PENDING ORDINANCE
Ordinance # 11122019-001
AN ORDINANCE OF MYTON CITY, UTAH, ESTABLISHING CROSS CONNECTION CONTROLS FOR MYTON CITY MUNICIPAL WATER; AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF MYTON CITY, UTAH AS FOLLOWS:
Section I.  Recitals
WHEREAS, Myton City (herein “City”) is a municipal corporation duly organized and existing under the laws of the State of Utah; and,
   WHEREAS, the City Council finds that in conformance with Utah Code (“UC”) §10-3-704, and §10-3-717, the governing body of the City may exercise all administrative powers by resolution or ordinance; and,
   WHEREAS, the City Council finds that in conformance with UC §10-3-702, the governing body of the city may pass any ordinance to regulate, require, prohibit, govern, control or supervise any activity, business, conduct or condition authorized by State law or any other provision of law; and,
WHEREAS, the City Council finds that the City has authority to protect the public health, welfare, and sanitation; and
WHEREAS, the City Council finds that it is necessary to protect the water supply of Myton City Corporation fromcontamination or pollution from any cross connections exiting or potential, and to assure that approved backflow prevention assemblies are tested when put into service and at least on an annual basis thereafter; and
WHEREAS, this City Council finds that this ordinance is in compliance with Section R309.105.12 of the Utah Public Drinking Water Rules (UPDWR) and the Plumbing Code as adopted by the State of Utah; and
WHEREAS, the City Council finds that the installation or maintenance of any unprotected cross connection would endanger the water supply of Myton City Corporation, and that any such cross connection now existing or hereafter installed shall be immediately controlled or eliminated; and
 
WHEREAS, the City Council finds that the control or elimination of cross connections and the criteria for determining degree of hazard and prescribing appropriate levels of protection shall be in accordance with the Plumbing Code as adopted by the State of Utah and the UPDWR; and
WHEREAS, the City Council finds that water service provided to any premise shall be contingent upon the customer providing appropriate cross connection control if determined necessary; and
WHEREAS, the City Council finds that determinations and enforcement of cross connection control shall be the responsibility of Myton City Water and Wastewater Maintenance in conjunction with the Myton City Building Department; and
WHEREAS, the City Council finds that water service may be refused or terminated to any premises where an unprotected cross connection may allow contamination or pollutants to backflow into the public drinking water system; and
 
WHEREAS, the City Council finds that authorized employees of Myton City Corporation with proper identification, shall have free access at reasonable hours of the day, to all areas of a premise or building to which drinking water is supplied for the purpose of conducting hazard assessment surveys; and
WHEREAS, the City Council finds that water service may be refused or terminated or maximum backflow protection may be required, to premises where City employees’ access to perform surveys is denied, or where unprotected cross connections are located, or in the event that installed assemblies are not tested and maintained as required by State and local regulations; and
 
WHEREAS, the City Council finds that before any water service is terminated to premises with unprotected cross connections, a due process of notifying the customer and providing a reasonable time for compliance to be achieved will be observed according to the operating procedures of Myton City Corporation. However, in the event of an actual backflow incident which endangers the public health, water service may be terminated immediately and not be restored until the cross connection is either eliminated or adequately protected; and
 
WHEREAS, the City Council finds that the public safety, health and welfare is at issue in this matter and requires action by the City as noted above;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF MYTON CITY, UTAH that the following provisions be, and the same are hereby, adopted:
 
Section II.  Policy
CROSS CONNECTION CONTROL – GENERAL POLICY
 
1.1 Purpose:
1.1.1   To protect the public drinking water supply of Myton City Corporation fromthe possibility of contamination or pollution by requiring compliance with the Utah State Rules for Public Drinking Water Systems and the Plumbing Code as adopted by the State of Utah, that require a cross connection control protection of all public drinking water systems in the State of Utah. Compliance with these minimum safety codes will be considered reasonable diligence for the prevention of contaminants or pollutants which could backflow into the public drinking water system; and,
 
1.1.2   To promote the reasonable elimination or control of cross connection in the plumbing fixtures and industrial piping system(s) of the consumer, as required by the state and plumbing regulations to assure water system safety; and,
 
1.1.3   To provide for the administration of a continuing program of backflow prevention which will systematically examine risk and effectively prevent the contamination or pollution of the drinking water system.
 
1.2 Responsibility: Drinking Water Purveyor
1.2.1   Myton City Corporation shall be responsible for the protection of the drinking water distribution system from the foreseeable condition leading to the possible contamination or pollution of the drinking water system due to the backflow of contaminants or pollutants into the drinking water supply.
 
1.2.2   Drinking water system surveys/inspections of the consumer’s water distribution system(s) shall be conducted or caused to be conducted by individuals deemed qualified by and representing Myton City Corporation. Survey records shall indicate compliance with the State of Utah Regulations. All such records will be maintained by Myton City Corporation.
           
1.2.3   Myton City Corporation shall schedule and notify in writing, all consumers ofthe need for the periodic system survey to insure compliance with exiting applicable minimum health and safety standards.
 
1.2.4   Selection of an approved backflow prevention assembly for containment control required at the service entrance shall be determined from the results of the system survey.
 
