[HISTORY: Adopted by the Town Board of the Town of Ulysses
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-15-2003 by L.L. No. 1-2003]
Unless the context specifically indicates otherwise, the meanings
of the words, terms and phrases used herein shall be as follows:
Property owner with water service installed from a public
water system in the Town of Ulysses to premises on said property.
Any person who subdivides or improves land for the purpose
of constructing, or causing to be constructed, buildings for which
potable water are required.
A water District of the Town of Ulysses duly formed in accordance
with the laws of New York State.
An acquired legal right for the specific use of land owned
by others.
A person or firm possessing licenses to practice engineering
and conduct business in New York State appointed by the Town Board
to advise the Town Board on matters related to the public water system.
Attachment of a waterline to an existing waterline.
An agreement lawfully entered into by and between the Town
of Ulysses, Tompkins County, New York, acting on its own behalf or
on the behalf of one of its Districts, and any other person or group
of persons, and defined herein, for the purpose of providing or receiving
services for water supply, treatment, transmission, distribution and
related services.
Any individual, public or private corporation, political
subdivision, federal, state or local agency or entity association,
trust, estate or any other legal entity whatsoever.
Any parcel of real property, including land, improvements
or appurtenances, such as buildings, grounds, etc.
All property, plant, pipes, tanks, pump stations and other
facilities and appurtenances which are used to supply potable water
to customers within the Town of Ulysses.
One who has submitted to the Town proof of required insurance,
received a copy of this article, the official Town of Ulysses Standard
Specifications and Details for Water Facilities,[1] paid the required fee, and agreed to abide by Town specifications
and local law.
The legally defined bounds of real property within the Town
of Ulysses in which water may be distributed from the public water
system. The bounds shall be established, altered, changed, modified,
reduced, enlarged, combined, or consolidated only by action of the
Town of Ulysses Town Board.
A temporary use shall be defined by, but not limited to,
the following examples: the supplying of water to an adjacent property
in an emergency situation, the supplying of water to a construction
trailer or site until permanent connections can be made to the site,
or supplying water to a festival or short-lived event (for no more
than one week).
The Town of Ulysses, Tompkins County, State of New York,
and may as appropriate mean the Town of Ulysses acting on behalf of
a District.
Town Board of the Town of Ulysses, Tompkins County, New York
acting on behalf of the Town or on behalf of the Water District as
Board of Water Commissioners.
The Engineer appointed by the Town Board for the purposes
of this article or his/her authorized agent or representative.
All property, plant, pipes, tanks, pump stations and other
facilities and appurtenances existing for the purpose of supplying
and distributing water which are owned by the Town of Ulysses.
The person(s) hired or contracted to oversee the maintenance
and operation of the Water District(s).[2]
A.
Water District Operator. There shall be appointed for the various
Town Water Districts in the same manner and for such term and on such
basis as the Town Board may determine, a Water District Operator,
who, on behalf of the Town Board, shall have general supervision of
the operation and maintenance of the water systems in each District,
issue all permits required hereby, read meters, inspect service installations,
and perform other such duties as required for operation and maintenance
of the water systems as the Town Board may direct.
B.
Authority of Water District Operator.
(1)
Wherever it is referred to herein that permission be granted by or
that an application be made to, or that an act be done by or that
the District approves an act, it shall mean the Water District Operator.
(2)
By authorization of the Town Board through a resolution, the Water
District Operator may shut off the water supply and remove the meter
whenever any of the provisions of these rules, regulations and ordinances
are violated.
(3)
The Water District Operator or his/her authorized agents shall have
full power to enter the premises of any consumer, during normal business
hours, to read the meters or to examine fixtures, plumbing and manner
of water use.
C.
Billing Clerk and Collection Clerk.
(1)
There shall be appointed by the Town Board both a Billing Clerk and
a Collection Clerk whom shall serve at the direction of the Board.
The Billing Clerk shall render bills for water furnished or other
service given. The Collection Clerk shall collect all accounts due
and owing, file a monthly report of accounts with the Town Board,
and make such other reports as the Board may require.
(2)
All money received by the Collection Clerk on behalf of the various
Districts shall forthwith be deposited in such banks or trust companies
as the Town Board may from time to time direct.
(3)
Claims and charges against the District shall be audited and paid
in the same manner as Town charges.
(4)
The Collection Clerk shall give bond for the faithful performance
of his or her duties and for rendering a just and true account of
all moneys received by him or her on behalf of the various Districts
in said sum as the Town Board may from time to time direct. The premium
of such bond shall be a District charge.
A.
Permit required. No person shall make connection to the water supplied
by the District for any purpose whatsoever without having first obtained
a permit upon written application therefor, and after having first
paid the charges pertaining to the introduction of water to the premises.
The District and/or Town Board shall have the right to reject any
application or to stipulate such conditions as may be necessary to
maintain acceptable operating conditions in the system.
B.
