City of North Tonawanda, NY
Niagara County
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Table of Contents
Table of Contents
[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:
ACCEPTABLE BACKFLOW PREVENTION DEVICE
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.
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 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.
AIR GAP
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.
APPROVED
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.
AUXILIARY WATER SUPPLY
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.
BACKFLOW
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.
CERTIFIED TESTER
That individual or firm approved to accomplish the necessary inspections and operational tests of backflow prevention devices.
CONTAMINATION
The presence in water of a substance that tends to degrade its quality.
CUSTOMER
A water user served by the City of North Tonawanda supply system.
CUSTOMER'S WATER 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.
DEGREE OF HAZARD
Whether a facility is rated as hazardous, aesthetically objectionable or nonhazardous.
DOUBLE CHECK VALVE ASSEMBLY, ACCEPTABLE
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.
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. Typical examples are: laboratories, sewage treatment plants, chemical plants, hospitals and mortuaries.
NONHAZARDOUS FACILITY
One which does not require the installation of an acceptable backflow prevention device.
PUBLIC WATER SUPPLY SYSTEM
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.
REDUCED PRESSURE ZONE DEVICE, ACCEPTABLE
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.
SUPERINTENDENT
The Superintendent of the City of North Tonawanda.
A. 
The customer's water system shall be open for inspection at all reasonable times to authorized representatives of the City of North Tonawanda.
B. 
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. 
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:
(1) 
Whenever a customer's water system is rated hazardous, an acceptable reduced pressure zone device or air gap shall be installed.
(2) 
Whenever a customer's water system is rated aesthetically objectionable, as a minimum, an acceptable double check valve assembly 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 Superintendent and all agencies required by the applicable New York State and City laws and regulations.
E. 
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. 
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. 
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. 
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.
B. 
The City Attorney may maintain an action or proceeding in the name of the City in a court of competent jurisdiction to compel compliance with this Part 3 or restrain by injunction any violation of this Part 3, notwithstanding the provisions of Subsection A hereof for a penalty or other punishment.
C. 
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.