Chapter 45

WATER REGULATIONS § 45.28

§ 45.27 Charges; meter removal

A. Correctness of charges.

Any customer finding an overcharge or undercharge in his or her statement is requested to report the error before paying the bill so that it may be corrected. The consumer guarantees the correctness of the bill when paying it.

B. Meter removal.

In no case shall a meter be removed without a permit issued by the designated Enforcement Officer for its removal.

§ 45.28 Water rates

A. Meter rates, categories and charges.

1. All water supplied by meter shall be charged at the rates set forth in the Water Rate Schedule annexed hereto.

2. Unless otherwise specifically stated in this chapter, water rates shall be based upon two (2) categories of use:

(a) one and two family use

(b) all other uses

3. There shall be a connect charge of Fifty Dollars ($50.00) for initiation of service and a disconnect charge of Fifty Dollars ($50.00)for termination of service.

B. Building construction purpose.

All water supplied for building construction purposes will be at the rate of One Dollar and Fifty Cents ($1.50) per One Thousand Dollars ($1,000.00) of the cost of construction.

C. Automatic sprinkler systems.

1. In any building or structure where automatic sprinkler equipment is installed, there shall be an annual service charge as follows:

a. For systems supplied by a two (2) inch pipe, One Hundred Dollars ($100.00).

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§ 45.28 MUNICIPAL CODE

b. For systems supplied by a three (3) inch pipe, One Hundred Twenty‑five Dollars ($125.00).

c. For systems supplied by a four (4) inch pipe, One Hundred Seventy‑five Dollars ($175.00).

d. For systems supplied by a five (5) inch pipe, Two Hundred Fifty Dollars ($250.00).

e. For systems supplied by a six (6) inch pipe, Three Hundred Dollars ($300.00).

f. For systems supplied by an eight (8) inch pipe, Five Hundred Dollars ($500.00).

2. Where automatic sprinklers are installed in a building or structure, there is to be installed, at the cost and expense of the applicant, a five‑eights‑inch bypass meter; and all connections and pipe necessary to connect said system to the Village water lines shall be installed by the Village of Mineola at the cost and expense of the applicant.

D. Miscellaneous.

The fees charged for miscellaneous water uses shall be:

Water‑supply water‑tank wagon, with a capacity of not more than one thousand (1,000) gallons: Twenty-Five Dollars ($5.00).

E. Rates for nonprofit organizations.

Where water is supplied to nonprofit organizations, such as shcools*, hospitals, religious and charitable institutions, and the amount of water consumed is equal to a greater amount than two million (2,000,000) gallons per month, the rate shall be ninety cents ($0.90) per one thousand (1,000) gallons. However, there will be a monthly minimum charge of Five Hundred Dollars ($500.00) per month.

F. Effective date. The rate changes set forth herein shall be effective for billings subsequent to December 31, 1998. [§ 45.28 amd. LL #3, 989, 1/21/99.]

*So in original.

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§ 45.29 MUNICIPAL CODE

§ 45.29 Water billings

A. Water billings shall be as follows:

1. Book Nos. 1 and 2: to be billed every February 1 and August 1, with the Billable Year commencing on February 1.

2. Book Nos. 3 and 4: to be billed every March 1 and September 1, with the Billable Year commencing on March 1.

3. Book Nos. 5 and 6: to be billed every April 1 and October 1, with the Billable Year commencing on April 1.

4. Book Nos. 7 and 8: to be billed every May 1 and November 1, with the Billable Year commencing on May 1.

5. Book Nos. 9 and 10: to be billed every June 1 and December 1, with the Billable Year commencing on June 1.

B. All water services for meters one (1) inch or smaller shall be billed every six (6) months.

C. All water services for meters greater than one (1) inch shall be billed on a monthly basis. The first monthly bill in each Billable Year shall include the minimum charge, regardless of usage, together with the appropriate charges for consumption in excess of the minimum.

D. All bills shall be dated the first of the month following meter reading and payable on or before the first of the month after billing date.

E. Any water charge or bill not paid within the specified time shall carry a penalty of five percent (5%) for the first month and one percent (1%) for each month or fraction of the month thereafter.

F. Delinquent water charges and bills shall be subject to the provisions of § 11‑1118 of the Village Law and Article II of this Chapter.

