[HISTORY: Adopted by the Town Board of the Town of Fishkill
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-14-2021 by L.L. No. 4-2021[1]]
[1]
Editor's Note: This local law also repealed former Art. I,
Beacon Hills, Glenham and Brinckerhoff Water Districts, adopted 4-6-1981
by L.L. No. 3-1981, as amended.
The following are the rules and regulations established pursuant
to law by the Town Board of the Town of Fishkill acting as a Board
of Water Commissioners for all existing water districts, and future
water districts in the Town of Fishkill, Dutchess County, State of
New York, and said rules and regulations shall apply to all those
within the water districts and/or being supplied water from the water
districts.
As used in this article, the following terms shall have the
meanings indicated:
Allowing Town of Fishkill agents and employees entry to a
premises, including all buildings and portions of the same which contain
water pipes, meters, remote meters and wire and pipes connected thereto.
Access includes clearing away for the Town's agents and employees
any personal property, debris or obstructions and removing any structural
obstructions, drywall, ceiling partitions or other impediments to
the inspecting, repair or replacement of water meters, pipes, wires
and other appurtenances which the Town maintains.
The pipes of the water district systems conveying water along
the streets of such districts.
The owner or owners of the premises supplied or furnished
with water.
The pipe and attachments of every kind and nature thereto
connecting the district main with the house piping. The service pipe
or service main is the property of and responsibility of the owner.
A.
Prior to tapping any main, a permit shall be obtained from the Town
Clerk of the Town of Fishkill. The fee for said permit shall be according
to the latest fee schedule as established by the Town Board of the
Town of Fishkill. Anyone who shall tap or shall cause to be tapped
any main without a permit shall be guilty of an offense and shall
be liable to a fine of up to $10,000.
B.
All taps shall be made at the expense of the person making the connection
with the approval of a Town professional.
C.
Only currently licensed plumbers who have posted an approved bond
in the sum of $10,000 to insure the water districts against damage
shall be permitted to install connecting service mains.
D.
No streets shall be opened for the purpose of connecting with water
mains unless a permit to do so shall have been issued by the Town
Clerk of the Town of Fishkill. The fee for such a permit shall be
according to the latest fee schedule established by the Town Board
of the Town of Fishkill. Any person who shall open or cause to be
opened any street for the purpose of connecting or laying water pipe
without said permit shall be guilty of an offense and shall be liable
to a fine of up to $200. Before a permit to open said street shall
be issued, a bond in the amount of $5,000 shall be furnished to the
Town of Fishkill.
E.
All connections to the main and all service mains and connections
shall conform to current Town of Fishkill rules and regulations as
adopted by resolution of the Town Board. All work must be examined
and approved by the superintendent of the water district or other
representative of the Town Board before covering.
F.
Every water service shall be supplied through a meter. The water
rates, water billing schedule and penalties shall be according to
the latest fee schedule as established by the Town Board of the Town
of Fishkill. If a water bill is not paid after all applicable penalty
periods, then the superintendent of the district may cause the water
to be turned off to the premises for which the said bill remains unpaid,
after notice not exceeding 10 days. All water rents and other lawful
charges in connection with the water system shall be a lien upon the
real estate where such water is supplied. All penalties for the violation
of any rules and regulations hereafter adopted, if not paid when imposed,
shall constitute a lien upon the real property and premises in like
manner as unpaid water rents. All water rents, penalties and other
lawful charges remaining due and unpaid at the time that the annual
tax roll of the water district is made up shall be included therein
and levied against the real property on which the water shall have
been used and shall be collected with and in the same manner as other
Town taxes with the additional fees, charges and penalties incident
to the collection of such taxes.
G.
Not more than one house or building used as a dwelling shall be supplied
from one tap except by the special permit of the Town Board of the
Town of Fishkill. Every such special permit shall, however, be revocable
at the pleasure of said Board.
H.
Meters.
(1)
All water meters used in the water districts shall be only those
approved and furnished (sold) by the districts, up to one inch, and
remain the property of the districts unless otherwise agreed to by
the Town Board. Any special meters, above one inch and all commercial/industrial,
are to be supplied by the owner and agreed to by the Town Board, shall
remain the property of the owner and shall be maintained by the owner.
