(A) Purpose and scope.
(1) The purpose of this section is to define the authority of the Town as having jurisdiction to ensure the safety of the water supply by eliminating unprotected cross connections to the Town's potable water supply.
(2) This section shall apply to all users connected to the Town's public potable water supply regardless of whether or not the user is located within the Town limits.
(3) All users connected to the Town's water supply shall comply with the latest editions of the Federal Safe Drinking Water Act (P.L. 93-523), the North -Carolina State Administrative Code (Title 15A, Subchapter l 8C), North Carolina Plumbing Code, and the North Carolina State Building Code (Volume II) as they pertain to cross connections with the public water supply.
(B) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AIR-GAP SEPARATION. A physical separation between the free-flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel. An APPROVED AIR-GAP SEPARATION shall be at least double the diameter of the supply pipe, measured vertically above the overflow rim of the receiving vessel-in no case less than 1 inch (2.54 cm).
APPROVED. In reference to a water supply, shall mean a water supply that has been approved by the North Carolina Department of Environment, Health and Natural Resources (Division of Health Services). In reference to air-gap separation, a pressure vacuum breaker, a double check valve assembly, a double check detector assembly, a reduced pressure principle backflow prevention assembly, a reduced pressure principle detector assembly, or other backflow prevention assemblies or methods, shall mean an approval by the Town's Cross-connection Coordinator.
APPROVED BACKFLOW PREVENTION ASSEMBLY. An assembly used for containment or isolation purposes that has been shown to meet design and performance standards of the American Society of Sanitary Engineers (ASSE), the American Water Works Association (AWWA), and the Foundation for Cross Connection Control and Hydraulic Research of the University of Southern California.
APPROVED BACKFLOW PREVENTION DEVICE. A device used for isolation purposes that has been shown to meet the design and performance standards of the American Society of Sanitary Engineers (ASSE) and the American Water Works Association (A WWA).
APPROVED CHECK VALVE. A check valve that is drip-tight in the normal direction of flow, when the inlet pressure is at least 1.0 psi and the outlet pressure is 0. The check valve shall permit no leakage in a direction reversed to the normal flow. The closure element ( e.g., clapper, poppet, or other design) shall be internally loaded to promote rapid and positive closure. An APPROVED CHECK VALVE is only one component of an approved backflow prevention assembly i.e., pressure vacuum breaker, double check valve assembly, double check detector assembly, reduced pressure principle assembly, or reduced pressure detector assembly.
APPROVED WATER SUPPLY. Any public potable water supply that has been investigated and approved by the North Carolina Department of Environment, Health, and Natural Resources. The system must be operating under a valid health permit. In determining what constitutes an APPROVED WATER SUPPLY, the North Carolina Division of Health Services has reserved the final judgment as to its safety and potability.
ATMOSPHERIC VACUUM BREAKER or NON-PRESSURE-TYPE VACUUM BREAKER. A device containing a float-check, a check seat, and an air inlet port. The flow of water into the body causes the float to close the air inlet port. When the flow of water stops, the float falls and forms a check valve against back-siphonage, and at the same time opens the air inlet port to allow air to enter and satisfy the vacuum. A shut-off valve immediately upstream may be an integral part of the device. An ATMOSPHERIC VACUUM BREAKER is designed to protect against a non-health hazard (isolation protection only) under a back-siphonage condition only.
AUXILIARY WATER SUPPLY. Any water supply on or available to the premises other than the Town's approved public potable water supply. These auxiliary waters may include water from another public potable water supply or any natural source, such as a well, spring, river, stream, and the like, "used water", or industrial fluids. These waters may be polluted, contaminated or objectionable, and constitute an unacceptable water source over which the Town does not have sanitary control.
BACKFLOW. The undesirable reversal of flow of water, or mixtures of water and other liquids, gasses, or other substances, into the distribution pipes of the consumer or public potable water system from any source or sources.
BACKFLOW PREVENTION ASSEMBLY. An assembly used to prevent backflow into the consumer's water system or the public potable water
system. The type of assembly used should be based on the degree of hazard, either existing or potential (as defined herein). The types are:
(a) Double check valve assembly;
(b) Double check detector assembly (fire system);
(c) Pressure vacuum breaker;
(d) Reduced pressure principle assembly; and
(e) Reduced pressure principle detector assembly (fire system).
BACK-PRESSURE BACKFLOW. Any elevation in the consumer water system (by pump, elevation of piping, or steam and/or air pressure) above the supply pressure at the point of delivery, which would cause, or tend to cause, a reversal of the normal direction of flow.
BACK-SIPHONAGE BACKFLOW. A reversal of the normal direction of flow in the pipeline, due to a negative pressure (vacuum) being created in the supply line, with the backflow source subject to atmospheric pressure.
