[HISTORY: Adopted by the Town Board of the Town of Amenia 1-17-2019 by L.L. No. 1-2019. Amendments noted where applicable.]
A.
Pursuant to New York Town Law § 198(3)(c) & (d), Article
12 of the Town Law and other applicable sections of New York Law,
the Town Board of the Town of Amenia (hereinafter "Town Board") does
hereby establish the following rules and regulations governing installation
of water mains, service connections, service lines, and other equipment,
fixtures, and appurtenances in the Town Water District, and any extensions
thereof, and concerning other matters of the public water supply in
the Town of Amenia (hereinafter "the Town") so as to promote the safety,
health, protection, and general welfare of persons and/or property
in the Town.
B.
It is the further purpose of this chapter to establish rules and
regulations that promote the exercise of due care and diligence in
the operation and maintenance of the public water supply system in
the Town to ensure compliance with the requirements of the New York
State Department of Health State Sanitary Code, any requirements of
the Dutchess County Department of Health, and the requirements of
any other governmental entity having jurisdiction over such matters
with respect to drinking water supplies and public water systems,
and to prevent pollution and depletion of such water supplies and
systems.
A.
This chapter and the rules and regulations established under its
authority shall apply to Town of Amenia Water District No. 1 (hereinafter
sometimes "Town Water District") of the Town, and any extensions thereof,
and any Town water districts hereafter established, and any extensions
thereof.
B.
No water service connections, service lines, or facilities shall
be made or installed except in conformity with the provisions of this
chapter and all laws, rules, and regulations of the NYS Department
of Health and/or Dutchess County Department of Health.
B.
CHIEF WATER OPERATOR or OPERATOR IN CHARGE
CONSUMER/CUSTOMER/USER
CORPORATION STOP
CROSS CONNECTIONS
CURB BOX
CURB STOP
HOUSE SERVICE
HOUSE SERVICE, PRIVATE PROPERTY
HOUSE SERVICE, STREET
INSPECTOR
NEW YORK STATE DEPARTMENT OF HEALTH, WATER SUPPLY SECTION
PERSON
PUBLIC WATER SUPPLY SYSTEM
SERVICE CONNECTION
SERVICE LINE, SERVICE PIPE, SERVICE MAIN, WATER SERVICE LINE
TOWN WATER SUPPLY SYSTEM
WATER ANALYSIS, BACTERIAL
WATER ANALYSIS, CHEMICAL
WATER DISTRICT PERMIT
WATER MAIN or STREET MAIN
Definitions. Unless otherwise expressly stated, the following terms
shall, for the purpose of this chapter, have the meaning herein indicated.
The certified person, with certifications II B and D-Distribution
System, in responsible charge of, and having direct supervision over,
the operation and maintenance of the Town water supply system. Said
operator must at all times during such responsible charge and supervision
hold a valid certification equal to the classification of the water
system and each treatment plant and the distribution system as required
by the New York State Department of Health (hereinafter NYS DOH) Sanitary
Code pertaining to drinking water supplies. All personnel of the Water
Operator making process control and/or integrity decisions about water
quality and/or quantity that may affect public health must be appropriately
certified as required by the NYS DOH Sanitary Code and be under the
direction of the certified Water Operator in responsible charge.
The owner(s) or occupant(s) of premises to which water from
the public water supply is furnished as provided in this chapter.
A cock controlling the flow of water from the water main
to the consumer.
Any physical connection or arrangement between the public
water supply system and another water system or water source, or source
of contamination or pollution, or potential source of contamination
or pollution.
A vertical cast-iron pipe extending from ground level, usually
on the customer's/user's property, down to the shut-off
valve at the service connection.
The valve controlling water flow from the water main to the
service connection.
Includes street service and private property house service.
That portion of the house service between the curb box/curb
valve and the building, facility, or property being served.
That portion of the service line which connects to the water
main in the street and ends with the curb valve located approximately
between the street pavement and the property line.
The Town Building Inspector/Code Enforcement Officer and/or
Water Operator and/or other person or persons appointed and duly authorized
by the Town to inspect and approve the installation, repairs, and
replacements of water lines and other necessary appurtenances and
their connections to any public water system within the Town, and
to perform all other acts required or necessary or appropriate in
furtherance of the provisions of this chapter.
The section of the New York State Department of Health which
has authority and/or responsibility for the approval and/or oversight
of plans, specifications, maintenance, and/or operation of water systems.
Any individual, firm, company, partnership, association,
society, corporation, group, or other legal entity.
Town water system within the Town of Amenia, known as Town
of Amenia Water District No. 1 and identified as Public Water Supply
I.D. No. NY1302759, which provides piped water to the public for human
consumption. Such term includes collection, treatment, storage, and
distribution facilities under the control of the supplier of water
of such system and used with such system, and collection or pretreatment
storage facilities not under such control which are used in connection
with such system.
The pertinent pipes, valves, fittings, appurtenances, and
attachments of every kind and nature that connect the public water
supply system to a property owner's property, structure, house,
building, facility, or fixture.
The pipe and attachments of every kind and nature thereto
connecting the street main/water main with the property owner's
property, structure, house, building, facility, or fixture where water
may be received for usage.
Any pipes, water mains, tanks, pumps, connections, valves,
meters, collection and/or treatment facilities, and other appurtenances
forming part of the Town's public water supply system, known
as Town of Amenia Water District No. 1 and identified as Public Water
Supply I.D. No. NY1302759, which delivers piped water for human consumption
from the source(s) and/or collection or treatment plant(s) to the
consumer's service.
A determination of the bacterial content of water, including
total number of bacteria and bacteria of the coliform type.
A complete analysis of the chemical and physical characteristics
of water.
A permit that must be obtained from the Town of Amenia inspector,
or other person duly designated and authorized by the Amenia Town
Board, by a consumer or user, or intended consumer or user, of the
Town public water supply system prior to performance of any water
service line installations, connections, change of use, repairs, or
replacements. All monies received as fees for the issuance of such
permits shall be deposited into the Town Water District fund account.
The distribution pipe(s) and attachments of every kind and
nature conveying water along the streets, highways, and/or rights-of-way
in the water service area.
Except as otherwise provided in this chapter, a person owning
any real property developed for use, or being subdivided or developed
for use, where the laws, ordinances, regulations or requirements of
the NYS DOH, and/or the New York State Department of Environmental
Conservation, and/or the Town of Amenia, and/or the Dutchess County
Department of Health require a public water supply system, shall install
and/or connect to such a system. The expense of such installation
and/or connection shall be borne by the owner of the property.
A property owner seeking water service to his/her/its property
from the public water supply system shall apply to the Town Office
of Building and Zoning ("Town Building Department"), on an application
form prescribed by the Town Board. For existing customers of the Town
Water District at the effective date of this chapter, such application
shall be completed and submitted to the Town Building Department,
with a copy to the Town Water District, within 60 days of the effective
date of this chapter. By connecting to, and as a condition of accepting
water service from, the public water supply system, the property owner
agrees to a contract for such service and agrees to be bound by all
provisions, terms, and conditions of this chapter.
A property owner must notify the Town Water District at least five business days prior to a change in property ownership. The new property owner shall file an application for water service as required in § 119-5.
Connection of a service line from a property to the public water
supply system shall constitute the grant of an easement by the property
owner to the Town for the Town and its duly authorized agents and/or
employees to access the service main, any meter, meter structure,
cross-connection control device, or appurtenances thereto, for inspection,
repair or replacement of district water meters, and enforcement or
other lawful purpose as set forth in this chapter and/or in the laws,
rules, and regulations of the NYS DOH and/or Dutchess County Department
of Health.
The Water Committee heretofore established by the Town Board
shall continue. Water Committee shall have the responsibility of recommending
to the Town Board any further rules and regulations for the proper
administration of the provisions of this chapter, and which Committee
shall have the responsibility to review invoices of water charges
and fees and make recommendations to the Town Board in the event those
charges and fees should be modified.
