12.4.1211: RECORDKEEPING:

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)

12.4.1212: CROSS CONNECTION SURVEY:

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)

12.4.1213: ENFORCEMENT; REMEDIES:

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:

   A.   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 12.1.117 of this chapter.

   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)

12.4.1214: RIGHTS OF APPEAL:

   A.   Administrative Review: Any person aggrieved by an imminent hazard order of the Chief Executive Officer may appeal the 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.

   B.   Judicial Review:

      1.   Imminent Hazard 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 written request for a hearing, the alleged violator is deemed to have failed to exhaust administrative remedies and may not appeal the notice or order to District Court.

      2.   Emergency Suspension Order: An emergency suspension order shall constitute final agency action for all purposes under this part and applicable State Statutes and rules and regulations. (Ord. 09-43; Ord. 17-42; Ord. 18-42)

PART 13 WATER SHORTAGE

SECTION:

12.4.1301: Legislative Findings

12.4.1302: Purpose And Intent

12.4.1303: Definitions

12.4.1304: Waste Of Water Prohibited

12.4.1305: Authorization

12.4.1306: Stage I Shortage (Watch)

12.4.1307: Stage II Shortage (Warning)

12.4.1308: Stage III Shortage (Severe)

12.4.1309: Stage IV Shortage (Critical)

12.4.1310: Duration Of Water Use Restrictions

12.4.1311: Exceptions

12.4.1312: Special Contract Service

12.4.1313: Access To Premises

12.4.1314: Liability

12.4.1315: Violations And Charges

12.4.1316: Dispute Resolution

12.4.1301: LEGISLATIVE FINDINGS:

The City Council does hereby find, determine and declare as follows:

   A.   Utilities' water supply system has been built over a period of one hundred thirty (130) years, with new increments of supply being added as water demand has grown;

   B.   Utilities has systematically obtained and developed water rights to supply the community with water for its future needs;

   C.   Utilities has developed extensive storage, pumping and pipeline systems to convey water from remote areas to the community;

   D.   The City of Colorado Springs is located in a high desert, semiarid climate where drought conditions periodically occur and where practices to conserve water are necessary at all times and particularly during a drought event;

   E.   Abnormally high demand, together with drought conditions and/or system constraints, may reduce the water available to Utilities' water supply system to the point of creating a water shortage;

   F.   Utilities has proactively developed a drought response plan that is a tiered contingency plan to provide for a systematic response by restricting customer water use and moderating water waste to meet the essential needs of the community; and

   G.   It is necessary to provide Utilities with flexibility to implement measures to restrict water use as deemed appropriate to conserve the water supply of the City of Colorado Springs to protect the health, safety and general welfare of the citizens during periods of potential or observed water shortage. (Ord. 02-59; Ord. 03-41; Ord. 13-10; Ord. 19-99)

12.4.1302: PURPOSE AND INTENT:

It is the purpose and intent of this part to proactively establish procedures for systematically managing water demand through continuous water use efficiency measures and measures designed to temporarily limit water use in response to a system constraint or drought related shortage. The procedures listed in this part are not intended for use as a substitute for developing water supply projects. This part shall be liberally construed to effectuate this purpose and intent. Nothing in this part may be construed to prohibit any person having a direct legal right or owning an appropriated water right from using water in accord with the express terms and conditions of any permit to use or appropriate water issued under authority of the State Engineer or pursuant to any lawful court order or decree. Nothing in this part shall be construed to supersede the tariffs of Utilities. (Ord. 02-59; Ord. 03-41; Ord. 13-10; Ord. 19-99)