(a) Application, purpose, authorization. This section applies to all persons who use, or connect in any way to, the Town of Cary’s public water system. The purpose of this section is to protect the health and safety of the public by protecting the public water system from contaminants"backflowing" into the public water system from private water systems. This section:
(1) Requires the installation of backflow prevention assemblies to prevent contaminants from “backflowing” or siphoning through uncontrolled cross connections into the public water system; and
(2) Establishing a backflow prevention program.
(b) Definitions. As used in this article, the following definitions apply:
(1) Backflow prevention assembly or BPA means a device used to prevent backflow into the public water system from a consumer’s water service connection. The type of BPA required by this section depends on the degree of contamination hazard. An "approved" BPA is one that has been approved by the American Society of Sanitary Engineers (ASSE) or the American Water Works Association (AWWA), or USC, or the Foundation for Cross Connection Control and Hydraulic Research.
(2) Certified Backflow prevention assembly technician or technician means any person who has received from the town a certificate to install, test, repair, overhaul, or maintain approved backflow prevention assemblies. A backflow prevention assembly technician certificate will be issued to any person who:
a. Demonstrates knowledge of applicable laws, rules, and regulations applying to BPAs in the state of North Carolina and in the town, and
b. Is a licensed plumber or has at least two years experience under and is employed by a North Carolina licensed plumber or plumbing contractor, or has equivalent qualifications acceptable to the town, and
c. Holds a certificate of completion from an approved training program in the installation, testing, repair, overhaul and maintenance of backflow prevention assemblies.
(3) Consumer means any customer of the town's public water system, or any person, firm, or entity using or receiving water from the town's public water system or owning or possessing property or facilities that receive water from, or connect to the town's public water system.
(4) Contamination hazard means an existing or potential cross connection that presents the risk of impairment of the quality of the water in the public water system and 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.
(5) Cross connection means any unprotected actual or potential connection or structural arrangement between the town's public water system and any other pipe, conduit, source or system through which it is possible to introduce any contamination 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 or arrangements through which or because of which backflow can or may occur are considered to be cross connections.
(6) Degree of hazard means whether the hazard or potential hazard is a health hazard, or a non-health hazard. The degree of hazard shall be determined by the town from the evaluation of conditions within a private water system and the use to which a property connected to public system is put.
(7) Health hazard means an actual or potential threat of contamination of a physical, chemical, biological, pathogenic or toxic nature to the public or private water system to such a degree or intensity that there would be a danger to health. Examples of waterborne hazards include, but are not limited to:
a. Physical: Radioisotopes/radionuclides;
b. Chemical: Lead, mercury and other heavy metals, organic compounds, other toxins and hazardous substances;
c. Biological: Microorganisms and pathogens like cryptosporidium, typhoid, cholera and E. Coli.
(8) Imminent Hazard means a hazard situation that is likely to cause an immediate threat to human life, an immediate threat of serious physical injury, an immediate threat of serious adverse health effects, or a serious risk of irreparable damage to the environment if no immediate action is taken.
(9) Non-health Hazard means an actual or potential threat to the quality of water of the public water system or a private water system. A non-health hazard is one that, if introduced into the public water supply system, could be a nuisance to water users, but would not adversely affect human health.
(10) Private water system means that part of a water service connection to the town's public water system which is located on the consumer's side of the town's water meter. A private water system may be a water service line to a single premise or structure or it may be a privately owned and maintained water distribution system, which serves more than one structure or premises. For the purpose of this section, once water from the town's public water system passes through the meter to the consumer’s side, that water is considered part of the private water system.
(11) Public water system means the town of Cary water system and includes all of the system for the provision to the public of potable water for human consumption through pipes or other constructed conveyances and includes:
a. Any collection, treatment, storage or distribution facility and all appurtenance to those facilities under control of the town and used primarily in connection with the town's water system; and
b. Any collection, treatment, storage or distribution facility and all appurtenance to those facilities not under the control of the town that is used primarily in connection with the town's water system.
(c) New unprotected cross-connections prohibited, existing cross-connections to be protected. All consumers and any other person or entity receiving water from the town's public water system shall be in violation of this section if they fail to comply with any of the following:
(1) New water service connections. No new residential or nonresidential water service connections to the public water system shall be made unless equipped with an approved backflow prevention assembly. The BPA shall be tested and properly functioning as prescribed herein prior to the issuance of a certificate of occupancy for any building. All new nonresidential construction plans and specifications shall be made available to the town for review to determine the hazard level to the town's public water system.
