Village of Suffern, NY Article III Cross-Connection Controls

[Adopted 3-7-2011 by L.L. No. 4-2011]

§ 261-32 Purpose; state regulations; interpretation.

A. The purpose of these regulations is to safeguard potable water supplies by preventing backflow into public water systems.

B. Regulations of the State of New York, Part 5.1-31(a)(2), require that when a supplier of water instructs the user of a public water supply to protect his water service connection by the installation of a protective device, plans for the installation of the protective device must be submitted to the supplier of water and to the state for approval.

C. The regulations are to be reasonably interpreted. It is the intent of these regulations to recognize that there are varying degrees of hazard and to apply the principle that the degree of protection should be commensurate with the degree of hazard.

§ 261-33 Definitions.

As used in this article, the following terms shall have the meanings indicated:

AIR GAP SEPARATION

A physical break between a supply pipe and a receiving vessel. The air gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, in no case less than one inch.

APPROVED CHECK VALVE

A check valve that seats readily and completely. It must be carefully machined to have free moving parts and assured watertightness. The face of the closure element and valve seat must be bronze composition or other noncorrodible material which will seat tightly under all prevailing conditions of field use. Pins and bushing shall be of bronze or other noncorrodible, nonsticking material, machined for easy, dependable operation. The closure element, e.g., clapper, shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable.

APPROVED DOUBLE CHECK VALVE ASSEMBLY

An assembly of at least two independently acting check valves, including tightly closing shutoff valves on each side of the check valve assembly, and suitable leak detector drains plus connections available for testing the water tightness of each check valve. This device must be approved as a complete assembly.

APPROVED REDUCED-PRESSURE-PRINCIPLE BACKFLOW PREVENTION DEVICE

A device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, two shutoff valves, and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two check valves less than the pressure on the public water supply side of the device.

A. At cessation of normal flow, the pressure between check valves shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere, thereby providing an air gap in the device. To be approved, these devices must be readily accessible for maintenance and testing and installed in a location where no part of the valve will be submerged. The enclosure must be self-draining, so that the large amount of water which the relief valve may vent will be disposed of reliably without submergence of the relief valve.

B. This device must also be approved as a complete assembly.

APPROVED WATER SUPPLY

Any water supply approved by the New York State Department of Health.

AUXILIARY SUPPLY

Any water supply on or available to the premises other than the approved public water supply.

BAROMETRIC LOOP

A loop of pipe rising approximately 35 feet, at its topmost point, above the highest fixture it supplies.

CERTIFIED BACKFLOW PREVENTION DEVICE TESTER

A person who has a certificate issued by the State of New York Department of Health for a backflow prevention device tester. He or she shall be provided with an appropriate identification card which must be renewed every three years. Failure to perform his or her duties competently and conscientiously will result in prompt withdrawal of his or her authority.

CROSS-CONNECTION

Any unprotected connection between any part of a water system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as equally safe, wholesome, and potable for human consumption.

VACUUM BREAKER, NON-PRESSURE TYPE

A vacuum breaker which is designed so as not to be subjected to static line pressure.

VACUUM BREAKER, PRESSURE-TYPE

A vacuum breaker designed to operate under conditions of static line pressure.

WATER SUPERVISOR

The consumer or a person on the premises charged with the responsibility of complete knowledge and understanding of the water supply piping within the premises and for maintaining the consumer's water system free from cross-connection and other sanitary defects, as required by regulations and laws.

§ 261-34 Protection of public water system at service connection.

A. Where protection is required.

(1) Each service connection from a public water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system, unless the auxiliary water supply is approved as an additional source by the water purveyor and is satisfactory to the public health agency having jurisdiction with regard to quality and safety. Notwithstanding the foregoing, it is expressly prohibited and illegal to allow any well water not under the control of the Village within the Village of Suffern.

(2) Each service connection from a public water system for supplying water to premises on which any substance is handled under pressure in such fashion as to permit entry into the water system shall be protected against backflow of the water from the premises into the public waters and waters originating from the public water supply system which may have been subject to deterioration in sanitary or chemical quality.

(3) Each service connection from a public water system for supplying water to premises on which a substance of unusually toxic concentration or danger to health is handled in liquid form, even though it is not under pressure, shall be protected against backflow of the water from premises into the public system. Examples are hospitals and plating factories using cyanide. This is not intended to apply to normal household installations.

(4) Backflow prevention devices shall be installed on the service connection to any premises that have internal cross-connections, unless such cross-connections are abated to the satisfaction of the water purveyor. It shall be the responsibility of the water user to provide and maintain these protective devices, and each one must be of a type acceptable to the State Health Department.

