HomeMy WebLinkAbout1991-03-07TOWN HOARD MEETING
PUBLIC HEARING
MARCH 79 1991
PROPOSED LOCAL LAW #1 - 1991
CROSS CONNECTION CONTROL LAW
SUpv Schug called the meeting to order at 7:00PM
Supv Schug
Perkins
have
commercial
read
the
do anything
designed
possibility
notice that
have
was
published
Road
or hazardr.ous
waste,
in
the
for a
dump
newspaper
concerning
the
cross
Walbridge
c_nrinection
control
call
vote
law
(copy
in
minute brook)
DUESTIONS AND /OR COMMENTS
Atty
if they
for
Perkins
have
commercial
- private household users do
another source of water. It is
and industry where YOU would
riot have t1 :1
basically
have the
do anything
designed
possibility
of siph_ining
you
have
not
back in of chemicals
disconnected a well.
Road
or hazardr.ous
waste,
or where
Supv Schug - if you are connected to the water supply and still
want to use yc-lu well, it has to be connected separately.
Closed public hearing
SPECIAL TOWN HOARD MEETING
MARCH 7, 1991
Members and guests participated in the Pledge of Allegiance
Roll call was
Present:
Perkins
Absents
by the Town Clerk:
Supv Schug, Clm Roberts, Clrn Walbridge, and Atty
Clm Corrigan and Clm Hatf=ield
RE_SOLUT I ON #99 ADOPT LOCAL LAW 401 _T 1991
w LOCAL CROSS CONNECTION CONTROL LAW
Clm Wal. bridge offered the following resolution and asked for its
adoptions (copy in minute book)
2nd Clro Roberts Roll call vote - all voting Yes
RESOLUTION #100 ACCEPT BID FOR DUMP TRAILER
Clm Robearts offered the following resolution and asked for its
adopt ion
RESOLVED,
that
this
Town Bard
accept
the
low
bid
Road
Equipment
of
$33,516.00
for a
dump
trailer.
2nd Clm
Walbridge
Roll
call
vote
- all
Ad,journeds 7s15PM
Susanne Lloyd
Town Clerk
from Tracey
voting Yes
3a
NOTICE OF PUBLIC HEARING
ON PROPOSED LOCAL LAW NO. 1 OF THE YEAR 1991
LEGAL NOTICE IS HEREBY GIVEN that the Town Board of the Town
of Dryden will hold a public hearing at the Town Hall, 65 East Main
Street, Dryden, New York, on the 7th day of March, 1991, at 7:00
o'clock P.M. prevailing time, to hear all interested parties and
citizens for or against the proposed Local Law which to be known as
the Cross - Connection Control Law (or CCC Law). The purpose of the
Local Law is to establish a local Cross - Connection Control Law
implementing a more comprehensive and effective backf low prevention
program for water systems than the existing New York State Sanitary
Code requirements. The Local Law would apply to all water supplies
that are furnished water from the "Bolton Point" Water Commission.
• The requirements generally apply to those premises and water
systems which have an auxiliary water supply and to water systems
supplying premises on which any substance that is unusually toxic
or a danger to human health is kept, handled or present and to
premises handling supplied water under pressure whereby process
waters and waters originating from the public water supply may be
subject to deterioration in sanitary or chemical quality. Copies
of the proposed Local Law are available from the Town Clerk, 65
East Main Street, Dryden, New York during regular business hours.
Town Board of the Town of Dryden
by
Susanne Lloyd, Town Cl
imp
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TE LE I' H 0 N E: 607-M4-W7
607.844.8208
Mr. Jack Rueckheim
Distribution Manager
Southern Cayuga Lake
P.O. Box 178
:
r r ! ' „
i
GEORGE. SCHLECH7'
SURVEYORS &. ENGINES S
129 NORTH ST.
P.O. BOX 1108
DRYDEN, N.Y. 13053
JAN ) 4 1 f ,I fl
FAX: 607 -944 -9609
January 9, 1991
Intermunicipal Water Commission
Ithaca, New York 14851
Dear Jack:
Thank you for you letter of December 28, 1990 regarding the
potential shutoffs of unapproved plumbing or water services. Yo»
should be aware that, while I am sometimes referred to as the
"Town Engineer" for Dryden, that the Town of Dryden does not in
fact have such an official position.
My role is limited to an ad hoc basis largely on a project
by project situation.
I am forwarding a copy of your letter and a copy of my
response to Jim Schug with the suggestion that he and I discuss
with the Town Board this situation.
Yours truly,
A //
George Schlecht, P.E.,L.S.
GCS:jgh
CC: James Schug
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SOUTHERN CAYUOA LAKE INTERMUNICIPAL WATER COMMISSION
TOWNS OF DRYDEN • ITHACA • LANSING — VILLAGES OF CAYUGA HEIGHTS • LANSING
P.O. BOX 178
ITHACA, NEW YORK 14651
SAN. 0 7 1991
December 28, 1990
TO: George Schlecht
P.O. Box 1108
Dryden,N.Y. 13053
Re: Potential shutoffs due to unapproved plumbing or water
services
Dear Georges
One of
charged wit
properties
not create
property or
the many
h is the
to assure
a hazard
people o
responsibilities that
inspection of plumbing
that the water is use
for the people or equi
r equipment at an unre
we at Bolton Point am
systems in individual
d in a way that does
pment occupying a giver
lated property.
As the
above
paragraph
The main objective
plumbing hazards
suggests, our inspections fall into
one of two categories.
to confine
property an
which they occur. The applicable
York Sanitary code, the local
and the NYS Health Department
codes are
Cross Connection
Cross Connection
part 3
Control
Control
1.) Inspections related to the NYS Building code. These
involve mainly the internal plumbing of a building. The objective
is to protect occupants of a giver property against plumbing
hazards on that same property.*
2.) Inspections related to Health Department
These involve mainly the water service to a property,
under certain circumstances the internal plumbing
requirements.
although,
of the
e building may become involved.
the consequences of potential
The main objective
plumbing hazards
to
is
the
to confine
property an
which they occur. The applicable
York Sanitary code, the local
and the NYS Health Department
codes are
Cross Connection
Cross Connection
part 3
Control
Control
of
the New
Ordinance,
Manual.
You, as a
Code
Enforcement
Official.(CEO),
or
as a Municipal
Enoineer, or both
,
are
involved
in
at
least one of
these two
aspects of our
inspection
activities.
If you are a
Code
Enforcement Official,
we
report
the
findings
of our
plumbing
inspections to
you,
and
you are
ultimately
responsible
for code
enforcement. If
you
are
a Town
or
Village
Engineer,
your water
distribution system
may
be at risk
if
provisions of
the Health
Department are
not being
met.
Commission Offices
Plant Operations GEORGE J. CONNEMAN, Chairman
Ithaca, East Shore Drive COMMISSIONERS SHMARGARET McELWEE, Vice Chairman
IRLEY RAFF NSPERG R, Treasurer
Ithaca, New York 14850 NOEL DESCH, Admin. Commissioner
-(607) 277.0660 SHAILER PHILEIRICK, Consultant
HAROLD CASE
JEANNINE KIRBY
LAWRENCE LEVER
THOMAS OROURKE
JAMES SCHUG
GORDON WHEELER
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Occasionally, water service gets initiated to a property by
unauthorized persons before- all applicable inspections have been
performed, or before known deficiencies have been corrected. At
other times, changes occur on a property that already has
legitimately been getting water service, and these changes create
deficiencies.
We are particularly concerned About any deficiencies that
pose a health or safety risk. When wp become aware of such a
deficiency, a letter is sent to the owner, with a copy to the
C.E.O., requesting that an appointment be made for a follow up
inspection. Most people comply with this letter, For that
handful of customers who do not comply, firmer steps must be
taken. The logical reaction on our part should be to discontinue
the water service to a property that polies a health or safety
risk, if the owner of that property refuses to come into
compliance.
My proposal is that, should the initial communication faii
to get results, we send a letter that dictates a deadline for
compliance. The letter would also state that if this deadline is
not met, we will immediately discontinue the water service. This
letter would go out over two signatures. One would be that of a
Bolton Point representative. The other signature would be that
of the municipal C.E.O if the deficiency is in category #l; the
municipal engineer would sign, if the deficiency is in category
#2.
This procedure would mare you aware of a imminent shut off
before it happened, and communicate that there is shared
responsibility and authority to-ensure that safety and health
deficiencies are corrected. Linder category #l, Bolton Poirrt is
the building code inspector for plumbing and the municipality is
the enforcer; under category #27 Bolton Point is the water
purveyor and the municipality owns the distribution system that
may be put at risk by non - compliance.
What I am specifically askinglyou far is to indicate to me
as soon as possible if you would be willing to assist us in orir
responsibilities by cosigning such a letter, so that we may know
where we stand in your municipality should the need arise to
discontinue a water service.
Your timely response would be greatly appreciated. If you
wish to discuss with me any implications of this procedure, t
would be glad to do so.