Application for permit. All applications for introduction of water
to any premises or for the use of water shall be made upon the application
for plumbing permit form furnished by the District for such purpose,
and shall be signed by the owner or his, her or its duly authorized
agent. Such application shall contain a statement of all uses for
which water is desired. The use of water for any purpose other than
that mentioned in the application shall be sufficient cause to justify
discontinuance of water service. Application for additional uses may
be made at any time, and a permit may be granted therefor. Upon acceptance
by the Water District Operator acting for and on behalf of the District,
the application shall constitute a binding contract between the Water
District and the customer obligating the customer to pay the Water
District the established rates and to comply with rules and regulations
herein. Where such application shall require construction within public
right-of-way or District easement, such application shall require
approval of the Town Board. Separate and distinct applications and
approvals of the agency having jurisdiction over a public highway
or public right-of-way are required.
A.
Authority to connect to water mains.
(1)
No person shall make any attachment to or connection with any of
the pipes or mains or meters of the Districts nor make any repairs,
additions or alterations to the service pipes, except on the customer's
side of the meter, unless he or she be an employee of the District
acting within the scope of his or her employment or a person authorized
to do so by the Town Board. Except as provided for herein, said persons
shall be registered contractors with the Town of Ulysses.
(2)
A list of register contractors authorized as provided above shall
be on file in the office of the Water Department.
B.
Registered contractors.
(1)
Each and every contractor will be required to be registered by the
Clerk of the Town before he/she will be permitted to do any work in
the Town insofar as this article is concerned. There shall be a registration
fee charged to each and every contractor who will perform work under
this article. The registration fee shall be in the amount established
and/or modified from time to time by resolution of the Town Board.
(2)
If, in the opinion of the Town Board of the Town, the work performed by the contractor within the Town violates the provisions of this article or any other ordinance or local law of the Town, or if the contractor's work is, in the opinion of the Town Board, substandard then, in that event, the Town Board may remove the contractor from the registration list to do work associated with any Town Water District in the Town. Actions toward registration revocation shall be administered in accordance with § 200-14A(8) of this article.
C.
Insurance requirements.
(1)
Before application for the purposes set forth in § 200-4A and B is approved, and before commencing work, the contractor shall file insurance certificates with the Town Clerk. Insurance coverage shall be provided for the types and in the amounts as established and/or modified from time to time by resolution of the Town Board.
(2)
All insurance policies must provide for 15 business days' notice
to the Town of Ulysses before cancellation and must cover all liabilities
of the Town of Ulysses and be in a form approved by the Town of Ulysses
Town Board.
D.
Inspection by Water District Operator.
(1)
No person shall tap any main or distribution pipe or make or interfere
with any connection with the water system unless under the direction
of and in the presence of the Water District Operator, or unless he/she
be an employee of the District or unless specific permission in each
case be given by the District. Nor shall any person make any alterations
or additions in and about water pipes, other than on the customer's
side of the meter, unless the District upon written application shall
have given a written permit therefor.
(2)
Where a new connection is made with street mains and where new extensions
or attachments are made in unoccupied premises, the Water District
Operator upon notification by the customer shall close the curb stop.
The customer shall give the District notice of the completion of the
work, and the curb stop shall not again be opened until the work has
been inspected and approved by the Water District Operator and the
meter read. Pipes and connections between the main and meter shall
not be covered until so inspected and approved by the Water District
Operator.
E.
Highway work permits may be required. No street, highway, or any
part of the right-of-way thereof shall be altered, excavated or utilized
by any person for the purpose of making a connection with the mains
or for the laying of water pipes or fixtures, unless the authority
having jurisdiction therein shall have granted permission, in the
form of an authorizing permit or other written document.
F.
Installation requirements. Service taps, pipes, valves and other
appurtenances shall be installed in accordance with Town of Ulysses
Standard Specifications and Details for Water Facilities, as adopted
and/or modified from time to time by resolution of the Town Board.[1]
[1]
Editor's Note: The Town of Ulysses Standard Specifications
and Details for Water Facilities is on file in the office of the Town
Clerk and available for inspection during regular office hours.
G.
Modifications in event of ground surface changes. In the event that
a change in ground elevation leaves a service pipe insufficiently
buried, or results in the curb box projecting above the ground or
being covered with earth, the customer shall promptly lower or raise
his/her service pipe and curb box to conform to the new ground elevation.
In case the customer fails or neglects to make such alterations promptly,
the supply of water will be shut off until the alterations are completed.
Service will not be turned on again until the customer has received
written approval of the Water District Operator that the service has
been properly modified, and has paid the fee set by the Town Board
for reactivation of a service.
H.
Customer's maintenance responsibility. Pipes and meters and
the appurtenances thereto on the customer's property shall be
kept in good repair and protected from the frost by the customer at
his or her own expense.
I.
Notice required for service shutoff. In case a house or other building
is to be closed or become vacant, notice shall be given the District
in order that the meter may be read and curb stop closed. Where such
notice is not given and pipes burst from freezing or other cause,
the value of water lost by reason thereof, as estimated by the Water
District Operator, together with the fee established by the Town Board
to cover labor and expense to the District, shall be added to the
next bill and be paid in like manner as regular water charges.
