Town of Massena, NY Water

Parties desirous of connecting to the mains of the water system of the town shall make application for permission to the Town Clerk and which shall be accompanied by whatever application fee the Town Clerk shall prescribe pursuant to this local law and/or the other valid requirements of the Town Board. After compliance with the foregoing and full payment of the application fee, the Town Clerk shall promptly transmit same to the town water system operator (who shall be the Village of Massena Water Department). It shall be in the discretion of the Village Superintendent of Public Works, as the town assignee, 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 town, except the duly authorized representatives of the Town of Massena. Any person violating any of the foregoing provisions shall be guilty of disorderly conduct and subject to a penalty of not less than $25 for the first offense and $50 for each additional offense nor more than $250, in addition to any other appropriate criminal or civil liability.

The installation of a service pipe from the curb box to the meter shall be to the satisfaction of the Village Superintendent of Public Works or his representative. The curb stop shall remain closed and shall not be opened by anyone other than the Village Superintendent of Public Works or his agent.

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 road opening permit from the proper authority.

(6)

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

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

Each premises having its own frontage upon a road 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 road 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 Village Superintendent of Public Works before any connection is made so that the Superintendent may place a separate meter for each building using water under such conditions. Any person who violates the provisions of this section shall be guilty of disorderly conduct and subject to a penalty of not less than $25 for the first offense and a penalty not greater than $250 for each additional offense, in addition to any other appropriate criminal or civil liability.

(7)

The minimum size service pipe to be installed shall have a diameter of 3/4 inch, and, in making an application, the applicant shall state the size of the service desired.

(8)

No connection of any kind shall be made 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 his 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 Village Superintendent of Public Works or his representative, all of which shall be at the expense of the applicant. Detailed methods of connection to the existing service pipe shall be in accordance with the instructions of the Village Superintendent of Public Works or his representative. The applicant must pay the charge which is 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, the corporation stop controlling such service must be closed at the main prior to any withdrawal of water through the reconstructed service pipe.

(11)

The connection of any pumps or heat pumps, or similar devices which extract heat or cold from water, to the town water supply is expressly prohibited.

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

Sample cross-connection control. It shall be unlawful for the owner of property or the user of town water, or both, to introduce or permit the introduction into the town water supply system of pollution or contamination of any kind. Whenever cross-connection to other water supply into the town system is found or whenever any other condition is found which presents the possibility of contamination or pollution, the water supply to such premises and/or other premises from which cross-connection is made shall be discontinued immediately until the cross-connection is eliminated or the condition remedied. The operator of the waterworks may permit or require a backflow prevention device, of pattern and design which the New York State Department of Health approves as reasonably adequate to prevent contamination, if the operator determines that a complete physical separation from the town water system is not practicable or necessary or that adequate inspection for cross-connection cannot readily be made or that such backflow preventer is necessary because of existing or possible backflow resulting from special condition, use or equipment. Any corrective measure, disconnection or change on private property shall be at the sole expense of the person in control of such property. Any changes required in the town system outside the property or between the meter and the supply line or distribution system and any charges for cutoff or disconnection shall be added to the charges for water against the premises necessitating such expenditure. All physical connections which may constitute potential cross-connection are prohibited unless constructed, maintained and operated in accordance with the provisions of the New York State Sanitary Code, Chapter 1, Subpart 5-1, Section 5-1.31.

Swimming pool filling will be in accordance with the Village of Massena policy.[1]

[1]

Editor's Note: The village's policy regarding the filling of swimming pools is included at the end of this chapter.

§ 205-3 General regulations; penalties for offenses.

Except in cases of fire, no person or persons shall take water from the fire hydrants of said town for any purpose whatsoever without having obtained a special permit from the Town of Massena, which permit shall be conditioned in accordance with the circumstances involved at the discretion of the Town of Massena, and, in case of fire, said fire hydrants shall be opened and water taken therefrom only by town employees or active members of the Fire Department. Any person violating the provisions of this subsection shall be guilty of disorderly conduct and subject to a fine and penalty of not less than $50 for the first offense and $100 for each additional offense, in addition to any other appropriate criminal or civil liability.

