The following rules and regulations established by the Board of Trustees, acting as the Board of Water Commissioners, are hereby made a part of the contract between the Village of Brewster and the owners, outside consumers and water districts. The Board of Trustees reserves the right to make such changes in these rules and regulations, as it may from time to time deem desirable.
Every owner, outside consumer and water district shall be in all respects bound by and shall be considered to have agreed to the rules, regulations and requirements herein set forth or as hereinafter amended as a condition precedent to the rights of service from the water distribution system.
No person or entity shall be allowed to use the water from the water distribution system for any purpose without first making application therefor to the Superintendent, signed by the owner of the property or by an agent holding legal authorization to sign for the owner and depositing an escrow fee, as set forth in the fee schedule. Upon positive review by the Superintendent, a permit shall be issued by the Board of Trustees. Acceptance of such permit signifies assent to all the rules, regulations and schedule of water rents of the Village of Brewster.
Plans and specifications by the contractor's engineer must be submitted for approval. Prior to final acceptance, one as-built drawing shall be submitted to the Village Engineer. The contractor's engineer shall certify that work has been installed under his supervision in conformance with the plans and specifications.
Final acceptance of the facilities by the Village shall occur within one year after completion of construction. During the probationary period of one year, the owner is to remedy at his expense all defects in the work as may become evident or as may be required by the Superintendent or the Village Engineer.
Persons desiring the use of the Village water for building construction or other temporary use shall make application for such service to the Board of Trustees, which shall be submitted to the Superintendent. Water for building construction will be charged at a flat rate as set forth in the fee schedule. The Board of Water Commissioners reserves the right to regulate the purpose for which the water may be used during construction and may, at its option, require the water to be metered and the fee for such water paid at the rate in effect at such time.
Any owner of water that has a sewer connection to the Village sewer main but obtains water from a source other than the water distribution system shall be required to obtain and install a water meter at such owner's own expense for the purpose of determining the sewer charges. The meter must be a type approved by the Village of Brewster, and the owner must allow Village employees periodic access for purposes of reading and testing the meter.
Sizing of mains. All water mains shall be no smaller than six inches in diameter. Written requests for exceptions shall be submitted to the Village Engineer for approval. The Village Engineer may require the installation of water mains of greater size than six inches in diameter if, in his judgment, service conditions so require.
All tapping and making of connections with the mains shall be made by the applicant's qualified contractor as defined in New York State Sanitary Code Chapter 1, Subpart 5-4, and under the supervision of the Superintendent and/or Village Engineer. Extension of water distribution system to any property not already served by water distribution system, irrespective of the location of mains or other piping, will only be done at a cost borne by those benefited. All fees, as set forth in the fee schedule, will be applicable.
Violation of this regulation shall authorize the Superintendent, with the approval of the Board of Trustees, to cause the water to be shut off without notice. A separate tap and service line will be required to each owner or outside consumer taking water through a separate meter, but any number of families or business units in a single building may be supplied by the owner thereof through a single meter.
Main to curb box.
The size of the service line will be a minimum three-quarter-inch line unless otherwise designated by the Superintendent and/or the Village Engineer in accordance with information to be furnished by the owner as to his probable requirements. Service lines from the main to a point approximately on the property line will be installed completely by a licensed contractor acting as agent for the owner, under the supervision of the Superintendent and/or the Village Engineer and at the expense of the property owner and will consist of a corporation cock inserted in the main, a section of three-quarter-inch Type K copper tubing lines and a curb stop and box to be located approximately on the property line. All these items shall remain the property of the Village of Brewster.
The property owner shall deposit, at the time of filing the application, a sum sufficient to cover the cost of supervision and inspection services of the Superintendent, or Engineer if required, during the installation and testing of the service line and any related facilities. This amount shall be estimated by the Superintendent and/or the Village Engineer, with approval of the Board of Trustees, and paid to the Village Clerk.
All curb boxes, once set, shall be adjusted to changes in grade and shall be kept accessible and in repair by the property owner if such change is caused by the property owner. No person shall turn on or shut off any curb stop controlling any service line without permission of the Superintendent. No person shall cover or conceal with earth, sidewalk or any substance, any curb box on any laterals from the main to the premises.
