[HISTORY: Adopted by the Town Board of the
Town of Albion as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-13-1992 by L.L. No. 1-1992; amended in its entirety 4-9-2001 by L.L. No. 1-2001]
A.
All water rents shall be chargeable to the owner of
the property where water is furnished when proper arrangements are
made for the water service. In each instance all water rentals shall
be a lien against the real estate upon which the water is used, and
such rentals shall be due and payable on the 10th day of March, June,
September and December of each year at the office of the Water Clerk,
except in cases of rents for water used for other than domestic purposes,
in which case rents shall be due and payable on the 10th day of each
month, as billed.
B.
The owners of houses, buildings or property used for
human occupancy, employment, recreation or other purposes situated
within a Town Water District not served by a public water source (i.e.,
well or spring) are hereby required at their expense to install water
line facilities therein and to connect such facilities directly with
the Town Water District water main source provided that said water
main is within 100 feet of the property line and is operational. Such
connection shall be in accordance with the provisions of this article
as provided herein. Once a water main has been constructed within
100 feet of an owner's property line and becomes operational, an owner
not served by a private water source (i.e., well or spring) within
six months shall connect their house, building or other structure
to the water main. If it becomes necessary for the Town to notify
by registered mail a notice to the owner, the owner, after receiving
such notice, will have 90 days from receipt of notice to connect to
the water line before being in violation of this section.
A.
In all cases where water rents remain due and unpaid
at the time the annual tax roll is made out, the same shall be included
therein and levied against the real property on which the water shall
have been used and shall be collected with and in the same manner
as other Town taxes, with the additional charges, fees and penalties
incident to the collection of such taxes.
B.
To recover costs incurred by the Town of Albion in
the processing of unpaid water bills for collection by the county,
there shall be added to the amount of such unpaid bill $150 for each
property. The Town Board may by resolution, after a public hearing,
change the amount of said fee when the Town Board's analysis demonstrates
that a different fee more properly presents the costs incurred to
process said bills.
[Added 3-8-2004 by L.L. No. 3-2004;
amended 9-12-2005 by L.L. No. 2-2005; 8-13-2007 by L.L. No. 5-2007; 6-12-2023 by L.L. No. 1-2023]
All applications for the introduction of or
use of water on any premises for the extension of any water pipe shall
be in writing and signed by the owner of such premises or by his duly
authorized agent and must fully and truly state the purpose for which
the water is required, and all expenses incident to the introduction
or use of water on any premises must be paid by the applicant.
No addition to or alteration to any public or
private pipe, conduit or other fixture between the public water main
and the individual water meter shall be made by any person, nor shall
the water main be tapped or any portion of the waterworks system,
including but not limited to the public hydrants and water meters,
interfered with/without permission, nor shall any other person open
or interfere with any public hydrant or tamper with or otherwise interfere
with any meter without permission of the Water Superintendent, the
Town Board or the Chief of the Fire Department or some other person
duly authorized by such authority.
[Amended 9-12-2005 by L.L. No. 2-2005]
Any person violating any of the provisions of
this article shall be guilty of an offense and fined not more than
the sum of $1,000. In the event of commencement of a proceeding for
the enforcement of the violation of this article, to protect the health
and welfare of the residents of the community, the Town Board may
direct cessation of service. In the event that a person shall have
violated a provision of this article on three or more occasions within
a period of five years, that person shall be guilty of a misdemeanor
offense, and fined not more than $2,000 or otherwise dealt with according
to the law. The Town Board and the Town Attorney are authorized to
commence and prosecute violations of this article.
All water pipes between the main and the existing
curb valve, together with all the fixtures connected herewith, shall
be kept in good repair and protected from freezing by the Town of
Albion at the expense of the Town of Albion. All water pipes from
the existing curb valve to the premises where the water is used, together
with all the fixtures connected herewith, must be kept in good repair
and protected from freezing, and all unnecessary waste or leakage
of water must be prevented, at the expense of the owner.
[Amended 9-12-2005 by L.L. No. 2-2005; 8-13-2007 by L.L. No.
5-2007]
A.
