[Added 11-17-2003 by L.L. No. 6-2003]
A. 
The purpose of this article is to:
(1) 
Safeguard the public potable water supply served by the Town of Newburgh Consolidated Water District from potential contamination by preventing backflow or back-siphonage from the water users' system into the public water system and to comply with the requirements of the New York State Sanitary Code, Title 10 of the New York Code of Rules and Regulations, Part 5, § 5-1.31.
(2) 
To promote the elimination or control of existing cross connections, actual or potential, between its customers' in-plant potable water system and nonpotable systems.
(3) 
To provide for the maintenance of a continuing program of cross-connection control which will effectively prevent the contamination or pollution of all potable water systems by cross connection.
B. 
This is to be accomplished by:
(1) 
Requiring an approved air gap, reduced pressure zone device, double-check valve assembly or an equivalent protective device consistent with the degree of hazard posed by any service connection;
(2) 
Requiring the users of such connections to submit plans for the installation of protective devices to the Water Supply Superintendent and the Orange County Department of Health and/or New York State Department of Health for approval; and
(3) 
Assuring that all protective devices are tested once upon installation and at least annually thereafter, records of which will be submitted by the property owner to and maintained by the Water Supply Superintendent. Testing shall be performed by a qualified technician certified in accordance with New York State Department of Health requirements.
As used in this article only, the following terms shall have the meanings indicated:
AUXILIARY WATER SUPPLY
Any water supply on or available to the premises other than the purveyor's approved public potable water supply.
BACKFLOW
The flow of water or other liquids, mixtures or substances, under positive or reduced pressure, in the distribution pipes of a potable water supply from any source other than its intended source.
BACKFLOW PREVENTER
A device or means designed to prevent backflow or back-siphonage. Most commonly categorized as air gap, reduced pressure principle device, double-check valve assembly, pressure vacuum breaker, atmospheric vacuum breakers, hose bib vacuum breaker, residential dual check, double check with intermediate atmospheric vent and a barometric loop.
BACKPRESSURE
A condition in which the owner's system pressure is greater than the supplier's system pressure.
BACK-SIPHONAGE
The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.
CONTAINMENT
Cross-connection control resulting in the total isolation of a facility with a potential hazard from the public water supply.
CONTAMINANT
A substance that will impair the quality of the water to a degree that it creates a serious health hazard to the public leading to poisoning or the spread of disease.
CROSS-CONNECTION
Any actual or potential connection between the public water supply and a source of contamination or pollution.
DEPARTMENT
The Town of Newburgh Water Department.
OWNER
Any person who has legal title to, or license to operate or habitate in, a property upon which a cross-connection inspection is to be made or upon which a cross connection is present.
PERSON
Any individual, partnership, company, public or private corporation, political subdivision or agency of the State Department, agency or instrumentality or the United States or any other legal entity.
POLLUTANT
A foreign substance which, if permitted to get into the public water system, will degrade its quality so as to constitute a moderate hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such water for domestic use.
WATER SERVICE ENTRANCE
That point in the owner's water system beyond the sanitary control of the Town; generally considered being the outlet end of the water meter and always before any unprotected branch.
WATER SUPPLY SUPERINTENDENT
The Water Supply Superintendent or his delegated representative vested with the authority and responsibility for the implementation of a cross-connection control program and for the enforcement of the provisions of the law.
A. 
Water Department.
(1) 
On new installations, the Department will provide on-site evaluation and/or inspection of plans in order to determine what type of backflow preventer, if any, will be required. In any case, a minimum of a dual-check valve will be required in any new commercial construction.
(2) 
Any pre-existing system that does not contain a backflow prevention device shall be upgraded so as to comply with the current requirements of this article and of the New York State Department of Health and the Orange County Department of Health within 120 days following the service of notice by certified mail to install said device. This time period may be shortened by the Water Distribution Superintendent upon his determination that the degree of hazard involved requires prompter action. Failure or refusal or inability on the part of the customer to install said device or devices shall constitute a ground for discontinuing water service to the premises until such device or devices have been properly installed.
(3) 
The Department shall inform the owner, by letter, of any failure to comply, by the time of the first reinspection. In the event that the owner fails to comply with the necessary correction by the time of the second reinspection, the Department will inform the owner, by letter, that the water service to the owner's premises will be terminated within a period not to exceed five days. In the event that the owner informs the Department of extenuating circumstances as to why the correction has not been made, a time extension may be granted by the Department, but in no case will it exceed an additional 30 days.
