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Village of East Aurora, NY § 263-15 § 263-15 station, the public water supply shall be protected by an air gap separation. If these conditions cannot reasonably be met, the public water supply shall be protected with an approved reduced pressure zone backflow prevention device and it shall be located as close as possible to the property line. (3) Frequency of inspection of protective devices. It shall be the duty of the water user 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 when required by the in instances where successive inspections indicated repeated failure. 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 qualified backflow prevention device tester, and all test results shall be provided to the Village Water Department and the water user within seventy-two (72) hours from the performance of the test. Records of such tests, repairs and overhaul shall also be kept and made available by the tester and made available to the water use and local health department upon request. E. Penalties for offenses; recourse for noncompliance. (1) Water service connection to any premises shall be installed or maintained by the water user unless the water supply is protected as required by this chapter and such other applicable local, state and federal laws, rules and regulations. (2) If any facility served by a water system denies an agent or employee of the Village access to their premises for the purposes of determining if protection to the public water system is necessary, the maximum protection condition shall be imposed with the requirement that the number of devices shall equal the number of service lines. (3) The following penalties shall be applicable for a violation of this section: (a) Failure to install the appropriate backflow prevention device within the prescribed time frame as per the Superintendent of Public Works and/or his designee after first notice: $250. [Amended 11-26-2007 by L.L. No. 10-2007] (b) Failure to install the appropriate backflow prevention device within prescribed time frames after second notice: termination of service. (c) Failure to schedule testing of any backflow device annually, following delivery of notices of non-compliance: $300.00 for the first failure and termination of service for any subsequent failure. Any water user required to permit the testing of said water user’s backflow device shall be provided written notice by regular mail of any overdue test providing Fifteen (15) days to comply without penalty. Thereafter, the Water Department shall send a follow up notice by certified mail providing an additional fifteen (15) days to water user to comply without penalty. Fine notifications and/or notice of termination of service may thereafter be sent to water user if water user remains out of compliance with required annual testing requirements. (d) Failure to replace or repair a backflow prevention device as required: $1,000.00 for the first failure and termination of service for any subsequent failure. Any water user required to repair/replace their backflow device shall be notified of the necessity of such repair/replacement following the completion of testing, and the time period within which such repair/replacement shall be completed. In the Downloaded from https://ecode360.com/EA0398 on 2026-03-04