[Adopted 8-11-2003 by L.L. No. 2-2003]
The Town Board of the Town of Wilna, pursuant to the authority
granted it under Article 12 of the Town Law and §§ 10
and 20 of the Municipal Home Rule Law, hereby enacts as follows.
The Town Board of the Town of Wilna acts as Commissioners for
the Town of Wilna Water District No. 2. As the construction of the
water supply and distribution system is complete, it is necessary
to bill residents and establish rules and regulations for the use
of the water system. It is the purpose of this article to do so.
The following rules and regulations are established by the Supervisor
and Town Board of the Town of Wilna and every person or establishment
who shall be supplied or whose property shall be supplied automatically
accepts said rules and the same shall constitute a part of the contract
between such persons and the Town of Wilna. The word "consumer" shall
be used in these rules and regulations. It shall mean the owner of
the property.
Water bills shall be issued on a quarterly basis, and will be
sent by regular mail. Water bills shall be addressed to the tax billing
address for the parcel.
Water connection charges may be changed by resolution passed
by the Town of Wilna Town Board after a public hearing is held. All
obligations of any nature due to Wilna Water District No. 2 which
remain unpaid as of November 1 of each year may be charged by the
Town as special assessments and collected as the same.
Application for water service from the street main to the curb
stop where the shutoff valve will be located must be submitted 48
hours prior to commencing work.
A separate tap is to be required for each lot supplied with
water. However, the tap is the responsibility of the consumer and
all costs will be borne by the consumer. The operation and maintenance
contract will oversee and inspect the tap process. Tapping can only
be done by an experienced contractor, which will be verified by the
operation and maintenance contractor.
A.
There will be no charge for the hookups performed during the initial
construction of Wilna Water District No. 2. Each additional connection
will include one meter per property. All subsequent hookups to the
Town water lines from the main to the consumer property line/curb
stop will be $400. The installation and materials of the service from
the main to the consumer is the responsibility of the owner.
B.
Repair of leaks from the main to the curb stop will be performed
by the Operations and Maintenance contractor at no expense to the
consumer. The installation of the service from the curb stop and subsequent
repairs must be borne by the consumer.
The pipe from the curb stop to the consumer meter will be high-density
polyethylene (HDPE) with compression fittings. Such pipe specifications
may be revised by the Operations and Maintenance contractor or the
Town of Wilna Town Board.
Service pipes will be required to be laid not less than 54 inches
below the surface of the earth. This applies to the established grade
where it has been fixed. No trench will be backfilled in any manner
before inspection for leaks and clearances is made by the Operations
and Maintenance contractor or their representative.
The trench opening by the owner or contractor for tapping onto
the service shut-off for the installation of the water line shall
be of sufficient size and have proper safety precaution to accommodate
the work to be accomplished. The owner or contractor will make alterations
to the opening as instructed by the Operation and Maintenance contractor.
The backfilling of the trench will be made by the owner or contractor.
The material used will be sand in the immediate area around the pipe
to a depth of one foot. The remainder of the trench will be bank-run
gravel, tamped every six inches until the trench is back to original
grade.
The owner of the property into which the water is supplied by
a service pipe will be required to maintain in perfect order, at his/her
own expense, said service pipe from the curb stop to his/her building.
Failure to make necessary repairs after due notice, in writing, by
the Town Board will result in the water being turned off until such
time that satisfactory repairs are made. Maintenance of the service
pipe from the main to the curb stop will be performed by the Operations
and Maintenance contractor.
Where required by the New York State Department of Health Sanitary
Code, Part 5, or local law, a backflow preventer of a suitable type
that is currently approved by the Health Department must be installed.
No consumer is allowed any cross-connection from any other source
of water under the Rules and Regulations, Part 5, of the Health Department.
When such cross-connection is found, the water from the Town water
system will be turned off immediately to prevent contamination of
the Town system. The consumer will disconnect alternate sources as
required by Part 5 of the of the Rules and Regulations.
No curb stop will be operated by anyone except a representative
of the Operations and Maintenance contractor.
A.
All water services shall be metered. Meters shall be obtained from
the Operations and Maintenance contractor and all municipal repairs
and testing must be made by the Operations and Maintenance contractor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Residential and commercial water meters shall be furnished by the
Operations and Maintenance contractor at a cost to the consumer and
maintained by the Operations and Maintenance contractor. Damage to
the meter not cause by the Operations and Maintenance contractor is
the responsibility of the homeowner, including cost for removal, repair,
testing and replacement.
C.
All water meters must be placed in an accessible part of the building
or basement so that they may be read or removed. Meters will be required
to have shutoff valve placed inside the basement wall ahead of the
meter. All water meters must be in a heated environment to eliminate
freezing.
D.
All water meters, when set, shall be sealed to prevent tampering.
