County

City

of         CHAMPION                                                                                      

Town

Village

 

Local Law No.                2     of the year 2009

 

A local law     A Local Law Establishing Town of Champion Water District #5 Water Law

           

Be it enacted by                                Town Board                                        of the

(Name of Legislative Body)

County

City

of         Champion                                                                  as follows:

Town

Village

 

 

Section 1.  Title and Authority.  This local law shall be known as the “Town of Champion Water District #5 Water Law“

 

 

1:          Establishment of Rules, Definitions

 

              The following rules and regulations are established by the Supervisor and Town Board of the Town of Champion 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 Town.  The word "consumer" shall be used in these rules and regulations.  It shall mean the owner of the property.

 

1a:         Issuance of Bills; Quarterly Collection

 

               Water bills shall be issued quarterly.  Water bills shall be addressed to the tax billing address for the parcel.

 

1b:          Current Water and Connection Charges

 

                Water and connection charges may be changed by resolution passed by the Town Board of the Town of Champion.  All obligations of any nature due

the water district which remain unpaid as of October 31st of each year may be

charged by the Town as special assessments and collected as the same.

 

2:          Permits/Request for Service

 

             Application for water service from the street main to the curb stop where the shut-off valve will be located must be submitted forty-eight (48) hours prior to

commencing work.

 

3:          Taps

 

             A separate tap is to be required for each lot supplied with water.  However, the tap is the responsibility of the consumer and all costs will be borne by the consumer.  The Operation and Maintenance contractor will only oversee and inspect the tap process.  Tapping can only be done by an experienced contractor, which will be verified by the Operation and Maintenance contractor.

 

4:          Cost of installation

 

              There will be no charge for hook-ups performed during the initial construction of Champion Water District #5. Each initial connection will include

one (1) meter per property.  All subsequent hook-ups to the Town water lines inside or outside Champion Water District #5 from the main to the consumer property line/curb stop will be $400.00 plus the cost of the inspection by the Operation and Maintenance contractor.  The installation and materials of the service from the main to the consumer is the responsibility of the owner.

               The Operation and Maintenance Contractor at no expense to the consumer will perform repair of leaks from the main to the curb stop.

               The installation of the service from the curb stop must be borne by the consumer.

 

5:          Pipe Specifications

 

             The pipe from the curb stop to the consumer meter will be Type K copper with compression fittings.  The Operation and Maintenance contractor or the Town Board of the Town of Champion may revise such pipe specifications.

 

6:          Laying of Service Pipes & Notification to Operation and Maintenance

 

             Service pipes will be required to be laid not less than fifty-four (54) inches below the surface of the earth.  This applies to the established grade where it has been fixed.  No trench will be backfilled in any manner before a representative of the Operation and Maintenance Contractor makes inspection for leaks and clearances.

 

7:          Trench Openings and Backfilling

 

             The trench opening by the owner or contractor for tapping on to the service shutoff for the installation of the water line 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 Operation and Maintenance 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 (1) foot.  The remainder of the trench will be bank-run gravel, tamped every six (6) inches until the trench is backfilled to original grade.

 

 

8:          Maintenance of Service Pipes

 

          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 Town Board will result in the water being turned off until such time that satisfactory repairs are made.  The Operation and Maintenance Contractor will perform maintenance of the service pipe from the main to the curb stop.

 

9:          Backflow Preventors

 

             Where required by the New York State Department of Health Sanitary Code, Part 5, or local ordinance, a backflow preventor of a suitable type that is currently approved by the Health Department must be installed.

 

10:         Cross-connection Control

 

               No consumer is allowed any cross-connection from any other source of water under the rules and regulations, Part 5, of the NYS Department of Health.  When such cross-connections are found, the water from the Town water system will be turned off immediately to prevent contamination of the Town water system.  The consumer will disconnect the alternate source as required by Part 5 of the rules and regulations.

 

11-1:       Operation of Curb Stop Water Shutoff

 

                No curb stop will be operated by anyone except a representative of the Operation and Maintenance Contractor.

 

11-2:       Operation of Fire Hydrants

 

                No fire hydrant will be operated by anyone except a representative of the Operation and Maintenance Contractor or Fire Department for the purpose of fighting a fire or a planned fire fighter training exercise.

 

12:         Meters

 

A.   All water services except those used exclusively for fire purposes shall be metered.  Meters shall be obtained from the Operation and Maintenance Contractor and all municipal repairs and testing must be made by the Operation

and Maintenance Contractor.