As water systems are modified causing existing water meters above
one inch and all commercial/industrial water meters to become obsolete,
it shall be the owner's responsibility at the owner's expense
to modify or replace the meter with a new compatible Town-approved
meter.
(2)
All meters shall be set at the expense of the property owner whose
property is receiving water service in such position as to be readily
accessible for reading and repair and shall be fully protected from
frost and other damage at the expense of the property owner. A suitable
stopcock shall be placed on the service pipe on the inlet side of
the meter.
(3)
If a Town-owned meter is damaged by frost or other faulty installation,
then the cost of a new meter and installation is the responsibility
of the owner. District-owned meters will be tested at the owner's
written request. If the meter is found correct, the owner shall bear
the expense of the test and such expense shall be according to the
latest fee schedule as established by the Town Board. The expense
of the test shall become a part of the water bill. If a meter fails
to register correctly, said meter will be repaired or replaced at
the expense of the water district. Damage caused by a faulty meter
shall be the responsibility of the owner unless the water district
fails to respond to a written notice of said faulty meter within a
reasonable time not to exceed three days from receipt of notice.
(4)
Where the Town, its contractors, agents, or employees requires that
any meter be inspected, changed, modified, upgraded or otherwise altered
and the Town or the Town's contractor or other designee provides
notice to the property owner that access is required to the property
to read, inspect, alter, modify, maintain or replace any water meter,
and the property owner fails to provide access within the time frame
set forth in the notice (except in the case of emergency, not less
than five calendar days), the Town may assess a surcharge to the property
owner for the failure to provide access. Said surcharge shall be in
an amount fixed by resolution of the Town Board from time to time
in its Fee Schedule until such time as the water meter is installed
or the existing meter is made accessible. Said assessment may be waived
by the Town Board for good cause shown. All property owners shall
remain subject to all other remedies and enforcement penalties provided
under this article and other applicable laws.
(5)
Whenever a hot-water boiler or steam boiler is on a meter service
a suitable double check valve shall be placed on the service pipe
between the meter and the boiler to prevent the return of hot water
through the meter. A suitable relief valve shall be on the house side
of the check valve.
(6)
The Town Board of the Town of Fishkill and all those delegated by
them shall have free access to all parts of any building structure
or premises where water from mains of the districts is being used
or introduced.
(7)
All persons receiving water service shall keep their service mains,
curb valve risers and water fixtures in good repair and thoroughly
protected from frost and other damage and shall prevent any waste
of water. In the event that repairs are needed to prevent waste of
water, any owner who shall neglect to make such repairs within three
days after notice from the Town Board of the Town of Fishkill shall
have the water turned off at the superintendent's discretion
against property where the waste of water is occurring until such
time as necessary repairs are made to prevent such waste of water.
I.
No water district hydrants shall be opened by any person but the
Town's contractor servicing the water districts or any other
duly authorized person designated by the Town Board of the Town of
Fishkill. A hydrant use permit shall be obtained from the Town Clerk's
office and the proper fee shall be paid according to the current fee
schedule. Nothing in this section shall be construed as applying to
a member of a municipal fire company. Any person violating this section
shall be guilty of an offense and shall be liable for a fine as follows:
first offense, $200; second offense, $300; third offense, $500; and/or
10 days in jail.
J.
The Town Board of the Town of Fishkill reserves the right to suspend
the supply of water to any street or streets without notice, when
circumstances require it, and also reserves the right to shut off
the entire supply from any street or streets when necessary for repairs
or extensions. Local notice shall be given for planned shutdowns greater
than four hours in duration.
K.
In all cases where the water has been turned off for nonpayment of
water rates or for violation of any rule or regulation of this article,
it shall not be turned on again until the expense of turning the water
off shall have been paid, together with such penalty that may have
been imposed and rates that may be due. Fees for turning water on
and off shall be according to the latest fee schedule as established
by the Town Board of the Town of Fishkill.
L.
No meter shall be opened, adjusted or interfered with in any way
except by permission of the Town Board of the Town of Fishkill or
the superintendents of the water districts. Any person violating this
section shall be guilty of an offense and shall be liable to a fine
as determined in the current fee schedule established by the Town
Board of the Town of Fishkill.
