§ 52.07  CROSS CONNECTION CONTROL.
   (A)   Purpose.
      (1)   To provide for the protection of the public potable water system from the possibility of contamination or pollution by isolating within its water customers' private water systems any contaminants or pollutants which could, under adverse conditions, backflow into the public potable water system.
      (2)   To provide for the maintenance of a continuing program of cross-connection control which will, effectively, prevent or control existing or potential cross connections.
   (B)   Definitions. As used in this chapter, the following terms have the following meanings:
      AIR GAP. An unobstructed vertical distance through atmosphere between the discharge end of a pipeline supplied from a public water supply and the overflow rim of the receiving portion of the customer water system.
      APPROVED BACKFLOW PREVENTION ASSEMBLY. An assembly that is in accordance with 327 IAC 8-10-7(b).
      BACKFLOW. The flow of water or contaminants into the public potable water system from a source other than the public water supply.
      CONTAINMENT. A method of backflow prevention which requires an approved backflow prevention assembly at the water service entrance.
      CROSS CONNECTION. Any physical arrangement, including cross connection control devices not in working order, whereby the public potable water system is directly connected, either continuously or intermittently, with any secondary source of supply, sewer, drain, conduit, pool, piping, storage reservoir, plumbing fixture, or other device that contains, or may contain, and is capable of imparting to the public water supply, contaminants, contaminated water, sewage, or other waste or liquid of unknown or unsafe quality.
      CROSS CONNECTION CONTROL DEVICE INSPECTOR. A person that meets the definition of 327 IAC 8-10-1(8).
      CUSTOMER WATER SYSTEM. All piping, fixtures, and appurtenances, including secondary sources of supply, used by a customer to convey water on his or her premises.
      DEGREE OF HAZARD (POLLUTANT OR CONTAMINANT). Either a "low hazard pollutant" which is only aesthetically objectionable (i.e., unusual taste, odor, beverages, and the like) or a "high hazard contaminant" that could cause illness or death if ingested (i.e., bacteriological, toxic chemicals, radioactive materials, and the like).
      DOUBLE CHECK VALVE ASSEMBLY. A device or assembly composed of two tightly closing shutoff valves surrounding two independently acting check valves, with four test cocks, one upstream of the four valves and one between each of the four check and shutoff valves.
      HEALTH AGENCY. The health authority having jurisdiction; federal, state or local.
      POINT OF DELIVERY. See SERVICE CONNECTION.
      PRIVATE FIRE SERVICE. Refers to a privately owned arrangement of pipes, fixtures and devices installed for the purpose of providing fire protection/suppression service at a private property over and above that provided by the public fire protection system, from which water is taken only for the extinguishment of fires.
      PUBLIC POTABLE WATER SYSTEM. A public water supply for the provision to the public of water for human consumption through pipes or other constructed conveyances.
      REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTER. A device composed of two tightly closing shutoff valves surrounding two independently acting pressure reducing check valves that, in turn, surround an automatic pressure differential relief valve, and four test cocks, one upstream of the five valves and one between each of the four check and shutoff valves. The check valves effectively divide the structure into three chambers. Pressure is reduced in each downstream chamber allowing the pressure differential relief valve to vent the center chamber to atmosphere should either or both check valves malfunction.
      SERVICE CONNECTION. The terminal end of a service connection from the public potable water system, i.e., where the utility loses jurisdiction and sanitary control over the water at its point of delivery to the customer water system.
      TESTING RESULTS. The results of inspections or tests conducted pursuant to section 327 IAC 8-10-8(b) on air gaps, reduced pressure principle back-flow preventers, double check valve assemblies, and pressure vacuum breakers.
      TEMPORARY WATER SERVICE. Water service supplied through a fire hydrant for short-term use, typically for construction projects or other special purposes (excluding preparation of food and drink for human consumption), for which a mobile or stationary meter is required.
      UTILITY. Town of Bargersville, operator of the Town of Bargersville public potable water system.
      WATER CUSTOMER. Any person who receives water from the Bargersville utilities.
   (C)   Authority.
      (1)   The utility has the authority to prevent, by appropriate means, the backflow of contaminated or polluted water or any other foreign substance from entering the public potable water system and to require certain backflow prevention assemblies in private customer water systems to prevent backflow into the public potable water system.
