[HISTORY: Adopted by the Board of Trustees of the Village of Angola as indicated in article histories. Amendments noted where applicable.]
Construction codes — See Ch. 78.
Excavations — See Ch. 91.
Housing standards — See Ch. 127.
Parking and drainage — See Ch. 158.
Property maintenance — See Ch. 168.
Public works standards — See Ch. 171.
Streets and public places — See Ch. 193.
Subdivision of land — See Ch. 198.
Swimming pools — See Ch. 203.
Zoning — See Ch. 245.
[Adopted 12-11-2017 by L.L. No. 5-2017]
Editor's Note: This local law also provided for the repeal of former Art. I, Water Service and Rents, adopted 3-9-2009 by L.L. No. 2-2009, as amended.
The purpose of this article is to promote and protect the public health, welfare and safety, by regulating the use of the public water system of the Village of Angola by residents of the Village and by residents located outside the Village of Angola.
This article shall hereafter be known and cited as the "Water Distribution System."
This article is adopted under the authority of Article II of the Village Law of the State of New York.
This article repeals and replaces Chapter 240 of the Code of the Village of Angola.
This article establishes the rules and regulations for the use of the public water system of the Village of Angola. Said water system consists of any and all water treatment facilities and connecting water lines operated and maintained by the Village of Angola. This article further applies to any water lines located on private property, connecting individual units to the public water system of the Village of Angola.
For application of this article, the following definitions will prevail:
- Includes any structure or enclosure to which water is supplied, whether attached to realty or not, whether the same be occupied or vacant, and shall include boats and vessels.
- The legal owner of premises supplied with water.
- Includes all places to which water is supplied, whether the same be occupied or vacant.
- A tenant, lessee, occupant, undertenant, receiver or assignee of premises supplied with water, and also includes a consumer of water irrespective of his legal status with respect to the realty.
- WATER DEPARTMENT
- Refers to the person or persons in charge of or responsible for the furnishing of water by the municipality, or any person designated to act on their behalf.
All applications for the introduction of supply of water to any premises, and for replacement and modifications of existing installations, or for the extension of any pipe or line for the conveyance of water, must be made in writing to the Village, upon such forms as shall be approved and provided by the Village, by the owner or user of the premises supplied. If the applicant is not the owner of the premises, the written consent of the owner must accompany the application.
A fee as established by the Village Board shall be paid upon the filing of each application for each specific service line.
The Village reserves the right to refuse any application if, in its judgment, it shall be for the best interest of the Village.
No permit shall be granted for the installation, replacement, extension or modification of water supply without Water Department approval. No water service will be turned on until fees for tapping mains, connection for service, deposits and all other authorized charges have been paid.
No private service line from a municipal water main shall be installed, altered, or replaced until a permit shall have been obtained. Immediately after the service connection is completed by the Water Department, the applicant shall complete the following steps:
Disconnect all auxiliary water sources, including wells. (A connection to an auxiliary water source is allowed only if a backflow preventer is installed in accordance with an approved application for approval of backflow prevention devices.)
For services with backflow presenters, the applicant shall complete the following steps within 45 days of the service connection:
No opening shall be made in any municipal street except in full compliance with all municipal laws, rules and regulations and the payment of the fees and the posting of the bond therein specified.
All connections or taps of water mains shall be made by the Water Department, after receipt by the Water Department of proof that a permit has been obtained, and the required fee paid at least 24 hours in advance of the time it is requested such connection or taps be made. Such connections and taps will be made at the convenience of the Water Department. For taps 1 1/2 inches or larger, a cost estimate will be prepared by the Village Water Department with appropriate charges assessed to the builder/developer.
All private service lines shall hereafter be installed, maintained, and replaced with approved materials laid out as approved by the Water Department. Service lines 3/4 inch through two inches in diameter shall be of Type K soft copper tubing. Service lines four inches in diameter and larger shall be Class 52 ductile iron pipe. The Water Department will not make any connections to plastic pipe. All lines must meet specifications of the Water Department. The sizing of the service line is the responsibility of the customer.
