Town of Marbletown, NY Water

For said community public water supplies, in any municipal water district, as defined in 10 NYCRR Subpart 5-1.1, effective May 27, 1998, the design shall be to the standard provided by the following formula by the American Insurance Association.

	Q	=	1020 (square root of P) [1 - 0.01(square root of P)]
where
	Q	=	necessary fire flows in gallons per minute
	P	=	population of water district in thousands of people

The minimum acceptable value of Q shall not be less than 500 gallons per minute. The flow rate Q shall be maintained for a minimum number of hours equal to Q/1,000, with the minimum not to be less than two hours, and not to exceed 10 hours. An appropriate amount of distribution storage shall be provided to store the necessary water for fire-fighting purposes equal to Q multiplied by the amount of time the flow must be maintained in minutes.

§ 190-3 Design requirements.

The design requirements to meet the above-referenced standards shall include:

Minimum water distribution pipe size of eight-inch diameter.

Average fire hydrant spacing of 500 feet.

Elevated water storage facilities or ground-level storage with fire booster pumps.

§ 190-4 Waiver of standards.

The requirement for fire flows may be waived by the Town Board if there is a sound technical and/or financial reason why the community public water supply cannot meet the requirements as set forth herein.

Article II High Falls Water District

[Adopted 12-5-2006 by L.L. No. 5-2006]

§ 190-5 Intent and purposes.

It is the intent of the Town Board of the Town of Marbletown to establish the rules, regulations and a system to set rates governing the High Falls Water District in order to:

Benefit the health, safety and welfare of the people of the Town of Marbletown;

Meet mandated requirements in the High Falls Water District for the portion of the District in the Town of Marbletown;

Promote the elimination or control of cross-connections, actual or potential, between the consumer's in-plant potable water system(s) and nonpotable water system(s), plumbing fixtures and industrial piping systems;

Provide for the maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination or pollution of all potable water systems;

Clarify the rights and obligations of the High Falls Water District and Water District consumers;

Coordinate all rules as required by the intermunicipal agreement between the Towns of Marbletown and Rosendale, and agreements with the City of New York and its Water Board.

§ 190-6 Statutory authority.

This article is enacted in accordance with Articles 9 and 12 of the Town Law of the State of New York, the Municipal Home Rule Law, § 10 of the New York Statute of Local Governments, and other legislative authority of the State of New York, which grant the Town Board of the Town of Marbletown the authority to enact local laws for the purpose of promoting the health, safety and welfare of the people of the Town, and regulate special water districts within the Town.

§ 190-7 Word usage; definitions.

Unless otherwise expressly stated, for the purposes of this article, the following terms shall have the meanings indicated below. Words used in the present tense include the future. The singular number includes the plural and the plural number includes the singular. The terms "shall" and "must" are mandatory and not optional.

As used in this article, the following definitions shall have the meanings indicated:

AIR GAP

See "backflow preventer."

APPROVED

The term "approved" as herein used in reference to a water supply shall mean a water supply that has been approved by the health agency having jurisdiction.

The term "approved" as herein used in reference to an air gap, a double check-valve assembly, a reduced-pressure principle backflow prevention assembly or other backflow prevention assemblies or methods shall mean approval by the administrative authority having jurisdiction.

AUXILIARY WATER SUPPLY

Any water supply on or available to the premises other than the High Falls Water District's approved public water supply from the City of New York will be considered an auxiliary water supply. These auxiliary waters may include water from a public potable water supply other than the High Falls Water District, or any natural source(s), such as a well, spring, river, stream, harbor, etc., or used waters or industrial fluids. These waters may be contaminated or polluted or they may be objectionable and constitute an unacceptable water source over which the High Falls Water District does not have sanitary control.

BACKFLOW

The undesirable reversal of flow of water or mixtures of water and other liquids, gases or other substances into the pipes of the potable supply of water from any source or sources. See also "backsiphonage” and “backpressure."

BACKFLOW PREVENTER

An assembly, device or means designed to prevent backflow.

