[Added 3-20-2006 by L.L. No. 3-2006]
The following definitions shall apply in the interpretation and enforcement of this policy:
AESTHETICALLY OBJECTIONABLE FACILITY
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.
AIR GAP SEPARATION
The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supply water to a tank, plumbing fixture, or other device and the overflow level rim of the receptacle, and shall be at least double the diameter of the supply pipe measured vertically above the flood level rim of the vessel, but in no case less than one inch.
APPROVED TESTER
A person certified by the New York State Health Department as a General or Limited Tester in accordance with Section 5-1.31(a)(3) of the New York State Sanitary Code.
AUTHORIZED REPRESENTATIVE
Any person designated by the Village to administer this article.
AUXILIARY WATER SUPPLY
Any water source or system, other than the Village, that may be available in the building or premises. This does not include other permitted public water supply systems.
BACKFLOW
The flow, other than the intended direction of flow, of any foreign liquids, gases, used water or substances into the distribution system of a public water supply system.
BACKFLOW PREVENTION DEVICE
Any device, method, or type of construction intended to prevent backflow into the public water supply system.
CONSUMER
Any individual, firm, partnership, corporation, or agency or their authorized agent receiving water from the Village.
CONSUMER'S WATER SYSTEM
All service pipe, all distribution piping and all appurtenances beyond the shut-off valve of the public water system.
CONTAMINATION
An introduction of any sewage, process fluids, chemicals, wastes or any other substance that would be objectionable. Contamination may be a threat to life or health, or may cause an aesthetic deterioration, color, taste or odor.
CROSS-CONNECTION
Any physical connection or arrangement between two otherwise separate piping systems, one of which contains potable water of the public water supply system, and the second, water of unknown or questionable safety, or steam, gases, chemicals, or substances whereby there may be backflow from the second system to the public water supply system. No physical cross-connection shall be permitted between a public water supply system and an auxiliary water supply system.
DEGREE OF HAZARD
An evaluation of the potential risk to public health and the adverse effect of the hazard upon anyone using the water.
HAZARDOUS FACILITY
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. See § 141-52C of this policy.
HEALTH HAZARD
Any condition, device, or practice in the public water supply system which could create or may create a danger to the health and well being of anyone using the water or allow contamination of the water.
NONHAZARD FACILITY
One which does not require the installation of an acceptable backflow prevention device.
PUBLIC WATER SYSTEM
The water supply source, distribution system and appurtenances to the service meter operated as a public utility which supplies potable water to the consumer's water systems.
PUBLIC WATER SUPPLY SYSTEM
The public water system and the consumer's water systems.
SERVICE CONNECTION
The terminal end of the service line from the public water system. If a meter is installed at the end of the service, then the service connection means the downstream end of the meter.
A. 
Purpose. The purpose of this policy is:
(1) 
To protect the public water supply system from contamination.
(2) 
To promote the elimination, containment, isolation, or control of existing cross-connections, actual or potential, between the public water supply system and nonpotable water systems, plumbing fixtures and industrial process systems or other systems which introduce or may introduce contaminants into the public water system or the consumer's water system.
(3) 
To provide for the maintenance of a continuing program of cross-connection control to prevent the contamination of the public and consumer's potable water supply system.
B. 
Applicability. This article shall apply to all consumers' water systems. The Village may also require cross-connection control devices at the service connections of other permitted public water supply systems served by the Village.
C. 
Intent. This policy will be reasonably interpreted by the Village. It is the intent of the Village to recognize the varying degrees of hazard and to apply the principle that the degree of protection shall be commensurate with the degree of hazard. The following is a minimum:
Degree of Hazard of Facility
Protection Required
Hazardous
Either an air gap or a reduced pressure zone (RPZ) device
Aesthetically objectionable
Double check valve assembly
Nonhazard
Internal plumbing control
D. 
General policy.
(1) 
The Village of Warwick shall be responsible for cross-connection control of the public water supply system from contamination due to backflow or back siphonage of contaminants through the customer's water service connection. If, in accordance with Part 5-1.31 of the New York State Sanitary Code, hereinafter referred to as the "code," or in the judgment of the Village or its authorized representative, an approved backflow prevention device is necessary for the safety of the public water supply system, notice will be given to the water customer to install such an approved device immediately. The water customer shall, at his own expense, install such an approved device at a location and in a manner in accordance with the code and all applicable local regulations and shall have inspections and tests made of such approved device upon installation and as required by the code and this article.
(2) 
No person, firm or corporation shall establish or permit to be established or maintain or permit to be maintained any connection whereby a private auxiliary or emergency water supply other than the regular public water supply of the Village or distribution system of said municipality may enter the supply or distribution system of such municipality, unless such private, auxiliary or emergency water supply and use of such supply shall have been approved by the Village. The method of connection shall conform to the rules and regulations of the code and shall be approved by the Village or authorized representatives.