A.
The provisions of this chapter shall be enforced by the Town Code
Enforcement Officer ("CEO"), in consultation with the Water Operator.
The CEO shall report monthly to the Town Board about operation of
the water system.
B.
The CEO and the Water Operator, and any other person duly authorized
by the Town Board, who shall bear proper credentials and identification,
shall be permitted to enter upon all properties serviced by the public
water supply system at reasonable times for the purposes of inspection,
observation, measurement, sampling, testing, repair or replacement
of water meters, or performing any other act in the furtherance and/or
enforcement of this chapter.
C.
Except as otherwise provided in this chapter, prior to the entrance
upon any property as provided herein, the CEO shall provide 10 days
written notice, by both certified mail, return receipt requested,
and first class mail, to the property owner at the address on record
with the Town of the intent to enter upon the property for the purposes
specified in this chapter. Upon said notice being given, the property
owner shall be obligated to respond to the CEO within 10 days of the
date of mailing of said notice and shall schedule an appointment to
allow access to the property within 15 days of the date of mailing
of said notice.
D.
In the event an emergency situation exists in the opinion of the
Water Operator or the CEO, the Water Operator or the CEO, or another
authorized agent of the Town, only if time permits, shall attempt
to make telephone, email, or personal contact with the property owner
to provide notice of the intent to enter upon the property immediately.
The property owner shall cooperate fully and expeditiously with the
CEO, the Water Operator, and any other duly authorized agent to facilitate
immediate access to the property and buildings thereon to remedy the
emergency situation.
A.
No person shall uncover, make any connection with or opening into,
use, alter, damage, or disturb the public water supply system or any
appurtenance thereof without first obtaining a Town Water District
Permit from the CEO, upon the CEO's consultation with and approval
of the Water Operator.
B.
The application for a Town Water District Permit shall be on a form
prescribed by the Town Board.
C.
Applications for a Town Water District Permit shall be submitted
to the Town Building Department together with the following:
(1)
Plans for any and all work to be done;
(2)
The name of the person that will be doing the work and all required
insurance coverages;
(3)
All required fees, payable to the Town of Amenia Water District No.
1, as set or amended from time to time by resolution of the Town Board;
and
(4)
Any approvals required from other agencies having jurisdiction over
the work.
A.
Any property owner within the boundaries of a Town Water District
may submit a petition to the Town Board requesting relief from mandatory
hookup to the Town water supply system and seeking permission to install
a private well or other source of water to service such owner's
property where physical limitations of the Town water supply system
and/or terrain exist and create a hardship in making such connection.
Such petition shall include:
(1)
A full and complete description of the physical limitations of the
Town water supply system and/or terrain that exists and the hardship
created in making a connection to the Town water supply system;
(2)
Plans and specifications for the planned installation of a private
well or other source of water; and
(3)
Such other information and documentation necessary to fully inform
the Town Board of the circumstances present. The Town Board may, in
its sole discretion, request such additional information and documentation
deemed necessary to conduct a full and proper review and to make its
determination.
B.
The relief requested in such petition shall be subject to approval
by the Town Board, in its sole discretion after consultation with
the Water Operator and CEO, and the Dutchess County Department of
Health, and no installation of a private well or other source of water
supply shall be made until and unless all such written approvals have
been obtained.
C.
The Town Board, in making a determination whether to grant relief
to a property owner as set forth in this section, may consider any
matter or item it deems appropriate, including, but not limited to,
the distance or setback from the closest water main and/or service
line to the property owner's property.
D.
In the event that approval of the Town Board is granted for relief
from mandatory hookup to the Town water supply system, the property
owner shall be responsible for all maintenance and expenses for his/her/its
approved well or other water source. The property owner shall permit
the authorized representatives of the Town and the Dutchess County
Department of Health to inspect the property owner's installations
to ensure that said installations comply with all applicable laws
and regulations with respect to private wells or other water sources.
E.
Where such relief from mandatory hookup to the public water supply
system is granted by the Town Board, and if there is any service line
connection from the public water supply system to the subject property,
the inspector shall have the right to inspect the property at reasonable
times to determine whether any cross-connection exists and, if so,
the property owner, at his/her/its own cost and expense, must test
the private well or other water source at least once each year, and
at such other times when, in the opinion of the Water Operator and
inspector, the possibility of contamination may exist, for purity
for drinking water purposes and said property owner shall install
the appropriate cross-connection controls as required in this chapter.
F.
Properties seeking relief under this section, are still required
to pay any special assessments imposed by the Water District.
A.
Section 105-25 sets for the policy of the Town which is that all central sewer and water systems shall be owned and operated by the municipality, the Dutchess County Wastewater Authority, or other governmental or public authority acceptable to the Planning Board and Town Board.
B.
When a new public water supply system is contemplated to serve a
proposed subdivision or other area within the Town, approvals must
be obtained, in accordance with all laws, rules, and regulations,
from the Town, the Dutchess County Department of Health, the NYS DOH,
and any other governmental or public agencies, departments, or authorities
having jurisdiction over such proposed water supply system.
A.
The quality of the public water supply shall meet with accepted standards
of purity as established by the NYS DOH.
B.
Each service connection shall receive a pressure of at least 20 pounds
per square "psi" inch on the first floor. In the event the pressure
is lower than 20 psi on the first floor, the Town will provide the
service connection with means to reach minimum pressures prescribed
and approved by the Town's designated engineer. The equipment
supplied to meet these minimum requirements will be and shall remain
the property of the Town, and the owner of the subject property and
any tenants or occupants thereof shall not do anything to damage,
destroy, alter, or impair the performance of such pump and pressure
tank and shall be responsible for any damage thereto, reasonable wear
and tear excepted.
A.
The public water supply of the Town Water District will be distributed
through the Town water supply system.
B.
No one except the Water Operator shall make, or allow or cause anyone else to make, any connection to any street main through which the public water supply is distributed. No one shall connect at any time to any public water supply service line without the permission of, and according to the directions and oversight of, the Water Operator. (See also § 119-20, Tapping of water mains.) No more than one service connection per property parcel is allowed without prior, written approval of the Water Operator.
C.
Extensions to the distribution system.
(1)
In all subdivisions seeking a supply of water from the Town, the
distribution system within the subdivision must be designed so as
to provide maximum opportunity for improving distribution and for
accommodating reasonably foreseeable expansion requirements. Adequate
provision must be made for future system extensions, and the mains
must be properly sized to accommodate such needs. Any and all pump
tests and system evaluations to assess such request for connection
to the Town water supply system shall be conducted by an engineer
of the Town's choice at the sole cost and expense of the property
owner or applicant. Proposed design specifications shall be subject
to review and approval of the Town's designated engineer. The
property owner and/or applicant must comply with the requirements
of the Town's designated engineer prior to connection to the
Town water supply system.
(2)
All plans and specifications for a proposed water system, water mains,
and all appurtenances, and/or extensions of the Town water supply
system must be submitted to the Town Board for a full and complete
review, including, but not limited to, engineering review by the Town's
designated engineer and review by the Water Operator, at the sole
cost and expense of the property owner or applicant.
(3)
With respect to such requests for extensions of, or connections to,
the Town water supply system, the Town Board may require the applicant
to deposit a sum of money into an escrow account in advance of the
review of the application. Such deposit may be required at any stage
of the application process. The Town Board may also require additional
deposits of sums of money into such escrow account at any time during
the application and/or review process if the moneys so deposited are,
or are anticipated to be, insufficient to pay the Town's costs
for review, as described in this section. If the applicant shall fail
to deposit the requested escrow moneys, application review, approval,
and/or any necessary permits may be withheld or suspended by the Town
Board until such time as the requested moneys are so deposited.
