[HISTORY: Adopted by the Town Board of the Town of Little Valley as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-24-2000 by L.L. No. 2-2000]
The purpose of this article is to safeguard potable water supplies from potential contamination by preventing backflow from a water users system into the public water system. It is the intent of this article to recognize that there are varying degrees of hazard and to apply the principal that the degree of protection should be commensurate with the degree of hazard. Further, it is the intent of the Town of Little Valley, New York, to comply with the requirements of New York State Sanitary Code, Part 5, Section 5-1.31 which said section mandates the requirement that the supplier of water protect their water system in accordance with procedures acceptable to the Commissioner of Health. The purpose of these regulations are:
A. 
To protect the public water supply against actual or potential cross-connection by isolating within the premises contamination or pollution that may occur because of some undiscovered or unauthorized cross-connection on the premises.
B. 
To eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption.
C. 
To eliminate cross-connections between drinking water systems and other sources of water or process water used for any purpose whatsoever which jeopardize the safety of the drinking water supply.
D. 
To prevent the making of cross-connections in the future.
E. 
To encourage the exclusive use of public sources of water supply.
A. 
As used in this article, the following terms shall have the meanings indicated:
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 rim of the vessel, in no case less than one inch.
APPROVED CHECK VALVE
A check valve that seals readily and completely. It must be carefully machined to have free-moving parts and assured watertightness. The face of the closure element and valve seal must be bronze composition or other noncorrodible material which will seal tightly under all prevailing conditions of field use. Pins and bushings shall be of bronze and other noncorrodible, nonsticking material, machined for easy dependable operation. The closure element shall be internally righted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable.
APPROVED DOUBLE CHECK VALVE ASSEMBLY
Two single independently acting check valves, including tightly closing shutoff valves located at each end of the assembly and suitable test connections, this device must be approved as a complete assembly.
APPROVED REDUCED PRESSURE ZONE DEVICE
A minimum of two independently acting check valves together with automatically operated pressure differential relief valve located between the two check valves. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere shall operate to maintain the pressure between the checks at less than the supply pressure. The unit must include tightly closing shutoff valves located at each end of the device and each device shall be fitted with properly located test cocks. This device must also be approved as a complete assembly.
APPROVED WATER SUPPLY
Any water supply approved by the New York State Department of Health.
AUXILIARY SUPPLY
Any water supply on or available to the premises other than the approved public water supply.
BACKFLOW
The flow of water or other liquids, mixtures, or substances into the distributing pipes of a potable supply of water from any source or sources other than its intended source. Backsiphonage is one type of back flow.
BACKSIPHONAGE
Backflow resulting from negative pressure in the distributing pipes of a potable water supply.
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
An individual who has successfully completed a New York State Department of Health approved course in the testing of backflow prevention devices and has been issued a certificate by the New York State Department of Health.
CHECK VALVE
A self-closing device which is designed to permit the flow of fluids in one direction and to close if there is a reversal of flow.
CONTAMINATION
See "pollution."
COUNTY HEALTH DEPARTMENT
The Cattaraugus County Health Department.
CROSS-CONNECTION
Any unprotected connection between any part of a water system used or intended to be used as a supply of water for drinking purposes in a source or system containing water or substance that is not or cannot be approved as equally safe, wholesome and potable for human consumption.
HAZARD HEALTH
Any conditions, devices, or practices in the water supply system and its operation which create, or in the judgment of The Town Board may create, a danger to the health and well-being of the water consumer. (An example of a health hazard is a structural defect in the water supply system, whether on location, design, or construction, that regularly or occasionally may prevent satisfactory purification of the water supply or cause it to be polluted from extraneous sources.)
NEW YORK STATE DEPARTMENT OF HEALTH
The New York State Department of Health.
POLLUTION
The presence of any foreign substance (organic, inorganic, radiological, or biological) in water that tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.
SURGE TANK
The receiving, nonpressure vessel forming part of the air gap separation between a potable and an auxiliary supply.
TOWN
The Town of Little Valley, Cattaraugus County, New York. Village. The term "Village" means the Village of Little Valley, Cattaraugus County, New York.
VACUUM BREAKER
Pressure type and nonpressure type. A vacuum breaker which can only be used for internal plumbing control and, therefore, not acceptable as a containment device.
VILLAGE WATER DEPARTMENT
The department or subdivision of the Village (defined earlier) which has direct control and authority over the Village water system.
WATER SUPERVISOR
The consumer or a person on the premises charged with the responsibility of complete knowledge and understanding of the water supply piping within the premises and for maintaining the consumer's water system free from cross-connections and other sanitary defects, as required by this article and all other required regulations and laws.
