[Adopted 5-24-1993 by L.L. No. 1-1993]
This article shall be known as the "Water Cross-Connection Control
Law of the Village of Buchanan."
The intent of this article is:
A.
To protect the public potable water supply served by the Village
of Buchanan Water Department and any and all water districts within
the Village, hereinafter referred to as the "districts," from the
possibility of contamination or pollution which could backflow or
back-siphon into the public water system.
B.
To promote the elimination or control of existing cross-connections,
actual or potential, between its customers' in-plant potable water
system and nonpotable systems.
C.
To provide for the maintenance of a continuing program of cross-connection
control which will effectively prevent the contamination or pollution
of all potable water systems by cross-connection.
Pursuant to the Federal Safe Drinking Water Act of 1974[1] and statutes promulgated in Article 2 of the Public Health
Law and in Part 5, Section 5-1.31, of the State Sanitary Code (10
NYCRR Part 5), the New York State Department of Health has undertaken
a program for preventing water from unapproved sources from entering
the public potable water system. Subpart 5-1 of the State Sanitary
Code, Section 5-1.32, requires that the supplier of all public water
shall protect the public water system by containing potential contamination
within the premises of each individual water user.
[1]
Editor's Note: See 42 U.S.C. § 300f et seq.
A.
The districts shall be responsible for the protection of the public
potable water distribution system from contamination or pollution
due to the backflow or back-siphon of contaminants or pollutants through
the water service connection and any other piping system within the
premises. If, in the judgment of the district, an approved backflow
device is required at the Village's water service connection to any
customer's premises, the district or its delegated agent shall give
notice, in writing, to said customer to install an approved backflow-prevention
device at each service connection to said premises. The customer shall,
within 90 days, install such approved device or devices at his own
expense, and failure or refusal or inability on the part of the customer
to install said device or devices within 90 days shall constitute
grounds for discontinuing water service until such device or devices
have been properly installed. Hazardous conditions shall be addressed
immediately.
B.
The following measures shall be required by each water user based
on the potential hazard to the public water supply system:
(1)
An approved backflow-prevention device such as air gap, reduced-pressure-zone
device, double-check valve assembly or approved equivalent protective
device shall be installed in potential backflow conditions depending
on the degree of hazard posed by a service connection.
(2)
Users shall submit an application, on a form approved by the State
of New York Department of Health plans for the installation of protective
devices, to the district for approval.
As used in this article, the following terms shall have the
meanings indicated:
A physical separation sufficient to prevent backflow between
the free-flowing discharge end of the potable water system and any
other system; physically defined as a distance equal to twice the
diameter of the supply side pipe diameter, but never less than one
inch.
Accepted by the Village of Buchanan Water Department or any
water district within the Village, meeting an applicable specification
stated or cited in this regulation or as suitable for the proposed
use.
A device which prevents back-siphonage by creating an atmospheric
vent when there is either a negative pressure or subatmospheric pressure
in a water system.
Any water supply on or available to the premises other than
the purveyor's approved public potable water supply.
The flow of water or other liquids, mixtures or substances
and/or positive or reduced pressure in the distribution pipes of a
potable water supply from any source other than its intended source.
A device or means designed to prevent backflow or back-siphonage.
Most commonly categorized as air gap, reduced-pressure-principle device,
double-check valve assembly, pressure vacuum breaker, atmospheric
vacuum breaker, hose bibb vacuum breaker, residential dual check,
double check with intermediate atmospheric vent and barometric loop.
A condition in which the owner's system pressure is greater
than the supplier's system pressure.
The flow of water or other liquids, mixtures or substances
into the distribution pipes of a potable water supply system from
any source other than its intended source, caused by a sudden reduction
of pressure in the potable water supply system.
A fabricated piping arrangement rising at least 35 feet at
its topmost point above the highest fixture it supplies. It is utilized
in water supply systems to protect against back-siphonage.