(4)
An irrevocable offer of dedication and bargain and sale deeds and/or
permanent easements and/or permanent rights-of-way for all water mains
and appurtenances must be provided to the Town and approved as to
form by the Town Attorney, all at the sole expense of the property
owner.
(5)
The Town, in its sole discretion, may provide water from the Town
water supply system during construction and for testing purposes during
the construction process, which water shall be metered and charged
to the property owner. However, no water shall be supplied to homes
or units constructed within a subdivision or an extension district
unless and until the entire system has been approved by the Town's
designated engineer, accepted by the Town Board, and is in compliance
with all NYS DOH requirements.
(6)
All application, connection fees, and water charges, if any, must
be paid to the Town or Town Water District, as required by the Town
Board, prior to acceptance of the system by the Town.
All permits required pursuant to this chapter are deemed to
be issued upon the express condition that the Town Board and/or the
CEO may at any time revoke and annul the same, if deemed by the Town
Board or the CEO to be in the best interest of the Town.
A.
Notice must be given to the Water Operator at least 48 hours in advance
when any plumbing is ready for inspection. The plumber performing
the work shall furnish all necessary assistance and appliances necessary
to make the final connection to the water meter and curb valve.
B.
The property owner shall direct his/her/its plumber to remove, repair,
and/or replace any defective material and/or workmanship when so ordered
or directed by the Water Operator.
C.
The plumber employed by the property owner will be considered the
agent of such owner while employed in the performance of work at the
subject property, and under no circumstances can any plumber or any
of his employees doing such plumbing work act as the agent or representative
of the Water Operator. Neither will the Town, its Water Operator,
or any employee of the Town or Water Operator be responsible for the
acts of the property owner's plumber.
A.
All water provided from the public water supply system to the property,
for any purpose whatever, shall be metered. No connection to the public
water supply system shall be made or maintained unless all water delivered
therefrom shall pass through a meter authorized and approved by the
Town Board and Water Operator and installed in accordance with all
provisions of this chapter. No connections, "bypasses," tees, or other
fittings may be placed or allowed on service mains/service lines between
the street main and the meter on the property.
B.
Only meters which have been approved by the Town Board and furnished
by the Town shall be installed. The Water Operator shall determine
the appropriate type and size of the meter in each instance. The Town,
through its Water Operator, will supply, own, and maintain all water
meters.
C.
The property owner and any tenants and occupants of the property
receiving water service from the public water supply agree, as a condition
of receiving water service, to allow access to the meter by the Water
Operator, the CEO, and other duly authorized representatives of the
Town and/or the Dutchess County Department of Health at all reasonable
times for the purposes of reading, inspecting, and/or repairing or
replacing the meter.
D.
The meter(s) shall be installed within a building or structure to
be served in a location before any usage connections, shall be set
with the inlet and outlet in a horizontal line with the register on
top, and shall be located so as to be readily accessible at all times
for reading, inspection, and repair or replacement. Stop valves shall
be provided on both inlet and outlet of the meter. Once set, meters
shall not be relocated without written approval of the Water Operator.
E.
The Water Operator must inspect and approve the meter installation
prior to, and as a condition of, turning on water service to the property.
All meters and cross-connection control devices and/or structures
must be constructed and/or installed as required in this chapter.
F.
If an approved water meter is not placed in an accessible place of
the property at all times, water service will not be initiated, or,
if water service is currently being provided, the CEO shall impose
an "inaccessible meter penalty" upon each and every unit of the property
that is in violation of this chapter. Such penalty shall also be imposed
and assessed against any property owner who shall refuse to allow
access to the property for meter reading, meter inspection, or meter
repair or replacement. Such penalty shall be set by resolution of
the Town Board, in addition to any additional or estimated use charges
for all single-family residential units separately metered, and for
commercial and multifamily residences of two or more rental units
which are not separately metered. These penalties may be revised from
time to time by resolution of the Town Board. All such penalties shall
be imposed on the next water usage bill and shall be payable to and
collected by the Town in the same manner as water usage charges.
G.
Except as otherwise provided in this chapter to the contrary, in
the event of a discrepancy between the water consumption as indicated
by the remote reading device and the water consumption as measured
by the water meter at the premises, the water consumption as measured
by the water meter at the premises shall be controlling. As a condition
of receiving water service, the property owner shall have an affirmative
duty to report a nonregistering, inaccurate, defective, or leaking
meter to the Water Operator in writing immediately when discovered.
Failure of the owner and/or consumer to so report to the Water Operator
will result in the property owner and/or consumer being held responsible
for the cost of water lost, which cost shall be based on the customer's
average historical usage.
H.
No property owner or his/her/its agents, or tenants, or consumers
of the public water supply, or any other person, shall tamper with,
alter, or damage any water meter or its register, or any attachments
or appurtenances thereto, installed or maintained pursuant to this
chapter, nor shall any such persons break, or attempt to break, or
tamper with any water seals which are part of the public water system
or part of any system or line intended to deliver water service to
a property.
I.
In the event of tampering, alteration, or damage of or to installed
water meters or any attachments or appurtenances thereto, or the breaking
of water seals, the property owner shall be assessed the cost of repairing
or replacing the meter including a service fee established by the
Town Board. The property owner shall also be liable for the payment
to the Town Water District for water service provided, but not paid
for, for a period up to six years, as a result of such tampering,
breakage, or damage. The property owner will also be liable for meter
replacement and labor. The Town may also take criminal legal action
again the property owner or such other person who has engaged in the
conduct set forth in this section where instances of intentional and/or
repeated tampering, alteration, or damage have occurred.
J.
Outside meter pits may be installed in special cases on written approval
of the Town Water Operator, and in his or her discretion. Such meter
pits must be installed in accordance with all specifications of the
Town Water Operator, and in accordance with any applicable laws, rules,
or regulations, and at the sole expense of the property owner.
K.
Provision shall be made by the property owner to prevent hot water
from entering any meter.
L.
All meters supplied by the Town shall remain the property of the
Town. All meters furnished by the Town will be tested before being
installed. Meters furnished by other parties will not be recognized
and/or approved unless they have first been tested and approved by
the Water Operator at a fee to be established by the Town Board, which
shall be the sole cost of the property owner. Said fee may be amended
from time to time by resolution of the Town Board.
M.
Plumbers, after completing the work of introducing water into a property
and testing the pipes and fixtures with approval of the Water Operator,
shall turn the water off at the curb stop until a meter has been installed
and set on the service. No owner, tenant, occupant or other persons
shall use water from the public water supply system until and unless
an approved water meter has been installed and such installation is
approved by the Water Operator for service to the premises. The property
owner is responsible to ensure that the internal plumbing of the building
or structure is of satisfactory condition and in good working order
to allow for the proper installation of the water meter and its appurtenances
in accordance with all requirements of this chapter. Water service
to the property may be denied, or an inaccessible meter fee imposed,
in the discretion of the Water Operator, until the internal plumbing
conditions are remedied to the satisfaction of the Water Operator
to facilitate the property installation and/or function of the water
meter.
N.
At the request of the property owner, the Water Operator will test
the meter installed at his property. If the meter, when tested, is
registering 5% or more water than actually passes through it, there
will be no charge for the test; otherwise, a charge will be imposed
on the property owner. Said charge may be amended from time to time
by resolution of the Town Board.
O.
Except as otherwise set forth in this chapter, when a meter is not
working or is deemed by the Water Operator to be malfunctioning, the
consumer/customer will be billed by estimate based on the consumer's
historical use data, or, if such historical data is lacking, in accordance
with the minimum water charges in effect at that time, until such
time as the meter is repaired or replaced. The property owner shall
comply promptly with all requests of the CEO and/or Water Operator
to facilitate the prompt repair or replacement of any non-working
or malfunctioning water meter.
P.
