13.04.060: WATER SUPPLY CROSS CONNECTION CONTROL:
   A.   Cross Connection Prohibited:
      1.   It is the policy of the village that cross connections are not to be granted except under circumstances of special or unusual need such as an emergency or for the protection of life, health or safety which is or are in clear and present jeopardy.
      2.   Connections between potable water systems and other systems or equipment containing water or other substances of unknown or questionable quality are prohibited except when and where approved cross connection control devices or methods are installed, tested and maintained to ensure proper operation on a continuing basis.
      3.   a. No physical connection shall be permitted between the potable portion of a supply and any other water supply not of equal or better bacteriological and chemical quality as determined by inspection and analysis by the agency;
         b.   There shall be no arrangement or connection by which an unsafe substance may enter a supply of potable water.
         c.   In such cases, the existing private potable water supply system shall be properly disconnected and abandoned. If the existing private well is to be maintained for outside watering purposes, the system shall be properly disconnected from the potable water system and permitted as appropriate by the controlling authorities.
   B.   Plumbing Standards; Backflow Prevention Device: All plumbing installation within the village shall be installed in accordance with the Illinois plumbing code, 77 Illinois administrative code 890. If, in accordance with the Illinois plumbing code or in the judgment of the superintendent of water, an approved backflow prevention device is necessary for the safety of the public water supply system, the superintendent of water will give notice to the water customer to install such an approved device immediately. The water customer shall, at his or her own expense, install such an approved device at a location and in a manner in accordance with the Illinois plumbing code, Illinois environmental protection agency regulations and all applicable local regulations, and shall have inspections and tests made of such approved devices upon installation and as required by the Illinois plumbing code, Illinois environmental protection agency and local regulations.
   C.   Cross Connection Control; General Policy:
      1.   Purpose: The purpose of these rules and regulations is:
         a.   To protect the public water supply system from contamination or pollution by isolating within the customer's water system contaminants which could backflow through the service connection into the public water system.
         b.   To promote the elimination or control of existing cross sections, actual or potential, between the public's or consumer's potable water system and nonpotable water systems, plumbing fixtures and sources, or systems containing substances of unknown or questionable safety.
         c.   To provide for the maintenance of a continuing program of cross connection control which will prevent the contamination or pollution of the public's and consumer's potable water system.
      2.   Application: These rules and regulations shall apply to all premises served by the public potable water supply system of the village.
      3.   Policy: The owner or official custodian shall be responsible for protection of the public water supply system from contamination due to backflow or back siphonage of contaminants through the customer's water service connection. In all cases where an auxiliary water system is connected to the village water system, an approved backflow prevention device is deemed necessary for the safety of the public water system. The superintendent of water shall give notice to the consumer to install such approved backflow prevention device at each service connection to the premises. The consumer shall immediately install such approved device or devices at his or her own expense; failure, or refusal or inability on the part of the consumer to install such device or devices immediately shall constitute grounds for discontinuing water service to the premises until such device or devices have been installed. The consumer shall retain records of installation, maintenance, testing, and repair as required in subsection H of this section for a period of at least five (5) years. The superintendent of water may require the customer to submit a cross connection inspection report to the village to assist in determining whether or not service line protection will be required. All cross connection inspection reports shall be given to the village to assist in determining whether or not service line protection will be required. All cross connection inspections shall be conducted by a cross connection control device licensed plumber inspector certified by the Illinois environmental protection agency.
   D.   Water System:
      1.   The water system shall be considered as made up of two (2) parts: the public water supply system and the consumer's water system.
      2.   The public water system supply system shall consist of the source facilities and the distribution system, and shall include all those facilities of the potable water system under the control of the superintendent of water up to the point where the consumer's water system begins.
      3.   The source shall include all components of the facilities utilized in the production, treatment, storage and delivery of water to the public water supply distribution system.
      4.   The public water supply distribution system shall include the network of conduits used to deliver water from the source to the consumer's water system.
      5.   The consumer's water system shall include all parts of the facilities beyond the service connection used to convey water from the public water supply distribution system to the points of use.
   E.   Private, Auxiliary Or Emergency Water Supply: No person, firm or corporation shall establish or permit to be established, or maintain or permit to be maintained, any connection whereby a private, auxiliary or emergency water supply other than the regular public water supply of the village may enter the supply or distribution system of the village unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the superintendent of water and the Illinois environmental protection agency (the "agency").
