[Adopted 10-8-1986 by L.L. No. 3-1986]
The purposes of this article are:
A. 
To protect the public potable water supply of the Town of Rosendale from the possibility of contamination by isolating, within its customer's internal distribution system or its customer's private water system, such contaminations or pollutants which could backflow into the public water supply system; and
B. 
To comply with the requirements of the New York State Sanitary Code § 5-1.31.
The regulations are to be reasonably interpreted. It is the intent of these regulations to recognize that there are varying degrees of hazard and to apply the principle that the degree of protection should be commensurate with the degree of hazard. Where a relationship between the Commission and the individual customer is mentioned, it should be understood that the Commission is acting on behalf of the municipality in which the customer is located.
A. 
For the purpose of this article, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:
AIR GAP SEPARATION
A physical break between a supply pipe and a receiving vessel. The air gap shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel and in no case less than one inch.
APPROVED CHECK VALVE
A check valve that seats readily and completely. It must be carefully machined to have free-moving parts and assured watertightness. The face of the closure element and valve seat must be bronze, composition or other noncorrodible material which will seat tightly under all prevailing conditions of field use. Pins and bushings shall be bronze or other noncorrodible, nonsticking material, machined for easy, dependable operation. The closure element (e.g., clapper) shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable.
APPROVED DOUBLE-CHECK-VALVE ASSEMBLY
An assembly of at least two independently acting approved check valves, including tightly closing shutoff valves on each side of the check-valve assembly and suitable test cocks plus connections available for testing the water tightness of each check valve. This device shall be approved by the New York State Health Department and on their list of approved devices.
APPROVED REDUCED-PRESSURE PRINCIPAL BACKFLOW PREVENTION DEVICE
A device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, two shutoff valves, and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two check valves, 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 case of leakage of either valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. To be approved, these devices must be readily accessible for maintenance and testing and installed in a location where no part of the device will be submerged. This device shall be approved by the New York State Health Department and on their list of approved devices.
APPROVED WATER SUPPLY
Any water supply approved by, or under the public health supervision of, a public health agency of the State of New York, the County of Ulster or the Town of Rosendale Water District. In determining what constitutes an "approved water supply," the Department of Public Health of the State of New York (herein called the "State Health Department") shall have the final judgment as to its safety and potability.
ATMOSPHERIC VACUUM BREAKER
A New York State Health Department approved device which allows atmospheric pressure to enter a line under a back siphonage condition through a gravity operated vent valve.
AUXILIARY WATER SUPPLY
Any water supply on or available to the premises other than the Town water supply.
CONSUMER
Any person to whom water is sold and furnished from the Town of Rosendale Water District.
CONTAMINATION
An impairment of the quality of the district water supply by the presence of any foreign substance (organic, inorganic, radiological or biological) to a degree which creates a hazard to the public health.
COMMISSIONER
The Board of Water Commissioners and designated agent of the Town of Rosendale, or his/her authorized representatives.
COUNTY HEALTH OFFICER
The Ulster County Health Officer, his/her assistants or authorized deputies acting as, or any other person appointed as, Health Officer of the County of Ulster.
CROSS-CONNECTION
Any unprotected connection between any part of the Town Waterworks System used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as safe, wholesome and potable for human consumption.
NONTOXIC SUBSTANCE
Any substance of a nonpoisonous nature that may create a moderate or minor hazard to the water supply system.
PERSON
Any natural person, firm, association, organization, partnership, trust or association or persons, joint venture, corporation or company, and includes the United States, the State of New York, the County of Ulster, any special purpose district and any officer or agent thereof.
PREMISES
Integrated land area, including improvements thereon, undivided by public thoroughfares or water distribution mains of the Town of Rosendale Water District, where all parts of the premises are operated under the same management and for the same purpose.
PROTECTIVE DEVICE
Any of the following devices:
(1) 
Air gap separation.
(2) 
Approved reduced-pressure principal backflow prevention device.
(3) 
Approved double-check-valve assembly.
SERVICE CONNECTION
The terminal end of a service connection from the Town water supply at its point of delivery to the consumer. If a meter is installed, "service connection" means the downstream end of the meter. No unprotected takeoffs from the service line ahead of any meter or backflow protective device located at the point of delivery to the consumer shall be permitted.
TOWN
The Town of Rosendale Water District.
TOWN WATER SUPPLY
An approved water supply sold and delivered to consumers' premises through the Waterworks System of the Town of Rosendale Water District.
TOXIC SUBSTANCE
Any substance (liquid, solid or gaseous), including raw sewage and lethal substances, or any substance suspected of being hazardous to human health that, when introduced into the water supply system, creates or may create a danger to the health and well being of the consumer.
B. 
"Shall" is mandatory; "may" is permissive.
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-connection, 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 Superintendent may order the Town water supply protected by an air gap separation or an approved reduced-pressure principle backflow prevention device 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 reduced-pressure principle flow prevention device installed at the service connection to the premises. When the auxiliary supply may be contaminated, the Superintendent may order the Town water supply protected by an air gap separation installed at the service connection.
B. 
Toxic or hazardous substances. Should a facility be rated hazardous, a reduced-pressure zone device would be required independent of a separate system handling the auxiliary water system. The Town would also require a reduced-pressure zone device if the facility were rated nonhazardous and the auxiliary water system did not meet the water quality requirements of Part 5 of the Sanitary Code.