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

The consumer is required to notify the Village Superintendent of Public Works of any leak occurring in or damage to the service line. In such case the water will be turned off at the curb stop and shall remain turned off until the leak or the damage is repaired to the satisfaction of the Village Superintendent of Public Works. All repairs to the service line between the curb stop and the water meter shall be made by the consumer at his own cost and expense. The repairs to the service line between the main and the curb stop shall also be made at the expense of the consumer. If the service pipe is all galvanized iron, at the option of the Village Superintendent of Public Works, a service of galvanized iron pipe may be required to be replaced with a copper service pipe between the main and the curb stop at the expense of the consumer. In all cases, repairs shall be made in conformity with the specifications 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 Town of Massena, nor is it to be construed as affecting any future agreements similar to the ones heretofore executed.

If it is desired to abandon a service, the Town of Massena shall be notified, and the service will be disconnected at the meter. The work shall be performed at the expense of the owner.

The Village Superintendent of Public Works of the Village of Massena, as a duly authorized representative of the Town of Massena, shall have control of the installation, maintenance, repair and adjustment of taps, mains, curb boxes, service pipes and meters. The Town of Massena shall not be responsible for breaks, obstructions or interruption in service arising from any cause whatsoever, except that it may take such steps as are reasonable upon proper notification to make such repairs as may be necessary to restore service from the main to the curb stop. Charges for such repairs are to be made in accordance with Subsection C of this section.

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 Town of Massena or its duly authorized representatives and only upon filing proper notice with said Town of Massena. Violations of this rule shall be sufficient cause for discontinuing the service, in addition to which a penalty of $25 shall be imposed for the first offense and $50 for each additional offense, in addition to any other appropriate criminal or civil liability.

The Town of Massena shall not be liable for any damage which may result in consumers' pipes, appliances or other fixture from the shutting off of water mains or service pipes for any purpose whatsoever, whether previous notice has been given or not. No deduction from the service charge will be made for periods when the service is shut off. In cases where coils or other devices are installed in heating furnaces or separate heating devices for the purpose of providing domestic hot water, an approved check and relief valve must be installed at the expense of the owner in the supply of the 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 his peril. The Town of Massena assumes no responsibility for the proper operation and function of said valves.

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 consumer to prevent collapse or explosion in case the water is shut off from the water main.

The Town of Massena shall not be held liable for any damage sustained by reason of failure to supply water to any owner at any time or for any cause, and it reserves the right to control the amount of water supplied in the event that the supply becomes short for any reason, in particular, the right, at any time it is considered necessary, to prohibit the use of water for sprinkling of lawns or gardens or for any other purpose.

The Town of Massena does not guarantee service from the road main to the meter or through the house or through any piping valves or connections therein.

The Town of Massena 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.

§ 205-4 Furnishing of meters.

Approved meters to be used within the limits of the Town of Massena will be furnished by the property owner at the property owners' expense and shall remain the property of the town. All connections in the Town of Massena will be metered.

§ 205-5 Size of meters.

Meters shall be the size determined by the requirements of each particular installation and shall be adequate for delivering and measuring accurately the peak loads which they may be required to handle.

In case of installations having three-fourths-inch service pipes, the requirements of Subsection A of this section will usually be deemed to have been met where the meter is of five-eighths-inch size with three-fourths-inch connections.

In case of installations having service pipes larger than 3/4 inch, the requirements of Subsection A of this section will usually be deemed to have been met where the meter is of the same size as the service pipe.

Where the service pipe is larger than 3/4 inch, a meter of smaller size than the service pipe may be used.

In all other cases which are not specifically covered by this section, the judgment and discretion of the Village Superintendent of Public Works, a duly approved assignee of the Town of Massena, is final and binding.

§ 205-6 Location of meter and remote or outside reader.

The service connection and the plumbing in the building to be served shall be so arranged that the meter can be placed in a horizontal position not more than three feet from the point at which the service enters the building. There shall be installed by the owner a suitable stop and waste valve between the point where the service enters the building and the meter, which must at all times be within clear view, and the location thereof must be easily accessible for reading, inspection and repair.

The Town of Massena may install a remote or outside reader on any building served by the town water system. This remote or outside reader shall be installed by the property owner. The remote or outside reader shall be installed at a location which is easily accessible for reading. The Village Superintendent of Public Works shall designate such location.

§ 205-7 Right to enter.

Employees or agents of the Town of Massena may enter the premises of the consumer at any reasonable time to examine its connections and to determine the quantity of water used and the method and manner of its use. The hours between 8:00 a.m. and 6:00 p.m. shall be considered reasonable hours for this purpose.

