[Adopted 10-7-1959; amended in its entirety 2-14-1973]
A.
A Board of Water Commissioners shall be constituted
to be composed of five members, one of whom shall be designated as
Chairman of the Board of Water Commissioners. The term of the Chairman
shall be two years and that of the members four years. Appointment
of the Chairman and two members shall be made by the Town Board at
the organization meeting of the Town Board held in January of the
year following the general town election. The Board of Water Commissioners
shall serve without salary.
B.
The Board of Water Commissioners shall hold monthly
meetings at a time to be designated by the Commissioners, but within
one week of and prior to the regular monthly Town Board meeting. The
Water Commissioners are to be held responsible to the Town Board for
the general operation of the Port Ewen Water District and to prepare
its annual budget and monthly reports to the Town Board. No change
in the rules and regulations of the Port Ewen Water District will
be made without the approval of the Town Board.
The Superintendent of the Water District shall
generally act as agent for the Board of Water Commissioners in the
issuance of permits, billing for service and inspection of work. All
money in payment for permits or services shall be paid to the Town
Clerk at the Town Hall, Port Ewen. In the case of permits for connections,
use of water for construction or the like, a receipt for any fees
stipulated, signed by the Town Clerk, must be in the hands of the
Superintendent of the Water District before work proceeds. The Superintendent
of the Water District and the Town Clerk shall report to the Board
of Water Commissioners at each regular meeting, covering work done
and money received.
All money received on behalf of the Port Ewen
Water District shall be deposited in the bank designated as the depository
of town funds.
Claims and charges against the district shall
be audited by the Board of Water Commissioners, submitted to the Town
Board and paid by the Supervisor.
[Amended 4-16-1981 by L.L. No. 5-1981]
No person or corporation shall use the water
supplied by the district for any purpose whatsoever without having
first obtained a permit upon written application therefor, after having
first paid the charges pertaining to the introduction of water to
the premises. No permit for water will be issued until the Superintendent
of the Water District receives written approval from the Building
Department. All applications for introduction of water to any premises
or for the use of water shall be made upon a blank furnished by the
district for such purpose and shall be signed by the owner or his
or her or its duly authorized agent. Such application shall contain
a statement of all uses for which water is desired. If usage beyond
that stated in the application occurs, the Water Commissioners will
assume that fraud was intended and may, at their discretion, bring
charges of such against the applicant, and a fine may be imposed.
Should it be found that the applicant misjudged the usage, the Water
Commissioners are empowered to make such adjustments and changes,
subject to the best interests of the Water District as a whole.
A.
No person shall make any attachment to or connection
with any of the pipes or mains of the district, nor make any repairs,
additions or alterations to the service pipes, except on the consumer's
side of the meter, unless he is an employee of the district or a person
or corporation authorized so to do by the Board of Water Commissioners.
A list of persons authorized shall be on file in the office of the
Town Clerk, Town Hall, Port Ewen.
B.
All persons authorized will be required to carry adequate
public liability insurance coverage, specifically protecting the Water
District and the Town of Esopus, in the minimum amount of $500,000/$1,000,000.
[Amended 4-16-1981 by L.L. No. 5-1981]
Any person or corporation may make application to the Board of Water Commissioners for the purposes set forth in § 120-6. The application shall be accompanied by a bond in such sum as shall be fixed by the Board of Water Commissioners in a minimum amount of at least $10,000. with one or more sureties acceptable to the Board, conditional that he, she or it will comply with these regulations, rules and ordinances, will pay to the district all fees, penalties or other charges required hereby in consequence of the work undertaken and that he, she or it will restore openings made in streets, roads, lanes and other public places and pavement thereon and therein, to the same standard of condition as before the work started, and keep and maintain the same in such condition for a period of one year after the work has been completed and, in case of failure so to do, will pay to the proper authority in the premises the cost of putting the same in such condition, or it may be arranged with the Superintendent of Highways to complete the restoration of the opening. The Board of Water Commissioners may, in its discretion, grant or deny such application. Such permission, so given, may be revoked by the Board of Water Commissioners at any time.
A.
No person shall tap any main or distributing pipe
or make or interfere with any connection with the water system unless
under the direction of and in the presence of the Superintendent or
unless he is an employee of the district or unless specific permission
in each case is given by the district, nor shall any person make any
alterations or additions in and about water pipes, other than on the
consumer's side of the meter, unless a written permit shall have been
given by the district upon written application therefor.
B.
A minimum fee of $100 shall be made for domestic taps
(3/4 inch). The Water Commissioners may charge an additional amount
if the tap is larger or of an unusual nature.
