Village of Cayuga Heights, NY Water

Each service connection from a public water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system, unless the auxiliary water supply is approved as an additional source by the water purveyor and is satisfactory to the public health agency having jurisdiction with regard to quality and safety, or the auxiliary water supply is properly abandoned.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Each service connection from a public water system for supplying water to premises on which any substance other than the supplied water is handled under pressure in such fashion as to permit entry into the water system shall be protected against backflow of the water from the premises into the public system. This shall include the handling of process waters and waters originating from the public water supply system which may have been subject to deterioration in sanitary or chemical quality.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Each service connection from a public water system for supplying water to premises on which any substance that is unusually toxic or a danger to human health is or may be handled in liquid form, or in solid or gaseous form if such substance is intended to be used after conversion to liquid form, even if such substance is not under pressure, shall be protected against backflow of the water from the premises into the public water system. Examples of such premises include, but are not limited to, plating factories, premises on which cyanide is handled and hospitals. This subsection is not intended to apply to normal residential installations.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(4)

Backflow prevention devices shall be installed on the service connection to any premises that have internal cross-connections, unless such cross-connections are abated to the satisfaction of the water purveyor.

(5)

It shall be the responsibility of the water user to provide and maintain these protective devices, and each one must be of a type acceptable to the State Health Department.

Type of protection. The protective device required shall depend on the degree of hazard as tabulated below:

At the service connection to any premises where there is an approved auxiliary water 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.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

At the service connection on any premises on which there is an auxiliary water supply where cross-connections are known to exist which cannot be presently eliminated or where the auxiliary water supply is not approved, the public water supply system shall be protected by an air gap separation or an approved reduced pressure principle backflow prevention device.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

At the service connection to any 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.

(4)

At each service connection from a public water system for supplying water to premises on which any substance that is unusually toxic or a danger to human health is or may be handled, in liquid form, or in solid or gaseous form if such substance is intended to be used after conversion to liquid form, even if it is not under pressure, the public water supply shall be protected by an air-gap separation or an approved reduced pressure principle backflow prevention device. This device shall be located as close as practicable to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(5)

At each service connection from a public water system for supplying water to premises on which any substance that is unusually toxic or dangerous to human health is or may be handled under pressure, the public water supply shall be protected by an air-gap separation or an approved reduced pressure principal backflow prevention device. The air gap shall be located as close as practicable to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot reasonably be met, the public water supply shall be protected with an approved reduced pressure principle backflow prevention device, providing the alternative is acceptable to the water purveyor.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(6)

At the service connection to any sewage treatment plant or sewage pumping station, the public water supply shall be protected by an air gap separation. The air gap shall be located as close as practicable to the water meter and all piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot be reasonably met, the public water supply shall be protected with an approved reduced pressure principle backflow prevention device.

Delegation of the municipality's authority under this article.

The municipality is hereby authorized to delegate all or any part of its power, authority and/or responsibilities under this article and under the CCC Law,[1] to the extent permitted by applicable law, to an authorized delegate, such as the Commission or an authorized representative of the Commission. In the event that the municipality does delegate all or any part of its power, authority and/or responsibilities to an authorized delegate, such delegate shall be deemed to be acting with the full power and authority of the municipality in regard to such matters, to the extent such power and authority exists under applicable law and to the extent such power and authority may be so delegated under applicable law. In the event that the municipality so delegates its power, authority or responsibility in regard to a particular matter discussed in this article, then, for the purposes of interpreting the text of this article referring to such matter, each and every reference in such text to "the municipality" may be understood to be a reference to the municipality's authorized delegate, such as, for example, as a reference to "the Commission."

Editor's Note: See 10 NYCRR 5-1.31.

The delegation of power, authority or responsibility described in Subsection C(1) above may be made by written agreement among the municipalities that are members of the Commission.

