[HISTORY: Adopted by the Town Board of the Town of Blooming Grove 10-1-2019 by L.L. No. 4-2019[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 230, Water, which consisted of Art. I, Water Service, adopted 12-8-1975 by L.L. No. 4-1975 as Ch. 45 of the 1975 Code, as amended; Art. II, Water Wells, adopted 2-14-1977 by L.L. No. 2-1977 (Ch. 123 of the 1975 Code), as amended; Art. III, Emergency Response Costs, adopted 10-23-1989 by L.L. No. 3-1989 (Ch. 75 of the 1975 Code); and Art. IV, Wellhead Protection Area, adopted 7-25-2017 by L.L. No. 5-2017.
A. 
The Town Board ("Board") is authorized to and shall enact rules, regulations, water rates, fees and penalties, within each of the respective Town water districts, subject to the provisions of the state Town Law and other applicable statutes. The Board may appoint a person or persons as necessary to supervise said districts, issue required permits, read meters, render bills, keep operation and maintenance records, prepare budgets and perform any other work necessary to the proper functioning of said districts.
B. 
The requirements and regulations set forth in this chapter are intended to promote the interest of public safety, health, comfort and general welfare. If a water service customer or the owner of property served by a Town water district fails to make any improvement, perform any work or do any act required by this chapter, the Board shall have the authority to cause such improvement, work or act to be done on such property, by contract or otherwise, and the cost of such improvement, work or act may be assessed, levied and collected in the same manner as real property taxes.
C. 
The Town of Blooming Grove further finds that its water supply is at risk from certain land uses and has therefore determined that special protection of the Town's water supply is necessary to preserve its purity and quality. The purpose of these regulations is to protect groundwater resources that supply both public water supplies and for private wells. The Town of Blooming Grove hereby establishes these regulations that shall apply to any well herein regulated in order to protect the health, safety, and general welfare of the community by preventing groundwater contamination of water supply systems.
D. 
The Town Board of the Town of Blooming Grove further finds that outages of water service in privately owned water companies and the failure of such companies to provide adequate water supplies or services and/or adequate emergency services present an imminent threat and danger to the public health, safety and welfare requiring the Town to exercise its emergency powers pursuant to law.
A. 
Permit required. No person or corporation shall use water supplied by a Town water district for any purpose without having first obtained a permit upon written application to the Town. Upon acceptance of the permit, such application shall constitute a contract between the district and the applicant obligating the applicant to pay to the districts the established rates and charges and to comply with all rules and regulations.
B. 
Statement of uses. Such application shall contain a statement of all uses for which water is desired and a use of water for any purpose other than stated in the application shall be sufficient cause to justify discontinuance of water service.
C. 
Subject to availability of service. An application may be accepted subject to there being an existing main in a street or right-of-way abutting the premises to be served, but acceptance of such agreement shall in no way obligate the Town water district to extend its mains to service the premises.
D. 
Temporary water service. An application for temporary water service may be accepted, provided that it does not interfere with the use of water for general purposes. The quantity of water taken for such temporary purposes shall be determined by meter or by estimate, if practicable, and shall be paid for in accordance with the rate schedule applicable to metered general purposes. Customers requiring temporary service shall reimburse the district and Town for all expenses in providing the necessary temporary service connections or, as an alternative, the customer must, at the direction of the Town Board, provide all necessary labor and material to make the temporary service connection.
E. 
Payment of charges. The district and/or Town will not enter into an agreement with an applicant for water service until all charges due, for water service or any other services provided, at any premises now or formerly owned or occupied by the applicant, have been paid.
A. 
Owner's responsibility. The corporation cock, curb cock and box, and service pipe from the main to the curb cock shall be installed by the owner at his own expense, unless installation has already been completed pursuant to a main extension agreement. Easements acceptable to the Board must be furnished at the applicant's expense where necessary for water service installations. All such service connections shall remain the property of the district.
B. 
Obtaining permit. Permits to open roads for installation of water service shall be obtained by the applicant from the Highway Superintendent upon paying the necessary fees for such openings.
C. 
Payment of charges. It is the responsibility of the property owner to provide and pay for all work done and materials furnished in the completion of the service connection from the curb cock to the meter placed on the service line.
D. 
Specifications. The service pipes, fittings and meter settings shall be of a make, size and pattern determined by the Board, with the installation of these items to be made under the rules of this chapter.
A. 
Required. Permanent water service shall be rendered through meters only. Each dwelling or building, or parts thereof having unrelated occupancy or distinctive use, shall have a separate meter. All meters shall be obtained from the district, at the owner's expense. Meters shall remain the property of the district.
B. 
Exterior mounted. All Town water districts shall require exterior-mounted remote readers compatible with the meter to be supplied.
C. 
Installation and location. Whenever possible, meters shall be installed within the building to be served as close as practicable to the point where the service pipe enters. Meters shall be so located as to be readily accessible at all times for reading, inspection or repair. Meters may be set in exterior underground pits with the permission of the Board and at the expense of the property owner. In such cases, the construction of the pit and the method of meter setting shall be determined by the Board.
D. 
Stop valve. A stop valve shall be provided within the building on the inlet side of the meter. All installations shall include a stop or waste cock on the house side of the meter.
