[HISTORY: Adopted by the Town Board of the Town of Elma 10-24-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Water — See Ch. 140.
A.
The purpose of this chapter is:
(1)
To protect the public drinkable water supply of the Town of Elma
from the 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 supply system; and
(2)
To comply with the requirements of the New York State Sanitary Code
Subpart 5 and in particular 5-1.31 and other provisions of the New
York State Department of Health (NYSDOH).
B.
Responsibility. The Elma Water Department (EWD) shall be responsible
for the protection of all Town of Elma water distribution systems
from contamination due to the backflow of contaminants though the
water service connection. If, in the judgment of said Water Department,
an acceptable backflow prevention device is required at any Town water
service connection to any customer's premises, for the safety of the
water system, the Water Department or its designated agent shall give
notice in writing to said customer to install such acceptable backflow
prevention device at each service connection to their premises. The
customer shall immediately install such approved device or devices
at his own expense; and failure, refusal or inability on the part
of the customer to install, have tested and maintained said device
or devices shall immediately constitute a ground for discontinuing
water service to the premises until such requirements have been met.
A.
ACCEPTABLE BACKFLOW PREVENTION DEVICE
APPROVED
AUXILIARY WATER SUPPLY
CROSS-CONNECTION
CUSTOMER'S WATER SYSTEM
HAZARDOUS FACILITY
PUBLIC WATER SUPPLY SYSTEM
REDUCED PRESSURE ZONE (RPZ) DEVICE, ACCEPTABLE
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 List of
Acceptable Devices (PWS-14).
Accepted by the Town of Elma Water Superintendent as meeting
an applicable specification stated or cited in this chapter or as
suitable for the proposed use.
Any water supply on or available to the premises other than
a Town of Elma 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, stream, rainwater,
etc., or used waters or industrial fluids. 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.
Any connection or potential connection, which allows or potentially
allows for the intermingling of water from any auxiliary water supply
or any substance from any other unauthorized source with water from
a Town of Elma approved public water supply.
The piping used to convey water supplied by a Town of Elma
water 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 Department. 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 or district distribution system.
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 are
laboratories, sewage treatment plants, chemical plants, hospitals,
mortuaries and commercial enterprises. This is also defined as any
commercial or business enterprise as defined by zoning or by business
use permit.
The Town of Elma water supply 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 shall be less than the upstream (supply) pressure. In case
of 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 each device shall be fitted with properly located
test cocks.
B.
Other terms. All other terms are defined in the Department of Health
and Town of Elma Cross-Control Manuals and policies as now in force
or as amended from time to time.
A.
The customer's water system shall be open for inspection at all reasonable
times to authorized representatives of the Town of Elma.
B.
The Town of Elma 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 and availability of contaminants,
the availability of an auxiliary water supply, and the type of fire-fighting
system in use.
C.
An acceptable backflow prevention 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.
Hazardous systems.
(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,
as a minimum, an acceptable double check-valve assembly shall be installed.
Unless otherwise determined by the Water Superintendent, one- and
two-family residential water systems shall be deemed to have a nonhazardous
classification.
E.
The design of the installation of an acceptable backflow prevention
device must be prepared in accordance with New York State laws and
regulations. The design must be approved by the Superintendent and/or
its agent and all agencies required by the applicable New York State
and Town of Elma laws and regulations.
F.
It shall be the duty of the customer at any premises classified as hazardous pursuant to Subsection D(1) and (2) above where a reduced pressure zone device, and/or a double check-valve assembly is required, to have certified inspections and operational tests done on every containment device, 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 made when any reduced pressure zone device is to be installed, repaired, overhauled or replaced, in addition to the requirement of an annual certified inspection and operational test. All inspections and tests shall be at the expense of the customer and shall be performed, by a New York State Department of Health (NYSDOH) certified tester approved by the Town of Elma Water Superintendent. The Town Water Department shall make available the names, addresses and telephone numbers of those persons who are certified as testers for such backflow prevention devices. It shall be the responsibility of the water customer per New York State Sanitary Code 5.1.31 a, b and c to see that such certified inspections and operational tests are made. The customer shall notify the Superintendent in advance, in writing, when the tests are to be undertaken so that he or his representative may witness the tests if the Superintendent so desires. These devices shall be repaired, overhauled or replaced at the expense of the customer whenever said devices are found to be defective. Records of such tests, repairs and overhauls shall be kept and made available to the Water Superintendent. Copies of all testing and maintenance records shall be sent to the Superintendent immediately after the work is performed. Protection of the public water supply and the customer's water system must be in full force at all times. Note: There is no grace period for noncompliance or repairs, etc., under any section of this chapter. Nothing contained in this chapter grants a license for noncompliance.