Each owner of the premises where Town water is now
being used, and where a water meter and/or meter pit approved by the
Town Board is not in use, shall be required to install a meter and/or
meter pit which shall be approved and furnished by the Town of Albion
when requested by the owner in writing. The following set forth the
costs:
[Amended 12-9-2019 by L.L. No. 2-2019]
(1)
Water meter. The charge for the water meter assembly
shall be at the current market value price, same to be determined
as necessary by Albion.
(2)
Meter pit. Any residence/building that is more than
200 feet from the road shall be required to purchase a meter pit at
the current market value price, same to be determined as necessary
by the Town of Albion.
(3)
Water main. The cost for the tapping of a water main
shall be $200 plus the current market value for parts, same to be
determined as necessary by Albion.
B.
All costs associated with connecting to the curb stop/meter
pit shall be the responsibility of the homeowner/property owner as
set forth in the connection instruction sheet.
C.
All meters shall have an outside reader, installed
by the Highway Department. Failure of any tenant/homeowner to provide
access to the meter for said installation of the outside reader shall
result in a charge of $100 per billing until such time that the Highway
Superintendent or his representative is allowed to install said reader.
D.
The water meter/meter pit charge shall include the
meter, meter pit (where required), inspection and outside reader,
unless the Town Board, by resolution, adopts different or separate
fees.
Every owner of the premises where Town water
shall be used, at all reasonable times and whenever in their judgment
it shall be necessary to do so, shall permit the Water Superintendent
or anyone duly authorized by him to enter any and all portions of
the premises or building, where necessary for the purpose of examining
the meter, water pipes or fixtures or the manner in which the water
is being used.
In cases where two or more parties or families
are supplied with water from the same service pipe, each party served
will be considered as a separate service and a minimum bill will be
rendered for each party served. If either party or family fails to
pay the water when due, and where the same is not paid by the owner
of the premises, the water may be turned off and kept off from such
supply pipe until the rent is paid by or on behalf of both said parties
or families.
[Amended 12-9-2019 by L.L. No. 2-2019]
Whenever water is turned off for nonpayment
of bills or violations of the rules a $75 charge is required, payable
in advance, for turning it on again. All leaks in the service pipe
upon the premises supplied must be promptly repaired by the owners,
and on failure to make such repairs with reasonable dispatch the Water
Superintendent will turn off the water from the premises until the
necessary repairs are made and a $75 charge is required, payable in
advance, for turning it on again.
Steam boilers taking water from the waterworks
will be required to have tanks that will contain an ample supply of
water for 10 hours in case the water is shut off for any purpose.
The Town Board will not be responsible for any accidents or damages
sustained by the violation of this rule. All houses and boilers shall
be fitted with a suitable check valve to prevent accidents from collapse
or damage in case the water suddenly drawn from the mains.
The Town Board reserves the right to shut off
water without notice for any alterations, extensions, repairs and
to stop and restrict the supply of water whenever it may be found
necessary, and the Town of Albion shall not be liable under any circumstances
for a defiance[1] or failure in the supply of water, whether occasioned
by shutting off water to make repairs or connections or for any other
avoidable cause.
[1]
Editor's Note: So in original.
No hose bibs or hose connections will be allowed
on any premises except where service is metered. The Town Board will
from time to time, as conditions warrant, purchase quantities and
will designate the Water Superintendent the locality in which the
meters shall be installed, until such time when all services are metered.
The American Water Works Association will approve these meters, which
will be of the latest type. Ownership of said meter will remain vested
in the Town of Albion and a rental charge of $3 per quarter will be
made.
The setting of the meters must be made under
the supervision of the Town Water Superintendent or his representative,
wherever a meter is to be installed a suitable place must be provided
by the owner and must be a place free from frost and accessible at
all times. For mobile homes, or homes with no basements, meters shall
be placed in the home. This rule applies to all meters installed.
Any consumer making complaints as to the correctness
of the water bills and claiming to be overcharged may, by applying
at the office of the Water Clerk within 10 days after presentation
of the bill, have the meter examined and the dial reread or by depositing
$10 at the above office and making a written request have the meter
tested. If the meter is found to be correct or to under register the
Water Department as payment for testing the meter will retain deposit.
Should the meter be found to be over registering the deposit will
be returned to the complainant and proper correction made to the bill.