E. 
Testing. The district reserves the right to remove and inspect, test, repair or replace any meter connected in the district water system and to substitute one meter for another at the owner's expense.
F. 
Removing or tampering with sealed meter. There shall be no tampering with water meters or breaking meter seals with the intent to slow, stop or alter the reading of a water meter. In the event of tampering, the owner shall be responsible for paying for all unpaid water as estimated by the Town. Any person removing or tampering with such seal shall be subject to penalties and charges set forth in §§ 230-10 and 230-11.
G. 
Any meter which fails to work properly due to improper installation by the customer or tampering shall be repaired or replaced by the customer at the customer's sole cost and expense. The Town reserves the right to test any such meter before it is placed in service. The customer is required to immediately notify the Town Supervisor's office as soon as the customer is aware or should have been aware that the meter is broken or not functioning properly. A violation of this requirement shall subject the property owner and customer to the penalties and charges set forth in §§ 230-10 and 230-11.
H. 
Where the Town or its contractor or agent seeks to install, repair or replace a water meter, the owner or occupant shall permit the Town, contractor or agent reasonable and necessary access to perform the work. In the event that the property owner or occupant refuses access to the property, dwelling or building for the purpose of installing, repairing or replacing a water meter or associated piping and equipment, or otherwise restricts or limits access to the meter, piping or equipment, the property owner or customer shall be subject to the penalties and charges set forth in §§ 230-10 and 230-11.
[Amended 8-2-2022 by L.L. No. 5-2022]
A. 
Generally.
(1) 
Authorization to use. No person, unless specifically authorized by the Board, shall open, interfere with or draw water from any public or private fire/flush hydrant in the districts for any purpose other than for fire or Fire Department uses. (A flush hydrant is blue in color and its purpose is to allow the municipality to flush the water system to maintain the quality of the drinking water. A flush hydrant is not intended to be used for firefighting purposes.)
(2) 
Application to use. Application and installation for private fire protection shall be made in accordance with §§ 230-2 and 230-3.
(3) 
Testing. The Board shall be notified in advance of testing of public or private hydrants so that, if desired, a representative of the Board may be present at said testing.
B. 
Blocking of access prohibited. It shall be unlawful for any person to cover, obscure or in any way block free access to any fire/flush hydrant located within the Town of Blooming Grove as provided herein.
C. 
Fire/flush hydrants to be kept clear of obstructions. It shall be the duty and responsibility, jointly, of all owners, tenants and/or occupants of real property and/or premises located within the Town of Blooming Grove to maintain a clear and unobstructed access path for a radius of 15 feet in every direction from any fire/flush hydrant located on their property or within any governmental right-of-way. No permanent or temporary structures, trees, shrubs, bushes, plantings or other items are permitted to be erected, installed or placed within said fifteen-foot radius of the fire hydrant. All owners, tenants and/or occupants must also maintain an area within a five-foot radius from any fire hydrant free and clear from all other obstructions, including, but not limited to, dirt, debris, branches, leaves, clippings, snow and ice.
D. 
Maintenance of hydrants. It shall be the duty and obligation of all owners, tenants and/or occupants of real property and/or premises located within the Town of Blooming Grove which abuts a public road or right-of-way to maintain a clear and unobstructed access path along the property line or right-of-way adjacent to the fire/flush hydrant. The access path or area shall extend 10 linear feet from the center of any hydrant.
E. 
Time limit for clearing and removal. Such clearing and maintenance must take place within 12 hours from the last time that the snow, ice, dirt or other obstruction falls or is placed upon such property.
F. 
Removal by Town; recovery of costs. In the event of the failure of any owner, tenant and/or occupant to maintain said fire/flush hydrant by removing the snow, ice, dirt or other obstruction therefrom within the time above provided for, the Town Board may remove the same and charge the expense thereof to the owners of such premises. Said charge shall become a lien upon the premises benefited thereby until paid and, in addition thereto, the owner and occupant of said premises shall be personally liable for the payment thereof.
G. 
Penalties for offenses.
(1) 
Any person who shall refuse or neglect to comply with any provision of this section shall be guilty of a violation. Each and every violation of this section shall be punishable by a fine not to exceed $75 per day. Each day's continued violation shall constitute a separate violation.
(2) 
In addition to all other remedies provided for herein, the Town Board may also enforce obedience to this section by injunction or by any other remedy available to it by virtue of the judicial process.
H. 
Enforcement. The Building Inspector and/or Code Enforcement Officer serving the Town of Blooming Grove, as well as any police officer of the Town of Blooming Grove Police Department, shall have the authority to issue appearance tickets for violations of this section.
A. 
Application. Upon application for water service in areas not served by a district, the district will extend its mains or install necessary new mains and provide all additional improvements and facilities to be required therefor, provided that the necessary proceedings required by law have first been complied with. The Board will initiate such proceedings as are required on its part to make such service available. Extensions to service must be in the public interest.
B. 