      (2)   Water customers have the responsibility to test and maintain their respective private customer water systems free of cross connections and to comply with all federal, state, county and town laws, ordinances and regulations pertaining to cross connections.
      (3)   The utility shall be the interpreter of this chapter and the arbiter and judge as to whether a backflow assembly is required. If such a backflow assembly is required, exact installation, alignment and elevation requirements shall be determined by reference to 327 IAC 8-10-7 and other applicable state and local regulations.
   (D)   Policy.
      (1)   The policy of the utility is to control backflow by containment of all cross connections which shall be found to exist or which may be installed in the future on private customer water systems. Containment shall be achieved by:
         (a)   Assuring that the customer water system, or any portion thereof, which may create or is causing backflow, is physically disconnected from the public potable water system; or
         (b)   Installing an approved backflow prevention assembly at the appropriate location to isolate said customer water system from the public potable water system.
   (E)   Backflow prevention is required when one or more of the following situations apply:
      (1)   By Order of the Indiana Department of Environmental Management in accordance with 327 IAC 8-10-04 Cross Connection Hazards.
      (2)   By order of the Indiana Department of Environmental Management in accordance with 327 IAC 8-10-05 Secondary Sources of Supply.
      (3)   By order of the Indiana Department of Environmental Management in accordance with 327 IAC 8-10-06 land irrigation buried below ground.
      (4)   By Order of the utility, provided that notice is given that specifies the nature of the customer activity that necessitates designation of the facility as cross connection hazard and a date by which the facility must comply with the order.
      (5)   For new construction of any of the following facilities:
         (a)   Facilities that present a cross-connection hazard as defined in division (E);
         (b)   Proposed facilities with unknown tenants, commonly known as "spec buildings";
         (c)   Facilities with a secondary source of supply, including but not limited to, emergency use, fire prevention, irrigation; or
         (d)   Facilities that plan to use fire protection service lines in the facility.
      (6)   For existing facilities requiring the following types of modifications:
         (a)   Installation of a new customer service line if the facility is one of the types of facilities identified in section (E)(5);
         (b)   Modifications to a facility's customer service line if the facility is one of the types of facilities identified in section (E)(5); or
         (c)   Modifications involving the installation of additional or larger capacity meters if the facility is one of the types of facilities identified in section (E)(5).
   (F)   Installation, testing, reporting, access, and inspections.
      (1)   Use of backflow prevention assembly. When backflow prevention is required as set forth in section (E), the water customer shall install, at the water customer's expense, an approved backflow prevention assembly that is in accordance with 327 IAC 8-10-7 and provides protection commensurate with the degree of hazard, hydraulic conditions, and is appropriate with the length of time the backflow prevention assembly is subject to be under pressure.
      (2)   Location. The backflow prevention assembly shall be located immediately downstream of the water meter and shall not be bypassed by any means. There shall be no taps upstream of the backflow prevention assembly that are not protected by additional backflow prevention assemblies. The existence of backflow prevention assemblies on the water customer's premises other than at this required location shall not negate the requirement at this location. Exact installation, alignment and elevation requirements shall be determined by reference to 327 IAC 8-10-7 and other applicable state and local regulations.
      (3)   Air gap or reduced pressure principle backflow preventer required. A reduced pressure principle backflow preventer shall be required for cross-connections defined in 327 IAC 8-10-4(c).
      (4)   Uninterrupted service. Water customers needing continuous service that cannot be interrupted for testing the backflow prevention assembly shall install dual backflow prevention assemblies in parallel so that they can be checked separately.
      (5)   Looped taps. Heat exchange loops intentionally returning water to the public potable water system shall not be allowed. Any other loop or set of taps into a private customer water system allowing water to return to the public potable water system shall require approved backflow prevention assemblies on all taps.
      (6)   Private fire service. No connection shall be made to any fire hydrant or private fire service without an approved backflow prevention assembly. Private fire service that is permanent in nature shall incorporate a double check valve assembly in 100% water systems or a reduced pressure principle backflow preventer in chemical systems. Where domestic service is tapped into a private fire service, the domestic tap shall be subject to all the provisions of this chapter.
