Chapter 287

Chapter 287

WATER

[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia as indicated in article histories. Amendments noted where applicable.]  

GENERAL REFERENCES

 Plumbing Board — See Ch. 55.

 Fire prevention and building construction — See Ch. 151.

 Flood damage prevention — See Ch. 155.

 Housing standards — See Ch. 179.

 Sewers — See Ch. 237.

 Solid Waste — See Ch. 253.

 Fees — See Ch. A312.

  

ARTICLE I

Use Regulations; Rates

[Adopted 7-12-1940]

  • 287-1. Application for water service; changes in service. [1]

     A. All persons desiring a water supply from the waterworks must first make application at the office of the Superintendent of Water stating the several and various uses for which water is wanted and the name of the plumber selected by the owner. Such application must be signed by the owner of the premises or his authorized agent, whereupon a permit will be issued to such plumber specifying the particular uses applied for.

     B. When thereafter any other use of water or addition of service pipe or plumbing fixture or the discontinuance of any particular use is desired, a further application must be made, as aforesaid, and all expenses attending the introduction of water to any premises, except for tapping, must be paid by the applicant; but in case the trench is not ready when the tapper is called for, each additional trip required to be made by him will be charged for at the rate as set by resolution of the Board of Trustees. [Amended 12-9-1996 by L.L. No. 8-1996]

     C. The plumber so designated by the owner and to whom a permit is issued by the Board of Water Commissioners will not be recognized as, in any sense, the agent of the Village, and the Village will not hold itself responsible for the acts of such plumber.

  • 287-2. Tapping of water mains.

The tapping of a water main will only be permitted under the immediate direction of the Superintendent appointed by the Board of Water Commissioners, who will also determine the size of the tap to be inserted and furnish the same at the expense of the applicant, to be paid for on delivery. 

  • 287-3. Type of pipe to be used; inspection.

Plumbers, when making connection with the tapped main to the curb, must use pipe of the following description or a flexible pipe of equal strength, namely: A.A.A. Brooklyn Gauge or five-bar composite, and the trench must not be refilled until the work has been inspected and approved by some authorized agent of the Waterworks Department. 

  • 287-4. Method of making connections.

     A. No plumber shall be allowed to make any attachment or alteration in any pipe by which water is supplied to consumers or to open the street for the introduction of service pipe without a written permit from the Superintendent of the Waterworks, and if the work embraced in such permit is not completed and a return made within four weeks from the date of the permit, the permit may be canceled but may be renewed on written request of the owner of the premises. Whenever any street or public ground shall be opened for making a connection or for the laying of any water pipe or fixture, public safety and convenience shall be duly regarded, and the backfilling shall be thoroughly settled with rammers and the pavement, if any, replaced within 24 hours from the time the connection is made. In case plumbers are allowed to open the whole service trench at once, they shall be required to furnish and put in place such number of bridges over such trench as may be required for the safety and convenience of the public, and in case it is left open overnight, it shall be properly guarded with barricades and lights in full compliance with all Village ordinances.

     B. All curb cocks must have round waterways with nut-and-washer bottoms and of such pattern as may be adopted by the Board of Water Commissioners, and no other pattern shall be followed.

     C. No plumber shall leave the curb cock open and the water on the premises after making any new connection with the street mains or after making any new extension or attachment in unoccupied premises, in which case bills accrue from the date of turn-on, but in any case where the work is a simple extension or additional attachment in places where the water is then in use, the plumber may leave the water on the premises and the owner will be charged for the addition from the date of permit.

     D. In all cases where boilers are supplied, a suitable safety or vacuum valve must be applied to prevent damage from collapsing or otherwise when the water is shut off from the mains. It is in all cases understood that the Village will not be liable for any damage which may result to consumers from the shutting off of a water main or service for any purpose whatever, even in cases where no notice is given, and no deduction from water bills will be made in consequence thereof.

  • 287-5. Opening and interfering with fire hydrants.

No person shall open or interfere with the hydrants of the Village without permission of the Water Commissioners or the Superintendent and, in case of an alarm of fire or for the practice of the Fire Department, the Chief Engineer of such department or some person authorized by him. 

  • 287-6. Additional regulations regarding water connections.

     A. Persons taking water will do so at their own expense and must keep their own water pipes and all fixtures connected therewith in good repair and protected from frost at their own expense and prevent all unnecessary waste of water. They must provide a stop- and waste cock properly located inside the building and have the pipes so arranged that the water can be drawn off from them whenever and wherever there is danger of freezing.

     B. No hydrant, gooseneck, hosebib or hose attachment shall be placed in any yard or area of any premises so situated as to be accessible to persons living in or occupying neighboring premises; and no water consumer will be allowed to supply water to others, except by special permit from the Superintendent of Water, and if found doing so without a permit, the supply will be stopped and water rent already paid forfeited.

     C. The officers of the waterworks, their agents and assistants may enter the premises of any water consumer at any reasonable time to examine the pipes and fixtures, the quantity of water used or the manner of its use; and in case of fraudulent representations on the part of the water consumer or unnecessary waste of water, the payment will be forfeited and the supply of water stopped.

     D. Standpipes are only intended for fire protection for which no charge will be made for the water thus used, but all such pipes must be provided with a valve at the bottom of the pipe where the water is let on, the same to be sealed by an agent of the Water Commissioners; and if such a seal be broken for any other purpose than the extinguishment of a fire or any tap introduced into such standpipe, the party so offending shall be subject to a penalty as set forth in § 287-13. No standpipe will be allowed in premises where the water is not taken for other than fire purposes. [Amended 12-9-1996 by L.L. No. 8-1996]

     E. In case of fire or an alarm of fire or in making repairs or constructing new work, the Superintendent of Water reserves the right to shut off the water at once and keep it shut off as long as may be necessary.

