[HISTORY: Adopted by the Town Board of the Town of Batavia as indicated
in article histories. Amendments noted where applicable.]
[Adopted 7-17-1991 by L.L. No. 3-1991]
The purposes of this article are to codify water regulations previously
adopted by the Batavia Town Board and to provide Town water users with a written
statement of conditions under which water service will be furnished and continued
by the Town of Batavia.
This article shall apply to all property and water users within the
Town's present and future water districts, as well as to all present
and future water users outside of the Town's districts. The terms and
provisions of this article shall be considered a part of the contract of every
person who obtains water from the Town, and, by acceptance of the Town of
Batavia water, each of said persons shall be considered as having given his
or her consent to be bound thereby.
The gender and number used in this article are used as reference terms
only and shall apply with the same effect to the masculine or feminine gender,
corporate or other business form, and the singular shall likewise include
the plural. "Town" shall mean the Town of Batavia.
A.
All persons desiring a water supply from the Town or
replacement and/or modification of existing installations shall first make
written application, on forms supplied by the Town, to the Town of Batavia
stating fully the several and various uses for which the water is to be used
and be issued a permit to perform the work covered by the application. Such
application shall be signed by the owner of the premises or his duly authorized
agent and be accompanied by such plans, specifications and drawings as may,
from time to time, be required by the Town. If said application is approved
by the Town, no permit shall be granted for the installation, replacement
or modification of a water supply until the application fee for the same in
an amount to be established and modified from time to time by resolution of
the Town Board shall have been paid in full to the Town Clerk. Upon completion
of the work, or as stages of construction dictate, the Town shall be notified
and inspections performed.
B.
Certificates of satisfactory inspection shall be issued
as appropriate by the Water/Sewer Maintenance Department. When the work is
completed to the satisfaction of the Town and in compliance with all rules
and regulations contained in this article, and on payment as directed by the
Town Clerk of either all fees, charges and all other expenses due the Town
or a deposit in an amount set by the Town Clerk against anticipated fees,
charges and all other expenses accompanied by a written agreement to pay the
balance due when billed by the Town, the water to the premises shall be turned
on.
A.
The owner, at his own expense, shall obtain all excavation,
backfill, street opening and other permits prior to the commencement of work.
In addition the person or organization carrying out such excavation must present
to the Town Clerk prior to commencing such work evidence of the existence
of a performance bond and liability insurance coverage providing the Town
of Batavia with adequate protection against any and all claims against it
for personal injury, including wrongful death, or property damage arising
as a result of such excavation. If any question arises as to the adequacy
of such bond and/or liability coverage, the decision of the Town Board shall
be final. No work shall be performed on or within 10 feet of any water main
without prior Town approval and Town supervision.
B.
The work of inserting the taps, tees and connections
and/or any other work involving any water main shall be done only by the Town
of Batavia Water/Sewer Maintenance Department or by persons authorized by
it to make such connections. All such taps shall be made at the side of the
main unless otherwise authorized by the Town.
(1)
Property owners within an existing or subsequently created
Town of Batavia water district desiring a water tap of up to and including
two inches shall pay a flat fee to the Town in an amount established by schedule
and modified from time to time by Town Board resolution.
(2)
Property owners within an existing or subsequently created
Town of Batavia water district desiring a water tap of greater than two inches
shall pay all costs associated with the tap and delivery of Town water to
the property line, together with such fees as are established and modified
from time to time by resolution of the Town Board.
(3)
Property owners outside of an existing or subsequently
created Town of Batavia water district, whether within or without the Town,
desiring a water tap of any size shall pay all Town costs, together with such
fees as are from time to time established by the Town Board.
A.
The owner receiving a permit for the introduction of
a water service into his premises shall be required to cause such service
to be placed not less than four feet below the surface of the earth at all
places between the water main and the inside of the foundation wall of the
building into which the water service is introduced. Exceptions may only be
approved by the Water/Sewer Department upon written application setting forth
the location and reasons supporting the exception.
B.
All service pipes from the water main must be connected
with the main by separate pipe of not less than 3/4 inch in diameter. No service
line shall be closer than 10 feet horizontal separation and 18 inches vertical
separation from any septic/sewer system. Where not possible exceptions must
be approved by the Water/Sewer Department.
(1)
All service pipes must be of Type K copper material,
except that service pipes of a diameter of two inches or larger may be of
ductile or cast-iron pipe or equivalent. A six-inch sand bed for the service
pipe and six-inch sand cover or equivalent over the pipe are required, if
deemed necessary by the Water/Sewer Department. Exceptions in pipe material
may be granted on an individual basis as determined by the Water/Sewer Department.
(2)
The owner of property into which water is introduced
by a service pipe shall maintain such services in proper order and make all
repairs to said service pipe from curb stop to meter or from meter pit to
inside foundation at his own cost and expense. The owner shall promptly repair
damage from frost, leaks and breaks to prevent waste of water. If the owner
fails to observe these requirements, the situation shall be deemed an emergency
and the Town may shut off water to the premises until the requirements of
this subsection are complied with. The Town shall have the right but not the
obligation to make the necessary repairs required by this subsection and to
charge the cost thereof to the property owner. In addition, the cost of lost
water may be assessed against the property affected, to be collected as part
of the water rent.
