[HISTORY: Adopted by the Board of Trustees of the Village
of Fort Edward as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-30-2004 by L.L. No. 1-2004 (Ch. 94 of the 1985
Code)]
A.
BACKFLOW
BACK-SIPHONAGE
BUILDING
BUILDING WATER SERVICE
CROSS-CONNECTION
DWELLING UNIT or FAMILY UNIT
MULTIPLE DWELLING UNIT or MULTIFAMILY RESIDENCE
OWNER
PERSON
PLUMBING FIXTURES
POLLUTED WATER
POTABLE WATER
PUBLIC WATER MAIN
PUBLIC WATER SERVICE PIPE or PUBLIC WATER SERVICE
PUBLIC WATER SUPPLY SYSTEM or WATERWORKS
SINGLE-FAMILY DWELLING or SINGLE-FAMILY RESIDENCE
SUPERINTENDENT
VILLAGE
WATER MAIN or MAIN
WATER PLUMBING SYSTEM
WATER SERVICE PIPE or WATER SERVICE
WATER SUPPLY PIPING
Terms defined as used in this article shall have the meanings indicated:
The flow of water or other liquids, mixtures or substances
into the distribution pipes of a potable supply of water from any
source or sources other than its intended source.
The flowing back of used, contaminated or polluted water
from a plumbing fixture or vessel into a water supply pipe due to
negative pressure in such pipe.
A structure built, erected and framed of component structural
parts designed for the housing, shelter, enclosure or support of persons,
animals or property of any kind.
That pipe which extends from the termination of the public
water service pipe to the water distribution system of the building
served.
Any connection or arrangement between two otherwise separate
piping systems, one of which contains potable water and the other
either water of unknown or questionable origin, or steam, gas or chemical,
whereby there may be a flow from one system to the other, the direction
of flow depending on the pressure differential between the two systems.
A building or part thereof arranged or designed to provide
living and sanitary facilities for only one family.
A building containing two or more dwelling or family units.
A proprietor; one who owns or has exclusive right of possession.
Any individual, his or her heirs, executors, administrators
and includes a firm, partnership, corporation, company, association,
society, church, school and its successors.
The installed receptacles, devices or appliances which are
supplied with water or which receive or discharge liquids.
Water in which there are micro-organisms, chemical or waste
materials in a concentration which renders the water harmful or objectionable.
Water which is satisfactory for drinking, cooking and domestic
purposes and meets the requirements of the health authority having
jurisdiction.
Water supply pipe for public use controlled by the Village.
That part of the water service pipe to the building which
is constructed by the Village from the public water main in the public
way to the property line.
The works, structures, equipment and processes required to
supply, treat and distribute water to people at large or to any considerable
number of members of the public indiscriminately for domestic, commercial,
industrial and fire uses.
A building arranged or designed to provide living and sanitary
facilities for only one family.
The Superintendent of Waterworks, Street Superintendent in
the Village of Fort Edward or his authorized officers or agents.
The Trustees of Village of Fort Edward, a municipal corporation
of the State of New York and/or its duly authorized officers or agents.
The principal pipes of a water supply system to which water
services may be connected.
The water supply and distribution pipes, plumbing fixtures
and traps and water-treating or water-using equipment, including their
respective connection within the property line of the premises.
The pipe from the water main to the building served.
The water-distributing pipes and necessary connecting pipes,
fittings, and control valves in a building which convey water from
the water service pipe to plumbing fixtures and other water outlets.
The Village will not be liable for any damage which may result
to water customers from the shutting off of a water main or service
for any purpose, even when no notice is given, and no deduction from
bills will be made.
Persons taking Village water must keep the meter and pipes in
good repair and protected from freezing at their expense. Any costs
incurred by the Village will be billed to the property owner.
A.
Applicants for Village water must designate the position of water
fixtures to the Street Superintendent so it can be determined the
location of the fixtures will prohibit the fixtures from freezing.
