New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1950 - Water Regulations › Section 1950.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless the
				context specifically indicates otherwise, the meaning of terms used in this
				Part shall be as follows:
(1) Acceptable
				backflow prevention device means an air gap, reduced pressure zone device or
				double-check valve assembly, as used to contain potential contamination within
				a facility, acceptable to the director.
(2) Act or Water Board Act means the Niagara
				Falls Water Authority Act, codified as section 1230-a et seq. of titles 10-B
				and 10-C of article 5 of the Public Authorities Law.
(3) Aesthetically objectionable facility
				means a facility in which substances are present which, if introduced into the
				public water supply system, could be a nuisance to other water customers but,
				would not adversely affect human health. Typical examples of such substances
				are: food grade dyes, hot water, stagnant water from fire lines in which no
				chemical additives are used, and similar substances as the director may
				determine from time to time.
(4)
				Air gap separation means a physical separation between the discharge end of a
				potable water supply and an open or nonpressure receiving vessel. An accepted
				air gap separation shall be at least double the diameter of the supply pipe
				measured vertically above the flood rim of the vessel, in no case less than one
				inch.
(5) Approved water supply
				means any water supply approved by a public health agency of the State or its
				political subdivisions where the property serviced by such supply is
				located.
(6) Backflow means the
				flow of water or other liquids, mixtures, or substances into the distributing
				pipes of a potable supply of water from any source or sources other than its
				intended source. Back-siphonage is one type of backflow.
(7) Back-siphonage means backflow resulting
				from negative pressure in the distributing pipes of a potable water
				supply.
(8) Board or water board
				means the Niagara Falls Water Board established pursuant to section 1231-b of
				the Water Board Act, and its directors, employees, agents, together with any
				authorized contractor or any other person acting with written authority on
				behalf of the board.
(9) Board
				schedule of rates means a schedule of rates, fees and other charges established
				at least annually and as modified from time to time by the water
				board.
(10) Certified backflow
				prevention device tester means a person who is examined annually by Niagara
				County Health Department and found competent for the testing of backflow
				prevention devices. He or she shall be provided with an appropriate
				identification card to be renewed annually. Failure to perform his or her duty
				competently will result in withdrawal of such certification.
(11) Check valve means a self-closing device
				which is designed to permit the flow of fluids in one direction and to close if
				there is a reversal of flow.
(12)
				City means the City of Niagara Falls, NY, its employees and agents, together
				with any authorized contractor and any other person acting with written
				authority on behalf of the city.
(13) Containment means cross-connection
				control which isolates the user's entire facility from the public water system
				so as to provide the protection necessary to prevent contamination of the
				public water supply in the event of backflow from the user's
				facility.
(14) Contamination means
				the presence of any foreign substance (organic, inorganic, radiological, or
				biological) in water that tends to degrade its quality so as to constitute a
				hazard or impair the usefulness of the water.
(15) Cross-connection means any physical
				connection between a potable water supply and any waste pipe, soil pipe, sewer,
				drain, or any unapproved source or system. It includes any potable water supply
				outlet which is submerged or can be submerged in wastewater and/or any other
				source of contamination.
(16)
				Director and department mean, without other designation, the executive director
				of the water board, or other person or persons designated by the director to
				act in his or her stead, and the department of water facilities of the water
				board, respectively.
(17)
				Double-check valve assembly means an assembly of at least two independently
				acting acceptable check valves, including tightly closing shutoff valves
				located at each end of the assembly with suitable connections for testing the
				water tightness of each check valve.
(18) Fine or penalty means a sum of money or
				other thing of value imposed as a penalty for violation of these
				regulations.
(19) Health hazard
				means any conditions, devices, or practices in the water supply system and its
				operation which create or, in the judgment of the director may create a danger
				to the health and well-being of the user. An example of a health hazard is a
				structural defect in the water supply system whether of location, design, or
				construction that regularly or occasionally may prevent satisfactory
				purification of the water supply or cause it to be polluted from extraneous
				sources.