J.
Building plumbing drain required. A drain valve shall be provided
within the building so located that all piping on the customer's
side of the meter can be drained whenever necessary.
K.
Reactivation of discontinued service. Where water has been turned
off by direction of the District or at the request of the customer,
it shall not be again turned on without the permission of the District.
No person other than the Water District Operator or an employee of
the District shall turn on any water service. Prior to reactivation,
a fee, as may be established and modified from time to time by resolution
of the Town Board, shall be paid to the District.
L.
Resale of water prohibited. No water shall be resold or distributed
by the recipient thereof from the District supply to any premises
other than that for which application has been made and the meter
installed, except in case of emergency where approved by the Water
District Operator.
M.
Separate meters required. Separate and independent meters shall be
installed for each and every parcel and for each and every living
unit for which water is to be provided. When multiple living units
exist on a single parcel, each shall be separately metered.
N.
Temporary water service or usage. Application shall be made to the
Water District Operator to permit the temporary usage of water. The
Town Board shall establish the requirements for such usage, including
provisions for monitoring water usage. An application fee equivalent
to the fee established for reactivation of a service shall be paid
to the District, and water rent shall be charged as though said temporary
usage was a residential service. Where connection to a District line
is required, the appropriate fee shall be assessed and paid by the
applicant.
A.
Meters required. Permanent water service shall be rendered by meter
only. In order that there may be uniformity of make and design and
to give the greatest efficiency in operation and maintenance, all
meters shall be of such make and type as specified in Town of Ulysses
Standard Specifications and Details for Water Facilities as adopted
by the Town Board.[1] Meters shall be owned by the District and shall be obtained
from the District at cost as may be established and modified from
time to time by the Town Board.
[1]
Editor's Note: The Town of Ulysses Standard Specifications
and Details for Water Facilities is on file in the office of the Town
Clerk and available for inspection during regular office hours.
B.
Maintenance and replacement of meters.
(1)
Where a water meter fails to register the correct quantity of water
delivered through it or where it otherwise becomes out of order or
in need of repair, the customer thereof shall give the District notice.
Where repairs are found necessary due to negligence of the user, the
District and the cost thereof borne by the customer shall make the
same. When, in the opinion of the Water District Operator, a meter
becomes unsuitable for further use, except when due to negligence
or lack of care of the user, the District shall replace it. The District
shall have the right to test meters suspected of improper function
at the written discretion of the Water District Operator.
(2)
The Water District Operator, or any persons delegated by him/her,
must at all reasonable hours have access to all meters and to all
parts of the premises to which water is delivered, for the purpose
of inspection, examination of fixtures, reading meters, etc. All persons
using water must at all times, frankly, and without concealment, answer
all questions put to them relating to water usage. All meters will
be sealed, and no person shall tamper with or remove a seal on a meter
without the written consent of the Water District Operator.
C.
Tile set meters required. Whenever the distance from the water main
to the point of entry of the water service line into the building
exceeds 150 feet, a tile set meter installation shall be required.
Such connection shall be in accordance with Town of Ulysses Standard
Specifications and Details for Water Facilities.[2]
[2]
Editor's Note: The Town of Ulysses Standard Specifications
and Details for Water Facilities is on file in the office of the Town
Clerk and available for inspection during regular office hours.
A.
Cross-connection defined. The term "cross-connection" as used here
means any unprotected connection between any part of the water system
and any service or system containing water or substance that is not
approved equally as safe for human consumption.
B.
Requirements for cross-connection control.
(1)
Cross-connection control shall be provided by the customer to protect
the public water system, by containment of any existing or potential
contamination within the premises of the customer in the following
manner:
(a)
By installing an acceptable air gap, reduced pressure zone device
or equivalent backflow prevention device acceptable to the New York
State Department of Health and approved by the Water District Operator,
consistent with the degree of hazard posed by the premises.
(b)
By submitting plans for the installation of backflow prevention devices
to the Water District Operator and the New York State Department of
Health for approval; and
(c)
By inspecting and testing all such devices annually at the expense
of the customer. These devices shall be repaired, overhauled or replaced
at the expense of the customer whenever they are found to be defective.
A person qualified in the testing of backflow prevention devices shall
perform inspection. Records of such inspections shall be provided
to the Water District Operator within one week after the test is performed.
(2)
Cross-connection control devices shall be provided for all commercial
and industrial connections unless it is determined by the Water District
Operator that no significant hazard is posed without backflow prevention
devices. Backflow prevention devices shall only be required for residential
connections when the Water District Operator determines that a significant
hazard may be posed.
C.
Customer responsibility. It shall be the responsibility of each customer
at his/her own expense to furnish, install, and keep in good working
order and safe condition any and all protective devices required.
The District 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 customer or other person.
D.
Separate sources of water restricted.
