City of Albany, NY Article VI Cross-Connection and Backflow Protection

§ 371-70 Purpose.

The purpose of this article is to:

A. Protect the public potable water supply of the City of Albany from the possibility of contamination by isolating within its customers' internal distribution systems or its customers' private water systems such contaminations or pollutants which could backflow into the public water supply system; and

B. Comply with the requirements of the New York State Sanitary Code Section 5-1.31.

§ 371-71 Definitions and word usage.

[Amended 5-1-1989 by L.L. No. 4-1989]

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 (1) 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 of 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 (2) 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 watertightness of each valve.

APPROVED REDUCED-PRESSURE-PRINCIPLE BACKFLOW PREVENTION DEVICE (RPZ)

A device incorporating two (2) or more check valves and an automatically operated differential relief valve located between the two (2) checks, two (2) shutoff valves and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two (2) 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 check valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. When the inlet pressure is two (2) pounds per square inch or less, the relief valve shall open to the atmosphere, thereby providing an air gap in the device. 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.

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 Albany or the City of Albany. In determining what constitutes an "approved water supply," the Department of Public Health of the State of New York (herein called "State Health Department") shall have the final judgment as to its safety and potability.

AUXILIARY WATER SUPPLY

Any water supply on or available to the premises other than the City water supply.

BACKFLOW

A flow condition induced by a differential in pressure that causes the flow of water or other liquids and/or gases into the distribution pipes of a public water supply from any source other than its intended source.

CITY

The City of Albany.

CITY WATER SUPPLY

An approved water supply sold and delivered to consumers' premises through the waterworks system of the City of Albany.

COMMISSIONER

The Commissioner of Water of the City of Albany, or his authorized representatives.

CONSUMER

Any person to whom water is sold and furnished from the City of Albany.

CONTAMINATION

An impairment of the quality of the City 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.

COUNTY HEALTH OFFICER

The Albany County Health Officer, his assistants or authorized deputies acting as, or any other person appointed as, Health Officer of the County of Albany.

CROSS-CONNECTION

Any unprotected connection between any part of the City 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 of persons, joint venture, corporation or company, and includes the United States, the State of New York, the County of Albany, 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 City of Albany and 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-principle backflow prevention device.

(3) Approved double check-valve assembly.

(4) Approved single check-valve assembly.

SERVICE CONNECTION

The terminal end of a service connection from the City 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.

TOXIC SUBSTANCE

Any substance (liquid, solid or gaseous), including raw sewage and lethal substances, that when introduced into the water supply system creates or may create a danger to the health and well-being of the consumer.

WATER BOARD

The Albany Water Board.

B. "Shall" is mandatory; "may" is permissive.

§ 371-72 General policy.

[Added 5-1-1989 by L.L. No. 4-1989]

The Waterworks may at any reasonable time inspect any facility in order to determine if a hazard exists due to an actual or potential cross-connection between the water system and any potential source of contamination. In any case where the Commissioner deems such hazard to exist, he may require the property owner to install an approved backflow prevention device in every water service line to the facility for which a potential hazard exists. Such devices shall be installed at or as near the service connection as may be required by the Commissioner. Such backflow preventers shall be designed and installed in accordance with all regulations of Part 5, Section 1.31, of the New York State Sanitary Code, and must be approved by the Commissioner and the New York State Health Department prior to installation. All costs of installation and maintenance shall be borne by the property owner.

§ 371-73 Types and methods of protection.

[Amended 5-1-1989 by L.L. No. 4-1989]

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

A. Auxiliary water supply. Each service connection from the City water supply for furnishing water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the City water supply.

(1) If the auxiliary water supply is handled in a separate piping system with no known cross-connection, the City 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 Commissioner may order the City water supply protected by an air-gap separation or an approved RPZ 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 City water supply and the auxiliary water supply which cannot presently be eliminated, the City water supply shall be protected by an approved RPZ installed at the service connection to the premises. When the auxiliary water supply may be contaminated, the Commissioner may order the City water supply protected by an air-gap separation installed at the service connection.

