The East Greenbush Water Department may at any reasonable time inspect any facility in order to determine if a hazard exists due to an actual or potential cross-connection between the water system and any potential source of contamination. In any case where the Commissioner deems such hazard to exist, he may require the property owner to install an approved backflow prevention device in every water service line to the facility for which a potential hazard exists. Such devices shall be installed at or as near the service connection as may be required by the Commissioner. Such backflow preventer shall be designed and installed in accordance with all regulations of Part 5, Section 1.31 of the New York State Sanitary Code,[1] and must be approved by the Commissioner and the Rensselaer County Department of Health prior to installations. All costs of installation and maintenance shall be borne by the property owner.
[1]
Editor's Note: See 10 NYCRR 5-1.31.
The following is a partial list of facilities that are especially likely to have cross-connection hazards:
A. 
Auxiliary water supply. Each service connection from the Town water supply for furnishing water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the Town water supply.
(1) 
If the auxiliary water supply is handled in a separate piping system with no known cross-connections, the Town 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 Commissioner may order the Town water supply protected by an air gap separation or an approved RPZ 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 Town water supply and the auxiliary water supply which cannot presently be eliminated, the Town water supply shall be protected by an approved RPZ installed at the service connection to the premises. When the auxiliary water supply may be contaminated, the Commissioner may order the Town water supply protected by an air gap separation installed at the service connection.
B. 
Toxic or hazardous substances under pressure. At the service connection to any premises on which any material dangerous to health or toxic substance in toxic concentration is or may be handled under pressure, the Town water supply shall be protected by an air gap separation. The air gap shall be located as close as practicable to the water meter, and all piping between the water meter and receiving tank shall be entirely visible. If these conditions cannot reasonably be met, the Town water supply shall be protected with an approved RPZ, which is acceptable to both the Commissioner and the County Health Officer.
C. 
Toxic or hazardous substances not under pressure. At the service connection to any premises on which any material dangerous to health or toxic substance in toxic concentration is not handled under pressure but is otherwise handled in such a manner as to constitute a cross-connection, the Town water supply shall be protected by an approved RPZ unless such cross-connection is abated to the satisfaction of the Commissioner and approved by the County Health Officer.
D. 
Nonhazardous substances. At the service connection to any premises on which substance that would be objectionable (but not necessarily hazardous to health) if introduced into the Town water supply is handled in such a manner as to constitute a cross-connection, the Town water supply shall be protected by an approved double-check valve assembly.
E. 
Sewage and storm drain treatment plants and pumping stations. At the service connection to any sewage treatment plant or sewage pumping station, the Town water supply shall be protected by an air gap separation. The air gap shall be located as close as practicable to the service connection, and all piping between the service connection and receiving tank shall be entirety visible. If these conditions cannot be reasonably met, the Town water supply shall be protected with an approved RPZ, providing this alternative is acceptable to both the Commissioner and the County Health Officer. A final decision in this matter shall be made by the State Health Department.
F. 
Fire systems. At the service connection to any premises in which a fire protection system is installed, the Town 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 atmosphere, dry wells, or other safe outlets. Protection: None other than the check valve required by the National Fire Code.
(2) 
Class 2. Same as Class 1, except booster pumps may be installed in the connections from the street mains. Protection: None other than the check valve required by the National Fire Code.
(3) 
Class 3. Direct connection from public water supply main plus one or more of the following: elevated storage tanks; fire pumps taking suction from aboveground covered reservoirs or tanks; and pressure tanks. Protection: 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. Protection: air gap or RPZ.
(5) 
Class 5. Directly supplied from public mains, and interconnected with auxiliary supply, such as pumps taking suction from reservoirs exposed to contamination, or rivers and ponds; driven wells; mills or other industrial water systems; or where antifreeze or other additives are used. Protection: air gap or RPZ.
(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. Protection: determined by the Commissioner upon review of engineering drawings of the system.
G. 
Lawn sprinkling systems. At the service connection to any permanently installed, below-grade lawn sprinkling system, the Town water, supply shall be protected by an approved RPZ assembly.
H. 
Others. Examples of other facilities which require cross-connection control include, but are not limited to:
(1) 
Beverage bottling plants.
(2) 
Breweries.
(3) 
Food processing plants.
(4) 
Chemical plants and plating facilities.
(5) 
Film laboratories.