     F. Permission will not be granted to supply two or more buildings or dwellings from a single tap, except the services shall be divided at the curb and run from separate curb cocks therefor.

     G. Plumbers will take notice that in all cases, on services of any class whatever, curb cocks and boxes of approved patterns are to be set at the curbline, and such other curb cocks and boxes are to be set on services as may be required by the exigencies of the Commissioners.

     H. Service pipes attached to the waterworks shall in all cases have a depth of earth covering them in the street, gutters and all other places of not less than 4 1/2 feet measured from the established or contemplated grade line of the street or natural surface of the ground, except in any location where the officers of the waterworks shall direct that special construction for protection be made.

  • 287-7. Authority to limit water services.

The Board of Water Commissioners reserves the right to limit the amount of water furnished to any consumer should the circumstances seem to warrant such action, although no limit is expressed in the application or permit for such use, or to entirely cut off the use for any manufacturing purpose or for any use or for supplying power, at any time, by giving reasonable notice to the consumer of such intended action. 

  • 287-8. Rates for metered service within Village. [Amended 5-10-1971; 4-28-1975 by L.L. No. 3-1975; 4-27-1981 by L.L. No. 3-1981; 5-10-1982 by L.L. No. 2-1982; 2-10-1986 by L.L. No. 2-1986; 5-22-1989 by L.L. No. 2-1989; 5-11-1992 by L.L. No. 3-1992; 5-28-1996 by L.L. No. 4-1996]

     A. For water supplied by the Village of Fredonia from and after June 1, 2017, and for each quarterly period thereafter, the following rates are hereby fixed and shall be collected on all water metered service within the Village of Fredonia: a minimum charge of $25, plus from 1,000 gallons to 100,000 gallons at the rate of $4.80 per 1,000 gallons consumption, plus over 100,000 gallons at a rate of $4.75 per 1,000 gallons consumption. Note: Water rates to the Town of Pomfret and Town of Dunkirk Water Districts or other outside-of-Village water customers shall be increased accordingly as provided by the contracts with the Village of Fredonia and such outside water customer. [Amended 4-10-2000 by L.L. No. 6-2000; 4-14-2003 by L.L. No. 5-2003; 5-23-2005 by L.L. No. 2-2005; 5-27-2008 by L.L. No. 2-2008; 6-8-2009 by L.L. No. 3-2009; 6-14-2010 by L.L. No. 2-2010; 7-25-2011 by L.L. No. 2-2011; 5-14-2012 by L.L. No. 2-2012; 5-13-2013 by L.L. No. 3-2013; 5-21-2014 by L.L. No. 4-2014; 5-26-2015 by L.L. No. 1-2015; 5-23-2016 by L.L. No. 1-2016; 5-22-2017 by L.L. No. 1-2017]

     B. These rates shall not apply to the State University of New York which pays for water used under contract with the Village of Fredonia and any other municipal subdivision of the State of New York which pays for water used under contract with the Village of Fredonia.

     C. Consumption shall be determined by actual meter readings which will be taken at least semiannually where practicable and may be otherwise estimated by the Village based upon prior water metered consumptions or other reasonable method.

  • 287-9. Rates for metered service outside Village. [Amended 5-10-1971; 4-28-1975 by L.L. No. 3-1975; 4-27-1981 by L.L. No. 3-1981; 5-10-1982 by L.L. No. 2-1982; 2-10-1986 by L.L. No. 2-1986; 5-22-1989 by L.L. No. 2-1989; 5-11-1992 by L.L. No. 3-1992; 5-28-1996 by L.L. No. 4-1996; 9-13-1999 by L.L. No. 6-1999]

     A. Residential user. For water supplied by the Village of Fredonia from and after the beginning of the next billing period after September 1, 1999, and for each quarterly period thereafter for every metered residential user outside the Village of Fredonia and not within a water district, the rate is hereby fixed and shall be collected on every such user at a rate which shall be twice the rate charged to residential water customers within the Village of Fredonia.

     B. Commercial user. For water supplied by the Village of Fredonia from and after the beginning of the next billing period after September 1, 1999, and for each quarterly period thereafter for every metered commercial user outside the Village of Fredonia and not within a water district, the rate is hereby fixed and shall be collected on every such user at a rate which shall be three times the rate charged to commercial water customers within the Village of Fredonia.

     C. The rates set forth above in Subsections A and B of this section shall not affect any provisions of the Town of Pomfret Special Water Districts which pay for water under agreement with the Village of Fredonia.

  • 287-10. Water meters.

     A. Each and every water service from the Village water system will be rendered only through water meters to be owned and leased by the Village of Fredonia under the rules, regulations and rates, as herein provided.

     B. Suitable water meters will be supplied by the Village of Fredonia upon written application of any property owner desiring service as follows:

          (1)    To each householder or owner of a business place applying for service and requiring a meter not exceeding 5/8 inch in diameter, a meter will be leased upon payment to the Village of Fredonia of an amount equal to the cost to the Village for the purchase of said meter. The entire cost of installation of the meter shall be borne by said householder or owner. [Amended 5-11-1992 by L.L. No. 4-1992] 

          (2)    To each business and commercial user requiring meters of a larger size than 5/8 inch in diameter, a meter will be leased upon payment to the Village of Fredonia of an amount equal to the cost to the Village for the purchase of said meter. The entire cost of installation of the meter shall be borne by said business or commercial user. [Amended 5-11-1992 by L.L. No. 4-1992] 

          (3)    Each and every meter shall remain the property of the Village of Fredonia at all times and shall be under the direction of the Superintendent of Water of the Village in a suitable place to be provided by the lessee at a height of not less than three feet nor more than six feet from the floor so as to be conveniently reached and read and where it will be secure from the freezing in the winter time. 

