(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AIR-GAP. An unobstructed vertical distance through atmosphere between the discharge end of a pipeline supplied from a public water supply and the overflow rim of the receiving portion of the customer water system.
COMMISSIONER. The executive and the chief administrative officer of the Indiana Department of Environmental Management.
CROSS-CONNECTION. Any physical arrangement, including cross-connection control devices not in working order, whereby a public water supply distribution system is directly connected, either continuously or intermittently, with any secondary source of supply, sewer, drain, conduit, pool, piping, storage reservoir, plumbing fixture, or other device which is capable of imparting to the public water supply, contaminants, contaminated water, sewage, or other waste or liquid of unknown or unsafe quality.
CROSS-CONNECTION CONTROL INSPECTOR. A person who has successfully completed training in testing and inspection of cross-connection control devices at an agency or school acceptable to the Commissioner of the Department of Environmental Management.
DOUBLE CHECK VALVE ASSEMBLY. A device or assembly composed of 2 tightly closing shut-off valves surrounding 2 independently acting check valves, with 4 test cocks, 1 upstream of the 4 valves and 1 between each of the 4 check and shut-off valves.
DOWNSTREAM. The normal direction of water flow from the public supply to the user. Upstream is that direction which is opposite of DOWNSTREAM.
HAZARD. The danger of public water contamination caused by chemical, bacteriological, or other sources that may, under certain conditions such as backflow, enter the public water supply system.
POTABLE WATER. Water that is suitable for drinking as determined by the requirements of the Federal Safe Drinking Water Act, being 42 U.S.C. §§ 300f et seq.
PRESSURE VACUUM BREAKER. An assembly containing an independently operating, internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. The assembly is to be equipped with properly located test cocks and tightly closing shut-off valves attached to each end of the assembly.
PRIVATE AUXILIARY SUPPLY SYSTEM. Private wells or other private water supplies which are normally entirely independent and not connected to the public water supply.
PRIVATE WATER SUPPLY SYSTEM. The lateral fire and service line to the user’s premises starting at the tap on the public water supply system and termination at the point of usage, whether for fire suppression, irrigation, or domestic usage.
PUBLIC WATER SUPPLY SYSTEM. The water mains and appurtenances, such as fire hydrants and main valves, used to distribute the potable water supply to the public, and shall terminate at the tap for lateral service to the users; the utility is the owner of the public water supply system.
REDUCED PRESSURE BACKFLOW PREVENTER. A device which is composed of 2 tightly closing shut-off valves surrounding 2 independently acting pressure-reducing check valves which in turn surround an automatic pressure differential relief valve, and 4 test cocks, 1 upstream of the 5 valves and 1 between each of the 4 check and shut-off valves. The check valves effectively divide the structure into 3 chambers; pressure is reduced in each downstream chamber allowing the pressure differential relief valve to vent the center chamber to atmosphere, should either or both check valves malfunction.
USER. The water customer or public authority using potable municipal water.
UTILITY. The New Carlisle Water Works, a municipally owned utility.
(1992 Code, § 9-65.1) (Ord. 894, § 9-65.1, passed 2-14-1995)
(B) Authority and responsibility.
(1) Utility authorized. This subchapter authorizes the utility to require certain backflow prevention devices in private water supply systems to prevent backflow into the public water supply system. It shall be the responsibility of the user to install and maintain the devices in conformance with this subchapter and other rules and regulations established by the State of Indiana.
(2) Utility sole interpreter. The utility shall be the interpreter of this subchapter and the arbiter and judge as to whether such a backflow prevention device is required. If such a backflow prevention device is required, the utility shall determine the type and the location of the device. The utility may order installation of the device by written notice to the user, under the conditions defined.
(3) Areas of application, geographic location. Inasmuch as the utility serves customers outside of the corporate limits of the town, this subchapter shall apply to all users, both urban and suburban.
(4) State Uniform Plumbing Code of interface. This subchapter supplements the uniform Indiana Plumbing Code and shall not supersede the provisions of the Plumbing Code.
(1992 Code, § 9-65.2) (Ord. 894, § 9-65.2, passed 2-14-1995)
(C) Effect of subchapter as to other laws. Where the requirements of this subchapter are more specific than the state law authorizing the enactment of these requirements, the provisions of this subchapter shall apply, but under no circumstances shall this subchapter be construed to contradict existing state law regulating this matter.
(1992 Code, § 9-65.3) (Ord. 894, § 9-65.3, passed 2-14-1995)
(D) Commercial and industrial hazards. A reduced pressure backflow preventer device shall be required for the following hazards:
(1) Manufacturers of automotive, aircraft, farm, and similar equipment;
(2) Canneries, packing, bottling, and similar plants;
(3) Laundries, car washes, dry cleaners, and similar facilities;
(4) Mortuaries, laboratories, hospitals, and medical facilities;
(5) Plating, metal, plastic, and paper product plants;
(6) Producers of chemicals, fertilizers, rubber, oil, drugs, dyes, and other similar products;
(7) Swimming pools, saunas, and solar heat systems;
(8) Any private auxiliary water supply connected to the public supply;
(9) Sewage treatment, recyclers, and similar facilities;
(10) Any facility using a booster pump to amplify the pressure of water provided by the utility;
(11) Schools with any of the above hazardous activities; and
(12) Any other commercial or industrial facility that is deemed by the utility to pose a contamination hazard.
