N.Y. Comp. Codes R. & Regs. tit. 21 § 10085.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 10085.5 - Discontinuance of water service

(a) Except as otherwise provided herein, water service may be discontinued by the water board for any one of the following reasons:

(1) for use of water other than as represented in the user's application or through branch connections on the street side of the meter or the place reserved therefor;

(2) waste by use of water through improper and defective pipes, or by other means;

(3) for molesting or tampering with any service pipes, seal, meter or other water facilities owned by the water board;

(4) for non-payment of bills for water or services rendered by the water board in accordance with these regulations;

(5) for cross-connecting pipes carrying water supplied by the water board with any other source of supply or with any apparatus which may endanger the quality of the water supply;

(6) for refusal of reasonable access to the property for the purpose of reading, repairing, replacing, testing or removing meters or backflow preventers or inspecting the user service connection or other water pipes and other fixtures;

(7) for the furnishing or receiving of a supply of water from another premises; and

(8) for violation of any of the regulations of the water board.

(b) Any user may discontinue water service by giving the water board written notice, on forms supplied and approved by the commissioner, not less than 10 days prior to the discontinuance. Upon the commissioner's acceptance of such notice, all liability for charges for service rendered after the discontinuance of service as herein provided for shall cease. Upon discontinuance of non-metered flat rate water service, the water board will refund to the user the pro rata amount of every advance payment for any service after the discontinuance. Such refund to be based upon the relation of the period after discontinuance of service to the entire period for which such advance payment was made after deducting the proper charge for any excess water consumed to the date of discontinuance.

(c) When water service to any premises has been turned off upon the order of the user or for any of the reasons specified in subdivision (a) of this section and service at any premises is again desired by the same user, a reactivation charge as specified in the board's schedule of rates will be made for the restoration of services; providing the discontinuance of service required only the removal of the water board's equipment from the user's premises, the closing of the curb stop or turning off the water elsewhere not involving any unusual expense. If, however, in the commissioner's judgment it becomes necessary to protect the facilities or to prevent waste, the commissioner may shut off or disconnect the service pipe at the water board's main, and the user shall be liable to pay for restoration of service in the amount of the real cost incurred by the water board, incident to the disconnection and reconnection of the service pipe.

(d) Upon receipt of an application for new service or for reinstatement of an existing service, the water board will assume that the user service connection and all pipes and fixtures connected thereto are in proper working order to receive water. The water board will not be liable in any event for any accident, break or leakage arising in connection with the supply of water or failure to supply same.

(e) Upon certification by the Buffalo Sewer Authority to the water board that sewer rents, based upon the consumption of water charged against the real property which is connected with the Buffalo Sewer Authority, remain unpaid for a period of more than one year from the due date thereof, and that notice and demand has been given by the Buffalo Sewer Authority to the owner or occupant of said premises, by registered or certified mail, addressed to said premises and to the address of the owner as shown on the records of the assessor of the City of Buffalo, to pay the same within 10 days from the date of the mailing of said notice and that such rents still remain unpaid, the commissioner shall shut off the supply of water to said premises until the sewer rents are paid, together with any other charges due to the Buffalo Sewer Authority and reactivation fee and/or real costs incurred by the water board to restore service to said premises.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 10085.5