Village of Rouses Point, NY Water

Parties desirous of connecting to the mains of the water system of the Village shall make application for permission to the Village Clerk. It shall be in the discretion of the Board of Trustees to fix and determine the charges for this service, in accord with current labor and material costs.

No person or persons shall make connection to the mains of the water system of the Village, except the duly authorized representatives of the Village. Any person violating any of the provisions contained in this document shall be liable to a fine and penalty of $250. Each day on which such violation continues shall constitute a separate offense.

The installation, maintenance, and condition of a service pipe/lateral from the main to the meter shall be to the satisfaction of the Superintendent or his/her representative. The curb stop shall be closed and remain closed and shall not be opened by anyone other than the Superintendent or his/her agent.

APPROVED BACKFLOW PREVENTER

All materials, the method, manner, and location of same and the general arrangement and progress of the work shall conform to the specifications hereinafter set forth in these regulations.

(5)

No work shall be performed until the owner or applicant has obtained the necessary street opening permit from the Superintendent.

(6)

A separate tap and service shall be installed for each premises located on a street in which there is a Village water main, and no connection will be allowed to supply water to another person or premises except with the written permission of the Superintendent. When the word premises is used herein, it shall be taken to designate:

(a)

A building under one roof, owned or leased by one person, or occupied as a residence, or for business, industrial or commercial purposes.

(b)

Each premises having its own frontage upon a street having a water main shall have its own individual service; except, however, that in all cases where two or more buildings on the same lot have frontage on the street upon which there is a water main, the buildings which do not have a water service may connect onto the water line of the building having such a service, provided that when such connection is made, due notice is given by the party so connecting to the Superintendent before any connection is made so that the Village may properly adjust the billing for each building using water under such conditions.

(7)

The Superintendent shall determine the size of the taps to be inserted in any water main, the form and size of the curb box to be used under any application and permit, and the corporation stop will be a type approved by the Village.

(8)

No connection of any kind shall be made by any commercial/industrial consumer to the service pipe between the main and the meter.

(9)

Where an application is made for a connection for which an existing service pipe is provided to the curb box only, all work shall be performed in accordance with these rules, regulations, and specifications, as far as they are applicable. The connections shall be made at the curb stop instead of at the main. It shall be the duty of the applicant or their agent to determine that the portion of the connection previously installed is in satisfactory condition, and to make any repairs thereto, which may be required by the Superintendent or his/her representative, at the expense of the applicant. Detailed methods of connection to the existing service pipe shall be in accordance with the instructions of the Superintendent or his/her representative. The applicant must pay the charge applicable to the service connection previously installed, upon application for such service connection.

(10)

Where an application is made to increase the size of the service pipe or for any other change to be made in said pipe which serves any consumer/owner, the corporation stop controlling such service must be closed at the main prior to any withdrawal of water through the reconstructed service pipe.

Temporary connections. Those desiring the use of water for temporary purposes other than from temporary connections to the main, shall make application to the Village, setting forth in detail the reason and exact use that is to be made of the water, and the Village may issue the necessary permit under such terms and conditions as it may determine.

§ 118-4 Cross-connection control.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this Subsection A.

APPROVED

Accepted by the Superintendent as meeting an applicable specification stated or cited in this section, or as suitable for the proposed use.

A device that has been manufactured in full conformance with the standards established by the American Water Works Association titled "AWWA C510-92--Standard for Double Check Valve Backflow Prevention Assembly" and "AWWA C511-92--Standard for Reduced Pressure Principle Backflow Prevention Assembly" and/or "NYSDOH Technical Reference PWS 14 Approved Backflow Prevention Assemblies" (or latest revisions thereof), and has met completely the laboratory and field performance specifications of the Foundation for Cross Connection Control and Hydraulic Research (FCCHR) of the University of Southern California established by "Specification of Backflow Prevention Assemblies," Section 10 of the most current issue of the "Manual of Cross Connection Control." The AWWA, NYSDOH, and FCCHR standards and specifications have been adopted by the Village. Final approval shall be evidenced by a certificate of approval issued by an approved testing laboratory certifying full compliance with said AWWA standards and FCCHR specifications.

AUXILIARY WATER SUPPLY

Any water supply on or available to the premises other than the Village's approved public water supply.

BACKFLOW

The flow of water or other liquids, mixtures or substances under positive or reduced pressure into the distribution pipes of a potable water supply from any source other than its intended source.

