[Adopted 4-16-1985]
The purpose of this Part is to protect the public
potable water supply of the City of North Tonawanda 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 supply system;
and to comply with the requirements of the New York State Sanitary
Code § 5-1.31.
[Amended 7-7-1987]
The City of North Tonawanda Water Superintendent
shall be responsible for the protection of the distribution system
from contamination due to the backflow of contaminants through the
water service connection. An acceptable backflow device is required
on all water service connections to any customer's premises for the
safety of the water system. The Superintendent or his 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. The requirement
of an acceptable backflow prevention device applies to any new water
service connection installation and to any remodeling work done upon
an existing premises that did not have a prior acceptable backflow
prevention device as required by this ordinance.
As used in this Part 3, 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 device 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 adversly effect 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 City of North Tonawanda Water Superintendent
as meeting an applicable specification stated or cited in this Part,
or as suitable for the proposed use.
Any water supply on or available to the premises other than
the City Superintendent approved public water supply. The auxiliary
waters may include water from another purveyor's public potable water
supply or any natural source(s) such as a well, spring, river, stream,
harbor, etc., or used 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 pipes of the City of North Tonawanda 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 City of North Tonawanda supply
system.
The piping used to convey water supplied by the City of North
Tonawanda supply system throughout a customer's facility. The system
shall include all those parts of the piping beyond the control point
of the water main. 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 district 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 are:
laboratories, sewage treatment plants, chemical plants, hospitals
and mortuaries.
One which does not require the installation of an acceptable
backflow prevention device.
The City of North Tonawanda system, including the source,
treatment works, 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
checks shall be less than the upstream (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.
The Superintendent of the City of North Tonawanda.
A.Â
The customer's water system shall be open for inspection
at all reasonable times to authorized representatives of the City
of North Tonawanda.
B.Â
The City 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 and availability of contaminants,
the availability of an auxiliary water supply and the type of fire-fighting
system in use.
C.Â
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 serviced,
but in all cases, before the first branch line leading off the service
line, as follows:
D.Â
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 Superintendent
and all agencies required by the applicable New York State and City
laws and regulations.
E.Â
It shall be the duty of the customer at any premises
where backflow prevention devices are installed to have certified
inspections and operational tests made at least once a year. In those
instances where the Superintendent deems the hazard to be great enough,
he 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 and
operational test. All inspections and tests shall be at the expense
of the customer and shall be performed by the device manufacturer's
representative, City personnel or by a certified tester approved by
the City Superintendent. The City shall make available the names,
addresses and telephone numbers of those persons who are certified
as testers for backflow prevention devices. It shall be the duty of
the Superintendent to see that certified inspection and operational
tests of the backflow prevention devices are made. The customer shall
notify the Superintendent in advance, in writing, when the tests are
to be undertaken so that he or his representative may witness the
tests if it is so desired. These devices shall be repaired, overhauled
or replaced at the expense of the customer whenever said devices are
found to be defective. Records of such tests, repairs and overhaul
shall be kept and made available to the Water District Superintendent.
Copies of all testing and maintenance records shall be sent to the
Superintendent immediately after the work is performed.
F.Â
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 § 69-88E, be excluded from the requirements of these rules so long as the Superintendent is assured that they will satisfactorily protect the utility system. Whenever the existing device is moved from the present location or require more than minimum maintenance or constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this section.
G.Â
No water service connection to any customer's water
system shall be installed or maintained by the City unless the water
supply is protected as required by state laws and regulations and
this Part 3. Service of water to any premises shall be discontinued
by the City if a backflow prevention device required by this Part
3 is not installed, tested and maintained, or if 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.Â
A violation of the provisions of § 69-88 of this Part 3 is a misdemeanor punishable by a fine not to exceed $1,000 or by imprisonment not exceeding six months, or by both such fine and imprisonment. In lieu of or in addition to such fine and imprisonment or both, each such violation shall be subject to a civil penalty not exceeding $1,000 for any one case, to be recovered in an action or proceeding brought by the City Attorney of the City of North Tonawanda in a court of competent jurisdiction. Each day of a continuing violation shall be subject to a separate such fine, imprisonment or civil penalty.
C.Â
Where any violation of this Part 3 causes expense
to the City, such violation may also be punishable by a civil suit
against the violator, brought by the City Attorney of the City of
North Tonawanda in the name of the City in a court of competent jurisdiction,
to recover such additional cost.
This ordinance will be effective upon its proper
filing as required by law.
