[HISTORY: Adopted by the City Council of
the City of Corning as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-8-1997 by L.L. No. 2-1997]
A.
The City of Corning depends solely on public wells
which draw water from the unconsolidated sand and gravel aquifer underlying
the Chemung Valley. This aquifer is replenished by rainfall within
the watershed and in part by the Chemung River. The City of Corning,
with its residential, commercial, industrial and other uses, overlies
the recharge area for its public water supply. Contamination can be
and has been contributed to the groundwater by improper handling and
disposal of hazardous substances, petroleum products and other sources.
This contamination has led to the construction and long-term maintenance
of water-purifying equipment, such as "air strippers," to remove these
contaminants at the expense of the taxpayers in the City of Corning.
Future drinking water contamination can lead to additional public
and private losses and costs, business interruptions, damage to facilities
and utilities, such as water mains, sewer lines and treatment facilities,
and the like.
B.
The purpose of this article is to protect the public
health, safety and welfare of the people of the City of Corning by
minimizing continued and future water supply contamination without
applying burdensome regulations on land use.
The City of Corning Drinking Water Protection
Law is enacted pursuant to the authority granted by Municipal Home
Rule Law § 10, Subdivision 1(i) and (ii)(a)(11), and General
City Law § 19.
As used in this article, the following terms
shall have the meanings indicated:
A loss or gain of 3/4 of 1% or more of the total volume of
product handled over 10 days.
The official of the City of Corning designated by the City
of Corning City Manager.
New York State's standards and regulations for storing hazardous
substances administered by the New York State Department of Environmental
Conservation, as defined in 6 NYCRR Parts 595 through 599.
Loose or bagged storage of dry or semi-dry hazardous substances.
Aboveground storage facilities in existence or under construction
on the effective date of this article.
All substances defined in 6 NYCRR Part 597 and all hazardous
wastes as defined in 6 NYCRR Part 371.
Aboveground facilities constructed after the effective date
of this article.
Any use, including commercial, industrial and institutional,
which is not residential but which is likely to have storage facilities
as a primary or accessory use.
Any person who owns a storage facility.
Any individual, trust, firm, joint-stock company, federal
agency, corporation (including a government corporation), partnership,
association, state, municipality, commission, political subdivision
of a state or interstate body.
New York State's standards and regulations of petroleum administered
by the New York State Department of Environmental Conservation as
defined in 6 NYCRR Parts 611 through 614.
A portable tank with a capacity more than 185 gallons on
site for less than 90 days or a portable tank with a capacity of less
than 185 gallons on site for more than 90 days.
A stationary tank larger than 185 gallons with more than
90% of its enclosed volume above the final ground elevations.
Any combination of land and equipment, such as tanks, vaults,
dikes, loading racks, hoses, pipes, valves, fittings, fixtures, shelf
storage and other equipment, used for storage, transfer or containment
of an aggregate of one gallon or more of petroleum or hazardous substances.
The reconstruction of an existing storage facility beyond
normal repairs which:
Increases or decreases the storage capacity;
Alters the physical configuration;
Impairs or affects the physical integrity of
the facility or its monitoring systems;
Involves the reconditioning or replacement of
an existing tank or pipe;
Costs 50% or more of the value of the storage
facilities; or
Changes the products stored to equally or more
hazardous materials.
A storage facility in place for less than 90 days.
The following regulations apply to all uses
within the City of Corning:
A.
The discharge or disposal of any hazardous substance
or radioactive material is prohibited, except as allowed by a valid
permit per regulations promulgated under the New York State Environmental
Conservation Law, Articles, 1, 3, 8, 15, 17, 19, 23, 27, 52 and 70,
and the New York State Public Health Law § 225 and amendments
thereto.
B.
Any spill, leak or discharge or other release to the
environment, actual or suspected, which must be reported to the New
York State Department of Environmental Conservation Spill Hotline
(800-457-7362) pursuant to New York State Chemical Bulk Storage Regulations
(6 NYCRR Part 595) and Petroleum Bulk Storage Regulations (6 NYCRR
Parts 611 through 614), must also be reported to the administrator
within two hours of the release.
C.
Should a spill occur, the owner and/or operator must
take immediate action to stop the spill and restore the environment.
D.
Storage of petroleum or hazardous substances.
(1)
The regulations in this article apply to storage facilities
storing petroleum or hazardous substances:
(2)
Except the following:
(a)
Any storage facility associated with a residential
use.