M.
Any person who shall, without authorization from the Town Board of
the Town of Fishkill, by any means introduce water from the mains
of the water districts into premises where the water service has been
turned off for nonpayment of the meter-rate bill or violation of the
rules and regulations of this article shall be guilty of an offense
and shall be liable for a fine of up to $500.
N.
Any person who shall obstruct access to any fire hydrant or stopcock
connected to any water main in any street by placing thereon rubbish,
snow or other hindrance shall be guilty of an offense and shall be
liable to a fine of up to $100.
O.
The penalty for the violation of any rules or regulations of this
article, in addition to penalties specifically enumerated herein,
shall be prompt stoppage of water to the premises where the violation
has occurred, and the Town Board of the Town of Fishkill is hereby
authorized to enforce this penalty at its discretion.
(1)
No water main shall be tapped for, nor any service main extended
outside the boundaries of, the water district except on special application
therefor filed with the Town Board and a special permit therefor granted
and issued by the Town Board.
(2)
An application for consent to establish, construct, install, extend,
enlarge and acquire a water supply and distribution system in the
Town shall be first made, in writing, to the Dutchess County Department
of Health ("DCDOH"). Such application shall be filed as specified
by the DCDOH and shall be accompanied by detailed plans and specifications,
engineering design for the water-sewer demand, for the proposed project
as well as a map designating the area to be served and showing the
topography thereof and the location of streets and roads therein.
(3)
Upon DCDOH approval an escrow account must be established with the
Town of Fishkill Comptroller prior to any communication with the Town
of Fishkill. An application for consent to establish, construct, install,
extend, enlarge and acquire a water supply and distribution system
in the Town shall be made, in writing, to the Town Board. Such application
shall be filed in triplicate with the Town Clerk and shall be accompanied
by detailed plans and specifications, engineering design for the water-sewer
demand, for the proposed project as well as a map designating the
area to be served and showing the topography thereof and the location
of streets and roads therein. The Town Board may determine an alternative
appropriate district in the case of extension applications based upon
consultation with the Town's professionals and consideration
of any applicable health, safety and infrastructure considerations.
A will serve letter will be provided upon approvals of the DCDOH and
Town Board.
(4)
Except as hereinafter provided, it shall hereafter be unlawful for
any person, owner or operator, other than a public authority, to establish,
construct, install, extend, enlarge, acquire, operate and maintain
any water supply and distribution system within the territorial limits
of the Town of Fishkill, outside the Village of Fishkill, without
the prior written consent of a majority of the members of the Town
Board. The prohibition herein shall preclude any person, owner or
operator from establishing, extending, enlarging and acquiring any
water supply and distribution system by means of a merger, consolidation,
joint venture or any other method of combining existing operations,
facilities, ownerships and entities without first obtaining the written
consent required by this article.
(5)
The Town Board shall impose such conditions upon the granting of
the permit as shall be deemed fitting and proper by them and shall
impose and collect such water rents and charges for water service
as they deem best.
P.
The Town Board of the Town of Fishkill reserves the right to change,
modify, supplement or amend rules and regulations enacted pursuant
to this article by resolution. The Town reserves the right to change,
modify, supplement or amend such rules and regulations which the Town
Boards deems best to regulate the water supply and the proper and
efficient administration of the water district and to make rates and/or
contracts for the use of water in special cases. Further, the Town
Board may amend the rates and charges for the use of water from time
to time by resolution. Should the Town of Fishkill improve, modify,
or alter a water system in a district, causing pressures to achieve
or exceed 80 psi it shall be the responsibility of the property owner
to supply and install a pressure-reducing valve at the property owner's
expense. The valve shall meet the requirements of the Town rules and
regulations and shall remain the responsibility of the property owner.
Q.
The Zoning Administrator, or other such public officer(s) as shall
be designated by the Town Board by resolution, shall be empowered
to file accusatory instruments and to issue appearance tickets to
prosecute offenders identified in this section.
R.
Those residents without a transmitter on the outside of their house
shall send photos or email pictures of their meter readings quarterly
on the dates set forth by the water department billing designee.
[Adopted 9-2-2015 by L.L.
