(a) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) AIR GAP SEPARATION. 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 the receptacle.
(2) APPROVED. A backflow prevention device or method has been accepted by the supplier of water and the Director as suitable for the proposed use.
(3) AUXILIARY WATER SYSTEM. Any water system on or available to the premises other than the public water system and includes the water supplied by the system. These auxiliary water systems shall include water from another supplier's public water system; water from a source such as wells, cisterns, open reservoirs, lakes or streams; process fluids; or used water. Any water source that is equipped with pumps, or prime movers including gravity is included. They may be polluted, contaminated, or objectionable or constitute a water source or system over which the supplier of water does not have control.
(4) BACKFLOW. The flow of water or other liquids, mixtures, or substances into the distributing pipes of a potable water supply from any source other than the intended source of the potable water supply.
(5) BACKFLOW PREVENTION DEVICE. Any device, method, or type of construction intended to prevent backflow into a potable water system.
(6) BOOSTER PUMP. Any device which is intended to increase the in-line water pressure.
(7) CONSUMER. The owner or person in control of any premises supplied by or in any manner connected to the public water system.
(8) CONSUMER'S WATER SYSTEM. Any water system, located on the consumer's premises, supplied by or in any manner connected to the public water system. A household plumbing system is considered to be a consumer's water system.
(9) CONTAMINATION. An impairment of the quality of the water by sewage or process fluid or waste to a degree which could create an actual hazard to the public health through poisoning or through spread of disease by exposure.
(10) CROSS CONNECTION. Any arrangement whereby backflow can occur.
(11) DEGREE OF HAZARD. A term derived from an evaluation of the potential risk to health and the adverse effect upon the potable water system.
(12) DIRECTOR. The Director of Environmental Protection in Ohio or his or her duly authorized representative.
(13) DOUBLE CHECK VALVE ASSEMBLY. An assembly composed of two single, independently acting check valves including tightly closing shutoff valves located at each end of the assembly and suitable connections for testing the watertightness of each check valve.
(14) HEALTH HAZARD. Any condition, device, or practice in a water system or its operation that creates, or may create, a danger to the health and well being of users. The word SEVERE as used to qualify HEALTH HAZARD means a hazard to the health of the user that could reasonably be expected to result in significant morbidity or death.
(15) INTERCHANGEABLE CONNECTION. An arrangement or device that will allow alternate but not simultaneous use of two sources of water and includes an approved reduced pressure principle backflow prevention assembly (reduced pressure zone device RPZ) on the public water system side of the connection.
(16) NON-POTABLE WATER. Water not safe for drinking, personal or culinary use.
(17) PERSON. The state, any political subdivision, public or private corporation, individual, partnership or other legal entity.
(18) POLLUTION. The presence in water of any foreign substance that tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such waters for domestic use.
(19) POLLUTION HAZARD. A condition through which an aesthetically objectionable or degrading material which is not dangerous to the public water system or health of users, may enter the public water system or a portion of a potable consumer's water system.
(20) POTABLE WATER. Water which is satisfactory for drinking, culinary, and domestic purposes and meets the requirements of the Environmental Protection Agency.
(21) PREMISES. Any building, structure, dwelling or area containing plumbing or piping supplied from a public water system.
(22) PROCESS FLUIDS. Any fluid or solution which 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 public or a potable consumer water system. This includes but is not limited to:
A. Polluted or contaminated waters;
B. Process waters;
C. Used waters originating from the public water system which may have deteriorated in sanitary quality;
D. Cooling waters;
E. Contaminated natural waters taken from wells, lakes, streams, or irrigation systems;
F. Chemicals in solution or suspension;
G. Oils, gases, acids, alkalis, and other liquid and gaseous fluids used in industrial or other processes, or for fire fighting purposes.
(23) PUBLIC WATER SYSTEM. The meaning ascribed to such term in O.A.C. 3745-81-01.
(24) REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION DEVICE: A device containing a minimum of two independently acting check valves together with an automatically operated pressure differential relief valve located between the two check valves. During normal flow and at the cessation of normal flow, the pressure between these two 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 shutoff valves located at each properly located test cocks.
(25) SERVICE CONNECTION. The terminal end of a service line from the public water system. If a meter is installed at the end of the service, then the service connection means the downstream end of the meter.
