[Adopted 5-25-1943 as Sections 152, 154 through 173 and 175 through 185 of the Ordinances of the Village of Ballston Spa]
[Amended 7-26-1955; 11-11-1975]
A. 
No person, other than employees of the Village of Ballston Spa, New York, shall tap any main or water or sewer pipe nor tap any pipe laid for the purpose or with the intent of supplying water or sewer facilities to themselves or to other persons or premises or for other purposes than those for which such pipes were first permitted to be laid.
B. 
No water or sewer main may be tapped after November 1 and before April 1 in each year except as may be permitted for emergencies.
[Amended 5-13-1996 by L.L. No. 1-1996]
C. 
Any person, firm or corporation desiring to tap or caused to be tapped any sewer main or pipe within the Village shall first pay to the Village of Ballston Spa a tapping fee and, in addition thereto, there shall be paid the cost of any materials used. Said tapping fee shall be in an amount as set forth from time to time by resolution of the Board of Trustees.[1]
[Amended 5-13-1996 by L.L. No. 1-1996]
[1]
Editor's Note: The fee schedule is on file in the Village offices.
No person, including plumbers, shall make any extension of, addition to or connection with any of the water or sewer pipes of the Village or make repairs or alterations to any such water or sewer pipes for any reason without first obtaining a permit signed by the Village Clerk and approved by the Superintendent of the Water Department or the Superintendent of the Sewer Department, and all such work shall be done under the personal supervision of the respective department.[2]
[1]
Editor's Note: The following former sections, which immediately preceded this section, were deleted 5-13-1996 by L.L. No. 1-1996: Section 152, Subsection d, dealing with penalties; Section 153, Opening Sewers.
[2]
Editor's Note: The original unnumbered paragraph dealing with penalties, which immediately followed this section, was deleted 5-13-1996 by L.L. No. 1-1996.
A. 
All applications for the introduction of water to any premises or for the extension of any pipe or pipes for the conveyance of such water shall be signed by the property owner or his/her agent and shall state fully and fairly all and several of the various uses to which the water is to be supplied and used, and whenever hereafter any other use of the water or additional service, pipes or plumbing fixtures is required, a further application must be made as aforesaid.
B. 
A double or duplex house or other building must be supplied with two separate water service lines.
C. 
Upon written application for a new or replacement water service connection, fees shall be paid to the Village of Ballston Spa for tapping the main, including corporation cock, curb cock and curb box, and in addition thereto, payment for the cost of copper tubing and other materials used. These fees shall be as set forth from time to time by resolution by the Village of Ballston Spa.
[Amended 5-26-1947; 7-12-1955; 7-26-1955; 5-13-1996 by L.L. No. 1-1996]
D. 
Prior to the connection to the Village of Ballston Spa water system, all outside users not within an approved water district must deposit in escrow with the Village Clerk such fees as are set forth from time to time by resolution of the Village of Ballston Spa. This sum shall be held by the Village for the duration of the service, including transfer of ownership of the serviced property. In the event of default on any billing statement, the Village may apply a portion or all of the escrowed moneys to the delinquent account.
[Added 10-23-2000 by L.L. No. 2-2000; amended 10-15-2019 by L.L. No. 5-2019; 12-14-2020 by L.L. No. 1-2020; 12-14-2020 by L.L. No. 2-2021]
[Amended 5-13-1996 by L.L. No. 1-1996]
A. 
Material specifications.
[Amended 8-27-2012 by L.L. No. 1-2012]
(1) 
All water service pipe with a nominal diameter of two inches and less for domestic purposes shall be Type K copper from the service tap at the water main to the curb box located at the street right-of-way.
(2) 
On the private side of the curb box, pipe shall be either Type K copper or high-density polyethylene (HDPE).
(a) 
High-density polyethylene (HDPE) specifications.
[1] 
All buried polyethylene (PE) pressure pipe and tubing shall be manufactured in accordance with AWWA A C901 (1/2 inch through two inches).
