ORDINANCE NO. 2022-4-11_C_
AN ORDINANCE AMENDING TITLE 10, CHAPTER 2, ARTICLE A OF THE VILLAGE CODE TITLED: “CROSS-CONNECTION CONTROL.”
 
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF ROSEMONT, THIS
11th DAY OF APRIL, 2022
 
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Rosemont, Cook
County, Illinois this 11 TH  
day of April, 2022.
 
VILLAGE OF ROSEMONT
                                    
   ORDINANCE NO. 2022-4-11__
 
AN ORDINANCE AMENDING TITLE 10, CHAPTER 2, ARTICLE A OF THE VILLAGE CODE TITLED: “CROSS-CONNECTION CONTROL.”
 
WHEREAS, the Village of Rosemont (the “Village”) is a home rule unit of local government and may exercise any power and perform any function pertaining to its government and affairs pursuant to Article VII, Section 6 of the Illinois Constitution;
WHEREAS, the Village’s corporate authorities find and determine that it is the best interests of the Village’s health and welfare to amend its cross-connection control ordinance to allow its water customers to contract with State licensed cross-connection control inspectors for the inspection and testing backflow prevention devices; and
   NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ROSEMONT, COOK COUNTY, ILLINOIS, IN THE EXERCISE OF ITS HOME RULES POWERS, as follows:
SECTION 1:   RECITALS. The above recitals to this ordinance are true, correct and material to this ordinance. The above recitals shall be a part of this ordinance and shall be incorporated into this Section as if they were fully set forth in this Section.
SECTION 2: Amendment to Title 10, Chapter 2, Article A. Article A of Chapter 2 of Title 10 of the Village of Rosemont’s Code of Ordinances shall hereinafter be comprehensively amended and restated to state in its entirety as follows:
 
ARTICLE A: CROSS-CONNECTION CONTROL
Section
10-2A-1: Applicability Of Backflow And Cross-Connection Requirements
10-2A-2: Cross-Connection Prohibited
10-2A-3: Cross-Connection Control Survey And Inspections
10-2A-4: New/Replacement Cross-Connection Control Installation Inspections
10-2A-5: Registry
10-2A-6: Testing Inspection Fee
10-2A-7: Compliance Required
10-2A-8: Disconnection Of Service
10-2A-9: Scheduling Annual Inspections; Penalty
10-2A-10: Penalty
10-2A-11: Prosecution Of Violations; Injunctions
 
10-2A-1: APPLICABILITY OF BACKFLOW AND CROSS-CONNECTION REQUIREMENTS:
All existing water supply systems receiving potable water from the Village shall comply with all the regulations and requirements of the Illinois Plumbing Code addressing cross-connections and backflow, including, but not necessarily limited to, the requirements of 77 Ill. Admin. Code 890 and 77 Ill. Admin. Code 900. In the event, the standards and requirements of the Illinois Plumbing Code pertaining to the regulations of cross-connections and the protection against backflow are in the future amended, such amended requirements shall be applicable.
 
10-2A-2: CROSS-CONNECTION PROHIBITED:
   A. No person, firm or corporation shall establish or permit to be established or maintain or permit to be maintained any connection whereby a private, auxiliary or emergency water supply other than the public water supply enters the Village’s public water supply unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall be in compliance with the Illinois Plumbing Code and approved by the Director of Public Works and the Illinois Environmental Protection Agency (“IEPA”).
 
   B. No person, firm or corporation shall establish or permit to be established or maintain or permit to be maintained any arrangement or connection by which a pollutant or contaminant may enter the Village’s public water supply.
 
   C. Connections between potable water systems and other systems or equipment containing water or other substances of unknown or questionable quality are prohibited except when and where cross- connection control devices or methods which meet the requirements of the Illinois Plumbing Code are installed, tested and maintained to insure proper operation on a continuing basis.
 
   D. No physical connection shall be permitted between the potable portion of a water supply system and any other water supply that is not in compliance with the Illinois Plumbing Code and has not been approved by the Director of Public Works and the IEPA.
 