The Water Department shall designate the point at which the water main is to be tapped. The Village shall make the necessary excavations for all taps, the cost of which shall be paid by the owner or applicant.
No new tap shall be made to a water main to connect with a service line which is intended to replace an existing service line, unless the existing service line is properly disconnected at its tap to the main. The expense of such disconnection shall be borne by the owner or applicant.
There shall be a separate and distinct tap for the service of each building (other than an accessory building) or separate premises supplied with water, and no service line shall be connected to any building or premises other than herein provided.
The sharing of service is prohibited. Where there are separate and distinct establishments and/or apartments, stores or other places of business contained within one building, separate and distinct taps shall be provided for each store or place of business. No in-house or private water system shall in any way be interconnected or be capable of being interconnected with the Village water system. Interconnection of a private water system with the Village water system, or installation of a device or means for so interconnecting, shall immediately revoke the owners or applicant's permit, and water service to such owner or applicant may be discontinued without notice.
All outside service lines, building and service pipes, outlets, and fixtures shall be maintained in good order and repair, protected from frost, leaks and breaks, and must be promptly repaired if not in good order to prevent waste of water. If an owner or applicant fails to observe these requirements, after due notice, the Water Department may discontinue the water supply to such owner or applicant and assess the cost thereof against the real property affected.
Whenever a water service pipe becomes frozen between the main and the building service, the Water Department shall be authorized to shut off or disconnect service, and such services shall not be resumed until the water service line is thawed by the owner or applicant and an inspection has been made determining that the service line has not been damaged by reason of such freezing. The cost of disconnecting or discontinuing the water service and the inspection and reconnection shall be borne by the owner or applicant.
Owners will install, or have installed at their expense, a curb valve shutoff, as specified by the General Crew Chief, beyond the Village's curb valve.
Water meters and outside readers of a type approved by the Village Board, on recommendation of the Water Department, shall be installed in all buildings [except where the distance from the right-of-way to the front wall of the building exceeds 150 feet, the meter shall be located in a tile setting, meter pit or back flow prevented enclosure (such as a hotbox), as applicable, on the applicant's property near the right-of-way] and for all users to which water is supplied. Each owner of real property shall pay cost of the initial installment of water meters and/or outside readers including labor as such costs of meters/outside readers and labor are from time to time set by resolution. Residential buildings having one meter containing not less than two but no more than six users shall not require a meter for each user provided infrastructure fees and minimum bills are paid for each nonmetered user. In addition, gallons charged for metered usage over the total of the minimum billed gallon allowance shall be paid at an appropriate water rate. All charges shall be billed to a user having a metered account as directed by the owner. The owner shall be responsible for all charges.
[Amended 7-8-2019 by L.L. No. 5-2019]
Water meters and outside water readers shall be purchased by the Village for the exclusive use of the Water Department, to be installed by or under the direction of the Water Department. Water meters or outside readers installed other than by the Water Department must be installed by a person, firm or corporation approved in its sole discretion by the Water Department.
Title to any water meter and/or outside reader shall remain in the Village of Angola; and the installation by the Village of Angola or the Water Department, or by a person, firm or corporation approved by the Water Department, of a water meter on any private property shall not affect ownership of the water meter and/or outside reader by the Village of Angola. Each owner of real property, or person having an interest in real property, shall be deemed to have consented to the retention of ownership of the water meter in the Village of Angola by requesting, allowing or permitting water service to be installed to that property, or allowing the property to be occupied by someone with apparent authority to request, permit or allow installation of a water service to that property, and such meter shall never be considered a fixture attached to the real property.
Upon change of ownership of property not serviced by an outside reader, an outside reader/meter shall be installed and the cost of the new outside reader shall be a charge on the property. Such charge shall be set forth in any Village tax certificate prepared by the Village Clerk-Treasurer.
Owners are solely responsible for the maintenance and repair of pipes, fixtures and apparatus beyond:
Installation of meters shall be pursuant to regulations of the Water Department. No person other than an employee of the Water Department shall interfere with or remove any water meter, sealing device or coupling from any meter installation after it has been placed in service by the Water Department. Costs associated with any meter and/or outside reader damaged due to the negligence of the owner, tenant or applicant, resulting in repair or replacement of the meter and/or outside reader, shall be charged to the owner/applicant of said property. Any willful acts by the owner or applicant resulting in injuries to a water meter and/or outside reader or any acts designed to interfere with the proper operation of a water meter shall be cause for a discontinuance of water service, and the cost of such discontinuance shall be assessed to the owner and charged to the real property.