(2) Existing water service connections. An approved backflow prevention assembly shall be installed on all existing cross connections to the town's public water system upon notification of the need for installation by the town. Upon determining that a backflow prevention assembly is required to be installed on an existing water service connection the town will notify the consumer in writing of:
a. The requirement for installation;
b. The hazard level which has been established for that consumer by the town based upon the use of their premises;
c. The type of approved backflow prevention assembly required;
d. The date by which it must be installed and tested. The consumer will have sixty (60)
calendar days within which to install and test the BPA after notice is given.
(d) Contamination prohibited. No consumer shall cause or allow any contamination of the town's public water system through uncontrolled backflow or backsiphonage from or through their private water system.
(e) No cross-connections. No private water system may be connected to any private well, or to any spring, or to any other water source not approved by the state of North Carolina as a public water supply and commissioned by the town as a public water supply source, or to any other private source of water, or to any plumbing located on private property which may be connected to any of the above. It shall also be unlawful to have plumbing cross-connected or so installed that water from the town's public water system and water from or in any private water system may in any way become intermingled.
(f) Compliance. No private water system shall be connected in any manner to the town's public water system nor may any service connection be made or maintained to the town's public water system unless the requirements of this Chapter have been satisfied.
(g) Approved BPAs and installations required. Only an approved backflow prevention assembly shall be installed to meet the requirements of this section. Any backflow prevention assembly that is installed that is not an approved BPA, or any installation of any backflow prevention assembly which is not installed in accordance with the provisions hereof shall be a violation of this section.
(h) Notification of change in use of property. Within ten (10) calendar days of the date of any change in use of any nonresidential property connected to the town's public water system, the consumer shall notify the town so that the town can reassess the hazard level of that use.
(i) Certification and testing program.
(1) Installation, maintenance, testing and repair of BPAs shall be done only by a certified backflow prevention assembly technician. Consumers shall have a technician test the BPA for proper operation and that technician shall certify the results in writing to the town.
(2) Any consumer or other person who removes or repairs any cross-connection condition shall notify the town for the purpose of securing an inspection or re-inspection by the town.
(3) All backflow prevention assemblies required by this section shall be installed in accordance with the manufacturer's instructions.
(4) All backflow prevention assemblies required by this section must be installed and maintained on the consumer's premises as part of the consumer's water system.
(5) Ownership, installation, testing and maintenance of a backflow prevention assembly and all costs associated therewith shall be the responsibility of the consumer.
(6) Each backflow prevention assembly required under this section must be accessible by the town.
(7) Any bypass around a backflow prevention assembly at any time, including when the BPA is in need of testing, repair or replacement, is prohibited. When it is not possible to interrupt water service, the consumer shall provide for the parallel installation of an approved backflow prevention assembly.
(8) Backflow prevention assemblies with test ports or test cocks shall not be installed below ground.
(j) Testing and repair of backflow prevention assemblies.
(1) Testing/Certification. A certified backflow prevention assembly technician shall conduct testing of backflow prevention assemblies at the consumer's expense. Tests shall be conducted upon installation, and annually thereafter, with a record of all testing and repairs retained by the consumer. Each consumer shall send a copy of the report, signed by the certified backflow prevention assembly technician, for each test or repair to the town within 30 days after the completion of each test or repair. Such records must also be maintained by the consumer on forms provided by the town for a period of three years.
(2) Repairs. Any time that repairs to a backflow prevention assembly are deemed necessary, whether through annual testing or routine inspection by the consumer or by the town, these repairs must be completed within a time specified below, in accordance with the hazard level.
a. Health hazard facilities: Within 14 days of discovery.
b. Nonhealth hazard facilities: Within 28 days of discovery.
(3) Equipment. All certified backflow prevention assembly technicians must obtain and employ backflow prevention assembly test equipment which has been evaluated and/or approved by the town. All test equipment shall be registered with the town and shall be calibrated annually, and certified to the town as to such calibration, employing a calibration method acceptable to the town.
(4) Records. It is unlawful for any consumer or certified backflow prevention assembly technician to submit any record to the town which is false or fraudulent in any material respect. It is unlawful for any consumer or certified backflow prevention assembly technician to fail to submit any record, which is required by this section to the town. Such violations may result in any of the enforcement actions outlined in paragraph (m) of this section.
(k) Protection of the public water system during bulk water sales. No bulk water may be taken except as a sale from a fire hydrant through a metered assembly provided by the town which includes a reduced pressure principle backflow prevention assembly. In addition, any truck, tank, or receiving vessel which is directly or indirectly connected to any pipe, hose, or outlet from the town's public water system must be equipped with an approved, permanently installed, air gap designed to create a minimum of 4 inches separation between the receiving tank or vessel and the connection to the town's public water system.