All new construction begun, or applications made, after the effective
date of this chapter shall provide for each dwelling unit to be separately
metered.
Q.
In the event of failure of a property owner to comply with all requirements
set forth in this section, the Water Operator shall report such violations
to the CEO, whereupon the CEO shall pursue enforcement remedies as
set forth in this chapter.
A.
Usage charges, payment, penalties, fees, turn-off and turn-on fees.
(1)
Usage charges.
(a)
The charges for Town water shall be established and revised
from time to time by resolution of the Town Board. Base rates will
be established for three categories: single family home, multiple
dwelling (two or more apartments in the same building), and commercial
business, along with usage rates for each additional 1,000 gallons.
(b)
Notwithstanding the minimum annual charges, if a property owner/consumer/customer
advises the Town in writing that his service should be turned off
because it will not be needed for 60 days or more, the minimum charge
shall not apply. After paying his bill for service prior to the period
of non-use, along with the turn-off fee, the property owner/consumer/customer
will be charged for his actual usage during that quarter.
(2)
Payment; penalties. A consumer's water bill must be paid within
the first 30 days of the quarter following the quarter billed. If
the bill is not paid within 30 days of the due date, a 10% penalty
will be applied and added to the amount outstanding, with compounding
quarterly.
(3)
Fees for turn-off, turn-on, emergencies, troubleshooting, damage,
installation and removal of water meters, locating service lines,
returned checks, final meter readings.
(a)
The Town Board will by resolution establish a fee for delinquent
accounts of one year or more, or accounts in violation of this chapter
for each turn-on and turn-off.
(b)
This fee will apply for seasonal turn-off at the request of
the property owner/consumer/customer, as well as for trouble-shooting,
repairs and emergencies.
(c)
Any damage caused by an owner, his tenant(s), occupants of his
property, or the agents of any of them, to valves, curb boxes, water
meters, or any other parts and appurtenances of the public water system,
shall result in the imposition of additional costs and expenses for
repair or replacement as necessary, including materials and labor,
as well as any administrative fees.
(d)
The fee for installation and removal of water meters shall be
set by the Town Board.
(e)
The charge for marking out service lines on private property
(if accessible, and traceable) at the request of the owner shall be
set by the Town Board.
(f)
The fee for a check returned by the bank shall be the actual
amount charged for such return, and the Town may thereafter refuse
to accept checks of the customer and require payments to be made in
cash, or by money order or official bank check.
(g)
The fee for a final meter reading shall be set by resolution
of the Town Board.
(4)
Payment of fees, charges, penalties, and/or interest.
(5)
All fees, charges, penalties, and/or interest are due and payable
as set forth in this chapter. Payments received will be applied first
to penalties and fees, then to the oldest charges due.
(a)
Fees, charges, penalties, and/or interest and payment due dates
thereof may be set or revised from time to time by resolution of the
Town Board.
B.
Property owner responsible for all charges, fees, penalties, and/or
interest. The property owner shall be responsible for payment of all
charges, fees, penalties, costs, and/or interest specified in this
chapter even if he/she does not reside on the subject property, has
leased or rented the property to others, or the account for water
usage is opened in another's name.
C.
Nonpayment; notice of termination of water service; termination of
water service; restoration of water service. If full payment of water
usage charges, plus any fees, charges, penalties, interest, and costs
of collection have not been paid in accordance with this chapter,
the CEO, after giving the property owner and any known tenants, or
their respective agents, executors, administrators or assignees, 10
days' written notice of the intended date of termination of water
service by:
(1)
Certified mail return receipt requested, and first-class mail at
their last addresses reflected in the Town's records; or
(2)
By securely affixing a copy of the notice upon a conspicuous part
of the main structure of the premises to which the water service will
be discontinued and by first class mail to the property owner of record,
shall order the water service to the subject property to be turned
off.
(3)
Notwithstanding the foregoing notice, the property owner shall be
responsible for giving appropriate and prompt notice of the impending
termination of water service to the property, including the date of
termination, to any tenants, lessees, or occupants of the property.
D.
Notice of termination of service to be given by the CEO, as provided
in this section, shall state:
(1)
The date on which delivery of water will be discontinued, which shall
be no sooner than 10 days from the date of service of such notice
and no longer than 30 days after service of such notice;
(2)
The amount, including all fees, charges, penalties, interest, and
costs of collection due and owing.
E.
Service shall be restored only after all outstanding charges, including
all fees, penalties, interest, and costs of collection, plus turn-off
and turn-on fees have been paid in full. Such payments shall be made
either in cash or by official bank check or money order in person
at the Town Water District office during regular business hours.
F.
All charges, fees, penalties, interest, and costs of collection that
remain unpaid shall be referred by the Town Water District/Water Operator
to the Dutchess County Department of Finance for levy against the
subject real property, and upon such referral, and an additional fee
will be added onto such outstanding water bill for levy onto the real
property tax bill. Said additional fee may be amended from time to
time by resolution of the Town Board.
G.
Legal fees; costs of collection. All legal fees and expenses incurred
by the Town to collect delinquent water bills, including any fees,
charges, costs, disbursements, and interest, shall be deemed to be
and shall constitute additional water usage charges and shall be paid
by the property owner in the same manner as usage charges.
H.
Lien upon real property. All charges which are imposed pursuant to
this chapter, regardless of whether the charges are incurred by the
property owner, a tenant or tenants, or any other occupant(s) of the
property, shall be a lien on the real property to which the service
has been provided. In addition to, or in lieu of, any other remedies
provided in this chapter, the collection of such charges may be in
the same manner and by the same methods as provided for the collection
of taxes in accordance with the applicable provisions of the Town
Law of the State of New York, the Real Property Tax Law of the State
of New York, any other relevant statutes of the State of New York,
and/or by any other methods allowed by New York State law.
I.
Upon the written request of a property owner to the Water District
Billing Department, the Water Operator shall, within 10 days of receipt
of the request, shut off water service to the property. The property
owner shall fully cooperate with the Town and the Water Operator,
and/or such other person authorized by the Town Board, in that process
and, if necessary, allow the Water Operator and/or other duly authorized
Town employee or representative access to the subject property in
order to disconnect or terminate the service. Prior to making such
request, the property owner shall give appropriate notice to any tenants
or occupants of the property, and the property owner shall bear all
responsibility and liability for the consequences of the termination
of water service to the property. After the water service has been
disconnected/terminated, the Water Operator shall inform the Billing
Department of that fact.
J.
Except as otherwise set forth in this chapter, upon full payment
of all accumulated charges as set forth in this chapter, including
turn-off and turn-on fees, the property owner shall have the right
to have his water service restored. This right shall require 48 hours
prior written notice, during normal business hours, to the CEO and
Water Operator, as well as allowing the Water Operator or other duly
authorized Town employee or representative access to the property
to restore service. The property owner, who shall identify himself/herself/themselves,
must to be present before the Water Operator and/or authorized Town
employee or representative will enter the premises to restore service.
A.
There will be an inspection fee for service line alteration, repair,
or replacement to connect to the Town water supply system. The fee
will be imposed per connection (as included in the specified application
fee), or such fee subsequently set from time to time by resolution
of the Town Board, which fee shall be paid in advance by the property
owner, deposited into the Town Water District fund account, and which
fee shall be nonrefundable once the Water Operator and/or CEO begin(s)
review of the application.
B.
The service connection fee for service connections greater than one
inch will be determined by the Water Operator on a case-by-case basis
in accordance with the following:
(1)
The connection fee will be estimated at the time the initial service
application is made and shall be remitted by the property owner to
the Town Water District before any review commences. Such connection
fee shall be recorded in an escrow-type manner and will be drawn down
as the Water Operator conducts its review of the application.
(2)
The property owner will be instructed in writing as to any additional
amount he/she/it is required to remit, which shall then be recorded
in the escrow-type manner.