(a)

In such an agreement, the municipality may authorize the entity to which the municipality is thereby delegating its power, authority or responsibility, such as the Commission, to:

Appoint an administrator for a backflow prevention program designed to implement the provisions and fulfill the requirements of this article and the CCC Law[2] who shall be an employee of the authorized delegate; or

[2]

Editor's Note: See 10 NYCRR 5-1.31.

[2]

Select and engage an engineering or contracting or similar firm or person to act as administrator for the backflow prevention program; or

[3]

Administer the backflow prevention program itself; or

[4]

Combine options in Subsection C(2)[1], [2] and [3] in structuring and assigning the various tasks of the administration of the program.

(b)

In the event that the municipality so empowers its authorized delegate, and its authorized delegate takes any of the foregoing actions, the municipality's authorized delegate may grant to the program administrator any and all such power, authority or responsibility as has been delegated to the authorized delegate, and, as the municipality's authorized delegate deems necessary or appropriate, to develop, implement, administer and enforce the terms of a backflow prevention program on behalf of the municipality. Such delegation to the program administrator shall be made only to the extent permissible under applicable law.

§ 295-4 Protection of potable water system within premises.

Separate drinking water systems. Whenever the Plumbing Inspector determines that it is not practical to protect drinking water systems on premises against entry of water from a source of piping system or equipment that cannot be approved as safe or potable for human use, an entirely separate drinking water system shall be installed to supply water at points convenient for consumers.

Fire systems.

Water systems for fighting fire, derived from a supply that cannot be approved as safe or potable for human use, shall, wherever practicable, be kept wholly separate from drinking water pipelines and equipment. In cases where the domestic water system is used for both drinking and firefighting purposes, approved backflow prevention devices shall be installed to protect such individual drinking water lines as are not used for firefighting purposes. Any auxiliary firefighting water supply which is not approved for potable purposes, but which is so connected that it may be introduced into potable water piping during an emergency, shall be equipped with an approved automatic chlorination machine. It is hereby declared that it is the responsibility of the person or persons causing the introduction of said unapproved or unsafe water into the pipelines to see that a procedure be developed and carried out to notify and protect users of this piping system during the emergency, and that special precautions be taken to disinfect thoroughly and flush out all pipelines which may become contaminated before they are again used to furnish drinking water. In the event the means of protection of water consumers is by disinfection of the auxiliary firefighting supply, the installation and its use shall be thoroughly reliable.

The public water supply must be protected against backflow from such dual domestic fire systems, as detailed in § 295-3.

Process waters. Potable water pipelines connected to equipment for industrial processes or operations shall be protected by a suitable backflow prevention device located beyond the last point from which drinking water may be taken, which device shall be provided on the feed line to process piping or equipment. In the event the particular process liquid is especially corrosive or apt to prevent reliable action of the backflow prevention device, air gap separation shall be provided. These devices shall be tested by the water user at least once a year; or more often in those instances where successive inspections indicate repeated failure. The devices shall be repaired, overhauled, or replaced whenever they are found to be defective. These tests must be performed by a qualified backflow prevention device tester and records of tests, repairs, and replacement shall be kept and made available to the water purveyor and the health department upon request.

Sewage treatment plants and pumping stations. Sewage pumps shall not have priming connections directly off any drinking water systems. No connections shall exist between the drinking water system and any other piping, equipment, or tank in any sewage treatment plant or sewage pumping station.

Plumbing connections.

Where the circumstances are such that there is special danger to health by the backflow of sewage, as from sewers, toilets, hospital bedpans, and the like, into a drinking water system, a dependable device or devices shall be installed to prevent such backflow.

The purpose of these regulations is not to transcend local plumbing regulations, but only to deal with those extraordinary situations where sewage may be forced or drawn into the drinking water piping. These regulations do not attempt to eliminate at this time the hazards of back-siphonage through flushometer valves on all toilets, but deal with those situations where the likelihood of vacuum conditions in the drinking water system is definite and there is special danger to health. Devices suited to the purpose of avoiding back-siphonage from plumbing fixtures are roof tanks, barometric loops or separate pressure systems separately piped to supply such fixtures, recognized approved vacuum or siphon breaker and other backflow protective devices which have been proved by appropriate tests to be dependable for destroying the vacuum.

