12.4.1108: ADMISSION TO PROPERTY:

   A.   Whenever it shall be necessary for the purposes of this part, the Chief Executive Officer upon the presentation of proper credentials, may enter upon the property or premises of any reclaimed water user or suspected user of reclaimed water at reasonable times for the purposes of:

      1.   Inspecting on a regular basis or for cause to assure compliance with the requirements of this part, State law, and the Colorado Reclaimed Water Control Regulation, any notice of authorization, and the user plan to comply.

      2.   Copying any records required to be kept under the provisions of this part, the Colorado Reclaimed Water Control Regulation or of the notice of authorization.

      3.   Inspecting any monitoring equipment, Best Management Practices or other measures to assure compliance with the provisions in the user plan to comply or requirements of the notice of authorization.

   B.   Any inspection shall be completed with reasonable promptness. The occupant of such property or premises shall render all proper assistance in such activities.

   C.   If entry or inspection to any property is denied or not promptly consented to for the purposes described in subsection A of this section, the Chief Executive Officer is empowered to obtain, from Municipal, County or State District Court with jurisdiction, a warrant to enter and inspect any such property, premises or place. (Ord. 00-205; Ord. 01-42; Ord. 07-60; Ord. 18-42)

12.4.1109: NONCOMPLIANCE WITH NOTICE OF AUTHORIZATION AND THIS PART:

   A.   Chief Executive Officer Compliance Oversight: The Colorado Reclaimed Water Control Regulation requires the treater to conduct inspections of a representative number and type of reclaimed water user sites to determine reclaimed water user compliance with the user plan to comply, notice of authorization, and the Colorado Reclaimed Water Control Regulations. If the treater is aware of a violation by a reclaimed water user and does not report it as required by the Colorado Reclaimed Water Control Regulations, the treater may be subject to an enforcement action for failure to report the violation.

   B.   Noncompliance Correction: The Colorado Reclaimed Water Control Regulation provides where the treater finds violations by a reclaimed water user, up to sixty (60) days may be used by the treater to work with the reclaimed water user to resolve the violation. If the violation is resolved, no separate notice to the Colorado WQCD is required. The violation is to be reported in the treater's annual report to the Colorado WQCD. If the violation is continuing after a total of sixty (60) days from the time the treater became aware of the violation, the treater shall report the violation to the Colorado WQCD within five (5) working days.

   C.   Noncompliance Enforcement: It is the purpose of this section to provide additional and cumulative remedies. The Chief Executive Officer may use the following remedies individually, sequentially or in any order:

      1.   Authority To Take Action: Whenever the Chief Executive Officer finds that any user has violated or is violating this part, the Chief Executive Officer may take any action authorized by sections 12.1.115 and/or 12.1.117 of this chapter.

      2.   Service Discontinuance: The Utilities may discontinue reclaimed water service for reasons provided in the Colorado Springs Utilities tariffs, rules and regulations, section 13, including, but not limited to, violations of this Code or the nonpotable water line extension and service standards, unsafe conditions, and denying right of access. Procedures for discontinuance of service are as provided in the Colorado Springs Utilities tariffs.

   D.   Judicial Review: Any person aggrieved by the imminent hazard order of the Chief Executive Officer may appeal said order to the Hearing Officer in accord with subsection 12.1.115C of this chapter. If a timely request for hearing is made, the decision of the Hearing Officer shall be a final order. Any party adversely affected by the decision of a Hearing Officer may appeal it to the District Court in and for the County of El Paso pursuant to rule 106(a)(4) of the Colorado Rules of Civil Procedure. If the alleged violator fails to submit a timely request for a hearing, the alleged violator has failed to exhaust administrative remedies and may not appeal the notice or order to District Court. (Ord. 00-205; Ord. 01-42; Ord. 07-60; Ord. 18-42)

PART 12 CROSS CONNECTION CONTROL 1

SECTION:

12.4.1201: Scope And Applicability

12.4.1202: Definitions

12.4.1203: Unlawful Acts

12.4.1204: Plan Approval

12.4.1205: Inspection

12.4.1206: Admission To Property

12.4.1207: Requirements

12.4.1208: Management Plan

12.4.1209: Testing

12.4.1210: Installation, Repair And Replacement Of Backflow Prevention Assemblies And Methods

12.4.1211: Recordkeeping

12.4.1212: Cross Connection Survey

12.4.1213: Enforcement; Remedies

12.4.1214: Rights Of Appeal

 

Notes

1	1. Prior ordinance history: Ord. 01-41; Ord. 01-42; Ord. 05-135.

12.4.1201: SCOPE AND APPLICABILITY:

   A.   This part sets forth uniform requirements for protecting the water supply system from backflow and enables Utilities to comply with all State and Federal laws and regulations required by the Federal Safe Drinking Water Act (42 USCA sections 300f through 300j-26, Public Law 93-523), including but not limited to the Colorado Primary Drinking Water Regulations (5 CCR 1002-11).

   B.   Utilities shall be the authority having jurisdiction over any user who has a cross connection to the water supply system.

   C.   Utilities is not responsible for controlling cross connections within public or private water systems that are not owned by Utilities or within a user's potable water system, except to the extent necessary to protect the water supply system.

   D.   In accord with section 7.5.1401 of this Code, where in any specific case different requirements are specified by the Regional Building Code, the more restrictive shall govern.

   E.   In the case of a conflict between this part and the service standards and specifications, this part shall govern. (Ord. 09-43; Ord. 17-42; Ord. 23-17)

12.4.1202: DEFINITIONS 1 :

Unless the context specifically indicates otherwise, the following terms, as used in this part, shall have the meanings designated:

APPROVED BACKFLOW PREVENTION ASSEMBLY: A backflow prevention assembly accepted and approved by the Chief Executive Officer, as defined in the service standards and specifications, as suitable for protection against cross connections.

