[HISTORY: Adopted by the Town Board of the Town of Caledonia 6-8-1995 by L.L. No. 2-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 54.
Subdivision of land — See Ch. 113
It is the purpose of these rules and regulations to provide for a fair charge to the water customers of the Caledonia water districts. The charges shall be based upon the costs of water from the Village of Caledonia or other sources, equipment and services rendered to the water districts.
The Town Board of the Town of Caledonia in the County of Livingston does hereby enact these rules and regulations which shall supersede any previous rules and regulations affecting the water districts. The rules and regulations shall also apply to municipalities to which services are supplied by the Town of Caledonia.
A. 
The Town of Caledonia reserves the right, at any time, without notice, to shut off the water in mains for the purpose of making repairs or extensions or for other purposes. The Town shall not be liable for any loss, cost or expenses arising from an interruption or failure in the supply of water or from an increase or deficiency in water pressure or from the bursting or breaking of any main or service pipe or any attachment to the Town's property or for any damages caused thereby.
B. 
The Town makes no guaranty that its water will be free at all times of rust or other nontoxic impurities. Any property owner or occupant, either residential, commercial or industrial, who requires water of high purity, is responsible for the installation and expense of any necessary filters or treatment equipment.
The Town reserves the right to restrict, curtail or prohibit the use of water for any purpose upon the determination of the Town Board that such action is essential to the protection of the public health, safety and welfare as in periods of drought or other emergency.
All pipes, meters and fixtures shall, at all reasonable hours, be subject to inspection by the Town of Caledonia.
A. 
All materials and installations will be governed by the New York State Health Code, the Town codes, all other laws, ordinances, rules and regulations, where applicable, and the general specifications as prepared by the Town Engineer, where applicable.
B. 
All meters and related equipment are to remain the property of the Town of Caledonia during their use. No one other than the Town of Caledonia shall install or remove a meter or reader.
C. 
All meter sizes shall be determined by the Town of Caledonia.
D. 
Pipe size from customer right-of-way to the meter and related equipment shall be one inch. Pipe material shall be copper.
A. 
Application for a connection to the water mains of the Town and/or for water service shall be made to the Town, in writing, by the owner of the premises for which services are desired or by his duly authorized agent. The applicant shall furnish maps or drawings or further information as may be required by the Town. No connection or service shall be provided until the applicant has complied with the rules and regulations.
B. 
A separate application shall be made for each premises or part thereof to which water service is to be separately metered. A new application must be made on any change in ownership at the premises to which service is furnished or in the type of service furnished as described in the existing application.
C. 
The receipt of an application shall not obligate the Town to provide or perform the service requested. The Town shall not be obligated to extend a main in any street. On acceptance of the application by the Town, the applicant shall become a customer of the Town of Caledonia and shall be responsible for payment for all applicable rates and charges and shall comply with the rules and regulations of the Town of Caledonia.
No water services shall be provided unless the Town of Caledonia determines that proper and technically appropriate water service connections exist at the premises to be served for the type of services desired.
A. 
Whenever a new tap to a Town main is required, the Town shall install a tap, corporation stop, curb stop and box, and piping from the corporation stop to the curb stop, upon payment of the requisite fees. All other installation of water service connections is the responsibility of the owner.
B. 
A separate curb box and curb stop outside the building shall be required for each premises or part thereof where the water delivered is to be individually metered to a customer.
C. 
The service shall be turned on only after an inspection by the Town of Caledonia personnel.
If a seal on a valve, meter or other fitting is broken, it shall be presumptive evidence that the water consumption has not been properly registered on the meter. If the seal is broken, it shall be resealed by the Town of Caledonia, and the property owner shall be charged a fee for resealing. No fee shall be charged if the seal was broken accidentally and the Town of Caledonia is notified promptly.
The owner shall be responsible for the maintenance and repair of the water service connection and all distribution lines and apparatus beyond the curb stop and shall be liable for any loss, cost or expense arising from its use, including but not limited to the malfunction or improper installation or design of said connection or facilities. Any person who performs water service maintenance, repair or installation work will be held liable for the violation of these rules and regulations of the water district.
A. 