A method of backflow prevention which requires a backflow-preventer
device at the water service entrance immediately after the water meter
or, in the event of no meter, immediately after the point of entry.
Any physical, chemical, microbiological or radiological substance
or matter in water.
Any actual or potential connection between the public water
supply and a source of contamination or pollution.
The State of New York Health Department and its agent, the
Westchester County Department of Health.
Village of Buchanan Water Department or any water district
within the Village.
An assembly of two independently operating spring-loaded
check valves with tightly closing shutoff valves on each side of the
check valves, plus properly located test cocks for the testing of
each check valve.
A device having two spring-loaded check valves separated
by an atmospheric vent chamber.
A method of backflow prevention in which a backflow preventer
is located to correct a cross-connection at an in-plant location rather
than at a water service entrance.
A device which is permanently attached to a hose bibb and
which acts as an atmospheric vacuum breaker.
Any person or persons who have a legal title to or license
to operate or inhabit a property upon which a cross-connection is
present.
A document issued by the district which allows the use of
a backflow preventer. A permit to construct and a completed works
permit is also required from the State of New York Department of Health.
Any individual, partnership, company, public or private corporation,
political subdivision or agency of the State Department, agency or
instrumentality of the United States or any other legal entity.
A foreign substance that, if permitted to get into the public
water system, will degrade its quality so as to constitute a moderate
hazard or impair the usefulness or quality of the water to a degree
which does not create an actual hazard to the public health but which
does adversely and unreasonably affect such water for domestic use.
A device containing one or two independently operated spring-loaded
check valves and an independently operated spring-loaded air inlet
valve located on the discharge side of the check or checks. "Device"
includes tightly closing shutoff valves on each side of the check
valves and properly located test cocks for the testing of the check
valves.
An assembly consisting of two independently operating approved
check valves with an automatically operating differential relief valve
located between two check valves, tightly closing shutoff valves on
each side of the check valves, plus properly located test cocks for
the testing of the check valves and the relief valve.
The point in the owner's water system beyond the sanitary
control of the district; generally considered to be the outlet end
of the water meter and always before any unprotected branch.
The Village Engineer or his delegated representative in charge
of the Buchanan Water Department is invested with the authority and
responsibility for the implementation of a cross-connection control
program and for the enforcement of the provisions of this article.
A.
The district will operate a cross-connection control program to include
the keeping of necessary records, which fulfills the requirements
of the Department of Health's cross-connection regulations and testing
of backflow-prevention equipment.
B.
The owners shall allow their property to be inspected for possible
cross-connections and shall follow the provisions of the district's
program and the Department of Health if a cross-connection is permitted.
C.
If the district requires that the public supply be protected by containment,
the owners shall be responsible for water quality beyond the outlet
end of the containment device and should utilize fixture outlet protection
for that purpose.
D.
The owners shall be responsible to have a currently licensed New
York State engineer certify that the installation is in accordance
with the approved plans and a certification from an approved tester
that the installation is working as designed and approved. Certifications
shall be provided on New York State Department of Health approved
forms.
A.
District.
(1)
The district will not allow any cross-connection to remain unless
it is protected by an approved backflow preventer for which a permit
has been issued and which will be regularly tested to ensure satisfactory
operation. On new installations, the district will provide on-site
evaluation and/or review of plans in order to determine the type of
backflow preventer, if any, that will be required. Plans shall be
signed and sealed by a currently licensed New York State professional
engineer. The owners, after receiving approval of the backflow-prevention
device from the district, shall submit an application to the State
of New York Department of Health to obtain a permit to construct.
The work shall be completed within 90 days from receipt of the permit
to construct issuance. After completion of installation of the backflow-prevention
device, the owners shall apply for a completed works permit by submitting
to the State of New York Health Department a certification from the
engineer which states that the installation of the work is in compliance
with the approved plans. The owners shall also submit a certification
from an approved tester of backflow-prevention devices that the installation
was tested and is working as designed and approved and in accordance
with the intent of these regulations.