(26) SEVERE HEALTH HAZARD. A health hazard to users that could reasonably be expected to result in significant morbidity or death.
(27) SUPPLIER OF WATER. The owner or operator of a public water system or the representatives of the owner; in this case the Village of Middleport, Ohio.
(28) SYSTEM HAZARD. A condition posing an actual or potential threat of damage to the physical properties of the public water system or a potable consumer's water system.
(29) USED WATER. Any water supplied by a supplier of water from a public water system to a consumer's water system after it has passed through the service connection and is no longer under the control of the supplier.
(30) WATER SYSTEM. Means a system for the provision of piped water or process fluids, and includes any collection, treatment, storage or distribution facilities used primarily in connection with such system.
(31) WEEP HOLES. Means a series of small diameter holes located in the wall of the supply pipe for a yard hydrant that allow for drainage of accumulated water from the delivery piping. These holes are usually part of a plunger and valve system that seals off the holes during water usage and opens the holes during shutdown. These openings are located below ground level and below the frost line in areas where the threat of freezing exists.
(32) YARD HYDRANT. Means a device that is located outside of a building, equipped with a valved mechanism that controls the delivery of potable water, and is not designed to supply a fire department pumper.
(b) Prohibitions.
(1) No person shall install or maintain a water service connection to any premises where actual or potential cross-connections to a public water system may exist unless such actual or potential cross-connections are abated or controlled to the satisfaction of the supplier of water.
(2) No person shall install or maintain any connection whereby water from an auxiliary water system may enter a public water system or potable consumer's water system unless the auxiliary water system and the method of connection and use of such system shall have been approved by the supplier of water and by the Director of the Ohio Environmental Protection Agency as required by Ohio R.C. 6109.13.
(c) Surveys and Investigations.
(1) Each person making application for connection to the public water Supply system or executing a service contract with the supplier of water shall conduct or cause to be conducted a survey of water use practices within the consumer's premises to determine whether there are actual or potential cross-connections to the consumer's water system through which contaminants or pollutants could backflow into the public water system.
(2) The supplier of water, or his or her authorized representative, shall have the right to enter premises served by the public water system at all reasonable times for the purpose of making surveys and investigations of water use practices within the premises. Any customer refusing access to the supplier of water, or his or her authorized representative at any reasonable time shall have water service terminated immediately until such time as the supplier of water shall have access to enter premises served by the public water system, inspect customers system, and certify the system is in compliance.
(3) On request by the supplier of water or his or her authorized representative, the consumer shall furnish the supplier, or his or her authorized representative, information on water use practices within consumer's premises verbally and in writing.
(4) Subsection (c)(1) does not relieve the consumer of the responsibility for conducting, or causing to be conducted, periodic surveys of water use practices on his or her premises to determine whether there are actual or potential cross-connections in the consumer's water system through which contaminants or pollutants could backflow into a public water system or a potable consumer's water system.
(d) Certification.
(1) Each applicant for water service shall certify to the supplier of water, prior to issuance of a connection permit or acceptance of a utility service agreement, that no actual or potential cross-connections to the public water system exist on applicant's premises or that any such actual or potential cross-connections are abated or controlled to the satisfaction of the supplier of water.
(2) The supplier of water shall determine the certification method to be used, which shall include one or more of the following:
A. Submission of a signed certification to the supplier of water from the applicant for service in conjunction with the utility service agreement.
B. Submission of plumbing plans approved in accordance with state and local building codes to the supplier of water prior to issuance of a service connection permit.
C. Purchase and installation of an approved backflow prevention device in accordance with the provisions of this chapter.
D. Written certification from the Director of the Ohio Environmental Protection Agency to the supplier of water that the applicant's service connection is exempt from regulation under this chapter.
(e) Where Protection Is Required.
(1) An approved backflow prevention device shall be installed on each service line to a consumer's water system serving premises, where in the judgment of the supplier of water or the Director of the Ohio Environmental Protection Agency, a pollutional, system, health or severe health hazard to the public water system exists.