The submetering or sale of water by water consumers to others is strictly prohibited and shall be cause for the Village to discontinue service and charge the cost of such discontinuance to the owner, and such costs shall be a charge against the real property.
Theft of water. No person, user or owner shall tamper with a water meter or install lines, hoses, pipes or connections routing water around a water meter, or attempt in any manner to prevent the meter or device from performing its measuring function, without the consent of the Village. Theft of water shall be a misdemeanor, punishable by a definite sentence of imprisonment not to exceed one year and/or a fine not to exceed $1,000.
Notwithstanding the foregoing, theft of water may be prosecuted pursuant to § 165.15 of the Penal Law of the State of New York, entitled "Theft of services." All rules contained thereunder shall be a part of this article.
Water rates shall be fixed and established by the Village Board of Trustees by resolution for consumers within the Village and for consumers outside the Village, as determined by the Village; except that if no action is taken by the Village, the most recently adopted schedule shall continue in effect. Water rates shall be established pursuant to §§ 11-1118 and 11-1120 of the Village Law of the State of New York.
All water rates shall be charged on the basis of the amount registered on the meters installed, as herein provided, or a minimum charge, or on any combination of these methods as established and fixed by the Village.
The minimum service charge rate shall be payable even though no water is consumed.
Water supplied to consumers outside the boundaries of the Village shall be on such terms and such conditions as may be fixed by the Village Board. The Village Board may require that there be deposited with the Village a sum equivalent to the estimated cost of water to be supplied to an applicant for each ensuing six-month period and that such deposit be held as security for collection of the water rent.
Any water supplied to consumers outside the Village limits shall be furnished only upon an agreement that the Village assumes no obligation to maintain any facility not owned by the Village.
All water supply contracts for outside users may be reviewed yearly for updating and approval.
The minimum service charge and/or water rates payable by consumers outside the Village may be at a greater rate than the current water rates payable by consumers within the Village, and such outside water rates shall be established by the Village Board.
Consumers to whom water is supplied outside the boundaries of the Village shall be subject to disconnection of such service as provided in the rules and regulations for any and all consumers.
Nothing contained in this section shall be construed to relieve consumers of water outside the Village boundaries from any liabilities or obligations, imposed by law or ordinance, upon resident users of water.
Nothing contained in this section shall be construed to give any person or persons any right or rights to water from the Village, and the granting of each such temporary permit shall be by the Village Board.
The water rent charge shall be billed in the following manner: on a bimonthly basis or at another interval determined by resolution of the Village Board.
Owners are solely responsible for water delivered beyond the meter. In addition, owners are responsible for water losses resulting from lines, fixtures and apparatus which are the owner's responsibility to repair and maintain. Owners who are serviced by common service lines from a Village master meter or serviced by common service lines connected directly to a Village main shall be jointly and severely liable for water losses resulting from those common lines and/or common apparatus. As an accommodation, the Village shall equally divide such losses among the owners being serviced and shall be shown as a charge on individual bills. Such accommodation does not relieve each individual owner from his/her obligation to pay for such losses in full.
Each separate user for which water is furnished, used or supplied in any and all categories will be considered a separate water service and be billed in accordance with this chapter together with an infrastructure fee for maintenance of the water system.
[Amended 7-8-2019 by L.L. No. 5-2019]
Water rents, shutoff procedures, charges for meters and outside readers, labor charges, shutoff charges, infrastructure fees, tax return fees, and penalties shall be determined by the Village Board from time to time by resolution.
[Amended 7-8-2019 by L.L. No. 5-2019]
As an accommodation to owners, at owner's request, bills may be directed to users; however, in no event shall the owner be relieved of the responsibility for payment of all outstanding charges.
Any bill for water supplied will be considered a proper charge unless protest is made, in writing, to the Village Board within 15 days of receipt of the bill.