(3) 
It shall be the duty of the Village or authorized representatives to cause surveys and investigations to be made of industrial, commercial, and other properties served by the public water supply to determine whether or not actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of record and shall be repeated at least every two years or as often as the Village shall deem necessary. Completion of these surveys is mandatory. Failure to submit a completed survey will be considered a violation of this article and will subject the offending consumer to a discontinuation of water service. Records of such surveys shall be maintained by the Village and available for review for a period of at least five years.
(4) 
If ordered by the Village, any owner of property served by a connection to the public water supply or distribution system of the Village shall procure the services of a licensed cross-connection control device inspector for the purpose of verifying the presence or absence of cross-connections, and the Director of Community Development or authorized agent shall have the right to request entry at any reasonable time to any property served by a connection to the public water supply or distribution system of the Village for the purpose of verifying information submitted by the customer regarding the required cross-connection control inspection. Upon request, the owner, lessees or occupants of any property so served shall furnish to the Village any information regarding the piping system or systems or water use on such property. The refusal of such information, when demanded, shall, within the discretion of the Village, be deemed evidence of the presence of cross-connections, as provided in this article.
(5) 
The Village is hereby authorized to direct and request the Department of Public Works to discontinue, and the Department of Public Works is authorized to discontinue, after reasonable notice to the occupant and/or owner thereof, the water service to any property wherein any connection in violation of the provisions of this article is known to exist, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water supply distribution mains. Water service to such property shall not be restored until such conditions have been eliminated or corrected in compliance with the provisions of this article. Immediate disconnection with verbal notice can be effected when the Village or the Department of Public Works is assured that imminent danger of harmful contamination of the public water supply system exists. Such action shall be followed by written notification of the cause of disconnection. Immediate disconnection without notice to any party can be effected to prevent actual or anticipated contamination or pollution of the public water supply, provided that, in the reasonable opinion of the Village, or the Department of Public Works or authorized agent(s), such action is required to prevent actual or potential contamination or pollution of the public water supply. Neither the Village, Department of Public Works, nor its agents or assigns shall be liable to any customer for any injury, damages nor lost revenues which may result from termination of said customer's water supply in accordance with the terms of this article, whether or not said termination was with or without notice.
(6) 
A backflow prevention device approved by the Village, authorized representative(s), and OCHD shall be installed on all service connections to the Village water supply at a location and in a manner in accordance with the code and all applicable local regulations and shall have inspections and tests made of such approved device upon installation and as required by the code and this article.
(7) 
An approved backflow prevention device shall be installed on each service line to a consumer's water system, including, but not limited to, situations where the following conditions exist:
(a) 
Premises having auxiliary water supply, unless such auxiliary supply is accepted as an additional source by the Village.
(b) 
Upon a change of ownership of property not having an approved backflow prevention device. The new water customer at a subject premises shall install, test, and submit a copy of said test results to the Village within 60 days of the closing for the property.
(c) 
Any action requiring site plan approval from the Village Planning Board. The water customer at a subject premises shall install, test, and submit a copy of said test results to the Village within 60 days of submission of the application to the Planning Board.
(d) 
Any new modifications to an existing resident or commercial property requiring a building permit. The water customer of the premises shall install, test, and submit a copy of said test results to the Village within 60 days of receiving the building permit.
(e) 
That all new residential and nonresidential water services requiring water from the Village's public water system shall have an appropriate backflow prevention device installed prior to water service activation.
(f) 
That all existing nonresidential water services and irrigation or water only which have an approved backflow prevention assembly shall immediately begin, upon written notification from the Village, an annual testing and certification program for their approved backflow prevention assembly.
(g) 
That all existing single-family residential water services connected to the Village's public water system shall be required to retrofit the appropriate backflow prevention device as a water meter replacement occurs for each such water service, beginning approximately six months after the effective date of this policy.
A. 
Water service connection. No water service connection shall be installed or maintained to any premises where actual or potential cross-connections to the public water supply system may exist unless such actual or potential cross-connections are abated or controlled with the installation, continual testing, and maintenance of approved cross-connection control devices or methods which are to the satisfaction of the Village or its authorized representative.
B. 
Auxiliary water supply. No connection shall be installed or maintained whereby an auxiliary water supply may enter a public water supply system.
A. 
Property access. The consumer's premises shall be open at all reasonable times to the Village or its authorized representative, for the conduction of surveys and investigation of water use practices within the consumer's premises to determine whether there are actual or potential cross-connections in the consumer's water system.
B. 
Information request. On request by the Village or its authorized representative, the consumer shall furnish requested information on water use practices and the piping system(s) within his premises and in the consumer's water system.