[2] 
All buried PE pressure pipe and tubing shall be made of high-density polyethylene compounds, which conform to the physical requirements of PE 3408/3608 and meet the ASTM D3350 cell classification. Polyethylene compounds shall be in accordance with the requirements of NSF/ANSI 61 for use with potable water.
[3] 
All buried PE pressure tubing (1/2 inch through two inches) shall be CTS (copper tube size) SDR 11 meeting the requirements of ASTM D2737. Fittings shall have CTP compression ends for use with PE tubing. Insert stiffeners shall be installed at each compression connection.
[4] 
All buried PE pressure pipe (1/2 inch through three inches) shall have nominal IPS (iron pipe size) outside diameter, unless stated otherwise. Piping shall be DR 11 with a pressure rating of 160 psi.
[5] 
All PE piping and tubing shall be provided with permanent identification by co-extruding identification, such as striping into the pipe's outer surface. Identification material shall be the same material as the pipe material, except for color. Identification printed or painted on the pipe surface will not be acceptable. All water distribution piping shall have blue striping.
[6] 
Field joints shall be butt fused by heat fusion in accordance with ASTM D3261 and the manufacturer's recommendations or by compression coupling with insert rings.
[7] 
A bare, 8 AWG tracer wire shall be installed with the PE pipe and tubing and terminated inside the service valve box just below the surface to allow access.
(3) 
Each new or replacement water service shall have supplied by the property owner a suitable backflow prevention device as approved by the Water Department.
(4) 
All water service pipes with a nominal diameter greater than two inches shall be ductile iron pipe, meeting AWWA standards and as approved by the Water Department.
A. 
The owner of property into which water is introduced by a service pipe shall be required to install and maintain in perfect order, at his/her own expense, said service pipe from the principal main to the meter on or for his/her premises, including all fixtures therein provided for delivering or supplying water for any purpose. In case such service and fixtures are not so kept in repair, the Water Department may make all necessary repairs and renewals or parts thereof. The expense of such work and all materials and labor required therefore shall be paid by the property owner and until paid shall be a lien upon the property where such services were rendered and such material furnished.
B. 
The owners of the premises where pipelines are in service for fire protection shall maintain such service pipes in perfect order over their entire length from the street main into the premises, and they shall be responsible for any damage that may be caused by leakage or the breaking or bursting of such pipes unless such damage has been caused through some fault of the Water Department.
C. 
On all service connections up to and including six-inch, a cutting-in tee and valve shall be used; on all service connections over six inches, a tapping sleeve and valve shall be used.
D. 
Service pipe will be required to be laid not less than four and one-half (4 1/2) feet below the surface of the earth at any point to the inside of the foundation wall of the building into which the water service is introduced and, in case the final grade of the street or sidewalk has been officially determined and established, then said service pipe shall be laid at a depth of not less than four and one-half (4 1/2) feet below such established grade at all points so that when the street and walk are graded, there shall be not less than four and one-half (4 1/2) feet covering of earth over the pipe at any point.[1]
[1]
Editor's Note: The original unnumbered paragraph dealing with restrictions on tapping, which immediately followed this subsection, was deleted 5-13-1996 by L.L. No. 1-1996.
In the case of any excavation in any street or public grounds for the introduction of any water or sewer pipe or connection under the authority of a permit from the Water or Sewer Departments where work is not done by one of said Departments, the owner and the plumber shall each be held responsible for the trench opened by them. Red lights, barricades and all such other means of protection against accidents must be provided by such person or persons.
Where trenches are opened for the laying of service pipes and such service pipes installed, said trenches, materials and workmanship shall be inspected by the Water or Sewer Department before the same are backfilled. The owner or the plumber performing such work shall notify the Water or Sewer Department that such trench is ready for inspection.
A. 
