[Adopted 3-1-2004 by L.L. No. 1-2005]
The Town of Chenango has continued to implement
safeguards to protect public water supplies within the Town of Chenango.
The New York State Department of Health has now established rules
and regulations regarding backflow and cross-connections for the purpose
of protecting potable public water supplies from contamination from
these sources. The Town of Chenango has determined that it is in the
best interests of the Town to implement backflow and cross-control
regulations on a local level and hereby acts accordingly.
This article shall be applicable to all property
owners within the Town of Chenango serviced by the Town of Chenango
public water supply system.
As used in this article, the following terms
shall have the meanings indicated:
Any property serviced by the Town of Chenango public water
supply that has substances present, which, when introduced into the
public water supply, would constitute a nuisance in appearance or
smell but would not endanger or have an adverse effect on public health.
Examples of an aesthetic objection would include, but not be limited
to, food-grade dyes, hot water, stagnant water or water with an odor.
Any property serviced by the Town of Chenango public water
supply that has substances present which are capable of being introduced
into the public water supply system through backflow or cross-connection
contamination and which would endanger or have an adverse effect on
the public health and welfare of others using the public water system.
Any facility not deemed a hazardous or aesthetically objectionable
site, as defined for purposes of this article.
A.
The Town of Chenango Water Department shall be responsible
for reviewing potentially hazardous and aesthetically objectionable
sites within the Town of Chenango for purposes of this program. Upon
a determination by the Water Department that a site is a hazardous
site or is an aesthetically objectionable site, the customer and the
owner of the property, if different, shall be notified in writing
by first class mail at the last known address. The notice shall contain
the type of facility, the nature of the problem, the degree of hazard,
the recommended type of containment or method of correction and a
directive that a written intent to comply must be returned to the
Town within 30 days.
B.
A hazardous site or an aesthetically objectionable
site shall be governed by the regulations set forth in the New York
State Sanitary Code, as amended, and the New York State Department
of Health 1981 Cross-Connection Control Manual, and all revisions
and supplements.
C.
The customer or owner must forward the letter of intent
to comply with the recommended type of containment or method of correction
within 30 days of the postmark of the notice from the Town. Such letter
shall also include the engineering firm that will be designing the
means of containment or method of correction and the anticipated date
of installation of any corrective or containment measures.
D.
The customer or owner must submit applications and
plans which comply with New York Code of Rules and Regulations § 5-1.31
and any amendments thereto, in quadruplicate, to the Town of Chenango
within 60 days of the initial written notification from the Town of
Chenango. The plans will be reviewed by the Town of Chenango Water
Department, the Broome County Health Department and the New York State
Department of Health Bureau of Public Water Supply Protection. Any
plans which are disapproved at any level shall be returned to the
customer or owner for correction. Corrected plans must be resubmitted
within 30 days of receipt. Upon final approval, the plans, together
with a letter or certificate of approval, will be forwarded to the
Town of Chenango and to the owner or customer.
Any customer or property owner who seeks to
challenge the Town's determination that a property is an aesthetically
objectionable site or a hazardous site may submit written objections
to the Town of Chenango Water Department within 15 days after receipt
of the initial determination by the Town of Chenango. The Town of
Chenango will then solicit advice from the Broome County Health Department
or the New York State Department of Health. A final determination
by the Town of Chenango will then be mailed to the customer or property
owner, if different.
The customer or property owner shall have the
approved correction or containment device or system installed as prescribed
in the approved plans within 15 days of the mailing of the notice
of approval by the Town of Chenango. The customer or owner must notify
the Town of Chenango Water Department upon completion of the installation
and prior to the initial testing of the device or system. All devices
or systems must be tested by a New York State Department of Health
certified backflow device tester. A copy of the initial test report
of the device or system must be immediately submitted to the Town
of Chenango Water Department using the New York State Department of
Health test forms. Thereafter, the Town of Chenango shall require
all backflow and cross-connection devices or systems to be tested
annually, upon the anniversary month of the original testing; after
any repairs are made to the device or the system; and after every
rebuild of the device, as required under New York Code or Rules and
Regulations § 5-1.31.
The failure of any customer or property owner
to comply with any provisions of this article may result in the immediate
termination of water service by the Town of Chenango. In addition,
violators are subject to a fine of not less than $500 per day, not
to exceed $1,000 per day, for each day that said property remains
in violation of this article.
