(A) This section applies to all persons and entities that use, or connect in any way, to the public potable water distribution system of the City of Asheboro (the "public water system"). The purposes of this section are as follows:
(1) To protect the public water system by containing within the consumer's water system such contaminants, waterborne health hazards, and other significant pollutants that could backflow or back siphon through uncontrolled cross-connections into the public water system; and
(2) To establish a continuing inspection program designed to systematically and effectively control all actual or potential cross-connections.
(B) For the purposes of the Cross-Connection Control and Backflow Prevention Ordinance, the following designations of responsibility are made.
(1) Responsibilities of the City of Asheboro Public Works Division and Water Resources Division. Except as otherwise provided herein, the city is the water purveyor and is responsible for ensuring a safe water supply begins at the source and includes all of the public water distribution system, including the service connection, and ends at the point of delivery to the consumer's water system(s). The city will determine the degree of hazard or potential hazard to the public water system, the degree of protection required, and will enforce proper containment protection through an ongoing inspection program. The city will identify premises/facilities where the installation of approved backflow prevention assemblies is required. When a determination is made that a backflow prevention assembly is required for the protection of the public water system, the city will require the consumer, at the consumer's expense, to install an approved backflow prevention assembly at the service connection, to test that backflow prevention assembly immediately upon installation and thereafter at a frequency determined by the city, and to properly repair and maintain the assembly or assemblies. The required testing date will be determined by the city and may be adjusted as necessary.
(2) Responsibilities of City of Asheboro building inspectors. Where the review of building plans and/or inspections of work on a job site detect actual or potential cross-connections within the plumbing system, a building inspector has the responsibility for requiring either the elimination of such cross-connections or the proper installation of approved backflow prevention equipment.
(3) Responsibilities of the City of Asheboro Public Works Director and the Cross-Connection Control Coordinator. The Public Works Director and the Cross-Connection Control Coordinator, and their designees, are responsible for administering the City of Asheboro Cross-Connection Control and Backflow Prevention Ordinance found in this section.
(4) Consumer responsibilities. The consumer has the primary responsibility of preventing pollutants and contaminants from entering the consumer's water system. The consumer's responsibility starts at the point of delivery from the public water system and includes all of the consumer's water system. The consumer, at the consumer's expense, is responsible for properly installing, operating, testing, and maintaining approved backflow prevention assemblies. The consumer shall have a certified backflow prevention assembly tester submit test reports to the city in the manner required by this section and the administrative guidelines adopted by the city's Public Works Division. Following any repair, overhaul, re-piping, or relocation of an assembly, the consumer shall have the backflow prevention assembly tested in compliance with applicable provisions of this section to ensure that the apparatus is in good operating condition and will prevent backflow.
(5) Responsibilities of a certified backflow prevention assembly tester. The certified backflow prevention assembly tester will have the following responsibilities:
(a) Each person wishing to test backflow prevention assemblies shall certify to the city that he/she has met the minimum qualification standards established by this section for certification as a backflow prevention assembly tester. This certification shall be in the form and manner prescribed in the administrative guidelines adopted by the city's Public Works Division. If at any time a backflow prevention assembly tester's certification is revoked, suspended, or flagged as inactive, such an individual shall not submit test reports to the city for approval;
(b) The backflow prevention assembly tester is responsible for making competent inspections and making reports of such activities to the consumer and the city. The backflow prevention assembly tester shall be equipped with and be competent to use all the necessary tools, gauges, and other equipment necessary to properly test backflow prevention assemblies. The backflow prevention assembly tester is responsible for the competency and accuracy of all tests and reports, which shall be retained by the tester for a minimum of three years from the date of testing. Copies of all test and repair reports shall be provided by the backflow prevention assembly tester in accordance with the provisions of this section to the consumer and the city within ten business days of any completed test;
(c) In order for a backflow prevention assembly test report to be eligible for submission to the city, the report must document that the tested backflow prevention assembly is currently in a passing status. When a backflow prevention assembly fails a test, the device shall be repaired and achieve passing status before the report is submitted to the city;
(d) Backflow prevention assembly testers shall comply with all applicable federal, state, and local laws and regulations while performing testing activities in the city; and
(e) Only the property owner or a certified licensed plumber is permitted to repair or replace a backflow prevention assembly.
(C) Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this section, will have the meanings hereafter designated.
AIR GAP. A physical separation between the free-flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel. An "approved air gap" shall be at least double the diameter of the supply pipe measured vertically above the overflow rim of the vessel and in no case less than one inch (2.54 cm).