1.3 Responsibility: Consumer
1.3.1   To comply with this ordinance as a term and condition of water supply and consumer’s acceptance of service is admittance of his/her awareness of his/her responsibilities as a water system user.
 
1.3.2   It shall be the responsibility of the consumer to purchase, install, and arrange testing and maintenance of any backflow prevention device/assembly required to comply with this ordinance. Failure to comply with this ordinance shall constitute grounds for discontinuation of service.
 
1.4 Responsibility: Plumbing Official
1.4.1   The plumbing official’s responsibility to enforce the applicable sections of the plumbing code begins at the point of service (downstream or consumer side of the meter) and continues throughout the length of the consumer’s water system.
 
1.4.2   The plumbing official will review all plans to ensure that unprotected cross connections are not an integral part of the consumer’s water system.  If a cross connection cannot be eliminated, it must be protected by the installation of an air gap or an approved backflow prevention device/assembly, in accordance with the Plumbing Code as adopted by the State of Utah.
 
1.5 Responsibility: Certified Backflow Technician, Surveyor, or Repair Person
1.5.1   Whether employed by the consumer or a utility to survey, test, repair, or maintain backflow prevention assemblies the Certified Backflow Technician, Surveyor, or Repair Person will have the following responsibilities:
 
a.       Insuring that acceptable testing equipment and procedures are used for testing, repairing, or overhauling backflow prevention assemblies.
 
b.       Make reports of such testing and/or repairs to the consumer and the water purveyor on form approved for such use by the water purveyor within time frames as described by the Division of Drinking Water.
 
c.       Include the list of materials or replacement parts being used of the reports.
 
d.       Insuring that replacement parts are equal in quality to parts originally supplied by the manufacturer of the assembly being repaired.
 
e.       Not changing the design, material or operational characteristics of the assembly during testing, repair or maintenance.
 
f.         Performing all test of the mechanical devices/assemblies and shall be responsible for the competence and accuracy of all test and reports.
 
g.       Insuring that his/her license is current, the testing equipment being used is acceptable to the State of Utah, and is in proper operating condition.
 
h.       Being equipped with, and competent to use, all necessary tools, gauges, test tags, and other equipment necessary to properly test, and maintain backflow prevention assemblies.
 
i.         Tagging each double check valve, pressure vacuum breaker, reduced pressure backflow assembly and high hazard air gap, showing the serial number date tested and by whom. The certified technician’s license number must also be on the tag.
 
1.5.2   Responsibility: Repair of backflow assemblies
In the case of a consumer requiring an assembly to be tested, any currently Certified Backflow Technician is authorized to make the test and report the results to the consumer and the water purveyor. Any installation repair or relocation shall be done with individuals having appropriate licensure from the department of licensing.
 
CROSS CONNECTION CONTROL – DEFINITIONS
 
2.1     Water Purveyor:The person designated to be in charge of the Water Department of Myton City Corporation, is invested with the authority and responsibility for the implementation of an effective cross connection control program and for the enforcement of the provisions of this ordinance.
 
2.2     Approved Backflow Assembly: An assembly accepted by the Utah State Department of Environmental Quality, Division of Drinking Water, as meeting and applicable specification or as suitable for the proposed use.
 
2.3     Auxiliary Water Supply: Any water supply on or available to the premises other than the purveyor’s public water supply will be considered as an auxiliary water supply. These auxiliary waters may include water from another purveyor’s public potable water supply or any natural source(s) such as a s well, spring, river, stream, etc., or “used waters” or “industrial fluids”. These waters may be contaminated or polluted or they may be objectionable and constitute an unacceptable water source over which the water purveyor does not have authority for sanitary control.
 
2.4     Backflow:The reversal of the normal flow of water caused by wither back-pressure or back siphonage.
 
2.5     Back-Pressure: The flow of water or other liquids, mixtures, or substances from a region of high pressure to a region of lower pressure into the water distribution pipes of a potable water supply system from any source(s) other than the intended source.
 
2.6     Back-Siphonage: The flow or water or other liquids, mixtures, or substances under vacuum conditions into the distribution pipes of a potable water supply system from any source(s) other than the intended source, caused by the reduction of pressure in the potable water system.
 
2.7     Backflow Prevention Assembly:An assembly or means designed to prevent backflow. Specifications for backflow prevention assemblies are contained within the Plumbing Code as adopted by the State of Utah and in the Cross Connection Control Program for Utah maintained by the Division of Drinking Water.
 
2.8     Cross Connection: Any physical connection or arrangement of piping or fixtures which may allow non-potable water or industrial fluids or other material of questionable quality to come into contact with potable water inside a water distribution system. This would include temporary conditions, such as swing connections, removable sections, four way plug valves, spools, dummy sections of pipe, swivel or change-over devices or sliding multiport tubes or other plumbing arrangements.
 
2.9     Contamination: Means a degradation of the quality of the potable water supply by sewage industrial fluids or waste liquids, compounds or other materials that may create a health hazard.
 
2.10    Cross Connection-Controlled: A connection between a potable water system and a non-potable water system with an approved backflow prevention assembly properly installed and maintained so that it will continuously afford the protection commensurate with the degree of hazard.
 