Sincerely,
• ,Tack Rueckheim
Distribution Manager
(Cltrtooal low concerning Charter revision proposed by potition.)
1 hereby FYI hat the local Idw annexed hereto, designated cis local low No. .................... of 19.11:....
of the City ............. ............... ......... me ............. 1r►ving been submitted to referendum pursuant to the
o
provislona of ` 37 tl► 1luniclpal Ilotne Rule fraw,and having received the affirmative ' vote of am a I ority
9peC101 ��'
• of the qualified electora of suc ► i voting thereon of the elect on field on
19........... general �! '
. became operative,
6. (County local law concerning adoption of Charler.l /
l hereby certify that 1110 local law annexed- hereto, desilatcd its Local Law No....... of 19....... of the
County of ................ ........................�fil►rle of New Ynrk, having bee t�uhtniltcd to the Iilcclors at the
General Election of November .�. �! 19 .........,, pursuant to subdivisions S and,7 of Section 33 of the Muni•
eipal Horne Rule Lsw,a►►d trGTng received the affirmative vote of a majority of Ilia qualified electors of the
cities of sold county. —a a unit and of a majority of the qualilied electors of the tint of said county
considered as a nlivoling at said general election, became operative. �-
(If an er authorlsed form of final adoption has been followed, please provide en opprop ► lute
cell filiation.)
ii•+ " I fufther certify that I have compared the preceding local low with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and wns
Finally adopted in the manner Indicated in paragraph ............. /.............. above.
(a
Date' March 8. 1991
a
011►1► of tlu County I.std.ur. body: Oily. To m vwa�{, culk or
oMou deatpnobd by IoW I�stuati body
SUSANNE LLOYI), Town Clerk
(Certlficallon to be executed by County Attorney, Corporation Counsel. Town Attorney, Village Attorney
or other authorised Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ....xaneft 1 ivs .......................�
I, the undersigned, hereby certify tl►s1 the foregoing local low contaios the correct text and that nil
proper proceedings have been had or taken for the enactment of tl►e local law annexed hereto.
Dater may 8, 1991
Mahlon R. Perki,na Siy►itLu " " "
'!own Attorney ..............................
TWA
Page 3
%Wtx
I04T of.., ........ Dryden...........
Town
AWNW
)
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r
(Please Use this Form for Mnll your LOCal Law.wlth the Secretary of State)
Text of law should be given at amended. Do not Inchnle matter being
sHminsted and do nut uca ItaUca of undetlining to Indlcale now Mutter,
ftEm=y
ju of..... Dryden ..............,...
Town...................................... ...............................
Local Law No. _.. 1 .. _ ...e......_ ...._..._ __. of the 19 91
rev ,A
A local law .to establish a local CroRn" Connection Control Law.
............... ..............................i .........
.....
....... ,.........................
80 It enacted by the ...... Town Board
_ .............. .... ....................... _.._...._.._...... ...... ....... ..... of the
UlTown oL...... 1) rydea....,....._ ................. .........._........._.......... a follows:
Ul....._ ............................_. ..._...........................
5
additional space is needed, please attach shects of the same size-as this and number eac
Page 1
up
s
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PREAMBLE
WHEREAS, the State of New York has adopted the New York State
Sanitary Code (10 NYCRR (Hbalth), Volume A, Chapter 1, State
Sanitary Code, Part 5) which contains Subpart 5 -1, entitled "Public
Water Supplies," and which, in turn, contains Section 5 -1.31,
entitled "Cross- Connection Control" (the NYS Cross- Connection
Control Law "), and
WHEREAS, the New York State Department of Health issued a,
policy statement regarding public water supply cross- connections in
the Department of Health's Bureau of Public Water Supply's
publication entitled "Public Water Supply Guide: Cross - Connection
Control," dated January, 1981, and
WHEREAS, the Town of Dryden, the Town of Ithaca, the Town of
Lansing, the Village of Cayuga Heights and the Village of Lansing
are members of the Southern Cayuga Lake Intermunicipal Water
Commission (the "Commission ") , and the Commission is responsible to
act on behalf of the member municipalities in enforcing State and
local Cross - Connection Control Laws, and
WHEREAS, the Town of Dryden desires to establish a local
gross- Connection Control Law in order to provide additional
safeguards to potable water supplies by implementing a more
comprehensive and effective back -flow prevention program that
conforms to the requirements of the New York State Cross- Connection
Control Law and New York State Department of Health policy
guidelines:
NOW, THEREFORE, the Town of Dryden enacts this Local Law to be
ri
0 known as the Cross - Connection Control Law (or CCC Law).
ARTICLE I. PURPOSE, INTERPRETATION AND SEVERABILITY
1. The purpose of these regulations is to safeguard potable
water supplies by preventing backflow into public water systems.
2. This Law is to be interpreted reasonably. In applying
this Law, 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. In this Law,
where a reference is made to a relationship between the Commission,
or any authorized representative of the Commission, and a user of
any approved water supply, it shall be understood that the
• Commission, or its authorized representative, is acting on behalf
of the Town.
•
3. If any article, section, paragraph, subdivision, clause,
phrase or provision of this Law shall be adjudicated invalid or
unconstitutional, the validity of this Law as a whole, or any part
thereof other than the part so adjudicated to be invalid or
unconstitutional, shall not be affe9ted.
ARTICLE II. DEFINITIONS
1. Cross- Connections. The term "cross- connection" as used in
these regulations means any unprotected connection between any part
of 'a water system used or intended to supply water for drinking
purposes and any source or system containing water or substance
2
A
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that is not or cannot be approved as equally safe, wholesome, and
potable for human consumption.
2. Approved Water Supply. The term "approved water supply"
means any water supply approved by the New York State Department of
Health.
3. Auxiliary Supply. The term "auxiliary supply" means any
water supply on or available to the premises other than the
approved public water supply.
4. Vacuum Breaker - Nonpressure Type. A vacuum breaker which
is designed so as not to be subjected to static line pressure.
5. Vacuum Breaker - Pressure Type. A vacuum breaker designed
to operate under conditions of static line pressure.
6. Approved Check Valve. The term "approved check valve"
means a check valve that seats readily and completely. It must be
carefully machined to have free moving parts and assured
watertightness. The face of the closure element and valve seat
must be bronze, composition, or other non - corrodible material which
will seat tightly under all prevailing conditions of field use.
Pins and bushings shall be of bronze or other non - corrodible, non -
"sticking material, machined for easy, dependable operation. The
closure element, e.g. clapper, shall be internally weighted or
otherwise internally equipped to promote rapid and positive closure
in all sizes where this feature is obtainable.
79 Approved Double Check Valve Assembly. The term "approved
double check valve assembly" means an assembly of at least two
independently acting check valves,
3
including- tightly closing
•
•
shutoff valves on each side of the check valve assembly and
suitable leak detector drains plus connections available for
testing the watertightness of each check valve. This devise must
be approved as a complete assembly.
S. Approved Reduced Pressure Principle Backf low Prevention
Device. The term "approved reduced pressure principle backf low
prevention device" means a device incorporating two or more check
valves and an automatically operating differential relief valve
located between the two checks, two shutoff valves, and equipped
with necessary appurtenances for testing. The device shall operate
to maintain the pressure in the zone between the two check valves,
less than the pressure on the public water supply side of the
device. At cessation of normal flow, the pressure between check
valves shall be less than the supply pressure. In case of leakage
of either check valve, the differential relief valve shall operate
to maintain this reduced pressure by discharging to the atmosphere.
When the inlet pressure is two pounds per square inch or less, the
relief valve shall open to the atmosphere, thereby providing an air
gap in the device. To be approved, these devises must be readily
accessible for maintenance and testing and installed in a location
where no part of the valve will be submerged. The enclosure must
be self- draining, so that the large amount of water which the
relief valve may vent will be disposed of reliably without
submergence of the relief valve.
as a complete assembly.
n
This device must also be approved
CI
9. Air -Gap Separation. The term "air gap separation" means
a physical break between a supply pipe and a receiving vessel. The
air gap shall be at least double in the diameter of the supply
pipe, measured vertically above the top rim of the vessel, in no
case less than one inch.
10. Water Supervisor. The term "water supervisor" means 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.
11. Certified Backflow Prevention Device Tester - is a person
who is examined annually by the water purveyor and found competent
for the testing of backflow prevention devices. He shall be
•
provided with an appropriate identification card which must be
renewed annually. Failure to perform his duties competently and
consciensciously will result in prompt withdrawal of his
certification.
A
ARTICLE ICI.
PROTECTION OF*PUBLIC WATER SYSTEM AT SERVICE CONNECTION
A. Where Protection Is Required.
1. Each service connection from a public water system
for supplying water to premises having an auxiliary water supply
shall be protected against backflow of water from the premises into
the public water system, unless the auxiliary water supply is
5
.
