Village of Fort Edward, NY
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fort Edward as indicated in article histories. Amendments noted where applicable.]
Article I Public Water System
Article II Cross-Connection Control
[Adopted 3-30-2004 by L.L. No. 1-2004 (Ch. 94 of the 1985 Code)]
A. 
Terms defined as used in this article shall have the meanings indicated:
BACKFLOW
The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable supply of water from any source or sources other than its intended source.
BACK-SIPHONAGE
The flowing back of used, contaminated or polluted water from a plumbing fixture or vessel into a water supply pipe due to negative pressure in such pipe.
BUILDING
A structure built, erected and framed of component structural parts designed for the housing, shelter, enclosure or support of persons, animals or property of any kind.
BUILDING WATER SERVICE
That pipe which extends from the termination of the public water service pipe to the water distribution system of the building served.
CROSS-CONNECTION
Any connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other either water of unknown or questionable origin, or steam, gas or chemical, whereby there may be a flow from one system to the other, the direction of flow depending on the pressure differential between the two systems.
DWELLING UNIT or FAMILY UNIT
A building or part thereof arranged or designed to provide living and sanitary facilities for only one family.
MULTIPLE DWELLING UNIT or MULTIFAMILY RESIDENCE
A building containing two or more dwelling or family units.
OWNER
A proprietor; one who owns or has exclusive right of possession.
PERSON
Any individual, his or her heirs, executors, administrators and includes a firm, partnership, corporation, company, association, society, church, school and its successors.
PLUMBING FIXTURES
The installed receptacles, devices or appliances which are supplied with water or which receive or discharge liquids.
POLLUTED WATER
Water in which there are micro-organisms, chemical or waste materials in a concentration which renders the water harmful or objectionable.
POTABLE WATER
Water which is satisfactory for drinking, cooking and domestic purposes and meets the requirements of the health authority having jurisdiction.
PUBLIC WATER MAIN
Water supply pipe for public use controlled by the Village.
PUBLIC WATER SERVICE PIPE or PUBLIC WATER SERVICE
That part of the water service pipe to the building which is constructed by the Village from the public water main in the public way to the property line.
PUBLIC WATER SUPPLY SYSTEM or WATERWORKS
The works, structures, equipment and processes required to supply, treat and distribute water to people at large or to any considerable number of members of the public indiscriminately for domestic, commercial, industrial and fire uses.
SINGLE-FAMILY DWELLING or SINGLE-FAMILY RESIDENCE
A building arranged or designed to provide living and sanitary facilities for only one family.
SUPERINTENDENT
The Superintendent of Waterworks, Street Superintendent in the Village of Fort Edward or his authorized officers or agents.
VILLAGE
The Trustees of Village of Fort Edward, a municipal corporation of the State of New York and/or its duly authorized officers or agents.
WATER MAIN or MAIN
The principal pipes of a water supply system to which water services may be connected.
WATER PLUMBING SYSTEM
The water supply and distribution pipes, plumbing fixtures and traps and water-treating or water-using equipment, including their respective connection within the property line of the premises.
WATER SERVICE PIPE or WATER SERVICE
The pipe from the water main to the building served.
WATER SUPPLY PIPING
The water-distributing pipes and necessary connecting pipes, fittings, and control valves in a building which convey water from the water service pipe to plumbing fixtures and other water outlets.
The Village will not be liable for any damage which may result to water customers from the shutting off of a water main or service for any purpose, even when no notice is given, and no deduction from bills will be made.
Persons taking Village water must keep the meter and pipes in good repair and protected from freezing at their expense. Any costs incurred by the Village will be billed to the property owner.
A. 
Applicants for Village water must designate the position of water fixtures to the Street Superintendent so it can be determined the location of the fixtures will prohibit the fixtures from freezing. All excavations for building water service installation shall be adequately guarded with barricades and lights to protect the public from hazard or injury. Streets, sidewalks, and other public property disturbed in the course of the work will be restored in a manner satisfactory to the Village.
B. 