BACKFLOW PREVENTION ASSEMBLY

An assembly or means designed to prevent backflow, as in:

AIR GAPThe unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet conveying water or waste to a tank, plumbing fixture, receptor or other assembly and the flood level rim of the receptacle. These vertical physical separations must be at least twice the diameter of the water supply outlet, never less than one inch.

DOUBLE CHECK VALVE ASSEMBLYThe approved double check valve assembly consists of two internally loaded check valves, either spring loaded or internally weighted, installed as a unit between two tightly closing resilient-seated shutoff valves and fittings with properly located resilient-seated test cocks.

PRESSURE VACUUM BREAKER ASSEMBLYThe approved pressure vacuum breaker assembly consists of an independently operating internally loaded check valve, and an independently operating loaded air inlet valve located on the discharge side of the check valve, with properly located resilient-seated shutoff valves attached at each end of the assembly designed to operate under pressure for prolonged periods of time to prevent backsiphonage.

WATER SERVICE INSTALLATION

REDUCED-PRESSURE BACKFLOW PREVENTION ASSEMBLYThe approved reduced-pressure principle backflow prevention assembly consists of two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure relief valve located between the check valves and below the first check valve. These units must be located between two tightly closing resilient-seated shutoff valves as an assembly and equipped with properly located resilient-seated test cocks.

BACKPRESSURE

A condition in which the customer's system pressure is greater than the Village's system pressure.

BACKSIPHONAGE

The flow of water or other liquids, mixture or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.

CONTAINMENT

A method of backflow prevention which requires a backflow prevention assembly at the water service connection.

CONTAMINANT

Any physical, chemical, biological, or radiological substance or matter in water.

CROSS CONNECTION

Any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated or polluted water, sewage or other waste, or liquid of unknown or unsafe quality which may be capable of imparting contamination or pollution to the public water supply as a result of backflow or backsiphonage. Bypass arrangements, juniper connections, removable sections, swivel or changeable devices, and other temporary or permanent devices through which or because of which backflow or backsiphonage could occur are considered to be cross connections.

CUSTOMER WATER SYSTEM

Includes those parts of water system facilities beyond the point of delivery that are utilized to convey potable water to the customer's points of use.

DETECTOR CHECK ASSEMBLY

A double check valve in the main supply line with a smaller parallel flow detection line with a meter and an independently acting double check valve.

FIRE SERVICE

A water service for a customer which is used to supply a fire protection system.

INSPECTION

Cross-connection control assessment and evaluation of all fixtures and conduit connected to the customer's water system within the property and structures.

ISOLATION

A method of backflow prevention in which a backflow prevention assembly is located to correct a cross connection at an in-plant location rather than at a water service connection.

NONPOTABLE WATER

All water other than potable water.

PERMIT

A document which identifies the location of a backflow prevention assembly, and specifies maintenance requirements for backflow prevention assemblies.

POINT OF DELIVERY

The terminal end of service from the public potable water system at the outlet side of the meter; this is the point at which the public potable water system loses jurisdiction and sanitary control over the water at its delivery to the customer.

POLLUTANT

A foreign substance that, if permitted to get in the public water system, will degrade its quality so as to impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such water for domestic use.

POTABLE WATER

Water from any source which has been approved for human consumption by the New York State Department of Health.

WATER SERVICE CONNECTION

That point in the customer's water system beyond the sanitary control of the Village; it is the outlet end of the water meter and always before any unprotected branch.

The establishment of a new point of delivery, reuse of an existing point of delivery for a new or different customer, or the modification of an existing point of delivery from the Village's potable water system for any customer.

Intent. The Village Board does hereby find that it is necessary for the protection and promotion of the health, safety, and welfare of the people served by the Village's water system to establish minimum requirements for the design, construction and maintenance of connections to the public water supply.

Purpose of section. The purposes of this section are as follows:

To protect the public potable water supply served by the Village water system from the possibility of contamination or pollution by containment at the point of the customer's water service connection to the Village's water system and by isolating, within its customers' water systems, such contaminants or pollutants which could backflow or backsiphon into the public water system.

To promote the elimination or control of existing cross connections, actual or potential, between a customer's on-site potable water system and nonpotable systems.

To provide a continuing program of cross-connection control that will effectively prevent the contamination or pollution of the potable water system by cross connection.