® approved as an additional source by the water purveyor and is
satisfactory to the public health agency having jurisdiction with
regard to quality and safety,
properly abandoned.
or the auxiliary water supply is
2. Each service connection from a public water system
for supplying water to premises, on which any substance the then
supplied water is handled under pressure in such fashion as to
permit entry into the water system, shall. be protected against
backflow of the water from the premises into the public system.
This shall include the handling of process waters and waters
originating from the pubic water supply system which may have been
subject to deterioration in sanitary or chemical quality.
3. Each service connection from a public water system
• for supplying water to premises on which any substance that is
unusually toxic or a danger to human health is or may be handled in
liquid form, or in. solid or gaseous form if such substance is
intended to be used after conversion to liquid form, even if such
substance is not under pressure, shall be protected against
backflow of the water from the premises into the public water
system. Examples of such premises include, but are not limited to,
plating factories, premises on which cyanide is handled and
hospitals. This paragraph is not intended to apply to normal
residential installations.
4. Backflow prevention devices shall be installed on the
service connection to any premises that have internal cross-
connections, unless such cross - connections are abated to the
2
satisfaction of the water purveyor. It shall be the responsibility
of the water purveyor to provide and maintain these protective
devices and each one must be of a type acceptable to the State
Health Department.
B. Type of Protection. The protection device required shall
depend on the degree of hazard as tabulated below:
1. At the service connection to any premises where there
is an approved auxiliary water supply handled in a separate
piping system with no known cross - connection, the public water
supply shall be protected by an approved double check valve
assembly.
2. At the service connection on any premise on which
there is an auxiliary water supply where cross - connections are
rknown to exist which cannot be presently eliminated, or where the
auxiliary water supply is not approved, the public water supply
system shall be protected by an air gap separation or an approved
reduced pressure principle backflow prevention device.
3. At the service connection to any premise on which a
substance that would be objectionable (but not necessarily
#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.
4. At each service connection from a public water system
for supplying water to premises on which any substance that is
unusually toxic or a danger to human health is or may be handled,
7
.
F.
in liquid form, or in solid or gaseous form if such substance is
is
intended to be used after conversion to liquid form,.even if it is
not under pressure, the public water supply shall be protected by
an air -gap separation or an approved reduced pressure principle
back -flow prevention device.
5. At each service connection from a public water system
for supplying water to premises on which any substance that is
unusually toxic or dangerous to human health is or may be handled
under pressure, the public water supply shall be protected by an
air -gap separation or an approved reduced pressure principal back-
flow prevention device.
6. 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 water meter 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.
C. Frequency of Inspection of,Protective Devices.
It shall be the duty of the water user on any premise on
account of which backflow protective devices are installed, to have
competent inspections made at least once a year, or more often in
those instances where successive inspections indicate repeated
failure. 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 qualified backflow
® prevention device tester, and all test results will be provided to
the water purveyor within 72 hours after the test is made. Records
of such tests, repairs and overhauls shall also be kept and made
available to the water purveyor and the local Health Department
upon request.
ARTICLE IV
PROTECTION OF POTABLE WATER SYSTEM WITHIN PREMISES
Section 1. Separate Drinking Water Systems
Whenever the plumbing inspector determines that it is not
practical to protect drinking water systems on premises against
entry of water from a source or piping system or equipment that
• cannot be approved as safe or potable for human use, an entirely
separate drinking water system shall be installed to supply water
0
at points convenient for consumers.
Section 2. Fire Systems
Water systems for fighting fire, derived from a supply that
cannot be approved as safe or potable for human u4se shall, wherever
Qracticable, be kept wholly separate from drinking water pipelines
and equipment. In cases where the domestic water system is used
for both drinking and fire - fighting purposes, approved backflow
prevention devices shall be installed to protect such individual
drinking water lines as are not used for fire - fighting purposes.
Any auxiliary fire - fighting water supply which is not approved for
potable purposes, but which is so connected that it may be
9
.
introduced into potable water piping during an emergency, shall be
®
equipped with an approved automatic chlorination machine. It is
hereby declared that it is the responsibility of the person or
persons causing the introduction of said unapproved or unsafe water
into the pipelines to see; (1) that a procedure be developed and
carried out to notify and protect users of this piping system
during the emergency (2) that special precautions be taken to
disinfect thoroughly and flush out all pipelines which may become
contaminated before they are again used to furnish drinking water.
In the event the means of protection of *water consumers is by
disinfection of the auxiliary fire- fighting supply, the
installation and its use shall be thoroughly reliable. (3) The
public water supply must be protected against backflow from such
• dual domestic fire systems, as detailed in Article 3.
Section 3. Process Waters
Potable water pipelines connected to equipment for industrial
processes or operations shall be' protected by a suitable backflow
prevention device located beyond the last point from which drinking
water may be taken, which device shall be provided on the feed line
to process piping or equipment. ,In the event the narticular
process liquid is especially corrosive or apt to prevent reliable
action of the backflow prevention device, air gap separation shall
be provided. These devices shall be tested by the water user at
least once a year; or more often in those instances where
successive inspections indicate repeated failure.. The devices
shall be repaired, overhauled or replaced whenever they are found
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to be defective. These tests must be performed by a qualified
backflow prevention device tester and records of tests, repairs,
and replacement shall be kept and made available to the water
purveyor and the health department upon request.
Section 4. Sewagga .Treatment Plants and Pumping stations
Sewage pumps shall not have priming connections directly off
any drinking water systems. No' connections shall exist between the
drinking water system and any other piping, equipment or tank in
any sewage-treatment plant or sewage pumping station.
Section 5. Plumbing Connections
Where the circumstances are such that there is special danger
to health by the backflow of sewage, as from sewers, toilets,
hospital bedpans and the like, into a drinking water system, a
dependable device or devices shall be installed to prevent such
backflow.
The purpose of these regulations is not to transcend local
plumbing regulations, but only to deal with those extraordinary
situations where sewage may be forced or drawn into the drinking
water piping. These regulations do not attempt to eliminate at
this time the hazards of back - siphonage through flushometer valves
on all toilets, but deal with those situations where the likelihood
of vacuum conditions in the drinking water system is definite and
there is special danger to health. Devices suited to the purpose
of avoiding back - siphonage from plumbing fixtures are roof tanks,
barometric loops or separate pressure systems separatel.piped to
supply such fixtures, recognized approved vacuum or siphon breaker
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and other backf low protective devices which have been proved by
appropriate tests to be dependable for destroying the vacuum.
Inasmuch as many of serious hazards of this kind are due to
water supply piping which is too small, thereby causing .vacuum
conditions when fixtures are flushed or water is drawn from the
system in other ways, it is recommended that water supply piping
that is too small be enlarged whenever possible.
Section 6. Pier and Dock Hydrants
Backflow protection by a suitable backflow prevention device
shall be provided on each drinking water pierhead outlet used for
supplying vessels at piers or waterfronts. These assemblies must
be located where they will prevent the return of any water from the
vessel into the drinking water pipeline or into another adjacent
40 vessel. This will prevent such practices as connecting the ship
fire- pumping or sanitary pumping system with a dock hydrant and
thereby pumping contaminated water into the drinking water system,
and thence to adjacent vessels or back into the public means.
Section 7. Marking Safe and Unsafe Water Lines
(a) Where the premises contain dual or multiple water
tystems and piping, the exposed portions of pipelines shall be
painted, banded or marked at sufficient intervals to distinguish
clearly which water is safe and which is not safe. All outlets
from secondary or other potentially contaminated systems shall be
posted as being contaminated and unsafe for drinking purposes. All
outlets intended for drinking purposes shall be plainly marked to
indicate that fact.
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(b) Water Supervisor. The health department and the
water purveyor shall be kept informed of the identity of the person
responsible for the water piping on all premises concerned with
these regulations. At each premise, where it is.necessary in the
opinion of the water purveyor, a water supervisor shall be
designated. This water supervisor shall be responsible for the
installation and use of pipelines and equipment and for the
avoidance of cross - connections.
(c) In the event of contamination or pollution of the
drinking water system due to a cross - connection on the premises,
the local health officer and water purveyor shall be promptly
advised by the person responsible for the water system so that
appropriate measures may be taken to overcome the contamination.
ARTICLE V
RECOURSE FOR NON - COMPLIANCE
Section 1.
No water service connection to any premises shall be installed
or maintained by the water purveyor, unless the water supply is
brotected as required by state regulations and this rule.
Section 2.
Service of water to any premises may be discontinued by the
water purveyor, if a backflow preventive device required by this
rule and regulation is not installed, tested, and maintained; if
any defect is found in an installed backflow preventive device; if
it is found that a backflow preventive device has been removed or
•
13
z
L
b€passedr if unprotected cross- connections exist on the premises.
Service will root be restored until such conditions or defects are
corrected.
ARTICLE VI
Section 1. The Commission
(a) The Commission shall at all times employ a minimum of one
employee who is currently a certified backflow prevention device
tester.
(b) The Commission shall distribute copies,of the CCC Law to
each person who applies to the commission to perform a certified
backflow prevention device test and to each user identified by the
Commission as a potentially hazardous user.
