of the above rules, the Village of Clyde
reserves the right to apply its shutoff regulations to the joint service
line, except that such action shall not be taken until the innocent
customer, who is not in violation of the rules, has been given reasonable
opportunity to attach the service pipe leading to his premises to
a separately controlled service connection.
F.
When water service to any premises has been turned off upon the order
of the customer, or for any of the above reasons, and service at any
premises is again desired by the same customer, including seasonal
customers, a charge, as set by resolution of the Village Board of
Trustees, will be made for the restoration of service during regular
business hours, provided that the discontinuance of service has not
required the removal of the Village of Clyde's equipment from
the customer's premises and closing the curb stop or turning
off the water elsewhere does not involve any unusual expense. If,
however, it becomes necessary to shut off or disconnect the service
pipe at the main, the charge to the customer for restoration of service
will be the actual cost incurred by the Village of Clyde incidental
to the disconnection and reconnection of the service pipe.
G.
Any service unused for two years or more shall be deemed abandoned
and may be removed at the discretion of the Village of Clyde. A new
service would be required with all applicable fees.
A.
All unpaid accounts that are not paid on or before the date advertised
in the legal paper of that same calendar year will become a relevy
on the June Village taxes. The Village Board shall have the discretion
to direct Village employees to do any acts set forth above that are
the responsibility of the owner, including, but not limited to, reimbursement
by the owner to the Village for damaged equipment, and upon the owner's
failure to do so, said sum or sums shall be treated as an unpaid account.
B.
The Village Board shall have the right, when deemed essential to
the protection of the public health, safety and welfare, to restrict,
curtail or prohibit the use of water.
C.
These rules and regulations shall not be construed as an election
of remedies, and the Village of Clyde shall have the right to pursue
any and all other remedies at law or at equity, including, but not
limited to, obtaining a judgement against the owner of record for
any unpaid water charges or other charges, and the doctrine of severability
shall apply in the event that any portion of these rules and regulations
shall be held invalid by any court or law hereinafter enacted.
