Marlborough City Zoning Code
CHAPTER 149
Water
[Adopted 3-23-1981 as L.L. No. 1-1981]
§ 149-1 Compliance with regulations required.
[Amended 11-25-2002 by L.L. No. 7-2002]
It shall be unlawful and subject to the penalties provided for any person to do plumbing work in connection with the Marlborough Water District otherwise than in compliance with the terms and provisions of this article.
§ 149-2 Agents for issuance of permits and inspections.
[Amended 11-25-2002 by L.L. No. 7-2002]
The Superintendent of Marlborough Water District shall act as agent for the Town Board in the issuance of permits and the inspection of work.
§ 149-3 Approval required for engaging in installation work.
No plumber or firm shall engage in the installation of services unless and until such person or some member of said firm shall have been approved by the Town Board or the Superintendent of the respective district.
§ 149-4 Application for use of water.
All applications for the use of water from the mains or distribution pipes of either district must be made at the office of the Town Clerk, where a copy of the rules and regulations will be furnished, together with instructions as to the form prescribed for the purpose. The application shall state truly and fully each particular purpose and manner in which the water is to be used and the name of the plumber or firm selected to do the work and shall be signed by the owner of the premises or his authorized agent.
§ 149-5 Issuance of permit.
The permit may be granted thereupon by the Superintendent of the water district concerned to the plumber or firm designated, who will be recognized as the agent of the owner or applicant.
§ 149-6 Tapping; fees.
[Amended 8-28-1978 by L.L. No. 3-1978; 7-11-1983 by L.L. No. 6-1983; 8-22-1994 by L.L. No. 2-1994]
The tapping of water mains or distribution pipes and the furnishing of valves, boxes, curb valves, copper and material needed for restoration of the opening to the water main shall be done by the Marlboro Water District, to be paid for by the applicant for a water supply.
No single tap larger than three-fourths (3/4) inch (inside diameter) will be allowed, except by special permission issued by the Superintendent.
The tapping of a water main or distribution pipe shall be done by the Marlboro Water District as a service to the applicant. Tapping costs are included in the application fee.
The application fee for work performed by the Marlboro Water District in tapping the water main and appurtenances to and including the curb box and valve shall be set at the annual reorganization meeting of the Town Board.[1]
[1]
Editor's Note: The current fees resolution is on file in the office of the Town Clerk and may be examined there during regular office hours.
The application fee for work performed by the Marlboro Water District in tapping the water main and appurtenances to and including the curb box and valve, including backhoe services and backfilling, shall be set at the annual reorganization meeting of the Town Board.[2]
[2]
Editor's Note: The current fees resolution is on file in the office of the Town Clerk and may be examined there during regular office hours.
When it becomes necessary to cross a Town road to tap a main, the road shall be cut with a saw prior to excavation by a power shovel. Materials acceptable to the Superintendent of Highways shall be used for backfill and compacted as per his specifications. The work for replacing the bituminous wearing course shall be done by the Superintendent of Highways, at his discretion. The fee for highway service shall be set at the annual reorganization meeting of the Town Board.[3]
[3]
Editor's Note: The current fees resolution is on file in the office of the Town Clerk and may be examined there during regular office hours.
When it becomes necessary to cross a county road to tap a main, a permit shall be obtained from the Ulster County Highway Department. In the event that the permit requires boring under the county road, the applicant shall contract for the services of a private contractor, the costs to be borne by the applicant.
§ 149-7 Distribution of water to be independent of other systems.
Any water supply taken from the districts' system shall be distributed through a piping system entirely independent of any system conveying another water supply.
§ 149-8 Size of water supply pipes; fittings, valves and joints.
[Amended 8-22-1994 by L.L. No. 2-1994]
The minimum size of water service pipes from the curb to the meter shall be three-fourths-inch and the maximum size shall be two-inch copper service Type K tubing and brass fittings and valves. All joints between the main and the meter shall be flared, or a compression fitting approved by the Water Superintendent may be used.
Connections above two inches are to be of ductile iron and shall conform to the standards of water mains for each district.
Where a tap to an existing water main will serve more than one metered user, either existing or planned, and any user is more than 200 feet from the existing water main, there shall be installed a main, which specifications shall be determined by the Water Superintendent. If the tap is part of a site plan or subdivision review by the Town Planning Board, the Water Superintendent shall review said plans and provide specifications prior to final approval of said plans.
