The purpose of this article is to:
A. 
Protect the public potable water supply of the Village of Millbrook from the possibility of contamination by isolating within its customers' internal distribution system or its customers' private water system such contaminations or pollutants which could backflow into the public water supply system; and
B. 
Comply with the requirements of the New York State Sanitary Code 5-1.31.
For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:
AIR GAP SEPARATION
A physical break between a supply pipe and a receiving vessel. The air gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, and in no case less than one inch.
APPROVED CHECK VALVE
A check valve that seals readily and completely. It must be carefully machined to have free-moving parts and assured watertightness. The face of the closure element and valve seal must be bronze, composition or other noncorrodible material which will seal tightly under all prevailing conditions of field use. Pins and bushings shall be bronze or other noncorrodible, nonsticking material, machined for easy, dependable operation. The closure element (e.g., clapper) shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable.
APPROVED DOUBLE CHECK VALVE ASSEMBLY
An assembly of at least two independently acting approved check valves, including tightly closing shutoff valves on each side of the check valve assembly and suitable test cocks plus connections available for testing the water tightness of each check valve.
APPROVED REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION DEVICE
A device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, two shutoff valves, and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two check valves, less than the pressure on the public water supply side of the device. At cessation of normal flow, the pressure between the check valves shall be less than the supply pressure. In case of leakage of either valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. To be approved, these devices must be readily accessible for maintenance and testing and installed in a location where no part of the device will be submerged.
APPROVED WATER SUPPLY
Any water supply approved by or under the public health supervision of a public health agency of the State of New York, the County of Dutchess or the Village of Millbrook. In determining what constitutes an approved water supply, the Department of Health of the State of New York (herein called "State Health Department") shall have the final judgment as to its safety and potability.
AUXILIARY WATER SUPPLY
Any water supply on or available to the premises other than the Village water supply.
CONSUMER
Any person to whom water is sold and furnished from the Village of Millbrook.
CONTAMINATION
An impairment of the quality of the Village water supply by the presence of any foreign substance (organic, inorganic, radiological or biological) to a degree which creates a hazard to the public health.
COUNTY HEALTH OFFICER
The Dutchess County Health Officer, the officer's assistants or authorized deputies acting as, or any other person appointed as, Health Officer of the County of Dutchess.
CROSS CONNECTION
Any unprotected connection between any part of the Village waterworks system used or intended to supply water for drinking purposes, and any source or system containing water or substance that is not or cannot be approved as safe, wholesome and potable for human consumption.
NONTOXIC SUBSTANCE
Any substance of a nonpoisonous nature that may create a moderate or minor hazard to the water supply system.
PERSON
Any natural person, firm, association, organization, partnership, trust or association or persons, joint venture, corporation or company, and includes the United States, the State of New York, the County of Dutchess, any special purpose district and any officer or agent thereof.
PREMISES
Integrated land and including improvements thereon undivided by public thoroughfares or water distribution mains of the Village of Millbrook and where all parts of the premises are operated under the same management and for the same purpose.
PROTECTIVE DEVICE
Any of the following devices:
A. 
Air gap separation.
B. 
Approved reduced pressure principle backflow prevention device.
C. 
Approved double check valve assembly.
SERVICE CONNECTION
The terminal end of a service connection from the Village water supply at its point of delivery to the consumer. If a meter is installed, service connection means the downstream end of the meter. No unprotected takeoffs from the service line ahead of any meter or backflow protective device located at the point of delivery to the consumer shall be permitted.
SUPERINTENDENT
The Superintendent of Water of the Village of Millbrook or his or her authorized representatives.
TOXIC SUBSTANCE
Any substance (liquid, solid or gaseous), including raw sewage and lethal substances, that when introduced into the water supply system creates or may create a danger to the health and well-being of the consumer.
VILLAGE
The Village of Millbrook.
VILLAGE WATER SUPPLY
An approved water supply sold and delivered to consumers' premises through the waterworks system of the Village of Millbrook.
A. 
