reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Registration of Grandfathered Projects › Section 1806.42 - Registration requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Registrations shall include the following information:
(1) identification of project sponsor
				  including any and all proprietors, corporate officers or partners, the mailing
				  address of the same, and the name of the individual authorized to act for the
				  sponsor;
(2) description of the
				  project and site in terms of:
(i) project
				  location, including latitude and longitude coordinates in decimal degrees
				  accurate to within 10 meters;
(ii)
				  project purpose;
(3)
				  identification of all sources of water, including the date the source was put
				  into service, each source location (including latitude and longitude
				  coordinates in decimal degrees accurate to within 10 meters), and if
				  applicable, any approved docket numbers;
(4) identification of current metering and
				  monitoring methods for water withdrawal and consumptive use;
(5) identification of current groundwater
				  level or elevation monitoring methods at groundwater sources;
(6) all quantity data for water withdrawals
				  and consumptive use for a minimum of the previous five calendar years. If the
				  project sponsor registering submitted the water withdrawal and consumptive use
				  data for the previous five calendar years to a member jurisdiction, that data
				  will satisfy this requirement. A project sponsor registering may provide
				  supplementary data related to water withdrawals and consumptive use quantities.
				  If quantity data are not available, any information available upon which a
				  determination of quantity could be made;
(7) for consumptive use, description of
				  processes that use water, identification of water returned to the basin,
				  history of the use, including process changes, expansions and other actions
				  that would have an impact on the amount of water consumptively used during the
				  past five calendar years;
(8) based
				  on the data provided, the quantity of withdrawal for each individual source and
				  consumptive use the project sponsor requests to be grandfathered by the
				  commission;
(9) any ownership or
				  name changes to the project since January 1, 2007.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Registration of Grandfathered Projects › Section 1806.43 - Metering and monitoring requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As a part of
				  the registration process, the commission shall review the current metering and
				  monitoring for grandfathered withdrawals and consumptive uses.
(b) The commission may require a metering and
				  monitoring plan for the project sponsor to follow.
(c) Project sponsors, as an ongoing
				  obligation of their registration, shall report to the commission all
				  information specified in the grandfathering determination under section
				  1806.44 of this Part in a form and
				  manner determined by the commission. If water withdrawal and consumptive use
				  quantity reporting is required by the member jurisdiction where the project is
				  located, the commission shall accept that reported quantity to satisfy the
				  requirements of this subdivision, unless the commission finds that additional
				  data is needed that is not required by the member jurisdiction.
(d) Any data generated or collected under
				  subdivision (c) of this section will be made available to the member
				  jurisdictions in a manner and timeframe mutually agreeable to both the
				  commission and the jurisdiction.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Registration of Grandfathered Projects › Section 1806.44 - Determination of grandfathered quantities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For each
				  registration submitted, the executive director shall determine the
				  grandfathered quantity for each withdrawal source and consumptive
				  use.
(b) In making a determination,
				  the following factors should be considered:
(1) the withdrawal and use data and the peak
				  consecutive 30-day average shown by the data;
(2) the reliability and accuracy of the data
				  and/or the meters or measuring devices;
(3) determination of reasonable and genuine
				  usage of the project, including any anomalies in the usage;
(4) whether the grandfathered amount includes
				  an operational margin of safety; and
(5) other relevant factors.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › Registration of Grandfathered Projects › Section 1806.45 - Appeal of determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A final
				  determination of the grandfathered quantity by the executive director must be
				  appealed to the commission within 30 days from actual notice of the
				  determination.
(b) The commission
				  shall appoint a hearing officer to preside over appeals under this section.
