Town of Paxton Water Department

Updated 1/25/17

TOWN OF PAXTON WATER DEPARTMENT

RULES AND REGULATIONS

PAXTON WATER DEPARTMENT

RULES AND REGULATIONS

TABLE OF CONTENTS

Department Information 6

ARTICLE IDefinitions 7-8

ARTICLE IIGeneral Provisions 9

Section 1Power to Establish Regulations 9

Section 2 Availability of Service 9

Section 3Ownership 9

Section 4Application for Water Service New & Renewal 9

Section 5Public Water Mains 10

Section 6 Responsibility of Charges 10

Section 7Access to Property 10

Section 8Prevention of Water Waste 10-11 Section 9 Decision of Water Waste; Shut off Supply 11

Section 10Service Turn On/Off 11

Section 11Unusual Construction 11

Section 12Fires 11

Section 13Conditions under Which Service is Furnished 11

Section 14No Liability for Interruption of Service 11

Section 15No Liability for Dirty Water 12

Section 16No Liability for Consumer’s Pipes 12

Section 17No Liability for Collapsed Boilers, Etc. 12

Section 18No Liability for Shutting off Water without Notice 12

Section 19No Liability for Ground Wire Attachments 13

Section 20Conference with Water Department 13

Section 21Determination of Water Rates 13

Section 22Water Bill Appeals 13

Section 23Violations of Regulations 14

ARTICLE IIICharges 15

Date of Consumer’s Liability to Pay 15

Section 1Rates & Fees 15

Section 2Collection of Miscellaneous Water Charges 15

Section 3Charge for Turning On/Off Water 15

Section 4Delinquent Accounts 15

Section 5Claims for Adjustments on Bills 16

Section 6All Metered Water to be paid for 16

Section 7When Meter is Out of Order 16

Section 8No Right to Furnish Water to Other Premises 16

Section 9Water from Non-Metered Source 17

Section 10Master Metering 17

ARTICLE IVMeters 18

Section 1Meter Installations 18

Section 2Consumers to Pay for Meter Repairs 18

Section 3Meter Size 18

Section 4Meter not to be Removed 18

Section 5Meter Pits 18

Section 6Paxton Water Departments Right to Change Meters 19

Section 7Check Valve 19

Section 8Auxiliary Meters 19

Section 9Repairing Meters 19

Section 10Access to the Meter 19

Section 11Testing Small Meters by Request 20

Section 12Testing Large Meters 20

Section 13Disputes of Water Bills 20

Section 14Ownership of Meters 21

ARTICLE VServices, Pipes, and Fixtures 21

Section 1Water Waste 21

Section 2Service Connection Fee 21

Section 3Responsibility for Service Pipe 21

Section 4Right to Repair Service Pipes 22

Section 5Leaks 22

Section 6Materials on Private Premises 22

Section 7Temporary Service 22

Section 8Request for Turning On, or Shutting Off 22-23

Section 9One Service to Each Premise 23

Section 10Irregular Services 23

Section 11No Pipe Furnished in winter 23

Section 12Frozen Service Connection 23

Section 13Service Pipe Trenches 23

Section 14Extensions 24

Section 15All Services to be Inspected 24

Section 16Private Fire Services 24

Section 17Right to Restrict the Use of Water 24

Section 18Use of Fire Hydrants 24

Section 19Use of Gate Valves 25

Section 20Construction 25

ARTICLE VICross Connection Control 25

Section 1Cross Connections 25

Section 2Treatment 25

Section 3Auxiliary Tankers 25-26

ARTICLE VIIWater Use Restrictions 26

Section 1Declaration of a State of Water Supply

Conservation 26

Section 2Restricted Water Uses 26

Section 3Public Notification of a State of Water Supply

Conservation, Notification of D.E.P. 26

Section 4Termination of a State of Water Supply

ConservationNotice 27

Section 5State of Water Supply Emergency; Compliance

With D.E.P. Orders 27

Section 6Penalties 27

ARTICLE VIIIAppeal Procedures 27

Section 1Appeals for Shut-Offs, Terminations, Fines, and HighUsage Disputes 27

Section 2 Appeals Process 27-28

APPENDICESGuidelines and Specifications for Water Services andMains 29-32

Technical Specifications Paxton Water Department33-36

Paxton Water Department Service Charge Listings 37

Paxton Water Department Rules & Regulations

Hours of Operation:

Normal Business Hours 7AM - 3PM Monday thru Friday Summer Hours 6AM-3PM Monday thru Thursday, 6AM- 10AM Friday

Emergencies:

The Department operates on a 24-hour emergency call basis. In the event of an emergency at times other than the above listed hours of operation, a call may be placed to the Paxton Police Department at (508)793-3100. Any emergency calls will be relayed to the Water Department for prompt attention.