[Added 11-25-2002 by L.L. No. 7-2002]
§ 149-9 Tapping notice.
A plumber receiving a permit to lay service or supply pipes for the introduction of water to any premises shall give the Superintendent 24 hours' notice previous to the time for tapping the main.
§ 149-10 Owner responsible for expenses.
All expenses for introducing water to any premises and excavating for and laying service pipes and all fixtures connected therewith (except the corporation cock at the main which belongs to the water district) must be paid by the owner of the premises.
§ 149-11 Placement of service pipes.
All service pipes to any premises shall be laid at least four feet below the surface of the grade lines of the street and shall extend at right angles to and from the street main to the inside of the curbline, where a curb cock shall be attached and a valve box placed.
There shall be a stainless steel ball valve placed on every supply pipe just inside the building or cellar and on the customer's side of the meter.
[Amended 8-22-1994 by L.L. No. 2-1994]
§ 149-12 Supervision of introduction of water service.
All work attendant upon the introduction of water to any premises and laying supply pipes thereto and fixtures connected therewith shall be done under the supervision of the Superintendent of the water district involved and subject to his approval.
§ 149-13 Report upon completion of work.
All plumbers shall, after completing the work to any service pipe or fixture, make a true report, upon blanks furnished by the district, of all the fixtures and pipes attached or connected by them or under their supervision, and such report shall be filed in the office of the Town Clerk within forty-eight (48) hours after completing the work.
§ 149-14 Permits required.
No plumber or other person shall open any curb cock or let on the supply of water through any water main or service pipe. Only the Water Superintendent or other authorized water district personnel may open a water main, curb cock or other service pipe.
[Amended 1-23-1995 by L.L. No. 1-1995]
§ 149-15 Independent stops required for each house.
One tap and one service pipe will not be allowed to supply more than one house or premises, unless such service pipe is provided with separate and independent curb stops and boxes at the curbline in front of each house or premises. In no case will service pipes be allowed to run across lots, but must be taken from the main in front of the premises. Any exception to this regulation must receive the approval of the Town Board.
§ 149-16 Shutting off water supply generally.
The supply of water to any premises may be shut off for nonpayment if any bills or other charges are unpaid at the expiration of 60 days from the date due. The Superintendent shall give such delinquent five (5) days' written or printed notice, at the expiration of which time, if the charges are not paid, the water will be shut off from such premises until said charges are paid in full. The amount set by resolution of the Town Board shall be charged for turning the water on.
[Amended 8-22-1994 by L.L. No. 2-1994][1]
[1]
Editor's Note: The current fees resolution is on file in the office of the Town Clerk and may be examined there during regular office hours.
The payment of the regular water rents shall not conflict with the right of the Superintendent to shut off the supply of water from any premises for any violation of these rules and regulations.
In case a house or other building is to be closed or become vacant, notice thereof shall be given to the district in order that the meter may be read and the curb cock closed. Where such notice is not given and pipes burst from freezing or other cause, the value of the water lost by reason thereof, as estimated by the Superintendent, together with an additional sum in an amount set by resolution of the Town Board to cover labor and expense to the district, shall be added to the next bill and paid in like manner as regular water charges.
[Amended 8-22-1994 by L.L. No. 2-1994][2]
[2]
Editor's Note: The current fees resolution is on file in the office of the Town Clerk and may be examined there during regular office hours.
§ 149-17 Shutting off water supply at main.
In cases where water is shut off for nonpayment of water rent or other causes and when, in the opinion of the Superintendent, the shutting off at the curb is not sufficient protection against the further use of water, he may cause the corporation cock to be shut off and the supply pipe to be disconnected therefrom.
§ 149-18 Reapplication for service; fee.
[Amended 8-22-1994 by L.L. No. 2-1994][1]
Upon reapplication for water where the water has been shut off at the corporation cock, an additional charge in an amount set by resolution of the Town Board must be paid for opening the street main and reconnecting the supply line.
[1]
Editor's Note: The current fees resolution is on file in the office of the Town Clerk and may be examined there during regular office hours.
§ 149-19 Stoppage of supply; pressure-reducing valves.
No person shall be entitled to damages nor to have any portion of a payment refunded for any stoppage of supply occasioned by accident to any portion of the work, nor for any stoppage for purposes of addition or repairs. Owners desiring pressure-reducing valves shall furnish and install the same at their own expense. The Superintendent of each district shall have the right to shut off water to make repairs or additions of new work.