      (7)   Pre-existing facilities. In general, pre-existing backflow preventers will not be allowed simply because they were approved before the enactment of this chapter. The utility will review the operation and hazard of each facility with backflow preventers and determine acceptability based on operability and present hazard. If the backflow preventers are found unacceptable, they shall be replaced with an approved backflow prevention assembly, at the water customer's expense, in accordance with this chapter. Pre-existing facilities that have no backflow prevention assembly and where there is a definite present hazard shall be required to install an approved backflow prevention assembly, regardless of whether their plumbing system was previously approved by the town.
      (8)   Testing intervals. The water customer shall have its backflow prevention assembly(ies) tested by a cross connection control device inspector at intervals in accordance with 327 IAC 8-10-8 at the water customer's expense.
      (9)   Reporting requirements. State certified cross connection control device inspectors shall submit the backflow assembly testing result and assembly repair and/or overhaul reports to the utility pursuant to procedures required by the utility within ten calendar days after the test has been completed.
      (10)   Access. The customer shall permit access to the customer's premises by the Bargersville Inspector, or the Commissioner ("Commissioner" means the Commissioner of the Indiana Department of Environmental Management,") at reasonable times, and upon presentation of identification, for inspection of the customer water system or testing of cross connection control devices installed in accordance with 327 IAC 8-10. On request, the owner, lessee, or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. If access for inspection is denied for any reason, a maximum hazard shall be assumed requiring a reduced pressure backflow prevention assembly.
      (11)   Inspection intervals. The town may cause inspections to be made of all properties served by the public water system where cross connections with the public water system are deemed possible. The frequency of any such inspections and re-inspections based on potential health hazards involved may be established by the town.
   (G)   Temporary water service.
      (1)   With the prior consent of the utility, a water customer may receive temporary water service.
      (2)   The water customer must rent a meter for temporary water service from the utility and pay a fee as set forth in the utility's schedule of non-recurring rates and charges. The water customer shall submit a deposit for a meter.
      (3)   Any approved backflow prevention assembly shall be provided at the water customer's sole expense and shall at all times remain the property of the water customer. It is the water customer's responsibility to ensure the approved backflow prevention assembly is in working order at all times temporary water service is being used.
      (4)   If an air gap is used for backflow prevention, it is the water customer's responsibility to ensure that the air gap meets the requirements of 327 IAC 8-10-7(a).
      (5)   Failure to comply with the provisions of this section shall subject the water customer to enforcement procedures outlined in section (H).
   (H)   Enforcement.
      (1)   Disconnection of water service. Service of water to any customer water system or any temporary water service connection shall be discontinued by the utility if one or more of the following occurs:
         (a)   It is found that an approved backflow prevention assembly required by this chapter is not installed, tested, maintained and reported appropriately, or if it is found that a backflow prevention assembly has been removed or bypassed on a customer water system connected to the public potable water system, or if an unprotected cross connection exists on the premises. Service will not be restored until such conditions are corrected.
      (2)   Customer fines. Customers who are in violation of this chapter shall be subject to a fine of $250 for each violation if one or more of the following occurs:
         (a)   It is found that an approved backflow prevention assembly required by this chapter is not installed, tested, maintained and reported appropriately, or if it is found that a backflow prevention assembly has been removed or bypassed on a customer water system connected to the public potable water system, or if an unprotected cross connection exists on the premises. Service will not be restored until such conditions are corrected.
   (I)   Procedure.
      (1)   Notice of violation. A written notice will be sent by first class mail to the water customer stating the specific violation, the recommended action, the time by which the violation must be cured, and the penalty for failing to cure such violation.
      (2)   Discontinued service. When the water customer has been provided with the notice of noncompliance and fails to cure the same as provided in the written notice, service to the water customer will be discontinued.
      (3)   Discontinued service will consist of closing the control valve to or separating the control valve from the customer water system, or fire hydrant in the case of temporary water service, and the water customer will incur the standard monetary penalties for delinquent water shut-off. The utility will not restore service to the water customer until the utility has determined that the water customer is in compliance with the provisions of this chapter.
      (4)   If it is found that a cross connection control device inspector is in violation of any part of this chapter or 327 IAC 8-10, the utility reserves the right to discontinue accepting backflow prevention assembly testing results and assembly repair and/or overhaul reports in any format performed by the cross connection control device inspector found in violation at the discretion of the utility for a duration of time determined by the utility.
(Ord. 2019-07, passed 5-14-2019; Ord. 2020-05, passed 2-11-2020)