Village of Phoenix, NY
Oswego County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Phoenix 3-15-1971 (Ch. 55 of the 1993 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 149.
Streets and sidewalks — See Ch. 165.
Subdivision of land — See Ch. 169.
This chapter represents the conditions under which the Village of Phoenix undertakes to supply water to users served by the Village water service. The quality of the water so supplied is not defined, except that the requirements of the New York State Health Department will be maintained.
Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows:
ACCESSORY UNIT
A portion of a building incidental and subordinate to the main use of the building. Such will include, where permitted, use for the office of a resident physician, surgeon, dentist, engineer, lawyer, insurance or real estate broker, beautician or barber and other customary home occupations.
APPROVED
Accepted by the Water Superintendent as meeting an applicable specification stated or cited in this chapter, or as suitable for the proposed use.
[Added 10-19-2010 by L.L. No. 4-2010]
AUXILIARY WATER SUPPLY
Any water supply, on or available, to the premises other than the approved public potable water supply.
[Added 10-19-2010 by L.L. No. 4-2010]
BACKFLOW
The flow of water or other liquids, mixtures or substances under positive or reduced pressure in the distribution pipes of a potable water supply from any source other than its intended source.
[Added 10-19-2010 by L.L. No. 4-2010]
BACKFLOW PREVENTER
A device or means designed to prevent backflow or backsiphonage; most commonly categorized as air gap, reduced pressure principle device, double check valve assembly, pressure vacuum breaker, atmospheric vacuum breaker, hose bibb vacuum breaker, residential dual check, double check with intermediate atmospheric vent, and barometric loop:
[Added 10-19-2010 by L.L. No. 4-2010]
A. 
A physical separation sufficient to prevent backflow between the free-flowing discharge end of the potable water system and any other system. Physically defined as a distance equal to twice the diameter of the supply side pipe diameter but never less than one inch.
B. 
A device which prevents backsiphonage by creating an atmospheric vent when there is either a negative pressure or subatmospheric pressure in a water system.
C. 
A fabricated piping arrangement rising at least 35 feet at its topmost point above the highest fixture it supplies. It is utilized in water supply systems to protect against backsiphonage.
D. 
An assembly of two independently operating spring loaded check valves with tightly closing shut-off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve.
E. 
A device having two spring loaded check valves separated by an atmospheric vent chamber.
F. 
A device which is permanently attached to a hose bibb and which acts as an atmospheric vacuum breaker.
G. 
A device containing one or two independently operated spring loaded check valves and an independently operated spring loaded air inlet valve located on the discharge side of the check or checks. Device includes tightly closing shut-off valves on each side of the check valves and properly located test cocks for the testing of the check valve(s).
H. 
An assembly consisting of two independently operating approved check valves with an automatically operating differential relief valve located between the two check valves, tightly closing shut-off valves on each side of the check valves plus properly located test cocks for the testing of the check valves and the relief valve.
I. 
An assembly of two spring-loaded, independently operating check valves without tightly closing shut-off valves and test cocks. Generally employed immediately downstream of the water meter to act as a containment device.
BACKPRESSURE
A condition in which the owner's system pressure is greater than the supplier's system pressure.
[Added 10-19-2010 by L.L. No. 4-2010]
BACKSIPHONAGE
The flow of water or other liquids, mixtures or substances into the distribution pipes of a water system from any source other than its intended source caused by the sudden reduction of pressure in the water system.
[Added 10-19-2010 by L.L. No. 4-2010]
CONTAINMENT
A method of backflow prevention which requires a backflow preventer at the water service entrance.
[Added 10-19-2010 by L.L. No. 4-2010]
CONTAMINANT
A substance that will impair the quality of the water to a degree that it creates a serious health hazard to the public, leading to poisoning or the spread of disease.
[Added 10-19-2010 by L.L. No. 4-2010]
CROSS-CONNECTION
Any actual or potential connection between the water system and a source of contamination or pollution.
[Added 10-19-2010 by L.L. No. 4-2010]
CUSTOMER
The ultimate user, either within or without the boundaries of the Village of Phoenix, as served by the water system.
DEPARTMENT (or WATER DEPARTMENT)
The Village of Phoenix, including without limitation the designated officer(s) or employee(s) having authority relative to the operation, administration and maintenance of the water system.
[Added 10-19-2010 by L.L. No. 4-2010]
DWELLING UNIT
A dwelling or a building, or a portion thereof, providing complete living, sleeping, eating and sanitary facilities for one family.
FIXTURE ISOLATION
A method of backflow prevention in which a backflow preventer is located to correct a cross connection at an in-plant location rather than at a water service entrance.
[Added 10-19-2010 by L.L. No. 4-2010]
MUNICIPAL WATER DISTRICT OR WATER DISTRICT
The water system supplying customers within the corporate limits of the Village of Phoenix.
OTHER OUTSIDE CUSTOMERS
Customers outside of the corporate limits of the Village of Phoenix where such customers are served on an individual basis, as distinct from the outside water district referred to below.
