[Adopted 4-6-2005 by L.L. No. 2-2005]
The purpose of this article is:
A. 
To protect the public potable water supply of the Town of Saugerties from the possibility of contamination by isolating within its customers' internal distribution system or its customers' private water system such contaminants or pollutants which could backflow into the public water supply system; and
B. 
To comply with the requirements of the New York State Sanitary Code § 5-1.31.[1]
[1]
Editor's Note: See 10 NYCRR Part 5 for regulations concerning public water systems.
For the purpose of this article, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:
AIR GAP SEPARATION
A physical break between a supply pipe and a receiving vessel. The 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 CHECK VALVE
A check valve that seats readily and completely. It must be carefully machined to have free-moving parts and assured watertightness. The face of the closure element and valve seat must be bronze or other noncorrodible material, which will seat tightly under all prevailing conditions of field use. Pins and brushings shall be bronze or other noncorrodible, nonsticking material, machined for easy, dependable operation. The closure element (e.g., clapper) shall be internally weighted or otherwise equipped to promote rapid and positive closure in all sizes where this feature is obtainable.
APPROVED REDUCED PRESSURE ZONE (RPZ) BACKFLOW PREVENTION DEVICE
A device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, two shutoff valves, and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two check valves less than the pressure on the public water supply side of the device. At cessation of normal flow, the pressure between the check valves shall be less than the supply pressure. In case of leakage of either valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. To be approved, these devices must be readily accessible for maintenance and testing and installed in a location where no part of the device will be submerged.
APPROVED WATER SUPPLY
Any water supply approved by or under the public health supervision of a public health agency of the State of New York, the County of Ulster, or the Town of Saugerties. In determining what constitutes an approved water supply, the Department of Public Health of the State of New York (herein called the "State Health Department") shall have the final judgment as to its safety and potability.
AUXILIARY WATER SUPPLY
Any water supply on or available to the premises other than the Town water supply.
CONSUMER
Any person to whom water is sold and furnished from the Town of Saugerties water system (as described in the definition of "person").
CONTAMINATION
An impairment of the quality of the Town water supply by the presence of a foreign substance (organic, inorganic, radiological or biological) to a degree which creates a hazard to the public health.
COUNTY HEALTH OFFICER
The Ulster County Health Officer, his assistants, or authorized deputies acting as, or any other person appointed as, Health Officer of the County of Ulster.
CROSS-CONNECTION
Any unprotected connection between any part of the Town waterworks system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as safe, wholesome, and potable for human consumption.
MAY
Is permissive.
NONTOXIC/NONHAZARDOUS SUBSTANCE
Any substance of a nonpoisonous nature that may create a moderate or minor hazard to the water supply system.
PERSON
Any natural person, firm, association, organization, partnership, trust or association of persons, joint venture, corporation, or company, and includes the United States, the State of New York, the County of Ulster and Special Purpose District, and any officer or agent thereof.
PREMISES
Integrated land area, including improvements thereon, undivided by public thoroughfares or water distribution mains of the Town of Saugerties and where all parts of the premises are operated under the same management and for the same purpose.
PROTECTIVE DEVICE
Any of the following devices:
A. 
Air gap separation.
B. 
Approved reduced pressure zone (RPZ) backflow-prevention device.
C. 
Approved double-check valve assembly.
RATING OF FACILITIES
Facilities are rated as a hazardous or nonhazardous facility based on New York State Department of Health (NYSDOH) Cross-Connection Criteria guidance. The Superintendent shall have the authority using NYSDOH guidance to rate the facility.
SERVICE CONNECTION
The terminal end of a water service connection from the Town water supply at its point of delivery to the consumer. If a meter is installed, "service connection" means the downstream end of the meter. No unprotected takeoffs from the service line ahead of any meter or backflow protective device located at the point of delivery to the consumer shall be permitted.
SHALL
Is mandatory.
SUPERINTENDENT
The Superintendent of Water of the Town of Saugerties or his authorized representatives.
TOWN
The Town of Saugerties and includes, but is not limited to, the Barclay Heights Water District, Glasco Water District and Malden Water District.
TOWN WATER SUPPLY
An approved water supply sold and delivered to consumers' premises through the waterworks system of the Town of Saugerties, including but not limited to the Barclay Heights Water District, Glasco Water District and Malden Water District.