Curb box to building.
From the curb box to and into the property owner's building, the service line is to be installed by the property owner's licensed contractor and at the property owner's sole expense, and shall remain the owner's responsibility to operate and maintain. The service line is to be a minimum three-quarter-inch diameter Type K copper tubing unless otherwise ordered. No soldered joints shall be permitted in copper tubing installed underground.
A stopcock or valve is to be placed inside the foundation wall.
All trenches for service lines shall be excavated at least four feet in depth and at right angles to the main unless otherwise ordered by the Superintendent. When the trench is ready, the owner shall connect the service line with the curb stop and shall lay the service line into the building. When the service line has been completely installed within the property limits by the owner or his agent, he shall notify the Superintendent, who will inspect the connections and will turn on the water and test the line. If the test is satisfactory, the owner shall then backfill the trench in accordance with § 257-28; but if said test is not satisfactory, the owner shall make such alterations as requested by the Superintendent, who shall retest the line before permission to backfill is granted. If any service line is backfilled before testing in the presence of the Water Operator, the trench shall be reexcavated.
No connection is to be made until an application has been filed with the Superintendent, and approved by the Board of Trustees, as set forth in § 257-10 hereof.
A separate tap and service shall be installed for each building used for residential purposes and located on the street in which there is a water distribution system main, and no owners or outside consumers shall be permitted to supply water to other persons or premises. Except with a written waiver by the Board of Trustees, no connections of any kind shall be made to the service line between the main and the meter.
Valves. All valves shall conform to the American Water Works Association (AWWA) Specifications for water valves and meet the approval of the Village Engineer. All valves shall be designed for 150 pounds' working pressure and shall withstand an internally applied hydrostatic pressure at all points of at least 300 pounds per square inch.
Tapping and making connections to mains of water distribution system, or privately owned mains supplied by the Village with water, must in all cases be done by a qualified contractor as defined in New York State Sanitary Code Chapter 1, Subpart 5-4, and under the direction of the Superintendent and/or the Village Engineer. All other work of connecting premises with water must also be done by a licensed contractor.
The tap shall be inserted on the upper quarter of the main facing the premises, bringing the line of the tap at an angle of 45° from the vertical plane. If subsurface conditions prohibit placing the tap in this position, it shall, if practicable, be placed at a point further down the main, but not below the horizontal plane. The tap may be placed at or near the top of the main if no other location is practicable.
All taps shall be spaced at a minimum distance of 18 inches apart. All taps larger than 3/4 inch shall be spaced at a minimum distance of 24 inches apart. No tap shall be inserted within 24 inches of the face of the hubs, special castings, hydrant branches or dead ends.
Whenever street openings are to be made in connection with service lines, the necessary permits for such openings must be obtained from the proper agencies at the owner's expense.
After the owner has received a permit for water and paid the necessary charges, he shall have the necessary trenches for the service line excavated.
All trenches for service lines shall be at least four feet in depth and at right angles to the curb line, unless special permission is granted by the Superintendent for a variation.
The trench, unless otherwise specified, shall be excavated at least six inches below the bottom of the line and bottom brought back to grade by thoroughly compacting selected backfill which meets the requirements of the Village Engineer.
When the uncovered trench bottom at subgrade is soft and, in the opinion of the Village Engineer, cannot support the line, a further depth and/or width shall be excavated and refilled to line foundation grade with approved material, or other approved means shall be adopted to secure a firm foundation for the line.
When the trench is ready and on proper notice of the fact, the Superintendent and/or the Village Engineer shall supervise the installation of the corporation cock and the curb stop and the necessary connections between the corporation cock and curb stop. No trench shall be backfilled until after the completed service line had been inspected, tested and passed by the Superintendent. As backfilling proceeds in accordance with § 257-28, the curb stop shall be covered by an extension service box which will be approved by the Superintendent. This curb box shall be set by the plumber with the top flush with the ground. No soldered joints shall be permitted in copper tubing underground.