The applicant for the building water service permit shalt notify the Village when the building water service is ready for inspection and connection to the public water service and before the water service installation is backfilled or covered. The connection will be made under the supervision of the Street Superintendent or other authorized Village representative. The applicant shall obtain the Street Superintendent's approval before backfilling or covering the water service pipe.
No water user will be allowed to supply water to others. A violation of this section could result in termination of water service. No more than one building will be supplied by a single tap.
The Village may enter the premises of any water user at a reasonable time to examine water fixtures. If a fixture is found to be damaged or tampered with the Village will terminate water service and prosecute the water user.
All leaks on premises must be promptly repaired by the owner or occupant. Failure to promptly repair may result in termination of service.
Metallic curb boxes must be used. Wooden boxes are prohibited.
Any water user wishing to discontinue water service must give written notice to the office of the Village Clerk.
Whenever water service has been terminated for nonpayment of water bills or for violation of rules and regulations, the Village Board must approve the continuance of service.
All bills are payable semiannually during the months of April and October at the office of the Village Clerk. A penalty of 10% will be added to all bills not paid by a specific date determined by the Village Board. In the event the bills are unpaid, the Village may terminate water service, and payment will be enforced pursuant to Chapter 507, Laws of the State of New York. In the event a meter cannot be installed at the premises, the Village Board will establish a minimum usage.
A. 
The Village Board reserves the right to attach meters to any service pipe at any time, and to direct the replacement of any water meters, whenever it shall deem it appropriate, and charge for the quantity of water measured. In the event of directed replacement, such replacement shall be required on no less than 30 days' notice from the Village Board.
[Amended 6-4-2012 by L.L. No. 4-2012]
B. 
Each property owner shall install a water meter for each dwelling or building connected to the Village's water system. The water meter will remain under the ownership of and will be maintained by the Village as far as ordinary wear and tear is concerned. The property owner shall be responsible for any damage to the meter not caused by the Village.
C. 
The Village will determine the type of any water meter and may differentiate between residential, commercial and industrial meters.
[Amended 6-4-2012 by L.L. No. 4-2012]
D. 
It shall be unlawful for any person not specifically authorized by the Village to interfere with, remove, replace or tamper with a meter or meter seal.
E. 
No connectors shall be made to any water service pipe between the water main and the meter; all water used shall pass through the meter. If an unlawful connection is found, the water will be shut off and the premises fined.
F. 
Where the water meter fails to register the total amount of water used, the property owner shall pay for the period estimated amount based on consumption in a similar period. The property owner shall notify the Village of any damage to, or any cessation in registration of, the water meter as soon as it comes to knowledge. If an estimated consumption for a similar period is unavailable, a minimum usage of 25,000 gallons will be used for billing purposes.
G. 
Any property owner who fails to install a water meter or to replace a water meter, which will be supplied by the Village at the property owner's expense, as required pursuant to this article within 30 days after such written notice to the property owner by ordinary first-class mail at his/her address stated in the Village property tax rolls shall be liable to the Village for the following additional charge: $150 per billing period until the water meter has been installed, or the cost to the Village to install the water meter, whichever is greater.
[Amended 6-4-2012 by L.L. No. 4-2012]
H. 
If a property owner has difficulty or hardship in installing a water meter as required under this article, the Village may grant the property owner a variance in installation of such water meter, but subject to terms and conditions as the Village deems appropriate. Rates for properties receiving variances will be reviewed from time to time by the Village.
I. 
It shall be the duty of the Village or such employee of the Village to seal all water meters, and bypass valves on waterlines of metered customers. The type and kind of seal used shall be determined and furnished by the Village. The breaking of any seal, or the authorizing thereof, or the opening of any water meter by pass valve, or the authorizing thereof by any person, firm or corporation is prohibited except by the Village or its representative.
J. 
After three attempts by the Village to get access to the owners' property to check or repair the meter, the owners will be charged $200 per billing period until the water meter is repaired.
A. 
The Village will maintain all water service from the street main to the property line.
B. 
All pipes and appurtenances on private property shall be maintained by, and at the expense of, the property owner. The Village, where it shall deem such action necessary, may do maintenance or repair work on private property, in which case the cost, including overhead expenses, shall be paid by the property owner. The cost of any work outside of the property line made necessary by the neglect or through the action of a property owner or tenant shall be charged to the property owner.