The Town reserves the right at any time, without notice, to shut off
the water in its mains for the purpose of repairs, extension, tests or for
any other similar purpose. Where water service has been interrupted, the Town
shall not be liable for any loss or damage resulting from any deficiency or
failure in the supply of water for any reason whatsoever; for any loss or
damage resulting from the bursting or breaking of any mains or service pipes;
or for any loss or damage resulting from any accident to the water distribution
system. In addition, the Town shall not be liable for any loss or damage from
any excess, deficiency or variation in the pressure or volume of water; for
any loss or damage caused by water escaping from or obstructions in a service
line due to frost or any other cause; or for any loss or damage as a result
of water escaping from laterals, fixtures, appliances or pipes owned by consumers.
It is the intention of the Town, to the extent practicable, to give suitable
notice of actual or potential interruption of service to the consumer. No
deduction for any water bill shall be made as a result of any interruption
or curtailment of such service as described herein.
A.
Except as authorized by the Town Board under rules to
be promulgated by it, every residential building and commercial establishment
shall have a separate service from a Town water main.
B.
When water is supplied to more than one party through
a single tap, the bill for water supply shall be rendered to one or more of
the owners of the premises, any one of whom shall be considered solely responsible
for the same and for complying with this article. In case of nonpayment, the
water may be shut off and/or other penalties imposed by the Town, notwithstanding
the fact that one or more of the parties using said water may have paid his
proportion to such owner or to any other person. The Town acknowledges no
responsibility for any adverse consequences borne by any multiple users of
water affected by Town dealings with the owner of the property as described
above.
C.
Whenever two or more parties are supplied by the same
service pipe or meter, the Town shall have the right to invoke whatever penalty
provisions of this article it shall deem appropriate upon the failure of any
one of the parties supplied to pay the water rents when due or to comply with
any other provision of this article.
The Town reserves the right to limit the amount of water furnished to
any consumer when circumstances warrant such action, although no limit may
be stated in the application or permit for such use, or the Town may entirely
cut off the use for any manufacturing purpose or any use for supplying power
at any time by giving reasonable notice to the consumer of such intended action.
The owner of the premises to which water is supplied shall be chargeable
with all water taken from the Town mains, and, if leaks occur in the service
lines between the curb stop and the meter, the Town may estimate the amount
of water lost by such leaks and charge the same to the owner of the premises.
A.
Any property owner wishing to discontinue use of his
water supply from the Town's water distribution system must give written
notice thereof to the Town.
B.
In the event water is shut off at the request of the property owner and a final bill rendered, a shutoff charge of $10 shall be assessed. In addition, the water meter must be protected from damage from all causes enumerated in § 229-14A of this article and/or returned in good condition to the Town when water is shut off.
C.
When water is turned off for nonpayment of rents or for
violation of any rule or regulation, a ten-dollar shutoff fee will be charged
to the customer, and it shall not be turned on again until the party in default
shall pay all water rents due and the amount of all penalties which may be
imposed by the regulations set forth herein. In addition, a ten-dollar turn-on
charge shall be assessed.
No person shall install or permit to be installed any cross-connection,
whether permanent or temporary, between the Town's water distribution
system and any other source or supply of water or source of contamination,
any water-softening device or pressure tank previously hooked up to a nonmunicipal
water source, any boiler without appropriate check valves or any other installation
prohibited by either State of New York or County of Genesee Health Department
rules and regulations. If the owner fails to comply with this section, the
situation shall be deemed an emergency and the Town may shut off water to
the premises until the requirements of this section are complied with.
No person shall open any fire plug or hydrant, whether public or private,
to draw water therefrom except under the direction of the Water/Sewer Maintenance
Department and in compliance with the New York State Uniform Fire Prevention
and Building Code. Where private plugs or hydrants are being used for improper
purposes, the Town shall require a suitable outside tap to be installed and
the hydrant or plug shall be sealed at the owner's expense.
A.
Use required; damage to meters. No water service shall
be given to any person except through a meter which shall be purchased from
the Town at a price established from time to time by Town Board resolution.
After the meter is attached, any damage which such meter may sustain resulting
from the carelessness of the owner, agent or tenant or from the neglect of
any of them to properly secure and protect the same, or any damage that may
result from allowing the meter to become frozen or to be injured by hot water
or steam, or from any other cause, shall be paid by the owner on demand of
the Town of Batavia. In case such payment is not so made, the water may be
shut off from the premises and not turned on again until all charges are paid.
Upon request of the property owner, the Town of Batavia will provide a written
statement as to the basis of such charge.
B.
Meters one inch or less in diameter.
(1)
Installation and maintenance. The Town will install and
maintain all meters up to and including one inch in diameter. Meters shall
be set as near as possible to the point of entry of the service connection
pipe to the building and shall be kept unobstructed and easily accessible
to Town employees at all times. In cases where the Town believes access is
not adequate, it can by written notice compel the meter to be moved to a more
accessible location. In cases where the customary location of the meter is
distant from the property line of the premises or under such other circumstances
as deemed appropriate by the Water/Sewer Maintenance Department, it may require
the meter to be set in a pit or box approved by the Water/Sewer Maintenance
Department at the expense of the consumer and located near the appropriate
property line of the premises. Valves must be placed before and after the
meter to facilitate service of meters as deemed appropriate by the Water/Sewer
Maintenance Department. All proposed meter locations must be previously approved
by the Water/Sewer Maintenance Department.
(2)
Testing. Meters may be tested by the Water/Sewer Maintenance
Department at any time, and meters up to one inch in diameter will be tested
upon application of the consumer and the making of a deposit of $10. If the
meter shall test not more than five-percent fast on full or half flow, the
deposit is to be forfeited to the Town. If the meter tests more than five-percent
fast, the meter will be repaired or replaced at Town expense and the deposit
returned. If a meter tests five-percent or more slow, the Town shall, at its
option, bill for the amount of water not previously billed for as a result
of meter malfunction.
