[Adopted 5-13-1991 by L.L.
No. 8-1991]
All terms defined in Part 1, Cross-Connection Control, of this chapter and used in this Part 2 shall have the meanings given to them in Part 1. This Part 2 is to be interpreted reasonably. In applying this Part 2, enforcement officials shall recognize that different circumstances result in varying degrees of hazard, and that the degree of protection or prevention required in each situation should be commensurate with the degree of hazard. If any article, section, paragraph, subdivision, clause, phrase or provision of this Part 2 shall be adjudicated invalid or unconstitutional, the validity of this Part 2 as a whole or any part thereof other than the part so adjudicated to be invalid or unconstitutional shall not be affected. [1]
A.
The municipality is hereby authorized to delegate all or any part of its power, authority and/or responsibilities under Part 1 and under this Part 2 of this chapter, to the extent permitted by applicable law, to an authorized delegate, such as the Commission or an authorized representative of the Commission. In the event that the municipality does delegate all or any part of its power, authority and/or responsibilities to an authorized delegate, such delegate shall be deemed to be acting with the full power and authority of the municipality in regard to such matters, to the extent such power and authority exists under applicable law and to the extent such power and authority may be so delegated under applicable law. In the event that the municipality so delegates its power, authority or responsibility in regard to a particular matter discussed in this Part 2, then, for the purposes of interpreting the text of this Part 2 referring to such matter, each and every reference in such text to "the municipality" may be understood to be a reference to the municipality's authorized delegate, such as, for example, as a reference to "the Commission."
B.
The delegation of power, authority or responsibility described in Subsection A above may be made by written agreement among the municipalities that are members of the Commission.
(1)
In such an agreement, the municipality may authorize
the entity to which the municipality is thereby delegating its power, authority
or responsibility, such as the Commission, to:
(a)
Appoint an administrator for a backflow prevention program
designed to implement the provisions and fulfill the requirements of this
Part 2 and Part 1 who shall be an employee of the authorized delegate; or
(b)
Select and engage an engineering or contracting or similar
firm or person to act as administrator for the backflow prevention program;
or
(c)
Administer the backflow prevention program itself; or
(d)
Combine options B(1)(a), (b) and (c) in structuring,
and assigning the various tasks of, the administration of the program.
(2)
In the event that the municipality so empowers its authorized
delegate, and its authorized delegate takes any of the foregoing actions,
the municipality's authorized delegate may grant to the program administrator
any and all such power, authority or responsibility as has been delegated
to the authorized delegate, and as the municipality's authorized delegate
deems necessary or appropriate, to develop, implement, administer and enforce
the terms of a backflow prevention program on behalf of the municipality.
Such delegation to the program administrator shall be made only to the extent
permissible under applicable law.
All persons within the municipality that own or operate any water distribution
system, or component of a water distribution system, that is connected to
the public water supply system of the municipality (each, a "user"), as well
as all persons that perform installation, repair, modification or servicing
of any part of such users' water distribution system, shall take all steps
necessary or appropriate to minimize the occurrence of backflow into the public
water supply system and any resultant damage. Such steps shall include, but
shall not be limited to, control of fire hydrant flow, maintaining maximum
possible pressure during repairs, follow-up flushing and bacterial testing.
Users of the public water supply system, and persons that intend to perform
installation, repair, modification or servicing of any part of such users'
water distribution system, shall contact the municipality, or its designated
agent, to obtain the information regarding the potential causes of and problems
resulting from backflow into the public water supply, as well as the measures
necessary or appropriate to prevent backflow in accordance with the New York
State Cross-Connection Control Law and New York State Department of Health
requirements, that such persons may require in order to achieve and maintain
compliance with this Part 2.
A.
Each user of the public water system who, under applicable
New York State law, may be considered to be a potentially hazardous user shall
cooperate, to the extent reasonably possible, in enabling the municipality,
utilizing either its own personnel or independent contractors or a combination
of both, to perform surveys of such user's water distribution system in order
to determine if such user is a potentially hazardous user.
B.
Any person selected by the municipality to perform such
surveys, whether an employee of the municipality or an independent contractor,
shall demonstrate to the satisfaction of the municipality that such person
has received such training as is necessary or appropriate to perform the surveys
in a thorough and accurate manner.
A.