To promote water conservation, allowances may be granted in the Village Board's sole discretion for apparently excessive bills upon finding:
The excessive bill was due to leaking pipes, fixtures or apparatus beyond the meter and not as a result of wastefulness or negligence of the owner or user.
The user and owner are not delinquent in payments and have a good payment record.
Any leak was recognized in a reasonable time and repaired in a prompt manner.
The leaks and repairs were reported to the Village in a prompt manner.
The amount of any allowances shall be in the sole discretion of the Village Board but in no event shall exceed the Village's cost for the water lost.
If the water rent is not paid prior to the first day of the next succeeding month in which the charge was due, a penalty of 10% of the charge shall be added thereto. If the water bill, including penalty, is unpaid on the 10th day of the second month after payment is due, water to such property shall be shut off, and an additional charge of $50 shall be imposed and designated a shutoff charge. Water service will only be restored after the entire bill, including all penalties and charges, shall be paid in full.
Notwithstanding the foregoing, collection of delinquent water rents may be enforced pursuant to Village Law § 11-1118, as enacted and amended now and hereinafter. All attorney's fees and costs incurred by the Village of Angola in collecting any delinquent water rent more than 45 days past due shall be charged against, and added to, the amount of the unpaid bill and shall be a part of any lien therefor.
Notwithstanding the foregoing, delinquent water rents and penalties remaining unpaid on April 1 of each year shall become a lien and be added to the Village real estate tax levied against the property, as provided in Village Law § 11-1118.
The Village Board of the Village of Angola is hereby authorized to enforce this article in all respects, including the full power to collect rents, and its decision shall be final and binding.
Unless in actual use, all hydrants, taps, fixtures or other outlets must be securely shut off. Any unnecessary waste of water is strictly prohibited.
If the Village Board at any time determines that an emergency exists threatening a shortage of water supply, the Board may prescribe emergency rules for further regulation and restriction of the use of the water supply, and such rules shall have the force and effect of a rule or regulation duly adopted.
The General Crew Chief and other duly authorized employees of the Village, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The General Crew Chief or his representatives shall have no authority to inquire into any process, including metallurgical, chemical, oil, refining, ceramic, paper, or other industries, beyond that point having a direct bearing on the water system of the Village of Angola.
The General Crew Chief and other duly authorized employees of the Village, bearing proper credentials and identification, shall be permitted to enter all private properties through which the Village holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the waterworks lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
No person, firm, hospital, association, corporation, whether public or private, partnership, or any agent, employee, builder, plumber or contractor therefor, or any of their agents, employees, or subcontractors, shall in any way violate or assist, solicit, request, command or aid in any violation of any of the provisions of this article. A violation shall include but is not limited to the refusal, neglect or omission to do any act or obtain any permit required by any of the provisions of this article. All owners of each parcel of realty and all users of the system where a violation occurs shall each be fully responsible for each said violation under this article in addition to the actual violators thereof. In addition, a person is liable for conduct constituting a violation of this article which he performs or causes to be performed in the name of or on behalf of a corporation to the same extent as if such conduct were performed in his own name or behalf.
An action or proceeding may be maintained in the name of the Village of Angola in any court of competent jurisdiction to compel compliance with, or to restrain by injunction, the violation of any portion, section or any part of any section of this article.
Nothing herein shall limit the authority or right of the Village Board of Trustees to disconnect the premises affected from the Village water supply system as provided in this article.
In addition to any and all remedies, penalties, charges and interest set forth herein, a violation of any of the provisions of this article shall be a criminal violation; and, upon conviction thereof, each such violation shall be punished by a fine not to exceed $250 or by imprisonment of not more than 15 days, or by both such fine and imprisonment.
In addition, all violators may be proceeded against by the Village or by the General Crew Chief, or by the owner of any property in the Village affected by such violation, by appropriate action or by proceeding in equity or otherwise to prevent, enjoin, remove, and/or discontinue any violation or potential violation of this article and/or to recover a money judgment.