Authority. The Federal Safe Drinking Water Act of 1974 and the New York State Sanitary Code Chapter 1, Subpart 5-I, Section 5-1.31[1] establish that the Village has the primary responsibility for preventing water from unapproved sources, or any other substances, from entering the public potable water system.

[1]

Editor's Note: A copy of the provisions are on file in the Village offices.

Village responsibility.

The Village will operate a cross-connection control program, to include the keeping of necessary records, which fulfills the requirements of this section, and is consistent with the American Water Works Association (AWWA) Manual of Water Supply Practices, M-14, 2nd edition.

The Village will not allow any cross connection to remain unless it is protected by an approved backflow prevention assembly.

Customer responsibility.

The customer shall prevent contaminants and pollutants from entering the Village's potable water supply system from the customer's water system. The customer shall protect the customer's private water system against actual or potential cross connection, backflow or back-siphonage, as required by the plumbing code, this section, and other applicable regulations. The customer shall be responsible for the elimination or protection of all cross connections on the customer's premises.

The customer shall follow the provisions of this section.

The Superintendent may inspect the customer's water system and make recommendations as to the type of isolation or the type of backflow prevention assembly that should be installed on the customer's private water system to ensure the quality of water entering the property beyond the point of delivery.

The customer shall inform the Superintendent of any proposed or modified cross connections and also any existing cross connection of which the customer is aware but has not been found by the Superintendent. The customer shall inform the Superintendent immediately of any change in the type of cross connection or degree of hazard associated with the service.

(5)

The customer shall not install a bypass around any backflow prevention assembly, unless there is a backflow prevention assembly of the same type on the bypass.

(6)

For the purpose of discharging the duties imposed by this section, the Superintendent shall have the right to enter upon the premises of any customer. Each customer, as a condition of the continued delivery to the customer's premises of water from the Village's water system, shall be considered as having consented to entry upon the customer's premises.

(7)

No person shall connect to, operate, maintain or allow to remain any connection to the potable water system for domestic or for any purposes that is between the point of delivery and the customer's backflow prevention assembly. No such connections shall be permitted without prior written approval from the Superintendent, and such installation shall also require an additional backflow prevention assembly that meets the approval of the Superintendent.

(8)

The customer shall be required to landscape around the backflow prevention assembly with plantings at least three feet tall and at a minimum distance of three feet away from the backflow prevention assembly, but not further than five feet from the backflow prevention assembly. The piping and valves shall be painted dark green or black. Other colors may be used to match immediate surroundings with approval of the Superintendent. Fire lines will be exempt from this requirement.

Enforcement procedures.

The Superintendent shall inform the customer by letter of any failure to comply with the conditions of this section. The Superintendent will allow an additional 15 days for the correction. In the event the customer fails to comply with the necessary correction within this time frame, the Superintendent may terminate the customer's water service until corrective action is taken or until the necessary backflow prevention assembly is installed. In the event that the customer informs the Superintendent of extenuating circumstances as to why the correction has not been made, a time extension may be granted by the Superintendent not to exceed an additional 30 days.

Delivery of water to any customer may be discontinued by the Superintendent if any backflow assembly required by this section has been removed, tampered with or bypassed. Water service shall not be resumed until conditions at the customer's premises have been corrected to the satisfaction of the Superintendent. All cost to repair or replace the assembly shall be borne by the customer.

If the Superintendent determines at any time that a serious threat to the public health exists, the water service will be terminated immediately.

In addition to the above procedures, the Superintendent may cite to the appropriate civil authorities any customer for violation of the provisions of this section.

Backflow prevention assembly criteria.

The Superintendent will evaluate the hazards inherent in supplying a customer's water system. If in the judgment of the Superintendent, an approved backflow prevention assembly is required at the customer's water service connection or within the customer's water system, the Superintendent shall give written notice to the customer of the specific locations, types and sizes of the required devices. Backflow prevention assemblies will be sized to match meter or pipe size at the required location unless otherwise approved by the Superintendent. Upon receipt of written notice, the customer shall consult with a New York State-licensed professional engineer to prepare plans and specifications for the installation of a backflow prevention assembly at the customer's location. These plans and specifications must be submitted to the Superintendent for review and approval within 90 days of said notice. The backflow prevention assembly shall be installed, tested, and available for inspection by the Superintendent within 180 days of said notice.