APPROVED CHECK VALVE. A check valve that is drip-tight in the normal direction of flow when the inlet pressure is at least one psi (pounds per square inch) and the outlet pressure is zero. The check valve
shall permit no leakage in a direction reversed to the normal flow. The closure element (e.g., clapper, poppet, or other design) shall be internally loaded to promote rapid and positive closure. An approved check valve is only one component of an approved backflow prevention assembly (i.e., pressure vacuum breaker, double-check valve assembly, double-check detector assembly, reduced pressure principle assembly, or reduced pressure detector assembly).
ATMOSPHERIC TYPE VACUUM BREAKER OR NON-PRESSURE TYPE VACUUM BREAKER. A device containing a float-check, a check seat, and an air inlet port. The flow of water into the body causes the float to close the air inlet port. When the flow of water stops, the float falls and forms a check valve against back siphonage and at the same time opens the air inlet port to allow air to enter and satisfy the vacuum. A shutoff valve immediately upstream may be an integral part of the device. An atmospheric vacuum breaker is designed to protect against a non-health hazard (isolation protection only) under a back siphonage condition only.
AUXILIARY INTAKE. Any piping connection or other device whereby water may be obtained from a source other than the public water system.
AUXILIARY WATER SUPPLY. Any water supply on or available to the premises/facility other than the public water system. These waters may be contaminated or polluted, or they may be objectionable and constitute an unacceptable water source over which the city does not have sanitary control.
BACK PRESSURE. Any elevation of pressure in the downstream piping system (by pump, elevation of piping, or steam and/or air pressure) above the supply pressure at the point of consideration, which would cause, or tend to cause, a reversal of the normal direction of flow.
BACK SIPHONAGE. A form of backflow due to a reduction in system pressure, which causes a sub-atmospheric pressure to exist at a site in the water system.
BACKFLOW. The undesirable reversal of flow of water or mixtures of water and other liquids, gases, or other substances into the distribution pipes of the potable supply of water from any source or sources. See BACK PRESSURE and BACK SIPHONAGE.
BACKFLOW PREVENTION ASSEMBLY. A mechanical valve/assembly used to prevent backflow into a consumer or public potable water system that meets or exceeds standards set forth by both the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research ("USCFCCHR") and the American Society of Sanitary Engineering ("ASSE") and appears on both of the entities' approval lists. A backflow prevention assembly used on fire suppression systems must have the additional approval of the Factory Mutual Research Corporation ("FM") and comply with the National Fire Protection Association ("NFPA") code. The type of assembly used should be based on the existing or potential degree of hazard. The types of backflow prevention assemblies are enumerated on the following list:
(a) Double-check valve assembly ("DCVA");
(b) Double-check detector assembly (fire system) ("DCDA");
(c) Pressure vacuum breaker ("PVB");
(d) Reduced pressure principle assembly ("RP");
(e) Reduced pressure principle detector assembly ("RPDA"); and
(f) Residential dual check ("RDC").
BELOW GRADE. Underneath the surface of the earth or beneath material placed on the surface of the earth.
BUILDING STORY. A building floor, section, or division equal to ten feet in height.
CERTIFIED BACKFLOW PREVENTION ASSEMBLY TESTER OR TESTERS. A person who has proven their competency to the satisfaction of the city. Only a state licensed plumber or the owner of the property where the backflow prevention assembly is installed may repair or replace backflow prevention assemblies. Only a fire sprinkler contractor can install, replace, or repair backflow preventers that are part of a fire sprinkler system. Each person who is certified to make competent tests and make reports on backflow prevention assemblies shall:
(a) Be knowledgeable of all federal, state, and local laws and regulations applicable to backflow prevention assemblies in Asheboro; and
(b) Hold a certificate of completion from a city recognized and approved North Carolina cross-connection school for the testing of backflow prevention assemblies.
CERTIFIED LICENSED PLUMBER. A person that holds a plumbing class I license or plumbing class II license issued by the North Carolina State Board of Examiners of Plumbing, Heating, and Fire Sprinkler Contractors or is licensed as a public utilities contractor by the North Carolina Licensing Board for General Contractors.
CONSUMER. Any person, partnership, company, corporation, association, organization, body politic or corporate, and any other group acting as a unit using or receiving water from the public water system.
CONSUMER'S WATER SYSTEM. That portion of any water system lying between the point of delivery from the public water system and the point of use. This system includes all pipes, conduits, tanks, receptacles, fixtures, equipment, and appurtenances located beyond the point of delivery from the public water system. Such a system may be either a potable water system or an industrial piping system.
CONTAINMENT. Preventing the impairment of the public water system by installing an approved backflow prevention assembly at the service connection.
CONTAINMENT ASSEMBLY. A backflow prevention assembly installed at the point of separation between the public water system and a private service or private distribution system or at a point of metering.
