[HISTORY: Adopted by the Town Board of the
Town of Pendleton 3-5-2002 by L.L.
No. 1-2002. Amendments noted where applicable.]
Potable water supplies are an essential life-supporting
element of our natural environment. Such water is continually threatened
by contamination or pollution and the possible subsequent creation
of health hazards. The Town of Pendleton desires to do all that is
practicable to prevent such contamination and pollution through the
use of safeguard devices. This chapter assists in the effectuation
of such purpose by requiring the installation of backflow prevention
devices where these exist. Cross-connections between private and public
water systems should avoid backflow into the public water system.
As used in this chapter, the following terms
shall have the meanings indicated:
A physical break between a supply pipe and a receiving vessel.
Said air gap shall be at least double the diameter of the supply pipe,
as measured vertically above the top rim of the vessel, and in no
case be less than one inch.
A check valve that seats readily and completely, carefully
machined to have free moving parts and assured watertightness. The
face of the closure element and valve seat shall be bronze, composition,
or another noncorrodible material which will seat tightly under all
prevalent conditions of field use. Pins and bushings shall be made
of bronze or another noncorrodible, nonsticking material machined
for easy, dependable operation. The closure element, e.g., the clapper,
shall be internally weighted or otherwise internally equipped to promote
rapid and positive closure in all sizes where this feature is possible.
It must be approved by New York State Department of Health.
An assembly of at least two independently acting check valves,
including tightly closing shutoff valves on each side of the check
valve assembly, suitable leak-detector drains, and connections for
testing the watertightness of each check valve. This device must be
approved by New York State Department of Health.
A device incorporating two or more check valves and an automatically
operating differential relief valve located between the two check
valves, two shutoff valves, and those appurtenances necessary for
testing. The device shall operate to maintain the pressure in the
zone between the two check valves at 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 the event of leakage of either check valve, the differential
relief valve shall operate to maintain this reduced pressure by discharging
to the atmosphere. When the inlet pressure is two pounds per square
inch or less, the relief valve shall open to the atmosphere thereby
providing an air gap in the device. In order to be approved, these
devices must be readily accessible for maintenance and testing, and
installed in a location where no part of the valve will be submerged.
The enclosure must be self-draining, so that the large amount of water
which the relief valve may vent will be disposed of reliably without
submergence of the relief valve. This device must be approved by the
New York State Department of Health.
Any water supply approved by the New York State Department
of Health.
Any water supply on or available to the premises, other than
the approved water supply.
A loop of pipe which at its topmost point rises approximately
35 feet above the highest fixture it supplies.
A person who is certified by the State Health Department
to be competent in the testing of backflow prevention devices. Said
person shall be provided with an appropriate identification card which
must be renewed annually. Said person will hereafter be referred to
as "Certified Inspector."
Any unprotected connection between a water system used or
intended to be used to supply water for drinking purposes, and any
source or system containing water or a substance which is not or cannot
be approved as equally safe, wholesome and potable for human consumption.
Niagara County Health Department.
A vacuum breaker which is designed not to be reactive to
static line pressure.
A vacuum breaker designed to operate under conditions of
static line pressure.
Town of Pendleton Water Department.
The consumer, or the person on the premises charged with
the responsibility of complete knowledge and understanding of the
water supply piping within the premises, and for maintaining the consumer's
water system free from cross-connections and other sanitary deficiencies
pursuant to regulations and laws. It shall be the responsibility of
the water users to provide and maintain these protective devices,
and each one must be of a type acceptable to the New York State Department
of Health.
A.
Where protection is required.
(1)
Each service connection between a public water system
and premises which have an auxiliary water supply shall be protected
against backflow of water from said auxiliary water supply into the
public water system, unless said water supply is approved as an additional
source by the Water Department, and is satisfactory to the public
health agency having jurisdiction with regard to quality and safety.
(2)
Each service connection between a public water system
and premises where a substance is handled under pressure in such a
manner as to permit entry into the premises' water system shall be
protected against the backflow of such premises' water system into
the public system. This includes the handling of process waters, and
those waters originally provided by the public water system which
may have deteriorated in sanitary or chemical quality.
(3)
Each service connection between a public water system
and premises where a substance of unusually toxic concentration or
danger to health is handled in liquid form, even when not under pressure,
shall be protected against the backflow of the water from the premises
into the public water system. Examples are plating factories, premises
using cyanide, and hospitals. This is not intended to apply to normal
household installations.
(4)
Backflow prevention devices shall be installed on
the service connection to any premises that have internal cross-connections,
unless such cross-connections are abated to the satisfaction of the
Water Department. It shall be the responsibility of the water users
to provide and maintain these protective devices, and each one must
be of a type acceptable to the New York State Department of Health.