AIR GAPA physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non-pressure-receiving vessel. An approved air gap shall be at least double the diameter of the supply pipe measured vertically above the overflow rim of the vessel but in no case shall be less than one inch (2.54 cm).

REDUCED-PRESSURE PRINCIPLE BACKFLOW PREVENTION ASSEMBLYAn assembly containing two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The units shall include properly located resilient seated test cocks and tightly closing resilient seated shutoff valves at each end of the assembly. This assembly is designed to protect against a non-health hazard (i.e., pollutant) or a health hazard (i.e., contaminant). This assembly shall not be used for backflow protection of sewage or reclaimed water.

DOUBLE CHECK-VALVE BACKFLOW PREVENTION ASSEMBLYAn assembly composed of two independently acting, approved check valves, including tightly closing resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. This assembly shall only be used to protect against a non-health hazard (i.e., pollutant).

BACKPRESSURE

Any elevation of pressure in the downstream piping system (by pump, elevation of piping, or steam and/or air pressure) above the supply pressure at the point of consideration which would cause, or have the potential to cause, a reversal of the normal direction of flow.

BACKSIPHONAGE

A form of backflow due to a reduction in system pressure which causes a subatmospheric pressure to exist at a location in the water system.

CONSUMER

Owner of a property which is served by the High Falls Water District. Reference in this article of the Town Code to a "consumer" as herein defined shall include such consumer's duly authorized agent(s) or representative(s).

CONTAMINATION

An impairment of the quality of water which creates an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids, waste, etc.

CROSS-CONNECTION

Any unprotected actual or potential connection or structural arrangement between a public potable water system or a consumer's potable water system and any other source or system through which it is possible to introduce into any part of the potable water system any used water, industrial fluid, gas, or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections.

DIRECT CROSS-CONNECTIONA cross-connection which is subject to both backsiphonage and backpressure.

CROSS-CONNECTION CONTROL BY CONTAINMENT

INDIRECT CROSS-CONNECTIONA cross-connection which is subject to backsiphonage only.

The appropriate type or method of backflow protection at the service connection, commensurate with the degree of hazard of the consumer's potable water system.

CROSS-CONNECTION, CONTROLLED

A connection between a potable water system and a non-potable water system with an approved backflow prevention assembly properly installed and maintained so that it will continuously afford protection commensurate with the degree of hazard.

DISTRICT

The High Falls Water District, whose fiduciary officers are the Town Boards of Marbletown and Rosendale. Wherever it is referred to herein that permission be granted by, or that an application be made to, or that an act be done by, or that an act be approved by the District, it shall mean the High Falls Water District Superintendent, unless such permission, application or act requires approval of the Marbletown Town Board pursuant to applicable laws of New York State.

HAZARD, DEGREE OF

Either a pollution (non-health) hazard or contamination (health) hazard based upon evaluation of conditions within a water system.

HAZARD, HEALTH

An actual or potential threat of contamination of a physical or toxic nature to the public potable water system or the consumer's potable water system that would be a danger to the public health.

HAZARD, PLUMBING

An internal or plumbing-type cross-connection in a consumer's potable water system that may be either a pollution (non-health) or a contamination (health) hazard. This includes, but is not limited to, cross-connections to toilets, sinks, lavatories, wash trays and lawn sprinkling systems. Plumbing-type cross-connections can be located in many types of structures, including homes, apartment houses, hotels and commercial or industrial establishments. An appropriate type of backflow prevention assembly, if permitted to exist, must properly protect such a connection.

HAZARD, POLLUTION

An actual or potential threat to the physical properties of the water system or the potability of the public or the consumer's potable water system but which would not constitute a health or system hazard as defined herein. The maximum degree or intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause minor damage to the water system or its appurtenances.

HAZARD, SYSTEM

An actual or potential threat of severe danger to the physical properties of the public or the consumer's potable water system or of pollution or contamination which would have a protracted effect on the quality of the potable water in the system.

