A. Definitions: Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this section, have the meanings indicated in this subsection:
AGENCY: The Illinois Environmental Protection Agency.
AGENCY'S REGULATIONS: 35 Illinois Administrative Code 653.
APPROVED: Those backflow prevention devices or methods approved by the Research Foundation for Cross Connection Control of the University of Southern California, the American Waterworks Association, the American Society of Sanitary Engineering, the American National Standards Institute, or certified by the National Sanitation Foundation.
AUXILIARY WATER SUPPLY: Any water source or system on or available to any premises, other than the waterworks system, and includes the water so supplied. Auxiliary water may include water from a public water supply system; or water from a private or emergency water supply system; or water from a source such as wells, lakes, or streams; or process fluids; or used water. Auxiliary water may be polluted or contaminated or objectionable or constitute a water supply system over which the Village does not have control.
BACK SIPHONAGE: Type of backflow in a pipe or plumbing device in which used, contaminated, or polluted water flows back from a receptacle or other source into a negative pressure in such pipe or plumbing device.
BACKFLOW: 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 the intended source of the potable water supply system.
CONTAMINATION: An impairment of the quality of the waterworks system or other potable water supply system by entrance of any substance to a degree that could create a health hazard.
CROSS CONNECTION: Any physical connection or arrangement between two (2) otherwise separate piping systems, one of which contains potable water and the other a substance of unknown or questionable safety or quality, whereby there may be a flow from one system into the other. A direct cross connection is a cross connection formed when the waterworks system or other potable water supply system is physically joined to a source of unknown or unsafe substance. An indirect cross connection is a cross connection through which an unknown substance can be forced, drawn by a vacuum or otherwise introduced into the waterworks system or other water supply system.
CROSS CONNECTION CONTROL DEVICE: Any approved assembly intended to prevent backflow into the waterworks system or other potable water supply system. The term "backflow prevention device" shall be included in the definition of cross connection control device. All devices used for backflow prevention in Illinois must meet the standards of the Illinois Plumbing Code and the agency.
CROSS-CONNECTION CONTROL DEVICE INSPECTOR: Any person approved by the Agency who is responsible for inspecting cross-connection control devices.
CUSTOMER: The owner, occupant, and/or person in possession, charge or control of any premises.
CUSTOMER'S WATER SYSTEM: All parts of the water facilities beginning at the service connection used to convey water from the waterworks system to the premises, which facilities are deemed to be operated, controlled or owned by the customer.
DOUBLE CHECK VALVE ASSEMBLY: An assembly composed of single, independently acting check valves approved under ASSE standard 1015. A double check valve assembly must include tight shut-off valves located at each end of the assembly and suitable connections for testing the watertightness of each check valve.
FIXED AIR GAP: The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water and the flood level rim of the receptacle.
HEALTH HAZARD: Any condition, device, or practice in a water system or its operation resulting in a real or potential danger to a person's health and well-being. The term "severe" as used to qualify "health hazard" means a hazard to the health of the user that could be expected to result in death or significant reduction in the quality of life.
ILLINOIS PLUMBING CODE: 77 Illinois Administrative Code 890.
INSPECTION: A plumbing inspection to examine carefully and critically all materials, fixtures, piping, and appurtenances, appliances, and installations of a plumbing system for compliance with the requirements of the Illinois Plumbing Code and this Section.
NONPOTABLE: The quality of water that does not meet public health standards for drinking water and is not suitable for human consumption.
POLLUTION: The presence of any foreign substance (organic, inorganic, radiological, or biological) in water that tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.
POTABLE: The quality of water that meets public health standards for drinking water and is suitable for human consumption.
PREMISES: Any lot or a part of a lot, any building or a part of a building, or any parcel or tract of land whatever.
PROCESS FLUIDS: Any fluid or solution that may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration such as would constitute a health, pollutional, or system hazard if introduced into the waterworks system, a customer's water system, or any other potable water supply system. This includes, but is not limited to:
A. Polluted or contaminated water;
B. Used water originating from the waterworks system which may have deteriorated in sanitary quality;
C. Cooling waters;
D. Contaminated natural water taken from wells, lakes, streams, or irrigation systems;
E. Chemicals in solution or suspension;
F. Oils, gases, acids, alkalis, and other liquid and gaseous fluids used in industrial or other processes, or for firefighting purposes.
REDUCED PRESSURE PRINCIPLE BACK-FLOW PREVENTION DEVICE: A device containing a minimum of two (2) independently acting check valves together with an automatically operated pressure differential relief valve located between the two (2) check valves and approved under ASSE standard 1013. During normal flow and at the cessation of normal flow, the pressure between these two (2) checks shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the check valves at less than the supply pressure. The unit must include tightly closing shut-off valves located at each end of the device, and each device shall be fitted with properly located test cocks.
