As used in this article, the following terms shall have the meanings indicated:
Any individual or individuals, any partnership, company or corporation.
[HISTORY: Adopted by the Town Board of the Town of Niskayuna as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-4-1934]
The Superintendent of Water or any other employee designated by the Town Board may enter and must be permitted to enter upon any premises where water is being supplied or upon any premises when application is made for a permit to connect plumbing with the water pipes for the purpose of inspecting the plumbing and fixtures of the water service and all work in connection with such service.
A.
Water may be shut off by the Superintendent of Water acting on behalf of the Town Board or any other authorized agent of the Town Board from any service or main for the purpose of making or constructing new work or making repairs in the water system.
B.
Any person who shall turn on such water supply without permission of the Superintendent of Water or such other authorized agent of the Town Board shall be liable to a penalty as hereinafter provided for.
[Amended 7-16-1957; 6-6-1989]
Lawn and garden watering, automobile washing and other outside use of water, from May 1 up to and including October 31 of each year, shall be allowed only during such hours as shall be designated by the Superintendent of Water, Sewer and Solid Waste. The Superintendent of Water, Sewer and Solid Waste shall have the authority to promulgate rules and regulations otherwise restricting, limiting or banning the outside use of water within the Town.
No person shall supply water in any manner or through any fixtures or devices whatever to the occupants of neighboring premises of any description except by special written permit from the Superintendent of Water.
[Amended 5-15-2001 by L.L. No. 4-2001; 11-20-2014 by L.L. No. 5-2014]
The owner of property into which water is introduced by a service pipe will be required to maintain in perfect order, at his own cost and expense, said service pipe from the street main to his own premises, excluding the corporation stop. Any leakage at the property owner’s point of connection to the corporation stop, including the service-to-corporation connection fitting, shall be the property owner’s responsibility, including all fixtures provided for delivering or supplying water for any purpose. The curb box must be kept in a serviceable condition and must be kept in view, with the top level with the finished grade at all times. If said service and fixtures are not kept in repair, the water may be shut off from the premises until the requirements of this rule are complied with; or the Superintendent of Water may make the necessary repairs to conform to this rule and charge the cost to the owner of the property at which this rule is violated, collect such cost from the owner of the property, and shut off the water from said property until the charges are paid.
Water will be supplied to builders or contractors as such for construction purposes only upon application to the Superintendent of Water or to such other authorized agent as the Town Board may designate and receive a permit therefor in writing. Permits under this rule shall terminate on November 1 each year and may be revoked at any time by the Superintendent of Water or by the Town Board. No person shall use water or make connections to hydrants without a permit.
A.
All water shall be measured through meters furnished and installed by the Town for and on behalf of the several water districts. Upon application for water, there shall be paid to the Town of Niskayuna for tapping the main, including corporation cock, curb cock and curb box and for water meter, including installation, a reasonable charge therefor to be determined by the Superintendent of Water at the time of installation.
B.
Title to the meter shall remain in the water district in which the premises is located, the above fee being the rental for the use of said meter in keeping the same in repair. Said water district shall keep all meters in repair without cost to the consumer, except for such repairs as are made necessary by the negligence of the consumer, such as hot water damages, freezing, mechanical injury, etc. No consumer shall be entitled to any refund whatsoever on account of rentals paid for the use of meters.
All special bills and charges for services rendered, materials sold or expenses incurred by said Town for and on behalf of the water districts in connection with the enforcement of any of the provisions of this chapter must be paid to the Supervisor of the Town for and on behalf of the respective water districts concerned within 30 days after the bill is rendered.
[Amended 9-3-1996 by L.L. No. 6-1996]
A.
Applicability. All street hydrants are under the control of the Superintendent of Water or such other authorized agent of the Town. No person, other than in an emergency, shall use a wrench for opening hydrants except a wrench furnished by the Superintendent of Water or other authorized agent for that purpose. No person, except emergency service personnel, an authorized agent or the Superintendent of Water or a person holding a written permit signed by the Superintendent of Water or his designee, shall disturb any hydrant or any part thereof or take any water therefrom under any circumstances whatsoever, and any person who violates this provision shall be liable to a penalty as provided for herein and, in addition thereto, shall pay to the Superintendent of Water, on behalf of the water district involved, any damage done to said hydrant or the cost of restoring the same to its proper condition.
B.