All excavations for building water service installation shall be adequately
guarded with barricades and lights to protect the public from hazard
or injury. Streets, sidewalks, and other public property disturbed
in the course of the work will be restored in a manner satisfactory
to the Village.
B.
The applicant for the building water service permit shalt notify
the Village when the building water service is ready for inspection
and connection to the public water service and before the water service
installation is backfilled or covered. The connection will be made
under the supervision of the Street Superintendent or other authorized
Village representative. The applicant shall obtain the Street Superintendent's
approval before backfilling or covering the water service pipe.
No water user will be allowed to supply water to others. A violation
of this section could result in termination of water service. No more
than one building will be supplied by a single tap.
The Village may enter the premises of any water user at a reasonable
time to examine water fixtures. If a fixture is found to be damaged
or tampered with the Village will terminate water service and prosecute
the water user.
All leaks on premises must be promptly repaired by the owner
or occupant. Failure to promptly repair may result in termination
of service.
Metallic curb boxes must be used. Wooden boxes are prohibited.
Any water user wishing to discontinue water service must give
written notice to the office of the Village Clerk.
Whenever water service has been terminated for nonpayment of
water bills or for violation of rules and regulations, the Village
Board must approve the continuance of service.
All bills are payable semiannually during the months of April
and October at the office of the Village Clerk. A penalty of 10% will
be added to all bills not paid by a specific date determined by the
Village Board. In the event the bills are unpaid, the Village may
terminate water service, and payment will be enforced pursuant to
Chapter 507, Laws of the State of New York. In the event a meter cannot
be installed at the premises, the Village Board will establish a minimum
usage.
A.
The Village Board reserves the right to attach meters to any service
pipe at any time, and to direct the replacement of any water meters,
whenever it shall deem it appropriate, and charge for the quantity
of water measured. In the event of directed replacement, such replacement
shall be required on no less than 30 days' notice from the Village
Board.
[Amended 6-4-2012 by L.L.
No. 4-2012]
B.
Each property owner shall install a water meter for each dwelling
or building connected to the Village's water system. The water
meter will remain under the ownership of and will be maintained by
the Village as far as ordinary wear and tear is concerned. The property
owner shall be responsible for any damage to the meter not caused
by the Village.
C.
The Village will determine the type of any water meter and may differentiate
between residential, commercial and industrial meters.
[Amended 6-4-2012 by L.L.
No. 4-2012]
D.
It shall be unlawful for any person not specifically authorized by
the Village to interfere with, remove, replace or tamper with a meter
or meter seal.
E.
No connectors shall be made to any water service pipe between the
water main and the meter; all water used shall pass through the meter.
If an unlawful connection is found, the water will be shut off and
the premises fined.
F.
Where the water meter fails to register the total amount of water
used, the property owner shall pay for the period estimated amount
based on consumption in a similar period. The property owner shall
notify the Village of any damage to, or any cessation in registration
of, the water meter as soon as it comes to knowledge. If an estimated
consumption for a similar period is unavailable, a minimum usage of
25,000 gallons will be used for billing purposes.
G.
Any property owner who fails to install a water meter or to replace
a water meter, which will be supplied by the Village at the property
owner's expense, as required pursuant to this article within 30 days
after such written notice to the property owner by ordinary first-class
mail at his/her address stated in the Village property tax rolls shall
be liable to the Village for the following additional charge: $150
per billing period until the water meter has been installed, or the
cost to the Village to install the water meter, whichever is greater.
[Amended 6-4-2012 by L.L.
No. 4-2012]
H.
If a property owner has difficulty or hardship in installing a water
meter as required under this article, the Village may grant the property
owner a variance in installation of such water meter, but subject
to terms and conditions as the Village deems appropriate. Rates for
properties receiving variances will be reviewed from time to time
by the Village.
I.