(3)
Charges. On each meter of one inch or less in diameter the Town shall, on each bill, assess a miscellaneous charge in an amount established by schedule and modified from time to time by resolution of the Town Board to cover portions of the Town's routine maintenance costs on each meter and normal replacement of the meter when it fails due to old age or equipment malfunction. Said charge is not intended to cover meter failure resulting from causes set forth in Subsection A hereof.
C.
Meters greater than one inch in diameter.
(1)
Installation and maintenance. The consumer will install, under the Water/Sewer Department's supervision, and maintain all meters of greater than one inch in diameter. Said installations shall be provided with a valved bypass around the meter and valved spur pipe on the building side of the meter for test purposes. In cases where the customary location of the meter is distant from the property line of the premises or under such other circumstances as deemed appropriate by the Water/Sewer Maintenance Department, it may require the meter to be set in a pit or box approved by the Water/Sewer Maintenance Department at the expense of the consumer and located near the appropriate property line of the premises. Valves must be placed before and after the meter to facilitate service of meters as deemed appropriate by the Water/Sewer Maintenance Department. All proposed meter locations must be previously approved by the Water/Sewer Maintenance Department. The design of such special meter settings and location shall be submitted to the Water/Sewer Maintenance Department for approval before construction is undertaken by the consumer. The consumer will replace at his expense defective parts in improperly operating meters, including meters damaged by virtue of any reason enumerated in Subsection A hereof, and will at his expense replace meters that have worn out or are not capable of being repaired. No meter may be removed, for any cause, without written permission from the Town.
(2)
Testing. The Town Water/Sewer Maintenance Department will from time to time test meters larger than one inch in diameter to determine their accuracy. In the event that an owner shall request additional testing, the same shall be provided by the Water/Sewer Maintenance Department and paid for by the consumer in an amount established and modified from time to time by resolution of the Town Board. If any test of a meter larger than one inch in diameter shall show that meter to be reading more than three-percent slow by normal Town testing standards, then that meter shall be deemed to be malfunctioning and shall be subject to repair as described in Subsection C(1) of this section. The Town shall also, at its option, bill for the amount of water previously not billed for as a result of meter malfunction.
(3)
Charges. A meter testing charge based on meter size shall
be charged upon commencement of billings for water service for all meters
larger than one inch in diameter. This charge, which shall be based upon the
size of the meter, shall be established and modified from time to time for
each size meter by resolution of the Town Board.
D.
Failure to register. If any meter becomes damaged and
fails to register, or if the same registers improperly, the user will be charged
at a consumption to be determined by the Town based on the best information
available to it.
E.
Resident consumers. All meters for properties located
within the Town shall be listed under the name of the owner of the property,
and all water used in connection with such property will be billed to the
owner of the property.
F.
Billing cards. The Town may, prior to each water billing,
send each consumer of Town water a self-addressed, stamped postcard. Each
user shall be responsible for reading his inside water meter or meters, entering
the correct reading on the card and returning the card to the Batavia Town
Hall in a timely fashion. Failure to do so within the time frame indicated
on the water billing card shall result in an additional fee to be established
and modified from time to time by Town Board resolution. The Town may also
elect to read any or all meters at any time. In its discretion, the Town Board
shall offer a financial incentive for the return of the cards in a timely
fashion in an amount established by schedule and modified from time to time
by Town Board resolution.
A.
The Town Board shall by resolution establish and from
time to time modify water rates for all water sold by the Town of Batavia.
The Town Board shall bill for water services based on water consumption of
each consumer as shown by the consumer's water meter and/or on consumption
as estimated by the Town according to the provisions of this article. In cases
where consumption does not reach a minimum as determined by the Town Board,
a minimum charge, if established by Town Board resolution, shall be assessed.
B.
All water bills shall be due and payable at the office
of the Town Clerk within 30 days of the billing date. All water bills will
be mailed by the Town Clerk, but the failure of any consumer and/or owner
to receive a bill shall not excuse nonpayment of the same.
C.
In the event a consumer shall not pay a water bill within
30 days from its billing date, an additional 10% of the total charge shall
be added to the amount due as a penalty. All billing amounts considered overdue
by the Town as of October 20 of any calendar year shall be turned over to
the county for levy on the following year's tax rolls.
A.
Stop valves, stop cocks or gate valves. It shall be unlawful
for any person, unless duly authorized, to open, close, turn or interfere
with any stop valve, stop cock or gate valve belonging to the Town.
B.
Injury to Town water supply. The malicious, willful,
careless or negligent destruction of or injury to any of the works on property
in any way connected with the water supply of the Town is hereby prohibited.
C.
Street mains. No person, except employees of the Town
or those acting under its direction, shall open or close any valve or gate
in the street mains or molest or interfere with the same in any manner whatsoever.
D.
Easement rights. No person shall interfere in any manner
with the waterline easement for any reason. Interference shall include, but
not be limited to, construction within the easement right-of-way and the removal
or addition of soil or any other materials.
[Amended 10-16-2002 by L.L. No. 3-2002]
A.
All duly authorized employees of the Town, including
the Town's Department of Water and Sewage, bearing proper credentials
and identification shall be entitled to enter the property of all users for
the purpose of inspection, observation, measurement, sampling (including setting
up sampling devices), testing and records examination for the purpose of ascertaining
whether the provisions of the chapter are being met and all requirements are
being complied with. Persons or occupants of a premises where public water
is used shall allow such Town employees ready access at all reasonable times
to all parts of the premises to carry out the actions specified in this section.
