[HISTORY: Adopted by the Board of Trustees of the Village of Penn Yan 9-6-1993 by L.L. No. 4-1993. Amendments noted where applicable.]
The following rules and regulations are established by the Municipal Utilities Board of the Village of Penn Yan, and every person 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 Village. The word "consumer" shall be used in these rules and regulations. It shall mean the owner of the property.
Application for a water service pipe from the street main to the curb must be in writing. The application for the service must be submitted 48 hours prior to commencing work. A street opening permit must be issued from the Village office. All excavations and backfills necessary for the installation of said service pipe and tapping of the main is to be made by the consumer, who assumes all liability in case of damage of any kind which may arise during the progress of the work authorized by the permit or by reason thereof. Red signal lights, barricades, railings and all other necessary means of protection against accidents shall be provided by the applicant.
A separate tap is to be required for each lot supplied with water. This tap is to be made by an employee of the Municipal Utilities Board, with the cost to be borne by the consumer.
The entire cost of materials and installation shall be borne by the consumer. The installation of said service from the street main to the curb shall be made by the Municipal Utilities Board at the expense of the consumer. The installation of the service from the curb stop to the property must be done by the consumer.
[Amended 1-21-2014 by L.L. No. 5-2014]
All service pipes used to service residential homes and small commercial businesses (three-quarter-inch-through-two-inch inside diameter) from the water main to the curb stop shall be Type K copper. From the curb stop to the building shall be either Type K copper or 200 psi polyethylene (PE) CTS pipe. Tracer wire is required from the curb stop to the building for all PE service installations. Any service pipe shall be one continuous length, if 100 feet or less. In the event that the length of the pipe is over 100 feet, there shall be the minimum number of connections possible. Fittings on copper service shall be flare or compression type. Fittings on PE service shall be "Quick" compression type with stainless steel inserts. The service pipe used for large commercial businesses and industry, two-inch inside diameter or larger in diameter shall be ductile iron pipe from the water main to the curb valve or to the inside of the street planting strip. The service pipe from the curb valve or street planting strip to the building shall be ductile iron. All joints for ductile iron pipe shall be Tyton-type fittings.
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. A water service cannot be laid in the same trench with a sewer lateral and shall have a minimum of four feet horizontal clearance from any sewer lateral. No trench will be backfilled in any manner before inspection for leaks and clearances are made by a representative of the Municipal Utilities Board.
The trench opening by the owner or contractor for tapping of a water main or for the installation of the water lateral shall be of sufficient size and have the proper safety precaution to accommodate the work to be accomplished. The owner or contractor will make alterations to the opening as instructed by the Municipal Utilities Board representative. The backfilling of the trench will be made by the owner or the 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 backfilled to original grade.
The owner of the property into which water is supplied by a service pipe will be required to maintain in perfect order, at his own expense, said service pipe from the curb stop to his building. Failure to make necessary repairs after due notice, in writing, by the Municipal Utilities 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 Municipal Utilities Board.
[Amended 3-18-1997 by L.L. No. 1-1997]
Backflow prevention device. All new water service applications for commercial or industrial facilities are required to install an approved reduced-pressure zone backflow prevention device. All other applications for new service may require adequate backflow prevention devices if the Director of Public Works of the Village of Penn Yan deems that a potential hazard exists. The Director of Public Works of the Village of Penn Yan may, at any reasonable time, inspect any building in order to determine if a hazard exists due to an actual or potential cross-connection between the water system and any potential source of contamination. Such backflow prevention device shall be designed and installed in accordance with the regulations of the New York State Department of Health and must be approved by the Director of Public Works of the Village of Penn Yan prior to installation. All costs of installation and maintenance shall be borne by the property owner.
Cross-connection hazard. The following types of facilities are deemed to be especially likely to have cross-connection hazards.
Auxiliary water systems such as wells.
Chemical plants and plating facilities.
Hospitals, medical buildings, sanitariums, morgues and mortuaries.
Laundries and dye works.
Metal manufacturing, cleaning and fabricating plants.
Radioactive materials production or research plants.
Restricted, classified or other facilities closed to inspection.
Sewage and storm drain facilities.
Any other facility known to be hazardous to the Director of Public Works of the Village of Penn Yan.
Backflow device specifications.
The design of the backflow device installation must be done by a professional engineer, licensed by the State of New York, in accordance with the requirement of the New York State Education Law.
Only backflow devices approved by the New York State Health Department are acceptable for installation.
The backflow device installation system must be designed to meet the requirements of the Director of Public Works of the Village of Penn Yan and the requirements of the New York State Health Department. If any of the requirements of these two are in conflict with each other, the most stringent requirement shall govern.