INDUSTRIAL FLUIDS

Any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration which would constitute a health, system, pollution or plumbing hazard if introduced into an approved water supply. This may include, but not be limited to, polluted or contaminated used waters; all types of process waters and used waters originating from the public potable water system which may deteriorate in sanitary quality; chemicals in fluid form; plating acids and alkalis; circulated cooling waters connected to an open cooling tower and/or cooling waters that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerins, paraffins, caustic and acid solutions and other liquid and gaseous fluids used industrially for other processes or for fire-fighting purposes.

METER

A device for measuring the volume of water used which only the High Falls Water District may provide.

NON-POTABLE WATER

See "water, nonpotable."

NYCRR

New York Codes, Rules and Regulations, the official compilation of codes, rules and regulations of New York State.

PLUMBING HAZARD

See "hazard, plumbing."

POLLUTION

An impairment of the quality of the water to a degree that adversely and unreasonably affects the aesthetic qualities of such water for domestic use. See also "hazard, pollution."

POTABLE WATER

See "water, potable."

SCHEDULE OF CHARGES

The Schedule of Charges for the High Falls Water District of the Towns of Marbletown and Rosendale, Ulster County, NY, wherein are specified the current rents, fees, taxes, deposits, penalties and other bills and charges pertaining to the said Water District as established by resolution of the Town Boards of both Towns.

SERVICE CONNECTION

The terminal end of a service connection from the public potable water system; that is, where the High Falls Water District may lose jurisdiction and sanitary control of the water at its point of delivery to the consumer's water system. If a water meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the water meter.

SERVICE PROTECTION

See "cross-connection control by containment."

SYSTEM HAZARD

See "hazard, system."

TOWN BOARD

The Town Boards of the Towns of Marbletown and Rosendale, Ulster County, New York.

TOWN CLERK

The Town Clerk of each Town of Marbletown and Rosendale.

USED WATER

See "water, used."

WATER, POTABLE

Any public potable water supply that has been investigated and approved by the health agency having jurisdiction. The system must be operating under a valid health permit. In determining what constitutes an approved water supply, the health agency has final judgment as to its safety and potability.

WATER, NON-POTABLE

A water supply that has not been approved for human consumption by the health agency having jurisdiction.

WATER SUPERINTENDENT

The person designated by the Marbletown and Rosendale Town Boards as responsible for the day-to-day oversight, operation and repairs of the High Falls Water District and invested with the authority and responsibility for the implementation of an effective cross-connection control program and for enforcement of the provisions of this article. The Water Superintendent shall generally act as agent for the Town Board in the issuance of permits, inspection of work, and quarterly reading of meters. Reference in this article of the Town Code to the Water Superintendent shall include the Water Superintendent's duly authorized agent(s) or representative(s). See also "district."

WATER SYSTEM

See § 190-8 of this article.

WATER, USED

Any water supplied by the High Falls Water District or an auxiliary water supplier from a public potable water system to a consumer's water system after it has passed through the service connection and is no longer under the control of the District.

§ 190-8 Water system.

The water system shall be considered as made up of two parts: the District system and the consumer system.

The District system shall consist of the source facilities and the distribution system, and shall include all those facilities of the water system under the complete control of the District up to the point where the consumer's system begins at the consumer side of the curb box.

The source shall include all components of the facilities utilized in the production, treatment, storage and delivery of water to the distribution system.

The distribution system shall include the network of conduits used for the delivery of water from the source to the consumer's system.

The consumer's system shall include those parts of the facilities beyond the termination of the District's distribution system that are utilized to convey potable water to points of use.

§ 190-9 Regulations and requirements.

Application for connection; insurance coverage.

If not hooked up initially, when the facilities and infrastructure was constructed for the District, any person or corporation located within the High Falls Water District may make application to the Town Boards for hook-up to the District water supply. The application shall be accompanied by a bond in such sum as shall be fixed by the Town Boards in consultation with the Highway Superintendent and the Water Superintendent, with one or more sureties acceptable to the Board, on the condition that the applicant shall comply with the provisions of this article of the Town Code; shall pay to the District all fees, penalties or other charges required hereby in consequence of the work undertaken; shall restore openings made in streets, roads, lanes and other public places and pavement thereon and therein to the same standard of condition as before the work commenced; shall keep and maintain the same in such condition for a period of one year after the work has been completed and, in case of failure so to do, shall pay to the District the cost of putting the same in such condition. The Town Board may, at its discretion, grant or deny such application. The Town Board may, at any time, revoke such permission so given.