Where a water user has security measures in force which would require proper
identification and clearance before entry into his/her premises, the user
shall make necessary arrangements with his/her security guards so that upon
presentation of suitable identification, personnel from the Town will be permitted
to enter, without delay, for the purposes of performing their specific responsibilities.
These representatives shall have no authority to inquire into any processes
except those having a direct bearing on issues relative to compliance with
all provisions of this article.
(1)
Any Town employee seeking to enter private property pursuant
to the provisions of this section may enter such property on the consent of
such user, owner or occupant. For all purposes of this article, by use of
such public water, the user, owner and occupant shall be deemed to have consented
to the entry onto any property serviced by public water within the Town of
Batavia or otherwise containing records necessary or relevant to issues relating
to compliance with the provisions of this article. Failure to permit access
based upon a reasonable and otherwise valid request for entry shall be deemed
a violation of this article subject to all penalties and other remedies provided
in this article.
(2)
In the event such entry is denied or if said employee
determines that it is preferable to obtain a search warrant without first
seeking such consent, said employee shall be entitled (in addition to all
other available remedies) to obtain a search warrant pursuant to the applicable
provisions of law from a court of competent jurisdiction to compel the owner
or occupant to permit immediate entry and inspection.
(3)
Notwithstanding the provisions contained in the immediately
preceding subsection, in the event an emergency situation exists, Town employees,
including employees of the Town's Department of Water and Sewage, shall
be entitled immediately to enter upon any private property for the purposes
set forth in this section either with or without a search warrant or with
or without the cooperation of the water user, owner or occupant.
B.
Right to enter upon easements for purposes of inspection,
observation and repair. The Town of Batavia, including its Department of Water
and Sewage, as well as its employees and duly authorized representatives,
bearing proper credentials and identification, shall be permitted to enter
all private properties through which the Town holds an easement for the purpose
of but not limited to inspection, observation, measurement, sampling, repair
and maintenance of any portion of the Town's water system lying within
said easement above and below ground. All entry and subsequent work, if any,
on said easement shall be done in accordance with the terms of the easement
pertaining to the private property involved.
A.
The owner of all houses, buildings or property used for
human occupancy, employment, recreation or other purpose situated within an
operating water district in the Town is hereby required at his/her expense
to install waterline facilities therein and to connect such facilities directly
with the proper public water main source, provided that said water main is
within 100 feet of the property line and is operational. Such a connection
shall be in accordance with the provisions of this article as provided for
herein.
B.
Once a water main has been constructed within 100 feet
of an owner's property line and becomes operational, an owner, within
five years, shall connect his house, building or other structure to the water
main. If it becomes necessary for the Town to provide a written official notice
to the owner, the owner, after receipt of such a notice, will have 90 days
from receipt of the notice to connect to the waterline before being in violation
of this section. In no event shall the Town provide an official written notice
to any owner until the five-year grace period as aforementioned has expired.
Notwithstanding any provision of this article to the contrary, unless
and until appropriate schedules of fees, charges, rates, amounts and/or financial
incentives are adopted by the Town Board, the schedules of fees, charges,
rates, amounts and/or financial incentives in effect at the time of the adoption
of this article shall continue until replaced.
A.
Any person violating any provision of this article shall
be liable to the Town for any and all losses, damages, and expenses incurred
by the Town or for which the Town may be held liable as a result of said violation.
B.
Any person who shall violate any provision of this article,
other than the provisions requiring payment of water bills or other charges,
shall be guilty of an offense and, upon conviction, shall be subject to a
fine of not more than $250 or to imprisonment for a period of not more than
15 days, or both. Each day in which any violation shall continue shall be
deemed a separate offense.
C.
Nothing contained herein shall prevent the Town or Water/Sewer
Department, either alone or in conjunction with the foregoing penalties, from
maintaining an action or proceeding in the name of the Town or Department
in any court of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of any provision of this article.
[Amended 10-16-2002 by L.L. No. 3-2002]
In addition to any other remedy provided in this article or otherwise,
the Town shall have the right to terminate the water service to any property
based upon a violation of this article, including but not limited to the nonpayment
of any bill for water services. Notwithstanding any of the foregoing provisions,
except in the case of emergency, temporary interruption necessitated by repairs,
extensions or maintenance operations, shortage of water or similar situations,
no service shall be suspended or terminated by the Town without complying
with the following procedures:
A.
Notice of violation and hearing. Upon the determination by the Town that a violation has occurred pursuant to this article or that a bill for water services is not paid within 60 days of the date due, the Town shall notify in writing the occupant of the affected premises, as well as the owner thereof, in the manner and within the time frames provided in Subsection B hereof, setting forth specifically the grounds for termination of service and the time and place of a hearing within the Town to determine whether said service shall be terminated. Such notice shall contain a warning that unless such person or persons shall appear and offer proof or other evidence at such hearing, the service shall be terminated without further notice.
B.
Manner and time of service.
(1)
The written notice provided for in Subsection A hereof shall be served in one of the following ways:
(a)
By personal service of a copy thereof; or
(b)
By certified mail, return receipt requested, addressed
to the last known address of the occupant, as well as the owner, of said premises.
If said certified mail is refused or returned, service upon the occupant or
owner, as the case may be, shall be made by mailing a copy of said notice
by first class mail to the address of the occupant or owner, as the case may
be, in a post office or official depository under the exclusive care and custody
of the United States Postal Service within the State of New York.