Pit installations are acceptable. However, in the case of reduced-pressure zone devices, a pit installation is usually not feasible since a gravity drain must be provided. This gravity drain cannot be connected directly to a sewer. The backflow device cannot be subject to flooding,
If the water meter has a bypass line around it, the backflow device must be installed beyond the point that the meter bypass line is tied back into the service line.
Gate valves are to be installed on either side of the backflow device.
Two sets of preliminary plans, including an engineer's report and specifications, of the backflow device installation are to be sent to the Director of Public Works of the Village of Penn Yan for review prior to installation. Upon approval of the preliminary plans, five copies of the plans along with five copies of Form Gen 236, New York State Department of Health Application for Approval of Backflow Protection Device(s), shall be submitted to the Director of Public Works of the Village of Penn Yan for final approval.
The property owner shall arrange for all backflow prevention devices to be inspected and tested on an annual basis. A copy of the inspection and test report shall be forwarded to the Director of Public Works of the Village of Penn Yan within 30 days of completion of the inspection. The property owner shall maintain a copy of the inspection and test report for a minimum of five years from the date of inspection.
Fire protection systems. The engineer's report for the backflow protection system design must include a classification of the property's fire protection system using the information given below (from AWWA Manual No. M. 14). If the system is deemed to be hazardous, then a backflow prevention system must also be installed for the fire protection system.
Class 1: Direct connections from public water mains only; no pumps, tanks or reservoirs; no physical connection from other water supplies; no antifreeze or other additives of any kind; all sprinkler drains discharging to atmosphere, dry wells or other safe outlets.
Class 2: Same as Class 1, except that booster pumps may be installed in the connections from the street mains. (Booster pumps do not affect the potability of the system; however; it is necessary to avoid drafting so much water that pressure in the water main is reduced below 10 pounds per square inch.)
Class 3: Direct connections from public water supply main, plus one or more of the following: elevated storage tanks; fire pumps taking suction from aboveground covered reservoirs or tanks; and pressure tanks. (All storage facilities are filled or connected to public water only, the water in the tanks maintained in a potable condition. Otherwise, Class 3 systems are the same as Class 1.)
Class 4: Directly supplied from public mains similar to Classes 1 and 2, and with an auxiliary water supply on or available to the premises, or an auxiliary supply may be located within 1,700 feet of the pumper connection.
Class 5: Directly supplied from public mains and interconnected with auxiliary supplies, such as pumps taking suction from reservoirs exposed to contamination, or rivers and ponds; driven wells, mills or other industrial water systems; or where antifreeze or other additives are used.
Class 6: Combined industrial and fire protection systems supplied from public water mains only, with or without gravity storage or pump suction tanks.
Water shutoff. If the required backflow protection device is not installed within the period of time set by the Director of Public Works of the Village of Penn Yan, the supply of water to the premises may be shut off by the Director of Public Works of the Village of Penn Yan until the installation is completed.
Typical installation details and acceptable devices. The following are quoted from the New York State Department of Health Cross-Connection Control Guide, dated January, 1981. If a newer edition of the guide is available, then the information in the newer guide shall apply.
No curb stop will be operated by anyone except a representative of the Municipal Utilities Board.
[Added 4-11-2006 by L.L. No. 2-2006]
No premises, lot, building or structure shall be provided with Village water service unless the entirety of the lot upon which the building or structure is situated is located within the geographic territory of the Village of Penn Yan. Water service may be provided outside the Village in the following situations:
Service to a municipal water district by virtue of an intermunicipal agreement pursuant to the provisions of the General Municipal Law of the State of New York.
Service provided pursuant to an agreement to seek annexation or formation of a municipal water district, provided that such agreement contain a condition that such water service may be terminated in the event such annexation or formation of the municipal water district has not been completed within one year of the date of such agreement.
[Amended 8-18-2009 by L.L. No. 5-2009]
Water meters monitoring water service lines no larger than 3/4 inch inside diameter shall be furnished by the Village of Penn Yan to the owner of the property where the meter is to be installed. Penn Yan Municipal Utilities shall install such meter at no cost to the property owner. This shall apply to new service lines as well as replacement of water meters for other than situations involving tampering, neglect and/or vandalism.
Water meters monitoring water service lines greater than 3/4 inch inside diameter shall be purchased by the owner of the property where the meter is installed. Meters must be approved by authorized Municipal Utility Board personnel prior to purchase by the property owner. In the event that authorized Village personnel do not install the water meter, the installation shall be inspected by such personnel before the water service is activated.
All water meters shall be tested, maintained and replaced by authorized Municipal Utilities personnel.
In the event that evidence of tampering, neglect and/or vandalism of a water meter of any size is present, the owner of the property wherein the meter is installed shall be responsible for the cost to remove the old water meter, the cost of a replacement water meter the installation thereof and testing the new water meter or the cost to repair the existing water meter, if feasible.