C. 
In the event of a complaint regarding a leak on a water service, the Village will determine if the leak is a public hazard, in which case the leak will then be repaired by the Village. If it is found that the leak is not the Village's responsibility the owner will be notified, and it shall be his responsibility to have the leak repaired at once by a plumber at the owner's expense. If the property owner fails to make such repairs within five days after written notification by the Village, the Village, in order to conserve water and protect the health of the residents, will make such repairs as are necessary and will bill the owners for the cost of such work.
Water from the Village's system may be used for residential, business, industrial and public purposes. The Village reserves the right to impose at any time such restrictions on the use of water as, in its judgment, may be necessary.
A. 
No person, other than an authorized employee of the Village or a member of the Fire Department acting under order of the Fire Chief or his representative in the performance of his duties, may operate a public fire hydrant, unless in possession of a permit from the Village.
B. 
Public or private fire hydrants may not be used for flushing or for any other purposes except for special written permission of the Village, for the time and at the location specified. If such permission is granted, the water used shall be paid for by the user, who shall be charged for the water at the prevailing water rates.
A. 
All buildings which are served with public water from the Village's system shall have approved water supply and plumbing fixtures and piping. Where the fixtures do not exist, or are not in good condition, in the judgment of the Village, they shall be altered or repaired, as the case may be, in such a manner as shall be required and within the time named, by notice served by the Village upon the property owner or occupant.
B. 
The Village may at any time inspect existing plumbing systems and require such modifications as in its judgment may be necessary to put said plumbing in an approved, sanitary condition.
A. 
Potable water supply systems shall be designed, installed and maintained in such manner as to prevent nonpotable liquids, solids, or gases from being introduced into the potable water supply through cross-connections or any other piping connections to the system.
B. 
Piping conveying potable water shall be constructed of nontoxic material. No chemicals or other substances that could produce either toxic conditions, taste, odor or discoloration in a potable water system shall be introduced into or used in such systems. The interior surface of a potable water tank shall not be lined, painted or repaired with any material which will affect either the taste, odor, color or potability of the water supply when the tank is placed in or returned to service.
C. 
No physical connection or cross-connection shall be permitted between the public water supply and an industrial, fire or other auxiliary or emergency water supply source. This prohibition applies to all piping systems, whether inside or outside of any building or buildings.
D. 
Backflow or back siphonage.
(1) 
No plumbing fixture or device shall be installed which will provide a cross-connection between the Village's water supply and a drainage or sewerage system so as to permit or make possible the backflow of sewage or waste into the Village's water supply, nor shall any plumbing fixture or device be installed which will provide a possible cross-connection between the Village's water supply system and any well, spring, cistern, river or other private source of water supply. No water closet bowl shall be supplied directly from a domestic water supply system through a flush valve unless such valve is set above the water closet bowl in a manner so as to prevent any possibility of polluting the water supply and the valve is protected by an approved air-break or backflow preventers.
(2) 
In order to prevent back-siphonage, all heating plants connected to the water system shall have a Village-approved check valve installed on the waterline supplying the plant, and the check valve shall be installed ahead of the plant's automatic water feed or ahead of the boiler shut-off valve.
(3) 
All humidifiers or similar devices having the water inlet below the overflow level shall be equipped with a Village-approved nonsyphon ball cock.
(4) 
Water which has been used for cooling or heating purpose shall not be reused for domestic purposes.
E. 
For soda, bar, laboratory, dental, medical, surgical and other appliances requiring either a waste supply connection and plumbing fixtures, no such fixture may be connected to either a waste or water supply unless the fixture is approved as free of any possibility of cross-connection or back siphonage. Dental, surgical, or other aspirators shall not be of the type operated by water pressure, unless equipped with a Village-approved vacuum break device.
No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure or equipment which is a part of the waterworks. Any person violating this provision shall be subject to immediate arrest under the charge of disorderly conduct or for violation of the laws of the State of New York.
The Village and other duly authorized employees or representatives of the Village bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspections, observations, measurements, sampling, meter reading and repair, removing and testing water meters.