(l) Backflow prevention assembly protection. Any backflow prevention assembly which might be subjected to pressure surges or abnormally high pressures shall be protected against possible damage by a device approved by the town, such as a water hammer arrestor or a pressure reducing valve.
(m) Violations. Any consumer or other person who fails to comply with any provision of this section, or who fails to comply with any notice, citation, or order made hereunder, or who shall install or alter a private water system in violation of this section or any detailed statement of specifications or plans submitted and approved hereunder, or any certificate or permit issued hereunder, or who shall fail to comply with such a notice, citation, or order within the time fixed therein, or who shall submit a false or fraudulent report, or who fails to submit a report shall be in violation of this section for each such occurrence or noncompliance and shall be subject to enforcement as provided in this section. The remedies provided for violations of this section, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
(1) The Public Works Director or designee shall serve a written notice of violation to any person who violates this section. Such notice shall be personally delivered, or delivered by certified mail, return receipt requested. A copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, and the regular mail is not returned by the post office within ten (10) days after the mailing.
(2) Such notice of violation shall set forth the violation and the time period within which the violation must be corrected. The violation must be corrected within the time period specified in the notice of violation. If the town determines that the violation has created or contributed to the existence of an imminent health hazard, the consumer may be required to correct the violation immediately. If the violation is cured or corrected within the time period specified in the notice of violation, then the Town shall take no further action against the person.
(3) Any person who, after being given a notice of violation pursuant to Section 36-78(m)(1) does not comply within the time period set forth in the notice of violation, and who continues such violation, shall be subject to the penalties and remedies set forth in Section 36-78(m)(4). The following citation procedure shall be used:
(A) Citation for Violation. The Public Works Director or designee shall serve a written citation on the alleged violator by any of the methods specified in Section 36-78(m)(1).
(B) Content of Citation. The citation shall again describe the nature of the violation and any actions that the alleged violator must take to cure or correct the violation, and shall specify the amount of any civil penalty levied against the alleged violator.
(C) Corrective Action Required. The civil penalty shall be paid and the violation shall be cured or corrected, within seventy-two (72) hours of receipt of the citation by the alleged violator, or such other time period, not to exceed thirty (30) days, as the citation may specify.
(D) Action for Recovery of Penalty. If payment is not made, or the violation is not cured or corrected, within the time specified in the citation, then the Town may recover the civil penalty together with all costs by filing one or more civil actions in the name of the Town in the nature of a suit to collect a debt. The town attorney is hereby authorized to file suit on behalf of the town to collect any civil penalties.
(E) Suspension or Termination of Water Service; Revocation of Permits. Water service may be suspended or terminated to a consumer, and/or applicable permits revoked, if the consumer fails to correct a violation in a timely manner. Suspension or termination of water service or revocation of permits will be without prejudice to the town's ability to assert any other remedy available to the town against the consumer or any other person responsible for the violation.
(4) Violations of this Section 36-78 shall subject the offender to the following civil penalties:
Description | Penalty | Frequency |
Unprotected cross connection – wholesale customers (as defined in Section 36-11) or Unprotected cross connection – public water system not under the control of the town | $1,000 | With first citation and thereafter for each thirty-day period or part thereof in which the violation persists |
Unprotected cross connection – non-wholesale customers | $500 | With first citation and thereafter for each thirty-day period or part thereof in which the violation persists |
Falsifying records | $500 | Per occurrence |
Failing to maintain and test residential irrigation backflow prevention assemblies | $500 | With first citation and thereafter for each thirty-day period or part thereof in which the violation persists |
Any other violation of this section | $500 | Per occurrence |
(5) The town may increase any civil penalty assessed by 50 percent of the maximum civil penalty associated with the violation for a second violation of the same provision within a two-year period. The town may increase any civil penalty by doubling the amount of the penalty for a third violation of the same provision within a two-year period. Water service may be terminated after a third violation of the same provision within a two-year period.
(6) Any person violating any provision of this section shall pay to the town all expenses incurred by the town in repairing any damage to the public water system caused in whole or in part by such violation and any expense incurred by the town in investigating such violation. All such expenses shall be in addition to the civil penalty assessed with the violation.
(7) The application of civil penalties shall not be held to prevent the enforced correction or removal of any prohibited condition.
(8) If a certified backflow prevention assembly technician submits falsified records to the town, the town may permanently revoke that certified backflow prevention assembly technician's town issued certification.
(n) Administration of program. The Public Works Director for the town, or designee, shall administer this program.
(Code 1982, § 19-42; Ord. No. 03-014, 11-13-2003; Ord. No. 2018-Code-01, 4-5-2018)
State law reference(s)--Civil penalties, G.S. 160A-175(c).