The Village shall be entitled to recover from any person found in violation, and from the owner of the property on which the violation has occurred, all attorney's fees, General Crew Chief fees, and other costs to the Village of ascertaining and remedying violations of this article and enforcing the rights of the Village and penalties hereunder.
The imposition of all penalties for any violation of this article shall not excuse the violation thereof or permit it to continue. The application of all penalties hereinabove and herein provided shall not prevent the enforced removal and termination of conditions, acts, and omissions prohibited by this article, the enforced adherence thereto, or the taking of such other action as may be authorized by this article or any other law.
The remedies under this article may be used singly, concurrently and sequentially in any combination, and the use of one remedy shall not exclude the exercise of any other remedy hereunder.
Each day that a violation under this article shall be allowed to exist shall be deemed a separate violation.
[Adopted 12-11-2017 by L.L. No. 5-2017]
Editor's Note: This local law also repealed former Article II, Control of Backflow and Cross-Connections, adopted 9-8-2008 by L.L. No. 3-2008.
The purpose of this article is:
To protect the public potable water supply of the Village of Angola from the possibility of contamination or pollution by isolating within the customer's internal distribution system(s) or the customer's private water system(s) such contaminants or pollutants that could backflow into the public water system; and
To promote the elimination or control of existing cross-connections, actual or potential, between the customer's in-plant potable water system(s) and nonpotable water systems, plumbing fixtures, and industrial piping systems; and
To provide for the maintenance of a continuing program of cross-connection control that will systematically and effectively prevent the contamination or pollution of all potable water systems.
The General Crew Chief of the Village of Angola 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 service connection. If, in the judgment of said General Crew Chief, an approved backflow-prevention assembly is required (at the customer's water service connection or within the customer's private water system) for the safety of the water system, the General Crew Chief or his/her designated agent shall give notice, in writing, to said customer to install such an approved backflow-prevention assembly(s) at specific location(s) on his/her premises. The customer shall immediately install such approved assembly(s) at his/her own expense; and failure, refusal, or inability on the part of the customer to install, have tested, and maintain said assembly(s) shall constitute grounds for discontinuing water service to the premises until such requirements have been satisfactorily met.
As used in this article, the following terms shall have the meanings indicated:
- Accepted by the authority responsible as meeting an applicable specification stated or cited in this article or as suitable for the proposed use.
- AUXILIARY WATER SUPPLY
- Any water supply on or available to the premises other than the purveyor's approved public water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural source(s), such as a well, spring, river, stream, harbor, and so forth; 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 water purveyor does not have sanitary control.
- The undesirable reversal of flow in a potable water distribution system as a result of a cross-connection.
- A pressure, higher than the supply pressure, caused by a pump, elevated tank, boiler, or any other means that may cause backflow.
- Backflow caused by negative or reduced pressure in the supply piping.
- An impairment of a potable water supply by the introduction or admission of any foreign substance that degrades the quality and creates a health hazard.
- A connection or potential connection between any part of a potable water system and any other environment containing other substances in a manner that under any circumstances would allow such substances to enter the potable water system. Other substances may be gases, liquids, or solids, such as chemicals, waste products, steam, water from other sources (potable or nonpotable), or any matter that may change the color or add odor to the water.
- CROSS-CONNECTION CONTROL BY CONTAINMENT
- The installation of an approved backflow-prevention assembly at the water service connection to any customer's premises, where it is physically and economically unfeasible to find and permanently eliminate or control all actual or potential cross-connections within the customer's water system; or it shall mean the installation of an approved backflow-prevention assembly on the service line leading to and supplying a portion of a customer's water system where there are actual or potential cross-connections that cannot be effectively eliminated or controlled at the point of the cross-connection.
- CROSS-CONNECTION, CONTROLLED
- 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 the protection commensurate with the degree of hazard.
- GENERAL CREW CHIEF
- The General Crew Chief of the Village Department of Public Works in charge of the Water Department of the Village of Angola is invested with the authority and responsibility for the implementation of an effective cross-connection control program and for the enforcement of the provisions of this article.
- HAZARD, DEGREE OF
- The term is derived from an evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.