WATER, NONPOTABLE
Water that is not safe for human consumption or that is of questionable potability.
WATER, POTABLE
Water free from impurities in amounts sufficient to cause disease or harmful physiological effects. Its bacteriological and chemical quality shall conform to the requirements of the County Health Department and the New York State Health Department.
B. 
These mandated requirements are as set forth in the Cross-Connection Control Manual published by the New York State Department of Health (NYSDOH) and to that extent the terms, conditions and provisions of the New York State Sanitary Code, Part 5, Section 5-1.31 and the Cross Connection Control Manual are incorporated in this article by reference as if more fully stated.
A. 
Where protection is required. The water system shall be required to maintain a degree of protection commensurate with the degree of hazard regardless of whether the hazard is immediate or potential. To that extent, the Cross-Connection Control Manual, published by NYSDOH shall be used as a guide to determine where protection is required. It shall be the responsibility of the water user to provide and maintain such required protection devices, and such devices shall be of a type acceptable to the New York State Department of Health.
(1) 
Each service connection from a public water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system.
(2) 
Each service connection from a public water system for supplying water to premises on which any substance is handled under pressure in such fashion as to permit entry into the water system shall be protected against backflow of the water from premises into public water system. This shall include the handling of process waters and waters originating from the public water supply system which have been subject to deterioration in sanitary quality.
(3) 
Each service connection from a public water system for supplying water to premises on which a substance of unusually toxic concentration or danger to health is handled in liquid form, even though it is not under pressure, shall be protected against backflow of the water from premises into the public water system. Examples are plating factories using cyanide and hospitals.
(4) 
Backflow prevention devices shall be installed on the service connection to any premises that have actual or potential internal cross-connections.
(5) 
Backflow prevention devices shall be installed on the service connection to any premises in which the Village Water Department is not allowed to fully and completely review all processes within the facility.
B. 
Responsibility to provide. It shall be the responsibility of the water user to provide protection devices as required under this section.
(1) 
Frequency of inspection of protective devices. It shall be the duty of the water user on any premises or account of which backflow protective devices are installed to have competent inspections made at least once a year, or more often in instances where successive inspections indicate repeated failure. Devices shall be repaired, overhauled, or replace at the expense of the water user whenever they are found to be defective. These tests shall be performed by a qualified backflow prevention device tester and all test results will be provided to the Village Water Department within 72 hours after the test is made. Records of such tests, repairs, and overhaul shall also be kept by the Village Water Department and made available to the water user and the local health department upon request.
(2) 
Upon five days' written notice to the water user, owner, or occupant of any premises, the Superintendent of the Village Water Department or his designee and/or representative of the local health department may inspect any premises within the Village water system to determine whether or not there is an actual or potential violation(s) of this article. The results of this inspection shall be made available to the water user, the Town Board and the local health department.
C. 
Type of protection required. The protective device required shall depend on the degree of hazard as specified below:
(1) 
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 public water supply) is handled so as to constitute a cross-connection, the public water supply shall be protected by an approved double check valve assembly.
(2) 
At the service connection to any premises on which a substance of unusual toxic concentration or dangerous to health is or may be handled, but not under pressure, the public water supply shall be protected by an air gap separation or an approved reduced pressure zone backflow prevention device. If any air gap is installed it shall be located as close as practical to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible. A reduced pressure zone device when installed shall be located as close as possible to the property line.
(3) 
At the service connection to any premises on which any material dangerous to health or toxic substance and toxic concentration is or may be handled under pressure, the public water supply shall be protected by an air gap separation. The air gap shall be located as close as practical to the water meter and any piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot reasonably be met, the public water supply shall be protected with an approved reduced pressure zone backflow prevention device and it shall be located as close as possible to the property line.
(4) 
At the service connection to any sewage treatment plant or sewage pumping station, the public water supply shall be protected by an air gap separation. The air gap shall be located as close as practicable to the water meter and all piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot be reasonably met, the public water supply shall be protected by an approved reduced pressure zone backflow prevention device and it shall be located as close as possible to the property line.
(5) 
At the service connection to any premise where the Village Water Department is not allowed to fully and completely review all process within the facility, the public water supply system shall be protected by an air gap separation or an approved reduced pressure zone backflow prevention device. The air gap shall be located as close as practicable to the water meter and all piping between the water meter and the surge tank shall be entirely visible. The approved reduced pressure zone backflow prevention device shall be located as close as possible to the property line.
D. 