Each user that receives written notice of having been
identified, under applicable New York State law, as a potentially hazardous
user shall be obligated, immediately upon receipt of such notice, to obtain
and deliver to the municipality, or to the municipality's designated agent,
as stated in such notice, written certification i) certifying whether the
hazard described in the notice does or does not exist, and ii) if such hazard
does exist, certifying that a New York State Health Department approved backflow
prevention device a) has been properly installed and b) is fully operational.
The written certification must be signed by a licensed professional engineer
who has adequate training, in the opinion of the municipality or its designated
agent, in sanitary engineering, including in backflow prevention systems,
water distribution and hydraulics. Any inspection and/or testing performed
in connection with the preparation of the written certification must be performed
by a person who has received certification from the State of New York Department
of Health as a certified backflow prevention device tester (such person referred
to in this Part 2 as a "certified backflow prevention device tester"), who
has performed such inspection and/or testing under the supervision of the
professional engineer who signs the written certification. The certification
shall be dated, signed and sealed by the certified backflow prevention device
tester not later than 72 hours following the performance of any necessary
tests at the site, and, if no testing was performed, not later than 48 hours
following physical inspection of the site.
B.
In the event that a user receives written notification from the municipality, or its designated agent, that such user's certification i) is materially deficient in regard to the scope, nature or detail of information provided, ii) contains any material errors or iii) provides information indicating that the user's backflow prevention device or system is inadequate or unsatisfactory, then this subsequent notice shall have the same effect as the initial notice described in Subsection A above, that is, immediately upon receipt of this subsequent notice, the user shall be obligated to obtain and deliver to the municipality, or to the municipality's designated agent, as stated in such notice, a certification as described in Subsection A above, which certification, in addition to the requirements of Subsection A above, specifically states the manner in which the defect identified in the subsequent notice has been cured.
C.
In the event that the user has failed to deliver either i) the certification described in Subsection A above within 30 days of the date of the initial notice to the user, or ii) the certification described in Subsection B above within 15 days of the subsequent notice to the user, then such user shall be in violation of this chapter and subject to such penalties as are provided for herein and under all other applicable laws.
D.
Each user shall pay a filing fee established by the municipality
for the filing of the above-described certifications. Such fees may vary depending
upon the nature of the user's business, the volume of water used by the user,
and the size, age and location of the user's facilities.
E.
All surveys of user's water distribution systems and
all certifications delivered in accordance with this Part 2 shall be and remain
the property of the municipality.
F.
Each user who has been identified as a potentially hazardous user and has been sent a notice in accordance with Subsection A above shall be required to deliver to the municipality, or its designated agent, an updated certification as described in Subsection A above not less than once during every twelve-month period following the date of the initial notice to the user stating that the user has been identified as a potentially hazardous user. The municipality may deliver notices of such requirement for updated certifications to users periodically. In any case that the municipality has notified a user that a certification is defective as described in Subsection B above, the municipality may require, by delivery or written notice to the user, that the user deliver to the municipality additional written certifications, as described in Subsection A above, once in each four-month period during the 12 months following delivery of the defective certification.
G.
In the event that any user that has previously been identified as a potentially hazardous user by having received a notice as described in Subsection A above intends to install any backflow prevention device at its premises, prior to installation of such device the user shall deliver to the municipality, or to the municipality's designated agent, a written statement, prepared by a New York State licensed professional engineer, describing the device and a copy of the user's plans for its installation. The user shall not install such device until the user has received the municipality's, or the municipality's designated agent's, written approval to such plans, and such approval as may be required from the Tompkins County Health Department. If the installation of the device deviates substantially from such plans, the user shall obtain the municipality's, or the municipality's designated agent's, written approval, and such approval as may be required from the Tompkins County Health Department, to such deviation.
A.
In the event that a user of the public water supply fails to comply with any term or provision of this Part 2, the user shall be in violation of this Part 2, and such user shall be subject to the imposition of such penalties as are provided in accordance with Part 1, Cross-Connection Control, of this chapter, and/or in accordance with this Part 2 and/or in accordance with any other applicable law. In addition, a violation of this Part 2 shall constitute a violation under the Penal Law of the State of New York. If no other penalties are provided, a violation of this Part 2 shall be deemed to be a misdemeanor, and the violator shall be subject to a fine of up to $1,000 and imprisonment for up to one year. Each week's continued violation shall constitute a separate offense. The provisions of the Criminal Procedure Law, and any other law applicable to misdemeanors, shall govern criminal prosecutions of violations of this Part 2.