Failure or refusal or inability on the part of the customer to provide for the installation of the required backflow prevention assembly shall constitute grounds for discontinuing water service to the premises until such backflow prevention assembly has been properly installed.

The type of backflow prevention assembly required shall depend upon the degree of hazard that exists as determined by the Superintendent as follows:

(a)

In the case of any premises where there is an auxiliary water supply and it is not subject to any of the following rules, the public water system shall be protected by an approved air gap separation or an approved reduced pressure principle backflow prevention assembly.

(b)

In the case of any premises where there is water or substance that would be objectionable but not hazardous to health if introduced into the public water system, the public water system shall be protected by an approved double check valve assembly.

(c)

In the case of any premises where there is any material dangerous to health that is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air gap separation or an approved reduced pressure principle backflow prevention assembly. Examples of premises where these conditions will exist include, but are not limited to, sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries, and plating plants.

(d)

In the case of any premises where there are uncontrolled cross connections, either actual or potential, the public water system shall be protected by an approved air gap separation or an approved reduced pressure principle backflow prevention assembly at the service connection.

(e)

In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross connection survey, the public water system shall be protected against backflow from the premises by either an approved air gap separation or an approved reduced pressure principle backflow prevention assembly on each service.

(f)

In the case of any premises where, in the opinion of the Superintendent, an undue health threat is posed because of the presence of extremely toxic substances, the Superintendent may require an air gap separation at the service connection to protect the public water system.

(g)

In the case of any premises where there is reclaimed water service for irrigation, there shall be no physical connection between the reclaimed water system and the customer's water system which is served by the public water system.

(h)

In the case where the metered use of potable water is permitted directly from a fire hydrant or other water system fixture for filling tank type vehicles (i.e., lawn maintenance and pest control), the water system shall be protected by a reduced pressure principle backflow prevention assembly.

(i)

In the case where temporary use of water is permitted directly from a fire hydrant or other water system fixture through a portable meter (i.e., construction activity), the water system shall be protected by a reduced pressure principle backflow prevention assembly.

Existing in-use backflow prevention assemblies. Any backflow prevention assembly existing, that complies with "approved backflow preventer" in § 118-4A, Definitions, above, and is properly installed, testable, and properly functioning, shall be allowed by the Superintendent to continue in service unless the degree of hazard is such as to supersede the effectiveness of the present backflow prevention assembly, or result in an unreasonable risk to the public health.

Records.

Backflow prevention assemblies shall be tested upon installation, annually thereafter, and upon request, if needed, by a New York State certified inspector at the expense of the tenant or property owner.

All backflow prevention assemblies must be tested within one year of the effective date of this chapter. Failure to do so will result in a fine of $500 upon one year plus an additional fine of $100 for each month of non-compliance thereafter.

Written copies of backflow prevention assembly test results shall be submitted to the Village Clerk or their representative who will initiate and maintain master files on assembly locations, tests, and/or inspections.

The Superintendent may at any reasonable time and at the expense of the Village remove and/or test a backtlow prevention assembly for the purpose of determining its functionality.

§ 118-5 Use of fire hydrants; penalties.

No person or persons are permitted to open any fireplug or hydrant or draw water therefrom except in case of emergency and under the direction of the Superintendent, and also excepting that the Chief of the Fire Department, assistants, officers and members of the Fire Department are authorized to use the hydrants for the purpose of extinguishing fires, cleaning apparatus, hose or Department materials or making trials of the apparatus and hose of the Department, but all such cases shall be under the supervision and direction of the Chief of the Fire Department or the Assistant Chiefs. Any person violating any of the provisions contained in this regulation shall be liable to a fine and penalty of $250. Each day on which such violation continues shall constitute a separate offense.

No person or persons shall limit or block access to, or impede view of any public fire hydrant by any means, including, but not limited to, flowers, shrubs, or landscaping of any kind. Should any person be found in violation of this regulation, whether the obstruction is new or existing, the Village reserves the right to remove and dispose of the obstruction at the expense of the property owner without warning. The Village and its agents and members of the Fire Department accept no liability for damages caused to private property obstructing a fire hydrant at any time.

§ 118-6 Use at construction sites.

Owners of property shall be charged for water used in construction of residences or other structures. The payment shall begin when the tap is made or, if taken from other sources of the Village water supply, will commence as soon as water is used. The rate to be charged during construction shall be the same rate which would apply upon completion of the structure or residence.

