It is recognized that a water utility must employ
standards and a system of practices to serve the public in an orderly
and effective manner. The supplying of water to a populace from a
common pipe system is a communal function. The water utility and the
individual consumer are involved in business transactions and other
obligations which mutually affect not only the individual and the
utility but also all others in a community.
The purpose of this chapter is two-fold: first,
to define the authority and responsibility of all Department personnel
in their relations with the consuming public; and second, to provide
the consuming public with a written statement of conditions under
which water service will be furnished and continued by the Department.
The following regulations set forth in this
chapter shall be considered as part of the contract of the Water Department
by and on behalf of the Town of Union and binding upon every person
who takes water supplied by the Department.
The regulations set forth in this chapter may
be amended, revised or repealed from time to time by the Town Board
of the Town of Union.
As used in this chapter, the following words,
terms and phrases shall have the meanings ascribed to them in this
section:
The owner of property or his agent applying for water service.
Provision of water to premises where the customer is engaged
in trade.
The owner of real property receiving water service from the
Department.
The date upon which a bill or notice is mailed or delivered
personally to the customer.
The Water Department of the Town of Union.
Provision of water for household residential purposes, including
water for sprinkling lawns, gardens and shrubbery, watering livestock,
washing vehicles and other similar and customary purposes.
Provision of water to premises for automatic fire protection.
Provision of water in unmeasured quantities.
Provision of water to a customer for use in manufacturing
or processing activities.
Provision of water for agricultural, floricultural or horticultural
use.
Distribution and transmission pipelines located in streets,
highways or public ways which are used to serve the general public.
Extension of distribution pipelines, exclusive of service
connections, beyond existing facilities.
Provision of water in measured quantities.
Provision of water to a municipality or other public body.
The integral property or area, including improvements thereon,
to which water service is or will be provided.
That area in which service is or will be furnished, as prescribed
and approved by the Water Resources Commission, Conservation Department,
State of New York, in a decision dated May 15, 1934, as the same may
have been or may be amended from time to time. The sale of water by
the Town to purchasers outside thereof is carried on under provisions
of the Town Law.
The pipe, valves and other facilities by means of which water
is conducted from distribution mains to the curb stop or curb shutoff
valve.
The entire body of effective rates, rentals, charges and
regulations.
A service for circuses, bazaars, fairs, construction work,
irrigation of vacant property and similar uses where, because of their
nature, consumption or use will not be regular or permanent.
A.
Supply. The Department will exercise reasonable diligence
and care to deliver a continuous and sufficient supply of water to
a customer at a proper pressure and to avoid any shortage or interruption
in delivery. The Department has, however, the right to limit the amount
of water furnished.
B.
Quality. The Department will endeavor to furnish safe
and potable water for human consumption at all times.
All services installed by the utility shall
be classified as follows:
The types of service available from the Department
are:
A.
Form. All applications for the use of water must be
made in writing on forms provided by the Department.
B.
Acceptance to constitute contract. Upon acceptance
by the Department, the application shall constitute a contract between
the Department and the applicant, obligating the applicant to pay
the Department its established rates and to comply with its rules
and regulations.
C.
Existing main prerequisite to acceptance. Applications
will be accepted subject to there being an existing main in a street
or right-of-way abutting on the premises to be served, but acceptance
shall in no way obligate the Department to extend its mains to serve
the premises, except as hereinafter provided.
D.
Separate application required for each premises. A
separate application must be made for each premises. The word "premises"
as used herein shall be defined as follows:
(1)
A building under one roof owned or leased by one customer
and occupied as one residence or one place of business.
(2)
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.
(3)
Each unit of a multiple house or building separated
by a solid vertical partition wall, occupied by one family, or one
firm, as a residence or place of business.
(4)
A building owned 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.
(5)
A building one 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.
(6)
Garden apartments owned by one individual or firm
and located in one common enclosure.
Where service is desired for a multiple dwelling,
commercial or industrial use, a detailed plumbing plan showing service
supply, fixtures and equipment and any other water use facilities
must be submitted at the time of application.
The application is merely a written request
for service and does not bind the applicant to take service for any
particular length of time, nor does it bind the Department to give
service except under reasonable conditions.