All water service, except that used exclusively for fire-control purposes, shall be metered.
Editor's Note: Former § 198-13, Testing and repair of meters was repealed 8-18-2009 by L.L. No. 5-2009.
All water meters must be placed in an accessible part of the building or basement so that they may be read or removed. When placed in a pit, specifications for such a pit must be obtained at the Municipal Utilities Board office. Just inside of the basement or pit wall into which the service pipe extends, a shutoff valve must be placed ahead of the meter. On all water meters two inches and larger, a bypass must be installed under Board specifications. All new, repaired or replaced services will be required to have a Department of Health approved backflow prevention device after the water meters. All water meters must be in a heated environment to eliminate freezing.
All water meters, when set, shall be sealed to prevent tampering. No person except an authorized employee of the Municipal Utilities Board shall break such seals or tamper with said meter.
Any employee of the Municipal Utilities Board, 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 5-2-1994 by L.L. No. 2-1994; 8-15-1994 by L.L. No. 5-1994; 8-20-1996 by L.L. No. 6-1996; 7-15-1997 by L.L. No. 3-1997; 4-12-2005 by L.L. No. 2-2005; 10-11-2005 by Res. No. 23-2005; 5-9-2006 by Res. No. 22-2006; 3-15-2011 by L.L. No. 4-2011]
In order to ensure the continued functioning of the Water Department and the water treatment plant of the Village and to ensure their proper operation, repair and maintenance, the Village establishes herein a formula for fixing rates for the use of potable water provided by the Village of Penn Yan.
With the exception of consumers of Village water pursuant to a contract between the Village of Penn Yan and any other town, village or special district, the following provisions shall be applicable for computation of rates for water consumption by customers of the Village water system.
In addition to any and all other fees and charges provided by law, regulation or resolution every person who shall be supplied or whose property shall be supplied with water by the Village of Penn Yan shall be billed monthly at rates pursuant to the following formula: monthly TUC = [(FUC x EDU) + (VUC x number of gallons consumed divided by 1,000)] divided by 12.
The components of the formula are:
Total user cost (TUC) is the monthly amount of the customer's water bill.
Fixed user cost (FUC), computed as the annual costs of all indebtedness related to the operation of the Penn Yan Municipal water system, divided by the total number of EDUs.
Equivalent dwelling units (EDU) is a factor representing the customer's premises as set out in the EDU documents filed with the Village Clerk and adopted or amended by resolution after public hearing and upon five days' notice posted and published.
Variable user cost (VUC), computed as the total of the annual operating and maintenance costs related to the operation of the Penn Yan Municipal water system, divided by the anticipated annual water production and expressed as a cost per 1,000 gallons.
Customers outside the Village limits will be billed monthly at 1 1/2 times the costs at which a similarly categorized water customer within the Village would be billed.
Editor’s Note: This local law provided that it would be effective for sewer rent consumption readings taken after May 25, 2011.
In the event of an emergency, including but not limited to breaks in a water main, the Village 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 purpose whatever, even in cases where notification is not given.
Where on-premises fire prevention services are permitted, the entire cost of materials, installation and maintenance of the service from the main to the premises and within the limits of the premises shall be borne by the consumer. The consumer will pay a connection charge as listed. Failure to make proper repairs of the system, after due notice, will result in the water being turned off. When the consumer or a representative of the consumer desires to make flow tests or to make repairs to the fire service system, except in emergencies, the consumer or the representative must give the Municipal Utilities Board 48 hours' advance notice before commencing such testing or repairs. The connection charges per billing shall be as adopted by the Municipal Utilities Board from time to time:
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, at the owner's expense, so that the abandoned water line can be disconnected from the water main. The municipal employees shall do the actual disconnection. The owner is responsible for refilling the excavation.
If a meter fails to accurately record the amount of water used, the consumer will be charged at the average daily consumption from the date service was last installed, at the consumption rate during corresponding period of the previous year, if available. The same practice shall be followed in the event that the meter cannot be read.
[Added 4-12-2005 by L.L. No. 2-2005]
The penalty for payments received subsequent to the due date thereof shall be 1.5% per month of the net amount of the water rent due. Such late charge shall apply to all water rent billings.
[Amended 8-18-2015 by L.L. No. 8-2015]
The owner of any premises, which premises is or may be, supplied with water through the Village municipal water supply system by a water main or pipeline contiguous to those premises, shall be liable for charges related to such water service, computed as provided in this chapter.
With respect to rental premises for which the owner of the premises consents to the tenant having the water rent account in the tenant's name, the account may be entered in the name of tenant and such account shall be managed pursuant to § 198-22 hereof.
Only rental units with separately metered water service may have water rent billed to a tenant.