B. Toxic or hazardous substances under pressure. At the service connection to any premises on which any material dangerous to health or toxic substance in toxic concentration is or may be handled under pressure, the City water supply shall be protected by an air-gap separation. The air-gap shall be located as close as practicable to the water meter, and all piping between the water meter and receiving tank shall be entirely visible. If these conditions cannot reasonably be met, the City water supply shall be protected with an approved RPZ which is acceptable to both the Commissioner and the County Health Officer.

C. Toxic or hazardous substances not under pressure. At the service connection to any premises on which any material dangerous to health or toxic substance in toxic concentration is not handled under pressure but is otherwise handled in such a manner as to constitute a cross-connection, the City water supply shall be protected by an approved RPZ unless such cross-connection is abated to the satisfaction of the Commissioner and approved by the County Health Officer.

D. 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 City water supply is handled in such a manner as to constitute a cross-connection, the City water supply shall be protected by an approved check-valve assembly.

E. Sewage treatment plants and pumping stations. At the service connection to any sewage treatment plant or sewage pumping station, the City 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 receiving tank shall be entirely visible. If these conditions cannot be reasonably met, the City water supply shall be protected with an approved RPZ, provided that this alternative is acceptable to both the Commissioner and the County Health Officer. A final decision in this matter shall be made by the State Health Department.

F. Fire systems. At the service connection to any premises in which a fire-protection system is installed, the City water supply shall be protected based on the water source and arrangement of supplies in accordance with the following classifications:

(1) Class 1:

(a) 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.

(b) Protection: check valve required by the National Fire Code.

(2) Class 2:

(a) Same as Class 1, except booster pumps may be installed in the connections from the street mains.

(b) Protection: the same as Class 1.

(3) Class 3:

(a) Direct connection from public water supply main, plus one (1) or more of the following: elevated storage tanks; fire pumps taking suction from aboveground covered reservoirs or tanks; and pressure tanks.

(b) Protection: double check-valve assembly.

(4) Class 4:

(a) 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 may be located within one thousand seven hundred (1,700) feet of the pumper connection.

(b) Protection: air gap or RPZ.

(5) Class 5:

(a) 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 where antifreeze or other additives are used.

(b) Protection: air gap or RPZ.

(6) Class 6:

(a) Combined industrial and fire-protection systems supplied from the public water mains only, with or without gravity storage or pump suction tanks.

(b) Protection: determined by the Commissioner upon review of engineering drawings of the system.

G. Pier and dock hydrant. At the service connection to any pier or dock hydrant used for supplying vessels at piers or waterfronts, the City water supply shall be protected by an approved reduced-pressure-principle backflow prevention device.

H. Lawn sprinkling systems. At the service connection to any permanently installed below-grade lawn sprinkling system, the City water supply shall be protected by an approved RPZ.

I. Others. Examples of other facilities requiring cross-connection control include, but are not limited to:

(1) Beverage bottling plants.

(2) Breweries.

(3) Food processing plants.

(4) Chemical plants and planting facilities.

(5) Film laboratories.

(6) Hospitals, medical buildings, sanitariums, morgues and mortuaries.

(7) Irrigation systems.

(8) Laundries and dye works.

(9) Meat packing plants.

(10) Metal manufacturing, cleaning and fabricating plants.

(11) Radioactive materials production or research plants.

(12) Restricted, classified or other facilities closed to inspection.

(13) Sewage and storm drain facilities.

(14) Buildings heated by boilers where treatment chemicals are used.

(15) Buildings with certain types of air-conditioning systems.

(16) Swimming pools.

(17) Printing operations.

(18) Furniture stripping.

§ 371-74 Responsibilities.

A. Consumer responsibility. It shall be the responsibility of each consumer at his own expense to furnish, install and keep in good working order and safe condition any and all protective devices required in this article. The City 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 interference with, any protective device by any consumer or any other person.

B. Conflicts. Whenever two (2) 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 Commissioner and County Health Officer, affords the maximum protection to the City water supply.

§ 371-75 Inspections and repairs.

