RESOLUTION TO SCHEDULE PUBLIC HEARING ON A LOCAL LAW REPEALING LOCAL LAW NO. 1 OF 1989, LOCAL LAW NO. 1 OF 2007 AND LOCAL LAW NO. 2 OF 2007, AND ADOPTING A NEW CHAPTER ENTITLED WATER SYSTEM AND WELLS

RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, May 9, 2020 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against the following local law entitled: “A Local Law repealing Local Law No. 1 of 1989, Local Law No, 1 of 2007 and Local Law No. 2 of 2007, and adopting a new Chapter entitled Water System and Wells.”

LOCAL LAW NO. ___ OF 2020

A LOCAL LAW repealing Local Law No. 1 of 1989, Local Law No. 1 of 2007 and Local Law No. 2 of 2007, and adopting a new Chapter entitled Water System and Wells.”

BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:

Section 1. Legislative Intent. The Village of Dering Harbor has owned and operated a public water distribution system for the benefit of the residents of the Village for more than a century. The boundaries of the Village water district are co-terminus with the Village’s boundaries and the Board of Trustees have been and continue to act as the Commissioners of the water district. In recent years, the Village has been experiencing water quality issues with its water supply due to aging infrastructure and inadequate maintenance. The Village has installed a new water storage tank and will be undertaking upgrades of water supply wells and water mains to improve the distribution of potable water to residents. The Village has also entered into a long term and Lease and Management Agreement with the Suffolk County Water Authority (“SCWA”) to provide operational and management services to the Village water district, including the daily water quality testing and reporting. To further assist in the conservation and management of the volume of water being used by residents, water meters, which once existed decades ago, have been newly installed. The current provisions of Local Law No. 1 of 1989 provide broad authority for the Village to charge fees for water use, to limit the use of the water supply to human consumption and sanitary purposes, and to terminate the water supply without notice. It is the intent of this local law to modernize the Village’s waterworks law and provide further clarity with respect to the operation and management of the water district.

Additionally, for protection of the quality and quantity of the Village water supply, the Board of Trustees by Local Laws No. 1 of 2007 and Local Law No. 2 of 2007 required that no private irrigation systems may be connected to the Village water supply and distribution system and that if a landowner desired a private irrigation system, that it be connected to a separate well requiring approval of the Board of Trustees and installed and maintained by the landowner. The laws prohibited cross-connections between private irrigation systems and the Village water supply and distribution system, and gave the Village the right to terminate public service where a cross-connection had been installed. It is the intent of this local law to repeal the 2007 local laws and replace them with one law which will continue to require the prohibition of the use of the Village water supply for private irrigation systems and to prohibit cross-connections between private irrigation systems and the Village water supply and distribution system.

Section 2. Amendment. Local Laws No. 1 of 1989 (Waterworks), Local Law No. 1 of 2007 and Local Law No. 2 of 2007 are hereby repealed in their entirety and replaced with a new law entitled Water Systems and Wells by adding the following:

WATER SYSTEMS AND WELLS

§1. Scope, Water District, Authority and Purpose, Delegation of Authority to Administer.