2.11    Cross Connection-Containment: The installation of an approved backflow assembly at the water service connection to any customer’s premises where it is physically and economically infeasible to find permanently eliminate or control all actual or potential cross connection within the customer’s water distribution system; or, it shall mean the installation of an approved backflow prevention assembly on the service line leading to and supply a portion of a customer’s water distribution system; or, it shall mean the installation of a portion of a customer’s water system where there are actual or potential cross connections which cannot be effectively eliminated or controlled at the point of the cross connection (isolation).
 
CROSS CONNECTION CONTROL – REQUIREMENTS
 
3.1     Policy:
3.1.1   No water service connection to any premises shall be installed or maintained by the Water Purveyor unless the water supply is protected as required by State laws, regulations, codes, and this ordinance shall be discontinued by the water purveyor after due process of written notifications of violation and an appropriate time suspense for voluntary compliance, if:
 
a.       A backflow prevention assembly required by this ordinance for the control of backflow and cross connections is not installed, tested, and maintained, or
 
b.       If it is found that a backflow prevention assembly has been removed or by-passed, or
 
c.       If an unprotected cross connection exists on the premises, or
 
d.       If the periodic system survey has not been conducted.
           
Service will not be restored until such conditions or defects are corrected.
 
3.1.2   The customer’s system(s) shall be open for inspection at all reasonable times to authorized representatives of the water purveyor to determine whether cross connections or other structural or sanitary hazards, including violation of this ordinance exist and to audit the results of the required survey (R309.105.12 of the Utah Administrative Code).
 
3.1.3   Whenever the public water purveyor deems a service connection’s water usage contributes a sufficient hazard to the water supply, and approved backflow prevention assembly shall be installed on the service line of the identified consumer’s water system, at or near the property line or immediately inside the building being served; but, in all cases, before the first branch line leading off the service line.
 
3.1.4   The type of protective assembly required under subsection 3.1.3, shall depend upon the degree of hazard which exist at the point of cross connection (whether direct or indirect), applicable to local and state requirements or resulting from the required survey.
 
3.1.5   All presently installed backflow prevention assemblies which do not meet the requirements of this section but were approved assemblies for the purposes described herein at the time of installation and which have been properly maintained, shall, except for the inspection and maintenance requirements under subsection 3.1.6, be excluded from the requirements of these rules so long as the water purveyor is assured that they will satisfactorily protect the public water system. Whenever the existing is moved from the present location or requires more than minimum maintenance or when the water purveyor finds that the operation or of this assembly constitutes a hazard to health, the unit shall be replaced by an approved backflow prevention assembly meeting all local and state requirements.
 
3.1.6   It shall be the responsibility of the consumer at any premises where backflow prevention assemblies are installed to have certified surveys; inspections, and operational test made at least once per year at the consumer’s expense. In those instances where the Public Water Purveyor deems the hazard to be great, he may require certified surveys/inspections and test at a more frequent interval. It shall be the duty of the purveyor to see that thee test are made according to the standards set forth by the State Department of Environmental Quality, Division of Drinking Water.
 
3.1.7   All backflow prevention assemblies shall be tested within ten (10) working days of installation.
 
3.1.8   No backflow prevention assemblies shall be installed so as to create a safety hazard. (Example: Installed over an electrical panel, steam pipes, boilers, or above ceiling level).
 
3.2     Violation of this Policy:
If violation of this ordinance exists if there has not been any corrective action taken by the consumer within ten (10) days of the written notification of the deficiencies noted within the survey or test results, then the water purveyor shall deny or immediately discontinue service to the premises by providing a physical break in the service line until the customer has corrected the condition(s) in conformance with all State and local regulations and statutes relating to plumbing, safe drinking water suppliers, and this ordinance.
 
The foregoing Recitals are fully incorporated herein.
Section III.    Repealer of Conflicting Enactments:
All orders, ordinances and resolutions regarding the changes enacted and adopted which have heretofore been adopted by the City, or parts thereof, which conflict with this Ordinance, are, for such conflict, repealed, except this repeal shall not be construed to revive any act, order, resolution, ordinance or part thereof, heretofore repealed.
Section IV.  Savings Clause: 
   If any provision of this Ordinance shall be held or deemed to be or shall be invalid, inoperative or unenforceable for any reason, such reason shall render no other provision or provisions invalid, inoperative or unenforceable to any extent whatever, this Ordinance being deemed to be the separate independent and severable act of the City Council of Myton City.
Section V.    Prior Ordinances and Resolutions:
   The body and substance of all prior Ordinances and Resolutions, with their provisions, where not otherwise in conflict with this Ordinance, are reaffirmed and readopted.
 
   BE IT FURTHER ORDAINED this Ordinance shall become effective on the _12___ day of _____November__________, 2019 and after publication or posting as required by law.
 
DATED this ____ day of ____________, 2019.
 
                                                               
                                                                MYTON CITY, a municipal corporation
by: _______________________________
                                                                        Mayor Kathleen Cooper
Attested and recorded
__________________________   
Kalecia Fowler, City Recorder