Current through Register Vol. 46, No. 39, September 25, 2024
(a) The
State Sanitary Code establishes safeguards for public water supplies by
preventing backflow into public water systems. In furtherance of such purpose,
these regulations are adopted to:
(1) protect
the public water supply against actual or potential cross-connections by
isolating within the premises contamination or pollution that may occur because
of some undiscovered or unauthorized cross-section on the premises;
(2) eliminate existing connections between
drinking water systems and other sources of water that are not approved as safe
and potable for human consumption;
(3) eliminate cross-sections between drinking
water systems and other sources of water or process water used for any purpose
whatsoever which jeopardize the safety of the drinking water supply;
(4) prevent the making of cross-connections
in the future; and
(5) encourage
the exclusive use of public sources of water supply.
(b) In the interest of public health, the
water board will not permit its mains or services to be connected with any
service pipe or piping which is connected with any source of water supply not
approved by the State Department of Health. In conformance with the State
Sanitary Code, the water board has implemented a cross connection control
program and shall not permit its mains or service pipes to be connected in any
way to any piping, tank, vat or other apparatus which contains liquids,
chemicals, contaminants or any other matter which might flow back into the
water board's service pipe or mains and consequently endanger the water supply
without the installation of a proper backflow prevention device as specified by
the State Department of Health, at a location approved by the commissioner. All
present and/or future users who present the potential danger of being in
violation of the State Sanitary Code shall install a backflow prevention device
at their expense, in accordance with the State Department of Health, cross
connection control regulations (10 NYCRR section 5-1.31) and as may be amended
from time to time. In the event any provisions of these regulations are
inconsistent with such State Department of Health regulations, the regulations
of the State Department of Health shall govern.
(c) Protection of public water system at
service connection.
(1) Where protection is
required.
(i) 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.
(ii) Each
service connection from a public water system for supplying water to premises
on which any substance 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 public water supply system which
have been subject to deterioration in sanitary quality.
(iii) Each service connection from a public
water system for supplying water to premises on which a substance of unusually
toxic concentration or danger to health is handled in liquid form, even though
it is not under pressure, shall be protected against backflow of water from
premises into the public water system. Examples are plating factories using
cyanide and hospitals.
(iv)
Backflow-prevention devices shall be installed on the service connection to any
premises that have actual or potential internal cross-connections.
(v) Backflow-prevention devices shall be
installed on the service connection to any premises in which the department is
not allowed to fully and completely review all processes within the
facility.
(2) It shall
be the responsibility of the user to provide protecting devices as required
under subdivision (d) of this section.
(d) Type of protection. The protective device
required shall depend on the degree of hazard as tabulated below:
(1) At the service connection to any premises
on which there is a substance that would be aesthetically objectionable, but
not necessarily hazardous to health, the public water supply shall be protected
by an approved double-check-valve assembly.
(2) At the service connection to any premises
on which there is an auxiliary water supply meeting the State drinking water
standards, the public water supply system shall be protected by an approved
double-check-valve assembly.
(3) At
the service connection to any premises on which there is an auxiliary water
supply not meeting the State drinking water standards, the public water supply
system shall be protected by an air-gap separation or an approved
reduced-pressure principle backflow-preventer device. The air gap shall be
located as close as practicable to the water meter, and all piping between the
water meter and the surge tank shall be entirely visible.
(4) At the service connection to any premises
on which any material dangerous to health or toxic substance in toxic
concentration is or may be handled under pressure, the public water supply
shall be protected by an air-gap separation. The air gap shall be located as
close as practicable to the water meter, and all piping between the water meter
and the surge tank shall be entirely visible. If these conditions cannot
reasonably be met, the public water supply shall be protected with an approved
reduced-pressure principle backflow-prevention device, provided that the
alternative is acceptable to both the department and the Erie County Health
Department.
(5) At the service
connection to any premises on which any material dangerous to health or toxic
substance in toxic concentration is or may be handled, but not under pressure,
the public water supply shall be protected by an air-gap separation or an
approved reduced-pressure principle backflow-preventer device. The air gap
shall be located as close as practicable to the water meter, and all piping
between the water meter and the surge tank shall be entirely visible.
(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 the
surge tank 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, provided that this
alternative is acceptable to both the department and the Erie County Health
Department.
(7) At the service
connection to any premises where the department is not allowed to fully and
completely review all processes within the building, the public water system
shall be protected by an air-gap separation or an approved reduced-pressure
principle backflow-prevention device. The air gap shall be located as close as
practicable to the water meter, and all piping between the water meter and the
surge tank shall be entirely visible.
(e) Frequency of inspection of protective
devices. It shall be the duty of the owner on any premises 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 certified
backflow-prevention-device tester, and all test results shall be made available
to the department and the Erie County Health Department.
(f) Notification of violations. The
commissioner shall notify the owner or authorized agent of the owner of the
building or premises in which there is found a violation of this section of the
regulations. The commissioner shall set a reasonable time for the owner to have
the violation removed or corrected. Upon failure of the owner to have the
defect corrected by the end of the specified time interval, the commissioner
may, if, in his judgment, an imminent health hazard exists, cause the water
service to the building or premises to be terminated and/or recommend such
additional fines or penalties to be invoked as herein may be
provided.
