[Added 4-6-2020 by L.L. No. 1-2020]
As used in this chapter, the following terms shall have the
following meanings:
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 a minimum
of twice the diameter of the supply side pipe diameter but never less
than one inch.
Accepted by the Town or any water district within the Town,
meeting applicable specifications stated or cited in this regulation,
or as suitable for the proposed use.
A device which prevents backsiphonage 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.
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
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 backsiphonage.
Most commonly categorized as air gap, reduced pressure zone 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.
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 backsiphonage.
A New York State certified backflow prevention device tester.
A method of backflow prevention which requires a backflow
prevention 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 connection between a public water supply and a
potential source of contamination.
The State of New York Health Department and its agent, the
Orange County Department of Health.
Any water district within the Town.
An assembly of two spring-loaded check valves, a bypass with
water meter and double check valve, and two tightly closing OS&Y
gate valves.
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 who has a legal title to or license to operate
or habitat in a property upon which a cross-connection is present.
A document issued by the Town Building Inspector which allows
the use of a backflow preventer. A permit to construct and a completed
works approval may also be 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 or has the potential to 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. Such 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 Town of Monroe, its officials, employees, and authorized
agents.
The point in the owner's water system beyond the sanitary
control of the districts; generally considered to the outlet end of
the water meter and always before any unprotected branch.
A.
Backflow prevention devices shall be required for all users of Town
public water systems with the exception of the following:
B.
The following measures shall be required by each water user based
on the degree of hazard posed to the public water supply system:
(1)
Backflow devices shall be accomplished with an air gap, reduced-pressure-zone
device (RPZA), double check valve assembly, or equivalent protective
device as determined by the Building Department, Town Engineer, or
Orange County Department of Health.
(2)
Users shall submit the Orange County Department of Health approved
application to the Town's Building Department prior to installation.
(3)
All testable protective devices (DCVA and RPZA) require an initial test and annual testing when they are used in an irrigation system or when the use, activity, or situation may render a private residence equivalent to that of a commercial user, or establishes an equivalent degree of hazard when determined by the Building Inspector, Town Engineer or their designee. Copies of all testing reports shall be forwarded to the Town and OCDOH. Reporting requirements are listed in § 53-29A(3), Administration, herein. Such tests shall be conducted by certified backflow prevention device testers. Testers shall meet the requirements listed in § 53-37, Certified testers.
A.
The Town shall implement, administer and operate a cross-connection
control program in accordance with this chapter. Notwithstanding the
requirements of this chapter, the cross-connection control program
shall include the following requirements:
(1)
A protective device commensurate with the degree of hazard posed
by any service connection;
(2)
The user of such connections to submit plans for the installation
of protective devices to the supplier of water and/or the state for
approval; and
(3)
All testable protective devices are inspected and tested by a certified
backflow prevention device tester at the time of initial installation,
after each repair, and annually thereafter. Records of such tests
shall be made available to, reviewed by, and filed with the supplier
of water and/or Building Inspector. All protective device tests and
inspections shall be conducted by a certified backflow prevention
device tester ("tester").
B.
If the Town 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.
C.
The owners shall be responsible for having a 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 in accordance with the approved design. Certifications shall be
provided on New York State Department of Health approved forms.
D.
Records and reports.
(1)
Records. The Town Building Department will initiate and maintain
the following:
E.
Fees and charges. The Town Board will publish a list of fees for
the initial application and renewal fees as part of the Town Comprehensive
Fee Schedule.
The Town Building Inspector, or his or her designee, shall be
authorized to enforce this chapter and the cross-connection and backflow
protection requirements, specifications, guidelines, and facility
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 Town and available for review.
The owner shall, within 90 days after the authorization of this
article, install such approved device, or devices, at his or her own
expense. Failure or refusal or inability on the part of the owner
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.
A.
The owners shall be responsible for the elimination or protection
of all cross-connections on their premises.
B.
The owners, after having been informed by written notice from the
Town, shall, at their expense, install, maintain, and test, or have
tested, any and all backflow preventers on their premises.
C.
The owners shall correct any malfunction of the backflow preventer
which is revealed by periodic testing.
D.
The owners shall inform the Town of any proposed or modified cross-connections
of which the owners are aware but have not been found by the Town.
E.
The owners shall not install a bypass around any backflow preventer
unless there is a backflow preventer on the bypass providing equal
or greater protection. Owners who cannot shut down operation for testing
of the device(s) must supply additional devices necessary to allow
testing to occur.
F.
The owners shall install backflow preventers in a manner approved
by the Town or the Orange County Health Department as applicable.
G.
The owners shall install only backflow preventers which are shown
on the list generated by the University of Southern California Foundation
for Cross Connection Control and Hydraulic Research ("FCCHR").
H.
In the event that the owners install plumbing to provide potable
water for domestic purposes which is on the Town's side of the
backflow preventer, such plumbing must have its own backflow preventer
installed.