In all subdivisions and sites seeking a supply of water from a district, the distribution system within the subdivision or site must be designed so as to provide maximum opportunity for improving distribution within the area and for accommodating reasonably foreseeable expansion requirements. Adequate provision must be made for future system extensions, and the mains must be properly sized to accommodate foreseeable needs. The extension or installation of such mains shall be at the cost of the applicant and shall be accomplished in accordance with the provisions hereof and with the approval of the Town Board. All plans and specifications for the water system, mains and appurtenances must be approved by the Town and are subject to inspection at all phases of construction. An irrevocable offer of dedication and deed for all such extensions, including water mains, meters, remote readers, wells and appurtenances, storage tanks, pumps and necessary easements must be provided and approved as to their form by the Town Attorney. No water shall be supplied to the homes or units constructed within the subdivision or premises unless and until the entire system has been accepted by the Town Board. All application and/or connection fees must be paid prior to connection to the system. Such fees may be established and amended from time to time by resolution of the Town Board.
C. 
Nothing herein shall obligate the Town or a district to accept an offer of dedication or otherwise own or operate a water system.
A. 
Mains. Mains shall be of lined cast-iron, concrete or asbestos-cement pipe, except for existing mains.
B. 
Service pipes. Except for existing pipes, service pipes shall be no less in size than 3/4 inch inside diameter if installed on and after the effective date of this chapter. Type K soft- tempered copper tubing meeting ASTM Specification B-88-66a shall be used for all services up to and including two inches.
C. 
Cover. Mains and service pipes shall have a minimum cover of four inches.
D. 
Applicability of State Uniform Fire Prevention and Building Code. All other minimum requirements shall be as set forth in the New York State Uniform Fire Prevention and Building Code applicable to plumbing.
A. 
Curb boxes. Except for existing curb boxes, all curb boxes shall be maintained at grade and any curb box projecting above grade or lower than grade shall be corrected to grade level by the property owner. Upon failure by such owner to correct elevation of curb box after receiving notice from the district to do so, the same will be corrected by the district at the expense of the owner.
B. 
Service pipe. At his own expense, the property owner shall maintain the service pipe from the corporation tap to the premises and all interior valves and plumbing, with the exception of the water meter. For all maintenance thereof, the owner shall employ a competent plumber, and all work shall be performed in a manner satisfactory to the municipality.
C. 
Maintenance by municipality. The entire water supply and distributions systems, with the exception of those items referred to in Subsections A and B of this section, shall be maintained by the municipality at the expense of the district in which work is performed.
D. 
Meters. Any repairs or maintenance of a meter or a meter connection, other than ordinary wear and tear, shall be at the expense of the owner, including, but not limited to, repairs required because of freezing, hot water or other physical damage.
A. 
Notice required. If a dwelling or other building is to be closed or become vacant, notice in writing thereof should be given the district in order that the meter be read and the curb cock closed; otherwise such consumer shall be liable for the minimum quarterly charge. Where such notice is not given and pipes burst from freezing or other cause, the value of water lost thereof, as estimated by the Board, shall be added to the next regular water bill.
B. 
By municipality. Water service may be discontinued by the municipality for any one of the following reasons:
(1) 
Use of water other than as represented in a consumer's application.
(2) 
Bypassing a meter through branch connections or through the meter seat.
(3) 
Molesting any service pipe, meter, seal or other appurtenance owned by the district or municipality.
(4) 
Cross-connecting pipes carrying district water with any other source of supply.
(5) 
Refusal of reasonable access to property for purposes of reading, repairing, testing, installing and removing meters or inspecting water piping and other fixtures.
(6) 
Willful waste of water.
(7) 
Nonpayment of bills for water or services rendered by the district or municipality.
(8) 
Any other violation of this chapter as adopted by the municipality.
(9) 
When the service line does not have individual shutoff valves or stopcocks and a backflow prevention device as required by this chapter.
C. 
Charges. When water service to any premises has been turned off pursuant to Subsection A and/or B of this section and restoration of service is requested by the customer, a change of $75 will be made for the restoration of service during regular business hours of 9:00 a.m. to 4:00 p.m., Monday through Friday, and $100 during other hours, provided that the discontinuance of service has not required the removal of any equipment from the premises. In such cases, the charge to the customer for restoration of service will be the actual cost incurred by the district and/or municipality for the reconnection of the required equipment.
D. 
Restoration; responsibility. Upon receipt of an application for a new service or restoration of existing service, the municipality will assume that the piping and fixtures which the service will supply are in proper working condition, and the municipality will not be liable in any event for any accident, breaks or leakage arising in any connection with the supply of water.
A. 
Any person who violates any of the provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not exceeding 14 days, or both, for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed 14 days, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 14 days, or both. Each day's continued violation shall constitute a separate additional violation.
B. 
Civil penalties.
(1) 
In addition to and not in lieu of the above, any person who violates any provision of this chapter shall be liable to the Town for a civil penalty in an amount not to exceed $350 for a first violation; in an amount not less than $350 nor more than $700 for a second violation committed within a period of five years of the first violation; and in an amount of not less than $700 nor more than $1,000 for a third and each subsequent violation committed within a period of five years of the first violation. Each week's continued violation shall constitute a separate additional violation.
(2) 
Civil penalties may be ordered in any action or proceeding by any court of competent jurisdiction, including but not limited to state and federal courts. All penalties shall be paid to the Town.