 
10-2A-3: CROSS-CONNECTION CONTROL SURVEY AND INSPECTIONS:
   A. It shall be the duty of the Director of Public Works (“Director”) to cause a survey to be made of properties served by the public water supply to determine whether actual or potential hazards to the public water supply may exist by reason of cross-connections or potential backflow risks. Such surveys and investigations shall be repeated as often as the Director of Public Works shall deem necessary.
 
   B. The survey conducted by the Director of Public Works shall include the inspection of the premises of all individuals/entities receiving water from the Village’s water system (“water customer” or “customer”) to ascertain the presence or absence of cross-connections within the premises and the need for the installation of any new cross-connection control devices. It shall be the duty of all individuals/entities receiving water from the Village’s to have any existing cross-connection control device inspected and tested by a State licensed cross-connection control inspector annually or more frequently if recommended by the device’s manufacturer. If the owners or occupants of the premises does not have any cross-connection control device inspected annually or more frequently if recommended by the device’s manufacturer, the Village or the Village’s Director of Public Works is authorized to petition any court having competent jurisdiction, through the Village Attorney, for the issuance of a warrant or order authorizing the owners or occupants of a premises to obtain an inspection, sampling, examination and photocopying and the performance of any other duties as required by the State Plumbing Code. If the Director finds that it is necessary to conduct sampling and monitoring operations, the Director shall request permission from the customer to set up such sampling and monitoring operations. If the consumer refuses to grant such permission, the Village or Director shall apply to the appropriate court, through the Village Attorney, for a warrant or order which will allow such monitoring and sampling to take place on the premises.
 
   C. Commercial, institutional or industrial establishments receiving water from the Village’s public supply shall conduct annual surveys of water use practices on the customer’s premises to determine whether there are actual or potential cross-connections to the customer’s water system through which contaminants or pollutants could backflow into the public water supply system.
 
   D. All individuals/entities receiving water from the Village’s water system shall prevent backflow into the public water system by ensuring that:
 
      1. All cross-connections are removed; or cross-connection control devices are installed in compliance with the Illinois Plumbing Code to protect against backflow and back-siphonage;
 
      2. All cross-connection control devices are installed only in compliance with the Illinois Plumbing Code and in accordance with the manufacturer’s instructions; and
 
      3. Backflow prevention devices shall not be bypassed, made inoperative, removed or otherwise made ineffective.
 
10-2A-4: NEW/REPLACEMENT CROSS-CONNECTION CONTROL INSTALLATION INSPECTIONS:
The installation of all new cross-connection control devices and/or the replacement of any cross- connection device shall be performed by a licensed plumber in conformance with the Illinois Plumbing Code and the device manufacturer’s instructions. Before any such new or replacement cross-connection control device is placed into service, its installation shall be approved by the Village’s plumbing inspector for compliance with the Illinois Plumbing Code.
 
10-2A-5: REGISTRY:
   A. The Village through its hired third-party contractor shall maintain a registry of all cross-connection devices located within the Village. The owner or occupant receiving water from the Village shall have an obligation to maintain records of the information required below for the registry and shall provide such information to the Village’s third-party contractor upon request. The State licensed cross-connection control inspector hired by the owner/occupant shall also have an obligation to provide the information required below to the Village’s third-party contractor. The registry shall include the following information:
 
      1. The water customer or owner of the device;
      2. The address where the device is located and a reasonably specific description of where the device is located on the premises;
      3. The make and model of the device;
      4. The date of the inspection and testing of the device;
      5. The results of any testing;
      6. The date installed, if known;
      7. The inspection and testing frequency;
    8. Name of the State licensed cross-connection control inspector performing the test and/or the name of the Village Plumber performing the inspection;
      9. Any repairs or servicing required;
      10. The date any repairs or servicing was completed and the name of the licensed plumber performing the repair; and
      11. Any additional information that may be required by the Illinois Plumbing Code.
 
   B. In addition, each device shall have a tag attached listing the date of most recent test or visual inspection, name of tester, and type and date of repairs.
 