TOXIC/HAZARDOUS SUBSTANCE
Any substance (liquid, solid or gaseous), including raw sewerage and lethal substances, that when introduced into the water supply system creates or may create a danger to the health and well-being of the consumer.
A. 
Auxiliary water supply. Each service connection from the Town water supply for furnishing water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the Town water supply.
(1) 
If the auxiliary water supply is handled in a separate piping system with no known cross-connection, the Town water supply shall be protected by an approved double-check valve assembly installed at the service connection to the premises. When the auxiliary water supply has the potential to be contaminated, the Superintendent may order the Town water supply protected by an air gap separation or an approved-reduced-pressure-principle backflow-prevention device installed at the service connection.
(2) 
If the auxiliary water supply is handled in a separate piping system and cross-connections are known to exist between the Town water supply and the auxiliary water supply which cannot presently be eliminated, the Town water supply shall be protected by an approved reduced-pressure-principle flow-prevention device installed at the service connection to the premises. When the auxiliary supply could be contaminated, the Superintendent may order the Town water supply protected by an air gap separation installed at the service connection.
B. 
Toxic or hazardous facilities. Should a facility be rated hazardous, using NYSDOH criteria, a reduced pressure zone device shall be required. A reduced pressure zone device shall also be required if the facility were rated nonhazardous and the auxiliary water system did not meet the water quality requirements of Part 5 of the NYSDOH sanitary code.[1]
[1]
Editor's Note: See 10 NYCRR Part 5.
C. 
Nonhazardous facilities. At the service connection to any premises on which a substance that would be objectionable (but not necessarily hazardous to health) if introduced into the Town public water supply system or is handled in such a manner as to constitute a cross-connection, the Town water supply shall be protected by an approved double-check valve assembly.
D. 
Nonhazardous to hazardous facilities. In the event a facility is rated nonhazardous and later becomes hazardous, written notification of at least 30 days must be given to the Superintendent before the change takes place. Protection by the use of a protective device as required on hazardous substances must be installed.
E. 
Sewage treatment plant and pumping stations. At the service connection to any sewage treatment plant or sewage pumping station, the Town water supply shall be protected by an air gap separation. The air gap shall be located as close as practicable to the service connection, and all piping between the service connection and receiving tank shall be entirely visible. If these conditions cannot be reasonably met, the Town water supply shall be protected with an approved reduced-pressure-zone (RPZ) backflow-prevention device, providing this alternative is acceptable to both the Superintendent and the County Health Officer. A final decision in this matter shall be made by the NYSDOH.
F. 
Fire system. At the service connection to any premises in which a fire protection system is installed, the Town water supply shall be protected based on the water source and arrangement of supplies in accordance with the following classifications:
(1) 
Class 1.
(a) 
Direct connections from public water mains only; no pumps, tanks or reservoirs; no physical connections from auxiliary water supplies; no antifreeze or other additives of any kind; all sprinkler drains discharging to atmosphere, dry wells, or other safe outlets.
(b) 
Protection. Single check valve assembly if not already installed in the connections from the street mains.
(2) 
Class 2.
(a) 
Same as Class 1, except booster pumps may be installed in the connections from the street mains.
(b) 
Protection. Single check valve assembly if not already installed in the system.
(3) 
Class 3.
(a) 
Direct connection from public water supply main plus one or more of the following: elevated storage tanks; fire pumps taking suction from aboveground covered reservoirs or tanks; and pressure tanks.
(b) 
Protection. Double-check valve assembly.
(4) 
Class 4.
(a) 
Directly supplied from public mains similar to Classes 1 and 2 and with an auxiliary water supply on or available to the premises; or an auxiliary water supply on or available to the premises; or an auxiliary supply may be located within 1,700 feet of the pumper connection.
(b) 
Protection. Air gap or reduced-pressure-principle backflow-prevention device.
(5) 
Class 6.
(a) 
Combined industrial and fire protection systems supplied from the public water mains only, with or without gravity storage or pump suction tanks.
(b) 
Protection. Determined by the Superintendent upon review of engineering drawings of the system.
G. 