(3)
At the end of the connection process, any balance remaining of the
property owner's escrow amount shall be returned to the property
owner.
C.
The connection fees are intended to cover costs of engineering review
where deemed necessary by the Water Operator, the CEO, or the Town
Board, cost of the water meter (to be installed by the property owner's
contractor with approval of the Water Operator), costs of reviewing
the property owner's plans, specifications, installation drawings,
and other required submittals, and inspection and/or observation costs
during excavation, installation, and completion of the installations
and connections as deemed appropriate by the Water Operator and CEO.
D.
Installations to facilitate such connection are not included in the
connection fee. Fees for said installations will be determined by
the Water Operator on a case-by-case basis and paid in advance by
the property owner.
E.
If the water service to a property has been disconnected or terminated
for one year or more, a new connection fee must be paid before service
can be restored, and all lines and installations shall be in compliance
with the provisions of this chapter at the time of reconnection.
A.
No one except the Town Water Operator, or another in the presence
of, and under the direct observation of, and with the permission of
the Water Operator, shall at any time connect to or tap, or cause
or allow to be connected to or tapped, any water main which forms
part of the Town water supply system through which water is delivered
to the customers.
B.
No one shall connect at any time to any public water supply service line without the issuance of a permit as required in this chapter, and such connection shall be according to the directions and under the observation of the Town Water Operator, and performed in accordance with any and all applicable laws, rules, and regulations of the NYS DOH and the Dutchess County Department of Health and this chapter 119 of the Town Code.
C.
No tap or connection shall be made with any part of the public water
supply system until:
(1)
An application is filed by the property owner with the Town Building
Department;
(2)
The required application fee is paid to the Town of Amenia Water
District No. 1;
(3)
The connection fee is paid to the Town of Amenia Water District No.
1;
(4)
The necessary permit is issued by the CEO;
(5)
Not less than 30 days' written notification is provided to the
Water Operator of the intent to proceed with the work as authorized;
and
(6)
An appointment is scheduled with the Water Operator with respect
to performance of the work.
D.
Water main connection (tapping) for nonemergency work will generally
cease on November 1 and resume on May 30. Water main connection (tapping)
may be allowed at other times, weather permitting, at the discretion
of the Water Operator.
E.
The property owner is responsible for the installation of the water
service line from the curb valve, whether in the public right-of-way
or on the property owner's property, to and including the installation
of a Town-owned water meter. The property owner is responsible for
all costs and expenses of excavation, piping, valves, valve boxes,
pipe bedding materials, backfill, paved and nonpaved restoration associated
with the installation of the service, and any other work or materials
or equipment necessary for such installations.
F.
Only one tap shall be made for each service line to a property. Excavation
for tapping water mains shall be at least 48 inches in depth, or depth
of existing water main, and 96 inches wide, unless otherwise specified
by the Water Operator. The Water Operator shall be notified in writing
at least one week prior to the start of any excavation.
G.
For service connections greater than one inch, the property owner
must submit installation drawings/plans, which have already been reviewed
and approved by the property owner's New York State licensed
engineer, of the layout and material specifications for the installation
for the Water Operator's review and approval before any construction
begins. The property owner will be advised in writing by the Water
Operator if such proposed installation is acceptable.
H.
Curb boxes are intended to be placed on the property at or above
grade. Any curb box that is damaged or tampered with shall be corrected
to grade level by the Water Operator at the owner's sole cost
and expense. Such cost and expense shall be payable by the property
owner in the same manner as water charges.
I.
Curb boxes and curb stops shall be maintained in good working order
by, and at the expense of, the property owner.
A.
The property owner is responsible for the service line from the curb
box/valve, usually located on or in front of the subject property,
to turn the water supply from the public water supply system on or
off to the customer or user receiving water, to the water meter.
B.
A "service line" is required to have an inside diameter of four inches
to a minimum of 3/4 inch.
C.
No street or public place shall be excavated by anyone for the purposes
of connecting with the public water supply system or street main,
or laying or installing water pipes or fixtures, or appurtenances
thereto, without the written permission and issuance of all necessary
permits of all appropriate authorities having jurisdiction including,
but not limited to, as appropriate, the Town, the Town Superintendent
of Highways, the New York State Department of Transportation, and
the County of Dutchess.
D.
The property owner and his/her/its agents, contractors, employees,
and representatives, shall adhere to all requirements of law as shall
be applicable to such excavation and work, and shall comply with all
rules, regulations, procedures, and guidelines promulgated and administered
by Dig Safely NY, or its successor organization.
E.
The property owner shall be responsible for any resulting damages
of such excavation and shall hold harmless and indemnify the Town
and the Water District, and their officials and employees, from any
and all liability therefor.
F.
Except as otherwise set forth in this chapter, the Town Water Operator
shall be given 30 days prior written notice of the intended date of
the start of any work.
G.
As the work commences and progresses, the property owner who applied
for such permission to perform work, and his agents and contractors
engaged in the performance of such work, shall have proper regard
for the safety and convenience of the public, shall ensure that all
excavations and work areas are guarded with appropriate and sufficient
barricades, shall post and/or place appropriate and sufficient warning
lights and signs at all times, shall comply with all instructions,
directions, mandates, and permit conditions of all governmental authorities
having jurisdiction over the work area, and shall keep the street
open to traffic in accordance with the directions and mandates of
all governmental authorities having jurisdiction over the work area
or, where directed by the appropriate governmental authorities, close
the street in compliance with such directions.
H.
Upon completion of the work, the applicant shall inform the Water
Operator, the CEO, the Town Highway Superintendent, and, where required,
the appropriate state and/or county authorities.
I.
Service lines from the curb valve to the owner's house, building,
structure, facility, or fixture where water may be received for usage
shall be laid at least five feet below the surface of the ground at
all points and shall be protected by the property owner from frost
or damage at the property owner's expense.
J.
Each service line shall supply water to only one residence or building.
K.
Service lines from the curb valve to the water meter, including lines
up to two inches in diameter, shall be of pure, seamless, piping with
bronze fittings, or fittings approved by the Water Operator. Piping
shall be type K copper or CTS plastic with a trace line not less than
3/4 of an inch and of the following thickness:
|
Nominal Pipe Size
(inches)
|
Outside Diameter
(inches)
|
|---|---|
|
3/4
|
7/8
|
|
1 1/4
|
1 3/8
|
|
1 1/2
|
1 5/8
|
Corporation stops shall be tapped on the side of the water main
except in special circumstances as determined by the Water Operator.
The service line shall be installed to allow for settlement and movement,
as shall be approved by the Water Operator. All service lines shall
be installed at the property owner's expense and maintained by
the property owner from the point of the curb valve into and through
the building or structure to the water meter, which service lines
shall be installed at a depth of five feet below grade.
A.
Sand free of any rock or stone shall be used to backfill in a trench
excavation around all piping including below pipe at least six inches.
The sand shall be placed manually to a height of one foot above the
pipes, and the trench shall be tamped mechanically in two-foot layers.
Remainder of backfill must consist of bank run material free of stones
larger than one inch in diameter.
B.
Trenching and excavation in public roadways shall be done according
to the specifications of the governmental authority having jurisdiction
over the roadway. The Town and other appropriate governmental entities
shall be named as an additional insured on any insurance or bond required
for excavation.
C.
Excavated material may be used for back-fill only upon approval of
the Water Operator.
A.
All maintenance and repair of the water service line between the
curb box/valve and the building or structure served, to the water
meter, shall be repaired by the property owner at his sole expense
in accordance with all provisions of this chapter. The meter shall
be supplied, owned, and maintained by the Town. Failure of the property
owner to maintain and complete repairs to the service line promptly
may result in having the water service shut off, in the discretion
of the Water Operator. All leaks and/or service repairs from the water
main to the curb box/valve shall be repaired by the Town at the expense
of the Water District.