(1)
The owner(s) of all nonvacant premises used for human occupancy,
employment, recreation or other purposes, situated within the Town
of Ulysses and abutting on any street, alley or right-of-way in which
there is located a public waterline, shall not establish or maintain
a separate source of water without the approval of the District. All
existing private wells shall be plumbed such that there is no physical
connection between the private well and the Town Water System.
(2)
In order to receive approval of a separate source installed subsequent
to the effective date of this article, the customer must justify the
need. If approved, separate sources of water shall not be physically
connected to the public water system in any way, either directly or
through building plumbing systems. Any and all separate sources must
have separate and independent plumbing and distribution systems.
(3)
All users of the public water system shall prevent cross-connections,
within their premises, between the potable water piping system and
any other piping system. Failure to comply with any cross-connection
regulations shall result in termination of water services to the affected
property.
A.
Use restricted. No person shall open, interfere with or draw water
from any fire hydrant, or open or close any valves in the District
without permit from the District therefor, except that hydrants may
be opened by or on the order of any member of a Fire Department or
any Fire Commissioner within the District in case of fire for the
purpose of attaching thereto fire hose and equipment, where contract
for the purpose has been entered into with the District.
B.
Notification of use required. Whenever a hydrant has been opened
and used, notification of such fact shall be promptly given to the
Water District Operator.
C.
Tools for hydrant and valve operation. No tools or implements shall
be used to open hydrants and valves except such as are furnished by
the District or by a Fire Department operating with the District's
permission.
A.
Engineering plans and approval required. Engineered plans and specifications
prepared and stamped by a professional engineer licensed to practice
in New York State shall be required for any new water system extensions.
Plans shall be subject to review and approval of the Town's Engineer.
Where extension is proposed by someone other than the Town Board on
behalf of the District, all cost associated with the extension, including
the cost of such review, shall be borne by the person proposing the
extension. Funds to cover review expenses shall be deposited in escrow
with the Town prior to review work being performed.
B.
Standard specifications and details. Extensions to the water system
shall be made in accordance with Town of Ulysses Standard Specifications
and Details for Water Facilities, as adopted by resolution of the
Town Board.[1]
[1]
Editor's Note: The Town of Ulysses Standard Specifications
and Details for Water Facilities is on file in the office of the Town
Clerk and available for inspection during regular office hours.
C.
Construction inspection required. Construction of water system extensions
shall be inspected by the Town Engineer, or, at the discretion of
the Town Board, the Water District Operator. Where someone other than
the Town Board on behalf of the District proposes extension, the cost
of inspections shall be borne by the person proposing the extension.
Funds to cover inspection expenses shall be deposited in escrow with
the Town prior to construction work being performed. No work shall
advance unless inspected to the satisfaction of the Water District
Operator and the Town Board.
D.
Testing and certification. All water system extensions must be successfully
leak tested in accordance with American Water Works Association specifications,
and disinfected and tested for bacteriological contamination in accordance
with New York State Department of Health regulations prior to acceptance
by the District. Written certification by a New York State licensed
professional engineer attesting as such shall be provided to the Water
District Operator by the person making the extension prior to the
Town Board's acceptance of the extension.
E.
Record drawings. Record drawings shall be prepared for all water
system extensions by the design engineer, which reflect any substantive
modifications to the original plans and specifications made during
construction.
F.
Dedication of facilities. Upon written acceptance by the Town Board,
completed facilities for water system extensions, which have been
privately constructed, shall be dedicated to the District, at which
time they will become the property of the District. At the time of
dedication, the person dedicating the facilities to the Town shall
provide a guarantee against defects in materials and workmanship for
a period of one year. The guarantee shall be in such form and contain
such provisions as deemed necessary by the Town Board, secured by
a surety bond or such other security as the Town Board may approve.
G.
Easements. Any extension of the water system constructed on or adjacent
to private property which property must be entered upon for the purposes
of maintaining or reconstructing said water system extension would
require easements. Any such easements will be written such that the
Town and the District have the right to access for maintenance and
reconstruction of the waterlines. Easements shall extend along the
length of the waterline a minimum width of 20 feet; 10 feet on each
side of the center line of the waterline. For extensions made by someone
other than the Town Board on behalf of a District, all costs associated
with obtaining any such easements shall be borne by the person making
the extension.
H.
Restoration. All surface features and landscaping shall be fully restored to a condition as existed prior to construction by the person making the water system extension. Restoration shall be included in the warranty and covered by the bond or other security required in Subsection F of this section.
A.
Circumstances warranting restriction.
(1)
The District reserves the right to limit the amount of water furnished
to any customer, should circumstances warrant such action, even though
no limit be stated in the application or permit for use; or the District
may entirely shut off the water supply used for any manufacturing
purposes, or for furnishing power, or for lawn sprinkling, at any
time, by giving reasonable notice of such intended action. Or, in
case of making or constructing new work, or in making repairs, the
right is reserved to shut off the water from any customer without
prior notice for as long a period as may be necessary.