It shall be the duty of the Village or such employee of the Village
to seal all water meters, and bypass valves on waterlines of metered
customers. The type and kind of seal used shall be determined and
furnished by the Village. The breaking of any seal, or the authorizing
thereof, or the opening of any water meter by pass valve, or the authorizing
thereof by any person, firm or corporation is prohibited except by
the Village or its representative.
J.
After three attempts by the Village to get access to the owners'
property to check or repair the meter, the owners will be charged
$200 per billing period until the water meter is repaired.
A.
The Village will maintain all water service from the street main
to the property line.
B.
All pipes and appurtenances on private property shall be maintained
by, and at the expense of, the property owner. The Village, where
it shall deem such action necessary, may do maintenance or repair
work on private property, in which case the cost, including overhead
expenses, shall be paid by the property owner. The cost of any work
outside of the property line made necessary by the neglect or through
the action of a property owner or tenant shall be charged to the property
owner.
C.
In the event of a complaint regarding a leak on a water service,
the Village will determine if the leak is a public hazard, in which
case the leak will then be repaired by the Village. If it is found
that the leak is not the Village's responsibility the owner will
be notified, and it shall be his responsibility to have the leak repaired
at once by a plumber at the owner's expense. If the property
owner fails to make such repairs within five days after written notification
by the Village, the Village, in order to conserve water and protect
the health of the residents, will make such repairs as are necessary
and will bill the owners for the cost of such work.
Water from the Village's system may be used for residential,
business, industrial and public purposes. The Village reserves the
right to impose at any time such restrictions on the use of water
as, in its judgment, may be necessary.
A.
No person, other than an authorized employee of the Village or a
member of the Fire Department acting under order of the Fire Chief
or his representative in the performance of his duties, may operate
a public fire hydrant, unless in possession of a permit from the Village.
B.
Public or private fire hydrants may not be used for flushing or for
any other purposes except for special written permission of the Village,
for the time and at the location specified. If such permission is
granted, the water used shall be paid for by the user, who shall be
charged for the water at the prevailing water rates.
A.
All buildings which are served with public water from the Village's
system shall have approved water supply and plumbing fixtures and
piping. Where the fixtures do not exist, or are not in good condition,
in the judgment of the Village, they shall be altered or repaired,
as the case may be, in such a manner as shall be required and within
the time named, by notice served by the Village upon the property
owner or occupant.
B.
The Village may at any time inspect existing plumbing systems and
require such modifications as in its judgment may be necessary to
put said plumbing in an approved, sanitary condition.
A.
Potable water supply systems shall be designed, installed and maintained
in such manner as to prevent nonpotable liquids, solids, or gases
from being introduced into the potable water supply through cross-connections
or any other piping connections to the system.
B.
Piping conveying potable water shall be constructed of nontoxic material.
No chemicals or other substances that could produce either toxic conditions,
taste, odor or discoloration in a potable water system shall be introduced
into or used in such systems. The interior surface of a potable water
tank shall not be lined, painted or repaired with any material which
will affect either the taste, odor, color or potability of the water
supply when the tank is placed in or returned to service.
C.
No physical connection or cross-connection shall be permitted between
the public water supply and an industrial, fire or other auxiliary
or emergency water supply source. This prohibition applies to all
piping systems, whether inside or outside of any building or buildings.
D.
Backflow or back siphonage.
(1)
No plumbing fixture or device shall be installed which will provide
a cross-connection between the Village's water supply and a drainage
or sewerage system so as to permit or make possible the backflow of
sewage or waste into the Village's water supply, nor shall any
plumbing fixture or device be installed which will provide a possible
cross-connection between the Village's water supply system and
any well, spring, cistern, river or other private source of water
supply. No water closet bowl shall be supplied directly from a domestic
water supply system through a flush valve unless such valve is set
above the water closet bowl in a manner so as to prevent any possibility
of polluting the water supply and the valve is protected by an approved
air-break or backflow preventers.