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 Commissioner 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. Records of such tests, repairs and overhauls shall be kept and a copy of such records forwarded to the Commissioner on an annual basis. The Commissioner shall have the duty of determining that the 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 Commissioner shall have the right to inspect the device, and the consumer shall pay the cost thereof. The cost of any inspection made by the Commissioner shall be included as a part of the next ensuing municipal water bill presented to the consumer.

§ 371-76 Procedure upon noncompliance.

[Amended 5-1-1989 by L.L. No. 4-1989]

A. Delivery of water shall be discontinued immediately and without notice to the consumer if the Commissioner or County Health Officer determines that the City water supply is being contaminated or is in immediate danger of contamination. Delivery of water shall not be resumed until any protective device required by this article and approved by the Commissioner has been properly installed or until conditions on the consumer's premises causing the contamination or danger of contamination have been abated or corrected to the satisfaction of the Commissioner and County Health Officer.

B. No water service connection shall be installed on the premises of any consumer unless the City water supply is protected as required by this article.

C. Delivery of water to the premises of any consumer may be discontinued or a fine may be imposed on the consumer if the Commissioner or County Health Officer determines that:

(1) A protective device required by this article has not been installed or is defective or has been removed or bypassed.

(2) The consumer cannot immediately be located.

(3) Records of inspection are not submitted in a timely manner.

D. Delivery of water shall not be discontinued or a fine imposed until written notice thereof has been given to the consumer.

(1) The notice shall state:

(a) The conditions or defects which must be corrected;

(b) The manner in which the stated conditions or defects are to be corrected; and

(c) The date on or after which delivery of water shall be discontinued or a fine imposed and which shall not be less than fifteen (15) nor more than ninety (90) days following the date of delivery of mailing of the notice. The Commissioner shall grant the consumer an extension of an additional period not to exceed ninety (90) days if he determines the consumer has exercised due diligence but has been unable to comply with the notice within the time originally allowed.

(2) 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, the residence of the consumer. If the consumer cannot be found, 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 City.

E. Once discontinued, delivery of water shall not be resumed until any protection device required by this article and approved by the Commissioner 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 Commissioner and the County Health Officer.

F. If a fine has been imposed, it shall be in the amount of one hundred dollars ($100.) per day, and it shall accumulate daily until any protection device required by this article and approved by the Commissioner 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 Commissioner and the County Health Officer.

G. For the purpose of making any inspections or discharging the duties imposed by this article, the Commissioner and the 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 City water supply, shall be considered as having stated his consent to the entry upon his premises of the Commissioner and the County Health Officer for the purposes stated herein.

§ 371-77 Existing devices.

All presently installed prevention devices which do not meet the requirements of this article 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 § 371-75, be excluded from the requirements of these rules so long as the Commissioner is assured that they will satisfactorily protect the City'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.

§ 371-78 Restrictive covenant agreements.

[Added 5-1-1989 by L.L. No. 5-1989]

The Water Board is authorized to enter into restrictive covenant agreements with various commercial, industrial and residential facilities regarding the installation of backflow prevention devices on their real property. These agreements shall allow backflow prevention devices to be installed in the main building with a meter at the property line as long as there are no taps between the meter and the main building, while requiring that if a tap is installed between the meter and the main building, then backflow prevention devices must be removed to the property line. These agreements shall be binding on all successors to the property and may be dischargeable by the Water Board whenever such backflow prevention devices are no longer required by law or ordinance for said property. The agreements shall contain such additional terms and conditions as the Water Board deems to be appropriate.

§ 371-79 When effective.

This article shall be in full force and effect thirty (30) days after its adoption.

§ 371-80 Severability.

If any section, subsection, sentence, clause or phrase of this article is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this article. The Common Council of the City of Albany declares that it would have passed this article and every section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases, be declared unconstitutional.

§ 371-81 Posting.

The City Clerk is hereby authorized and directed to cause copies of this article to be posted in three (3) prominent places in the City and to cause publication once in the official newspaper of the City of a notice setting forth the date of adoption, the title of this article and a list of places where copies of this article are posted within fifteen (15) days after the adoption of this article.