[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.
AIR GAP SEPARATION
APPROVED CHECK VALVE
APPROVED DOUBLE CHECK VALVE ASSEMBLY
APPROVED REDUCED PRESSURE ZONE BACKFLOW PREVENTER DEVICE
AUXILIARY SUPPLY
BACKFLOW PREVENTION DEVICE
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
CROSS-CONNECTION
PUBLIC WATER SUPPLY
VACUUM BREAKER
VILLAGE
Definitions. As used in this Part 3, the following terms shall have
the meanings indicated.
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.
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.
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.
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.
Any water supply on or available to the premises other than
the approved public water supply.
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.
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.
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.
The Village of Red Hook's water supply approved by the New
York State Department of Health.
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.
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.
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.
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.