(2)
For premises existing prior to the start of this program, the district
will perform evaluations and review of plans and/or inspection of
premises and inform the owners, by letter, of any corrective action
deemed necessary, the method of achieving the correction and the time
allowed for the correction to be made. Ordinarily, 90 days will be
allowed; however, this time period may be shortened by the district
depending upon the degree of hazard involved and the history of the
device(s) in question.
(3)
The district shall inform the owners, by letter, of any failure to
comply by the time of the first reinspection.
(4)
The district will allow an additional 15 days for the correction.
In the event that the owners fail to comply with the necessary correction
by the time of the second reinspection, the district will inform the
owners, by letter, that the water service to the owners' premises
will be terminated within a period not to exceed five days. In the
event that the owners inform the district of extenuating circumstances
as to why the correction has not been made, a time extension may be
granted by the district but in no case will exceed an additional 30
days.
(5)
If the district determines at any time that a serious threat to the
public health exists, the water service will be terminated immediately.
If the district determines that terminating water service is not feasible,
the owners will be subject to fines listed in another section of this
article.
(6)
The district shall have on file a list of private contractors who
are certified backflow device testers. The owners are responsible
for all costs associated with the installation of backflow-prevention
devices.
(7)
The district will begin initial premises inspections to determine
the nature of existing or potential hazards following the approval
of this program by the Village Board of the Village of Buchanan. Initial
focus will be on high-hazard industries and commercial premises.
B.
Owners.
(1)
The owners shall be responsible for the elimination or protection
of all cross-connections on their premises.
(2)
The owners, after having been informed by a letter from the district,
shall, at their expense, install, maintain and test or have tested
any and all backflow preventers on their premises.
(3)
The owners shall inform the district of any proposed or modified
cross-connections of which the owners are aware but have not been
found by the district.
(4)
The owners shall not install a bypass around any backflow preventer
unless there is a backflow preventer of the same type on the bypass.
Owners who cannot shut down operation for testing of the device(s)
must supply additional devices necessary to allow testing to take
place.
(5)
The owners shall install backflow preventers in a manner approved
by the district.
(6)
The owners shall install only backflow preventers which are shown
on a State of New York Department of Health list of approved backflow-prevention
devices.
(7)
Any owners having a private well or other private water source must
have a permit if the well or source is cross-connected to the district's
system. Permission to cross-connect may be denied by the district.
The owners may be required to install a backflow preventer at the
service entrance if a private water source is maintained, even if
it is not cross-connected to the district's system.
(8)
In the event that the owners install plumbing to provide potable
water for domestic purposes which is on the district's side of the
backflow preventer, such plumbing must have its own backflow preventer
installed.
(9)
The owners shall be responsible for the payment of all permit fees,
penalties, annual or semiannual device testing, retesting in the case
that the device fails to operate correctly and second reinspections
for noncompliance with district and Department of Health requirements.
A.
The district recognizes the threat to the public water system arising
from cross-connections. All threats will be classified by degree of
hazard and will require the installation of approved reduced-pressure-principle
backflow-prevention devices (RPZ) or double-check valves (DCV).
B.
To achieve containment, an acceptable backflow-prevention device
must be installed in every service connection to a facility.
C.
The degree of hazard shall be determined by the district by the use
of guidelines in the Public Water Supply Guide Cross-Connection Control
Manual, published by the New York State Department of Health, dated
1981, or any revisions or amendments thereto.
D.
Three categories will be considered when determining the degree of
hazard posed by a facility and making subsequent determinations of
the type of protective device required. They are:
E.
Based on degree of hazard determinations, a facility will be rated
as either hazardous, aesthetically objectionable or nonhazardous.
F.
A hazardous facility must be contained through the use of a RPZ or
an air gap.
G.
An aesthetically objectionable facility must be contained through
the use of a DCV.
H.