- INDUSTRIAL-FLUIDS SYSTEM
- Any system containing a fluid or solution that may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration such as 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 waters; all types of process waters and used waters originating from the public potable water system that may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalies; circulating cooling waters connected to an open cooling-tower; and/or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters, such as wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, and so forth; oils, gases, glycerin, paraffins, caustic and acid solutions, and other liquid and gaseous fluids used in industrial or other purposes for fire-fighting purposes.
- The presence of any foreign substance in water that tends to degrade its quality so as to constitute a nonhealth hazard or impair the usefulness of the water.
- SERVICE CONNECTION
- The terminal end of a service connection from the public potable water system, that is, where the water purveyor loses jurisdiction and sanitary control over the water at its point of delivery to the customer's water system. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter. There should be no unprotected takeoffs from the service line ahead of any meter or backflow-prevention assembly located at the point of delivery to the customer's water system. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system.
- WATER, NONPOTABLE
- Water that is not safe for human consumption or that is of questionable quality.
- WATER, POTABLE
- Water that is safe for human consumption as described by the public health authority having jurisdiction.
- WATER, USED
- Any water supplied by a water purveyor from a public potable water system to a consumer's water system after it has passed through the point of delivery and is no longer under the sanitary control of the water purveyor.
The water system shall be considered as made up of two parts: the utility system and the customer system.
The utility 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 utility, up to the point where the customer's system begins.
The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the distribution system.
The distribution system shall include the network of conduits used for the delivery of water from the source to the customer's system.
The customer's system shall include those parts of the facilities beyond the termination of the utility distribution system that are utilized in conveying utility-delivered domestic water to points of use.
No water service connection to any premises shall be installed or maintained by the water purveyor unless the water supply is protected as required by state laws and regulations and this article. Service of water to any premises shall be discontinued by the water purveyor if a backflow-prevention assembly required by this article is not installed, tested, and maintained, or if it is found that a backflow-prevention assembly has been removed, bypassed, or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected.
The customer's system should be open for inspection at all reasonable times to authorized representatives of the Village of Angola Water Department to determine whether cross-connections or other structural or sanitary hazards, including violations of these regulations, exist. When such a condition becomes known, the General Crew Chief shall deny or immediately discontinue service to the premises by providing for a physical break in the service line until the customer has corrected the condition(s) in conformance with state/provincial and city statutes relating to plumbing and water supplies and the regulations adopted pursuant thereto.
An approved backflow-prevention assembly shall be installed on each service line to a customer's water system at or near the property line or immediately inside the building being served; but in all cases, before the first branch line leading off the service line wherever the following conditions exist:
In the case of premises having an auxiliary water supply that is not or may not be of bacteriological or chemical quality and that is not acceptable as an additional source by the General Crew Chief, the public water system shall be protected against backflow from the premises by installing an approved backflow-prevention assembly in the service line, appropriate to the degree of hazard.
In the case of premises on which any industrial fluids or any other objectionable substances are handled in such a fashion 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, appropriate to the degree of hazard. This shall include the handling of process waters and waters originating from the utility system that have been subject to deterioration in quality.
In the case of premises having internal cross-connections that cannot be permanently corrected and controlled, or intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water system shall be protected against backflow from the premises by installing an approved backflow-prevention assembly in the service line.
The type of protective assembly required under Subsection C(1), (2) and (3) shall depend upon the degree of hazard that exists as follows:
In the case of any premises where there is an auxiliary water supply, as stated in Subsection C(1) 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 separation or an approved reduced-pressure principle backflow-prevention assembly.
In the case of any premises where there is water or a 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 assembly.
In the case of any premises where there is any material dangerous to health that is handled in such a fashion 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 separation 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.
In the case of any premises where there are uncontrolled cross-connections, either actual or potential, the public water system shall be protected by an approved air-gap separation or an approved reduced-pressure principle backflow-prevention assembly at the service connection.
In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross-connection survey, the public water system shall be protected against backflow from the premises by either an approved air-gap separation or an approved reduced-pressure principle backflow-prevention assembly on each service to the premises.