§ 45.30 Responsibility for mains and pipes

The Village of Mineola shall be responsible for all water mains and service pipes up to and including the curb box. The property

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WATER REGULATIONS § 45.33

owner shall be liable for all maintenance and service lines from the curb box to the building and all services inside the building.

ARTICLE II

TERMINATION OF SERVICE

§ 45.31 Termination of service for violation and nonpayment

Notwithstanding any of the provisions of this Chapter, except in case of emergency, temporary interruption necessitated by repairs, extensions or maintenance operations, shortage of water or similar situations, no service shall be terminated by the Village without complying with the following procedures.

§ 45.32 Notice of violation and hearing

Upon the determination by the Superintendent of Public Works or Village Clerk that a violation has occurred pursuant to this Chapter or that a bill for services or other charges has become delinquent, the Village Clerk shall notify in writing the occupant or occupants of the affected premises as well as the owner thereof either personally or by certified mail at the last known address of such persons, setting forth specifically the grounds for termination of service and the time and place of hearing within the Village. Such notice shall be served at least fifteen (15) days prior to the date of the hearing and shall contain a warning that unless such person or persons shall request in writing within ten (10) days after receipt of same that the hearing be held and such person or persons appear and offer proof or other evidence at such hearing, the service may be terminated without further notice.

§ 45.33 Conduct of hearing

At the time and place specified in the notice, the Village official designated by the Water Commission, hereafter referred to as the hearing officer, shall conduct the hearing and receive such proof or evidence that may be presented by the Village and the other interested parties. [Amd. LL #30, 2000, 6/21/2000.]

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§ 45.34 MUNICIPAL CODE

§ 45.34 Determination

At the close of the hearing, the hearing officer may order the termination of the service or other appropriate action as he or she may determine.

§ 45.35 Appeal

Any person aggrieved by the action of the hearing officer shall have the right to appeal to the Water Commission. Such appeal shall be taken by filing within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, together with a written statement setting forth fully the grounds for the appeal. The Water Commission shall set a time and place for the hearing on such appeal and notice of such hearing shall be mailed to the applicant at his or her last known address at least five (5) days prior to the date set for the hearing. The decision and order of the Water Commission shall be final and conclusive. [Amd. LL #30, 2000, 6/21/2000.]

References:

Additional sources, approval by DEC required. ECL § 15-501.

Excessive rates. Central School District No. 1 v Vil of Schoharie, 42 AD2d 1008.

Expansion of facilities to accommodate private persons prohibited. Op St Compt. 67-1051.

Federal aid for water resources. ECL § 15-0315.

Governmental function. "Acquisition and distribution of a supply of water for the needs of the modern city involves the exercise of essential governmental functions." Co. of Nassau v Water District, 62 AD2d 380. See, however, Mtr of County of Monroe, 72 NY2d 338.

Joint water, sewage or drainage project. Gen Mun L § 119-c.

Tampering with service to avoid payment; Class A Misdemeanor. Penal L § 165.15(4).

Termination of service. The United Sates Supreme Court has decided that providing water is a property right which may not be terminated without due process (Memphis Light, Gas and Water Division v Craft, 436 US 1 [1978]). Due process requires the provision of an opportunity for the presentation of a complaint by the customer and the opportunity to be heard before the service may be terminated. Op Atty Gen, 81-56.

Water service, termination. Consumer of water who has paid his or her taxes or rents imposed by municipality has implied contract with city for continued service as long as he or she pays his or her bills. Mtr of Boathouse Owners v City of North Tonawanda, 62 AD2d 1136(12).

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WATER REGULATIONS § 45.44

ARTICLE III

CONTROL OF BACKFLOW AND CROSS-CONNECTIONS

§ 45.41 Inspection; notice of violation

The Water Commission or its designated agent shall inspect the plumbing in every building or premises in this Village at prescribed intervals to ensure that the plumbing system was installed and maintained in such a manner as to safeguard the potable water supply by preventing backflow into the potable water supply system. The Water Commission or its designated agent shall notify or cause to be notified, in writing, the owner or authorized agent of the owner of any such building or premises, to correct, within a reasonable time set by the Water Commission or its designated agent, any plumbing installed or existing contrary to or in violation of this Article and which, in its judgment, may, therefore, permit the pollution of the Village water supply or otherwise adversely affect the public health. [Amd. LL #30, 2000, 6/21/2000.]

