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Water district violation update

Amenia — In January, Amenia was issued a notice from the Dutchess County Department of Health (DOH) regarding a violation in its water district.According to the letter, dated Jan. 1, 2014, and addressed to town Supervisor Victoria Perotti, “On Dec. 21, 2013, your [water] operator, Marco D’Antonio, conducted a scheduled site inspection of Mr. Kevin K. Cassone’s property.”Cassone and town Councilwoman Gretchen Hitselberger live together in Amenia Water District No. 1 and have a well on property that the water operator found in violation of state cross connection laws. “A violation of subpart 5-1.31 ‘Cross connection control [Effective Date; Dec. 30, 1992]’ has been issued,” the DOH notice stated. At a Town Board meeting, Thursday, March 27, Perotti confirmed that she instructed D’Antonio to report the violation “because it would have been worse for the town of Amenia to have it reported without us reporting it.”The DOH letter stipulated “one of the following” be taken at the property to “mitigate the existing cross connection to a public water supply.”Two numbered actions followed: “Attain an approval for a reduced pressure zone (RPZ) backflow prevention device, install said unit and have tested initially and annually by a certified backflow prevention device tester” or “Attain a well abandonment permit from this department, properly abandon the well and disconnect the well system from distribution.”The letter ordered the violation to be resolved “within 30 days.” Accordingly, the town issued Cassone and Hitselberger an Order to Remedy, signed by Code Enforcement Officer John Fenton. The letter’s remedy: “Remove all supply piping from well and have well decommissioned or install a backflow preventer,” also with the deadline of Jan. 30.In an interview this month, Perotti said the violation still hasn’t been entirely remedied, and that she’s requested a May 1 extension with the DOH. “It hasn’t been completely resolved,” she said. “The property owner removed the pipe that was the immediate threat to the water supply.”“What the DOH letter stated was that the property owner has to either do a backflow prevention RPZ or decommission the well,” she added. “We’re still working on that part of it.”“We’re in the process of getting it abated,” said Fenton in an interview. “There’s still that lingering issue about decommissioning the well. They removed the immediate threat of cross connection by disconnecting the well from the public water distribution.”Fenton said the instructed decommission is to “eliminate any potential future threat of cross connection,” an order he feels is not sufficiently supported by code from the DOH.Decommissioning a well may involve removing its pump, disconnecting the electric supply and filling the structure with concrete, Fenton said.“I should be able to read a section of code and say, ‘OK, this section reflects this and this is the remedy for that; they have to decommission the well,’” he said.The code enforcement officer said he will continue to work with the DOH to see whether decommissioning is necessary or if the already taken measures are sufficient for the remedy.Also taking action is Cassone, who said he is writing a letter to the Dutchess County Board of Health, which “oversees the department.”According to Cassone, when his plumber came to disconnect the well from Amenia’s public water system, it was discovered that the two never actually connected.Cassone said other pipes obstructed the pipe in question, and so when one end was cut, the pipe “fell free” rather than needing to be cut at another end.Moreover, Cassone said that based on the New York State Plumbing Code, the DOH has no jurisdiction over a pre-existing private well.“If my well was disconnected, than it’s de facto a private well,” he said.

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