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§ 51.065 PURPOSE AND SCOPE.
   The purpose of this subchapter is to protect the public health of water consumers of the city by the control of actual and/or potential cross-connections and to act in accordance with DEQ rules and regulations.
(Ord. 2018-02, passed 8-29-2018)
§ 51.066 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BACKFLOW. The flow, other than the intended direction of flow, of any foreign liquids, gases, or substances into the distribution system of the city water supply. This includes back-pressure backflow and back-siphonage backflow.
   BACKFLOW PREVENTION DEVICE. A device to counteract back pressure or prevent back-siphonage.
   CITY. The City of Dietrich, Idaho and its designated representatives.
   CONTAMINATION. The entry into or presence in a city water supply of any substance which may be deleterious to health and/or quality of the water.
   CROSS-CONNECTION. Any physical arrangement whereby the city water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage, or other waste or liquids of unknown or unsafe quality which may be capable of imparting contamination to the city water supply as a result of backflow.
(Ord. 2018-02, passed 8-29-2018)
§ 51.067 CROSS-CONNECTIONS.
   No water service connection to any premises shall be installed or continued in the city unless the water supply is protected by backflow prevention assemblies as required by this subchapter, the state’s code, and all standards, rules, regulations of the state, the state’s Department of Environmental Quality, and any other federal, state, county, or city authority thereof. The installation or maintenance of a cross-connection which will endanger the water quality of the potable water supply of the city shall be unlawful and is prohibited. Any such cross-connection now existing or hereafter installed is hereby declared to be a public nuisance and the same shall be abated. The control or elimination of cross-connections shall be in accordance with this subchapter, the state’s code, and all standards, rules, and regulations of the state, the state’s Department of Environmental Quality, and any other federal, state, county, or city authority or agency thereof, together with the latest addition of appropriate manuals of standard practice pertaining to cross-connection control enacted by the city and any applicable county, state, and federal authorities and agencies. The city shall have the authority to establish requirements more stringent than state regulations if it deems that the conditions so dictate.
(Ord. 2018-02, passed 8-29-2018) Penalty, see § 51.999
§ 51.068 USE OF BACKFLOW PREVENTION DEVICES AND/OR ASSEMBLIES.
   (A)   Backflow prevention assemblies shall be installed in connection with water service connections or within any premises where, in the judgment of the city, the nature and extent of the activities, or the materials stored on the premises, would present an immediate and dangerous hazard to health and/or be deleterious to the quality of water should a cross-connection occur; even though such cross-connection does not exist at the time the backflow prevention assemblies shall be installed under circumstances including, but not limited to, the following:
      (1)   On premises having an auxiliary water supply, a cross-connection is the physical connection between the public water system and anything else. An auxiliary water supply that is not part of the drinking water system is a cross-connection and shall not be allowed without properly protecting the public water system;
      (2)   Premises having internal cross-connections that are not correctable, or intricate plumbing arrangements which make it impractical to ascertain whether or not cross-connections exist;
      (3)   Premises where entry is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to ensure the cross-connections do not exist;
      (4)   Premises having a repeated history of cross-connections being established or re-established;
      (5)   Premises on which any substance is handled under pressure so as to permit entry into the city water supply, or where a cross-connection could reasonably be expected to occur. This shall include the handling of process waters and cooling waters;
      (6)   Premises where materials of a toxic or hazardous nature are handled in such a way that if back-siphonage should occur, a serious health hazard might result; and
      (7)   The following types of facilities will fall into one of the above categories where a backflow prevention assembly is required to protect the city water supply. A backflow prevention assembly shall be installed at these facilities unless the city and applicable state, county, and federal authorities and agencies determine that no hazard exists:
         (a)   Hospitals, mortuaries, clinics;
         (b)   Laboratories, including school laboratories;
         (c)   Metal plating industries;
         (d)   Sewage treatment plants;
         (e)   Food or beverage processing plants;
         (f)   Chemical plants using a water process;
         (g)   Petroleum processing or storage plants;
         (h)   Car washes;
         (i)   Dry cleaners; or
         (j)   Other premises as specified by the city, where backflow prevention assemblies are required to protect the city water supply.
   (B)   The type of protective device(s) and/or assemblies required shall depend on the degree of hazard which exists.
      (1)   An air-gap separation or a reduced pressure principle backflow prevention assembly shall be installed where the city water supply may be contaminated with sewage, industrial waste of a toxic nature, or other contaminates which could cause a health or system hazard.
      (2)   In the case of a substance which may be objectionable but not hazardous to health, a double check valve assembly, air prevention device shall be installed.
   (C)   Backflow prevention assemblies required by this subchapter shall be installed at the meter, at the property line of the premises when meters are not used, or at a location designated by the city. The assembly shall be located so as to be readily accessible for maintenance and testing and, furthermore, where no part of the assembly will be submerged.
