[HISTORY: Adopted by the Town Council of the Town of Geneseo 5-26-2011 by L.L. No. 2-2011. Amendments noted where applicable.]
The purpose of this chapter is:
A.
To protect the public potable water supply of the Town of Geneseo,
Livingston County, New York, from 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 system; and
B.
To comply with the requirements of the New York State Sanitary Code
5-1.31.
A.
The Town of Geneseo Water Superintendent shall be responsible for
administering a program for protection of the Town of Geneseo distribution
system from contamination due to the backflow or siphoning of contaminants
into the public water system.
B.
The water customer shall be responsible for preventing the backflow
of contaminants into the public water system and shall be responsible
for damages caused by the backflow of contaminants into the public
water supply system.
C.
A Professional Engineer shall be responsible for determining the
degree of hazard a water customer may have in relation to the potential
for backflow to occur and preparing an approvable design for the installation
of an acceptable backflow prevention device if deemed necessary.
As used in this chapter, 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's
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 a reviewing authority such as a professional
engineer certifying that the design or device meets an applicable
specification for the intended purpose as indicated in applicable
local law, regulation, state or federal law.
Any water supply on or available to the premises other than
the Town of Geneseo's 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 pressure, chemical
reaction or other circumstance, that results in the contamination
of the public water supply system.
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 supply system.
The piping used to convey water supplied by the Town of Geneseo
supply system throughout a customer's facility. The system shall
include all those parts of the piping beyond the control point of
the Town water systems. 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 Town distribution system.
The determination of the potential for a facility to cause
a backflow condition to occur and the potential for an adverse human
health impact. The degree shall be determined to be either 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
water tightness of each 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, mortuaries.
One which does not require the installation of an acceptable
backflow prevention device.
The entire Town of Geneseo water 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 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 the device shall be fitted with properly located
test cocks.
The uses and infrastructure present for water distribution
and use in a typical home.
The Superintendent of Public Works of the Town of Geneseo.
A.
The customer's water system shall be open for inspection at
all reasonable times to authorized representatives of the Town of
Geneseo.
B.
The water superintendent shall evaluate each premises connected to
the public water supply system and determine if the customer/operation
may pose a hazard to the system greater than those associated with
residential use. Some of the factors to be considered are the use
and availability of contaminants, the use of equipment that may cause
an increase in pressure in the water piping, the availability of an
auxiliary water source and the type of fire suppression system utilized
at the facility.
C.
If it is determined that the customer or operation may pose a hazard
to the public water supply system, the water superintendent or designee
shall give notice in writing that a potential backflow hazard may
be present at the premises and require the owner/operator to hire
a professional engineer to determine the degree of hazard associated
with the premises.
D.
If the professional engineer determines that the operations and appurtenances
used at the premises may pose a hazard to the public water supply
system, or be aesthetically objectionable, the professional engineer
shall prepare a report outlining the hazards and produce design documents
providing detailed plans, specifications and instructions for the
installation of an appropriate and suitable backflow prevention device.
The water superintendent needs to approve the backflow device before
a certificate of occupancy or certificate of compliance can be issued
by the Code Enforcement Official.
E.
The report, plans, specifications and any additional materials prepared
by the professional engineer shall be reviewed and approved by the
Town of Geneseo Water Superintendent and then submitted to the Livingston
County Department of Health for review by a professional engineer.
F.
The submitted plans and documents must meet the requirements of the
applicable regulations and adequately address the backflow potential,
specify approved backflow prevention devices, provide clear instructions
for installation, and provide means for management of discharged water
during device testing and under backflow conditions.
G.
It shall be the responsibility of the water customer at any premises
where backflow prevention devices are installed to have the device
tested at least annually in accordance with applicable regulations.
A certified backflow prevention tester must perform testing of the
backflow prevention devices.
H.
The Town of Geneseo shall maintain a list of certified backflow prevention
device testers.
I.
The repair and maintenance of the backflow prevention device are
the responsibility of the customer or operator of the activities at
the premises.
J.
The Town of Geneseo reserves the right to discontinue water service
to the premises if a backflow prevention device required by this chapter
is not installed, tested and maintained, or if it is found that the
device has been removed or bypassed. Water service shall not be restored
until the backflow prevention device is installed and tested or until
all defects are corrected.
K.
The Town of Geneseo shall maintain a list of all backflow prevention
devices connected to the public water supply system and maintain records
of the status of such units.
A.
A violation of the provisions of § 101-4 is a misdemeanor punishable by a fine not to exceed $1,000 for any one case, to be recovered in an action or proceeding brought by the Attorney for the Town of Geneseo 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 Attorney for the Town of Geneseo may maintain an action or proceeding in the name of the Town of Geneseo in a court of competent jurisdiction to compel compliance with this chapter, or restrain by injunction any violation of this chapter, notwithstanding the provisions of Subsection A hereof for a penalty or other punishment.
C.
Where any violation of this chapter causes expense to the Town of
Geneseo, such violation may also be punishable by a civil suit against
the violator, brought by the Attorney for the Town of Geneseo in the
name of the Town of Geneseo in a court of competent jurisdiction,
to recover such additional cost.
