[HISTORY: Adopted by the Town Board of the Town of Lowville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-17-2007]
These regulations shall be known as the "Uniform Sewer District
Regulations of the Town of Lowville, New York".
As used in these regulations, the following terms shall have
the meanings indicated:
The owner/occupant of the premises who is now or may hereafter
utilize sewer services at or for the premises.
Any and every sewer district or extension thereof, established
pursuant to the provisions of the Town Law of the State of New York,
which is located in the Town in whole or in part, and which is governed
by the Town Board.
A building under one roof owned or leased by one customer and
occupied as one place of business.
A combination of buildings owned or leased by one customer,
in one common enclosure, occupied by one family, or one corporation
or firm, as a residence or place of business.
Each unit of a multiple house or building separated by a solid
vertical partition wall, occupied by one family, or one firm, as a
residence, or place of business.
Garden apartments owned by one individual or firm and located
in one common enclosure.
The Sewer Superintendent of the Town or his or her deputy
as designated by the Town Board or such other person as may be designated
by resolution of the Town Board to perform the duties of the Sewer
Superintendent under these regulations.
The Town of Lowville, New York.
The Town Board of the Town of Lowville, New York.
The Town Clerk of the Town of Lowville, New York, or his
or her deputy.
The Village of Lowville, New York.
A.
These regulations apply to all sewer districts of the Town now or
hereafter established and to the customers thereof. No sewer service
connections or facilities shall be made or installed except in the
conformity with the provisions of these regulations.
B.
Village of Lowville Local Law No. 5, July 1, 1997, entitled "Village
of Lowville Sewer Use Law of the Village of Lowville, New York" is
applicable to sewer users within the jurisdiction of a sewer district.
In addition to the terms and conditions of that local law, and these
regulations, users are subject to the rules and regulations set forth
in each particular sewer district supply agreement with the Village.
A.
Applications for use of sewer shall be on forms provided by the Town
Clerk. The applicant shall furnish all information indicated on the
application form, as well as additional information that may be required
by the Town Clerk, Sewer Superintendent, or Town Board.
B.
Approval of applications shall be subject to there being an existing
main in a street or right-of-way abutting on the premises to be served,
and approval shall in no way obligate the district to extend its mains.
C.
A separate application must be made for each premises to be served.
D.
No application will be accepted from any applicant until all charges
due from the applicant for sewer services at any premises now or heretofore
owned or occupied by the applicant shall have been paid in full.
E.
Additional requirements to be included as part of a sewer district
application/formation are: a survey map and physical boundary description
of the sewer district to be formed, signed by a professional engineer
and/or land surveyor; detailed plans and specifications of the actual
construction and layout of the proposed sewer service system of the
district in question, signed by a professional engineer; formalized
design basis parameters of the district system, including the amount
of water to be used by the district in question, prepared and signed
by a professional engineer. The amount of allocation requested for
a particular district shall be made a part of the application for
the sewer district, specifically, the upper limit of metered usage
which may be used by such district. If the district exceeds the maximum
amount set forth in its application, this is cause for termination
and/or reapplication and reapproval of the sewer district in question,
at the option of the Village.
F.
Conditions requiring the reapplication and reapproval of existing
districts include, but are not limited to: usage in amounts greater
than that applied for in the latest existing agreement for a particular
sewer district; a change in the physical boundary description of a
particular sewer district; requested changes in the type of use and
any other requirements as may be required by the Village depending
upon the unique conditions surrounding the formation of a particular
sewer district.
As security for payment of charges, the district may at any
time require of any customer or applicant, a deposit as fixed, from
time to time, by resolution of the Town Board. No interest will be
paid on such deposits. When service is discontinued and all charges
due the district are paid, such deposit will be returned.
A.
The applicant shall, at the applicant's expense, install the
service pipe to connect the service main to the premises. In the event
that the district performs such installation, the applicant shall
be responsible for the actual costs thereof. The service pipe shall
be maintained at the expense of the customer, and when necessary,
replaced. The applicant shall employ a competent contractor for the
installation and maintenance of the applicant's service pipe.
All materials and work shall be performed in a manner satisfactory
to the district. The minimum size, materials, depth of cover and method
of construction shall be the same as specified for a service pipe
installed by the district. Any defects in workmanship or materials
shall be cured within 10 days of receiving written notice of the defect.
If the applicant fails to remedy such defect within such time, service
may be discontinued by the district until such time as the defect
is remedied. All new service pipes shall be constructed and installed
in compliance with all local, state and federal laws, rules and regulations.
B.
All repairs to single service lines shall be the responsibility of
the customer. The district shall repair or cause to be repaired any
single service line that is not repaired by the customer in a timely
fashion after due notice, or when circumstances prevent repair by
a qualified plumber or contractor, in the sole judgment of the Sewer
Superintendent.
C.