          (4)    (Reserved)[2] 

          (5)    Those water users who have made a water meter deposit with the Village of Fredonia prior to the date of the adoption of this Article shall receive a refund of such deposit in the amount as shown on Village records, said refund to be given by a credit against said user’s water bill. Simultaneously with said credit, such user shall be charged a one-time rental charge for use of the Village meter which shall be equivalent to the deposit previously made for said meter. [Amended 5-11-1992 by L.L. No. 4-1992] 

          (6)    Repair, replacement, testing and calibration of water meters. [Added 5-11-1992 by L.L. No. 4-1992; amended 11-22-1999]  

               (a)     Commercial meters. The Village of Fredonia shall, at all times, have the right to replace, repair, test and calibrate any commercial water meters within or outside of the Village of Fredonia, and the owner of the premises served by the Village water shall be liable for the cost thereof. The Village may charge any such cost separately to the customer or place the same on the customer’s water billing.  

               (b)     Residential meters. The Village of Fredonia shall, at all times, have the right to replace, repair, test and calibrate any residential water meters within or outside of the Village of Fredonia. The Village of Fredonia shall bear the cost of such replacement, repair, testing or calibration unless caused by the neglect of the owner of the premises.       

  • 287-11. Schedule of reading meters; payment of water rentals; penalties for late payments. [Amended 4-28-1975 by L.L. No. 3-1975; 4-27-1981 by L.L. No. 3-1981]

     A. For Zone 1, as defined by resolution of the Board of Trustees, water meters shall be read quarterly during the months of February, May, August and November for water supplied during each preceding quarter, and water rents shall be payable quarterly within 30 days from the date of billing.

     B. For Zone 2, as defined by resolution of the Board of Trustees, water meters shall be read quarterly during the months of March, June, September and December for water supplied during each preceding quarter, and water rents shall be payable quarterly within 30 days from the date of billing.

     C. For Zone 3, as defined by resolution of the Board of Trustees, water meters shall be read quarterly during the months of April, July, October and January, and water rents shall be payable quarterly within 30 days from the date of billing.

     D. The date of billing shall mean the date in which water bills are prepared for mailing.

     E. Payments for such quarterly periods shall be received without additional fee or penalty until 30 days after the date of billing; thereafter, a penalty of 10% will be added to the amount of water rental due for the preceding quarter. When rentals remain unpaid after the expiration of two months from the billing date, the Board of Trustees shall have the authority and may direct the proper officer to shut off the water supply from the premises or property for arrears.

     F. Water rentals shall be payable at the office of the Receiver of Taxes of the Village of Fredonia.

     G. Monthly billings. The Village of Fredonia shall have the option, as it may from time to time determine by resolution, to bill users of Village water on a monthly basis, provided that the user has consumed at least 1,250,000 gallons of water per year as determined by water consumed by the user as measured by the Village meter readings for the immediate previous four quarterly periods prior to the start of the monthly billings. This article shall also apply to the regular sewer rental billings as set forth in Chapter 237, Sewers, Article II, as amended to date. [Added 7-12-1982 by L.L. No. 4-1982]

  • 287-12. Establishment of water rents. [Added 9-13-1999 by L.L. No. 6-1999[3]]

In addition to the powers granted under the Charter of the Village of Fredonia, the Board of Trustees of the Village of Fredonia shall have the power and the responsibility set forth in § 11-1118 of the Village Law of the State of New York, including but not limited to the power and duty to levy unpaid water rentals or charges upon the real property in default which is supplied Village water. 

  • 287-13. Disconnections and repairs. [Added 9-13-1999 by L.L. No. 6-1999[4]]

     A. Disconnections. The Board of Trustees may authorize and order the repair and/or disconnection of water service to any water consumer of the Village of Fredonia as follows:

          (1)    In the event that any water rental (bill) remains unpaid after the expiration of two months from the billing date, disconnection shall be made after 30 days’ written notice by the Village Streets Superintendent or his designee. 

          (2)    In the event of a water leak or break in the service line between the Village water main and the water meter or in any water pipe within a customer’s building or premises, disconnection shall be made after 10 days’ written notice by the Village Streets Superintendent or his designee; or, in case the Streets Superintendent shall determine that a large amount of water is being lost or that there is a danger to life or property due to the loss of water, the Village Streets Superintendent or his designee is hereby authorized to make an immediate disconnection of water service. The property owner shall be responsible for all costs relating to the disconnection, including Village labor.   

     B. Repairs. The Board of Trustees may authorize the Village Streets Superintendent (Streets Commissioner) or his designee to order the property owner to repair the water service line from the Village water main that may be broken or leaking water by giving at least 10 days’ prior written notice to the property owner to make such repairs; said 10 days’ prior written notice may be reduced or dispensed with where the Streets Superintendent determines that a large amount of water is being lost or determines there is a danger to life or property due to the loss of water. In the event that the property owner fails to repair the water service line, the Board of Trustees shall have the power and authority to discontinue water service as set forth in Subsection A(2) of this section or to cause the necessary repairs to be made, and the actual expense thereof, including all labor and materials used in completing the repairs, shall be assessed upon the premises serviced by the waterline and shall be a lien upon said premises, and the same shall be collected in the same manner as Village taxes.