(2)
In order to prevent back-siphonage, all heating plants connected
to the water system shall have a Village-approved check valve installed
on the waterline supplying the plant, and the check valve shall be
installed ahead of the plant's automatic water feed or ahead
of the boiler shut-off valve.
(3)
All humidifiers or similar devices having the water inlet below the
overflow level shall be equipped with a Village-approved nonsyphon
ball cock.
(4)
Water which has been used for cooling or heating purpose shall not
be reused for domestic purposes.
E.
For soda, bar, laboratory, dental, medical, surgical and other appliances
requiring either a waste supply connection and plumbing fixtures,
no such fixture may be connected to either a waste or water supply
unless the fixture is approved as free of any possibility of cross-connection
or back siphonage. Dental, surgical, or other aspirators shall not
be of the type operated by water pressure, unless equipped with a
Village-approved vacuum break device.
No unauthorized person shall maliciously, willfully, or negligently
break, damage, destroy, uncover, deface or tamper with any structure
or equipment which is a part of the waterworks. Any person violating
this provision shall be subject to immediate arrest under the charge
of disorderly conduct or for violation of the laws of the State of
New York.
The Village and other duly authorized employees or representatives
of the Village bearing proper credentials and identification shall
be permitted to enter all properties for the purpose of inspections,
observations, measurements, sampling, meter reading and repair, removing
and testing water meters.
The Village or other duly authorized employees are authorized
to obtain information concerning industrial processes which have a
direct bearing on the interconnection of potable water supply lines
with industrial process water supply systems and on the amounts of
water required from the public water supply system. The industry may
withhold information considered confidential. The industry must establish
that the revelation to the public of the information in question might
result in an advantage to competitors.
The Village is authorized to require a deposit of up to 100%
of the estimated cost of connecting to the Village water mains. All
costs and expense incidental to the installation and connection of
the building water service will be borne by the owner. The owner will
indemnify the Village from any loss or damage that may directly or
indirectly be the result of the installation of the building water
service. No unauthorized person shall uncover, make any connectors
with, use, or disturb any public water main or water service without
first obtaining a written permit from the Village Board or its representatives.
There shall be three classes of building water service permits: 1)
residential service; 2) commercial service; 3) industrial service.
In each case, the owner or his agent shall make application to the
Village for a permit. When requested, the permit application shall
be supplemented by any plans, specifications or other information
considered pertinent in the judgment of the Village.
The Village reserves the right to increase or decrease the rates
and charges and to establish different classifications as to rates
for residential, commercial or industrial use and for special use
where multiple units or dwelling units are served by a single building
water service or by two or more water services.
All rates, charges and/or fines referred to shall constitute
a lien on the real estate served and shall be collectable in the same
manner as Village taxes.
Any person committing an offense against any of the provisions
of this article shall be punished, upon conviction, by a fine not
exceeding $250 or by imprisonment not exceeding 15 days, or both such
fine and imprisonment.
Any person found violating any provision of this article shall
become liable to the Village for any expense, loss or damage which
occurred as a result of the violation.
The Village Board reserves the right to modify or amend these
rules and regulations at any time and to make additional reasonable
rules as may seem best to regulate the water supply.
[HISTORY: Adopted by the Board of Trustees of the Village
of Fort Edward 10-3-2011 by L.L.
No. 1-2011. Amendments noted where applicable.]
This article is adopted in accordance with the Municipal Home
Rule Law of the State of New York, and the Village Law of the State
of New York. Furthermore, it is enacted in accordance with the Federal
Safe Drinking Water Act of 1974, and the statutes of the State of
New York, and those certain terms, conditions and provisions of the
New York State Sanitary Code, Part 5, § 5-1.31.
