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The consumer at each property at which containment and/or confinement device(s) have been installed, except those with devices installed in accordance with § 56.21(A) of this chapter, shall have each containment and/or confinement device(s) tested on an annual basis, and perform any routine maintenance to such device as recommended by the manufacturer, and provide the Cross Connection Coordinator with a report of that inspection and work. The consumer shall cause such maintenance, or repairs to be made, rendering the device fully operational. Failure of the consumer to perform that testing and maintenance shall be cause for the premises to be deemed an immediate public health hazard. The Town of Murphy may immediately thereafter discontinue public water supply service to that premises and service shall not be restored until such devices have been rendered operational. Where the use of water is critical to the continuance of normal operations or protection of life, property, or equipment, duplicated containment or confinement devices shall be provided by the property owner to avoid the necessity of discontinuing water service to test or repair the device or devices.
(Ord. passed 12-3-2007)
Backflow prevention assembly tests shall be conducted upon installation and annually thereafter or at a frequency established by the Town of Murphy. All RPZ, DCVA, and DCDA installations are required to be tested by a certified back-flow prevention assembly technician within ten days of installation.
(Ord. passed 12-3-2007)
Any time that repairs to backflow prevention assemblies are deemed necessary, whether through initial, annual testing, or routine inspection by the owner or by the Town of Murphy, these repairs must be completed within a specified time in accordance with the degree of hazard. In no case shall this time period exceed 30 days.
(Ord. passed 12-3-2007)
(A) Generally. Violation of any provision of this chapter shall subject the offender to a civil penalty to be recovered by the Town of Murphy in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after the assessment has become final by exhaustion of the appeal process established by this part, or by failure to appeal the assessment. The civil penalty for willful violation of any provision of this chapter shall not exceed $500 per day for each day of continuous violation or up to a cumulative maximum civil penalty of $10,000 per continuous violation. The civil penalty for willful violation of any provision of any other section of this chapter shall not exceed $1,000 per day for each day of continuous violation, up to a cumulative maximum civil penalty of $20,000 per continuous violation.
(B) Assessment. Any civil penalty shall be assessed by the town, upon the recommendation of the Cross Connection Coordinator, and shall be based upon the reasonable estimated cost of correcting the cited violation, the magnitude of the potential risk posed to the public health, safety and welfare by the violation, and the cost of the public safety or other emergency response caused by the violation. The town shall serve written notice of the civil penalty assessment on the offender and set out with reasonable care the basis of the amount so assessed.
(C) Equitable relief. An appropriate equitable remedy, including a mandatory or prohibitory injunction, issuing from a court of competent jurisdiction may endorse the provisions of this section.
(D) Enforcement option. The penalties and enforcement provisions established by this section may be applied in additional to or instead of the penalties established by other parts of this code.
(Ord. passed 12-3-2007)