CONTAMINATION. An impairment of the quality of the water that creates a potential or actual hazard to the public health through the introduction of hazardous or toxic substances or waterborne health hazards in the form of physical or chemical contaminants or biological organisms and pathogens.
CROSS-CONNECTION. Any unprotected actual or potential connection or structural arrangement between the public water system and a consumer's water system or any other source or system through which it is possible to introduce any contamination or pollution other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, and other temporary or permanent devices through which or because of which "backflow" can or may occur are considered to be cross-connections.
CROSS-CONNECTION CONTROL COORDINATOR. The employee designated by the city's Public Works Director to administer this section.
DEGREE OF HAZARD. Derived from the evaluation of conditions within a system and can be classified as either a "pollution" (non-health) or a "contamination" (health) hazard.
DOUBLE-CHECK DETECTOR ASSEMBLY. A specially designed assembly composed of a line-size approved double-check valve assembly with a specific bypass water meter and a meter-sized approved double-check valve assembly. The meter shall register in cubic feet or U.S. gallons accurately for only very low rates of flow and shall show a registration for all rates of flow. This assembly shall only be used to protect against a pollution (i.e., non-health) hazard. Such a device must be on the USCFCCHR and the ASSE approval lists.
DOUBLE-CHECK VALVE ASSEMBLY. An assembly composed of two independently acting, approved check valves, including tightly closing shut-off valves attached at each end of the assembly and fitted with properly located test cocks. This assembly shall only be used to protect against a pollution (i.e., non-health) hazard. Such a device must be on the USCFCCHR and the ASSE approval lists.
DUAL CHECK VALVE. A type of backflow device manufactured pursuant to ASSE Standard 1024.
ENCLOSURE. A physical above-ground or below-ground apparatus that provides protection to backflow assemblies. An above-ground apparatus shall meet ASSE 1060 specifications. A below-ground apparatus shall meet current North Carolina Plumbing Code specifications.
FINISH GRADE. Any surface that has been cut or built to the elevation requested, indicated, or approved for that point. The surface elevation of a lawn, driveway, flower bed, patio, or other improved surface after completion of grading operations is considered finish grade.
FIRE LINE. A system of pipes and equipment used to supply water in an emergency for extinguishing fire.
HEALTH HAZARD. An actual or potential threat of contamination of a physical, chemical, biological, pathogenic, or toxic nature to the public water system or consumer's water system to such a degree or intensity that there would be a danger to health. Examples of waterborne health hazards include but are not limited to:
(a) Physical - Radioisotopes/radio-nuclides;
(b) Chemical - Lead, mercury, and other heavy metals, organic compounds, and other toxins and hazardous substances; and
(c) Biological - Pathogenic micro-organisms like cryptosporidium, typhoid, cholera, and E. coli.
HEALTH AGENCY. The North Carolina Department of Environmental Quality ("NCDEQ") and/or the Randolph County Health Department.
IMMINENT HAZARD. A condition that presents a substantial and immediate risk to the public health.
INDUSTRIAL FLUIDS. Any fluid or solution that may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration such as would constitute a health or non-health hazard if introduced into the public water system or a consumer's water system. Such fluids may include, but are not limited to, process waters, chemicals in fluid form, acids and alkalis, oils, gases, etc.
INDUSTRIAL PIPING SYSTEM. A system used by the consumer for transmission, conveyance, or storage of any fluid, solid, or gaseous substance other than an approved water supply. Such a system would include all pipes, conduits, tanks, receptacles, fixtures, equipment, and appurtenances used to produce, convey, or store substances that are or may be polluted or contaminated.
INTERCONNECTION. Any system of piping or other arrangement whereby the public water system is connected directly to a sewer, drain, conduit, pool, heat exchanger, storage reservoir, or other device that contains or could contain sewage or other waste or substance which would be capable of imparting contamination to the public water system.
IRRIGATION SEASON. The time of year that irrigation is used in the City of Asheboro. For the purposes of this section, the irrigation season is March 1 through September 30 of each year.
IRRIGATION SYSTEM. Any system supplying dry land with water by means of ditches, streams, piping, and appurtenances.
ISOLATION. The act of confining a localized hazard within a consumer's water system by installing approved backflow prevention assemblies. Disclaimer: The City of Asheboro may make suggestions as to the usage of isolation devices/assemblies, but the city does not assume or have responsibility whatsoever for such installations.
ISOLATION ASSEMBLY. A backflow prevention assembly required by the North Carolina Plumbing Code that is installed within a private plumbing or distribution system to isolate a localized hazard from the remainder of the private system.
LEAD FREE. A material content in the backflow preventers of less than or equal to 0.25%.