§ 205-8 Damage to meter.

Damaged meters shall be repaired by the Town of Massena at the expense of the consumer, except where the damage is caused by ordinary wear and tear.

§ 205-9 Interference with meters.

All persons are forbidden to interfere with or remove a water meter from any service. Any person violating the provisions of this subsection shall be guilty of disorderly conduct and subject to a fine and penalty of not less than $50 nor more than $250, in addition to any other appropriate criminal or civil liability.

No seal placed by the Town of Massena for the protection of any meter, valve, fitting or other water connection shall be tampered with or defaced. It shall not be broken except on written authorization from the Village Superintendent of Public Works. Where the seal is broken, the Town of Massena reserves the right to order the meter removed for test at the expense of the consumer.

Whenever a seal on a water meter shall be found to be broken, it shall be presumptive evidence that it was broken by the owner or occupant of the premises in which it is located. Any person violating the provisions of this subsection shall be guilty of disorderly conduct and subject to a fine and penalty of not less than $50 nor more than $250, in addition to any other appropriate criminal or civil liability.

§ 205-10 Rates and charges.

General rates and minimum allowed usage. The district billing period will be a month. Water shall be charged to all consumers, users or takers of water in accordance with the following rates:

Fixed cost rate:

The rate to be charged for district debt and administration is $11.50 per benefited parcel (EDU) per billing period. The rate to be charged for a District Maintenance Capital Reserve Fund is $3 per benefited parcel (EDU) per billing period.

[Amended 3-20-2013 by L.L. No. 1-2013]

The number of benefited units of the property connected shall be determined or modified by resolution of the Town Board of the Town of Massena annually enacted and thereafter filed with the Town Clerk. Effective on the billing period beginning September 2000, the billing water units are as follows:

	Typical Classifications		Number of User Units per Classification
	One-family residence		1
	Two-family residence		2
	For each additional family or apartment over listing described		1
	Businesses or commercial use without living quarters, per 10 employees, minimum 1 unit charge		1
	Commercial use with living quarters for 1 family		2
	Commercial use with living quarters for 2 families		3
	Churches		1
	Restaurant without living quarters		1
	Restaurant with living quarters for 1 family		2
	Bar with restaurant (full menu)		2
	Beauty shops or barbershops		1
	Laundromat (per washer)		1/2
	Post office		1
	Adult homes		1 per apartment
	Car wash (per wash bay)		3
	Vacant buildable lots		1/2
	Hotel and motel		1 plus 1/3 per room
	Fire department		1
	School		1 per 15 students and staff
	Seasonal campground - occupied campsite nights times 2.5 persons per site times 30 gallons per day per person divided by 72,000 gallons per year equals EDU (round to next full EDU unit)

User unit (EDU) rates will be established annually by the Town Board for payment of all debt incurred.

All users in which the water distribution mains are adjacent to their property lines are required to pay for the debt portion of the district costs even if they do not connect.

A vacant buildable lot is considered 20,000 square feet.

Operation and maintenance. Effective September 1, 2000, all customers of the Town of Massena Water District shall pay the following established rates:

Metered rates inside or outside the Massena Water District, per billing period, will be per the Town and Village of Massena Inter-Municipal Agreement (IMA).

Water usage rate schedule (effective 2-1-2020) for customers using water:

[Amended 12-18-2019]

Use	Rate per 1,000 Gallons Gallons per Month	Minimum per Month
Residential	$4.94	$14.82
Commercial	$8.99	$67.43 for 7,500 gallons
Industrial	$8.99	Per contract agreement
Institutional	$4.94	$98.80 for 20,000 gallons

Adjustments to water charges.

Authority. The Town Board shall seek village approval to consider and, at its discretion, to make adjustments to individual water charges.

Threshold amount of water bill. No water charge shall be considered for adjustment unless said bill shall be at least $500 larger than or three times greater than the average of the four previous water charges for the same characteristics of water use.

Application; proof and procedure for adjustment.

Written application shall be made by the landowner or other person responsible for payment of the water charges within 20 days of receipt. It shall contain the name of the landowner, the premises serviced by the water meter and the name and address of any other person(s) responsible for the water charges. Such application shall also contain a detailed statement setting forth the reasons for the increased usage.