(4) 
If the Department determines at any time that a serious threat to the public health exists, the water service will be terminated immediately.
B. 
Owner.
(1) 
The owner shall be responsible for the elimination of or protection from all cross connections on his premises.
(2) 
For all new buildings requiring a backflow preventer, and for existing buildings identified by the Department as requiring a backflow preventer, the owner shall submit an application for approval on the form prescribed by the Orange County Department of Health from time to time. The application shall be accompanied by a report prepared and stamped by a New York State licensed engineer or licensed architect.
(3) 
The owner, after having been informed by a letter from the Department, shall, at his expense, install, maintain and test, or have tested, where applicable, any and all DCVA and RPZA devices on his premises.
(4) 
The owner shall correct any malfunction of the backflow preventer which is revealed by periodic testing.
(5) 
The owner shall inform the Department of any proposed or modified cross connections and also any existing cross connections of which the owner is aware but have not been found by the Department.
(6) 
The owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Owners who cannot shut down operation for testing of the device(s) must supply additional devices necessary to allow testing to take place.
(7) 
The owner shall install backflow preventers in a manner approved by the Department.
(8) 
The owner shall install only backflow preventers approved by the Department and/or the New York State Department of Health.
(9) 
Any owner having a private well or other private water source may be required to install a backflow preventer at the service entrance if a private water source is maintained, even if it is not cross connected to the Department's system.
(10) 
The owner shall not install plumbing to provide potable water for domestic purposes which is on the Department's side of the backflow preventer.
(11) 
The owner shall be responsible for the payment of all fees for annual testing, retesting in the case that the device fails to operate correctly, and second reinspections for noncompliance with Department requirements.
C. 
Use of existing backflow devices. Any existing backflow preventer shall be allowed by the Department to continue in service unless the degree of hazard is such as to supersede the effectiveness of the present backflow preventer or result in an unreasonable risk to the public health. Where the degree of hazard has increased, the backflow prevention device shall be upgraded as required by the Superintendent to provide a suitable safeguard for the degree of hazard associated with the current or proposed use.
A. 
Categories; rating system; regulation.
(1) 
An acceptable backflow prevention device must be installed in every service connection to a facility. Three categories shall be considered when determining the degree of hazard posed by a facility and making the subsequent determination of the type of protection device required. The Department recognizes the threat to the public water system arising from cross connections. All threats will be classified by degree of hazard and will require the installation of approved reduced pressure principle backflow prevention devices, "reduce pressure zone assembly," (RPZA) or "double-check valve assembly" (DCVA). The considerations are:
(a) 
Use, toxicity and availability of contaminants within the premises.
(b) 
Availability of a supplementary supply of water.
(c) 
Fire-fighting system evaluation.
(2) 
Based on these considerations, the Water Distribution Superintendent shall rate a facility as "hazardous," "aesthetically objectionable" or "nonhazardous."
(a) 
A hazardous facility must be contained through the use of an RPZA or properly designed air gap.
(b) 
An aesthetically objectionable facility must be contained through the use of a DCVA, RPZA or air gap.
(c) 
Nonhazardous facilities should be protected through an internal plumbing control program to ensure that plumbing cross connections are adequately protected or eliminated; or through the use of a DCVA, RPZA or air gap.
B. 
The Water Supply Superintendent or designee shall determine the type of device required for each property and facility. In making this determination, the Water Supply Superintendent may utilize the Sample List of Facilities Requiring Backflow Prevention, prepared by the Department of Health and, if necessary, shall consult with the Orange County Department of Health.
C. 
Cross-connection control by facility type.
(1) 
Hazardous types of facilities which shall require installation of an approved reduce pressure zone assembly (RPZA) or air gap in the service connection to the public water distribution system include but are not limited to:
(a) 
Sewage and industrial wastewater treatment plants and pumping stations and sewer flushers.
(b) 
Paper manufacturing or processing, dye plants, petroleum processing, printing plant, chemical manufacturing or processing, industrial fluid systems, steam generation, rubber processing and tanneries.
(c) 
Canneries, breweries, food processing, milk processing, ice manufacturing, meat packers, poultry processing and rendering companies.
