[HISTORY: Adopted by the Town Board of the Town of Lloyd as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-29-1992 by L.L. No. 3-1992]
Editor's Note: Section 1 of this local law provided as follows: “The purpose of this local law is:
A. To protect the public potable water supply of the Highland Water District from the possibility of contamination by isolating within its customers' internal distribution system or its customers' private water system 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.”
As used in this local law, the following terms shall have the meanings indicated:
- AIR-GAP SEPARATION
- A physical break between a supply pipe and receiving vessel. The air gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel and in no case less than one inch.
- APPROVED CHECK VALVE
- A check valve that seats readily and completely. It must be carefully machined to have free-moving parts and assured watertightness. The face of the closure element and valve seat must be bronze composition or other noncorrodible material which will seat tightly under all prevailing conditions of field use. Pins and bushings shall be bronze or other noncorrodible, nonsticking material, machined for easy, dependable operation. The closure element (e.g., clapper) shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable.
- APPROVED DOUBLE-CHECK-VALVE ASSEMBLY
- An assembly of at least two independently acting approved check valves, including tightly closing shutoff valves on each side of the check valve assembly and suitable test cocks plus connections available for testing the watertightness of each check valve.
- APPROVED REDUCED-PRESSURE-PRINCIPLE BACKFLOW PREVENTION DEVICE
- A device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, two shutoff valves and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two check valves, less than the pressure on the public water supply side of the device. At cessation of normal flow, the pressure between the check valves shall be less than the supply pressure. In case of leakage of either valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. To be approved, these devices must be readily accessible for maintenance and testing and installed in a location where no part of the device will be submerged.
- APPROVED WATER SUPPLY
- Any water supply approved by or under the public health agency of the State of New York, the County of Ulster or the Highland Water District. In determining what constitutes an approved water supply, the Department of Public Health of the State of New York (herein called "State Health Department") shall have the final judgment as to its safety and potability.
- AUXILIARY WATER SUPPLY
- Any water supply on or available to the premises other than the district water supply.
- The Superintendent of the Highland Water District, or his authorized representatives.
- Any person to whom water is sold and furnished from the Highland Water District.
- An impairment of the quality of the district water supply by the presence of any foreign substance (organic, inorganic, radiological or biological) to a degree which creates a hazard to the public health.
- COUNTY HEALTH OFFICER
- The Ulster County Health Officer, his assistants or authorized deputies acting as or any other person appointed as Health Officer of the County of Ulster.
- Any unprotected connection between any part of the district waterworks system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as safe, wholesome and potable for human consumption.
- The Highland Water District.
- DISTRICT WATER SUPPLY
- An approved water supply sold and delivered to consumers' premises through the waterworks system of the Highland Water District.
- NONTOXIC SUBSTANCE
- Any substance of a nonpoisonous nature that may create a moderate or minor hazard to the water supply system.
- Any natural person, firm association, organization, partnership, trust or association or persons, joint venture, corporation or company, and includes the United States, the State of New York, the County of Ulster, any special purpose district and any officer or agent thereof.
- Integrated land area, including improvements thereon. undivided by public thoroughfares or water distribution mains of the Highland Water District and where all parts of the premises are operated under the same management and for the same purpose.
- PROTECTIVE DEVICE
- Any of the following devices:
- SERVICE CONNECTION
- The terminal end of a service connection from the district water supply at its point of delivery to the consumer. If a meter is installed, "service connection" means the downstream end of the meter. No unprotected takeoffs from the service line ahead of any meter or backflow protective device located at the point of delivery to the consumer shall be permitted.
- TOXIC SUBSTANCE
- Any substance (liquid, solid or gaseous), including raw sewage and lethal substances, that when introduced into the water supply system creates or may create a danger to the health and well-being of the consumer.
Word usage. "Shall" is mandatory; "may" is permissive.
Auxiliary water supply. Each service connection from the district water supply for furnishing water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the district water supply.
