[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.
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.
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:
(1) The name(s) and addresses (both local and legal) of owners
of record.
(2) The names and addresses of developers and any companies
to be used in doing open well testing or well drilling.
(3) The dates and times of proposed testing.
(4) Pump horsepower and estimated volume in GPM of testing.
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.