(d) 
Hospitals, clinics, laboratories, veterinary hospitals, mortuaries and embalmers.
(e) 
Metal plating, photo processing, laundries, commercial car washes, commercial refrigeration systems and dry-cleaning establishments.
(f) 
Commercial greenhouses, spraying and irrigation systems using weedicides, herbicides and exterminators.
(g) 
Boiler systems, cooling towers or internal firefighter systems using conditioners, inhibitors and corrosion control chemicals.
(h) 
Residential units with lawn and irrigation systems with chemical injection.
(i) 
Residential units or facilities with service provided by both the village water distribution system and private well or water supply.
(2) 
Aesthetically objectionable types of facilities which shall require installation of an approved double-check valve, RPZA or air gap in the service connection of the public water distribution system are those which include but are not limited to:
(a) 
Customer fire protection loops and fire storage tanks with no chemical additives.
(b) 
High temperature potable water.
(c) 
Utilization for food-grade dyes.
(d) 
Complex plumbing systems in commercial buildings, such as but not limited to beauty salons, churches, apartment buildings, gas stations, supermarkets, nursing homes, construction sites and carnivals.
(e) 
Residential units with lawn and irrigation systems.
(3) 
The above lists are not all-inclusive. The type of backflow prevention device required for each facility shall be determined by the Water Supply Superintendent or designee as set forth above.
(4) 
Strainers. The Department strongly recommends that all new retrofit installation of reduced pressure principle devices and double-check valve backflow preventers include the installation of strainers located immediately upstream of the backflow device, except on fire lines. The installation 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. No strainer is to be used on a fire line without the approval of the insurance underwriters having jurisdiction.
A. 
The testing of backflow prevention devices shall be performed on an annual basis by the owner of any system requiring the same, and the cost of such testing shall be borne by the owner of the system. The testing procedures shall conform to the requirements of the New York State Department of Health and the Orange County Department of Health. Test results shall be submitted to the Water Supply Superintendent within 30 days of the completion of such testing. Late submissions of annual test results shall be subject to an administrative processing fee as set forth in Chapter 104, Fees.
B. 
Any backflow preventer which fails during a periodic test will be repaired or replaced. When repairs are necessary, upon completion of the repair the device will be retested at the owner's expense to ensure correct operation. High-hazard situations will not be allowed to continue unprotected if the backflow preventer fails the test and cannot be repaired immediately. In other situations, a compliance date of not more than 30 days after the test date will be established. The owner is responsible for spare parts, repair tools or a replacement device. Parallel installation of two devices is an effective means of the owner ensuring that uninterrupted water service during testing or repair of devices and is strongly recommended when the owner desires such continuity.
C. 
Backflow prevention devices will be tested more frequently than specified above in cases where there is a history of test failures and the Department feels that, due to the degree of hazard involved, additional testing is warranted. Cost of the additional testing will be borne by the owner.
A. 
The Water Supply Superintendent shall enforce this article and the cross-connection and backflow protection requirements, specifications, guidelines and facilities classifications of the New York State Department of Health and the Orange County Department of Health. Specifications, guidelines, facilities, classifications and other administrative requirements and information which shall be used to implement the requirements shall be on file in the Water Supply Superintendent's office.
B. 
The Department will operate a cross-connection control program, or include the keeping of necessary records, which fulfills the requirements of the New York State Health Department's Cross-Connection Regulations.
C. 
The owner shall allow his property to be inspected for possible cross connections and shall follow the provisions of the Department's program.
D. 
If the Department requires that the public supply be protected, the owner shall be responsible for water quality beyond the outlet end of the containment device and should utilize fixture outlet protection for that purpose.
The application for approval for the installation of a backflow preventer shall be accompanied by a fee as prescribed by Chapter 104, Fees.
In addition, and not in lieu of any other penalty set forth in this chapter, any person who violates any provision of this article shall be subjected to a fine not to exceed $250 for each day the violation continues after notice by the Water Supply Superintendent. In addition, the service of water to any premises may be discontinued by the Town if backflow prevention devices required by this article or regulations adopted pursuant thereto are not installed, tested and maintained; if any defects are found in an installed backflow prevention device; if it is found that the backflow prevention device has been removed or bypassed; or if an unprotected cross connection exists on the premises, and water service shall not be restored until such condition or defect is corrected.