B.
In some instances, upon the property owner's written request,
leaks between the curb box/valve and the building or structure may
be repaired by the Town at the property owner's expense; however,
the Town shall have no obligation to perform such repairs and doing
so shall be in the sole discretion of the Town. In the event the Town
performs such repairs, the property owner shall be responsible for
all expenses of such repairs, which expenses shall be due and payable
upon completion of the repairs.
C.
Service lines under heavily-traveled streets, or other conditions
as deemed by the Water Operator or DOH shall be sleeved at the time
of installation.
D.
Only the Water Operator may operate water main valves, service valves,
or service curb valves, unless such operation is directed by and performed
under the direct supervision of the Water Operator.
Static water pressure in a building served by the public water
supply shall be 55 pounds per square inch. If, at the point of entry
of the service line into the building, the static pressure exceeds
100 pounds per square inch, a pressure-reducing device shall be installed
by the property owner at his sole cost and expense. This shall be
mandatory for all new service installations and service line replacements.
A.
Plans for water main extensions must be approved by the Dutchess
County Department of Health. Within the service area of the Town water
system, no main or branch lines two inches or less for water supply
shall be constructed without first presenting complete plans to the
CEO and Water Operator for review, inspection, and approval; mains
and/or branch lines over two inches must be submitted to the Dutchess
County Department of Health, the CEO, and the Water Operator. Work
shall not proceed without all necessary approvals.
B.
Mains shall be constructed with proper blow-off valves and shall
be constructed so as to prevent or eliminate dead ends. Mains shall
be constructed of ductile-iron pipe, approved plastic or as approved
by Water Operator.
C.
Six-inch pipe will be the minimum size acceptable for runs of 500
feet and longer.
A.
The Town Water District transmission line shall be American Water
Works Association specification or mechanical joint type with trace
lines. All plastic pipes shall have tracer wire lines attached from
the valves to the valve box. Fittings shall be Class 250 cast iron,
brass or plastic when specified. Valves shall open counter-clockwise.
B.
The water main shall be laid directly upon the trench bottom which
has been hand-trimmed to provide the pipe with a full-length bearing,
or the pipe may also be supported by blocking, four blocks to a length,
and fine earth or gravel compacted under the pipes. Where the bottom
of the trench at subgrade is found to be unstable, unstable material
shall be removed to the width and depth ordered by the inspector.
Before the pipe is laid, the subgrade shall be made stable by refilling
with, sand, gravel or crushed stone in layers and shall be thoroughly
compacted so as to provide a uniform and continuous bearing and support
for the pipe. Rock shall be excavated to a depth of six inches below
the bottom of the trench excavation and refilled with thoroughly compacted
gravel or sand. Concrete thrust blocking shall be provided at plugs,
tees, bends, and at other locations designated by the inspector. Dimensions
of thrust blocks must be approved by the Water Operator.
C.
For the purpose of electrical bonding, serrated bronze wedges shall
be installed between the barrel and the bell of the ductile-iron pipe.
D.
Pipe trenches shall be back-filled as soon as possible after inspection.
Selected, sand material shall be used for backfilling under, adjacent
to, and for a depth of one foot above the pipe. Such backfill shall
be thoroughly compacted into place mechanically. If there is a shortage
of suitable material for backfilling, material from an outside source
may be substituted. The remainder of the trench, to a depth of four
feet above the pipe, shall be backfilled and mechanically tamped with
suitable material from the excavation. No boulders or rocks larger
than 1/2 cubic foot in volume shall be used. At the end of each workday,
the pipe shall be sealed with a suitable pipe cap to prevent the entrance
of foreign materials into the pipeline. Disinfection shall be accomplished
in accordance with the methods prescribed by AWWA Standard C-601 latest
revised edition.
E.
The line shall be tested for pressure and leakage in accordance with
the method prescribed by AWWA Standard C-600, latest revised edition.
F.
The property owner and developer guarantee all work and equipment
against any defects in workmanship and material for a period of one
year after the date of final acceptance of the work by the Town. Under
this guarantee the property owner and developer agree to correct,
repair, and/or replace, without delay, and at their sole cost and
expense, any failure due to faulty materials, construction, or installation
and, further, shall correct, repair, and/or replace any damage to
any part of the work caused by such failure.
G.
The property owner and developer shall furnish a maintenance bond
in the amount of 10% of the estimated installation cost of the water
main. This bond shall have a term of one year to insure the Town in
the event that the property owner or developer fails to meet the requirements
of the one-year maintenance guarantee. The property owner and developer
may also be required by the Town Board to furnish a performance bond
in an amount recommended by the Town's designated engineer and
approved by the Town Board for completion of the system.
H.
Where mechanical-type joints are indicated on plans, rubber gaskets
shall be installed as specified by the Water Operator.
I.
Below is a list of specifications for materials approved by the Town
for water main installations:
(2)
Copper pipe: two inches and smaller, Type K or CTS plastic with tracer
wire.
(3)
Meters:
(a)
Neptune, as specified and purchased by the Town of Amenia.
(b)
Water will be supplied for testing purposes only and will be
turned on for use after the property owner, or his authorized agent,
has complied with all requirements of this chapter and all specifications
of the Water Operator and/or inspector. When the water line has been
accepted by the Town, a certificate of occupancy will be issued and
the property owner may then use the public water supply.
(c)
Before any water line can be accepted by the Town, a comprehensive
as-built map containing accurate and complete measurements, and showing
all connections, valves, hydrants, corporation stops, main lines,
service lines, and curb boxes must be presented to CEO and Water Operator
for approval.
A.
Whenever steam boilers, heating systems, or hot water tanks are to
be installed, the installation of a suitable safety valve, vacuum
valve, or similar approved backflow prevention device as set forth
in this chapter is mandatory.
B.
Whenever the possibility of contamination of the public water supply
may exist, through backflow or back-siphonage or by any other means,
a reduced-pressure backflow prevention device approved by the NYS
DOH must be installed in accordance with this chapter. The property
owner shall bear all costs of that installation.
C.
The Town will not be liable for any damage resulting from the sudden
shut-off of water to steam boilers or other fixtures or equipment
deriving their supply from the public water system.
D.
The Town Board reserves the right to suspend or discontinue, when
the public interest shall require it, the use of any water service,
including street mains, and also to shut off the water for repairs
or alterations of the street mains or service mains or for other purposes
and to keep it shut off as long as may be necessary.
E.
The Town reserves the right to limit the amount of water supplied
to any consumer whenever circumstances warrant such action. The Town
may also shut off water which is used for any manufacturing purposes
or for lawn sprinklers for the purpose of preserving drinking water
when circumstances warrant. If possible, the Town will give timely
notice, by publication, of such action. In case of an emergency or
during new construction work or repairs, the Town may shut off water
entirely, without notice, and for as long as will be necessary.
F.
Neither the Town or any of its officers or agents or the Town Water
District shall be held responsible or be responsible to consumers
for any damages or loss to property or persons which may result from
or be caused by shutting off the water, even when no notice is given,
and no deduction from water bills will be in consequence thereof.
No claim shall be made against the Town of Amenia or the Town Water
District for any damages or loss to property or persons arising from
the bursting or breaking of any street main or service pipe or any
fixture or attachment thereto, wherever situated, or from the failure
or diminution of the water supply, whatever the cause thereof may
be.
G.
Air-conditioners or cooling devices which use water in their operation
shall utilize a cooling tower or some means of reusing the water.
Alternate materials and methods of construction may be used
only if they have first been approved by the Town's designated
engineer, the Town Board, the Water Operator, and the CEO. The Town's
designated engineer may approve an alternate design provided it complies
with the intent of this chapter and the material and method of work
are at least the equivalent in quality, strength, effectiveness, durability
and safety of that which is described in this chapter.
A.
