No interconnection, cross connection or other joining of the culinary and irrigation systems by any existing or future water user of the Town shall be permitted, and any such interconnection shall be punishable as a Class B misdemeanor as provided in section 8-1-26 of this chapter, and the owner of record of such property shall bear all costs associated with the destruction and removal of such interconnecting device or apparatus.
A. Cross Connection Prohibited: No person shall establish or permit to be established or maintain or permit to be maintained any cross connection. No interconnection shall be established whereby potable water from a private, auxiliary or emergency water supply, other than the public water supply of the Town, may enter the potable water supply of the Town, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Town and the State.
B. Responsibility: The Town shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow of contaminants or pollutants. The Town shall charge fees according to the Town's discretion and maintains the right and privilege to adjust penalties. The penalty for cross connection shall be a Class B misdemeanor as provided in section 8-1-26 of this chapter. The Town shall provide a system for warnings and notification for cross connection threats and problems in compliance with State water safety standards (see appendix H attached to the ordinance codified herein).
C. Owner Responsibility: The property owner shall be responsible for the protection of the customer's potable water system and for the elimination of or protection from all cross connection on their premises. The owner shall, at their expense, install, maintain and test any and all backflow preventers on their premises in compliance with State standards. The property owner shall have corrected any malfunction revealed by periodic testing of any backflow preventer on their premises. The property owner shall inform the Town of any proposed or modified cross connections and also any existing cross connections that are not protected by an approved backflow prevention means. The property owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type in the bypass. Property owners who cannot shut down operation for testing of the backflow prevention assembly must supply additional assembly necessary to allow testing to take place. In the event the property owner installs potable water using fixtures, equipment or appurtenances upstream of a backflow preventer, such must have its own approved backflow prevention means. The property owner is required to follow the protection practices described in the American Water Works Association publication AWWA M14 entitled "Recommended Practice for Backflow Prevention and Cross Connection Control", and the United States Environmental Protection Agency titled "Cross Connection Control Manual", unless the Town authorizes other means of protecting the potable water system. These requirements or authorizations will be at the discretion of the Town.
D. Inspections: It shall be the duty of the Town to cause inspection to be made of all properties serviced by the Town where cross connection with the public water system is deemed possible. Residential properties serviced by the Town shall be inspected on an as needed basis. The town may, but is not required to, perform the cross connection inspection of the owner's property. If, in the opinion of the town, an inspection is not able to be performed, the property owners must, at their own expense, have the plumbing inspected for cross connections by a certified cross connection control inspector/surveyor. All nonresidential properties serviced by the town shall be inspected on an as needed basis. The town may, but is not required to, perform the cross connection inspection of the owner's property. If, in the opinion of the town, an inspection is not able to be performed, the property owner must, at their own expense, have the plumbing inspected for cross connections by a certified cross connection control inspector/surveyor who is a state licensed plumber. The frequency of required inspections and reinspections, based on potential health hazards involved, may be shortened by the town.
E. Right Of Entry: Upon presentation of credentials, representatives of the town shall have the right to request entry at any reasonable time to examine any property served by a connection to the public potable water system of the town. If entry is refused, such representatives shall obtain a special inspection warrant by local officials. Upon request, the owner, lessee or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system on such property.
F. Authority To Discontinue Service: The town is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this section exists and to take such other precautionary measures deemed necessary to eliminate any damage of contamination of the potable water system. Water service shall be discontinued if the means of backflow prevention required by the town is not installed, tested, maintained and repaired in compliance with this section and state code, or if it is found that the means of backflow prevention required by this section has been removed or bypassed. Water service shall be discontinued only after reasonable notice and opportunity for hearing, according to town policy, except as proved in subsection I of this section.
G. Reconnection Of Service: Water service to any property discontinued under the provisions of this section shall not be restored until the cross connection has been eliminated or a backflow prevention means approved by the town has been installed in compliance with the provision of this section.
H. Emergency Discontinuance Of Service: If it is determined by the town that a cross connection or an emergency endangers public health, safety or welfare and requires immediate action, service may be immediately discontinued. The owner, lessee or occupant shall have an opportunity for hearing within ten (10) days of such emergency discontinuance. Such hearing shall be before the town council and shall conform to all existing due process requirements.
I. Additional Protection: In the case of premises having: 1) internal cross connections that cannot be permanently corrected or controlled; or 2) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross connections exist, the public water system shall be protected against backflow from the premises by installing an approved backflow preventer in the service line. In the case of any premises where there is any material dangerous to health that is handled in such a manner that, in the opinion of the town, could create an actual or potential hazard to the public water system, an approved air gap separation or an approved reduced pressure principle assembly shall protect the public water system. Examples of premises where these conditions will exist include feedlots, sewage treatment plants, hospitals, mortuaries, plating plants and car wash establishments. In the case of any premises where, in the opinion of the town, an undue health threat is posed because of the presence of toxic substances, the town may require an approved air gap or reduced pressure principle assembly at the service connection to protect the public water system. This requirement will be at the discretion of the town.
J. State Code: This section does not supersede the state code, but is supplementary to it.
K. Plumbing Code: This section does not supersede the state plumbing code, but is supplementary to it. (Ord. 09-03, 10-7-2009; amd. 2016 Code)