(A) Health agency. The State Department of Environment and Natural Resources has the responsibility for promulgating and enforcing laws, rules, regulations, and policies to be followed in carrying out an effective cross-connection control program. The State Department of Environment and Natural Resources also has the primary responsibility of insuring that Brunswick County operates the public potable water system free of actual or potential sanitary hazards, including unprotected cross-connections. The State Department of Environment and Natural Resources has the further responsibility of insuring that Brunswick County provides an approved water supply at the service to the town's public water system and, further, that it requires the installation, testing, and maintenance of an approved backflow prevention assembly on the service connection when required.
(B) Water purveyor. Except as otherwise provided in this subchapter, Brunswick County has the responsibility to ensure 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 town's water system. In addition, the Department shall exercise reasonable vigilance to insure that the consumer has taken the proper steps to protect the public potable water system. To insure that the proper precautions are taken, the town's Water Commissioner or his duly appointed representative, is required to determine the degree of hazard or potential hazard to the public potable water system and to determine the degree of protection required; and to ensure proper containment protection through an on-going inspection program. When it is determined that a backflow prevention assembly is required for the protection of the public system, the Department shall require the consumer, at the consumer's expense, to install an approved backflow prevention assembly at each service connection, to test immediately upon installation and thereafter at a frequency as determined by the Department, to properly repair and maintain the assembly or assemblies and to keep adequate records of each test and subsequent maintenance and repair, including materials and/or replacement part. Failure, refusal, or inability on the part of the consumer to install, have tested, and maintain the assembly(s), shall constitute grounds for enforcement (for example, stipulated penalties, disconnection of water service, and the like) until the requirements have been satisfactorily met. Enforcement of this policy shall be administered by the Water Commissioner or an authorized representative of the town.
(C) Plumbing inspection.
(1) The town's Building Inspector as part of the permitting process has the responsibility to not only review building plans and inspect plumbing as it is installed, but, he or she has the explicit responsibility of preventing cross-connections from being designed and built into the plumbing system within his jurisdiction.
(2) Where the review of building plans suggests or detects the potential for cross-connections being made an integral part of the plumbing system, the Building Inspector has the responsibility, under the State Building Code, for requiring that such cross-connection be either eliminated or provided with backflow prevention equipment approved by the State Building Code. The Building 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 Building Inspector should inquire about the intended use of water at any point where it is suspected that a cross-connection might be made or where one is actually called for by the plans. When such is discovered it shall be mandatory that a suitable, approved backflow prevention assembly approved by the State Building Code be required by the plans and be properly installed.
(3) The primary protection assembly for containment purposes only shall have approval from the town, Brunswick County, the State Building Code, and the State Department of Environment and Natural Resources.
(D) Consumer/customer.
(1) The consumer has the primary responsibility of preventing pollutants and contaminants from entering his 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.
(2) The consumer, at his or her own expense, shall install, operate, test, and maintain approved backflow prevention assemblies as directed by the Department. The consumer shall maintain accurate records of tests and repairs made to backflow prevention assemblies and shall maintain records for a minimum period of three years. The records shall be on forms approved by the Department and shall include the list of materials or replacement parts used.
(3) Following any repair, overhaul, repiping or relocation of an assembly, the consumer shall have it tested to insure 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.
(E) Certified backflow prevention assembly testers. When employed by the consumer to test, repair, overhaul, or maintain backflow prevention assemblies, a backflow prevention assembly 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 repair to the consumer and responsible authorities on forms approved by the Department.
(2) The tester shall include the list of materials or 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 prevention assemblies.
(4) It will be the tester's responsibility to insure that original manufactured parts are used in the repair of or replacement of parts in a backflow prevention assembly.
(5) It will be the tester's further responsibility not to change the design, material or operational characteristics of an assembly during repair or maintenance without prior approval of the Department.
(6) A certified tester shall perform the work and be responsible for the competency and accuracy of all tests and reports.
(7) A certified tester shall provide a copy of all test and repair reports to the consumer and to the Department's staff responsible for cross-connection control within ten business days of any completed test or repair work.
(8) A certified tester shall maintain such records for a minimum period of three years. All certified backflow prevention assembly testers must obtain and employ backflow prevention assembly test equipment that has been evaluated and/or approved by the Department. All test equipment shall be registered with Brunswick County Water Department. All test equipment shall be checked for accuracy annually, at a minimum, calibrated, if necessary, and certified to the Department as to the calibration, employing an accuracy/calibration method acceptable to the Department.
(9) All certified backflow prevention assembly testers must become recertified every two years through an approved backflow prevention certification program.
(Res. passed 11-20-03) Penalty, see § 50.99