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§ 51.45 [RESERVED].
§ 51.46 ABANDONED CONNECTION.
   Whenever any connection to the waterworks system is abandoned, because the building to which the water connection is made has been abandoned, destroyed or removed, the town may remove the meter and any pipe or connections in the public right- of-way or easement and cap, plug or otherwise seal the pipe or main. Before taking any such steps the town shall notify the owner of the real estate if the owner’s name and address is known and shall notify the person shown on the real estate tax records as having paid taxes on the property the last time taxes were paid. The notice shall be made by mail, at least 30 days before any action is taken under this section. If water is leaking, the town shall take immediate action and send the notice within three working days of the time of action was taken.
(`77 Code, § 64.23) (Ord. 1996-11, passed 8-19-96; Am. Ord. 1997-6, passed 6-16-97; Am. Ord. 1998-1, passed 6-15-98)
§ 51.47 UNLAWFUL CONNECTION.
   No person, firm or corporation shall make any connection to the waterworks system of the town without the permission of the town.
(`77 Code, § 64.24) (Ord. 1996-11, passed 8-19-96; Am. Ord. 1997-6, passed 6-16-97; Am. Ord. 1998-1, passed 6-15-98) Penalty, see § 10.99
§ 51.48 LARCENY.
   Nothing in this chapter shall be interpreted as prohibiting institution of larceny charges against any person stealing water from the town by bypassing a meter, tampering with a meter or by any other means.
(`77 Code, § 64.25) (Ord. 1996-11, passed 8-19-96; Am. Ord. 1997-6, passed 6-16-97; Am. Ord. 1998-1, passed 6-15-98)
§ 51.49 DEFINITIONS.
   For the purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:
   AIR-GAP. The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing, fixture or other device and the flood level rim of said vessel. An approved air-gap shall be at least double the diameter of the supply pipe, measured vertically, above the overflow rim of the vessel; and in no case less than one inch.
   APPROVED. Accepted by the Kouts Water Utility as meeting an applicable specification stated or cited in this chapter, or suitable for the proposed use.
   AUXILIARY WATER SUPPLY. Any water supply on or available to the premises other than the utility's approved public water supply.
   BACKFLOW. The reversal of normal flow of water caused by either back pressure or backsiphonage.
   BACKFLOW PREVENTER. An approved assembly or means designed to prevent backflow.
   BOOSTER PUMP. A pump installed on a pipeline to increase water pressure or flow.
   CONTAMINATION. An impairment of the quality of the potable water by sewage, industrial fluids, compounds or other materials to a degree which creates an actual or potential hazard to the public health.
   CROSS-CONNECTION. Any physical connection or arrangement of piping, including cross- connection control devices not in working order, whereby a public water supply distribution system is directly connected, either continuously or intermittently, with any secondary source of supply which contains or may contain, and is capable of imparting to the public water supply, contaminants, contaminated water, or any other waste or liquid of unknown or unsafe quality.
   CROSS-CONNECTION CONTROL DEVICE. Any device or assembly which is capable of preventing contaminants from entering the public water supply distribution system.
   CROSS-CONNECTION CONTROL DEVICE INSPECTOR. A person who has successfully completed training in testing and inspection of cross- connection control devices from a training provider approved by the Commissioner of the Indiana Department of Environmental Management and has received a registration number from the Commissioner.
   CROSS-CONNECTION HAZARD. Any customer facility which, because of the nature and extent of activities or the materials used in connection with the activities or stored on the premises, would present an immediate or potential danger or health hazard to customers of the public water supply should backflow occur.
   CUSTOMER. Any person who receives water from a public water supply.
   CUSTOMER SERVICE LINE. The pipeline from the public water supply to the first tap, fixture, receptacle or other point of customer water use.
   CUSTOMER WATER SYSTEM. All piping and fixtures, including secondary sources of supply, used by a customer to convey water on his premises.
   DOUBLE CHECK VALVE ASSEMBLY. A device composed of two tightly closing shut-off valves surrounding two independently acting check valves, with four test cocks, one upstream of the four valves and one between each of the four check and shut-off valves.
   DOWNSTREAM. The direction of flow when only the public water supply is supplying water through the customer water system and backflow is not occurring.
   PRESSURE VACUUM BREAKER. A device containing an independently operating internally loaded check valve and an independently operating loaded air inlet valve located on the downstream side of the check valve for relieving a vacuum or partial vacuum in a pipeline.
   PUBLIC WATER SYSTEM. Sources of supply including mains, pumps and structures through which water is obtained, treated as may be required, and supplied through a water distribution system.
   REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTER. A device composed of two tightly closing shut-off valves surrounding two independently acting pressure reducing check valves that, in turn, surround an automatic pressure differential relief valve and four test clocks, one upstream of the five valves and one between each of the four check and shut-off valves. The check valves effectively divide the structure into three chambers, pressure is reduced in each downstream chamber allowing the pressure differential relief valve to vent the chamber to the atmosphere should either or both check valves malfunction.