A. Scope. This chapter represents the conditions under which the Village of Dering Harbor undertakes to supply water to users served by the Village water supply and distribution system. The quality of the water so supplied is not defined, except that the requirements of the New York State Department of Health will be adhered to.
B. Water District; Boundaries and Commissioners. The establishment of the Village of Dering Harbor Water District is hereby ratified and affirmed. The boundaries of the Water District are co-terminus with the boundaries of the Village of Dering Harbor. The Board of Trustees shall act as the Board of Commissioners or Commissioners of the Water District.
C. Statutory Authority and Purpose. This chapter is adopted pursuant to the provisions of Article 11 of the New York State Village Law and Section 10 of the Municipal Home Rule Law to establish rules and regulations for the management and operation of the Village water supply and distribution system, enforcing the collection of water rents and the use of water.
D. Delegation of Authority to Administer. Pursuant to §11-1128 of the New York Village Law, the Board of Trustees has leased and delegated authority to operate and manage the Village water supply and distribution system to the Suffolk County Water Authority (“SCWA”). Subject to the obligations in the agreement between the Village of Dering Harbor and the SCWA, dated November 8, 2019, the procedures and provisions for the administration of this Chapter (including but not limited to the procedures and provisions with respect to application for use of water, tapping of mains, inspection and access to premises, water meters, billing and payment for water consumed by residents, hereof, right to turn off water) are hereby delegated to the SCWA. Fees and water rents for water consumption shall be determined by the Board of Trustees in their capacity as the Board of Water Commissioners. The water rents shall not be less than the special district water rates determined and published by the SCWA for the Fire Island/Shelter Island and may exceed the SCWA rates for water as may be determined by the Board of Trustees. The enforcement provisions of the Chapter shall remain with the Village of Dering Harbor. During the term of any such lease and/or delegation of authority to the SCWA, all references to the Water District and/or Superintendent herein shall be read as the SCWA with same force and effect.

§2. Definitions. For the purpose of interpreting and applying the terms of this Chapter, the following definitions will be observed:

BUILDING – Includes any structure or enclosure to which water is supplied, whether attached to realty or not.
DOMESTIC USE – The residential use of the Village water supply for drinking, preparing food, washing, laundering, flushing toilets, bathing, watering plants and other household functions. Domestic use does not include public, commercial or industrial uses.
LICENSED PLUMBER – A master plumber licensed by Suffolk County.
PREMISES – Includes all places within the Village of Dering Harbor to which water is supplied, whether the same are occupied or vacant.
SUFFOLK COUNTY WATER AUTHORITY – a public benefit corporation of the State of New York with offices in Oakdale, Suffolk County, New York.
SUPERINTENDENT – The person or entity, including the Suffolk County Water Authority, duly appointed by the Board of Trustees to operate and manage the Village water supply and distribution system.
VILLAGE – The Incorporated Village of Dering Harbor
WATER DISTRICT – The Board of Commissioners, the Superintendent, or other person or entity duly appointed by the Board of Trustees to operate and manage the Village water supply and distribution system, and shall include, where applicable, the authorized agents and representatives, employees and contractors of the Water District.

ARTICLE I

GENERAL REGULATIONS

§3. Applicability of regulations. The following rules and regulations shall be a part of the contract between every owner of property furnished water service directly by the Water District and said owner of property hereinafter called respectively, the “consumer” and the “Water District.” All persons now receiving, accepting and paying for water service from the Water District, or who may hereafter make application therefor, shall be considered as having agreed to be bound by the rules and regulations as contained in this Chapter. The Water District and Board of Trustees reserve the right to make such changes in these rules and regulations as it may from time to time deem advisable.

§4. Private wells. The Village water supply shall not be used for the irrigation of lawns, landscaping or tennis courts, or any other non-domestic use. The owner of property may install and use a separate well for the limited use of irrigation of lawns, landscaping, tennis courts, or any other non-domestic use, which well shall be subject to the approval of the Board of Trustees. Application for approval of a well to be used for irrigation of lawns or landscaping, or other non-domestic use shall be made in writing and submitted to the Village Clerk. The application shall be accompanied by a fee set forth by resolution of the Village Board of Trustees in a “Fee Schedule,” which may be amended by resolution from time to time. The application shall be accompanied by a survey of the property indicating the location of the well in relation to existing structures and improvements, setbacks from property lines and setbacks from any existing wells and septic systems on the property or surrounding properties within 100 feet. The application shall provide a description and specifications of the well, including the size and depth of the well. Pump capacity shall not exceed 30 gallons per minute. The application shall include a statement of a certified professional indicating the flow and capacity of the well and the intended use. A private well designed or intended to be used in a manner inconsistent with the objectives of this Chapter shall be prohibited.

