[HISTORY: Adopted by the Board of Trustees
of the Village of Holley as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-17-1939 as Ch. 23]
[Amended 10-12-2004 by L.L. No. 3-2004]
No person, firm or corporation shall hereafter
make connection with the Village water system of the Village of Holley,
or make any repairs to any Village water pipe line, or commence any
digging or excavation in connection with the installation or in repair
of any such water line without first obtaining a permit, in form prescribed
by the Board of Trustees for the doing of such work, from the Village
Clerk, prior to the commencement thereof; and without indemnifying
the Village against any and all claims, of every kind and nature,
for damages either to person or property arising from the doing of
such work or repairs; and without executing and delivering to the
Village a bond or undertaking in the sum as set from time to time
by resolution of the Board of Trustees, with at least two personal
sureties, or a duly incorporated surety company, to be approved by
the Board of Trustees of the Village as to form and sufficiency thereof,
conditioned that the applicant will do and complete such work in a
proper and workmanlike manner, and replace and level off all excavations
to the satisfaction of the Board of Trustees, and further to indemnify
the Village against any and all claims which may be made against it
in any manner and for any cause by or on account of the doing of such
work.
A.
Any person who shall violate the foregoing section
shall forfeit and pay to the Village of Holley $100 for each and every
violation thereof, to be recovered with the costs of the suit.
B.
In addition to the penalty above prescribed, it is
hereby ordained that a violation of this article shall constitute
disorderly conduct and that the person violating the same shall be
a disorderly person; and such violation shall constitute disorderly
conduct, and such person shall be a disorderly person.
[Adopted 9-10-1998 by L.L. No. 4-1998]
The proper functioning and operation of the
water and sanitary sewer system in the Village of Holley is a matter
of significant and immediate concern to the health and welfare of
Village residents. It is necessary to protect residents and the public
potable water supply of the Village of Holley, Orleans County, New
York from the possibility of contamination by isolating within its
customers' internal distribution system(s) or its customers' private
water system(s) such contaminants or pollutants which could backflow
into the public water system. The findings herein are consistent with
the requirements of the New York State Sanitary Code 5-1.31.
The Village of Holley Water Department shall
be responsible for the protection of the Village of Holley distribution
system from contamination due to the backflow of contaminants through
the water service connection. If, in the judgment of said Water Department,
an acceptable backflow prevention device is required at the Village's
water service connection to any customer's premises for the safety
of the water system, the Water Department or its designated agent
shall give notice in writing to said customer to install such an acceptable
backflow prevention device at each service connection to this premises.
The customer shall immediately install such approved device or devices
at his own expense. Failure, refusal or inability on the part of the
customer to install said device or devices immediately shall constitute
a basis for immediately discontinuing water service to the premises
until such device or devices have been properly installed, in order
to preserve and protect the potability of public water supply.
As used in this article, the following terms
shall have the meanings indicated:
An acceptable air gap, reduced pressure zone device or double
check valve assembly as used to contain potential contamination within
a facility. In order for the reduced pressure zone or the double check
valve assembly to be acceptable it must be listed on the most current
version of the New York State Department of Health List of Acceptable
Devices.
One in which substances are present, which if introduced
into public water supply system could be a nuisance to other water
customers, but would not adversely affect human health. Typical examples
of such substances are food-grade dye, hot water, stagnant water from
fire lines in which no chemical additives are used, etc.
The unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet supplying water
to a tank, plumbing fixture or other device and the flood level rim
of said vessel. An approved air-gap shall be at least double the diameter
of the supply pipe, measured vertically, above the top of the rim
of the vessel; and in no case less than one inch.
Accepted by the Village of Holley Water Department as meeting
an applicable specification stated or cited in this article or as
suitable for the purposed use.
Any water supply on or available to the premises other than
the Village of Holley's approved public water supply. These auxiliary
waters may include water from another purveyor's potable water supply
or any natural source(s) such as a well, spring, river, stream, lake
or pond, etc., or use waters. These waters may be contaminated or
they may be objectionable and constitute an unacceptable water source
over which the water purveyor does not have sanitary control.
A flow condition, induced by a differential in pressure,
that causes the flow of water or other liquids and/or gases into the
distribution pipe of the Village of Holley supply system from any
source other than its intended source.
That individual or firm approved to accomplish the necessary
inspections and operational tests of backflow prevention devices.
The presence in water of a substance that tends to degrade
its quality.
A water user served by the supply system.
The piping used to convey water supplied by the Village of
Holley supply system throughout a customer's facility. The system
shall include all those parts of the piping beyond the control point
of the Town water systems. The control point is either the curb valve
or the main valve located in the public right-of-way that isolates
the customer's facilities from the Village distribution system.
Whether a facility is rated as “hazardous,” “aesthetically
objectionable” or “nonhazardous.”
An assembly composed of two single, independently acting
check valves, including tightly closing shutoff valves located at
each end of the assembly and suitable connections for testing the
watertightness of each check valve.
One in which substances may be present which if introduced
into the public water system would or may endanger or have an adverse
effect on the health of other water customers. Typical examples: laboratories,
sewage treatment plants, chemical plants, hospitals, and mortuaries.
One which does not require the installation of an acceptable
backflow prevention device.