{c} The Commission shall maintain membership in such
professional organizations that contribute to an understanding of
cross - connection control as the Commission deems appropriate.
Section 2. Installation of and Servicin Water Distribution
Systems
(a) All persons involved in the installation, repair,
modification or servicing of any part of a distribution system
I
connected to an approved water supply shall take all steps
necessary or appropriate to minimize the occurrence of backflow and
any subsequent damage; such steps shall includeF but shall not be
limited to, control of fire hydrant flow, maintaining maximum
pousible pressure during repairs, follow- -up flushing and bacterial
testing and providing of j.nformation to the ultimate users of the
distribution system regarding the potential problems resulting from
14
}
backf low and the measures necessary or appropriate to prevent
is backf low in accordance with the New York State Cross Connection
Control Law and New,yor}C State Department of Health requirements.
(b) in each case that an existing connection to the-approved
public water supply is modified, remodeled, relocated or altered in
any manner requiring a Plumbing Permit from the Commission, the
user shall be required to cause such work to conform to all
applicable requirements of the Cross - Connection Control Law and
this Law regarding the installation of a backflow device.
Section 3. Survev'ef Users
(a) The Commission shall develop and maintain a comprehensive
list, based on existing Commission records and files;.of all users
of the public, water system who, under applicable New York State
lair, may be considered to-be potentially hazardous users.
(b) The Commission shall, at its expense, Utilizing either its
awn personnel or independent contractors or a combination of both,
perform surveys of all users of the public water supply identified
by the Commission as potentially hazardous users. Any person who
F
s selected by the Commission to perform such surveys, whether an
mployee of the Commission or an independent contractor, shall be
required to have demonstrated to the satisfaction of the Commission
that such person has received such training as is necessary or
appropriate to perform the survey:
manner. All surveys shall include
site of the user and shall provide
the user is a potentially hazardous
15
t -in a thol
a physical
information
user, (i}
-ough and accurate
inspection at the
(1) as to whether
as to whether the
n
user etas installed appropriate backflow prevention devices that are
on the current Wew York State Department of Health approved list
and (iii) as to whether such devices appear to be properly
installed.
(c) on the basis of the aforementioned surveys, the Commission
shall, at its expi€nse, develop a Ii5t of users identified as
potentially hazardous users.
(d) The.Commission shall prioritize the foregoing list so as
to identify potentially hazardous users as being either highly.
potentially hazardous, moderately potentially hazardoiaa or less
potentially hazardous users. The notices described in Section 4
below shall be delivered first to the highly potentially hazardous
users, second to the moderately potentially hazardous users .and
third to the less potentially hazardous users.
{e} The Commission shall eurvey users newly- connected to the
public water system and periodical. y re- survey existing users to
determine whether any of such users are potentially hazardous users
and , if such user is identified as being potentially hazardous, to
determine in which of the three categories such user shall be
laced.
Section 44 Certification of Potentially Hazardous Users
(a) The Commissior: stall, at its awn expense, prepare and
deliverea notice to each user that the Commission, as a result of
the above - described surveys, has identified as a potentially
hazardous user. The notice shall state the reason that such user
has been identified as a potentially hazardous user and shall
16.
briefly summarize the results of the Commission's survey of such
® user and the type of work such user would have to perform in order
to bring .the user's site into compliance with applicable law.
Immediately upon receipt of such notice, each user to whom such a
notice has been delivered shall be obligated to obtain and deliver
to the Commission written certification (i) certifying whether the
hazard described in the Commission's 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 prepared by a licensed professional
engineer who has adequate training, in the opinion of the
Commission, in sanitary engineering, including in backflow
® prevention systems, water distribution and hydraulics, and who has
received certification from the State of New York Department of
E
Health as a certified backflow prevention device tester (such
person referred to in this Law as a "certified backflow prevention
device tester "). The certification shall be dated, signed and
sealed by the certified backflow prevention device tester not later
than seventy -two (72) hours following the performance of any
necessary tests'at the site, and, if no testing was performed, not
later than forty -eight (48) hours following physical inspection of
the site.
(b) In the event that the Commission determines, in its
discretion, that a certification (i) is materially deficient in
regard to the scope, nature or detail of information provided, (ii)
17
contains any material errors or (ill) provides information
F ndicating that the user's backflow prevention device or system is
inadequate or unsatisfactory, then the commission shall notify the
user its writing of such .defect. This subsequent notice to the user
shall have the same effect as the initial notice to the user
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 Commission a certificatlori as described
in (a) above, which certification, in addition to the regu2rements
of (a) above, specifically states the manner in which the defect
identified in the Commission's subsequent notice has been cured.
(c) In the event that either the certification described irl
subsection (a). above is not delivered to the CommiseIlon within
thirty (30) days of the date of the Commission's initial notice . to
the user, Or in the event that the certification described in
subsection (b) above is not delivered to the Commission within
fifteen (15) days of the CornmissionIs subsequent notice, the
Commission and /or its agents, and /or its contractors andjor its
employees shall be permitted entry to the subject premises during
I
egular business hours to perform ,the necessary inspection and
testing, and, if necessary, to install the appropriate backflow
prevention device or system. The user shall be liable for the
total of all costs cr expenses ,incurred by the Commission -in
performance of the foregoing activities plus a fee equal to twenty -
five (25%) percent of such total, which fee shall be applicable to
the administrative expenses of the Commission in connection with
0
X8
F
performance of such work.
Is (d) Th.e Commiss.ion shall establish, anti .each user shall pay,
a filing fee 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) The Commission shall maintain files of (i) the surve�Fs
described in Section 3 above of all users who have been surveyed in
order to determine if such users might be potentially hazardous
users as well as (ii) the certifications of all users identified as
potentially hazardous users, both as required in subsection (a)
above and in subsection (£) below. Such files shall be and remain
the property of the Commission.
(f) Each user who has been identified by the Commission as a
potentially hazardous user and has been sent a notice by the
Commission, in accordance with subsection (a) above shall be
required to deliver to the Commission an updated certification as
described in subsection (a) above not less than once'duri.ng every
twelve (1 2) month period following the date of the Commission's
Initia] notice. The Commission }nay deliver notices of such
requirement for updated certifications to users periodically. In
any case that the Commission has notified a user that a
certification is defective as described in subsection (b) above,
the user shall be required to deliver to the Commission additional
written certifications, as described in subsection (a) above, once
I
n each four (4) month period during the twelve (12) months
1�
F
following delivery of the defective certification.
Is (g) In the event that any potentially hazardous user intends
D
to install any backf low prevention device at its premises, prior to
F
nstallation of such device the user shall deliver to the
Commission a written statement 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 such approval of the
Tompkins County Health Department as may be required and,
thereafter, the Commission's written consent to such plans. if the
installation of the device deviates substantially from such plans,
the maser shall obtain such approval of the Tompkins County Health
Department as may be required and, thereafter, the Commission's
w itten Consent to such deviation.
(h) In the event that a user has received a notice in
accordance with subsection (a) above does not deliver the required
certification to the Commission by the elate thirty (30) days
following the date of the Commission's initial notice, in addition
to the options described in subsection (c) above, the Commission
may deliver an-additional notice to the user stating the terms of
hubsection (c) above as well as the pena -lty provisions of Section
6 hereof.
Section 5. Administration of Backflow Prevention Pro ram
(a) The Commission shall (1) appoint an administrator for the
backflow prevention program who shall be an employee of the
Commission, or (ii) select arld engage an engineering or contracting
or similar firm or person to act as administrator for the backf1ow
Chi]
E
CIS
❑I
prevention program, or (iii) administer the backflow prevention
program itself or ( v) combine options (i), {ii) and (iii) in
structuring and assigning the various tasks of the administration
progran. If the Commission proceeds under option (11)-f (ii), (iii)
or (iv) of the preceding sentence, the Commission may, at any time,
at its discretion subject to the terms of any employment agreement
or other contract then in effect, proceed under another of these
options.
(b) The program administrator- shall be responsible for the
following=
(i) Formulating and implementing an education program for
the public regarding the New York State- requirements regarding
cross »connection control, the provisions of the local law regarding
the same and the backflow prevention progz•am. Such a program may
include' conducting public meetings to discuss this Law, the
procedures herein and the performance of the surveys. The
administrator may inform the local press and radio and television
media of such meetings,-and in such event shall request the local
press and radio and television media to make arnnouncements of the
dross - connection control program as ,a public service.
fii) Providing information to persons who are interested
in becoming certified backflow prevention testers as to haw to
obtain the necessary training and certification. The fee for
participation in the training program and obtaining the
certification shall be established by the organization which
pro tides the training.
All of the expenses of training and
21
O application shall be paid by the applicant.
(iii) Supervising and scheduling surveys of existing
users of the water system and monitoring the connection of new
users to the system, and obtain such information from such new
users as is necessary, to identify and maintain an up -to -date
record of potentially hazardous users. Also, developing the format
and content of the reports to be delivered to the Commission for
each survey performed.