(2) An approved backflow prevention device shall be installed on each service line to a consumer's water system serving premises where the following conditions exist:
A. Premises having an auxiliary water system;
B. Premises on which any substance is handled in such a fashion as to create an actual or potential hazard to a public water system, including premises having sources or systems containing process waters or fluids or waters originating from a public water system which are no longer under the control of the supplier of water;
C. Premises having internal cross-connections that, in the judgment of the supplier of water, are not correctable or intricate plumbing arrangements which make it impracticable to determine whether or not cross-connections exist;
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;
F. Others specified by the supplier of water or the Director of the Ohio Environmental Protection Agency.
(3) An approved backflow prevention device shall be installed on each service line to a consumer's water system serving, but not necessarily limited to, the following types of facilities:
A. Hospitals, mortuaries, clinics, nursing homes;
B. Laboratories;
C. Piers, docks, waterfront facilities;
D. Sewage treatment plants, sewage pumping stations, or 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 plant or nuclear reactors;
J. Car washes;
K. Others specified by the supplier of water or the Director of the Ohio Environmental Protection Agency.
(4) An approved backflow prevention device shall be installed at any point of connection between a public water supply system or a potable consumer's water system and an auxiliary water system.
(f) Type of Protection Required.
(1) The type of protection required shall depend on the degree of hazard which exists as follows:
A. An approved air gap separation shall be installed where the public water system may be contaminated with substances that could cause a severe health hazard;
B. An approved air gap separation or an approved reduced pressure principle backflow prevention device shall be installed where the public water system may be contaminated with any substance that could cause a system or health hazard;
C. An approved air gap separation or an approved reduced pressure principle backflow prevention device or an approved double check valve assembly shall be installed where the public water system may be polluted with any substance that could cause a pollutional hazard.
(2) An approved air gap separation or an approved interchangeable connection backflow prevention device shall be installed at any point of connection between a public water system or a potable consumer's water system and an auxiliary water system.
(g) Backflow Prevention Devices.
(1) All backflow prevention devices shall be of a model or construction approved by the Director of the Ohio Environmental Protection Agency and the supplier of water.
(2) Any backflow prevention device required under the provisions of this chapter shall be installed at a location and in a manner approved by the supplier of water and shall be installed by and at the expense of the water consumer.
(3) It shall be the duty of the consumer, on any premises on which backflow prevention devices are required and installed, to have thorough inspections and operational tests made of the devices at least once per year on the date designated by the supplier of water. These inspections and tests shall be at the expense of the water consumer and shall be performed by a person qualified to inspect and test backflow prevention devices. It shall be the duty of the supplier of water to see that these inspections and tests are made. These devices shall be repaired, overhauled or replaced at the expense of the consumer whenever they are found to be defective. Records of inspections, tests, repairs and overhaul shall be kept by the consumer and mailed to the supplier of water within 14 business days. The Director of the Ohio Environmental Protection Agency or the supplier of water shall have access to the owner(s) property for inspections of any backflow device(s) or possible cross connections at any reasonable time to protect public health or safety without any interference or hindrances of the owner(s).
(h) Booster Pumps.
(1) No person shall install or maintain a water service connection to any premises where a booster pump has been installed on the service line to or within such premises, unless such booster pump is equipped with a low pressure cut-off designed to shutoff the booster pump when the pressure in the service line on the suction side of the pump drops to ten pounds per square inch gauge or less.
(2) It shall be the duty of the water consumer to maintain the low pressure cut- off device in proper working order and to certify to the supplier of water on the date designated by the supplier of water by mail, at least once a year, that the device is operable and maintained in continuous operation.
(i) Yard Hydrants. The installation of yard hydrants where water is connected to the public water supply or is available or accessible for drinking or culinary purposes and having drip openings below ground surface is prohibited, unless the customer's service has an approved reduced pressure principle backflow device that has been approved by the water supplier and the Director and inspected. All backflow devices must be approved by the water supplier and the Director, such hydrants shall be equipped with approved devices to prevent entrance of ground water into chambers connected to the water supply.
(j) Miscellaneous.
(1) Any customer refusing access to the water meter for any reason during any reasonable times by the water supplier or the Director shall have water service immediately terminated and service shall not be restored until such time that the customer agrees to allow access to the water meter during any reasonable times by the supplier of water or the Director.
(2) Any customer found tampering, adjusting, accessing, opening the meter pit or bypassing the water meter shall have water service immediately terminated and service shall not be restored until such time that the customer agrees to make any changes in the security of the customers water meter at the customers expense that the supplier of water or the Director dictates to them in writing.