OUTSIDE WATER DISTRICT
The water system supplying customers outside of the corporate limits of the Village of Phoenix. The outside water district represents a number of customers with group financial responsibility, in accordance with New York State regulations.
OWNER
Any person who has legal title to possession, control, lease, or license to operate or habitate premises served or to be served by the water system.
[Added 10-19-2010 by L.L. No. 4-2010]
PREMISES
Real property as served by, required by law to be subject to the provisions of Chapter 196, and/or improved or intended to be improved for connection to the water system.
[Added 10-19-2010 by L.L. No. 4-2010]
SEWER SYSTEM
Any sewer system in the Village of Phoenix, County of Oswego and State of New York.
[Added 10-19-2010 by L.L. No. 4-2010]
SUPERINTENDENT OF THE WATER DISTRICT
The person designated or appointed by the Village of Phoenix to have charge of the Water District as herein defined.
VILLAGE
The Village of Phoenix, New York, and/or its water supply system.
VILLAGE BOARD
The Village Board of the Village of Phoenix, County of Oswego and State of New York.
[Added 10-19-2010 by L.L. No. 4-2010]
WATER DISTRIBUTION SYSTEM
All facilities to distribute water to the ultimate user.
WATER SYSTEM (or "SYSTEM")
The water system of the Village of Phoenix, County of Oswego and State of New York, including to the extent serving premises located outside the Village.
[Added 10-19-2010 by L.L. No. 4-2010]
WATER SERVICE ENTRANCE
That point in the owner's water system beyond the sanitary control of the system; generally considered to be the outlet end of the water meter and always before any unprotected branch.
[Added 10-19-2010 by L.L. No. 4-2010]
WATER SUPERINTENDENT
The Department or delegated representative designated or appointed by the Village Board to have charge of the water and sewer systems.
[Added 10-19-2010 by L.L. No. 4-2010]
WATERWORKS
All facilities for obtaining, pressurizing, pumping and treating water.
It shall be the policy of the Village to supply the requirements of all accepted customers as long as and wherever it is capable of doing so.
If for any reason the water system becomes incapable of supplying the requirements of all accepted customers, the Village reserves the right to restrict or discontinue services according to the following priorities:
A. 
Other outside customers.
B. 
Outside water districts.
C. 
Industrial and then commercial customers within the Municipal Water District.
It shall be the policy of the Village that the total costs (capital, maintenance and operational) of supplying, treating and distributing water shall be borne by a water service charge and that such a charge (to be subsequently defined) will be based (in a manner to be later defined) on the actual or estimated volume of water consumed/used by the customer.
Any customer accepting water from the water system subscribes to and agrees to abide by all provisions, rules, regulations, etc., of this chapter. Failure to do so will render the customer liable to the penalties hereinafter defined. Additionally, any customer accepting water from the water system agrees that the Municipal Water District is not liable for damages, loss of income, etc., as a result of the Municipal Water District's failure to supply adequate quantities of water.
A. 
Application for service (within Municipal Water District).
(1) 
All applications for the use of water must be made in writing on forms provided by the Village, designated "Application for Water Service" or "Application for Fire Protection Service." On acceptance by the Board of Water Commissioners of the Village, the application shall constitute a contract between the Village and the applicant, obligating the applicant to pay the Village its established rates and to comply with its rules and regulations.
(2) 
Applications will be accepted subject to there being an existing main in the street or right-of-way abutting on the premises to be served, but acceptance shall in no way obligate the Village to extend its mains to serve the premises, other than as provided for under Chapter 169, Subdivision of Land.
(3) 
A separate application must be made for each premises.
B. 
Application for service (outside water district or other outside customers).
(1) 
Applications for the use of water will be processed as in Subsection A above, except that each application will be acted on by the Village Board, following recommendations from the Water Commission.
(2) 
Applications will not be accepted if they involve the expenditure of capital funds by the Village except in those cases involving the construction of mains, meter pits, purchase and installation of bulk water, etc., where the applicant is a duly organized outside water district.
(3) 
Applications from an outside water district will not normally be accepted unless there is a mutual agreement as to the maximum average daily rate or a maximum usage rate of water to be supplied.
A. 
Installation of service (within Municipal Water District). The Village shall provide and install three-fourths-inch service pipes between the street main and the property line, including the curb cock. The applicant must install the service pipe between the property line and the meter location before the installation of the service pipe by the Water District. Lines installed by the applicant shall conform to the following requirements:
(1) 
The service pipe shall be laid at a depth of not less than four feet to prevent freezing.
(2) 
The service pipe shall not be less than three-fourths inch in diameter and be of the type "K" copper pipe. Larger service pipes shall be installed only when adequate proof is given that larger service is necessary.
(3) 
Meter shall be installed before property is occupied and not later than six months after the date of application.
B. 
Installation of service (outside water district or other outside customers).
(1) 
The Village will assume no responsibility for nor provide any service in connection with the installation and maintenance of the distribution system for an outside water district, other than to provide a meter pit, bulk meter and appurtenances.
