[Adopted 12-13-2006 by L.L. No. 6-2006]
It is the intent of the Town Board of the Town of Rosendale to establish
the rules, regulations and a system to set rates governing the High Falls
Water District in order to:
A.
Benefit the health, safety and welfare of the people
of the Town of Rosendale.
B.
Meet mandated requirements in the High Falls Water District
for the portion of the district in the Town of Rosendale;
C.
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;
D.
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;
E.
Clarify the rights and obligations of the High Falls
Water District and Water District consumers;
F.
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.
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 Rosendale
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.
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.
See "backflow preventer."
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.
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.
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."
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).
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.
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.
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).
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.
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.
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.
A connection between a potable water system and a nonpotable 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.
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 Rosendale Town Board pursuant to applicable
laws of New York State.
Either a pollution (non-health) hazard or contamination (health)
hazard based upon evaluation of conditions within a water system.
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.
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.
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.
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.
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.
A device for measuring the volume of water used which only the High
Falls Water District may provide.
See "water, nonpotable."
New York Codes, Rules and Regulations, the official compilation of
codes, rules and regulations of New York State.
See "hazard, plumbing."
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."
See "water, potable."
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 said water district as established by resolution of the Town
Boards of both towns.
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.
See "cross-connection control by containment."
See "hazard, system."
The Town Boards of the Towns of Marbletown and Rosendale, Ulster
County, New York.
The Town Clerk of each Town of Marbletown and Rosendale.
See "water, used."
A water supply that has not been approved for human consumption by
the health agency having jurisdiction.
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.
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."
See § 73-57 of this article.
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.
A.
The water system shall be considered as made up of two
parts: the District system and the consumer system.
B.
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.
C.
The source shall include all components of the facilities
utilized in the production, treatment, storage and delivery of water to the
distribution system.
D.
The distribution system shall include the network of
conduits used for the delivery of water from the source to the consumer's
system.
E.
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.
A.
Application for connection; insurance coverage.
(1)
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 shall 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.
(2)
Insurance coverage.
(a)
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:
(b)
The bonds, insurance and certificates herein required
must be approved by the District's counsel as to form and sufficiency.
B.
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 are occupied or in use.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
For new residential installations:
(1)
A stop valve shall be provided within the building on
the inlet and outlet side of the meter;
(2)
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
(3)
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.
K.
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.
L.
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:
(1)
Provision shall be made to prevent hot water from reaching
the meter.
(2)
No red or white lead or joint compound shall be used
on any joint between the main and the meter.
(3)
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.
M.
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.
N.
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.
O.
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.
P.
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.
Q.
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.
R.
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.
S.
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.
T.
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.
U.
Where water has been turned off by direction of the District,
it shall not be again turned on without permission of the District.
V.
Installation of a service connection, unless otherwise
permitted by the District, shall conform to the rules and regulations herein
provided for permanent service.
W.
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.
X.
The service pipe and fitting and the meter settings shall
be of a make, size and pattern determined by the Town Board.
Y.
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.
Z.
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 and fitting standards.
(1)
Service pipes and fittings, corporation cocks, curb cocks,
curb boxes, pressure regulators, backflow prevention devices, shut-off valves,
meter and meter setting 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
|
(2)
Connections above two inches shall be cement-lined ductile
iron or copper and must conform to the District's standards of water
mains.
A.
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.
B.
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.
C.
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.
D.
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 § 73-63G 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 § 73-63H of this article pertains to governmental entities.
A.
Purposes. The purposes of the provisions of this section
are:
(1)
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
(2)
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
(3)
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.
B.
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.
C.
Requirements for cross-connections.
(1)
The District shall protect the public water system by
containing potential contamination within the premises of the consumer in
the following manner:
(a)
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;
(b)
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.
(2)
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.
(3)
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 Subsection C(1)(c)[1] through above 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:
(a)
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.
(b)
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 (1) internal cross-connections
that cannot be permanently corrected or protected against, or (2) 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 as approved backflow prevention assembly in the service line.