No. 2-2015]
A.
The purpose of this article is to:
(1)
Safeguard the public potable water supply served by the Town of Fishkill
water districts from potential contamination by preventing backflow
or backsiphonage from the water users' system into the public water
system and to comply with the requirements of the New York State Sanitary
Code, Title 10 of the New York Code of Rules and Regulations, Part
5, § 5-1.31.
(2)
To promote the elimination or control of existing cross-connections,
actual or potential, between its customers' in-plant potable water
system and nonpotable systems.
(3)
To provide for the maintenance of a continuing program of cross-connection
control which will effectively prevent the contamination or pollution
of all potable water systems by cross-connection.
B.
This is to be accomplished by:
(1)
Requiring an approved air gap, reduced pressure zone device, double-check
valve assembly or an equivalent protective device consistent with
the degree of hazard posed by any service connection;
(2)
Requiring the users of such connections to submit plans for the installation
of protective devices to the water supply operator and town engineer,
as designated by the Town Board, and the Dutchess County Department
of Health and/or New York State Department of Health for approval;
and
(3)
Assuring that all protective devices are tested once upon installation
and at least annually thereafter, records of which will be submitted
by the property owner to, and maintained by, the Town of Fishkill
Building Department. Testing shall be performed by a qualified technician
certified in accordance with New York State Department of Health requirements.
As used in this article only, the following terms shall have
the meanings indicated:
Any water supply on or available to the premises other than
the purveyor's approved public potable water supply.
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.
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 breakers, hose bib vacuum breaker, residential dual check,
double-check with intermediate atmospheric vent and a barometric loop.
A condition in which the owner's system pressure is greater
than the supplier's system pressure.
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.
The individual, or his or her designee, responsible for the
enforcement of the provisions of the law.
Cross-connection control resulting in the total isolation
of a facility with a potential hazard from the public water supply.
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.
Any actual or potential connection between the public water
supply and a source of contamination or pollution.
The Town of Fishkill Building Department.
Any person who has legal title to, or license to operate
or habitate in, a property upon which a cross-connection inspection
is to be made or upon which a cross-connection is present.
Any individual, partnership, company, public or private corporation,
political subdivision or agency of the State Department, agency or
instrumentality or the United States or any other legal entity.
A foreign substance which, 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.
That point in the owner's water system beyond the sanitary
control of the Town; generally considered being the outlet end of
the water meter and always before any unprotected branch.
The water supply operator vested with the authority and responsibility
for the implementation of a cross-connection control program.
A.
Town.
(1)
On new installations, water supply operator, as designated by the
Town Board, with the assistance of an engineer as designated by the
Town Board, will provide on-site evaluation and/or inspection of plans
in order to determine what type of backflow preventer, if any, will
be required. In any case, a minimum of a dual-check valve will be
required in any new commercial construction.
(2)
Any preexisting system that does not contain a backflow prevention
device shall be upgraded so as to comply with the current requirements
of this article and of the New York State Department of Health and
the Dutchess County Department of Health within 120 days following
the service of notice by certified mail to install said device. This
time period may be shortened by the water supply operator upon his
determination that the degree of hazard involved requires prompter
action. Failure or refusal or inability on the part of the customer
to install said device or devices shall constitute a ground for discontinuing
water service to the premises until such device or devices have been
property installed.
(3)
The Building Department shall inform the owner, by letter, of any
failure to comply, by the time of the first reinspection. In the event
that the owner fails to comply with the necessary correction by the
time of the second reinspection, the Building Department will inform
the owner, by letter, that the water service to the owner's premises
will be terminated within a period not to exceed five days. In the
event that the owner informs the water supply operator of extenuating
circumstances as to why the correction has not been made, a time extension
may be granted by the Building Department, but in no case will it
exceed an additional 30 days.
(4)
If the water supply operator determines at any time that a serious
threat to the public health exists, the water service will be terminated
immediately.
B.
Owner.
(1)
The owner shall be responsible for the elimination of or protection
from all cross-connections on his premises.
(2)
For all new buildings requiring a backflow preventer, and for existing
buildings identified by the water supply operator as requiring a backflow
preventer, the owner shall submit an application for approval on the
form prescribed by the Dutchess County Department of Health from time
to time. The application shall be accompanied by a report prepared
and stamped by a New-York-State-licensed engineer or licensed architect.