Each hydrant shall have two 2 1/2-inch hose connections, and
one five-inch steamer connection. Hydrants shall have flanged ends
to which a six-inch flanged and mechanical-joint valve or a mechanical-joint
end can be bolted.
B.
Each hydrant shall be installed so that it has a poured concrete
thrust block or is securely rodded to the water main. Rods shall be
5/8-inch threaded rod minimum.
C.
Hydrants shall be set so that the bury mark is at finished grade.
If extensions are needed, they shall be of the proper length to bring
the hydrant to normal elevation.
D.
A valve will be provided by the Town so that the hydrant can be shut
off for repairs without shutting off any water main(s) or service
line(s).
E.
Where curbing is used at the edge of a roadway, the hydrant shall
be set centered 24 inches from the face of the curb.
F.
Provisions shall be made at the time of installation for the proper
draining of the barrel when the hydrant is shut down.
A.
No person shall open, interfere with, tamper with, or draw water
from any fire hydrant in the Town without a permit issued by the CEO
in consultation with the Water Operator. Hydrants may be opened by,
or on the order of, any chief of a fire department or any fire commissioner.
B.
Whenever a hydrant has been opened and used, the Water Operator shall
be notified promptly.
C.
No tools or implements other than standard hydrant wrenches shall
be used to open or close a hydrant.
A.
Each service connection to a public water supply shall be protected
against the backflow of water or any potential contaminant from the
property served, or from any source of water available to such property,
into the public water supply. This protection shall be ensured by
the installation, at the sole cost and expense of the property owner,
of an approved air gap, reduced pressure zone device, double check
valve assembly, or equivalent protection device consistent with the
degree of hazard posed, as required by the NYS DOH and/or the Dutchess
County Department of Health, and as approved by the CEO and Water
Operator.
B.
Prior to installation of these safety devices, the property owner
shall submit plans and specifications to the Water Operator and Town
inspector, and to the Dutchess County Department of Health and/or
the NYS DOH, as required, for approval.
C.
The property owner shall have these protective devices inspected
and tested, at least annually, at his own cost and expense.
(1)
Such tests shall be conducted by a certified backflow prevention
device tester in accordance with NYS DOH and Dutchess County Department
of Health regulations.
(2)
Records and results of such tests shall be made available, and full,
complete, accurate, and legible copies of such test results shall
be provided by the property owner to the Water Operator for inspection
within one week of testing. Such records shall be maintained by the
property owner and by the Water Operator in the Town's records.
(3)
Should a protective device as specified in this section be found
to be defective, it shall be repaired or replaced at the sole expense
of the property owner within 10 days of discovery of such defect,
except in the case where a threat of contamination of the public water
supply may or does exist, whereupon repairs or replacement shall be
commenced within 48 hours and completed within five days; nothing
contained herein shall serve to impair other remedies, including shut-off
of water service, as provided in this chapter or elsewhere in the
Town Code or in other applicable laws. Records of all repairs, replacements,
and overhauls shall be maintained by the property owner and full,
complete, accurate, and legible copies shall be forwarded by the property
owner to the CEO and Water Operator within 10 days of discovery of
the defect, and such records shall be maintained in the Town records.
D.
No property owner or his/her/its tenant or occupant of the property,
nor any consumer/customer/user of the public water supply system,
once connected to the public water supply, may establish, use, or
connect to a separate source of water after the effective date of
this chapter. However, a property owner may apply to the Town Board
for a waiver of the ban on a separate source of water which existed
prior to the effective date of this chapter if the property owner
can justify, to the satisfaction of the Town Board, the need for a
separate source of water, and provided the Town Board, after a hearing,
finds that the use of such separate source of water does not pose
a hazard and meets the following conditions:
(1)
That the property owner tests the separate source of water for quality
and purity at least annually for compliance with NYS DOH standards.
(2)
That the property owner only use the separate source of water which
is properly developed, constructed, protected, and found to meet all
requirements of §§ 5-1.51 and 5-1.52 of 10 NYCRR (the
NYS DOH State Sanitary Code, Part 5 - Drinking Water Supplies, Subpart
5-1 - Public Water Systems) in effect at the time of testing, and
any other applicable provisions of said Part 5.
(3)
That the property owner file such written approvals and test results
annually with the NYS DOH, the Dutchess County Department of Health,
the Town CEO, and the Town Water Operator, which records shall be
maintained as part of the Town's records.
E.
No property owner, or his agents, or the tenants or occupants of
his property, or any consumer/customer of the public water supply,
shall make or maintain, or allow to be made or maintained, a cross-connection
between the public water supply piping system and any other piping
system connected to a separate source of water or auxiliary water
supply without the installation of an approved backflow prevention
device or approved air gap following the written approval of the CEO
and Water Operator and the written approval of the Town.
F.
Any installation, servicing, maintenance, testing, repair, replacement,
or modification of a backflow prevention device shall be performed
in accordance with the provisions of the applicable state, county
and Town plumbing codes, all applicable provisions of the NYS DOH
State Sanitary Code, the County of Dutchess Department of Health,
and this chapter.
G.
For the purpose of making inspections or in other ways discharging
the duties imposed by this chapter or by the NYS DOH State Sanitary
Code or by the Dutchess County Department of Health, the Town inspector,
the Water Operator, the Dutchess County Department of Health, and
the NYS DOH shall have access to the real property and the buildings
located thereon to which public water service is provided. Every property
owner, as a condition of the continued delivery of water from the
public water supply, shall be considered as having consented to entry
upon and into his/her/its property and buildings by the Town inspector,
the Water Operator, other authorized agents or representatives of
the Town, the Dutchess County Department of Health, and the NYS DOH
officials or representatives.
H.
The Town inspector and such other officers appointed by the Town
Board shall have full authority to enforce this chapter.
I.
In the event the Water Operator and/or the Town inspector shall discover,
be informed of, or suspect the malfunctioning of any cross-control
protection device or the creation or existence of a cross-connection
in violation of this chapter, or shall discover, be informed of, or
suspect either actual contamination or the potential threat of contamination
to the public water supply, each shall immediately give both verbal
and written notice to the Town Supervisor or, if the Town Supervisor
is not available, the Deputy Town Supervisor, or, if neither is available,
to another Town Board councilperson.
A.
No person or owner shall use any water supplied or furnished by the
Town or by a municipal water district to fill any swimming pool or
similar structure. It is hereby declared that all public water supplies
in the Town of Amenia are functioning for the sole purpose of supplying
potable water for domestic use within the building or residence supplied
and for fire protection purposes.
B.
The Town Board of the Town of Amenia may in times of water shortage
or emergency limit the amount of public water supplied to each owner
or building. The Town Board hereby expressly gives notice to all owners
of buildings or residences presently supplied by public water (or
to be supplied in the future) that said Town Board may, by resolution,
determine when such a water shortage or emergency exists. In case
of such emergency or water shortage, notice thereof will be given
by publication in the official Town newspaper. Said notice shall contain
the date when such shortage or emergency commenced, as well as the
restrictions on use of water necessitated thereby.
A.
Delivery of water from the public water supply system to any property/consumer
may be terminated by the CEO or Water Operator if any protective device
required by this chapter or by the NYS DOH State Sanitary Code and/or
the Dutchess County Department of Health has not been installed, inspected,
tested, properly maintained, repaired, or replaced, or is defective,
or has been removed, damaged, or bypassed, or is malfunctioning.
B.
Except as otherwise provided in this chapter, water delivery shall
not be terminated until 10 days' written notice of the intent
to so terminate service has been given by the CEO to the property
owner and any known tenants, or their respective agents, executors,
administrators or assignees, of the intended date of termination of
water service by either certified mail, return receipt requested,
and first class mail at their last addresses reflected in the Town's
records, or by securely affixing a copy of the notice upon a conspicuous
part of the main structure of the premises to which the water service
will be discontinued and by first class mail to the property owner
of record.