(3) 
The judgment amount of any civil penalty ordered pursuant to this section, if not paid, may be assessed and levied against the real property which is the subject of the penalty and collected in the same manner as a real property tax.
C. 
Water meters. Violations of this chapter related to installation, repair and replacement of water meters and failure to provide notice of a broken water meter shall be subject to the additional penalties and charges set forth in § 230-11.
D. 
In addition to and not in lieu of the remedies authorized above, the Town Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation or threatened violation of this chapter or to enforce any provision of this chapter.
E. 
In addition to and not in lieu of the remedies authorized above, where a violation of this chapter may cause injury or damage to public or private property or to the public interest or environment, then, after due notice and opportunity to be heard is given to the violator, the Town, its officers, employees and agents shall have the authority to enter upon private property and take necessary corrective and restorative action to remedy such violation. All costs of such Town action, including but not limited to corrective, engineering, legal and administrative costs, shall be billed to the owner of the property. If not paid, such costs may be assessed and levied against the property and collected in the same manner as real property tax. In the event of an emergency, the Town shall be authorized to enter upon the property and take action without notice to the property owner or opportunity to be heard.
F. 
Costs of enforcement. Whenever the Town Board brings an action or proceeding to compel payment of any water charge or penalty and the Town recovers any amount of such payment, or whenever the Town Board brings an action or proceeding to enforce any provision of this chapter and prevails to any meaningful extent, then the Town shall be entitled to such judgment and, in addition, the costs and expenses incurred by the Town, including reasonable attorneys' fees, of bringing and maintaining the action or proceeding shall be paid to the Town by the other part(ies).
G. 
The penalties and costs imposed by this section may be directed against any individual, director, officer, agent or employee of any corporation, firm, company, association, society, or group found guilty of violating a provision of this chapter.
A. 
Right to disrupt service. The municipality undertakes to use reasonable care and diligence to provide a constant supply of water at a reasonable pressure to consumers, but reserves the right at any time, without notice, unless practicable, to shut off the water in its mains to make repairs or extensions, or for other purposes, and it is expressly agreed that the municipality or its agents 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 municipality's property.
B. 
Restrictions on use. The Town Board and/or the Town Supervisor, if authorized by the Town Board, shall have the right, authority and discretion to prohibit or limit water usage in periods of drought or emergency or when deemed necessary to protect the water supply or the public health, safety and welfare. Such prohibitions or limitations on water usage may be applied to outdoor use of water, use by residential properties, use by commercial and/or industrial properties, use by properties within Town water districts, use by out-of-district properties, indoor use of water, any combination of the foregoing or any other prohibition or limitation based on any reasonable classification of properties or water usage.
C. 
Inspections. As a condition of service, all recipients of water supplied by a district shall be deemed to have consented to the entry of the Town or its authorized employees, contractors and agents, onto the premises and into the building receiving water, at any reasonable hour, for purposes of the installation, replacement, inspection and maintenance of the water system, including, but not limited to, water meters, water mains, service lines and appurtenances. Such consent shall include such access as necessary to read water meters, and to examine the manner and amount of water usage. The refusal by any person to allow access to said premises or meter shall be deemed a violation of this chapter subject to twice the penalties set forth in § 230-10 and water use charges as set forth in Subsection D below, and shall be sufficient cause for the discontinuance of water services.
D. 
Installation, repair and replacement. If a water meter breaks or fails to function properly and if the property owner or occupant refuses access to the property, dwelling or building for the purpose of installing, repairing or replacing a water meter or associated piping and equipment, or otherwise restricts or limits access to the meter, piping or equipment, then the property owner shall be billed at three times the estimated water usage until such time as the water meter is installed or the existing meter is made accessible. In addition, the property owner and customer shall be subject to all other remedies and enforcement penalties provided under this chapter and other applicable laws.
E. 
It shall be unlawful to install or use an individual water well to supply water service to any property, dwelling, building or structure located within a Town water district.
A. 
Charges.
(1) 
The Town Board is authorized to charge water use charges ("water rents") by placing the annual water rents charge, or any portion thereof, on the real property tax bill of each property receiving service in a water district. The Town Board may determine, by resolution adopted after a public hearing, the particular water district(s) for which water rents shall be charged on the real property tax bill of each property receiving service in that particular water district. If the Town Board subsequently determines that the total water rents collected or charged on the tax bills of the properties in a particular water district will not be sufficient to pay for the operation and maintenance costs for that year, the Board may charge additional water rents to each property receiving service in the water district in order to pay for such operation and maintenance costs. The amount of such additional water rents shall be determined by resolution of the Town Board after a public hearing.
(2) 
Notwithstanding such water rents charges (whether charged on the tax bill and/or on a subsequent bill), in all water districts where water consumption is measured by meter, the annual water rents charged to each property in such water district shall be adjusted so that the total water rents charged to each property shall be based upon water consumption.
(3) 
If the water rents charge is not placed on the real property tax bill, then water rents shall be billed quarterly, semiannually or other time period as determined by resolution of the Town Board. Water meters will be read quarterly on or about January 1, April 1, July 1 and October 1 of each year, unless otherwise determined by resolution of the Town Board.
B. 