The Board of Trustees or the Water Superintendent under its direction shall have full right at all times whenever in their opinion the public good or necessity requires or demands it to regulate, diminish or entirely cut off the supply of water from any and all parties taking water and to make all such regulations and rules for the use or for diminishing the use thereof as they shall think proper.
B. 
The Water or Sewer Department of the Village of Ballston Spa shall not be liable for any damages which may result to any person or premises from shutting off of the water from any main or service, whether inside or outside of the corporate limits of the Village, for any purpose whatever, even in cases where no notice is given.
A. 
Any person responsible for any injury to any main, pipe, hydrant or other water or sewer facility shall reimburse the Village therefore and for the loss of water caused thereby. He/she shall also be responsible for any damage caused by such escaping water.
B. 
All persons supplied with water shall keep the stop cocks and service pipes for and upon their premises in good repair and protected from frost and so provided with stop and waste cocks just inside the cellar wall as to allow the pipes to be emptied and must keep the same free from water when the safety of such pipes requires it. No continuous flow of water to guard against frost or for any other purpose will be allowed.
Every person who shall be supplied or whose property shall be supplied with water by the Water Department of the Village of Ballston Spa, whether such property supplied shall be inside or outside of the corporate limits of the Village, shall be deemed to have accepted and approved the rules of the Village regulating the supplying of water. Whenever the word "consumer" shall be used in this Article, it shall mean the owner or owners of the premises. The continuance of the consumer to take water after any amendment or change of this Article shall be deemed an acceptance of such amendment or change.
[Amended 5-13-1996 by L.L. No. 1-1996; 12-14-2020 by L.L. No. 1-2020; 12-14-2020 by L.L. No. 2-2021]
All water shall be measured though meters furnished and installed by the Village of Ballston Spa, and each water service line shall be supplied with a separate meter. All meters on new properties shall be furnished and installed at the expense of the property owner.
[Amended 5-13-1996 by L.L. No. 1-1996; 12-14-2020 by L.L. No. 1-2020; 12-14-2020 by L.L. No. 2-2021]
A. 
The Water Department 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. Repairs made necessary by meters freezing will be considered the result of negligence on the part of the consumer, and charges for such repairs will be assessed and billed to the owner of the property affected.
B. 
The Water Department shall replace a damaged meter with a new meter of the type that can be read from outside the building.
A. 
All water meters shall be set just inside the basement wall of the building supplied. When this is not possible, the property owner shall construct, or cause to be constructed, a vault to contain said meter. This vault shall be located between the sidewalk and the building supplied and shall be constructed under the supervision of the Water Department.
B. 
Wherever the meter is set, the space occupied by the meter and the meter box shall at all times be kept free from rubbish or obstructions of all kinds. The owner and tenant shall provide ready and convenient access to the meter at all times.
[Amended 5-13-1996 by L.L. No. 1-1996]
A. 
When a discontinuance of service is desired, a notice of at least 24 hours shall be given, in writing, to the Village Clerk. Where the supply of water shall have been discontinued either through action of the Village or at the request of the property owner or his/her agent, such service shall not be resumed until written application is made therefor to the Village Clerk by the property owner or his/her agent accompanied by a fee in an amount to be set forth from time to time by resolution of the Board of Trustees.[1] Such application shall be made at least 24 hours before the time specified for resumption of service. Water rents will continue in force until removal of the meter by the Village. All persons, including plumbers, are prohibited from removing or disconnecting water meters.
[1]
Editor's Note: The fee schedule is on file in the Village offices.
B. 
When the water service is discontinued permanently, all lead or galvanized iron service pipes shall be disconnected from the main and not reused.
[Amended 5-13-1996 by L.L. No. 1-1996]
Upon written application of any property owner or his/her agent taking water from the Village water supply to the Water Department and accompanied by a fee in an amount to be set forth from time to time by resolution of the Board of Trustees, the Water Department shall remove said meter and take the same to an independent testing facility to be tested. Results shall be kept on file at the Water Department and a copy given to the property owner. If upon such inspection the meter is found to be more than 2% fast, said Water Department shall return to the consumer the above inspection fee and make such reduction in the current bill as the facts warrant. If, however, the meter does not over register more than the above-mentioned 2%, the Water Department shall retain the above inspection fee as its expense of the testing.