The purpose of this article is to safeguard potable water supplies
from potential contamination by preventing backflow from a water user's
system into the public water system. It is the intent of this article
to recognize that there are varying degrees of hazard and to apply
the principal that the degrees of protection should be commensurate
with the degrees of hazard. Further, it is the intent of the Village
of Fort Edward, New York, to comply with the requirements of New York
State Sanitary Code, Part 5, § 5-1.31, which section mandates
that the supplier of water protect their water system in accordance
with procedures acceptable to the Commissioner of Health. These mandated
requirements are set forth in the Cross-Connection Control Manual
published by the New York State Department of Health (NYSDOH), and
to that extent, the terms, conditions and provisions of the New York
State Sanitary Code, Part 5, § 5-1.31, and the Cross-Connection
Control Manual are incorporated in this article by reference as if
more fully stated.
The Water Superintendent shall be responsible for the protection
of the public potable water distribution system from contamination
or pollution due to the backflow or backsiphonage of contaminants
or pollutants through the water service connection. If, in the judgment
of the Water Superintendent, an approved backflow device is required
at the Village's water service connection to any customer's
premises, the Water Superintendent, or his delegated agent, shall
give notice in writing to said customer to install an approved backflow
prevention device at each service connection to his premises. The
customer shall, within 90 days, install such approved device, or devices,
at his own expense, and failure or refusal, or inability on the part
of the customer to install said device or devices within 90 days,
shall constitute a ground for discontinuing water service to the premises
until such device or devices have been properly installed.
As used in this article, the following terms shall have the
meanings indicated:
Accepted by the Water Superintendent as meeting an applicable
specification stated or cited in this regulation, or as suitable for
the proposed use. Devices must be approved by the New York State Department
of Health as a complete assembly and must be installed so that the
device is readily accessible for maintenance and testing, and in a
location where no part of the valve will be submerged.
Any water supply, on or available, to the premises other
than the approved municipal 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 breaker, hose bibb vacuum breaker, residential dual check,
double check with intermediate atmospheric vent, and barometric loop.
AIR GAPA physical separation sufficient to prevent backflow between the free-flowing discharge end of the potable water system and any other system. Physically defined as a distance equal to twice the diameter of the supply side pipe diameter but never less than one inch.
ATMOSPHERIC VACUUM BREAKERA device which prevents backsiphonage by creating an atmospheric vent when there is either a negative pressure or subatmospheric pressure in a water system.
BAROMETRIC LOOPA fabricated piping arrangement rising at least 35 feet at its topmost point above the highest fixture it supplies. It is utilized in water supply systems to protect against backsiphonage.
DOUBLE CHECK VALVE ASSEMBLYAn assembly of two independently operating spring-loaded check valves with tightly closing shutoff valves on each side of the check valves, plus properly located test cocks for the testing of each check valve.
DOUBLE CHECK VALVE WITH INTERMEDIATE ATMOSPHERIC VENTA device having two spring-loaded check valves separated by an atmospheric vent chamber.
HOSE BIBB VACUUM BREAKERA device which is permanently attached to a hose bibb and which acts as an atmospheric vacuum breaker.
PRESSURE VACUUM BREAKERA device containing one or two independently operated spring-loaded check valves and an independently operated spring-loaded air inlet valve located on the discharge side of the check or checks. Device includes tightly closing shutoff valves on each side of the check valves and properly located test cocks for the testing of the check valve(s).
REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTERAn assembly consisting of two independently operating approved check valves with an automatically operating differential relief valve located between the two check valves, tightly closing shutoff valves on each side of the check valves plus properly located test cocks for the testing of the check valves and the relief valve.
RESIDENTIAL DUAL CHECKAn assembly of two spring-loaded, independently operating check valves without tightly closing shutoff valves and test cocks. Generally employed immediately downstream of the water meter to act as a containment device.
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 State of New York Department of Health Control Commission.
A method of backflow prevention which requires a backflow
preventer at the water service entrance.
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 potable
water supply and a source of contamination or pollution.
Village of Fort Edward Water Department.
A method of backflow prevention in which a backflow preventer
is located to correct a cross-connection at an in-plant location rather
than at a water service entrance.