The Village or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the interconnection of potable water supply lines with industrial process water supply systems and on the amounts of water required from the public water supply system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
The Village is authorized to require a deposit of up to 100% of the estimated cost of connecting to the Village water mains. All costs and expense incidental to the installation and connection of the building water service will be borne by the owner. The owner will indemnify the Village from any loss or damage that may directly or indirectly be the result of the installation of the building water service. No unauthorized person shall uncover, make any connectors with, use, or disturb any public water main or water service without first obtaining a written permit from the Village Board or its representatives. There shall be three classes of building water service permits: 1) residential service; 2) commercial service; 3) industrial service. In each case, the owner or his agent shall make application to the Village for a permit. When requested, the permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Village.
The Village reserves the right to increase or decrease the rates and charges and to establish different classifications as to rates for residential, commercial or industrial use and for special use where multiple units or dwelling units are served by a single building water service or by two or more water services.
All rates, charges and/or fines referred to shall constitute a lien on the real estate served and shall be collectable in the same manner as Village taxes.
Any person committing an offense against any of the provisions of this article shall be punished, upon conviction, by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or both such fine and imprisonment.
Any person found violating any provision of this article shall become liable to the Village for any expense, loss or damage which occurred as a result of the violation.
The Village Board reserves the right to modify or amend these rules and regulations at any time and to make additional reasonable rules as may seem best to regulate the water supply.
[HISTORY: Adopted by the Board of Trustees of the Village of Fort Edward 10-3-2011 by L.L. No. 1-2011. Amendments noted where applicable.]
This article is adopted in accordance with the Municipal Home Rule Law of the State of New York, and the Village Law of the State of New York. Furthermore, it is enacted in accordance with the Federal Safe Drinking Water Act of 1974, and the statutes of the State of New York, and those certain terms, conditions and provisions of the New York State Sanitary Code, Part 5, § 5-1.31.
The purpose of this article is to safeguard potable water supplies from potential contamination by preventing backflow from a water user's system into the public water system. It is the intent of this article to recognize that there are varying degrees of hazard and to apply the principal that the degrees of protection should be commensurate with the degrees of hazard. Further, it is the intent of the Village of Fort Edward, New York, to comply with the requirements of New York State Sanitary Code, Part 5, § 5-1.31, which section mandates that the supplier of water protect their water system in accordance with procedures acceptable to the Commissioner of Health. These mandated requirements are set forth in the Cross-Connection Control Manual published by the New York State Department of Health (NYSDOH), and to that extent, the terms, conditions and provisions of the New York State Sanitary Code, Part 5, § 5-1.31, and the Cross-Connection Control Manual are incorporated in this article by reference as if more fully stated.
The Water Superintendent shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or backsiphonage of contaminants or pollutants through the water service connection. If, in the judgment of the Water Superintendent, an approved backflow device is required at the Village's water service connection to any customer's premises, the Water Superintendent, or his delegated agent, shall give notice in writing to said customer to install an approved backflow prevention device at each service connection to his premises. The customer shall, within 90 days, install such approved device, or devices, at his own expense, and failure or refusal, or inability on the part of the customer to install said device or devices within 90 days, 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:
APPROVED
Accepted by the Water Superintendent as meeting an applicable specification stated or cited in this regulation, or as suitable for the proposed use. Devices must be approved by the New York State Department of Health as a complete assembly and must be installed so that the device is readily accessible for maintenance and testing, and in a location where no part of the valve will be submerged.
AUXILIARY WATER SUPPLY
Any water supply, on or available, to the premises other than the approved municipal public potable water supply.
BACKFLOW
The flow of water or other liquids, mixtures or substances, under positive or reduced pressure in the distribution pipes of a potable water supply from any source other than its intended source.
BACKFLOW PREVENTER
A device or means designed to prevent backflow or backsiphonage. Most commonly categorized as air gap, reduced pressure principle device, double check valve assembly, pressure vacuum breaker, atmospheric vacuum breaker, hose bibb vacuum breaker, residential dual check, double check with intermediate atmospheric vent, and barometric loop.
A. 