Inasmuch as many of serious hazards of this kind are due to water supply piping which is too small, thereby causing vacuum conditions when fixtures are flushed or water is drawn from the system in other ways, it is recommended that water supply piping that is too small be enlarged whenever possible.

Pier and dock hydrants. Backflow protection by a suitable backflow prevention device shall be provided on each drinking water pierhead outlet used for supplying vessels at piers or waterfronts. These assemblies must be located where they will prevent the return of any water from the vessel into the drinking water pipeline or into another adjacent vessel. This will prevent such practices as connecting the ship fire-pumping or sanitary pumping system with a dock hydrant and thereby pumping contaminated water into the drinking water system, and thence to adjacent vessels or back into the public mains.

Marking safe and unsafe water lines.

Where the premises contain dual or multiple water systems and piping, the exposed portions of pipelines shall be painted, banded, or marked at sufficient intervals to distinguish clearly which water is safe and which is not safe. All outlets from secondary or other potentially contaminated systems shall be posted as being contaminated and unsafe for drinking purposes. All outlets intended for drinking purposes shall be plainly marked to indicate that fact.

Water supervisor. The health department and the water purveyor shall be kept informed of the identity of the person responsible for the water piping on all premises concerned with these regulations. At each premises where it is necessary, in the opinion of the water purveyor, a water supervisor shall be designated. This water supervisor shall be responsible for the installations and use of pipelines and equipment and for the avoidance of cross-connection.

In the event of contamination or pollution of the drinking water system due to a cross-connection on the premises, the local health officer and water purveyor shall be promptly advised by the person responsible for the water system so that appropriate measures may be taken to overcome the contamination.

§ 295-5 Recourse for noncompliance.

No water service connection to any premises shall be installed or maintained by the water purveyor unless the water supply is protected as required by state regulations and this rule.

Service of water to any premises may be discontinued by the water purveyor, if a backflow preventive device required by this rule and regulation is not installed, tested, and maintained; if any defect is found in an installed backflow preventive device; if it is found that a backflow preventive device has been removed or bypassed; if unprotected cross-connections exist on the premises, and service will not be restored until such conditions or defects are corrected.

§ 295-6 Supplementary provisions to the CCC Law.

Installation and servicing of water distribution systems. All persons within the municipality that own or operate any water distribution system, or component of a water distribution system, that is connected to the public water supply system of the municipality (each, a "user"), as well as all persons that perform installation, repair, modification or servicing of any part of such users' water distribution system, shall take all steps necessary or appropriate to minimize the occurrence of backflow into the public water system and any resultant damage. Such steps shall include, but shall not be limited to, control of fire hydrant flow, maintaining maximum possible pressure during repairs, follow-up flushing and bacterial testing. Users of the public water supply system, and persons that intend to perform installation, repair, modification or servicing of any part of such users' water distribution system shall contact the municipality, or its designated agent, to obtain the information regarding the potential causes of and problems resulting from backflow into the public water supply, as well as the measures necessary or appropriate to prevent backflow in accordance with the New York State Cross-Connection Control Law and NYS Department of Health requirements, that such persons may require in order to achieve and maintain compliance with this article.

Survey of users.

Each user of the public water system who, under applicable New York State law, may be considered to be a potentially hazardous user shall cooperate, to the extent reasonably possible, in enabling the municipality, utilizing either its own personnel or independent contractors or a combination of both, to perform surveys of such user's water distribution system in order to determine if such user is a potentially hazardous user.

Any person selected by the municipality to perform such surveys, whether an employee of the municipality or an independent contractor, shall demonstrate to the satisfaction of the municipality that such person has received such training as is necessary or appropriate to perform the surveys in a thorough and accurate manner.