§ 45.42 Right of entry

The Water Commission or its designated agent shall have the right of entry into any building, during reasonable hours, for the purpose of making inspections of the plumbing systems installed in such building or premises, provided that, with respect to the inspection of any single-family dwelling, consent to such inspection shall first be obtained from a person of suitable age and discretion therein or in control thereof. [Amd. LL#30, 2000, 6/21/2000.]

§ 45.43 Responsibility for multiple dwellings and commercial and

industrial buildings

The Water Commission or its designated agent may require the owner of any multiple dwelling or commercial or industrial building to designate some qualified person to be in charge of the water supply for that building.

§ 45.44 Definitions

When used in this Article, unless otherwise indicated, the following words shall have the meaning indicated:

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§ 45.44 MUNICIPAL CODE

AIR GAP: The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device and the flood level rim of the receptacle.

APPROVED: Accepted by the Village and by the Department of Health where required, as meeting an applicable specification stated or cited in this Article, or as suitable for the proposed use.

AUXILIARY SUPPLY: Any water source or system other than the Village water supply which may be available in the building or on the premises.

BACKFLOW: The flow of water or other liquids, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than its intended source.

BACKFLOW PREVENTER: A device or means to prevent backflow.

BACKSIPHONAGE: Backflow resulting from negative pressures in the distributing pipes of the potable water supply.

BAROMETRIC LOOP: A loop of pipe rising approximately thirty five (35) feet, at its topmost point, above the highest fixture it supplies.

CHECK VALVE: A self-closing device which id designed to permit the flow of fluids in one (1) direction and to close if there is a reversal of flow.

CONTAMINATION: See "pollution".

CROSS-CONNECTION: Any physical connection between a potable water supply and any waste pipe, soil pipe, sewer, drain or any unapproved source or system. Furthermore, a "cross-connection" is any potable water supply outlet which is submerged or can be submerged in wastewater and/or any other source of contamination. See "backflow" and "backsiphonage".

DRAIN: Any pipe which carries wastewater or waterborne wastes in a building drainage system.

FIXTURE, PLUMBING: Installed receptacles, devices or appliances supplied with water or which receive or discharge liquids or

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WATER REGULATIONS § 45.44

liquid-borne wastes.

FLOOD LEVEL RIM: The edge of the receptacle from which water overflows.

HAZARD, HEALTH: Any conditions, devices or practices in the water supply system and its operation which creates or may create a danger to the health and well-being of the water consumer. An example of a "health hazard" is a structural defect in the water supply system, whether in the location, design or construction, which may regularly or occasionally prevent satisfactory purification of the water supply or cause it to be polluted from extraneous sources.

HAZARD, PLUMBING: Any arrangement of plumbing, including piping and fixtures, whereby a cross-connection is created.

HYDROPNEUMATIC TANK: A pressure vessel in which air pressure acts upon the surface of the water contained within the vessel, pressurizing the water distribution piping connected to the vessel.

INLET: The open end of the water supply pipe through which the water is discharged into the plumbing fixture.

PLUMBING SYSTEM: Includes the water supply and distribution pipes, plumbing fixtures and traps: soil, waste and vent pipes: building drains and building sewers, including their respective connections, devices and appurtenances within the property line of the premises: and water-treating or water-using equipment.

POLLUTION: The presence of any foreign substance (organic, inorganic, radiological or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.

REDUCED-PRESSURE BACKFLOW PREVENTER: An assembly of differential valves and check valves, including an automatically opened spillage port to the atmosphere designed to prevent backflow.

SURGE TANK: The receiving, nonpressure vessel forming part of the air gap separation between a potable and an auxiliary supply.

VACUUM: Any pressure less than that exerted by the atmosphere.

VACUUM BREAKER, NONPRESSURE-TYPE: A vacuum breaker which is

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§ 45.44 MUNICIPAL CODE

designed so as not to be subjected to static line pressure.

VACUUM BREAKER, PRESSURE-TYPE: a vacuum breaker designed to operate under conditions of static line pressure.

WATER, NONPOTABLE: Water which is not safe for human consumption or which is of questionable potability.

WATER, POTABLE: Any water which complies with the provisions of (10 NYCRR 72) Part 72 (Drinking Water Standards) of the Administrative Rules/Regulations of the New York State Commissioner of Health.

VILLAGE: The Village of Mineola and the Water Commission and employees of said Village vested with the authority and responsibility for the enactment and enforcement of this Article. [Amd. LL #30, 6/21/2000.]