				  Hearings shall be governed by the procedures set forth in Part 1808 of this
				  Chapter.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1807 - Water Withdrawal Registration › Section 1807.1 - Requirement

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to any other requirements of commission
				  regulations, and subject to the consent of the affected member state to this
				  requirement, any person withdrawing or diverting in excess of an average of
				  10,000 gpd for any consecutive 30-day period, from ground or surface water
				  sources, as defined in Part 1806 of this Title, shall register the amount of
				  this withdrawal with the commission and provide such other information as
				  requested on forms prescribed by the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1807 - Water Withdrawal Registration › Section 1807.2 - Time limits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except for
				agricultural water use projects, all registration forms shall be submitted
				within one year after May 11, 1995, or within six months of initiation of the
				water withdrawal or diversion, whichever is later; provided, however, that
				nothing in this section shall limit the responsibility of a project sponsor to
				apply for and obtain an approval as may be required under Part 1806 of this
				Title. All registered withdrawals shall re-register with the commission within
				five years of their initial registration, and at five-year intervals
				thereafter, unless the withdrawal is sooner discontinued. Upon notice by the
				executive director, compliance with a registration or reporting requirement, or
				both, of a member state that is substantially equivalent to this requirement
				shall be considered compliance with this requirement.
(b) Project sponsors whose existing
				agricultural water use projects (i.e., projects coming into existence prior to
				March 31, 1997) withdraw or divert in excess of an average of 10,000 gpd for
				any consecutive 30-day period from a ground or surface water source shall
				register their use no later than March 31, 1997. Thereafter, project sponsors
				of new projects proposing to withdraw or divert in excess of 10,000 gpd for any
				consecutive 30-day period from a ground or surface water source shall be
				registered prior to project initiation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1807 - Water Withdrawal Registration › Section 1807.3 - Administrative agreements

Current through Register Vol. 46, No. 28, July 10, 2024
The commission may complete appropriate administrative
				  agreements or arrangements to carry out this registration requirement through
				  the offices of member jurisdictions. Forms developed by the commission shall
				  apprise registrants of any such agreements or arrangements, and provide
				  appropriate instructions to complete and submit the form.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1807 - Water Withdrawal Registration › Section 1807.5 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Terms used in this Part shall be defined as set forth in
				  section 1806.3 of this
				  Title.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1808 - Hearings And Enforcement Actions › Conduct of Hearings › Section 1808.1 - Public hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  public hearing shall be conducted in the following instances:
(1) addition of projects or adoption of
				  amendments to the comprehensive plan, except as otherwise provided by section
				  14.1 of the compact;
(2) proposed
				  rulemaking;
(3) consideration of
				  projects, except projects approved pursuant to memoranda of understanding with
				  member jurisdictions;
(4) hearing
				  requested by a member jurisdiction;
(5) as otherwise required by the compact or
				  commission regulations.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1808 - Hearings And Enforcement Actions › Conduct of Hearings › Section 1808.2 - Administrative appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A project
				  sponsor or other person aggrieved by a final action or decision of the
				  executive director shall file a written appeal with the commission within 30
				  days of the receipt of actual notice by the project sponsor or within 30 days
				  of publication of the action in the
Federal Register
. Appeals
				  shall be filed on a form and in a manner prescribed by the commission and the
				  petitioner shall have 20 days from the date of filing to amend the appeal. The
				  following is a non-exclusive list of actions by the executive director that are
				  subject to an appeal to the commission:
(1) a
				  determination that a project requires review and approval under section
				  1806.5 of this Part;
(2) an approval or denial of an application
				  for transfer under section
				  1806.6 of this Part;
(3) an approval of a notice of intent under a
				  general permit under section
				  1806.17 of this Part;
(4) an approval of a minor modification under
				  section 1806.18 of this Part;
(5) a determination regarding an approval by
				  rule under section
				  1806.22(e) or (f)
				  of this Part;
(6) a determination
				  regarding an emergency certificate under section
				  1806.34 of this Part;
(7) enforcement orders issued under section
				  1808.14 of this Part;
(8) a finding regarding a civil penalty under
				  section 1808.15(c) of
				  this Part;
(9) a determination of
				  grandfathered quantity under section
				  1806.44 of this Part;
(10) a decision to modify, suspend or revoke
				  a previously granted approval; and
(11) a records access determination made
				  pursuant to commission policy.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1808 - Hearings And Enforcement Actions › Conduct of Hearings › Section 1808.4 - Optional joint hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commission may order any two or more public hearings involving a common or
				  related question of law or fact to be consolidated for hearing on any or all of
				  the matters at issue in such hearings.