C. 
Survey. On request by the Village or its authorized representative, the consumer shall conduct periodic surveys of water use practices on the premises of the consumer's water system to determine whether there are actual or potential cross-connections. The consumer shall provide the survey results to the Village or its authorized representative.
D. 
Inspection. The consumer, if ordered by the Village or its authorized representative, shall procure the services of an approved cross-connection control device inspector for the inspection of the presence or absence of cross-connections within the consumer's premises and for testing, repair, and maintenance of cross-connection control devices within the consumer's premises, and the consumer shall be responsible for all costs related thereto.
A. 
Actual or potential cross-connection. An approved backflow prevention device shall be installed on each service line to a consumer's water system serving premises where, in the judgment of the Village or its authorized representative or the Orange County Health Department (OCHD), actual or potential cross-connections exist. The type and degree of protection required shall be commensurate with the degree of hazard and/or type of contamination that may enter the public water supply system.
B. 
Health hazard. An approved air gap separation or reduced pressure principle backflow prevention device shall be installed at the service connection or within any premises where, in the judgment of the Village or its authorized representative or the OCHD, the nature and extent of activities on the premises, or the materials used in connection with the activities, or materials stored on the premises, would present a health hazard or contamination of the public water supply system from a cross-connection. This includes but is not limited to the following situations:
(1) 
Premises having auxiliary water supply unless the quality of the auxiliary supply is acceptable to the Village or its authorized representative and the OCHD.
(2) 
Premises having internal plumbing arrangements which make it impractical to ascertain whether or not cross-connections exist.
(3) 
Premises where entry is restricted so that inspection for cross-connections cannot be made with or at sufficient frequency or sufficiently short notice to assure that cross-connections do not exist.
(4) 
Premises having a repeated history of cross-connections being established or reestablished.
(5) 
Premises which, due to the nature of the enterprise therein, are subject to recurring modification or expansion.
(6) 
Premises on which any substance is handled under pressure so as to permit entry into the public water supply system, or where a cross-connection could reasonably be expected to occur. This shall include the handling of process wastes and cooling waters.
(7) 
Premises where toxic or hazardous materials are handled.
C. 
Facilities requiring backflow device. The following types of facilities fall into one or more of the categories of premises where an approved air gap separation or reduced pressure principle backflow prevention device may be required by the Village or its authorized representative or the OCHD to protect the public water supply and must be installed at these facilities unless all hazardous or potentially hazardous conditions have been eliminated or corrected by other methods to the satisfaction of the Village or its authorized representative and the OCHD:
(1) 
Agricultural chemical facilities;
(2) 
Auxiliary water systems and wells;
(3) 
Boilers;
(4) 
Bulk water loading facilities;
(5) 
Car washing facilities;
(6) 
Chemical manufacturing, processing, compounding or treatment plants;
(7) 
Cooling towers;
(8) 
Feedlots;
(9) 
Hazardous waste storage and disposal sites;
(10) 
Fire protection systems;
(11) 
Hospitals, mortuaries, clinics, or nursing homes;
(12) 
Irrigation and sprinkler systems;
(13) 
Laundry and dry-cleaning facilities;
(14) 
Meat processing facilities;
(15) 
Metal manufacturing, cleaning, processing and fabrication plants;
(16) 
Oil and gas production, refining, storage or transmission properties;
(17) 
Plating plants;
(18) 
Power plants;
(19) 
Research and analytical laboratories;
(20) 
Sewage and storm drainage facilities; pumping stations and treatment plants;
(21) 
Veterinary clinics;
(22) 
Farm service and fertilizer plants and trucks;
(23) 
Pesticide or herbicide or extermination plants and trucks; and
(24) 
Any others as deemed necessary by the Village.
D. 
Booster pump. Where a booster pump has been installed on the service line to or within any premises, such pump shall be equipped with a low-pressure cutoff device designed to shut off the booster pump when the pressure in the service line on the suction side of the pump drops to 20 PSI or less. It shall be the duty of the water consumer to maintain the low-pressure cutoff device in proper working order and to certify to the Department of Public Works, at least once a year, that the device is operable.
Any backflow prevention required by this article shall be of a model or construction approved by the Village or its authorized representative and the OCHD.
A. 
Air gap separation to be approved shall be at least twice the diameter of the supply pipe, measured vertically above the top rim of the vessel, but in no case less than one inch.
B. 
Double check valve assemblies or reduced pressure principle backflow prevention devices shall appear on the current list of approved backflow prevention devices established by the OCHD, unless the device was installed at the time this article was passed and complies with required inspection and maintenance. A proper device shall be installed when replacement is needed.
A. 