SERVICE CONNECTION: The opening, including all fittings and appurtenances, at a water main of the waterworks system through which water is supplied to the customer.
SURVEY: The collection of information regarding the location of all connections between a customer's water system and the waterworks system and must include the location, type, and most recent inspection and testing date of all cross-connection control devices and methods located within that customer's premises. The survey must be in written form, and should not be an actual plumbing inspection.
USED WATER: Any water supplied by the waterworks system after it has passed through the service connection and is no longer under the control of the Village.
VILLAGE: The Village of Lake Zurich.
WATER SUPPLY SYSTEM OR WATER SYSTEM: Any water source, supply, or system, including all pipes, fittings, and control valves, as well as the water so supplied. The term "water supply system" shall not include the waterworks system, however.
WATERWORKS SYSTEM: The entire system operated, controlled, or owned by the Village of pipes, hydrants, boxes, cocks, taps, meters, connections, reservoirs, tanks, engines, property, and all appurtenances thereto, whereby water is or may be supplied to the public or to private parties within the Village. The term "water service system" shall be included in the definition of waterworks system.
B. Cross-Connection Prohibited:
1. No Cross-Connection: Connections between the waterworks system or other potable water supply systems and other systems or equipment containing nonpotable water or other substances of unknown or questionable quality are prohibited except when and where approved cross-connection control devices or methods are installed, tested, and maintained to ensure proper operation on a continuing basis. No physical connection shall be permitted between the waterworks system or any potable water supply system and any auxiliary water supply not of equal or better bacteriological and chemical quality as determined by inspection and analysis by the Agency. There shall be no arrangement or connection by which an unsafe substance may enter the waterworks system or other potable water supply system or an auxiliary water supply approved by the Superintendent of Water and the Agency.
2. No Auxiliary Cross-Connection: No person, firm, or corporation shall establish or maintain, or permit to be established or maintained, any connection whereby an auxiliary water supply may enter the waterworks system or the customer's water system, unless such auxiliary water supply and the method of connection and use of such supply shall have been approved by the Superintendent of Water and the Agency.
C. General Requirements For Cross-Connection Control Devices:
1. Permit Required: It shall be unlawful to install, remove, or replace any cross-connection control device without first having obtained a permit therefor in accordance with the Lake Zurich Building Code. Any violation of this subsection shall be punishable by a fine in the amount of two (2) times the required permit fee. (Ord. 90-08-399, 8-6-90)
2. Approved Devices Only: Only approved cross-connection control devices or methods can be used to satisfy the requirements of this Section. No such device or method that contains or utilizes nonmetallic checks shall be permitted. (Ord. 95-06-740, 6-5-95)
3. Type Of Protection: The type of protection required shall depend on the degree of hazard that exists as follows:
a. An approved fixed air gap separation shall be installed when the waterworks system may be contaminated with substances that could cause a severe health hazard.
b. An approved fixed air gap separation or an approved reduced pressure principle backflow prevention device shall be installed when the waterworks system may be contaminated with a substance that could cause a system or health hazard.
c. An approved fixed air gap separation or an approved reduced pressure principle backflow prevention device or a double check value assembly shall be installed when the waterworks system may be polluted with substances that could cause a pollution hazard not dangerous to health.
d. An approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention device shall be installed on premises when it is impractical to determine whether cross-connections exist or it is impossible to make a complete cross-connection survey or on premises having a repeated history of cross-connections being established or re-established.
4. Fire Safety Systems: Reduced pressure principle backflow prevention devices shall be installed on fire safety systems connected to the waterworks system when:
a. The fire safety system contains antifreeze, fire retardant, or other chemicals;
b. Water is pumped into the system from a source other than the waterworks system;
c. Water flows by gravity from a nonpotable source or water can be pumped into the fire safety system from any source other than the waterworks system; or
d. There is a connection whereby a source other than the waterworks system can be introduced into the fire safety system.
All other fire safety systems connected to the waterworks system shall be protected by a double check valve assembly on metered service lines and a double detector check valve assembly on unmetered service lines.
5. All Other Systems: The type of cross-connection control devices required for any other potable water supply system shall be equivalent to the devices used to protect the waterworks system from similar hazards, unless the Superintendent of Water permits otherwise.