(b) Whenever designated by a department,
				  agency or instrumentality of a member jurisdiction, and within any limitations
				  prescribed by the designation, a hearing officer designated pursuant to section
				  1808.2 of this Part may also serve
				  as a hearing officer, examiner or agent pursuant to such additional designation
				  and may conduct joint hearings for the commission and for such other
				  department, agency or instrumentality. Pursuant to the additional designation,
				  a hearing officer shall cause to be filed with the department, agency, or
				  instrumentality making the designation, a certified copy of the transcript of
				  the evidence taken before him/her and, if requested, of his/her findings and
				  recommendations. Neither the hearing officer nor the Susquehanna River Basin
				  Commission shall have or exercise any power or duty as a result of such
				  additional designation to decide the merits of any matter arising under the
				  separate laws of a member jurisdiction (other than the compact).
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1808 - Hearings And Enforcement Actions › Compliance and Enforcement › Section 1808.10 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
Sections
					 1808.11 -1808.19 of this Part
					 shall be applicable where there is reason to believe that a person may have
					 violated any provision of the compact, or the commission's rules, regulations,
					 orders, approvals, docket conditions, or any other requirements of the
					 commission. The said person shall hereinafter be referred to as the alleged
					 violator.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1808 - Hearings And Enforcement Actions › Compliance and Enforcement › Section 1808.11 - Duty to comply

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be the duty of any person to comply with any
					 provision of the compact, or the commission's rules, regulations, orders,
					 approvals, docket conditions, or any other requirements of the
					 commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1808 - Hearings And Enforcement Actions › Compliance and Enforcement › Section 1808.12 - Investigative powers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commission or its agents or employees, at any reasonable time and upon
				  presentation of appropriate credentials, may inspect or investigate any person
				  or project to determine compliance with any provisions of the compact, or the
				  commission's rules, regulations, orders, approvals, docket conditions, or any
				  other requirements of the commission. Such employees or agents are authorized
				  to conduct tests or sampling; to take photographs; to perform measurements,
				  surveys, and other tests; to inspect the methods of construction, operation, or
				  maintenance; to inspect all measurement equipment; and to audit, examine, and
				  copy books, papers, and records pertinent to any matter under investigation.
				  Such employees or agents are authorized to take any other action necessary to
				  assure that any project is constructed, operated and maintained in accordance
				  with any provisions of the compact, or the commission's rules, regulations,
				  orders, approvals, docket conditions, or any other requirements of the
				  commission.
(b) Any person shall
				  allow authorized employees or agents of the commission, without advance notice,
				  at any reasonable time and upon presentation of appropriate credentials, and
				  without delay, to have access to and to inspect all areas where a project is
				  being constructed, operated, or maintained.
(c) Any person shall provide such information
				  to the commission as the commission may deem necessary to determine compliance
				  with any provisions of the compact, or the commission's rules, regulations,
				  orders, approvals, docket conditions, or any other requirements of the
				  commission. The person submitting information to the commission shall verify
				  that it is true and accurate to the best of the knowledge, information, and
				  belief of the person submitting such information. Any person who knowingly
				  submits false information to the commission shall be subject to civil penalties
				  as provided in the compact and criminal penalties under the laws of the member
				  jurisdictions relating to unsworn falsification to authorities.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1808 - Hearings And Enforcement Actions › Compliance and Enforcement › Section 1808.13 - Notice of violation

Current through Register Vol. 46, No. 28, July 10, 2024
When the executive director or his/her designee issues a
					 notice of violation (NOV) to an alleged violator, such NOV will:
(a) list the violations that are alleged to
				  have occurred;
(b) state a date by
				  which the alleged violator shall respond to the NOV.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1808 - Hearings And Enforcement Actions › Compliance and Enforcement › Section 1808.14 - Orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whether or not
				  an NOV has been issued, where exigent circumstances warrant, the executive
				  director may issue an order directing an alleged violator to cease and desist
				  any action or activity to the extent such action or activity constitutes an
				  alleged violation, or may issue any other order related to the prevention of
				  further violations, or the abatement or remediation of harm caused by the
				  action or activity.