(6) 
Hospitals, medical buildings, sanitariums, morgues and mortuaries.
(7) 
Irrigation systems.
(8) 
Laundries and dye works.
(9) 
Meat packing plants.
(10) 
Metal manufacturing, cleaning and fabricating plants.
(11) 
Radioactive materials production or research plants.
(12) 
Restricted, classified or other facilities closed to inspection.
(13) 
Sewage and storm drain facilities.
(14) 
Buildings heated by boilers where treatment chemicals are used.
(15) 
Buildings with certain types of air-conditioning systems.
(16) 
Swimming pools.
(17) 
Printing operations.
(18) 
Furniture stripping.
(19) 
Pharmaceutical companies.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Consumer responsibility. 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 by this chapter. The Town 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 device 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 Commissioner and County Health Officer, affords the maximum protection to the Town water supply.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The consumer on whose premises any protective device is installed shall have each such device inspected and tested annually. Inspections and test shall be performed under the supervision of a tester certified by the Department of Health. If successive inspections disclose repeated failures in the operation of any device, the Commissioner 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. Inspection records must be submitted to the Town using the current recordkeeping system. In addition, the owner is responsible for submitting records to the Department of Health. The Commissioner 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 Commissioner shall have the right to inspect the device and the consumer shall pay the cost thereof. The cost of any inspection made by the Commissioner shall be billed to the consumer.
A. 
Delivery of water shall be discontinued immediately and without notice to the consumer if the Commissioner or County Health Officer determines that the Town water supply is being contaminated or is in immediate danger of contamination. Delivery of water shall not be resumed until any protective device required by this chapter and approved by the Commissioner has been properly installed, or until conditions at the consumer's premises causing the contamination or danger of contamination have been abated or corrected to the satisfaction of the Commissioner and County Health Officer.
B. 
No water service connection shall be installed on the premises of any consumer unless the Town water supply is protected as required by this chapter.
C. 
Delivery of water to the premises of any consumer may be discontinued or a fine may be imposed on the consumer if the Commissioner or County Health Officer determines that:
(1) 
A protective device required by this chapter has not been installed, or is defective, or has been removed, or bypassed;
(2) 
The consumer cannot immediately be located;
(3) 
Records of inspection are not submitted in a timely manner.
D. 
Delivery of water shall not be discontinued or a fine imposed until written notice thereof has been given to the consumer.
(1) 
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 shall be discontinued or a fine imposed, and which shall not be less than 15 nor more than 90 days following the date of delivery or mailing of the notice. The Commissioner may grant the consumer an extension of an additional period not to exceed 90 days if he 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 delivery of 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. 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 Town.
(3) 
Once discontinued, delivery of water shall not be resumed until any protection devices required by this chapter and approved by the Commissioner have 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 Commissioner and the County Health Officer.
(4) 
If a fine has been imposed, it shall be in the amount of $100/day, and it shall accumulate daily until any protective device required by this chapter and approved by the Commissioner 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 Commissioner and the County Health Officer.
E. 
For the purpose of making any inspections or discharging the duties imposed by this chapter, the Commissioner 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 premises of water from the Town water supply, shall be considered as having stated his consent to the entry upon his premises of the Commissioner and County Health Officer for the purposes stated herein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All presently installed prevention devices which do not meet the requirements of this section but were approved devices for the purposes described therein at the time of installation and which have been properly maintained shall, except for the inspection and maintenance requirements under § 46-28, be excluded from the requirements of these rules so long as the Commissioner is assured that they will satisfactorily protect the Town's water supply. Whenever the existing device is moved from the present location or requires more than minimum maintenance, which constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this chapter.
The Department is authorized to enter into restrictive covenant agreements with various commercial, industrial and residential facilities regarding the installation of backflow prevention devices on their real property. These agreements shall allow backflow prevention devices to be installed in the main building with a meter at the property line as long as there are no taps between the meter and the main building, while requiring that if a tap is installed between the meter and the main building, then backflow prevention devices must be removed to the property line. These agreements shall be binding on all successors to the property and may be dischargeable by the Department whenever such backflow prevention devices are no longer required by law or ordinance for said property. The agreements shall contain such additional terms and conditions as the Department deems to be appropriate.
A. 
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter.
B. 
The Town Board of the Town of East Greenbush declares that it would have passed this chapter and every section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsection, sentence, clauses or phrases be declared unconstitutional.