Insurance coverage.

Any person, plumber or corporation obtaining a permit to make connections with the District system, before commencing work, shall have executed and filed in the office of the Town Clerk, the following required insurance coverages:

[1]

Public liability.

[a]

Contractor's liability.

[b]

Owner's protective (High Falls Water District named as additional insured).

[c]

Each in the following minimum amounts: $500,000/$1,000,000.

[2]

Property damage: $200,000/$500,000.

[3]

Blasting coverage (if applicable): $100,000/$200,000.

[4]

License and permit bond: In the amount of $10,000 guaranteeing that the holder will observe the laws of the municipalities involved and will hold the District harmless for any damage done.

The bonds, insurance and certificates herein required must be approved by the District's counsel as to form and sufficiency.

Permanent water service shall be provided only after the installation of a District-approved meter. All meters shall be of such make and type as, from time to time, may be approved by the Town Board, and shall be purchased from the District. Each installed meter shall be subject to quarterly charges established by the District, whether or not the premises in which the meter is located is occupied or in use.

No person or corporation shall use the water supplied by the District for any purpose whatsoever without having first obtained a permit upon written application therefor, after having first paid the charges pertaining to the introduction of water to the premises.

Applications for introduction of water to any premises or for the use of water shall be made upon a form furnished by the District for such purpose, and shall be signed by the owner of the premises or said owner's duly authorized agent. Such application shall contain a statement of all uses for which water is desired. If usage beyond that stated in the application occurs or, in the opinion of the Town Board in consultation with the Water Superintendent, exceeds the supply available, water service may be discontinued. Application for additional uses may be made at any time and a permit may be granted therefor subject to the best interests of the District as a whole.

No person shall make any attachment to or connection with any of the pipes or mains of the District, nor make any repairs, additions or alterations to the service pipes, except on the consumer's side of the meter, unless such person is an employee of the District or is a person or corporation authorized so to do by the Town Board.

No person shall tap any main or distributing pipe or interfere with any connection with the water system unless under the direction of and in the presence of the Water Superintendent, or unless such person is an employee of the District, or unless specific permission in each case be given by the District; nor shall any person make any alterations or additions in and about water pipes other than on the consumer's side of the meter unless a written permit shall have been obtained from the District upon written application therefor.

No street or public place shall be opened by any person for the purpose of making a connection with the mains or for the laying of water pipes or fixtures unless permission shall have been granted by the authority(ies) having jurisdiction therein.

Whenever any street or public place shall have been opened for the purpose of making a connection with the mains or for the laying of water pipes or fixtures, the permit holder shall have proper regard for public safety and convenience and said street or place shall be restored to its original condition as soon as practicable. Open trenches shall be guarded with barricades, and sufficient warning lights or flares shall be displayed after dusk.

Service pipes shall be laid at least four feet six inches below the surface of the ground at all points. The curb cock shall be installed between the sidewalk space and the curbline, close to the curbline if possible. The meter shall be installed within the building to be served, as close as practicable to the point where the service pipe enters, unless otherwise directed or permitted by the District, and shall be set with the inlet and outlet in a horizontal line with the register on top and shall be so located as to be readily accessible at all times for reading, inspection or repair.

For new residential installations:

A stop valve shall be provided within the building on the inlet and outlet side of the meter;

A double check-valve backflow prevention device shall be placed on the outlet side of the meter between the meter and the stop valve as close to the meter as is practicable; and

A pressure regulator, not to exceed 80 psi, shall be placed on the inlet side of the meter between the stop valve and the meter as close to the meter as is practicable.

For existing residential services: The same installations as in Subsection J above, or installations satisfying the requirements of NYCRR Part 5-1.3, may be required in existing residential services if it is determined by the Water Superintendent that the residential service poses a potential hazard for backflow contamination.

