[HISTORY: Adopted by the Town Board of the
Town of Babylon: Art. I, 1-7-1986 by L.L. No. 1-1986. Amendments noted where applicable.]
[Adopted 1-7-1986 by L.L. No. 1-1986]
The purpose of this article is to:
A.
Protect the public potable water supply of the East
Farmingdale Water District of the Town of Babylon from the possibility
of contamination by isolating within its customers' internal distribution
systems or its customers' private water systems such contaminations
or pollutants which could backflow into the public water supply system.
B.
Comply with the requirements of the New York State
Sanitary Code 5-1.31.
The East Farmingdale Water District Superintendent
shall be responsible for the protection of the district's distribution
systems from contamination due to the backflow of contaminants through
the water service connection. An acceptable backflow-prevention device
shall be required, at the district's 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 an acceptable backflow-prevention device at each service
connection to his premises. The customer shall immediately install
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 immediately shall constitute a ground for discontinuing water
service to the premises until such device or devices have been properly
installed.
As used in this article, the following terms
shall have the meanings indicated:
A reduced-pressure-zone device. In order for the reduced-pressure-zone
device to be acceptable, it must be listed on the most current version
of the New York State Department of Health's list of acceptable devices.
Accepted by the East Farmingdale Water District Superintendent
as meeting an applicable specification stated or cited in this chapter.
A water user served by the East Farmingdale Water District
supply system.
The piping used to convey water supplied by the East Farmingdale
Water District supply system throughout a customer's facility. The
system shall include all those parts of the piping beyond the control
point of the East Farmingdale Water District. The control point shall
be the water main.
The East Farmingdale Water District 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.
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.
The Superintendent of the East Farmingdale Water District.
A.
The customer's water system shall be open for inspection
at all reasonable times to authorized representatives of the East
Farmingdale Water District.
B.
An acceptable backflow-prevention device shall be
installed on each service line to a customer's water system immediately
inside the building being served, but in all cases, before the first
branch line leading off the service line.
C.
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 Suffolk
County laws and regulations.
D.
It shall be the duty of the customer, at any premises
where backflow-prevention devices are installed, 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 backflow-prevention
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
or by a certified tester approved by the East Farmingdale Water District
Superintendent. The East Farmingdale Water District shall make available
the names, addresses and telephone numbers of those persons which
are certified as testers for backflow-prevention devices. It shall
be the duty of the Superintendent to see that certified inspection
and operational tests of the backflow-prevention devices are made.
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 overhaul shall be kept and made available
to the Water District Superintendent. Copies of all testing and maintenance
records shall be sent to the Superintendent immediately after the
work is performed.
E.
All presently-installed prevention devices which do not meet the requirements of this section shall be retrofitted or modified to meet the requirements of Subsection B of this section.
F.
No water service connection to any customer's water
system shall be installed or maintained by the East Farmingdale Water
District 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 East Farmingdale Water District if a
backflow-prevention device required by this article 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.
[Amended 4-27-2022 by L.L. No. 10-2022]
A.
A violation of the provisions of § 211-4 of this article is a misdemeanor punishable by a fine of not less than $250 nor more than $1,000 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Any person found by the Bureau of Administrative Adjudication to have violated this article is likewise subject to a monetary penalty of not less than $250 nor more than $500.
B.
In lieu
of, or in addition to, the foregoing, 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 Attorney
of the Town of Babylon in a court of competent jurisdiction. Each
day of a continuing violation shall be subject to a separate such
fine, imprisonment or civil penalty.
C.
The Town Attorney may maintain an action or proceeding in the name of the Town 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 § 211-5A hereof for a penalty or other punishment.
D.
Where any violation of this article causes expense
to the Town, such violation may also be punishable by a civil suit
against the violator, brought by the Town Attorney of the Town of
Babylon in the name of the Town in a court of competent jurisdiction,
to recover such additional cost.
