§ 50.035 CROSS-CONNECTION CONTROL/ BACKFLOW PREVENTION.
   (A)   Authority. In accordance with the State Safe Drinking Water Act (1976 Code of Laws of South Carolina, Section 44-55-10 et seq.), add the South Carolina Primary Drinking Water Regulations promulgated by the S. C. DHEC (Regulation 61-58), the town shall adopt a cross-connection control/backflow prevention program.
   (B)   Goals. The general goals of the cross-connection control/backflow prevention program shall be:
      (1)   To protect and maintain the public water supply and distribution system of the town so as to continuously provide safe and potable water in sufficient quantity and pressure and free from potential hazards to the health of its users.
      (2)   To facilitate the elimination or control of any existing, unprotected cross-connections between the water system of the town and any other water system(s), sewers, or waste lines, or any piping systems or containers containing polluting substances.
      (3)   To provide for the establishment and maintenance of a continuing program of cross-connection control which will effectively prevent the contamination or pollution of the potable water supply system by cross-connection.
   (C)   Definitions. 
      (1)   APPROVED. Accepted by the town or its authorized representative as meeting the required standards or specifications, or as suitable for the proposed use.
      (2)   BACKFLOW. The undesirable reversal of the flow of water or other liquids, mixtures, gases, or other substances into or towards the distribution piping of a potable supply of water from any source or sources.
      (3)   BACKFLOW PREVENTER. Any device or means approved by DHEC for use in preventing backflow under its prescribed limited conditions and design for use. These devices consist of: air gap, reduced pressure backflow preventer, double check valve assembly, pressure vacuum breaker, atmospheric vacuum breaker, hose bib vacuum breaker, residential dual check, double (or dual) check with intermediate atmospheric vent.
         (a)   AIR GAP. A physical separation sufficient to prevent backflow between the free-flowing discharge end of the potable water system and any other system, vessel, vat, tank, etc. This physical separation must be a minimum of twice the diameter of the supply side pipe diameter, but never less than one inch. This method or device is approved for use on high hazard category cross connections.
         (b)   ATMOSPHERIC VACUUM BREAKER. A device which prevents back-siphonage by creating an atmospheric vent in the line when the
supply line pressure falls to atmospheric (zero) or below, thereby creating a vacuum or negative pressure. This device is approved for use on low and (intermediate) hazards where only back-siphonage is being addressed.
         (c)   DOUBLE CHECK VALVE ASSEMBLY. An assembly of two independently operating spring or weight loaded check valves with tightly closing shut off valves on each end of the check valves, plus properly located test cocks for the testing of each check valve. This device is approved for use on low hazard category cross-connections.
         (d)   DOUBLE (OR DUAL) CHECK VALVE WITH INTERMEDIATE ATMOSPHERIC VENT. A device having two spring loaded check valves which are separated by an atmospheric vent. This device is only available in small sizes through (3/4"). It has no test cocks or gate valves, and is usually used for internal protection. This device is approved for low to (intermediate) hazard category cross-connections.
         (e)   HOSE BIB VACUUM BREAKER. A device which is permanently attached to a hose bib and which acts as an atmospheric vacuum breaker. It is normally approved for low hazard category cross-connections, back-siphonage only.
         (f)   PRESSURE VACUUM BREAKER. A device which is identical to the atmospheric vacuum breaker except that it is equipped with two tightly closing shut-off valves and an internal spring which allows it to be installed under continuous pressure. This device is only approved for use against back-siphonage backflow where low (to intermediate) category hazards exist.
         (g)   REDUCED PRESSURE BACKFLOW PREVENTER. An assembly consisting of two independently operating approved check valves with an automatically operating differential relief valve located between the check valves. Tightly closing shut-off valves are located on each end of the check valves, and properly located test cocks are positioned for the testing of the check valves and the relief valve. This device is approved for high hazard category cross-connections, and may never be installed in a location or manner which will subject the device to possible flooding or allow the relief valve to become submerged under water.
         (h)   RESIDENTIAL DUAL CHECK. A device with two independently operating check valves. This device is not equipped with shut-off valves or test cocks, and is approved for low hazard category cross connections. Residential dual checks are normally employed as a containment device installed at or in the service connection meter box.
      (4)   CERTIFIED TESTER. Any person holding an up-to-date backflow prevention device tester certification card issued by DHEC.
      (5)   CONTAINMENT. A method of backflow prevention which requires a backflow preventer at the water service connection entrance (usually immediately downstream of the water meter).
      (6)   CONTAMINANT. Any physical, chemical, biological, or radiological substance or matter in water, impairing the quality of the water.
      (7)   CROSS CONNECTION. Any actual or potential connection or structural arrangement between a public water supply and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections.
      (8)   DHEC. The South Carolina Department of Health and Environmental Control, including personnel authorized to act on behalf of the Department.
      (9)   DIRECTOR. The Director of the Water Supply System for the Town of Pendleton, including personnel authorized to act on behalf of the Director.
      (10)   HIGH HAZARD. An actual threat to the public water supply of a physical or toxic nature to such a degree of intensity that there would be a danger to public health.
      (11)   INTERMEDIATE HAZARD. A potential threat to the public water supply of a physical or toxic nature to such a degree of intensity that the potential endangerment to the public health exists.
      (12)   LOW HAZARD. That degree of hazard which would not constitute a threat to health, but which may cause an actual or potential threat to the physical properties of the water sufficient to cause a nuisance or be aesthetically objectionable.
      (13)   OWNER. Any person who has legal title to, or license to operate or reside in a property upon which a cross-connection inspection is to be made or upon which a cross-connection is present or suspected of being present. A user of the water system.