(b) If the
				  project sponsor fails to comply with any term or condition of a docket
				  approval, the commissioners may issue an order suspending, modifying or
				  revoking approval of the docket. The commissioners may also, in their
				  discretion, suspend, modify or revoke a docket approval if the project sponsor
				  fails to obtain or maintain other Federal, state or local approvals.
(c) The commissioners may issue such other
				  orders as may be necessary to enforce any provision of the compact, the
				  commission's rules or regulations, orders, approvals, docket conditions, or any
				  other requirements of the commission.
(d) It shall be the duty of any person to
				  proceed diligently to comply with any order issued pursuant to this
				  section.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1808 - Hearings And Enforcement Actions › Compliance and Enforcement › Section 1808.15 - Show cause proceeding

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  executive director may issue an order requiring an alleged violator to show
				  cause why a penalty should not be assessed in accordance with the provisions of
				  this Chapter and section 15.17 of the compact. The order to the alleged
				  violator shall:
(1) specify the nature and
				  duration of violation(s) that is alleged to have occurred;
(2) set forth the date by which the alleged
				  violator must provide a written response to the order;
(3) identify the civil penalty recommended by
				  commission staff.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1808 - Hearings And Enforcement Actions › Compliance and Enforcement › Section 1808.16 - Civil penalty criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				  determining the amount of any civil penalty or any settlement of a violation,
				  the commission shall consider:
(1) previous
				  violations, if any, of any provision of the compact, the commission's rules or
				  regulations, orders, approvals, docket conditions or any other requirements of
				  the commission;
(2) the intent of
				  the alleged violator;
(3) the
				  extent to which the violation caused adverse consequences to public health,
				  safety and welfare or to water resources;
(4) the costs incurred by the commission or
				  any member jurisdiction relating to the failure to comply with any provision of
				  the compact, the commission's rules or regulations, orders, approvals, docket
				  conditions or any other requirements of the commission;
(5) the extent to which the violator has
				  cooperated with the commission in correcting the violation and remediating any
				  adverse consequences or harm that has resulted therefrom;
(6) the extent to which the failure to comply
				  with any provision of the compact, the commission's rules or regulations,
				  orders, approvals, docket conditions or any other requirements of the
				  commission was economically beneficial to the violator;
(7) the length of time over which the
				  violation occurred and the amount of water used during that time
				  period.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1808 - Hearings And Enforcement Actions › Compliance and Enforcement › Section 1808.17 - Enforcement of penalties, abatement or remedial orders

Current through Register Vol. 46, No. 28, July 10, 2024
Any penalty imposed or abatement or remedial action ordered
					 by the commission or the executive director shall be paid or completed within
					 such time period as shall be specified in the civil penalty assessment or
					 order. The executive director and commission counsel are authorized to take
					 such additional action as may be necessary to assure compliance with sections
					 1808.10 -1808.19 of this Part. If
					 a proceeding before a court becomes necessary, the penalty amount determined in
					 accordance with section
					 1808.15(f) of
					 this Part shall constitute the penalty amount recommended by the commission to
					 be fixed by the court pursuant to section 15.17 of the
					 compact.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1808 - Hearings And Enforcement Actions › Compliance and Enforcement › Section 1808.18 - Settlement by agreement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  alleged violator may offer to settle an enforcement proceeding by agreement.
				  The executive director shall submit to the commission any offer of settlement
				  proposed by an alleged violator. No settlement will be submitted to the
				  commission by the executive director unless the alleged violator has indicated,
				  in writing, acceptance of the terms of the agreement and the intention to
				  comply with all requirements of the settlement agreement, including advance
				  payment of any settlement amount or completion of any abatement or remedial
				  action within the time period provided or both. If the commission determines
				  not to approve a settlement agreement, the commission may proceed with an
				  enforcement action in accordance with sections
				  1808.10 -1808.19 of this
				  Part.
(b) In the event the violator
				  fails to carry out any of the terms of the settlement agreement, the commission
				  may reinstitute a civil penalty action and any other applicable enforcement
				  action against the alleged violator.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1808 - Hearings And Enforcement Actions › Compliance and Enforcement › Section 1808.19 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall be effective on January 1,
					 2007.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1950 - Water Regulations › Section 1950.2 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				purpose of this Part is to provide for the beneficial use of the water board's
				water facilities through the regulation of connection and water use, as well as
				to provide for the equitable recovery of the costs of the water facilities.
