[Added 12-22-2015 by L.L.
No. 5-2015]
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 supply system and to comply with the
requirements of the New York State Sanitary Code, Part 5, Section
5-1.31.
A.
Cross-connection control devices conforming to the current requirements
of the New York State Department of Health and the Westchester County
Department of Health shall be installed by a qualified licensed plumber
(person or contractor licensed by the Village) hired by the owner
of those systems, upon application to and approval by the Village
and the Westchester County Department of Health pursuant to the rules
of those Departments in force at the time of the application.
B.
Certificates of compliance shall not be issued for new or modified/renovated/rehabilitated
structures until the Village determines that any and all cross-connection
control devices have been properly installed and tested.
C.
The cost to install the cross-connection control devices shall be
borne by the owner of the property.
The Village, through such persons as are designated by the Village
Manager, shall, by certified mail, notify those property owners or
occupants whose water systems require cross-connection control devices
pursuant to the requirements of the New York State Sanitary Code and
the Westchester County Department of Health. Property owners or occupants
so notified shall, within 90 days following the service of such notice,
install cross-connection control devices in accordance with the provisions
of this article.
The testing of cross-connection control devices shall be performed
by a state-certified tester on an annual basis or at such other intervals
as required by New York State and Westchester County regulations,
and the cost of such testing shall be borne by the owner of the system.
The Cross-Connection Control Manual published by New York State
Department of Health, Bureau of Public Water Supply, dated January
1981, or latest revisions thereto, is hereby adopted by reference.
Compliance with the provisions of this manual shall constitute compliance
with this article.
The Department will publish a list of fees for the following
services or permits:
A.
Any person violating any provision of this chapter shall be guilty
of a violation and, upon conviction thereof, shall be punished by
a fine not to exceed the sum of $250 and/or imprisonment for no more
than 15 days, or both. Each day shall constitute a separate and distinct
offense, punishable by a like fine or penalty as herein set forth.
B.
Notwithstanding the penalties hereinabove provided, the Village/Town
of Mount Kisco may maintain an action or proceeding in a court of
competent jurisdiction to compel compliance with or to restrain by
injunction the violation of any provision of this chapter.
C.
The foregoing provisions for enforcement of the regulations in this
chapter are not exclusive, but are in addition to any and all laws
applicable thereto.
D.
The service of water to any premises may be discontinued by the water
supplier if cross-connection control devices required by this article
and regulations adopted pursuant thereto are not installed, tested
and maintained, if any defect is found in an installed cross-connected
control device, if it is found that a cross-connected control device
has been removed or bypassed, or if unprotected cross-connections
exist on the premises, and service will not be restored until such
conditions or defects are corrected.