CERTIFIED BACKFLOW PREVENTION ASSEMBLY TESTER. A person who is certified to make competent tests, repairs, and reports on backflow prevention assemblies. The tester shall be knowledgeable of applicable law, rules and regulations, and must hold a current certificate from a state-approved training program in the testing and repair of backflow prevention assemblies.
CONSUMER. Any person, firm, or corporation using or receiving water from the Town's
water system.
CONSUMER'S INDUSTRIAL PIPING SYSTEM. Any system used by the consumer for
transmission of, or to confine or store, any fluid, solid or gaseous substance other than an approved water supply. Such a system would include all pipes, conduits, tanks, receptacles, fixtures, equipment, and appurtenances used to produce, convey, or store substances that are or may be polluted or contaminated.
CONSUMER'S POTABLE WATER SYSTEM. That portion of the privately owned potable
water system lying between the point of delivery and the point of use and/or isolation protection. This system will include all pipes, conduits, tanks, receptacles, fixtures, equipment, and appurtenances used to produce, convey, store, or use potable water.
CONSUMER'S WATER SYSTEM. Includes any water system commencing at the point of delivery and continuing throughout the consumer's plumbing system, located on the consumer's premises, whether supplied by public potable water or an auxiliary water supply. The system or systems may be either a potable water system, a non-potable water supply, or an industrial piping system.
CONTAINMENT. Preventing the impairment of the public potable water supply by installing an approved backflow prevention assembly at the service connection.
CONTAMINATION. An impairment of the quality of the water, which creates a potential or actual hazard to the public health through the introduction of hazardous or toxic substances, or through the spread of disease by sewage, industrial fluids, or waste.
CROSS CONNECTION. Any unprotected actual or potential connection or structural arrangement between a public or a consumer's water system, and any other source or system through which it is possible to introduce any contamination or pollution, other than the intended potable water with which the system is supplied. By-pass arrangements, jumper connections, removable sections, swivel or change-over devices, and other temporary or permanent devices through which or because of which "backflow" can or may occur are considered to be CROSS CONNECTIONS.
DEGREE OF HAZARD. Derived from the evaluation of conditions within a system that can be classified as either a "pollution" (non-health) or a "contamination" (health) hazard.
DOUBLE CHECK DETECTOR ASSEMBLY. A specially designed assembly composed of a line-size, approved double check valve assembly, with a specific bypass water meter and a meter sized, approved double check valve assembly. The meter shall register (in U.S. gallons) accurately for only very low rates of flow, and shall show a registration for all rates of flow. This assembly shall only be used to protect against a non-health hazard (i.e., pollutant).
DOUBLE CHECK VALVE ASSEMBLY. An assembly composed of 2 independently acting, approved check valves, including tightly closing shut-off valves attached at each end of the assembly, and fitted with properly located tests cocks. This assembly shall only be used to protect against a non-heath hazard (i.e., pollutant).
HEALTH AGENCY. The North Carolina Department of Environment and Natural Resources
(NCDENR), Division of Health Services.
HEALTH HAZARD. An actual or potential threat of contamination of a physical, hazardous or toxic nature to the public or consumer's potable water system, to such a degree or intensity that there would be a danger to health.
INDUSTRIAL FLUIDS. Any fluid or solution that may be chemically, biologically, or otherwise contaminated or polluted, in a form or concentration such as would constitute a health, or non-health hazard if introduced into a public or consumer potable water system. Such fluids may
include, but are not limited to: process waters; chemicals in fluid form; acids and alkalis; oils, gases; and the like.
ISOLATION. The act of confining a localized hazard within a consumer's water system by installing approved backflow prevention assemblies.
Disclaimer: The Town may make recommendations, upon facility inspection, as to the use of isolation devices/assemblies, but does not assume or have any responsibility whatsoever for such installations.
NON-HEALTH HAZARD. An actual or potential threat to the quality of the public or the consumer's potable water system. A NON-HEALTH HAZARD is one that, if introduced into the public water supply system, could be a nuisance to water customers, but would not adversely affect human health.
NON-REGULATED WATER SUPPLY. A water supply that has not been permitted as a regulated system for human consumption by the North Carolina Department of Environment, Health, and Natural Resources.
POINT OF DELIVERY. Shall generally be at the property line of the customer, adjacent to the public street where the Town's mains are located, or at a point on the customer's property where the meter is located. The customer shall be responsible for all water piping and control devices located on the customer's side of the point of delivery.
POLLUTION. An impairment of the quality of the water to a degree that does not create an actual hazard to the public health, but that does adversely and unreasonably affect the aesthetic qualities of such waters for domestic use.
POLLUTION HAZARD. An actual or potential threat to the quality or the potability of the public or the consumer's potable water system, but that would not constitute a health or a system hazard,
as defined herein. The maximum degree or intensity of pollution to which the potable water system could be graded under this definition would cause a nuisance or be aesthetically objectionable, or could cause minor damage to the system or its appurtenances.
