[Adopted as Ch. 69 of the 1967 Code]
No sewer pipe or water main shall be laid in any street, lane or alley in this City that has not been accepted as a public highway by this City.
[Added 6-12-2007 by L.L. No. 4-2007]
A. 
Authority to inspect. The City of Glens Falls is authorized to inspect any user of the public water supply to determine the degree of hazard of potential contamination of the public water system.
B. 
Inspection and entry. The user of the public water supply shall allow the City of Glens Falls, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to:
(1) 
Enter upon the user of the public water supply's premises for the purpose of inspecting water and waste piping, or determining the degree of hazard posed by the user's facilities;
(2) 
Have access to and copy, at reasonable times, any records that must be kept under the conditions of these regulations;
(3) 
Inspect at reasonable times any facilities, equipment, practices, or operations regulated or required under these regulations;
(4) 
Inspect any production, manufacturing, fabricating, or storage where any pollutants regulated under these regulations could originate or be stored.
C. 
Existence of hazard or potential hazard. If the City of Glens Falls determines that any user of the public water system presents a potential hazard to contamination of the public water system through a cross-connection between the potable water piping system and any other piping system within the premises, the following applies:
(1) 
The user of the public water system that is determined to have a potential hazard to contamination of the public water system through a cross-connection between the potable water piping system and any other piping system within the premises shall be provided a notice of hazardous condition.
(2) 
Upon receipt of a notice of hazardous condition pursuant to this section, the user of the public water system shall comply with the following:
(a) 
Submit plans for the installation of an approved "protective device" to the City of Glens Falls Water and Sewer Department and the New York State Heath Department within 30 days of receipt of said notice of hazardous condition. An "approved protective device" shall be an air gap, reduced-pressure-zone device, double check valve assembly or equivalent protective device consistent with the hazard posed by the service connection.
(b) 
All designs shall be approved by New York State Department of Health (NYSDOH) as required by section 5-1.31 of the Public Health Law (State Sanitary Code).[1]
[1]
Editor's Note: See 10 NYCRR 5-1.31.
(c) 
Upon approval of said protective device, said protective device shall be installed within 30 days of said approval in accordance with the approved plans.
(d) 
Following installation, said protective device shall be tested by an approved backflow device tester within 30 days of the installation, and annually thereafter.
(e) 
Any backflow device tester used to satisfy this subsection must be certified by NYSDOH in accordance with section 5-1.31 of the Public Health Law.[2]
[2]
Editor's Note: See 10 NYCRR 5-1.31.
(f) 
Records of said initial and annual testing shall be provided to the City of Glens Falls Water and Sewer Department by the user of the public water system.
(g) 
The user of the public water supply shall not establish a separate source of water. However, if the user justifies the need for a separate source of water, the supplier of water shall protect the public water system from a user who has a separate source of water and does not pose a hazard as detailed in Subsection C(2)(a) of this section in the following manner:
[1] 
By requiring the user to regularly examine the separate water source as to its quality;
[2] 
By approving the use of only those separate water sources which are properly developed, constructed, protected and found to meet the requirements of sections 5-1.51 and 5-1.52 of Subpart 5-1 of the NYS Public Health Law;[3] and
[3]
Editor's Note: See 10 NYCRR 5-1.
[3] 
By filing such approvals with the state annually.
(h) 
No direct connections between separate sources of water supply and the public water supply shall be permitted.
(i) 
All users of a public water system shall prevent cross- connections between the potable water piping system and any other piping system within the premises.
D. 
Retention of records.
(1) 
The user of the public water supply shall retain records of all testing information, including all calibration and maintenance records required by this regulation, for a period of at least three years from the date of the testing. This period may be extended by request of the City of Glens Falls at any time.
(2) 
All records that pertain to matters that are the subject of special orders or any other enforcement or litigation activities brought by the City of Glens Falls shall be retained and preserved by the user of the public water supply until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
(3) 
The City of Glens Falls shall maintain a file for each required backflow prevention device.
E. 
Violations.
(1) 
Whenever, in the opinion of the City of Glens Falls Water and Sewer Department, after proper examination and inspection, there appears to exist a violation of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, he/she shall serve a written notice of violation upon the appropriate person responsible for such alleged violation.
(2) 
The Water and Sewer Department shall be entitled to serve such notice of violation upon the owner, general agent, manager, tenant, or any party occupying said premises during the period of the violation.
(3) 
Notice of violation. Such notice may be served upon the person to whom it is directed whether by delivering it personally to him/her, or by posting the same upon a conspicuous portion of the building under construction or premises in use and by sending a copy of the same to the person or persons responsible by certified mail. Such notice of violation shall inform the recipient of:
(a) 
The nature and details of such violation;
(b) 
Recommended remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto;
(c) 
The date of compliance by which the violation must be remedied and or removed.
(4) 
Court action. If the party receiving the notice of violation fails to take the recommended action to bring the property into compliance within the time limit set forth in said notice, then said violation shall be considered an offense. Upon the occurrence of an offense, the Water and Sewer Department may bring an enforcement action through the issuance of an appearance ticket and a prosecutor's information This appearance ticket may be issued by the City Engineer and/or the highest-ranking member of the Water and Sewer Department.
(a) 
The appearance ticket and a prosecutor's information setting forth the allegations of the violation of this section shall be served on the party that was served the notice of violation and failed to comply therewith.
(b) 
The appearance ticket and the prosecutor's information shall be filed with the City Court, and the Water and Sewer Department is authorized to prosecute all such violations as violations of the City Code of the City of Glens Falls.
(c) 
The appearance ticket and prosecutor's information may be served via certified mail or personal service. Following service, the party that is alleged to have violated this section shall have the right to contest the prosecution of said violation in City Court.
(d) 
If the Court finds that the party that was served with the notice of violation is guilty of violating said provisions on the basis of the preponderance of evidence, the Court may impose a fine as set forth below.
(e) 
Fines. If the Court finds that an offense has occurred, said offense shall be punishable by a fine of not more than $1,000 for each offense.
(f) 
Continuing offense. If the Court finds an offense has occurred for more than 30 days, then each 30 days that the offense has existed after the notice of violation was served shall constitute an additional offense. The Court may assess a fine of $1,000 for each additional offense.
(g) 
Additional Court action. The imposition of penalties herein prescribed shall not preclude the Water and Sewer Department of the City of Glens Falls, or the City of Glens Falls from instituting any appropriate legal action or proceeding in a court of competent jurisdiction to: prevent an unlawful construction, reconstruction, alteration, repair, conversion, maintenance of use, or use of a property; or to restrain the continuing use or construction of a property, or to compel the party to correct or abate a condition.
(5) 
Imminent hazard disconnection. When a customer's facilities are determined by the City Engineer or the highest-ranking member of the Water and Sea Department to present an imminent hazard with a high risk of contaminating the public water system, the City Engineer or highest-ranking member of the Water and Sewer Department may order water service discontinued to the customer immediately, without advance notice or warning.