All charges for water, service pipe installation, repairs, damages caused by the carelessness or neglect, penalties, etc., shall be made against the premises supplied, and the owner of said premises shall be held responsible therefor. Such charges, if not paid, shall constitute a lien on the property benefited.
[Amended 12-14-2020 by L.L. No. 1-2020; 12-14-2020 by L.L. No. 2-2021]
If the meter stops or fails to register, the property owner will notify the Village. The property owner will be billed at the average consumption for the corresponding period of the previous year as shown by the meter readings until such time as the meter can be replaced by the Village or its designated vendor.
All water that passes through a meter shall be charged for whether used, wasted or lost by leakage. No abatement of the charges for water rents shall be allowed on account of the vacancy of any premises supplied with water unless the consumer has requested such water supply be turned off as heretofore provided and the meter removed.
[Amended 4-27-1986 by L.L. No. 2-1986; 4-26-1987 by L.L. No. 2-1987; 4-23-1989 by L.L. No. 4-1989; 6-10-2013 by L.L. No. 2-2013]
The water rates to be charged shall be established, from time to time, by the Board of Trustees by resolution.
[Amended 4-12-1993; 5-13-1996 by L.L. No. 1-1996; 5-27-1997 by L.L. No. 2-1997]; 9-8-2003[1]; 12-14-2020 by L.L. No. 1-2020; 12-14-2020 by L.L. No. 2-2021]
All water meters shall be read twice each year, in December and June, by the property owner and the meter reading reported to the Village. A fee will be charged to any property owner not reporting their meter reading during the designated time as described on the fee schedule. Said fee will be applied to every subsequent bill, in addition to a new fee, for every cycle until a reading is received. The nonreporting fee will be set forth from time to time by resolution by the Board of Trustees. Consumers unable to read their meters must notify the Village Clerk and request a meter reading by the Department of Public Works. The Mayor shall have the authority, but not the obligation, to waive any fee charged for reading a meter if good cause is shown for the failure to read the meter and the property owner submits a written request.
[1]
Editor's Note: This resolution provided for an effective date of the July 2004 billing.
[Amended 5-13-1996 by L.L. No. 1-1996; 6-10-2013; 12-14-2020 by L.L. No. 1-2020; 12-14-2020 by L.L. No. 2-2021]
A. 
A separate bill shall be rendered for each meter. After each such reading of meters, statements shall be rendered showing the amount due.
B. 
Such statements are payable on the following terms:
(1) 
If a water bill is paid within the first 30 days of the date of the bill, the billed amount is due;
(2) 
Thereafter, for each such statement that remains unpaid, an initial penalty of 10% shall be added. Thereafter, a penalty of 1% per month on such total amount shall be levied up to a maximum of 12% per year in penalties.
Every person using water from the water system shall permit the Superintendent, his/her assistants or agents or person in charge of water meters to enter upon the premises at all reasonable hours to examine the manner and extent to which the water is used and to inspect and read the water meters. Refusal to allow such persons to enter will be sufficient reason for the discontinuance of such water service.
[Amended 5-13-1996 by L.L. No. 1-1996]
Any person who shall bathe in any reservoir, well or other source which supplies the Village water system or who shall cast or throw any wood, dirt, earth or any other substance into such reservoir, well or other source of Village water supply or in any manner interfere with the structure of such reservoir, well or supply or the hydrants, pipes or other property connected therewith or take any ice therefrom or angle or fish therein shall be liable to a penalty as set forth in this Article for each offense, and any person who shall in any manner interfere with or trespass upon any of the property appertaining to said water system in any manner not hereinbefore specified shall be liable to a penalty as set forth in this Article.
