(a) Unless the context specifically indicates otherwise, the meaning of terms used in this Part shall be as follows:

1. (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. (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. (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. (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. (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. (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. (7) Back-siphonage means backflow resulting from negative pressure in the distributing pipes of a potable water supply.
8. (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. (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. (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. (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. (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. (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. (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. (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. (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. (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. (18) Fine or penalty means a sum of money or other thing of value imposed as a penalty for violation of these regulations.
19. (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. (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. (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. (22) Real cost means total direct and indirect costs of labor, material, equipment and handling, including overhead costs.
23. (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. (24) Significant industrial user means any person who:

    1. (i) discharges wastewater subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; or
    2. (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. (25) State means the State of New York.
26. (26) Surge tank means the receiving, nonpressure vessel forming part of the air gap separation between a potable and a supplemental supply.
27. (27) User means any person or property that receives or uses water from water facilities of the water board.
28. (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. (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. (30) Water - supplemental means any water source or system other than the public water supply that may be available in the building or premises.

    (b) Federal statutes and regulations.

    The following Federal statutes and regulations have been referenced in this Part:

31. (1) 40 CFR means title 40 of the Code of Federal Regulations (Protection of the Environment), effective July 1, 2001.
32. (2) FR means Federal Register.
33. (3) Clean Water Act means the Federal Water Pollution Control Act or Clean Water Act, 33 USC 1251 et seq., as amended.
34. (4) All United States publications referenced in this Part are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.
35. (5) All material referenced in this Part is available for copying and inspection at the water board's offices located at the Michael C. O'Laughlin Water Treatment Plant, 5815 Buffalo Avenue, Niagara Falls, NY 14304.