[Adopted 6-8-2015 by L.L. No. 2-2015]
A. 
Purposes.
(1) 
To determine and establish a legal foundation for a municipal cross-connection control and backflow prevention program in order to protect the Village of Red Hook public water supply from the possibility of contamination or pollution by isolating within its customers' internal water distribution system such contaminants or pollutants which would backflow or backsiphon into the public water supply system.
(2) 
To establish technical specifications for cross-connection control and backflow prevention and, in turn, to promote the elimination or control of existing cross-connections, actual or potential, between its customers' in-plant potable water system and any other water system.
(3) 
To establish penalty specifications for violations and, in turn, to provide for the maintenance of a continuing program of cross-connection control which will effectively prevent the contamination or pollution of the Village's public water supply system by cross-contamination.
B. 
Authority. Pursuant to the federal Safe Drinking Water Act of 1974[1] and the New York State Sanitary Code, Subpart 5-1, Public Water Supplies, Section 5-1.31, the water supplier has the primary responsibility for preventing water from unapproved sources or any other substances from entering the public water supply system. This Part 3 is adopted pursuant to Municipal Home Rule Law § 10.
[1]
Editor's Note: See 42 U.S.C. § 300f et seq.
C. 
Definitions. As used in this Part 3, 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 an inch. Air gaps must be rigidly mounted and the discharge end of the supply pipe must not be threaded or provided with a means for making connections. Use of an air gap means that there will be clear vertical separation between the pressurized supply pipe and a nonpressurized receiving vessel. This assembly may be installed on either low or high hazard conditions.
APPROVED CHECK VALVE
A check valve that seats readily and completely. It must be carefully machined to have free moving parts and assured water tightness. The face of the closure element and valve seat must be bronze, composition, or other noncorrodible material which will seat tightly under all prevailing conditions of field use. Pins and bushings shall be of bronze and other noncorrodible, nonsticking material, machined for easily dependable operation. The closure element shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable. This valve may only be used to protect against low hazard installations.
APPROVED DOUBLE CHECK VALVE ASSEMBLY
Two single independently acting check valves, including tightly closing shut off valves located at each end of the assembly and suitable test connections. This device must be approved as a complete assembly. Double check valves are commonly used to protect against low to medium hazard installations, such as food processing equipment or lawn sprinkler systems. They may be used under continuous pressure and protect against both backsiphonage and backpressure conditions.
APPROVED REDUCED PRESSURE ZONE BACKFLOW PREVENTER 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 shut-off 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. This assembly may be installed on either low or high hazard conditions.
AUXILIARY SUPPLY
Any water supply on or available to the premises other than the approved public water supply.
BACKFLOW PREVENTION DEVICE
Backflow devices prevent contaminated water or chemicals from flowing back into the drinking water supply if there is a sudden or unexpected change in water pressure. If a property requires a backflow prevention device, it must be installed on water service lines to the property.
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.
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 systems containing water or substance that is not or cannot be approved as equally safe, wholesome and potable for human consumption.
PUBLIC WATER SUPPLY
The Village of Red Hook's water supply approved by the New York State Department of Health.
VACUUM BREAKER
Pressure type and non-pressure type. A vacuum breaker which can only be used for internal plumbing control and, therefore, not acceptable as a containment device.
VILLAGE
The Village of Red Hook, Dutchess County, New York.
A. 
The Code Enforcement Officer shall be responsible for the administration of the Village's cross-connection control program.
B. 
It is a condition of water service that:
(1) 
A backflow prevention device shall be provided by a customer on all water services if a hazard exists, as determined by the Code Enforcement Officer in accordance this chapter and the New York State Cross Connection Control Manual.
(2) 
A customer may have no connection with any other water supply. Prior to connecting to the public water supply, all connections to other water sources shall be disconnected.
(3) 
The issuance of a permit by the Village for a customer to connect to a service main or pipe grants the Village an easement upon owner's property for the Village and its authorized agents to access the service main or pipe, as well as access to any meter, meter structure or backflow prevention device for inspection or any other lawful purpose.
(4) 
A customer shall allow his property to be inspected for possible cross-connections and shall install or repair a backflow prevention device as directed by the Code Enforcement Officer.
C. 