§ 118-7 Alteration of service; penalty for unauthorized use.

Should any user desire a supply of water additional to that currently used or that described in their initial application or desire to use water for purposes different front current purposes or those purposes described in the initial application or to allow someone else to draw water from the premises, the user must file an application for such additional or other use with the Village Clerk or their representative in compliance with § 118-2, which application shall be complete in every detail and shall contain whatever information the Village Clerk or his/her representative shall prescribe pursuant to this chapter and/or other valid requirements of the Village Board. After compliance with the foregoing and full payment of the application fee, the Village Clerk or his/her representative shall promptly transmit the same to the Superintendent.

If a new tap or connection is required, the conditions and requirements described in § 118-2 hereof shall apply.

Any person or user violating this provision shall be charged a minimum rate of at least four times the normal water rate prescribed herein for such periods of unauthorized water use or whatever lesser rate the Board of Trustees shall prescribe, until such person or user complies with the provisions of this chapter, in addition to the other penalties described hereinafter.

Any use of water, in addition to that currently used or in addition to that described in the user's initial application, or any use of water other than as currently used or different from that described in the user's initial application, shall be a violation of this chapter and subject to the penalties described herein.

§ 118-8 Discontinuance and resumption of service.

Should it be desired by the consumer or property owner to discontinue water service, the Village Clerk or his/her representative shall be notified in writing as to the desired time and place at which the service is to be shut off. The Village Clerk or his/her representative shall cause a Village employee to shut off the service at the curb box. When it is desired to resume service, similar notification shall be given to the Clerk, and upon payment of all indebtedness, a Village employee will turn on the water at the curb box. The charge made for turning off or on the water in a nonemergency situation shall be $10 during regular working hours. If such work is required to be completed for the convenience of the owner and/or user outside of normal working hours, a charge of $100 shall be made on weeknights and Saturdays, and $150 on Sundays and legal holidays.

As herein, the term "normal working hours" means from 7:30 a.m. to 4:00 p.m., Monday through Friday, excluding legal holidays.

The above charges shall be made for each trip to the work site.

§ 118-9 Transfer of property; change of use.

As the Village cannot reasonably be expected to monitor all changes in the ownership or use of properties served by Village water, it shall be the duty of any property owner or any other Village water user to give the Village at least 30 days written notice of any change in ownership and/or use. Any property owner or user who fails to do so shall remain personally liable for all accrued water charges until the Village receives actual written notice of change, and, in any case, the property owner and/or user shall remain personally liable for all water charges for the billing period within which any such change of ownership or use actually occurred.

§ 118-10 Installation of heating equipment.

In cases where coils or other devices are installed in heating furnaces or separate devices for the purpose of providing domestic hot water, approved check and relief valves must be installed at the expense of the property owner in the supply or feed pipe between the meter and the source of heat. This is not only to be installed at the expense of the owner, but also at its peril. The Village assumes no responsibility for the proper operation and function of said valves.

§ 118-11 Valves required for boilers.

In cases where boilers or other special equipment is supplied with water, a suitable valve or other device must be installed at the expense and peril of the property owner to prevent collapse or explosion in case the water is shut off in the street mains.

§ 118-12 Work performed only by Village.

No work shall be performed upon the Village mains or upon the services connected thereto between the main and the curb stop except by employees or agents of the Village.

§ 118-13 Reporting of damage; leaks; repairs; responsibility for costs.

The consumer or property owner is required to notify the Village of any leak occurring in, or damage to, the service line, in which case the water will be turned off at the curb stop and remain turned off until the leak is repaired or the damage restored to the satisfaction of the Village.

All repairs of the service line between the curb stop and the building/residence shall be made by the consumer or property owner at its own cost and expense. The repairs to the service line between the main and the curb stop shall be made at the expense of the Village unless injured or damaged through actions attributable to the consumer/owner or a third party.

In all cases, repairs shall be made in conformity with the specification for new services insofar as they may be applicable.

Nothing in this section shall be construed as violating any agreement heretofore entered into between consumers served through improved and accepted services and the Village; nor is anything in this section to be construed as affecting any future agreements similar to the ones heretofore executed.

§ 118-14 Control of service at curb stop.

Service shall be controlled at the curb stop, and water will be charged for as long as the curb stop is open. The water shall be turned off and on only by employees of the Village and only after the Village Clerk or his/her representative has received a request for such action by the property owner or consumer. Violations of this rule shall be sufficient cause for discontinuing the service, in addition to which a penalty of $250 shall be imposed.