Computations. The quantity recorded by the meter shall be considered the amount of water passing through the meter, except as hereinafter provided.
(1) 
In case of a disputed account involving the accuracy of a meter, such meter will be tested by the district upon the written request of the consumer. The fee for testing such meter shall be payable in advance of the test by the consumer. In the event that the meter so tested is found to have an error in registration to the prejudice of the consumer in excess of 4% at any rate of flow within the normal test flow limits, the fee advanced for testing will be refunded and the next due water bill will be adjusted to correct such over-registration for the previous two quarters.
(2) 
In cases where it is found that the meter ceased to register or has registered inaccurately or where a reading cannot be obtained, the quantity may be determined by the average registration of the meter in a corresponding past period, except when there has been a change in the occupancy of the premises or in the use of water, in which case an equitable adjustment shall be made.
(3) 
In the event of a discrepancy between the water consumption as indicated by the remote reading device and the water consumption as measured by the water meter, the water consumption as measured by the water meter shall be controlling. At all times, customers must promptly pay their water bills, even if disputing a charge. If the water bill is not paid on time, the customer shall be subject to the penalties and interest set forth in this chapter.
(4) 
All property owners shall be responsible for the cost of replacing water meters that are no longer functioning properly as determined by the Town. Failure to notify the Town that a meter is broken or is no longer functioning properly shall be deemed a violation of this chapter subject to the penalties and charges set forth in § 230-11.
C. 
Due date; penalty for late payment. All bills are due and payable net cash within 30 days after billing date. After 30 days, a penalty of 10% will be added to the bill for each and every month or part thereof payment is late. This subsection shall supersede New York State Town Law § 198.
D. 
Lien. Water rents and charges shall be a lien on the real property upon which the water is used, and such lien is prior and superior to every other lien or claim except the lien of an existing tax. In addition to the other remedies provided by law for nonpayment of water rents and charges, the Town Board may assess and levy such unpaid water rents and charges upon the property in the same manner as a real property tax.
E. 
Fees. The Town Board, from time to time, shall adopt by resolution the following fees and charges for town work on water meters:
(1) 
Inspection.
(2) 
Connection and disconnection.
(3) 
Turn-on and turn-off of service.
(4) 
Any other fees and charges the Town Board deems appropriate concerning water service.
F. 
Connection fees and charges to obtain water service shall be established by resolution of the Town Board and may be amended from time to time in the same manner. Connection fees shall be deemed "water rents" for the purpose of this chapter.
G. 
Failure to receive a water bill or notice of any fine or penalty shall not be an excuse or defense to the owner's or customer's failure to timely pay the required water rents, charges, fine or penalty.
A. 
No connection may be made to the water supply, Town water districts and distribution system of the Town by or on behalf of the owner of any parcel of land located outside of the Town which is, or could reasonably be made, contiguous to the incorporated boundary line of the Town unless and until such parcel of land has been annexed to the Town of Blooming Grove in the manner prescribed in Article 17 of the General Municipal Law of the State of New York or of any laws amending or supplementing the same.
B. 
Such parcel of land defined above may connect to the Town water supply and distribution system without annexing to the Town only if:
(1) 
It is an undue hardship to connect directly to the Town water supply and distribution system, such determination to be made solely by the Town Board; and
(2) 
The parcel in question lies contiguous to the Town Water District borders; and
(3) 
The owner(s) of said parcel have received the permission of the Town of Blooming Grove Town Board.
No new or replacement water well or water supply system that is designed or intended to serve any parcel in the Town of Blooming Grove outside of an incorporated Village shall be installed anywhere in the Town of Blooming Grove, except as herein provided.
A. 
No owner, builder, well driller or other person or entity shall locate, drill, redrill, install, redevelop or construct or allow to be made, installed, constructed or modified a water supply system, water well or any addition to or modification of a water supply system or water well until an application accompanied by plans and specifications on forms supplied by the Town Engineer shall have been filed with the Town Building Department. A fee, to be determined from time to time by resolution of the Town Board, shall be paid to the Town at the time of the filing of the application.
B. 
No building permit shall be issued until the Town Engineer has approved for construction an application and plans for the water supply system. A building permit application received by the Building Inspector including a proposed well or water supply system as set forth in § 230-17 shall be referred to the Town Engineer for review.
C. 
In the event of an adverse determination from the Town Engineer, the applicant may request a review and recommendation of the Orange County Department of Health which shall be submitted to the Town Engineer. In the event of a recommendation of approval of the application, the Town Engineer shall review the basis for the recommendation and issue a written response to the applicant accepting or rejecting the County recommendation and the reasons therefor.
The required plans and drawings shall be prepared and certified by a professional engineer with a current and valid license in the State of New York. At a minimum, the submitted plans shall include the following elements:
A. 
Scaled site plan drawing, the location of proposed improvements (well) and all relevant improvements or natural features shall be clearly indicated, showing all necessary setbacks as required by the 10NYCRR Part 5 of Chapter 10 of the New York State Sanitary Code;
B. 
Water well design schematic drawing, showing the following elements: proposed depth and diameter of borehole, proposed construction details including casing depth, casing seal depth and design details, proposed screen interval, and the expected depth to bedrock (below ground surface).
