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Town of Porter, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Porter 5-28-1969 by L.L. No. 2-1969. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 145.
Subdivision of land  — See Ch. 165
As used in this article, the following terms shall have the meanings indicated:
BUILDING
Includes any structure or enclosure to which water is supplied, whether attached to realty or not.
DISTRICT
Any existing water district or any water district hereinafter formed in the Town of Porter, New York.
OWNER
Includes the owner, tenant, lessee, occupant, of premises supplied with water or the consumer of water or the agent of them.
PREMISES
Includes all places to which water is supplied, whether the same be occupied or vacant.
WATER DEPARTMENT
Refers to the Superintendent of the Water Department, or any person duly designated to act on its behalf.
A. 
Applications for permits for water supply and for replacements or modifications of existing installations shall be made to the Town by the owner of the premises supplied, upon forms to be provided.
B. 
No permit shall be granted for the installation, replacement or modifications of water supply until the fees for tapping mains, connections for service, advance rentals or deposits and all other authorized charges have been paid.
C. 
No permit shall be issued for the installation, repair or replacement of any water supply until the work proposed and materials to be used for such work has been approved by the Town Water Department. The type of materials used for the installation, repair or replacement of any water supply will be determined by the Water Department as approved, from time to time, by resolution of the Town Board.
[Added 4-9-2012 by L.L. No. 2-2012]
[Amended 12-8-1980 by L.L. No. 6-1980]
The charges for installation of water service, including tapping the main, providing service to the right-of-way, and providing the meter, shall be established by the Town Board by resolution from time to time.
Free and full access to all water lines, valves and meters on premises supplied with water by the Town, or to which Town water is believed to be supplied, shall be granted at all reasonable hours to the Water Department.
The installation and maintenance of all privately maintained water service lines shall be in conformity with the following regulations:
A. 
No private service line from a Town main shall be installed, altered or replaced until the same has been inspected and approved by the Water Department.
B. 
No opening shall be made in any Town street, except in full compliance with the Town ordinances, and upon receipt of a permit from the Superintendent of Highways.
C. 
Connections or taps of water mains shall be made by the Water Department. Notification to the Water Department 48 hours in advance of making of such connection or tap is required.
D. 
All service lines must be laid at least four feet deep and no less than four feet distant from any open area or vault. No service pipe shall be laid in the same trench with any storm sewer, sanitary sewer, or other utility lateral, but must be laid, under normal conditions, in a separate trench and not less than 10 feet from any storm or sanitary sewer pipe or utility lateral, except by special authorization of the Water District in extraordinary cases, including where solid rock is encountered. All connections ahead of meter shall be of flared-type connections.
E. 
No new tap shall be made to a water main to connect with a service line which is intended to replace an existing service line, unless the existing service line is properly disconnected at its tap to the water main. The expense of such disconnection shall be borne by the applicant.
F. 
Where a service line is abandoned, the service line must be shut off at the tap and disconnected at the expense of owner.
G. 
There shall be a separate and distinct tap for the service of each residential building supplied with water. Separate and distinct taps shall be provided for each store or place of business. No private water system shall be interconnected with the Town water system.
H. 
Outside service lines, building service pipes, outlets and fixtures shall be maintained in good order and repair, protected from frost, leaks and breaks; and must be promptly repaired if not in good order to prevent waste of water. If the owner fails to observe these requirements, the Water Department may shut off the water supply and assess the cost thereof against the real property affected, to be collected as part of the water rent.
A. 
Water meters shall be purchased by the Water Department and installed by or under the direction of the Water Department.
B. 
Water meters shall be the property of the Town.
C. 
The Town may, at its pleasure, replace worn, obsolete, inefficient or defective meters.
D. 
Every owner is responsible for injuries to meters installed upon his premises caused by willful acts or due to negligence.
E. 
The submetering of water by consumers is prohibited.
A. 
Every meter shall be set in a horizontal position, within ready access for inspection; and shall be protected against frost.
B. 
No connection in any house service line or fixture shall be made between the water main and the meter.
C. 
The Water Department may remove a meter at any time for testing, substituting another meter temporarily or permanently.
D. 
In every installation of water service hereafter, the owner shall provide a valve of same size as service line directly ahead of meter and a check valve on customer side of meter.
E. 
Meter location shall be subject to approval by the Water Department.
A. 
The rates payable for water supplied by the Town, designated as "water rents," by consumers within the Town districts and by those outside of district boundaries, shall be those established by the Town Board.