(iv) Developing standards for identification of
potentially hazardous users.
(v) Preparing and delivering the notices described
elsewhere in this Law to users identified as potentially hazardous
users and communicating with such users in regard to the
® certification requirements and providing to new users information
regarding such requirements.
(vi) Establishing and monitoring the annual certification
program.
(vii) Overseeing the inspection, testing and
certification of potentially hazardous users that have failed to
Comply with the certification requirements of this Law.
(viii) Monitoring the installation of new back -flow
prevention devices and the repair, overhaul or replacement of
existing backflow devices.
(ix) Preparing and submitting all required or appropriate
documentation in regard to the cross- connection control programs to
the New York State authority responsible for collecting such
•
22
information.
(x) Preparing and submitting to the Commission, with such
F
frequency as is determined by the Commission, detailed written
reports of the status of the backflow prevention program and of
tasks performed by the administrator in connection with the program
during the period covered by the report.
(xi) Performing, such other tasks as are necessary or
appropriate in order to affect the requirements of New York State
law regarding cross- connection control and of the New York State
Cross - Connection Control Law and of this law, and performing such
other functions as are requested by the Commission in connection
with the backflow prevention program.
(c) - The administrator shall maintain a file of certified
Is backflow prevention device testers, and shall maintain a file of
the results of all tests and inspections performed by, and
certifications prepared ley, such persons. The administrator shall
also verify that such certified backflow prevention device testers
have obtained the necessary or appropriate certification from the
State of New York and that such certification is current as of the
Mate of such person's p( xrformance of any 'bask in accordance with
this law.
(d) The Commission shall have the authority to delegate to the
program administrator any and all of the tasks described in Section
4 of this Article.
{e) All records and files maintained by the program
administrator are and shall remain the property of the Commission
23
and shall be maintained at the office of the Commission and be made
available for review upon written request.
Section C. Penalties.
(a) In the event of noncompliance by any user with any term or
provision of this Law, the administrator7 shall submit a written
statement summarizing such noncompliance to the Commission not
later than five (5) business days fallowing the administrator's
learning of such noncompliance. The Commission shall determine
whether such noncompliance shall require Imposition of pirnalties as
provided in accordance with the Cross- Connection Control Law, or
direct the program administrator to recommend, and if approved by
the Commission., to +monitor, a modified program of compliance for
such non - compliant user. If the Commission requires imposition of
penalties, or if the Commission approves a modified program of
compliance, the Commission shall notify the user of same in
writing, The se may in response to such notice, deliver to the
Commission a written statement explaining the reasons for the
user's noncompliance and detailing the user's plans for compliance.
the Commission may invite the user to its next scheduled meeting to
discuss the terms of the userfs statement. Following its review of
the userfs statement, and the discussion, if any; of same, the
Commission may amend the penalties and /or the modified program of
compliance described in the Commission's notice, The Commission
shall inform the user of such amendment in writing.
(b} In addition to any other penalties provided in the Cross
4
OConnection Control Law, a user's failure to provide to the
Commission any certification required in accordance with Section 4
of this Law shall result in the imposition of a fine which shall
equal twenty -five ($25.00) dollars for each day beyond the one
hundred eightieth (180th) day following the date of the original
notice to the user (as described in Section 4, subsection (a)
hereof) multiplied by the number of inches of diameter of the
largest pipe supplying public water to such user's premises.
Section 7. Residential Users
(a) Residential users shall be considered potentially
hazardous users if a determination is made by the Commission 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 non - residential 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:
i. 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 may either comply with all
currently applicable requirements of the New York State Cross-
Connection Control law and of the New -York State Department of
•
25
Ell
1 F
Health Cross - Connection Control Guide, or abandon use of the
private well supply in a proper manner.
ii. 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(x) New York State,Cross - Connection
Control Law. Residential. users who own, operate, install or
relocate a "pop -up" lawn sprinkler system, rather than a strictly
underground sprinkler system, shalljikewioe be required to Install
an acceptable reduced pressure zone device under subpart 5- 1.31(a ),
unless such owners apply in writing to the Commission for a waiver
of this requirement and receive written confirmation from the
Commission of such waiver. The requirement described in this
subsection {ii} shall not apply to lawn sprinkler systems that are
six inches or more above grade.
Section S. Private Hydrants
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
subpart 5- 1.31(x) of the NYS 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 purp68es.
2 C
Seuti.on 9.
Containment Devices
All non- residential users of the public water supply shall be
required to obtain written approval from the Tompkins County Health
Department and the Commission of the enact location of any
containment device to be installed or relocated on their property
prior to such installation or relocation.
Section 10. Multiple Customer Distribution Systems
A "multiple customer distribution system " has.been defined by
the New York State Department of Health as ,including all strip
shopping centers, malls and similar water distribution networks.
All multiple customer distribution systems shall be identified as
potentially hazardous users, because there is generally no
communication with the Commission regarding changes in individual
customers using such systems. Owners and/or their agents of such
systems shall be required to install acceptable reduced pressured
zone protection in such systems within, the common service portions
of such systems. Owners and /or their agents of multiple customer
distribution systems may be granted a waiver of compliance with the
foregoing requirement provided that they submit to the Commission
detailed written description of (a) the system and its users and
(b) . any change in any of the users of such system within thirty
(30) days of such change. Failure- on the part of the owner and /or
their agents to deliver the foregoing notification of change of
users shall automatically make void the waiver from compliance with
the requirement to install adequate reduced pressure zone
is protection in the multiple customer distribution system.
27
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0
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motter therein which is not opplia■hte,)
1. (FIrtol odapllnit 16y Iomisl leg lip l ail " hndy only.) ,
I hereby flertif y tile)
t4 v
of Town �[. llry
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the toe 01 ttk w anrrbmcd Fin retn , fir, .gignnI tn. LIaL9IipI':II
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N
PREAMBLE
WHEREAS, the State of New York has adopted the New York State
Sanitary Code (10 NYCRR [Health), Volume A, Chapter 1, State
Sanitary Code, Part 5) which contains Subpart 5 -1, entitled "Public
Water Supplies," and which, in turn, contains Section 5 -1.31,
entitled "Cross- Connection Control" (the NYS Cross- Connection
Control Law "), and
WHEREAS, the New York State Department of Health issued a
policy statement regarding public water supply cross - connections in
the Department of Health's Bureau of Public Water Supply's
publication entitled "Public Water Supply Guide: Cross- Connection
Control," dated January, 1981, and
i� WHEREAS, the Town of Dryden, the Town of Ithaca, the Town of
Lansing, the Village of Cayuga Heights and the Village of Lansing
are members of the Southern Cayuga Lake Intermunicipal Water
Commission (the "Commission "), and the Commission is responsible to
act on behalf of the member municipalities in enforcing State and
local Cross- Connection Control Laws, and
WHEREAS, the Town of Dryden desires to establish a local
Cross - Connection Control Law in order to provide additional
safeguards to potable water supplies by implementing a more
comprehensive and effective back -flow prevention program that
conforms to the requirements of the New York State Cross - Connection
Control Law and New York State Department of Health policy
guidelines:
0
1
L�
NOW, THEREFORE, the Town of Dryden enacts this Local Law to be
known as the Cross- Connection Control Law (or CCC Law).
ARTICLE I. PURPOSE, INTERPRETATION AND SEVERABILITY
1. The purpose of these regulations is to safeguard potable
water supplies by preventing backflow into public water systems.
29 This Law is to be interpreted reasonably. In applying
this Law, 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. In this Law,
where a reference is made to a relationship between the Commission,
or any authorized representative of the Commission, and a user of
any approved water supply, it shall be understood that the
Commission, or its authorized representative, is acting on behalf
of the Town.
3. If any article, section, paragraph, subdivision, clause,
phrase or provision of this Law shall be adjudicated invalid or
unconstitutional, the validity of this Law as a whole, or any part
thereof other than the part so adjudicated to be invalid or
unconstitutional, shall not be affected.
ARTICLE II. DEFINITIONS
1. Cross- Connections. The term "cross- connection" as used in
these regulations means any unprotected connection between any part
of a water system used or intended to supply water for drinking
2
0
0
purposes and any source or system containing water or substance
that is not or cannot be approved as equally safe, wholesome, and
potable for human consumption.
2. Approveed Water Supply. The term "approved water supply"
means any water supply approved by the New York State Department of
Health,
3. Auxiliary Supply. The term "auxiliary supply" means any
water supply can or' available tc the premises other than the
approved public water supply.
4. Vacuum Breaker - Nonpressure Type. A vacuum breaker which
is designed so as not to be subjected to static lino pressure.
5. Vacuum Breaker - Pressure Type. A vacuum breaker designed
to operate under conditions of static line pressure.