   (D)   Backflow prevention assemblies required by this subchapter shall be installed under the supervision of, and with the approval of, the city.
   (E)   Any protective device required by this subchapter shall be approved by the city, applicable state, county, and federal authorities and comply with the University of Southern California Foundation for Cross-Connections Control and Hydraulic Research standards. These assemblies shall be furnished and installed by and at the expense of the landowner.
   (F)   Backflow prevention device assemblies installed pursuant to this code shall be inspected and tested annually, or more often if necessary. Inspections, tests, and maintenance shall be at the landowner’s expense, and by an IBOL licensed tester retained and paid for by the landowner. Whenever the assemblies are found to be defective, they shall be repaired, overhauled, or replaced at the landowner’s expense. Assemblies that cannot pass annual inspections or are defective shall be repaired, replaced, or isolated within ten business days of the testing results. Inspections, tests, repairs, and records thereof shall be accomplished in accordance with all standards, rules, and regulations of this code of ordinances, the state’s code, the state’s Department of Environmental Quality, and any other federal, state, county or city authority and comply with the University of Southern California Foundation for Cross-Connections Control and Hydraulic Research standards and paid by the landowner.
   (G)   No underground sprinkling device will be installed without adequate backflow prevention assemblies at the point from which the water for irrigation is taken from the city water supply.
   (H)   Failure of the landowner to cooperate in the installation, maintenance, testing, or inspection of backflow prevention assemblies required by this subchapter, the state’s code, and all standards, rules, and regulations of the state, the state’s Department of Environmental Quality, and any other federal, state, county, or city authority or agency thereof shall be grounds for the termination of water service to the premises.
   (I)   In the event that documentation of tests and repairs are not received by June 15 of the year when required, the city, at the property owner’s expense, may hire a state licensed backflow prevention tester to test the backflow assemblies and add the cost of the tests, plus a handling fee of $10 to the property owner’s utility bill.
(Ord. 2018-02, passed 8-29-2018) Penalty, see § 51.999
§ 51.069 CROSS-CONNECTION INSPECTION.
   (A)   No water shall be delivered to any structure hereafter built within the city or within areas served by city water until the same shall have been inspected by the city for possible cross-connections and have been approved as being free of the same.
   (B)   Any construction for industrial or other purposes which is classified as hazardous facilities pursuant to § 51.068(A)(7) of this code of ordinances, where it is reasonable to anticipate cross-connections, or as determined by the city, shall be protected by the installation of one or more backflow prevention assemblies at the point of service from the city water supply or any other location designated by the city, and applicable county, state, and federal authorities and agencies.
   (C)   Inspections may be made periodically of all buildings, structures, or improvements of any nature now receiving water through the city’s system, for the purpose of ascertaining whether cross-connections exist. Such inspections shall be made by the city or applicable county, state, and federal authorities and agencies as required by IDAPA 58.01.08.552.06.3.
(Ord. 2018-02, passed 8-29-2018) Penalty, see § 51.999
§ 51.070 CROSS-CONNECTION INSTALLATION PERMITS.
   (A)   If cross-connection control assemblies are found to be necessary, the owner of the property served must apply to the city for a specific installation permit. Private system users are to utilize cross-connection standards pursuant to UPC.
   (B)   The city shall be responsible for correcting non-service type cross-connections and the city is responsible for installing suitable assemblies on non-service type cross-connections that must be tested initially and annually by a state-certified tester. Installation, modification, and amendments to the public system must be done in accordance to IDAPA 58.01.08.
   (C)   All installations, modifications, and amendments to any water service line shall be performed in accordance with the Uniform Plumbing Code, as amended or adopted by the state.
(Ord. 2018-02, passed 8-29-2018)
§ 51.071 ADDITIONAL REMEDIES.
   In the event an improper cross-connection is not corrected with the time limits set by the city or in the event the city is refused access to any property for the purpose of determining whether or not cross-connections exist, the city shall cease delivery of water to the property until the deficiency is corrected to the city’s satisfaction. In addition, the city, without waiving any terms of this subchapter may, but shall not be required to, effect the necessary repairs or installations at the expense of the property owner and refuse delivery of water to the property until the cost thereof shall have been paid. Violations of this subchapter are hereby declared to be a nuisance, and the city, after notice to the customer or property owner to remove or correct the violation, may prevent, remove, and abate the same at the expense of the party creating or maintaining the same, in which event the city may levy a special assessment as provided in the Idaho Code § 50-1008 on the land or premises whereon the nuisance is situated to defray the cost or to reimburse the city for the cost of abating the same.
(Ord. 2018-02, passed 8-29-2018) Penalty, see § 51.999
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