(2)
Where regular mail is used in lieu of certified mail,
an additional copy of such notice shall either be served personally upon any
adult person residing in or occupying the affected premises if such person
can be reasonably found or shall be securely affixed upon said affected premises.
(3)
If said notice is served in accordance with Subsection B(1)(a) above, the same shall be served at least 10 days prior to the date of the hearing. Service shall be deemed complete on the date said service is made.
(4)
If said notice is served in accordance with the provisions of Subsection B(1)(b) hereof, service shall be completed at least 15 days prior to the date of the hearing. Service by certified mail shall be deemed complete upon depositing the same in a post office or official depository under the exclusive care and custody of the United States Postal Service within the State of New York.
(5)
Service by regular mail and either delivery to an adult
person residing in or occupying the affected premises or by securely affixing
a copy upon the affected premises shall be deemed complete upon depositing
said mail and either delivery to an adult or affixing to the premises, whichever
event shall last occur.
C.
Conduct of hearing. At the time and place specified in
the notice, a Town official designated by the Town Board, hereafter referred
to as the "hearing officer," shall conduct the hearing. The hearing shall
be conducted informally by the hearing officer, and oral or documentary evidence
pertinent to the facts and issues raised by the Town or other interested parties
may be received without regard to admissibility under the rules of evidence
applicable to judicial proceedings. The hearing officer shall require the
participants or spectators to conduct themselves in an orderly fashion. Failure
to comply with the directions of the hearing officer to obtain order may result
in exclusion from the proceedings or in a decision adverse to the interests
of the disorderly party and granting or denial of the relief sought, as appropriate.
All parties to the hearing shall further be afforded a fair hearing providing
the basic safeguards of due process.
D.
Determination. At the close of the hearing, the hearing officer may order the termination of the service or other appropriate action as he or she may determine. The hearing officer's decision shall be made in writing and forwarded to each interested party pursuant to the provisions of Subsection E below.
E.
Appeal. Any party aggrieved by the action of the hearing
officer shall have the right to appeal to the Town Board. Such appeal shall
be taken by filing within 14 days after notice of the action complained of
has been mailed to such party's last known address a written notice of
appeal, together with a written statement setting forth fully the grounds
for the appeal. The Town Board shall set a time and place for the hearing
on such appeal, and notice of such hearing shall be mailed to the aggrieved
party at his or her last known address at least five days prior to the date
set for the hearing. The Town Board shall, after hearing all interested parties,
either affirm or reverse the decision of the hearing officer or make such
other ruling as it deems appropriate. The Town Board's decision shall
be made in writing and mailed to each interested party at the party's
last known address. The decision and order of the Town Board shall be final
and conclusive.
[Adopted 11-24-1993]
A.
Responsibility of the Water-Sewer Foreman. The Foreman,
or his designated agent, shall inspect the plumbing in every building or premises
in this Town as frequently as in his judgment may be necessary to ensure that
such plumbing has been installed in such a manner as to prevent the possibility
of pollution of the water supply of the Town by the plumbing. The Water-Sewer
Foreman shall notify or cause to be notified in writing the owner or authorized
agent of the owner of any such building or premises to correct, within a reasonable
time set by the Water-Sewer Foreman, any plumbing installed or existing contrary
to or in violation of this article, and which in his judgment, may, therefore,
permit the pollution of the Town water supply, or otherwise adversely affect
the public health.
B.
Inspection. The Water-Sewer Foreman, or his designated
agent, shall have the right of entry into any building, during reasonable
hours, for the purpose of making inspection of the plumbing systems installed
in such building or premises, provided that with respect to the inspection
of any single-family dwelling, consent to such inspection shall first be obtained
from a person of suitable age and discretion therein or in control thereof.
A.
Hazardous cross-connections must be promptly eliminated.
B.
Cross-connection control is the joint responsibility
of the supplier of the water and the water customer (Part 5, New York State
Sanitary Code, Subpart 5-1, Public Water Supplies, Section 5-1.31).
C.
Cross-connection control by containment must be employed
and requires the installation of an acceptable backflow device in every water
service line to a facility for which a potential hazard exists. Control devices
will be installed at or as near the point of entry into the facility as possible
immediately downstream of the service connection.
D.
These regulations are enacted and enforced to protect
the public water system in accordance with provisions mandated by the New
York State Department of Health as described in the Public Water Supply Guide
- Cross Connection Control dated January 1981. If questions arise of interpretation
or conflict of degree of application, this NYS publication and EPA Cross Connection
Control Manual dated June 1989 will be the source of final information.
E.
All water districts, as well as any out-of-district water
customers, must comply with these regulations.
F.
All cross-connection control devices in the water system
will be tested by a New York State Department of Health certified tester annually.
A copy of all test results will be supplied to the Water-Sewer Foreman annually
by the property owner. Testing and maintenance records shall be kept by the
supplier of water for each required backflow prevention device. Records of
such tests, repairs and overhaul shall also be kept and made available to
the water purveyor and Genesee County Health Department upon request.
G.
All plans and specifications for cross-connection control
devices installed or to be installed in the Town water system must be prepared
by a New York State licensed professional engineer.
H.
Should access to any facility or dwelling be denied to
the Water-Sewer Foreman or his agent for the purpose of determining if and/or
what cross-connection control device is necessary, then the maximum protection
device will automatically be mandated with no further investigation.
I.
Failure to provide the required protective device or to adhere to prescribed testing requirements will result in proceedings to terminate service to the violation party per § 229-27 of these regulations.