§5. Application for service. Applications for water service, for the use of water or for any modification or repair shall be made in writing to the Water District. New owners of property which has been previously furnished with water service by the Water District shall have no right to the use of water until an application has been made by such new owner, the application is approved and accepted by the Water District and outstanding bills for prior water service, if any, together with costs or penalties, are paid. No person who owes a bill to the Water District for services or charges at one premises shall be entitled to use of water at any other premises until such bill, including penalties, is paid in full.

A. Applications for permits for water supply and for replacements or modifications of existing installations shall be made to the Water District, upon forms to be provided by the Water District, by a licensed plumber thereunto duly authorized by the owner.
B. No permit shall be granted for the installation or modification of water service until the fee for tapping mains and all other relevant charges have been paid to the Water District.

§6. Access to premises. Free and full access to all parts of any premises supplied with water by the Water District or to which Village water is believed to be supplied shall be granted at all reasonable hours to the Water District.

§7. Installation and maintenance of privately maintained water service lines. The installation and maintenance of all privately maintained water service lines shall be in conformity with the following regulations:

A. No private service line connected or to be connected to a Water District water main shall be installed, altered or replaced until the same has been approved by the Water District.
B. No person, other than the Water District, its employees or contractors, shall make any opening in any Village street, unless application is made to the Board of Trustees accompanied by the payment of a fee and the posting of the indemnity as may be required.
C. No person, other than the Water District, its employees or contractors, shall do any plumbing work connected with the water supply and distribution system unless he/she has been issued a license attesting to his competency in such trade by County of Suffolk.
D. All taps of water mains shall be made by the Water District. The Water District shall charge a “tapping fee” which shall include the cost of tapping the water main, installation of the lateral up to and including the curb stop, a meter and meter vault that shall be located at the property line or thereabouts.
E. All private service lines shall be installed, maintained, altered or replaced by the homeowner or their agent with copper water tube Type K or plastic line with tracer wire (with SCWA guidance) where service line does not exceed two inches in diameter and with galvanized steel, brass or ductile iron pipe where service line exceeds two inches in diameter, laid not less than four feet below the established grade of the street. All service line installations shall be inspected by a representative of the Water District prior to backfilling.
F. No new tap shall be made to a water main to connect with a service line which is intended to replace an existing service line unless the existing service line is properly disconnected at its tap to the water main by the Water District. The expense of such disconnection shall be borne by the applicant.
G. Where a service line is abandoned, the service line must be shut off at the tap and disconnected by the Water District at the expense of the owner.
H. There shall be a separate and distinct tap for the service of each building (other than an accessory building, dock or water front facility) or premises supplied with water, and no water supply service line shall be connected to any other building or premises. No private water system shall be interconnected with the Village water system.
I. All service lines from the meter vault to the building on the premises shall be provided, installed, maintained and repaired by and at the sole expense of the owner.
J. All outside service lines, building service pipes, outlets and fixtures shall be maintained in good order and repair, protected from frost, leaks and breaks, and must be promptly repaired, if not in good order, to prevent waste of water. If an owner fails to observe these requirements, the Water District may shut off the water supply and the cost thereof against the real property affected, to be collected as part of the water rent.
K. Notwithstanding anything to the contrary contained in this section, the Water District shall be responsible for and shall make all necessary excavations, taps and repairs from and between the water main and the shutoff valve and meter vault at the curb. In the event of a minor leak in a water connection between the meter vault at the curb and the building, the Water District shall notify the occupant of the leak on his/her property, and, if the occupant or owner of the property has not corrected the leak within five (5) business days of the delivery of such notice, the Water District may shut off the water to or on the premises until the leak has been corrected by the property owner. In the event of a major leak, the Water District may shut off the water without notice.
L. Cross-connections prohibited. No person owning or occupying premises receiving water service from the Water District shall make, or allow to be made, any connection or cross-connection, either of a direct or of an indirect nature, between his piping system and a water supply from any other source, or install, or allow to be installed, any fixture or appliance, or waste or soil pipe from which water may flow, be syphoned or be pumped into any piping connected to the Village water system.
M. Check valves and backflow-prevention devices required. To prevent backflow from a water user’s system into the Village water system and to comply with the requirements of the New York State Sanitary Code, Part 5, Section 5-1.31, check valves or backflow-prevention devices conforming to the most current requirements of the New York State Department of Health and the Suffolk County Department of Health Services shall be installed by the owner of those systems pursuant to the rules of those departments in force at the time of the installation.

