[Adopted 3-23-1993 by L.L. No. 1-1993]
The purpose of this Part 2 is:
A.
To protect the public potable water supply of the Village of Lima,
Livingston County, New York, from the possibility of contamination
by isolating within its customers' internal distribution system(s)
or its customers' private water system(s) such contaminants or pollutants
which could backflow into the public water system; and
B.
To comply with the requirements of the New York State Sanitary Code
§ 5-1.31.
The Village of Lima Water Superintendent shall be responsible
for the protection of the Village of Lima water distribution system
from contaminants that have been demonstrated to the reasonable satisfaction
of said Superintendent to enter the water distribution systems through
a customer's water service connection. If, in the judgment of said
Superintendent, an acceptable backflow prevention device is required
at the Village's water connection to any customer's premises for the
safety of the water system, the Superintendent or his designated agent
shall give notice, in writing, to said customer to install such approved
devices at his own expense; and failure, refusal or inability on the
part of the customer to install said device or devices immediately
shall constitute a grounds for discontinuing water service to the
premises upon five days' notice to the customer or customer's agent
or assigns until such device or devices have been properly installed.
As used in this Part 2, the following terms shall have the meanings
indicated:
An acceptable air gap reduced pressure zone or double-check
valve assembly as used to contain potential contamination within a
facility. In order for the reduced pressure zone device or double-check
valve assembly to be acceptable, it must be listed on the most current
version of the New York State Department of Health list of Acceptable
Devices.
One in which substances are present which, if introduced
into the public water supply system, could be a nuisance to other
water customers, but would not adversely affect human health. Typical
examples of such substances are good-grade dyes, hot water, stagnant
water from fire lines in which no chemical additives are used, etc.
The unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet supplying water
to a tank, plumbing fixture or other device and the floodwater level
rim of said vessel. An approved air gap shall be at least double the
diameter of the supply pipe, measured vertically, above the top of
the rim of the vessel; and, in no case less than one inch.
Accepted by the Village of Lima Superintendent as meeting
an applicable specification stated or cited in this Part 2 or as suitable
for the proposed use.
Any water supply on or available to the premises other than
the Village of Lima approved public water supply. These auxiliary
waters may include water from any natural source(s) such as a well,
spring, stream, etc., or used water. These waters may be contaminated
or they may be objectionable and constitute an unacceptable water
source over which the water purveyor does not have sanitary control.
A flow condition, induced by differential in pressure, that
causes the flow of water or other liquids and/or gases into the distribution
pipes of the Village of Lima supply from any source other than its
intended source.
That individual or firm approved to accomplish the necessary
inspection and operational tests of backflow devices.
The presence in water of a substance that tends to degrade
its quality.
A water user served by the supply system.
The piping used to convey water supplied by the Village of
Lima supply system throughout a customer's facility. The system shall
include all those parts of the piping beyond the control point of
the Village water systems. The control point is either the curb valve
or the main valve located in the public right-of-way that isolates
the customer's facilities from the Village distribution system.
Whether a facility is rated as hazardous, aesthetically objectionable
or nonhazardous.
An assembly composed of two single, independently acting
check valves, including tightly closing shutoff valves located at
each end of the assembly and suitable connections for testing the
watertightness of each check valve.
One in which substances may be present which, if introduced
into the public water system, would or may endanger or have an adverse
effect on the health of other water customers. Typical examples include,
but are not limited to, laboratories, sewage treatment plants, chemical
plants, hospitals and mortuaries.
One which does not require the installation of an acceptable
backflow prevention device.
The entire Village of Lima water system, including the treatment
works, transmission mains, distribution system and storage facilities
serving the public, as such are located within the Town and Village
of Lima. This includes the distribution system up to its connection
with the customer's water system.
A device containing a minimum of two independently acting
check values, together with an automatically operated pressure differential
relief valve located between the two check valves. During normal flow
and at the cessation of normal flow, the pressure between these two
checks leakage of either check valve; the differential relief valve,
by discharging to the atmosphere, shall operate to maintain the pressure.