[Amended 8-18-2015 by L.L. No. 8-2015]
Water rent is due within 15 days of the date of the invoice for such water rent. Water rent not paid within such fifteen-day period becomes past due, without further notice and subject to a late payment penalty of 1.5% per month computed from the past due date. Any water rent which becomes 20 days past due, i.e., not paid within 35 days of the date of the invoice, causes the water rent account to be subject to a service shutoff warning notice. Water service shutoff due to nonpayment of water rent may occur at any time subsequent to 50 days after the date of the water rent invoice, without further notice.
The Village Clerk/Treasurer is authorized to enter into "payment agreements" with water service customers, including tenants, with respect to unpaid water rent bills, upon such terms as are determined in the sole discretion of the Village Clerk/Treasurer.
In the event that water service is discontinued by shutoff due to unpaid water rent, a reconnect fee may be imposed, the amount of which shall be determined by resolution duly adopted by the Board of Trustees, upon recommendation of the Municipal Utilities Board.
An applicant for water service may be denied such service in the event that said applicant has any past due water rent for any other premises receiving water service from the Penn Yan Municipal Water system.
Upon billing for water rent, such water rent levied pursuant to this chapter shall become a lien upon the real property which benefited from such water service. Any such lien shall be prior to and superior to any other lien upon the property with the exception of real property taxes.
In April of each year the Board of Trustees shall certify, by motion duly made and adopted, a list upon which is set out the names, addresses and Tax Map identification numbers of the owners of real property who, as of January 10 of that year are and continue to be delinquent in payment of water rent, together with the amount of such delinquent water rent. The Village Treasurer shall set out on the Village tax roll the name and address of the owner of the real property liable for general Village taxes, including the amount of delinquent water rent which constitutes a new principal sum and shall thereafter, as such new principal sum, be payable, collectible and enforceable in the same manner and at the same time provided by law for the payment, collection and enforcement of the Village taxes for the subject real property.
In any building with multiple meters, there shall be a main water shutoff just inside the wall and individual shutoffs for each meter in the building.
Any person or persons, firm or corporation violating any of the provisions of these rules, regulations and ordinances hereby enacted shall, upon conviction, be fined a minimum of $25 and a maximum of $250 or imprisoned in the County jail for not more than 15 days, or be both so fined and imprisoned, and further, these rules and regulations and ordinances may be enforced by injunction.
When a property owner or tenant requires more water than the existing water pipe can deliver, it is the responsibility of the property owner to pay the cost of the enlargement of said waterline from the water main to the building. The enlargement of the waterline will be considered the same as a new water service.
No person or contractor will attempt to dig up or repair any waterline prior to the service meter valve at any time other than during the normal working hours of the employees of the Municipal Utilities Board. If and when an employee of the Municipal Utilities Board is required to respond to turn off the water due to attempted repairs, either internal or external, the owner or the tenant requesting the Municipal Utilities Board employee to respond will be billed for the actual call out cost to the Municipal Utilities Board. If the owner does not pay the call out cost, the amount billed will be placed on the tax rolls. If the tenant does not pay the call out, the water will be turned off until such time as payment has been made, either by the owner or the tenant.
Any new customer that resides outside the limits of the Village of Penn Yan who requests water service from an existing line will be required to make a deposit, prior to receiving service. This deposit shall be the higher of $50 or the projected estimate of the highest bimonthly bill in the 12 months of future use as estimated by the Director of Public Works or his designee. A deposit shall not be required if the customer has established a continuous record of on-time payment for water service with the Penn Yan Municipal Utilities Board over the immediately preceding two-year period.
The Penn Yan Municipal Utilities Board shall deposit such funds for a two-year period or to such time that a continuous two-year record of on-time payment has been established by the customer making the deposit, whichever is longer.
The deposits are returnable only to the person whose signature is of record as having made the deposit or the duly authorized representative of same. Such deposit, less any amount owing to the Penn Yan Municipal Utilities Board for water service, shall be returned to the customer by crediting the first billing following the above-described deposit period, or on the last bill rendered, whichever is sooner.
Said deposit shall not destroy or impale or effect any right of the Penn Yan Municipal Utilities Board to terminate the service agreement or discontinue service as herein provided. Said deposit shall deem as security for the payment of unpaid bills or other claims of the Penn Yan Municipal Utilities Board against the customer upon termination of service.
Any person, firm or corporation who has paid his or its utility bill by check and the check has been returned for insufficient funds will be required to pay a fee as set by the Municipal Utilities Board. The customer's service will be turned off for nonpayment. The customer will be required to pay the reconnection charge, the returned check fee and the utility bill in cash, money order or bank certified check before the service is reconnected. If the customer in question has a record of checks being returned for insufficient funds, he will be required to pay all future bills in cash, money order or certified check.