J.
All plans and specifications relating to cross-connection
control must be approved by the Water-Sewer Foreman and the Genesee County
Health Department. A completed works approval is also required for the installation
of acceptable backflow prevention devices at all new customer facilities,
and for corrections to installations at existing customer facilities.
K.
Availability of a supplementary supply of water. The
existence of a supplementary supply of water to a facility creates a situation
wherein a backflow preventor must be installed on the service connection from
the public water supply system by the water customer.
L.
All plans and specifications relating to cross-connection
control must be accompanied by a copy of the New York State Department of
Health Application (DOH-347) and the Town of Batavia "Review of Plans for
Protective Devices on Public Water Supply Distribution Systems Check Sheet,"
a copy of which is attached as Appendix B. Copies of the above stated "check
sheet," as well as New York State Department of Health application for approval
of backflow prevention devices (DOH-347) (Appendix A) can be obtained from
the Town of Batavia Water-Sewer Foreman.[1]
[1]
Editor's Note: Appendixes A and B are on file in the Town offices.
A.
It shall be the duty of the water user on any premises in which backflow protective devices are installed to have competent inspections made at least once a year, per § 229-23F of these regulations, or more often in those instances where successive inspections indicate repeated failure.
B.
These devices shall be repaired, overhauled or replaced
at the expense of the water user whenever they are found to be defective.
These tests shall be performed by a New York State Department of Health certified
backflow prevention device tester, and all test results will be provided to
the water purveyor within 72 hours after the test is made.
A.
ACCEPTABLE BACKFLOW PREVENTION DEVICE
ACCEPTABLE DEVICES
AESTHETICALLY OBJECTIONABLE FACILITY
AIR GAP SEPARATION
APPROVED CHECK VALVE
APPROVED WATER SUPPLY
AUXILIARY SUPPLY
BACKFLOW
BACKPRESSURE
BACKSIPOHONAGE
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
CONTAINMENT
CONTAMINATION
CROSS-CONNECTION
CUSTOMER
CUSTOMER'S WATER SYSTEM
DEGREE OF HAZARD
DOUBLE CHECK VALVE (DCV) ASSEMBLY, ACCEPTABLE
HAZARDOUS FACILITY
INTERCONNECTION
LOCAL HEALTH DEPARTMENT ENGINEER
NONHAZARDOUS FACILITY
PLUMBING CONTROL
PUBLIC WATER SUPPLY SYSTEM
REDUCED PRESSURE ZONE (RPZ) DEVICE
SUPPLEMENTARY SUPPLY
SUPPLIER OF WATER
WATER SUPERVISOR
Definitions. As used in the chapter, unless the context
or subject matter otherwise requires, the following terms shall have the following
meanings:
An acceptable air gap, reduced pressure zone device or double check
valve assembly as used to contain potential contamination within a facility.
Those devices or assemblies found to be acceptable for containment
control in New York State in accordance with the Genesee County Department
of Health requirements as outlined in Section 8 of the Cross Connection Control
Guide, January 1981. See appendix for determination of acceptability as taken
from this section.
One in which substances are present, which if introduced into the
public water supply system could be a nuisance to other water customers, but
would not adversely affect human health. Typical examples of such substance
are: food-grade dyes, hot water, stagnant water from fire protection systems
in which no chemical additives are used, etc.
The unobstructed vertical distance through the free atmosphere between
the lowest opening from any pipe or faucet supplying water to a tank, plumbing
fixture, or other device and the flood level rim of the receptacle. The differential
distance shall be at least double the diameter (d) of the supply pipe. In
no case shall the air gap be less than one inch. (See FIG. 1-A).
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A check valve that seats readily and completely, and meets the New
York State Department of Health list of acceptable devices, as outlined in
Section 8-1 of the Cross Connection Control Guide, January 1981.
Any water supply approved by the New York State Department of Health.
Any water supply on or available to the premises other than the approved
public water supply.
A condition, induced by a differential in pressure, that causes the
flow of water or other liquids and/or gases into the distribution pipes of
a public water supply from any source other than its intended source.
The resulting backflow of contaminated, polluted, or otherwise unacceptable
quality water from a plumbing fixture or other customer source(s) into a public
water supply system due to a greater pressure within the customer's water
system. (See FIG. 1-B)
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Example: Only the valve at A separates the potable and the fire tank
water in a large factory. The factory's potable water system, at B, is
being filled from the public water supply system at C which is delivering
water at a pressure of 60 psi. At the same time, the fire-fighting system
is activated, which provides potentially stagnant tank water at a pressure
of 120 psi. If valve A in open, or leaks, the tank water will be forced into
the public water supply system.
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The backflow of contaminated or polluted water, or water of questionable
quality from a plumbing fixture or other customer source(s), into a public
water supply system main due to a temporary low or subatmospheric pressure
within the public water supply system. (See FIG. 1-C)
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Example: A hose is submerged in a laboratory sink A. Both buildings
are connected to the same public water supply system C. This main could develop
a low pressure due to a main break elsewhere in the system. The building on
the right has installed a booster pump in the system. The building on the
right has installed a booster pump in the basement at 8, in order to augment
available pressures. The booster pump could deplete the water in main C, thereby
subjecting the customer's water system to a pressure less than atmospheric
thus causing a reversal of flow from the laboratory in the opposite building.
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A person who is NYS Department of Health certified and found competent
for the testing of backflow prevention devices. He or she shall be provided
with an appropriate unexpired identification card. Failure to perform his
or her duties competently and conscientiously will result in prompt withdrawal
of his or her authority to test devices under this article.