Lawn-sprinkling systems. At the service connection to any permanently installed lawn-sprinkling system, the Town water supply shall be protected by an approved double-check valve assembly. If the lawn-sprinkling system handles liquid fertilizers or other chemicals, the Town water supply shall be protected by an approved reduced-pressure-zone (RPZ) backflow-prevention device.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Consumer responsibility. It shall be the responsibility of each consumer at his own expense to furnish, install, and keep in good working and safe condition any and all protective devices required in this article. All backflow-prevention-device installations must meet NYSDOH requirements. The Town shall not be responsible for any loss or damage directly or indirectly resulting from or caused by the improper or negligent installation, operation, use, repair or maintenance of or interfering with any protective service by any consumer or any other person.
B. 
Conflict. Whenever two or more conditions exist on any premises for the correction of which different protective devices are required in this article, the consumer shall be required only to install the protective device which, in the opinion of the Superintendent and County Health Officer, affords the maximum protection of the Town public water supply system.
The consumer on whose premises any protective device is installed shall have each such device inspected annually. If successive inspections disclose repeated failures in the operation of any device, the Superintendent may require more frequent inspections. Each device shall be repaired, overhauled or replaced at the expense of the consumer whenever it is found to be defective. Records of such test, repairs, and overhauls shall be kept and a copy of such records forwarded to the Superintendent on an annual basis. The Superintendent shall have the duty of determining that the inspections required herein are performed properly. If following demand therefor, the consumer fails to have any of the inspections made as required herein or to make the above-described records available, the Superintendent shall have the right to have the device inspected and the consumer shall pay the cost thereof.
A. 
No water service connection shall be installed on the premises of any consumer unless the Town water supply is protected as required by this article.
B. 
Delivery of water to the premises of any consumer may be discontinued by the Superintendent if any protective device required by this article has not been installed, inspected, tested and maintained, or is defective, or has been removed or bypassed.
C. 
Discontinuation of delivery.
(1) 
Delivery of water shall be discontinued immediately and without notice to the consumer if the Superintendent or County Health Office determines that:
(a) 
The Town public water supply system is being contaminated or is in immediate danger of contamination.
(b) 
A protective device required by this article has not been installed, or is defective, or has been removed or bypassed.
(2) 
Delivery of water shall not be resumed until any protective device required by this article and approved by the Superintendent has been property installed, or until conditions at the consumer's premises causing the contamination or danger of contamination have been abated or corrected to the satisfaction of the Superintendent and County Health Officer.
D. 
Except as provided in Subsection C, delivery of water shall not be discontinued until written notice thereof has been given to the consumer.
(1) 
This notice shall state:
(a) 
The conditions or defect 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, which shall not be less than 15 days nor more than 90 days following the date of delivery or mailing of the notice. The Superintendent may grant the consumer an extension of an additional period not to exceed 90 days if he determines the consumer has exercised due diligence but has been unable to comply with the notice within the time originally allowed.
(2) 
The notice shall be given by delivering the same to the consumer, the manager or agent thereof, or to any person in charge of or employed in the place of business of the consumer; or, if the consumer has no place of business, then at the place of residence of the consumer if known, or by leaving the notice at either the place of business or the residence of the consumer. If the consumer cannot be found, service of the notice shall be mailed, postage fully prepaid, addressed to the consumer at the place of business or residence set forth in the application of consumer for water service in the records of the Town. Once discontinued, delivery of water shall not be resumed until any protective device required by this article and approved by the Superintendent has been properly installed, or until the conditions at the consumer's premises creating the need for a protective device have been abated or corrected to the satisfaction of the Superintendent and the County Health Officer.
E. 
For the purpose of making any inspections or discharging the duties imposed by this article, the Superintendent and County Health Officer shall have the right to enter upon the premises of any consumer. Each consumer, as a condition of the continued delivery to his premises of water from the Town public water supply system, shall be considered as having stated his consent to the entry upon his premises of the Superintendent and County Health Officer for the purposes stated herein.
All currently 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 § 238-12, be excluded from the requirements of these rules so long as the Superintendent is assured that they will satisfactorily protect the Town's water supply system. Whenever an existing device is moved from its present location or requires more than minimum annual maintenance, the Superintendent may require the unit be replaced by a backflow-prevention device meeting the requirements of this article.