No sewer pipe or water main shall be laid in any street, lane
or alley in this City that has not been accepted as a public highway
by this City.
[Added 6-12-2007 by L.L. No. 4-2007]
A. Authority to inspect. The City of Glens Falls is authorized to inspect
any user of the public water supply to determine the degree of hazard
of potential contamination of the public water system.
B. Inspection and entry. The user of the public water supply shall allow
the City of Glens Falls, or an authorized representative, upon the
presentation of credentials and other documents as may be required
by law, to:
(1)
Enter upon the user of the public water supply's premises for
the purpose of inspecting water and waste piping, or determining the
degree of hazard posed by the user's facilities;
(2)
Have access to and copy, at reasonable times, any records that
must be kept under the conditions of these regulations;
(3)
Inspect at reasonable times any facilities, equipment, practices,
or operations regulated or required under these regulations;
(4)
Inspect any production, manufacturing, fabricating, or storage
where any pollutants regulated under these regulations could originate
or be stored.
C. Existence of hazard or potential hazard. If the City of Glens Falls
determines that any user of the public water system presents a potential
hazard to contamination of the public water system through a cross-connection
between the potable water piping system and any other piping system
within the premises, the following applies:
(1)
The user of the public water system that is determined to have
a potential hazard to contamination of the public water system through
a cross-connection between the potable water piping system and any
other piping system within the premises shall be provided a notice
of hazardous condition.
(2)
Upon receipt of a notice of hazardous condition pursuant to
this section, the user of the public water system shall comply with
the following:
(a)
Submit plans for the installation of an approved "protective
device" to the City of Glens Falls Water and Sewer Department and
the New York State Heath Department within 30 days of receipt of said
notice of hazardous condition. An "approved protective device" shall
be an air gap, reduced-pressure-zone device, double check valve assembly
or equivalent protective device consistent with the hazard posed by
the service connection.
(b)
All designs shall be approved by New York State Department of
Health (NYSDOH) as required by section 5-1.31 of the Public Health
Law (State Sanitary Code).
(c)
Upon approval of said protective device, said protective device
shall be installed within 30 days of said approval in accordance with
the approved plans.
(d)
Following installation, said protective device shall be tested
by an approved backflow device tester within 30 days of the installation,
and annually thereafter.
(e)
Any backflow device tester used to satisfy this subsection must
be certified by NYSDOH in accordance with section 5-1.31 of the Public
Health Law.
(f)
Records of said initial and annual testing shall be provided
to the City of Glens Falls Water and Sewer Department by the user
of the public water system.
(g)
The user of the public water supply shall not establish a separate source of water. However, if the user justifies the need for a separate source of water, the supplier of water shall protect the public water system from a user who has a separate source of water and does not pose a hazard as detailed in Subsection
C(2)(a) of this section in the following manner:
[1]
By requiring the user to regularly examine the separate water
source as to its quality;
[2]
By approving the use of only those separate water sources which
are properly developed, constructed, protected and found to meet the
requirements of sections 5-1.51 and 5-1.52 of Subpart 5-1 of the NYS
Public Health Law; and
[3]
By filing such approvals with the state annually.
(h)
No direct connections between separate sources of water supply
and the public water supply shall be permitted.
(i)
All users of a public water system shall prevent cross- connections
between the potable water piping system and any other piping system
within the premises.
D. Retention of records.
(1)
The user of the public water supply shall retain records of
all testing information, including all calibration and maintenance
records required by this regulation, for a period of at least three
years from the date of the testing. This period may be extended by
request of the City of Glens Falls at any time.
(2)
All records that pertain to matters that are the subject of
special orders or any other enforcement or litigation activities brought
by the City of Glens Falls shall be retained and preserved by the
user of the public water supply until all enforcement activities have
concluded and all periods of limitation with respect to any and all
appeals have expired.
(3)
The City of Glens Falls shall maintain a file for each required
backflow prevention device.
E. Violations.
(1)
Whenever, in the opinion of the City of Glens Falls Water and
Sewer Department, after proper examination and inspection, there appears
to exist a violation of any provision of this chapter, or of any rule
or regulation adopted pursuant thereto, he/she shall serve a written
notice of violation upon the appropriate person responsible for such
alleged violation.
(2)
The Water and Sewer Department shall be entitled to serve such
notice of violation upon the owner, general agent, manager, tenant,
or any party occupying said premises during the period of the violation.
(3)
Notice of violation. Such notice may be served upon the person
to whom it is directed whether by delivering it personally to him/her,
or by posting the same upon a conspicuous portion of the building
under construction or premises in use and by sending a copy of the
same to the person or persons responsible by certified mail. Such
notice of violation shall inform the recipient of:
(a)
The nature and details of such violation;
(b)
Recommended remedial action which, if taken, will effect compliance
with the provisions of this chapter and with rules and regulations
adopted pursuant thereto;
(c)
The date of compliance by which the violation must be remedied
and or removed.
(4)
Court action. If the party receiving the notice of violation
fails to take the recommended action to bring the property into compliance
within the time limit set forth in said notice, then said violation
shall be considered an offense. Upon the occurrence of an offense,
the Water and Sewer Department may bring an enforcement action through
the issuance of an appearance ticket and a prosecutor's information
This appearance ticket may be issued by the City Engineer and/or the
highest-ranking member of the Water and Sewer Department.
(a)
The appearance ticket and a prosecutor's information setting
forth the allegations of the violation of this section shall be served
on the party that was served the notice of violation and failed to
comply therewith.
(b)
The appearance ticket and the prosecutor's information shall
be filed with the City Court, and the Water and Sewer Department is
authorized to prosecute all such violations as violations of the City
Code of the City of Glens Falls.
(c)
The appearance ticket and prosecutor's information may be served
via certified mail or personal service. Following service, the party
that is alleged to have violated this section shall have the right
to contest the prosecution of said violation in City Court.
(d)
If the Court finds that the party that was served with the notice
of violation is guilty of violating said provisions on the basis of
the preponderance of evidence, the Court may impose a fine as set
forth below.
(e)
Fines. If the Court finds that an offense has occurred, said
offense shall be punishable by a fine of not more than $1,000 for
each offense.
(f)
Continuing offense. If the Court finds an offense has occurred
for more than 30 days, then each 30 days that the offense has existed
after the notice of violation was served shall constitute an additional
offense. The Court may assess a fine of $1,000 for each additional
offense.
(g)
Additional Court action. The imposition of penalties herein
prescribed shall not preclude the Water and Sewer Department of the
City of Glens Falls, or the City of Glens Falls from instituting any
appropriate legal action or proceeding in a court of competent jurisdiction
to: prevent an unlawful construction, reconstruction, alteration,
repair, conversion, maintenance of use, or use of a property; or to
restrain the continuing use or construction of a property, or to compel
the party to correct or abate a condition.
(5)
Imminent hazard disconnection. When a customer's facilities
are determined by the City Engineer or the highest-ranking member
of the Water and Sea Department to present an imminent hazard with
a high risk of contaminating the public water system, the City Engineer
or highest-ranking member of the Water and Sewer Department may order
water service discontinued to the customer immediately, without advance
notice or warning.