(2)
The Water District Operator has the right to invoke the following
restrictions in time of drought or emergency:
B.
Water conservation. All new construction and renovations of building
plumbing systems shall be made with water saving plumbing fixtures.
The District, upon approval, may implement other water conservation
measures by resolution of the Town Board.
C.
Moratorium.
(1)
At the recommendation of the Water District Operator who determines
that:
(a)
One or more segments of the public water system are at or beyond
its hydraulic capacity to serve portions of the service area tributary
to it;
(b)
Any specific purpose of this article is being violated;
(c)
Provisions of an intercommunity agreement are being violated;
or
(d)
Limits of water supply or provisions set forth in an intercommunity
agreement are in danger of being violated if additional demands are
placed on the system.
(2)
The Town Board shall have the authority to limit or deny new connection
to the public water system until the conditions leading to the moratorium
are corrected. Such correction may be by:
A.
User fees. User fees shall be assessed to each property within the
service area for the purposes of retiring debt. User fees and formulas
for determining user fees shall be established in accordance with
New York State Town Law, and may be modified from time to time by
resolution of the Town Board. User fees will be included on the tax
bills for each property within the service area, and payment for same
shall be made at the same time and at the same place as specified
for other Town charges.
B.
Water rates and billing schedule. All persons utilizing water from
the public water system shall pay a water service charge based on
the quantity of water so utilized, which charge shall be collected
as water rent. Water rents shall be fixed from time to time by resolution
of the Town Board. Nothing herein contained shall prevent the Town
Board of the Town of Ulysses from establishing separate schedules
of rates for separate Water Districts. Water bills shall be rendered
quarterly for residential customers, and monthly for commercial, industrial,
agricultural customers and other customers with usage significantly
greater than that of a typical single-family home, at the discretion
of the Water District Operator. Bills shall be payable at such times
and places as designated by the Town Board. The Town Board may provide
appropriate penalties for nonpayment of bills, including a shutoff
of the water supply.
C.
Delinquent payments.
(1)
If there shall be any payments which are due to the Town of Ulysses,
or any Department or District thereof, pursuant to any section of
this article, which shall remain due and unpaid, in whole or in part,
for a period of 20 calendar days from the date of payment due by the
Town of Ulysses, the same shall constitute a default, and there shall
be added to the entire amount of the original bill, a penalty equal
to 10% of the original bill.[1]
(2)
In the event that there are any water bills, taxes, assessments,
fees, rents, or other service charges which shall have been delinquent
for a period of at least 60 calendar days as of October 1 of any year,
the Collection Clerk shall report the names of the defaulting persons
to the Town of Ulysses Town Board, the Town of Ulysses Clerk, the
Tompkins County Tax Assessor, and the Town of Ulysses Supervisor on
or before October 1 of the same year. The Tompkins County Tax Assessor
is hereby directed to add the entire amount of the water tax, assessment,
or other service charge which shall be in default, plus penalty and
interest, as provided for in this article, to the real property taxes
due and owing to Town of Ulysses in the next succeeding year, and
the Tompkins County Tax Assessor is directed to collect the same in
the same manner as real property taxes due and owing to the Town of
Ulysses are collected.
(3)
All delinquent payments, inclusive of user fees, water services charges,
penalties, interest and other outstanding permit or other water charges
due under this article are hereby declared liens on the real property
serviced or connected to the public water system, and as such shall
be added to the real property tax levy of the Town and collected in
like manner as other tax levies pursuant to Town Law and the New York
State Real Property Tax Law.
(4)
Where charges are delinquent and the violator is not a resident of
the Town of Ulysses, or is located outside the geographical boundaries
of the Town of Ulysses or in such instance where no real property
taxes are due and owing to the Town of Ulysses, then the Town of Ulysses
Attorney is authorized to seek recovery of charges, including punitive
damages, in a court of competent jurisdiction or make arrangements
with the appropriate county where the customer is located to add the
amount of the water assessment and/or other charges which shall be
in default, plus penalty and interest, as provided for in this article,
to the real property taxes due to the county in the next ensuing year.
D.
Charges when meter malfunctions. Water bills shall be computed in
accordance with water meter readings. No deduction will be made for
leakage. If the meter fails to accurately record the quantity used,
it shall be determined and the charge made based upon the quantity
used in the preceding billing period, or the corresponding period
of the preceding year, or upon a corrected water bill as shown by
meter test, as the Water District Operator may at his/her discretion
determine.
In all places where steam boilers or hot water tanks are supplied
with water from the water system, the owner or customer must see that
the plumber places a suitable safety valve, vacuum valve, or other
proper device, to prevent damage from collapse or explosion when the
water is shut off. There will be no cross-connections allowed. Neither
the District, the Town of Ulysses, nor the Water District Operator
shall be liable for any damage resulting from sudden shutoff of the
supply of water to any steam boiler or other fixture deriving its
supply from the District water system.
