(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. (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. (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. (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. (4) prevent the making of cross-connections in the future; and
5. (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.

1. (1) Where protection is required.

   1. (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.
   2. (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.
   3. (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.
   4. (iv) Backflow-prevention devices shall be installed on the service connection to any premises that have actual or potential internal cross-connections.
   5. (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. (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:

3. (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.
4. (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.
5. (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.
6. (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.
7. (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.
8. (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.

9. (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.

(c) Protection of public water system at service connection.