§ 149-20 Check valves.
In all cases where water is supplied to water backs in stoves and ranges or to steam boilers for domestic use or manufacturing purposes, the supply pipe must be provided with a suitable check valve or other sufficient device to prevent any damage from collapse or explosion when the water is shut off from the street mains or other causes.
Whenever a check valve is installed on the cold water supply pipe between the street main and the hot water tank, there shall be installed on the hot water distributing system a suitable relief valve.
High-pressure steam boilers shall not be supplied with water directly from public water supply pipes. All such boilers shall be provided with a tank or other receptacle of sufficient capacity to hold not less than six hours' supply for the boiler.
§ 149-21 Use in public buildings.
The use of water in all public and school buildings shall be subject to the same requirements and restrictions as in private dwellings.
§ 149-22 Fire hydrants and valves.
No person or persons shall open any fire hydrant or draw water therefrom except the Superintendents of each district and persons under their direction or with their permission, except in case of fire, when the Chiefs of the Fire Departments, their assistants and officers and members of the Fire Departments shall have free and entire control of the hydrants for the purpose of extinguishing fires.
No person or persons except the Superintendents or employees under their direction shall open or close any valve or gate in any water main or street pipe or in any manner interfere with or obstruct the same.
§ 149-23 Permits for building and special purposes.
Persons desiring to use water for building purposes, filling cisterns or any special purpose whatever shall be required to make application at the office of the Town Clerk and to pay in advance for the same, when the Superintendent of the district involved will issue a permit therefor, such advance payment to be the minimum charge as fixed by § 149-28.
§ 149-24 Meters.
The plumber making the water main installation shall provide all necessary supports for the meter, as directed by the Water Superintendent. Any meter so attached shall not be interfered with, removed, disconnected or repaired by any person other than an employee of the Marlborough Water District. The Superintendent shall be given not less than 24 hours' notice of the setting of the meter.
[Amended 1-23-1995 by L.L. No. 1-1995]
Owners of premises where meters are attached to the supply pipes will be required to protect the meter from frost or other injury at their own expense, and whenever it should be necessary to attach a meter outside of the building, they shall pay the expense incurred in excavating for and boxing the same. Any cost of repairs necessitated by failure to observe this section shall be born solely by the owner(s) of the premises.
Where a meter fails to register the correct quantity of water delivered through it or where it becomes otherwise out of order or in need of repair, notice thereof shall be given to the district. Another meter will then be loaned and installed during the time required for testing and repair. When repairs are found necessary, the same shall be made by the district. When, in the opinion of the Superintendent of the district, a meter becomes unsuitable for further use, it shall be replaced by another.
§ 149-25 Districts to be saved harmless; protection of excavations; surety bond.
Any plumber or firm obtaining a permit to make connections with the Marlboro Water District and/or the Milton Water District shall save harmless said districts from all suits, accidents and damages consequential thereupon for or by reason of any opening in any street, alley or avenue made by him or those in his employ, for making any connection with said water districts' system or for any other purpose or object whatever, and he shall also replace and restore said street over such opening in as good state and condition as he found it or reimburse the water district for the cost of the same when done by said district or shall keep guards by day and light by night and keep and maintain the same in good order and comply with all ordinances of the Town Board applicable thereto.
Every plumber or firm, before entering upon said business or calling, shall execute and file a bond in the office of the Town Clerk in the sum of $50,000 with one or more sureties, and which bond shall cover all provisions of the preceding subsection and shall be approved by the Town Board as to sufficiency of the sureties and by the districts' counsel as to its form.
[Amended 8-22-1994 by L.L. No. 2-1994]
§ 149-26 Regulations to be considered part of contract with user.
All the foregoing rules, regulations and restrictions made and adopted by the Town Board shall be considered a part of the contract with and between any person who applies for and obtains a supply of water, and every person receiving the water so supplied shall be considered as having expressed his consent to be bound thereby.
§ 149-27 Penalties for offenses.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
Any willful act whereby said Marlboro Water District or said Milton Water District or any property, apparatus or appliances pertaining thereto shall be injured or the supply of water obstructed, impaired or made less pure shall be deemed a misdemeanor punishable by the maximum fine and imprisonment allowed by law.
[Amended 8-22-1994 by L.L. No. 2-1994]
§ 149-28 Schedule of water rates: Marlboro Water District.
