[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[1]]
[1]
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.”
A.
AIR-GAP SEPARATION
APPROVED CHECK VALVE
APPROVED DOUBLE-CHECK-VALVE ASSEMBLY
APPROVED REDUCED-PRESSURE-PRINCIPLE BACKFLOW PREVENTION DEVICE
APPROVED WATER SUPPLY
AUXILIARY WATER SUPPLY
COMMISSIONER
CONSUMER
CONTAMINATION
COUNTY HEALTH OFFICER
CROSS-CONNECTION
DISTRICT
DISTRICT WATER SUPPLY
NONTOXIC SUBSTANCE
PERSON
PREMISES
PROTECTIVE DEVICE
SERVICE CONNECTION
TOXIC SUBSTANCE
As used in this local law, the following terms shall
have the meanings indicated:
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.
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.
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.
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.
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.
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.
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.
An approved water supply sold and delivered to consumers'
premises through the waterworks system of the Highland Water District.
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.
Any of the following devices:
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.
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.
B.
Word usage. "Shall" is mandatory; "may" is permissive.
A.
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.
(1)
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.
(2)
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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:
(1)
Class 1:
(a)
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.
(b)
Protection: single-check-valve assembly, if
not already installed in the system.
(4)
Class 4:
(5)
Class 5:
(a)
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.
(b)
Protection: air gap or reduced-pressure-principle
backflow prevention device.
G.
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.
A.
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.
B.
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.
A.
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.
B.
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]
C.
Immediate discontinuance without notice; conditions for resumption.
[Amended 8-21-2013 by L.L. No. 6-2013]
(1)
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:
(2)
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.
D.
Notice.
(1)
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:
(a)
The conditions or defects which must be corrected.
(b)
The manner in which the stated conditions or
defects are to be corrected.
(c)
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.
(2)
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.
E.
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.
A.
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.
B.
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.