(b)
Any storage facility regulated by the New York
State Department of Environmental Conservation (NYSDEC). NYSDEC regulations
include but are not limited to the chemical bulk storage regulations
as described in 6 NYCRR Parts 595 through 599; the petroleum bulk
storage regulations as described in Parts 611 through 614; the State
Pollutant Discharge Elimination System (SPDES) permits requirements
for stormwater discharges and best management practices plans; and
the like.
(c)
Any wholesale/retail sales establishment that
stores and handles hazardous materials for resale in their original
unopened containers.
(d)
Any storage facility for cleaning agents that
are packaged for personal or household use or are present in the same
form and concentration as a product packaged for use by the general
public, unless the aggregate inventory exceeds 10 gallons and/or 10
pounds dry bulk at any time.
A.
The administrator shall review plans for new, temporary
or substantially modified storage facilities for consistency with
the City's standards upon referral from the City Planning Commission
as part of the site plan review process or as part of the issuance
of a building permit. The administrator may recommend approval, approval
with modifications or disapproval. The administrator may consult with
appropriate agencies as necessary.
[Amended 7-6-2015 by L.L.
No. 3-2015]
B.
The administrator shall inspect new, temporary or
substantially modified storage facilities as part of other City inspection
programs, such as the inspection before issuing the certificate of
compliance. Subsequent inspections shall be conducted at the discretion
of the administrator based upon past practices at the facility and
potential adverse impact on the City's aquifer.
C.
The administrator shall request permission from NYSDEC
to accompany state inspections of state-regulated storage facilities.
A.
Each existing storage facility shall be inspected
at least once under the terms of this article. Subsequent inspections
shall be conducted at the discretion of the administrator based upon
past practices at the facility and potential adverse impact on the
City's aquifer.
B.
The administrator shall request permission from NYSDEC
to accompany state inspections of state-regulated storage facilities.
A.
Secondary containment requirements.
(1)
All outdoor storage facilities must be located within
an impervious container or curbed paved area which provides storage
equal to or greater than 110% of the volume of the drums, tanks or
other containers.
(2)
Drainage of precipitation from within the containment
area shall be controlled so that it will prevent any product from
entering the ground- or surface waters.
(3)
All outdoor storage facilities must be protected against
freezing, rusting and other weather-related damage.
B.
Standards for inspections. The administrator shall
inspect all aboveground storage facilities for abnormal loss or gain.
C.
Standards for leaking facilities. Any aboveground
storage facility found to be leaking shall be emptied and taken from
service until the leak is repaired or the container is replaced. If
repairs are required, they shall be made with the approval of the
administrator.
A.
General requirements.
(1)
Within two years from the effective date of these
standards, all persons storing a hazardous substance must employ practices,
training and equipment for preventing transfer spills and accidental
discharges as required by these standards.
(2)
The owner and/or operator of a facility are responsible
for all transfers of hazardous substances at the facility and shall
ensure that the facility is constructed and operated in accordance
with these standards.
B.
Operator supervision.
(1)
All transfers must be carried out under the supervision
and sight of a trained operator skilled in the mechanics of proper
transfer practices and knowledgeable of emergency response procedures.
(2)
The operator shall determine by a reliable means that
the drum, tank, truck or other container receiving the product has
adequate capacity to contain the amount being transferred and that
the overfill prevention requirements of these standards are being
employed.
C.
Transfer stations. All transfers of products shall
take place at transfer stations which are designed to prevent the
escape of hazardous substances during the transfer operation itself
or resulting from damage or leakage of the equipment or piping involved.
A.
Corrosion protection. All new piping systems must
be protected against corrosion. New piping systems must be constructed
of materials resistant to corrosion or be cathodically protected against
corrosion with impressed current or sacrificial anodes, plus have
a coating acceptable to the administrator and in accordance with appropriate
New York State Environmental Conservation Law. Systems must be electrically
isolated from tanks, pumps and any known source of stray current.
B.
Pipeline monitoring. New piping systems shall be equipped
with leak detection system acceptable to the administrator and in
accordance with appropriate New York State Environmental Conservation
Law. Existing piping shall be inspected for signs of leaks and/or
corrosion. If repairs are necessary, replacement piping shall meet
the standards for new piping.
A.
Secondary containment requirements. All indoor storage
facilities must be located within an impervious container or curbed
floor area which provides storage equal to or greater than 110% of
the volume of the largest container.
B.
Sprinkler system hoods. If the storage tanks do not
have a top and the building contains a sprinkler system, the tanks
shall be provided with hood deflectors or automatic covers to prevent
the overflowing of the tanks by flow from the sprinkler system.
C.
Any storage facilities located below grade level within
any cellars or basements with pervious floors, such as dirt or stone
floors, must meet the standards for outdoor storage to protect against
discharge to groundwater.