   F.   Cross Connection Control Inspection; Authority, Right Of Access To Property And Information: The approved cross connection control device inspector shall have the right to enter, at any reasonable time, any property served by a connection to the public water supply or distribution system of the village for the purpose of verifying the presence or absence of cross connections, and the water superintendent or his or her authorized agent shall have the right to enter, at any reasonable time, any property serviced by a connection to the public water supply or distribution system of the village for the purpose of verifying information submitted by the customer regarding the required cross connection control inspection. On demand, the owner, lessees or occupants of any property so served shall furnish to the superintendent of water, any information which he or she may request regarding the piping system or systems or water use on such property. The refusal of such information, when demanded, shall, within the discretion of the superintendent of water, be deemed evidence of the presence of improper connections as provided by this chapter.
   G.   Survey And Investigation:
      1.   It shall be the duty of the superintendent of water to cause surveys and investigations to be made of industrial and other properties served by the public water supply to determine whether actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be a matter of public record and shall be repeated at least every two (2) years, or as often as the superintendent of water shall deem necessary. Records of such surveys shall be maintained and available for review for a period of at least five (5) years.
      2.   The consumer's premises shall be open at all reasonable times to the approved cross connection control device inspector for the inspection of the presence or absence of cross connections within the consumer's premises, and testing, repair and maintenance of cross connection control devices within the consumer's premises.
      3.   On request by the superintendent of water or his or her authorized representative, the consumer shall furnish information regarding the piping system or systems or water use within the customer's premises. The consumer's premises shall be open at all reasonable times to the superintendent of water for the verification of information submitted by the water consumer to the public water supply custodian regarding cross connection inspection results.
      4.   It shall be the responsibility of the water consumer to arrange periodic surveys of water use practices on his or her premises to determine whether there are actual or potential cross connections to his or her water system through which contaminants or pollutants could backflow into his or her, or the public potable water system. All cross connection control or other plumbing inspections must be conducted in accordance with 225 Illinois Compiled Statutes 320/3(1).
      5.   It is the responsibility of the water consumer to prevent backflow into the public water system by ensuring that:
         a.   Removal And Installation: All cross connections are removed; approved cross connection control devices are installed for control of backflow and back siphonage.
         b.   Installation According To Manufacturer: Cross connection control devices shall be installed in accordance with the manufacturer's instructions.
         c.   Inspection: Cross connection control devices shall be inspected at the time of installation and at least annually by a person approved by the agency as a cross connection control device inspector (CCCDI). The inspection of mechanical devices shall include physical testing in accordance with the manufacturer's instructions.
         d.   Testing And Records:
            (1)   Each device shall be tested at the time of installation and at least annually or more frequently if recommended by the manufacturer.
            (2)   Records submitted to the community public water supply shall be available for inspection by agency personnel in accordance with 415 Illinois Compiled Statutes 5/4(e).
            (3)   Each device shall have a tag attached listing the date of the most recent test, name of CCCDI, and type and date of repairs.
            (4)   A maintenance log shall be maintained and include:
               (A)   Date of each test;
               (B)   Name and approval number of person performing the test;
               (C)   Test results;
               (D)   Repairs and servicing required;
               (E)   Repairs and date competed; and
               (F)   Servicing performed and date completed.
   H.   Where Protection Is Required:
      1.   Where cross connections are permitted, an approved backflow device shall be installed on all connections to the public water supply as described in the Illinois plumbing code, 77 Illinois administrative code 890, and the agency's regulations, 35 Illinois administrative code 680. In addition, an approved backflow prevention device shall be installed on each service line to a consumer's water system serving premises where, in the judgment of the superintendent of water, actual or potential hazards to the public water supply system exist.
      2.   An approved backflow prevention device shall be installed on each service line to a consumer's water system serving premises where the following conditions exist:
         a.   Premises have an auxiliary water supply, unless such auxiliary supply is accepted as an additional source by the superintendent of water and the source is approved by the Illinois environmental protection agency.
         b.   Premises on which any substance is handled which can create an actual premises having sources or systems containing process fluids or waters originating from the public water supply system which are no longer under the sanitary control of the superintendent of water.
         c.   Premises having internal cross connections that, in the judgment of the superintendent of water and/or the cross connection control device inspector, are not correctable or have intricate plumbing arrangements which make it impractical to determine whether or not cross connections exist.
         d.   Premises where, because of security requirements or other prohibitions or restrictions, make it impossible or impractical to make a complete cross connection survey.
         e.   Premises having a repeated history of cross connections being established or reestablished.