D. Installation, Inspection, Maintenance, And Repair Of Cross-Connection Control Devices:
1. Prevention; Removal Of Cross-Connections: The customer shall prevent backflow and back siphonage into the waterworks system by ensuring that either all cross-connections are removed or cross-connection control devices are installed, inspected, maintained, and repaired. (Ord. 90-08-399, 8-6-90)
2. General Installation Requirements: The customer shall ensure that a cross-connection control device be installed wherever necessary to prevent cross-connections to the waterworks system or any other potable water supply system. Cross-connection control devices shall be installed by an Illinois licensed plumber and maintained and inspected by an Illinois licensed CCCDI as provided for in the Illinois Plumbing Code and the Agency's regulations and in accordance with the manufacturers' instructions. The manufacturer's maintenance manual shall be available on the premises. All cross-connection control devices shall be installed in a location accessible for observation, maintenance, replacement, and testing, and shall be protected against freezing and flooding. (Ord. 91-02-428, 2-4-91)
3. Specific Conditions Requiring Installation: In addition to the foregoing, the customer shall ensure that a cross- connection control device be installed on each service line to a customer's water system serving premises having any of the following conditions:
a. Premises for which the Superintendent of Water makes an independent determination that actual or potential hazards to the waterworks system exist.
b. Premises having an auxiliary water supply, unless such auxiliary supply is accepted as an additional source by the Superintendent of Water and the source is approved by the Agency.
c. Premises on which any substance is handled that can create an actual or potential hazard to the waterworks system. Such premises shall include premises having sources or systems containing process fluids or waters originating from the waterworks system that are no longer under the sanitary control of the Superintendent of Water.
d. Premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete cross-connection survey.
e. Premises having a repeated history of cross-connections being established or re-established.
4. Specific Service Lines Requiring Installation: An approved cross-connection control device shall be installed on each service line to a customer's water system serving, but not necessarily limited to, the following types of facilities, unless the Superintendent of Water determines that no actual or potential hazard to the waterworks system exists:
a. Hospitals, mortuaries, clinics, and nursing homes;
b. Laboratories;
c. Piers, docks, and waterfront facilities;
d. Sewage treatment plants, sewage pumping stations, and storm water pumping stations;
e. Food or beverage processing plants;
f. Chemical plants;
g. Metal plating industries;
h. Petroleum processing or storage plants;
i. Radioactive material processing plants or nuclear reactors;
j. Car washes;
k. Pesticide, herbicide, or extermination plants and trucks;
l. Farm service and fertilizer plants and trucks;
m. All other commercial or industrial facilities;
n. Any facility utilizing a heat exchanger; and
o. All underground sprinkler systems.
5. Inspections; Maintenance: Cross-connection control devices shall be inspected at the time of installation and at least annually, or more frequently if recommended by the manufacturer, by a cross-connection control device inspector. The inspection of mechanical devices shall include physical testing in accordance with the manufacturer's instructions. The customer shall cause all required repairs or maintenance to be performed promptly, and in any event within three (3) days after notice that such repairs or maintenance are required.
6. Tagging: Each cross-connection control device shall have a tag attached to it listing the date of the most recent test or visual inspection, the name and CCCDI number of the cross- connection control device inspector, and the type and date of repairs.
7. Maintenance Log: A maintenance log shall be maintained by the customer and shall include:
a. Date of each test or visual inspection;
b. Name and approval number of the person performing the test or visual inspection;
c. Test results;
d. Repairs or servicing required;
e. Repairs and date completed; and
f. Servicing performed and date completed.
The customer shall forward a copy of this maintenance log to the Superintendent of Water within fourteen (14) days after its completion.
8. Costs: The installation, inspection, and maintenance of all cross-connection control devices shall be at the sole cost and expense of the customer. Whenever cross-connection control devices required by these regulations are defective, they shall be repaired or replaced at the sole cost and expense of the customer without delay.
9. No Bypasses or Removal: Cross-connection control devices shall not be bypassed, made inoperative, removed, or otherwise made ineffective without specific authorization by the Superintendent of Water.
E. Survey and Investigations:
1. Village Surveys; Investigations: The Superintendent of Water shall cause surveys and investigations to be made of all premises served by the waterworks system to determine whether actual or potential hazards to the waterworks system may exist. A reasonable fee covering the cost of the survey or investigation may be levied against each customer whose premises are surveyed and investigated. Such surveys and investigations shall be made a matter of public record and shall be repeated at least once every two years, or more often as the Superintendent of Water shall deem necessary. Such surveys may be conducted by telephone, mail, or personal visit to the premises and is not intended to include an actual visual inspection of piping or plumbing systems. Records of such surveys shall be maintained and available for review for a period of a least five years.
2. Information: On request by the Superintendent of Water, the customer shall furnish information regarding the piping system or systems or water use within the customer's premises. The refusal of such information, when requested, shall, within the discretion of the Superintendent of Water, be deemed evidence of the presence of improper connections as provided in this Section.