B.
In addition to any other penalties provided in Part 1, Cross-Connection Control, or any other applicable law, if a user fails to provide to the municipality, or to the municipality's designated agent, any certification required in accordance with § 256-20 of this Part 2, the user shall be subject to a fine. This fine shall not exceed $25 for each day beyond the 180th day following the date of the original notice to the user (as described in § 256-20A of this Part 2) multiplied by the number of inches of diameter of the largest pipe supplying public water to such user's premises.
C.
In addition to any other penalties provided for herein,
the municipality may institute any appropriate action or proceeding to prevent
the unlawful installation, repair, modification, maintenance or use of a water
distribution system that is connected to the public water supply in violation
of the requirements of this Part 2, of Part 1, Cross-Connection Control, or
of other applicable law.
A.
Residential users shall be considered potentially hazardous
users if a determination is made by the municipality that i) an activity conducted
at the residential property or ii) a circumstance specific to the residential
property establishes an equivalent degree of hazard as might be found in the
situation of a potentially hazardous nonresidential user. Examples of such
activities and circumstances include, but are not limited to, the presence
of boiler feed inhibitors, antifreeze loops and single-walled heat exchangers.
Residential swimming pools and double-walled heat exchanger systems shall
not be considered potential hazards.
B.
Residential users also shall be considered potentially
hazardous users if:
(1)
The residential user obtains its water supply from a
private well in addition to the public water supply service. In this case,
the residential user must either comply with all currently applicable requirements
of the New York State Cross-Connection Control Law and of the New York State
Department of Health Cross-Connection Control Guide, or abandon use of the
private well supply in a proper manner.
(2)
The residential user owns, operates, installs or relocates a lawn sprinkler system which employs underground lawn sprinklers. Such a residential user shall be required to install acceptable reduced pressure zone devices in accordance with the conditions of Subpart 5-1.31(a) of the New York State Cross-Connection Control Law. Residential users who own, operate, install or relocate a "pop-up" law sprinkler system, rather than a strictly underground sprinkler system, shall likewise be required to install an acceptable reduced pressure zone device under said Subpart 5-1.31(a), unless such owners apply in writing to the municipality for a waiver of this requirement and receive written confirmation from the municipality of such waiver. The requirement described in this Subsection B(2) shall not apply to lawn sprinkler systems that are six inches or more above grade.
Owners and operators of private hydrants which are not under the control
of the public water supplier shall be required to install acceptable reduced
pressure zone devices in accordance with part 5-1.31(a) of the New York State
Cross-Connection Control Law. The foregoing requirement shall apply whether
the private hydrants are used to augment fire-fighting systems, for lawn fertilization,
for tree spraying or for any other purposes.
A.
A "multiple customer distribution system," according
to the New York State Department of Health, includes all strip shopping centers,
malls and similar water distribution networks. For the purposes of this Part
2, the term "multiple customer distribution system" shall also include any
system providing water to any single nonresidential building or group of nonresidential
buildings that are occupied by two or more entities which entities are not
all owned by a common owner or by one another or are not all engaged in the
conduct of the same activities at the location served by said water system.
All multiple customer distribution systems shall be identified as potentially
hazardous users, because there is generally no communication with the municipality
regarding changes in individual customers using such systems. Owners of such
systems, and/or their agents, shall install acceptable reduced pressure zone
protection in such systems within the common service portion of such systems
and as close within such systems to the water meter as is reasonably practical.
B.
In the event that i) the owner of multiple customer distribution systems, and/or the owner's agent, submits to the municipality, or the municipality's designated agent, a detailed written description, satisfactory to the municipality, or its designated agent, of a) the system and its users and b) any change in any of the users of such system within 30 days of such change; and ii) the municipality, or its designated agent, determines that no user of such system is a potentially hazardous user, and that the system otherwise complies with all applicable backflow prevention laws, the multiple customer distribution system shall be entitled to a waiver of compliance with the requirements of Subsection A above defining a multiple customer distribution system. Failure on the part of the owner and/or the owner's agent to deliver the notification of change of users described in b) above shall automatically make void any waiver from compliance with the requirement to install adequate reduced pressure zone protection in the multiple customer distribution system.