 

B.   Residential and commercial water meters shall be furnished by the Operation and Maintenance Contractor at cost to the consumer and maintained by the Operation and Maintenance Contractor.  Damage to the meter not caused by the Operation and Maintenance Contractor is the responsibility of the homeowner, including cost for removal, repair, testing and replacement.

 

C. Meters shall be 5/8 x ¾ ECR Sensus Meter with remote 1000G meter read.  The consumer is responsible for purchasing the meter with remote after the initial construction.

 

 

13:         Testing and Repair of Meters

 

               The Operation and Maintenance Contractor shall conduct periodic tests on all meters so as to maintain the meter in proper working condition.  The Town

Board will pay all costs for routine testing and maintenance.  The consumer will pay all repair costs of meters and components broken.  The Town Board will have all meters larger than two (2) inches in size routinely tested every four (4) years or as needed.  The consumer will pay all costs of testing and repairing.

 

14:         Location of Meters

 

              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 from the Operation and Maintenance Contractor.  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 (2) inches and larger, a backflow preventor must be installed when connecting equipment or a building which has a potential of backfeeding contaminants into the system as determined under the Operation and Maintenance specifications. [All new, repaired or replaced services, two inches (2”) or larger, 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.

 

 

15:         Breaking of Seals

 

              All water meters, when set, shall be sealed to prevent tampering.  No person except an authorized employee of the Operation and Maintenance Contractor shall break such seals or tamper with said meter.

 

16:         Inspections

 

              Any employee of the Operation and Maintenance Contractor, upon proper identification, shall have the right to enter any premises where municipal water is being supplied for the purpose of inspecting, installing, removing or reading a meter, plumbing and fixtures of the water service and all work in connection with the service.

 

17:         Schedule of Charges

 

               In addition to any and all other fees and charges provided by law, every person who shall be supplied or whose property shall be supplied water by Champion Water District #5 shall pay water rent for the water supplied.  The rents shall be as follows:

 

A.   Inside Champion Water District #5 rates shall be as follows:

 

1)    Metered services

   

                        $4.50/KG of metered water and;

                        $105.00 quarterly flat rate per Equivalent Dwelling Unit (EDU)

                        

                     

2)    Unmetered parcels

                  

                        $105.00 quarterly flat rate for residential parcels per Equivalent

                        Dwelling Unit (EDU)

 

                        $25.00 quarterly flat rate for undeveloped parcels per Equivalent

                        Dwelling Unit (EDU)

 

 

              B.    The Champion Water District #5 rates may be changed by the

Board by resolution.

 

C.    Water bills which remain unpaid thirty (30) days after the billing

date shall have an additional 10% interest charge assessed on the balance due for the current quarter.  Bills that remain unpaid as of October 31st of each year may be charged by the Town as special assessments and collected as same.

 

               D.   Any property owner requesting that the water be either turned on or

                     off at the curb stop shall pay a fee of $25.00 for each request.

 

               E.  The Town Board is hereby authorized to terminate water service to   

                     any user of said service who has not paid all lawful charges within

                     60 days from the date due.

 

(1)    Notices – Water users who have failed or neglected to pay for charges incurred in the provision of water shall be served with a notice prior to termination of the service containing the following: (a) address of the premises; (b) a statement of the amount due for water service provided; (c) a statement that service may be terminated on a specified date; (d) a statement that the costs of provision of water will be assessed against the land or improvements on the particular tax parcel which has benefited from the water service.

 

G.   Service of Notice of Termination – The above notice shall be

served by mailing said notice by first class mail to the owner of the property, at his or her address.  Service shall be deemed complete upon such mailing.

 

H.   Reconnection Charge – If water service is restored to a parcel

after being disconnected pursuant to the terms of this local law, all unpaid charges, together with any interest and penalties must be paid before service is restored.  In addition thereto, a reconnection charge of $50.00 shall be imposed for all single or double residential structures.  Any and all other users shall pay a reconnection charge equal to one-third of the total of the bills of the just prior three months of full service.

 

18:         Liability

 

              In the event of an emergency, including but not limited to breaks in a water main, the Town shall not be liable for any damage which may result to any person or premises from the shutting off of the water from any main or service for any purpose whatever, even in cases where notification is not given.