Cross-connection control which isolates the customer's entire
facility from the public water system so as to provide the protection necessary
to prevent contamination of the public water supply in the event of backflow
from the customer's facility.
The presence in water of a substance that tends to degrade its quality.
A physical connection between the public water system and a customer
water system.
A water user served by a public water system; all water districts,
including individual private users outside the existing water districts, as
well as all out-of-Town customers.
The piping used to convey water supplied by a public water supply
system from the point of supply throughout the customer's facility.
Whether a facility is rated as "hazardous," "aesthetically objectionable"
or "nonhazardous."
Two single independently acting check valves, including tightly closing
shutoff valves located at each end of the assembly and suitable connections
for testing the watertightness of each check valve. This device must be approved
as a complete assembly, and listed on the NYS Department of Health list of
acceptable devices in Section 8 of the Cross Connections Control Guide. (See
FIG. 1-D)
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One in which substances may be present which, if introduced into
the public water system, would or may endanger or have an adverse effect on
the health of other water customers. Typical examples: laboratories, sewage
treatment plants, chemical plants, hospitals, mortuaries.
A joining of two independently operated public water supply distribution
systems.
The Genesee County Health Department Engineer having jurisdiction.
One which does not require the installation of an acceptable backflow
prevention device.
Prevention and elimination of cross-connections within the customer's
water system by enforcement of building or plumbing codes.
A NYS-approved supplier of water, including the source, treatment
works, transmission mains, distribution system and storage facilities serving
the public.
Acceptable if found on the NYS Department of Health list of devices
as described in Section 8 of the Cross Connection Control Guide, January 1981.
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.
This device must be approved as a complete assembly. See FIG. 1-E.
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Any water source or system, other than the public water supply, that
is available within the water customer's facility.
The owner or operator of a NYS-approved public water system.
The consumer or a person on the premises charged with the responsibility
of complete knowledge and understanding of the water supply piping within
the premises and for maintaining the consumer's water system free from
cross connections and other sanitary defects, as required by regulations and
laws.
A.
Whenever possible, cross-connection control will be achieved
by the containment method. Any user employing a device which will achieve
control by any other method will make written application to the Water-Sewer
Foreman to request such authorization. The Water/Sewer Foreman and the Genesee
County Department of Health will be the final authority determining the applicability
of any and all devices so used.
B.
The containment method.
(1)
Using the containment approach to cross-connection control
results in totally isolating a facility with a potential hazard from the public
water supply system. Each water service line to such a facility will be protected
in a manner commensurate with the degree of hazard. When any portion of a
consumer's water supply system is rated hazardous, then the entire system
receives the same rated degree of hazard. That includes piping for potable
as well as nonpotable water.
(2)
Under certain conditions, fire sprinkler system connections
to the public water supply system may warrant a separate evaluation of the
type of protective device required.
A.
Degree of hazard. To achieve containment, an acceptable
backflow prevention device must be installed in every service connection where
deemed necessary under this article by the Water-Sewer Foreman or his designee.
(2)
Based on these considerations, a facility will be rated
as hazardous, aesthetically objectionable or nonhazardous.
(3)
This cross-connection control program will enact a major
emphasis on isolating those facilities that pose the greatest hazard in the
most vulnerable portions of the distribution system.
B.
Degree of protection.
(1)
The degree of protection shall be commensurate with the
degree of hazard.
(a)
A hazardous facility must be contained through the use
of a RPZ or an air gap.
(b)
An aesthetically objectionable facility must be contained
through the use of DCV.
(c)
Nonhazardous facilities may be, but are not mandated
by these regulations to be, protected through internal plumbing control to
ensure that plumbing cross-connections are adequately protected or eliminated.
(2)
It is not possible to list every circumstance and facility
type that may be encountered while evaluating all water users in the water
system. Therefore, while evaluating a facility, the inspector will rely on
these regulations, good common sense and the Genesee County Health Department
Engineer, as needed, to adequately ensure the basic protection desired by
this program.
(3)
Internal plumbing control necessary for the protection
of the on-premises user is not equivalent to containment, but is a necessary
adjunct to a totally protective program. The water customer is responsible
to prevent cross-connection within his facility.
The protective device required shall depend on the degree of hazard
as tabulated below:
A.
Any premises on which there is an auxiliary water supply,
the public water supply system shall be protected by an air gap separation
or an approved reduced pressure principle backflow prevention device.
B.
At the service connection to any premises on which a
substance that would be objectionable (but not hazardous to health if introduced
into the public water supply) is handled so as to constitute a cross-connection,
the public water supply shall be protected by an approved double check valve
assembly.
C.
At the service connection to any premises on which a
substance of unusual toxic concentration or danger to health is or may be
handled, but not under pressure, the public water supply shall be protected
by an air gap separation or an approved reduced pressure principle backflow
prevention device. This device shall be located at or as near the point of
entry into the facility as possible immediately downstream of the water meter,
and all piping between the water meter and receiving tanks shall be entirely
visible.
D.
At the service connection to any premises on which any
material dangerous to health, or toxic substance in toxic concentration, is
or may be handled under pressure, the public water supply shall be protected
by an air gap separation. The air gap shall be located as close as practicable
to the property line, and receiving tanks shall be entirely visible. If these
conditions cannot reasonably be met, the public water supply shall be protected
with an approved reduced pressure principle backflow prevention device, providing
this alternative is acceptable to the Water-Sewer Foreman and Genesee County
Department of Health.