Auxiliary water supply. Each service connection from the Village water supply for furnishing water to premises that have an auxiliary water supply shall be protected against backflow of water from the premises into the Village water supply.
(1) 
If the auxiliary water supply is handled in a separate piping system with no known cross connection, the Village water supply shall be protected by an approved double check valve assembly installed at the service connection to the premises. When the auxiliary water supply may be contaminated, the Superintendent may order the Village water supply protected by an air gap separation or an approved reduced pressure principle backflow prevention device installed at the service connection.
(2) 
If the auxiliary water supply is handled in a separate piping system and cross connections are known to exist between the Village water supply and the auxiliary water supply which cannot presently be eliminated, the Village water supply shall be protected by an approved reduced pressure principle flow prevention device installed at the service.
B. 
Toxic or hazardous substances. Should a facility be rated hazardous, a reduced pressure zone device would be required independent of a separate system handling the auxiliary Water System. The Village would also require a reduced pressure zone device if the facility were rated nonhazardous and the auxiliary Water System did not meet the water quality requirements of Part 5 of the State Sanitary Code.
C. 
Nonhazardous substances. 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 Village water supply is handled in such a manner as to constitute a cross connection, the Village water supply shall be protected by an approved double check valve assembly.
D. 
Nonhazardous to hazardous. In the event that a facility is rated nonhazardous and on a specific date becomes hazardous, notification of at least 30 days shall be given to the Superintendent before the change takes place. Protection by the use of a protective device as required on hazardous substances must be installed.
E. 
Sewage treatment plant and pumping station. At the service connection to any sewage treatment plant or sewage pumping station, the Village water supply shall be protected by an air gap separation. The air gap shall locate as close as practicable to the service connection, and all piping between the service connection and receiving tank shall be entirely visible. If these conditions cannot be reasonably met, the Village water supply shall be protected with an approved reduced pressure principle backflow prevention device, provided that this alternative is acceptable to both the Superintendent and the County Health Officer. A final decision in this matter shall be made by the State Health Department.
F. 
Fire system. At the service connection to any premises in which a fire protection system is installed, the Village water supply shall be protected based on the water source and arrangement of supplies in accordance with the following classifications:
(1) 
Class 1: direct connection from public water mains only; no pumps, tanks or reservoirs; no physical connections from auxiliary Water Supplies; no antifreeze or other additives of any kind; all sprinkler drains discharging to the atmosphere; and dry wells or other safe outlets. The required protection is a single check valve assembly, if not already installed in the system.
(2) 
Class 2: same as Class 1, except booster pumps may be installed in the connections from the street mains. The required protection is a single check valve assembly, if not already installed in the system.
(3) 
Class 3: direct connection from public water supply main, plus one or more of the following: elevated storage tanks, for pumps taking suction from aboveground covered reservoirs or tanks and pressure tanks. The required protection is a double check valve assembly.
(4) 
Class 4: directly supplied from public mains similar to Classes 1 and 2, and with an auxiliary water supply on or available to the premises or an auxiliary supply may be located within 1,700 feet of the pumper connection. The required protection is an air gap or reduced pressure principle backflow prevention device.
(5) 
Class 5: directly supplied from public mains and interconnected with auxiliary supplies, such as pumps taking suction from reservoirs exposed to contamination or rivers and ponds or driven wells; mills or other industrial water systems; or when antifreeze or other additives are used. The required protection is an air gap or reduced pressure principle backflow prevention device.
(6) 
Class 6: combined industrial and fire-protection systems supplied from the public water mains only, with or without gravity storage or pump suction tanks. The required protection is determined by the Superintendent upon review of engineering drawings of the system.
G. 
Lawn-sprinkling systems. At the service connection to any permanently installed lawn-sprinkling system, the Village water supply shall be protected by an approved double check valve assembly. If the lawn-sprinkling system handles liquid fertilizers or other chemicals, the Village water supply shall be protected by an approved reduced pressure principle backflow prevention device.
A. 