B. 
Water rents are payable quarterly. The minimum rent shall be payable, though no water be consumed, as long as a service remains connected with the Town main.
C. 
Payments for water rents shall be made at the office of the Town Clerk during established business hours. Payments made by check or postal money order and mailed to the Town Clerk shall be deemed to have been received at the time of mailing as evidenced by the postmark.
A. 
The water rent for water supplied during the construction of any building, dwelling, structure, or improvement, including sidewalks, curbs, or driveways shall be metered and the metered rate shall apply except as herein otherwise stated.
B. 
Upon application to the Town for such temporary installation, other than for single- or two-family dwellings, a deposit in an amount set from time to time by resolution of the Town Board shall be required. Such deposit is intended to cover injuries to the meter and the amount of water consumed during the construction. Any excess of the deposit shall be returnable to the applicant. Any shortage shall forthwith be due and payable, both for water consumed and damage caused to the meter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Upon application to the Town Clerk for temporary supply of water for the erection of a one-family or two-family dwelling, a fee in an amount set from time to time by resolution of the Town Board shall be charged until the meter is installed. There shall be no requirement for the installation of a meter for such temporary supply. If such water is willfully wasted, the Superintendent may cancel such permit and stop the supply of water. The fee for temporary water service will be due upon installation of the meter.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
No such temporary water supply service shall be used except for construction purposes. No certificates of occupancy shall be issued by the Building Inspector until the water rents for water consumed during construction shall have been fully paid, and until the Water Department certifies that a meter has been duly installed upon the premises.
A. 
Water supplied to consumers outside the boundaries of the Town districts shall be at such terms and upon such conditions as may be fixed by the Town Board from time to time.
B. 
Consumers to whom water is supplied outside the Town Water District boundaries shall be subject to disconnection of such service if any bill for water rents is not paid within 45 days after it has been rendered.
C. 
Nothing contained in this section shall be construed to relieve the consumers of water outside the Town Water District boundaries from any liabilities or obligations imposed by the law and this article upon district users of water.
A 10% penalty shall be added to quarterly water rents which remain unpaid 30 days after a bill therefor has been rendered.
Unpaid water rents, penalties and interest thereon, and unpaid charges for tapping, connecting and disconnecting and any other charges provided for by this article shall be a lien on the real property upon which the water is used, and such lien shall be prior and superior to every other lien or claim except the lien of an existing tax. The Town Board may certify to the Town Clerk the amount of any such lien which has not been paid at the time and in the manner prescribed by such Board, with a description of the real property affected thereby, and the Town Board may include such amount in the annual tax levy as provided by law.
A. 
Unless in actual use, all hydrants, taps, fixtures, or other outlets must be securely shut off.
B. 
If the Town Board at any time determines that an emergency exists threatening a shortage of water supply, it may prescribe emergency rules for the further regulation and restriction of the use of the water supply, and such rules shall have the force and effect of an ordinance duly adopted.
A. 
No person, other than members of the Fire Department or Town employees or agents in the performance of their duties shall draw water from a Town hydrant, unless a permit therefor has been granted by the Water Department.
B. 
No connections shall be made to hydrants except by valves or couplings which are readily detachable in the event of emergency. All couplings must be detached immediately after the use of the hydrant for supplying water has ended.
C. 
No wrench shall be used on a fire hydrant unless it is of a design approved by the Water Department.
D. 
Cap chains and caps must be protected against breakage and loss, and caps must be replaced by permittees after every use of a hydrant.
E. 
Hydrants must be made immediately available to the Fire Department upon demand, at any time.
[Amended 4-26-1982 by L.L. No. 3-1982]
A. 
In case of a violation of this article, the Water Department may shut off the service until the violation is removed and all charges paid, including a charge for turning off or turning on the service.
B. 
Service charges for turning off or turning on the service shall be set by the Town Board by resolution.
C. 
Service charges will be added to the quarterly statement or the final billing, as the case may be.
Requests to have water turned on or off shall be made 48 hours in advance unless an emergency exists.
The Town reserves the right to change or amend from time to time these rules and regulations and the rates for use of water.
Failure to receive a bill shall not exempt any customer from the accruing of a penalty. The presentation of a bill to a customer is only a matter of accommodation and not a waiver of this rule.
A. 
The Town shall not be liable for damage to property resulting from leaks, broken pipes, or any other cause. No claim may be made against said Town or Water District on account of the bursting or breaking of any main or service pipe or any attachment to said water works.