(3)
The owner, after having been informed by a letter the Building Department,
shall, at his expense, install, maintain and test, or have tested,
where applicable, any and all DCVA and RPZA devices on his premises.
(4)
The owner shall correct any malfunction of the backflow preventer
which is revealed by periodic testing.
(5)
The owner shall inform the water supply operator of any proposed
or modified cross-connections and also any existing cross-connections
of which the owner is aware but have not been found by the water supply
operator.
(6)
The owner shall not install a bypass around any backflow preventer
unless there is a backflow preventer of the same type on the bypass.
Owners who cannot shut down operation for testing of the device(s)
must supply additional devices necessary to allow testing to take
place.
(7)
The owner shall install backflow preventers in a manner approved
by the water supply operator.
(8)
The owner shall install only backflow preventers approved by the
water supply operator and/or the New York State Department of Health.
(9)
Any owner having a private well or other private water source may
be required to install a backflow preventer at the service entrance
if a private water source is maintained, even if it is not cross-connected
to the Town water system.
(10)
The owner shall not install plumbing to provide potable water
for domestic purposes which is on the Town's side of the backflow
preventer.
(11)
The owner shall be responsible for the payment of all fees for
annual testing, retesting in the case that the device fails to operate
correctly, and second reinspections for noncompliance with Town requirements.
C.
Use of existing backflow devices. Any existing backflow preventer
shall be allowed by water supply operator or building inspector 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, the backflow prevention device shall be upgraded as
required by water supply operator or building inspector to provide
a suitable safeguard for the degree of hazard associated with the
current or proposed use.
A.
Categories; rating system; regulation.
(1)
An acceptable backflow prevention device must be installed in every
service connection to a facility. Three categories shall be considered
when determining the degree of hazard posed by a facility and making
the subsequent determination of the type of protection device required.
The Town of Fishkill 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, "reduce pressure zone
assembly," (RPZA) or "double-check valve assembly" (DCVA). The considerations
are:
(2)
Based on these considerations the water supply operator and/or the
Town Engineer as designated by the Town Board shall rate a facility
as "hazardous," "aesthetically objectionable" or "nonhazardous."
(a)
A hazardous facility must be contained through the use of an
RPZA or properly designed air gap.
(b)
An aesthetically objectionable facility must be contained through
the use of a DCVA, RPZA or air gap.
(c)
Nonhazardous facilities should be protected through an internal
plumbing control program to ensure that plumbing cross-connections
are adequately protected or eliminated; or through the use of a DCVA,
RPZA or air gap.
B.
The water supply operator and/or the Town Engineer as designated
by the Town Board shall determine the type of device required for
each property and facility. In making this determination, the water
supply operator may utilize the Sample List of Facilities Requiring
Backflow Prevention, prepared by the Department of Health and, if
necessary, shall consult with the Dutchess County Department of Health.
C.
Cross-connection control by facility type.
(1)
Hazardous types of facilities which shall require installation of
an approved reduce pressure zone assembly (RPZA) or air gap in the
service connection to the public water distribution system include
but are not limited to:
(a)
Sewage and industrial wastewater treatment plants and pumping
stations and sewer flushers.
(b)
Paper manufacturing or processing, dye plants, petroleum processing,
printing plant, chemical manufacturing or processing, industrial fluid
systems, steam generation, rubber processing and tanneries.
(c)
Canneries, breweries, food processing, milk processing, ice
manufacturing, meat packers, poultry processing and rendering companies.
(d)
Hospitals, clinics, laboratories, veterinary hospitals, mortuaries
and embalmers.
(e)
Metal plating, photo processing, laundries, commercial car washes,
commercial refrigeration systems and dry-cleaning establishments.
(f)
Commercial greenhouses, spraying and irrigation systems using
weedicides, herbicides and exterminators.
(g)
Boiler systems, cooling towers or internal firefighter systems
using conditioners, inhibitors and corrosion control chemicals.
(h)
Residential units with lawn and irrigation systems with chemical
injection.
(i)
Residential units or facilities with service provided by both
the village water distribution system and private well or water supply.