Meters will be read semiannually on a schedule to be set at the annual Town reorganization meeting.
[Amended 7-11-1983 by L.L. No. 6-1983; 11-25-2002 by L.L. No. 7-2002]
Rates.
[Amended 7-11-1983 by L.L. No. 6-1983]
The minimum rate shall be ten dollars ($10.) semiannually, payable as set forth in § 149-29.
[Amended 8-22-1994 by L.L. No. 2-1994]
The rate shall be determined by dividing the operating and maintenance budget for the current fiscal year by the total number of gallons billed during the previous fiscal year, expressed in cost per thousand.
No out-of-district connections will be allowed to tap on the water mains or pipes of the Marlboro Water District in the absence of an agreement approved by the Town Board.[1]
[Amended 11-27-2017 by L.L. No. 9-2017]
[1]
Editor's Note: Original § 111-29, Schedule of water rates: Milton Water District, which immediately followed this section, was repealed 7-11-1983 by L.L. No. 6-1983.
§ 149-29 Payment of water rents.
All water rents or other charges shall be payable at the office of the Town Clerk semiannually.
All water rents, accounts or other charges shall be made against the owner or owners of the premises which are connected with the water main, and such owners shall be held responsible for all accounts and charges.
Water rents for all services shall be payable semiannually on a schedule to be set at the annual Town reorganization meeting.
[Added 11-25-2002 by L.L. No. 7-2002]
Ten percent (10%) will be added to bills which are unpaid after the due date listed on the bill or after 30 days, whichever the latter.
[Amended 3-9-1992; 8-22-1994 by L.L. No. 2-1994]
Water rents for fractional parts of a period shall be prorated for the remainder of the period and shall be payable on the first day of the ensuing semiannual period.
The foregoing schedule of rates is subject to change from time to time by resolution of the Town Board.
[Amended 8-22-1994 by L.L. No. 2-1994]
§ 149-30 Backflow prevention devices.
[Added 8-22-1994 by L.L. No. 2-1994]
Backflow prevention devices shall be required on all water taps in the Marlboro Water District in compliance with the Town's specifications on file in the Town offices.
§ 149-31 Cross-connection control.
[Added 8-22-1994 by L.L. No. 2-1994]
Purpose. The purpose of this section is to:
Protect the public potable water supply of the Town of Marlborough from the possibility of contamination or pollution by isolating within the consumer internal distribution system(s) or the consumer private water system(s) such contaminants or pollutants that could backflow into the public water system.
Comply with the requirements of the New York State Sanitary Code, Subpart 5-1, Section 5-1.31.
Definitions.
As used in this section, the following terms shall have the meanings indicated:
A physical break between a supply pipe and a receiving vessel. The air gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, and in no case less than one (1) inch.
An assembly of at least two (2) independently acting approved single check valves, including tightly closing shutoff valves on each side of the check valve assembly and suitable test cocks, plus connections available for testing the watertightness of each valve (Watts No. 007 or equal).
A device incorporating two (2) or more single check valves and an automatically operating differential relief valve located between the two (2) checks and two (2) shutoff valves and equipped with necessary appurtenances for testing (Watts No. 009 or equal). The device shall operate to maintain the pressure in the zone between the two (2) check valves less than the pressure on the public water supply side of the device. At cessation of normal flow, the pressure between the check 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 (2) 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 devices must be readily accessible for maintenance and testing and installed in a location where no part of the device will be destroyed.
Any water supply approved by or under the public health supervision of the public health agency of the State of New York, the County of Ulster or the Town of Marlborough. In determining what constitutes an "approved water supply," the Department of Health of the State of New York (herein called the "State Health Department") shall have the final judgment as to its safety and potability.
Any water supply on or available to the premises other than the Town water supply.
A flow condition, induced by a differential in pressure, that causes the flow of water or other liquids and/or gases into the distribution pipes of the public water supply from any source other than its intended source.
Any person to whom water is sold and/or furnished from the Town of Marlborough.
An impairment of the quality of the Town water supply by the presence of any foreign substance (organic, inorganic, radiological or biological) to a degree which creates a hazard to the public health.
The Ulster County Commissioner of Health, his assistants or authorized deputies acting as or any other person appointed as health officer of the County of Ulster.
Any unprotected connection between any part of the Town waterworks system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as safe, wholesome and potable for human consumption.