Meetings:

All meetings and any changes in scheduling shall be posted at the Town Hall. Scheduleddate and location shall be included in the posting.

Consent:

The following rules, regulations, and procedures are part of the contract with every person who takes water from the Town of Paxton Water Department, and governs the relations between the Water Department and its consumers, and the contractors/developers who repair, replace, or install new any component of the distribution system. Every such person using Department water shall be considered as having expressed consent to be bound by the rules and regulations of the Department.

ARTICLE I

DEFINITIONS

1. APPLICANT shall mean any person that has submitted a request to the superintendent for a water service, water main extension, alteration, replacement, or relocation of any water pipe within the distribution system.
2. AUTOMATED METER READING DEVICE shall mean the device(s) used for reading meters without having to enter the premise.
3. BACKFLOW shall mean the flow of water or other fluids, mixtures or substances into the distribution system of a potable water supply from any source(s) other than its intended source.
4. BACKFLOW PREVENTION DEVICE shall mean an approved mechanical device that is designed to prevent the backflow into the water distribution system.
5. BUILDING shall mean any structure that is used for human occupancy, employment, recreation, or other purpose.
6. COMMISSION(ERS) shall mean the duly elected members of the Board of Water Commissioners of The Town of Paxton or their authorized employees, agents, or representatives.
7. CONSUMER shall mean the individual, firm, or corporation whose name the Water Department has on its books as the party who has applied for water service or any individual, firm, or corporation who, in fact, uses the water services of the Town of Paxton.
8. CONTRACTORS AND DEVELOPERS shall mean an individual, firm, or corporation who installs water mains, water services, and their appurtenances.
9. CROSS CONNECTION shall mean any actual or potential connection between any pipe that carries potable water in the distribution system, and any wastes pipe, soil pipe, sewer, drain, or any other unapproved source, whether it be a temporary, or permanent connection, where a backflow situation can occur.
10. FIRE PROTECTION/SUPPRESSION SYSTEM SUPPLY LINE shall mean the private water pipe, control valve, and appurtenances installed solely to furnish water for extinguishing fires (also referred to as a fire pipe or fire line).
11. MAIN shall mean any water line which supplies water to more than one person’s property on more than one lot.
12. METER shall mean an instrument or device, including any appurtenances thereto, for measuring the flow of water.
13. PERSON shall mean any individual, firm, company, association, society, corporation, or group.
14. PRIVATE FIRE PROTECTION shall mean private water mains, fire pipes, and other appurtenances installed for the purpose of fire protection/suppression at a particular premise.
15. SERVICE shall mean any water line, and associated valves and fittings, connecting a water main to a person’s property up to, and including the water meter.
16. SHALL; MAY“Shall” is mandatory; “May” is permissive.
17. SUB-DIVISION shall mean the division of a tract of land into two (2) or more lots.
18. SUPERINTENDENT shall mean the person appointed by the Paxton water Commissioners to serve as the Superintendent, or the person designated by the Commission to act in the capacity of superintendent.
19. WATER DEPARTMENT shall mean all authorized employees, agents or representatives that enforce the rules and regulations set forth by the Paxton Water Commissioners.

ARTICLE II

GENERAL PROVISIONS

Section 1:POWER TO ESTABLISH REGULATIONS

The Commission may establish, change, and amend the Rules and Regulations for introduction and use of water at any duly noticed meeting of the commissioners, by a majority vote.

Section 2:AVAILABILITY OF SERVICE

Subject to availability, all property situated within the Paxton Water Department’s water distribution system shall be eligible to receive water service from the Commission upon compliance with these regulations. The timing and methods for extending or providing service shall be at the Commission’s sole discretion. Eligibility for water service outside of the Department shall be conditioned upon the Commission’s approval and compliance with these regulations. The Commission is not required to provide service to a property if there is an insufficient water supply in the opinion of the Commission.