10-2A-6: [Intentionally Omitted]
 
10-2A-7: COMPLIANCE REQUIRED:
   A. Consumers must comply with this Article in order to continue to receive water service from the Village’s public water supply system.
 
   B. If the public water supply is contaminated or polluted by back siphoned material or backflow, and the contamination or pollution occurs through an improperly installed, maintained or repaired backflow prevention device, or because a backflow prevention device has been bypassed, then the water customer responsible shall, in addition to any fines or other amounts due under this article, pay to the Village any and all costs incurred in removing the contaminant or pollutant from the public water supply system, including the cost of effecting compliance with and enforcing this article.
 
10-2A-8: DISCONNECTION OF SERVICE:
   A. The premises of a water customer who violates a provision of this article may be disconnected from the public water supply system as provided in this section.
 
   B. Procedures for immediate disconnection:
      1. A water customer is subject to having the customer’s premises immediately disconnected from the Village’s public water supply system whenever immediate disconnection is required to halt or prevent any pollutant or contaminant from flowing from the premises into the public water supply system which reasonably appears to the Director of Public Works to present a severe health hazard.
 
      2. The Director of Public Works shall have the authority, after informal notice to the consumer, to immediately and effectively halt or prevent any discharge of pollutants or contaminants to the public water supply system that reasonably appears to present a severe health hazard. When the Director determines that such an emergency situation exists, he shall issue a verbal order (followed immediately by a written order) to the water customer, stating the problem and requiring immediate cessation of the discharge. The Director’s actions may include the disconnection of water service if there is an imminent threat of a severe health hazard. Methods of informal notice shall include, but not be limited to, any of the following: personal conversation between the water customer and Village employees, telephone calls, letters, hand-delivered messages or notices posted at the water customer’s premises or point of discharge.
 
      3. Right To Request Hearing: A water customer who is disconnected pursuant to subsection 1 or 2 above, shall have the right to request a hearing, at which time the customer shall be given the opportunity to show cause as to why it should not be disconnected from the public water supply system. Such hearings shall commence within seven (7) days after a written request for the hearing is received by the Village President. Such hearing shall be conducted in accordance with the procedures contained in subsection C below.
 
   C. Procedures for disconnection in non-emergency situations:
      1. The Director of Public Works may order a water customer who causes or allows any condition to occur which violates the provisions of this article to show cause at a hearing as to why the premises where the condition occurred should not be disconnected from the public water supply system. A notice shall be served on the consumer specifying the time and place of a hearing regarding the violation, the reasons why the action is to be taken, the proposed action and directing the customer to show cause why the premises should not be disconnected. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.
 
      2. The Village President may conduct the hearing and take the evidence or may designate the Village Attorney to:
 
         a. Issue notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing;
         b. Take the evidence; and
         c. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Village President for action thereon.
      3. After the Village President has reviewed the evidence, he may issue an order to the water customer directing either that the premises be disconnected from the public water supply system; or following a specified time, the premises shall be disconnected and water service discontinued, unless the condition causing the violation is corrected.
 
      4. Following an order to disconnect, the Director of Public Works shall cause whatever action is needed to be taken in order to disconnect the consumer’s premises from the public water supply system.
 
   D. Restoration Of Water Service: If water service to the premises is disconnected pursuant to this section, water service shall not be restored to the premises until such time as the condition which caused the violation is corrected and a reconnection fee of two hundred fifty dollars ($250.00) is paid to the Village.
 
10-2A-9: ANNUAL INSPECTIONS; PENALTY:
   A. It shall be the affirmative duty of every owner/occupant of a building or structure receiving water from the Village to have all cross-connection control devices inspected annually by a State licensed cross-connection control inspector or more frequently if required by the manufacturer of the cross-connection control device. It shall be a violation of the Village Code for any water customer to fail to have the inspection and testing of any cross-connection control device completed on or before the due date for such testing. If a water customer fails to undertake the inspection or testing of and cross-connection control device prior to the due date for the inspection/testing the water customer shall, upon being found liable, pay the following fines:
 
Zero (0) to forty-four (44) days past due: a fine of two hundred fifty dollars ($250.00) for each past due device; and
 
Forty-five (45) or more days past due: a fine of five hundred dollars ($500.00) for each past due device plus an additional fine of five hundred dollars ($500.00) per each past due device for each additional thirty (30) day period after the first forty five (45) days.
 
