This chapter shall regulate the construction, use, operation
and maintenance of water supply systems in the Town of Kingsbury and
shall include the regulation of service connections and to grant to
the Town Board of the Town of Kingsbury the power to establish rents,
rates, penalties and minimum charges.
The procedures to be followed by owners of developments in the
Town of Kingsbury who propose to install new water mains shall be
in accordance with the rules and regulations of the Department and
as enumerated in the following sections:
A. The owner or his engineer shall furnish the Department with two prints
of the proposed overall development plan on which are indicated the
required water mains and appurtenances. The Department shall also
furnish to the owner the Department's requirements regarding
materials of construction and specifications for pipe, fittings, valves,
hydrants and appurtenances. After this plan has been approved by the
Department, one copy will be filed with said Department. Maps shall
be 24 inches by 36 inches in size, drawn to the scale of one inch
equals 50 feet.
B. Before the owner is ready to file his map with the Department of Health, he shall furnish the Department, for its approval, with a copy of the proposed map, on which will be indicated the size of the water mains and appurtenances along with construction specifications, in writing, which should be consistent with the requirements of the Department furnished under Subsection
A above.
C. The water mains will be installed under the supervision of the Town-designated
engineer and the Department, and upon completion, one Mylar of as-built
plans of the completed installation shall be furnished to the Department
by the owner.
D. Upon completion of construction, the entire water system must be
turned over to the Town. However, before the Town will undertake to
take over such water system so installed in private developments,
the developer must transfer its right, title, interest and ownership
to the Town for the normal consideration of $1 before it will undertake
to keep it in operation and repair. The Town must be furnished satisfactory
proof that either the streets in which the water mains are laid have
been dedicated and accepted by proper public authority or instruments
granting easements to the Town in a form to be recorded in Washington
County Clerk's office with a satisfactory title company certificate
showing the same to be executed by all owners and mortgagees or other
lienors, and that all valve boxes have been located and placed at
the right levels.
E. Upon satisfactory completion of the above sections, the Department
will then advise the New York Fire Insurance Rating Organization accordingly.
This article is adopted in accordance with the Municipal Home
Rule Law of the State of New York, and the Town Law of the State of
New York. Furthermore, it is enacted in accordance with the Federal
Safe Drinking Water Act of 1974, and the statutes of the State of
New York, and those certain terms, conditions and provisions of the
New York State Sanitary Code, Part 5, Section 5- 1.31.
The purpose of this article is to safeguard potable water supplies
from potential contamination by preventing backflow from a water user's
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 degrees of protection should be commensurate
with the degrees of hazard. Further, it is the intent of the Town
of Kingsbury, New York, to comply with the requirements of New York
State Sanitary Code, Part 5, Section 5-1.31, which section mandates
that the supplier of water protect their water system in accordance
with procedures acceptable to the Commissioner of Health. These mandated
requirements are 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.
The Water Superintendent shall be responsible for the protection
of the public potable water distribution system from contamination
or pollution due to the backflow or backsiphonage of contaminants
or pollutants through the water service connection. If, in the judgment
of the Water Superintendent, an approved backflow device is required
at the Town's water service connection to any customer's
premises, the Water Superintendent, or his delegated agent, shall
give notice in writing to said customer to install an approved backflow
prevention device at each service connection to his premises. The
customer shall, within 90 days, install such approved device, or devices,
at his own expense, and failure or refusal or inability on the part
of the customer to install said device or devices within 90 days shall
constitute a ground for discontinuing water service to the premises
until such device or devices have been properly installed.
As used in this article, the following terms shall have the
meanings indicated:
APPROVED
Accepted by the Water Superintendent as meeting an applicable
specification stated or cited in this regulation, or as suitable for
the proposed use. Devices must be approved by the New York State Department
of Health as a complete assembly and must be installed so that the
device is readily accessible for maintenance and testing, and in a
location where no part of the valve will be submerged.
AUXILIARY WATER SUPPLY
Any water supply on or available to the premises other than
the approved municipal public potable water supply.
BACKFLOW
The flow of water or other liquids, mixtures or substances
under positive or reduced pressure in the distribution pipes of a
potable water supply from any source other than its intended source.
BACKFLOW PREVENTER
A device or means designed to prevent backflow or backsiphonage.
Most commonly categorized as air gap, reduced pressure principle device,
double check valve assembly, pressure vacuum breaker, atmospheric
vacuum breaker, hose bibb vacuum breaker, residential dual check,
double check with intermediate atmospheric vent, and barometric loop.
A.
AIR GAPA physical separation sufficient to prevent backflow between the free-flowing discharge end of the potable water system and any other system. Physically defined as a distance equal to twice the diameter of the supply side pipe diameter but never less than one inch.