NON-HEALTH HAZARD. An actual or potential threat to the quality of the public water system or the consumer's water system. If introduced into the public water system, a non-health hazard could be a nuisance to water customers but would not adversely affect human health.
OWNER. Any natural or legal person that has legal title to, or permission or obligation to operate or inhabit, a property upon which a cross-connection inspection is to be made or upon which a cross-connection is present.
PERMANENT IRRIGATION SYSTEM. Any system supplying dry land with water by means of piping and appurtenances below ground or finish grade that is not readily accessible.
POINT OF DELIVERY. Generally, at the backside of the meter, adjacent to the public street where the city's water distribution mains are located. The consumer shall be responsible for all water piping and control devices located on the consumer's side of the point of delivery.
POLLUTION. An impairment of the quality of the water to a degree that does not create an actual hazard to the public health but which does adversely and unreasonably affect the aesthetic qualities of such waters for domestic use.
POLLUTION HAZARD. An actual or potential threat to the quality of the public water system or the consumer's water system but which would not constitute a health or a system hazard. The maximum degree or intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause minor damage to the system or its appurtenances.
POTABLE WATER. For the purposes of this section, water from any source that has been approved for human consumption by the NCDEQ.
PRESSURE TYPE VACUUM BREAKER. An assembly containing an independently operating internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. The assembly is to be equipped with properly located test cocks and tightly closing shutoff valves attached at each end of the assembly. This assembly is designed to protect against a health hazard (i.e., contaminant) under a back siphonage condition only.
PUBLIC POTABLE WATER SYSTEM. Any publicly or privately owned water system operated as a public utility under a current NCDEQ permit to supply water for public consumption or use. This system will include all sources, facilities, and appurtenances between the source and the point of delivery such as valves, pumps, pipes, conduits, tanks, receptacles, fixtures, equipment, and appurtenances used to produce, convey, treat, or store potable water for public consumption or use.
READILY ACCESSIBLE. Access is available without the need to remove obstructions or items.
REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION ASSEMBLY.
(a) An assembly containing within its structure a minimum of two independently acting, approved check valves together with a hydraulically operating, mechanically independent, pressure differential relief valve located between the check valves and at the same time below the first check valve. The first check valve reduces the supply pressure to a predetermined amount so that, during normal flow and at cessation of normal flow, the pressure between the checks shall be less than the supply pressure. In case of leakage of either check valve, the pressure differential relief valve, by discharge to atmosphere, shall operate to maintain the pressure between the checks less than the supply pressure.
(b) The unit shall include tightly closing shutoff valves located at each end of the assembly and each assembly shall be fitted with properly located test cocks. The assembly is designed to protect against a health hazard (i.e., contaminant). Such a device must be on the USCFCCHR and the ASSE approval lists.
REDUCED PRESSURE PRINCIPLE DETECTOR ASSEMBLY. A specially designed assembly composed of a line-size approved reduced pressure principle backflow prevention assembly with a specific bypass water meter and a meter-sized approved reduced pressure principle backflow prevention assembly. The meter shall register in cubic feet or U.S. gallons accurately for only very low rates of flow and shall show a registration for all rates of flow. This assembly shall be used to protect against a health hazard (i.e., contaminant). Such a device must be on the USCFCCHR and the ASSE approval lists.
SERVICE CONNECTION. The terminal end of a service connection from the public water system (i.e., where the city loses control over the water at its point of delivery to the consumer's water system).
UNAPPROVED WATER SUPPLY. A water supply that has not been approved for human consumption by the NCDEQ.
USED WATER. Any water supplied by a water purveyor from a public water system to a consumer's water system after it has passed through the point of delivery and is no longer under the control of the water purveyor.
(D) Rights of entry and access to information.
(1) Upon presentation of proper credentials and identification, authorized representatives from the city shall have the right to enter any building, structure, or premises during normal business hours, or at any time during the event of an emergency, to perform any duty imposed by this section. Those duties may include sampling and testing of water or inspections and observations of all piping systems connected to the public water system. Where a consumer has security measures in force that would require proper identification and clearance before entry into the consumer's premises, the consumer shall make necessary arrangements with the security personnel so that, upon presentation of suitable identification, city personnel will be permitted to enter without delay for the purpose of performing their specific responsibilities under this section. Refusal to allow entry for these purposes may result in discontinuance of water service until the requested right-of-entry has been granted.
(2) On request, the consumer shall furnish to the city any pertinent information regarding the consumer's water system on such property where cross-connections and backflow are deemed possible.
(E) Elimination of cross-connections and the degree of hazard.