     C. Written notice. Any written notice required by this section shall be deemed sufficient if addressed to any one of the property owners appearing on the Town of Pomfret assessment roll and mailed by certified mail or by personal delivery of said notice to the owner. Service by mail shall be deemed complete upon mailing.

     D. Any provision of § 11-1112 of the Village Law or other local law or ordinance of the Village of Fredonia to the extent inconsistent herewith is expressly superseded by this section.  

  • 287-13.1. Penalties for offenses. [Amended 12-9-1996 by L.L. No. 8-1996]

Whoever violates any of the provisions of this article shall be fined in any amount not more than $250 or be imprisoned for not more than 15 days, or both, for each offense. Each day that such violation occurs or continues shall be considered a separate offense.  

ARTICLE II

Protection of Public Water Supply

[Adopted 6-23-1952]

  • 287-14. Applicability.

The following rules and regulations, enacted in accordance with the provisions of §§ 70, 71 and 73 of Chapter 45 of the Consolidated Laws (Public Health Law), as finally amended by Chapter 391 of the Laws of 1933,[5] shall apply to all natural and artificial reservoirs which serve as sources of the public water supply of the Village of Fredonia, Chautauqua County, New York and to all watercourses tributary thereto or ultimately discharging into such reservoirs. 

  • 287-15. Definitions.

As used in this Article, the following words shall have the meanings indicated: 

HUMAN EXCRETA — Feces, urine and other excretions commonly disposed of by the so-called dry system as typified by the ordinary privy.  

LINEAR DISTANCE OF A STRUCTURE OR OBJECT FROM A RESERVOIR OR WATERCOURSE — The shortest horizontal distance from the nearest point of the structure or object to the high-water mark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.  

RESERVOIR — Any natural or artificially impounded body of water on the west branch of Canadaway Creek and tributaries thereto serving as sources of water supply to the Village of Fredonia, and shall include any additional reservoir which may be constructed or used for such water supply.  

SEWAGE — Waste liquids containing human excreta and decomposing matter flowing or from a house drainage system or sewer.  

WATERCOURSE — Every spring, pond (other than reservoirs), stream, marsh or channel of any kind on the west branch of Canadaway Creek and tributaries thereto, the waters of which flow or may flow into this water supply.  

WATER SUPPLY — The public water supply of the Village of Fredonia.  

  • 287-16. Deposit of human excreta.

     A. No human excreta shall be deposited, thrown or placed or allowed to escape into any reservoir or watercourse.

     B. No human excreta shall be placed or spread upon the surface of the ground at any point on the watershed of the water supply.

     C. No human excreta shall be buried in the soil on the watershed of the water supply unless deposited in trenches or pits at a distance of not less than 200 feet from any reservoir or at a distance of not less than 100 feet from any watercourse and covered with 12 inches of soil in such a manner as to effectually prevent its being washed over the surface of the ground by rain or melting snow.

  • 287-17. Location of privies and receptacles; maintenance.

     A. No privy or receptacle of any kind for the storage or deposit of human excreta shall be constructed, placed, maintained or allowed to remain within 100 feet of any reservoir or within 50 feet of any watercourse, except a properly constructed and operated sewage disposal plant, as hereinafter set forth in § 287-18; provided, however, that the property on which the privy or receptacle is built or is to be built is so located, bounded or otherwise placed that the distances above-named can be obtained within the limits of such property.

     B. Every privy or receptacle of any kind for the storage or deposit of human excreta built or to be built on property which is so located, bounded or otherwise placed that the distances named in Subsection A cannot be obtained shall be placed as far as possible from any reservoir or watercourse and especially constructed of masonry, concrete or metal to form a watertight receptacle from which no outward percolation can take place. Where removable watertight containers are provided, they shall be located as far as practicable from any reservoir or watercourse. All privies or receptacles referred to in this Article shall be constructed or installed only with the approval of the Board of Trustees of the Village of Fredonia and in such manner as effectually to prevent any pollution of the public water supply.

     C. Every privy or receptacle for the storage or deposit of human excreta located within the distances of 100 feet and 200 feet of any reservoir or between 50 feet and 100 feet of any watercourse shall be arranged so that all excreta will be received in a suitable watertight receptacle or removable container which shall be emptied when filled within six inches of the top. The contents, if disposed of on the watershed, shall be buried as set forth in § 287-16C.

     D. Whenever, in the opinion of the State Commissioner of Health, excremental matter from any privy, receptacle, trench or place of disposal may be washed over the surface of the ground or through the soil in an imperfectly purified condition into any reservoir or watercourse, said privy, receptacle, trench or place of disposal shall be removed, after due notice to the owner thereof, to such place as shall be considered safe and proper by the State Commissioner of Health.

  • 287-18. Discharge of sewage.

No sewage shall be discharged or allowed to flow into any reservoir or watercourse nor deposited on or beneath the surface of the ground within 300 feet of any reservoir or within 200 feet of any watercourse, except in watertight sewers and sewer appurtenances constructed or installed with the approval and under the supervision of the Board of Trustees of the Village of Fredonia. These restrictions and limiting distances shall not apply to sewage treatment plants installed under and in accordance with plans which first have been submitted to and approved by the State Commissioner of Health. 

  • 287-19. Discharge of bath water and other polluted liquids.

No bathwater, sink or laundry wastes or polluted liquid of any kind shall be discharged or allowed to flow into any reservoir or watercourse nor be deposited on or beneath the surface of the ground within 100 feet of any reservoir or within 50 feet of any watercourse. 