(6)
The type of protective assembly required under Subsection C(5)(a) through (c) shall depend upon the degree of hazard which exists in accordance with the following specifications:
(a)
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.
(b)
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.
D.
Hazards. The following is a partial list of facilities
that are especially likely to have cross-connection hazards:
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Automobile plants
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Auxiliary water systems, such as wells
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Beverage bottling plants
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Breweries
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Buildings heated by boilers where treatment chemicals are used
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Buildings with certain types of air-conditioning systems
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Chemical plants and plating facilities
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Film laboratories
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Food procession plants
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Furniture stripping
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Hospitals, medical buildings, sanitariums, morgues and mortuaries
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Irrigation systems
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Laundries and dye works
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Meatpacking plants
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Metal manufacturing
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Printing operations
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Radioactive materials production or research plants
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Restricted, classified or other facilities closed to the public
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Sewage
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Swimming pools
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A.
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 to 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.
B.
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.
C.
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.
D.
The Water Superintendent shall, under the conditions
described hereinbelow, have full authority to:
(1)
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.
(2)
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.
(3)
Entirely shut off the water supply to any consumer for
uses such as, but not limited to, commercial and industrial uses, car washing,
lawn and garden watering, and the filling of pools, at any time, by giving
reasonable notice of such intended action.
(4)
Shut off the water to any consumer without notice for
as long a period as may be necessary in the case of making or constructing
new work, or in making repairs, or in an emergency.
(5)
Prohibit, after proper notice posted on the Town bulletin
board and published in the Town's official newspaper(s), for conservation
purposes, the use of water for washing cars, lawn and garden watering and
the filling of pools, or other uses enumerated in the notice.
(6)
Reduce the water supply, during periods of emergency,
to consumers outside the District in proportion to the reduction of water
available to the District. Where, in the judgment of the Water Superintendent,
there is a potential of short supply of water for District consumers, the
Water Superintendent may, at his or her sole discretion, curtail, suspend
or terminate the supply of water to consumers outside the District during
the continuation of such emergency period. Such curtailment, suspension or
termination shall apply equally to all consumers outside the District without
special privilege to one over another.
(7)
Shut off the water supply without notice in case of repairs,
construction or installation of extensions, or other necessity, without liability
for damages that may result from the shutting off of the water supply.
The Town Clerk or Water Department Clerk of each Town in the District
shall:
B.
Receive payment for permits, water charges and water
rents and billing for services. Checks or money orders shall be made payable
to the High Falls Water District and delivered to the Town Clerk at the Town
offices. Payment of any fees stipulated for permits for connections, use of
water for construction or the like must be remitted to and a receipt issued
by the Town Clerk before work may proceed.
C.
Report to the Town Board at each monthly business meeting
moneys received by the District. District funds shall be segregated from all
other funds of the Town. Claims and charges against the District shall be
audited and paid in the same manner as other Town charges.
D.
Deposit forthwith in such bank(s) or trust company(ies)
as the Town Board may from time to time designate all money received by the
Town Clerk or Water District on behalf of the District.
A.
Water rates and other charges, including tax on capital
repairs and/or improvements, for water service shall be established by resolution
of the Town Boards of Marbletown and Rosendale after a public hearing in each
town, which shall be held no sooner than 10 calendar days after publication
of notice of such hearing in the official newspaper(s) of the Town on such
charges and tax.
B.
The Schedule of Charges and water rates for the District
shall be on file in the office of the Town Clerk and shall be available to
the public upon request. All special District users shall be subject to a
minimal usage amount plus an annual fee for capital reserve, whether or not
any water is actually used. The water rates and other charges are subject
to change by resolution of the Town Boards from time to time to reflect actual
costs of the operation and capital costs of the District. The Boards shall
review the rates and other changes annually prior to adopting a budget for
the High Falls Water District.
C.
The Schedule of Charges for the District shall be on
file in the office of the Town Clerk and shall be available to the public
upon request.
D.
Before an application for service is approved and the connection made, an applicant for such connection shall pay to the District, pursuant to § 73-62B of this article, and Town Code, the full amount of the service connection charge.