B. 
The Town or Water District shall not be liable for any deficiency or failure in the supply, when occasioned, by shutting off water to make repairs or connections or failure from any cause beyond control.
C. 
Each Water District reserves the right to restrict the supply of water whenever the public welfare may require it, as the Water District may determine. The Town and the Water District make no guarantee as to the amount or the consistency of pressure or volume of the water it furnishes and will not under any circumstances be responsible for any loss or damage from any excess, deficiency or variation in the pressure, volume of supply of water or for loss or damage caused by water escaping from laterals, fixtures, appliances, or pipes owned by consumers.
D. 
All water passing through a meter shall be charged for at the regular rate, and no allowance will be made for excessive consumption due to leaks or waste.
E. 
Turning on of water into any premises for any purpose by anyone excepting a representative of the Water District is prohibited.
F. 
Each Water District reserves the right to shut off the water in the mains at any time for the purpose of making repairs or extensions or for other necessary purposes and will give due notice except in cases of breaks and emergencies. The Water District will not be responsible for damages resulting directly or indirectly from any interruption of the water supply. In cases where boilers or other appliances in a premises depend upon the pressure in the service line to keep them supplied with that water, the owner or occupant shall place suitable safety devices to guard against the possibility of collapse or explosion when the water supply is interrupted. Likewise, such owner or occupant shall protect watercooler compressors for refrigeration systems by means of high-pressure safety cutout devices and shall provide means for the prevention of the transmission of water hammer or noise of operation of any valve or appliance through his piping to any adjacent premises. Failure of the owner or occupant to provide such safety devices shall in no way make the Town responsible for any resulting damage.
G. 
Parties desiring small amount of water or service for but a short time, or where rendering of such service will require the attention of an employee of the Water District, will be charged rates fixed by the Water District in keeping with the service rendered, such as filling swimming pools.
H. 
Water service of any class may be discontinued for a violation of any provision of the application or contract or any rule or regulation of the Water District.
A. 
Should any customer of a Water District doubt the correctness of the water meter readings for said customer at any time, the customer may have said meter tested, upon written application to the Water District and by making a deposit, as indicated by the following schedule, to defray the cost of said extra meter test. Should accuracy test show the meter in question to be correct within 4%, as prescribed by general practice, the customer shall bear the cost of said test. On the other hand, should the test show said meter to be registering incorrectly beyond 4% of the accurate amount, the required deposit shall be refunded, the account adjusted accordingly, and the entire cost of the test in this latter event shall be borne by the Water District. In the event that the incorrect registration exceeds plus or minus 4%, water consumption for the preceding six months will be adjusted and either supplement bill will be rendered or refund made, as applicable.
B. 
Deposits required with request for meter tests are as follows:
5/8-inch to 1-inch meters
$5
1 1/4-inch to 2-inch meters
$10
3-inch meters
$25
4-inch meters
$25
6-inch meters
$50
A. 
The customer must provide suitable housing facilities for the meter and become responsible for any damage to the meter through extreme heat, cold, accidents or intentional acts. The Water District assumes the burden of ordinary maintenance. In case there is no suitable housing for the meter in the cellar or basement or about the premises, the owner of the premises will be required to furnish an approved meter housing located in parkway, terrace or sidewalk of said premises. Such housing, however, must be made in a manner approved by the Water District, and no one other than an authorized agent of the Water District shall at any time be allowed to repair, remove or replace any meter; and must comply with specifications as prescribed by the Water Department.
B. 
Where the service line extension on a customer's property is more than 300 feet from the nearest public road or highway right-of-way to the point where the service enters the building improvement, the meter will be located in an approved housing within 10 feet of such road or highway right-of-way.
[Amended 4-9-2012 by L.L. No. 2-2012]
C. 
Only Water District employees or authorized agents may remove or disturb the water meter. When a meter seal or seal wire has been tampered with, the meter will be removed from the service line, the meter reset, tested and resealed, for which a fee as set by resolution of the Town Board will be charged.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
All private service lines shall be installed, maintained, altered or replaced with American manufactured copper "K" soft tubing which shall conform to ASA No. H23 1-1947 and ASTM, designation B88-51, of the following widths and thickness:
Service Line Width
(inches)
Thickness
(inches)
3/4
0.065
1
0.065
1 1/4
0.065
1 1/2
0.075
2
0.083
B. 