In the case of any premises where, in the opinion of the General Crew Chief, an undue health threat is posed because of the presence of extremely toxic substances, the General Crew Chief may require an air gap at the service connection to protect the public water system. This requirement will be at the discretion of the General Crew Chief and is dependent on the degree of hazard.
Any backflow-prevention assembly required herein shall be a model and size approved by the General Crew Chief. The term "approved backflow-prevention assembly" shall mean an assembly that has been manufactured in full conformance with the standards established by the American Water Works Association titled: ANSFAWWA C510-89-Standard for Double Check Valve Backflow-Prevention Assembly, and AWWA C511-89-Standard for Reduced-Pressure Principle Backflow-Prevention Assembly, and have met completely the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research (FCCCHR) of the University of Southern California established by "Specification of Backflow-Prevention Assemblies." (See page 10 of the most current issue of the Manual of Cross-Connection Control.)
Said AWWA and FCCCHR standards and specifications have been adopted by the General Crew Chief. Final approval shall be evidenced by a certificate of approval issued by an approved testing laboratory certifying full compliance with said AWWA standards and FCCCHR specifications.
The following testing laboratory has been qualified by the General Crew Chief to test and certify backflow presenters: Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California, University Park, Los Angeles, CA 90089.
Testing laboratories, other than the laboratory listed above, will be added to an approved list as they are qualified by the General Crew Chief.
Backflow presenters that may be subjected to backpressure or backsiphonage that have been fully tested and have been granted a certificate of approval by said qualified laboratory and are listed on the laboratory's current list of approved backflow-prevention assemblies may be used without further testing or qualification.
It shall be the duty of the customer/user at any premises where backflow-prevention assemblies are installed to have certified inspections and operational tests made at least once per year. In those instances where the General Crew Chief deems the hazard to be great enough, certified inspections may be required at more frequent intervals. These inspections and tests shall be at the expense of the water user and shall be performed by the assembly manufacturer's representative, Water Department personnel, or by a certified tester approved by the General Crew Chief. It shall be the duty of the General Crew Chief to see that these tests are made in a timely manner. The customer/user shall notify the General Crew Chief in advance when the tests are to be undertaken so that the customer/user may witness the tests if so desired. These assemblies shall be repaired, overhauled, or replaced at the expense of the customer/user whenever said assemblies are found to be defective. Records of such tests, repairs, and overhaul shall be kept and made available to the General Crew Chief.
All presently installed backflow-prevention assemblies that do not meet the requirements of this section, but were approved assemblies for the purpose described herein at the time of installation and that have been properly maintained, shall, except for the inspection and maintenance requirements under Subsection F, be excluded from the requirements of these rules so long as the General Crew Chief is assured that they will satisfactorily protect the utility system. Whenever the existing assembly is moved from the present location, requires more than minimum maintenance, or when the General Crew Chief 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.
Effective the date of the acceptance of this cross-connection control program for the Village of Angola, all new residential buildings will be required to install a residential dual check device immediately downstream of the water meter. (Reference Figure 37, page 24 of the Cross-Connection Control Manual.) Installation of this residential dual check device on a retrofit basis on existing service lines will be instituted at a time and at a potential cost to the homeowner as deemed necessary by the Department. The owner must be aware that installation of a residential dual check valve results in a potential closed plumbing system within his residence. As such, provisions may have to be made by the owner to provide for thermal expansion within his closed loop system, i.e., the installation of thermal expansion devices and/or pressure relief valves.
Strainers. The Department strongly recommends that all new retrofit installations of reduced pressure principle devices and double check valve backflow presenters include the installation of strainers located immediately upstream of the backflow device. The installation of strainers will preclude the fouling of backflow devices due to both foreseen and unforeseen circumstances occurring to the water supply system, such as water main repairs, water main breaks, fires, periodic cleaning and flushing of mains, etc. These occurrences may stir up debris within the water main that will cause fouling of backflow devices installed without the benefit of strainers.
The Water Department will publish a list of fees and charges for the following services or permits: testing fees, retesting fees, reinspection fees, after-hour inspections or tests fees.
Any customer who violates this article or fails to comply with an order issued by the General Crew Chief shall be guilty of a violation pursuant to the Penal Law and shall be subject to a fine not to exceed $250.