(A)   Introduction.
      (1)   The purpose of this subchapter is to eliminate all cross-connections within the public potable water supply operated by or under the authority of the Town of Carthage (hereinafter the "Town").
      (2)   This chapter complies with the Federal Safe Drinking Water Act (P.L. 93-523), the North Carolina State Administrative Code (Title 15 A, Subchapter 8C.0709), and the North Carolina State Building Code (Vol. IT), as they pertain to cross-connection within the public water supply.
      (3)   In accordance with G.S. § 162A-9.1, the town is authorized and empowered to adopt this subchapter.
   (B)   Objective of ordinance. The specific objectives of this subchapter are as follows:
      (1)   To protect the public potable water supply of the town from the possibility of contamination or pollution by isolating within its consumers' water system such contaminants, waterborne health hazards, and other significant pollutants that could backflow into the public water system;
      (2)   To eliminate or control existing cross-connections, actual or potential, between the consumer' potable water system and non-potable water system, plumbing fixtures and industrial piping systems; and
      (3)   To provide a continuing inspection program of cross-contamination control that will systematically and effectively control all actual or potential cross-connections that are installed in the future.
   (C)   Designation of responsibility.
      (1)   Health agency's responsibility.
         (a)   The North Carolina Department of Environmental and Natural Resources (Division of Environmental Health) has the responsibility for promulgating and enforcing laws, rules, regulations, and policies applicable to all water purveyors in the State of North Carolina in carrying out an effective Cross-Contamination Control Program.
         (b)   The Division of Environmental Health also has the primary responsibility of ensuring that the water purveyor operates a public potable water system free of actual or potential sanitary hazards including unprotected cross-connections. The Division of Environmental Health also has the responsibility of ensuring that the water purveyor provides an approved water supply at the service connection to the consumer's water system, and further, that the purveyor requires the installation, testing, and maintenance of an approved backflow prevention assembly on the service connection when required.
      (2)   The Town of Carthage.
         (a)   Except as otherwise provided herein, the town 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 customer's water system. In addition, the town shall exercise reasonable vigilance to ensure the consumer has taken the proper steps to protect the public water system. The town will determine the degree of hazard or potential hazard to the public potable water system, the degree of protection required, and will ensure proper containment protection through an ongoing inspection program. The town will identify all facilities where approved backflow protection assemblies are required to be installed.
         (b)   When it is determined that a backflow prevention assembly is required for the protection of the public system, the town shall require the consumer, at the consumer's expense, to install an approved backflow prevention assembly at the service connection, to test immediately upon installation, and thereafter at a frequency determined by the town, to properly repair and maintain assembly or assemblies and to keep adequate records of each test and subsequent maintenance and repair, including materials and/or replacement parts.
      (3)   Plumbing Inspector's responsibility.
         (a)   The Public Works Director of the town shall have the responsibility to review building plans, inspect plumbing as it is installed, and shall have the explicit responsibility of preventing cross-contaminations from being designed and built into the plumbing system within the town. Where the review of building plans suggests or detects the potential for cross-contamination being made an integral part of the plumbing system, the Director has the responsibility, under the North Carolina Building Code, for requiring that such cross-contaminations be either eliminated or provided with backflow prevention equipment approved by the North Carolina State Building Code. Furthermore, any cross-connections must meet the requirements of this subchapter.
         (b)   The plumbing inspector's responsibility begins at the point of delivery downstream of the first installed backflow prevention assembly and continues throughout the entire length of the consumer's water system. The inspector should inquire about the intended use of water at any point where it is suspected that a cross-contamination might be made or where one is actually called for by the plans. When a cross-contamination is discovered, it shall be mandatory that a suitable backflow prevention assembly - approved by the North Carolina Building Code, North Carolina Department of Environment and Natural Resources and the town - be required by the plans and be properly installed.
      (4)   Consumer's responsibility. The consumer has the primary responsibility of preventing pollutants and contaminants from entering his or her potable water system or the public potable water system. The consumer's responsibility starts at the point of delivery from the public potable water system and includes all of his or her water system. The consumer, at his or her expense, shall install, operate, test, and maintain approved backflow prevention assemblies and shall maintain accurate records of tests and repairs made to backflow prevention assemblies for a minimum period of three years. The records shall be on forms approved by the town and shall include the list of materials or replacement parts used. Following any repair, overhaul, or relocation of an assembly, the consumer shall have it tested to ensure that it is in good operating condition and will prevent backflow. Tests, maintenance, and repairs of backflow prevention assemblies shall be made by a Certified Backflow Prevention Assembly Tester.
      (5)   Certified Backflow Prevention Assembly Tester responsibility.
         (a)   When employed by the consumer to test, repair, overhaul, or maintain backflow prevention assemblies, a Certified Backflow Prevention Assembly Tester (Tester) will have the following responsibilities:
            1.   The Tester will be responsible for making competent inspections and for repairing, or overhauling backflow prevention assemblies and making reports of such repairs to the consumer and the town on forms approved by the town.
            2.   The Tester shall include the list of materials and of replacement parts used.
            3.   The Tester shall be equipped with and be competent to use all the necessary tools, gauges, manometers, and other equipment necessary to properly test, repair, and maintain backflow assemblies.
            4.   It will be the Tester's responsibility to ensure that original manufactured parts are used in the repair of or replacement of parts in backflow prevention assemblies.
            5.   It will be the Tester's further responsibility not to change the design, material or operational characteristics of an assembly during the repair or maintenance without prior approval of the town.
            6.   The Tester shall perform the work and be responsible for the competency and accuracy of all tests and reports.
            7.   The Tester shall maintain such records for a minimum period of three years.
         (b)   All Certified Backflow Prevention Assembly Testers much obtain and employ backflow prevention assembly test equipment which has been evaluated and approved by the town. All test equipment shall be registered with the town. All test equipment shall be checked for accuracy annually, calibrated if necessary, and certified to the town as to the calibration, employing a method acceptable to the town.
(Ord. 17-02, passed 2-20-2017)