Whenever the water meter for a customer service is located on the customer's property, the customer will be required to maintain his service line extension in good order to prevent leakage and loss of water before measurement by the meter. On his failure to repair such leaks and charge all costs for such repair work to the customer in question, or as an alternative, to require a relocation of the meter, at the customer's expense, to a position near the curb box in the parkway, terrace or sidewalk area, in a regulation housing, as specified.
[Amended 8-8-2008 by L.L. No. 2-2008]
C. 
Acceptable alternative water service line materials shall be Polyethylene Water Supply Tubing (SDR-9), Aqua-Jet Tubing, Copper tubing size O.D., 200 psi; specification ASTM-3408 SDR-9/200psi).
[Added 6-17-2019 by Ord. No. 1-2019]
(1) 
Installation of nonmetallic water line tubing shall have tracer wire installed, in direct contact with the water line line/tubing; running from the curb-stop (valve) to the building, and/or yard hydrant; the tracer wire shall be extended, in direct contact with the water line/tubing, to a location above grade adjacent to the meter valve/main shut-off valve location; said termination shall be attached to water line tubing. Tracer wire shall be accessible for attachment of tracer equipment at the meter valve/main shut-off valve, or as directed by the Water Department Supervisor.
(2) 
Tracer wire shall be for open-cut installation, is to be 12 AWG solid, PRO_TRACE® HS-CCS PE30. Conductor shall be annealed, 21% IACS, copper-clad steel, utilizing an AISI 1055 high carbon steel core with minimum break load of 452 pounds or 87,500 psi (required to meet break load and ASTM B910). Conductor shall be extruded with a 30 mil, high density, high molecular weight polyethylene (HMW-HDPE) pursuant to ASTMD1248. Tracer wire shall be rated for direct burial use at 30 volts and RoHS compliant. Tracer wire shall be PRO_TRACE® HS-CCS PE30 as manufactured by Pro-Line Safety Products, or other approved equal.
[Amended 11-12-2013 by L.L. No. 2-2013]
Violation of this article, or any provision thereof, shall be an offense punishable by a fine of not exceeding $250 or imprisonment for not more than 15 days, or both. Each and every week that a violation of this article is permitted to exist shall constitute a separate offense. This penalty shall be an addition to any other penalty or other remedies as may be provided by law.
[Added 4-26-1982 by L.L. No. 3-1982]
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. Said air gap shall be at least double the diameter of the supply pipe, as measured vertically above the top rim of the vessel, and in no case be less than one inch.
APPROVED CHECK VALVE
A check valve that seats readily and completely, carefully machined to have free-moving parts and assured watertightness. The face of the closure element and valve seat shall be bronze, composition, or another noncorrodible material which will seat tightly under all prevalent conditions of field use. Pins and bushings shall be made of bronze or another noncorrodible, nonsticking material machined for easy, dependable operation. The closure element, e.g., the clapper, shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is possible. Must be approved by New York State Department of Health.
APPROVED DOUBLE CHECK VALVE ASSEMBLY
An assembly of at least two independently acting check valves, including tightly closing shutoff valves on each side of the check valve assembly, suitable leak-detector drains, and connections for testing the watertightness of each check valve. This device must be approved as a complete assembly. Must be approved by New York State Department of Health.
A. 
A device incorporating two or more check valves and an automatically operating differential relief valve located between the two check valves, two shutoff valves, and those appurtenances necessary for testing. The device shall operate to maintain the pressure in the zone between the two check valves at less than the pressure on the public water supply side of the device.
B. 
At cessation of normal flow, the pressure between the check valves shall be less than the supply pressure. In the event of leakage of either check valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere, thereby providing an air gap in the device. In order to be approved, these devices must be readily accessible for maintenance and testing, and installed in a location where no part of the valve will be submerged. The enclosure must be self-draining, so that the large amount of water which the relief valve may vent will be disposed of reliably without submergence of the relief valve. This device must be approved by the New York State Department of Health.
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 water supply.
BAROMETRIC LOOP
A loop of pipe which at its topmost point rises approximately 35 feet above the highest fixture it supplies.
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
A person who is employed by the Water Department and is certified by it to be competent in the testing of backflow prevention devices. Said person shall be provided with an appropriate identification card which must be renewed annually. Said person will hereafter be referred to as "Certified Inspector."
CROSS-CONNECTION
Any unprotected connection between a water system used or intended to be used to supply water for drinking purposes, and any source or system containing water or a substance which is not or cannot be approved as equally safe, wholesome and potable for human consumption.