Neither the District, nor the Town of Ulysses, nor the Water
District Operator shall be liable for any damage or loss of any name
or kind to property or persons which may arise from or be caused by
any change, diminution in or increase of the water pressure or water
flow from any cause whatever.
A.
Applicability of the Town of Ulysses/Town of Ithaca Agreement. The Town of Ulysses, on behalf of the Town Water System, has entered into an agreement with the Town of Ithaca for supply of water and operation and maintenance of the District's water system. All persons and properties provided water service within the service area as defined in the Town of Ulysses/Town of Ithaca Agreement shall be subject to the terms and conditions of said agreement, and any amendments thereto. Subsections A through and including F of this section are applicable to all such parts of the public water system, and the requirements in those subsections supersede any contradictory requirements in other sections of this article.
B.
Town of Ithaca rules applicable. The Town of Ithaca will sell water
to customers of the service area (as defined in the Town of Ulysses/Town
of Ithaca Agreement) in accordance with the requirements of this article
and the Ulysses Standard Specifications and Details for Water Facilities,
as they from time to time be amended.[1]
[1]
Editor's Note: The Town of Ulysses Standard Specifications
and Details for Water Facilities is on file in the office of the Town
Clerk and available for inspection during regular office hours.
C.
Town of Ithaca's approval of improvements required. Any plans
and specifications for replacements, additions, betterments and improvements
to the water system shall be subject to the prior written approval
of the Town of Ithaca, which approval shall not be unreasonably withheld.
D.
Service within areas of extension. Any extension of said service
area shall service the entire area of such extension and shall be
made for the benefit of all who are able to be served within the area
of any such extension.
E.
Improvements subject to the Town of Ulysses/Town of Ithaca Agreement.
Upon completion of any improvement to the water system, the improvement
shall become subject to the terms of the Town of Ulysses/Town of Ithaca
Agreement.
F.
Service connections made by the Town of Ulysses. The Town of Ulysses
in accordance with the requirements of this article shall make all
service connections and the Ulysses Standard Specifications and Details
for Water Facilities as they from time to time may be amended.
A.
Administrative remedies.
(1)
Notification of violation. Whenever the Water District Operator finds
that any user has violated or is violating this article, or any permit,
order, prohibition, limitation, or requirement permitted by this article,
the Water District Operator may serve upon such person a written notice
stating the nature of the violation. Within 10 calendar days of the
date the Water District Operator mails the notice and an explanation
of the violation, the user thereof shall submit a plan for the satisfactory
correction and prevention to the Water District Operator. The correction
and prevention plan shall include specific actions. Submission of
this plan in no way relieves the user of liability for any violations
caused by the user before or after receipt of the notice of violation.[1]
(2)
Consent orders. The Water District Operator is hereby empowered to
enter into consent orders, assurances of voluntary compliance, or
other similar documents establishing an agreement with the user responsible
for the noncompliance. Such orders shall include specific action to
be taken by the user to correct the noncompliance within a time period
also specified by the order.
(3)
Administrative or compliance orders.
(a)
When the Water District Operator finds that a user has violated
or continues to violate this article or a permit or administrative
order issued thereunder, he/she may issue an administrative order
to the user responsible at the direction of the Town Board, directing
that, following a specified time period, water service shall be discontinued,
severed and abated unless the violation is corrected and that there
is no reoccurrence of the violation. Administrative orders may also
contain such other requirements as might be reasonably necessary and
appropriate to address the noncompliance.
(b)
The user may, within 15 calendar days of receipt of such order,
petition the Water District Operator to modify or suspend the order.
Such petition shall be in written form and shall be transmitted to
the Water District Operator by registered mail. The Water District
Operator shall then:
[1]
Reject any frivolous petitions;
[2]
Modify or suspend the order; or
[3]
Order the petitioner to show cause in accordance with § 200-14A(8) and may as part of the show-cause notice request the user to supply additional information.
[4]
Accept the petition in full or in part.
(4)
Administrative fines.
(a)
Notwithstanding any other section of this article, any user
who is found to have violated any provision of this article, or permit
or administrative order issued hereunder, shall, at the discretion
of the Town Board, be fined in an amount not to exceed $1,000 per
violation. Each day on which noncompliance shall occur or continue
shall be deemed a separate and distinct violation.
(b)
The user may, within 15 calendar days of notification of the
Water District Operator's notice of such fine, petition the Town
Board to modify or suspend the order. Such petition shall be in written
form and shall be transmitted to the Town Board by registered mail.
The Town Board shall then:
[1]
Reject any frivolous petitions;
[2]
Modify or suspend the fine; or
[3]
Order the petitioner to show cause in accordance with § 200-14A(8) and may as part of the show-cause notice request the user to supply additional information.
[4]
Accept the petition in full or in part.
(5)
Cease and desist orders.