Certification of potentially hazardous users.

Each user that receives written notice of having been identified, under applicable New York State law, as a potentially hazardous user, shall be obligated, immediately upon receipt of such notice, to obtain and deliver to the municipality, or to the municipality's designated agent, as stated in such notice, written certification i) certifying whether the hazard described in the notice does or does not exist, and ii) if such hazard does exist, certifying that a New York State Health Department-approved backflow prevention device A) has been properly installed and B) is fully operational. The written certification must be signed by a licensed professional engineer who has adequate training, in the opinion of the municipality or its designated agent, in sanitary engineering, including in backflow prevention systems, water distribution and hydraulics. Any inspection and/or testing performed in connection with the preparation of the written certification must be performed by a person who has received certification from the State of New York Department of Health as a certified backflow prevention device tester (such person referred to in this article as a "certified backflow prevention device tester"), who has performed such inspection and/or testing under the supervision of the professional engineer who signs the written certification. The certification shall be dated, signed and sealed by the certified backflow prevention device tester not later than 72 hours following the performance of any necessary tests at the site and, if no testing was performed, not later than 48 hours following physical inspection of the site.

In the event that a user receives written notification from the municipality, or its designated agent, that such user's certification i) is materially deficient in regard to the scope, nature or detail of information provided, ii) contains any material errors or iii) provides information indicating that the user's backflow prevention device or system is inadequate or unsatisfactory, then this subsequent notice shall have the same effect as the initial notice described in Subsection C(1) above, that is, immediately upon receipt of this subsequent notice, the user shall be obligated to obtain and deliver to the municipality, or to the municipality's designated agent, as stated in such notice, a certification as described in Subsection C(1) above, which certification, in addition to the requirements of Subsection C(1) above, specifically states the manner in which the defect identified in the subsequent notice has been cured.

In the event that the user has failed to deliver either i) the certification described in Subsection C(1) above within 30 days of the date of the initial notice to the user, or ii) the certification described in Subsection C(2) above within 15 days of the subsequent notice to the user, then such user shall be in violation of this article and subject to such penalties as are provided for herein and under all other applicable law.

(4)

Each user shall pay a filing fee established by the municipality for the filing of the above-described certifications. Such fees may vary depending upon the nature of the user's business, the volume of water used by the user, and the size, age and location of the user's facilities.

(5)

All surveys of user's water distribution systems and all certifications delivered in accordance with this law shall be and remain the property of the municipality.

(6)

Each user who has been identified as a potentially hazardous user and has been sent a notice in accordance with Subsection C(1) above shall be required to deliver to the municipality, or its designated agent, an updated certification as described in Subsection C(1) above not less than once during every twelve-month period following the date of the initial notice to the user stating that the user has been identified as a potentially hazardous user. The municipality may deliver notices of such requirement for updated certifications to users periodically. In any case that the municipality has notified a user that a certification is defective as described in Subsection C(2) above, the municipality may require, by delivery of written notice to the user, that the user deliver to the municipality additional written certifications, as described in Subsection C(1) above, once in each four-month period during the 12 months following delivery of the defective certification.

(7)

In the event that any user that has previously been identified as a potentially hazardous user by having received a notice as described in Subsection C(1) above intends to install any backflow prevention device at its premises, prior to installation of such device the user shall deliver to the Municipality, or to the Municipality's designated agent, a written statement, prepared by a New York State licensed professional engineer, describing the device and a copy of the user's plans for its installation. The user shall not install such device until the user has received the municipality's, or the municipality's designated agent's, written approval to such plans, and such approval as may be required from the Tompkins County Health Department. If the installation of the device deviates substantially from such plans, the user shall obtain the Municipality's, or the Municipality's designated agent's, written approval, and such approval as may be required from the Tompkins County Health Department, to such deviation.

Penalties.