LOCAL HEALTH DEPARTMENT
Niagara County Health Department.
A. 
A vacuum breaker designed to operate under conditions of static line pressure.
B. 
A vacuum breaker which is designed not to be reactive to static line pressure.
WATER DEPARTMENT
Town of Porter Water Department.
WATER USER
The consumer, or the 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 pursuant to regulations and laws.
A. 
Where protection is required.
(1) 
Each service connection between a public water system and premises which have an auxiliary water supply shall be protected against backflow of water from said auxiliary water supply into the public water system, unless said water supply is approved as an additional source by the Water Department, and is satisfactory to the public health agency having jurisdiction with regard to quality and safety.
(2) 
Each service connection between a public water system and premises where a substance is handled under pressure in such a manner as to permit entry into the premises' water system, shall be protected against the backflow of such premises' water system into the public system. This includes the handling of process waters, and those waters originally provided by the public water system which may have deteriorated in sanitary or chemical quality.
(3) 
Each service connection between a public water system and premises where a substance of unusually toxic concentration or danger to health is handled in liquid form, even when not under pressure, shall be protected against the backflow of the water from the premises into the public water system. Examples are plating factories, premises using cyanide, and hospitals. This is not intended to apply to normal household installations.
(4) 
Backflow prevention devices shall be installed on the service connection to any premises that have internal cross-connections, unless such cross-connections are abated to the satisfaction of the Water Department. It shall be the responsibility of the water users to provide and maintain these protective devices, and each one must be of a type acceptable to the New York State Department of Health.
(5) 
Backflow prevention devices shall be installed on all trucks or other equipment used for the purpose of spraying fertilizers, insecticides, pesticides, or fungicides. Said devices shall prevent the introduction of such chemicals into the public water system when said equipment is being filled with water at fire hydrants or other service connections of the public water system.
B. 
Type of protection.
(1) 
At the service connection to any premises on which there is an auxiliary water supply handled in a separate piping system with no known 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 there is an auxiliary water supply where cross-connections are known to exist which cannot be presently eliminated, the public water supply system shall be protected by an air gap separation or an approved reduced-pressure principal backflow prevention device.
(3) 
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.
(4) 
At the service connection to any premises on which a substance of unusual toxic concentration or danger 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 principle backflow prevention device. This device 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.
(5) 
At the service connection to any premises on which any material dangerous to health, or any toxic substance in 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 practicable to the water meter, and all 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 principal backflow device which is acceptable to the Water Department.
(6) 
At the service connection, at 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 with an approved reduced-pressure principal backflow prevention device.
(7) 
Trucks or equipment used for the purpose of spraying fertilizers, insecticides, pesticides and fungicides shall be equipped with a backflow prevention device which is determined to be reasonable and acceptable to the Water Department.
C. 
No conveyance of improved real property which is connected to the Town public water supply system shall be recorded unless and until an inspection of the interior plumbing has been made by the Town Water Department and a certificate of compliance has been issued.
[Amended 6-14-1999 by L.L. No. 1-1999]
A. 
Separate drinking water systems. If the Water Department determines that it is not practicable to protect drinking water systems on premises against entry of water from a source or piping system or equipment that cannot be approved as safe or potable for human use, an entirely separate drinking water system shall be installed to supply water at points convenient for consumers.
B. 
Fire systems.
(1) 
Water systems for firefighting, derived from a supply that cannot be approved as safe or potable for human use, shall, wherever practicable, be kept wholly separate from drinking water pipelines and equipment. In situations where the domestic water system is used for both drinking and firefighting purposes, approved backflow prevention devices shall be installed to protect those individual drinking water lines not used for firefighting purposes. Any auxiliary firefighting water supply which is not approved from potable purposes, but which is so connected that it may be introduced into potable water piping during an emergency, shall be equipped with an approved chlorination machine. It is hereby declared to be the responsibility of the person or persons causing the introduction of said unapproved or unsafe water into the pipelines to:
(a) 
Develop a procedure and utilize such to notify and protect users of this potable water piping system during the emergency; and
(b) 
To effectuate measures to disinfect thoroughly and flush out all pipelines which may become contaminated prior to the resumption of their use to provide drinking water.
(2) 
If the means used to protect water consumers is disinfection of the auxiliary firefighting supply, said installation and its use shall be thoroughly reliable.
(3) 
The public water supply must be protected against backflow from such dual domestic fire systems (see § 185-25 above).
C. 
