(a) The City hereby adopts by reference the Water Supply Cross Connection Rules of the Michigan Department of Environmental Quality, being R325.11401 through R325.11407 of the Michigan Administrative Code as it presently exists.
(b) The City or authorized representative shall cause inspections to be made of all properties served by the public water supply where cross connection with the public water supply is deemed possible for the purpose of enforcing this section. The frequency of inspections and re-inspections based on potential health hazards involved shall be as established by the City and as approved by the Michigan Department of Environmental Quality.
(c) All testable backflow prevention devices shall be tested, at owner's expense, upon installation to be sure that the device is working properly. Subsequent inspection, testing and/or repair of devices shall be conducted, at owner's expense, on an annual basis or as required by the City and in accordance with the Michigan Department of Environmental Quality requirements. Only individuals that are approved and State of Michigan certified shall be qualified to perform such testing. Individual(s) shall certify the results of his or her testing and forward said results to the City.
(d) On request, the owner, lessee or occupant of any property served by the public water system of the City shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. The refusal of such information or refusal to access, when requested, shall be prima-facie evidence of the presence of a cross connection.
(e) Upon refusal of access or the unavailability of the owner, lessee or occupant, the City, or authorized representative, may obtain a search warrant through the City Attorney to enter any property served by a connection to the public water system of the City for the purpose of inspecting the piping systems thereof for cross connections. However, a warrant need not be obtained in cases where there is imminent danger of contamination to the public water system.
(f) The City is hereby authorized and directed to discontinue water service, after reasonable notice, to any property wherein any connection in violation of this section exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water supply system. However, said notice shall inform the owner, lessee or occupant of the property of his or her right, if he or she so elects in writing within five days from receipt of said notice, to a hearing at the next regularly scheduled City Council meeting to determine whether or not his or her water service should be terminated. Further, water service may be terminated without notice and/or hearing in cases where there is imminent danger to the public water system. Water service to such property shall not be restored until the cross connection has been eliminated in compliance with the provisions of this section.
(g) The potable water supply made available on the properties served by the public water supply shall be protected from possible contamination as specified by this section and by the State of Michigan Plumbing Code. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled in a conspicuous manner as: "Water Unsafe for Drinking."
(h) This section does not supersede the State of Michigan Plumbing Code or any City ordinance, but is supplementary to them.
(i) No person shall violate any of the provisions of this section, or any written order of the City in pursuance thereof.
(j) Any person found guilty of violating any of the provision of this section or any written order of the City, in pursuance thereof shall be punished as a civil infraction by a fine of not less than five hundred dollars ($500.00) nor more than one thousand five hundred dollars ($1,500) for each violation. Each day upon which a violation of the provisions of this act shall occur shall be deemed a separate and additional violation for the purpose of this section.
(Ord. 2005-2. Passed 3-21-05.)