(a) Authority. By authority under the Federal Safe Drinking Water Act of 1974, and the Code of the State of West Virginia, Chapter 16, Article 1 et. seq. and the Public Health Laws of the State of West Virginia Department of Health and Human Resources pursuant to enforcement by the Bureau for Public Health and Office of Environmental Health Services, the City of Keyser has a primary responsibility for preventing water from unapproved sources, or any other substances, from entering the public potable water system.
(b) Responsibility. The City of Keyser shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the back-flow or back-siphonage of contaminants or pollutants through commercial and industrial water service connections. If, in the judgment of the City of Keyser, an approved back-flow device is required at the water service connection to any customer's commercial or industrial premises, the City of Keyser, the Keyser Board, or it's delegated agents, employees or assigns shall give notice in writing to said customer to install an approved back-flow prevention device at each service connection to its premises. The customer shall within ninety days install such an approved device or devices, as its own expense, and failure or refusal, or inability on the part of the customer to install said device or devices within ninety (90) days shall constitute a ground for discontinuing water service to the premises until such device or devices have been properly installed.
(c) Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows:
(1) "Auxiliary Water Supply" shall mean any water supply on or available to the premises other than the City of Keyser's approved public potable water supply.
(2) "Auxiliary Water Supply" shall mean any water supply on or available to the premises other than the City of Keyser's approved public potable water supply.
(3) "Backflow" shall mean the flow of water other liquids, mixtures or substances, under positive or reduced pressure in the distribution pipes of a potable water supply from any source other than its intended source.
(4) "Backflow Preventer" shall mean a device or means designed to prevent backflow or back siphonage. Most commonly categorized as air gap, reduced pressure principle devices, double check valve assembly, pressure vacuum breaker, atmospheric vacuum breaker, hose bibb vacuum breaker, residential dual check, double check with intermediate atmospheric vent and barometric loop.
(5) "Air Gap" shall mean a physical separation sufficient to prevent backflow between the free-flowing discharge end of the potable water system and any other system. Physically defined as a distance equal to twice the diameter of the supply side pipe diameter but never less than one (1) inch.
(6) "Atmospheric Vacuum Breaker" shall mean a device which prevents back-siphonage by creating an atmospheric vent when there is either a negative pressure or sub atmospheric pressure in a water system.
(7) "Barometric Loop" shall mean a fabricated piping arrangement rising at least thirty-five (35) feet at its topmost point above the highest fixture it supplies. It is utilized in water supply systems to protect against back-siphonage.
(8) "Double Check Valve Assembly" shall mean an assembly of two (2) independently operating spring loaded check valves with tightly closing Shutoff valves on each side of the check valves, and properly located test cocks for the testing of each check valve.
(9) "Double Check Valve with Intermediate Atmospheric Vent" shall mean a device having two (2) spring loaded check valves separated by an atmospheric vent chamber.
(10) "Hose Bibb Vacuum Breaker" shall mean a device which is permanently attached to a hose bibb and which acts as an atmospheric vacuum breaker.
(11) “Pressure Vacuum Breaker" shall mean a device containing one or two independently operated spring loaded check valves and an independently operated spring loaded air inlet valve located on the discharge side of the check or checks. The device includes tightly closing shut-off valves on each side of the check valves and properly located test cocks for the testing of the check valve(s).
(12) "Reduced Pressure Principle Backflow Preventer" shall mean an assembly consisting of two (2) independently operating approved check valves with an automatically operating differential relief valve located between the two (2) check valves, tightly closing shut-off valves on each side of the check valves plus properly located test cocks for the testing of the check valves and the relief valve.
(13) "Residential Dual Check" shall mean an assembly of two (2) spring-loaded, independently operating check valves without tightly closing shut-off valves and test cocks. Generally employed immediately downstream of the water meter to act as a containment device.
(14) "Backpressure" shall mean a condition in which the owner's system pressure is greater than the supplier's system pressure.
(15) "Back-Siphonage" shall mean the flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.
(16) “Containment" shall mean a method of backflow prevention which requires a backflow prevention device at the water service entrance.
(17) "Contaminant" shall mean a substance that will impair the quality of the water to a degree that it creates a serious health hazard to the public leading to poisoning or the spread of disease.
(18) "Cross-connection" shall mean any actual or potential connection between the public water supply and a source of contamination or pollution.
(19) "Fixture Isolation" shall mean a method of backflow prevention in which a backflow preventer is located to correct a cross connection at an in-plant location rather than at a water services entrance.
(20) "Owner" shall mean any commercial or industrial facility whether owned or operated by any individual, partnership, company, public or private corporation, political subdivision or agency or department of the State of West Virginia, the United States or any other legal entity which has legal title to or license to operate upon property upon which a cross-connection inspection is to be made or upon which a cross-connection is present.