(3) Fire hydrants shall be used for flushing water mains and for fire protection only. Any person, business, corporation, or anyone other than a Legal Fire Department or employees of the supplier of water accessing fire hydrants without written permission from the Middleport Village Administrator shall be prohibited and shall be subject to prosecution. If written permission is granted, the person, business, corporation, or anyone else must have, at their own expense, an approved reduced pressure principle backflow prevention device approved by the supplier of water or the Middleport Village Administrator and, in addition, may be required to furnish a water meter approved by the supplier of water and may be billed for all water used at the discretion of the supplier of water.
(4) All required documentation under the “Backflow Prevention and Cross Connection Control Ordinance" shall be mailed or hand delivered to Middleport Public Works, 237 Race Street, Middleport, Ohio 45760. All copies shall be easily legible and be suitable for photocopying. Any copies not easily legible shall be considered not in compliance and invalid. Faxed copies of any documentation shall be considered not in compliance and invalid. All certification forms used in the certification of backflow devices shall meet the approval of the supplier of water.
(k) Time Limits.
(1) All existing water services that are required to have an approved backflow device and currently do not have an approved backflow device will be required to install an approved backflow device and have it certified by a qualified person(s). These existing water services will be sent a notice by mail and shall be given 120 days from June 1, 2008 to comply.
(2) The existing water service(s) not in compliance after 120 days from June 1, 2008 will be sent a second notice by mail notifying them that water service will be terminated if they are not in compliance within thirty days after receiving the second notice.
(3) Any existing water service(s) that currently do not have an approved backflow device and believe they have received a notice to install an approved backflow device in error can appeal to the Village Administrator in writing before June 30, 2008. The Village Administrator and Public Works employees will set a time to meet with the owner of the existing water service to inspect water uses and connections. After the inspection, the Village Administrator shall make a judgment that the existing water service does need or does not need an approved backflow device; the Village Administrator's decision shall be final.
(4) If the existing service(s) are not in compliance thirty days after receiving the second notice, water service will be terminated and not restored until the existing service(s) are in compliance.
(5) All existing services that are required to have an approved backflow device and currently do have an approved backflow device will be required to have the approved backflow devices certified by a qualified person(s). The approved certification paperwork shall be hand delivered or mailed to the supplier of water by June 30, 2008 and shall be due again by June 30 in each succeeding year.
(6) In the event the supplier of water does not receive the certification paperwork from the existing service(s) by June 30 on the year due, the supplier of water will send a notice by mail notifying existing service(s) that water service will be terminated if they are not in compliance by July 31 of the year due.
(l) Violations.
(1) The supplier of water shall deny or discontinue, after reasonable notice to the occupant thereof, the water service to any premises wherein any backflow prevention device required by this chapter is not installed, tested and maintained in a manner acceptable to the supplier of water, or if it is found that the backflow prevention device was removed or by-passed, or if an unprotected cross-connection exists on the premises, or if a low pressure cut off on a booster pump is not installed or maintained in good working order. If the supplier of water or his or her authorized representative or the Director is denied entry to determine compliance with this chapter or any provision of the Ohio Administrative Code water service shall be immediately discontinued and not restored until the consumer has corrected or eliminated such conditions or defects in conformance with this chapter, and to the satisfaction of the supplier of water or Director and allowed inspections by the water supplier and the Director or his or her authorized representative.
(2) Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with this chapter, and to the satisfaction of the supplier of water.
(m) Penalties.
(1) Any person, firm, group or corporation, either owner or agent, committing a violation of these rules and regulations shall be subject to revocation or suspension of permits or licenses and shall be guilty of a misdemeanor and subject to a fine in accordance with the Ohio Revised Code, particularly Ohio R.C. 711.101 and 711.102. In addition, the violator of these rules and regulations shall be liable and responsible for any and all damages incurred as a result of the violation. Any violation of any section of these rules and regulations for which no penalty is specifically provided shall be punishable by a fine of not more than $200.00, with each day or act of violation considered a separate offense.
(2) Any person, firm, group or corporation, either owner or agent, committing a violation of these rules and regulations shall be subject to immediate revocation or suspension of water service.
(Ord. 31-08. Passed 5-26-08.)