3. Customer Surveys and Inspections: The customer shall arrange periodic surveys and inspections of his or her water system and of water use practices on his or her premises to determine whether the elements of the customer's water system comply with the Illinois Plumbing Code and this Section and whether there are actual or potential cross-connections to the customer's water system through which contaminants or pollutants could backflow into the customer's water system or the waterworks system. Such surveys and inspections shall be conducted by a duly licensed and bonded plumber and a cross- connection control device inspector and shall be at the sole cost and expense of the customer, and a copy of the results shall be forwarded to the Superintendent of Water. (Ord. 90-08-399, 8-6-1990)
F. Booster Pumps: Cross-connection control devices must be installed on the suction side of all booster pumps. When a booster pump has been installed on the service line to or within any premises, such pump shall be equipped with a low pressure cut-off device designed to shut off the booster pump when the pressure in the service line on the suction side of the pump drops to twenty (20) psi or less. It shall be the duty of the customer to maintain the low pressure cut-off device in proper working order and to certify to the Superintendent of Water, at least once a year, that the device is operable. (Ord. 91-02-428, 2-4-1991)
G. Cross-Connection Violations:
1. Access To Premises: The customer's premises shall be open at all reasonable times to the cross-connection control device inspector and the Superintendent of Water or his or her designees for the purposes of verifying the presence or absence of cross-connections, inspecting the installation, testing, maintenance, and repair of cross-connection control devices, verifying information submitted by the customer regarding the required cross-connection control device inspection, and ensuring that the requirements of this section have been properly executed.
2. Notice To Install; Compliance: If, in accordance with the Illinois Plumbing Code or in the judgment of the Superintendent of Water, a cross-connection control device is necessary for the safety of the waterworks system, the Superintendent of Water may, two (2) weeks after serving a written notice on the customer to install a cross-connection control device, deny or discontinue water service to such customer's premises if no proper cross-connection control device is installed. The Superintendent of Water may, after two (2) weeks' written notice to a customer, deny or discontinue water service to any customer's premises wherein any cross-connection control device required by this section is not installed, tested, maintained, or repaired in a manner acceptable to the Superintendent of Water, or if it is found that the cross-connection control device has been removed or bypassed, or if an unprotected cross-connection exists on the premises, or if a low pressure cut-off or other device required by this section is not installed and maintained in working order, or if any person is found to be violating any provisions of this section.
3. Emergencies: If, in the judgment of the Superintendent of Water, an emergency exists whereby the waterworks system is immediately threatened, then the Superintendent of Water shall have the right to enter the premises of a customer, providing oral notice only if such is possible, and may immediately without any notice deny or discontinue water service to that customer's premises. In the event of such denial or discontinuance, the Superintendent of Water, as soon as practical, shall serve written notice as herein provided.
4. Content Of Notice; Service: The written notice herein provided for shall state the nature of the request or violation and shall provide a reasonable time limit for the satisfactory correction thereof. This written notice may be served by personal service or by mailing such notice upon the customer. (Ord. 90-08-399, 8-6-1990)
5. Restoration Of Service: Water service that has been denied or discontinued shall not be restored until the customer has corrected or eliminated any conditions or defects in conformance with this section and to the satisfaction of the Superintendent of Water, and a reconnection fee in the amount pursuant to title 13, chapter 1, "Fee Schedule", of this Code shall have been paid to the Village. (Ord. 90-08-399, 8-6-1990; amd. Ord. 2018-12-279, 12-3-2018)
6. No Liability Of Village: Neither the Village nor the Superintendent of Water, nor their agents or assigns, shall be liable to any customer of the waterworks system for any injury, damages, or lost revenue that may result from the termination of a customer's water supply, whether such termination was with or without notice.
7. Liability Of Customer Or Other: Any person violating any of the provisions of this section, in addition to the foregoing, shall become liable to the Village for any expense, loss, or damage occasioned by the Village by reason of such violation, whether the same was caused before or after notice. If contamination of the waterworks system occurs through an illegal cross-connection or an improperly installed, maintained, or repaired cross-connection control device, or a cross-connection control device that has been bypassed, the customer responsible for such contamination shall bear the cost of cleanup or repair to the waterworks system. (Ord. 90-08-399, 8-6-1990)
8. Penalty: Any person who violates any provision of this section shall be fined pursuant to title 13, chapter 1, "Fee Schedule", of this Code for each offense. A separate offense shall be deemed to have been committed on each day during which a violation occurs or continues. (Ord. 90-08-399, 8-6-1990; amd. Ord. 2018-12-279, 12-3-2018)
H. Minimum Requirements; Inconsistencies: The provisions of this section shall be construed to be the minimum requirements for the promotion of the public health, safety, and welfare. When the provisions of this section impose greater requirements than those of any other ordinance or regulation, then the provisions of this section shall be controlling. When the provisions of any other ordinance or regulation impose greater requirements than this section, then the provisions of such other ordinance or regulation shall be controlling. In the case of any inconsistency between any provision of this section and any provision of any other ordinance or regulation, the provision imposing the greater requirements shall be controlling. (Ord. 90-08-399, 8-6-1990)