Backflow preventers are critical devices that help protect our water supply from contamination. In a city as densely populated as New York, the risk of backflow — where contaminated water flows back into the clean water supply — is a serious concern. This blog will explain what backflow preventers are, why they are essential, and how New York City enforces their use to protect public health.
What is Backflow?
Backflow is the reverse flow of water in a plumbing system, which can happen due to changes in water pressure. This reverse flow can bring harmful substances, such as chemicals or bacteria, into the clean water supply, creating health risks. To prevent this, backflow preventers are installed in plumbing systems to ensure water flows in only one direction — towards the tap.
The Importance of Backflow Preventers
Backflow preventers are designed to stop the reverse flow of water, safeguarding the water supply from potential contamination. In New York City, the installation and maintenance of these devices are not just recommended but required by law to protect public health.
NYC Regulations on Backflow Prevention
In New York City, the Rules of the City of New York (§ 20-04) establish stringent requirements for the installation and maintenance of backflow prevention devices to safeguard the city's water supply.
Approved Devices
The city approves the following backflow prevention devices:
Air Gap
Reduced Pressure Zone Assemblies (RPZs)
Double Check Valve Assemblies (DCVs)
For fire water services: Double Check Detector Assemblies (DCDAs) and Reduced Pressure Detector Assemblies (RPDAs).
Installation Requirements
Mandatory Installation: Property owners must install an approved backflow prevention device on every water service connection with a potential or actual cross-connection hazard. This device must be installed at the entry point of the water service to the property to prevent any backflow into the city's water supply.
Application Requirement: A professional engineer or registered architect must submit an application and installation plans for a backflow prevention device to the Department of Environmental Protection (DEP) for approval. Following approval, a Licensed Master Plumber must apply for a work permit from the Department of Buildings to install the device.
Hazard Assessment
The type of backflow prevention device required is determined by the degree of hazard posed:
Hazardous: Requires an Air Gap or RPZ.
Aesthetically Objectionable: Requires a DCV.
Non-Hazardous with Hazardous Fixtures (e.g., large/chemically treated boilers, cooling towers): Requires a DCV with additional internal protective devices for specific hazardous fixtures.
Non-Hazardous Facilities: Must use internal plumbing control.
Cross Connection Control Reviews
A Cross Connection Control Review is required before the approval of permits for water connections in properties that pose a backflow hazard. These reviews ensure that backflow prevention devices are correctly installed and effective in preventing contamination.
Initial Testing and Compliance
Initial Testing: After installation, an initial test must be conducted by a Professional Engineer or Registered Architect and a Licensed Master Plumber to certify that the device is functioning properly. The test report must be submitted to the DEP within 30 days.
Penalties for Non-Compliance: Failure to install a device or submit the test report can result in fines, legal actions, and even termination of the water supply.
Ongoing Testing and Maintenance
Annual Testing: RPZs and DCVs must be tested annually, and reports must be submitted within 12 months of the last test. Any repairs must be followed by a retest, with results submitted within 30 days.
Certification Requirement: All tests must be performed by a certified backflow preventer tester employed by a Licensed Master Plumber. Reports must include the appropriate stamps and seals.
Enforcement and Penalties
Enforcement: The DEP enforces these regulations and can impose penalties for non-compliance, including fines, cease and desist orders, and water service termination.
Penalties: Civil penalties range from $50 to $25,000 per violation, with daily fines for ongoing violations. Serious offenses may result in misdemeanor charges, with additional fines and potential imprisonment.
NYC DEP Enforcement and Penalties
The New York City Department of Environmental Protection (DEP) is responsible for enforcing the city's backflow prevention regulations. The enforcement provisions are detailed under § 24-346 of the Administrative Code, which outlines the penalties for non-compliance.
Civil Penalties
Property owners who fail to comply with backflow prevention regulations face civil penalties as follows:
General Violations: A civil penalty ranging from $50 to $1,000 per violation.
Violations pertaining to the improper handling of oil or natural gas waste (Section 24-303.1): A higher penalty ranging from $2,500 to $25,000 per violation.
Removal of a Manhole Cover (Section 24-304): Penalties range from $2,500 to $10,000 per violation.
Continuing Violations: Each day a violation continues is treated as a separate and distinct offense, potentially resulting in significant cumulative fines.
Misdemeanor Charges
In addition to civil penalties, knowing violations of these regulations can result in criminal charges:
General Violations: Fines between $250 and $1,000, imprisonment for up to 30 days, or both.
Removal of a Manhole Cover (Section 24-304): Fines between $500 and $10,000, imprisonment for up to 30 days, or both.
Cease and Desist Orders
The DEP has the authority to issue cease and desist orders to halt any activity that violates backflow prevention rules:
If an order is not complied with within the specified time, the DEP can take further actions, including:
Sealing, blocking, or inactivating equipment or devices.
Terminating the water supply to the property.
Immediate Action for Imminent Danger
If a violation poses an imminent danger to the water supply, the DEP can:
Issue immediate cease and desist orders to halt or prevent such violations.
If necessary, enter private property to enforce these orders, which may include terminating the water supply.
Legal Actions
If a property owner fails to comply with DEP orders, the city can initiate legal proceedings to enforce compliance, including:
Actions to recover expenses, losses, or damages suffered by the city due to the violation.
Injunctions to restrain or compel compliance with DEP orders.
The Importance of Compliance
Compliance with backflow prevention regulations is not optional — it is a legal requirement designed to protect the health and safety of New York City residents. The penalties for non-compliance are severe, reflecting the critical importance of maintaining a safe and uncontaminated water supply. Property owners must ensure that backflow prevention devices are installed, regularly tested, and maintained according to city regulations.
Conclusion
Backflow preventers play a vital role in keeping New York City’s water supply safe from contamination. The city’s strict regulations and enforcement measures are in place to ensure that every property does its part in protecting public health. By understanding and complying with these rules, property owners can help ensure the safety of the water supply for everyone in the city.
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