Drilled wells shall be of such materials and located, constructed, developed and protected as described in this chapter and in accordance with good well drilling practice.
A. 
Location.
(1) 
The well shall be constructed in an accessible location which is not subject to flooding and at a distance from potential sources of pollution on the owner's property or on adjoining properties which shall remain in the same ownership which is not less than that prescribed by the State Sanitary Code.
(2) 
When a well is located adjacent to a building, it shall be so located that the center line of the well, extended vertically, will clear any projection from the building by not less than five feet. The top of the well casing shall be readily accessible.
(3) 
A well shall not be located closer than 15 feet to a property line.
(4) 
Minimum distances from sewerage units shall be as prescribed by the State Sanitary Code.
B. 
Depth. The well shall be developed from a water-bearing formation at a depth greater than 50 feet below the ground surface, unless otherwise approved by the Town Engineer.
C. 
Casing.
(1) 
The well casing shall be new wrought iron or steel well casing pipe which complies with ANSI Standard B-36.10 Year of Latest Revision or AWWA Standard for Deep Wells A-100 Year of Latest Revision.
(2) 
The depth of the casing shall comply with the requirements of Table 1 of this chapter, and the top of the casing shall terminate not less than 24 inches above the ground surface, a gravity-drained pump house or well pit floor, and three feet above possible flood level.
(3) 
The well casing diameter for a well shall be not less than six inches unless otherwise approved by the Town Engineer.
(4) 
Each section of casing shall be joined with standard drivepipe couplings and ample full-threaded joints, or by proper welding, so that all joints shall be sound and watertight as installed in the well
(5) 
Well casing alignment shall not interfere with the proper installation and operation of the pump.
D. 
Construction.
(1) 
Construction of the well shall comply with the requirements of Table 1 and other standards given in this chapter.[1]
[1]
Editor's Note: Table 1 is included an attachment to this chapter.
(2) 
Construction shall seal off, insofar as practicable, water bearing formations that are or may be polluted.
(3) 
The well shall be constructed so that no unsealed opening will be left around the well.
(4) 
The well shall be thoroughly developed clearing it of all excessive sand, silt and turbidity by either pumping, surging (i.e., surge block), jetting, a combination of the above or other approved means to produce a maximum well yield at a stabilized/near-stable drawdown (as defined by NYSDEC Title 6, Chapter V, Subchapter E Part 601) as demonstrated by pumping at a constant rate for a minimum of four hours and obtaining periodic drawdown measurements. Additional testing (i.e., longer duration testing, additional monitoring requirements) shall be required for wells intended to supply more than five connections, or community water system well, as determined by the Town Engineer.
(5) 
Water used for well construction shall be of satisfactory sanitary quality and in accordance with New York State Department of Health water quality regulations.
(6) 
If the well is finished in a sand or gravel formation, the driller shall furnish and install a metal screen of proper diameter, design and standard manufacture, which shall permit maximum transmission of water without clogging.
E. 
Sealing.
(1) 
Sealing as required by Table 1[2] shall be performed and sealing material shall be a neat cement grout. The grout mixture shall consist of no more than 5 1/2 gallons of clean water to one sack of Portland cement. The grout shall be poured or pumped (i.e., emplaced using a tremie pipe) as one continuous mass and placed upward from the bottom of the space to be grouted.
(2) 
The clear annular space around the outside of the casing and the drill hole shall average two inches and in no case be less than 1 1/2 inches to prevent bridging of the grout. Driving the casing or installing a lead packer, a rubber sleeve or a similar device is not an acceptable alternate to grouting. The required annular opening shall be maintained during the work until grouting is completed. Grout shall be allowed to cure a minimum of five days before being disturbed by additional drilling work or well development.
(3) 
Grouting shall be performed for a minimum of 50 feet below ground level in wells completed in unconsolidated formations, and the grout seal shall extend at least 20 feet into competent bedrock for wells completed in fractured bedrock formations. Any deviation from the minimum depths set forth herein requires approval of the Town Engineer.
F. 
Yield test. For water supply wells, before being put into use, the well shall be tested for yield and drawdown for at least four hours' duration. The test pumps shall have a capacity at least equal to twice the pumping rate at which it is expected the well will be pumped during its usage. The test pump shall be installed to operate continuously until the water level has stabilized and, at this point, the specific capacity, safe yield and stabilized drawdown determined. Regular water level observations shall be made during the drawdown and subsequent recovery periods. A minimum sustained well yield of five gallons per minute shall be obtained for single-family residential use water supply wells.
G. 
Disinfection. The well shall be pumped until clear and then disinfected as follows:
(1) 
After the well is constructed and pumped clear, or after any improvements are made, it shall be disinfected with a chlorine bleach, as follows:
(a) 
Mix two quarts of bleach, containing 5.25% available chlorine in 10 gallons of water. Pour the solution into the well while it is being pumped. Keep pumping until the chlorine odor appears at all taps. Recirculate the water back into the well for at least an hour. Then close the tap and stop the pump.
(b) 
Mix two more quarts of bleach in 10 gallons of water and pour this chlorine solution into the well. Allow the well to stand idle for 12 to 24 hours.