E.
At the service connection to any sewage treatment plant
or sewage pumping station, the public water supply shall be protected by an
air gap separation. The air gap shall be located as close as practicable to
the property line, and all piping between the water meter and receiving tanks
shall be entirely visible. If these conditions cannot be reasonably met, the
public water supply shall be protected with an approved reduced pressure principle
backflow prevention device.
A.
A separate evaluation of the fire-fighting system in
use at a facility is required because of the number of variables involved
in making the determination of adequate protection of the public water supply
system. The sprinkler system service connection is usually an independent
connection to the public water supply and as such will be separately evaluated
as to the hazard posed. Fire department connections are used to pump water
into sprinkler system. The quality of water pumped into the sprinkler system
may be of concern.
B.
The following outlines the type of acceptable backflow
prevention device required by class of sprinkler system used ("AWWA Manual
No. M-14, Backflow Prevention and Cross-Connection Control"). The device is
the minimum needed to satisfy containment requirements and applies only to
sprinkler systems connected to public water supply water mains.
(1)
Class 1: direct connections from public water mains only;
no pumps, tanks, or reservoirs; no physical connection from other water supplies;
no antifreeze or other additives of any kind; all sprinkler drains discharging
to atmosphere, dry wells, or other safe outlets.
(2)
Class 2: same as Class 1, except that booster pumps may
be installed in the connections from the street mains (booster pumps do not
affect the potability of the system). It is necessary, however, to avoid drafting
so much water that pressure in the water main is reduced below 20 psi.
(3)
Class 3: direct connection from public water supply main
plus one or more of the following: elevated storage tanks; fire pumps taking
suction from aboveground covered reservoirs or tanks; and pressure tanks.
(All storage facilities are filled with or connected to public water only,
the water in the tanks to be maintained in a potable condition. Otherwise,
Class 3 systems are the same as Class 5.)
(4)
Class 4: directly supplied from public mains similar
to Classes 1 and 2, and with an auxiliary water supply on or available to
the premises; or an auxiliary supply may be located within 1,700 feet of the
pumper connection.
(5)
Class 5: directly supplied from public mains, and interconnected
with auxiliary supplies, such as: pumps taking suction from reservoirs exposed
to contamination, or rivers and ponds; driven wells, mills or other industrial
water systems; or where antifreeze or other additives are used.
(6)
Class 6: combined industrial and fire protection systems
supplied from the public water mains only, with or without gravity storage
or pump suction tanks.
C.
Corresponding backflow protection recommended; (AWWA
M-14):
(1)
Class 1: none, other than the check valve required by
the National Fire Code.
(2)
Class 2: none, other than the check valve required by
the National Fire Code.
(3)
Class 3: will generally require minimum protection (approved
DCV) to prevent stagnant waters from backflowing into the public potable water
system.
(4)
Class 4: will normally require backflow protection at
the service connection. The type (air gap, RPZ, or DCV) will generally depend
on the quality of the auxiliary supply; will normally need maximum protection
(air gap or RPZ) to protect the public potable water system.
(5)
Class 5: will normally need maximum protection (air or
RPZ) to protect the public potable water system.
(6)
Class 6: protection would depend on the requirements
of both industry and fire protection, and could only be determined by a survey
of the premises.
A.
Notification of violation. The Water-Sewer Foreman shall
notify the owner, or authorized agent of the owner, of any building or premises
in which there is found a violation of this article, of such violation. The
Water-Sewer Foreman shall set a reasonable time for the owner to have the
violation removed or corrected. Upon failure of the owner to have the defect
corrected by the end of the specified time interval the Water-Sewer Foreman
may, if in his judgment an imminent health hazard exists, cause the water
service to the building or premises to be terminated and/or recommend such
additional fees or penalties to be invoked as herein may be provided.
B.
Fines. The owner or authorized agent of the owner responsible for the maintenance of the plumbing systems in the building who knowingly permits a violation to remain uncorrected after the expiration of time set by the Water-Sewer Foreman shall, upon conviction thereof by the court, be required to pay a fine of not more than $100 for each violation. Each day of failure to comply with the requirements of this article, after the specified time provided under Subsection A shall constitute a separate violation.
A.
Determination of acceptability. Only three devices are
applicable to the containment concept of cross-connection control. These are
the DVC, the RPZ and the air gap.
B.
Which DCV or RPZ are acceptable? Acceptance of a device
is based on one of the following two evaluation procedures:
(1)
A device will be placed on the New York State Department
of Health List of Acceptable Devices when it has successfully passed both
the laboratory and the field evaluation phases of the Foundation for Cross
Connection Control and Hydraulic Research approval program and the manufacturer
has been granted a certificate of approval.
(2)
A device which has been evaluated against each of the
following three standards by an independent testing laboratory and shown to
comply will be placed on the New York State Department of Health List of Acceptable
Devices:
(a)
Foundation for Cross-Connection Control and Hydraulic
Research, Manual of Cross-Connection Control, Section 10, Specifications of
Backflow Prevention Devices.
(b)
American Society of Sanitary Engineering Standard No.
1013 (RPZ) or No. 1015 (DVC).
(c)
American Water Works Association Standard C506. The Bureau
of Public Water Supply will review the evaluation report of the backflow prevention
devices under test and shall determine what sizes, if any, are acceptable.
C.
Based on the above, a list of acceptable devices is published
from time to time. As new units are found acceptable, the list will be revised
and will be available as a separate guideline available from the Local Health
Department Engineer.
