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Hempstead, NY Water Use Rules: Leak Reporting Duty (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Duty
Customer must promptly notify Department of leak
Replacement cost
Free unless customer negligence caused damage
Billing fix
Adjustment available under § 70-6
Meter test fee
$10 if meter passes accuracy test
Enforcement
Water service discontinuance for noncompliance

Summary

Under Hempstead Code § 70-10, water customers connected to the Town of Hempstead Department of Water must notify the Department promptly of any leaking water meter or malfunctioning remote reading device. The duty falls on the customer, and the Department replaces failed equipment free of charge unless the customer's own negligence caused the damage.

§ 70-10. Improper functioning of water meters or remote reading devices.

A. In the case of a leaking meter or a remote reading device requiring repair, the customer shall, with all diligence, give timely notice thereof to the Department.

B. If it is found necessary to remove a meter and/or remote reading device for servicing, another meter and/or remote reading device shall be installed by the Department with no charge to the customer, except as herein provided in Subsection D hereof.

C. If an improper functioning meter results in inaccurate billing, the Department is herein authorized to provide a billing adjustment to correct any inaccuracy in accordance with § 70-6.

D. The costs for all repairs to meters and remote reading devices damaged due to customer or tenant negligence shall be the responsibility of the owner.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).

Full Breakdown

The Town of Hempstead Department of Water owns every meter and remote reading device on a customer's property under § 70-8A and is responsible for servicing it, but the customer carries the day-to-day duty to speak up. Hempstead Code § 70-10A requires that when a meter or remote reader is leaking or otherwise malfunctioning, the customer "shall, with all diligence, give timely notice thereof to the Department." That duty exists because meters must stay "readily accessible at all times for service, inspection or repair by the Department" under § 70-9A, and the Department periodically tests meters against accuracy standards under § 70-11C.

Once notified, the Department replaces a defective meter or remote reader at no charge under § 70-10B, unless removal is required only because the customer or a tenant damaged the equipment through negligence, in which case § 70-10D shifts the repair cost to the owner. If the leak or malfunction caused an inaccurate bill, § 70-10C lets the Department issue a billing adjustment under the correction procedure at § 70-6, which requires the customer's adjustment request to carry written Department approval.

Customers can also request an independent meter test under § 70-11A: if the meter tests within specified accuracy limits, the customer pays a $10 test fee; if it fails the test, there is no charge and any inaccurate billing is corrected. Meter tampering, covered separately at § 70-12, is a distinct and more serious offense subject to misdemeanor prosecution, and is not the same violation as simply failing to report a leak.

Violations & Fines

A customer who ignores a leaking meter and lets an offense against Article I of Chapter 70 continue is subject to discontinuance of water service under § 70-48B, which stays in effect "until such time that the requirements of Article I of this chapter have been fully complied with." Repairs necessitated by the customer's own negligence are billed to the owner under § 70-10D, and the Department may also pursue an injunctive action to compel compliance under § 70-48D.

Frequently Asked Questions

Who pays to fix a leaking water meter in the Town of Hempstead?
The Department of Water repairs or replaces the meter at no charge under § 70-10B once you report the leak. You only pay if the damage came from your own negligence or a tenant's, which shifts the repair cost to you as the owner under § 70-10D.
What happens if I don't report a leaking water meter?
Failing to notify the Department is an offense against Article I of the water chapter, and the Department can discontinue your water service under § 70-48B until you comply. The Department may also seek a court order compelling compliance under § 70-48D.
Can I get a bill credit for water lost through a leaking meter?
Yes. Section 70-10C lets the Department issue a billing adjustment once an improper functioning meter is shown to have caused inaccurate billing, following the correction procedure in § 70-6, which requires the Department's written approval of the adjustment.
How do I test my water meter for accuracy?
Request a test from the Department under § 70-11A. You must be present when it's tested. If the meter reads within specified limits you pay a $10 fee; if it fails the accuracy test, there's no charge and the Department corrects your bill.

Sources & Official References

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