(2) 
The Water District will install service pipes, etc., to serve other outside customers who are being served from mains owned by the Water District under conditions noted in Subsection A above. A direct charge, to defray time and material costs in connection with such an installation, will be established by the Superintendent of the Water District and must be paid prior to initiation of service.
C. 
Application notice. Application for water service must be made at the office of the Village Clerk not less than two weeks before the day when service is desired. Such notice must state definitely the size of the pipe to be run, the number of the premises, the side of the street and the name of the person owning the premises.
D. 
One connection on building. Only one premises shall be connected with or upon any one service pipe, except as otherwise provided for.
E. 
Two buildings; two connections. In case two or more premises are, at the time of the passing of this chapter, supplied by one service pipe, the water may be shut off unless the water bill for all the premises thus supplied is paid in full, as provided herein, irrespective of partial payments by any user. When the water is supplied to more than one party through a single tap, the water may be shut off unless the water bill is paid in full, as provided herein, irrespective of any partial payment by any user. In such cases the bill for the whole supply may be made to any or all of the users, as determined by the Superintendent of the Water District.
F. 
Authorized tapping. No person, except the properly authorized employees of the Water District, will be permitted to tap or make any connection with the mains or distributing pipes of the Water District.
G. 
Unauthorized connections. No person shall make any attachment to or connect with or tap into the pipes of the Water District or make any additions, extensions to or alterations of any tap, pipe or other fixture attached to, or intended to become attached to, the pipes of the Water District, including the service pipes between the main and the meter, without first having obtained a written permit from the Superintendent of the Water District.
A. 
Installation charges (within Municipal Water District).
(1) 
The charge for water service installation shall be a tap-in fee as established by resolution of the Board of Trustees for a three-fourths-inch line within the Village, payable when application for service is made.
[Amended 8-16-1977; 6-16-1992 by L.L. No. 4-1992]
(2) 
Where a line larger than 3/4 inch or a meter larger than 5/8 inch is required, the difference in the cost of labor and materials between such line and the line which the Water District normally would install shall be an excess cost to be paid by the applicant before he or she is furnished with water.
B. 
Installation charges (outside water district or other outside customers).
(1) 
Outside water district. Installation charges are not levied in connection with the extension or establishment of an outside water district, except that the Village will be reimbursed for the actual capital costs of extending its mains up to the meter and for the provision of bulk meters, meter pits and appurtenances prior to the initiation of service. (Despite this reimbursement, ownership of such Village mains, meters, pits, etc., remains with the Village).
(2) 
Other outside customers. In addition to the time and material charge noted in § 196-8B(2), the charge for water service installation shall be a tap-in fee as established by resolution of the Board of Trustees for a three-fourths-inch line outside the Village, payable when application for service is made.
[Amended 8-16-1977; 6-16-1992 by L.L. No. 4-1992]
A. 
Maintenance of all parts of the water system (wells, chemical-treatment units, standpipes, meters and distribution system) is the responsibility of the Municipal Water District, except for:
(1) 
Service pipes between the property or curbline and the customer's point of use.
(2) 
The distribution system of an outside water district (beyond the meter).
(3) 
The service pipe between the shutoff at the main and the customer's point of use in the case of other outside customers.
B. 
Maintenance of lines under Subsection A above is the responsibility of the customer, and any leak in the service pipes at any point beyond the curb cock at the property or the meter pit lines must be immediately repaired by the owner or occupant of the premises or the outside water district, and if not repaired by the owner or occupant of the premises within 48 hours after notice thereof, the Superintendent of the Water District may discontinue service at the curbline (or meter, if an outside water district).
A. 
When required for construction or repair work, the Water District shall have the right to shut off the water and keep it shut off as long as may be necessary, and no deduction from water bills shall be made or damages allowed for the time the water is shut off.
B. 
If the water is turned off by the Water District for nonpayment of water bills or violations of this chapter, the water shall not be turned on until the arrears are paid in full or the violations rectified. The water shall be turned on only by the Water District, and a charge as established by resolution of the Board of Trustees shall be paid prior to turning the water on.
[Amended 6-16-1992 by L.L. No. 4-1992]
C. 
In case the water has been turned off for nonpayment of water rent or by reason of violation of this chapter or any rule of the Water District and the water is found on again or if, in the opinion of the Superintendent of the Water District, turning off the water at the curb cock is not sufficient protection against the use of water, the Superintendent may withdraw the ferrule or tap. When the ferrule or tap has been withdrawn, a charge as established by resolution of the Board of Trustees must be paid to the Water District before it is replaced.
[Amended 6-16-1992 by L.L. No. 4-1992]
D. 
Except for hydrants in case of fire, no person shall turn on or off the water on any main or service pipe, reservoir or hydrant without written permission from the Superintendent of the Water District.
E. 
