[HISTORY: Adopted by the Town Board of the Town of Royalton 2-10-1992 by L.L. No. 1-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Drainage systems — See Ch. 55.
Sewers — See Ch. 135.
Water — See Ch. 183.
The purpose of this chapter is:
A. 
To protect the public drinkable water supply of that portion the Town of Royalton outside the Village of Middleport from the possibility of contamination by isolating within its customers' internal distribution system(s) or its customers' private water system(s) such contaminations or pollutants which could backflow into the public water supply system; and
B. 
To comply with the requirements of the New York State Sanitary Code § 5-1.31.
The Town Superintendent shall be responsible for the protection of all Town of Royalton water distribution systems from contamination due to the backflow of contaminants through the water service connection. If, in the judgment of said Superintendent, an acceptable backflow prevention device is required at any Town water service connection to any customer's premises, for the safety of the water system, the Superintendent or his designated agent shall give notice in writing to said customer to install such acceptable backflow prevention device at each service connection to this premises. The customer shall install at such reasonable time as determined by the Town Water and Sewer Superintendent, such approved device or devices at his own expense; and failure, refusal or inability on the part of the customer to install said device or devices shall immediately constitute a ground for discontinuing water service to the premises until such device or devices have been properly installed.
As used in this chapter, the following terms shall have the meanings indicated:
ACCEPTABLE BACKFLOW PREVENTION DEVICE
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 device 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.
AESTHETICALLY OBJECTIONABLE FACILITY
One in which substances are present which, if introduced into the public water supply system, could be a nuisance to other water customers, but may not adversely affect human health. Typical examples of such substances are: food-grade dyes, hot water, stagnant water from fire lines in which no chemical additives are used, etc.
AIR GAP
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.
APPROVED
Accepted by the Town of Royalton Water and Sewer Superintendent as meeting an applicable specification stated or cited in this chapter or as suitable for the proposed use.
AUXILIARY WATER SUPPLY
Any water supply on or available to the premises other than a Town of Royalton approved public water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural source(s) such as a well, spring, stream, rain water, etc., or used 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.
BACKFLOW
A flow condition, induced by a differential in pressure, that causes the flow of water or other liquids and/or gasses into the distribution pipes of any Town of Royalton water supply system from any source other than its intended source.
CERTIFIED TESTER
That individual or firm approved to accomplish the necessary inspections and operational tests of backflow prevention devices.
CONTAMINATION
The presence in water of a substance that tends to degrade its quality.
CROSS-CONNECTION
Any connection which allows or potentially allows for the intermingling of water from any auxiliary water supply or any substance from any other unauthorized source with water from a Town of Royalton approved public water supply.
CUSTOMER
A water user served by a Town of Royalton water supply system.
CUSTOMER'S WATER SYSTEM
The piping used to convey water supplied by a Town of Royalton water 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 Department. 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 Town or District distribution system.
DEGREE OF HAZARD
Whether a facility is rated as "hazardous" or "aesthetically objectionable."
DOUBLE CHECK VALVE ASSEMBLY, ACCEPTABLE
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.
HAZARDOUS FACILITY
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, mortuaries.
PUBLIC WATER SUPPLY SYSTEM
The Town of Royalton water supply system, including the source, treatment works, 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.
REDUCED-PRESSURE-ZONE DEVICE, ACCEPTABLE
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 shall be less than the upstream (supply) pressure. In case of 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.
SUPERINTENDENT
The Superintendent of the Town of Royalton Water and Sewer Department or other person duly authorized by the Town Board to act in such capacity.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The customer's water system shall be open for inspection at all reasonable times to authorized representatives of the Town of Royalton.
B. 
The Town of Royalton 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 and availability of contaminants, the availability of an auxiliary water supply and the type of firefighting system in use.
C. 
Upon transfer by sale of a premises connected to the public water supply system, an inspection of the facility will be conducted by the Water and Sewer Superintendent or his authorized representative. If found upon inspection that the facility does not meet the minimum requirements set forth by this chapter, the facility must be brought up to minimum standards before the new owner will be permitted to draw water from the public water supply.
D. 
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) 
Whenever a customer's water system is rated hazardous, an acceptable reduced-pressure-zone device or air gap shall be installed.
(2) 
Whenever a customer's water system is rated aesthetically objectionable, as a minimum, an acceptable double check valve assembly shall be installed. Unless otherwise determined by the Water and Sewer Superintendent, one- and two-family residential water systems shall be deemed to have an aesthetically objectionable rating.
E. 
The design of the installation of an acceptable backflow prevention device must be prepared in accordance with New York State laws and regulations. The design must be approved by the Superintendent and all agencies required by the applicable New York State and Town of Royalton laws and regulations.
F. 
It shall be the duty of the customer at any premises classified as hazardous pursuant to Subsection D(1) above where a reduced-pressure-zone device is required, to have certified inspections and operational tests made at least once a year. In those instances where the Superintendent deems the hazard to be great enough; he may require certified inspections at more frequent intervals. Certified inspections and operational tests must also be made when any reduced-pressure-zone device is to be installed, repaired, overhauled or replaced, in addition to the requirement of an annual certified inspection and operational test. All inspections and tests shall be at the expense of the customer and shall be performed by the device manufacturer's representative, Town of Royalton personnel, or by a certified tester approved by the Town of Royalton Water and Sewer Superintendent. The Town Water Department shall make available the names, addresses and telephone numbers of those persons who are certified as testers for such backflow prevention devices. It shall be the duty of the Superintendent to see that such certified inspections and operational tests are made. The customer shall notify the Superintendent in advance, in writing, when the tests are to be undertaken so that he or his representative may witness the tests if the Superintendent so desires. These devices shall be repaired, overhauled or replaced at the expense of the customer whenever said devices are found to be defective. Records of such tests, repairs and overhauls shall be kept and made available to the Water and Sewer Superintendent. Copies of all testing and maintenance records shall be sent to the Superintendent immediately after the work is performed.
G. 
All presently installed prevention devices which do not meet the requirements of this section but were approved devices for the purposes described herein at the time of installation and which have been properly maintained, shall, except for the inspection and maintenance requirements under Subsection F, be excluded from the requirements of these rules so long as the Superintendent is satisfied that they will satisfactorily protect the utility system. Whenever the existing device is moved from the present location or requires more than minimum maintenance, it constitutes a hazard to health and the unit shall be replaced by a backflow prevention device meeting the requirements of this section.
H. 
No water service connection to any customer's water system shall be installed or maintained by the Town of Royalton Water Department unless the water supply is protected as required by State laws and regulations and this chapter. Service of water to any premises shall be discontinued by the Town of Royalton Water Department if a backflow prevention device required by this chapter is not installed, tested and maintained, or if 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.
I. 
No customer shall allow any water from an auxiliary water supply to enter any portion of the customer's internal distribution system which is connected directly or indirectly to any Town of Royalton public water supply.
A. 
A violation of any of the provisions of § 43-4 of this chapter is a misdemeanor punishable by a fine not to exceed $1,000 or by imprisonment not exceeding six months, or by both such fine and imprisonment. In lieu of, or in addition to such fine and imprisonment or both, each such violation shall be subject to a civil penalty not exceeding $1,000 for any one case, to be recovered in an action or proceeding brought by the Town of Royalton 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 Town of Royalton may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with this chapter or restrain by injunction any violation of this chapter, notwithstanding the provisions of Subsection A hereof for a penalty or other punishment.
C. 
Where any violation of this chapter causes expense to the Town, such violation may also be punishable by a civil suit against the violator, brought by the Attorney for the Town in the name of the Town in a court of competent jurisdiction, to recover such additional cost.