Permit required. No person, firm or corporation, other than emergency service personnel, may open any street hydrant without first obtaining a permit from the Superintendent of Water or his designee for each occurrence. Applicants for a permit under this section must file an application at least 24 hours prior to the occurrence.
C.
Permit fee. The application for a permit shall be accompanied by a fee established by resolution of the Town Board.
D.
Permission to open. All persons, except emergency service personnel, wishing to open a Ludlow hydrant must be accompanied by the Plumbing Inspector, Water Maintenance Supervisor or Public Works Inspector who may then issue authorization to operate other brand hydrants. Permission to open a hydrant will only be granted to a person who has been observed operating the hydrant in a proper manner and does not run to the contractor.
E.
Billing for water. All persons drawing water from a hydrant, except emergency service personnel, must obtain an agreement with the Town as to the gallons to be drawn prior to the occurrence. Failure to prenotify will result in the issuance of an estimated water bill.
F.
Penalty. Any person, firm or corporation who shall fail to comply with the applicable provisions of this section shall be guilty of a violation, which shall be punishable by a fine of $500. Each day that a violation continues shall be deemed a separate offense.
G.
Obstructions. No person shall place any obstruction that will prevent free access to any fire hydrant.
Valves shall be operated by duly authorized agents only. No person, except an employee of the Town or the Superintendent of Water or the corporation or water company supplying the water, shall open, close or in any way interfere with any valve or gate in any water main, conduit or street pipe.
Any person who has disturbed or displaced a valve box so that the valve stem cannot be reached by a key or who had covered the valve box or a manhole cover of a valve chamber with dirt, paving, plank or other material shall immediately replace the valve box and remove the obstruction.
The Town Board shall make and establish from time to time water rates to be paid by inhabitants and consumers in the various water districts within the Town and may provide for the payment of said water charges in advance. If water rents are not paid within 30 days of the receipt of a bill for the same, said unpaid water charges shall be subject to a penalty not exceeding 10% of the amount due. In the event that the Town Board shall deem it necessary in order to enforce the collection of water rents, it may elect and determine that the supply of water shall be cut off and the use of district water discontinued as to all persons or corporations that shall be in arrears in the payment of said rents, together with the penalty thereon, as hereinbefore provided, for the period of one year after the same shall become due and payable. If said Town Board shall elect to cut off the supply of water, it shall cause to be served upon the person or corporation so in arrears a written notice to the effect that they are in arrears and that their water supply shall be cut off unless, within 15 days after service of such notice, such water rents and penalty are paid in full. Upon the expiration of such 15 days, it shall be the duty of the Superintendent of Water or such other authorized agent as the Town Board may designate to forthwith cut off the water supply of the persons or corporations failing to comply with such notice by omitting to pay their water rents so in arrears, together with the penalties thereon. Where the supply of water shall have been discontinued and shut off, the water shall remain shut off until said water rents and penalties are paid. In any case where water is thus shut off, a minimum charge of $2 will be made before the water is turned on. All water charges shall be a lien upon the real property upon which or in connection with which the water is used. The Town Clerk shall annually file with the Town Board a statement showing the unpaid water charges in the respective districts. Such statement shall contain a brief description of the property upon which the water was used, the names of the persons or corporation liable to pay for the same and the amount chargeable to each. The Supervisor shall transmit such statement to the Board of Supervisors of the County at its next regular meeting, and such sums against the property liable shall be levied and collected in accordance with the provisions of the Town law relating thereto.
No person or persons, without permission of the Superintendent of Water or other authorized agent of the Town, shall turn on any water service which has been shut off by the Superintendent of Water or such other authorized agent.
[Added 6-4-1991]
A.
Automatic lawn-sprinkling systems shall not be installed within the Town of Niskayuna without first obtaining a permit from the Water Department.
B.
The application for the permit shall be in such a form as shall be approved by the Water Department. A sketch plan of the proposed sprinkler system shall be included and approved by the Water Department prior to issuance of a permit or commencement of any work.
C.
The permit may be issued to the property owner or the installer.
D.
All systems shall be equipped with a New York State approved backflow prevention device. After installation and prior to backfilling or burying of the system by the applicant, the Superintendent of Water, Sewer and Solid Waste, or his designee, shall make an inspection of the lawn-sprinkling system. Requests for inspection must be received 24 hours in advance of said inspection.
E.
No portion of the proposed automatic lawn-sprinkling system shall be installed within the right-of-way of any road or utility easement.
F.
Permit fees and inspection fees for the installation of residential and nonresidential lawn-sprinkling systems shall, from time to time, be set by the Town Board.