§ 118-15 Water supply shutoff; disclaimer of liability for damages.

The Village shall not be liable for any damages that may result to the consumer's pipes, appliances or other fixtures from the shutting off of water mains or service pipes, flushing of hydrants or water mains, or chemicals needed to operate the water plant for any purpose whatsoever, whether previous notice has been given or not.

No deductions from the service charge will be made for periods when the service is shut off.

The Village and its officers and employees shall not be held liable for any damage sustained by reason of its failure to supply water to any consumer at any time or for any cause. It reserves the right to control the amount of water supplied in the event that the supply becomes short for any reason.

§ 118-16 Restriction of use; penalty.

The Village reserves the right at any time it is considered necessary to declare a period of water restriction, during which time the use of water for sprinkling of lawns or gardens or for any other purpose deemed unnecessary is prohibited until the period of restriction is lifted.

Violations of this rule shall be sufficient cause for discontinuing water service and a penalty of $250 shall be imposed for each instance of violation.

§ 118-17 Service not guaranteed.

The Village does not guarantee service from the street main to the meter or through the house or through any piping valves or connections therein.

§ 118-18 Interpretation; right to change rules and regulations.

The Village shall be the sole judge as to the meaning of these rules and regulations. Its interpretation shall be final and binding upon all applicants for water service and upon all takers and users of water.

The Village reserves the right to append or modify its rules, regulations, and rates at any time.

§ 118-19 Meters.

Installation and removal of meters. Water meters installed, or to be hereafter installed on any premises, as either permitted or required by the provisions of this section or any other ordinances shall be of a type approved by the Superintendent but shall be purchased by, and remain the property of, the consumer or owner of the premises. Such meters are to be installed and removed under the supervision of the Superintendent or his/her agent.

Access to meters.

The owner and tenant shall provide ready and convenient outdoor access to the meter so it may be frequently read and examined by the agents or employees of the Village when proper credentials are shown.

Owners and tenants with already installed meters not in compliance with this ordinance will be given the period of one year to relocate the water meter on the property to a compliant position. Failure to do so will result in a fine of $500 upon one year plus an additional fine of $100 for each month of noncompliance thereafter.

Testing of meters.

Meters shall be tested annually and upon request, if needed, by a New York State certified inspector at the expense of the tenant or property owner.

All meters must be tested within one year of the effective date of this chapter. Failure to do so will result in a fine of $500 upon one year plus an additional fine of $100 for each month of noncompliance thereafter.

Written copies of meter-testing results shall be submitted to the Village Clerk or his/her representative who will initiate and maintain master files on meter locations, tests, and/or inspections.

The Superintendent may at any reasonable time and at the expense of the Village remove and/or test a water meter for the purpose of determining its accuracy in registering.

§ 118-20 Water rates.

Water rate schedule. Rates shall be based on the most current resolution of the Board of Trustees as of its effective date. Rates shall be based on the following class system:

Class A, charges for industrial service: for use expected over 1,000,000 gallons a month. Each industrial customer shall have an individually determined rate.

Class B, charges for metered service: any business or commercial enterprise expected to use over 5,000 gallons in any one month and less than 1,000,000 gallons.

Class C, Charges for unmetered service: includes each household whether rented apartment unit, mobile home, or private residence. Any commercial or business unit expected to use less than 5,000 gallons per month shall be charged Class C rate. In any event that the expected use cannot be readily estimated, the business shall be metered and shall be subject to Class A or B rates depending on actual use.

Extraordinary cases. In all cases where, in the judgment of the Village, the established rates do not adequately compensate the Village for the actual use of Village water, the Village may establish a rate which, in its judgment, shall be just and proper. In such cases, the Village shall provide the user with 30 days' written notice by registered or certified mail, return receipt requested, within which time the user or applicant may file an appeal with the Village Board.

§ 118-21 Frozen services; emergency situations.

Nonliability for frozen services.

The Village assumes no responsibility for frozen services, notwithstanding the fact that installation of any service that may have subsequently become frozen had been installed and/or approved by the Village or its representatives.

Where service lines now installed are not at sufficient depth to prevent freezing, the Superintendent may require the owner to lower the service, at its own expense, sufficient depth to prevent freezing not less than five feet; and, upon failure and neglect to do so; the Village may discontinue the service.