(1) Certificates of occupancy/compliance shall not be issued by the Building Inspector for new or modified/renovated/rehabilitated structures with hazardous systems without a letter from the Water District stating that the check valves or backflow-prevention devices have been installed.
(2) The cost to install the check valves or backflow-prevention devices shall be borne by the owner of the property.
(3) Any preexisting cross-connections shall be removed and any preexisting systems without conforming check valves or backflow devices shall be upgraded so as to comply with the current requirements of the Suffolk County Department of Health Services within sixty (60) days following the service of notice by certified mail to install check valves or backflow-prevention devices.
(4) The testing of check valves or backflow devices shall be performed on an annual basis by the owner of any system requiring the same, and the cost of such testing shall be borne by the owner of the system. The testing procedures shall conform to the requirements of the Suffolk County Department of Health Services and the SCWA.

§8. Removal of Private Well or Cross-Connection; Right to Discontinue Service. Any cross-connection between a private well and the Village water supply and distribution system and any preexisting systems shall be disconnected or removed within sixty (60) days following the service of notice by certified mail to the owner of the property at the address set forth in the last tax assessment rolls. In the event such well and/or cross-connection remains after ninety (90) days, the Water District is authorized to disconnect an owner’s service and to withhold restoration thereof until the well and/or cross-connection is disconnected or removed in accordance with the provisions of §17 of this article.

§9. Charges for tapping mains; standards for taps.

A. The charges for tapping water mains shall be set forth by resolution of the Village Board of Trustees in a “Fee Schedule,” which may be amended by resolution from time to time.
B. No tap to a four-inch and a six-inch main shall be larger than 1 1/2 inches. A two-inch tap can only be made to a main which is at least eight inches in diameter. If two separate buildings (except non-habitable accessory buildings, docks or waterfront facilities) are to be serviced, the charge shall be as separate taps.

§10. Water meters.

A. Water meters of a type approved by the Water District shall be installed by the Water District or its designated representative. Meters will not be installed in buildings so I think we should consider removing the reference.
B. Water meters shall be furnished and installed by the Water District and shall remain the property of the Water District.
Since the SCWA will be installing and servicing all meters, do we really need the detail in paragraph C about meter installation?
D. The sub-metering of water by consumers is prohibited.
E. Meter reading. Employees, contractors or agents of the Water District in the performance of their duties shall be permitted to remove, replace, repair, or test the meter, to make a record of the quantity of water used, and, if necessary, enter the premises of any consumer, between the hours of 7:30 a.m. and 4:30 p.m., to inspect the water system to assure that no illegal connections have been made. If the Water District is unable to read a meter in the normal course of the meter reader’s route, the charge will be estimated on the basis of prior use in comparable periods, and the difference adjusted when the meter is again read. If the meter is damaged or fails to operate, the bill will be based on the average use during prior comparable periods unless there is evidence that the use during prior comparable periods is not properly applicable.
F. Remote-readable water meters. All water meters shall be able to be read remotely by Water District personnel from outside of and off of the subject property on which they are located.
G. Vandalism or misuse of water meters. In the event of tampering, negligence, reckless or intentional damage or modification of the water meter by the property owner or his or her agent, causing damage to the
water meter or causing the water meter to become faulty or not work properly, it shall be the property owner’s responsibility to pay for the cost of repairing or replacing the water meter, plus a fine and/or penalty subject to the provisions of §21 of this Article.