(1992 Code, § 9-65.4) (Ord. 894, § 9-65.4, passed 2-14-1995)
(E) Irrigation systems. A reduced pressure backflow preventer, an air-gap, or an approved pressure type vacuum-breaker device shall be required for the following hazards:
(1) Lawn-irrigation systems;
(2) Similar lawn-care systems; and
(3) Garden hose spigots placed below lawn grade.
(1992 Code, § 9-65.5) (Ord. 894, § 9-65.5, passed 2-14-1995)
(F) Residential. A reduced pressure backflow preventer shall be required for the following hazards:
(1) Residents with hot water heat (boilers); the boilers should have, as per the Indiana Plumbing Code, an expansion tank and/or safety valves to prevent expansion problems; and
(2) Any residence with a private auxiliary water supply connected to the public supply through the user’s private water supply system.
(1992 Code, § 9-65.6) (Ord. 894, § 9-65.6, passed 2-14-1995)
(G) Fire service. No hazardous line shall be attached to any fire hydrant or other fire service line without an approved backflow prevention device. Permanent fire service lines shall incorporate a double check valve assembly in 100% water systems or a reduced pressure backflow preventer in chemical systems. Where domestic service is tapped into a fire line, the domestic tap shall be subject to all the provisions of this subchapter.
(1992 Code, § 9-65.7) (Ord. 894, § 9-65.7, passed 2-14-1995)
(H) Pre-existing facilities.
(1) In general, pre-existing backflow preventers will not be allowed simply because they were approved before the enactment of this subchapter. The utility will review the operation and hazard of
each facility with backflow preventers and determine acceptability based on operability and present hazard. If the backflow preventers are found unacceptable, they shall be replaced with a backflow prevention device in accordance with this subchapter.
(2) Pre-existing facilities that have no backflow prevention device and where there is a definite present hazard shall be required to install an appropriate device, regardless of whether their plumbing system was previously approved by the town.
(1992 Code, § 9-65.8) (Ord. 894, § 9-65.8, passed 2-14-1995)
(I) Location. The backflow prevention device shall be located immediately downstream of the water meter and shall not be bypassed by any means. There shall be no taps upstream of the backflow prevention device that are not protected by additional backflow prevention devices. The existence of backflow prevention devices on the user’s premises other than at this required location shall not negate the requirement at this location. Exact installation alignment and elevation requirements shall be determined by reference to 327 I.A.C. 8-10-7 and other applicable state law regulations.
(1992 Code, § 9-65.9) (Ord. 894, § 9-65.9, passed 2-14-1995)
(J) Uninterrupted service. Users needing continuous service that cannot be interrupted for testing the backflow prevention device shall install dual devices in parallel so that they can be checked separately.
(1992 Code, § 9-65.10) (Ord. 894, § 9-65.10, passed 2-14-1995)
(K) Looped taps. Heat exchange loops, intentionally returning water to the public supply, shall not be allowed. Any other loop or set of taps into a private water system allowing water to return to the public systems shall require appropriate backflow prevention devices on all taps.
(1992 Code, § 9-65.11) (Ord. 894, § 9-65.11, passed 2-14-1995)
(L) Inspection and testing.
(1) Any water user or owner of a private water supply system shall allow access to his or her facilities for inspection of their system and for testing of any backflow prevention device.
(2) If access for inspection is denied on the basis of government security or any other reason, a maximum hazard shall be assumed requiring a reduced pressure backflow prevention device.
(3) The user is required to maintain the backflow prevention devices and shall have them inspected and tested at 6- or 12-month intervals in accordance with 327 I.A.C. 8-10-8 by a certified inspector, who shall report the results to the utility and to the user. The inspection shall be at the expense of the user.
(4) All water users shall have their facility inspected by a certified inspector provided by the utility. The utility fee for inspection and testing is set forth in the Fee Schedule, Chapter 98.
(5) The user shall retain records of all testing, repair, and approval of backflow prevention devices for a 3-year period. The utility is required to retain all records of testing and repair of the devices.
(1992 Code, § 9-65.12) (Ord. 894, § 9-65.12, passed 2-14-1995)
(M) Enforcement.
(1) Noncompliance to any of the terms stated in this chapter will result in the following escalating enforcement procedures:
(a) A 30-day written notice will be sent by certified mail to the user stating the specific violation, the recommended action, the time by which the violation must be cured, and the penalty for failing to cure the violation. The notice also will inform the user of his or her right to administrative review of the specific alleged violation;
(b) A 10-day final written notice by certified mail will be sent stating the specific violation, the recommended action, the time by which the violation must be cured, and the penalty to be imposed (discontinued service) if the violation is not cured;
(c) When the user has been provided with both required notices of noncompliance and fails to cure the same as provided in the written notice, service to the user will be discontinued; and
(d) Discontinued service will consist of closing the control valve to the user’s system, and the user will incur the standard monetary penalties for delinquent shut-off. The utility will not restore service to the user until the utility has determined that the user is in compliance with the provisions of the chapter.
(2) In the event that inspection of the user’s premises or other compelling evidence shows an immediate hazard of public water supply contamination, the utility is authorized to discontinue service to that user without prior notice. Written notice shall be filed with the Clerk-Treasurer’s office and the County Health Department and a copy given to the user within 3 days of the emergency action.
(1992 Code, § 9-65.13) (Ord. 894, § 9-65.13, passed 2-14-1995)