This article shall affect all water districts within the Town of Niskayuna. The affairs of Water District No. 2 being governed by Article 13 of the Town Law with District Commissioners, said district shall have and exercise such powers as relate in this chapter to the other water districts, and the powers conferred upon the Town Board by the Town Law relative to the other water districts not having District Commissioners are delegated herein by the Board to said District Commissioners of Water District No. 2, and said Water District No. 2 shall be governed in accordance therewith.
[Amended 6-6-1989]
A.
Any person violating § 215-4 of this article shall be guilty of a violation punishable by a fine of $25 for the first violation in any calendar year, $50 for the second violation in any calendar year and $100 for the third and any subsequent violation within any calendar year.
B.
Any person violating any other provision of this article shall be guilty of a misdemeanor punishable by a fine of up to $500 or such other penalty as may be imposed under the laws of the State of New York.
[Added 6-3-1986]
The provisions of this article and any rules or regulations enacted pursuant to this article, including sprinkling hours, shall be enforced by the employees of the Water and Sewer Department and Police Department of the Town of Niskayuna. Employees of those Departments are authorized to conduct inspections of premises and to issue warning notices and/or appearance tickets to individuals found to be in violation of this article.
[Adopted 7-17-1990 by L.L. No. 8-1990]
The purpose of this article is to:
A.
Protect the public potable water supply of the Town of Niskayuna from the possibility of contamination by isolating within its customer's internal distribution system or its customer's private water system such contaminations or pollutants which could backflow into the public water supply system.
B.
Comply with the requirements of the New York State Sanitary Code 5-1.31.
A. AIR GAP SEPARATION APPROVED CHECK VALVE APPROVED DOUBLE-CHECK VALVE ASSEMBLY APPROVED REDUCED-PRESSURE PRINCIPAL BACKFLOW PREVENTION DEVICE APPROVED WATER SUPPLY AUXILIARY WATER SUPPLY COMMISSIONER CONSUMER CONTAMINATION CROSS CONNECTION NONTOXIC SUBSTANCE PERSON PREMISES PROTECTIVE DEVICE SERVICE CONNECTION TOWN TOWN WATER SUPPLY TOXIC SUBSTANCE
For the purpose of this article, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:
A physical break between a supply pipe and a receiving vessel. The air gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, and in no case less than one inch.
A check valve that seats readily and completely. It must be carefully machined to have free-moving parts and assured watertightness. The face of the closure element and valve seat must be bronze, composition or other noncorrodible material which will seat tightly under all prevailing conditions of field use. Pins and bushings shall be bronze or other noncorrodible, nonsticking material, machined for easy, dependable operation. The closure element (e.g., clapper) shall be internally weighted or otherwise internally equipped to promote rapid positive closure in all sizes where this feature is obtainable.
An assembly of at least two independently acting approved check valves, including tightly closing shutoff valves on each side of the check valve assembly and suitable test cocks, plus connections, available for testing the watertightness of each check valve.
A device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, two shutoff valves, and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two check valves, less than the pressure on the public water supply side of the device. At cessation of normal flow, the pressure between the check valves shall be less than the supply pressure. In case of leakage of either valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. To be approved, these devices must be readily accessible for maintenance and testing and installed in a location where no part of the device will be submerged.
Any water supply approved by or under the public health supervision of a public health agency of the State of New York, City of Schenectady or the Town of Niskayuna. In determining what constitutes an "approved water supply," the Department of Public Health of the State of New York (herein called the "State Health Department") shall have the final judgment as to its safety and potability.
Any water supply on or available to the premises other than the Town water supply.
The Commissioner of Public Works of the Town of Niskayuna, or his authorized representative.
Any person to whom water is sold and furnished from the Town of Niskayuna.
An impairment of the quality of the Town water supply by the presence of any foreign substance (organic, inorganic, radiological or biological) to a degree which creates a hazard to the public health.
Any unprotected connection between any part of the Town waterworks system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as safe, wholesome and potable for human consumption.
Any substance of a nonpoisonous nature that may create a moderate or minor hazard to the water supply system.
Any natural person, firm, association, organization, partnership, trust or association or persons, joint venture, corporation or company and includes the United States, the State of New York, the County of Schenectady, any special purpose district and any officer or agent thereof.
Intergrated land area, including improvements thereon, undivided by public thoroughfares or water distribution mains of the Town of Niskayuna and where all parts of the premises are operated under the same management and for the same purpose.