(5)
Backflow prevention devices shall be installed on
all trucks or other equipment used for the purpose of spraying fertilizers,
insecticides, pesticides, or fungicides. Said devices shall prevent
the introduction of such chemicals into the public water system when
said equipment is being filled with water at fire hydrants or other
service connections of the public water system.
B.
Type of protection.
(1)
At the service connection to any premises on which
there is an auxiliary water supply handled in a separate piping system
with no known cross-connection, the public water supply shall be protected
by an approved double check valve assembly.
(2)
At the service connection to any premises on which
there is an auxiliary water supply where cross-connections are known
to exist which cannot be presently eliminated, the public water supply
system shall be protected by an air-gap separation or an approved
reduced pressure principle backflow prevention device.
(3)
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 public water supply) is handled so
as to constitute a cross-connection, the public water supply shall
be protected by an approved double check valve assembly.
(4)
At the service connection to any premises on which
a substance of unusual toxic concentration or danger to health is
or may be handled, but not under pressure, the public water supply
shall be protected by an air-gap separation or an approved reduced
pressure principle backflow prevention device. This device shall be
located as close as practicable to the water meter, and all piping
between the water meter and receiving tanks shall be entirely visible.
(5)
At the service connection to any premises on which
any material dangerous to health, or any toxic substance in toxic
concentration, is or may be handled under pressure, the public 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 tanks shall be entirely visible.
If these conditions cannot reasonably be met, the public water supply
shall be protected with an approved reduced pressure principal backflow
device which is acceptable to the Water Department.
(6)
At the service connection at any sewage treatment
plant or sewage pumping station, the public 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 tanks shall be entirely visible. If these
conditions cannot be reasonably met, the public water supply shall
be protected with an approved reduced pressure principle backflow
prevention device.
(7)
Trucks or equipment used for the purpose of spraying
fertilizers, insecticides, pesticides and fungicides shall be equipped
with a backflow prevention device which is determined to be reasonable
and acceptable to the Water Department.
C.
Frequency of inspection of protective devices. It
shall be the duty of the water user on any premises where backflow
prevention devices are installed to have inspections made at least
once a year, or more often in those instances where successive inspections
indicated repeated failure. Said devices shall be repaired, overhauled
or replaced at the expense of the water user whenever they are found
to be defective. Tests shall be performed by a Certified Inspector
at the user's expense and all test results will be delivered to the
Water Department within 72 hours after the test is made. Records of
such tests, repairs and overhauls shall be kept and made available
to the Water Department and the Local Health Department upon request.
A.
Separate drinking water systems. If the Water Department
determines that it is not practicable to protect drinking water systems
on premises against entry of water from a source or piping system
or equipment that cannot be approved as safe or potable for human
use, an entirely separate drinking water system shall be installed
to supply water at points convenient for consumers.
B.
Fire systems. Water systems for fire-fighting, derived
from a supply that cannot be approved as safe or potable for human
use, shall, wherever practicable, be kept wholly separate from drinking
water pipelines and equipment. In situations where the domestic water
system is used for both drinking and fire-fighting purposes, approved
backflow prevention devices shall be installed to protect those individual
drinking water lines not used for fire-fighting purposes. Any auxiliary
fire-fighting water supply which is not approved for potable purposes,
but which is so connected that it may be introduced into potable water
piping during an emergency, shall be equipped with an approved chlorination
machine. It is hereby declared to be the responsibility of the person
or persons causing the introduction of said unapproved or unsafe water
into the pipelines to develop a procedure and utilize such to notify
and protect users of this potable water piping system during the emergency;
and to effectuate measures to disinfect thoroughly and flush out all
pipelines which may become contaminated, prior to the resumption of
their use to provide drinking water. If the means used to protect
water consumers is disinfection of the auxiliary fire-fighting supply,
said installation and its use shall be thoroughly reliable. The public
water supply must be protected against backflow from such dual domestic
fire systems.
C.
Process waters. Potable water pipelines connected
to equipment for industrial processes or operations shall be protected
by a suitable backflow prevention device located beyond the last point
from which drinking water may be taken, which said device shall be
installed on the feed line to process piping or equipment. In the
event the particular process liquid is particularly corrosive, or
apt to prevent reliable action of the backflow prevention device,
air-gap separation shall be provided. All devices shall be tested
by the water user at least once a year, or more often in those instances
where successive inspections indicate repeated failure. The devices
shall be repaired, overhauled or replaced whenever they are found
to be defective. Tests must be performed by a certified inspector
at the user's expense and records of tests, repairs, and replacements
shall be kept and made available to the Water Department and the health
department upon request.