All installations required by this section shall be installed and completed on all services within the District, and all new connections approved by permit shall conform to the requirements of these regulations as follows:

Provision shall be made to prevent hot water from reaching the meter.

No red or white lead or joint compound shall be used on any joint between the main and the meter.

No tee or other fitting through which water can be taken shall be permitted on the service pipe between the main and the meter.

(4)

A meter may be set outside of a building in an underground pit only by special permission of the District, and, in such cases, the construction of the pit and the method of setting the meter shall conform to the directions which shall be furnished by the District for each specific instance.

In the event that a change in ground elevation leaves a service pipe insufficiently buried, or results in the curb box projecting above the ground or being covered with earth, the consumer shall promptly lower or raise such service pipe and curb box to conform to the new ground elevation. In case the consumer fails or neglects to make such alterations promptly, the supply of water shall be shut off until the alterations are completed, and a charge, to be fixed by the Town Board, shall be made to cover the labor and expense by the District resulting from the consumer's failure to comply.

Service pipes and meters and any appurtenances thereto shall be kept in good repair and protected from frost by the consumer at his or her own expense.

A stop or waste cock shall be provided within the building so located that all piping on the consumer's side of the meter can be drained whenever necessary on all new connections approved by permit.

In case a building is to be closed or become vacant, notice thereof shall be given to the District in order that the meter may be read and the curb cock closed. Where such notice is not given and pipes burst from freezing or other cause, the value of water lost by reason thereof, as estimated by the Water Superintendent, together with the additional sum, to be fixed by the Town Board, to cover labor and expense to the District, shall be added to the next bill and be paid in like manner as regular water charges.

Where a new connection is made with street mains and where a new extension or attachment is made in an unoccupied building, the person making the connection, extension or attachment shall close the curb cock. Notice of the completion of the work shall be given to the District and the curb cock shall not again be opened until the work has been inspected and approved by the District and the meter read. Pipes and connections between the main and the meter shall not be covered until inspected and approved.

Where a meter fails to register the correct quantity of water delivered through it, or where a meter otherwise becomes out of order or in need of repair, another meter shall then be installed by the District on loan to the consumer for a period of time necessary for the District to test and/or repair the meter in question.

Where repairs to a meter are found necessary, such repairs shall be made by the District and the cost thereof borne by and billed to the consumer. When, in the opinion of the Water Superintendent, a meter becomes unsuitable for further use, it shall be replaced by another at the District's expense. When repairs are found not to be necessary, and it was inspected at the insistence of the consumer, the consumer shall pay the costs of testing.

No person shall open, interfere with or draw water from any fire hydrant in the District without permission from the District, except that hydrants may be opened by or on the order of any member of the Fire Department or any fire commissioner within the District in case of fire for the purpose of attaching thereto fire hose and equipment. Whenever a hydrant has been opened and used, notification of such fact shall be promptly given to the District. No tools or implements shall be used to open any hydrant except such as are furnished by the District or by a Fire Department operating within the District.

Where water has been turned off by direction of the District, it shall not be again turned on without permission of the District.

Installation of a service connection, unless otherwise permitted by the District, shall conform to the rules and regulations herein provided for permanent service.

Each service shall be provided with a corporation cock, curb cock and box from the street main to a point between the outside sidewalk line and the curbline. The curb cock and box shall be located as designated by the Water Superintendent. The consumer shall be responsible for the installation of the service.

The service pipe and fitting and the meter settings shall be of a make, size and pattern determined by the Town Board.

The District is responsible only for the water connection from the main supply line to the first curb stop. From that point on, the waterline is the responsibility of the consumer.

In all places where steam boilers or hot water tanks are supplied with water from the water system, the owner or consumer shall ensure that a suitable safety valve, vacuum valve, or other proper device is installed to prevent damage from collapse or explosion when water is shut off. The District shall not be liable for any damage resulting from sudden shutting off of the supply of water to any steam boiler or other fixture deriving its supply from the water system.

