[Adopted 3-11-1996 by L.L. No. 1-1996]
A.
Purpose. The purpose of this Part 2 is:
(1)
To protect the public potable water supply of Cuba
Village from the possibility of contamination by isolating within
its water consumers' or users' internal distribution system(s) or
its water consumers' or users' private water system(s) such contaminations
or pollutants which could backflow into the public water supply system.
(2)
To comply with the requirements of the New York State
Sanitary Code Section 5-1.31.
B.
Responsibility. The Cuba Village Superintendent shall
be responsible for the protection of the Cuba Village distribution
system from contamination due to the backflow of contaminators through
the water service connection. If, in the judgment of the Superintendent,
an acceptable backflow prevention device is required at the Village's
water service connection to any property owner's premises, for the
safety of the water system, the Superintendent or his designated agent
shall give notice in writing to said property owner to install such
an acceptable backflow prevention device at each service connection
to the premises. The property owner shall immediately install such
approved device or devices at the property owner's own expense; and
failure, refusal or inability on the part of the property owner to
install said device or devices immediately shall constitute a ground
for discontinuing water service to the premises until such device
or devices have been properly installed. In lieu of discontinuing
water service to the premises, the Superintendent, in his sole discretion,
may install said device or devices if necessary to protect the public
potable water supply.
As used in this Part 2, the following terms
shall have the meanings indicated:
An acceptable air gap, reduced pressure zone device or double
check valve assembly as used to contain potential contamination within
a facility. In order for the reduced pressure zone device or the double
check valve assembly to be acceptable it must be listed on the most
current version of the New York State Department of Health List of
Acceptable Devices.
One in which substances are present which, if introduced
into the public water supply system, could be a nuisance to other
water consumers or users but would not adversely affect human health.
Typical examples of such substances are food-grade dyes, hot water,
stagnant water from fire lines in which no chemical additives are
used, etc.
The unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet supplying water
to a tank, plumbing fixture or other device and the flood level rim
of said vessel. An approved "air gap" shall be at least double the
diameter of the supply pipe, measured vertically, above the top of
the rim of the vessel and in no case less than one inch.
Accepted by the Cuba Village Superintendent as meeting an
applicable specification stated or cited in this Part 2 or as suitable
for the proposed use.
Any water supply on or available to the premises other than
the Cuba Village-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,
etc., or used waters. These waters may be contaminated or they may
be objectionable and constitute an unacceptable water source over
which the water purveyor does not have sanitary control.
A flow condition induced by a differential in pressure, that
causes the flow of water or other liquids and/or gases into the distribution
pipes of the Cuba Village supply system from any source other than
its intended source.
That individual or firm approved to accomplish the necessary
inspections and operational tests of backflow prevention devices.
The presence in water of a substance that tends to degrade
its quality.
Whether a facility is rated as hazardous, aesthetically objectionable
or nonhazardous.
An assembly composed of two single, independently acting
check valves, including tightly closing shutoff valves located at
each end of the assembly and suitable connections for testing the
water tightness of each check valve.
One in which substances may be present which, if introduced
into the public water system, would or may endanger or have an adverse
effect on the health of other water consumers or users. Typical examples:
laboratories, sewage treatment plant, chemical plants, hospitals,
mortuaries.
One which does not require the installation of an acceptable
backflow prevention device.
An owner of real property served by the Cuba Village water
supply system.
The piping used to convey water supplied by the Cuba Village
supply system throughout a property owner's facility. The system shall
include all those parts of the piping beyond the control point of
Cuba Village. The "control point" is either the curb valve or the
main valve located at the public right-of-way that isolates the property
owner's facilities from the Village distribution system.
The Cuba Village system, including the source, treatment
works, transmission mains, distribution system and storage facilities
serving the public. This includes the distribution system up to its
connection with the property owner's water system.
A device containing a minimum of two independently acting
check valves, together with an automatically operated pressure differential
relief valve located between the two check valves. During normal flow
and at the cessation of normal flow the pressure between these two
checks shall be less than the upstream (supply) pressure. In case
of leakage of either check valve, the differential relief valve, by
discharging to the atmosphere, shall operate to maintain the pressure.