      3.   Where cross connections are permitted, an approved backflow device shall be installed on all connections to the public water supply as described in the Illinois plumbing code, 77 Illinois administrative code 890, and the agency's regulations, 35 Illinois administrative code 653. In addition, an approved backflow prevention device shall be installed on each service line to a consumer's water system serving, but not necessarily limited to, the following types of facilities, unless the superintendent of water determines that no actual or potential hazard to the public water supply system exists:
         a.   Hospitals, mortuaries, clinics, nursing homes.
         b.   Laboratories.
         c.   Piers, docks, waterfront facilities.
         d.   Sewage treatment plants, sewage pumping stations or storm water pumping stations.
         e.   Food or beverage processing plants.
         f.   Chemical plants and storage facilities.
         g.   Metal plating industries.
         h.   Petroleum processing or storage plants.
         i.   Radioactive material processing plants or nuclear reactors.
         j.   Car washes.
         k.   Pesticide, herbicide or extermination plants and trucks.
         l.   Farm service and fertilizer plants and trucks.
         m.   Industrial, commercial and multi-family facilities which have automatic sprinkling fire prevention devices.
   I.   Type Of Protection Required:
      1.   The type of protection required under subsections H2a through H2c of this section shall depend on the degree of hazard which exists as follows:
         a.   An approved fixed proper air gap separation shall be installed where the public water supply system may be contaminated with substances that could cause a health hazard.
         b.   An approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention assembly shall be installed where the public water supply system may be contaminated with a substance that could cause a system or health hazard.
         c.   An approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention assembly or a double check valve assembly shall be installed where the public water supply system may be polluted with substances that could cause a pollution hazard not dangerous to health.
      2.   The type of protection required under subsections H2d and H2e of this section shall be an approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention device.
      3.   Where a public water supply or an auxiliary water supply is used for a fire protection system, reduced pressure principle backflow preventers shall be installed on fire safety systems connected to the public water supply when:
         a.   The fire safety system contains antifreeze, fire retardant or other chemicals;
         b.   Water is pumped into the system from another source;
         c.   Water flows by gravity from a nonpotable source; or water can be pumped into the fire safety system from any other source;
         d.   There is a connection whereby another source can be introduced into the fire safety system.
      4.   All other fire safety systems connected to the potable water supply shall be protected by a double check valve assembly on metered service lines and a double detector check valve assembly on unmetered service lines.
   J.   Backflow Prevention Devices:
      1.   All backflow prevention devices or methods required by this chapter shall be approved by the Research Foundation for Cross- Connection Control of the University of Southern California, American Water Works Association, American Society of Sanitary Engineering, or American National Standards Institute, or certified by the National Sanitation Foundation to be in compliance with applicable industry specification.
      2.   Installation of approved devices shall be made in accordance with the manufacturer's instructions. Maintenance, as recommended by the manufacturer of the device, shall be performed. Manufacturer's maintenance manual shall be available on site.
   K.   Inspection And Maintenance:
      1.   It shall be the duty of the consumer, at any premises on which backflow prevention devices required by this chapter are installed to have inspection, tests, maintenance and repair made in accordance with the following schedule or more often where inspections indicate a need or are specified in manufacturer's instructions:
         a.   Fixed proper air gap separations shall be inspected to document that a proper vertical distance is maintained between the discharge point of the service line and the flood level rim of the receptacle at the time of installation and at least annually thereafter. Corrections to improper or bypassed air gaps shall be made within twenty four (24) hours of notice thereof to the owner or operator, or both, of the premises. Corrections shall be made by the party named in the notice.
         b.   Double check valve assemblies shall be inspected and tested at time of installation and at least annually thereafter, and required service performed within five (5) days.
         c.   Reduced pressure principle backflow prevention assemblies shall be tested at the time of installation and at least annually or more frequently, if recommended by the manufacturer, and required service performed within five (5) days.
      2.   Testing shall be performed by a person who has been approved by the agency as competent to service the device. Proof of approval shall be in writing.
      3.   Each device shall have a tag attached listing the date of the most recent test or visual inspection, name of tester, and type and date of repairs.
      4.   A maintenance log shall be maintained and include:
         a.   Date of each test or visual inspection;
         b.   Name and approval number of person performing the test or visual inspection;
         c.   Test results;
         d.   Repairs and servicing required;
         e.   Repairs and date completed; and
         f.   Servicing performed and date completed.
      5.   Whenever backflow prevention devices required by this chapter are found to be defective, they shall be repaired or replaced at the expense of the consumer without delay as required by subsection K1 of this section.