A physical separation sufficient to prevent backflow between the free-flowing discharge end of the potable water system and any other system. Physically defined as a distance equal to twice the diameter of the supply side pipe diameter but never less than one inch.
B. 
A device which prevents backsiphonage by creating an atmospheric vent when there is either a negative pressure or subatmospheric pressure in a water system.
C. 
A fabricated piping arrangement rising at least 35 feet at its topmost point above the highest fixture it supplies. It is utilized in water supply systems to protect against backsiphonage.
D. 
An assembly of two independently operating spring-loaded check valves with tightly closing shutoff valves on each side of the check valves, plus properly located test cocks for the testing of each check valve.
E. 
A device having two spring-loaded check valves separated by an atmospheric vent chamber.
F. 
A device which is permanently attached to a hose bibb and which acts as an atmospheric vacuum breaker.
G. 
A device containing one or two independently operated spring-loaded check valves and an independently operated spring-loaded air inlet valve located on the discharge side of the check or checks. Device includes tightly closing shutoff valves on each side of the check valves and properly located test cocks for the testing of the check valve(s).
H. 
An assembly consisting of two independently operating approved check valves with an automatically operating differential relief valve located between the two check valves, tightly closing shutoff valves on each side of the check valves plus properly located test cocks for the testing of the check valves and the relief valve.
I. 
An assembly of two spring-loaded, independently operating check valves without tightly closing shutoff valves and test cocks. Generally employed immediately downstream of the water meter to act as a containment device.
BACKPRESSURE
A condition in which the owner's system pressure is greater than the supplier's system pressure.
BACKSIPHONAGE
The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.
COMMISSION
The State of New York Department of Health Control Commission.
CONTAINMENT
A method of backflow prevention which requires a backflow preventer at the water service entrance.
CONTAMINANT
A substance that will impair the quality of the water to a degree that it creates a serious health hazard to the public leading to poisoning or the spread of disease.
CROSS-CONNECTION
Any actual or potential connection between the public potable water supply and a source of contamination or pollution.
DEPARTMENT
Village of Fort Edward Water Department.
FIXTURE ISOLATION
A method of backflow prevention in which a backflow preventer is located to correct a cross-connection at an in-plant location rather than at a water service entrance.
OWNER
Any person who has legal title to, or license to operate or habitat in, a property upon which a cross-connection inspection is to be made or upon which a cross-connection is present.
PERMIT
A document issued by the Department which allows the use of a backflow preventer.
PERSON
Any individual, partnership, company, public or private corporation, political subdivision or agency of the state, agency or instrumentality or the United States or any other legal entity.
POLLUTANT
A foreign substance, that if permitted to get into the public water system, will degrade its quality so as to constitute a moderate hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably effect such water for domestic use.
RESPONSIBLE MUNICIPAL OFFICIAL
The Water Superintendent, or his delegated representative, is invested with the authority and responsibility for the implementation of a cross-connection control program and for the enforcement of the provisions of this article.
WATER SERVICE ENTRANCE
That point in the owner's water system beyond the sanitary control of the District; generally considered to be the outlet end of the water meter and always before any unprotected branch.
A. 
The Department will operate a cross-connection control program, to include the keeping of necessary records, which fulfills the requirements of the Commission's cross-connection regulations and is approved by the Commission.
B. 
The owner shall allow his property to be inspected for possible cross-connections and shall follow the provisions of the Department's program and the Commission's regulations if a cross-connection is permitted.
C. 
If the Department requires that the public supply be protected by containment, the owner shall be responsible for water quality beyond the outlet end of the containment device and should utilize fixture outlet protection for that purpose. He may utilize public health officials, or personnel from the Department, or their delegated representatives, to assist him in the survey of his facilities and to assist him in the selection of proper fixture outlet devices, and the proper installation of these devices.
A. 
Department.
(1) 
On new installations, the Department will provide on-site evaluation and/or inspection of plans in order to approve the backflow preventer, if any, that will be required, and will issue permit. The owner shall submit proof of installation and testing results verifying that the backflow preventer was installed properly and is functioning. In any case, a minimum of a dual check valve will be required in any new construction.