The Water Clerk or Water Superintendent is hereby authorized to correct
any charge so shown to be due to the fault of the meter or incorrect
reading of the dial but shall have no power to reduce water rents
for any other reasons whatsoever. Water bills against which no complaints
have been entered within 10 days after presentation must be paid as
rendered.
If a meter gets out of order or fails to register
the correct amount of water used the consumer will be charged at the
average daily consumption as shown by the meter when in order. No
meter shall be removed or except by an individual acting under the
direction of its Water Superintendent for said removal or disturbing
of the meter will be $250.[1] No owner or tenant of any premises supplied by the Town
will be allowed to supply water to other families or persons. If found
doing so the supply will be terminated and the amount paid forfeited
except where special permission is granted by the Highway Superintendent.
An independent service pipe from the main must supply each consumer.
[1]
Editor's Note: So in original.
Any damage which may be sustained to a meter from carelessness of the owner, tenant or agent of the premises or neglect of said meter as well as any damage that may result from allowing said meter to become frozen, burned or injured by hot water or steam shall be paid to the Water Clerk on demand. The cost for damages to any meter shall be the Town's personnel and materials cost for repair. Unpaid damage repair costs shall be water charge assessable like any other unpaid bill pursuant to § 99-2.
Property owners leasing premises are required
to furnish their tenants with a copy of these rules and regulations,
which will be supplied upon application at the office of the Water
Department.
[Amended 12-9-2019 by L.L. No. 2-2019]
If a water bill is not paid after a one-month
period of the unpaid billing a shutoff notice will be forwarded by
regular mail to the responsible consumer. If the unpaid water bill
is not paid within 20 days, commencing with the day of mailing said
notice, the water supply to the premises of the delinquent consumer
will be terminated. Whenever a water supply is terminated for nonpayment
of a water bill an additional $75 charge, payable in advance, will
be imposed before the water service to the premises of the delinquent
consumer will be restored. These rules and regulations may be altered
and amended at any time at the discretion of the Board and said Board
reserves the right to change the water rental rates wherever, in its
judgment, it may become advisable.
A.
The following water rentals and charges are hereby
fixed and established for the use of the water in the Town of Albion.
(1)
(2)
For water usage above 500 gallons $4.65 per 1,000
gallons.
[Amended 6-12-2023 by L.L. No. 1-2023]
B.
A penalty of 10% will be imposed on all unpaid water
bills and services after the 10th day of the month following the month
of the billing.
C.
All hydrants on private property shall be sealed by
the Water Superintendent and such hydrants shall be used solely for
fire protection purposes. Any seal found broken other than after the
use of said hydrant or hydrants for fire protection shall be presumptive
evidence that said hydrant or hydrants had been used for a purpose
other than fire protection, and a water charge of $50 will be assessed
against the user thereof or the property owner for each time any such
seal or seals are found broken. Said assessment charge is to be a
charge for water on each and every seal found broken.
D.
The cost for unmetered water shall be raised to $20
per 1,000 gallons or a fraction thereof and $20 for each additional
1,000 gallons or fraction thereof.
E.
The Town Board may from time to time, by resolution,
after a public hearing, change the water rates, meter rates, tap-in
fees or any other applicable charges, as in its sole discretion it
deems necessary.
In all instances where arrangements have been
made pursuant to this article for water rents to be chargeable to
the consumer or consumers not the owners of the property where water
is furnished and the charges chargeable to the said nonowner are in
any way delinquent the water service will not be furnished at any
other property chargeable to the same nonowner or consumer until such
delinquent charges have been paid in full.
All payments for water rental and charges, including
penalties and interest, shall be payable in full from the effective
date of this article. No partial payments with respect thereto will
be accepted by the Town, its officials, agents or employees.
The Town Board may, by resolution, establish
rules and regulations in addition to this article at any time it deems,
in its sole discretion, such rules and regulations necessary for the
proper and safe operation of the water system. Such rules and regulations
may be amended, by resolution, from time to time, as the Town Board
deems necessary.
[Adopted 11-9-1998 by L.L. No. 3-1998]
The purpose of this article is:
A.
To protect the public potable water supply of the
Town of Albion, Orleans County, New York, from the possibility of
contamination by isolating within its customers' internal distribution
system(s) or its customers' private water system(s) such contamination
or pollutants which could backflow into the public water system; and
B.