C. 
Nonhazardous substances. 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 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.
D. 
Nonhazardous to hazardous. In the event that a facility is rated nonhazardous and on such a date becomes hazardous, notification of at least 30 days shall be given to the Superintendent before the change takes place. Protection by the use of a protective device as required on hazardous substances shall be installed.
E. 
Sewage treatment plant 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 the receiving tank shall be entirely visible. If these conditions can not be reasonably met, the Town water supply shall be protected with an approved reduced-pressure principal backflow prevention device, provided that this alternative is acceptable to both the Superintendent and the County Health Officer. A final decision in this matter shall be made by the State Health Department.
F. 
Fire system.
(1) 
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:
(a) 
Class 1.
[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.
[2] 
Protection: double-check-valve assembly if not already installed in the system.
(b) 
Class 2.
[1] 
Same as Class 1, except booster pumps may be installed in the connections from the street mains.
[2] 
Protection: double-check-valve assembly if not already installed in the system.
(c) 
Class 3.
[1] 
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.
[2] 
Protection: double-check-valve assembly.
(d) 
Class 4.
[1] 
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 located within 1,700 feet of the pumper connection.
[2] 
Protection: air gap or reduced-pressure principle backflow prevention device.
(e) 
Class 5.
[1] 
Directly supplied from public mains and interconnected with auxiliary supplies, such as pumps taking suction from reservoirs exposed to contamination or rivers and ponds; driven wells; mills or other industrial water systems; or when antifreeze or other industrial water systems; or where antifreeze or other additives are used.
[2] 
Protection: air gap or reduced-pressure principle backflow prevention device.
(f) 
Class 6.
[1] 
Combined industrial and fire protection systems supplied from the public water mains only, with or without gravity storage or pump suction tanks.
[2] 
Protection: determined by the Superintendent upon review of engineering drawings of the system.
(2) 
Lawn sprinkling systems. At the service connection to any permanently installed lawn sprinkling system, the Town water supply shall be protected by an approved double-check-valve assembly. If the lawn sprinkling system handles liquid fertilizers or other chemicals, the Town water supply shall be protected by an approved reduced-pressure principle backflow prevention device.
(3) 
Residential water supply. All future construction and/or repair to individual residential customers shall be required to have installed a double-check-valve assembly. All laboratory faucets and all ordinary hose bibbs shall be installed with an atmospheric vacuum breaker.
A. 
Consumer responsibility. It shall be the responsibility of each consumer at his/her own expense to furnish, install and keep in good working order and safe condition any and all protective devices required in this article. 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 service 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 article, the consumer shall be required only to install the protective device which, in the opinion of the Superintendent and County Health Officer, affords the maximum protection to the Town water supply.
A. 
The consumer on whose premises any protective device is installed shall have each such device inspected annually. If successive inspections disclose repeated failures in the operation of any device, the Superintendent 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.
B. 
Records of such test, repairs and overhauls shall be kept, and a copy of such records shall be forwarded to the Superintendent on an annual basis.
C. 
The Superintendent shall be the designated public official empowered to decide whether or not said 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 Superintendent shall have the right to inspect the device, and the consumer shall pay the cost thereof.
A. 
No water service connection shall be installed on the premises of any consumer unless the Town water supply is protected as required by this article.
B. 
Delivery of water to the premises of any consumer may be discontinued by the Superintendent if any protective device required by this article has not been installed, inspected, tested and maintained or is defective or has been removed or bypassed.
C. 
Delivery of water shall be discontinued immediately and without notice to the consumer if the Superintendent or County Health Officer determines that the Town water supply is being contaminated or is in immediate danger of contamination; a protective device required by this article has not been installed or is defective or has been removed or bypassed; and the consumer cannot immediately be located. Delivery of water shall not be resumed until any protective device required by this article and approved by the Superintendent 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 Superintendent and County Health Officer.
D. 
Except as provided in Subsection C, delivery of water shall not be discontinued until written notice thereof has been given to the consumer. The notice shall state the conditions or defects which must be corrected; the manner in which the stated conditions or defects are to be corrected; and the date on or after which delivery of water will be discontinued, which shall not be less than 15 nor more than 90 days following the date of delivery of mailing of the notice. The Superintendent may grant the consumer an extension of an additional period not to exceed 90 days if he or she determines the consumer has exercised due diligence but has been unable to comply with the notice within the time originally allowed. The notice shall be given by delivering the 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, or by leaving the notice at either the place of business or the residence of the consumer. If the consumer cannot be found and 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. Once discontinued, delivery of water shall not be resumed until any protection device required by this article and approved by the Superintendent 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 Superintendent and the County Health Officer.
E. 
For the purpose of making any inspections or discharging the duties imposed by this article, the Superintendent 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 Superintendent and County Health Officer for the purposes stated herein.
All presently installed prevention devices 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 inspection and maintenance requirements under § 73-41, be excluded from the requirements of rules so long as the Superintendent 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 article. All future service lines for domestic water use shall be installed with an approved double check valve on the service line downstream of the water meter. Whenever repairs or modifications are made to existing services, a double check valve shall be installed.