When leaks occur in the service pipes at any point beyond the curb stop, including the ferrule or tap (private water distribution systems and/or private fire hydrants), they must be repaired by the owner of the premises or his duly authorized agent. If such leaks are not repaired by such person within 24 hours after notice of leaks by the Town, water service to such premises shall be shut off until the leaks are repaired; and, if repaired by the Town, the expense incurred shall be charged against the owner of the premises, to be collected with the next bill for supply of water that shall become due, and any failure to pay such charges shall be treated as a failure to pay water-use charges.
B. 
Owners may enter into an agreement with the Town for the maintenance of hydrants and hydrant guard valves located on private property. Copies of said agreements shall be available for inspection at the Town of Caledonia offices during regular business hours.
A. 
Cross-connections are hereby prohibited. In addition to the penalty imposed for such violation, the customer shall be liable for any loss, cost or expense arising from the prohibited cross-connection.
B. 
Upon the determination of the existence of potential cross-connections, the Town shall deliver written notice thereof to the person causing the condition, which notice shall contain an order requiring said customer to install backflow prevention devices within a reasonable time specified in the notice. A licensed professional engineer or registered architect shall sign and seal the design and supervise the installation of said devices. Such devices and installations shall be subject to the requirements of all applicable codes, ordinances and laws. In addition to the penalty imposed for such violation, the customer shall be liable for any loss, cost or expense arising from the prohibited cross-connection.
Upon the determination of the existence of water hammer, the Town shall deliver written notice thereof to the person causing the condition, which notice shall contain an order requiring said customer to install water hammer elimination devices within a reasonable time specified in the notice. A licensed professional engineer or registered architect shall sign and seal the design and supervise the installation of said devices. Such designs and installations shall be subject to the requirements of all applicable codes, ordinances and laws. In addition to the penalty imposed for such violation, the customer shall be liable for any loss, cost or expense arising from the prohibited water hammer.
The Town may refuse service to any customer where there exists any condition on the premises and/or in the water service connection which may be detrimental to the Town's water supply. Such conditions include but are not limited to prohibited cross-connections and water hammer. The Town may refuse service when it is not satisfied that all the laws, ordinances, rules and regulations relative to water service will be complied with by the applicant.
A. 
Water service may be discontinued by the Town for any of the following reasons:
(1) 
For misrepresentation, in application, as to property or fixtures to be supplied or the use to be made of the water supply.
(2) 
For the use of water on any property for a purpose other than that described in the application.
(3) 
For willful waste of water through improper or imperfect pipes, fixtures, meters or otherwise. Use of running water to prevent freezing is hereby deemed a willful waste of water.
(4) 
For failure to maintain connections, service lines or fixtures owned by the Town in good order.
(5) 
For nonpayment of charges, rates or fees for water supplied or services rendered by the Town where such nonpayment exceeds 60 days from the date such amounts were due.
(6) 
For cross-connecting pipes carrying water supplied by the Town with any other source of supply or with any apparatus which may endanger the quality of the Town's water supply.
(7) 
For refusal of reasonable access to the property for the purpose of reading, repairing, testing or removing meters or observing water pipes and other fixtures.
(8) 
For the furnishing or receiving of a supply of water from another premises.
(9) 
For damaging any service pipe, seal (broken), curb stopcock or any other appliance of the Town used in controlling and regulating the water supply.
(10) 
For failure to maintain the water meter in good order.
(11) 
In case of abandonment of premises.
(12) 
In order to make necessary repairs, connections or the like.
(13) 
For failure to install water hammer elimination devices.
(14) 
For the removal of an unauthorized water meter.
(15) 
Upon the request of the owner.
(16) 
For violation of any other rule or regulation of the water district.
(17) 
For other good cause.
B. 
Discontinuance upon customer request.
(1) 
Any customer may discontinue water service by giving the Town a written order to such effect at least 10 days prior to the date on which such discontinuance is intended to take effect.
(2) 
If such request is for a final termination of service in said customer's name, then the request will be presumed to include one for sealing the meter at the premises in question. The Town of Caledonia will seal the meter in question at the time of final reading of the meter unless the office receives, in writing, a request that the meter not be sealed by the next customer requesting service through such meter. Such written request must be submitted in conjunction with a new application for service for the premises in question.