APPROVED BACKFLOW PREVENTION METHOD: A backflow prevention method accepted and approved by the Chief Executive Officer, as defined in the service standards and specifications, as suitable for protection against cross connections.

AUXILIARY WATER SUPPLY: Any water supply on or available to a customer's or user's premises other than the water supply system.

BACKFLOW: The reverse flow of water, fluids or gases into the distribution main, the water supply system or any service line caused by backpressure or backsiphonage.

BACKFLOW PREVENTION ASSEMBLY: Any mechanical assembly installed at a water service line or at a plumbing fixture to prevent a backflow contamination event, provided that the mechanical assembly is appropriate for the degree of hazard at the premises served and is an in-line field testable assembly.

BACKFLOW PREVENTION METHOD: Any method and/or non-testable device installed at a water service line or at a plumbing fixture to prevent a backflow contamination event, provided that the method or non-testable device is appropriate for the degree of hazard at the premises served.

CERTIFIED BACKFLOW PREVENTION ASSEMBLY TESTER: A person who possesses a valid backflow prevention assembly tester certification from one of the following approved organizations: American Society of Sanitary Engineering (ASSE) or the American Backflow Prevention Association (ABPA).

COLORADO PRIMARY DRINKING WATER REGULATIONS: Any regulations promulgated by the State of Colorado or any State agency to assure the safety of public drinking water supplies, and to enable the State of Colorado to assume responsibility for enforcing the standards established by the Federal Safe Drinking Water Act, as amended.

CROSS CONNECTION: Any connection to the water supply system where a degree of hazard is present at the premises served, which connection could allow any water, fluid, or gas to flow from any pipe, plumbing fixture or a user's water system into the water supply system through backflow.

DEGREE OF HAZARD: The classification of a cross connection based on the potential that a backflow event would pose an unacceptable health and/or safety risk to the public. The Chief Executive Officer shall have sole discretion to classify cross connections into one of the following hazard levels in the service standards and specifications:

   A.   High Hazard: A determination by the Chief Executive Officer that a backflow event would result in an unacceptable health and/or safety risk to the public.

   B.   Low Hazard: A determination by the Chief Executive Officer that a backflow event may result in an unacceptable health and/or safety risk to the public.

SERVICE STANDARDS AND SPECIFICATIONS: The most current edition of the Colorado Springs Utilities Line Extension and Service Standards.

USER'S POTABLE WATER SYSTEM: Any water supply located on the user's premises whether supplied by the water supply system or an auxiliary water supply. (Ord. 09-43; Ord. 17-42; Ord. 18-42)

 

Notes

1	2. For definitions of general application, see section 1.1.106 of this Code. For other definitions generally applicable to this chapter, see section 12.1.101 of this chapter. For definitions specific to the water supply system, see section 12.4.201 of this article.

12.4.1203: UNLAWFUL ACTS:

   A.   It shall be unlawful for any person to pollute or contaminate any service line or the water supply system with any water or other liquids, fluids, mixtures, gases or any other substance not meeting the Colorado Primary Drinking Water Regulations.

   B.   It shall be unlawful for any person to make, install, maintain or permit to exist any cross connection unless it is protected by an approved backflow prevention assembly or approved backflow prevention method as required by this part. (Ord. 09-43; Ord. 17-42)

12.4.1204: PLAN APPROVAL:

The user shall submit all drawings, plans, specifications and other documents required by chapter 7 of this Code or part 3 of this article to the Chief Executive Officer for approval prior to connecting a service line to a premises that has a potential to create a cross connection or making modifications to the water service line, internal plumbing or external plumbing of any premises, which modifications have the potential to create a cross connection. Information submitted must include, but may not be limited to, the following:

   A.   Water service type, size, location and related appurtenances;

   B.   Meter type, size and location;

   C.   Backflow prevention assembly or backflow prevention method type, size and location; and

   D.   Fire sprinkler system(s) service line, type, size and location of backflow prevention assembly or backflow prevention method. (Ord. 09-43; Ord. 17-42; Ord. 18-42)

12.4.1205: INSPECTION:

All backflow prevention assembly or backflow prevention method installations shall be inspected for compliance with this part prior to the furnishing of water service to the premises. The City and Utilities shall not be subjected to any liability for any deficiency or defect associated with the installation, maintenance and operation of a backflow prevention assembly or backflow prevention method, nor shall such owner, developer, customer or user of the premises be absolved from either any liability for a deficiency or defect or any responsibility to correct the deficiency or defect. (Ord. 09-43; Ord. 17-42)

12.4.1206: ADMISSION TO PROPERTY:

Whenever necessary for the purposes of this part, the Chief Executive Officer has the power, upon the presentation of proper credentials, to enter and inspect at any reasonable time and in any reasonable manner any property, premises or place for the purpose of investigating any actual, suspected or potential cross connection, or ascertaining noncompliance with this part, or assuring proper installation, maintenance and operation of any backflow prevention assembly or backflow prevention method. Any entry shall be at reasonable times unless an emergency situation exists. The occupant or owner of the property or premises shall render all proper assistance in entry and inspection activities. If entry or inspection to any property is denied or not promptly consented to, or at any other time to investigate sources of contamination impacting the water supply system, the Chief Executive Officer is empowered to obtain, from Municipal, County or State District Court with jurisdiction, a warrant to enter and inspect any property, premises or place. (Ord. 09-43; Ord. 17-42; Ord. 18-42)