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(A) Approved backflow prevention assemblies shall be installed on the service line to any premises that the city has identified as having a potential for backflow.
(B) The following types of facilities or services have been identified by the city as having a potential for backflow of non-potable water into the public water supply system. Therefore, an approved backflow prevention assembly will be required on all such services according to the degree of hazard present. Other types of facilities or services not listed below may also be required to install approved backflow prevention assemblies if determined necessary by the city. As a minimum requirement, all commercial services will be required to install a double check valve assembly, unless otherwise listed below.
DCVA = Double check valve assembly RPF = Reduced pressure principle assembly DCDA = Double check detector assembly RPDA = Reduced pressure detector assembly AG = Air gap PVB = Pressure vacuum breaker | |
Aircraft and missile plants | RP |
Automotive service stations, dealerships, and the like: No health hazard Health hazard | DCVA RP |
Automotive plants | RP |
Auxiliary water systems: Approved public/private water supply Unapproved public/private water supply Used water and industrial fluids | DCVA AG RP |
Bakeries: No health hazard Health hazard | DCVA RP |
Beauty shops/barber shops: No health hazard Health hazard | DCVA RP |
Beverage bottling plants | RP |
Breweries | RP |
Buildings - Hotels, apartment houses, public and private buildings, or other structures having unprotected cross-connections: (Under five stories) No health hazard Health hazard (Over five stories) All | DCVA RP RP |
Canneries, packing houses, and rendering plants | RP |
Chemical plants - manufacturing, processing, compounding or treatment | RP |
Chemically contaminated water systems | RP |
Commercial car-wash facilities | RP |
Commercial greenhouses | RI |
Commercial sales establishments (department stores, malls, and the like): No health hazard Health hazard | DCVA RP |
Concrete/asphalt plants | RP |
Dairies and cold storage plants | RI |
Dye works | RI |
Film laboratories | RI |
Fire systems: Systems 3/4-inch to 2-inch: No health hazard Health hazard (booster pumps, foam, antifreeze solution, and the like) Systems 2-1/2 inch to 10-inch, or larger: No health hazard Health hazard (booster pumps, foam, antifreeze solution, and the like) | DCDA RPDA DCDA RPDA |
Hospitals, medical buildings, sanitariums, morgues, mortuaries, autopsy facilities, nursing and convalescent homes, medical clinics, and veterinary hospitals | RP |
Industrial facilities: No health hazard Health hazard | DCVA RP |
Laundries: No health hazard Health hazard (i.e., dry cleaners) | DCVA RP |
Lawn irrigation systems (split taps): No health hazard Health hazard (booster pumps, chemical systems) | DCVA RP |
Metal manufacturing, cleaning, processing, and fabricating plants | RP |
Mobile home parks: No health hazard Health hazard | DCVA RI |
Oil and gas production, storage or transmission properties | RP |
Paper and paper products plants | RP |
Pest control (exterminating and fumigation) | RP |
Plating plant | RP |
Power plants | RP |
Radioactive materials or substances, plants or facilities handling | RP |
Restaurants: No health hazard Health hazard | DCDA RP |
Restricted, classified, or other closed facilities | RP |
Rubber plants (natural or synthetic) | RP |
Sand and gravel plants | RP |
Schools and colleges | RP |
Sewage and storm drain facilities | RP |
Swimming pools | RP |
Waterfront facilities and industries | RP |
All assemblies and installations shall be subject to inspection and approval by the city. | |
(Ord. O-10-24, passed 8-1-2024)
(A) No person shall connect or cause to be connected any supply of water not approved by the North Carolina Department of Environmental Quality to the water system supplied by the city. Any such connections allowed by the city must be in conformance with the backflow prevention requirements of this subchapter.
(B) In the event of contamination or pollution of a public or consumer potable water system, the consumer shall notify the city immediately in order that appropriate measures may be taken to overcome and eliminate the contamination or pollution.
(Ord. O-10-24, passed 8-1-2024)
(A) All connections for fire protection systems connected with the public water system, two inches and smaller, shall be protected with an approved double check valve assembly as a minimum requirement. All fire systems using toxic additives or booster pumps shall be protected by an approved reduced pressure principle assembly at the main service connection.
(B) All connections for fire protection systems connected with the public water system greater than two inches, shall be protected with an approved double check detector assembly as a minimum requirement. All fire protection systems using toxic or hazardous additives or booster pumps shall be protected by an approved reduced pressure principle detector assembly at the main service connection.