G.
No water service connection to any customer's water system shall
be installed or maintained by the Town of Elma Water Department unless
the water supply is protected as required by state laws and regulations
and this chapter. Service of water to any premises shall be discontinued
by the Town of Elma Water Department if a backflow prevention device
required by this chapter is not installed, tested and maintained,
or if it is found that a backflow prevention device has been removed
or by passed or otherwise compromised. Service will not be restored
until such conditions or defects are corrected.
H.
No customer shall allow any water or other substance from an auxiliary
water supply or other source to enter any portion of the customer's
internal distribution system which is connected, directly or indirectly,
to any Town of Elma public water supply.
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 chapter and such other 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.
The following penalties shall be applicable for a violation of this
chapter:
(1)
Failure to obtain approval for the appropriate backflow prevention
device installation within 60 days after the first notice: fine of
$250.
(2)
Failure to install the appropriate backflow prevention device installation
within 30 days after the second notice: termination of service.
(3)
Failure to at least annually test and certify that backflow device
installation meets the criteria to comply as an acceptable containment
device within 10 days of notice: $300 and/or termination of service.
(4)
Failure to correct, replace or repair a backflow prevention device
or the installation as required: $300 and/or termination of service.
(5)
Any water service terminated under this chapter shall be subject
to the fees of termination for nonpayment in effect at the time of
violation.
(6)
Any penalties under this section shall be treated as though it is
for water services and may be placed on the tax roll as a lien if
unpaid.
A.
Fees for plan review by the Elma Water Department Engineer:
|
Pipe Size
(inches)
|
Fee
| |
|---|---|---|
|
3/4 to 1 1/2
|
$100
| |
|
Over 1 1/2
|
$200
|
B.
Fees for inspections for each device shall be required at a cost
of $75. All other inspections for determination for the need for RPZ
shall be at a cost of $75.
C.
Additional reviews and inspections. Additional reviews and inspections
may be charged to the water customer at 1/2 the review or inspection
fee for each additional review or inspection as deemed appropriate
by the Elma Water Department.
D.
Every day that the customer is in violation of this chapter represents
a separate daily fine.
A.
Water meters and/or containment devices, their vaults, protective
enclosures, appurtenances and other structures, to include those installations
and plumbing inside of buildings. It shall be the sole responsibility
of the water customer to install and maintain said items at an acceptable
level of condition as determined by the Elma Water Department, and
they shall be in continuous conformity with governing laws, ordinances,
regulations and specifications of the Elma Water Department and the
State of New York as now in force or amended.
B.
It shall be the policy of the Elma Water Department to follow the
general regulations and standards regarding water distribution systems,
and especially those covering cross-connection control as adopted
by the Erie County Water Authority and the State of New York, notwithstanding
the right of the Elma Water Department to amend and/or modify those
regulations and standards to be more detailed or restrictive at its
sole election.
The test reports (Form DOH 1013) for each device shall be submitted
to the Health Department and also to the Elma Water Department at
least annually or more frequently at the discretion of the water supplier.
Unacceptable completion of the test report forms submitted by a tester
may result in the Superintendent barring future testing by that particular
certified tester in the Town of Elma at the sole discretion of the
Water Superintendent.
All containment device installation design plans must be approved
by both the Health Department and the Town of Elma and the New York
State Department of Health. The Engineer's report must be accompanied
by the Elma Water Department design approval criteria as amended from
time to time.
For the purposes of inspection, installation, maintenance, repair,
turning on or shutting off water, authorized personnel of the Water
Department shall have free and full access, at all reasonable times,
to all parts of any premises supplied with water from the Elma Water
District or upon which application has been made to the Water Department
or to which water is reasonably believed to be supplied. Filing of
an application shall, in addition to the provisions of this chapter,
be deemed consent to such access.
The Town of Elma Water Department may engage the services of
an expert to manage the cross-connection control program and transfer
this cost to the customer for the review of said property.
All internal plumbing must conform to and be maintained in continued
conformity with the New York State Uniform Fire Prevention and Building
Codes and the New York State Sanitary Code or any amendments made
from time to time as well as any local codes, and may be inspected
by the EWD to qualify its conformity.