All repairs to sewer mains shall be under the direct supervision
of the Sewer Superintendent, and shall be the responsibility of the
district. No customer shall perform any repairs to sewer mains. All
such repairs to sewer mains may be performed only by or at the direction
of the Sewer Superintendent, the Town, or the Village, or by a contractor
with whom the Town has a written agreement. A "sewer main" within
the meaning of this subsection shall be defined as a sewer line that
serves two or more customers.
D.
The district shall charge supervision costs to individual customers
as established by the Town Board, and shall charge supervision costs
for repair of mains to the district, as established by the Town Board.
In no event will service be supplied to existing users outside
the Village, or future sewer district users, who prevent or attempt
to prevent the Village, or the district, or its agents or employees,
from entering upon their premises and inspecting all pipes and facilities,
and/or shutting off or restricting the allocation in accordance with
the provisions of these regulations, the sewer district agreement,
if applicable, and/or the laws of the State of New York.
All sewer rates, fees, rents, and charges shall be as per the latest fee and rate schedule approved by the district and shall remain on file with the Town Clerk. Installation of services performed by the district per § 181-6 shall be charged to the applicant according to the actual costs incurred by the district.
A.
Metered service bills are rendered at the scheduled district rates
at six-month intervals, and are due and payable at the office of the
Town Clerk within 30 days after the mailing date. On bills remaining
unpaid after 30 days a penalty of 10% will be charged plus interest
on any unpaid balance of 1% per month until paid. Any bill remaining
unpaid as of the first day of November of each year shall be added
to the tax rolls of the Town for collection. Additionally, if a bill
is unpaid after 30 days, the district or its agents, or employees,
may discontinue sewer service at the shutoff, and service will not
be reestablished until such unpaid charges, together with a charge
for restoration of service, is paid.
B.
Any customer, new or otherwise, receiving sewer service for a part
of one six-month period will be charged the minimum charge for that
period, together with any excess usage over the minimum, if used.
C.
Any customer may discontinue sewer service by giving the district
written notice not less than 10 days prior to the discontinuance,
and all liability for charges for service rendered after the discontinuance
of service, as herein provided for, shall cease.
D.
The customer shall notify the Town Clerk, in writing, of any change
in occupancy. No adjustment of bills will be made by the district
as between owners or tenants unless 10 days' notice, in writing,
prior to change of occupancy has been given to the Town Clerk.
[Added 11-5-2009 by Res. No. 35-2009]
A.
An adjusted billing shall be sent to the affected user in a sewer
or water district when the Town Clerk and Special Districts Clerk,
Special Districts Superintendent and Supervisor agree it is the Town's
responsibility and it would be appropriate to issue an adjusted billing.
B.
The adjusted billing shall be reported to the Town Board at the next
regularly scheduled monthly meeting.
A.
In the interest of public health of both the district and the Village,
sewer mains shall not be connected on any premises with any service
pipe or piping which is connected with any other source of wastewater
supply not approved by the Department of Health of the State of New
York; nor shall any sewer mains or service pipes be connected in any
way to any source of wastewater which contains corrosive or hazardous
liquids, chemicals, or any other materials which may cause damage
to the Village or district sewer systems or otherwise endanger the
Village or district water supply.
B.
The district undertakes to use reasonable care and diligence to provide
a constant service to customers, but reserves the right, at any time,
without notice, to shut off the services in its mains for the purposes
of making repairs or extensions, or for other purposes. The district
shall not be liable for a deficiency or failure thereof for any cause
whatsoever, nor for any damage caused thereby, or by the bursting
or breaking of any main or service pipe or any attachment to the district
property.
C.
Sewer service may be discontinued for any one of the following reasons:
(1)
For use of service through branch connections.
(2)
For molesting any service pipe, seal, meter or any other appliance
used in providing sewer service.
(3)
For nonpayment of bills for sewer or services rendered by the district
sewer supply as heretofore set forth.
(4)
For cross-connecting pipes carrying water supplied by a water district
with any other source of water supply.
(5)
For refusal of reasonable access to the customer's premises
for the purpose of inspecting fixtures and piping and reading, repairing,
testing or removing meters.
(6)
For reselling services.
(7)
Failure to repair leaks.
(8)
For cross-connecting sewer lines.
D.
In the event of change of ownership or occupancy of a premises, the
property owner shall notify the Town Clerk, in writing, of such change.
E.
Outside users. The Town of Lowville adopts a policy that suspends
services to any user located outside the boundaries of a special district
with rent charges that are more than 30 days overdue.
[Added 8-20-2009 by Res. No. 28-2009]
Any person who violates any of the provisions of these regulations
shall be guilty of an offense punishable by a fine of not less than
$250 per day, or imprisonment not exceeding 15 days, or both fine
and imprisonment.
The Town Board reserves the right to change, modify, supplement
or amend these regulations, and the rates and charges connected therewith
from time to time. The Town Board also reserves the right to make
such additional rules and regulations as deemed appropriate by the
Town Board to promote the health, safety and welfare of the inhabitants
of the Town, in order to regulate the water supply, and to promote
the proper and efficient administration of the water districts, and
to make rates and contracts for the use of water in special cases
by future resolution of the Town Board.