  • 287-20. Garbage and refuse.

No garbage, refuse, putrescible matter, decayed fruits or vegetables, dead animals or parts thereof or any other matter that pollutes water shall be deposited in any reservoir or watercourse nor on or beneath the surface of the ground within 100 feet of any reservoir nor in such manner that it can be washed by rain, melting snow or otherwise over the surface of the ground into any reservoir or watercourse. 

  • 287-21. Bathing, boating and fishing.

     A. No person or persons shall bathe or swim or be allowed to bathe or swim in any reservoir.

     B. No boating or fishing of any kind, ice cutting or any trespassing whatever shall be allowed in or upon the waters or ice of any reservoir, except by duly authorized employees of the Village of Fredonia in the performance of their duties of supervision and maintenance of the water supply.

  • 287-22. Location restrictions on animals and manure piles.

     A. No animal or poultry shall be allowed to stand, wade, wallow or swim nor be washed or watered in any reservoir, and no watering place shall be maintained in such way as to pollute any watercourse with excremental matter.

     B. No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals shall be located or maintained in such a manner than the drainage, leachings or washings therefrom may pollute any reservoir or watercourse.

     C. No manure pile shall be maintained or allowed to remain within 100 feet of any reservoir nor within 50 feet of any watercourse.

  • 287-23. Interment of human bodies.

No interment of a human body shall be made within a distance of 300 feet of any reservoir or within a distance of 150 feet of any watercourse. 

  • 287-24. Additional restrictions.

In addition to observing the foregoing requirements, all persons living on or visiting the watershed shall refrain from any act, though not heretofore specified, which may result in contamination of any portion of the water supply. 

  • 287-25. Inspections; notice of violation; reports.

The Board of Trustees of the Village of Fredonia or such other person or persons as may be charged with the maintenance or supervision of the water supply shall make regular and thorough inspections of the reservoirs, watercourses and watersheds tributary thereto for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of such Board of Trustees to cause copies of any rules and regulations violated to be served upon the persons violating the same, together with notices of such violation. If such persons served do not immediately comply with the rules and regulations, it shall be the further duty of such Board of Trustees to promptly notify the State Commissioner of Health of such violations. The Board of Trustees shall report to the State Commissioner of Health, in writing, annually on the first day of January the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general condition of the watershed at the time of the last inspection. 

  • 287-26. Penalties for offenses. [Amended 12-9-1996 by L.L. No. 8-1996]

The penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination, unless otherwise provided by state law or regulation, shall be a maximum fine of $250 or imprisonment for not more than 15 days, or both.  

ARTICLE III

Water Emergencies

[Adopted 11-7-1991 by L.L. No. 12-1991]

  • 287-27. Title.

This Article shall be entitled “A Local Law Regulating the Use of Village Water During Times of a Water Emergency.” 

  • 287-28. Purpose.

During times of a water emergency, it is necessary for the Board of Trustees of the Village of Fredonia to conserve and protect its water supply in order to meet the essential water needs of those residents to which public water service is provided and thus protect the health, safety and welfare of the residents of the Village of Fredonia. This Article is intended to establish the legal framework necessary to prohibit the nonessential use of water in times of a water emergency. 

  • 287-29. Definitions.

As used in this Article, the following terms shall have the meanings indicated: 

BUSINESS USE OF WATER — Water used in connection with any business, commercial or industrial use, not including use of water for drinking or in connection with bathroom facilities.  

NONESSENTIAL DOMESTIC USE OF WATER — Water used in connection with a home or apartment or any dwelling unit which is not necessary for health and safety, such as lawn watering, car washing, filling of swimming pools, watering of gardens, any recreational use of water and any use of water for cleaning homes, sidewalks or driveways.  

WATER EMERGENCY — A temporary condition of failure or inadequacy of the supply of water to Village of Fredonia customers resulting from the stress of weather, failure of power, breakage or stoppage of mains or other portions of the water system, fire or mechanical breakdown. A resolution of the Board of Trustees of the Village of Fredonia declaring that such a condition exists shall constitute a water emergency for the purpose of this Article.  

  • 287-30. Authority to restrict water use; publication of notice.

The Board of Trustees of the Village of Fredonia, in times of a water emergency, may restrict the nonessential domestic use of water and/or the business use of water. The Board of Trustees of the Village of Fredonia shall have authority to promulgate additional rules and regulations regulating the nonessential domestic or business use of water and further defining the kind or type of use, conditions for use of water which is to be restricted and the extent and duration of the use of such water. Prior to the restriction on the use of nonessential domestic or business use of water becoming effective, the water restriction shall be published at least once in the official newspaper of the Village of Fredonia. 

  • 287-31. Application for exemption; conditions.

Any person, firm or corporation may apply to the Board of Trustees of the Village of Fredonia for an exemption to the terms of this Article upon proof that compliance cannot be accomplished without undue hardship. Proof shall also be submitted by the applicant for exemption that the use of said water will not tend to create or increase any threat to the health and safety of the consumers of Village water nor reduce the availability of water for essential domestic uses such as drinking water and water used for sanitation or health reasons or used for fire-fighting purposes. The Board of Trustees may grant such exemption, provided that it is satisfied that the above proof has been established with reasonable certainty. The Village may impose conditions to any such exemption. The granting of such exemption shall be at the discretion of the Board of Trustees of the Village of Fredonia. 

  • 287-32. Surcharge for illegal use of water.