Failure to conform with the requirements of this Part 3, including annual testing and reporting requirements, may be cause for service termination in accordance with § 195-33.
A. 
A permit is required for each new and existing backflow prevention device and is obtained from the Code Enforcement Officer. A permit fee, as set annually by the Village in its fee schedule, will be charged for the initial permit and a renewal fee will be charged for the renewal of each permit. Additional inspection fees may be authorized by the Village where multiple inspections of a property are necessary to obtain compliance.
B. 
Permits shall be renewed every five years and are nontransferable. Permits are subject to revocation and become immediately revoked if the customer should 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 within the utilization of a nontestable backflow prevention device.
D. 
The Code Enforcement Officer shall not issue a permit for a backflow prevention device unless the cross-connection with the public water supply is considered necessary and cannot be eliminated.
A. 
New backflow prevention devices. The customer shall apply for a permit prior to installation of a backflow prevention device and submit proof of installation and testing results from a certified backflow prevention device tester to the Code Enforcement Officer within 72 hours after installation.
B. 
Existing premises and backflow prevention devices. For premises existing prior to the enactment of this Part 3, the Code Enforcement Officer will perform evaluations and inspections of plans and/or premises to determine whether a potential cross-connection exists and inform the customer in writing of any corrective action deemed necessary, the method of achieving the correction, which may include the requirement to install a new backflow prevention device, and the time allowed for the correction to be made. Ordinarily 90 days will be allowed; however, this time period may be shortened depending upon the degree of hazard involved. If an existing backflow prevention device exists on the premises, the customer shall apply for a permit for the device.
C. 
If a backflow prevention device is needed, the customer shall hire a professional engineer (PE) to prepare backflow prevention plans for its premises. These plans must be submitted to the Code Enforcement Officer along with a Dutchess County Department of Health application for approval of backflow prevention devices for approval.
D. 
The backflow prevention device must be installed by a qualified plumber in accordance with approved plans, and once installed, must be tested by a certified backflow prevention device tester.
E. 
Frequency of inspection of protective devices. It shall be the duty of the customer on any premises upon which a backflow prevention device is installed to have inspections made at least once a year by a certified backflow prevention device tester, or more often in instances where successive inspections indicate repeated failure, as directed by the Code Enforcement Officer. All test result shall be provided to Village within 72 hours after the test is made.
F. 
Backflow prevention devices shall be repaired, overhauled or replaced at the expense of the customer whenever they are found to be defective.
A. 
Where protection is required. A customer shall be required to maintain a degree of protection commensurate with the degree of hazard resulting from a cross-connection regardless of whether the hazard is immediate or potential. To that extent, the Cross Connection Control Manual published by New York State Department of Health shall be used as a guide, to determine where protection is required. It shall be the responsibility of the customer to provide and maintain such required protection devices and such devices shall be of a type acceptable to the Code Enforcement Officer and the New York State Department of Health.
(1) 
The following is a nonexclusive list of facility systems that are likely to possess cross-connection hazards:
(a) 
Auxiliary supply systems.
(b) 
Properties with in-ground lawn sprinklers and irrigation systems.
(c) 
Residential swimming pools and double wall heat exchangers.
(d) 
Large nonresidential dwellings with treated water boilers.
(e) 
Sewage treatment plants or handling facilities.
(f) 
Hazardous substance facilities.
(g) 
Fire systems.
(h) 
Chemical plants storage.
(i) 
Food processing plants and meat or fish packers.
(j) 
Medical and dental buildings.
(k) 
Clinics and laboratories, including veterinary offices.
(l) 
Mortuaries/embalmers/funeral parlors.
(m) 
Commercial refrigeration systems.
(n) 
Laundry facilities and dry cleaners.
(o) 
Greenhouses.
(p) 
Commercial car washes.
(q) 
Dye plants.
(r) 
Paper processors.
(s) 
Auto repair shops.
(t) 
Breweries.
(u) 
Exterminators' premises with multiple service lines.
(v) 
Premises with roof tanks and elevated storage lines.
(w) 
Schools and colleges.
(x) 
Food processing facilities.
(y) 
Nursing homes.
(z) 
Barber shops and beauty salons.
(aa) 
Metal plating operations.
(bb) 
Photo processing facilities.
(cc) 
Buildings three stories or higher.