To comply with the requirements of the New York State
Sanitary Code 5-1.31.
The Town of Albion Water Department shall be
responsible for the protection of the Town of Albion distribution
system from contamination due to the backflow of contaminates through
the water service connection. If in the judgment of said Water Department,
an acceptable backflow prevention device is required at the Town's
water service connection to any customer's premises for the safety
of the water system, the Water Department or its designated agent
shall give notice in writing to said customer to install such an acceptable
backflow prevention device at each service connection to this premises.
The customer shall immediately install such approved device or devices
at his own expense; and failure, refusal or inability on the part
of the customer to install said device or devices immediately shall
constitute a ground for discontinuing water service to the premises
until such device or devices have been properly installed.
As used in this article, the following terms
shall have the meanings indicated:
An acceptable air gap, reduced pressure zone device or double-check
valve assembly as used to contain potential contamination within a
facility. In order for the reduced pressure zone or the double-check
valve assembly to be acceptable it must be listed on the most current
version of the New York State Department of Health List of Acceptable
Devices.
One in which substances are present, which if introduced
into public water supply system could be a nuisance to other water
customers, but would not adversely affect human health. Typical examples
of such substances are food-grade dyes, hot water, stagnant water
from fire lines in which no chemical additives are used, etc.
The unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet supplying water
to a tank, plumbing fixture or other device and the flood level rim
of said vessel. An approved air gap shall be at least double the diameter
of the supply pipe, measured vertically, above the top of the rim
of the vessel; and in no case less than one inch.
Accepted by the Town of Albion Water Department as meeting
an applicable specification stated or cited in this article or as
suitable for the proposed use.
Any water supply on or available to the premises other than
the Town of Albion's approved public water supply. These auxiliary
waters may include water from another purveyor's potable water supply
or any natural source(s) such as a well, spring, river, stream, lake
or pond, etc., or use waters. These waters may be contaminated or
they may be objectionable and constitute an unacceptable water source
over which the water purveyor does not have sanitary control.
A flow condition, induced by a differential in pressure,
that causes the flow of water or other liquids and/or gases into the
distribution pipe of the Town of Albion supply system from any source
other than its intended source.
That individual or firm approved to accomplish the necessary
inspections and operational tests of backflow prevention devices.
The presence in water of a substance that tends to degrade
its quality.
A water user served by the supply system.
The piping used to convey water supplied by the Town of Albion's
supply system throughout a customer's facility. They system shall
include all those parts of the piping beyond the control point of
the Town water systems. The control point is either the curb valve
or the main valve located in the public right-of-way that isolates
the customers facilities from the Town distribution system.
Whether a facility is rated as hazardous, aesthetically objectionable
or nonhazardous.
An assembly composed of two single, independently acting
check valves, including tightly closing shutoff valves located at
each end of the assembly and suitable connections for testing the
watertightness of each check valve.
One in which substances may be present which if introduced
into the public water system would or may endanger or have an adverse
effect on the health of other water customers. Typical examples: laboratories,
sewage treatment plants and pumping facilities, chemical plants, hospitals,
mortuaries, dry-cleaning and laundry facilities, automated car washing
facilities, etc.
One which does not require the installation of an acceptable
backflow prevention device.
The entire Town of Albion system, including the source, transmission
mains, distribution system and storage facilities serving the public,
whether or not in the Town of Albion. This includes the distribution
system up to its connection with the customer's water system.
A device containing a minimum of two independently acting
check valves, together with an automatically operated pressure differential
relief valve located between the two check valves. During normal flow
and at the cessation of normal flow the pressure between these two
check valves shall be less than the upstream (supply) pressure. In
case of leakage of either check valve, the differential relief valve,
by discharging to the atmosphere, shall operate to maintain the pressure,
between the checks at less than the supply pressure. The unit must
include tightly closing shutoff valves located at each end of the
device, and each device shall be fitted with properly located test
cocks.
Licensed water operators or Town Engineer of the Town of
Albion, or such other agency or professionals designated by the Town
Board.
A.
The customer's water system shall be open for inspection
at all reasonable times to authorized representatives of the Town
of Albion.
B.
The Water Department and/or Town Engineer shall rate
a customer's water system according to its degree of hazard to the
public water supply system. Some of the factors to be considered are
the use, availability of contaminants, the availability of an auxiliary
water supply and the type of fire-fighting system in use.
