[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:
Any water supply on or available to the premises other than
the purveyor's approved public potable water supply.
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.
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.
A condition in which the owner's system pressure is greater
than the supplier's system pressure.
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.
Cross-connection control resulting in the total isolation
of a facility with a potential hazard from the public water supply.
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.
Any actual or potential connection between the public water
supply and a source of contamination or pollution.
The Town of Newburgh Water Department.
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.
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.
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.
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.
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:
(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.