Any substance of a nonpoisonous nature that may create a moderate or minor hazard to the water supply system.
Any natural person, firm, association, organization, partnership, trust or association of persons, joint venture, corporation or company, and includes the United States, the State of New York, the County of Ulster, any special purpose district and any officer or agent thereof.
Integrated land area, including improvements thereon, undivided by public thoroughfares or water distribution mains of the Town of Marlborough and where all parts of the "premises" are operated under the same management and for the same purpose.
Any of the following devices:
The terminal end of a service connection from the Town water supply to its point of delivery to the consumer. If a meter is installed, "service connection" means the downstream end of the meter. No unprotected takeoffs from the service line ahead of any meter or backflow protective device located at the point of delivery to the consumer shall be permitted.
The Town of Marlborough or its authorized representatives.
The Town of Marlborough.
An approved water supply sold and delivered to consumers' premises through the waterworks system of the Town of Marlborough.
Any substance (liquid, solid or gaseous), including raw sewage and lethal substances, that, when introduced into the water supply system, create or may create a danger to the health and well-being of the consumer.
The Marlborough Town Board.
"Shall" is mandatory; "may" is permissive.
Responsibility.
The supplier of water shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow of contaminants or pollutants through the water service connection. If, in the judgment of said supplier of water, an approved backflow prevention assembly is required at the consumer's water service connection or within the consumer's private water system for the safety of the water system, the supplier of water shall give notice, in writing, to said customer to install such an approved backflow prevention assembly(s) at specific locations on his/her premises. The consumer shall obtain a New York State application for approval of backflow prevention devices (DOH-347) and the specifications for the installation of backflow preventers from the supplier of water. Upon approval, the consumer must immediately install such approved assembly(s) at his/her own expense, and failure, refusal or inability on the part of the consumer to install, have tested (by a certified tester) and maintain said assembly(s) shall constitute grounds for discontinuing water service to the premises until such requirements have been satisfactorily met.
Consumer responsibility. It shall be the responsibility of each consumer, at his/her own expense, to furnish, install and keep in good working order and safe condition any and all protective devices required in this section. The supplier of water shall not be responsible for any loss or damage directly or indirectly resulting from or caused by the improper or negligent installation, operation, use, repair or maintenance of or interfering with any protective device by any consumer or any other person.
Conflicts. When two (2) or more corrective conditions exist (i.e., hazardous, aesthetically objectionable or nonhazardous) at any premises under this section, the consumer shall be required only to install the protective device which, in the opinion of the supplier of water and the County Health Department, affords the maximum protection to the Town water supply.
Inspection, records, cost. The consumer on whose premises any protective device is installed shall have each such device inspected at least annually. This device must be tested only by a certified backflow device tester and maintained as prescribed in the State Sanitary Code 5-1.31. If successive inspections disclose repeated failures in the operation of any device, the supplier of water may require more frequent inspection. Each device shall be repaired, overhauled or replaced at the expense of the consumer whenever it is found to be defective. Records of such tests, repairs and overhauls shall be kept and a copy of such records forwarded to the supplier of water on an annual basis. The supplier of water shall have the duty of determining that the inspections required herein are performed properly. If, following demand, the consumer fails to have any of the inspections made, as required herein, or to make the above-described records available, the supplier of water will have the right to inspect the device, and the consumer shall pay the cost thereof. The cost of any inspection made by the supplier of water shall be included as part of the next ensuing municipal water bill presented to the customer.
Maintenance. Any defective backflow prevention device should be immediately repaired or replaced. The supplier of water should be notified of all corrective repairs. The consumer should be required to keep an inspection log and a formal record in a manner and frequency acceptable to the supplier of water. A simplified form combining testing and maintenance data is titled "Report on Test and Maintenance of Backflow Prevention Device" (DOH-1013) and can be acquired from the supplier of water or the County Health Department. General maintenance inspections should check for protection from freezing, continued accessibility and adequate drainage provision (if required). The backflow prevention device shall be disassembled and overhauled every five (5) years.
Noncompliance.
No questionable service connection shall be installed on the premises of any consumer unless the public water supply is protected as required by this section.
Delivery of water to the premises of any consumer may be discontinued by the supplier of water if any protective device required by this section has not been installed, inspected, tested and maintained or is defective or has been bypassed.