(2) 
For premises existing prior to the start of this program, the Department will perform evaluations and inspections of plans and/or premises and inform the owner by letter of any corrective action deemed necessary, the method of achieving the correction, and the time allowed for the correction to be made. Ordinarily, 90 days will be allowed, however, this time period may be shortened depending upon the degree of hazard involved and the history of the device(s) in question.
(3) 
The Department will not allow any cross-connection to remain unless it is protected by an approved backflow preventer for which a permit has been issued and which will be regularly tested to insure satisfactory operation.
(4) 
The Department shall inform the owner by letter of any failure to comply by the time of the first reinspection. The Department will allow an additional 15 days for the correction. In the event the owner fails to comply with the necessary correction by the time of the second reinspection, the Department will inform the owner by letter that the water service to the owner's premises will be terminated within a period not to exceed five days. In the event that the owner informs the Department of extenuating circumstances as to why the correction has not been made, a time extension may be granted by the Department but in no case will exceed an additional 30 days.
(5) 
If the Department determines at any time that a serious threat to the public health exists, the water service will be terminated immediately.
(6) 
The Department shall have on file, a list of private contractors who are certified backflow device testers. All charges for these tests will be paid by the owner of the building or property.
(7) 
The Department will begin initial premises inspections to determine the nature of existing or potential hazards, following the approval of this program by the Commission, during the calendar year. The initial focus will be on high-hazard industries and commercial premises.
B. 
Owner.
(1) 
The owner shall be responsible for the elimination or protection of all cross-connections on his premises.
(2) 
The owner, after having been informed by a letter from the Department, shall, at his expense, install, maintain, and test, or have tested, any and all backflow preventers on his premises.
(3) 
The owner shall correct any malfunction of the backflow preventer which is revealed by periodic testing.
(4) 
The owner shall inform the Department of any proposed or modified cross-connections and also any existing cross-connections of which the owner is aware but has not been found by the Department.
(5) 
The owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Owners who cannot shut down operation for testing of the device(s) must supply additional devices necessary to allow testing to take place.
(6) 
The owner shall install backflow preventers in a manner approved by the Department.
(7) 
The owner shall install only backflow preventers approved by the Department or the Commission.
(8) 
Any owner having a private well or other private water source must have a permit if the well or source is cross-connected to the Department's system. Permission to cross-connect may be denied by the Department. The owner may be required to install a backflow preventer at the service entrance if a private water source is maintained, even if it is not cross-connected to the Department's system.
(9) 
In the event the owner installs plumbing to provide potable water for domestic purposes which is on the Department's side of the backflow preventer, such plumbing must have its own backflow preventer installed.
(10) 
The owner shall be responsible for the payment of all fees for permits, annual device testing, retesting in the case that the device fails to operate correctly, and second reinspections for noncompliance with Department or Commission requirements.
The Department recognizes the threat to the public water system arising from cross-connections. All threats will be classified by degree of hazard and will require the installation of approved reduced pressure principle backflow prevention devices or double check valves.
The Department shall not permit a cross-connection within the public water supply system unless it is considered necessary and that it cannot be eliminated.
A. 
Cross-connection permits that are required for each backflow prevention device are obtained from the Department. The testing fee, as provided for in this article, will be charged for the initial permit and retesting fee, as provided for in this article, and will be charged for the renewal of each permit.
B. 
Permits shall be renewed every five years and are nontransferable. Permits are subject to revocation and become immediately revoked if the owner should so change the type of cross-connection or degree of hazard associated with the service.
C. 
A permit is not required when fixture isolation is achieved with the utilization of a nontestable backflow preventer.
Any existing backflow preventer shall be allowed by the Department to continue in service unless the degree of hazard is such as to supersede the effectiveness of the present backflow preventer, or result in an unreasonable risk to the public health. Where the degree of hazard has increased, as in the case of a residential installation converting to a business establishment, any existing backflow preventer must be upgraded to an approved device.
A. 
All backflow preventers shall be tested and inspected at least annually.
B. 
Periodic testing shall be performed by a certified tester. This testing will be done at the owner's expense.
C. 
