(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CROSS-CONNECTION. Any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the water system, and the other contains water from a private source, water of unknown or questionable safety, or steam, gases or chemicals, whereby there may be a flow from one system to the other, the direction of flow depending on the pressure differential between the two systems. The utility (defined below) is specifically a separate potable water system.
UTILITY. The municipal drinking water system owned by the town, a municipality and political subdivision of the state, and operated by its public water utility.
(B) (1) No person shall establish or permit to be established or maintain or permit to be maintained any cross-connection.
(2) No connection shall be established whereby potable water from a private, auxiliary or emergency water supply other than the regular public water supply of the utility may enter the supply or distribution system of the utility, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the utility and by the state’s Department of Environmental Management in accordance with 327 I.A.C. 8-10.
(C) The utility is hereby authorized to make inspections of any premises served by the utility where a cross-connection with the utility is suspected or possible. The frequency of inspections and re-inspections shall be established by the utility in its discretion, based on the potential health hazards involved.
(D) Pursuant to state law, including I.C. 36-1-6-2, and this section, upon presentation of credentials, authorized agents the utility shall have the right to enter at any reasonable time real property served by the utility to inspect for cross-connections. On request by the utility, the owner, lessee or occupant of any such premises shall furnish to the utility any pertinent information about and access to the pipes, valves, drains, inlets, outlets and piping systems on the premises. The refusal of access or the refusal of requested pertinent information shall be deemed evidence of the presence of cross-connections on the premises.
(E) (1) The utility is hereby authorized and directed to discontinue water service to any premises wherein any connection in violation of this section exists, and to take such other precautionary measures as the utility deems necessary to eliminate any danger of contamination of the public water system.
(2) Water service shall be discontinued only after notice is served on the owner, lessee or occupants of the premises where a violation is found or suspected to exist, and a reasonable opportunity to correct the violation has been given. The reasonableness of the opportunity to correct the violation is fact-sensitive and will depend on the extent of the violation and the threat posed to the public water supply. Water service to such property shall not be restored until the cross-connection has been eliminated and the property is in compliance with this section.
(F) If the utility, in its sole discretion, determines that a cross-connection or emergency endangers public health, safety or welfare and requires immediate action, and a written finding to that effect is filed with the Town Clerk-Treasurer and delivered to the consumer’s premises, then water service to the premises may be immediately discontinued by the utility. Any person adversely affected by that discontinuance may request shall have an opportunity to request for hearing within ten days of such emergency discontinuance.
(G) All consumers using toxic or hazardous liquids and/or all hospitals, mortuaries, wastewater treatment plants, laboratories and all other hazardous users shall install and maintain a reduced pressure principal backflow preventer in the main water line serving each building on the premises. The backflow preventer must be installed in an easily accessible location not subject to flooding or freezing.
(H) Reduced pressure principal backflow preventers shall not be installed below ground level.
(I) This section does not supersede the state’s Plumbing Code, IDEM Rule 327 I.A.C. 8-10, or any other applicable building code, but is intended to be supplementary to them.
(J) In addition to IDEM Rule 327 I.A.C. 8-10-4(c), from time to time certain specialized customer facilities will be required to install a backflow prevention device, as determined by the utility and Council by amendment to this section.
(K) If, in the judgment of the utility, an approved backflow prevention device is necessary for the safety of the public water system, the utility shall give notice to the water consumer to install such an approved device immediately. The water consumer shall, at the customer’s own expense, promptly install such an approved device at a location and in a manner approved by the utility and shall have inspections and tests made of that device.
(Ord. 02-2018, passed 5-22-2018) Penalty, see § 52.99