[HISTORY: Adopted by the Town Board of the Town of Goshen as indicated
in article histories. Amendments noted where applicable.]
[Adopted 2-27-1997 by L.L. No. 3-1997]
The purpose of this article is to safeguard the potable water supply
from potential contamination by preventing backflow from a water user's system
into the public water system and to comply with the requirements of the New
York State Sanitary Code, 10 New York Code of Rules and Regulations, Part
5, § 5-131. This is to be accomplished by:
A.
Requiring an approved air gap, reduced-pressure zone
device, double-check valve assembly or equivalent protective device, consistent
with the degree of hazard posed by any service connection;
B.
Requiring the users of such connections to submit plans
for the installation of protective devices to the Building Inspector and the
Orange County Department of Health and/or New York State Department of Health
for approval; and
C.
Assuring that all protective devices be tested at least
annually, records of which shall be submitted by the property owner to and
maintained by the Building Inspector.
A.
All nonresidential users of the public water system and
all residential users of the public water system having an auxiliary water
supply, including but not limited to a private well, lawn sprinkler or irrigation
system, shall be required to comply with this article.
B.
Any installation, service, maintenance, testing, repair
or modification of a backflow prevention device shall be performed in accordance
with the requirements of the Town of Goshen and the New York State Plumbing
Code. For purposes of this article, a backflow prevention device is an approved
air gap, reduced-pressure zone device, double-check valve assembly or equivalent
protection device designed to prevent potential contamination of a public
water system.
C.
Backflow prevention devices conforming to the most current
requirements of the New York State Department of Health and the Orange County
Department of Health shall be installed by the owner of those systems pursuant
to the rules of those departments in force at the time of the installation.
D.
A certificate of occupancy shall not be issued by the
Building Inspector for new or modified/renovated/rehabilitated structures
having a system classified by the Department of Health or determined by the
Building Inspector as hazardous, unless a backflow prevention device has been
installed and approved pursuant to this article and Department of Health requirements.
E.
The cost to install a backflow prevention device shall
be borne by the owner of the property.
F.
The Town Building Inspector or his/her designee shall
make a determination as to whether a property owner requires a backflow prevention
device and the type of device in accordance with this article and the New
York State Department of Health and the Orange County Department of Health
requirements and regulations.
Any preexisting 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.
A.
The Building Inspector or his/her designee shall determine
the type of device required for each property and facility. In making this
determination, the Building Inspector shall 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.
B.
Cross-connection control by facility type.
(1)
The types of facilities which shall require installation
of an approved reduced-pressure zone (RPZ) 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, pumping
stations and sewer flushers;
(b)
Paper manufacturing or processing, dye plants, petroleum
processing, printing plants, 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)
Shipyards and marinas;
(f)
Metal plating, photo processing, laundries, commercial
car washes, commercial refrigeration systems and dry-cleaning establishments;
(g)
Commercial greenhouses, spraying and irrigation systems
using weedicides, herbicides and exterminators;
(h)
Boiler systems, cooling towers or internal fire-fighting
systems using conditioners, inhibitors and corrosion control chemicals;
(i)
Residential units with lawn and irrigation systems, with
chemical injection.
(2)
The types of facilities which shall require installation
of an approved double-check valve in the service connection of the public
water distribution system include, but are not limited to:
(a)
Customer fire protection loops; fire storage tanks with
no chemical additives;
(b)
High temperature potable water;
(c)
Utilization of 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 Building
Inspector or his/her designee as set forth above.
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 Building Inspector.
The Building Inspector shall enforce this article and the cross-connection
and backflow prevention requirements, specifications, guidelines, facilities
and 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 Building Inspector's
office.
In addition to, and not in lieu of, any other penalty set forth in this
article, any person who violates any provision of this article shall be subject
to a fine not to exceed $250 for each day the violation continues after notice
by the Building Inspector. 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.
[Adopted 6-12-1997 by L.L. No. 5-1997]
In response to the increasing development in the Town of Goshen and
the potential impact of the drilling of new wells or the increased utilization
of existing wells in the Town, the Town Board hereby finds that certain safeguards
must now be implemented to ensure that the development of new water usage
will not harm or detrimentally affect existing supplies.
Unless specifically exempted from this requirement, persons or business
entities of any kind wishing to operate a pump for more than 24 hours in any
new or existing well at a rate of 10 gallons per minute (GPM) or more within
the Town shall, before engaging in any such activity:
A.
Submit an application with a fee of $300 to the Town
Clerk with the following information:
B.
Notify, by certified mail, return receipt requested,
property owners within 1,000 feet of the well to be tested at least 10 days
before the commencement of testing, of the specific dates and times that tests
are to be conducted.
C.
Sign an agreement, to be provided by the Town of Goshen,
to save and hold harmless the Town of Goshen, its boards and departments from
any claims or damages which may arise by reason of said testing.
The Town Engineer shall review and, if all appropriate information has
been provided, approve any well testing covered by this article. Such approval
shall be indicated on the completed application, showing the date and time
given. In so doing, the Town Engineer may cause the applicant to send notices
to an enlarged area for good cause. The Town Engineer may also require the
applicant to conduct an interference study and monitor as many adjacent wells
as he deems necessary to fulfill the purpose of this article.
Any violations of this article shall be prosecuted by the Town of Goshen
Attorney upon the sworn deposition of the Town Engineer in the Town of Goshen
Justice Court. The penalty for any such violation shall not be more than $1,000
for a first offense.