§ 45.45 Technical requirements

A. Generally.

A potable water supply system shall be designed, installed and maintained in such a manner as to prevent contamination from nonpotable water, liquids, solids or gases from being introduced into the potable water supply through cross-connections or any other piping connections to the system.

B. Cross-connections prohibited; exception.

Cross-connections between potable water systems and other systems or equipment containing water or other substances of unknown or questionable safety are prohibited, except when and where, and as approved by the New York State Commissioner of Health pursuant to Section 5.33 of the New York State Sanitary Code, suitable protective devices such as the reduced-pressure zone backflow preventer or equal are installed, tested and maintained to ensure proper operation on a continuing basis.

C. Interconnections.

Interconnection between two (2) or more public water supplies shall be permitted only with the written approval of the Water Commission and the New York State Department of Health. [Subd. C. amd. LL #30, 6/21/2000.]

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WATER REGULATIONS § 45.44

D. Individual water supplies.

Cross-connections between an individual water supply and a potable public supply shall not be made unless specifically approved by the Water Commission or its designated agent and the New York State Department of Health. [Subd. D. amd. LL #30, 6/21/2000.]

E. Connections to boilers.

Potable water connections to boiler feed water systems shall be made through an air gap or provided with an approved backflow preventer (reduced-pressure principal or double-check double-gate valves).

F. Prohibited connections to fixtures and equipment.

Connection to the potable water supply system for the following is prohibited, unless protected against backflow in accordance with Subd. H or as set forth as follows:

1. Bidets.

2. Operating, dissection, embalming and mortuary tables or similar equipment. In such installation the hose used for the water supply shall terminate at least twelve (12) inches away from every point of the table or attachments.

3. Pumps for nonpotable water, chemicals or other substances. Priming connections may be made only through an air gap.

4. Building drainage, sewer or vent systems.

5. Any other fixture of similar hazard.

G. Refrigerating unit condensers and cooling jackets.

Except where potable water provided for a refrigerator condenser or cooling jack is entirely outside the piping or tank containing a toxic refrigerant and two (2) separate thicknesses of metal separate the refrigerant from the potable water supply, an inlet connection shall be provided with an approved check valve. Also, adjacent to and at the outlet side of the check valve, an approved pressure-relief valve, set to relieve at five (5) pounds per square inch above the maximum water pressure at the point of installation,

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§ 45.44 MUNICIPAL CODE

shall be provided if the refrigeration unit contains more than twenty (20) pounds of refrigerants.

H. Protection against backflow and backsiphonage.

1. Water outlets.

A potable water system shall be protected against backflow and backsiphonage by providing and maintaining at each outlet:

a. Air gap: An air gap, as specified in Subdivision B, between the potable water outlet and the flood level rim of the fixture it supplies or between the outlet and any other source of contamination; or

b. Backflow preventer: An approved backflow preventer device or vacuum breaker to prevent the drawing of contamination into the potable water system.

2. Minimum required air gap.

a. How measured. The minimum required air gap shall be measured vertically from the lowest end of a potable water outlet to the flood rim or line of the fixture or receptacle into which it discharges.

b. Size. The minimum required air gap shall be twice the effective opening of a potable water outlet, unless the outlet is a distance less than three (3) times the effective opening away from a wall or similar vertical surface, in which case the minimum required air gap shall be three (3) times the effective opening of the outlet. In no case shall the minimum required air gap be less than shown in the following table:

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WATER REGULATIONS § 45.45

Minimum Air Gaps for Generally Used

Plumbing Fixtures

Minimum Air Gap

(Inches)

When Not When

Affected Affected

by Near by Near

Fixture Wall⁽¹⁾ Wall ⁽²⁾

Lavatories and other fixtures with 1.0 1.50

effective openings not greater

than 1/2 inch in diameter

Sink. laundry trays, goose-neck bath 1.5 2.25

faucets and other fixtures with

effective openings not greater than

3/4 inch in diameter

Over rim bath fillers and other fix- 2.0 3.0

tures with effective openings not

greater than 1 inch in diameter

Drinking water fountains- single ori- 1.0 1.5

fice, 7/16 (0.437) inch in diameter,

or multiple orifices having a total

area of 0.150 square inch (area of

circle 7/16 inch in diameter)

Effective openings greater than 1 ⁽³⁾ ⁽⁴⁾

inch

Notes:

⁽¹⁾ Side walls, ribs or similar obstructions do not affect air gaps when spaced from the inside edge of the spout opening a distance greater than three (3) times the diameter of the effective opening for a single wall, or a distance greater than four (4) times the diameter of the effective opening for two (2) intersecting walls.