Hazardous, aesthetically objectionable and nonhazardous rated facilities
should be protected through an internal plumbing control program to
ensure that plumbing cross-connections inside a facility are adequately
protected or eliminated. The internal control program will be the
coordinated effort between the district and the Village of Buchanan's
Building Department to eliminate all existing internal cross-connections
and prevent future cross-connections.
I.
It is not possible to list every circumstance and facility that may
be encountered by the district while evaluating users. The district,
while evaluating a facility, will rely on experience, assistance from
local Health Department officials and the Cross-Connection Control
Program Manual.
The following partial listing gives examples of the types of
facilities which will require an acceptable RPZ or air gap to be installed
in the service connection to the public water distribution system:
|
Type of Facility
|
Potential Hazard
|
|---|---|
|
Sewage and industrial wastewater treatment plants and pumping
stations, sewer flushers, etc.
|
Sewage and industrial wastewater, contaminated water, toxic
chemicals, etc.
|
|
Paper manufacturing or processing, dye plants, petroleum processing,
printing plants, chemical manufacturing or processing, industrial
fluid systems, steam generation, rubber processing or tanneries
|
Toxic chemicals, water-conditioning compounds (Examples: toxic
dyes, acids, alkalies, solvents, quaternary ammonia compounds, mercury,
chromium, etc.)
|
|
Canneries, breweries, food processing, milk processing, ice
manufacturing, meat packers, poultry processing, rendering companies,
etc.
|
Process wastewater, steam, detergents, acids, caustics or refrigeration
lines
|
|
Hospitals, clinics, laboratories, veterinary hospitals, mortuaries,
embalmers, etc.
|
Bacterial cultures, laboratory solutions, blood and tissue waste,
toxic materials, etc.
|
|
Shipyards, marinas, etc.
|
Sea water, sewage, contaminated water, etc.
|
|
Metal-plating, photo-processing, laundries, commercial car washes,
commercial refrigeration systems, dry-cleaning establishments, etc.
|
Toxic chemicals, concentrated cleaning agents, solvents, etc.
(Examples: cyanides, fluorides, copper, chromium, caustic and acid
solutions, etc.)
|
|
Commercial greenhouses, spraying and irrigation systems using
weedicides, herbicides or exterminators
|
Toxic chemicals (Examples: ammonium salts, phosphates, 2.4D
sodium arsenite, lindane, malathion, etc.)
|
|
Boiler systems, cooling towers or internal fire-fighting systems
using conditioners, inhibitors, corrosion-control chemicals, etc.
|
Toxic chemicals (Examples: hydrazine, sodium compounds, antifreeze
solutions, etc.)
|
|
Typically: apartment buildings, cooling towers, warehouses
|
The following partial listings are examples of the types of
facilities which will require an acceptable DCV to be installed in
the service connection to the public water distribution system:
|
Type of Facility
|
Potential Hazard
|
|---|---|
|
Customer fire-protection loops or fire storage tanks, with no
chemical additives
|
Stagnant water, objectionable tastes, odors
|
|
High-temperature potable water
|
Objectionable temperatures
|
|
Utilization of food-grade dyes
|
Objectionable color
|
|
Complex plumbing systems in commercial buildings
Typically: barbershops, beauty salons, churches, apartment buildings,
gas stations, supermarkets, nursing homes, construction sites or carnivals
|
Plumbing errors, obsolete plumbing equipment or poor plumbing
inspection/correction programs
|
The containment approach does not apply. The following partial
listing indicates the type of facility that would qualify:
|
Type of Facility
|
Potential Hazard
|
|---|---|
|
Private homes
|
None; rely on internal plumbing control
|
|
Dry commercial establishments without complex plumbing systems
|
None; rely on internal plumbing control
|
A.
The district shall not permit a cross-connection within the public
water supply system unless it is considered necessary, and it cannot
be eliminated.
B.
Application fees are required by the district to administer this
program. A schedule of fees is attached to these regulations that
lists initial and renewal fees for permits required under these regulations.
C.