Any person, firm or corporation who violates any restriction or rule or regulation imposed on the use of water pursuant to this Article shall be subject to pay a surcharge of $100 for each gallon of water used in violation of this Article. Any method of reasonably estimating the illegal use of water may be used by the Village in imposing this surcharge. The owner and/or tenant of the premises from which said water was used shall be liable to the Village of Fredonia for any such surcharge. The Village may, in its discretion, collect said surcharge from either the owner or tenant of the premises from which the water was consumed. 

  • 287-33. Penalties for offenses.

In addition to § 287-32 above, any person, firm or corporation who violates any restriction or rule or regulation imposed on the use of water pursuant to this Article shall be subject to a fine of not exceeding $5,000. However, each and every day such violation exist or occur, after notification by the Village that a violation exists, shall constitute a separate offense subject to a separate fine not to exceed $5,000. 

  • 287-34. Injunctive relief.

The Village shall also have the right to seek and obtain injunctive relief to enforce the provisions of this Article.  

ARTICLE IV

Cross-Connection and Backflow Prevention

[Adopted 7-26-1993 by L.L. No. 4-1993]

  • 287-35. Purpose; title.

     A. The purpose of this Article is to:

          (1)    Protect the public potable water supply of the Village of Fredonia from the possibility of contamination by isolating within its customers’ internal distribution system(s) or its customers’ private water system(s) such contaminations or pollutants which could backflow into the public water supply system. 

          (2)    Comply with the requirements of the New York State Sanitary Code 5-1.31, as now in effect or as amended from time to time.   

     B. This Article shall be entitled “A Local Law Relating to Cross-Connection Control and Backflow Prevention to Protect the Village of Fredonia Water Supply.”

  • 287-36. Responsibilities of Village and consumers; design and approval.

     A. The Village of Fredonia shall be responsible for the protection of the water distribution system from contamination due to the backflow of contaminants through the water service connection. If, in the judgment of the Village of Fredonia Superintendent of Public Works or his designated agent, an acceptable backflow prevention device is required at the Village’s water service connection to any customer’s premises for the safety of the water system, said Superintendent or his designated agent shall give notice, in writing, to said customer to install such backflow prevention device approved of by said Superintendent and the New York State Department of Health at each service connection to the premises.

     B. Consumer responsibility. It shall be the responsibility of each consumer, at his own expense, to furnish, inspect, install and keep in good working order and safe condition and in accordance with state regulations any and all protective devices required in this Article. The Village shall not be responsible for any loss or damage directly or indirectly resulting from or caused by the improper or negligent installation, operation, use, repair or maintenance of or interfering with any protective device by any customer or any other person.

     C. Design and approval. The design for the installation of a backflow prevention device must be prepared in accordance with New York State laws and regulations and must be approved by said Superintendent and all agencies required by state laws and regulations.

  • 287-37. Interpretation of provisions.

These regulations are to be reasonably interpreted. It is the intent of these regulations to recognize that there are varying degrees of hazard and to apply the principle that the degree of protection should be commensurate with the degree of hazard. 

  • 287-38. Definitions.

     A. For the purpose of this Article, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:

AIR GAP SEPARATION — A physical break between a supply pipe and a receiving vessel. The air gap shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel and in no case less than one inch.  

APPROVED CHECK VALVE — A check valve that seals readily and completely. It must be carefully machined to have free-moving parts and assured watertightness. The face of the closure element and valve seal must be bronze, composition or other noncorrodible material which will seal tightly under all prevailing conditions of field use. Pins and bushings shall be bronze or other noncorrodible, nonsticking material, machined for easy, dependable operation. The closure element (e.g., clapper) shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable.  

APPROVED DOUBLE-CHECK-VALVE ASSEMBLY — An assembly of at least two independently acting approved check valves, including tightly closing shutoff valves on each side of the check-valve assembly and suitable test cocks plus connections available for testing the watertightness of each check valve. This device shall be approved by the New York State Health Department and on their list of approved devices.  

APPROVED REDUCED-PRESSURE ZONE BACKFLOW PREVENTION DEVICE — A device incorporating two or more independently acting check valves, together with an automatically operating differential relief valve located between the two check valves, two shutoff valves, and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two check valves less than the pressure on the public water supply side of the device. At cessation of normal flow, the pressure between the check valves shall be less than the supply pressure. In case of leakage of either valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. To be approved, these devices must be readily accessible for maintenance and testing and installed in a location where no part of the device will be submerged and where adequate drainage is provided. This device shall be approved by the New York State Health Department and on their list of approved devices.  

APPROVED WATER SUPPLY — Any water supply approved by or under the public health supervision of a public health agency of the State of New York, the Village of Fredonia or the Town of Pomfret Water District. In determining what constitutes an “approved water supply,” the Department of Public Health of the State of New York (herein called the “State Health Department”) shall have the final judgment as to its safety and potability.  

ATMOSPHERIC VACUUM BREAKER — A New York State Health Department approved device which allows atmospheric pressure to enter a line under a back-siphonage condition through a gravity-operated vent valve.  

AUXILIARY WATER SUPPLY — Any water supply on or available to the premises other than the Village water supply.  

CERTIFIED TESTER/INSPECTOR — That individual or firm approved of by the New York State Department of Health and the Village to accomplish the necessary inspections and operational tests of backflow prevention devices.  

CLERK — The Village Clerk of the Village of Fredonia.  

CONSUMER — Any person to whom water is sold and furnished from the Village of Fredonia.  

CONTAMINATION — An impairment of the quality of the district water supply by the presence of any foreign substance (organic, inorganic, radiological or biological) to a degree which creates a hazard to the public health.  