(20) Person means any
				natural person, firm, trustee, executor, personal representative, partnership,
				association, limited partnership, limited liability company, limited liability
				partnership, joint venture or corporation, or other legal entity whatsoever.
				The masculine gender shall include the feminine, and the singular shall include
				the plural where indicated by the context.
(21) Publicly owned treatment works or (POTW)
				means treatment works as defined by section 212 of the Clean Water Act
				(33
				U.S.C. §
											1292) which are owned or
				operated by the water board. This definition includes any devices and systems
				used in the storage, treatment, recycling and reclamation of sewage or
				industrial wastes of a liquid nature and any sewers, pipes, conveyances and
				appurtenances that transport wastewater to or from the water board's treatment
				plant. For the purposes of these regulations, POTW shall also include any
				sewers that transport wastewater to the POTW from persons outside the water
				board's service area who are, by contract or agreement with the water board,
				users of the water board's publicly-owned treatment works.
(22) Real cost means total direct and
				indirect costs of labor, material, equipment and handling, including overhead
				costs.
(23) Reduced pressure zone
				device or RPZ device means a device containing a minimum of two independently
				acting check valves, together with an automatically operated pressure
				differential relief valve located between the two check valves. During normal
				flow and at the cessation of normal flow the pressure between these two checks
				shall be less than the upstream (supply) pressure. In case of leakage of either
				check valve, the differential relief valve, by discharging to the atmosphere,
				shall operate to maintain the pressure between the checks at less than the
				supply pressure. The unit must include tightly closing shutoff valves located
				at each end of the device, and each device shall be fitted with properly
				located test cocks.
(24)
				Significant industrial user means any person who:
(i) discharges wastewater subject to
				categorical pretreatment standards under
				40 CFR
				403.6 and 40 CFR chapter I, subchapter N;
				or
(ii) discharges an average of
				25,000 gallons per day, or more of process wastewater to the water board's
				publicly owned treatment works (POTW) (excluding sanitary, non-contact cooling
				and boiler blowdown wastewater); contributes a process wastestream which makes
				up five percent or more of the average dry weather hydraulic or organic
				capacity of the water board's POTW treatment plant; or is designated as such by
				the control authority as defined in
				40 CFR
				403.12(a) on the basis that
				the industrial user has a reasonable potential for adversely affecting the
				water board's POTW operation or for violating any pretreatment standard or
				requirement.
(25) State
				means the State of New York.
(26)
				Surge tank means the receiving, nonpressure vessel forming part of the air gap
				separation between a potable and a supplemental supply.
(27) User means any person or property that
				receives or uses water from water facilities of the water board.
(28) Water facility or water facilities or
				water supply system means any plants, structures and other property, real,
				personal or mixed, acquired, rehabilitated, constructed or planned for the
				purpose of accumulating, storing, supplying, transmitting, treating or
				distributing water, including, but not limited to, surface or groundwater
				reservoirs, basins, dams, canals, aqueducts, aqueduct taps, standpipes,
				conduits, pipelines, interceptors, mains, pumping stations, pumps, water
				distribution systems, compensating reservoirs, intake stations, waterworks or
				sources of water supply, wells, purification or filtration plants or other
				treatment plants and works, contract rights, franchises, approaches,
				connections, permits, water meters, rights of flowage or diversion and other
				plants, structures, equipment, vehicles, conveyances, real or personal property
				or rights therein and appurtenances thereto necessary or useful and convenient
				for the accumulation, supply, transmission, storage, treatment or distribution
				of water.
(29) Water - potable
				means water free from impurities in amounts sufficient to cause disease or
				harmful physiological effects. Its bacteriological and chemical quality shall
				conform to the requirements of the Niagara County Health Department and the
				Department of Health.
(30) Water -
				supplemental means any water source or system other than the public water
				supply that may be available in the building or premises.