The entire Village of Holley system, including the source,
transmission mains, distribution system and storage facilities serving
the public. This includes the distribution system up to its connection
with the customer's water system.
A device containing a minimum of two independently acting
check valves, together with an automatically operated pressure differential
relief valve located between the two check valves. During normal flow
and at the cessation of normal flow the pressure between these two
checks leakage of either check valve; the differential relief valve,
by discharging to the atmosphere, shall operate to maintain the pressure.
The unit must include tightly closing shutoff valves located at each
end of the device, and each device shall be fitted with properly located
test cocks.
Licensed water operations or the Village Engineer of the
Village of Holley.
A.
The customer's water system shall be open for inspection
at all reasonable times to authorized representatives of the Village
of Holley.
B.
The Water Department and/or Village Engineer shall
rate a customer's water system according to its degree of hazard to
the public water supply system. Some of the factors to be considered
are the use of contaminants, the availability of an auxiliary water
supply and the type of fire-fighting system in use.
C.
An acceptable backflow prevention device shall be
installed on each service line to a customer's water system at or
near the property line or immediately inside the building being served,
but in all cases, before the first branch line leading off the service
line as follows:
(1)
All new or replacement water services to one- or two-family
residential buildings will require installation of a residential dual
check device immediately downstream of the water meter. The dual check
device will be provided by the Water Department.
(2)
All new or replacement water services to multiple-family
(three or more units) residential buildings will require installation
of an acceptable backflow prevention device, the type of which is
dependent on the degree of hazard present. As a minimum, residential
dual check devices will be required. The backflow prevention device
will be provided by the customer.
(3)
All new or replacement water services to commercial
and industrial facilities will require the installation of an acceptable
backflow prevention device, the type of which is dependent on the
degree of hazard present as determined by the Water Department. As
a minimum, a double check valve assembly will be required. The backflow
prevention device will be provided by the customer.
(4)
Whenever a customer's water system is rated hazardous,
an acceptable reduced pressure zone device or air gap shall be installed.
(5)
Whenever a customer's water system is rated aesthetically
objectionable, as a minimum, an acceptable double check valve assembly
shall be installed.
D.
The design of the installation of an acceptable backflow
prevention device must be prepared in accordance with New York laws
and regulations. The design must be approved by the Water Department
and all agencies required by the applicable New York State and Village
of Holley laws and regulations. All plans and specifications for cross-connection
control devices installed or to be installed in the water system shall
be prepared by a New York State licensed professional engineer and
approved by the New York State Department of Health.
[Amended 10-12-2004 by L.L. No. 5-2004]
E.
It shall be the duty of the customer at any premises
where backflow prevention devices are installed, except residential
dual check devices, to have certified inspections and operational
tests made at least once a year. In those instances where the Water
Department deems the hazard to be great enough, it may require certified
inspections at more frequent intervals. Certified inspections and
operational tests must also be made when any backflow prevention device
is to be installed, repaired, overhauled, or replaced, in addition
to the requirement of an annual certified inspection at the expense
of the customer and shall be performed by the device manufacturer's
representative, witnessed by the Village of Holley representative,
or by a certified tester approved by the New York State Health Department.
The Village of Holley has addresses, and telephone numbers of persons
which are certified as testers for backflow prevention devices. It
shall be the duty of the Water Department to see that certified inspection
and operational tests of the backflow prevention devices are made.
The customer shall notify the Water Department in advance, in writing,
when the tests are undertaken so that the Department's representative
may witness the test if it is so desired. Records of inspection, operational
tests, repairs and overhaul shall be kept and made available to the
water purveyor and the Orleans County Health Department upon request.
[Amended 10-12-2004 by L.L. No. 5-2004]
F.
All presently installed prevention devices which do not meet the requirements of this section but were approved devices for the purpose described herein at the time of installation and which have been properly maintained, shall, except for the inspection and maintenance requirements under Subsection E, be excluded from the requirements of these rules so long as the Water Department is assured that they will satisfactorily protect the utility system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or constitutes a hazard to health, the unit must be replaced by a backflow prevention device meeting the requirements of this section.
G.
No water service connection to any customer's water
system shall be installed or maintained by the Village of Holley unless
the water supply is protected as required by state laws and regulations
and this article. Service of water to any premises shall be discontinued
by the Village of Holley Water Department if a backflow prevention
device required by this article is not installed, tested, and maintained,
or it is found that a backflow prevention device has been removed
or bypassed. Service will not be restored until such conditions or
defects are corrected.
A.
A violation of the provision of § 254-6 of this article is a misdemeanor punishable by a fine not to exceed $1,000 for any one case, to be recovered in an action or proceeding brought by the Attorney for the Village of Holley in a court of competent jurisdiction. Each day of a continuing violation shall be subject to a separate such fine, imprisonment or civil penalty.
B.
The Attorney for the Village of Holley may maintain an action or proceeding in the name of the Village of Holley in a court of competent jurisdiction to compel compliance with this article or restrain by injunction any violation of this article, notwithstanding the provisions of Subsection A hereof for a penalty or other punishment.
C.
Where any violation of this article causes expense
to the Village of Holley, such violation may also be punishable by
a civil suit against the violator, brought by the Attorney for the
Village of Holley in the name of the Village of Holley in a court
of competent jurisdiction, to recover such additional cost.