§11. Water rents.

A. The rates payable for water supplied by the Water District, designated as “water rents,” by consumers within the Village shall be those established by resolution of the Village Board of Trustees in a “Fee Schedule,” which may be amended by resolution from time to time. The water rents shall not be less than the special district water rates determined and published by the SCWA for Fire Island/Shelter Island and may exceed the SCWA rates for water as may be determined by the Board of Trustees. The water rents heretofore established by the Board of Trustees and in effect at the time of the enactment of this article shall be continued in full force and effect, subject to modification and/or rescission by the Board of Trustees. Water rents may also be subject to rate changes to the Village’s water rents which are implemented by the SCWA. I don’t think that changes to SCWA rates (if that is what is meant by implemented) will necessarily have a proportional impact on the Tier 2 and conservation rates the BOT imposes.
B. All water rents shall be payable at such intervals as the Board of Trustees may prescribe by resolution, and any minimum rent established by the Board shall be payable, though no water is consumed, as long as a service remains connected with a Village main.
C. During the term of the agreement with the SCWA, all payments for water rents shall be made directly to the SCWA during established business hours. Payments made by check or postal money order and mailed to the SCWA. Absent an agreement with the SCWA, all payments for water rents shall be made directly to the Water District.

§12. Temporary water supplies; rents and charges.

A. The water rent for water supplied during the construction of any buildings, dwellings, structures or improvements, including sidewalks, curbs or driveways, shall be undertaken and, if necessary, metered in accordance with the requirements of the SCWA for new construction.
B. No certificates of occupancy/compliance shall be issued by the Building Inspector until the water rents for water consumed during construction shall have been fully paid and until the Water District/SCWA certifies that a meter has been duly installed upon the premises.

§13. Payment of water rents.

A. The registration of each water meter shall be taken at such intervals as the Water District may prescribe, and water rentals shall be levied therefrom.
B. The water rentals so levied shall become due and payable at such times the Water District may prescribe.
C. Bills shall be mailed for the water rentals so levied but only as an accommodation, and the failure to receive the same for any cause shall not relieve the owner of liability therefor.
D. If water rents are not paid when due, a late payment penalty may be charged in the amount of set forth by resolution of the Village Board of Trustees in a “Fee Schedule,” which may be amended by resolution from time to time.
E. The payment of water rentals must include all arrears to date. In the event a partial payment is made, the partial payment shall be applied first toward any outstanding arrears.
F. Where water rents remain unpaid for a period of sixty (60) days after the bill date, the supply of water to the premises affected may be discontinued in accordance with the provisions of Article I,§17.
G. Where the supply of water is shut off because of nonpayment of water rents, a charge as adopted by resolution of the Board of Trustees shall be imposed, which must be paid before the water supply is restored. In addition, if it is found necessary for the Water District to dig up a curb box, curb stop, street, main, tap or any other portion of a service line for shutting-off purposes, the complete costs incidental thereto shall be charged against the owner of the premises affected and shall be payable by the owner.
H. The owner of the premises to which water is supplied shall be liable for the payment of the water rents chargeable thereto, whether said premises are used by tenants or otherwise.

§14. Unpaid water rents to become liens.

A. All water rents, penalties and interest thereon and all charges for tapping and any other charges provided for by this article shall be a lien on the real property upon which or in connection with which the water is used in accordance with the provisions of §11-1118 of the New York State Village Law, or, in the case of the SCWA, §1078-f of the New York State Public Authorities Law.
B. Any such lien shall take precedence over all other liens, or encumbrances, except taxes or assessments.

§15. Water use for consumers outside Village prohibited. The use of water from the Village water supply to consumers outside the boundaries of the Village shall be prohibited unless and until the Board of Trustees authorizes use of the Village water supply outside the boundaries of the Village pursuant to the provisions of §11-1120 of the New York State Village Law.