6. Approved Check Valve. The term "approved check valve",
means a check valve that seats readily and completely. It must be
carefully machined
to
have
free moving parts and
assured
watertightness. The
face
of
the closure element and valve
seat
must be bronze, composition, or other non - corrodible material which
will seat tightly under all prevailing conditions of E ield use
Pins and bushings shall be of bronze or other ncn - corrodible, non-
,
stinking material, machined for easy, dependable operation. The
closure element, e.g. clapper, shall be internally weighted or
otherwise internally equipped to promote rapid and positive closure
in all sizes where this feature ii�; obtainable.
7. Approved Double Check Valve Assembly. The term "approved
double check valve assembly," means an assembly of at least two
3
{
El
to
f
L 1
independently acting check valves, including tightly closing
shutoff valves on each side of the check valve assembly and
suitable leaf detector drains plus connections available for
testing the watertightness of each chock valve. This devise must
be approved as a complete assembly.
8. Approved Reduced Pressure Principle Backflow Prevention
Device. The term "approved reduced pressure principle bac flow
prevention device" means a device incorporating two or more check
valves and an automatically operating differential relief valve
located between the two checks, two shutoff values, and equipped
with necessary appurtenances for testing. The device shall, operate
to maintain the pressure in the zone between the two check valves,
less than the pressure on the public water supply side of the
device. At cessation of normal flow, the pressure between check
valves shall be less than the supply pressure. In case of leakage
of either check valve, the differential relief valve shall operate
to maintain this reduced pressure by discharging to the atmosphere.
When the inlet pressure is two pounds per square inch or less, the
relief valve shall open to the atmosphere, thereby providing an air
gap in the device. To be approved, these devises must be readily
r
accessible for maintenance and testing and installed in a location
where no part of the valve will be submerged. The enclosure must
be self- drainling, so that the large amount of water which the
relief valve may vent will he disposed of reliably without
submergence of the relief valve. This device must also be approved
as a complete assembly.
S
LJ
90 Air -Gap Separation. The term "air gap separation " means
a physical break between a supply pipe and a receiving vessel. The
air gag shall be at least double in the diameter of the supply
pipe, neasured vertically above the top rim of the vessel, in no
case less than one inch.
10. Water Supervisor. The term "water supervisor" moans the
conExUmer or a person on the premises charged with the
responsibility of cpmplete knowledge and understanding of the water
supply Piping within the premises and for maintaining the
consumer's water system free from crv$s- connections and other
sanitary defects, as required by regulations and laws.
11. Certified Backflow Prevention Device Tester -- is a person
who as examined annually by the water purveyor and found competent
for the testing of backflow prevention devices. He shall be
provided with an appropriate identification card which must be
renewed annually. Failure to perform his duties competently and
conaoiensciously will result in prompt withdrawal of his
certification.
ARTICLE III*
PROTECTION OF PUBLIC WATER SYS'T'EM AT SERVICE CONFECTION
A. Where Protection Is required.
1. Each sexvice connection from a public water system
for supplying water to premises having an auxiliary grater supply
shall be protected against backflow of water from the promises into
the public water system, unless the auxiliary water-supply is
W
E
approved as an additional source by the water purveyor and is
satisfactory to the public health agency having jurisdiction with
regard to quality and safety, or the auvzxliar water supply is
properly abandoned.
2. Each service connection from a public water system
for supplying water to premises, on which any substance the than
supplied water i.s handled under pressure in such fashion as to
permit entry into the water system, shall be protected against
backflow of the water from the premises into the public system.
This shall include the handling of process waters and waters
originating from the pubic mater supply system which may have been
subject to deterioration in sanitary or chemical quality.
3. Each service connection from a public water system
for supplying water to premises on which any substance that is
unusually toxic or a danger to human health is or may be handled in
liquid form, or in solid or gaseous Form if such substance is
I
ntended to be used after converslon to liquid form, even if such
substance is not under pressure, shall be protected against
backflow of the water from the premises into the public water
systems Examples,of such premises include, but are not limited to,
plating factories, premises on which cyanide is handled and
hospitals. This paragraph is not intended to apply to normal
resident,lal installations.
4. Backflow prevention devices shall be installed on the
service connection to any premises that have internal cross-
connections, unless such cross - connections are abated to the
N
satisfaction of the water purveyorw it shall be the responsibility
of the water purveyor to provide and maintain these protective
devices and each one must be of a type acceptable to the State
Health Department.
B. Type of Protection. The protection device required shall
depend on the degree of hazard as tabulated below:
1. At the service connection to any premises where there
is an approved auxiliary water supply handled in a separate
piping system with no known cross - connection, the public water
supply shall be protected by an approved double cheek valve
assembly.
. At the service connection ors any premise on which
there is an auxiliary water supply where cross - connect Ion a are
known to exist which cannot be presently eliminated, or where the
auxiliary water supply is not approved, the public water, supply
system shall be protected by an air gap separation or are approved
reduced pressure principle backf.low prevention device.
3. At
the
service
connection
to
any
premise
on
which
a
substance that
would
be
objectionable
(but
not
necessarily
hazardous to health if introduced into the public water E�upply) is
r
handled so as to constitute a cross - connection, the public water
supply shall be protected by are approved double check valve
assembly.
4. At each service connection from a public water system
for supplying water to premises on which any substance that is
unusually toxic or a danger to human health is or may be handled,
7
in liquid fora, or in solid, or gaseous form if such substance is
intended to be used after conversion to liquid form, even if it is
not under pressure, the public water suppler shall be protected by
an air -gap separation or an approved reduced pressure principle
back-flaw prevention device.
5. At each service connection from a public water system
for supplying water to premises on which any substance that is
unusually toxic or dangerous to human health is or may be handled
under pressure, the public water supply shall be protected by an
air -gap separation or an approved reduced pressure principal back-
flow prevention device.
66 At the service connection to any sewage treatment
plant or sewage pumping station, the public water suppler shall be
Is Protected by an air gap separation. The air gap shall be located
as close as practicable to the water meter 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.
C. Frequency of Inspection of Protective Devices.
I
It shall be the duty of the water Laser on any premise on
account of which backf low protective devices are installed, to have
competent inspections made at least once a year, or more often in
those instances where successive inspections indicate repeated
failure. These devices shall be repaired, overhauled or replaced
at the expense of the water user whenever they are found to be
!01
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CC
defective. These tests shall be performed by a qualified backflow
prevention device tester, and all test results will be provided to
the water purveyor within 72 hours after the test is made. Records
of such tests, repairs and overhauls shall also be kept and made
available to the water purveyor and the local Health Department
upon request.
ARTICLE ITT
PROTECTION OF POTABLE WATER SYSTEM WITHIN PREMISES
Section 1. Separate Drinking water Sy_stem9
Whenever the plumbing inspector determines that it is not
practical to protect drinking rater systems on premises against
entry of water from a source or Piping system or equipment that
cannot be approved as safe or potable for human use, are entirely
separate drinking grater system shall be installed to supply water
at points convenient for consumers.
Section 2. Fare Systems
Water systems for fighting fare, derived from a supply that
cannot be approved as safe or potable for h=an use shall, wherever
practicable, be kept wholly separate from drinking water pipelines
and equipment. In cases where the domestic water system is used
for both drinking and fire - fighting purposes, approved backfxow
prevention devices shall be installed to protect such individual
drinking water lines as are riot used far fire- fighting purposes.
Any auxiliary fire - fighting water supply which is not approved for
potable purposes, but which is so connected that it may be
W
introduced into potable water piping during an emergency, shall be
it equipped with an approved automatic chlorination machine. It is
CIU
hereby declared that it is the responsibility of the person or
persons causing the introduction of said unapproved or unsafe water
into the pipelines to see; that a pTocedure he developed and
carried out to notify and protect users of this piping system
during the emergency (2) that special precautions be taken to
disinfect thoroughly and flush out all pipelines which may become
contaminated before they are again used to furnish drinking water.
In the event the means of protection of'water consumers is by
disinfection of the auxiliary f'ireWfighting supply, the
installation and its use shall be thoroughly reliable. (3) The
public water supply must be protected against backflow from such
dual domestic fire systems, as detailed in Article 3.
Section 3. Process Waters
Potable water pipelines connected to equipment for industrial
processes or operations shall be protected by a suitable backflow
prevention device located beyond the last point from which drinking
water may be taken, which device shall be provided on the feed line
to process piping or equipment. In the event the particular
F
process liquid is especially corrosive or apt to prevent reliable
action of the backflow prevention device, air gap separation shall
be provided. These devices shall be tested by the water user at
least once a year; or more often in these instances where
successive inspections indicate repeated failure. The devices
shall be repaired, overhauled or replacer whenever they are found
El
to be defective. These tests must be performed by a qualified
backflow prevention device tester and records of tests, repairs,
and replacement shall be kept and made available to the water
purveyor and the health department upon request.
Section 4. Sewage Treatment Plants and Pumping Stations
Sewage pumps shall not have priming connections directly off
any drinking water systems. No connections shall exist between the
drinking water system and any other piping, equipment or tank in
any sewage treatment plant or sewage pumping station.