[Amended 1-1-1998]
A.
No street or public place shall be opened by any person
for the purpose of making a connection with the mains or for laying
of water pipe or fixtures unless permission shall have been granted
by the authority having jurisdiction therein.
B.
The Town Superintendent of Highways for town roads,
the County Superintendent of Highways for county roads and the State
Regional Highway Engineer for state roads, also the local Fire Department,
must be notified and necessary clearance obtained in writing.
C.
Whenever any street or public place shall have been
opened for the purpose of making a connection with the mains or for
the laying of water pipes or fixtures, the applicant shall have proper
regard for the public safety and convenience, and said street or place
shall be restored to its original condition as soon as practicable.
Open trenches shall be guarded with barricades, and sufficient warning
lights or flares shall be displayed at night.
A.
Service pipes shall be laid at least four feet below
the surface of the ground at all points. The curb cock shall be installed
within the property line. The meter shall be installed within the
building to be served, as close as practicable to the point where
the service pipe enters, unless otherwise directed or permitted by
the district, and shall be set with the inlet and outlet in a horizontal
line with the register on top and shall be so located as to be readily
accessible at all times for reading, inspection or repair. A stop
valve shall be provided within the building on the inlet side of the
meter. Provision shall be made to prevent hot water from reaching
the meter. No red or white lead or joint compound shall be used on
joints between the main and the meter. No tee or other fitting through
which water can be taken will be permitted on the service pipe between
the main and the meter. Meters may be set outside of buildings in
underground pits only by special permission of the district, and the
method of setting the meter shall conform to the directions which
will be furnished by the district for each specific instance.
B.
In the event that a change in ground elevation leaves
a service pipe insufficiently buried or results in the curb box projecting
above the ground or being covered with earth, the consumer shall promptly
lower or raise his service pipe and curb box to conform to the new
ground elevation. In case the consumer fails or neglects to make such
alterations promptly, the supply of water will be shut off until the
alterations are completed, and a service charge of $5 will be made
to cover the labor and expense of the district. Should it be necessary
for the Water District to make these necessary alterations, the resulting
expense, both labor and material, shall be added to the next water
bill and be paid in like manner as regular water charges.
C.
Only flared joints may be used between the main and
meter spud. Mains shall be buried no more than six feet below the
surface of the ground level at any point or section.
A.
Permanent water service shall be rendered by meter
only. In order that there may be a uniformity of make and design and
to give the greatest efficiency in operation and maintenance, all
meters shall be of such make and type and size as, from time to time,
may be approved by the Board, and shall be provided by the district.
B.
Service pipes and meters and the appurtenances thereto
shall be kept in good repair and protected from the frost by the consumer
at his own expense.
C.
[1]Where a water meter fails to register the correct quantity
of water delivered through it or where it otherwise becomes out of
order, notice thereof shall be given to the district. In the case
of residential users, another meter will be loaned to the consumer
while the original meter is not in use. Cost of repairs or necessary
replacement shall be borne by the Water District if found that such
breakdown is due to normal usage. Should a consumer complaint be found
to be unwarranted, then, in that event, the cost of removal, inspection
and replacement shall be at the consumer's expense. In such event,
the minimum fee to the consumer shall be $10. In the case of commercial
or industrial users, a spool piece may be inserted to allow for repair,
replacement or rebuilding of the meter. All costs for removal, shipping,
testing and repair shall be borne by the user. Notice as to the accuracy
of the new or rebuilt meter from a reputable meter company must be
given to the Water Department at the time the meter is reinstalled.
All water use charges for the period of time the meter is not working
properly or is removed from service shall be determined by taking
the total water consumption for the twelve-month period immediately
prior to the meter malfunction or removal and dividing this total
by four for quarterly charges or by 365 for daily charges.
[Added 3-14-1984 by L.L. No. 2-1984]
[1]
Editor's Note: Former Subsection C, which
pertained to water meters that fail to register the correct quantity
of water delivered, was repealed 3-4-1984 by L.L. No. 1-1984.
D.
Meters supplied by the district free of charge to
the consumer (residences) shall be no larger than three-fourths-inch
fitting. In cases where larger meters are necessary, as in commercial
use, then the consumer shall pay for the meter at the time of making
application for such water service. Such charge for this meter larger
than 3/4 inch shall be made to the consumer in an amount equal to
the cost of the meter to the district, plus shipping costs to the
Water District.
[Amended 4-16-1981 by L.L. No. 5-1981]
A.