[Amended 5-13-1996 by L.L. No. 1-1996]
On all streets where it is proposed to construct new pavements or to relay existing pavements, all steel, lead and galvanized iron water pipes shall be replaced with copper tubing at the expense of the property owner.
A. 
No person, except a duly authorized employee of the Water Department, shall open, close or interfere with any valve or gate in any water main, conduit or street pipe. The type of all valves to be installed underground must first be approved by the Water Department.
B. 
Any person who has disturbed or displaced a valve box so that the valve stem cannot be reached by a key or who has covered a valve box or manhole cover of a valve chamber with dirt, paving, plank or other material shall immediately replace the valve box or remove the obstruction.
A. 
All street fire hydrants or hydrants for private fire protection from unmetered service lines are under the control of the Water Department. No person, except an authorized agent or employee of the Water Department or a person permitted by the Water Department to take water therefrom, shall operate, use or disturb any hydrant or any part thereof or take any water therefrom under any circumstances whatever.
[Amended 5-13-1996 by L.L. No. 1-1996]
B. 
In case any damage to a street hydrant is done by any person having a permit to take water from said hydrant, the holder of the permit shall pay such damages and all costs and expenses that may be incurred by reason thereof on demand to the Water Department.
C. 
No person shall use any fire hydrant for construction or other purposes without first obtaining a permit for such use from the Water Department and making any advance payment demanded by said Department. All hydrants used for any construction purposes such as sewers, buildings, paving, etc., must have reducing couplings attached to the nozzles of the hydrants with an independent valve for regulating the supply.
D. 
The main valve of the hydrant must be opened at full at the beginning of work each day and remain open until the stoppage of work at night. The water supply shall be regulated by an independent valve. The hydrant shall be operated only by a proper hydrant wrench which shall be obtained from the Water Department.
E. 
Water must not be allowed to run except when used. No leaking hose, pipe or pipe joints will be permitted. All persons using hydrants shall immediately obey any instructions or orders that may be issued by the Water Department to regulate the use of hydrants.
F. 
If required by the Water Department, a meter shall be applied to the connection made with the hydrant at the expense of the party using the same, and said party shall pay for all water by meter measurements at the stipulated rates.
[Amended 5-13-1996 by L.L. No. 1-1996]
All persons are prohibited from connecting any lateral with the Village sewer system without first receiving permission from the Board of Trustees, and all such connections must be under the supervision of the Superintendent of the Sewer Department.
[Amended 5-13-1996 by L.L. No. 1-1996]
The use of outside closets, outhouses and cesspools within the Village limits is prohibited. All buildings containing such facilities shall be connected with the Village water and sewer systems.
[Amended 5-13-1996 by L.L. No. 1-1996]
No roof or stormwaters from wash racks or wastewater from bottling works shall be discharged into the sewers of the Village, except into the stormwater sewers.
No unauthorized person shall in any way interfere with or open any manhole connected with the sewer system of this Village or remove or break any of the covers thereof.[1]
[1]
Editor's Note: The original unnumbered paragraph dealing with penalties, which immediately followed this section, was deleted 5-13-1996 by L.L. No. 1-1996.
No sewer pipe or water main shall be laid in any street, lane or alley in this Village that has not been accepted as a public highway by this Village.
[Amended 5-13-1996 by L.L. No. 1-1996]
No person or corporation shall sweep, throw or deposit or cause to be swept, thrown or deposited any dirt, refuse or rubbish of any kind into any catch basin in this Village.
[1]
Editor's Note: Former § 200-33, Extensions of water system, added 8-12-1958, was repealed 11-11-1996 by L.L. No. 5-1996.
[Added 5-13-1996 by L.L. No. 1-1996]
Any person, firm or corporation who or which shall violate any of the provisions of this article or any rule or regulation made pursuant thereto shall, upon conviction thereof, be subject to a fine of not more than $250 or imprisonment for not more than 15 days, or both. Each day during or on which a violation of this article shall occur shall be deemed to be a separate and distinct offense.