Section 5. Plumbing Connections
Where the circumstances are such that there is special danger
to health by the backflow of sewage, as from sewers, toilets,
hospital bedpans and the like, into a drinking water system, a
dependable device or devices shall be installed to prevent such
backflow.
The purpose of these regulations is not to transcend local
plumbing regulations, but only to deal with those extraordinary
situations where sewage may be forced or drawn into the drinking
water piping. These regulations do not attempt to eliminate at
this time the hazards of back�siphonage through flushometer valves
on all toilets, but deal with those situations where the likelihood
of vacuum conditions in the drinking water system is, definite and
there is special danger to health. Devices suited to the purpose
of avoiding back- siphohage from plumbing fixtures are roof tanks,
barometric loops or separate pressure systems separately piped to
supply such fixtures, recognized approved vacuum or siphon breaker
11
4
❑I
and other backf low protective devices which have been proved by
appropriate tests to be dependable for destroying the vacuum.
Inasmuch as marry of serious hazards of this kind are due to
water supply piping which is too small, thereby causing vacuum
conditions when fixtures are flushed or water is drawn from the
system in other ways, it is recommended that water supply piping
that is too small be enlarged whenever possible.
Section 5. Pier and Dock Hydrants
BackfloW protection by a suitable backflow pr8vention device
shall be provided on each drinking water pierhead outlet used for
supplying vessels at piers or waterfronts. These assemblies must
be located where they will prevent the return of any water from the
vessel into the drinking water pipeline or into another adjacent
vessel. This will prevent such practices as connecting the sh'i'p
fire- pumping or sanitary pumping system with a dock hydrant and
thereby pumping contaminated water into the drinking water system,
and thence to adjacent vessels or back into the public means.
Section 7. Marking Safe and Unsafe Water Lines
(a) Where the premises contain dual or multiple water
systems and piping, the exposed portions of pipelines shall be
painted, banded or marked at sufficient intervals to distinguish
clearly which water is safe and which is not safe. All outlets
from secondary or other potentially contaminated systems shall be
posted as being contaminated and unsafe for drinking purposes. All
outsets intended, for drinking purposes shall be plainly marked to
indicate that fact.
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.I]
(b) Water Supervisor. The health department and the
water purveyor shall be kept informed cf the identity of the person
responsible for the water piping vn all premises concerned with
these regulations. At each premise, where it is necessary in the
opinion of the grater purveyor, a water supervisor shall be
designated. This water supervisor shall be responsible for the
P
nstallation and use of pipelines and equipment and for the
avoidance of cross - connections.
{c) In the event of contamination or pollution of the
drinking water system due to a cross - connection on the Premises,
the local health officer and water purveyor shall be promptly
advised by the person responsible for the water system so that
appropriate measures may be taker, to overcome the contamination.
ARTICLE V
RECOURSE FOR NON - COMPLIANCE
Section I
No water service connection to any premises shall be installed
or maintained by the water purveyor, unless the water supply is
protected as required by state regulations and this rule,
r
Section 2.
Service of water to any premises may be discontinued by the
water purveyor, if a backflow preventive device required by this
rule and regulation is not installed, tested, and maintained; if
any defect is found in an installed baQkflow preventive device; if
it is Found that a backflow preventive device has been removed or
13
bypassed; if unprotected cross - connections exist on the premises.
Service will not be restored until such conditions or defects are
corrected.
ARTICLE DTI
Section 1. The Commission
(a) The Commission shall at all times employ a minimum of one
employee who is cQrrently a certified bac flow prevention device
tester.
(b) The Commission shall distribute copies of the CCC Law to
each person who applies to the commission to perform a certified
backflow prevention device test and to each user identified by the
Commission as a potentially hazardous user.
(c} The Commission shall maintain membership in such
professional organizations that contribute to an understanding of
cross - connection control as the Commission deems appropriate.
Section 2. Installation of and Servicing Water Distribution
systems
(a) All persons involved in the installation, repair,
modification or serviQing of any part of a distribution system
connected to an; approved water supply shall take all steps
necessary or appropriate to minimize the occurrence of bac flew and
any subsequent 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 and providing of information to the ultimate users of the
distribution system regarding the potential problems resulting from
14
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backf low and the measures necessary or appropriate to prevent
backf low in accordance with the New York State Cross Connection
Control Law and New York State Department of Health requirements.
(b) In each case that an existing connection to the approved
public water supply is modified, remodeled, relocated or altered in
any manner requiring a plQmbing Permit from the commission, the
user shall he required to cause such mark to conform to all
applicable requirements of the Crass - Connection Control Law and
this Law Tegarding the installation of a backflow device.
Section 3_ Survey of Users
(a) The Commission shall develop and maintain a oomprehensjve
list, based on existing Commission records and files, of all users
of the public water system who, under applicable New York State
lair, may be considered to be potentially hazardous users.
(b) The Commission shall, at its expense, utilizing either its
own personnel or independent contractors or a combination of botho
perform surveys of all users of the public water supply identified
by the Commission as potentially hazardous users. Any person who
is selected, by the Commission to perform such surveys, whether an
employee of the Commission or an independent contractor, shall be
required to have demonstrated to the satisfaction of the Commission
that such person has received such training as i_S necessary or
appropriate to perform the surveys in a thorough and accurate
manner. All surveys shall include a physical inspection at the
site of the user and shall provide information M as to whether
the user is a potentially hazardous user, (ii) as to whether the
15
❑I
user has installed appropriate backf low prevention devices that are
on the current New York State Department of Health approved list
and (iii) as to whether such devices appear to be properly
installed.
(c) On the basis of the aforementioned surveys, the Commission
shall, at its expense, develop a list of users identified as
potentially hazardous users.
(d) The Commission shall prioritize the foregoing list so as
to identify potentially hazardous users as being either highly
potentially hazardous, moderately potentially hazardous or less
potentially hazardous users. The notices described in Section 4
below shall be delivered first to the highly potentially hazardous
users, second to the moderately potentially hazardous users and
third to the less potentially hazardous users.
(e) The Commission shall survey users newly - connected to the
public water system and periodically re- survey existing users to
determine whether any of such users are potentially hazardous users
and , if such user is identified as being potentially hazardous, to
determine in which of the three categories such user shall be
placed.
Section 4. Certification of Potentially Hazardous Users
(a) The Commission shall, at its own expense, prepare and
deliver
a notice to
each user
that
the Comtgi_ssion,
as
a result
of
the
above - described
surveys,
hay
identified
as
a
potentially
hazardous user. The notice shall state the reason that such user
has been identified as a potentially hazardous user and shall
16
briefly summarize the results of the Commission's survey of such
user and the type of work such user would have to perform i,n order
to bring the user's site into compliance with applicable law.
Immediately upon receipt of such notice, each user to whom such a
notice has been delivered shall be obligated to obtain and deliver
to the ConmiBsion written certification (i) certifying whether the
hazard described in the Commission's 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 prepared by a licensed professional
engineer who has adequate training, in the opinion of the
Commission, in sanitary engineering, including in backflow
prevention systems, water distr1lbution and hydraulics, and 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 Law as a "certified backflow prevention
device tester "). The certification shall be dated, signed and
sealed by the certified backflow prevention device tester not later
than seventy -two. (72) hours following the performance of any
necessary tests at the site, and, if no testing was performed, not
later than forty- ea.ght (48) hours Following physical inspection of
the site.
(b) In the event that the Commission determines, in its
discretion, that a certification (1) is materially deficient in
regard to the scope, nature or detail of information provided, (ii)
17
contains any material errors car (zzi) provides information
indicating that the user's backfl.ow prevention device or system is
inadequate or unsatisfactory, then the Commission shall notify the
user in writing of such defect. This subsequent notice to the user
shall have the same effect as the initial notice to the user
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 Commission a certification as described
in (a) above, which certification, in addition to the requirements
of (a) above, specifically states the manner in which the defect
identified in the Commission's subsequent notice has been cured.
(c) In the event that either the certification described in
subsection (a) above is not delivered to the Commission within
thirty (30) days of the date of the Commission's initial notice to
the user, or in the event that the certification described iin
subsection (b) above is not delivered to the Commission within
fifteen (15) days of the Commission's subsequent notice, the
Commission and/or its agents, and/or its contractors and/or its
employees shall be permitted entry to the subject premises during
regular business. hours to perform the necessary inspection and
testing, and, if necessary, to install the appropriate backfiaw
prevention device or system. The user shall be liable for the
total of all costs or expenses incurred by the Commission in
Performance of the foregoing activities plus a fee equal to twenty
five (25%) percent of such total, which fee shall be applicable to
the administrative expenses of the Commission in connection with
18
C7
A
performance of such work.
(d) The Commission shall establish, and each user shall pay,
a filing fee for the filing of the above- described cerrtification ;.
Such fees may vary depending upon the Mature of the user's
business, the volume of water used by the user, and the size, age
and location of the user's faciIities.
