All property owners and customers of the municipal water service shall comply with the following cross connection control requirements:
(A) Any private water line, system, apparatus or equipment that is connected to or has a cross-connection with the city's municipal water system shall have a backflow prevention device installed, tested, and properly maintained in accordance with the Minnesota State Plumbing Code.
(B) Prior to the installation of or the repair to any private water line, system, apparatus or equipment that is connected to or has a cross-connection with the city's municipal water system, the property owner, or the customer if different than the owner, shall notify and obtain approval for the installation or repair and the backflow prevention devices proposed to be installed.
(C) The backflow prevention device is to be owned, tested, and maintained in working condition by the customer/owner of the premises being served and shall be done so in accordance with the Minnesota State Plumbing Code.
(D) The backflow prevention device shall be tested at the intervals set forth by the Minnesota State Building Code for the type of device installed. The required test shall be performed by an ASSE/state certified backflow tester. All internal maintenance to the device shall be performed by an ASSE/state certified backflow prevention re builder. The owner/customer shall provide a certified report of the test results to the city. An ASSE certified Cross-Connection Control Surveyor is considered qualified by the City of Monticello to investigate all potable water outlets for actual or potential connections between a potable water supply and sources of contamination or pollution.
(E) (1) All properties connected to the municipal water utility system shall be subject to annual inspections by a city-designated inspector for the purpose of determining whether cross connection(s) exist and if so, whether the proper device is present on the property. The property owner or occupant shall permit the city-designated inspector on the property and within any structure thereon to complete the inspection. The compliance inspection shall occur within 30 days of written notice from the city that a compliance inspection is required on the property. The compliance inspection shall occur at a time and in the manner as reasonably determined by the city inspector.
(2) In lieu of a compliance inspection by the city-designated inspector, the property owner or occupant may have the property inspected, at the sole expense of the owner or occupant, by an ASSE certified Cross-Connection Control Surveyor who shall inspect the property and file a certificate of compliance, on a form provided by the city, within 30 days of the city's notice of the required inspection. The private ASSE certified Cross-Connection Control Surveyor who conducts the compliance inspection shall certify on the certificate of compliance whether all backflow prevention devices required on the property are installed and in proper working condition in in compliance with the provisions of this section and the Minnesota State Plumbing Code.
(3) If the property owner or occupant fails to permit or have completed a compliance inspection, the city may apply to the district court for an appropriate administrative search warrant authorizing the city to enter the property to conduct the inspection.
(4) In the event that backflow prevention device(s) is required on the property and said device(s) are not present or are not in compliance with this section, the installation or repair of the proper backflow prevention device( s) shall be completed and a second compliance inspection shall be completed within 60 days of the notice of noncompliance to determine if the necessary corrections have been made and compliance with this section has been met. The second compliance inspection shall be subject to the requirements set forth above. Thereafter, the property shall be subject to re-inspections on an annual basis to confirm continued compliance. Properties that are in compliance shall also be subject to re-inspections to confirm continued compliance.
(F) Surcharges.
(1) A surcharge in an amount duly adopted by City Council resolution and set forth in the city's fee schedule shall be assessed against the property on which backflow prevention devices (or lack thereof) in violation of this section. The surcharge will be charged on the property's municipal utility billing statement. A surcharge will be assessed and charged as follows:
(a) An inspection as required herein has not been allowed by the property owner or occupant or a certificate of compliance has not been filed with the city within 30 days after the city's notice of inspection;
(b) The necessary corrections have not been made within the time specified; and
(c) The property owner or occupant has failed to install, replace or repair any and all backflow prevention device(s) at the city's or a court's direction.
(2) A surcharge will be assessed for every billing period during which the property is not in compliance, whether the non-compliance has existed for the entire billing period or a portion thereof.
(G) The city may impose a fee for administering a backflow preventer testing program which shall be as established by City Council resolution.
(H) Failure to comply with the provisions of this section shall be cause to disconnect municipal water service to the property in accordance with this chapter.
(Ord. 743, passed 7-27-2020)