Any person who has legal title to, or license to operate
or habitat in, a property upon which a cross-connection inspection
is to be made or upon which a cross-connection is present.
A document issued by the Department which allows the use
of a backflow preventer.
Any individual, partnership, company, public or private corporation,
political subdivision or agency of the state, agency or instrumentality
or the United States or any other legal entity.
A foreign substance, that 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 effect such water for domestic use.
The Water Superintendent, or his delegated representative,
is invested with the authority and responsibility for the implementation
of a cross-connection control program and for the enforcement of the
provisions of this article.
That point in the owner's water system beyond the sanitary
control of the District; generally considered to be the outlet end
of the water meter and always before any unprotected branch.
A.
The Department will operate a cross-connection control program, to
include the keeping of necessary records, which fulfills the requirements
of the Commission's cross-connection regulations and is approved
by the Commission.
B.
The owner shall allow his property to be inspected for possible cross-connections
and shall follow the provisions of the Department's program and
the Commission's regulations if a cross-connection is permitted.
C.
If the Department requires that the public supply be protected by
containment, 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. He may utilize public health officials,
or personnel from the Department, or their delegated representatives,
to assist him in the survey of his facilities and to assist him in
the selection of proper fixture outlet devices, and the proper installation
of these devices.
A.
Department.
(1)
On new installations, the Department will provide on-site evaluation
and/or inspection of plans in order to approve the backflow preventer,
if any, that will be required, and will issue permit. The owner shall
submit proof of installation and testing results verifying that the
backflow preventer was installed properly and is functioning. In any
case, a minimum of a dual check valve will be required in any new
construction.
(2)
For premises existing prior to the start of this program, the Department
will perform evaluations and inspections of plans and/or premises
and inform the owner by letter of any corrective action deemed necessary,
the method of achieving the correction, 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 and the history of the device(s) in question.
(3)
The Department will not allow any cross-connection to remain unless
it is protected by an approved backflow preventer for which a permit
has been issued and which will be regularly tested to insure satisfactory
operation.
(4)
The Department shall inform the owner by letter of any failure to
comply by the time of the first reinspection. The Department will
allow an additional 15 days for the correction. In the event the owner
fails to comply with the necessary correction by the time of the second
reinspection, the 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 Department of extenuating circumstances as to why the
correction has not been made, a time extension may be granted by the
Department but in no case will exceed an additional 30 days.
(5)
If the Department determines at any time that a serious threat to
the public health exists, the water service will be terminated immediately.
(6)
The Department shall have on file, a list of private contractors
who are certified backflow device testers. All charges for these tests
will be paid by the owner of the building or property.
(7)
The Department will begin initial premises inspections to determine
the nature of existing or potential hazards, following the approval
of this program by the Commission, during the calendar year. The initial
focus will be on high-hazard industries and commercial premises.
B.
Owner.
(1)
The owner shall be responsible for the elimination or protection
of all cross-connections on his premises.
(2)
The owner, after having been informed by a letter from the Department,
shall, at his expense, install, maintain, and test, or have tested,
any and all backflow preventers on his premises.
(3)
The owner shall correct any malfunction of the backflow preventer
which is revealed by periodic testing.
(4)
The owner shall inform the Department of any proposed or modified
cross-connections and also any existing cross-connections of which
the owner is aware but has not been found by the Department.
(5)
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.
(6)
The owner shall install backflow preventers in a manner approved
by the Department.
(7)
The owner shall install only backflow preventers approved by the
Department or the Commission.
(8)
Any owner having a private well or other private water source must
have a permit if the well or source is cross-connected to the Department's
system. Permission to cross-connect may be denied by the Department.
The owner 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 Department's system.
(9)
In the event the owner installs plumbing to provide potable water
for domestic purposes which is on the Department's side of the
backflow preventer, such plumbing must have its own backflow preventer
installed.