In the event that the property served becomes unfit for human habitation or becomes unfit for the uses reasonably intended for such property and the residents or occupants or users of such property would be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety and such conditions were not the result of the owner's, resident's, user's or occupant's action or inactions, the water service to such property shall be turned off upon the request of the owner for a period of up to six months and the payment of a fee established by resolution of the Board of Trustees. During this time, there will not be any further water or sewer charges assessed against the property, however, trash will be billed.
[Added 2-2-1993 by L.L. No. 1-1993; amended 6-18-2019 by L.L. No. 3-2019]
F. 
Water service will be restored to properties turned off pursuant to Subsection E upon the request of the owner and the payment of a fee established by resolution of the Board of Trustees.
[Added 2-2-1993 by L.L. No. No. 1-1993]
Service for sprinkler systems (wet or dry) will be provided where requested within the Municipal Water District (but not outside of the Municipal Water District) under the following conditions:
A. 
The property owner will reimburse the Municipal Water District in accordance with time and material costs to provided service between the water main and the property line, such charges to be determined by the Superintendent of the Water District in each case.
B. 
The system must be closed, i.e., no taps or other outlets other than the sprinkler heads.
C. 
Installation charges will be levied by the Municipal Water District as in § 196-9.
D. 
The water service charge will be a fixed fee, in accordance with procedures noted in §§ 196-14 through 196-16 of this chapter.
E. 
The system must be made available for inspection on request by the Superintendent of the Municipal Water District.
A. 
The Municipal Water District may, at its discretion, extend existing mains within the land boundaries of the Village, with 25% of the cost of the extension being a direct charge to the benefited properties and the balance a general charge to the Municipal Water District. In the case of properties with frontage on more than one street, this direct charge will be calculated on the basis of one boundary only, this to be the largest boundary. Similarly, the Municipal Water District may, at its discretion, replace, enlarge, etc., existing mains and laterals, the cost being a general charge to the Municipal Water District.
B. 
Extensions of the distribution system to provide service to a subdivision are covered in Chapter 169, Subdivision of Land, and are a one-hundred-percent direct charge to the subscriber.
C. 
Engineering specifications for materials of construction, system design, etc., are generated by or subject to the approval of the Municipal Water District. In general, all extensions shall be constructed with cast-iron pipes, transite pipe or equivalent, a minimum of six inches in diameter, laid at least 4.5 feet below the established street grade and provided with hydrants not more than 600 feet apart and with a hydrant at the end of dead-end lines.
[Amended 9-6-2011 by L.L. No. 3-2011]
A. 
Total costs of the installation, operation and maintenance of the Municipal Water District's facilities will be borne by a water service charge against the customer. The amount of the water service charge will be determined and established from time to time by the Village Board, on recommendation from the Village Board of Water Commissioners, if such a Board of Water Commissioners has been appointed.
B. 
The water service charge shall be based upon a metered charge per premises basis (as the term "premises" is defined at § 196-2 hereof), provided, however, any premises, or part thereof, containing space which is readily capable of being or is separately occupied, rented or utilized as (a) living unit(s) and which is not metered for all usage with such premises, shall be required to pay a minimum water charge (as established by the Board of Trustees from time to time) for any such unit(s) not included in metered usage. This shall not apply to (a) legally established home occupation(s) of a living unit resident. The foregoing notwithstanding, the imposition of such charges shall not in and of itself legalize or legitimize (a) use(s) that is/are otherwise in violation of local or state zoning or building codes, laws, or regulations promulgated thereunder. Upon investigation and determination by the Village that any such additional charge(s) appear to be warranted, Village shall send written notice, via first-class mail and registered or certified mail, to the owner (as indicated in Village property tax records) of the premises or building within which the premises are part, advising of same and the facts/observations upon which the determination is based. Unless such owner, within 30 days of receipt of such written notice, by personal delivery or first-class and registered or certified mail, objects to the imposition of additional charge(s) with supporting explanation, the additional imposition shall be deemed accurate and legitimate. Upon receipt of such timely objection the Village Board shall consider same at its next or following regular meeting and make final determination. The objecting owner shall be notified of the meeting when such issue will be considered and may offer testimony in support of its objection.
A. 
It is the intent of this chapter that the water service charge be based on the actual volume of water accepted by the customer, as determined by a volumetric meter, and that the charge be expressed in cents per 1,000 gallons or equivalent. The charge will be graded to reflect lower gallonage rates as higher volumes are accepted.
B. 
The water service charge levied on outside water districts and on other outside customers will be at a higher rate than those used within the Municipal Water District.
C. 
An exception to the above is the charge for sprinkler service, § 196-12, which shall be based on a fixed annual fee, plus a fixed charge each time the system is energized.
A. 
Application of meters. As noted previously, customers will be serviced only through volumetric meters (except in the case of sprinkler systems). The Municipal Water District will not become involved in submetering except in the case of condominium apartments of multiple ownership; in these cases, separate meters will be provided for each premises.
[Amended 8-16-1977]
B. 
Responsibility for metering. It shall be the responsibility of the Municipal Water District to purchase, maintain and rent all water meters, and the cost of such shall be included in the water service charge, except in the case of outside water districts. (See § 196-9B.)