(1) When cross-connections are found to exist, the city will provide written notice to an owner, an owner's agent, an occupant, or a tenant, as applicable, of the requirement to comply with the cross-connection and backflow prevention ordinance within the time limit established by the city. The degree of protection required and maximum time allowed for compliance will be based upon the potential degree of hazard to the public water system. In cases where the city identifies an existing health hazard attributable to a cross-connection, water service to the structure or premises where such a cross-connection is found may be terminated without any delay unless an air gap is immediately provided or the cross-connection is immediately eliminated. Otherwise, subject only to the specific backflow prevention assemblies listed in division (H) for certain facilities, the maximum time limits are as follows:
(a) Cross-connections with private wells or other auxiliary water supplies require immediate disconnection;
(b) All facilities that pose a potential health hazard to the public water system must have a reduced pressure principle backflow prevention assembly within 30 days of notification by the city; and
(c) All industrial and commercial facilities not identified as a health hazard shall be considered non-health hazard facilities. All non-health hazard facilities must install a double-check valve assembly within 60 days of notification by the city.
(2) Water mains served by the city, but not maintained by the city, shall be considered cross-connections and the degree of hazard will be determined by the city. The required degree of protection shall be based upon the city's determination of the degree of hazard.
(3) In cases where a facility has been secured by the consumer and the ability of city personnel to inspect the facility has been restricted (e.g., classified research and development facilities or federal government property) to the point that access to every portion of the consumer's water system is too limited to allow a complete evaluation of the degree of hazard associated with the private water system, an approved reduced pressure principle backflow prevention assembly shall be required as a minimum level of protection.
(4) No person shall fill special use tanks or tankers containing pesticides, pathogenic micro-organisms, fertilizers, other toxic chemicals, or their residues from the public water system except at a city approved location equipped with an air gap or an approved reduced pressure principle backflow prevention assembly properly installed on the public water system.
(F) Installation of assemblies.
(1) All backflow prevention assemblies shall be installed in accordance with the specifications furnished by the city and/or in the latest edition of the North Carolina Plumbing Code.
(2) All new construction plans and specifications, when required by the North Carolina Plumbing Code and/or the NCDEQ, shall be made available to the city for review and approval, including a determination by the city of the degree of hazard.
(3) Ownership, testing, and maintenance of the assembly shall be the responsibility of the consumer.
(4) All double-check valve assemblies shall be installed in a location in which no portion of the assembly can become submerged in any substance under any circumstance. Pit and/or below-grade installations are prohibited.
(5) Reduced pressure principle backflow prevention assemblies shall be installed according to their listing and in a location in which no portion of the assembly can become submerged in any substance under any circumstance. Pit and/or below-grade installations are prohibited.
(6) Any backflow assembly not approved by the city shall be replaced with an assembly that is approved by the city.
(7) No backflow prevention assembly shall be installed in a traffic area or city right-of-way unless pre-approval is obtained in writing from the city's Public Works Director or the Cross-Connection Control coordinator.
(8) The consumer is responsible for ensuring that a backflow prevention assembly is working properly upon installation and shall also ensure that the following information is provided to the city within ten business days after a reduced pressure principle assembly (RP), double-check valve assembly (DCVA), pressure vacuum breaker (PVB), double-check-detector assembly (DCDA), or reduced pressure principle detector assembly (RPDA) is installed at a facility:
(a) Facility name;
(b) Complete physical address of the facility where the assembly is located;
(c) Telephone number and email address, if available, for the facility where the assembly is located;
(d) Name of the owner of the real property where the assembly is located;
(e) Property owner's complete address, if different from the facility address;
(f) Property owner's telephone number and email address, if available;
(g) Description of the assembly's location at the facility (e.g., hotbox, mechanical room, inside structure, vault, etc.);
(h) Date of new installation of assembly;
(i) Identity of the installer who installed the assembly, specifically including the installer's name, the plumbing company represented, the plumber's license number, and the installer's complete address, telephone number, and email, if available;
(j) The type of assembly (i.e., RP, DCVA, PVB, DCDA, and RPDA);
(k) The name of the manufacturer of the assembly along with the model number, serial number, and size of the assembly;
(l) The orientation of the assembly;
(m) The type of test performed (e.g., domestic, irrigation, commercial, pool);
(n) Passing test results/report;
(o) Date of the test;
(p) Tester signature and date of submittal;
(q) Line pressure;
(r) Any repairs or replacement of the assembly; and
(s) A passing designation for the assembly status.
(9) When it is not possible to interrupt water service, provisions shall be made for a parallel installation of backflow prevention assemblies. The city will not accept an unprotected bypass around a backflow assembly.