COUNTY HEALTH OFFICER — The Chautauqua County Health Officer, his assistants or authorized deputies acting as, or any other person appointed as, Health Officer of the County of Chautauqua.  

CROSS-CONNECTION — Any unprotected connection between any part of the Village waterworks system used or intended to supply water for drinking purposes and any source or systems containing water or substance that is not or cannot be approved as safe, wholesome and potable for human consumption.  

HAZARDOUS SUBSTANCE — Any substance (liquid, solid or gaseous), including raw sewage and lethal substances, that, when introduced into the water supply system, creates or may create a danger to the health and well-being of the consumer.  

NONTOXIC SUBSTANCE — Any substance of a nonpoisonous nature that may create a moderate or minor hazard to the water supply system.  

PERSON — Any natural person, firm, association, organization, partnership, trust or association of persons, joint venture, corporation or company, and includes the United States, the State of New York, the County of Chautauqua, special purpose district and any officer or agent thereof.  

PREMISES — Integrated land area, including improvements thereon, undivided by public thoroughfares or water distribution mains of the Village of Fredonia where all parts of the premises are operated under the same management and for the same purpose.  

PROTECTIVE DEVICE — Any of the following devices:  

     (1)    Air gap separation.  

     (2)    Approved reduced-pressure zone backflow prevention device.  

     (3)    Approved double-check-valve assembly.    

SERVICE CONNECTION — The terminal end of a service connection from the Village water supply at its point of delivery to the consumer. If a meter is installed, “service connection” means the downstream end (customer side) of the meter. Unprotected takeoffs from the service line ahead of any meter or backflow protective device located at the point of delivery to the consumer shall not be permitted.  

SUPERINTENDENT — The Superintendent of Public Works of the Village of Fredonia, New York, or his authorized representatives.  

VILLAGE — The Village of Fredonia, New York.  

     B. Word usage. “Shall” is mandatory; “may” is permissive.

  • 287-39. Protection required; conflicts.

     A. Types of protection.

          (1)    Auxiliary water supply. Each service connection to the Village water supply for furnishing water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the Village water supply.  

               (a)     If the auxiliary water supply is handled in a separate piping system with no known cross-connection, the Village water supply shall be protected by an approved double-check-valve assembly installed at the service connection to the premises. When the auxiliary water supply may be contaminated, the Superintendent may order the Village water supply protected by an air gap separation or an approved reduced-pressure zone backflow prevention device installed at the service connection.  

               (b)     If the auxiliary water supply is handled in a separate piping system and cross-connections are known to exist between the Village water supply and the auxiliary water supply which cannot presently be eliminated, the Village water supply shall be protected by an approved reduced-pressure zone backflow prevention device installed at the service connection.   

          (2)    Hazardous substance. Any facility utilizing or containing any hazardous substance(s) shall be rated hazardous. A reduced-pressure zone device shall be required independent of a separate system handling the auxiliary water system. The Village shall also require a reduced-pressure zone device if the facility is rated nonhazardous and the auxiliary water system does not meet the water quality requirements of Part 5 of the Sanitary Code. 

          (3)    Nonhazardous substances. Any facility utilizing or containing any substance that would be objectionable, but not necessarily hazardous to health, if introduced into the Village water supply shall be considered nonhazardous, and the Village water supply shall be protected by an approved double-check-valve assembly. 

          (4)    Nonhazardous to hazardous. In the event that any facility is rated nonhazardous and its usage is revised such that it will be considered hazardous, notification of at least 30 days shall be given to the Superintendent before the change takes place. Protection by the use of a protective device as required on hazardous substances shall be installed. 

          (5)    Sewage treatment plant and pumping stations. At the service connection to any sewage treatment plant or sewage pumping station, the Village water supply shall be protected by an air gap separation. The air gap shall be located as close as practicable to the service connection, and all piping between the service connection and the receiving tank shall be entirely visible. If these conditions cannot be reasonably met, the Village water supply shall be protected with an approved reduced-pressure zone backflow prevention device, provided that this alternative is acceptable to both the Superintendent and the County Health Officer. A final decision in this matter shall be made by the State Health Department. 

          (6)    Fire system.  

               (a)     At the service connection to any premises in which a fire protection system is installed, the Village water supply shall be protected based on the water source and arrangement of supplies in accordance with the following classifications.  

                    [1]    Class 1. 

                         [a]     Direct connection from public water mains only; no pumps, tanks or reservoirs; no physical connections from auxiliary water supplies; no antifreeze or other additives of any kind; all sprinkler drains discharging to atmosphere, dry wells or other safe outlets. 

                         [b]     Protection: double-check-valve assembly if not already installed in the system.    

                    [2]    Class 2. 

                         [a]     Same as Class 1, except booster pumps may be installed in the connections from the street mains. 

                         [b]     Protection: double-check valve assembly.    

                    [3]    Class 3. 

                         [a]     Direct connection 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. 

                         [b]     Protection: double-check-valve assembly.    

                    [4]    Class 4. 

                         [a]     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 located within 1,700 feet of the pumper connection. 

                         [b]     Protection: air gap or reduced-pressure zone backflow prevention device.    

                    [5]    Class 5. 

                         [a]     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. 

                         [b]     Protection: air gap or reduced-pressure zone backflow prevention device.    

                    [6]    Class 6. 

                         [a]     Combined industrial and fire protection systems supplied from the public water mains only, with or without gravity storage or pump suction tanks. 

                         [b]     Protection: to be determined by the Superintendent after a detailed survey of the premises to determine the degree of hazard.      