Any of the following devices:
The terminal end of a service connection from the Town water supply at its point of delivery to the consumer. If a meter is installed, "service connection" means the downstream end of the meter. No unprotected takeoffs from the service line ahead of any meter or backflow protective device located at the point of delivery to the consumer shall be permitted.
The Town of Niskayuna.
Approved water supply sold and delivered to consumers' premises through the waterworks system of the Town of Niskayuna.
Any substance (liquid, solid or gaseous), including raw sewage and lethal substances, that when introduced into the water supply system creates or may create a danger to the health and well-being of the consumer.
B.
"Shall" is mandatory; "may" is permissive.
A.
Auxiliary water supply. Each service connection from the Town water supply for furnishing water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the Town water supply.
(1)
If the auxiliary water supply is handled in a separate piping system with no known cross connection, the Town water supply shall be protected by an approved double-check valve assembly installed at the service connection to the premises. When the auxiliary water supply may be contaminated, the Commissioner may order the Town water supply protected by an air gap separation or an approved reduced-pressure principal backflow prevention device installed at the service connection to the premises. When the auxiliary water supply may be contaminated, the Commissioner may order the Town water supply protected by an air gap separation or an approved reduced-pressure principal backflow prevention device installed at the service connection.
(2)
If the auxiliary water supply is handled in a separate piping system and cross connections are known to exist between the Town water supply and the auxiliary water supply which cannot presently be eliminated, the Town water supply shall be protected by an approved reduced-pressure principal flow prevention device installed at the service connection to the premises. When the auxiliary supply may be contaminated, the Commissioner may order the Town water supply protected by an air gap separation installed at the service connection.
B.
Toxic or hazardous substances. Should a facility be rated hazardous, a reduced-pressure zone device would be required independent of a separate system handling the auxiliary water system. We would also require a reduced-pressure zone device if the facility were rated "nonhazardous" and the auxiliary water system did not meet the water quality requirements of the Sanitary Code.
C.
Nonhazardous substances. At the service connection to any premises on which a substance that would be objectionable (but not necessarily hazardous to health) if introduced into the Town water supply is handled in such a manner as to constitute a cross connection, the Town water supply shall be protected by an approved double-check valve assembly.
D.
Nonhazardous to hazardous. In the event that a facility is rated nonhazardous and on such a date becomes hazardous, notification of at least 30 days shall be given to the Commissioner before the change takes place. Protection by the use of a protective device as required on hazardous substances must be installed.
E.
Sewage treatment plant and pumping stations. At the service connection to any sewage treatment plant or sewage pumping station, the Town water supply shall be protected by an air gap separation. The air gap shall locate as close as practicable to the service connection, and all piping between the service connection and receiving tank shall be entirely visible. If these conditions cannot be reasonably met, the Town water supply shall be protected with an approved reduced-pressure principal backflow prevention device, provided that this alternative is acceptable to the Commissioner. A final decision in this matter shall be made by the State Health Department.
F.
Fire system. At the service connection to any premises in which a fire protection system is installed, the Town water supply shall be protected based on the water source and arrangement of supplies in accordance with the following classifications:
(1)
Class 1.
(a)
Source: direct connection from public water mains only; no pumps, tanks or reservoirs; no physical connections from auxiliary water supplies; no antifreeze or other additives of any kind; all sprinkler drains discharging to atmosphere, dry wells or other safe outlets.
(b)
Protection: single-check valve assembly if not already installed in the system.
(4)
Class 4.
(a)
Source: directly supplied from public mains similar to Classes 1 and 2 and with an auxiliary water supply on or available to the premises; or an auxiliary supply may be located within 1,700 feet of the pumper connection.
(b)
Protection: air gap or reduced-pressure principal backflow prevention device.
(5)
Class 5.
(a)
Source: directly supplied from public mains and interconnected with auxiliary supplies, such as pumps taking suction from reservoirs exposed to contamination, or rivers and ponds; driven wells; mills or other industrial water systems; or when antifreeze or other industrial water systems; or where antifreeze or other additives are used.
(b)
Protection: air gap or reduced-pressure principal backflow prevention device.
G.
Lawn sprinkling systems. At the service connection to any permanently installed lawn sprinkling system, the Town water supply shall be protected by an approved double-check valve assembly. If the lawn sprinkling system handles liquid fertilizers or other chemicals, the Town water supply shall be protected by an approved reduced-pressure principal backflow prevention device.