In case a house or other building is to be closed
or become vacant, notice thereof should be given to the district in
order that the meter may be read and the curb cock closed. Where such
notice is not given and pipes burst from freezing or other cause,
the value of water lost by reason thereof, as estimated by the District
Superintendent, together with the additional sum of $10 to cover labor
and expense to the district, shall be added to the next bill and be
paid in like manner as regular water charges. If an owner's name is
removed from the Water District ledger, a ten-dollar reinstallation
charge will be made and collected before the water is turned on and
the meter reinstalled.
B.
When, for any reason, a service line to a property
is to be abandoned, the property owner shall notify the Water District
immediately. The owner shall then have such service line disconnected
at the main and the corporation stop shut off. The disconnection of
the service line shall be done only under the supervision of the Water
District.
A.
Where a new connection is made with street mains and
where new extensions or attachments are made in unoccupied houses,
the curb cock shall be closed by the person making the connection,
extension or attachment. Notice of the completion of the work shall
be given to the district, and the curb cock shall not again be opened
until the work has been inspected and approved by the district and
the meter read. Pipes and connections between the main and meter shall
not be covered until so inspected and approved.
B.
No new construction shall create dead ends, unless
circumstances warrant it with the permission of the Water Board.
A.
Each service shall be provided with a corporation
cock, curb cock and box and service pipe from the street main to a
point within the property line. The curb cock and box shall be located
as designated by the Superintendent of the Water District. The service
shall be installed by the property owner or his agent and maintained
by the property owner.
B.
The service pipe and fittings and the meter settings
shall be of a make, size and pattern determined by the Water District.
A.
No person or persons shall open a fire hydrant or
draw water therefrom except the Superintendent of the Port Ewen Water
District and persons under his direction or with his permission, except
in case of fire, when the Chief of the Fire Department, his assistants,
officers and members of the Fire Department shall have free and entire
control of the hydrant for the purpose of extinguishing fires.
B.
No person or persons except the Superintendent and
employees under his direction shall open or close any valve or gate
in any water main or street pipe or in any manner interfere with or
obstruct the same.
Where water has been turned off by direction
of the district, it shall not be turned on without permission of the
district.
A.
The following charges for water service are hereby
established:
[Amended 7-9-1975]
(1)
Twelve dollars minimum charge for zero to 4,000 gallons.
[Amended 1-9-1980; 12-8-1993]
(2)
Two dollars and seventy-six cents per thousand gallons
for all usage beyond 4,000 gallons.
[Amended 1-9-1980; 12-8-1993; 1-1-1998]
(3)
All water supplied for the purpose of building, filling
cisterns and like purposes shall be at the rate of $0.75 per 1,000
gallons, with a two-dollar minimum.
B.
For purposes not named in the aforesaid schedule and
for special circumstances, special assessments or contracts for the
use of measured or estimated water may be made by the Superintendent
with the approval of the Board of Water Commissioners.
C.
Meters will be read at the end of each quarter. Individuals
renting and not owning properties in which they reside and who are
customers of the Water District will be required to make a deposit
for two quarters at the minimum rate in advance prior to obtaining
water service. This deposit will be refundable when water service
is terminated.
D.
It is the responsibility of the property owner or
landlord to notify the Water Department of any changes of occupancy.
E.
Apartment developments or other complexes serviced with one meter shall be subject to the same rules applying to multiple dwellings in § 120-20.
F.
Buildings with sprinkler systems shall pay, in addition
to charges listed above, a minimum of $100 per year for each six-inch
main and $200 per year for each eight-inch main.
G.
The foregoing schedule of rates is subject to changes
as from time to time may be adopted by the Board of Water Commissioners.
H.
All persons, firms or corporations requesting water
service shall pay an initial hook-up fee to the Port Ewen Water District.
[Added 6-11-1986 by L.L. No. 3-1986]
(1)
The fee shall be set from time to time by resolution
of the Town Board.
(2)
The Port Ewen Water District shall not make or allow
any connection to be made unless the owner shall simultaneously pay
the hook-up fee.
(3)
The initial hook-up fees shall be deposited in a special
account to be used solely for capital improvements in the Port Ewen
Water District.
[1]
Editor's Note: See also § 76-2B(1).
Bills for water service shall become due and
payable to the district, and such payment shall be paid to the Town
Clerk at the Town Hall office quarterly. The bills are due when presented.
A penalty of 10% shall be charged on all bills 30 days overdue. The
Board of Water Commissioners may order service discontinued to consumers
60 days in arrears. If the service is discontinued for arrears in
payment, the service will not be restored until the amount due for
water, plus the ten-percent penalty, plus the sum of $10 to cover
the expense of discontinuance and restoration of service, is paid.