§16. Use of hydrants.

A. No person, other than members of the Fire Department or Village employees or agents in the performance of their duty, shall draw water from a Water district hydrant unless a permit therefor has been granted by the Water District.
B. No connections shall be made to hydrants except by valves or couplings which are readily detachable in the event of emergency. All couplings must be detached immediately after the use of the hydrant for supplying water has ended. In no event shall a coupling remain attached to a hydrant after sundown.
C. Hydrants must be protected against freezing and all other injuries that would impair their efficiency by the person who uses them. If damage is caused while being used, the injured hydrant shall be repaired by the village, and the cost thereof shall be paid by the one who was using it.
D. No hydrant shall be used for any purpose, other than supplying water for firefighting, when the temperature is below 34° F.
E. No wrench shall be used on a fire hydrant unless it is of a design approved by the Water District.
F. Cap chains and caps must be protected against breakage and loss, and caps must be replaced by permittees after every use of a hydrant.
G. Hydrants must be made immediately available to the Fire Department upon demand at any time.

§17. Discontinuances of service.

A. For violation of any provision of this chapter, in addition to the administrative fees and penalties generally applicable, the Water District and/or Superintendent is authorized to disconnect an owner’s service in accordance with the procedures of the New York State Public Service Law §89-b(3-a through 3-c) and to withhold restoration thereof until the violation has been removed.
B. If a consumer desires to discontinue the use of water for a temporary period, the Water District shall be given at least 24 hours’ notice in writing for turning off the water and similar notice for turning it on again. If the temporary discontinuance is during the winter months, the Water District, upon such notice and request, will shut off the service at the curb cock.
C. A fee as set forth by resolution of the Board of Trustees in a “Fee Schedule,” which may be amended from time to time, shall be charged to the consumer to cover on/off service for temporary discontinuance of services or emergency repairs.

§18. Shut-off for permanent vacancy. If a consumer desires to discontinue the use of water due to permanent vacancy, the Water District shall be given at least 24 hours’ notice in writing, accompanied by a fee as set forth by resolution of the Board of Trustees in the Fee Schedule, which may be amended by resolution from time to time, whereupon it will, at the time required, shut off the service and will read and render a special bill for the fractional period and any encumbrances thereon.

§19. Promulgation of additional rules and regulations. Authority is vested in the Water District and/or the Superintendent to make such further rules and regulations as it deems necessary for the proper enforcement of the purposes of this article. The rules and regulations of the SCWA shall apply during the term of the agreement with the SCWA.

§20. Liability of Village and Water District.

A. The Village and the Water District make no guarantee as to amount or consistency of pressure or volume of the water it furnishes and will not under any circumstances be responsible for any loss or damage from any excess, deficiency or variation in the pressure, volume or supply of water or for loss or damage caused by water escaping from, or obstruction in, a service line, due to frost or any other cause or for any loss or damage as a result of water escaping from laterals, fixtures, appliances, or pipes owned by consumers. The Water District shall have the right to shut off the water in the mains temporarily to make repairs, alterations, or additions to the plant or system, but the Village will not be responsible for damages resulting directly or indirectly from any interruption of the water supply.
B. The Village and the Water District will use reasonable care to furnish good, wholesome water, but the Village and the Water District shall not be liable for damages due to the quality thereof, unless it shall have official notice of deficiencies therein and shall fail within a reasonable time to correct the same or to publish in an official Village newspaper a warning against the use thereof for domestic purposes. The Village and the Water District shall not be liable for inconvenience or damage resulting from water of high color or carrying suspended matter.
§21. Penalties for offenses. Penalties for violations of this Article I shall be as provided in Article II, §24.