(e) The Commission shall maintain files of (i} the surveys
desca: ibed in Section 3 above of all users who have been surveyed in
order to determine if such users might be potentially hazardous
users as well as (W the certifications of all users identified as
potentially hazardous users, both as required in 5ubsectian (a)
above and in subsection (f) below. Such files shall be and remain
the property of the Commission.
(f) Each user who has been idsntified by the Commission as a
potentially hazardous user and has been sent a notice by the
Commission in accordance with subsection (a) above shall be
required to deliver to the Commission an updated certification as
described its subsection (a) above not Less than once during every
twelve (12) month period following the date of the Commission's
initial notice. The Commission may deliver notices of such
requirement for updated certifications to users periodically, In
any case that the Commission has notified a user that a
certification is defective as described in subsection (b) above,
the user shall be required to deliver to the Commission additional
written certifications, as described in subsection (a) above, once
I
n each four (4) month period during the twelve (12) months
19
IC
F
J
following delivery of the defective certification.
(g) In the event that any potentially hazardous user intends
to install any backflow prevention device at its premises, prior to
installation of such device the user shall deliver to the
Commission a written statement 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 such approval of the
Tompkins County Health Department as may be required and,
thereafter, the Commission's written consent to such plans. If the
installation of the device deviates substantially from such plans,
the user shall obtain such approval of the Tompkins County Health
Department as may be required and, thereafter, the Commission's
written consent to such deviation.
(h) In the event that a user has received a notice in
accordance with subsection (a) above does not deliver the required
certification to the Commission by the date thirty (30) days
following the date of the Commission's initial notice, in addition
to the options described in subsection (c) above, the Commission
may deliver an additional notice to the user stating the terms of
subsection (c) above as well as the penalty provisions of Section
6 hereof.
Section 5. Administration of Backflow Prevention Program
(a) The Commission shall (i) appoint an administrator for the
backflow prevention program who shall be an employee of the
Commission, or (ii) select and engage an engineering or contracting
or similar firm or person to act as administrator for the backflow
20
C
prevention program, or {iii) administer the backflow prevention
program itelf or (iv) combine options (i), (ii) and (ii
s i) in
structuring and assigning the various tasks of the administration
program. If the Commission proceeds under option (z), (ii), (iii)
or (iv) of the preceding sentence, the Commission may, at any time,
at its discretion subject to the terms of any employment agreement
or other contract then in effect, proceed under another of these
options.
(b) The program administrator shall be responsible for the
following.
(i) Formulating and imPlementing an education program for
the Public regarding the New York State requirements regarding
cross - connection control, the Provisions of the local law regarding
the same and the backflow prevention program. Such a program may
include conducting public meetings to discuss this Law, the
procedures herein and the performance of the surveys. The
administrator may inform the local Press and radio and television
media of such meetings, and in such event shall request the local
press and radio and television media to make announcements of the
cross - connection control program as a public service.
{ii) Providing information to persons who are interested
in becoming certified backflow prevention testers as to how to
obtain the necessary training and certification. The fee for
participation in the training program and obtaining the
certification shall be established by the organization which
provides the training. All of the expenses of training and
21
i
application shall be paid by the applicant.
(iii) Supervising and scheduling surveys of existing
users of the water system and monitoring the connection of new
users to the system, and obtain such information from such new
users as is necessary, to identify and maintain an up -to -date
record of potentially hazardous users. Also, developing the format
and content of the reports to be delivered to the Commission for
each survey performed.
(iv) Developing standards for identification of
potentially hazardous users.
(v) Preparing and delivering the notices described
elsewhere in this Law to users identified as potentially hazardous
users and communicating with such users in regard to the
certification requirements and providing to new users information
regarding such requirements.
program.
(vi) Establishing and monitoring the annual certification
(vii) Overseeing the inspection, testing and
certification of potentially hazardous users that have failed to
comply with the certification requirements of this Law.
(viii) Monitoring the installation of new back -flow
prevention devices and the repair, overhaul or replacement of
existing backflow devices.
(ix) Preparing and submitting all required or appropriate
documentation in regard to the cross - connection control programs to
the New York State authority responsible for collecting such
22
III
C
information.
(x) Preparing and submitting to the Commission, with such
frequency as is determined by the Commission, detailed written
reports of the status of the backflow prevention program and of
tasks performed by the administrator in connection with the program
during the period covered by the report.
(xi) Performing such other tasks as are necessary or
appropriate in order to affect the requirements of New York State
law regarding cross - connection control and of the New York State
Cross- Connection Control Law and of this law, and performing such
other functions as are requested by the Commission in connection
with the backflow prevention program.
(c) The administrator shall maintain a file of certified
backflow prevention device testers, and shall maintain a file of
the results of all tests and inspections performed by, and
certifications prepared by, such persons. The administrator shall
also verify that such certified backflow prevention device testers
have obtained the necessary or appropriate certification from the
State of New York and that such certification is current as of the
date of such person's performance of any task in accordance with
this law.
(d) The Commission shall have the authority to delegate to the
program administrator any and all of the tasks described in Section
4 of this Article.
(e) All records and files maintained by the program
administrator are and shall remain the property of the Commission
23
L
E
and shall be maintained at the office of the Commission and be made
available for review upon written request.
Section 6. Penalties.
(a) In the event of noncompliance by any user with any term or
provision of this Law, the administrator shall submit a written
statement summarizing such noncompliance to the Commission not
later than five (5) business days following the administrator's
learning of such noncompliance. The Commission shall determine
whether such noncompliance shall require imposition of penalties as
provided in accordance with the Cross- Connection Control Law, or
direct the program administrator to recommend, and if approved by
the Commission, to monitor, a modified program of compliance for
such non - compliant user. If the Commission requires imposition of
penalties, or if the Commission approves a modified program of
compliance, the Commission shall notify the user of same in
writing. The user may in response to such notice, deliver to the
Commission a written statement explaining the reasons for the
user's noncompliance and detailing the user's plans for compliance.
The Commission may invite the user to its next scheduled meeting to
discuss the terms of the user's statement. Following its review of
the user's statement, and the discussion, if any, of same, the
Commission may amend the penalties and /or the modified program of
compliance described in the Commission's notice. The Commission
shall inform the user of such amendment in writing.
(b) In addition to any other penalties provided in the Cross-
24
Connection Control Law, a user's failure to provide to the
• Commission any certification required in accordance with Section 4
of this Law shall result in the imposition of a fine which shall
equal twenty -five ($25.00) dollars for each day beyond the one
hundred eightieth (180th) day following the date of the original
notice to the user (as described in Section 4, subsection (a)
hereof) multiplied by the number of inches of diameter of the
largest pipe supplying public water to such user's premises.
Section 7. Residential Users
(a) Residential users shall be considered potentially
hazardous users if a determination is made by the Commission that
(i) an activity conducted at the residential property or (ii) a
circumstance specific to the residential property establishes an
Aequivalent degree of hazard as might be found in the situation of
a non - residential user. Examples of such activities and
circumstances include, but are not limited to, the presence of
C�
J
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:
i. 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 may either comply with all
currently applicable requirements of the New York State Cross-
Connection Control law and of the New York State Department of
25
1
Health Cross- Connection Control Guide, or abandon use of the
private well supply in a proper manner.
ii. 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) New York State Cross - Connection
Control Law. Residential users who own, operate, install or
relocate a "pop -up" lawn sprinkler system, rather than a strictly
underground sprinkler system, shall likewise be required to install
an acceptable reduced pressure zone device under subpart 5- 1.31(a),
unless such owners apply in writing to the Commission for a waiver
of this requirement and receive written confirmation from the
Commission of such waiver. The requirement described in this
subsection (ii) shall not apply to lawn sprinkler systems that are
six inches or more above grade.
Section 8. Private Hydrants
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
subpart 5- 1.31(a)� of the NYS 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.
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Section 9. Containment Devices
All non - residential users of the public water supply shall be
required to obtain written approval from the Tompkins County Health
Department and the Commission of the exact location of any
containment device to be installed or relocated on their property
prior to such installation or relocation.
Section 10. Multiple Customer Distribution Systems
A "multiple customer distribution system" has been defined by
the New York State Department of Health as including all strip
shopping centers, malls and similar water distribution networks.
All multiple customer distribution systems shall be identified as
potentially hazardous users, because there is generally no
communication with the Commission regarding changes in individual
customers using such systems. Owners and /or their agents of such
systems shall be required to install acceptable reduced pressured
zone protection in such systems within the common service portions
of such systems. Owners and /or their agents of multiple customer
distribution systems may be granted a waiver of compliance with the
foregoing requirement provided that they submit to the Commission
a detailed written description of (a) the system and its users and
(b) any change in any of the users of such system within thirty
(30) days of such change. Failure on the part of the owner and /or
their agents to deliver the foregoing notification of change of
users shall automatically make void the waiver from compliance with
the requirement to install adequate reduced pressure zone
protection in the multiple customer distribution system.
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