[Amended 6-15-1999 by L.L. No. 4-1999]
(1) 
The owner of the premises shall provide a suitable place for the meter. The cost of all repair, parts and labor resulting from any damage which said meter may sustain by the carelessness of the owner or from the failure or neglect to properly protect and maintain the same or from negligence, as well as any damage which may result from allowing said meter to become frozen or to be injured by hot water or steam settling back from a boiler, plus the charge of $5 for disconnecting and resetting the same, shall be paid by the owner and shall be collected with the next water bill. No person shall tamper with, unseal or disconnect a water meter from any service after it has been approved by the Water District.
(2) 
All meters must at all reasonable times be accessible to Water District employees for examination and test for the purpose of reading usage.
(3) 
All defects or claims of defects in water meters shall be immediately reported to the Superintendent. If the consumer questions the accuracy of the water meter, the meter shall be tested by the Water District. If the meter registers between 98% and 102% of accuracy or if the meter is registering slow, the expense of the testing shall be paid by the consumer and collected with the next water bill. If the meter registers fast, outside the above limits, the expense of testing shall be paid by the Water District, and the water bill will be adjusted accordingly. Adjustments for improper registering or failure to register shall be made by the Superintendent of the Water District, limited to one quarter's water bill, and, when based upon reasonable facts and estimates, shall be binding and conclusive on the consumer and on the Water District.
(4) 
Water meters may, from time to time, be replaced by the Water District, and customers/owner of the premises shall at all reasonable times allow access to Water District employees for replacement. The Water District shall give written notice via ordinary mail to the customer/owner of the premises at least five calendar days prior to requesting access. Not withstanding any other provision to the contrary in this chapter, the Water District may, in addition to any other provisions of this chapter and not instead of, discontinue service pursuant to this chapter, charge an additional fee of up to $50 per quarter, or both if the customer/owner of the premises has not allowed such access.
[Added 2-5-2002 by L.L. No. 1-2002]
A. 
The water service charge shall be fixed annually or more frequently if deemed necessary by the Board of Water Commissioners, subject to the approval of the Village Board of Trustees. In fixing water service charges, itemization will be made for each of the following:
(1) 
Gallonage rate for service for customers within the Municipal Water District.
(2) 
Minimum charge for service for customers within the Municipal Water District.
(3) 
Gallonage rate for other outside customers.
(4) 
Minimum charge for other outside customers.
(5) 
Fixed and usage rates for customers maintaining sprinkler protection systems.
(6) 
Gallonage rate for outside water districts.
(7) 
Maximum gallonage to be sold (for outside water districts).
B. 
Rate schedules will be transmitted to the Village Clerk along with notification of the effective date of the new revised schedule.
[Added 12-5-1995 by L.L. No. 7-1995]
Notwithstanding any general, special or local law to the contrary, in addition to and not instead of any existing powers in law, the Board of Trustees or its designee shall be empowered to authorize:
A. 
Civil litigation against any property owner, individual, partnership and/or corporation to collect a past due water charge. Any such cost, including reasonable attorney's fees and costs, shall be charged to the owner of said real property involved and shall be collected in the manner provided by law for Village real property taxes.
B. 
The termination of any water for which there is a past due charge outstanding.
C. 
The property owner, individual, partnership and/or corporation responsible for a water account to post a deposit for the inception or continuance of water service.
A. 
Billing will be rendered quarterly from the office of the Village Clerk, with a net charge due within 30 calendar days of the billing date. Late charges will be assessed at the rate of 10% of the net billing per each calendar month or portion thereof beyond the due date of the net charge. The Board of Trustees may by resolution from time to time change the late charges to be assessed.
[Amended 7-3-1979; 9-16-2003 by L.L. No. 4-2003]
B. 
Bills are payable at the office of the Village Clerk.
C. 
Partial payments of outstanding accounts will be accepted but will not be credited in calculating late charges, nor will they be considered in determining whether or not service will be discontinued because of default in payment.
Property owners will be held responsible for the violation of the provisions of this chapter or of any of the rules or regulations of the Water District by themselves, their employees or agents or tenants.
In the case of outside water districts or other outside customers, violation of provisions of this chapter or arrears in payment of two billing periods will result, after five calendar days' notice, in discontinuance of service. Service will be restored only as provided heretofore in this chapter (§ 196-11).
[Amended 1-20-2004 by L.L. No. 1-2004]
In the case of customers within the Municipal Water District, violation of provisions of this chapter will result, after five calendar days' notice, in discontinuance of service, and service will be restored only as heretofore provided for in this chapter. Arrears in payment of any unpaid charges, established pursuant to this chapter, as of December 31 of each year, including late charges, interest and penalties, shall be included in the next annual tax levy for the property to which such services are rendered.