The unit must include tightly closing shutoff valves located at each
end to the device, and each device shall be fitted with properly located
cocks.
The Superintendent of Public Works of the Village of Lima.
A.
The customer's water system shall be open for inspection at all times
to authorized representatives of the Village of Lima.
B.
The Superintendent and/or Village Engineer shall rate a customer's
water system according to its degree of hazard to the public water
supply system. Some of the factors to be considered are the use availability
of contaminants, the availability of an auxiliary water supply and
the type of fire-fighting system in use.
C.
An acceptable backflow device shall be installed on each service
line to a customer's water system at or near the property line or
immediately inside the building being served, but in all cases, before
the first branch line leading off the service line as follows:
D.
The design of the installation of an acceptable backflow prevention
device must be prepared in accordance with New York State law and
regulations. The design must be approved by the superintendent and
all agencies required by the applicable New York State and Village
of Lima laws and regulations.
E.
It shall be the duty of the customer at any premises where backflow
prevention devices are installed to have certified inspections and
operational tests made at least once a year. In those instances where
the Superintendent deems the hazard to be great enough, he may require
certified inspections at more frequent intervals. Certified inspections
and operational tests must also be made when any backflow prevention
device is to be installed, repaired, overhauled or replaced, in addition
to the requirement of an annual certified inspection at the expense
of the customer and shall be performed by the device manufacturer's
representative, witnessed by the Village of Lima representative, or
by a certified tester approved by the Village of Lima Superintendent.
The Village of Lima Superintendent must be supplied in advance of
the selection of said tester(s) and the name and/or company and the
addresses and telephone numbers of those persons which are certified
as testers for backflow prevention devices. It shall be the duty of
the Superintendent to see that certified inspection and operational
tests of the backflow prevention devices are made. The customer shall
notify the Superintendent in advance, in writing, when the tests are
undertaken so that he or his representative may witness the tests
if it is so desired.
F.
All presently installed backflow prevention devices which do not meet the requirements of this section but were approved devices for the purposes described herein at the time of installation and which have been properly maintained shall, except for the inspection and maintenance requirements under Subsection E, be excluded from the requirements of these rules so long as the Superintendent is assured that they will satisfactorily protect the utility system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this section.
G.
No water service connection to any customer's water system shall
be installed or maintained by the Village of Lima, unless the water
supply is protected as required by state laws and regulations and
this Part 2. Service of water to any premises shall be discontinued
by the Village of Lima superintendent if a backflow prevention device
required by this Part 2 is not installed, tested and maintained or
it is found that a backflow prevention device has been removed or
bypassed. Service will not be resumed until such conditions or defects
are corrected.
A.
A violation of the provisions of § 175-26 of this Part 2 is a misdemeanor punishable by a fine not to exceed $1,000 or imprisonment not to exceed one year for any one case, said fine to be recovered in an action or proceeding brought by the Attorney of the Village of Lima in a court of competent jurisdiction. Each day of a continuing violation shall be subject to such fine, imprisonment or civil penalty.
[Amended 9-23-1997 by L.L. No. 3-1997]
B.
The Attorney for the Village of Lima may maintain an action or proceeding in the name of the Village of Lima in a court of competent jurisdiction to compel compliance with this Part 2 or restrain by injunction any violation of this Part 2, notwithstanding the provisions of Subsection A hereof for a penalty or other punishment.
C.
Where any violation of this Part 2 causes expense to the Village
of Lima, such violation may also be punishable by a civil suit against
the violator brought by the Attorney for the Village of Lima in the
name of the Village of Lima in a court of competent jurisdiction,
to recover such additional cost.
D.
As authorized, if in the reasonable opinion of the Village of Lima
Water Superintendent a backflow prevention device is required to be
installed or serviced, the failure so to do after delivery of a five-day
notice to the customer or customer's agent or assigns shall allow
the Village to discontinue water supply to said customer.