Upon receipt of the application, the town shall direct the meter reader person to investigate the material allegations contained in the statement and report to the Village Water Department. The Village Water Department, a town assignee, shall make any other investigation as shall be fit.

(c)

No water charges shall be adjusted by the Town Board if it shall appear that the increased water usage has been of benefit to the landowners or other persons, is a result of negligence or lack of due care by the landowner or other person responsible for payment of the water charges, or where the loss occasioned by the increased usage may be recovered from other sources, including insurances.

(d)

No adjustment shall be made more than one time in a five-year period by a landowner or other person responsible for the water charges, as he/she deems appropriate.

If the criteria set forth in Subsection C(2) and (3) above are met, the Town Board may make an adjustment to said charges, as it deems appropriate.

(5)

When making such adjustments, the Town Board shall ensure that all costs attributable to the production of the wasted water, other than debt service, shall be paid by the customer responsible for the water bill.

The Town Board of the Town of Massena may change any rate to be charged to any water district of the Town by resolution of the Board after a hearing on not less than five days' public notice of said hearing. The notice shall specify the purpose of the public hearing and any such changes shall be available for inspection at the office of the Town Clerk during normal business hours.

[Added 3-20-2013 by L.L. No. 2-2013]

§ 205-11 Shutting off and turning on of water.

[Amended 12-18-2019]

Should it be desired by the consumer to discontinue the use of water, the Town of Massena shall be notified in writing as to the desired time and place at which the service is to be discontinued. The Board shall require the Village Superintendent of Public Works or his representative to shut off the service at the curb box. When it is desired to resume service, similar notification shall be given to the Town of Massena, and, upon payment of all indebtedness, the Village Superintendent of Public Works or his representative will turn on or off the water at the curb box. The charge made for turning on or off the water shall be $25, payable to the Village of Massena.

§ 205-12 Testing of meters.

It is the policy of the Town of Massena to make periodic tests at approximately eight-year intervals of all meters sized one inch and smaller, without specific charge to the consumer. There shall be, however, no obligation upon the Department to make these tests, nor shall the failure to do so give rise to the assumption that the meters are in any way out of order or incorrectly registering.

The meters will be tested at the request of the property owner upon the payment, in escrow, to the village of the sum of $10. If the tested meter is found to be within the error limits established by the Superintendent, said deposit will be forfeited to the Village of Massena. If the tested meter exceeds the error limits established by the Superintendent, the above deposit will be returned to the consumer or owner. Such testing will be at such times as is convenient for the Village Water Department, a town assignee.

If there should be a disarrangement of the meter or a faulty registration of the quantity of water consumed for the current quarter, the correct amount shall be taken to be that of the registration plus the deficiency or less the excess that the subsequent readings of the meters shall indicate, and if it is found that the meter is stopped or fails to register, the quantity of water consumed shall be taken to be the same as that of the average of the previous four quarters and the bill rendered accordingly.

§ 205-13 Repair of meters.

Where repairs to meters are necessitated by the normal deterioration of the meters through use, the cost of repairing such meters shall be borne by the Town of Massena.

Where repairs to meters are necessitated by neglect on the part of the consumer, such as damage done by freezing or by hot water backing through the meter or actual breakage, the consumer shall be charged for the cost of the repair work. Such cost, however, shall not exceed the cost of purchasing a new meter of the same size.

§ 205-14 Reading of meters.

When bills are desired by the consumer at other than regularly specified times, a bill will be given after the receipt of a written request.

§ 205-15 Responsibility for frozen services.

The Town of Massena does not assume responsibility for frozen services, notwithstanding the fact that installation of any service which may subsequently become frozen had been installed by the town or its representatives.

§ 205-16 Billing procedure.

Each consumer will, unless it is otherwise provided, receive a bill for water monthly or quarterly, the same to be due and payable upon presentation.

In any case where the amount of water used is of such quantity that the Village Superintendent of Public Works shall deem it advisable to issue a bill monthly, it shall be done notwithstanding the provisions of the foregoing subsection. The decision of the Village Superintendent of Public Works shall be binding, and the bills shall become due and payable upon presentation.

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

Failure to receive either a quarterly or monthly bill does not entitle any consumer to avoid the penalty as hereinafter prescribed. The Town of Massena does not guarantee billing or delivery of bills to any consumer.

§ 205-17 Penalties for delinquent bills.