				This Part shall apply within the corporate limits of the city and to persons
				outside the city who are, by contract or agreement with the water board, users
				of the water board's water facilities. The property within the city boundaries,
				and persons or properties located outside the city who are users shall
				constitute the service area of the water board.
(b) The water board maintains its principal
				office at the Michael C. O'Laughlin Water Treatment Plant located at 5815
				Buffalo Avenue, Niagara Falls, NY 14304. Unless otherwise provided or directed,
				all payments and communications to the water board shall be delivered to such
				office address.
(c) The headings
				and table of contents used herein are for convenience and reference only and
				shall not define, describe, limit or control the scope or meaning of the
				provisions of these regulations.
(d) The confidentiality of user information
				and data submitted as necessary for any application, record, report, plan, or
				other document required by these regulations shall be governed by the New York
				State Freedom of Information Law (sections
				84 through
				90 of the
				Public Officers Law of the State of New York) and by other applicable State or
				Federal statutes and regulations. Any requests by a user to keep specific data
				and information confidential must be made in writing at the time of
				submission.
(e) If any provision,
				paragraph, word, section or article of these regulations is invalidated by any
				court of competent jurisdiction, the remaining provisions, paragraphs, words,
				sections, and chapters shall not be affected and shall continue in full force
				and effect.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1950 - Water Regulations › Section 1950.3 - Use of division mains mandatory

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Every dwelling, house, or other building requiring the use of water must be
				supplied from the water mains of the water board through a separate service,
				provided that there is a permanent water main immediately in front, rear, or on
				either side of the premises.
(b) If
				no water main is existent in the manner described, a temporary service may be
				laid from and connected to the nearest available water main until a permanent
				water main is installed, when such service must be disconnected from the
				temporary source and reconnected to the permanent water main within 30 days
				from the date that water is available in the permanent main. Such disconnection
				and reconnection shall be made by and at the expense of the owner of the
				premises supplied, and under the supervision and subject to the written
				approval of the director.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1950 - Water Regulations › Section 1950.4 - Conditions of use

Current through Register Vol. 46, No. 28, July 10, 2024
The supply of water to any person for any purpose whatsoever
				  is subject to the following conditions:
(a) The water board does not guarantee to the
				user any fixed or constant pressure, nor a continuous supply, these being
				subject to the various conditions which may arise in the operation and
				maintenance of the water facilities.
(b) In case of failure of mains, service,
				pumping machinery, reservoirs or other equipment or through the cessation of
				operation of any pumps by virtue of the electric power being temporarily cut
				off or discontinued, or for the purpose of testing, extending, repairing or
				cleaning water mains, services, or pump and filter station equipment, the water
				may be shut off as found necessary by the director, without notice to users and
				no claim will be considered and the water board will not be liable for damage
				to service branches, boilers, machinery, plumbing or other fixtures, property
				or persons arising therefrom.
(c)
				The director shall have the right, upon reasonable notice, to enter and inspect
				any premises or any part of all premises using water provided by the water
				board, at any time that it may so desire. For this purpose, any water board
				employee or authorized contractor who may be designated by the director, upon
				exhibition of proper credentials or badges of the water board, at reasonable
				hours, shall have free access to such premises. When such access is refused,
				the water may be turned off at the option of the director, and not turned on
				again until a reactivation fee as identified in the board schedule of rates has
				been paid to water board.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1950 - Water Regulations › Section 1950.5 - Application for water service

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Applicants for water service shall make such deposits or payments and obtain
				permits as may be required according to the service rendered before the
				application will be granted. No work or improvements to supply water shall be
				performed prior to obtaining permits from the water board.
(b) Payment of the applicant for water
				service of any or all deposits, fees, or charges that are required by the water
				board and which are prerequisite to the granting of such applications shall be
				considered as sufficient evidence of agreement on the part of said applicant to
				conform and comply with each and every rule and regulation that has been or may
				in the future be enacted and which governs the granting of such application or
				the consequent sale of water by the water board.