Permits shall be renewed every year and are nontransferable. Permits
are subject to revocation and become immediately revoked if the owners
should so change the type of cross-connection or degree of hazard
associated with the service.
D.
A permit is not required when fixture isolation is achieved with
the utilization of a nontestable backflow preventer.
Any existing backflow preventer shall be allowed by the district
to continue in service unless the degree of hazard is such as to supersede
the effectiveness of the present backflow preventer or result in an
unreasonable risk to the public health. Where the degree of hazard
has increased, as in the case of a residential installation converting
to a business establishment, any existing backflow preventer must
be upgraded to a reduced-pressure-principle device or a reduced-pressure-principle
device must be installed in the event that no backflow device was
present.
A.
Reduced-pressure-principle backflow devices shall be tested and inspected
as required.
B.
Periodic testing shall be performed by the owner's certified tester
and results forwarded to the district. This testing will be done at
the owner's sole expense.
C.
Any backflow preventer which fails during a periodic test will be
repaired or replaced. When repairs are necessary, upon completion
of the repair, the device will be retested at the owner's expense
to ensure correct operation. High-hazard situations will not be allowed
to continue unprotected if the backflow preventer fails the test and
cannot be repaired immediately. In other situations, a compliance
date of not more than 30 days after the test date will be established.
The owners are responsible for spare parts, repair tools or a replacement
device. Parallel installation of two devices is an effective means
of the owner ensuring uninterrupted water service during testing or
repair of devices and is strongly recommended when the owner desires
such continuity.
D.
Backflow-prevention devices will be tested more frequently than specified
where there is a history of test failures and the district feels that,
due to the degree of hazard involved, additional testing is warranted.
Cost of the additional tests will be borne by the owners.
A.
Effective the date of the acceptance of this cross-connection control
program for the Village of Buchanan, all new residential buildings
will be required to install a residential dual-check assembly immediately
downstream of the water meter. Installation of this residential dual-check
assembly on the retrofit basis on existing service lines will be instituted
at a time and at a potential cost to the homeowner as deemed necessary
by the district.
B.
The owners must be aware that installation of a residential dual-check
assembly results in a potential closed plumbing system within the
residence. As such, provisions may have to be made by the owners to
provide for thermal expansion within the closed-loop system, i.e.,
the installation of thermal expansion devices and/or pressure relief
valves.
The district strongly recommends that all new retrofit installations
of reduced-pressure-principle devices and double-check valve backflow
preventers include the installation of strainers located immediately
upstream of the backflow device. The installation of strainers will
preclude the fouling of the backflow devices due to both foreseen
and unforeseen circumstances occurring to the water supply system
such as water main repairs, water main breaks, fires, periodic cleaning
and flushing of mains, etc. These occurrences may stir up debris within
the water main that will cause fouling of backflow devices installed
without the benefit of strainers.
All testers of backflow-prevention devices shall be approved
by the New York State Department of Health. Prior to performing certification
tests in the Village of Buchanan, each backflow-prevention device
tester must demonstrate to the Village Engineer and/or the foreman
of the district that he/she is currently authorized to conduct such
tests as approved by the Department of Health.
The district will publish a list of fees or charges for the
following services or permits:
A.
Initial application and renewal fees.
A.
Any person violating any provision of this article shall be guilty
of a violation and, upon conviction thereof, shall be punished by
a fine not to exceed the sum of $250 and/or imprisonment for no more
than 15 days, or both. Each day shall constitute a separate and distinct
offense, punishable by a like fine or penalty as herein set forth.
B.
Notwithstanding the penalties hereinabove provided, the Village of
Buchanan may maintain an action or proceeding in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
the violation of any provision of this article.
C.
The foregoing provisions for enforcement of the regulations in this
article are not exclusive but are in addition to any and all laws
applicable thereto.
If any clause, sentence, paragraph, section or part of this
article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in
the controversy in which such judgment shall have been rendered.
This article shall take effect immediately upon filing with
the Secretary of State.
