[Adopted 6-18-1984 by L.L. No. 4-1984]
A.
The purpose of this article is:
(1)
To protect the public potable water supply of the
Village of Middleport of the County of Niagara from the possibility
of contamination by isolating within its customers' internal distribution
system(s) or its customers' private water system(s) such contaminants
or pollutants which could backflow into the public water supply system;
and
(2)
To comply with the requirements of the New York State
Sanitary Code § 5-1.31.
B.
Responsibility. The Superintendent of Public Works
shall be responsible for the protection of the Village of Middleport
distribution system from contamination due to the backflow of contaminators
through the water service connection. If, in the judgment of said
Superintendent, an acceptable backflow prevention device is required
at the district's water service connection 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.
As used in this article, 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 adversely affect 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 Superintendent of Public Works as meeting
an applicable specification stated or cited in this article, or as
suitable for the proposed use.
Any water supply on or available to the premises other than
the Village of Middleport approved public water supply. These 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 Village of Middleport 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 Village of Middleport supply system.
The piping used to convey water supplied by the Village of
Middleport supply system throughout a customer's facility. The system
shall include all those parts of the piping beyond the control point
of the Village of Middleport water supply system. 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: laboratories,
sewage treatment plant, chemical plants, hospitals and mortuaries.
One which does not require the installation of an acceptable
backflow prevention device.
The Village of Middleport 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 Public Works of the Village of Middleport.
A.
The customer's water system shall be open for inspection
at all reasonable times to authorized representatives of the Village
of Middleport.
B.
The Superintendent 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. Residential and business
(nonindustrial) customers water systems shall be considered nonhazardous
facilities unless the customer is otherwise notified by the Superintendent
of Public Works.
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 served,
but in all cases before the first branch line leading off the service
line, as follows:
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 Village
of Middleport 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 test 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 test 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, Village of Middleport personnel or by a certified
tester approved by the Village of Middleport Superintendent. The Village
of Middleport shall make available the names, addresses and telephone
numbers of those persons which 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 Superintendent of Public Works. 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 Subsection E, 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 requires more than minimum maintenance 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 Village of Middleport
unless the water supply is protected as required by state laws and
regulations and this article. Service of water to any premises shall
be discontinued by the Village of Middleport if a backflow prevention
device required by this article 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 this article shall
constitute a violation punishable by a fine not to exceed $250, or
by imprisonment not to exceed 15 days, or by both such fine and imprisonment.
Each violation shall constitute a separate violation and shall be
subject to separate fines, imprisonment or civil penalties. 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 Village Attorney of the Village of Middleport 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 Village Attorney may maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with this article or restrain by injunction any violation of this article, notwithstanding the provisions of Subsection A hereof for a penalty or other punishment.
C.
Where any violation of this article causes expense
to the Village, such violation may also be punishable by a civil suit
against the violator, brought by the Village Attorney of the Village
of Middleport in the name of the Village in a court of competent jurisdiction,
to recover such additional cost.