(c) All applications for the use of water
				outside of the corporate limits of the city of shall be made to the director in
				writing. Such application shall state the name of the owner of the property for
				which supply is requested, and shall be accompanied by either the original or
				copies thereof of any granted permits that may be required by the State, county
				or township in which such property is situated. All such applications shall be
				reported by such director to the water board for such action as the water board
				deems proper. If the water board grants any such applications, they shall be
				subject to the provisions of this Part and the water board may impose such
				additional conditions as it deems in the best interest of the water
				board.
(d) No water shall be
				supplied to any premises, the owner of which is indebted to the water board for
				services supplied, work completed or material furnished or in any other manner,
				until such indebtedness has been paid, whether that indebtedness was incurred
				at the premises for which service is supplied, or contracted at any other place
				within or without the city.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1950 - Water Regulations › Section 1950.8 - Water rates and bills

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All users
				shall pay and shall be liable to pay the water board such fees, rates and other
				charges as the water board may establish from time to time in accordance with
				and pursuant to the authority in the Water Board Act. A schedule of such fees,
				rates and charges are set forth in section
				1950.20 of this Part.
(b) For the purpose of billing users for the
				consumption shown by the water meter, the demand charges, and for the delivery
				of water bills, the following districts shall be established and shall be known
				as meter districts:
(1) District 1. Beginning
				at the Niagara River and the east line of Hyde Park Boulevard to the northeast
				corner of Hyde Park Boulevard and Pine Avenue (Niagara Falls Boulevard), thence
				east along the north side of Pine Avenue (Niagara Falls Boulevard) to the
				easterly city line (56th St. Extended), thence north along the easterly city
				line (56th St. Extended), to the south side of Pierce Avenue produced easterly
				to said city line; thence west along the south side of Pierce Avenue but not to
				include any portion of Pierce Avenue to the top of the high bank of the Niagara
				River, thence along the contour of such south and east to the point of
				beginning.
(2) District 2.
				Beginning at the Niagara River and the east side of Hyde Park Boulevard to the
				northeast corner of Hyde Park Boulevard and Pine Avenue (Niagara Falls
				Boulevard), thence east along the north side of Pine Avenue (Niagara Falls
				Boulevard) to 56th Street, thence easterly along said north city line to the
				easterly city line; thence in a southerly direction along said easterly city
				line; thence in a westerly direction along the contour of the bank of such
				river to the point of beginning.
(3) District 3. Beginning at the Niagara
				River and at the south side of Pierce Avenue; thence north and east along the
				top of the high bank of said river to the north city line; thence east along
				the said north city line to the northeast corner of Garfield Avenue and Hyde
				Park Boulevard; thence south along the east side of Hyde Park Boulevard to the
				northeast corner of the Lockport Road; thence east along the said east city
				line to the south line of Pierce Avenue; thence east along the prolongation of
				the south line of Pierce Avenue to the point of beginning.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1950 - Water Regulations › Section 1950.9 - Free water

Current through Register Vol. 46, No. 28, July 10, 2024
There will be no free water furnished to any user or person,
				  including but not limited to a local hospital, the city or any other
				  municipality, district, State agency or any division thereof.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1950 - Water Regulations › Section 1950.10 - Temporary use of water and water for construction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A tapping application shall be required
				for erecting, construction, altering or maintaining any building or structure
				or for any purpose whatsoever that requires the temporary use of water. Such
				application shall be obtained with the building permit and with full payment of
				all tapping fees as set forth in the board schedule of rates.
(b) Water for construction purposes may be
				obtained from any metered service in lieu of payment required by subdivision
				(a) of this section, provided that permission of the owner of such services is
				first obtained. Such owner shall be held liable for all water obtained in this
				manner. If water is to be obtained from a metered service, it must be so stated
				on the application for a building permit, together with the street address of
				such metered service.
(c) Water for
				construction purposes must be paid for at regular rates set forth in the board
				schedule of rates, regardless of whether it is used on city public works or
				private works.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1950 - Water Regulations › Section 1950.11 - Water taps and charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application
				for taps must be made 24 hours in advance of the time that such tap is
				required. The time that the excavation will be ready must be stated in the tap
				application.