B. Type of protection. The protective device required shall depend on the degree of hazard as tabulated below.

(1) At the service connection to any premises where there is an auxiliary water supply handled in a separate piping system with no known cross-connection, the public water supply shall be protected by an approved double-check valve assembly.

(2) At the service connection on any premises on which there is an auxiliary water supply where cross-connections are known to exist which cannot be presently eliminated, the public water supply system shall be protected by an air gap separation or an approved reduced-pressure-principle backflow prevention device.

(3) At the service connection to any premises on which a substance that would be objectionable but not necessarily hazardous to health if introduced into the public water supply is handled so as to constitute a cross-connection, the public water supply shall be protected by an approved double-check valve assembly.

(4) At the service connection to any premises on which a substance of unusual toxic concentration or danger to health is or may be handled, but not under pressure, the public water supply shall be protected by an air gap separation or an approved reduced-pressure-principle backflow prevention device. This device shall be located as close as practicable to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible.

(5) At the service connection to any premises on which any material dangerous to health, or toxic substance in toxic concentration, is or may be handled under pressure, the public water supply shall be protected by an air gap separation. The air gap shall be located as close as practicable to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot reasonably be met, the public water supply shall be protected with an approved reduced-pressure-principle backflow prevention device, providing the alternative is acceptable to the water purveyor.

(6) At the service connection to any sewage treatment plant or sewage pumping station, the public water supply shall be protected by an air gap separation. The air gap shall be located as close as practicable to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot be reasonably met, the public water supply shall be protected with an approved reduced-pressure-principle backflow prevention device.

C. Frequency of inspection of protective devices.

(1) It shall be the duty of the water user on any premises on account of which backflow protective devices are installed to have competent inspections made at least once a year, or more often in those instances where successive inspections indicate repeated failure. These devices shall be repaired, overhauled or replaced at the expense of the water user whenever they are found to be defective. These tests shall be performed by a qualified backflow prevention tester, and all test results will be provided to the water purveyor within 72 hours after the test is made.

(2) Records of such tests, repairs, and overhaul shall also be kept and made available to the water purveyor and the local Health Department upon request.

§ 261-35 Protection of potable water system within premises.

A. Separate drinking water systems. Whenever the Chief Operator of Water Distribution or Director of Public Works determines that it is not practical to protect drinking water systems on premises against entry of water from a source or piping system or equipment that cannot be approved as safe or potable for human use, an entirely separate drinking water system shall be installed to supply water at points convenient for consumers.

B. Fire systems. Water systems for fighting fire, derived from a supply that cannot be approved as safe or potable for human use, shall, wherever practicable, be kept wholly separate from drinking water pipelines and equipment. In cases where the domestic water system is used for both drinking and fire-fighting purposes, approved backflow prevention devices shall be installed to protect such individual drinking water lines as are not used for fire-fighting purposes. Any auxiliary fire-fighting water supply which is not approved for potable purposes but which is so connected that it may be introduced into potable water piping during an emergency shall be equipped with an approved automatic chlorination machine. It is hereby declared that it is the responsibility of the person or persons causing the introduction of said unapproved or unsafe water into the pipelines to see that a procedure is developed and carried out to notify and protect users of this piping system during the emergency and that special precautions are taken to disinfect thoroughly and flush out all pipelines which may become contaminated before they are again used to furnish drinking water. In the event the means of protection of water consumers is by disinfection of the auxiliary fire-fighting supply, the installation and its use shall be thoroughly reliable. The public water supply must be protected against backflow from such dual domestic fire systems, as detailed in Article II of this chapter.

C. Process waters.

(1) Potable water pipelines connected to equipment for industrial processes or operations shall be protected by a suitable backflow prevention device located beyond the last point from which drinking water may be taken, which device shall be provided on the feed line to process piping or equipment.

(2) In the event the particular process liquid is especially corrosive or apt to prevent reliable action of the backflow prevention device, air gap separation shall be provided. These devices shall be tested by the water user at least once a year or more often in those instances where successive inspections indicate repeated failure. The devices shall be repaired, overhauled or replaced whenever they are found to be defective. These tests must be performed by a qualified backflow prevention device tester, and records of tests, repairs, and replacement shall be kept and made available to the water purveyor and the Health Department upon request.

D. Sewage treatment plants and pumping stations. Sewage pumps shall not have priming connections directly off any drinking water systems. No connections shall exist between the drinking water system and any other piping, equipment, or tank in any sewage treatment plant or sewage pumping station.

E. Plumbing connections.

(1) Where the circumstances are such that there is special danger to health by the backflow of sewage, as from sewers, toilets, hospital bedpans and the like, into a drinking water system, a dependable device or devices shall be installed to prevent such backflow.