Delivery of water shall be discontinued immediately and without notice to the consumer if the supplier of water or the County Health Department determines that:
Delivery of water shall not be resumed until any protective device required by this section is approved by the supplier of water and the County Health Department and has been properly installed or until conditions at the consumer's premises causing the contamination or danger of contamination have been abated or corrected to the satisfaction of the supplier of water and the County Health Department.
Except as provided in Subsection D(3), delivery of water shall not be discontinued until written notice thereof has been given to the consumer. The notice shall state:
The conditions of the defects which must be corrected.
The manner in which the stated conditions or defects are to be corrected.
The date on or after which delivery of water will be discontinued and which shall not be less than fifteen (15) days nor more than ninety (90) days following the date of delivery of the mailing of notice. The Town may grant the consumer an extension of an additional period not to exceed ninety (90) days if it determines that the consumer has exercised due diligence but has been unable to comply with the notice within the time originally allowed. The notice shall be given by delivering the same to the consumer, the manager or agent thereof or to any person in charge of or employed in the place of business of the consumer or, if the consumer has no place of business, at the place of residence of the consumer, if known, or by leaving the notice at either the place of business or the residence of the consumer. If the consumer cannot be found, then service of the notice shall be mailed, postage fully prepaid, addressed to the consumer at the place of business or residence set forth in the application of the consumer for water service in the records of the Town.
Once disconnected, delivery of water shall not be resumed until any protective device required by this section is approved by the supplier of water and the County Health Department and has been properly installed or until the conditions at the consumers premises creating the need for a protective device have been abated or corrected to the satisfaction of the supplier of water and the County Health Department.
For the purpose of making any inspection or discharging the duties imposed by this section, the supplier of water and the County Health Department shall have the right to enter upon the premises of any consumer. Each consumer, as a condition of the continued delivery of water from the Town water supply, shall be considered as having stated consent to enter upon premises by the supplier of water and the County Health Department officer for the purposes stated herein.
Presently installed devices. All presently installed backflow prevention devices which do not meet the requirements of this section but were approved devices for the purpose described herein at the time of installation and which have been properly maintained shall, except for the inspection and maintenance requirements under Subsection C(5), be excluded from the requirements of these rules so long as the Town is assured that they will satisfactorily protect the Town's water supply. Whenever the existing device is moved from the present location or requires more than minimum maintenance (which constitutes a hazard to health), the unit shall be replaced by a backflow prevention device meeting the requirements of this section.
Where protection required; type of protection.
Auxiliary water supply. Each service connection from the Town water supply for furnishing water to a premises having an auxiliary water supply shall be protected against backflow of water from the premises into the Town water supply.
If the auxiliary water supply is handled in a separate piping system with no known cross-connection, the Town water supply shall be protected by an approved double check valve assembly installed at the service connection to the premises. When the auxiliary water supply may be contaminated, the supplier of water may order the Town water supply protected by an air gap separation or an approved RPZ installed at the service connection.
If the auxiliary water supply is handled in a separate piping system and cross-connections are known to exist between the Town water supply and the auxiliary water supply which cannot presently be eliminated, the Town water supply shall be protected by an approved RPZ installed at the service connection to the premises. When the auxiliary water supply may be contaminated, the supplier of water may order the Town water supply protected by an air gap separation (or approved RPZ) installed at the service connection.
Toxic or hazardous substance under pressure. At the service connection to any premises on which material dangerous to health or toxic substance in toxic concentration is or may be handled under pressure, the Town water supply shall be protected by an air gap separation. The air gap shall be located as close as practicable to the service connection and all piping between the service connection and the receiving tank shall be entirely visible. If these conditions cannot be reasonably met, the Town water supply shall be protected with an approved RPZ, provided that this alternative is acceptable to both the supplier of water and the County Health Department. A final decision in this matter shall be made by the State Health Department.
Toxic or hazardous substances not under pressure. At the service connection to any premises on which any material dangerous to health or toxic substance in toxic concentration is not handled under pressure but is otherwise handled in such manner as to constitute a cross-connection, the Town water supply shall be protected by an approved RPZ, unless such cross-connection is abated to the satisfaction of the supplier of water and approved by the County Health Department.
Nonhazardous substances. At the service connection to any premises on which a substance that would be objectionable (but not necessarily hazardous to health) if introduced into the Town water supply is handled in such a manner as to constitute a cross-connection, the Town water supply shall be protected by an approved double check valve assembly.