(a)
When the Water District Operator finds that a user has violated
or continues to violate this article or any permit or administrative
order issued hereunder, the Town Board may issue an administrative
order to cease and desist all such violations and direct those persons
in noncompliance to:
(b)
The user may, within 15 calendar days of the date the Town Board
issues notification of such order, petition the Town Board to modify
or suspend the order. Such petition shall be in written form and shall
be transmitted to the Town Board by registered mail. The Town Board
shall then:
[1]
Reject any frivolous petitions;
[2]
Modify or suspend the order;
[3]
Order the petitioner to show cause in accordance with § 200-14A(8) and may as part of the show cause notice request the user to supply additional information.
[4]
Accept the petition in full or in part.
(6)
Termination of permit.
(a)
Any user who violates the following conditions of this article
or a permit or administrative order, or any applicable state or federal
law, is subject to permit termination:
[1]
Violation of permit conditions or conditions of an administrative
order;
[2]
Failure to terminate, relieve or remove a cross-connection;
[3]
Refusal of reasonable access to the user's premises for
the purpose of inspection or monitoring; or
[4]
Failure to pay administrative fines, fees or user charges.
(b)
The user may, within 15 calendar days of the date the Town Board
issues such notification, petition the Town Board to permit continued
use of the service by the user. Such petition shall be in written
form and shall be transmitted to the Water District Operator by registered
mail. The Town Board shall then:
[1]
Reject any frivolous petitions,
[2]
Order the petitioner to show cause in accordance with § 200-14A(8) and may as part of the show-cause notice request the user to supply additional information.
(7)
Water supply severance.
(a)
Whenever a user has violated or continues to violate the provisions
of this article or an order or permit issued hereunder, water service
to the user may be severed and service will only recommence, at the
user's expense, after satisfactorily demonstrating compliance
or ability to comply.
(b)
The user may, within 15 calendar days of severance, petition
the Water District Operator to reconnect water supply service. Such
petition shall be in written form and shall be transmitted to the
Water District Operator by registered mail. The Water District Operator
shall then:
[1]
Reject any frivolous petitions;
[2]
Reconnect the water supply;
[3]
Order the petitioner to show cause in accordance with § 200-14A(8) and may as part of the show-cause notice request the user to supply additional information.
[4]
Accept the petition in full or in part.
(8)
Show-cause hearing.
(a)
The Town Board may order any user appealing administrative remedies for violations of this article to show cause, before the Town of Ulysses Town Board, why an enforcement action, initiated by the Water District Operator, should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Town of Ulysses Town Board regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Town of Ulysses Town Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least 10 calendar days before the hearing in accordance with § 200-14A(10) of this article. Service shall be made on any principal or executive officer of a user's establishment or to any partner in a user's establishment or to owner or owner's occupant in the case of a residential service.
(b)
The Town of Ulysses Town Board may itself conduct the hearing,
or may designate any of its members or any officer or employee of
the Town of Ulysses to conduct the hearing and may:
[1]
Issue, in the name of the Town of Ulysses Town Board, notices
of hearings requesting the attendance and testimony of witnesses,
and the production of evidence relevant to any matter involved in
such hearings.
[2]
Take the evidence.
[3]
Take sworn testimony.
[4]
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Town of Ulysses
Town Board for action thereon.
(c)
After the Town of Ulysses Town Board has reviewed the evidence
and testimony, it may order the user to comply with the Water District
Operator's order or fine, modify the Water District Operator's
order or fine, or vacate the Water District Operator's order
or fine.
(9)
Failure of user to petition the Water District Operator. In the event
the Water District Operator issues any administrative order, terminates
the user's permit, or makes any fine as set forth in this article,
and the user fails, within the designated period of time set forth,
to petition the Water District Operator, as provided in appropriate
sections of this article, the user shall be deemed in default and
rights to contest the administrative order or fine shall be deemed
waived.
(10)
Notice. The notices, orders, petitions, or other notification
which the user or Water District Operator shall desire or be required
to give pursuant to any sections of this article shall be in writing
and shall be served personally or sent by certified mail or registered
mail, return receipt requested, postage prepaid, and the notice, order,
petition, or other communication shall be deemed given upon its mailing
as provided herein. Any notice, administrative order, or communication
mailed to the user pursuant to the sections of this article shall
be mailed to the user where the user's service is connected into
District lines. Any notice, petition, or other communication mailed
to the Water District Operator shall be addressed and mailed to Town
of Ulysses, 10 Elm Street, Trumansburg, NY 14886.
(11)
Right to choose multiple remedies. The Water District Operator
shall have the right, within the Water District Operator's sole
discretion, to utilize any one or more appropriate administrative
remedies set forth in this article. The Water District Operator may
utilize more than one administrative remedy established pursuant to
this article, and the Town Board may hold one show-cause hearing combining
more than one enforcement action.
B.
Judicial remedies.
(1)
Civil actions for penalties.