C.
An acceptable backflow prevention device shall be
installed on each service line to a customer's water system at or
near the property line or immediately inside the building being served,
but in all cases, before the first branch line leading off the service
line as follows:
(1)
All new or replacement water services to one- or two-family
residential buildings will require installation of a residential dual-check
device immediately downstream of the water meter. The dual-check device
will be provided by the Water Department.
(2)
All new or replacement water services to multiple-family
(three or more units) residential buildings will require installation
of an acceptable backflow prevention device, the type of which is
dependent on the degree of hazard present. As a minimum residential
dual-check devices will be required. The backflow prevention device
will be provided by the customer.
(3)
All new or replacement water services to commercial
and industrial facilities will require the installation of an acceptable
backflow prevention device, the type of which is dependent on the
degree of hazard present as determined by the Water Department. As
a minimum, a double-check valve assembly will be required. The backflow
prevention device will be provided by the customer.
(4)
Whenever a customer's water system is rated hazardous,
an acceptable reduced pressure zone device or air gap shall be installed.
(5)
Whenever a customer's water system is rated aesthetically
objectionable, as a minimum, an acceptable double-check valve assembly
shall be installed.
D.
The design of the installation of an acceptable backflow
prevention device must be prepared in accordance with New York State
laws and regulations. The design must be approved by the Water Department
and all agencies required by the applicable New York State and Town
of Albion laws and regulations.
E.
It shall be the duty of the customer at any premises
where backflow prevention devices are installed, except residential
dual-check devices, to have certified inspections and operational
tests made at least once a year. In those instances where the Water
Department deems the hazard to be great enough, it may require certified
inspections at more frequent intervals. Certified inspections and
operational tests must also be made when any backflow prevention device
is to be installed, repaired, overhauled, or replaced, in addition
to the requirement of an annual certified inspection at the expense
of the customer and shall be performed by the device manufacturer's
representative, witnessed by the Town of Albion representative, or
by a certified tester approved by the New York State Health Department.
The Town of Albion shall provide addresses and telephone numbers of
persons which are certified as testers for backflow prevention devices.
It shall be the duty of the Water Department to see that certified
inspection and operational tests of the backflow prevention devices
are made. The customer shall notify the Water Department in advance,
in writing, when the tests are undertaken so that the Department's
representative may witness the test if it is so desired.
F.
All presently installed prevention devices which do not meet the requirements of this section but were approved devices for the purposes described herein at the time of installation and which have been properly maintained shall, except for the inspection and maintenance requirements under Subsection E, be excluded from the requirements of these rules so long as the Water Department is assured that they will satisfactorily protect the utility system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or constitutes a hazard to health, the unit must be replaced by a backflow prevention device meeting the requirements of this section.
G.
No water service connection to any customer's water
system shall be installed or maintained by the Town of Albion unless
the water supply is protected as required by state laws and regulations
and this article. Service of water to any premises shall be discontinued
by the Town of Albion Water Department if a backflow prevention device
required by this article is not installed, tested, and maintained,
or it is found that a backflow prevention device has been removed
or bypassed. Service will not be restored until such conditions or
defects are corrected.
H.
Nothing in this article shall prevent the Town of
Albion or its designated agents from taking such steps as it considers
necessary to protect the public health and safety in the case of a
public emergency; with or without prior notice to the customer.
A.
A violation of the provision of § 99-27 of this article is a misdemeanor punishable by a fine not to exceed $1,000 for any one case, to be recovered in an action or proceeding brought by the Attorney for the Town of Albion in a court of competent jurisdiction. Each day of a continuing violation shall be subject to a separate such fine, imprisonment or civil penalty.
B.
The Attorney for the Town of Albion may maintain an action or proceeding in the name of the Town of Albion in a court of competent jurisdiction to compel compliance with this article or restrain by injunction any violation of this article, notwithstanding the provisions of Subsection A hereof for a penalty or other punishment.
C.
Where any violation of this article causes expense
to the Town of Albion such violation may also be punishable by a civil
suit against the violator, brought by the Attorney for the Town of
Albion in the name of the Town of Albion in a court of competent jurisdiction,
to recover such additional cost.