Any backflow preventer which fails during a periodic test will be repaired or replaced. When repairs are necessary, upon completion of the repair, the device will be retested at owner's expense to insure correct operation. High-hazard situations will not be allowed to continue unprotected if the backflow preventer fails the test and cannot be repaired immediately. In other situations, a compliance date of not more than 30 days after the test date will be established. The owner is responsible for spare parts, repair tools, or a replacement device. Parallel installation of two devices is an effective means of the owner insuring that uninterrupted water service during testing or repair of devices and is strongly recommended when the owner desires such continuity.
D. 
Backflow prevention devices will be tested more frequently than specified in Subsection A above in cases where there is a history of test failures and the Department feels that, due to the degree of hazard involved, additional testing is warranted. Cost of the additional tests will be born by the owner.
A. 
Records. The Department will initiate and maintain the following:
(1) 
Master files on customer cross-connection tests and/or inspections.
(2) 
Master files on cross-connection permits.
(3) 
Copies of permits and permit applications.
(4) 
Copies of lists and summaries supplied to the Commission.
B. 
Reports. The Department will submit the following to the Commission:
(1) 
Initial listing of low-hazard cross-connections to the state.
(2) 
Initial listing of high-hazard cross-connections to the state.
(3) 
Annual update lists of items in Subsection B(1) and (2) above.
(4) 
Annual summary of cross-connection tests and/or inspections to the state.
The Village Board of Trustees shall, by resolution thereof, establish and amended from time to time all fees required by this article. Upon resolution by the Village Board of Trustees, the Department will publish a list of fees or charges for the following services or permits:
A. 
Testing fees.
B. 
Retesting fees.
C. 
Fee for reinspection.
D. 
Charges for after-hours inspections or tests.
A. 
Noncompliance; discontinuance of service.
(1) 
Delivery of water to the premises of any owner may be discontinued by the Department if any preventative device required by this article has not been installed, inspected, tested and maintained or is defective or has been removed or bypassed.
(2) 
Emergency discontinuance. Delivery of water shall be discontinued immediately and without notice to the owner if the Department or Commission determines that:
(a) 
The Village water supply is being contaminated or is in immediate danger of contamination;
(b) 
A preventative device required by this article has not been installed or is defective or has been removed or bypassed; and
(c) 
The owner can not be immediately located.
(3) 
Delivery of water shall not be resumed until any preventative device required by this article and approved by the Department has been properly installed or until conditions at the consumer's premises causing the contamination danger or contamination have been abated or corrected to the satisfaction of the Department.
B. 
Notice.
(1) 
All notices sent in accordance with this article shall state the following:
(a) 
The conditions or defects which must be corrected;
(b) 
The manner in which the stated conditions or defects are to be corrected; and
(c) 
The date on or after which delivery of water will be discontinued and which shall not be fewer than 15 days nor more than 90 days following the date of delivery of mailing of the notice. The Department may grant the owner an extension of an additional period not to exceed 90 days if he determines the owner has exercised due diligence, but has been unable to comply with all of the requirements contained in the notice within the time originally allowed.
(2) 
The notice shall be given by delivering the same to the owner, the manager or agent thereof or to any person in charge of or employed in the place of business of the owner, or, if the consumer has no place of business, then at the place of residence of the owner, if known, or by leaving the notice at either the place of business or the property. If the owner can not be located, service of the notice shall be mailed, postage paid, addressed to the owner at the place of business or address set forth in the application of owner for water service in the records of the Village.
C. 
If any facility served by a water system denies the Department access to their premises for the purposes of determining if protection of the public water system is necessary, then the maximum protection condition shall be imposed with the requirement that the number of devices shall equal the number of service lines.
D. 
The following penalties shall be applicable for a violation of this article:
(1) 
Failure to install the appropriate backflow prevention device within a prescribed time frame after first notice: $250.
(2) 
Failure to install the appropriate backflow prevention device within prescribed time frames after second notice: termination of service
(3) 
Failure to at least annually test the backflow prevention device: $300 and/or termination of water service.
(4) 
Failure to replace or repair a backflow prevention device as required: $1,000 and/or termination of water service
This article shall take effect upon filing with the New York State Department of State.