A.
General requirements. Portable containers and tanks
must be stored on impervious, chemically resistant surfaces and must
be stored in a secure manner, protected from vandalism, unauthorized
access and damage by traffic, machinery or falling objects.
B.
Indoor storage. Portable containers and tanks are
recommended to be stored indoors unless prohibited by fire regulations.
A.
Dry bulk storage of hazardous substances must be segregated
by type so as to prevent accidental mixing and potential reaction.
B.
Bagged hazardous substances must be stored on pallets,
shelving or similar devices for easy removal.
C.
Indoor storage must be in an area with an impervious
floor and no floor drains.
D.
All dry bulk storage must be in secure areas to minimize
vandalism and accident.
The owner of a nonresidential use which stores
hazardous substances is responsible for the proper closure of the
storage facility. The owner shall notify the administrator of his/her
intent to cease storage of hazardous substances at least 30 days prior
to the sale or abandonment of his/her property. All hazardous materials
shall be removed and/or disposed of properly. The owner of the storage
facility shall provide appropriate documentation, such as a report
signed by a licensed engineer, NYSDEC official or similar source,
which states that the former storage facility is free from contamination
by the stored substances.
Any information relating to secret processes
or methods of manufacture which may be required, ascertained or discovered
by the administrator will not be disclosed and will be kept confidential.
A.
The technical, common and generic names of the substance
being stored must be posted conspicuously at all storage facilities
as required by the administrator and in accordance with National Fire
Protection Association (NFPA) § 704 regulations. The storage
capacity of the container(s) must also be posted. This information
shall be kept current. Properly filed Material Storage Data Sheets
(MSDS) and legible original containers are acceptable.
B.
Portable containers larger than 25 gallons in size
must carry a placard or marking that identifies the contents, unless
smaller quantities must be labeled as required by state and federal
law.
C.
Emergency instructions and floor plans must be prepared
and must be maintained at all times near the entrance of the building
where hazardous substances are stored and must be readily accessible
to fire-fighting personnel. A copy of the instructions and floor plan
shall be filed with the administrator and the City Fire Department.
A.
This article shall be enforced by the administrator.
B.
Any person found in violation of this article which
applies to storage facilities not regulated by NYSDEC shall be guilty
of an offense and subject to a fine not less than $250 per offense
or imprisonment for not more than 15 days, or both such fine and imprisonment.
Each and every violation of this article shall be deemed a separate
violation, and each day such violation shall continue shall be deemed
a separate offense.
[Amended 10-5-1998 by L.L. No. 32-1998]
C.
The administrator may inspect any premises which stores
or is believed to store a hazardous substance for compliance with
this article. The owner and operator must permit the administrator
to inspect said premises during normal business hours or at a mutually
agreed upon time.
In order to carry out the provisions of this
article, the City of Corning shall establish a schedule of fees. (See
Appendix A.)[1]
A.
The City of Corning shall establish a Drinking Water
Protection Review Board which shall decide applications for variances
from this article. The City of Corning Board of Health shall be appointed
as members of the Review Board. The City of Corning may also appoint
a representative of interests regulated by this article if an appropriate
person does not serve on the Board of Health.
B.
The Drinking Water Protection Review Board may, upon
written application, grant a variance from one or more specific provisions
of this article. In the written application, an applicant for a variance
must:
(1)
Identify the specific provisions of this article from
which a variance is sought.
(2)
Demonstrate that the proposed alternative measure
will have no significant adverse effect on the aquifer and the general
health, safety and welfare of the people of the City of Corning and
will be consistent with the intent of this article.
(3)
Demonstrate that strict compliance with this article
would be impracticable.
[Adopted 9-6-1994]
The purpose of this article is:
A.
To protect the public potable water supply of the
City of Corning from 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.
B.
To promote the elimination of 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.
C.
To provide 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.
D.
To comply with the requirements of the New York State
Sanitary Code, Part 5, section 5.1.31.
The Superintendent of Public works 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 Superintendent of Public Works, 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 Superintendent of Public Works 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.
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.
An assembly or means designed to prevent backflow.
AIR GAPSThe unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet conveying water or waste to a tank, plumbing fixture, receptor or other assembly and the flood level rim of the receptacle. These vertical, physical separations must be at least twice the diameter of the water supply outlet, never less than one inch (25 millimeters).
REDUCED-PRESSURE BACKFLOW-PREVENTION ASSEMBLYThe approved reduced-pressure-principle backflow-prevention assembly consists of two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and below the first check valve. These units are located between two tightly closing resilient-seated shutoff valves as an assembly and equipped with properly located resilient-seated test cocks.