Process waters. Potable water pipelines connected to equipment for industrial processes or operations, shall be protected by a suitable backflow prevention device located beyond the last point from which drinking water may be taken, which said device shall be installed on the feed line to process piping or equipment. In the event the particular process liquid is particularly corrosive, or apt to prevent reliable action of the backflow prevention device, air gap separation shall be provided. All devices shall be tested by the water user at least once a year, or more often in those instances where successive inspections indicate repeated failure. The devices shall be repaired, overhauled or replaced whenever they are found to be defective. Tests must be performed by a certified inspector at the user's expense, and records of tests, repairs, and replacements shall be kept and made available to the Water Department and the Health Department upon request.
D. 
Sewage treatment plants and pumping stations. Sewage pumps shall not have priming connections which are directly connected to any drinking water systems. No connections shall exist between the drinking water system and any other piping, equipment, or tank in any sewage treatment plant or sewage pumping station.
E. 
Plumbing connections.
(1) 
Where circumstances are such that there exists a special danger to health from the backflow of sewage into a drinking water system from sewers, toilets, hospital bedpans and the like, a dependable device or devices shall be installed to prevent such a backflow.
(2) 
These regulations do not transcend local plumbing regulations, but only are directed at those extraordinary situations where sewage may be forced into, or drawn into, potable drinking water piping. These same regulations do not attempt to eliminate at the present time the hazards of backsiphonage through flushometer valves on all toilets but only are directed at those situations where the likelihood of vacuum conditions in a drinking system is definite and thus there is a special danger to health. Devices which avoid backsiphonage from plumbing fixtures are roof tanks, barometric loops or separate pressure systems separately piped to supply such fixtures, recognized approved vacuum or siphon breaker, and other backflow prevention devices which have been proven by appropriate tests to be dependable in the destruction of a vacuum.
(3) 
Inasmuch as many serious hazards of this kind are caused by water supply piping which is too small, thereby causing vacuum conditions when various fixtures are flushed or water is drawn from the system in other ways, it is recommended that water supply piping which is determined to be too small be enlarged whenever possible.
F. 
Marking safe and unsafe water lines.
(1) 
Where premises contain dual or multiple water systems and piping, the exposed portions of pipelines shall be painted, landed or marked at sufficient intervals to distinguish clearly which water is safe and which is not safe. All outlets from secondary or other potentially contaminated systems shall be posted as being contaminated and unsafe for drinking purposes. All outlets intended for drinking purposes shall be plainly marked to indicate such.
(2) 
The local Health Department and the Water Department shall be kept informed of the identity of all persons responsible for the water piping on all premises concerned with these regulations. At each premises where it is necessary in the opinion of the Water Department, a water supervisor shall be designated. The water user shall be responsible for the installation and use of pipelines and equipment and for the avoidance of cross-connections.
(3) 
In the event of contamination or pollution of the drinking water system due to a cross-connection of the premises, the Local Health Department and Water Department shall be promptly advised by the person responsible for the water system so that appropriate measures may be taken to eliminate the contamination.
A. 
No water service connection to any premises shall be installed or maintained by the Water Department until the water supply is protected pursuant to state regulations and this rule.
B. 
The providing of water to any premises may be discontinued at the discretion of the Water Department if a backflow prevention device required by this rule and regulation is not installed, tested, and maintained. If any defect is found in an installed backflow prevention device, or if it is found that a backflow prevention device has been removed or bypassed, or if unprotected cross-connections exist on the premises, service will be terminated and not be restored until such conditions or defects are corrected.
The Town Board shall by resolution from time to time set the fees for inspections by certified inspectors. All such fees will be billed by and be paid to the Water Department on the next quarterly or the final water bill, as the case may be.
A. 
Any person found violating any provision of this article shall be served with a written notice, stating the nature of the violation and providing a specified time within which the violation shall cease and satisfactory corrective action shall be taken by the violator.
B. 
In the event that such violation is not terminated within the time specified within said notice, the violator shall be liable to the people of the Town of Porter for a penalty of not more than $1,000.
C. 
Every week that a violation is allowed to continue beyond the time specified in said notice shall constitute a separate violation.
D. 
Nothing contained herein shall prevent the Town of Porter from exercising such other and additional remedies as are available to it under other local law, or state or federal law.
These regulations are to be reasonably interpreted; it is their intent to recognize that there are varying degrees of hazard and to apply the principle that the degree of protection should be commensurate with the degree of hazard.