(2) The purpose of these regulations is not to transcend local plumbing regulations but only to deal with those extraordinary situations where sewage may be forced or drawn into the drinking water piping. These regulations do not attempt to eliminate at this time the hazards of back siphonage through Flushometer™ valves on all toilets but deal with those situations where the likelihood of vacuum conditions in the drinking water system is definite and there is special danger to health. Devices suited to the purpose of avoiding back siphonage from plumbing fixtures are roof tanks, barometric loops or separate pressure systems separately piped to supply such fixtures, recognized approved vacuum or siphon breakers and other backflow protection devices which have been proved by appropriate tests to be dependable for destroying the vacuum.

(3) Inasmuch as many serious hazards of this kind are due to water supply piping which is too small, thereby causing vacuum conditions when fixtures are flushed or water is drawn from the system in other ways, it is recommended that water supply piping that is too small be enlarged whenever possible.

F. Marking safe and unsafe waterlines.

(1) Where the premises contain dual or multiple water systems and piping, the exposed portions of pipelines shall be painted, banded or marked at sufficient intervals to distinguish clearly which water is safe and which is not safe. All outlets from secondary or other potentially contaminated systems shall be posted as being contaminated and unsafe for drinking purposes. All outlets intended for drinking purposes shall be plainly marked to indicate that fact.

(2) Water supervisor. The local Health Department and the water purveyor shall be kept informed of the identity of the person responsible for the water piping on all premises concerned with these regulations. At each premises where it is necessary in the opinion of the water purveyor, a water supervisor shall be designated. This water supervisor shall be responsible for the installation and use of pipelines and equipment and for the avoidance of cross-connections.

(3) In the event of contamination or pollution of the drinking water system due to a cross-connection on the premises, the local health officer and water purveyor shall be promptly advised by the person responsible for the water system so that appropriate measures may be taken to overcome the contamination.

§ 261-36 Recourse for noncompliance.

A. 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 regulations and this article.

B. Service of water to any premises may be discontinued by the water purveyor if a backflow prevention device required by this article and regulations is not installed, tested, and maintained; if any defect is found in an installed backflow prevention device; if it is found that a backflow prevention device has been removed or bypassed; or if unprotected cross-connections exist on the premises, and service will not be restored until such conditions or defects are corrected.

§ 261-37 Contents of application.

All applications must be accompanied by plans, specifications and an engineer's or architect's report describing the project in detail. The application must be signed by a New-York-State-registered professional engineer or architect. The project must first be submitted to the water supplier, who will forward it to the local public health engineer. This form must be prepared in quadruplicate with four copies of all plans, specifications and descriptive literature. Electronic versions of this information may be submitted.

§ 261-38 Examples of cross-connection hazards.

The following is an example list of facilities that are especially likely to have cross-connection hazards. The list is not intended to be all-inclusive.

A. Automotive plants.

B. Auxiliary water systems such as wells.

C. Beverage-bottling plants.

D. Breweries.

E. Food-processing plants.

F. Chemical plants and plating facilities.

G. Film laboratories.

H. Hospitals, medical buildings, sanitariums, morgues and mortuaries.

I. Irrigation systems.

J. Laundries and dye works.

K. Meat-packing plants.

L. Metal manufacturing, cleaning and fabricating plants.

M. Radioactive material production or research plants.

N. Restricted, classified or other facilities closed to the public.

O. Sewage.

P. Buildings heated by boilers where treatment chemicals are used.

Q. Building with certain types of air-conditioning systems.

R. Printing operations.

S. Furniture stripping.

T. Lawn care services.

U. Fire hydrants not under the control of the public water supplier.

§ 261-39 Penalties for offenses.

A. Any person who shall violate any provisions of this chapter shall be punished as provided in § 261-23 of this chapter.

B. Termination of service.

(1) In addition, upon determination of the Superintendent of Public Works that a violation of this chapter has occurred, the Superintendent of Public Works shall notify in writing the owner of the affected premises by first-class mail at the last known address of such person, setting forth specifically that water service may be terminated if the violation is not corrected. If the violation is not rectified within the time provided in said notice, the Superintendent of Public Works may cause a notification of termination of water service to be served on the property owner and occupants in the same manner setting forth the date of termination, at least 20 days hence.

(2) The notice of termination shall state that the owner or occupant of the affected premises shall be entitled to a due process fair hearing, prior to the termination of service. The owner or occupant of the premises which will be affected by the termination of service shall notify the Village Clerk that they request a fair hearing prior to the termination of service. Said notification of the Village Clerk shall be in writing and shall be delivered to the Village Clerk within 10 days of the receipt of the notice that the water services will be terminated. The Board of Trustees shall hear said appeal or may designate a hearing officer. Said hearing and decision must be finalized prior to the termination of any water service by the Village Water Department.