Examples of facilities subject to this Ordinance shall include but not be limited to the
following:
INDUSTRIES
Automotive manufacturing plants
Chemical, plating, processing plants, chemical tank car cleaning facilities
Breweries, bottling plants
Canneries, packing houses, meat processing operations
Dairy processing operations
Photographic developing laboratories
Research laboratories
Oil and gas production, storage or transmission operations
Power plants
COMMERCIAL ESTABLISHMENTS
Hospitals, medical buildings, sanitariums, nursing or convalescent homes, clinics, dentist
Offices
Mortuaries, morgues, funeral homes
Refrigeration or cold storage plants
Laundries, dry cleaning operations
Car washes
Grain elevators
Restaurants, taverns
Beauty salons, barber shops
Greenhouses
OTHER
Schools, churches
Parks
Golf courses (lawn sprinkling systems)
Cemeteries (lawn sprinkling systems)
Sewage treatment plants, sewage lift stations
Water treatment plants
Apartment complexes
(21) "Pollutant" shall mean a foreign substance, which if permitted to get into the public water system, will degrade its quality so as to constitute a moderate hazard, or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health, but which does adversely and unreasonably affect such water for domestic use.
(22) “Water Purveyor" shall mean the City of Keyser Municipal Water Department, Water Board, or other administrative authority or designee of the City of Keyser invested with the authority and responsibility for the implementation of a cross-connection control program and for the enforcement of the provisions of the Ordinance.
(23) "Water Service Entrance" shall mean that point in the owner's water system beyond the sanitary control of the water purveyor, generally considered to be the outlet end of the water meter and always before any unprotected branch.
(24) "West Virginia Bureau for Public Health" Shall hereinafter be identified as "WVBPH"
(d) Responsibility. The water purveyor shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or back-siphonage of contaminants or pollutants through commercial and industrial water service connections. If, in the judgment of the water purveyor, an approved backflow device is required at the water service connection to any customer's premises, the water purveyor, or his designated agent, shall give notice in writing to said customer to install an approved backflow prevention device at each service connection to its premises. The customer shall within 90 days, install such approved device, or devices, at its own expense, and failure or refusal, or inability on the part of the customer to install said device or devices within 90 days, shall constitute a ground for discontinuing water service to the premises until such device or devices have been properly installed.
(e) Administration.
(1) The water purveyor shall operate a cross-connection control program, to include the keeping of necessary records, which fulfills the requirements of the WVBPH Cross Connections and Backflow Prevention Regulations.
(2) The owner shall allow his property to be inspected for possible cross-connections and shall follow the provisions of the water purveyor's program and the WVBPH Regulations if a cross-connection is permitted.
(3) If the water purveyor requires that the public supply be protected by containment, the owner shall be responsible for water quality beyond the outlet end of the containment device and should utilize fixture outlet protection for that purpose. The owner may utilize local public health officials, or personnel from the water purveyor, or their designated representatives, to assist it in the survey of its facilities and to assist it in the selection of proper fixture outlet devices, and the proper installation of these devices.
(f) Requirements.
(1) Water Purveyor.
A. On new installations, the water purveyor shall provide on site evaluation and/or inspection of plans in order to determine the type of backflow preventer, if any, that will be required and will perform inspection and testing.
B. For premises existing prior to the adoption of this Ordinance, the water purveyor will perform evaluations and inspections of plants and/or premises, as may be necessary, and inform the owner by letter of any corrective action deemed necessary, the method of achieving the correction, and the time allowed for the correction to be made. Ordinarily, ninety (90) days will be allowed. However, this time period may be extended, if necessary, or shortened depending upon the degree of hazard involved and the history of the device(s) in question.
C. The water purveyor shall not allow any cross-connection to remain unless it is protected by an approved backflow preventer which will be regularly tested to insure satisfactory operation.
D. The water purveyor shall inform the owner by letter, of any failure to comply, by the time of the first re-inspection. The water purveyor shall allow an additional fifteen (15) days for the correction. In the event the owner fails to comply with the necessary correction by the time of the second re-inspection, the water purveyor shall inform the owner by letter, that the water service to the owner's premises will be terminated within a period not to exceed five (5) days. In the event that the owner informs the water purveyor of extenuating circumstances as to why the correction has not been made, a time extension may be granted by the water purveyor, but in no case may exceed an additional thirty (30) days.
E. If the water purveyor determines at any time that a serious threat to the public health exists, the water service shall be terminated immediately.
F. The water purveyor shall begin initial premises inspections to determine the nature of existing or potential hazards. Initial focus will be on high hazard industries and commercial premises.
(2) Owner.
A. The owner shall be responsible for the elimination or protection of all cross-connections on its premises.
B. The owner, after having been informed by a letter from the water purveyor, shall at its expense, install, maintain and test, or have tested, any and all backflow preventers on its premises.