In the event that the Mayor or the Board of Trustees of the Village of Phoenix, because of developing water shortage conditions, declares that there is a state of emergency and directs that, until such time as the state of emergency has abated and public notice is given thereof, it shall be unlawful for any person or persons to use Village water for the purpose of sprinkling or irrigating lawns or gardens, for the purpose of washing vehicles or for any other outside user purposes, violation of such restriction, upon conviction therefor, is punishable by a fine of $25 for the initial instance and a fine of $50 for each subsequent instance of violation by the same individual or person.
[Amended 7-5-2000 by L.L. No. 4-2000]
Notwithstanding any other provisions to the contrary in this chapter, the Board of Trustees is hereby authorized pursuant to § 11-1118, entitled "Establishment of Water Rents" of the New York State Village Law, to establish by resolution, and to amend same from time to time, water rents to pay for the cost of capital improvements (including research, development, engineering and legal expenses) and meter replacements (including any and all related costs of the meters and the installation of same) based upon charges on either the consumption of water on the premises connected with and served by the water system or such part or parts thereof, the number and kind of plumbing fixtures on the premises connected with and served by the water system or such part or parts thereof or the number of persons served on the premises connected with and served by the water system or such part or parts thereof, or upon any other equitable basis as may be determined by the Board of Trustees, including but not limited to any combination of the foregoing. This provision shall be in addition to and not instead of any other method to charge for said cost.
[Added 9-5-1978; amended 10-19-2010 by L.L. No. 4-2010]
A. 
Purpose.
(1) 
To protect the public potable water supply and water system(s) served by the Village of Phoenix Water Department from the possibility of contamination or pollution by isolating, within its customers' internal distribution system, such contaminants or pollutants which could backflow or back-siphon into the public water system.
(2) 
To promote the elimination or control of existing cross connections, actual or potential, between its customers' in-plant potable water system, and nonpotable systems.
(3) 
To provide a program and policies governing, and except as otherwise expressly provided herein, solely at the expense of the owner of premises, the maintenance of a continuing program of cross-connection control which will effectively prevent the contamination or pollution of all potable water systems by cross-connection.
B. 
Responsibility.
(1) 
The Department will operate a cross-connection control program, to include the keeping of necessary records, which fulfills the requirements of the New York State Health Department.
(2) 
The Owner shall allow his property to be inspected for possible cross-connections and shall follow the provisions of the Department's program and all applicable laws and regulations.
(3) 
If the Department requires that the water system be protected by containment, the owner shall be responsible for water quality beyond the outlet end of the containment device and should utilize fixture outlet protection for that purpose. He may utilize public health officials, or personnel from the Department, or their delegated representatives, to assist him in the survey of his facilities and to assist him in the selection of proper fixture outlet devices, and the proper installation of these devices.
C. 
Cross-connection requirements.
(1) 
For new installations, engineered plans must be submitted, reviewed, and, to the extent required by applicable law, accepted by the Oswego County Health Department (OCHD) and the New York State Department of Health (NYSDOH) prior to installation and the department's issuance of a permit. The Department and/or OCHD will provide evaluation and/or inspection of plans in order to determine the type of backflow preventer, if any, that will be required, will issue the permit, and perform inspection and testing. In any case, a minimum of a dual check valve will be required for any new construction.
(2) 
For premises existing prior to the start of this program, the Department will perform evaluations and inspections of plans and/or premises and inform the owner by letter of any corrective action deemed necessary, the method of achieving the correction, and the time allowed for the correction to be made. Ordinarily, 90 days will be allowed; however, this time period may be shortened depending upon the degree of hazard involved and the history of the device(s) in question.
(3) 
The Department will not allow any cross-connection to remain unless it is protected by an approved backflow preventer for which a permit has been issued and which will be regularly tested to ensure satisfactory operation.
(4) 
The Department shall inform the owner by letter of any failure to comply, by the time of the first reinspection. The Department will allow an additional 15 days for the correction. In the event the owner fails to comply with the necessary correction by the time of the second reinspection, the Department will inform the owner by letter that the water service to the owner's premises will be terminated within a period not to exceed five days. In the event that the owner informs the Department of extenuating circumstances as to why the correction has not been made, a time extension may be granted by the Department but in no case will exceed an additional 30 days.
(5) 
If the Department determines at any time that a serious threat to the public health exists, the water service may be terminated immediately.
(6) 
The Department shall maintain a list of independent contractors who are certified backflow-device testers. All charges for these tests will be paid by the owner of the building or property.
(7) 
The Department will begin initial premises inspections to determine the nature of existing or potential hazards during the calendar year 2010 – 2011. Initial focus will be on high-hazard industries and commercial premises.
(8) 
Owner requirements, responsibilities and liabilities:
(a) 
The owner shall be responsible for the elimination or protection of all cross-connections on his premises.
(b) 
The owner, after having been informed by a letter from the Department, shall at his expense install, maintain, and test, or have tested, any and all backflow preventers on his premises.
(c) 
The owner shall correct any malfunction of the backflow preventer which is revealed by periodic testing.
(d) 
The owner shall inform the Department of any proposed or modified cross-connections and also of any existing cross-connections of which the owner is aware but which has not been found by the Department.