(2)
Aesthetically objectionable types of facilities which shall require
installation of an approved double-check valve, RPZA or air gap in
the service connection of the public water distribution system are
those which include but are not limited to:
(a)
Customer fire-protection loops and fire-storage tanks with no
chemical additives.
(b)
High-temperature potable water.
(c)
Utilization for food-grade dyes.
(d)
Complex plumbing systems in commercial buildings, such as but
not limited to beauty salons, churches, apartment buildings, gas stations,
supermarkets, nursing homes, construction sites and carnivals.
(e)
Residential units with lawn and irrigation systems.
(3)
The above lists are not all-inclusive. The type of backflow prevention
device required for each facility shall be determined by the water
supply operator and/or the Town Engineer as designated by the Town
Board as set forth above.
(4)
Strainers. The Town strongly recommends that all new retrofit installation
of reduced pressure principle devices and double-check valve backflow
preventers include the installation of strainers located immediately
upstream of the backflow device, except on fire lines. The installation
strainers will preclude the fouling of backflow devices due to both
foreseen and unforeseen circumstances occurring to the water supply
system, such as water main repairs, water main breaks, fires, periodic
cleaning and flushing of mains, etc. These occurrences may stir up
debris within the water main that will cause fouling of backflow devices
installed without the benefit of strainers. No strainer is to be used
on a fire line without the approval of the insurance underwriters
having jurisdiction.
A.
The testing of backflow prevention devices shall be performed on
an annual basis by the owner of any system requiring the same, and
the cost of such testing shall be borne by the owner of the system.
The testing procedures shall conform to the requirements of the New
York State Department of Health and the Dutchess County Department
of Health. Test results shall be submitted to the water supply operator
within 30 days of the completion of such testing. Late submissions
of annual test results shall be subject to an administrative processing
fee in the amount of $25.
B.
Any backflow preventer which fails during a periodic test will be
repaired or replaced. When repairs are necessary, upon completion
of the repair the device will be retested at the owner's expense to
ensure correct operation. High-hazard situations will not be allowed
to continue unprotected if the backflow preventer fails the test and
cannot be repaired immediately. In other situations, a compliance
date of not more than 30 days after the test date will be established.
The owner is responsible for spare parts, repair tools or a replacement
device. Parallel installation of two devices is an effective means
of the owner ensuring that uninterrupted water service during testing
or repair of devices and is strongly recommended when the owner desires
such continuity.
C.
Backflow prevention devices will be tested more frequently than specified
above in cases where there is a history of test failures and the water
supply operator feels that due to the degree of hazard involved, additional
testing is warranted. Cost of the additional testing will be borne
by the owner.
A.
The Building Inspector or his or her designee shall enforce this
article and the cross-connection and backflow protection requirements,
specifications, guidelines and facilities classifications of the New
York State Department of Health and the Dutchess County Department
of Health. Specifications, guidelines, facilities, classifications
and other administrative requirements and information which shall
be used to implement the requirements shall be on file in with the
water supply operator.
B.
The Town Board, through its designee, will operate a cross-connection
control program, or include the keeping of necessary records, which
fulfills the requirements of the New York State Health Department's
Cross-Connection Regulations.
C.
The owner shall allow his property to be inspected for possible cross-connections
and shall follow the provisions of the program as set forth by the
Town of Fishkill or its designee.
D.
If the water supply operator requires that the public supply be protected,
the owner shall be responsible for water quality beyond the outlet
end of the containment device and should utilize fixture outlet protection
for that purpose.
The application for approval for the installation of a backflow
preventer shall be accompanied by a fee in the amount of $100.
In addition, and not in lieu of any other penalty set forth
in this chapter, any person who violates any provision of this article
shall be subjected to a fine not to exceed $250 for each day the violation
continues after notice by the Town or its designee. In addition, the
service of water to any premises may be discontinued by the Town if
backflow prevention devices required by this article or regulations
adopted pursuant thereto are not installed, tested and maintained;
if any defects are found in an installed backflow prevention device;
if it is found that the backflow prevention device has been removed
or bypassed; or if an unprotected cross-connection exists on the premises,
and water service shall not be restored until such condition or defect
is corrected.