D.
Sewage treatment plants and pumping stations. Sewage
pumps shall not have priming connections which are directly connected
to any drinking water systems. No connections shall exist between
the drinking water system and any other piping, equipment, or tank
in any sewage treatment plant or sewage pumping station.
E.
Plumbing connections.
(1)
Where circumstances are such that there exists a special
danger to health from the backflow of sewage into a drinking water
system from sewers, toilets, hospital bedpans and the like, a dependable
device or devices shall be installed to prevent such a backflow.
(2)
These regulations do not transcend local plumbing
regulations, but only are directed at those extraordinary situations
where sewage may be forced into, or drawn into, potable drinking water
piping. These same regulations do not attempt to eliminate, at the
present time, the hazards of back-siphonage through flushometer valves
on all toilets but only are directed at those situations where the
likelihood of vacuum conditions in a drinking system is definite and
thus there is a special danger to health. Devices which avoid back-siphonage
from plumbing fixtures are roof tanks, barometric loops or separate
pressure systems separately piped to supply such fixtures, recognized
approved vacuum or siphon breakers, and other backflow prevention
devices which have been proven by appropriate tests to be dependable
in the destruction of a vacuum.
(3)
Inasmuch as many serious hazards of this kind are
caused by water supply piping which is too small, thereby causing
vacuum conditions when various fixtures are flushed or water is drawn
from the system in other ways, it is recommended that water supply
piping which is determined to be too small be enlarged whenever possible.
F.
Marking safe and unsafe water lines.
(1)
Where premises contain dual or multiple water systems
and piping, the exposed portions of pipelines shall be painted, banded
or marked at sufficient intervals to distinguish clearly which water
is safe and which is not safe. All outlets from secondary or other
potentially contaminated systems shall be posted as being contaminated
and unsafe for drinking purposes. All outlets intended for drinking
purposes shall be plainly marked to indicate such.
(2)
The local Health Department and the Water Department
shall be kept informed of the identity of all persons responsible
for the water piping on all premises concerned with these regulations.
At each premise where it is necessary, in the opinion of the Water
Department, a water supervisor shall be designated. The water user
shall be responsible for the installation and use of pipelines and
equipment and for the avoidance of cross-connections.
(3)
In the event of contamination or pollution of the
drinking water system due to a cross-connection of the premises, the
local Health Department and Water Department shall be promptly advised
by the person responsible for the water system so that appropriate
measures may be taken to eliminate the contamination.
A.
No water service connection to any premises shall
be installed or maintained by the Water Department until the water
supply is protected pursuant to state regulations and this rule.
B.
The providing of water to any premises may be discontinued
at the discretion of the Water Department if a backflow prevention
device required by this rule and regulation is not installed, tested,
and maintained. If any defect is found in an installed backflow prevention
device, or if it is found that a backflow prevention devise has been
removed or bypassed, or if unprotected cross-connections exist on
the premises, service will be terminated and not be restored until
such conditions or defects are corrected.
[Amended 6-13-2022 by L.L. No. 2-2022]
The water user may opt to employ the service
of a certified operator employed by the Water Department. Fees for
inspections by said certified inspectors shall be as described in
the Town of Pendleton Fee Schedule, adopted by the Town Board by resolution,
as may be amended from time to time. All such fees will be billed
by and be paid to the Water Department on the next quarterly or the
final water bill, as the case may be.
A.
Any person found violating any provision of this chapter
shall be served with a written notice, stating the nature of the violation
and providing a specified time within which the violation shall cease
and satisfactory corrective action shall be taken by the violator.
B.
In the event that such violation is not terminated
within the time specified within said notice, the violator shall be
liable to the people of the Town of Pendleton for a penalty of not
more than $1,000.
C.
Every week that a violation is allowed to continue
beyond the time specified in said notice shall constitute a separate
violation.
D.
Nothing contained herein shall prevent the Town of
Pendleton from exercising such other and additional remedies as are
available to it under other local law, or state or federal law.
A.
These regulations are to be reasonably interpreted;
it is their intent to recognize that there are varying degrees of
hazard and to apply the degree of protection should be commensurate
with the degree of hazard.
(1)
In case of a violation of this chapter, the Water
Department may shut off the service until the violation is removed
and all charges paid, including a charge for turning off or turning
on the service.
(2)
Service charges for turning off or turning on the
service shall be set by the Town Board by resolution.
(3)
Service charges will be added to the quarterly statement
or the final billing, as the case may be.