   B. If the inspection is past due by more than one hundred twenty (120) days the Village, in addition to any monetary fines that shall continue to accrue, shall have the ability to seek the non-emergency disconnection of the premises from the Village’s public water supply. Nothing contained in this section shall preclude the Village from undertaking an immediate disconnection from the public water supply when such action is required to halt or prevent any pollutant or contaminant from flowing into the public water supply system which reasonably appears to the Director of Public Works to present a severe health hazard.
 
10-2A-10: PENALTY:
A violation of this Article (other than a violation addressed in section 10-2A-9) shall, upon conviction thereof, shall be punishable by a fine of not less than seventy-five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00) with each day a violation occurs being considered as a separate and distinct violation.
 
10-2A-11: PROSECUTION OF VIOLATIONS; INJUNCTIONS:
Violations of the provisions of this article are subject to prosecution under the Village’s administrative adjudication proceedings established pursuant Title 1, Chapter 4, Article A of this Code as now or hereafter amended. The provisions of this section shall not preclude the Village from using other methods or proceedings to adjudicate alleged violations of this article, including, without limitation, the institution of an action in the Circuit Court of Cook County, or before another administrative tribunal which has jurisdiction to consider the violation. In the event that a person commits repeated violations of this article, the Village may institute an action to enjoin further such person from committing further violations of this article. In the event such an action is instituted and an injunction is issued, the person whose conduct is enjoined shall be required to compensate the Village for the attorneys’ fees and other costs incurred in obtaining the injunction.
 
SECTION 3:    Home Rule: This ordinance and each of its terms shall be the effective legislative act of a home rule municipality without regard to whether such ordinance should (a) contain terms contrary to the provisions of current or subsequent non-preemptive state law, or (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Rosemont that to the extent that the terms of this ordinance should be inconsistent with any non-preemptive state law, that this ordinance shall supersede state law in that regard within its jurisdiction.
SECTION 4: All Ordinances or parts of Ordinances thereof in conflict with this ordinance are hereby repealed to the extent of any such conflict.
SECTION 5. This ordinance shall be immediately in full force and effect upon its passage and approval and subsequently be published in pamphlet form as provided by law.
   PASSED by the following roll call vote this 11th day of April, 2022
   AYES:
   NAYS:
   ABSENT:
   APPROVED this 11th day of April, 2022.
                  
         _______________
                        VILLAGE PRESIDENT
 
ATTEST:
 
__________________________________
   VILLAGE CLERK
 
 
STATE OF ILLINOIS
)
) SS
COUNTY OF COOK
)
Certification Of Ordinance
I, the undersigned, do hereby certify that I am the duly qualified and acting Village Clerk of the Village of Rosemont, Cook County, Illinois (the “Village”), and that as such official I am the keeper of the records and files of the President and Trustees of the Village (the “Corporate Authorities”).
I do further certify that the foregoing is a full, true and complete copy of an ordinance adopted at a meeting of the Corporate Authorities held on the 11 th day of April, 2022, which is entitled:
AN ORDINANCE AMENDING TITLE 10, CHAPTER 2, ARTICLE A OF THE VILLAGE CODE TITLED: “CROSS-CONNECTION CONTROL.”
a true, correct and complete copy of which said ordinance as adopted at said meeting appears is attached.
I do further certify that the deliberations of the Corporate Authorities on the adoption of said ordinance were conducted openly, that the vote on the adoption of said ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice; that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the Corporate Authorities at least 48 hours in advance of the holding of said meeting; that said agenda described or made specific reference to said ordinance; that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the provisions of said Act and said Code and with all of the procedural rules of the Corporate Authorities.
In Witness Whereof, I hereunto affix my official signature and the seal of the Village, this 11th day of April, 2022.
                     
Village Clerk
(SEAL)