(C) All existing backflow prevention assemblies two and one-half inches and larger installed on fire protection systems (that were initially approved by the city and/or Lincoln County, as applicable) shall be allowed to remain on the premises, as long as they are being properly maintained, tested and repaired as required by this subchapter. If, however, the existing assembly must be replaced (once it can no longer be repaired), or in the event of proven water theft through an unmetered source, the consumer shall be required to install an approved double check detector assembly or reduced pressure principle detector assembly as required by this provision.
(Ord. O-10-24, passed 8-1-2024)
(A) The owner, manager, supervisor, or person in charge of any installation found not to be in compliance with the provisions of this subchapter shall be notified in writing with regard to the corrective action(s) to be taken. The time for compliance shall be in accordance with this subchapter.
(B) The owner, manager, supervisor, or person in charge of any installation which remains in non-compliance after the time prescribed in the initial notification, shall be considered in violation of this subchapter, and may be issued a civil citation by the city. The citation shall specify the nature of the violation and the provision(s) of this subchapter violated, and further notify the offender that the civil penalty for the violation is as set forth in division (C) below and is to be paid to the city and payment remitted at City Hall within 30 days. If the penalty prescribed herein is not paid within the time allowed, the city may initiate a civil action in the nature of a debt and recover the sums set forth in division (C) below plus the cost of the action.
(C) Any offender who shall continue any violation beyond the time limit provided for in the aforementioned notification shall be subject to a civil penalty of up to $1,000 per violation. Each day in which a violation of any provision of this subchapter shall occur or continue shall constitute a separate and distinct offense.
(D) If, in the judgment of the city, any owner, manager, supervisor, or person in charge of any installation is found to be in non-compliance with the provisions of this subchapter neglects their responsibility to correct any violation, it may result in discontinuance of water service until compliance is achieved.
(E) Failure of a customer (or certified tester on behalf of a customer) to submit any record required by this subchapter, or the submission of falsified reports/records may result in a civil penalty of up to $1,000 per violation assessed against the customer. If a certified backflow prevention assembly tester submits falsified records to the city, the city shall take the necessary actions to revoke certification to test backflow prevention assemblies within the potable water system for a time period not to exceed five years. The tester will then be required to complete an approved certification course to acquire a new certification. Falsification made to records/reports after becoming re-certified shall result in the permanent revocation of backflow testing certification, in addition to a civil penalty (as stated herein).
(F) Enforcement of this program shall be administered by the Director of Water Resources or his or her authorized representative.
(G) Requests for extension of time shall be made in writing to the Director of Water Resources or his or her authorized representative. All other appeals shall be made in accordance with the following procedures:
(1) Adjudicatory hearings. A customer assessed a civil penalty under this section shall have the right to an adjudicatory hearing before a hearing officer designated by the Director of Water Resources upon making written demand, identifying the specific issues to be contended, to the Director of Water Resources within 30 days following notice of final decision to assess a civil penalty. Unless such demand is made within the time specified herein, the decision on the civil penalty assessment shall be final and binding.
(2) Appeal hearings. Any decision of the city hearing officer made as a result of an adjudicatory hearing held under division (G)(1) above may be appealed by any party to the City Manager upon filing a written demand within ten days of receipt of notice of the decision. Hearings held under this section shall be conducted in accordance with the city’s hearing procedures. Failure to make written demand within the time specified herein shall bar further appeal. The City Manager shall make a decision on the appeal within 90 days of the date the appeal was filed and shall transmit a written copy of his or her decision by registered or certified mail.
(3) Official record. When a final decision is issued under division (G)(2) above, the city shall prepare an official record of the case that includes:
(a) All notices, motions, and other like pleadings;
(b) A copy of all documentary evidence introduced:
(c) A certified transcript of all testimony taken, if testimony is transcribed. If testimony is taken and not transcribed, then a narrative summary of any testimony taken;
(d) A copy of the final decision of the City Manager.
(4) Any customer against whom a final decision of the city is entered, pursuant to the hearing procedure under division (G)(2) above, may appeal the order or decision by filing a written petition for judicial review within 30 days after receipt of notice by certified mail of the order or decision to the General Court of Justice of Lincoln County or of the county where the order or decision is effective, along with a copy to the city. Within 30 days after receipt of the copy of the petition of judicial review, the city shall transmit to the reviewing court the original or a certified copy of the official record, as outlined.
(Ord. O-10-24, passed 8-1-2024)
(A) Generally. Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(Prior Code, § 8-42) (Ord. passed 11-6-1986)