Water rents, charges and penalties thereon shall
be a lien upon the real property on which water is used. The Water
Superintendent shall prepare and file with the Supervisor a statement
showing all water rents and charges, with penalties thereon, unpaid
for more than 60 days. This statement shall contain a brief description
of the property to which the water was supplied or upon which charges
were incurred and the name of the property owner liable to pay the
same, for the purpose of levying the same as a tax against the property.
A.
Each dwelling, house trailer or building, or part
thereof having unrelated occupancy or distinctive use, shall have
a separate meter.
B.
However, where a dwelling is a multiple dwelling and
the landlord supplies water to tenants, one meter shall be considered
ample. It shall be at the discretion of the Water Commissioners whether
such multiple dwellings shall be considered commercial and whether
three-fourths-inch service is in order.[1]
[1]
Editor's Note: The original last paragraph
of this section, concerning proration of bills, was repealed 7-9-1975.
The Superintendent of the district or his authorized
agents shall have full power to enter the premises of any consumer,
at all reasonable hours, to read meters or to examine fixtures, plumbing
and manner of using water.
In all places where steam boilers or hot water
tanks are supplied with water from the water system, the responsibility
rests with the owner or consumer to see that the plumber places a
suitable safety valve, vacuum valve or other proper device to prevent
damage from collapse or explosion when water is shut off. The district
shall not be liable for any damage resulting from sudden shutting
off of the supply of water from any steam boiler or other fixture
deriving its supply from the water system.
The district reserves the right to limit the
amount of water furnished to any consumer should circumstances seem
to warrant such action, although no limit may be stated in the application
or permit for use; or said district may entirely shut off the water
supply used for any manufacturing purposes or for furnishing power
or for lawn sprinkling at any time by giving reasonable notice of
such intended action; or, in case of making or constructing new work
or in making repairs or in an emergency, the right is reserved to
shut off the water to any consumer without notice for as long a period
as may be necessary.
The district shall not be liable for any damage
or loss of any name or kind to property or persons which may arise
from or be caused by any change, diminution in or increase of water
pressure from any cause whatever.
All air-conditioning units using circulating
water will be required to be so equipped that the initial supply of
water may be recirculated through the unit.
A.
All service pipes, from 3/4 inch to and including
two inches, between the main and the curb stop shall be domestic Type
K soft copper tubing. The minimum size of service from the main to
the premises shall be 3/4 inch. All services three inches and above
shall be cast-iron or ductile iron pipe, cement-lined to conform to
the standards of the Port Ewen Water District for its mains.
B.
All service pipes to any premises shall be laid at
least four feet below the surface of the grade lines of the street
and shall extend at right angles from the street main to the inside
of the curbline where a curb cock shall be attached and valve box
placed.
C.
There shall be a stop and waste valve placed on every
supply pipe just inside the building or collar.
D.
Every connection or service pipe must be laid with
not less than six inches slack, such slack to not be more than two
feet from the main, and in such a manner as to prevent rupture from
settlement.
E.
No service application will be granted for any premises
or property, including trailers, which is not served by approved types
of sanitary facilities.
G.
No application for water service will be granted for
any premises or property which cannot comply with the foregoing provisions.
The installation of so-called private waterlines is prohibited.
Whenever any of the provisions of these rules
and regulations and this article are violated, the Board of Water
Commissioners may order the Superintendent of Water to shut off the
water and remove the meter. In case of leakage causing wastage of
supply, the Superintendent may, in his discretion, act before consulting
the Board of Water Commissioners.
[Amended 4-16-1981 by L.L. No. 5-1981]
A.
Any violation of the rules, regulations and provisions
of this article is hereby declared to be an offense, punishable by
a fine not to exceed $250 or by imprisonment not to exceed 15 days,
or by both said fine and imprisonment.
B.
Any willful act whereby the said Port Ewen Water District
or any property, apparatus or appliances pertaining thereto shall
be injured or the supply of water obstructed, impaired or made less
pure shall be deemed a violation, punishable as provided for in the
first subsection of this section.
The right is reserved to change and amend these
rules and regulations and this article to make special rates, variations
and contracts in all proper cases or to turn off the water supply
without notice in case of extensive repairs or other necessity without
liability for damages for lack of water or for any damage which may
result from the turning off of the water supply. Every effort will
be made by the Water Superintendent to notify affected areas of such
work, and he will use whatever means he feels the situation warrants.