All service lines between the curb box and meter shall be maintained in good condition by the property owner. Should a leak develop, it shall be repaired immediately. In the event of the failure of the owner to repair such leak, the Board of Trustees may, at its option, either terminate service at the curb box until repairs are made, or enter upon the property and make the necessary repairs, charging the cost of the same to the owner. Whenever any service is so terminated, a charge of the actual cost, to be paid to the Village Clerk, will be made for restoration of service.
No connections of any kind shall be made to the service line between the main and the meter.
If connections are made on any private line before the meter, without the permission of the Board of Trustees, the Board of Trustees may, at its option, and upon 10 days' written notice to the owner of the premises connected to the private line, either terminate service until such permission is granted, if such permission is warranted. Whenever any service is so terminated, a charge of the actual cost, to be paid to the Village Clerk, will be made for restoration of service.
In cases where the curb stop boxes and street washers are set into the flagging or pavement of the sidewalk, the stones are to be neatly and accurately cut, and the top of the boxes are to be set even with the surface of the pavement or flagging and, in all other cases, flush with the surface of the sidewalk.
Whenever the curb stop has been placed deeper than six feet, a stationary wrench which comes up to the ordinary depths of the stops must be put on, the top of this wrench to be formed like the top of the curb stop and the rod to work in a guide immediately below its top or handle.
All copper service lines shall be of Type K and shall have an excess of three feet of line formed into a gooseneck at the connection to the tap and laid to the right hand, facing the tap.
The minimum diameter of a service line shall be 3/4 inch, and the service line shall not be less than the diameter of the tap controlling it.
Each new service or repair to a service shall be subjected by the plumber, in the presence of the Superintendent or his representative, to a water test under the main pressure for a minimum period of two hours or longer if required by the Superintendent. All lines and appurtenances shall remain uncovered for the duration of the test and shall show no signs of leakage.
In each length of pipe, the contractor shall place high-test calcium hypochlorite (HTH tablets); the dosage required shall be determined by the Village Engineer. Disinfected water must lay in mains for a minimum of 24 hours before being thoroughly flushed for usage.
Following chlorination, all treated water shall be thoroughly flushed from the newly laid pipe at its extremities until the replacement water throughout its length shall, upon test, both chemically and bacteriologically, be proven to be equal to the water quality served to the public from the existing water distribution system.
After a tap has been inserted and service line installed, the backfill around the main and the service shall be 18 inches of salt-free sand as the base and covering of the main followed by clean earth, free from stone or cinders, and carefully tamped under and around the main and service. The remainder of the backfill shall be free from stones larger than six inches in diameter and shall be satisfactorily compacted by either tamping or flushing, or both. The service line shall not be laid within six inches of any other subsurface structure, conduit or line, unless subsurface conditions make it impossible to do otherwise.
It shall be unlawful for any person, other than a Superintendent, or delegated authority, to:
Use water other than as represented in the application for service as approved by the Village;
Willfully waste or use water through improper and imperfect pipes, or by any other means;
Tamper with any service line, seal, meter or other equipment or appurtenances owned by the Village;
Cross-connect pipes carrying water supplied by the water distribution system with any other source of supply or with any apparatus which may endanger the quality of the water supply;
Open or close any valve or gate in the main or tamper or interfere with same in any manner;
Cover or conceal, with earth, sidewalk material or any substance, any curb box on laterals from the main to any premises;
Refuse reasonable access to the property at any reasonable hour during the day for the purposes of inspecting fixtures or piping or for reading, repairing, testing or removing meters;
Redistribute, sub-meter or resell water, inside or outside the Village, unless specifically authorized by this chapter.
No person or persons shall be permitted to take water from the fire hydrants to sprinkle any street or portions of the streets or for any other purpose without having first obtained a permit from the Superintendent, which permit shall be good only for the time named therein. This shall not preclude the inspection and operation of the fire hydrants by the Superintendent or by members of fire companies in performance of their official duties.
