[HISTORY: Adopted by the Town Board of the Town of Livonia as indicated
in article histories. Amendments noted where applicable.]
[Adopted 1-5-1995 by L.L.
No. 1-1995]
The purpose of this article is to:
A.
Protect the public potable water supply of the Town of
Livonia, Livingston 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 contaminations or pollutants which
could backflow into the public water system.
B.
Comply with the requirements of the New York State Sanitary
Code 5-1.31.
The Town of Livonia Water Department shall be responsible for the protection
of the Town of Livonia 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 town's water service connection to any customer's premises for the
safety of the water system, the Water Department or their 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; 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:
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 the
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 dyes, 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 Town of Livonia Water Department as meeting an applicable
specification stated or cited in this article or as suitable for the proposed
use.
Any water supply on or available to the premises other than the Town
of Livonia'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 Town of Livonia 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 Town of Livonia's
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 town
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 include laboratories,
sewage treatment plants, chemical plants, hospitals and mortuaries.
One which does not require the installation of an acceptable backflow
prevention device.
The entire Town of Livonia system (Hemlock, Livonia Center, South
Livonia, Lakeville Water Districts), 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 check valves shall be less
than the 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.
Licensed water operators or Town Engineer of the Town of Livonia.
A.
The customer's water system shall be open for inspection
at all reasonable times to authorized representatives of the Town of Livonia.
B.
The Water Department and/or Town 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 availability
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 assemble shall
be installed.
D.
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 Water Department and all
agencies required by the applicable New York State and Town of Livonia laws
and regulations.
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, they 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 Town of Livonia representative or by a certified
tester approved by the New York State Health Department. The Town of Livonia
has addresses and telephone numbers of persons who 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.
F.
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 § 142-4E, 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 Town of Livonia 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 Town of Livonia 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 provisions of § 142-4 of this article is a misdemeanor punishable by a fine not to exceed $1,000 or imprisonment for a term of not more than one year, or both, for any one case, to be recovered in an action or proceeding brought by the Attorney for the Town of Livonia in a court of competent jurisdiction. Each day of a continuing violation shall be subject to a separate such fine, imprisonment or civil penalty.[1]
B.
The Attorney for the Town of Livonia may maintain an action or proceeding in the name of the Town of Livonia 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 Town of Livonia, such violation may also be punishable by a civil suit
against the violator, brought by the Attorney for the Town of Livonia in the
name of the Town of Livonia in a court of competent jurisdiction, to recover
such additional cost.