(10) Upon notification by the city, the consumer shall install the appropriate containment assembly within a time frame that complies with the following requirements:
(a) An imminent hazard must be corrected immediately;
(b) A health hazard must be corrected within 30 days; and
(c) A non-health hazard must be corrected within 60 days.
(11) Following installation, all RP, DCVA, PVB, DCDA, and RPDA are required to be tested by a certified backflow prevention assembly tester within ten business days.
(12) Backflow prevention assembly installations with exposure to cold weather shall comply with ASSE 1060 specifications. Backflow prevention assemblies installed for lawn irrigation shall be designed for removal during cold weather exposure or installed in compliance with ASSE 1060 specifications.
(13) All backflow preventers installed in order to comply with this section shall be lead free.
(G) Testing and repair of assemblies.
(1) With the exception of RDC assemblies maintained by the city at its expense, every backflow prevention assembly shall be tested by a certified backflow prevention assembly tester upon installation and annually thereafter unless a different frequency is established by the city. The consumer is responsible for all expenses and fees charged by the certified backflow prevention assembly tester for testing and documenting the results of the required backflow prevention assembly test.
(2) The certified backflow prevention assembly tester conducting a test required by this section must submit the test reports/records for such backflow prevention assembly testing to the city within ten business days of the date upon which the required testing was completed.
(3) Regardless of whether the need for repairs is discovered because of required testing or because of a routine inspection by the consumer or the city, if a determination is made that repairs to a backflow prevention assembly are required, such repairs must be completed without unnecessary delay and within a definite time frame that will be set in accordance with the degree of hazard. The time period allowed for such repairs shall not exceed seven days for a health hazard facility and shall not exceed 21 days for a non-health hazard facility.
(4) Unless a different frequency is specifically established by the city for an identified facility, all backflow prevention assemblies with test cocks are required to be tested annually.
(5) All certified backflow prevention assembly testers must obtain and employ backflow prevention assembly test equipment that is, on an annual basis, checked for accuracy, calibrated as necessary, and certified to the city on an annual basis as to such accuracy/calibration. The calibration method used by the tester must meet the minimum standards established in the administrative guidelines adopted by the city's Public Works Division.
(6) It shall be unlawful for any consumer or certified backflow prevention assembly tester to submit any record to the city that is false or incomplete in any material respect.
(7) It shall be unlawful for any consumer or certified backflow prevention assembly tester to fail to submit to the city any record that is required by this section.
(8) Any consumer that has not submitted the required backflow prevention assembly test report(s) to the city via a certified backflow prevention assembly tester before the due date is non-compliant and subject to the enforcement actions specified in this section.
(9) Upon providing the notice specified in this division, any due date identified in the cross-connection control program administrative guidelines established by the city's Public Works Division may be changed in order to make the program more effective and/or efficient. Notice of a change in a due date shall be provided to the consumer no less than two months before the due date currently identified in the cross-connection control program guidelines. This notice may be provided by either phone, email, or letter. A change in the due date shall not increase the number of required tests in a 12-month period unless otherwise required by this section.
(10) The annual due date for testing involving irrigation systems shall fall within the irrigation season.
(H) Approved backflow prevention assemblies shall be installed on the service line to any premises/facility identified by the city as having a potential for backflow. All assemblies and installations shall be subject to inspections and approval by the city. The city has identified the following specific types of facilities as having a potential for backflow of non-potable water into the public water system. Therefore, as indicated below, specific backflow prevention assemblies are required for the facilities that have been evaluated as to the degree of hazard associated with the respective premises listed in this division. Other types of facilities that are not listed below may also be required to install approved backflow prevention assemblies if determined necessary by the city. As a minimum requirement, all commercial and mixed use facilities will be required to install a double-check valve assembly, unless otherwise listed below. For purposes of this division, the following abbreviations are used: Double-Check Detector Assembly (DCDA), Double-Check Valve Assembly (DCVA), Fire Department Connection (FDC), Reduced Pressure Principle Detector Assembly (RPDA), Reduced Pressure Principle Assembly (RP), and Residential Dual Check (RDC).
(1) Automotive services stations, dealerships, etc. - RP;
(2) Auxiliary water supply:
(a) Approved public/private water supply - RP;
(b) Unapproved public/private water supply - RP; and
(c) Used water and industrial fluids - RP.
(3) Bakeries:
(a) Non-health hazard - DCVA; and
(b) Health hazard - RP.
(4) Beauty shops/barber shops:
(a) Non-health hazard - DCVA; and
(b) Health hazard - RP.
(5) Beverage bottling plants - RP;
(6) Breweries, wineries, and distilleries - RP;
(7) Canneries, packing houses, and rendering plants - RP;
(8) Commercial car wash facilities - RP;
(9) Commercial greenhouses - RP;
(10) Commercial sales establishments (e.g., department stores, malls, etc.):
(a) Non-health hazard - DCVA; and
(b) Health hazard - RP.