C.
Said notice to the property owner shall state the following:
(1)
The conditions and/or defects which must be corrected.
(2)
The manner in which the stated conditions or defects are to be corrected.
(3)
The date on which delivery of water will be terminated. Except as
otherwise provided in this chapter, such date shall be no fewer than
10 and no more than 60 days after the delivery of the notice.
D.
Delivery of water shall be terminated immediately, and termination
may be without any notice to the property owner and/or tenants, if
the Water Operator or the CEO or the Dutchess County Department of
Health or NYS DOH determines that:
(1)
The public water supply is being contaminated or may be in imminent
danger of contamination; or
(2)
A protective device required by this chapter has not been properly
installed, inspected, tested, properly maintained, repaired, or replaced
as required in this chapter, or is defective, or has been removed,
damaged, bypassed, or is malfunctioning.
E.
Once water service is terminated, delivery of water from the public
water system shall not be resumed until a protection device required
by this chapter and approved by the Water Operator has been properly
installed, inspected, and approved, as required by this chapter, and/or
until the conditions at the subject property in violation of this
chapter have been corrected to the satisfaction of the Water Operator
and the Dutchess County Department of Health and/or NYS DOH.
A.
Noncompliance with this chapter and any provisions thereof is declared
to be a violation punishable by a monetary fine not exceeding $250
for each violation, and/or imprisonment for a period not to exceed
15 days. Each day said violation continues shall constitute a separate
violation. Said fine and/or imprisonment shall be in addition to any
other charges, penalties, fees, and interest set forth in this chapter.
B.
The CEO is authorized to order, in writing, the remedying of any
condition or activity in violation of this chapter and may order,
without limitation, any cross-connection control measures and/or installations
and maintenance, repairs, or replacements to accomplish compliance
with this chapter. Upon finding that a violation exists of this chapter
exists, the CEO shall issue a notice of violation and compliance order.
C.
The notice of violation and compliance order shall:
(1)
Be in writing;
(2)
Be dated and signed by the CEO;
(3)
Specify the conduct, condition, or activity that violates this chapter;
(4)
Specify the provision or provisions of this chapter which are violated;
(5)
State the actions needed to be taken to cure the violation(s);
(6)
Specify the period of time within which such violation(s) must be
corrected or abated;
(7)
State the consequences for failure to correct or abate the conduct,
condition, or activity constituting the violation(s), and that an
action or proceeding to compel compliance may be instituted if compliance
is not achieved with the specified period of time.
D.
The CEO shall cause the notice of violation and compliance order,
or a copy thereof, to be served on the owner of the affected property
personally, or by certified mail, return receipt requested, or by
overnight delivery. The date of service shall be the date of personal
service or the date of mailing.
E.
The CEO is authorized to issue appearance tickets for any violation
of this chapter.
F.
The person in violation of this chapter shall, within the period
of time stated in the notice of violation and order to remedy, permanently
cease all violations and/or cure, abate, correct, and/or remove all
such violations, and shall effectuate such measures, maintenance,
and/or repairs necessary to cure all violations.
G.
If the violations are not timely, ceased, abated, corrected, and/or
removed within the time specified in the notice of violation and compliance
order, the CEO, in consultation with the Water Operator, may cause
the removal, and/or take any appropriate measures, and/or perform
maintenance or repairs to abate, cease, correct, and remove the violations.
Such actions may be performed by the CEO, the Water Operator, or their
respective designees or contractors. The property owner shall be responsible
to reimburse the Town for all costs incurred to affect the abatement,
correction, and/or removal of all violations, including maintenance,
repairs or other measures necessary. Such costs shall include reasonable
attorneys' fees, consultants' fees, and costs and disbursements.
In the event of failure to reimburse the Town for such costs, such
sums shall be charged against the real property which is the subject
of the violations by adding the costs to, and making them a part of,
the next water usage bill for the property.
H.
An action or proceeding may be instituted in the name of the Town
in any court of competent jurisdiction to prevent, restrain, enjoin,
correct, or abate any violation of, or to enforce any provision of,
this chapter or any conditions, requirements, or terms of any notice
of violation and compliance order issued by the CEO pursuant to any
provision of this chapter. No such action or proceeding shall be commenced
without the appropriate authorization of the Town Board.
I.
No remedy specified in this section shall be the exclusive remedy
or penalty available to address any violation described, and the same
shall be in addition to, and not in substitution for or limitation
of, the other remedies and/or penalties specified in this chapter
or in any other applicable law.
J.
Civil penalties.
(1)
In lieu of or in addition to any other penalty, any person found,
by a preponderance of the evidence, to have violated this chapter
shall be subject to a civil penalty not exceeding $100 for each violation.
(2)
Civil proceedings under this section may be brought by the Town Attorney,
at the request of the Town Board, in a court of competent jurisdiction.
(3)
Civil proceedings may also be brought to:
(a)
Secure injunctive relief.
(b)
Recover any expenses, including labor and materials, incurred
by the Town to remedy violations of the provisions of this chapter.
(c)
Achieve such other remedies as may be available under law or
equity to correct or remedy a violation or protect the interests of
the Town.
K.
No person shall interfere or tamper in any way with the meter or
meter accessories or the valves and fittings connected thereto. No
person shall use unmetered water. Any person violating this subsection
shall be subject to a civil fine in the sum of $1,000 as determined
and imposed by the person charged with the enforcement of this chapter
or by agreement of the parties. In addition, any person violating
this section shall be required to make restitution and payment to
the Water Operator in an amount to be determined by the Water Operator
to reimburse the Water Operator for service provided but not paid
for by any person violating this subsection for a period of up to
three years immediately preceding the discovery of the violation and
to further reimburse the Water Operator for any and all damages sustained
to the meter or meter accessories or the valves and fittings connected
thereto.
In the event that public water service has not been used by
a property owner or his/her/its tenant(s) for one year because no
building is present on the property or for any other reason, a new
connection fee must be paid by the property owner before water service
can resume. At the time of reintroduction of service, all service
lines shall be installed as required in this chapter to the satisfaction
of the CEO and the Water Operator. A permit must be obtained from
the CEO, and all lines and installations shall be inspected and approved
prior to reintroduction of service.
All property owners and consumers of water from the public water
supply, as a condition of receiving such water service, shall be deemed
to have consented to the entry of the Water Operator and Town inspector
and/or other duly authorized representatives of the Town, the NYS
DOH, and the Dutchess County Department of Health, upon and into his/her/its
property for the purpose of enforcing all provisions of this chapter.
The Water Operator and CEO, and any other duly authorized representative
of the Town, must show proper identification to the property owner
and/or occupants of the property upon request.
Any person who shall, except as permitted by this chapter, break,
damage, destroy, uncover, deface, alter, or tamper with any structure,
apparatus or equipment which is part of the public water supply system
shall be deemed to have violated this chapter. Any person who commits
or permits any acts in violation of any of the provisions of this
chapter shall be liable for the penalties, fees, fines, costs, and/or
charges provided in this chapter.
In addition to the remedies provided in this chapter or other
applicable law, the Town Board may cause water service to any property
where violations exist to be terminated after notice and in accordance
with the procedures required by law.
The provisions of this chapter are separable and, if any provision
or part thereof is held illegal, invalid, unconstitutional, or inapplicable
to any person or circumstance, such illegality, invalidity or unconstitutionality,
or inapplicability shall not affect or impair any of the remaining
provisions or parts of this chapter or their application to other
persons or circumstances. The Town Board hereby declares that it would
have passed this chapter, or the remainder thereof had such illegal,
invalid, or unconstitutional provision been apparent.
All ordinances, local laws, and parts thereof as shall be inconsistent
with this chapter are hereby repealed.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
section 27 of the Municipal Home Rule Law.
