[HISTORY: Adopted by the Town Board of the Town of Babylon: Art. I, 1-7-1986 by L.L. No. 1-1986. Amendments noted where applicable.]
[Adopted 1-7-1986 by L.L. No. 1-1986]
The purpose of this article is to:
Protect the public potable water supply of the East Farmingdale Water District of the Town of Babylon from the possibility of contamination by isolating within its customers' internal distribution systems or its customers' private water systems such contaminations or pollutants which could backflow into the public water supply system.
Comply with the requirements of the New York State Sanitary Code 5-1.31.
The East Farmingdale Water District Superintendent shall be responsible for the protection of the district's distribution systems from contamination due to the backflow of contaminants through the water service connection. An acceptable backflow-prevention device shall be required, at the district's water Service connection to any customer's premises, for the safety of the water system. The Superintendent or his designated agent shall give notice in writing to said customer to install such an acceptable backflow-prevention device at each service connection to his premises. The customer shall immediately install such approved device or devices at his own expense, and failure, refusal or inability on the part of the customer 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.
As used in this article, the following terms shall have the meanings indicated:
- ACCEPTABLE BACKFLOW-PREVENTION DEVICE
- A reduced-pressure-zone device. In order for the reduced-pressure-zone device to be acceptable, it must be listed on the most current version of the New York State Department of Health's list of acceptable devices.
- Accepted by the East Farmingdale Water District Superintendent as meeting an applicable specification stated or cited in this chapter.
- A water user served by the East Farmingdale Water District supply system.
- CUSTOMER'S WATER SYSTEM
- The piping used to convey water supplied by the East Farmingdale Water District supply system throughout a customer's facility. The system shall include all those parts of the piping beyond the control point of the East Farmingdale Water District. The control point shall be the water main.
- PUBLIC WATER SUPPLY SYSTEM
- The East Farmingdale Water District 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 customer's water system.
- REDUCED-PRESSURE-ZONE DEVICE, ACCEPTABLE
- 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 the East Farmingdale Water District.
The customer's water system shall be open for inspection at all reasonable times to authorized representatives of the East Farmingdale Water District.
An acceptable backflow-prevention device shall be installed on each service line to a customer's water system immediately inside the building being served, but in all cases, before the first branch line leading off the service line.
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 Suffolk County laws and regulations.
It shall be the duty of the customer, 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 customer and shall be performed by the device manufacturer's representative or by a certified tester approved by the East Farmingdale Water District Superintendent. The East Farmingdale Water District 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 inspection and operational tests of the backflow-prevention devices are made. These devices shall be repaired, overhauled or replaced at the expense of the customer whenever said devices are found to be defective. Records of such tests, repairs and overhaul shall be kept and made available to the Water District Superintendent. Copies of all testing and maintenance records shall be sent to the Superintendent immediately after the work is performed.
All presently-installed prevention devices which do not meet the requirements of this section shall be retrofitted or modified to meet the requirements of Subsection B of this section.
No water service connection to any customer's water system shall be installed or maintained by the East Farmingdale Water District unless the water supply is protected as required by State laws and regulations and this article. Service of water to any premises shall be discontinued by the East Farmingdale Water District if a backflow-prevention device required by this article 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.
A violation of the provisions of § 211-4 of this article 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 Town Attorney of the Town of Babylon in a court of competent jurisdiction. Each day of a continuing violation shall be subject to a separate such fine, imprisonment or civil penalty.
The Town Attorney may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with this article or restrain by injunction any violation of this article, notwithstanding the provisions of § 211-5A hereof for a penalty or other punishment.
Where any violation of this article causes expense to the Town, such violation may also be punishable by a civil suit against the violator, brought by the Town Attorney of the Town of Babylon in the name of the Town in a court of competent jurisdiction, to recover such additional cost.