Section 3:OWNERSHIP

The Commission owns all public water mains, hydrants, valves, and associated appurtenances located within public ways, Commission-owned easements, whether recorded or by prescription and private ways open to public travel within the Town unless otherwise specified in writing by the Commission (with a copy provided to the owner). The commission also owns all water service pipes from public water mains located within public ways, Commission-owned easements, whether recorded or by prescription and private ways open to public travel within the Town to an owner’s property line, except where a building, foundation wall, retaining wall, stairs, areaways, or other subterranean structures are located on the property line, the Commission owns the water service pipe to a distance of 18 inches outside the property line.

Section 4:APPLICATION FOR WATER SERVICE NEW & RENEWAL

All applications for water service connections to be connected to the Water Department’s water system shall be filled out in itsentirety, by the owner or an authorized person(s), and approved by the Board of Water Commissioners. Once approved by the Board of Water Commissioners all applicable fees noted on the application must be paid in full prior to installation. For Water service hookup fee please refer to the current Paxton Water Department Service charges sheet.

Section 5:PUBLIC WATER MAINS

The Commission and the Water Department shall control the use of all public water mains in the Town of Paxton. No person shall, without prior written authorization from the Commission, uncover, make any connections with or opening into, alter, or disturb a public water main. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the Commission’s water distribution system.

Section 6: RESPONSIBILITY OF CHARGES

Consumers of water shall be charged with and held responsible for all water passing through their service pipe until such time as they shall give written notification to the Water Department that they no longer desire the use of water, and the Water Department has terminated all services to the property. In the case of the sale of the property, such notice shall give the name and legal mailing address of the new owner. Failure to receive invoices and/or submit notification of transfer of ownership will not constitute a reason for any adjustment. The sale or other transfer of title of property does not eliminate the responsibility for payment of any charges or fees, and the new owner(s) will be held responsible for ensuring that all charges and fees are paid in full at the time of transfer, or when the bills are due.

Section 7: ACCESS TO PROPERTY

Authorized employees and/or representatives of the water department shall be permitted to gain access to all premises supplied with water at reasonable hours. Access to property shall be allowed to inspect any water pipes and plumbing fixtures, to maintain, repair, or replace any part of the meter setup as they deem necessary, to survey for cross connections, to ascertain the amount of water being used or its manner of use, to enforce these procedures, and for the purpose of shutting the water off for non-payment, or any alleged violation of the provisions of these rules and regulations. In the event of public emergency or service threat to the water supply needed for fire protection or human consumption, entrance may be made at any time, after giving such notice as may be feasible in the circumstance.

Section 8: PREVENTION OF WATER WASTE

All persons being supplied water from the department shall prevent unnecessary waste of water.

Section 9: DECISION OF WATER WASTE; SHUT OFF SUPPLY

The Commissioners shall have the power to decide what waste of water is or improper use of water, and to restrict its use. If at any time the water user refuses or neglects to comply with any order of the Commissioners after 24 hours notice, the department reserves the right to shut off the water to the premises, and will not turn on until the cause of wasted water is resolved, and all fines are paid in full.

Section 10: SERVICE TURN ON/OFF

Only Water Department employees shall turn on/off a water service at the curb stop or the corporation valve, unless otherwise directed and/or designated by the Water Department.

Section 11: UNUSUAL CONSTRUCTION

Owners of property desiring any unusual construction, alteration or attachments connected with the water supply must submit plans and specifications for the same to the Superintendent for inspection, approval or disapproval and for determination as to whether the same are permissible. The Superintendent will determine the terms, charges, and conditions under which the use will be allowed.

Section 12: FIRES

Whenever a fire occurs in the town, it is the duty of consumers to discontinue, as far as practical, all use of water.

Section 13: CONDITIONS UNDER WHICH SERVICE IS FURNISHED

The Water Department does not guarantee constant pressure or uninterrupted service, nor does it assure the consumer either a full volume of water or the required pressure per square inch necessary to effectively operate hydraulic elevators, sprinkler systems, or other appliances, the same being subject to all the variable conditions that occur in the water system.

