N.Y. Comp. Codes R. & Regs. tit. 21 § 10085.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 10085.1 - Definitions

(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, double-check valve assembly, or equivalent protective device acceptable to the commissioner, designed to prevent or contain potential contamination of the water system, by means of cross-connection control.

(2) Act or water board act means the Buffalo Municipal Water Finance Authority Act, codified as section 1048-a et seq. of title 2-B of article 5 of the New York State 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 users, 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 commissioner may determine from time to time.

(4) Air gap or 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) Applicant means any person making a request for any service to be rendered or furnished by the water board.

(6) Approved water supply means any water supply approved by the State Health Department, or any other State agency or political subdivision with jurisdiction for public water supplies.

(7) 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.

(8) Back-siphonage means backflow resulting from negative pressure in the distribution pipes of a potable water supply.

(9) Board or water board means the Buffalo Water Board established pursuant to section 1049 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.

(10) 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.

(11) Board service connection means the corporation cock used to supply water to any premises and which is installed on the water board's distribution pipe or water main to allow for water service to the user service connection.

(12) Builder, contractor or developer means any person owning or having an interest in a plot or tract of land who applies for a water service to such premises which is intended to be sold, conveyed or leased by said person to an owner or occupant.

(13) Building means any structure used or intended for supporting or sheltering any use or occupancy.

(14) Certified backflow prevention device tester means a person who is examined annually by Erie County Health Department, found competent for the testing of backflow prevention devices, and in possession of an identification card certifying that such person is authorized to perform such tests.

(15) 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.

(16) City of Buffalo or the City means the City of Buffalo, New York, its public officers, employees and agents, together with any authorized contractor and any other person acting with written authority on behalf of the city.

(17) City Code means the Charter and Administrative Code of the City of Buffalo, New York, as amended from time to time.

(18) Commissioner and department mean, without other designation, the Commissioner of Public Works, Parks and Streets of the City of Buffalo, or other public officer or persons designated by the commissioner or the city to act in his or her stead, and the Department of Public Works, Parks and Streets of the City of Buffalo, and any divisions thereof, established by the city, respectively.

(19) Containment means cross-connection control which isolates the user's entire premises 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 premises.

(20) Contamination, contaminant or pollution means the presence of any substance or matter, including but not limited to, physical, chemical, organic, inorganic, radiological, or biological in water.

(21) Cross-connection means any physical connection through which the water supply could become contaminated, or a 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.

(22) 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.

(23) Dwelling means any building that contains one or more dwelling units used, intended, or designed to be used, rented, leased, let or hired out to be occupied for living purposes.

(24) Dwelling unit means one or more rooms with provisions for living, sanitary and sleeping facilities arranged for such use by one or more persons or a family.

(25) Fine or penalty means a sum of money or other thing of value imposed as a penalty for violation of these regulations.

(26) Health hazard means an existing or imminent condition which can be responsible for or cause illness, injury or death and for which immediate corrective or remedial action is required, including but not limited to the public health hazards set forth in 10 NYCRR section 5-1.1.

(27) Nonpotable water means water that is not safe for human consumption, or that does not constitute potable water.

(28) Occupant means the person actually in possession or control of any premises or part thereof.

(29) Owner means the person who has legal or equitable title to any premises.

(30) Permit means a document or certificate issued by the water board, the city, commissioner, public officer of the city or any other authorized person having jurisdiction which authorizes performance of a specified activity or activities.

(31) 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.

(32) Potable water 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 Erie County Health Department and the State Health Department.

(33) Premises means any property or location whether or not occupied by one or more dwelling units or other structures and shall include the entire front footage thereof as determined by the commissioner, abutting on a street where water service is requested or furnished for any part thereof.

(34) Real cost means the total direct and indirect costs of labor, material, equipment and handling, including overhead costs, incurred by the water board or the city, as the case may be, in providing water system related services to premises served by the water system, users, the public or persons who request such services.

(35) 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.

(36) State means the State of New York, and any of its departments, agencies, public officers or employees thereof.

(37) Street means all rights-of-way dedicated by the city as public rights-of-way and streets, and includes every right-of-way or place of whatever nature customarily used by the public as a matter of right, not including private rights-of-way or real estate under development.

(38) Structure means anything that is built or constructed.

(39) Supplemental water means any water source or system other than the public water supply that may be available in the building or premises.

(40) Surge tank means the receiving, nonpressure vessel forming part of the air gap separation between a potable and a supplemental or auxiliary supply.

(41) User or consumer means any person or property that receives or uses water from water facilities of the water board.

(42) User or owner service connection means the pertinent service pipes, valves, fittings or other equipment that connect from the board service connection to a building or user's premises, as the case may be.

(43) Water facility or water facilities or water supply system or water 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.

(b) Reference materials.

(1) All United States publications referenced in this Part are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

(2) All material referenced in this part is available for copying and inspection at the water board's offices located at the Department of Public Works, Parks and Streets, 502 City Hall, Buffalo, NY 14202.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 10085.1