(2) 
Pump the well to waste, away from grass and shrubbery through the storage tank and taps until the odor of chlorine disappears.
H. 
Capping. Temporary capping of the well until the pumping equipment is installed shall be such that no pollutant can enter the well.
I. 
Log. The driller shall furnish the owner and the Town Engineer with accurate and complete information and will log upon completion of construction.
J. 
Water samples. After the well has been pumped clear, and after all chlorine disinfectant has been removed, one or more water samples shall be collected and examined in a New York State Department of Health approved laboratory for bacteriological examination (chemical examination may also be required). Lab results shall be submitted to the Town Engineer for review.
K. 
Well seal and pitless adapter.
(1) 
A well cap, seal and/or pitless adapter shall be provided to cap a well and to establish and maintain a tight junction between the well casing and the piping or equipment installed therein to prevent pollution from entering the well at the upper terminal.
(2) 
The well cap, seal and/or pitless adapter shall comply with the National Sanitary Foundation Basic Criteria for Pitless Well Adapters, or equal, as approved by the State Health Department.
L. 
Pump and pumping equipment. Pump and pumping equipment shall be installed so as to comply with the objectives of this chapter.
M. 
Abandoned well. An abandoned well shall be filled and sealed in such a manner as to avoid accidents and to prevent it from acting as a channel for pollution of water-bearing formations. Abandonment shall be in conformance with 10NYCRR Part 5 of Chapter 10 of the New York State Sanitary Code and AWWA A100 Year of latest revision. (See also § 230-21.)
The Town Engineer may grant approval of such plans or may require such modification as in his opinion the public health or safety may require. No work shall begin until the drawings and application are approved by the Town Engineer, who shall note his approval on the applicant's copy.
[Amended 10-13-1987 by L.L. No. 7-1987]
A. 
After a water well is completely installed, as-built plans shall be prepared and submitted to the Town Building Department. Upon approval of such plans by the Town Engineer, a certificate of compliance shall be issued to the applicant.
B. 
In all instances where the plans and specifications required in § 230-16 shall be prepared by a professional engineer (see § 230-17), as-built plans shall be prepared, certified and sealed by a professional engineer with a current and valid license in the State of New York.
A. 
Every abandoned well shall be sealed or closed so as to protect the aquifer from pollution and to prevent a hazard to life or property. All abandonment activities shall be performed by a New York State registered well driller. If such well is to be sealed or closed, the owner of the property shall submit a notice to abandon well on a form provided by the Town Engineer which shall include the information:
(1) 
Name and address of the applicant.
(2) 
Legal or other description adequate to locate the property and the well.
(3) 
Name and address of the water well contractor employed to perform the work herein required for abandonment.
(4) 
Type and description of well.
(5) 
Reason for abandonment.
(6) 
Description of work to be performed to effect abandonment.
B. 
The Town Engineer shall indicate his approval, approval with conditions or denial of the abandonment on such form. The New York State registered well driller shall file a water well abandonment and decommissioning report with NYSDEC and shall provide the Town with a copy of the report.
It shall be the duty of the Town Engineer:
A. 
To promptly investigate the proposed installation and approve or disapprove the application and, if approved, so note this on the original and applicant's copy and issue the applicant's permit (this permit to be prominently displayed on or near the work site);
B. 
To ensure compliance with the provisions of this chapter;
C. 
After final inspection, to issue a written approval for the installation or abandonment of the well or water system;
D. 
To inform the Town Clerk and Town Building Inspector monthly of any installation or abandonment applications approved or disapproved and any final approvals of any well or water supply system installed or abandoned.
Nothing contained in this chapter shall be construed to permit the installation or maintenance of a water supply system which is or may become unsafe or otherwise constitute a detriment to the public health, safety and welfare.
Any violation of this chapter either by the occupancy of a structure without a duly authorized certificate of approval or by the installation or use of a water supply system/well without compliance with the terms and provisions of this chapter is hereby declared to be a violation and shall render the owner of the land whereon the same was installed, the occupant of said land, the person so installing the same or any other person who performs work thereon in violation of this chapter punishable by imprisonment for not exceeding 15 days and/or a fine not to exceed the sum of $1,000. Each day's continued violation after notice thereof shall constitute a separate additional violation subject to penalties set forth herein.
In the event of any violation of this chapter, the Town Board may, in addition to any other remedies, also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter, notwithstanding that this chapter provides for penalties and other punishment for such violation.
A. 
Where the Town Engineer or Town Building Inspector are informed or otherwise determine that a property or properties are lacking adequate water supply or such system otherwise is endangering public safety, health or welfare on property in the Town, the Town shall be authorized to enter upon the property where the well or water supply is located in order to investigate and abate such conditions or lack of proper water service or supply.
B. 
Where the Town has incurred reasonable and necessary expenses in investigating and abating such dangerous conditions, lack of proper water service or supply, the Town shall be entitled to recoup from the property owner the Town's reasonable and necessary expenses incurred thereby.
A. 
All costs and expenses for goods, labor and services incurred by the Town as a response to or result of an emergency declared by the Town Supervisor pursuant to the Executive Law shall be reimbursed to the Town by the private water company.
B. 
