(A) Health agency.
(1) The North Carolina Department of Environment, Health, and Natural Resources (Division of Health Services) has the responsibility for promulgating and enforcing laws, rules, regulations, and policies to be followed in carrying out an effective cross-connection control program.
(2) The Division of Health Services also has the primary responsibility of ensuring that the water purveyor operates the public potable water system free of actual or potential sanitary hazards, including unprotected cross-connections. They have the further responsibility of ensuring that the water purveyor provides an approved water supply at the service connection to the consumer's water system.
(B) Water purveyor.
(1) Except as otherwise provided herein, the water purveyor’s responsibility to ensure a safe water supply begins at the source and includes all of the public water distribution system, including the service connection, and all ends at the point of delivery to the consumer’s water system(s). In addition, the water purveyor shall exercise reasonable vigilance to ensure that the consumer has taken the proper steps to protect the public potable water system. To ensure that the proper precautions are taken, the county is required to determine the degree of hazard or potential hazard to the public potable water system; to determine the degree of protection required; and to ensure proper containment protection through an on-going inspection program.
(2) When it is determined that a backflow prevention assembly is required for the protection of the public system, the county shall require the consumer, at the consumer's expense, to install an approved backflow prevention assembly at each service connection, to test immediately upon installation and thereafter at a frequency as determined by the county, to properly repair and maintain the assembly or assemblies and to keep adequate records of each test and subsequent maintenance and repair, including materials and/or replacement parts.
(C) Consumer. The consumer has the primary responsibility of preventing pollutants and contaminants from entering its potable water system(s) or the public potable water system. The consumer's responsibility starts at the point of delivery from the public potable water system and includes all of its water system(s). The consumers, at their own expense, shall install, operate, test, and maintain approved backflow prevention assemblies as directed by the county. The consumer shall maintain accurate records of tests and repairs made to backflow assemblies and shall maintain the records for a minimum period of three years. The records shall be on forms approved by the county and shall include the list of materials or replacement parts used. Following any repair, overhaul, repiping, or relocation of an assembly, the consumer shall have it tested to ensure that it is in good operating condition and will prevent backflow. Tests, maintenance, and repairs of backflow prevention assemblies shall be made by a certified backflow prevention assembly tester.
(D) Certified backflow prevention assembly tester. When employed by the consumer to test, repair, overhaul, or maintain backflow prevention assemblies, a backflow prevention assembly tester will have the following responsibilities.
(1) The tester will be responsible for making competent inspections, for repairing or overhauling backflow prevention assemblies and making reports of the repair to the consumer and responsible authorities on forms approved by the county. The tester shall include the list of materials or replacement parts used. The tester shall be equipped with and be competent to use all the necessary tools, gauges, manometers, and prevention assemblies. It will be the tester's responsibility to ensure that original manufactured parts are used in the repair of or replacement of parts in a backflow prevention assembly. It will be the tester's further responsibility not to change the design, material, or operational characteristics of an assembly during repair or maintenance without prior approval of the county. A certified tester shall perform the work and be responsible for the competency and accuracy of all test and reports. A certified tester shall provide a copy of all test and repair reports to the consumer and to Public Works Department within ten business days of any completed test or repair work. A certified tester shall maintain the records for a minimum period of three years.
(2) All certified backflow prevention assembly testers must obtain and employ backflow prevention assembly test equipment, which has been evaluated and/or approved by the county. All test equipment shall be registered with the Public Works Department. All test equipment shall be checked for accuracy annually, calibrated, if necessary and certified to the county as to the calibration, employing an accuracy/calibration method acceptable to the county.
(3) All certified backflow prevention assembly testers must become re-certified every two years through an approved backflow prevention certification program.
(E) Penalty. Violation of this section shall be punishable by injunctive relief, equitable remedy and civil penalties pursuant to § 10.99.
(Ord. passed 4-2-2001; Ord. passed 3-21-2022)