POTABLE WATER. Water from any source, which has been investigated by the North Carolina Department of Environment, Health, and Natural Resources (Division of Health Services), and has been approved for human consumption.
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 at each end of the assembly. This assembly is designed to protect against a health hazard (i.e., contaminant) under a back-siphonage condition only.
PUBLIC POTABLE WATER SYSTEM. Any publicly or privately owned water system, operated as a public utility, under a current North Carolina Department of Environment, Health, and Natural Resources permit, to supply water for public consumption or use. This system will include all sources, facilities, and appurtenances between the source and the point of delivery, such as valves, pumps, pipe, conduits, tanks, receptacles, fixtures, equipment, and appurtenances used to produce, convey, treat, or store potable water for public consumption or use.
REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION ASSEMBLY. An assembly containing within its structure a minimum of two independently acting, approved check valves, together with a hydraulically operating, mechanically independent, pressure differential relief valve located between the check valves, and at the same time below the first check valve. The first check valve reduces the supply pressure at a predetermined amount so that,
during normal flow and at cessation of normal flow, the pressure between the checks shall be less than the supply pressure. In case ofleakage of either check valve, the pressure differential relief valve, by discharge to atmosphere, shall operate to maintain the pressure between the checks less than the supply pressure. The unit shall include tightly closing shut-off valves located at each end of the assembly, and each assembly shall be fitted with properly located test cocks. The assembly is designed to protect against a health hazard (i.e., contaminant).
REDUCED PRESSURE PRINCIPLE DETECTOR ASSEMBLY. A specially designed assembly composed of a line-size, approved reduced pressure principle backflow prevention assembly, with a specific bypass water meter and a meter-sized, approved reduced pressure principle backflow prevention assembly. The meter shall register (in U.S. gallons) accurately for only very low rates of flow, and shall show a registration for all rates of flow. This assembly shall be used to protect against a health hazard (i.e., contaminant).
SERVICE CONNECTIONS. The terminal end of a service connection from the public potable water system, i.e., where the Town loses jurisdiction and sanitary control over the water at its point of delivery to the consumer' s water system.
UNAPPROVED BACKFLOW PREVENTION ASSEMBLY. An assembly that has been investigated by the Town and has been determined to be unacceptable for installation within the Town's water system. Consideration for disapproval and removal from the "approved list" shall be based upon, but not limited to, the following criteria:
(a) Poor performance standards (i.e., significant failure rate);
(b) Lack of or unavailability of repair parts; and/or
(c) Poor service or response from the assembly's factory representative(s).
USED WATER. Any water supplied by a water purveyor from a public water system to a consumer's water system after it has passed through the point of delivery and is no longer under the control of the water purveyor.
WATER PURVEYOR. The owner or operator ofa public potable water system providing an approved water supply to the public.
(C) Objectives.
(1) General. This section is enacted to accomplish the following objectives:
(a) To protect the public potable water supply of the Town against actual or potential contamination by isolating within the consumer's water system, contaminants or pollutants that could, under adverse conditions, backflow through uncontrolled cross connections into the public water system.
(b) To eliminate or control existing cross connections, actual or potential, between the consumer's potable water system(s) and non-potable or industrial piping system(s).
(c) To provide a continuing inspection program of cross connection control that will systematically and effectively control all actual or potential cross connections that may be installed in the future.
(2) Water purveyor.
(a) The Town or other such water purveyor shall make every reasonable effort to ensure a safe water supply, from the source throughout the public water distribution system, including the service connection, to the point of delivery to the consumer's water connection. In addition, the Town or other such water purveyor shall insure that the proper precautions are taken to protect the public potable water system. The Town or other such water purveyor shall determine the degree of hazard or potential hazard to the public potable water system; determine the degree of protection required; and ensure proper containment protection through an ongoing inspection program.
(b) When it is determined that a backflow prevention assembly is required for the protection of the public water system, the Town shall require the consumer, at the consumer's expense, to install an approved backflow prevention assembly at each service connection; to test immediately upon installation and thereafter, at least annually; to properly repair and maintain such assembly or assemblies, and to keep adequate records of each test and subsequent maintenance and repair, including records of used materials and/or replacement parts.
(3) Plumbing inspectors. The Inspection Department of the Town shall review building plans and inspect plumbing as it is installed, and shall prevent cross connections from being designed and built into the plumbing systems of buildings. When the building plans suggest or detect the potential for cross connections being made within the plumbing system, the plumbing inspector shall require that such cross connections be either eliminated or provided with backflow prevention equipment approved by the North Carolina Building Code.
(4) Consumer.
(a) The consumer is responsible for preventing pollutants and contaminates from entering their private potable water system(s) or the public water system. The consumer's responsibility starts at the point of delivery from the public potable water system, and includes all of the consumer's water system(s).