Auxiliary water supplies. Where a residential customer maintains an auxiliary water supply in addition to the public water supply, the two systems must not be interconnected. Where the two systems are interconnected, the following options will be deemed appropriate with existing New York State laws and regulations and with this article .
(1) 
Disconnection of the auxiliary water supply from the public water supply. An inspection to determine compliance will be made initially and at least every three years thereafter or whenever the property is sold. The inspection may be made by the water supplier or the local Code Enforcement Officer;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Installation of an acceptable reduced pressure zone (RPZ) device on the public water supply connection;
(3) 
Proper abandonment of the auxiliary water supply;
(4) 
Sampling for the auxiliary water supply to determine quality in accordance with Sections 5-1.50 and 5-1.51 of the New York State Sanitary Code. Sampling frequency will be specified by the state or local health department. Where water quality does not meet the standards, one of the first three alternatives would apply.
Only three devices are applicable to the containment concept of cross-connection control. These are the double check valve, the reduced pressure zone device and the air gap.
A. 
Before any device for the prevention of backflow or backsiphonage is installed in any new construction or addition or modification to any existing building, it must first be a device placed on the New York State Department of Health list of acceptable devices. When it has successfully passed both the laboratory and field evaluation phases of the Foundation for Cross-Connection Control & Hydraulic Research approval program and the manufacturer has been granted a certificate of approval, this device may be used.
B. 
Plans for the installation of protection devices must be submitted to the Superintendent of the Village Water Department and/or the County Health Department for approval.
C. 
The design for prevention of backflow must be designed by a registered professional engineer of the State of New York.
A. 
No water service connection to any premises shall be installed or maintained by the water user unless the water supply is protected as required by this article and such other applicable local, state and federal laws, rules and regulations.
B. 
If any facility served by a water system denies a Water Department person access to their premises for the purpose of determining if protection to the public water system is necessary, then the maximum protection condition shall be imposed with the requirement that the number of devices shall equal the number of service lines.
C. 
Notification of violations; corrections thereof; action against owner, etc.; termination of water supply. The Superintendent of the Village Water Department shall notify the owner, authorized agent of the owner, or occupant of the building or premises in which there is found a violation of this article of such violation. The Superintendent of the Village Water Department shall also set a reasonable time for the owner to have the violation removed or corrected, which reasonable time shall be determined by the immediate health hazard existing. Upon failure of the person notified to have the defect corrected by the end of the specified time period: 1) the Superintendent of the Village Water Department may, if in his judgment an imminent health hazard exists, cause the water service to the building or premises to be terminated for a period of not more than seven days. Within the seven-day period the Superintendent of the Village Water Department shall notify the Town Clerk of such action. The Town Clerk shall call a special meeting of the Town Board if a regular meeting is not scheduled during the seven-day period and the Town Board shall consider the question of whether or not to terminate water service to the building or premises indefinitely, at which hearing the owner, authorized agent of the owner, occupant, or a person so notified of the violation shall have a reasonable opportunity to be heard, by himself or with counsel; or 2) the Superintendent of the Village Water Department shall notify the owner, authorized agent of the owner, occupant or person notified about the violation that the Town Board shall be notified of the violation at the next regularly scheduled Town Board meeting not less than five days after service of the aforesaid notice and that the Town Board will be asked to consider the question of whether or not to terminate water service to the building or premises indefinitely. At this hearing, the owner, authorized agent of the owner, occupant, or person so notified of the violation shall have a reasonable opportunity to be heard, by himself or with counsel. In either case, in reaching its decision which shall be entered in the minutes of the Board Meeting, the Town Board shall consider all relevant factors, including the imminent health hazard resultant from the continuance of the violation. The Town Board may additionally direct the Town Clerk to commence such action under the criminal procedure law as may be necessary to hold the owner, the authorized agent of the owner or the occupant of the building or premises to whom notification is given in violation of this article, and impose such fine or imprisonment as contained in this section.
D. 
Fines. The following penalties shall be applicable for a violation of this article:
(1) 
The owner or authorized agent of the owner responsible for the maintenance of the plumbing systems in the building fails to install the appropriate backflow prevention device, or who knowingly permits a violation to remain uncorrected after the expiration of time set by the Superintendent of the Village Water Department shall, upon conviction thereof by the court, be required to pay a fine of not more than $250 for each violation. Each day of failure to comply with the requirements of this article, after the specified time period, shall constitute a separate and distinct violation.
(2) 
Failure to install the appropriate backflow prevention device within prescribed timeframes after second notice: termination of service.
(3) 
Failure to at least annually test the backflow prevention device: $300 and/or termination of water service.
(4) 
Failure to replace or repair a backflow prevention device as required: $1,000 and/or termination of water service.