E.
The District may, at its discretion, furnish water to
consumers outside the District, provided that all metered charges to such
consumers shall be at the rate and costs as determined by the District and
permitted by NY DEP.
F.
Bills for water service shall become due and payable quarterly. Payment shall be made to the District at the office of the Town Clerk in each town, in accordance with § 73-62B of this article. Bills shall be due when presented. A penalty pursuant to the Schedule of Charges as defined herein and as cited in Subsection B shall be charged on all bills 30 calendar days overdue. The Town Board may order service discontinued to consumers who are 60 calendar days in arrears. If service is discontinued for arrears in payment, service will not be restored until payment is made of the amount due for water, plus the specified penalty, plus an additional amount as specified in the Schedule of Charges to cover the expense of discontinuance and restoration of service.
G.
Water rates and charges and any penalties for late payment
thereon shall be a lien upon the real property at which the meter is installed.
The Town Clerk shall report any water rents, charges and penalties remaining
unpaid on or about the 10th day of November of each year to the Town's
Assessor, who shall report such delinquencies to Ulster County for the purpose
of levying such amounts as a tax against the property affected.
H.
When water is required for use in connection with building construction, application therefor shall be made to the District. Where the applicant is not the owner of the premises, deposit of such sum as the Water Superintendent shall deem sufficient to pay for water to be used and charges attendant thereon shall be paid in advance by the applicant to the District as provided in § 73-62B of this article and Town Code. Where, after installation and commencement of use of water, in the opinion of the Water Superintendent, more water is used or will be used than is covered by the deposit, the Water Superintendent may then require a further deposit, in default of which he or she may discontinue service when the amount of water charges and other District charges equals the amount of the deposit. After completion of the work, any surplus of the deposit in excess of the amount of the water charges and other expenses attendant thereon shall be refunded to the applicant upon claim duly made therefor to the Town Board. Charges for this purpose shall be the same as provided in the Schedule of Charges for permanent service, except that if a meter is returned to the District in good and serviceable condition, the cost thereof to the applicant shall be refunded by the District.
I.
Deposits to secure payment of charges for water used for construction purposes as required by § 73-59D of this article shall not be required of New York State or any municipal corporation or any district, bureau or department thereof, where the work is being done by such entity's own employees and where the purpose for which the water it used had been duly authorized, in which event bills for water charges shall be rendered only at such times and for such use as the Water Superintendent shall require.
The High Falls Water District shall have five Advisory Commissioners
who shall be appointed by the Town Board, one member from the Marbletown Town
Board, one member from the Rosendale Town Board, two Marbletown customers
who reside in the District, and one Rosendale customer who resides in the
District. The Commissioners shall serve in an advisory capacity to both Town
Boards and be subject to Town Board direction and oversight. The term of the
customer Commissioners shall be three years. The Commissioners shall meet
regularly and provide recommendations for operations, capital cost and extensions
of the High Falls Water District, along with an advisory role in connection
with cooperation and contract with the New York City Department of Environmental
Protection and the New York City Water Board.
In the event applications are made by individuals or entities to expand
and extend the High Falls Water District beyond its current boundaries, they
are subject to approval of the District's Town Boards and also subject
to:
A.
Consent and agreement with the New York City DEP and
Water Board.
B.
All additional charges, if imposed by NYCDEP for exceeding
the volume of water allowed to the District as set by NYCDEP, shall be borne
by the extension.
C.
All construction hook-up and additional charges incurred
by the District shall be borne by the recipient and not by the District.
Each violation of any provision of this article shall constitute a misdemeanor
and shall, upon conviction of such violation, be punishable by a fine not
exceeding $500, or by imprisonment not exceeding 30 days, or by both.
This article and Town Code addition establishing the rules and regulations
governing the High Falls Water District may be amended at any time, subject
to the provisions of New York State Town Law and other applicable legislative
authority of the state of New York, as amended from time to time.
This article of the Town Code shall be known and may be cited as the
"High Falls Water District Regulations."