Section 14:NO LIABILITY FOR INTERRUPTION OF SERVICE

No consumer shall be entitled to damages, or to have payment refunded, for any interruption of supply occasioned either by accident to any portion of the works, or by shutting off for the purpose of additions or repairs to the works, or by the stoppage or shortage of supply due to causes beyond the control of the department, such as excessive drought, excessive use of and waste of water by other consumers, or by leaks or defects in the pipes or appliances owned by him or other consumers.

Section 15: NO LIABILITY FOR DIRTY WATER

The Water Department and the Commissioners will not be responsible for damages caused by dirty water resulting from the opening or closing of any gate for repairs, the use of any hydrant, or the breaking of any pipe. Whenever possible or feasible, the Water Department will notify the affected consumers by some means that there may be an occurrence of dirty water.

Section 16: NO LIABILITY FOR CONSUMER’S PIPES

The Water Department assumes no liability for conditions which exist in consumer’s pipes and cause trouble coincident to or following the repairs of any main pipe, service pipe, meter, or other appliance belonging to the Water Department.

Section 17: NO LIABILITY FOR COLLAPSED BOILERS, ETC.

The Water Department reserves the right at any time, without notice to shut off the water in the mains for purpose of making repairs, extensions, or for other necessary purposes. Persons having boilers or other appliances on their premises depending on the pressure in the pipes to keep them supplied with water are hereby CAUTIONED against danger from these sources, and are required to provide, at their own expense, suitable safety appliances to protect themselves against such danger. In any event, it is expressly stipulated that the Water Department will not be liable for any damage resulting from water having been cut off, either through accident or necessity.

Section 18: NO LIABILITY FOR SHUTTING OFF WATER WITHOUT NOTICE

When it becomes necessary to shut off the water from any section of the Paxton Water Department system because of an accident or the purpose of making changes or repairs, the Water Department will endeavor to give timely notice to as many consumers affected thereby, as time and the character of the repair of the accident will permit, and will, so far as practicable, use its best efforts to prevent inconvenience and damage arising from any such cause but failure to give such notice will not render the Water Department responsible or liable for any damages that may result from the shutting off of the water or any coincident conditions.

Section 19: NO LIABILITY FOR GROUND WIRE ATTACHMENTS

The Water Department shall not be responsible for any damage, or harm done to, any property or persons which may be attributed to electrical ground wires attached to the water pipes and/or meter.

Section 20:CONFERENCE WITH WATER DEPARTMENT

Prior to commencing installation of water works materials, the consumer or contractor/developer will meet with the Water Department to review and ensure understanding of and compliance with these rules and regulations.

Section 21: DETERMINATION OF WATER RATES

The Commissioners shall determine and assess the water rates.

• Any person using water, in addition to the entrance fees, shall pay for the water used at the established rates of the Paxton Water Department and shall pay for all service work and materials on that person’s property.
• Water bills shall be issued monthly, and are considered delinquent after the 3rd of the following month. Delinquent bills, or accounts in arrears, will be assessed a penalty.
• The unpaid balance of any water bill due to the Paxton Water Department under this section shall constitute a municipal lien of the property of the person(s) served by the Water Department pursuant to Massachusetts General Law, Chapter 20, and Section 42 (a) through (f). The existence of such a lien does not foreclose the use of any other lawful means of collecting payment, including the termination of service to the premises.

Section 22: WATER BILL APPEALS

• The Superintendent may make adjustments in the water bills in all proper cases upon receipt, in writing, from the property owner of a request for adjustment stating reasons for such a request, together with all information necessary to evaluate its merits. Excessive usage caused by pipe leaks or leaking fixtures on the owner’s property, beyond the meter, shall not be considered cause for adjustment. Should the owner request the meter be removed and tested, this shall be done at the discretion of the Superintendent. (Refer to Article IV Section 11 for more information on testing small meters by request.)
• Any person aggrieved with the Superintendent’sdecision under this section may appeal to the Board of Water Commissioners. A two-thirds (2/3) vote of the board shall be necessary to overturn the decision. Should this occur the claim would then be settled under conditions put forth by the Commissioners.

Section 23: VIOLATIONS OF REGULATIONS