Town of Goshen, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Goshen as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 79.
Water — See Ch. 93.
Wells — See Ch. 95.
[Adopted 2-27-1997 by L.L. No. 3-1997]

§ 96-1 Legislative intent.

The purpose of this article is to safeguard the potable water supply from potential contamination by preventing backflow from a water user's system into the public water system and to comply with the requirements of the New York State Sanitary Code, 10 New York Code of Rules and Regulations, Part 5, § 5-131. This is to be accomplished by:
A. 
Requiring an approved air gap, reduced-pressure zone device, double-check valve assembly or equivalent protective device, consistent with the degree of hazard posed by any service connection;
B. 
Requiring the users of such connections to submit plans for the installation of protective devices to the Building Inspector and the Orange County Department of Health and/or New York State Department of Health for approval; and
C. 
Assuring that all protective devices be tested at least annually, records of which shall be submitted by the property owner to and maintained by the Building Inspector.

§ 96-2 Backflow prevention devices required.

A. 
All nonresidential users of the public water system and all residential users of the public water system having an auxiliary water supply, including but not limited to a private well, lawn sprinkler or irrigation system, shall be required to comply with this article.
B. 
Any installation, service, maintenance, testing, repair or modification of a backflow prevention device shall be performed in accordance with the requirements of the Town of Goshen and the New York State Plumbing Code. For purposes of this article, a backflow prevention device is an approved air gap, reduced-pressure zone device, double-check valve assembly or equivalent protection device designed to prevent potential contamination of a public water system.
C. 
Backflow prevention devices conforming to the most current requirements of the New York State Department of Health and the Orange County Department of Health shall be installed by the owner of those systems pursuant to the rules of those departments in force at the time of the installation.
D. 
A certificate of occupancy shall not be issued by the Building Inspector for new or modified/renovated/rehabilitated structures having a system classified by the Department of Health or determined by the Building Inspector as hazardous, unless a backflow prevention device has been installed and approved pursuant to this article and Department of Health requirements.
E. 
The cost to install a backflow prevention device shall be borne by the owner of the property.
F. 
The Town Building Inspector or his/her designee shall make a determination as to whether a property owner requires a backflow prevention device and the type of device in accordance with this article and the New York State Department of Health and the Orange County Department of Health requirements and regulations.

§ 96-3 Upgrade of preexisting systems.

Any preexisting system that does not contain a backflow prevention device shall be upgraded so as to comply with the current requirements of this article and of the New York State Department of Health and the Orange County Department of Health within 120 days following the service of notice, by certified mail, to install said device.

§ 96-4 Determination of type of backflow prevention device.

A. 
The Building Inspector or his/her designee shall determine the type of device required for each property and facility. In making this determination, the Building Inspector shall utilize the Sample List of Facilities Requiring Backflow Prevention, prepared by the Department of Health, and, if necessary, shall consult with the Orange County Department of Health.
B. 
Cross-connection control by facility type.
(1) 
The types of facilities which shall require installation of an approved reduced-pressure zone (RPZ) or air gap in the service connection to the public water distribution system include, but are not limited to:
(a) 
Sewage and industrial wastewater treatment plants, pumping stations and sewer flushers;
(b) 
Paper manufacturing or processing, dye plants, petroleum processing, printing plants, chemical manufacturing or processing, industrial fluid systems, steam generation, rubber processing and tanneries;
(c) 
Canneries, breweries, food processing, milk processing, ice manufacturing, meat packers, poultry processing and rendering companies;
(d) 
Hospitals, clinics, laboratories, veterinary hospitals, mortuaries and embalmers;
(e) 
Shipyards and marinas;
(f) 
Metal plating, photo processing, laundries, commercial car washes, commercial refrigeration systems and dry-cleaning establishments;
(g) 
Commercial greenhouses, spraying and irrigation systems using weedicides, herbicides and exterminators;
(h) 
Boiler systems, cooling towers or internal fire-fighting systems using conditioners, inhibitors and corrosion control chemicals;
(i) 
Residential units with lawn and irrigation systems, with chemical injection.
(2) 
The types of facilities which shall require installation of an approved double-check valve in the service connection of the public water distribution system include, but are not limited to:
(a) 
Customer fire protection loops; fire storage tanks with no chemical additives;
(b) 
High temperature potable water;
(c) 
Utilization of food grade dyes;
(d) 
Complex plumbing systems in commercial buildings such as, but not limited to, beauty salons, churches, apartment buildings, gas stations, supermarkets, nursing homes, construction sites and carnivals;
(e) 
Residential units with lawn and irrigation systems.
(3) 
The above lists are not all inclusive. The type of backflow prevention device required for each facility shall be determined by the Building Inspector or his/her designee as set forth above.