Sewage and storm drain treatment plants and pumping stations. At the service connection to any sewage treatment plant or sewage pumping station, the Town water supply shall be protected by an air gap separation. The air gap shall be located as close as practicable to the service connection and all piping between the service connection and the receiving tank shall be entirely visible. If these conditions cannot be reasonably met, the Town water supply shall be protected with an approved RPZ, provided that this alternative is acceptable to both the supplier of water and the County Health Department. A final decision in this matter shall be made by the State Health Department.
Fire systems. At the service connection to any premises in which a fire protection system is installed, the Town water supply shall be protected based on the water source and arrangement of supplies in accordance with the following classifications:
Class 1: direct connection from public water mains only; no pumps, tanks or reservoirs; no physical connections from auxiliary sources of any kind; all sprinkler drains discharging to atmosphere, dry wells or other outlets. Protection: none other than the check valve required by the National Fire Code.
Class 2: the same as Class 1, except booster pumps may be installed in the connections from the street mains. Protection: none other than the check valve required by the National Fire Code.
Class 3: direct connection from public water supply main, plus one (1) or more of the following: elevated storage tank; fire pumps taking suction from aboveground covered reservoirs or tanks; and pressure tanks. Protection: double check valve assembly.
Class 4: directly supplied from public mains similar to Classes 1 and 2 and with an auxiliary water supply on or available to the premises; or an auxiliary supply may be located within one thousand seven hundred (1,700) feet of the pumper connection. Protection: air gap or RPZ.
Class 5: directly supplied from public mains and interconnected with auxiliary supplies, such as pumps taking suction from reservoirs exposed to contamination, or rivers and ponds; driven wells; mills or other industrial water systems; or where antifreeze or other additives are used. Protection: air gap or RPZ.
Class 6: combined industrial and fire protection systems supplied from the public water mains only, with or without gravity storage or pump suction tanks. Protection: determined by the supplier of water upon review of engineering drawings of the system.
Pier and dock hydrants. At the service connection to any pier or dock hydrant used for supplying vessels at piers or waterfronts, the Town water supply shall be protected by an approved RPZ.
Lawn sprinkling systems. At the service connection to any permanently installed, below-grade lawn sprinkling system, the Town water supply shall be protected by an approved RPZ assembly.
Others. Examples of other facilities which may require cross-connection control include, but are not limited to:
Beverage bottling plants.
Breweries.
Food processing plants.
Chemical plants and plating facilities.
Film laboratories.
Hospitals, medical buildings, sanitariums, morgues and mortuaries.
Irrigation systems.
Laundries and dye works.
Meat packing plants.
Metal manufacturing, cleaning and fabricating plants.
Radioactive materials production or research plants.
Restricted, classified or other facilities closed to inspection.
Sewage and storm drain facilities.
Buildings heated by boilers where treatment chemicals are used.
Buildings with certain types of air-conditioning systems.
Swimming pools.
Printing operations.
Furniture stripping.
§ 149-31.1 Connection to public water system required.
[Added 2-24-2020 by L.L. No. 1-2020]
The owner of all houses, buildings, or properties used for human occupancy, employment, recreation or other purposes, situated within the District and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public water system of the District, is hereby required, at his expense, to install suitable plumbing facilities therein, and to connect such facilities directly to the proper public water system, in accordance with the provisions of this chapter, within 90 days after the date of official notice to do so, provided that the said public water system is within 100 feet of the owner's property line.
§ 149-32 Effect of New York City restrictions upon Town consumption.
Whenever, for conservation purposes, restrictions are imposed by the New York City Department of Water Resources upon the consumption of water by consumers within the City of New York, the same restrictions or restrictions of like effect which have been approved by the Commissioner of the New York City Department of Water Resources shall be imposed and enforced by the district upon the consumption of water by consumers within the Marlboro Water District.
§ 149-33 Declaration of public emergency.
The Town Board shall, by resolution, restate said restrictions placed in effect by the New York City Department of Water Resources and declare a public emergency.
§ 149-34 Posting and publication of regulations.
All regulations and orders authorized by this Article shall be promulgated by posting copies of such orders and regulations on the official bulletin board of the Town of Marlborough and by publishing a copy of such orders and regulations once each week in an official newspaper of the Town during the existence of such emergency water conditions.
§ 149-35 Penalties for offenses.
Any person committing an offense against any provision of this Article shall, upon conviction thereof, be punishable as provided in § 149-27 of this chapter.