C. The owner shall correct any malfunction of the backflow preventer which is revealed by periodic testing.
D. The owner shall inform the water purveyor of any proposed or modified cross connections and also any existing cross-connections of which the owner is aware, but have not been found by the water purveyor.
E. The owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Owners who cannot shut down operation for testing of the device(s) must supply additional devices necessary to allow testing to take place.
F. The owner shall install backflow preventers in a manner approved by the water purveyor.
G. The owner shall install only backflow preventers approved by the water purveyor or the WVBPH.
H. Any owner having a private well or other private water source must have the approval of the water purveyor and the WVBPH if the well or source is cross-connected to the water purveyor's system. Permission to cross-connect may be denied. The owner may be required to install a backflow preventer at the service entrance if a private water source is maintained, even if it is not cross-connected to the water purveyor's system.
I. In the event the owner installs plumbing to provide potable water for domestic purposes which is on the water purveyor's side of the backflow preventer, such plumbing must have its own backflow preventer installed.
J. The owner shall be responsible for the payment of all fees for permits, annual or semiannual device testing retesting in the case that the device fails to operate correctly, and second re-inspections for non-compliance with water purveyor or WVBPH requirements.
(g) Degree of Hazard. The water purveyor recognizes the threat to the public water system arising from cross connections. All threats will be classified by degree of hazard and will require the installation of approved backflow prevention device.
(h) Existing In-use Backflow Prevention Devices. Any existing backflow preventer shall be allowed by the water purveyor to continue in service unless the degree of hazard is such as to supersede the effectiveness of the present backflow preventer, or result in an unreasonable risk to the public health. Where the degree of hazard has increased, as in the case of a residential installation converting to a business establishment, any existing backflow preventer must be upgraded to a reduced pressure principle device, or a reduced pressure principle device must be installed in the event that no backflow devise is present.
(i) Periodic Testing.
(1) Backflow prevention devices shall be tested and inspected at least annually.
(2) Periodic testing shall be performed by a WVBPH certified tester. This testing will be done at the owner's expense.
(3) Any backflow preventer which fails during a periodic test shall be required or replaced. When repairs are necessary, upon completion of the repair the device will be retested at owner's expense to insure correct operation. High hazard situations will not be allowed to continue unprotected if the backflow preventer fails the test and cannot be repaired immediately. In other situations, a compliance date of not more than thirty (30) days after the test date will be established. The owner is responsible for spare parts, repair tools, or a replacement device. Parallel installation of two (2) devices is an effective means of the owner insuring that uninterrupted water service during testing or repair of devices and is strongly recommended when the owner desires such continuity.
(4) Backflow prevention devices will be tested more frequently than specified in paragraph "A" above, in cases where there is a history of test failures and the water purveyor is of the opinion that due to the degree of hazard involved, additional testing is warranted. Cost of additional tests shall be born by the owner.
(j) Record. The water purveyor will initiate and maintain the following:
(1) Master files on customer cross-connections.
(2) Master files on customer cross-connection tests and/or inspections
(3) Copies of lists and summaries supplied to the WVBPH.
Upon request, the water purveyor will submit records of inspection, surveys, tests or corrective actions to the West Virginia Bureau of Public Health.
(k) Non-liability. Neither the Keyser Water Board, the City of Keyser or any of its delegated agents, employees or assigns shall be liable for any damage resulting from the enforcement of this Ordinance or any work, services, inspections, etc. undertaken by the City of Keyser in accordance with the terms of this Ordinance or any other laws, regulations or directives of the WVBPH which may be required for purposes of the City of Keyser, it's citizens and users under the directives of the WVBPH.
(l) Right of Entry for Purpose of Inspection. The water purveyor, and any of its duly authorized employees, agents or other representatives of the City of Keyser and the Keyser Water Board bearing proper credentials for purposes of inspection, observation, measurements, sampling and testing pertinent to the compliance of the instant ordinance and for the protection of the Keyser City water supply shall have a right of entry onto private property for purposes of compliance and enforcement in accordance with the provisions of this Ordinance.
(m) Required Safety Procedures. While performing the necessary work on private properties under the terms of this Ordinance, the water purveyor and any of its duly authorized employees, agents or other representatives shall observe all safety rules applicable to the premises established by the City of Keyser or other state or federal law regulation.
(n) Penalties. Any owner violating any provisions of this Ordinance shall be guilty of a misdemeanor and liable unto the City of Keyser in an amount equal to the amount of damages incurred by the City as a result of the violation. In addition to any such damages incurred by the City as a result of such violation, the violator shall be fined not less than $50.00 nor more than $250.00 for a first offense under this Ordinance. For a second or any subsequent offense, the violator shall be fined not less than $100.00 nor more than $500.00.
(Ord. 265. Passed 12-27-04.)