[Adopted 8-6-2009 by L.L. No. 2-2009]
A.
To protect the public potable water supply of the Town of Lima, Livingston
County, New York, from the possibility of contamination by isolating
within its customers' internal distribution system(s) such contaminants
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.
The Town of Lima Water Superintendent shall be responsible for
the protection of the Town of Lima water distribution system from
contaminants that have been demonstrated to the reasonable satisfaction
of said Superintendent to enter the water distribution systems through
a customer's water service connection. If, in the judgment of
said Superintendent, an acceptable backflow prevention device is required
at the Town's water 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
approved 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 grounds for discontinuing water service to the premises
upon five days' notice to the customer or customer's agent
or assigns until such device or devices have been properly installed.
As used in this part, the following terms shall have the meanings
indicated:
An acceptable air gap reduced-pressure zone or double-check
valve assembly as used to contain potential contamination within a
facility. In order for the reduced-pressure-zone device or 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 good-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 floodwater 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 Town of Lima Water Superintendent as meeting
an applicable specification stated or cited in this code as suitable
for the proposed use.
Any water supply on or available to the premises other than
the Town of Lima approved public water supply. These auxiliary waters
may include water from any natural source(s) such as a well, spring,
stream, etc., or used water. 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 differential in pressure, that
causes the flow of water or other liquids and/or gases into the distribution
pipes of the Town of Lima supply from any source other than its intended
source.
That individual or firm approved to accomplish the necessary
inspection and operational tests of backflow devices, including but
not limited to the Town of Lima Water Superintendent.
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 Lima
supply system throughout a customer's property or facility. The
system shall include all those parts of the piping beyond the control
point of the Town's water 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 water facilities from the Town 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 include,
but are not limited to, laboratories, sewage treatment plants, chemical
plants, hospitals and mortuaries.
One which does not require the installation of an acceptable
backflow prevention device.
The entire Town of Lima water system, including the treatment
works, transmission mains, distribution system and storage facilities
serving the public, as such are located within the Town and Village
of Lima. 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 to the device, and each device shall be fitted with properly located
cocks.
The Town Highway Superintendent of the Town of Lima is also
authorized to act as the Town Water Superintendent, unless and until
such separate position as Town Water Superintendent is created by
local law duly adopted by the Town Board.
A.
The customer's water system shall be open for inspection at
all times to authorized representatives of the Town of Lima.
B.
The Superintendent and/or Town Engineer 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 of
contaminants, the availability of an auxiliary water supply and the
type of fire-fighting system in use.
C.
An acceptable backflow 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 law and
regulations. The design must be approved by the Superintendent and
all agencies required by the applicable New York State and Town of
Lima 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 tests 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 tests must also be 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,
at the expense of the customer and shall be performed by the device
manufacturer's representative, witnessed by the Town of Lima
representative, or by a certified tester approved by the Town of Lima
Water Superintendent. The Town of Lima Water Superintendent must be
supplied in advance of the selection of said tester(s) and the name
and/or company and the addresses and telephone numbers of those persons
which are certified as testers for backflow prevention devices. It
shall be the duty of the Town Water Superintendent to see that certified
inspection and operational tests of the backflow prevention devices
are made. The customer shall notify the Town Water 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.
F.
All presently installed backflow 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 Town Water 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 or 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 permitted by the Town of Lima unless the water supply
is protected as required by state laws and regulations and the provisions
of the Town Code set forth herein. Service of water to any premises
shall be discontinued by the Town of Lima Water Superintendent if
a backflow prevention device required by this section of the Town
Code is not installed, tested and maintained or it is found that a
backflow prevention device has been removed or bypassed. Service will
not be resumed until such conditions or defects are corrected.
A.
A violation of the provisions of this part is a misdemeanor punishable
by a fine not to exceed $1,000 or imprisonment not to exceed one year
for any one case, said fine to be recovered in an action or proceeding
brought by the Attorney of the Town of Lima in a court of competent
jurisdiction. Each day of a continuing violation shall be subject
to such fine, imprisonment or civil penalty.
B.
The Attorney for the Town of Lima may maintain an action or proceeding in the name of the Town of Lima in a court of competent jurisdiction to compel compliance with this part of the Town Code or restrain by injunction any violation of this part, notwithstanding the provisions of Subsection A hereof for a penalty or other punishment.
C.
Where any violation of this part causes expense to the Town of Lima,
such violation may also be punishable by a civil suit against the
violator brought by the Attorney for the Town of Lima in the name
of the Town of Lima in a court of competent jurisdiction, to recover
such additional cost.
D.
As authorized, if in the reasonable opinion of the Town of Lima Water
Superintendent a backflow prevention device is required to be installed
or serviced, the failure so to do after delivery of a five-day notice
to the customer or customer's agent or assigns shall allow the
Town to discontinue water supply to said customer.