It shall be the responsibility of each consumer, at his own expense, to furnish, install and keep in good working order and safe condition any and all protective devices required in this chapter. The Town shall not be responsible for any loss or damage directly or indirectly resulting from or caused by the improper or negligent installation, operation, use, repair or maintenance of, or interfering with, any protective device by any consumer or any other person.
Whenever two or more conditions exist on any premises for the correction of which different protective devices are required in this chapter, the consumer shall be required only to install the protective device which, in the opinion of the Commissioner, affords the maximum protection to the Town water supply.
The consumer on whose premises any protective device is installed shall have each such device inspected annually. If successive inspections disclose repeated failures in the operation of any device, the Commissioner may require more frequent inspections. Each device shall be repaired, overhauled or replaced at the expense of the consumer whenever it is found to be defective. Records of such tests, repairs and overhauls shall be kept and a copy of such records forwarded to the Commissioner on an annual basis. The Commissioner shall have the duty of determining that the inspections required herein are performed properly. If, following demand therefor, the consumer fails to have any of the inspections made as required herein or to make the above-described records available, the Commissioner shall have the right to inspect the device, and the consumer shall pay the cost thereof.
A.
No water service connection shall be installed on the premises of any consumer unless the Town water supply is protected as required by this chapter.
B.
Delivery of water to the premises of any consumer may be discontinued by the Commissioner if any protective device required by this chapter has not been installed, inspected, tested and maintained or is defective or has been removed or bypassed.
C.
Discontinuance of service.
(1)
Delivery of water shall be discontinued immediately and without notice to the consumer if the Commissioner determines that:
(2)
Delivery of water shall not be resumed until any protective device required by this chapter and approved by the Commissioner has been properly installed or until conditions at the consumer's premises causing the contamination or danger of contamination have been abated or corrected to the satisfaction of the Commissioner.
D.
Notification.
(1)
Except as provided in Subsection C, delivery of water shall not be discontinued until written notice thereof has been given to the consumer. The notice shall state:
(a)
The conditions or defects which must be corrected;
(b)
The manner in which the stated conditions or defects are to be corrected; and
(c)
The date on or after which delivery of water will be discontinued, and which shall not be less than 15 nor more than 90 days following the date of delivery or mailing of the notice. The Commissioner may grant the consumer an extension of an additional period not to exceed 90 days if he determines the consumer has exercised due diligence but has been unable to comply with the notice within the time originally allowed.
(2)
The notice shall be given by delivering the same to the consumer, the manager or agent thereof or to any person in charge of or employed in the place of business of the consumer or, if the consumer has no place of business, then at the place of residence of the consumer, if known, or by leaving the notice at either the place of business or the residence of the consumer. If the consumer cannot be found and service of the notice shall be mailed, postage fully prepaid, addressed to the consumer at the place of business or residence set forth in the application of consumer for water service in the records of the Town.
(3)
Once discontinued, delivery of water shall not be resumed until any protection device required by this chapter and approved by the Commissioner has been properly installed or until the conditions at the consumer's premises creating the need for a protective device have been abated or corrected to the satisfaction of the Commissioner.
For the purpose of making any inspections or discharging the duties imposed by this chapter, the Commissioner shall have the right to enter upon the premises of any consumer. Each consumer, as a condition of the continued delivery to his premises of water from the Town water supply shall be considered as having stated his consent to the entry upon his premises of the Commissioner for the purposes stated herein.
All presently installed prevention devices which do not meet the requirements of this chapter 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 § 215-23, be excluded from the requirements of these rules so long as the Commissioner is assured that they will satisfactorily protect the Town's water supply. Whenever the existing device is moved from the present location or requires more than minimum maintenance which constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this chapter.
A.
Violations. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any premises in violation of any provision of this chapter or to fail in any manner to comply with a notice, directive or order of the Commissioner of Public Works, Town Engineer, Superintendent of Water, Sewer and Solid Waste, the Town Building Inspector or the designee of any one of them, requiring compliance with this chapter.
B.
Penalties. Any person, firm or corporation who shall fail to comply with a written order of the Commissioner of Public Works, Town Engineer, Superintendent of Water, Sewer and Solid Waste, the Town Building Inspector or the designee of any one of them, within the time fixed for compliance therewith, and any person, firm or corporation who shall violate any of the applicable provisions of this chapter shall be guilty of a violation which shall be punishable by a fine of $500. Each day that a violation continues shall be deemed a separate offense.