The unit must include tightly closing shutoff valves located at each
end of the device, and each device shall be fitted with properly located
test cocks.
The Superintendent of Public Works of Cuba Village.
A.
The property owner's water system shall be open for
inspection at all reasonable times to authorized representatives of
Cuba Village.
B.
Cuba Village shall rate a property owner's water system
according to its degree of hazard to the public water supply system.
Some of the factors to be considered are the use and availability
of contaminants, the availability of an auxiliary water supply and
the type of fire-fighting system in use.
C.
An acceptable backflow prevention device shall be
installed on each service line to a property owner's water system
at or near the property line or immediately inside the building or
facility being served but, in all cases, before the first branch line
leading off the service line, as follows:
D.
The design of the installation of an acceptable backflow
prevention device must be prepared in accordance with New York State
Laws and Regulations. The design must be approved by the Superintendent
and all agencies required by the applicable New York State and Cuba
Village Laws and Regulations.
E.
It shall be the duty of the property owner at any
premises where backflow prevention devices are installed to have certified
inspections and operational tests made at least once a year. In those
instances where the Superintendent deems the hazard to be great enough,
he may require certified inspections at more frequent intervals. Certified
inspections and operational tests must also be made when any backflow
prevention device is to be installed, repaired, overhauled or replaced
in addition to the requirement of an annual certified inspection and
operational test. All inspections and tests shall be at the expense
of the property owner and shall be performed by the device manufacturer's
representative, Cuba Village personnel or by a certified tester approved
by the Cuba Village Superintendent. Cuba Village shall make available
the names, addresses and telephone numbers of those persons which
are certified as testers for backflow prevention devices. It shall
be the duty of the Superintendent to see that certified inspections
and operational tests of the backflow prevention devices are made.
The property owner shall notify the Superintendent in advance, in
writing, when the tests are to be undertaken so that the Superintendent
or his representative may witness the tests if it is so desired. These
devices shall be repaired, overhauled or replaced at the expense of
the property owner whenever said devices are found to be defective.
Records of such tests, repairs and overhaul shall be kept and made
available to the Superintendent. Copies of all testing and maintenance
records shall be sent to the Superintendent immediately after the
work is performed.
F.
All presently installed prevention devices which do not meet the requirements of this section but were approved devices for the purposes described herein at the time of installation and which have been properly maintained shall, except for the inspection and maintenance requirements under Subsection E, be excluded from the requirements of these rules so long as the Superintendent is assured that they will satisfactorily protect the water system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this section.
G.
No water service connection to any property owner's
water system shall be installed or maintained by Cuba Village unless
the water supply is protected as required by state laws and regulations
and this Part 2. Service of water to any premises shall be discontinued
by Cuba Village if a backflow prevention device required by this Part
2 is not installed, tested and maintained, or if it is found that
a backflow prevention device has been removed or bypassed. Service
will not be restored until such conditions or defects are corrected.
In lieu of discontinuing water service to the premises, the Superintendent,
in his sole discretion, may install said device or devices if necessary
to protect the public potable water supply.
A.
A violation of the provisions of § 195-43 of this Part 2 is a misdemeanor punishable by a fine not to exceed $1,000 or by imprisonment not exceeding six months, or by both such fine and imprisonment. In lieu of or in addition to such fine and imprisonment or both, each such violation shall be subject to a civil penalty not exceeding $1,000 for any one case, to be recovered in an action or proceeding brought by the Village Attorney of Cuba Village in a court of competent jurisdiction. Each day of a continuing violation shall be subject to a separate such fine, imprisonment or civil penalty.
B.
The Village Attorney may maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with this Part 2 or restrain by injunction any violation of this Part 2, notwithstanding the provisions of Subsection A hereof for a penalty or other punishment.
C.
Where any violation of this Part 2 causes expense
to the Village, such violation may also be punishable by a civil suit
against the violator, brought by the Village Attorney of Cuba Village
in the name of the Village in a court of competent jurisdiction, to
recover such additional cost.
