[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:
ACCEPTABLE BACKFLOW PREVENTION DEVICE
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.
AESTHETICALLY OBJECTIONABLE FACILITY
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.
AIR GAP
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.
APPROVED
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.
AUXILIARY WATER SUPPLY
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.
BACKFLOW
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.
CERTIFIED TESTER
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.
CONTAMINATION
The presence in water of a substance that tends to degrade its quality.
CUSTOMER
A water user served by the supply system.
CUSTOMER'S WATER 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.
DEGREE OF HAZARD
Whether a facility is rated as hazardous, aesthetically objectionable or nonhazardous.
DOUBLE CHECK VALVE ASSEMBLY ACCEPTABLE
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.
HAZARDOUS FACILITY
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.
NONHAZARDOUS FACILITY
One which does not require the installation of an acceptable backflow prevention device.
PUBLIC WATER SUPPLY SYSTEM
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.
REDUCED-PRESSURE-ZONE DEVICE, ACCEPTABLE
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.
SUPERINTENDENT/WATER SUPERINTENDENT
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:
(1) 
Whenever a customer's water system is rated hazardous, an acceptable reduced-pressure-zone device or air gap shall be installed.
(2) 
Whenever a customer's water system is rated aesthetically objectionable, at a minimum an acceptable double check valve assembly shall be installed.
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.