It shall be the responsibility of each consumer at his own expense to furnish, install and keep in good working order and safe condition any and all Protective Devices required in this chapter. The Village shall not be responsible for any loss or damage directly or indirectly resulting from or caused by the improper or negligent installation, operation, use, repair or maintenance of or interfering with any protective service by any consumer or any other person.
B. 
Conflicts. Whenever two or more conditions exist on any premises for the correction of which different protective devices are required in this chapter, the consumer shall be required only to install the Protective Device which, in the opinion of the Superintendent and County Health Officer, afford the maximum protection to the Village water supply.
The consumer on whose premises any Protective Device is installed shall have each such device inspected annually. If successive inspections disclose repeated failures in the operation of any device, the Superintendent may require more frequent inspections. Each device shall be repaired, overhauled or replaced at the expense of the consumer whenever it is found to be defective. Records of such test, repairs and overhauls shall be kept, and a copy of such records forwarded to the Superintendent on an annual basis. The Superintendent shall have the duty of determining that the inspections required herein are performed properly. If, following demand therefor, the consumer fails to have any of the inspections made as required herein or to make the above-described records available, the Superintendent shall have the right to inspect the device, and the consumer shall pay the cost thereof.
A. 
No water service connection shall be installed on the premises of any consumer unless the Village water supply is protected as required by this chapter.
B. 
Delivery of water to the premises of any consumer may be discontinued by the Superintendent if any Protective Device required by this chapter has not been installed, inspected, tested and maintained or is defective or has been removed or bypassed.
C. 
Immediate discontinuance.
(1) 
Delivery of water shall be discontinued immediately and without notice to the consumer if the Superintendent or County Health Office determines that:
(a) 
The Village water supply is being contaminated or is in immediate danger of contamination;
(b) 
A Protective Device required by this chapter has not been installed or is defective or has been removed or bypassed; and
(c) 
The consumer cannot immediately be located.
(2) 
Delivery of water shall not be resumed until any Protective Device required by this chapter and approved by the Superintendent has been properly installed or until conditions at the consumer's premises causing the danger of contamination have been abated or corrected to the satisfaction of the Superintendent and County Health Officer.
D. 
Notice of discontinuance.
(1) 
Except as provided in Subsection C, delivery of water shall not be discontinued until written notice thereof has been given to the consumer. The notice shall state:
(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, which shall not be less than 15 nor more than 90 days following the date of delivery of mailing of the notice. The Superintendent may grant the consumer an extension of an additional period not to exceed 90 days if he or she determines the consumer has exercised due diligence but has been unable to comply with the notice within the time originally allowed.
(2) 
The notice shall be given by delivering the same to the consumer, the manager or agent thereof or to any person in charge of or employed in the place of business of the consumer or, if the consumer has no place of business, then at the place of residence of the consumer, if known, or by leaving the notice at either the place of business or residence of the consumer. If the consumer cannot be found, service of the notice shall be mailed, postage fully prepaid, addressed to the consumer at the place of business or residence set forth in the application of the consumer for water service in the records of the Village.
E. 
Once discontinued, delivery of water shall not be resumed until any Protection Device required by this chapter and approved by the Superintendent has been properly installed, or until the conditions at the consumer's premises creating the need for a Protective Device have been abated or corrected to the satisfaction of the Superintendent and the County Health Officer.
F. 
For the purpose of making any inspections or discharging the duties imposed by this article, the Superintendent and County Health Officer shall have the right to enter upon the premises of any consumer. Each consumer, as a condition of the continued delivery to his or her premises of water from the Village water supply, shall be considered as having stated his or her consent to the entry upon his or her premises of the Superintendent and County Health Officer for the purposes stated herein.
All presently installed prevention devices which do not meet the requirements of this chapter 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 § 180-61, be excluded from the requirements of these rules so long as the Superintendent is assured that they will satisfactorily protect the Village's water supply. Whenever the existing device is moved from the present location, requires more than minimum maintenance or which constitutes a hazard to health, the unit shall be replaced by a backflow Protective Device meeting the requirements of this chapter.
Any person, firm or corporation who or which violates any of the provisions of this article shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article III.