In the event that any previous water bill, whether the same is rendered quarterly or monthly, has not been paid in full, a penalty of 10% of the amount of the unpaid bill will be assessed and added to the water consumption bill. Said penalty of 10% shall go into effect the 11th day of the month following the date of the bill. However, if payment is made by mail, payment shall be presumed timely if the envelope containing said payment is postmarked before the closing of the 10th day of the month following the date of the bill.

If payment is made by use of the night deposit box, payment shall be presumed timely if the payment is removed by 8:00 a.m. the morning after the due date of the bill. It is then backdated one business day and posted with such date.

§ 205-18 Nonpayment of bills.

Unpaid bills for water service charges or other charges incurred by the consumer are a lien upon the property. The town 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.

On or before the first day of May in each year, the town shall submit to the Town Board a statement showing the names of the owners of property who have not paid the water rent as provided or prescribed herein and the amount of such delinquency. Such amounts shall be levied as taxes upon the several properties owned by the persons named in such statement and shall be shown in a separate column in the tax roll under the name of "Water Rents." Such water rents may also be collected in the manner prescribed in Subdivision 4 of § 452 of the General Municipal Law.

§ 205-19 Private fire protection regulations and rates.

In cases where it is desired to install connections to private fire protection systems, written application shall be made to the town, 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 town previous to any work being done.

The Town of Massena reserves the right to impose specific regulations in connection with the supply to private fire protection systems, payable to the Village of Massena. The rates for such service shall be as follows:

Sprinkler systems shall be charged at the rate of $0.25 per year per sprinkler head. The minimum charge is to be $120 per year.

Standpipe service shall be $40 per year. This amount covers all systems having a pipe serving the system, which pipe is not over two inches in diameter. For all pipes serving systems in excess of two inches in diameter, the charge, which shall be in addition to the charge heretofore set forth, will be $15 per year per inch.

All installations necessary to serve private fire protection systems shall be constructed and maintained at the sole expense of the owner or applicant. Connections for private fire protection purposes shall be properly valved at the expense of the consumer in order to prevent the use of water for any other purpose than those which are contemplated by this article. Private hydrants shall be charged a rate of $40 per year.

§ 205-20 Extending service to areas outside existing town water districts.

The Town Board may consent to the extension of town water mains upon such terms and conditions as the Village and Town Board may agree; provided, however, that ownership of all mains and equipment, except laterals from the road or right-of-way to the building, shall be owned by the town; the laterals by the property owner.

As a precondition to the receipt of town water service from and after the effective date of this chapter, any such water main or equipment lying in any road or right-of-way shall be transferred to the Town of Massena.

§ 205-21 Discontinuance of water service to multiple dwellings.

The Water Department shall not discontinue water service to an entire multiple dwelling (as defined in the Multiple Dwelling Law or the Multiple Residence Law) located in this town for nonpayment of bills rendered for service unless such Department shall have given 15 days' notice of its intention to so discontinue as follows:

Such notice shall be served personally on the owner of the premises affected or, in lieu thereof, to the person, firm or corporation to whom or which the last preceding bill has been rendered and from whom or which the utility has received payment therefor and to the superintendent or other person in charge of the building or premises affected, if it can be readily ascertained that there is such superintendent or other person in charge.

In lieu of personal delivery of the person or persons, firm or corporation specified in Subsection A(1) above, such notice may be mailed in a postpaid wrapper to the address of such person or persons, firm or corporation.

Additional notice.

In addition to the notice prescribed by Subsection A(1) and (2) above, 15 days' written notice shall be:

[1]

Posted in the public areas of such multiple dwelling;

[2]

Mailed to the occupant of each unit in that multiple dwelling;

[3]

Mailed to the local health officer and the director of the social services district for the political subdivision in which the multiple dwelling is located;

[4]

If the multiple dwelling is located in a city or town, mailed to the Mayor thereof or, if there is none, to the Manager or, if the multiple dwelling is located in a town, then mailed to the Town Supervisor; and

[5]

Mailed to the County Executive of the county in which the multiple dwelling is located or, if there is none, then the Chairman of such county's legislative body.

Notice required by Subsection A(3)(a)[4] and [5] may be mailed to the persons specified therein or to their respective designees. The notice required by this subsection shall state the intended date of discontinuance of service, the amount due for such service and the procedure by which any tenant or public agency may make such payment and thereby avoid discontinuance of service.