(b) Taps in water
				mains within the city limits will be made at the real cost determined by the
				director. Taps in water mains outside the city limits will be made at twice the
				inside-city real cost determined by the director. At least once each year the
				director shall advise the water board as to the real cost of making various
				sizes of taps.
(c) All excavations
				made for the insertion of corporation stops in the water main must be large
				enough to permit proper operation of the tapping machine. The required size
				shall be determined by the director under whose direction the tap will be
				made.
(d) Upon request, the
				director shall furnish an estimate of the real cost of making a connection two
				inches in diameter or above to any of its mains. Such estimate shall include
				only those real costs which would be incurred by the water board.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1950 - Water Regulations › Section 1950.12 - Excavation permits

Current through Register Vol. 46, No. 28, July 10, 2024
Permits must be obtained from the city engineer's office
				  before any excavation is undertaken in any city street or margin to install or
				  repair service branches. Such permission shall not be given to any person,
				  other than a person who is properly bonded to protect persons and property
				  against any injury liable to be caused by reason of such
				  excavation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1950 - Water Regulations › Section 1950.13 - Tampering with mains, pipes, hydrants or meter installations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person, other than an employee or
				authorized contractor of the water board shall open, close or interfere in any
				manner with any valve, or gate in any water main or street pipe belonging to
				the water board without special written permission of the director.
(b) No person, except as authorized by the
				water board or the director may operate a fire hydrant or attempt to modify a
				water meter, installation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1950 - Water Regulations › Section 1950.14 - Use of fire hydrants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				person shall open, carry from or tamper in any manner with a fire hydrant
				connected to water board mains, unless a written permit is obtained from the
				director. However, this does not apply to employees of the city's fire
				department engaged in the pursuit of regular duties.
(b) The director shall be notified within 24
				hours of the use of any hydrant by the city fire department.
(c) Wrenches, other than hydrant wrenches
				acceptable to the director, must not be used for the operation of fire
				hydrants. The use of any other type of wrench shall be considered sufficient
				cause for cancellation of any permit issued and for the imposition of a fine
				equal to the real cost to cover repairs or replacement.
(d) The general use of hydrants for
				construction purposes will be restricted when a service line to a building or
				structure will eventually be required. All hydrant use other than fire fighting
				purposes requires a valid hydrant permit and the use of a water board certified
				meter-backflow hydrant assembly. When a hydrant is being used under permit,
				regular reducing couplings attached to the nozzle of the hydrant and equipped
				with an independent valve for regulating flow shall be used. The main valve of
				such hydrant must be opened fully at the beginning of each workday and remain
				open until the finish of work on that day, when it shall be completely
				closed.
(e) A hydrant flow test
				service charge as identified in the board schedule of rates, payable in advance
				to the water board, shall be assessed for hydrant flow tests performed by the
				water board.
(f) In obtaining water
				from a fire hydrant in conformity with the foregoing subdivisions, no leakage
				will be tolerated. The hydrant permit shall be rescinded for any violation and
				appropriate fees for damage will be assessed.
(g) No person shall obstruct access to any
				fire hydrant in any manner whatsoever, without the written approval of the
				director.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1950 - Water Regulations › Section 1950.15 - Charges for fire protection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Except where fire flows are metered together with normal water service to a
				water customer, no charge shall be made for the actual use of water for fire
				protection purposes. Availability charges for fire protection shall be as
				hereinafter set forth.
(b) The
				availability charge for each public fire hydrant inside the city boundary shall
				be $103.00 per year, payable by the city fire department to the water
				board.
(c) The availability charge
				for each public fire hydrant located outside the city boundary shall be $150
				per year, payable in advance to the water board.
(d) The availability charge for service to
				private fire protection services inside the city boundary shall be the annual
				amounts as identified in the board schedule of rates, payable in advance, based
				on the nominal diameter of each service at its point of connection to the water
				board main.
(e) The availability
				charge for service to private fire protection services located outside the city
				boundary shall be 200 percent of the fee chargeable for similar service inside
				the city boundary.
(f) The
				requirement that meters shall be installed on all service branches shall be
				waived in the case of service branches intended for fire protection only.