When service has been discontinued for reasons other than an emergency, the Town will renew services on proper application when conditions under which the service was discontinued are corrected or made immaterial and on the payment of all applicable charges and fees. Where service has been discontinued upon the request of the customer pursuant to § 125-16B of these rules and regulations of the water district, such customer shall be required to pay the charge for new service as provided under these rules and regulations. A customer whose service has been disconnected at one location owned by him may not have service renewed at another location until all the changes of the Town for water service to said customer have been paid and all the applicable rules and regulations of the water district have been complied with.
The customer will be responsible for damages due to freezing, hot water, tampering or other external causes. In cases of damage, the Town will repair the meter and, if necessary, replace it with another meter, and the cost of such repair or replacement shall be borne by the customer, except that the Town shall bear costs attributable to ordinary wear and tear.
A. 
Meters shall be accessible to the Town at all reasonable times, and the Town reserves the right to remove and test any meter at any time and to substitute another meter in its place.
B. 
In case of a disputed account involving the question as to the accuracy of the meter, such meter shall be tested by the Town upon request of the customer. The fee for testing meters will be as provided in § 129-28 of these rules and regulations. In the event that the meter so tested is found to have an error in registration to the prejudice of the customer in excess of 4%, the fee for testing will be foregone. Prior bills will be adjusted to correct such registration, and a credit for such adjustments will be applied to the customer's subsequent bills.
A. 
No hydrant shall be used for any purpose other than the extinguishing of fires, periodic testing of the fire-protection system or periodic drills by a fire department.
B. 
Proper fire officials shall notify the Town within 24 hours after the use of a Town hydrant to enable the Town to inspect the hydrant and determine whether it has been returned to its proper operating condition. The failure to return a hydrant to its proper operating condition shall be deemed a violation of these rules and regulations.
A. 
The following procedure shall apply for all applications for private fire protection:
(1) 
The applicant shall submit three copies of the plumbing schematics or plan, showing the proposed service location and size. The schematics or plan shall be signed and sealed by a licensed professional engineer or registered architect.
(2) 
All applications and plans submitted shall contain such information as required by the Town of Caledonia.
(3) 
If a combination fire and domestic service is requested, the necessary requirements will be as follows:
(a) 
Approval, in writing, from a qualified representative of a fire-rating organization or underwriter.
(b) 
Verification that the necessary pressures will be available to the fire system when the domestic service is being used at peak capacity.
(c) 
Proper installation of a certified detector check fitting at the prescribed location as not to be affected by domestic service.
(d) 
Proper check system or backflow prevention devices on domestic service.
(e) 
Disinfecting methods as mandated by the New York State Health Department, Bureau of Water Supply and necessary pressure testing of the system.
(f) 
All work shall be done by a licensed plumber.
(g) 
Other criteria as promulgated by the Town of Caledonia.
B. 
If a hydrant is installed on a private fire-protection service line, such hydrant shall be located on the owner's or occupant's property and installed by him at his expense. However, the Town reserves the right to approve the type of hydrant and the manner of installation before service is approved.
C. 
The Town reserves the right to inspection hydrants and hydrant guard valves located on private property. Such an inspection shall be conducted biannually at a reasonable time and upon reasonable notice to the owner by the Town of Caledonia.
D. 
Owners may enter into an agreement with the Town for the inspection and maintenance of hydrants and hydrant guard valves located on private property. Copies of said agreements shall be available for inspection at the Town of Caledonia offices during regular business hours.
The service of water to a premises prior to occupancy will be provided to builders, contractors, developers and owners for water usage during construction or for the service of water in display houses prior to sale, upon the payment of the necessary fee and deposit as prescribed in § 125-28 of these rules and regulations.
A. 
All charges for water service, including water rates, shall be billed to the owner of the premises to which water is furnished.
B. 
The Town shall be notified, in writing, of any change in ownership at premises to which water services are furnished, which notice shall be the responsibility of the new owner. Failure to provide such notice shall be deemed a violation of these rules and regulations. Upon receipt of proper notice, the Town will take a final reading in accordance with § 125-16B of these rules and regulations. No adjustment of bills as between old and new customers will be made by the Town.
C. 