DOUBLE CHECK-VALVE ASSEMBLYThe approved double check-valve assembly consists of two internally loaded check valves, either spring loaded or internally weighted, installed as a unit between two tightly closing resilient-seated shutoff valves and fitting with properly located resilient-seated test cocks. This assembly shall only be used to protect against a nonhealth hazard (that is, a pollutant).
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.
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
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.
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.
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.
HEALTH HAZARDA cross-connection or potential cross-connection involving any substance that could, if introduced in the potable water supply, cause death or illness, spread disease or have a high probability of causing such effects.
PLUMBING HAZARDA plumbing-type cross-connection in a consumer's potable water system that has not been properly protected by an approved air gap or an approved backflow-prevention assembly.
NONHEALTH HAZARDA cross-connection or potential cross-connection involving any substance that generally would not be a health hazard but would constitute a nuisance or be aesthetically objectionable, if introduced into the potable water supply.
SYSTEM HAZARDAn actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer's potable water system or of a pollution or contamination that would have a protracted effect on the quality of the potable water in the 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, glycerine,
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.
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 of 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.
The Superintendent of Public Works in charge of the Water
Department of the City of Corning 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.
Water that is not safe for human consumption or that is of
questionable quality.
Water that is safe for human consumption as described by
the public health authority having jurisdiction.
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.
A.
Water system.
(1)
The water system shall be considered as made up of
two parts: the utility system and the customer system.
(2)
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.
(3)
The source shall include all components of the facilities
utilized in the production, treatment, storage and delivery of water
to the distribution system.
(4)
The distribution system shall include the network
of conduits used for the delivery of water from the source to the
customer's system.
(5)
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.
B.
Policy.
(1)
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 or bypassed
or if an unprotected cross-connection exists on the premises. Service
will not be restored until such conditions or defects are corrected.
(2)
The customer's system should be open for inspection
at all reasonable times to authorized representatives of the Superintendent
of Public Works to determine whether cross-connections or other structural
or sanitary hazards, including violations of these regulations, exist.
when such a condition becomes known, the Superintendent of Public
Works 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 and City
statutes relating to plumbing and water supplies and the regulations
adopted pursuant thereto.
(3)
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:
(a)
In the case of premises having an auxiliary
water supply that is not or may not be of safe bacteriological or
chemical quality and that is not acceptable as an additional source
by the Superintendent of Public Works, 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.
(b)
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.
(c)
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 at the terminal end of the service connection.
(4)
The type of protection assembly required under Subsections B(3)(a), (b) and (c) shall depend upon the degree of hazard that exists as follows.
(a)
In the case of any premises where there is an auxiliary water supply as stated in Subsection B(3)(a) of this section and it is not subject to any of the following rules, the public water system shall be protected by an approved air-gap separation or an approved reduced-pressure-principle backflow-prevention assembly.
(b)
In the case of any premises where there is water
or substance that would be objectionable but not hazardous to health
if introduced into the public water system, the public water system
shall be protected by an approved double check-valve assembly.
(c)
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.
(d)
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.
(e)
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.
(f)
In the case of any premises where, in the opinion
of the Superintendent of Public Works, an undue health threat is posed
because of the presence of extremely toxic substances, the Superintendent
of Public Works may require an air gap at the service connection to
protect the public water system. This requirement will be at the discretion
of the Superintendent of Public Works and is dependent on the degree
of hazard.
(5)
Any backflow-prevention assembly required herein shall
be a model and size approved by the Superintendent of Public Works
and the New York state Department of Health. 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, entitled "AWWA C510-89, standard for Double check valve
Backflow-Prevention Assembly," and "AWWA C511-89, standard for Reduced-Pressure
Principle Backflow-Prevention Assembly," and has met completely the
laboratory and field performance specifications of the Foundation
for Cross-Connection Control and Hydraulic Research of the University
of Southern California established by Specification of Backflow-Prevention
Assemblies, Section 10, of the most current issue of the Manual of
Cross-Connection Control.
(6)
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 Superintendent of Public Works 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 a tester certified by
the New York State Department of Health. It shall be the duty of the
Superintendent of Public Works to see that these tests are made in
a timely manner. The customer-user shall notify the Superintendent
of Public Works 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 and whenever said assemblies are found to be
defective. Records of such tests, repairs and overhaul shall be kept
and made available to the Superintendent of Public Works.
(7)
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 B(6), be excluded from the requirements of these rules so long as the Superintendent of Public Works is assured that they will satisfactorily protect the utility system. Whenever the existing assembly is moved from the present location or requires more than minimum maintenance, or when the Superintendent of Public Works 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.
