[HISTORY: Adopted by the Board of Trustees of the Village
of Avon 10-29-1990 by L.L. No.
3-1990. Amendments noted where applicable.]
The purpose of this chapter is:
A.
To protect the public potable water supply of the Village of Avon,
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 contaminations 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 Avon Water Superintendent shall be responsible
for the protection of the Village of Avon distribution system from
contamination due to the backflow of contaminants through the water
service connection. If, in the judgement of said Superintendent, an
acceptable backflow-prevention device is required at the Village's
water service 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 an acceptable
backflow-prevention device at each service connection to this premises.
The customer shall immediately install such approved device or 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 ground for discontinuing water service to the premises
until such device or devices have been properly installed.
As used in this chapter, the following terms shall have the
meanings indicated:
An acceptable air gap reduced-pressure zone device or double-check
valve assembly as used to contain potential contamination within a
facility. In order for the reduced-pressure zone device or the 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 effect human health. Typical examples
of such substances are food-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 flood 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 Avon Superintendent as meeting
an applicable specification stated or cited in this chapter or as
suitable for the proposed use.
Any water supply on or available to the premises other than
the Village of Avon's approved public water supply. These auxiliary
waters may include water from another purveyor's public potable water
supply or any natural source(s) such as a well, spring, river, stream,
harbor, etc., or used waters. 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 a differential in pressure,
that causes the flow of water or other liquids and/or gases into the
distribution pipes of the Village of Avon supply system from any source
other than its intended source.
That individual or firm approved to accomplish the necessary
inspections and operational tests of backflow-prevention 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
Avon 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 system. 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: laboratories,
sewage treatment plants, chemical plants, hospitals, mortuaries.
One which does not require the installation of an acceptable
backflow-prevention device.
The entire Village of Avon water system, including the source,
treatment works, transmission mains, distribution system and storage
facilities serving the public. 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 valves, 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 shall be less than the upstream (supply) pressure. In the case
of 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 of the device, and each device shall be fitted with properly located
test cocks.
The Superintendent of Public Works of the Village of Avon.
A.
The customer's water system shall be open for inspection at all reasonable
times to authorized representatives of the Village of Avon.
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 and
availability of contaminants, the availability of an auxiliary water
supply and the type of firefighting system in use.
C.
An acceptable backflow-prevention 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 laws and
regulations. The design must be approved by the Superintendent and
all agencies required by the applicable New York State and Village
of Avon laws and regulations.
E.
Inspection and maintenance requirements.
(1)
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 a 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 expense of the customer,
and shall be performed by the device manufacturer's representative,
witnessed by the Village of Avon representative, or by a certified
tester approved by the Village of Avon Superintendent. The Village
of Avon shall have 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.
(2)
These devices shall be repaired, overhauled or replaced at the expenses
of the customer whenever said devices are found to be defective. Records
of such tests, repairs and overhaul shall be kept and made available
to the Village of Avon Superintendent. Copies of all testing and maintenance
records shall be sent to the Superintendent immediately after the
work is performed.
F.
All presently installed 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 § 48-4E, 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 Avon unless the water
supply is protected as required by state laws and regulations and
this chapter. Service of water to any premises shall be discontinued
by the Village of Avon Superintendent if a backflow-prevention device
required by this chapter is not installed, tested and maintained,
or if it is found that a backflow-prevention device has been removed
or bypassed. Service will not be restored until such conditions or
defects are corrected.
A.
A violation of the provisions of § 48-4 of this chapter is a misdemeanor punishable by a fine not to exceed $1,000 or imprisonment for not more than one year, or both, for any one case, to be recovered in an action or proceeding brought by the Attorney for the Village of Avon in a court of competent jurisdiction. Each day of a continuing violation shall be subject to a separate such fine, imprisonment or civil penalty.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The Attorney for the Village of Avon may maintain an action or proceeding in the name of the Village of Avon in a court of competent jurisdiction to compel compliance with this chapter or restrain by injunction any violation of this chapter, notwithstanding the provisions of § 48-5A hereof for a penalty or other punishment.
C.
Where any violation of this chapter causes expense to the Village
of Avon, such violation may also be punishable by a civil suit against
the violator, brought by the Attorney for the Village of Avon in the
name of the Village of Avon in a court of competent jurisdiction,
to recover such additional cost.
This chapter will be effective upon its proper filing as required
by law.