(11) Concrete/asphalt plants - RP;
(12) Dairies and cold storage plants - RP;
(13) Dye works - RP;
(14) Film laboratories - RP;
(15) Fire systems two inches and smaller in size:
(a) Non-health hazard - DCVA; and
(b) Health hazard (booster pumps, foam, antifreeze solution, FDC, etc.) - RPDA.
(16) Fire systems larger than two inches in size:
(a) Non-health hazard - DCDA; and
(b) Health hazard (booster pumps, foam, antifreeze solution, FDC, etc.) - RPDA.
(17) Fire trucks - RP;
(18) Hospitals, medical buildings, sanitariums, morgues, mortuaries, autopsy facilities, nursing and convalescent homes, medical clinics, and veterinary hospitals - RP;
(19) Laundries and dry cleaners - RP;
(20) Lawn irrigation systems - RP;
(21) Metal manufacturing, cleaning, processing, and fabricating plants - RP;
(22) Mixed use business and residential occupancy:
(a) Non-health hazard - DCVA; and
(b) Health hazard - RP.
(23) Mobile home parks - RP;
(24) Motels and hotels - RP;
(25) Oil and gas production, storage, transmission, distribution, and sales (bulk wholesale or retail) facilities/properties - RP;
(26) Pest control (exterminating and fumigating) - RP;
(27) Power plants - RP;
(28) Restaurants - RP;
(29) Residential (single-family homes and individually metered duplexes, triplexes, multiplexes, apartments, townhouses, condominiums, etc.) - RDC or RP;
(30) Restricted, classified, or other closed facilities - RP
(31) Sand and gravel plants - RP;
(32) Schools and colleges - RP;
(33) Sewage and storm drain facilities - RP;
(34) Structures not otherwise listed in this division with unprotected cross-connections - RP;
(35) Swimming pools - RP; and
(36) Yard hydrant - RP.
(I) Unless written notice to the contrary is provided by the Public Works Director or the Cross-Connection Control Coordinator on the basis of the city's most recent evaluation of the potential degree of hazard posed to the public water system at a facility, all existing backflow prevention assemblies installed with the approval of the city prior to the initial effective date of the City of Asheboro Cross-Connection Control and Backflow Prevention Ordinance shall be allowed to remain in service so long as such assemblies are maintained, tested, and repaired in compliance with this section and all other applicable statutes, ordinances, rules, regulations, and guidelines. However, if such an existing assembly must be replaced, or if there is an event of proven water theft through an unmetered source, the consumer shall be required to install an approved backflow prevention assembly that is compliant with the current standards found in all applicable statutes, ordinances, rules, regulations, and guidelines.
(J) Connections with unapproved sources of supply.
(1) No person shall connect or cause to be connected to the public water system any supply of water not approved by the NCDEQ. Any connections allowed by the city must be in conformance with the backflow prevention requirements of this section.
(2) In the event of contamination or pollution of the public water system or of the consumer's water system, the consumer shall notify the city immediately in order that appropriate measures may be taken to overcome and eliminate the contamination or pollution.
(K) Enforcement.
(1) The consumer or person in charge of any premises/facility found to be in violation of the provisions of this section shall be notified in writing with regard to the corrective action(s) to be taken. Notices of violation and/or citations may be issued by the city's Public Works Director or his designee.
(2) Such notice shall be served by personal delivery, registered mail, or certified mail to the consumer or person in charge and shall explain the violation(s) and give the time period within which the violation(s) must be corrected. The time period set to correct a violation shall not exceed 30 days after receiving notice unless otherwise specified by division (E) above.
(3) In the event a consumer is found in violation of this section and fails to correct the violation in a timely manner, including the payment of any civil penalty or fees assessed under this section, water service may be terminated without additional notice. Water service shall be reestablished when the violation is corrected and any applicable civil penalties and other required fees are paid in full with good funds.
(4) Civil penalties imposed under this section may be recovered by the city in a civil action in the nature of a debt if the offender does not pay the penalty within the prescribed period of time after service of the citation informing the offender of the incident(s) of noncompliance, the remedial action required to abate the violation(s), and the amount of the assessed civil penalty.
(5) When determining the amount of a civil penalty to be assessed for violating the City of Asheboro Cross-Connection Control and Backflow Prevention Ordinance, the Public Works Director shall act in accordance with the following guidelines:
(a) Unprotected cross-connections involving a private water system that create a health hazard are subject to a civil penalty of up to $1,000 per day, not to exceed $10,000.