If the auxiliary water supply is handled in a separate piping system with no known cross-connection, the district water supply shall be protected by an approved double-check-valve assembly installed at the service connection to the premises. When the auxiliary water supply may be contaminated, the Superintendent may order the district water supply protected by an air-gap separation or an approved reduced-pressure-principle backflow prevention device installed at the service connection.
If the auxiliary water supply is handled in a separate piping system and cross-connections are known to exist between the district water supply and the auxiliary water supply which cannot presently be eliminated, the district water supply shall be protected by an approved reduced-pressure-principle backflow prevention device installed at the service connection to the premises. When the auxiliary supply may be contaminated, the Superintendent may order the district water supply protected by an air-gap separation installed at the service connection.
Toxic or hazardous substances. Should a facility be rated hazardous, a reduced-pressure-zone device would be required independent of a separate system handling the auxiliary water system. The district would also require a reduced-pressure-zone device if the facility were rated nonhazardous and the auxiliary water system did not meet the water quality requirements of Part 5 of the Sanitary Code.
Nonhazardous substances. At the service connection to any premises on which a substance that would be objectionable (but not necessarily hazardous to health) if introduced into the district water supply is handled in such a manner as to constitute a cross-connection, the district water supply shall be protected by an approved double-check-valve assembly.
Nonhazardous to hazardous. In the event that a facility is rated nonhazardous and on such a date becomes hazardous, notification of at least 30 days should be given to the Superintendent before the change takes place. Protection by the use of a protective device as required on hazardous substances must be installed.
Sewage treatment plant and pumping stations. At the service connection to any sewage treatment plan or sewage pumping station, the district water supply shall be protected by an air-gap separation. The air gap shall be located as close as practicable to the service connection and all piping between the service connection and receiving tank shall be entirely visible. If these conditions can not be reasonably met, the district water supply shall be protected with an approved reduced-pressure-principle backflow prevention device, provided that this alternative is acceptable to both the Superintendent and the County Health Officer. A final decision in this matter shall be made by the State Health Department.
Fire system. At the service connection to any premises in which a fire protection system is installed, the district water supply shall be protected based on the water source and arrangement of supplies in accordance with the following classifications:
Direct connection from public water mains only; no pumps tanks or reservoirs; no physical connections from auxiliary water supplies; no antifreeze or other additives of any kind; all sprinkler drains discharging to atmosphere, dry wells or other safe outlets.
Protection: single-check-valve assembly, if not already installed in the system.
Directly supplied from public mains, and interconnected with auxiliary supplies, such as pumps taking suction from reservoirs exposed to contamination, or rivers and ponds; driven wells; mills or other industrial water systems; or where antifreeze or other additives are used.
Protection: air gap or reduced-pressure-principle backflow prevention device.
Lawn sprinkling systems. At the service connection to any permanently installed lawn sprinkling system, the district water supply shall be protected by an approved double-check-valve assembly. If the lawn sprinkling system handles liquid fertilizers or other chemicals, the district water supply shall be protected by an approved reduced-pressure-principle backflow prevention device.
Consumer responsibility. It shall be the responsibility of each consumer at his own expense to furnish, install and keep in good working order and safe condition any and all protective devices required in this local law. The district shall not be responsible for any loss or damage directly or indirectly resulting from or caused by the improper or negligent installation, operation, use, repair or maintenance of or interfering with, any protective service by any consumer or any other person.
Conflicts. Whenever two or more conditions exist on any premises for the correction of which different protective devices are required in this local law, the consumer shall be required only to install the protective device which, in the opinion of the Superintendent and County Health Officer, affords the maximum protection to the district water supply.