(10)
The owner shall be responsible for the payment of all fees for
permits, annual device testing, retesting in the case that the device
fails to operate correctly, and second reinspections for noncompliance
with Department or Commission requirements.
The Department 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 or double check valves.
The Department shall not permit a cross-connection within the
public water supply system unless it is considered necessary and that
it cannot be eliminated.
A.
Cross-connection permits that are required for each backflow prevention
device are obtained from the Department. The testing fee, as provided
for in this article, will be charged for the initial permit and retesting
fee, as provided for in this article, and will be charged for the
renewal of each permit.
B.
Permits shall be renewed every five years and are nontransferable.
Permits are subject to revocation and become immediately revoked if
the owner should so 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 with
the utilization of a nontestable backflow preventer.
Any existing backflow preventer shall be allowed by the Department
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, as in the case of a residential installation converting
to a business establishment, any existing backflow preventer must
be upgraded to an approved device.
A.
All backflow preventers shall be tested and inspected at least annually.
B.
Periodic testing shall be performed by a certified tester. This testing
will be done at the owner's expense.
C.
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 owner's expense
to insure 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 insuring that uninterrupted water service during testing
or repair of devices and is strongly recommended when the owner desires
such continuity.
D.
Backflow prevention devices will be tested more frequently than specified in Subsection A above in cases where there is a history of test failures and the Department feels that, due to the degree of hazard involved, additional testing is warranted. Cost of the additional tests will be born by the owner.
The Village Board of Trustees shall, by resolution thereof,
establish and amended from time to time all fees required by this
article. Upon resolution by the Village Board of Trustees, the Department
will publish a list of fees or charges for the following services
or permits:
A.
Noncompliance; discontinuance of service.
(1)
Delivery of water to the premises of any owner may be discontinued
by the Department if any preventative device required by this article
has not been installed, inspected, tested and maintained or is defective
or has been removed or bypassed.
(2)
Emergency discontinuance. Delivery of water shall be discontinued
immediately and without notice to the owner if the Department or Commission
determines that:
(3)
Delivery of water shall not be resumed until any preventative device
required by this article and approved by the Department has been properly
installed or until conditions at the consumer's premises causing
the contamination danger or contamination have been abated or corrected
to the satisfaction of the Department.
B.
Notice.
(1)
All notices sent in accordance with this article shall state the
following:
(a)
The conditions or defects which must be corrected;
(b)
The manner in which the stated conditions or defects are to
be corrected; and
(c)
The date on or after which delivery of water will be discontinued
and which shall not be fewer than 15 days nor more than 90 days following
the date of delivery of mailing of the notice. The Department may
grant the owner an extension of an additional period not to exceed
90 days if he determines the owner has exercised due diligence, but
has been unable to comply with all of the requirements contained in
the notice within the time originally allowed.
(2)
The notice shall be given by delivering the same to the owner, the
manager or agent thereof or to any person in charge of or employed
in the place of business of the owner, or, if the consumer has no
place of business, then at the place of residence of the owner, if
known, or by leaving the notice at either the place of business or
the property. If the owner can not be located, service of the notice
shall be mailed, postage paid, addressed to the owner at the place
of business or address set forth in the application of owner for water
service in the records of the Village.
C.
If any facility served by a water system denies the Department access
to their premises for the purposes of determining if protection of
the public water system is necessary, then the maximum protection
condition shall be imposed with the requirement that the number of
devices shall equal the number of service lines.
D.
The following penalties shall be applicable for a violation of this
article:
(1)
Failure to install the appropriate backflow prevention device within
a prescribed time frame after first notice: $250.
(2)
Failure to install the appropriate backflow prevention device within
prescribed time frames after second notice: termination of service
(3)
Failure to at least annually test the backflow prevention device:
$300 and/or termination of water service.
(4)
Failure to replace or repair a backflow prevention device as required:
$1,000 and/or termination of water service
This article shall take effect upon filing with the New York
State Department of State.