(e) 
The owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Owners who cannot shut down operation for testing of the device(s) must supply additional devices necessary to allow testing to take place.
(f) 
The owner shall install backflow preventers in a manner approved by the Department.
(g) 
The owner shall install only backflow preventers approved by the Department or the NYSDOH.
(h) 
Any owner having a private well or other private water source must have a permit if the well or source is cross-connected to the Department's system. Permission to cross-connect may be denied by the Department. The owner may be required to install a backflow preventer at the service entrance if a private water source is maintained, even if it is not cross-connected to the Department's system.
(i) 
In the event the owner installs plumbing to provide potable water for domestic purposes which is on the Department's side of the backflow preventer, such plumbing must have its own backflow preventer installed.
(j) 
The owner shall be responsible for the timely payment of all expenses and fees whatsoever arising or resulting from the requirements of this Chapter, and including, without limitation, for permits, annual or semiannual device testing, retesting in the case that the device fails to operate correctly, and second reinspections for noncompliance with Department or Commission requirements.
(9) 
Residential dual check. All new residential buildings will be required to install a residential dual check device immediately downstream of the water meter. Installation of this residential dual check device on a retrofit basis on existing service lines will be instituted at a time and at a potential cost to the owner as deemed necessary by the Department. The Owner must be aware that installation of a residential dual check valve results in a potential closed plumbing system within his residence. Provisions may have to be made by the owner to provide for thermal expansion within his closed loop system, i.e., the installation of thermal expansion devices and/or pressure relief valves.
(10) 
Strainers. Except as may be excepted from such requirement by the Department in its sole discretion, all new retrofit installations of reduced pressure principle devices and double check valve backflow preventers include the installation of strainers located immediately upstream of the backflow device. The installation of strainers will preclude the fouling of backflow devices due to both foreseen and unforeseen circumstances occurring to the water systems such as water main repairs, water main breaks, fires, periodic cleaning and flushing of mains, etc. These occurrences may stir up debris within the water main that will cause fouling of backflow devices installed without the benefit of strainers.
D. 
Degree of hazard. The Department recognizes the threat to the water systems arising from cross-connections. All threats will be classified by degree of hazard and will require the installation of approved reduced pressure principle backflow prevention devices or double dual check valve(s).
E. 
Permits. The foregoing provisions notwithstanding, the Department shall not permit a cross-connection within the water systems unless it is considered necessary and cannot be eliminated without effecting a substantial hardship on the owner.
(1) 
Cross-connection permits that are required for each backflow prevention device are obtained from the Department. A fee will be charged for the initial permit and renewal of each permit in accordance with § 260-25I of this chapter.
(2) 
Permits shall be renewed every two years and are nontransferable. Permits are subject to revocation and become immediately revoked if the owner should change the type of cross-connection or degree of hazard associated with the service.
(3) 
A permit is not required when fixture isolation is achieved with the utilization of a nontestable backflow preventer.
F. 
Existing in-use backflow prevention devices. Any existing backflow preventer shall be allowed by the Department to continue in service unless the degree of hazard is such as to supersede the effectiveness of the present backflow preventer, or result in an unreasonable risk to the public health. Where the degree of hazard has increased, as in the case of a residential installation converting to a business establishment, any existing backflow preventer must be upgraded to a reduced pressure principle device, or a reduced pressure principle device must be installed in the event that no backflow device was present.
G. 
Periodic testing.
(1) 
Reduced pressure principle backflow devices shall be tested and inspected at least semiannually.
(2) 
Periodic testing shall be performed by the Department's certified tester, his delegated representative or by any NYSDOH certified backflow prevention device tester and will be required for the initial permit and each permit renewal.
(3) 
The testing shall be conducted during the Department's regular business hours. Exceptions to this, when at the request of the owner, may require additional charges to cover the increased costs to the Department.
(4) 
Any backflow preventer which fails during a periodic test will be repaired or replaced. When repairs are necessary, upon completion of the repair the device will be retested at the owner's expense to ensure correct operation. High-hazard situations will not be allowed to continue unprotected if the backflow preventer fails the test and cannot be repaired immediately. In other situations, a compliance date of not more than 30 days after the test date will be established. The owner is responsible for spare parts, repair tools, or a replacement device. Parallel installation of two devices is an effective means of the owner insuring uninterrupted water service during testing or repair of devices and is strongly recommended when the owner desires such continuity.
(5) 
Backflow prevention devices will be tested more frequently than specified above in cases where there is a history of test failures and the Department feels that, due to the degree of hazard involved, additional testing is warranted. Cost of the additional tests will be borne by the owner.
H. 
Records and reports.
(1) 
Records. The Department shall initiate and maintain the following:
(a) 
Master files on customer cross-connection tests and/or inspections.
(b) 
Master files on cross-connection permits.
(c) 
Copies of permits and permit applications.
(d) 
Copies of lists and summaries supplied to the NYSDOH.
(2) 
Reports: The Department shall submit the following to the NYSDOH.