The Town Clerk shall cause statements to be rendered to the water company reflecting the actual expenses of the Town. Such statements shall be due and payable upon presentment.
C. 
In the event that said statements are not paid, the charges shall be a lawful charge against the real property of the water company to be assessed, levied and collected in the same manner provided for the levying and collection of real property taxes. The lien of such assessment shall, as permitted by law, be prior and superior to every other lien or claim, except the lien of existing tax assessment or other lawful charge imposed by the state or political subdivision or district thereof.
A. 
The wellhead protection areas (WPAs) shall apply to any public water system located or to be located in the unincorporated area of the Town of Blooming Grove. The WPAs shall include at a minimum the area within a 200-foot radius of the well and the zone of influence (the area surrounding a community water system's well or wellfield that is characterized by a cone of depression related to pumping, includes the surface and subsurface areas that is most restrictive in terms of land use, with activities essentially being restricted to the production of drinking water), whichever is greater in area. For purposes of these regulations, the WPAs include both the minimum 200-foot area, the zone of influence, the zone of contribution and the aquifer recharge areas.
B. 
Any contaminant that reaches the groundwater within the zone of influence will be directly, and potentially rapidly, drawn into the well. This zone of influence may cause a disruption of the normal groundwater flow patterns because water normally flowing parallel to the well or down gradient from the well may be directed toward the well.
C. 
The zone of contribution consists of the area surrounding the zone of influence and includes the surface and subsurface areas where groundwater moves towards and is ultimately captured by the wells or well fields of a well or community water system. Typically, the zone of contribution (also referred to as the capture zone) is not coincidental with the zone of influence. The zone of contribution may extend from a few feet to many miles, depending on local hydrogeological conditions and pumping rates. The zone of contribution also includes the area of diversion plus any surface water features that recharge the aquifer within the capture zone. This is commonly represented by an area with a losing stream, or where the well actually draws water from an adjacent stream. Any contaminants located in the zone of contribution might be drawn into the well along with the water. The aquifer recharge area is defined as the land outside of the zone of influence and zone of contribution through which runoff and precipitation infiltrate directly into the ground recharging the groundwater resource.
Wellhead protection areas at all public water systems, installed after the effective date of this chapter, shall be protected and controlled through direct ownership of the land or through the acquisition of protective easements or other appropriate measures such as watershed rules and regulations developed by the supplier of water in order to prevent contamination. Within the zone of influence wellhead protection area, all systems, facilities, and activities are prohibited except for physical pumping and treatment facilities and controls. The zone of influence wellhead protection area shall not be used for any purpose other than public water supply, except when a permit has been issued by the appropriate local board for nonintrusive recreation uses such as hunting, fishing, picnicking, nature study, or hiking. The zone of influence wellhead buffer area shall be posted prohibiting trespass for any purpose except as permitted in this section.
A. 
A public water system is any entity which provides water to the public for human consumption through pipes or other constructed conveyances. Any system with at least five service connections or that regularly serves an average of at least 25 people daily for at least 60 days out of the year is deemed a public water system.
B. 
All land within a wellhead protection area shall be protected and controlled through direct ownership of the land or through the acquisition of protective easements or other appropriate measures such as watershed rules and regulations developed by the owner of the water supply in order to prevent pollution of the ground or groundwater.
C. 
All systems, facilities and activities are prohibited except for physical pumping and treatment facilities and controls within the zone of influence WPA. The area shall not be used for any purpose other than public water supply, except as set forth in Subsection F below.
D. 
All wellheads and containment buildings must be in conformance with federal, state and local floodplain management or similar regulations or ordinances to prevent their contamination by floodwaters. This area shall further be protected from pollution by surface waters originating outside thereof by the construction of suitable diversion ditches or embankments. The development of the water sources shall be so carried out that there shall be no opportunity for pollution to enter the water sources.
E. 
The physical pumping facilities and controls shall be protected against damage from tampering by containing same with a locked fenced area or other suitable enclosures or by their manner of construction and installation.
F. 
The area will be posted prohibiting trespass for any purpose other than hunting, fishing, picnicking, nature study, or hiking, as may be allowed by the Town Board, or the Planning Board if the wellhead protection area is established during the review of a development application subject to Planning Board approval.
G. 
The storage of salt, chemicals, petroleum products, paint, pesticides, or other materials that could potentially endanger a well shall not be allowed in areas that drain toward any well, or within the zone of influence WPA. Outdoor storage of any materials that, in the opinion of the Code Enforcement Officer, could contaminate groundwater resources, shall be prohibited within any of the WPAs.
H. 
Sewer lines and septic fields, including reserve areas, shall not be located in the zone of influence WPA.
I. 
Storage of machinery shall not be allowed in the zone of influence WPA.
J. 
The WPAs shall be inspected regularly to assure that the area complies with these regulations.
K. 
Parking and impervious surfaces shall not be allowed in the zone of influence WPA, except that a stabilized gravel driveway that is required to access the wellhouse for maintenance may be permitted within same. The zone of influence WPA shall be maintained as lawn or woodland. No pesticides shall be applied within the zone of influence WPA.
L. 
Wells abandoned, or no longer in use, shall be sealed according to the standards set by the State of New York, in order to prevent potential contamination to waters within the aquifers.