In the event that a user of the public water supply fails to comply with any term or provision of this article, the user shall be in violation of this article, and such user shall be subject to the imposition of such penalties as are provided in accordance with the Cross-Connection Control Law, and/or in accordance with this article and/or in accordance with any other applicable law. In addition, a violation of this article shall constitute a violation under the Penal Law of the State of New York. If no other penalties are provided, a violation of this article shall be deemed to be a misdemeanor, and the violator shall be subject to a fine of up to $1,000 and imprisonment for up to one year. Each week's continued violation shall constitute a separate offense. The provisions of the Criminal Procedure Law, and any other law applicable to misdemeanors, shall govern criminal prosecutions of violations of this article.

In addition to any other penalties provided in the Cross-Connection Control Law, or any other applicable law, if a user fails to provide to the municipality, or to the municipality's designated agent, any certification required in accordance with § 295-6C of this article, the user shall be subject to a fine. This fine shall not exceed $25 for each day beyond the 180th day following the date of the original notice to the user [as described in § 295-6C(1) of this article] multiplied by the number of inches of diameter of the largest pipe supplying public water to such user's premises.

In addition to any other penalties provided for herein, the municipality may institute any appropriate action or proceeding to prevent the unlawful installation, repair, modification, maintenance or use of a water distribution system that is connected to the public water supply in violation of the requirements of this article, the Cross-Connection Control Law or other applicable law.

Residential users.

Residential users shall be considered potentially hazardous users if a determination is made by the municipality that i) an activity conducted at the residential property or ii) a circumstance specific to the residential property establishes an equivalent degree of hazard as might be found in the situation of a potentially hazardous nonresidential user. Examples of such activities and circumstances include, but are not limited to, the presence of boiler feed inhibitors, antifreeze loops and single-walled heat exchangers. Residential swimming pools and double-walled heat exchanger systems shall not be considered potential hazards.

Residential users also shall be considered potentially hazardous users if:

(a)

The residential user obtains its water supply from a private well in addition to the public water supply service. In this case, the residential user must either comply with all currently applicable requirements of the NYS Cross-Connection Control Law and of the NYS Department of Health Cross-Connection Control Guide, or abandon use of the private well supply in a proper manner.

(b)

The residential user owns, operates, installs or relocates a lawn sprinkler system which employs underground lawn sprinklers. Such a residential user shall be required to install acceptable reduced pressure zone devices in accordance with the conditions of Subpart 5-1.31(a) of the NYS Cross-Connection Control Law. Residential users who own, operate, install or relocate a "pop-up" lawn sprinkler system, rather than a strictly underground sprinkler system, shall likewise be required to install an acceptable reduced pressure zone device under said Subpart 5-1.31(a), unless such owners apply, in writing, to the municipality for a waiver of this requirement and receive written confirmation from the municipality of such waiver. The requirement described in this Subsection E(2)(b) shall not apply to lawn sprinkler systems that are six inches or more above grade.

Private hydrants. Owners and operators of private hydrants which are not under the control of the public water supplier shall be required to install acceptable reduced pressure zone devices in accordance with Subpart 5-1.31(a) of the NYS Cross-Connection Control Law. The foregoing requirement shall apply whether the private hydrants are used to augment firefighting systems, for lawn fertilization, for tree spraying or for any other purposes.

Multiple customer distribution systems.

A "multiple customer distribution system," according to the New York State Department of Health, includes all strip shopping centers, malls and similar water distribution networks. For the purposes of this article, the term "multiple customer distribution system" shall also include any system providing water to any single nonresidential building or group of nonresidential buildings that are occupied by two or more entities which entities are not all owned by a common owner or by one another or are not all engaged in the conduct of the same activities at the location served by said water system. All multiple customer distribution systems shall be identified as potentially hazardous users, because there is generally no communication with the municipality regarding changes in individual customers using such systems. Owners of such systems, and/or their agents, shall install acceptable reduced pressure zone protection in such systems within the common service portion of such systems and as close within such systems to the water meter as is reasonably practical.