          (b)     Lawn sprinkling systems. At the service connection to any permanently installed lawn sprinkling system, the Village water supply shall be protected by an approved double-check-valve assembly. If the lawn sprinkling system handles liquid fertilizers or other chemicals, the Village water supply shall be protected by an approved reduced-pressure zone backflow prevention device.  

          (c)     Residential water supply. All future construction and/or repair to individual residential customers shall be required to have installed a double-check-valve assembly.     

     B. Conflicts. Whenever two or more conditions exist on any premises for the correction of which different protective devices are required in this Article, the consumer shall be required only to install the protective device which, in the opinion of the Superintendent and County Health Officer, affords the maximum protection to the Village water supply.

  • 287-40. Noncompliance; discontinuance of service; notices; right of entry.

     A. No water service connection shall be installed on the premises of any consumer unless the Village water supply is protected as required by this Article.

     B. Delivery of water to the premises of any consumer may be discontinued by the Superintendent if any protective device required by this Article has not been installed, inspected, tested and maintained or is defective or has been removed or bypassed.

     C. Delivery of water shall be discontinued immediately and without notice to the consumer if the Superintendent or County Health Officer determines that the Village water supply is being contaminated or is in immediate danger of contamination; a protective device required by this Article has not been installed or is defective or has been removed or bypassed; and the consumer cannot immediately be located. Delivery of water shall not be resumed until any protective device required by this Article and approved by the Superintendent has been properly installed or until conditions at the consumer’s premises causing the contamination or danger of contamination have been abated or corrected to the satisfaction of the Superintendent and County Health Officer.

     D. Except as provided in Subsection C, delivery of water shall not be discontinued until written notice thereof has been given to the consumer. The notice shall state the conditions or defects which must be corrected; the manner in which the stated conditions or defects are to be corrected; and the date on or after which delivery of water will be discontinued, which shall not be less than 15 nor more than 90 days following the date of delivery or mailing of the notice. The Superintendent may grant the consumer an extension of an additional period not to exceed 90 days if he or she determines that the consumer has exercised due diligence but has been unable to comply with the notice within the time originally allowed. The notice shall be given by delivering the same to the consumer, the manager or agent thereof or to any person in charge of or employed in the place of business of the consumer, or, if the consumer has no place of business, then at the place of residence of the consumer, if known, or by leaving the notice at either the place of business or the residence of the consumer. If the consumer cannot be found, service of the notice shall be mailed, postage fully prepaid, addressed to the consumer at the place of business or residence set forth in the application of the consumer for water service in the records of the Village. Once discontinued, delivery of water shall not be resumed until any protection device required by this Article and approved by the Superintendent has been properly installed or until conditions at the consumer’s premises creating the need for a protective device have been abated or corrected to the satisfaction of the Superintendent and the County Health Officer.

     E. For the purpose of making any inspections or discharging the duties imposed by this Article, the Superintendent and County Health Officer shall have the right to enter upon the premises of any consumer. Each consumer, as a condition of the continued delivery to his premises of water from the Village water supply, shall be considered as having stated his consent to the entry upon his premises of the Superintendent and County Health Officer for the purposes stated herein.

  • 287-41. Inspections; records; powers and duties of Superintendent.

     A. The consumer on whose premises any protective device is installed shall have each such device inspected annually by a certified tester/inspector approved by the New York State Department of Health (not by any Village employee). If successive inspections disclose repeated failures in the operation of any device, the Superintendent may require more frequent inspections. Each device shall be repaired, overhauled or replaced at the expense of the consumer whenever it is found to be defective.

     B. Records of such test, repairs and overhauls shall be kept, and a copy of such records shall be forwarded to the Superintendent on an annual basis.

     C. The Superintendent shall be the designated public official empowered to decide whether or not said inspections required herein are performed properly. If, following demand therefor, the consumer fails to have any of the inspections made as required herein or to make the above-described records available, the Superintendent shall have the right to inspect the device, and the consumer shall pay the cost thereof.

  • 287-42. Existing devices.

All presently installed prevention devices which do not meet the requirements of this Article but were approved devices for the purposes described herein at the time of installation and which have been properly maintained shall, except for the inspection and maintenance requirements under this Article, be excluded from the requirements of these rules, so long as the Village is assured that they will satisfactorily protect the public water supply. Whenever the existing device is moved from the present location or requires more than minimum maintenance or constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this Article. 

  • 287-43. Penalties for offenses.

An offense against the provisions of this Article shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. Every day a violation continues to exist after notification from the Village of the violation may be considered a separate offense subject to a fine of not more than $250. 

  • 287-44. Severability.

If any section, subsection, sentence, clause or phrase of this Article is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Article. 

  • 287-45. When effective.

This Article shall take effect immediately upon filing with the Secretary of State of the State of New York.  

[1].  Editor’s Note: Original Sec. 51.01, Licensed plumber required to tap pipes of waterworks, and Sec. 51.02, Application for license; examination, both of which immediately preceded this section, were repealed 2-9-1981 by L.L. No. 2-1981.

[2].  Editor’s Note: Former Subsection B(4), regarding the financial responsibilities of the Village and the lessee for the repair of water meters, was repealed 9-13-1999 by L.L. No. 6-1999.

[3].  Editor’s Note: This local law repealed former § 287-12, Liens.

[4].  Editor’s Note: Pursuant to this local law, former § 287-13, Penalties for offenses, was renumbered as § 287-13.1.

[5].  Editor’s Note: Said Public Health Law § 70 et seq. was repealed by Ch. 879 of the Laws of 1953. See now Public Health Law § 1100 et seq.