(dd) 
Any commercial, industrial or any other facility so deemed by the Code Enforcement Officer as requiring an approved backflow prevention device.
B. 
Type of protection. The protective device required shall depend on the degree of hazard as tabulated below:
(1) 
At the service connection to any customer's premises where there is an auxiliary 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 customer's 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.
(3) 
At the service connection to any customer's 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 approved reduced pressure zone backflow prevention device. An approved reduced pressure zone device when installed shall be located as close as possible to the property line abutting the public highway providing access to the premises.
(4) 
At the service connection to any customer's 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 with an approved reduced pressure zone backflow prevention device. An approved reduced pressure zone device when installed shall be located as close as possible to the property line abutting the public highway providing access to the premises.
(5) 
At the service connection to any sewage treatment plant or sewage pumping station, the public water supply shall be protected by an approved reduced pressure zone backflow prevention device. An approved reduced pressure zone device when installed shall be located as close as possible to the property line abutting the public highway providing access to the premises.
A. 
Records. The Code Enforcement Officer will maintain the following:
(1) 
Master files on customer inspection and test results.
(2) 
Copies of permits and permit applications.
(3) 
Copies of lists and summaries supplied to the Dutchess County Department of Health.
B. 
Reports. The Code Enforcement Officer shall submit monthly reports to the Village Board of Trustees including the number of permits issued.
A. 
If any facility served by a private water system denies a Village employee or agent access to their premises for the purposes of determining if protection to the public water supply is necessary, then the maximum protection condition shall be imposed with the requirement that the number of backflow prevention devices shall equal the number of service lines.
B. 
The Village reserves the right to require any additional cross-connection control protective measures than those outlined in this document and to terminate water service immediately to any facility where an existing cross-connection poses a human health hazard or for noncompliance.
C. 
Noncompliance; discontinuance of service.
(1) 
Delivery of water to the premises of any customer may be discontinued by the Code Enforcement Officer after compliance with the notice requirements in Subsection D below if any backflow prevention device required by this Part 3 has not been installed, inspected, tested and maintained or is defective or has been removed or bypassed.
(2) 
Emergency discontinuance. Notwithstanding Subsection C(1) above, delivery of water shall be discontinued immediately and without notice to the customer if the Code Enforcement Officer or Superintendent determines that the public water supply is being contaminated or is in immediate danger of contamination.
(3) 
Delivery of water shall not be resumed until any backflow prevention device required by this Part 3 and approved by the Code Enforcement Officer has been properly installed or until conditions at the customer's premises causing the contamination danger or contamination have been abated or corrected to the satisfaction of the Code Enforcement Officer.
D. 
Notice. All notices sent in accordance with Subsection C above shall state the following:
(1) 
The conditions or defects which must be corrected.
(2) 
The manner in which the stated conditions or defects are to be corrected.
(3) 
The date on or after which delivery of water will be discontinued and which shall not be fewer than five days nor more than 90 days following the date of delivery of mailing of the notice. The Code Enforcement Officer may grant the customer an extension of an additional period not to exceed 90 days if he/she determines the customer has exercised due diligence, but has been unable to comply with all of the requirements contained within the time originally allowed.
(4) 
The notice shall be given by delivering the notice to the customer, the manager or agent thereof by personal service or by mailing the notice via certified mail, return receipt requested and regular mail postage paid, addressed to the customer at the place of business or address set forth in the application of the customer for water service in the records of the Village.
E. 
Criminal penalties. Any person, firm or entity found guilty of violating any provision of this Part 3 shall be guilty of a misdemeanor punishable by a fine of not less than $350 for a first offense and not less than $500 for a subsequent offense and/or imprisonment not to exceed 30 days. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
F. 
Administrative fees. The customer shall be responsible for actual costs and administrative fees for disconnection and reconnection of water service, as applicable, in an amount to be established by resolution of the Village Board from time to time.
A. 
The Code Enforcement Officer will begin accepting permit applications and issuing permits on August 1, 2015.
B. 
Customers with service in effect as of the date of this Part 3 shall obtain all required permits in compliance with this Part 3 by March 31, 2016.
C. 
Nothing in Subsection A or B above shall limit the provisions of § 195-33B or any emergency powers of the Code Enforcement Officer.