      6.   Backflow prevention devices shall not be bypassed, made inoperative, removed, or otherwise made ineffective without specific authorization by the superintendent of water.
   L.   Booster Pumps:
      1.   Where a booster pump has been installed on the service line to or within any premises, such pump shall be equipped with a low pressure cutoff device designed to shut off the booster pump when the pressure in the service line on the suction side of the pump drops to twenty (20) psi or less.
      2.   It shall be the duty of the water consumer to maintain the low pressure cutoff device in proper working order and to certify to the superintendent of water, at least once a year, that the device is operable.
   M.   Connection Violation; Authorization To Terminate Service; Restoration Fee: The superintendent of water of the village is authorized and directed to discontinue, after reasonable notice to the occupant thereof, the water service to any property wherein any connection in violation of the provisions of this chapter is known to exist and to take such other precautionary measures as he or she may deem necessary to eliminate any danger of contamination of the public water supply distribution mains. Water service to such property shall not be restored until such conditions have been eliminated or corrected in compliance with this section and until the reconnection fee as provided in the fee schedule of the village, as amended, is paid to the village. Immediate disconnection with verbal notice can be effected when the superintendent of water is assured that imminent danger of harmful contamination of the public water supply exists. Such action shall be followed by written notification of the cause of disconnection. Immediate disconnection without notice to any party can be effected to prevent actual or anticipated contamination or pollution of the public water supply; provided, that in the reasonable opinion of the superintendent of water or the Illinois environmental protection agency, such action is required to prevent actual or potential contamination or pollution of the public water supply. Neither the public water supply, the superintendent of water, or its agents or assigns shall be liable to any customer for any injury, damages or lost revenues which may result from termination of said customer's water supply in accordance with the terms of this chapter, whether or not said termination was with or without notice.
   N.   Violation; Penalty:
      1.   The superintendent of water shall deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises wherein a cross connection is made without a permit or in violation of this chapter, or if any permitted backflow prevention device is not installed, tested, maintained, and repaired in a manner acceptable to the superintendent of water, or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross connection exists on the premises, or if a low pressure cutoff required by this chapter is not installed and maintained in working order.
      2.   Water service to such premises shall not be restored until the customer has corrected or eliminated such conditions or defects in conformance with this chapter and to the satisfaction of the superintendent of water and the required reconnection fee as provided in the fee schedule of the village, as amended, is paid, and all additional costs, if any, are paid.
      3.   Water service to such premises shall not be restored until the customer has corrected or eliminated such conditions or defects in conformance with this chapter and to the satisfaction of the superintendent of water.
      4.   Neither the village, the superintendent of water, or any of its agents or assigns shall be liable to any customers of the village for any injury, damages or lost revenues which may result from the termination of said customer's water supply in accordance with the terms of this chapter, whether or not said termination of the water supply was with or without notice.
      5.   The consumer responsible for back siphoned material or contamination through backflow, if contamination of the potable water supply system occurs through an illegal cross connection or an improperly installed, maintained or repaired device, or a device which has been bypassed, shall bear the cost of cleanup of the potable water supply system.
      6.   Any person found to be violating any provision of this chapter shall be served with written notice stating the notice of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violation.
      7.   The consumer responsible for back siphoned or back pressured material or contamination through backflow, if contamination of the potable water supply system occurs through an illegal cross connection or an improperly installed, maintained or repaired device, or a device which has been bypassed, shall pay to the village the cost of cleanup of the potable water supply system. Failure to pay such cost upon demand shall be cause for the village to file a lien against the real estate in violation for the amount of such cost and costs of enforcement of the lien.
      8.   Any person, firm or entity violating any of the provisions of this section, in addition to the fine provided shall become liable to the village for any expense, including reasonable attorney and engineering fees, loss or damage occasioned by the village by reason of such violation, whether the same was caused before or after notice. Any violation of any section of this chapter shall be deemed a separate offense for each day that such violation exists. Any person violating the terms and conditions of this chapter shall be subject to a fine of not less, nor more, than that as provided in the fee schedule of the village, as amended, with each and every day that the violation exists. Each day a violation exists constitutes a distinct and separate offense under this section. In addition, the village may take all actions, singly or cumulatively it deems appropriate to enforce the terms of this chapter, including an action for injunction. All attorney fees and costs incurred by the village in enforcing the terms of this chapter shall be paid by the violator upon conviction. (Ord. 2015-O-4: Ord. 2014-O-36: Ord. 2000-O-18 § 1)