§ 96-5 Testing; owner liability for costs.

The testing of backflow prevention devices shall be performed on an annual basis by the owner of any system requiring the same, and the cost of such testing shall be borne by the owner of the system. The testing procedures shall conform to the requirements of the New York State Department of Health and the Orange County Department of Health. Test results shall be submitted to the Building Inspector.

§ 96-6 Department of Health requirements.

The Building Inspector shall enforce this article and the cross-connection and backflow prevention requirements, specifications, guidelines, facilities and classifications of the New York State Department of Health and the Orange County Department of Health. Specifications, guidelines, facilities, classifications and other administrative requirements and information which shall be used to implement the requirements shall be on file in the Building Inspector's office.

§ 96-7 Penalties for offenses; discontinuation of service.

In addition to, and not in lieu of, any other penalty set forth in this article, any person who violates any provision of this article shall be subject to a fine not to exceed $250 for each day the violation continues after notice by the Building Inspector. In addition, the service of water to any premises may be discontinued by the Town if backflow prevention devices required by this article or regulations adopted pursuant thereto are not installed, tested and maintained; if any defects are found in an installed backflow prevention device; if it is found that the backflow prevention device has been removed or bypassed; or if an unprotected cross-connection exists on the premises; and water service shall not be restored until such condition or defect is corrected.
[Adopted 6-12-1997 by L.L. No. 5-1997]

§ 96-8 Purpose.

In response to the increasing development in the Town of Goshen and the potential impact of the drilling of new wells or the increased utilization of existing wells in the Town, the Town Board hereby finds that certain safeguards must now be implemented to ensure that the development of new water usage will not harm or detrimentally affect existing supplies.

§ 96-9 Application; notification; liability.

Unless specifically exempted from this requirement, persons or business entities of any kind wishing to operate a pump for more than 24 hours in any new or existing well at a rate of 10 gallons per minute (GPM) or more within the Town shall, before engaging in any such activity:
A. 
Submit an application with a fee of $300 to the Town Clerk with the following information:
(1) 
The name(s) and addresses (both local and legal) of owners of record.
(2) 
The names and addresses of developers and any companies to be used in doing open well testing or well drilling.
(3) 
The dates and times of proposed testing.
(4) 
Pump horsepower and estimated volume in GPM of testing.
B. 
Notify, by certified mail, return receipt requested, property owners within 1,000 feet of the well to be tested at least 10 days before the commencement of testing, of the specific dates and times that tests are to be conducted.
C. 
Sign an agreement, to be provided by the Town of Goshen, to save and hold harmless the Town of Goshen, its boards and departments from any claims or damages which may arise by reason of said testing.

§ 96-10 Review of application approval.

The Town Engineer shall review and, if all appropriate information has been provided, approve any well testing covered by this article. Such approval shall be indicated on the completed application, showing the date and time given. In so doing, the Town Engineer may cause the applicant to send notices to an enlarged area for good cause. The Town Engineer may also require the applicant to conduct an interference study and monitor as many adjacent wells as he deems necessary to fulfill the purpose of this article.

§ 96-11 Penalties for offenses.

Any violations of this article shall be prosecuted by the Town of Goshen Attorney upon the sworn deposition of the Town Engineer in the Town of Goshen Justice Court. The penalty for any such violation shall not be more than $1,000 for a first offense.