A.
Notice to Department. Customers making any material
change in the size, character or extent of the equipment or operation
utilizing water service, or whose change in operation results in a
large increase or decrease in the use of water, shall immediately
give the Department written notice of the nature of the change and,
if necessary, amend the application.
B.
Cost. The owner will be responsible for the cost of
any change of installations brought about by such change in demand.
A.
Conditions under which granted. Contracts, other than
or in addition to applications, may be required prior to service under
the following conditions:
B.
Change and modifications. Each contract for water
service will contain the following provision: "This contract shall
at all times be subject to such changes or modifications by the Department
as said Department may from time to time direct in the exercise of
its jurisdiction."
C.
Application of deposit to costs. Upon completion of
such work or service, the actual costs will be billed and the deposit
shall be applied to such cost. Any surplus will be returned to the
customer, and any deficiency the customer shall pay.
The customer shall, at his own risk and expense,
furnish, install and keep in good and safe condition all equipment
that may be required for receiving, controlling, applying and utilizing
water, and the Department shall not be responsible for any loss or
damage caused by the improper installation of any such water equipment
or the negligence, want of care or wrongful act of the customer or
any of his tenants, agents, employees, contractors, licensees or permittees
in installing, maintaining, using, operating or interfering with such
equipment. The Department shall not be responsible for damage to property
caused by spigots, faucets, valves and other equipment that are open
when water is turned on originally or when the water is turned on
after a temporary shutdown.
The customer shall be liable for any damage
to a meter or other equipment or property owned or maintained by the
Department which is caused by an act of the customer or his tenants,
agents, employees, contractors, licensees or permittees, including
the breaking or destruction of locks by the customer or others on
or near a meter or any damage to a meter that may result from hot
water or steam from a boiler or heater or frozen meter on the customer's
premises. The Department shall promptly be reimbursed by the customer
for any such damage within five days after receipt of the bill.
The Department or its duly authorized agents
shall at all reasonable times have the right to enter on the customer's
premises for any purpose properly connected with the service of water
to the customer.
The Department shall not be liable for damage
resulting from an interruption in service. Temporary shutdowns may
be resorted to by the Department for improvements and repairs. Whenever
possible and as time permits, all customers affected will be notified
prior to such shutdowns. Where possible, repairs or improvements shall
be prosecuted rapidly and at such times as will cause the least inconvenience
to customers.
Notices from the Department to a customer will
normally be given in writing and either delivered to him or mailed
to him at his last known address. Where conditions warrant and in
emergencies, the Department may resort to notification either by telephone
or messenger.
Notice from the customer to the Department may
be given by him or his authorized representative orally or in writing.
Resale of water is not permitted.
A.
Required. Where working pressure at the water main
adjacent to a property exceeds 90 pounds per square inch, it is recommended
and required that the customer install and maintain a suitable pressure-reducing
valve.
B.
Location of valve. Such valve shall be located on
the inlet side of the first valve or control point within the premises.
C.
Size and type of valve. The pressure-reducing valve
is to be suitable in size and type for the service required and installed
with proper controls to facilitate maintenance.
There shall be no physical connection between the public potable water system and any other system without a written permit from the Department. Any connection must meet the requirements of Chapter 5 of the New York State Health Department Sanitary Code.
A.
Responsibility for attachments. All ground-wire attachments
to any plumbing which is or may be connected to a service connection
or main belonging to or maintained by the Department shall be the
sole responsibility of the owner or consumer of water service.
B.
Liability for damage. The consumer shall be liable
for any damage to Water Department property occasioned by such ground-wire
attachments, and the presence of such attachments shall not be deemed
a waiver of any of the rights of the Water Department.
A.
Use of and damage to hydrants. No person or persons,
other than those designated and authorized by the Department, shall
open any fire hydrant, attempt to draw water from it or in any manner
damage or tamper with it. No person shall place any obstruction that
would prevent free access to any fire hydrant. Any violation of this
regulation will be prosecuted according to law.
B.
Cost for changes. If a property owner desires a change
in the size, type or location of a hydrant, such property owner shall
bear all costs concerning such changes.
