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The Chief Executive Officer may require any user to submit a cross connection control management plan. The management plan shall be approved by the Chief Executive Officer and must include, but shall not be limited to, information on all backflow prevention assemblies or backflow prevention methods, testing frequencies and a hazard assessment and identification. (Ord. 09-43; Ord. 17-42; Ord. 18-42)
Any user at any premises where a backflow prevention assembly or backflow prevention method is required by this part shall have operational tests made at the user's expense upon installation, repair or replacement, and at least annually after installation, repair or replacement. Any backflow prevention assembly or backflow prevention method that is non-testable shall be inspected at least once annually. Tests and inspections shall be performed, at the user's expense, by a certified backflow prevention assembly tester. The tests and inspections shall be conducted on the following schedule and shall be performed in accordance with the procedures identified in the service standards and specifications.
A. Where the backflow prevention assembly protects the water system from cross connections associated with irrigation systems, including where a single water service line provides both irrigation and non-irrigation water, the annual test shall be completed by July 1 of each year. As an alternative to annual testing, where the irrigation system has a dedicated water service tap, the customer may choose not to recharge their dedicated irrigation system and shall voluntarily discontinue service to the tap until such time as the customer has made arrangements with Utilities for reinstatement of service. The customer shall have a certified backflow prevention assembly tester on site at the time of reinstatement of water service to the dedicated irrigation water service tap to perform the required annual test. If the customer does not have a certified backflow assembly tester on site at the time of reinstatement of service, Utilities will not reinstate water service and may charge a return trip fee for each return trip to effect the reinstatement of service in accordance with Utilities Rules and Regulations.
B. Where the backflow prevention assembly does not protect the water system from cross connections associated with irrigation systems, the annual test shall be completed by October 1 of each year.
C. Where the backflow prevention assembly or backflow prevention method is non-testable, it shall be inspected by Utilities at least once annually no later than October 1 of each year.
D. In those instances where the Chief Executive Officer deems that a cross connection constitutes a high hazard, tests and inspections may be required at more frequent intervals. (Ord. 09-43; Ord. 17-42; Ord. 18-42; Ord. 20-94)
A. All backflow prevention assemblies or backflow prevention methods required by this part shall be installed, maintained, repaired and replaced at the user's expense in accord with the service standards and specifications.
B. All required backflow prevention assemblies or backflow prevention methods shall be repaired or replaced whenever the assembly or method is found to be defective. Any repair or replacement shall be made within sixty (60) days of discovery that repair or replacement is necessary, unless an extension of that deadline is approved by the Chief Executive Officer prior to expiration of such sixty (60) day period.
C. Whenever a cross connection that does not have an approved backflow prevention assembly or approved backflow prevention method required by this part to protect the water supply system is discovered, the user shall have an approved backflow prevention assembly or approved backflow prevention method installed on the water service line for the premises or other location required by this part within sixty (60) days of discovery, unless an extension of that deadline is approved by the Chief Executive Officer prior to expiration of such sixty (60) day period. (Ord. 09-43; Ord. 17-42; Ord. 18-42; Ord. 20-94)
Records of all tests, installations, inspections, repairs, and replacements of backflow prevention assemblies or backflow prevention methods shall be kept by the user, the certified backflow prevention assembly tester and the Chief Executive Officer for a period of three (3) years after the tests, inspections, repairs and replacements. The user or certified backflow prevention assembly tester shall submit to the Chief Executive Officer a copy of all records of the tests, inspections, repairs and replacements within five (5) days of completing the tests, inspections, repairs and replacements on forms approved by the Chief Executive Officer. If requested by the Chief Executive Officer, the user or certified backflow prevention assembly tester shall immediately provide copies of such tests, inspections, repairs and replacements. (Ord. 09-43; Ord. 17-42; Ord. 18-42)
The Chief Executive Officer may conduct surveys of water supply system users to identify cross connections. Surveys may consist of written instruments, verbal interviews or physical inspections. Water supply system users shall complete the survey and otherwise cooperate in the identification of cross connections according to the terms and conditions prescribed by the Chief Executive Officer. Whenever a user fails to complete a survey in accord with this section, the water supply system shall be protected by installation of the most protective approved backflow prevention assembly or approved backflow prevention method provided for in the service standards and specifications. The user shall have such an approved backflow prevention assembly or approved backflow prevention method installed on each affected water service line for the premises or other location required by this part within sixty (60) days of the date the user failed to complete a survey, unless an extension of that deadline is approved by the Chief Executive Officer prior to expiration of such sixty (60) day period. (Ord. 09-43; Ord. 17-42; Ord. 18-42)
It is the purpose of this section to provide additional and cumulative remedies for any violation of this part. The Chief Executive Officer may use the following remedies either individually, sequentially or in any order:
B. Any person who has violated or is violating this part may be subject to the penalties provided in subsection 12.1.115B of this chapter.
C. In accord with subsection 12.1.115C of this chapter, the Chief Executive Officer may issue an imminent hazard order. An imminent hazard order may prescribe administrative fines and extra cost charges. Failure to comply with an imminent hazard order may be deemed an emergency circumstance under section 12.1.117 of this chapter.
D. The Chief Executive Officer may order the emergency suspension of any user's water service under section 12.1.117 of this chapter when suspension is necessary, in the opinion of the Chief Executive Officer, to protect any person or the water supply system. The time at which the water service will be terminated must be specified. An emergency suspension order may prescribe administrative fines and extra cost charges. Water service may be suspended under this section if:
1. Cross connections that are not protected as required by this part exist on the user's premises;
2. A defect is found in an installed backflow prevention assembly or backflow prevention method; or
3. A backflow prevention assembly or backflow prevention method has been removed or bypassed.
E. The Chief Executive Officer may assess a charge to recover extra costs incurred by Utilities for monitoring, investigation, and/or any quantifiable damages to the water supply system attributable to any person who is found to have violated this part. These extra cost charges may be assessed under subsection 12.1.115C of this chapter or as part of an emergency suspension order.
F. Any user who is found to have violated any provision of this part or orders issued hereunder may be assessed an amount not to exceed one thousand dollars ($1,000.00) per violation per day, not as a criminal penalty and only as an administrative measure (civil penalty); administrative fines encourage compliance and offset unquantifiable damage to the public water supply from noncompliance. Each day on which noncompliance shall occur or continue may be deemed a separate and distinct violation. Administrative fines may be assessed under subsection 12.1.115C of this chapter or as part of an emergency suspension order. (Ord. 09-43; Ord. 17-42; Ord. 18-42)
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