ARTICLE II

WATER CONSERVATION

§22. Legislative intent. The intent of this article is to restrict the wasteful, inefficient or nonessential use of water due to irrigation of lawns and landscaping, filling of swimming pools, watering of tennis courts, or other uses deemed nonessential for human consumption or sanitary purposes as determined by the Board of Trustees or the SCWA as the water system operator, to establish penalties for violations and to provide for enforcement of water conservation measures in the Village of Dering Harbor for the protection of the health, safety and welfare of the people of the Village. This article is being expanded to include water restrictions, based on reduced water availability, due to possible shutdowns due to system maintenance or repair, and due to shutdown plans by the Water District or SCWA on short-term and long-term bases to perform mandatory maintenance on the water supply infrastructure.

§23. Restrictions on use of water and water consumption.

A. Unless in actual use, all hydrants, taps, fixtures or other outlets must be securely shut off. The unnecessary waste of water is prohibited.
B. Prohibited uses of the Village water supply:

(1) Use of fire hydrants for any purpose is prohibited, except use of a hydrant for fire protection, municipal use or where a hydrant use permit has been authorized pursuant to Article I, §16A.
(2) Use of water from the Village water supply and distribution system to fill swimming pools and spas is prohibited.
(3) Use of water from the Village water supply and distribution system for the watering or irrigation of lawns, gardens or tennis courts by use of hoses and/or sprinkler systems connected to the Village water supply and distribution system is prohibited. Watering or irrigation of lawns and gardens via a connection to a separate private well is permitted. There will be no restrictions on hand-held containers to water vegetables and fruits for human consumption.
(4) Leaks in water connections shall be repaired within 48 hours.

C. No unauthorized person shall open or close any valve, hydrant or curb cock, meter or other fixture or appurtenance connected with the Village water supply and distribution system of the Village. The Water District shall control all mains, taps, gate valves, street service connections, curb stop cocks, curb and gate valve boxes, and meters, and may whenever such facilities are operated or interfered with in any manner that is in violation of these rules and regulations, discontinue the water service to the premises involved in accordance with the provisions of Article I, §17.
D. Limitation on consumption. The Water District shall have the right to curtail the amount of water supplied in the event that its supply becomes limited. The Water District, in case of a shortage of water may limit or prohibit the use of water for any purpose not deemed necessary for the maintenance and protection of public health. Where water is wastefully or negligently used on a consumer’s premises seriously affecting the Village water supply or general service, the Water District may discontinue the service to such premises if conditions are not corrected within 24 hours after giving the consumer written notice, or, if an emergency exists, it may discontinue service at once without notice.
E. Water Restriction Emergency. The Board of Trustees may, by resolution, establish a water restriction emergency due to drought or limited water supply in the Village of Dering Harbor. The water restriction emergency and the restrictions shall remain in effect until the Board of Trustees rescinds, by resolution, the water restriction emergency.

§24. Penalties for offenses.

A. Any violation of any restrictions in this Articles I and II of this Chapter shall be an offense punishable upon conviction by a fine not to exceed $2,500 for the first offense, not to exceed $4,000 for the second offense and not to exceed $5,000 for the third and every subsequent offense or, alternatively, by a maximum of 15 days’ imprisonment for each offense after the second offense.
B. Each day that such a violation continues shall constitute a separate offense for which a fine or imprisonment may be imposed.

Section 3. Authority. This local law is enacted pursuant to Article 11 of the New York State Village Law, as well as Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), 10(2) and 10(4).

Section 4. Severability. If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

Section 5. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Public Hearing:

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, May 9, 2020 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against the following local law entitled: “A Local Law repealing Local Law No. 1 of 1989, Local Law No, 1 of 2007 and Local Law No. 2 of 2007, and adopting a new Chapter entitled Water System and Wells.”

Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Monday, Wednesday or Friday, from 9:00 a.m. to 12:00 noon, or by appointment, and on the Village’s website.

BY ORDER OF THE BOARD OF TRUSTEES
VILLAGE OF DERING HARBOR, NEW YORK