(a)
Any person who violates any of the provisions of or who fails
to perform any duty imposed by this article, or any administrative
order or determination of the Water District Operator promulgated
under this article, or the terms of any permit issued hereunder, shall
be liable to the Town of Ulysses for a civil penalty not to exceed
$1,000 for each such violation, to be assessed after a hearing (unless
the user waives the right to a hearing) held in conformance with the
procedures set forth in this article. Each violation shall be separate
and distinct violation, and in the case of continuing violation, each
day's continuance thereof shall be deemed a separate and distinct
violation. Such penalty may be recovered in an action brought by the
Town of Ulysses Attorney, or his/her designated attorney, at the request
of the Water District Operator in the name of the Town of Ulysses,
in any court of competent jurisdiction giving preference to courts
local to the Town of Ulysses. In addition to the above-described penalty,
the Water District Operator may recover all damages incurred by the
Town of Ulysses from any persons or users who violate any provisions
of this article, or who fail to perform any duties imposed by this
article or any administrative order or determination of the Water
District Operator promulgated under this article, or the terms of
any permit issued hereunder. In addition to the above described damages,
the Water District Operator may recover all reasonable attorneys'
fees incurred by the Town of Ulysses in enforcing the provisions of
this article, including reasonable attorneys' fees incurred in any
action to recover penalties and damages, and the Water District Operator
may also recover court costs, and other expenses associated with the
enforcement activities, including water sampling and monitoring expenses.
(b)
In determining the amount of civil penalty, the court shall
take into account all relative circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration, any economic benefit gained through the user's violation,
corrective actions by the user, the compliance history of the user,
and any other relative factors as justice may require.
(c)
Such civil penalty may be released or compromised by the Water
District Operator before the matter has been referred to the Town
of Ulysses Attorney, and where such matter has been referred to the
Town of Ulysses Attorney, any such penalty may be released or compromised
and any action commenced to recover the same may be settled and discontinued
by the Town of Ulysses Attorney, with the consent of the Water District
Operator.
(2)
Court orders.
(a)
In addition to the power to assess penalties as set forth in
this article, the Water District Operator shall have the power, following
the hearing held in conformance with the procedures set forth in this
article, to seek an order:
(b)
Any such court order shall be sought in an action brought by
the Town of Ulysses Attorney, at the request of the Water District
Operator, in the name of the Town of Ulysses, in any court of competent
jurisdiction giving precedence to courts local to the Town of Ulysses.
(c)
The Town of Ulysses Attorney, at the request of the Water District
Operator, shall petition the court to impose, assess, and recover
such sums imposed according to this article. In determining amount
of liability, the court shall take into account all relevant circumstances,
including, but not limited to, the extent of harm caused by the violation,
the magnitude and duration, any economic benefit gained through the
user's violation, corrective actions by the user, the compliance
history of the user, and any other factor as justice requires.
(3)
Criminal penalties.
(a)
Any person who willfully violates any provision of this article
or any final determination or administrative order of the Water District
Operator made in accordance with this article shall be guilty of a
Class A Misdemeanor and, upon conviction thereof, shall be punished
by a fine of not less than $500 nor more than $1,000, or imprisonment
not to exceed one year, or both. Each offense shall be a separate
and distinct offense, and, in the case of a continuing offense, each
day's continuance thereof shall be deemed a separate and distinct
offense.
(b)
Any user who knowingly makes any false statements, representations,
or certifications in any application, record, report, plan or other
document filed or required to be maintained pursuant to this article,
or permit, or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this article shall
be guilty of a Class A Misdemeanor and, upon conviction, shall be
punished by a fine of not more than $1,000 per violation per day or
imprisonment for not more than one year, or both.
(c)
No prosecution, under this section, shall be instituted until
after final disposition of a show-cause hearing, if any, was instituted.
(4)
Additional injunctive relief. Whenever a user has violated or continues
to violate the provisions of this article or permit or order issued
hereunder, the Water District Operator, through counsel may petition
the court, in the name of the Town of Ulysses, for the issuance of
a preliminary or permanent injunction or both (as may be appropriate)
which restrains the violation of, or compels the compliance with,
any order or determination thereunder by the Water District Operator.
(5)
Summary abatement. Notwithstanding any inconsistent provisions of
this article, whenever the Water District Operator finds, after investigation,
that any user is causing, engaging in, or maintaining a condition
or activity which, in the judgment of the Water District Operator,
presents an imminent danger to the public health, safety, or welfare,
or to the environment, or is likely to result in severe damage to
the water system or the environment, and it therefore appears to be
prejudicial to the public interest to allow the condition or activity
to go unabated until notice and an opportunity for a hearing can be
provided, the Water District Operator may, without prior hearing,
order such user by notice, in writing wherever practicable or in such
other form as is necessary in his or her opinion to stop practices,
and proscribe, to discontinue, abate, or alleviate such condition
or activity, and thereupon such person shall immediately discontinue,
abate, or alleviate such condition or activity; or where the giving
of notice is impracticable, or in the event of a user's failure
to comply voluntarily with an emergency order, the Water District
Operator may take all appropriate action to abate the violating condition.
As promptly as possible thereafter, not to exceed 15 calendar days,
the Water District Operator shall provide the user an opportunity
to be heard, in accordance with the provisions of this article.