(b) Unprotected cross-connections involving a private water system that create a non-health hazard are subject to a civil penalty of up to $500 per day, not to exceed $5,000.
(c) The failure of a consumer or a certified backflow prevention assembly tester to properly submit any record required by this section may result in a civil penalty of up to $500 per violation.
(d) The submission of falsified reports/records may result in a civil penalty of up to $500 per violation.
(e) In the event a certified backflow prevention assembly tester fails to submit any record within the timeframe required by this section or fails to exercise the same degree of care, skill, and judgment in the performance of services to the citizens of the city as is ordinarily provided by a similar professional under the same or similar circumstances, then the Public Works Director is authorized to remove the tester from the list of available certified testers for a period of up to 12 calendar months.
(f) If a certified backflow prevention assembly tester submits falsified records to the city, the Public Works Director is authorized to remove the tester from the list of available certified testers for an indefinite period of time.
(g) The failure to test or maintain backflow prevention assemblies in compliance with this section may result in a civil penalty of up to $200 per day.
(6) Any assessed civil penalty must be paid in full within 30 days of receipt by the consumer or person in charge of the premises/facility identified in the citation listing the violation(s) and assessing the corresponding civil penalties.
(7) Each individual violation of the City of Asheboro Cross-Connection Control and Backflow Prevention Ordinance shall be a separate and distinct offense.
(8) Requests by the offender for an extension of time in which to abate the violation(s) and/or pay the assessed civil penalty must be submitted in writing to the Public Works Director within the time frame stated in the notice of violation for the abatement of the violation and/or the payment of the assessed civil penalty.
(9) The city may immediately discontinue water service to any consumer if the Public Works Director makes either of the following findings:
(a) The consumer or person in charge of the premises/facility is noncompliant with the provisions of this section, neglects the responsibility to correct a violation after having been given notice thereof, and such noncompliance constitutes or presents an imminent hazard to the public health, safety, and welfare; or
(b) The consumer or person in charge of the premises/facility has a water connection to the public water system that, in the judgment of the Public Works Director, presents an imminent hazard to the public health, safety, and welfare.
(10) Notwithstanding anything to the contrary in this section, the provisions of the City of Asheboro Cross-Connection Control and Backflow Prevention Ordinance may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction.
(L) Adjudicatory hearings and appeals from enforcement actions taken pursuant to this section shall be made in accordance with the following procedures:
(1) Adjudicatory hearings.
(a) A consumer subject to an enforcement action taken pursuant to this section, including without limitation the disconnection of water service and/or the assessment of a civil penalty, has the right to an adjudicatory hearing with the City of Asheboro Water Resources Director. In order to exercise this right, the consumer must transmit to the Water Resources Director's office a written demand identifying the specific issues to be contested. This written demand must be delivered to the Water Resources Director's office and accepted by the Water Resources Director, or a designee, within 30 calendar days of the date of service of the notice/citation upon which the hearing request is based. Unless such written demand is properly delivered within the time frame specified herein, the action stated in the notice/citation served on the consumer is final and binding.
(b) Upon receipt of a properly filed demand for an adjudicatory hearing, the Water Resources Director, or the Director's designee in the Water Resources Division, shall hold a hearing within 15 calendar days of the date upon which the written demand for an adjudicatory hearing was received in the Water Resources Director's office. After holding the hearing, the Water Resources Director, or the Director's designee, shall have 15 calendar days to prepare a written decision resolving the contested issues. Such a written decision shall be transmitted to the consumer by means of first class, postage pre-paid, United States mail to the consumer's address of record with the City of Asheboro Water and Sewer Utility.
(2) Appeal hearings.
(a) A decision by the Water Resources Director, or the Director's designee, may be appealed to the City Manager by any party to the adjudicatory hearing. In order to appeal such a decision, the party seeking to file an appeal must transmit to the City Manager's office a written demand identifying the basis for the appeal. This written demand must be delivered to the City Manager's office and accepted by the City Manager, or a designee, within 30 calendar days of the date on which the written decision by the Water Resources Director, or the Director's designee, was placed in the custody of the United States Postal Service for delivery to the consumer. Unless such written demand is properly delivered to the City Manager's office within the time frame specified herein, the decision by the Water Resources Director, or the Director's designee, shall be final and binding.
(b) Upon receipt of a properly filed appeal, the City Manager shall hold a hearing within 30 calendar days of the date upon which the written demand for an appeal was received in the City Manager's office. After holding the hearing, the City Manager shall have 15 calendar days to prepare a written decision. The City Manager's written decision shall be transmitted to all of the parties to the appeal by means of first class, postage pre-paid, United States mail. The City Manager's written decision shall be final and binding.
(Ord. 11 ORD 4-20, passed 4-9-20)