(a) 
Initial listing of low-hazard cross-connections.
(b) 
Initial listing of high-hazard cross-connections.
(c) 
Annual update lists of the items in Subsection H(1) and (2) above.
(d) 
Annual summary of cross-connection inspections.
I. 
Fees and charges. The Department shall publish a list of fees or charges for the following services or permits on at least an annual basis, it being the intent of this chapter to require, where reasonably capable of determination, and to ensure a respective owner incurs all expenses and fees related to compliance with and enforcement of the provisions hereof, such fees to be amended from time to time to ensure same reimburses the Village of Phoenix for its actual costs and expenses incurred. Any costs and expenses to the Village resulting from the requirements hereof and not the responsibility of a respective owner of premises may be included as a general expense to the Village of Phoenix water account. In Village water charges to its residents, outside users (including districts and other users served by the Water System) shall in such case(s) include such general expense and be assessed to all such residents and users and others subject to Village water charges. The foregoing notwithstanding, all such charges made the responsibility of an owner hereunder are to be assessed against such owner and the collection thereof enforced by all available legal rights and remedies before such charge may be expensed from the general fund; provided, however, that the Village and/or Town, as the case may be, has, as one such right and remedy, the legal authority to lien the property subject thereof for such expense(s), including penalties and interest at the statutory permitted rate, and as contemplated at § 196-26C hereof. Subject to the foregoing, the current fee schedule is as follows:
Type of Fee
Amount
Permit
$150
Permit renewals
$100
Testing fees
$100 (Retesting fees $100)
Fee for reinspection
$75
Charges for after-hours inspections or tests (Normal rate + travel time) times 1.5
[Amended 10-19-2010 by L.L. No. 4-2010]
A. 
Penalties. Any person or corporation doing or permitting to be done on premises controlled by said person or corporation any act or thing forbidden by this chapter, or omitting or failing to do or perform any act or thing required by this chapter, and where no penalty for such act or failure to act is herein before provided, shall be guilty of a misdemeanor punishable by a fine not exceeding $1,000 or imprisonment, not to exceeded three months, or both, for each act or omission, and a person or corporation so violating this chapter shall be liable for all loss and damage suffered as a result of such violation and shall further forfeit and pay to the Village a civil penalty not exceeding $1,000 for the collection of which the Village Board may maintain an action in any court of competent jurisdiction. Notwithstanding the remedies and penalties herein provided, the Village Board may, in any appropriate case, bring an action to enjoin any person or corporation from violating any and all of the provisions of this chapter.
B. 
Contract provisions. Wherever the Village of Phoenix has entered into any contract(s) with the Town of Schroeppel ("Town") or resident(s) thereof to provide Village water system service to any district serving Town residents or outside user(s), such contract(s) shall be deemed amended to the extent legally permissible so as to be subject to and comply with the provisions hereof, and any substantially similar requirements of local laws adopted by the Town as a result of this or similar Town-enacted mandate. With respect to outside users and Town districts served by the water system, it is intended the Town shall enact and enforce such measures and duties substantially as are provided at §§ 196-25 and 196-26 hereof, for the benefit of Town and Village, and all such measures required of the Village for the benefit of properties and districts located within the Town (and outside of the Village) shall be deemed an additional service for which the Village shall be compensated.
C. 
Reimbursement; assessment of costs. The Village shall be reimbursed for all expenses, related costs and for any penalties and interest at the statutory or other (e.g., Village or Town Code) provided rate and as assessed under § 196-25 hereof by assessment and levied upon the premises subject of the foregoing, and the costs, expenses, penalties and interest so assessed shall constitute a lien and charge on the premises on which they are levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Village charges. Wherever the Village Board has ordered the reimbursement for such costs of services rendered and such other costs as herein provided by assessment and levied upon such premises, the Village Clerk shall cause a notice of intent to levy such costs and expenses, penalties and interest against the premises in a form approved by resolution of the Village Board from time to time hereinafter, to be recorded in the records of the Oswego County Clerk's Office in order that such notice shall be indexed against the said premises as notice to subsequent transferees or other acquiring any interest in said premises of the intention of the Village to assess and levy the amount of same upon said premises. Any recorded fees of the Oswego County Clerk shall be included in the costs and expenses and penalties/interest assessed and levied upon such premises. The failure of the Village Clerk to record such notice of intent to levy shall not, however, affect or impair the validity of any lien or assessment of such costs and expenses, penalties and interest against such premises, the owner(s) thereof or any subsequent transferees or others acquiring any interest in such premises. The foregoing rights and remedies of the Village shall be limited to premises located within the Village.
D. 
Enforcement. The Code Enforcement Officer of the Village shall enforce the provisions of this chapter.
[Added 10-19-2010 by L.L. No. 4-2010[1]]
Any and all ordinances, local laws or regulations heretofore adopted in conflict with this chapter are hereby repealed.
[1]
Editor’s Note: This local law also repealed former § 196-27, Penalties for offenses, added 2-5-2002 by Ord. No. 1-2002.