I.
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 Town and Department of Health requirements.
A.
The Town 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 (RPZA) or double check valves (DCVA).
To achieve containment, an acceptable backflow prevention device must
be installed in every service connection to a facility.
B.
The degree of hazard shall be determined by the Town, together with
the guidelines published by the New York State Department of Health
or any revisions or amendments thereto. Based on degree of hazard
determination, a facility shall be rated as either hazardous, aesthetically
objectionable, or nonhazardous. A hazardous facility shall be contained
through the use of an RPZA or an air gap. An aesthetically objectionable
facility shall be contained through the use of a DCVA. All 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 Town, Town Engineer, and the Town's
Water Department to eliminate all existing internal cross-connection
and prevent future cross-connections.
C.
The following 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:
D.
Hazardous facilities. The following nonexhaustive listing provides
examples of the types of facilities which will require an acceptable
RPZA 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, tanneries
|
Toxic chemicals, water conditioning compounds; examples: toxic
dyes, acids, alkalis, 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, 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, exterminators
|
Toxic chemicals; examples: ammonium salts, phosphates, 2,4 disodium
arsenide, lindane, malathion, etc.
|
|
Boiler systems, cooling towers or internal firefighting systems
using conditioners, inhibitors, corrosion control chemicals, etc.
Typically: apartment buildings, cooling towers, warehouses
|
Toxic chemicals; examples: hydrazine, sodium compounds, antifreeze
solutions, etc.
|
E.
Aesthetically objectionable facilities. The following nonexhaustive
listing provides examples of the types of facilities which will require
an acceptable DCVA to be installed in the service connection to the
public water distribution system:
|
Type of Facility
|
Potential Hazard
|
|---|---|
|
Customer fire protection loops, 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, carnivals
|
Plumbing errors, obsolete plumbing equipment, poor plumbing
inspection/correction programs
|
F.
Nonhazardous facilities. The containment approach does not apply.
The following nonexhaustive listing indicates the type of facility
that would qualify:
|
Type of Facility
|
Potential Hazard
|
|---|---|
|
Private homes not served by an outside private well supply
|
None; rely on internal plumbing control
|
|
Dry commercial establishments without complex plumbing systems
|
None; rely on internal plumbing control
|
G.
Irrigation systems. A double check valve assembly (DCVA) shall be
considered the minimum required protective device for irrigation systems
that are subject to flooding or back pressure/backsiphonage conditions
(underground lawn sprinklers, for example). A RPZA device shall be
required in all cases where chemicals or herbicides are injected into
the irrigation system.
H.
Hoses. A vacuum breaker shall be used any time a hose is connected
to hazardous material such as pesticides, herbicides, fertilizers,
detergents or other chemicals.
I.
Hydrant connections. The use of any hydrant of blowoff or similar
connection, other than for firefighting purposes, is strictly prohibited
by the water supplier unless prior written permission has been obtained
from the Town and a plan exists to show how adequate cross-connection
control will be provided. The plan must include the use of an RPZA
which must be fitted to the hydrant prior to allowing the water to
flow from the hydrant to any vehicle other than one approved to deliver
potable water (bulk hauler approved by the NYSDOH). The Town will
designate a specific hydrant to be used for such drafting of water.
A.
The Town shall not permit a cross-connection within the public water
supply system unless it is considered necessary, and it cannot be
eliminated.
B.
The Town Board shall determine the applicable permit fees at its
sole discretion.
C.
Permits shall be renewed every year and are nontransferable. Permits
are subject to revocation and become immediately revoked if the owner
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, e.g., dual check
valve.
Any existing backflow preventer shall be allowed by the Town
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 a certified backflow prevention
device tester as defined by Title 10 of the New York Code of Rules
and Regulations, Part 5, § 5-1.31. Testing results shall
be provided to the Town Building Department. Testing shall be 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, and upon completion
of the repair, the device shall 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 owner is responsible for spare parts, repair tools or a replacement
device.
D.
Backflow prevention devices will be tested more frequently than specified
where there is a history of test failures and the Town determines
that, due to the degree of hazard involved, additional testing is
warranted. Cost of the additional tests will be borne by the owners.
Installation of a residential dual check assembly may be required
on a retrofit basis on existing service lines and/or may be required
on new service lines as deemed necessary by the Town, and the potential
cost shall be borne by the homeowner.
All certified backflow prevention device testers shall be approved
by the New York State Department of Health. Prior to performing certification
tests in the Town, each certified backflow prevention device tester
must demonstrate to the Town Engineer and the Town Water Department
that he or she is currently authorized to conduct such tests as approved
by the Department of Health.
A.
Any person violating any provision of this article, as determined
by the Town's Building Inspector, 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 provided above, the Town 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 chapter.
C.
The foregoing provisions are not exclusive and are in addition to
any and all laws applicable thereto.