B.
ATMOSPHERIC VACUUM BREAKERA device which prevents backsiphonage by creating an atmospheric vent when there is either a negative pressure or sub-atmospheric pressure in a water system.
C.
BAROMETRIC LOOPA fabricated piping arrangement rising at least 35 feet at its topmost point above the highest fixture it supplies. It is utilized in water supply systems to protect against backsiphonage.
D.
DOUBLE CHECK VALVE ASSEMBLYAn assembly of two independently operating spring-loaded check valves with tightly closing shut off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve.
G.
PRESSURE VACUUM BREAKERA device containing one or two independently operated spring-loaded check valves and an independently operated spring-loaded air inlet valve located on the discharge side of the check or checks. Device includes tightly closing shut-off valves on each side of the check valves and properly located test cocks for the testing of the check valve(s).
H.
REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTERAn assembly consisting of two independently operating approved check valves with an automatically operating differential relief valve located between the two check valves, tightly closing shut-off valves on each side of the check valves plus properly located test cocks for the testing of the check valves and the relief valve.
I.
RESIDENTIAL DUAL CHECKAn assembly of two spring-loaded, independently operating check valves without tightly closing shut-off valves and test cocks. Generally employed immediately downstream of the water meter to act as a containment device.
BACKPRESSURE
A condition in which the owners system pressure is greater
than the suppliers system pressure.
BACKSIPHONAGE
The flow of water or other liquids, mixtures or substances
into the distribution pipes of a potable water supply system from
any source other than its intended source caused by the sudden reduction
of pressure in the potable water supply system.
COMMISSION
The State of New York Department of Health Control Commission.
CONTAINMENT
A method of backflow prevention which requires a backflow
preventer at the water service entrance.
CONTAMINANT
A substance that will impair the quality of the water to
a degree that it creates a serious health hazard to the public leading
to poisoning or the spread of disease.
CROSS CONNECTION
Any actual or potential connection between the public potable
water supply and a source of contamination or pollution
FIXTURE ISOLATION
A method of backflow prevention in which a backflow preventer
is located to correct a cross connection at an in-plant location rather
than at a water service entrance.
OWNER
Any person who has legal title to, or license to operate
or habitat in, a property upon which a cross connection inspection
is to be made or upon which a cross connection is present.
PERSON
Any individual, partnership, company, public or private corporation,
political subdivision or agency of the state, agency or instrumentality
of the United States or any other legal entity.
PERMIT
A document issued by the Department which allows the use
of a backflow preventer.
POLLUTANT
A foreign substance that, if permitted to get into the public
water system, will degrade its quality so as to constitute a moderate
hazard, or impair the usefulness or quality of the water to a degree
which does not create an actual hazard to the public health but which
does adversely and unreasonably affect such water for domestic use.
RESPONSIBLE MUNICIPAL OFFICIAL
The Water Superintendent, or his delegated representative,
is invested with the authority and responsibility for the implementation
of a cross connection control program and for the enforcement of the
provisions of this article.
WATER SERVICE ENTRANCE
That point in the owner's water system beyond the sanitary
control of the District; generally considered to be the outlet end
of the water meter and always before any unprotected branch.
The Department recognizes the threat to the public water system
arising from cross connections. All threats will be classified by
degree of hazard and will require the installation of approved reduced
pressure principle backflow prevention devices or double check valves.
The Department shall not permit a cross connection within the
public water supply system unless it is considered necessary and that
it cannot be eliminated.
A. Cross connection permits that are required for each backflow prevention
device are obtained from the Department. The testing fee, as provided
for in this chapter, will be charged for the initial permit and retesting
fee, as provided for in this chapter, will be charged for the renewal
of each permit.
B. Permits shall be renewed every five years and are nontransferable.
Permits are subject to revocation and become immediately revoked if
the owner should so change the type of cross connection or degree
of hazard associated with the service.
C. A permit is not required when fixture isolation is achieved with
the utilization of a nontestable backflow preventer.
Any existing backflow preventer shall be allowed by the Department
to continue in service unless the degree of hazard is such as to supersede
the effectiveness of the present backflow preventer, or result in
an unreasonable risk to the public health. Where the degree of hazard
has increased, as in the case of a residential installation converting
to a business establishment, any existing backflow preventer must
be upgraded to an approved device.
The Town Board shall, by resolution thereof, establish and amend
from time to time all fees required by this chapter. Upon resolution
by the Town Board, the Department will publish a list of fees or charges
for the following services or permits:
D. Charges for after-hours inspections or tests.