      (14)   PERSON. An individual, partnership, co-partnership, cooperative, firm, company, public or private corporation, political subdivision, agency of the State, trust, estate, joint structure, company, or any other legal entity or their legal representative, agent or assigns.
   (D)   Administration.
      (1)   The town shall designate an individual or position, to be herein called “Director”, to administer the cross-connection control/backflow prevention program.
      (2)   The Director has the primary responsibility of enforcing the cross-connection control program and to maintain all records pertaining thereto.
      (3)   The user shall allow his or her property to be inspected for possible cross-connections and shall follow the provisions of this chapter and DHEC regulations.
      (4)   If the Director requires the public water supply to be protected by the containment approach then the user shall be responsible for water quality beyond the outlet end of the containment device and shall implement a program of internal protection which will address each offending fixture within his or her facility for the purpose of protecting the health of his or her employees as well as the safety/portability of his or her product.
   (E)   Requirements - existing users.
      (1)   Utilizing water customer billing records, telephone calls, personal interviews and inspections, the Director shall conduct a survey of all existing nonresidential customers in order to determine which facilities will be required to install protective devices, the type of protective device(s) to be required and the length of time allowed for installation of the required device(s).
      (2)   Any newly installed reduced pressure backflow preventer or double check valve assembly required on any existing facility shall be tested by a certified tester upon installation and once annually thereafter. A firm but reasonable time period is to be established by the Director for the completion of the required installation and testing of the prescribed device(s).
      (3)   The Director shall not allow any existing cross-connection to remain unless it is protected by an approved backflow preventer which is commensurate with the degree of hazard in question. The Director has the authority to decide whether the backflow prevention device must be installed at the service connection meter (containment approach), or whether the cross-connection in question may be adequately eliminated or protected within the facility at or near its point of origin (internal protection approach).
      (4)   Reasonable but firm time schedules shall be implemented by the Director for compliance with testing and installation requirements.
      (5)   The owner shall be responsible for meeting all compliance schedules, as well as for all fees, and required device testing.
   (F)   Requirements - new user.
      (1)   The Director shall conduct on-site evaluations, inspections, interviews, and review of plans in order to determine the degree of hazard in question and shall prescribe backflow prevention measures (devices) which are commensurate with the degree of hazard in question. In cases where increased hazards do not dictate the need for stronger protection, a minimum of a residential dual check shall be required.
      (2)   Any newly installed double check valve assembly or reduced pressure backflow preventer shall be tested by a certified tester prior to any final approval of occupancy being issued by the Director.
   (G)   Hazard high and low.
      (1)   The town recognizes the threat to the public water system arising from cross-connections. All threats shall be classified by the town as “high”, or “low” hazard, and shall require the installation of the appropriate approved backflow prevention device(s) which are consistent with DHEC regulations, and the cross connection control program.
      (2)   To determine the nature of existing or potential hazards, the town shall initially focus on the high hazard facilities. This includes facilities which offer the potential threat of contamination of a toxic nature (i.e., chemical, bacteriological, or industrial).
      (3)   The owner shall be responsible for notifying the Director of any existing, proposed or modified cross-connection of which the owner has knowledge but which has not been found by the Director.
      (4)   If the Director determines at any time that a serious threat to the public health exists from an actual or potential cross-connection, the water service may be terminated immediately and remain terminated until the Director determines that a serious threat to the public health no longer exists.
   (H)   Testing requirements.
      (1)   As part of the cross-connection control program, the Director shall require annual testing by a certified tester of all backflow prevention devices. The Director may require more frequent testing as he deems necessary based upon the age and condition of the device, where there is a history of test failures, or due to the degree of hazard involved, such additional tests are warranted. All testing will be performed at the owner’s expense.
      (2)   The certified tester performing the test shall furnish the owner with a written report of the inspection and testing results. The certified tester shall submit a copy of the test report to the Director, and the town shall be responsible for maintaining those reports for a period of five years.
      (3)   Each newly installed device shall be tested by a certified tester after installation, but before use by the owner. Each device shall be tested annually thereafter unless the Director determines that more frequent testing is warranted.
      (4)   Any backflow prevention device which fails during a test must be repaired or replaced at the owner's expense. Upon completion of repairs, the device shall be re-tested at the owner's expense. High hazard cross-connections shall not be allowed to continue unprotected due to a malfunctioning backflow prevention device. A compliance date of not more than 30 days after the test date shall be established for successful repair, replacement and testing of the device(s) in question.
   (I)   Records.
      (1)   The Director shall initiate and maintain the following records:
         (a)   Master files on cross connection surveys and inspections, including the owner’s name, address, phone number, and location of the device(s) if present.
         (b)   Copies of cross-connection device testing reports furnished by the certified tester.
         (c)   The most current list of DHEC approved backflow prevention devices.
         (d)   A current list of certified testers.
      (2)   Records shall be open for inspection by the public during normal business hours.
   (J)   Unlawful acts.
      (1)   It shall be unlawful for any person to make any connection to the town’s water supply system without the approval of the town. Each day that such unauthorized connection exists prior to obtaining this approval shall constitute a separate offense and be punishable by a fine of up to $1,000 per day.
      (2)   Any person found to be in violation of any provision of this chapter or of the regulations establishing a cross-connection control program pursuant to this chapter shall be served with written notice stating the nature of the violation and shall be given a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. Failure to correct the violation within the time limit specified shall constitute an unlawful act subject to the penalties set forth in division (J)(1) above.
(Ord. 11-01, passed 1-3-11; Am. Ord. 19-04, passed 5-6-19; Am. Ord. 22-07, passed 5-2-22; Am. Ord. 23-06, passed 4-4-23)