 

19:         Fire Prevention Services; Costs

 

              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 of the consumer must give the Operation and Maintenance Contractor forty-eight (48) hours advance notice before commencing such testing or repairs.  The connection charges per billing shall be as adopted by the Town Board from time to time:

 

SCHEDULE

 

Type of Service Fee

 

Hydrants on private property

      Inside the District                                                $5.50

 

      Outside the District                                             $7.76

 

Sprinkler System

 

       (inches)

 

11/2 and 2                                                                   $  5.00

                4                                                                  $10.00

                6                                                                  $15.00

                8                                                                  $20.00

              10                                                                  $25.00

 

20:         Abandonment of Services

 

              When a building is torn down and the water service is no longer required to the property or properties, the owner of said property is required to excavate at the water main so that the abandoned water line can be disconnected from the water main.  The owner is responsible for refilling the excavation.

    If the employees of the operation and maintenance contractor shall do the actual disconnection then the owner will be responsible for any costs associated with disconnection by the operation and maintenance contractor, and/or if the owner hires a contractor to disconnect, the owner will pay the costs for the operation and maintenance contractor to inspect the disconnection.  Charges that remain unpaid as of October 31st of each year may be charged by the Town as special assessments and collected as same.

 

21:         Estimated Use

 

               If a meter fails to accurately record the amount of water used, the consumer will be charged at the average daily consumption, the average of the last 4 quarters.  The same practice shall be followed in the event that the meter

cannot be read.

 

 

22:         Responsibility For Water Rents

 

               The owner of any premises which is supplied with water shall be liable for charges of the water used or other expenses in connection with such water service.  When there are two (2) or more tenants occupying a property equipped with only one (1) meter, the water rent shall be billed and collected directly from the property owner and in no case from the tenant.

 

23:         Buildings With Multiple Meters

 

               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.  It shall be the responsibility of the owner to provide the readings if the meters are not accessible.

 

24:         Penalties For Offenses

 

              Any persons or person, firm or corporation violating any of the provisions of these rules, regulations and ordinances hereby enacted shall, upon conviction, be fined a minimum of twenty-five dollars ($25) and a maximum of two hundred fifty dollars ($250) or imprisoned in the county jail for not more than fifteen (15) days, or be both so fined and imprisoned, and further, these rules and regulations and ordinances may be enforced by injunction.

 

25:     Enlargement of Service

 

           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 cost of modification or replacement of the waterline will not be paid by the Water District.

 

 

26:         Repair and Maintenance of Lines; Costs

 

               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 Operation and Maintenance contractor.  If and when an employee of the Operation and Maintenance contractor is required to respond to turn off the water due to attempted repairs, either internal or external, the owner requesting the Operation and Maintenance employee to respond will be billed for the actual call out cost to the Town Board.  Charges that remain unpaid as of October 31st of each year may be charged by the Town as special assessments and collected as same.

 

27:        Filling of Swimming Pools

 

              No swimming pools shall be filled from any hydrant within the water district.          

 

 28:         Water Shortage Measures

 

              In the event of a major break in a water main or drought condition that deplete the Town water levels, the Town of Champion Town Board may order

a conservation of water declaration.  The Town Board will set times for the restriction.  The order prohibits the use of water to wash cars, driveways, homes water gardens, shrubs, flowers and the filling of pools, etc.

               The Town may have to issue a "boil water" advisory through the media, which could be caused by a major break, drought, or contamination of the water

supply. The "boil water" advisory will stay in effect until such time as the

Department of Health, through tests, has declared the water safe to use.

 

ADDENDUM

 

Table of Equivalent Dwelling Units

(EDU's)

Town of Champion

Water District No. 5

 

DESCRIPTION

EDU Assessment

Apartments:

1 Bedroom

2 Bedroom

3 Bedroom

 

0.5

0.75

1

Bowling Alley - per lane

0.2

Carwash

As determined by metered sales

Church

1

Factories

As determined by metered sales

Food Service:

Restaurant - per seat

Tavern-minimal food service-per seat

Mini Mart

 

As determined by metered sales

0.05

As determined by metered sales

Hair dresser /Barber

1

Hotel - per room

0.3

Laundromats - per machine

1.5

Mobile Home

1

Motels:

Per Living Unit

With Kitchen

 

0.25

0.40

Office Building - per square foot

0.001

Veterinary Clinic

As determined by metered sales

Dentist - per dentist

1

School

As determined by metered sales

Service Stations - per toilet

1

Shopping Center - per square foot

0.001

 

 

 

 

 

 Section 2 - Severability.   If any part of this Chapter shall be found to be void, voidable, or unenforceable for any reason whatsoever, it shall not affect the validity or enforceability of any remaining section or provision of this Chapter.

 

Section 3.  Effective Date.  This law shall be effective upon filing with the Secretary of State.