   SECONDARY SOURCE OF SUPPLY. Any well, spring, cistern, lake, stream or other water source, intake structure, pumps, piping, treatment units, tanks and appurtenances used, either continuously or intermittently, to supply water other than from the public water supply to the customer, including tanks used to store water to be used only for fire fighting, even though the water contained therein is supplied from public water supply.
(Ord. 2009-2, passed 7-20-09)
§ 51.50 SHUT-OFF MECHANISM; BACKFLOW PROTECTION DEVISE REQUIRED.
   (A)   Responsibility. The Water Utility shall be responsible for the protection of the public potable water distribution system from contaminants or pollutants through the water service connection. If, in the judgment of said Water Utility, an approved backflow prevention assembly is required as defined by the I.A.C., 327 I.A.C. 8-10, Rule 10 (at the customer's water service connection; or, within the customer's private water system) for the safety of the water system, the Water Utility shall give notice in writing by mail to said customer to install such an approved backflow prevention assembly(s) at specific location(s) on their premises. The consumer shall install such approved assembly(s) at the consumer's own expense; and failure, refusal or inability on the part of the customer to install, have tested and maintain said assembly(s) shall constitute grounds for discontinuing water service to the premises until such requirements have been satisfactorily met.
   (B)   Water system requirements. The water system shall be considered made up of two parts, the utility system and the customer system:
      (1)   The utility system shall consist of the source facilities and the distribution system.
      (2)   The customer system shall include those parts of the facilities beyond the termination of the utility distribution system which are utilized in conveying utility-delivered domestic water to points of use.
   (C)   Compliance. No water service connection to any premises shall be installed or maintained by the Water Utility unless the water supply is protected as required by State of Indiana rules and regulations and this chapter. Service of water to any premises may be discontinued by the Water Utility if a backflow prevention assembly required by this chapter is not installed, tested and maintained, or if it is found that a backflow prevention assembly has been removed, bypassed, or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected.
   (D)   Cross-connections. In no case shall there be cross-connections between the public water distribution system and a private water supply. Any cross-connections with other sources of water shall be made in conformity with the rules and regulations set forth in Title 327 Rule 10 327 I.A.C. 8-10. All plumbing shall conform to state and town codes, which do not permit physical connections between the public water supply and other water supplies, waste lines, process solution lines, tanks, and the like, unless the property is protected by approved backflow protection safety devices. A representative of the Water Utility Worker will make periodic inspections of customer's piping to establish violations and will report any violations to both the customer and the proper authorities. The town will not assume responsibility for damage, sickness or death arising from the existence of an improper cross-connection or the use or failure of a cross-connection. The discovery of a noncomplying installation shall lead to discontinuation of service.
   (E)   Right of entry. The properly authorized representatives of the Water Utility shall have the right to enter upon the premises of the customer all reasonable times for the purpose of inspecting cross- connections, protective devices, atmospheric tank applications, booster pump vacuum breaker valves, and general plumbing, as well as for the purpose of reading, inspecting, repairing, or replacing the meter at the termination of the contract or discontinuation of service. All representatives shall have proper credentials on their person at all times.
   (F)   Installation of backflow prevention. An approved backflow prevention assembly shall be installed on each service line to a customer's water system at or near the property line or immediately inside the building being served; but in all cases, before the first branch line leading off the service line wherever the following conditions exist:
      (1)   In case of the premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the Water Utility, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line appropriate to the degree of hazard.
      (2)   In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system, the public shall be protected against backflow from the premises by installing an approved backflow protection assembly in the service line appropriate to the degree of hazard. This shall include the handling of process waters and waters originating from the utility system which have been subject to deterioration of quality.
      (3)   In the case of premises having (A) internal cross-connection that cannot be permanently controlled or corrected, or (B) intricate plumbing and piping arrangements or where entry to all portions of the premises are not readily accessible for inspection purposes, making it impractical or impossible to ascertain whether or not dangerous cross-connection(s) exist, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention device in the service line or lines where potential hazards could exist.
      (4)   In the case of the premises having an irrigation system buried below ground for use as a sprinkling outlet, the public water system shall be protected against backflow from the premises by installing an approved backflow protection device.
      (5)   In the case of the premises undergoing plumbing rehabilitation and all new construction, residential and commercial, the public water system shall be protected against backflow from the premises by installing an approved backflow protection device.
   (G)   Type of protective assembly. The type of assembly required shall depend upon the degree of hazard which exists, as follows:
      (1)   In the case of any premises where there is an auxiliary water supply, the public water system shall be protected by an approved air gap separation or an approved reduced pressure principle backflow prevention assembly.
      (2)   In the case of any premises where there is water or a substance that would be objectionable but not hazardous to health, if introduced into the public water system, the public water system shall be protected by an approved double check valve assembly.
      (3)   In the case of any premises where there is any material dangerous to health such as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention assembly.
      (4)   In the case of any premises where there are uncontrolled cross-connections, either actual or potential, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention assembly at the service connection.