No person except an authorized representative of the Operations and
Maintenance contractor shall break such seals or tamper with said
meter.
Any employee of the Operations and Maintenance contractor, upon
proper identification, shall have the right to enter any premises
where municipal water is being supplied for the purpose of inspecting,
installing, removing or reading a meter, plumbing and fixtures of
the water service and all work in connection with the service.
[Amended 11-10-2003 by L.L. No. 4-2003; 4-5-2004 by L.L. No. 1-2004; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
In addition to any and all fees and charges provided by law,
every person who shall be supplied water by Wilna Water District No.
2 shall pay for the water supplied based upon water rents. The water
rents shall be as follows:
A.
Water bills shall contain the following charges:
(1)
Debt retirement: $102 per EDU per year.
(2)
O & M: $60 per year per account.
(3)
Water usage: $52.50 per 17,500 gallons minimum per quarter; $3 per
1,000 gallons over the minimum.
(4)
Water turn-on charge: $50.
(5)
Water turn-off charge: $50.
(6)
Water meter replacement charges: $90.
(7)
A schedule of EDUs is attached as Exhibit A.[1]
[1]
Editor's Note: Said Table of Equivalent Dwelling Units (EDUs) for Water District No. 2 is included as an attachment to this chapter.
B.
Adjustment of rates. Rates may be adjusted annually by the Town Board
of the Town of Wilna by a resolution of the Town Board.
C.
Billing dates. Water shall be billed quarterly commencing in calendar
year 2004 with the first meter reading to be completed at the end
of February, bills to be issued the beginning of March and every three
months thereafter. In calendar year 2003, the first meter reading
shall be conducted on or before the end of August with bills to issue
the 1st of September. A second meter reading shall take place in 2003
at the end of November with bills to issue the 1st of December.
D.
Benefit assessment. Commencing in 2004, the debt retirement and Operation
and Maintenance charges shall be billed as a lump sum on the January
Town Tax Bill, as a Benefit Assessment. During calendar year 2003,
the debt retirement and Operation and Maintenance charges shall be
prorated and charged on each quarterly bill issued (e.g., debt retirement
$102 per year or $25.50 per quarter with $25.50 to be charged on the
September 1, 2003, bill and the December 1, 2003, bill). Operation
and Maintenance: $60 per year or $15 per quarter. $15 to be charged
on the September 1, 2003, bill and $15 to be charged on the December
1, 2003, bill.
E.
Water bills that remain unpaid for 30 days after the billing date
shall have an additional 10% interest charge assessed on the balance
due for the current quarter. After 60 days, an additional 5% penalty
will be assessed for every thirty-day period after 60 days. The Town
also reserves the right to shut water services off to any service
that remains unpaid past 60 days. Bills that remain unpaid as of October
26 of each year may be charged by the Town as special assessments
and collected as same.
F.
Any property owner requesting that the water be turned off will make
a request to the Operation and Maintenance contractor. There will
be a cost to turn off the water and a charge also to turn the water
back on of $50 each. In the event water service is turned off, the
property owner will continue to be billed the debt retirement portion.
G.
In the event a meter is damaged or destroyed through no fault of
the District, costs for replacement of the meter shall be $90 plus
the actual charges for labor incurred in changing the meter.
In the event of an emergency, including, but not limited to,
breaks in the water main, the Town shall not be liable for any damage
which may result to any person or premises from the shutting off of
the water from any main or service for any purposes whatsoever, even
in cases where notification is not given.
A.
When a building is torn down and the water service is no longer required
to the property or properties, the owner of said property is required
to excavate at the water main so that the abandoned water line can
be disconnected from the water main. The owner is responsible for
refilling the excavation.
B.
If the employees of the Operations and Maintenance contractor do
the actual disconnection then the owner will be responsible for any
costs associated with the disconnection by the Operations and Maintenance
contractor, and/or if the owner hires a contractor to disconnect,
the owner will pay the costs for the Operations and Maintenance contractor
to inspect the disconnection.
If a meter fails to accurately record the amount of water used,
the consumer will be charged at the average daily consumption, the
average of the last four quarters. The same practice shall be followed
in the even that a meter cannot be read.
In any building with multiple meters, there shall be a main
shutoff just inside the wall and individual shutoff for each meter
in the building. It shall be the responsibility of the owner to provide
the meter readings if the meters are not accessible.
Any person, or persons, firm or corporation violating any of
the provisions of these rules, regulations and ordinances hereby enacted
shall be fined a minimum of $25 and a maximum of $250 or imprisoned
in the county jail for not more than 15 days, or both. These rules,
regulations and ordinances may be enforced by injunction.
Should any sections or provisions of this article be declared
invalid, such decision shall not affect the validity of the remaining
portions of this article.