AA.

The District shall not be liable for any damage or loss of any kind to property or persons that may arise from or be caused by any change, diminution in or increase of the water pressure from any cause whatsoever.

BB.

Pipe sizes.

Service pipes and fittings, corporation cocks, curb cocks, curb boxes, pressure regulators, backflow prevention devices, shut-off valves, meters and meter settings shall conform to such standards and shall be of such make and type as the Town Board shall adopt and shall be of such size as the Water Superintendent deems proper. Service pipes from the street main to the water meter, if less than two inches in diameter, shall be of pure, seamless, service type K copper tubing with brass fittings and valves. Tubing shall be of the following thickness:

Nominal Pipe Size (inches)	Outside Diameter of Tubing (inches)	Gauge (B.W.G.)
3/4	7/8	16
1	1 1/8	16
1 1/4	1 3/8	16
1 1/2	1 5/8	16

Connections above two inches shall be cement-lined ductile iron or copper and must conform to the District's standards of water mains.

§ 190-10 Water for construction purposes.

A person or corporation desiring to use water for construction purposes shall make application therefor to the District, setting forth the location including street address, section, block and lot of the subject property, the name of the owner of said property and the owner's mailing address if different from said property, the name and address of the applicant if different from the owner, the object and purpose of the use of water, the quantity of water estimated to be needed, and such other information as the Water Superintendent shall require. If such application is granted, the supply of water shall be furnished in such manner as the District shall allow. The water rate of such water usage shall be the same as for all other District consumers, with a minimum charge as shall be specified in the Schedule of Charges. A meter shall be furnished by the District for the use, for which the consumer shall be charged a reasonable amount by the District. Where the Water Superintendent shall deem it advisable, an inspector appointed by the Town Board shall be retained to monitor the work at a wage to be fixed by the Town Board and to be paid by the consumer. Where water for such purpose is taken from a hydrant, provision shall be made for protection of the meter and for quick disconnection in case such hydrant is needed to extinguish any fire.

No application for water use for construction purposes shall be granted unless a bond for such amount as the Water Superintendent shall deem sufficient, approved as to sureties and form by the Town Board, shall be delivered by the applicant to the District to indemnify the District for any damage which may be suffered to its water system, gate boxes, meters, valves or fire hydrants by reason of the construction proposed.

All applications for water use for construction purposes shall contain a provision that the applicant agrees to indemnify and save harmless the District and the Towns of Marbletown and Rosendale from damages or injury to person(s) or property as a consequence of the construction work done in installing and connecting water to the subject premises, or by reason of any acts of omission or commission committed by the applicant or persons acting on the applicant's behalf.

The provisions of this section, insofar as they provide for the deposit of money to secure payment of water charges, and insofar as provision is made, pursuant to § 190-14H of this article, for reimbursement of surplus deposit, shall apply to the use of water for the purposes addressed by this section except as provided in section § 190-14H10-8 of this article as pertains to governmental entities.

§ 190-11 Cross-connection control.

Purposes. The purposes of the provisions of this section are:

To protect the public potable water supply of the District from the possibility of contamination or pollution by isolating within consumers' internal distribution systems or consumers' private water system such contaminants or pollutants as could backflow into the public water system; and

To promote the elimination or control of existing cross-connections, actual or potential, between consumers' in-plant potable water systems and nonpotable water systems, plumbing fixtures and industrial piping systems; and

To provide for the maintenance of a continuing program of cross-connection control which will systematically and effectively prevent contamination or pollution of all potable water systems.

Responsibility. The Water Superintendent shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow of contaminants or pollutants through the water system connection. If, in the judgment of the Water Superintendent, an approved backflow prevention assembly is required at the consumer's water service connection for the safety of the water system, the Water Superintendent shall give notice in writing to said consumer to install such approved backflow prevention assembly(ies) at (a) specific location(s) on said consumer's premises. The consumer shall immediately install such approved backflow prevention assembly(ies) at the consumer's own expense. Failure of the consumer to comply with the Water Superintendent's notice shall constitute grounds for discontinuing water service to the premises.