Installation. Backflow prevention devices required by this policy shall be installed at a location and in a manner approved by the Village or its authorized agent. All devices shall be installed at the expense of the consumer, unless the Village or its authorized representative agrees otherwise.
B. 
Location. Backflow prevention devices installed at the service connection shall be located on the consumer's side of the water meter and shut-off valve, as close to the meter as is reasonable practical, and prior to any other connection.
C. 
Accessibility. Backflow prevention devices shall be conveniently accessible for maintenance and testing, protected from freezing, and where no part of the device will be submerged or subject to flooding by any fluid. All devices shall be installed according to manufacturer's recommendations.
A. 
Backflow prevention installation. It is the responsibility of the consumer to prevent backflow into the public water system. As such, the consumer is required by this article to inspect, test, and overhaul backflow prevention devices in accordance with the following schedule or more often as determined by the Village or its authorized representative:
(1) 
Air gap separations shall be inspected at the time of installation and at least monthly.
(2) 
Double check valve assemblies shall be inspected and tested for tightness at the time of installation and at least every 12 months thereafter. They shall be dismantled, inspected internally, cleaned, and repaired whenever needed. Any faulty device shall be repaired and tested and retested again within six months thereafter unless replaced.
(3) 
Reduced pressure principle backflow prevention devices shall be inspected and tested for tightness at the time of installation and at least every 12 months thereafter. They shall be dismantled, inspected internally, cleaned and repaired whenever needed and at least every five years.
B. 
Inspection. Inspections, tests, and overhauls of backflow prevention devices shall be made at the expense of the consumer and shall be performed by a certified tester annually.
C. 
Repairs. Whenever backflow prevention devices required by this policy are found to be defective, they shall be repaired or replaced without delay at the expense of the consumer. Devices which require specialized equipment to perform maintenance or repair are not allowed.
D. 
Records. The consumer must maintain a complete record of each backflow prevention device from purchase to retirement. This shall include a comprehensive listing that includes a record of all tests, inspections, and repairs. All records of inspections, tests, repairs, and overhauls shall be provided within 30 days to the Village or its authorized representative.
E. 
Tags. All backflow prevention devices shall have a tag showing the date of the last inspection and name of tester and license number.
F. 
Operation. Backflow prevention devices shall not be bypassed, made inoperative, removed, or otherwise made ineffective without specific authorization by the Village or its authorized representative.
A. 
Discontinuation of water service. The Village or its authorized representative shall deny or discontinue the water service to any premises or any consumer wherein any backflow prevention device required by this policy is not installed, tested, and maintained in a manner acceptable to the Village or its authorized representative, or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross-connection exists.
B. 
Restoration of water service. Water service to such premises shall not be restored until the consumer is in compliance with this article to the satisfaction of the Village or its authorized representative.
C. 
Responsibility. The consumer responsible for backsiphoned or back-pressure material or contamination through backflow must bear the cost of cleanup of the potable water supply system and shall be totally liable for all claims that may result from such incidents if contamination of the potable water supply system occurs through an illegal cross-connection or an improperly installed, maintained or repaired device, or a device which has been bypassed.
D. 
Penalties. Any person, firm or corporation who or which violates, disobeys, omits, neglects, or resists enforcement of any of the provisions of this article shall be fined $100 or imprisoned for not more than 100 days, for each offense. Each day upon which such a violation continues shall constitute a separate offense.
A. 
The following devices are recognized for cross-connection control and backflow prevention by the New York State Department of Health and are published as part of this article.
(1) 
Air gap: gap must be two pipe diameters (in no instance less than one inch); must be inspected annually; satisfactory for any material; whenever practical the control method of choice.
(2) 
Reduced pressure zone device: contains two specifically designed, soft-seated, independently acting check valves with a reduced pressure zone (with relief valve) between the two checks; shut-off valves before and after the device; satisfactory for most toxic materials; significant pressure loss; (10 psi or more); must be tested and inspected annually; repaired as necessary.
(3) 
Double check valve assembly: contains two soft-seated independently acting check valves in series; shut-off valves before and after device; adequate for nontoxic applications only; minor pressure loss; must be inspected and tested annually; repaired as necessary.
(4) 
Internal plumbing controls:
(a) 
Pressure vacuum breaker: must be installed a minimum of 12 inches above highest point of usage; no back pressure, only back siphonage; can operate under constant pressure; shut-off valve can be located beyond the vacuum breaker; must be inspected and tested annually; repaired as necessary.
(b) 
Atmospheric vacuum breakers: must be installed a minimum of six inches above highest point of usage; no back pressure, only back siphonage; not for use under constant pressure; shut-off valve must be located ahead of vacuum breakers; must be inspected annually and repaired as necessary.
B. 
A list of acceptable devices can be found on the New York State Department of Health list of acceptable devices, which can be obtained from the Orange County Health Department.