Declaration of emergency. Whenever the public health, welfare, or order of the Village is endangered due to the freezing of water service or supply pipes to consumer/owners of the Village, the Village is hereby empowered to declare that a public emergency exists.

Termination of emergency. An emergency declared to exist hereunder shall cease and terminate upon decision by the Village, and the meters of water consumer/owners making the agreement herein contemplated shall be read on that day and the water consumption determined.

§ 118-22 Billing.

Responsibility for payment.

Water bills will be billed in advance to the property owner monthly on or before the last working day of the month for residential users, such as a single-family dwelling or multiple dwelling building. If a water bill is a commercial or industrial user, the customer will be billed.

The responsibility for payment of all bills rests upon the owner of the premises, and it shall be liable for all charges when due and payable, and such charges shall be a lien upon the premises until fully paid.

If a customer wishes to contest a bill, a written explanation should be sent to the Village Office within 10 days of receipt of the bill. The Board of Trustees will review the customer's request, and the customer will be notified of the Board's decision.

All bills, including those contested by the customer, must be paid in full by the due date to avoid interest charges and discontinuance of service. If the Board decides to reduce a contested bill, and the bill has been paid prior to resolution of the dispute, the bill will be adjusted accordingly.

(5)

Failure to receive a bill does not entitle any consumer or property owner to avoid the penalty as hereinafter provided. The Village Board does not guarantee billing or delivery of bills to any consumer or property owner.

Penalties for delinquent bills.

Billings shall be rendered in advance on or before the last working day of the month. Payment shall be due by the last working day of the month for which the bill is rendered. Any bill which has not been paid by the last working day of the month in which it is due shall be subject to a penalty of 10% of the full amount of the bill.

Notwithstanding the provisions of the foregoing Subsection B(1), there shall be a penalty of 10% added to any current bill if any previous account of the party of whom the bill is rendered has not been paid in full.

Collection of unpaid bills. Unpaid bills for water service charges or other charges incurred by the consumer/owner are a lien upon the property. The Village Board may enforce the collection of unpaid bills by cutting off the supply of water after penalties start to accrue on the unpaid bill or may enforce collection of such bill or by any other means as provided by law.

§ 118-23 Discontinuance of water service for noncompliance, notice; hearings; discontinuous without notice.

Upon any violation of the rules set forth in this Water Code, the Village, by its duly constituted agent, may, upon 24 hours' notice to the property owner, consumer, or occupant of the premises affected, discontinue the supply of water. Such supply shall not be made available until all the rules and regulations are complied with and until all unpaid charges and rents shall be paid. The foregoing shall also include the charge for turning off the water.

The notice of violation shall specify the section of the rules or code alleged to be violated and shall contain a short, plain statement of the facts asserted by the Village.

Service of any notice authorized or directed by or on behalf of the Village Board may be made upon the property owner or consumer personally or by leaving the same at the premises where water is supplied or by sending the same by mail to such party at the last address furnished to the Village. Such notice by mail will be deemed to have been received three days after its date of deposit in the United States mail.

The owner/consumer may, within 48 hours after receipt of the notice regarding the discontinuance of this water supply, request a hearing before a hearing officer designated by the Village Board. At the hearing, the owner, consumer, or both may appear personally or by attorney and present any information and material which are relevant to the question of the discontinuance of water service. The Village may present such information as it has bearing on the question. After the hearing, the hearing officer will make a determination as to whether the water service may be properly discontinued. If the determination is that the water service may be properly discontinued, the Village may, after receipt of the hearing officer's determination, discontinue the water supply, upon giving notice of the determination to the person, firm, or corporation which had requested the hearing.

Notwithstanding the foregoing, the Village may, without notice to the property owner, consumer or occupant of the premises, discontinue the water supply to prevent immediate serious and substantial injury to the waterlines or to persons or property located on or near the premises to which the water is supplied.

§ 118-24 Private fire protection systems.

In cases where it is desired to install connections to a private fire protection system, written application shall be made to the Village Clerk or their representative setting forth the details thereof. The application shall be accompanied by a sketch or diagram showing the plan of the system to be installed. This plan must be approved by the Superintendent prior to any work being done.

The Village reserves the right to impose specific regulations in connection with the supply to private fire protection systems, as well as impose any rates or fees deemed reasonable by the Village Board.