Requirements for cross-connections.

The District shall protect the public water system by containing potential contamination within the premises of the consumer in the following manner:

By requiring installation at the consumer's expense of an approved air gap, reduced-pressure-zone device, double check-valve assembly or equivalent protective device consistent with the degree of hazard posed by any service connection;

By requiring consumers to submit plans for the installation of protective devices to the District and/or to the New York State Department of Health for approval; and

(c)

By ensuring that all protective devices are tested at least annually. Such tests shall be performed at the expense of the consumer. Records of such tests and their results shall be maintained by the consumer and made available to the Water Superintendent. Such tests shall be conducted by certified backflow-prevention device testers in compliance with the following requirements:

[1]

General tester certification will be issued when an applicant for such certification presents proof of satisfactory completion of a training course for testers of backflow-prevention devices which has been approved by the New York State Department of Health.

[2]

Limited tester certification will be issued when an applicant for such certification presents proof of employment by a manufacturer as its agent for the servicing, maintaining and testing of backflow-prevention devices.

[3]

The New York State Department of Health has the authority to require any person applying for certification or renewal of certification as a certified tester of backflow-prevention devices to take a written, oral or practical examination, if it deems such examinations to be reasonably necessary in determining the applicant's qualifications. The results of such examinations may be the sole basis for approval or disapproval of an application for certification or renewal of certification.

[4]

Both a general tester and a limited tester must submit proof that they are still engaged in the activity represented by their current certification at least three months before the expiration date of a current certificate.

[5]

Certification will be suspended or revoked, upon proper notice and an opportunity for a hearing thereon, for any of following reasons: submission of false test reports for backflow-prevention devices; proof that the person is no longer engaged in servicing, maintaining and testing backflow-prevention devices; or failure to apply for recertification.

District consumers shall not establish or maintain a separate source of drinking and domestic water. Existing separate sources of water, that are not connected to the consumer's drinking and domestic water supply, may continue to be utilized for other purposes.

All new consumers of a public water system shall prevent cross-connections between the potable water piping system and any other piping system within the premises.

(4)

Any installation, service, maintenance, testing, repair or modification of a backflow-prevention device shall be performed in accordance with the requirements of the New York State plumbing code. All individuals who perform testing of backflow-prevention devices shall be certified in compliance with the requirements of Subsections C(1)(c)[1] through [5] of this article and corresponding Town Code section.

(5)

An approved backflow-prevention assembly shall also be installed at the consumer's expense on each service line to a consumer's water system at or near the property line or immediately inside the building being served but before the first branch line leading off the service line in all cases where the following conditions exist.

On premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the Water Superintendent, the public water system shall be protected against backflow from the premises by installing an approved backflow-prevention assembly in the service line commensurate with the degree of hazard.

On premises where any industrial fluids or any other objectionable substance is handled in such manner as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing an approved backflow-prevention assembly in the service line commensurate with the degree of hazard. This shall include the handling of process waters and waters originating from the District's system which have been subject to deterioration in quality.

(c)

On premises having either internal cross-connections that cannot be permanently corrected or protected against, or intricate plumbing and piping arrangements, or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water system shall be protected against backflow from the premises by installing an approved backflow-prevention assembly in the service line.

(6)

The type of protective assembly required under Subsections C(5)(a) through (c) shall depend upon the degree of hazard which exists in accordance with the following specifications:

On any premises where there is no auxiliary water supply as described in Subsection C(5)(a) of this section and it is not subject to any of the following rules, the public water system shall be protected by an approved air gap or an approved reduced-pressure principle backflow-prevention assembly.

On any premises where there is water or substance that would be objectionable but not hazardous to health if introduced into the public water system, the public water system shall be protected by an approved double check-valve backflow-prevention assembly.

(c)

On any premises where there is any material dangerous to health that is handled in such manner as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air gap or an approved reduced-pressure principle backflow-prevention assembly. Examples of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants.

(d)

On any premises where there are unprotected cross-connections, either actual or potential, the public water system shall be protected by an approved air gap or an approved reduced-pressure principle backflow-prevention assembly at the service connection.

