(a) This subchapter shall be enforced by the Director of Public Works or his or her designee.
(b) The city shall inspect and initially test, or cause to be tested, all backflow prevention assemblies installed pursuant to the requirements of this article. For new facilities, permanent water service shall not be provided until all backflow prevention assemblies have been tested and are operational. Except in cases where the testing of backflow prevention assemblies must be delayed until the installation of internal production or auxiliary equipment, the regulatory authority shall not approve a certificate of occupancy until all backflow prevention assemblies have been tested and are operational. The city shall not be liable for damage caused to any backflow prevention assembly as a result of the inspection or testing.
(c) Violations.
(1) A person commits an offense if there is failure to maintain backflow prevention assemblies in compliance with this subchapter.
(2) A person commits an offense if there is failure to comply with a repair order issued by the city.
(3) A person commits an offense if backflow from premises owned, operated, or managed by the person enters the public water supply system.
(4) A person commits an offense if there is a failure to pay any fees required by this subchapter.
(5) A person commits an offense by violating any section of this subchapter.
(6) A person commits an offense if discontinued or disconnected water service to premises under this section is reinstated except as directed by the city.
(7) A person in charge of any facility commits an offense by allowing an unregistered tester to perform testing work at their establishment.
(8) A person commits an offense by testing backflow prevention assembly within the city without being registered with the city.
(9) A person commits an offense by testing backflow prevention assembly within the city without being certified by TCEQ.
(d) Penalty.
(1) A person who violates any provision of this subchapter is guilty of a misdemeanor and upon conviction is punishable as set forth in this section by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each act of violation and for each day or part of a day during which the violation is committed, continued, or permitted.
(2) In addition to proceeding under the authority of this subchapter, the city is entitled to pursue all other criminal and civil remedies to which is entitled under authority of statutes or other ordinances against a person under authority of statutes or other ordinances against a person committing any violation of this Subchapter including injunction and civil penalties.
(e) A certified testers' registration may be reviewed and revoked by the city if it is determined that the tester:
(1) Has falsely, incompletely, or inaccurately reported assembly reports;
(2) Has used inaccurate gauges;
(3) Has used improper testing procedures; or
(4) Has created a threat to public health or environment.
(Ord. 7-15-03-1, passed 7-15-03)