⁽²⁾ Vertical walls, ribs or similar obstructions extending from the water surface to or above the horizontal plane of the spout opening require a greater air gap when spaced closer to the nearest inside edge of spout opening than specified in Note (1) above. The effect of three (3) or more such vertical walls or ribs has not been determined. In such cases, the air gap shall be measured from the top of the wall.

⁽³⁾ Two (2) times diameter of effective opening.

⁽⁴⁾ Three (3) times diameter of effective opening.

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§ 45.45 MUNICIPAL CODE

Design Criteria for Physical Connection

Control Devices

Control Devices

Conditions A.G. R.P.D. D.C.A. A.V.B. P.V.B.

Any physical connection which

may be subject to backpre-

sure involving:

Hazardous substances* X X

Nonhazardous substances** X X X

Any physical connection not

subject to backpressure in-

volving:

Hazardous substances* X X X X

Nonhazardous substances** X X X X X

Notes:

A.G. = air gap

R.P.D. = reduce-pressure device

D.C.A. = double-check valve assembly

A.V.B. = atmospheric vacuum breaker

P.V.B. = pressure vacuum breaker

*A "hazardous substance" includes sewage, ethal chemicals or other substances which, if introduced into the public water supply system, would or may endanger the health of the consumer.

**A "nonhazardous substance" would not endanger the health of the consumer, but would be a nuisance if introduced into the public water supply system.

b. The Water Commission or its designee shall determine the condition of the connection in accordance with the categories listed in the above table and shall determine what type of control device is required. Only approved devices shall be utilized. [Subpar. b. amd. LL #30, 2000, 6/21/2000.]

b. Approved devices to protect against backflow and backsiphonage shall be installed at all fixtures and equipment where backflow and/or backsiphonage may occur and where a minimum air gap cannot be provided between the water outlet to the fixture or equipment and its flood level rim.

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WATER REGULATIONS § 45.45

d. Connections not subject to back pressure. Where a water connection is not subject to back pressure, a nonpressure‑type vacuum breaker shall be installed on the discharge side of the last valve on the line serving the fixture or equipment. A list of some conditions requiring protective devices of this kind is given in the table below.

Cross-Connections Where Protective Devices are Required

and Critical Level (C‑L) Setting for Vacuum Breakers*

Fixture or Equipment Method of Installation

Aspirators and ejectors C‑L at least 6 inches above flood level of receptacle served

Dental units On models without built‑in vacuum breakers, C‑L at least 6 inches above flood level rim of bowl

Dishwashing machines C‑L at least 6 inches above flood level of machine. Install on both hot and cold water supply line

Flushometers (closet and C‑L at least 6 inches above top urinal) of fixture supplies

Garbage can cleaning C‑L at least 8 inches above flood machine level of machine. Install on both hot and cold water supply lines

Hose outlets C‑L at least 6 inches above highest point on hose line

Laundry machines C‑L at least 6 inches above flood level of machine. Install on both hot and cold water supply lines

*"Critical level" (C‑L) is defined as the level to which the vacuum breaker may be submerged before backflow will occur. Where the C‑L is not shown on the preventer, the bottom of the device shall be taken as the C‑L.

§ 45.45 MUNICIPAL CODE

Fixture or Equipment Method of Installation

Lawn sprinklers C‑L at least 12 inches above highest sprinkler or discharge outlet

Steam tables C‑L at least 6 inches above flood level

Tank and vats C‑L at least 6 inches above flood level rim or line

Trough urinals C‑L at least 30 inches above perforated flush pipe

Flush tanks Equip with approved ball cock. Where ball cock touches tank water, equip with vacuum breaker at least 1 inch above overflow outlets. Where ball cock does not touch tank water, install ball cock outlet at least 1 inch above overflow outlet or provide vacuum breaker as specified above

Hose bibbs (where aspirators C‑L at least 6 inches above flood or ejectors could be level of receptacle served.

connected)

e. Connections subject to back pressure. Where a potable water connection is made to a line, fixture, tank, vat, pump or other equipment with a hazard of backflow or backsiphonage where the water connection is subject to back pressure and an air gap cannot be installed the installation of an approved reduced‑pressure principle backflow preventer shall be required. A partial list of such connections is shown in the table below.