(e)

On any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross-connections survey, the public water system shall be protected against backflow from the premises by either an approved air gap or an approved reduced-pressure principle backflow-prevention assembly on each service line to the premises.

(7)

All backflow-prevention assemblies shall be approved by the New York State Department of Health and shall comply with PWS-14, Approved Backflow Prevention Assemblies, as described in the New York State Department of Health's Environmental Health Manual, wherein is contained a list of approved backflow-prevention assemblies.

(8)

It shall be the duty of the consumer at any premises where backflow-prevention assemblies are installed to have a field test performed by a certified backflow-prevention assembly tester upon installation and at least once per year. Where the Water Superintendent deems the hazard to be of sufficient magnitude, he or she may require field tests at more frequent intervals. These tests shall be at the expense of the consumer and shall be performed by District personnel or by a certified tester approved by the Water Superintendent and/or the Ulster County Health Department. It shall be the duty of the Water Superintendent to see that these tests are made in a timely manner. The consumer shall notify the Water Superintendent in advance when the tests are to be undertaken so that he or she may witness the field tests if he or she deems it appropriate to do so. Whenever backflow-prevention assemblies are found to be defective, they shall be repaired, overhauled or replaced at the expense of the consumer. Records of such tests, repairs and overhaul shall be kept by the consumer and made available to the Water Superintendent.

(9)

All presently installed backflow-prevention assemblies 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 testing and maintenance requirements contained in this article, be excluded from the requirements of these rules so long as the Water Superintendent finds that they will satisfactorily protect the District's system. Whenever an existing device is moved from its present location or requires more than minimum maintenance or when the Water Superintendent finds that the maintenance constitutes a hazard to health, the unit shall be replaced by an approved backflow-prevention assembly meeting the requirements of this section.

Hazards. The following is a partial list of facilities that are especially likely to have cross-connection hazards.

	Automobile plants
	Auxiliary water systems, such as wells
	Beverage bottling plants
	Breweries
	Buildings heated by boilers where treatment chemicals are used
	Buildings with certain types of air conditioning systems
	Chemical plants and plating facilities
	Film laboratories
	Food procession plants
	Furniture stripping
	Hospitals, medical buildings, sanitariums, morgues and mortuaries
	Irrigation systems
	Laundries and dye works
	Meatpacking plants
	Metal manufacturing
	Printing operations
	Radioactive materials production or research plants
	Restricted, classified or other facilities closed to the public
	Sewage
	Swimming pools

§ 190-12 Enforcement.

Whenever any provision of this article or corresponding Town Code provision is violated, the Town Boards may order the Water Superintendent to shut off the water and remove the meter from the premises where such violation exists. In case of leakage causing wastage of water supply, the Water Superintendent may, at his or her discretion, act before consulting the Town Board.

No water service connection to any premises shall be installed or maintained by the District unless the water supply is protected as required by this article. Water service to any premises shall be discontinued by the District if a backflow-prevention assembly required by this article is not installed, tested and maintained as provided herein, or if it is found that a backflow prevention assembly has been removed or bypassed, or if an unprotected cross-connection exists on the premises. If service has been discontinued pursuant to the provisions of this article, service will not be restored until such conditions or defects are corrected.

The consumer's system shall be open for inspection at all reasonable times to authorized agents of the District to determine whether unprotected cross-connections or other structural or sanitary hazards, or any violation(s) of these regulations, exist. When such a condition becomes known, the Water Superintendent shall deny or immediately discontinue service to the premises by providing for a physical interruption in the service line until the consumer has corrected the condition(s) in conformance with the provisions of this article relating to plumbing and water supplies.

The Water Superintendent shall, under the conditions described hereinbelow, have full authority to:

Enter the premises of any consumer, during reasonable hours, to read the meter or to inspect fixtures, plumbing and manner of using water, but may so enter for these purposes only.

Limit the amount of water furnished to any consumer should circumstances warrant such action, although no limit may be stated in the application or permit for use.