For purposes of this article, the following definitions shall
apply:
A backwater prevention device of a type that has been categorically approved by the Superintendent. As used in this article, the term "ABPD" shall include all alternate remedies approved by the Town Board under § 100-58.
1) A connection to the public sewer that, because of the
characteristics of the sewer and topography, has been identified by
the Superintendent as a connection that requires a backwater valve
and 2) the property owner of the residence served by the connection
has been mailed a written notice from the Superintendent that the
connection has been so designated. Upon mailing, the connection is
a designated connection for the life of the connection, regardless
of whether the ownership of property changes, unless the Superintendent
later determines that the public sewer has been upgraded sufficiently
so that the backwater valve is no longer necessary.
Installed by a licensed contractor or plumber in accordance with § 100-60 of this article.
Each designated connection must have a properly installed and
maintained ABPD sufficient to prevent sewage backups. Notwithstanding
the foregoing, the Town Board, in its discretion, can waive this requirement,
provided that the property owner cooperates with the Town Board and
the Superintendent to develop an alternate remedy sufficient to prevent
sewage backups. Such alternate remedy must be approved by the NYSDEC.
On a schedule determined by the Superintendent, the Superintendent
will mail notices to property owners of residences served by designated
connections. The notice will be deemed received three days after mailing.
The notice shall contain a prominently displayed deadline date for
installation of the ABPD at the property owner's designated connection.
This deadline (the "deadline date") shall be no earlier than six months
after the mailing of the notice. The Superintendent may extend the
deadline date, but in no event will the extension exceed an additional
60 days.
The ABPD shall be installed by a licensed contractor or plumber
in accordance with standards and following an inspection protocol
established by the Superintendent. The ABPD shall be installed either
1) outside the residence being served by the ABPD or 2) within the
residence, whichever location is determined by the Superintendent
to best prevent sewage backups. ABPDs shall be installed so that the
working parts are readily accessible at all times for service and
repair.
The property owner of the residence served by the designated
connection shall maintain all backwater prevention devices installed
on the property owner's property. Periodic testing procedures
and inspection schedules shall be established by the Superintendent
for all ABPDs. Inspection intervals should not exceed one year, and
overhaul intervals should not exceed five years. ABPDs shall be repaired,
overhauled, or replaced at the property owner's expense whenever
they are found to be defective.
Owners shall allow the Superintendent to access all ABPDs with
prior notice, at such reasonable times as may be necessary in order
for the Superintendent to determine the property owner's compliance
with this article.
The Superintendent is authorized to offer an ABPD program to
property owners of residences served by designated connections to
install an ABPD in their designated connection in accordance with
this section. Said ABPD program may include reasonable rebate, reimbursement,
or other mechanisms as established by the Superintendent and approved
by the Town Board. The maximum amount of the rebate or reimbursement
per property will be the same for all designated connections in an
amount set by resolution of the Town Board. Said maximum amount may
be increased or decreased from time to time by resolution of the Town
Board. In no event will the rebate or reimbursement exceed actual
costs incurred by the property owner in installing the ABPD. Although
the ABPD program described in this section is intended to help property
owners install ABPDs, the property owner of the residence served by
the designated connection is ultimately responsible for the cost and
installation of the ABPD.