In the event that i) the owner of multiple customer distribution systems, and/or the owner's agent, submits to the municipality, or the municipality's designated agent, a detailed written description, satisfactory to the municipality, or its designated agent, of A) the system and its users and B) any change in any of the users of such system within 30 days of such change, and ii) the municipality, or its designated agent, determines that no user of such system is a potentially hazardous user, and that the system otherwise complies with all applicable backflow prevention laws, the multiple customer distribution system shall be entitled to a waiver of compliance with the requirements of Subsection G(1) above. Failure on the part of the owner and/or the owner's agent to deliver the notification of change of users described in item B) of this subsection above shall automatically make void any waiver from compliance with the requirement to install adequate reduced pressure zone protection in the multiple customer distribution system.

Article II Water Benefit Charge

[Adopted by L.L. No. 1-1976 (Art. 32 of the 2004 Code)]

§ 295-7 Intermunicipal agreement; costs.

The Village of Cayuga Heights by intermunicipal agreement with adjoining municipalities is part of a system of waterworks administered by the "Southern Cayuga Lake Intermunicipal Water Commission"; and, by agreement, the Village of Cayuga Heights is obligated to meet the capital share of the cost of such system and project, and its share of sums necessary for operation and maintenance of such system. The Village has determined that a portion of the cost shall be met by water rates duly adopted by the Village with the balance to be borne wholly by the owners of the land benefited by such water system. The Village by agreement also imposes upon parties not now benefited but benefited hereafter a connection charge. (See Schedule A.[1])

Editor's Note: Schedule A is provided as an attachment to this chapter.

§ 295-8 Potential building lot.

A potential building lot shall be any parcel or portion of a parcel of land complying with zoning requirements of the Village for a single-family dwelling.

§ 295-9 Property owner benefit computation.

The benefit to each owner of real property shall be computed in units as follows:

The owner of any private single residence on any parcel which cannot be divided into two potential building lots shall be assessed one unit. For each additional potential building lot within the parcel, an assessment of one-third unit shall be charged. An additional one-half unit shall be charged to any family having two roomers, with one-half unit for each additional roomer.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The owner of any potential building lot or unimproved parcel having an average width of 125 feet or multiple thereof shall pay one-third unit for each potential building lot. Any land 150 feet from a public road or highway is deemed to be not benefited and shall pay a connection charge when and if benefited, as hereafter provided.

Any two-family residence, apartment house, or multiple residence, other than a fraternity or sorority house or dormitory, shall be assessed one unit for each apartment or dwelling unit. An additional one-half unit shall be charged to any family having two roomers with additional one-half unit for each additional two roomers.

Each fraternity or sorority house or dormitory shall be assessed one unit for each three occupants in the said fraternity or sorority or dormitory.

The owner of any commercial or business property shall be assessed one unit for each store or separate place of business (except supermarkets, beauty parlors, laundromats, car washing facilities, for which see below under Subsection H). The owner of each professional office shall be assessed one unit for each office. The owner of each gas station shall be assessed one unit for each bay. The owner of each restaurant or food service, social or recreational club shall be assessed one unit plus one unit for each 5,000 square feet of building floor area or portion thereof.

The owner of any school shall be assessed one unit for each 10 persons.

The owner of any church shall be assessed one unit and one unit for each 10 persons taking part in regular classes other than Sunday school.

Any use of property not assigned units under the classifications above shall have its assignment of units decided by the Village Board of Trustees.

§ 295-10 Benefit charge; lien, interest and penalties.

The benefit charge for each property owner shall be shown on a separate tax roll and shall constitute a lien pursuant to § 5-516 Village Law of the State of New York, and may be paid without interest or penalty on or before the first day of July, and shall be paid as part of the Village Tax, and shall be subject to all interest and penalties as provided for Village taxes generally. The Trustees may direct that the charge be billed and paid separately.[1]