Upon receipt of a notice for discontinuance of service in accordance with § 125-16B of these rules and the recording of a final reading, the Town will prepare a final bill, which shall be available at the office of the Town Clerk on the regular day of business following the day of the final reading. If due, a refund for the amount of excess payment resulting from an overestimated prior billing will be given to the old owner.
A. 
All water usage shall become due and payable in three-month billing cycles as determined by the Town, except that, where usage exceeds 1,000 gallons or more per day, it shall become due and payable monthly.
B. 
The quantity recorded by the meter shall be considered the amount of water used by the customer, which amount shall be conclusive on both the customer and the Town, except as hereinafter provided. Where the meter has been tested and is discovered to have malfunctioned or to have registered inaccurately, the quantity may be determined by the average registration of the meter in a corresponding past period when in order, except that, where it appears that there has been a change of customer or change in use of water, equitable adjustment shall be made in the determination of the Town. In all cases where a meter is found to be defective, the Town shall immediately replace the same with a meter that has been tested and properly adjusted.
C. 
The Town of Caledonia will read meters through the remote readers on the outside. The Town shall have reasonable access to the property for the purpose of reading, repairing, testing or removing meters.
D. 
In the event that reasonable access for meter reading is not possible, an estimated bill for the quarter will be sent to the customer. The estimated bill will be based on the same quarter of the previous year, plus a 10% increase, or other suitable method of estimation.
E. 
All meters will be read and inspected by the Town of Caledonia personnel at least once a year.
A. 
If any water bill or charge provided for in and by these rules shall not be paid within 30 days following the due date of the bill, a ten-percent penalty will be charged to the account.
B. 
Delinquent water bills, together with penalty, shall become a lien on the real property upon which or in connection with which the water is used. Such a lien is prior and superior to any other lien or claim except the lien of an existing tax. The Town Board shall include delinquent water rents and penalties computed to the first day of the month following the month in which the fiscal year commences in the annual tax levy and shall levy the same upon the real property in default in accordance with the Town Law.
C. 
Property subject to lien for unpaid water bills may be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay such charge after deducting costs as in the case in the foreclosure of statutory liens. Such foreclosures may be brought in the name of the Town against any property on which water rent has remained unpaid for 90 days after it has become due.
In order to encourage prompt repairs to leakage, pipes or fixtures, the Town may, under certain conditions, grant allowances for apparently excessive bills resulting from leakage beyond the meter. Granting of an allowance shall be in the sole discretion of the Town and shall not exceed 1/2 of the excess due to leakage over the normal usage for the period. The Town shall be the sole judge in determining the amount of excess resulting from the leakage.
A. 
Water rates shall be established by resolution of the Town Board. All billings shall be calculated for each payment as of the regularly scheduled meter reading date or, in the case of a voluntary discontinuance of service, as of the date of the final reading.
B. 
In the event that a meter reading cannot be made, usage will be estimated, and a bill will be prepared based on such estimated reading. Estimates made by the Town shall be conclusively binding on the customer.
Fees shall be as determined by Town Board resolution and can be found in Appendix A.[1]
[1]
Editor's Note: Appendix A is on file in the Town Clerk's office.
No out-of-district users shall be allowed.
A charge of $15 will be made to any account when a nonnegotiable payment, i.e., a no-good check, on that account is received by the Town and returned by the banking system, to defray cost and charges incurred for handling such payments.
Costs for meters, sleeves, valves, taps and other equipment or appliances related to Town water service shall be established by resolution of the Town Board. A listing of such costs shall be available at the office of the Town of Caledonia during normal business hours.
No person shall damage any equipment or building belonging to the Town's water system, tamper with meters or fire hazards, divert water from mains, use water without permission or cut or tap into any water pipe or main.
A. 
Any person violating any of the provisions of these rules and regulations shall be subject to arrest and fine of not more than $250, plus any cost of repairs as necessary, or imprisonment for a maximum of 15 days, or both. Unless otherwise provided, each day on which a violation occurs shall be deemed a separate violation for the purpose of these rules and regulations.
B. 
Any person turning on or off the water on any main or service pipe or fire hydrant, except hydrants in cases of fire, without permission or order from the Town of Caledonia, shall be subject to a fine of not more than $200 for each such violation.
C. 
Penalties imposed shall be in addition to any other penalties that are imposed by law, such as theft of services.