The owner or outside consumer shall notify the Village Clerk in writing of any change in ownership or vacancy of premises connected to the water distribution system within 10 days of the date of transfer of ownership of the premises, or of the date such premises become vacant. The Village of Brewster is not a party to any adjustments to be made upon the change of ownership.
All abandoned services shall be shut off at the curb box, and should the curb box not exist or not be found, the abandoned service may need to be shut off at the main as determined. The expense of opening the street and doing the work, if required by the Village Board of Trustees, shall be borne by the owner of the premises. For purposes of this section, a property shall be deemed abandoned if unoccupied for a continuous period of at least six months.
The Village does not guarantee service from the curb box to house or through any piping, valves or connections therein. Any necessary changes in piping, valves or connections to increase the water supply or efficiency must be made by the owner or outside consumer at his own expense.
The Village of Brewster reserves to itself the control of all taps, mains, curb boxes and meters. It also reserves the right, whenever it deems it proper or whenever there is a violation of the rules and regulations, to take charge of and control the curb stop and service lines. The Village will not be accountable for any breaks or obstructions caused by frost or otherwise or from any damage arising by leakage from service lines, fixtures or pipes not owned by the Village of Brewster.
The Village shall be responsible for the operation and maintenance of the facilities from the well field to the individual curb boxes. The owner or outside consumer shall be responsible for the operation and maintenance of the service lines and fixtures in good repair from the curb box to the property and all facilities located within the property boundaries, at his own risk and expense, and prevent all unnecessary waste of water, and shall be liable for all such repairs as shall be deemed necessary to prevent water waste. Upon failure to comply with this rule, the Village may repair the same and bill the owner or outside consumer. In the event that any such charge for work done or materials furnished shall remain unpaid for one month after the presentation of the bill, the Board of Trustees may terminate service until all charges are paid, including a fee, as set forth in the fee schedule, plus the cost of labor each time for termination and restoration of service. This section shall not limit any other remedies available to the Village at law or equity.
The operation of all water distribution system components, including curb stands, shall be by a representative of the Village, except in the case of an emergency, in which case immediate notice must be given to the Superintendent. All charges, as set forth in the fee schedule, will be applicable. Violation of this rule shall be sufficient cause for termination of service in accordance with this chapter.
The Village shall not be liable for any personal injury or damages which may result to an owner or outside consumer's pipes or personal property, from the operation of water distribution system, or resulting from broken water mains or service lines, or from variations in water pressure.
In cases where boilers are supplied with water, a suitable valve or other device must be applied to prevent collapse or explosion in case the water is shut off in the street mains.
The Village shall not be held liable for property damage or personal injury sustained by reason of failure to supply water or to maintain normal pressure at any time for any reason. The Village reserves the right to terminate service for the purpose of making repairs and extensions, or to change water pressure levels.
The resale of water is expressly prohibited.
Consumers located outside the corporate limits of the Village shall not make any attachment to or connection with the water distribution system of the Village without prior written permission from the Village Board of Trustees in accordance with this chapter. Water sold to consumers outside the boundaries of the Village shall be at such terms and upon such conditions as may be fixed by the Board of Trustees from time to time, which terms may be contained in a written contract between the Village and any such outside consumer outside the corporate limits of the Village. The Village may require a written contract to be signed prior to providing water service and to continue water service for consumers outside the limits of the Village.
Any and all agreements to provide water service to consumers located outside the corporate limits of the Village shall be subject to the provisions of Article 11 of the Village Law of the State of New York, including but not limited to §§ 11-1116, 11-1120 and 11-1128 thereof, in addition to the provisions of Section 118-a of the General Municipal Law of the State of New York.
Such consumers shall not expand the scope and use of the water distribution system beyond that permitted by agreement in writing between said consumer and the Board of Trustees.
Any water sold to such consumers shall be furnished only upon the condition that the Village assumes no obligations to maintain any water mains, equipment, meters or service connections, outside the corporate limits of the Village.
Nothing contained in this chapter shall be construed to relieve the consumers of water outside the Village boundaries from any liabilities or obligations imposed by law or required by this chapter.