				However, a detector check valve is required on fire protection lines.
(g) Water may not be used from service that
				has a detector check valve, except for fire protection.
(h) A detector check valve to indicate when
				water has been used shall be installed on all fire services in a building with
				10 or more rooms rented or hired out to be occupied for sleeping
				purposes.
(i) Plans for fire
				protection installations in multiple dwellings must be approved by the city
				building inspector and the city fire department before approval by the
				director.
(j) All fire protection
				branches must be provided with a valve between the street main and the building
				or private fire line supplied with water.
(k) The water board shall place its seal upon
				any opening or valve connected with or to any fire protection service branch to
				seal such valve either open or closed.
(l) When a water board seal is broken, either
				accidentally or in order to obtain water for fire protection, the director must
				be notified immediately by the person breaking the seal or by any employee of
				the water board having knowledge thereof. A new seal will then be set and so
				recorded.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1950 - Water Regulations › Section 1950.16 - Requirements for plumbers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				person other than a duly licensed plumber shall do any plumbing in connection
				with any attachment to the mains of the water board without the written
				permission of the director, except as otherwise provided in this
				Part.
(b) Any attachments to the
				water board main shall comply with the rules and regulations of the water board
				and the plumbing code of the city.
(c) Curb boxes and valve boxes on services
				shall be kept uncovered and readily accessible during construction or repair
				work.
(d) When plumbing work is
				completed in any new building, a space suitable for the installation of a water
				meter shall be provided and water shut off.
(e) The installation of nipples and a union
				in order that water may be obtained to test the plumbing will be allowed. Such
				nipples and unions shall be removed after such tests are completed and the
				director is notified.
(f) No person
				shall break a water board seal nor disconnect or remove a water meter without
				obtaining the approval of the director.
(g) No licensed plumber nor any other person
				shall make any attachment to any pipe or other fixture until written approval
				has been obtained from the director.
(h) No plumber or other person shall alter in
				any way the service branch pipes attached to the waterworks mains without
				written approval of the director.
(i) No plumber or other person shall make an
				attachment to any service branch or other pipe in such a manner that the water
				passing through such an attachment is not registered by the water
				meter.
(j) No person shall, by
				means of false keys or other means, cause or suffer any premises to be supplied
				with water after the water supply has been disconnected by the water
				board.
(k) All cast or ductile iron
				water services, after pressure testing to 150 pounds per square inch, shall be
				chlorinated by the water board with reference to time and place of such
				chlorination. Points for the application of chlorine and subsequent drainage
				shall be determined by the director and provided by the plumber or contractor.
				No water shall be provided through such service until results of chlorination
				have been approved by the director.
(l) Bills shall be rendered to the plumber or
				contractor at the real cost to the water board.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1950 - Water Regulations › Section 1950.17 - Cross-connection prevention program

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The water board policy is to protect the public water supply against actual or
				potential cross-connections by isolating within the premises contamination that
				may occur because of some undiscovered, or unauthorized cross-connection of the
				premises. This policy incorporates the elimination of existing connections
				between drinking water systems and other sources of water that are not approved
				as safe and potable for human consumption. The policy also encompasses the
				elimination of cross-connections between drinking water supply. The policy
				extends to the prevention of the making of cross-connections in the future. The
				policy encourages the exclusive use of public sources of water
				supply.
(b) Except when the water
				board determines that no significant hazard is posed by the premises served,
				the water board shall take such actions as it deems necessary and appropriate
				to protect the public water system from existing or potential contamination by
				containing within or limiting the existing or potential contamination to the
				premises or the user including, but not limited to:
(1) by requiring an acceptable air gap,
				reduced pressure zone device, double-check valve assembly or equivalent
				protective device acceptable to the director consistent with the degree of
				hazard posed by the premises served by the connection;
(2) by requiring the users of such
				connections to submit plans for the installation of protective devices, to the
				supplier of water and the State for approval. Such submission shall be
				accompanied with as plan review fee as identified in the board schedule of
				rates; and
(3) by assuring that all
				protective devices be inspected and tested at least annually by the user. The
				records of such inspections and tests shall be made available to and maintained
				by the water board.