[Adopted 4-8-1997 by L.L. No. 2-1997]
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:
ABNORMAL LOSS OR GAIN
A loss or gain of 3/4 of 1% or more of the total volume of
product handled over 10 days.
ADMINISTRATOR
The official of the City of Corning designated by the City
of Corning City Manager.
CHEMICAL BULK STORAGE CODE
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.
DRY BULK STORAGE
Loose or bagged storage of dry or semi-dry hazardous substances.
EXISTING FACILITIES
Aboveground storage facilities in existence or under construction
on the effective date of this article.
HAZARDOUS SUBSTANCES
All substances defined in 6 NYCRR Part 597 and all hazardous
wastes as defined in 6 NYCRR Part 371.
NEW FACILITY
Aboveground facilities constructed after the effective date
of this article.
NONRESIDENTIAL USE
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.
OWNER
Any person who owns a storage facility.
PERSON
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.
PETROLEUM BULK STORAGE REGULATIONS
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.
PORTABLE ABOVEGROUND TANK
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.
STATIONARY ABOVEGROUND TANK
A stationary tank larger than 185 gallons with more than
90% of its enclosed volume above the final ground elevations.
STORAGE FACILITIES
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.
SUBSTANTIAL MODIFICATION
The reconstruction of an existing storage facility beyond
normal repairs which:
A.
Increases or decreases the storage capacity;
B.
Alters the physical configuration;
C.
Impairs or affects the physical integrity of
the facility or its monitoring systems;
D.
Involves the reconditioning or replacement of
an existing tank or pipe;
E.
Costs 50% or more of the value of the storage
facilities; or
F.
Changes the products stored to equally or more
hazardous materials.
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:
(a)
In aggregate of five gallons or five pounds
or more in the City of Corning; or
(b)
In lesser amounts if the nature of the hazardous
substances and/or the manner in which they are stored pose an immediate
danger to the aquifer.
(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.
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.
In order to carry out the provisions of this
article, the City of Corning shall establish a schedule of fees. (See
Appendix A.)
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:
APPROVED
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.
BACKFLOW
The undesirable reversal of flow in a potable water distribution
system as a result of a cross-connection.
BACKFLOW PREVENTER
An assembly or means designed to prevent backflow.
A.
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).
B.
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.
C.
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).
BACKPRESSURE
A pressure, higher than the supply pressure, caused by a
pump, elevated tank, boiler or any other means that may cause backflow.
BACKSIPHONAGE
Backflow caused by negative or reduced pressure in the supply
piping.
CONTAMINATION
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.
CROSS-CONNECTION
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
A.
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
B.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
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, glycerine,
paraffins, caustic and acid solutions, and other liquid and gaseous
fluids used in industrial or other purposes for fire-fighting purposes.
POLLUTION
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 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.
WATER COMMISSION or HEALTH OFFICIAL
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, 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.