A. 
The purpose of this article is to:
(1) 
Protect the public potable water supply served by the Somers Consolidated Water District No. 1 from the possibility of contamination or pollution by isolating, within its customers' internal distribution systems, such contaminants or pollutants which could backflow or back-siphon into the public water system.
(2) 
Promote the elimination or control of existing cross-connections, actual or potential, between public water supply and its customers' in-plant potable water system and nonpotable systems.
(3) 
Provide for the maintenance of a continuing program of cross-connection control which will effectively prevent the contamination or pollution of all potable water systems by cross-connection.
B. 
Based on information provided by the County Health Department, the Town Board finds that the majority of existing residential customers will present a very low risk to the public water supply and, accordingly, will not be ordinarily required, except in special circumstances, to install protective devices on water service connections.
Under Part 5 of the New York State Sanitary Code (Section 5-1.31), the water purveyor has a responsibility to establish a program with the aim of preventing water from unapproved sources, or any other substances, from entering the public potable water system.
The Town Engineer shall be responsible for administering this cross-connection control program for the protection of the public potable water distribution system from contamination or pollution due to the backflow or back-siphonage of contaminants or pollutants through the water service connection. If, in the judgment of the Town Engineer, an approved backflow device is required at the water service connection to any customer's premises, the Town Engineer, or his delegated agent, shall give notice, in writing, to said customer to install an approved backflow prevention device at each 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 following meanings unless the context shall otherwise require:
APPROVED
Plans/specifications accepted by the Town Engineer and Westchester County Health Department as meeting an applicable specification stated or cited in this chapter or as suitable for the proposed use.
AUXILIARY WATER SUPPLY
Any water supply, on or available to the premises, other than the purveyor's approved public potable water supply.
BACK PRESSURE
A condition in which the owner's system pressure is greater than the supplier's system pressure.
BACK-SIPHONAGE
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.
BACKFLOW
The flow of water or other liquids, fixtures or substances under positive or reduced-pressure in the distribution pipes of a potable water supply from any source other than its intended source.
BACKFLOW PREVENTER
A device or means designed to prevent backflow or back-siphonage; 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.
A. 
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.
B. 
ATMOSPHERIC VACUUM BREAKERA device which prevents back-siphonage by creating an atmospheric vent where there is either a negative pressure or subatmospheric pressure in a water system.
C. 
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 back-siphonage.
D. 
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.
E. 
DOUBLE-CHECK VALVE WITH INTERMEDIATE ATMOSPHERIC VENTA device having two spring-loaded check valves separated by an atmospheric vent chamber.
F. 
HOSE BIBB VACUUM BREAKERA device which is permanently attached to a hose bibb and which acts as an atmospheric vacuum breaker.
G. 
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. This 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).
H. 
REDUCED-PRESSURE-PRINCIPAL 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.
I. 
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.
COMMISSION
The State of New York Water Supply and Pollution Control Commission.
CONTAINMENT
A method of backflow prevention which requires a testable backflow prevention device (RPZ or a DBL check valve) at the water service entrance.
CONTAMINANT
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.
CROSS-CONNECTION
Any actual or potential connection between the public water supply and a source of contamination or pollution.
DEPARTMENT
The Town of Somers Engineering Department or its delegated representative in charge of the cross-connection program.
FIXTURE ISOLATION
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.
OWNER
Any person who has legal title to a property upon which a cross-connection inspection is to be made or upon which a cross-connection is present.
PERMIT
A document issued by the Town Engineer which allows the installation and use of a backflow preventer.
PERSON
Any individual, partnership, company, public or private corporation, political subdivision or agency of the State Department, agency or instrumentality of the United States or any other legal entity.
POLLUTANT
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.
TOWN ENGINEER
The Town Engineer, or his delegated representative in charge of the cross-connection program, 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.
WATER SERVICE ENTRANCE
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 a containment device for that purpose.
D. 
The owner may utilize public health officials or personnel from the Department, or their delegated representatives, or a private contractor to assist him in the survey of his facilities and to assist him in the selection of proper containment devices and the proper approval and 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 determine the type of backflow preventer, if any, that will be required, will issue permits and perform inspections. 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 and rebuilt every five years to ensure 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 that 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 Commissioner, during the calendar year (1994). 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 which have 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 which are approved by the Department and listed on the New York State Department of Health list of acceptable devices.
(8) 
Any owner having an existing private well or other private water source must have a permit if the well or source is cross-connected to the District'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 District's system.
(9) 
In the event that 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 or semiannual device testing, retesting in the case that the device fails to operate correctly and second reinspections for noncompliance with Department requirements.
The Department recognizes the potential threat to the public water system arising from cross-connections. All potential 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. A fee of $25 will be charged for the initial permit and $3 for the renewal of each permit.
B. 
Permits shall be renewed every three 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 in-use backflow preventer shall not be allowed by the Department to continue in service if its use results in an unreasonable risk to public health or if the degree of hazard is such as to supersede the effectiveness of the present backflow preventer, or if the installation does not meet the requirements. If the device is over five years of age, the device must be rebuilt to meet these requirements. 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 a reduced-pressure-principle device, or a reduced-pressure-principle device must be installed in the event that no backflow device was present.
A. 
Reduced-pressure-principle backflow devices shall be tested and inspected at least annually with copies of the certification submitted to the Department.
B. 
Periodic testing shall be performed by the owner's 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 at the owner's expense. 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 for the rebuilding of the device every five years. Parallel installation of two devices is an effective means of the owner insuring 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 test will be borne by the owner.
A. 
Records. The Department will initiate and maintain the following:
(1) 
The master files on customer cross-connection tests and/or inspection.
(2) 
Master files on cross-connection permits.
(3) 
Copies of permits and permit applications.
(4) 
Copies of lists and summaries supplied to the Department.
B. 
Reports. The Department will submit the following to the Commission:
(1) 
Initial listing of low-hazard cross-connections to the state.
(2) 
Initial listing of high-hazard cross-connections to the state.
(3) 
Annual update lists of items in Subsection B(1) and (2) above.
(4) 
Annual summary of cross-connection inspections to the state.
A. 
Effective the date of adoption of this cross-connection control program for the Town of Somers, all new residential buildings within the Water District boundaries will be required to install a residential dual-check device immediately downstream of the water meter. Installation of this residential dual-check device on a retrofit basis on existing service lines will be instituted at a time and at a potential cost to the homeowner as deemed necessary by the Department.
B. 
The owner must be aware that installation of a residential dual-check valve results in a potential closed plumbing system within his residence. As such, provisions may have to be made by the owner to provide for thermal expansion within his closed loop system, i.e., the installation of thermal expansion devices and/or pressure relief valves.
The Department strongly recommends that all new retrofit installations of reduced-pressure- principle devices and double-check valve backflow preventers include the installation of strainers located immediately upstream of the backflow device. The installation of strainers will preclude the fouling of backflow devices due to both foreseen and unforeseen circumstances occurring to the water supply system, such as water main repairs, water main breaks, fires, periodic cleaning and flushing of mains, etc. These occurrences may stir up debris within the water main that will cause fouling of backflow devices installed without the benefit of strainers.
This chapter shall be effective immediately upon the later of filing of same with the Secretary of State of the State of New York or January 1, 2022.