[Amended 8-21-2013 by L.L. No. 6-2013]
The consumer on whose premises any protective device is installed shall have each such device inspected annually. If successive inspections disclose repeated failures in the operation of any device, the Superintendent, Administrator or their designee or the designee of the Town of Lloyd Town Board, as Commissioners of the Highland Water District, may require more frequent inspections. Each device shall be repaired, overhauled or replaced at the expense of the consumer whenever it is found to be defective. Records of such test, repairs and overhauls shall be kept and a copy of such records forwarded to the Superintendent, Administrator or their designee or the designee of the Town of Lloyd Town Board, as Commissioners of the Highland Water District, on an annual basis. The Superintendent, Administrator or their designee or the designee of the Town of Lloyd Town Board, as Commissioners of the Highland Water District, shall have the duty of determining that the inspections required herein are performed properly. If following demand therefor the consumer fails to have any of the inspections made as required herein or to make the above-described records available, the Superintendent, Administrator or their designee or the designee of the Town of Lloyd Town Board, as Commissioners of the Highland Water District, shall have the right to inspect the device, and the consumer shall pay the cost thereof.
No water service connection shall be installed on the premises of any consumer unless the district water supply is protected as required by this local law.
Delivery of water to the premises of any consumer may be discontinued by the Superintendent, Administrator or their designee or the Town Board of the Town of Lloyd, as Commissioners of the Highland Water District, if any protective device required by this local law has not been installed, inspected, tested and maintained or is defective or has been removed or bypassed.
[Amended 8-21-2013 by L.L. No. 6-2013]
Immediate discontinuance without notice; conditions for resumption.
[Amended 8-21-2013 by L.L. No. 6-2013]
Delivery of water shall be discontinued immediately and without notice to the consumer if the Superintendent, Administrator or their designee or the Town Board, as Commissioners of the Highland Water District, or the County Health Officer determines that:
Delivery of water shall not be resumed until any protective device required by this local law and approved by the Superintendent, Administrator or their designee or the designee of the Town of Lloyd Town Board, as Commissioners of the Highland Water District, has been properly installed, or until conditions at the consumer's premises causing the contamination or danger of contamination have been abated or corrected to the satisfaction of the Superintendent, Administrator or their designee or the designee of the Town of Lloyd Town Board, as Commissioners of the Highland Water District, and County Health Officer.
Except as provided in Subsection C, delivery of water shall not be discontinued until written notice thereof has been given to the consumer. The notice shall state:
The conditions or defects which must be corrected.
The manner in which the stated conditions or defects are to be corrected.
The date on or after which delivery of water will be discontinued, and which shall not be less than 15 nor more than 90 days following the date of delivery of mailing of the notice. The Superintendent may grant the consumer an extension of an additional period not to exceed 90 days if he determines the consumer has exercised due diligence but has been unable to comply with the notice within the time originally allowed.
The notice shall be given by delivering the same to the consumer, the manager or agent thereof or to any person in charge of or employed in the place of business of the consumer or, if the consumer has no place of business, then at the place of residence of the consumer, if known, or by leaving the notice at either the place of business or the residence of the consumer. If the consumer cannot be found, the service of the notice shall be mailed, postage fully prepaid, addressed to the consumer at the place of business or residence set forth in the application of the consumer for water service in the records of the district.
For the purpose of making any inspections or discharging the duties imposed by the local law, the Superintendent, Administrator or their designee or the designee of the Town of Lloyd Town Board, as Commissioners of the Highland Water District, and County Health Officer shall have the right to enter upon the premises of any consumer. Each consumer, as a condition of the continued delivery to his premises of water from the district water supply, shall be considered as having stated his consent to the entry upon the premises of the Superintendent, Administrator or their designee or the designee of the Town of Lloyd Town Board, as Commissioners of the Highland Water District, and County Health Officer for the purposes stated herein.
[Amended 8-21-2013 by L.L. No. 6-2013]
All presently installed prevention devices which do not meet the requirements of this local law 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 § A109-4, be excluded from the requirements of these rules so long as the Superintendent is assured that they will satisfactorily protect the district's water supply. Whenever the existing device is moved from the present location or requires more than minimum maintenance which constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this local law.
This regulation shall be in full force and effect 30 days after adoption of the local law containing its content.
If any section, subsection, sentence, clause or phrase of this regulation is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this regulation.
The Town of Lloyd Town Board, acting as Commissioners of the Highland Water District, declares that it would have passed this regulation and every section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases, be declared unconstitutional.