      (5)   In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross-connection survey, the public water system shall be protected against backflow from the premises by either an approved air-gap separation or an approved reduced pressure principle backflow assembly on each service to the premises.
      (6)   In the case of any premises having a lawn irrigation system, the public water system shall be protected by an approved pressure vacuum breaker backflow prevention assembly or an approved reduced pressure principle backflow prevention assembly.
      (7)   In the case of all new residential construction and any existing residential structures requiring extensive plumbing rehabilitation, the public water system shall be protected against backflow from the premises by either an approved dual check valve backflow device or an approved reduced pressure principle backflow prevention assembly.
   (H)   Approval of backflow prevention assembly. Any backflow prevention assembly required herein shall be a model and size approved by the Water Utility. The term APPROVED BACKFLOW PREVENTION ASSEMBLY shall mean an assembly that has been manufactured in full conformance with the standards established by the American Water Works Association (AWWA) entitled AWWA C506-84 Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices. Said assembly shall meet the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research (FCCC&HR) of the University of Southern California established by Specifications of Backflow Prevention Assemblies-Section 10 of the most current issue of the Manual of Cross-Connection Control. Final approval shall be evidenced by a certificate of approval issued by an approved testing laboratory certifying full compliance with the said AWWA standards and FCCC&HR specifications.
   (I)   Exemptions. All presently installed backflow prevention assemblies which do not meet the requirements of this section that were approved devices for the purposes described herein at the time of installation and which have been properly maintained, shall be excluded from the requirement of these rules so long as the Water Utility is assured that they will satisfactorily protect the distribution system. However, whenever the existing device is moved from the present location or requires more than minimum maintenance or when the Water Utility finds that the assembly or maintenance constitutes a hazard to health, the unit shall be replaced, at the consumer's expense, by an approved backflow prevention assembly meeting the requirement of this section.
   (J)   Inspection of devices; time limits. To ensure that each cross-connection control device required by this chapter is in working order, the customer shall have each device inspected or tested (at the customer's expense) by a certified backflow technician at the time of construction or installation, and at the following intervals, in the following manner:
      (1)   Air-gaps shall be inspected at intervals not exceeding one year to ensure that they continue to meet the requirements set forth.
      (2)   Reduced pressure principle backflow assemblies shall be tested at intervals not exceeding six months to ensure that:
         (a)   Both check valves are drip-tight under all pressure differentials;
         (b)   The pressure differential relief valve will maintain pressure in the center chamber at least two pounds per square inch below that of the inlet chamber.
      (3)   Double check valve assemblies shall be tested at intervals not exceeding one year to ensure that both check valves are drip-tight under all pressure differentials.
      (4)   Pressure vacuum breakers shall be tested at intervals not exceeding one year to ensure that the air inlet opens fully when water pressure is at or below atmospheric.
   Those customers granted an exemption shall report to the Director of Public Works any proposed changes in process, plumbing, or in materials used or stored at the facility at least 14 days prior to making the change.
   (K)   Inspectors; installers. All cross-connection device inspectors shall be registered with the State of Indiana. All cross-connection device installers shall be licensed plumbing contractor. The inspector shall report to the Water Works, the customer and, if requested, the IDEM Commissioner, the results of inspections and tests conducted on air-gaps, reduced pressure principle backflow preventers, double check valve assemblies, and pressure vacuum breakers. Reports shall be submitted within 30 days of the inspection or test.
   (L)   Certified testers. Certified testers shall be listed with the town annually, with proof of continuing certification. In addition, certified testers will provide proof that test gauges used in backflow prevention assemblies have been calibrated and certified annually.
   (M)   Violations. Any violation of any of the provisions of this code section shall be punished by a fine not to exceed $2,500. Every day any violation of this code section shall continue shall constitute a separate offense.
(Ord. 2009-2, passed 7-20-09)
§ 51.51 RIGHT OF ENTRY.
   Each property owner or customer who receives water and other services provided by the Water Utility for the town, shall provide town representatives access to the water meters and pit antenna lids for purposes of reading usage and for the repair and maintenance of the water meters and pit antenna lids.
   (A)   The town will attempt to ascertain a convenient time with the customer for examination of the water meters and pit antenna lids. Any customer who fails to allow such access for a period of 30 days or more, after receiving notice of the need for such access by posting a notice on the property or by sending notice to the address listed on the water bill, is subject to having water discontinued until such time as the access is allowed. Failure to arrange entry on the private property after the end of the 30 day notice period shall be a violation of this section. Failure to obey this section may result in a fine pursuant to § 10.99, which provides for penalties of up to $2,500 per day. Each day of noncompliance shall result in a new violation.
   (B)   The customer must be present or have a representative present when the water meter and pit antenna lids are inspected and/or repaired.
   (C)   In the event that the customer has damaged an installed water meter or damaged an installed pit antenna lid, the customer shall pay for the replacement or repair as the town deems necessary.
   (D)   Security and safety measures during the entry on private property will be observed by town employees.
(Ord. 2019-3, passed 2-18-19)