(b) The consumer, at their own expense, shall install, operate, test, and maintain approved backflow prevention assemblies at the point of delivery.
(c) The consumer shall maintain, for 3 years, records of tests and repairs made to backflow prevention assemblies at the point of delivery. The consumer shall provide the Town's Utilities Division with copies of such records. The records shall be a method approved by the Town, and shall list materials or replacement parts used. The types of records shall be determined by the Town and may be paper, digital or online forms.
(d) If a backflow device changes ownership, the new owner is immediately subject to all requirements of this section.
(e) The consumer shall re-test any backflow assembly following any repair, overhaul, repiping or relocation of an assembly, to ensure that it is in good operating condition and will prevent backflow.
(f) Tests, maintenance and repairs of backflow prevention assemblies shall be made by a North Carolina certified backflow prevention assembly tester.
(g) The consumer must immediately notify the Town's Utilities Superintendent if the consumer's potable water system is contaminated or polluted. The consumer must immediately notify the Town's Utilities Superintendent if the consumer has reason to believe that a backflow has occurred from the consumer's private water system into the public water system. The consumer must also notify the Town's Utilities Superintendent of any new cross connections to their private system that may or may not require changing the present backflow prevention assembly at the point of delivery.
(5) Certified backflow prevention assembly tester.
(a) At the point of delivery, a backflow prevention assembly tester shall perform accurate field tests, repairs or overhauling of backflow prevention assemblies, using all the necessary tools, gauges, and other equipment to properly test, repair, and maintain backflow prevention assemblies.
(b) The tester shall provide reports of tests, repairs, and overhauls done at the point of delivery to the Town's Utilities division, on forms approved by the Town. The tester shall maintain all such records on work done at the point of delivery for a minimum of 3 years.
(c) The tester shall use original manufactured parts in the repair or replacement of parts in a backflow prevention assembly. The tester shall not change the design, material, or the operational characteristics of an assembly during repair or maintenance.
(d) All certified backflow prevention assembly testers must employ test equipment, which has been evaluated. and approved by:
1. The Association of Sanitary Engineers (ASSE);
2. The American Water Works Association (AWWA); or
3. The Foundation for Cross Connection Control and Hydraulic Research of the University of Southern California (HR-USC).
(e) All test equipment shall be checked for accuracy as suggested by the manufacturer's recommendation, but not less than annually, calibrated if necessary, and verified by the Town's Utilities division or designee.
(f) All certified testers shall maintain current state certification through an approved backflow prevention certification program.
(D) Right of entry.
(1) It is unlawful to interfere with Town representatives when sampling and testing water, performing inspections, and/or making observations of all piping systems connected to the public water supply, including testing backflow devices.
(2) Where a user has security measures in force that would require proper identification and a clearance before entry into their premises, the user shall make necessary arrangements with the security guards so that, upon presentation of suitable identification, Town personnel will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(3) Upon request, the consumer shall furnish to the Town any pertinent information regarding the water supply system on such property where cross connections and backflow are deemed possible.
(E) Elimination of cross connections.
(1) The owner, agent, occupant, or tenant shall properly protect or disconnect existing, unprotected cross connections to the public water system, within the time limit established by the Town.
(2) All existing backflow prevention assemblies installed on metered water services (which were initially approved by the Town and have not been modified) shall be allowed to remain in the premises, as long as they are being properly maintained, tested, and repaired as required by this section. If however, all hazards within the facility have not been properly isolated, or the existing assembly must be replaced (once it can no longer be repaired), or in the event the facility process or operations have changed, the consumer shall install an approved double check assembly or reduced pressure principle assembly as required by this section.
(3) The user shall immediately disconnect cross connections with private wells or other auxiliary water supplies not approved by Moore County Environmental Health Department and the North Carolina Department of Environment and Natural Resources.
(4) All facilities that pose a health hazard to the potable water system must install a containment assembly, in the form of a reduced pressure principle backflow prevention assembly, within 60 days of notice by the Town.
(5) Within 90 days, all industrial and commercial facilities not identified as a "health hazard" shall install a double check valve assembly as a minimum containment assembly.
(6) When the Town determines that an imminent health hazard exists due to cross connection, water service shall be terminated, unless an air gap is immediately provided.
(7) The consumer shall install on his or her private potable water system sufficient internal isolation backflow prevention assemblies as required by the North Carolina Building Code.
(8) Water mains served but not maintained by the Town should be considered a cross connection. The degree of protection at the point of delivery shall be based on degree of hazard, as determined by the Town.
(9) When the Town's Utilities Superintendent, or representative designated by the Superintendent, does not have sufficient access to every portion of a private water system (i.e., classified research and development facilities; federal government property) to allow a complete evaluation of the degree of hazard associated with such private water systems, an approved reduced pressure principle assembly shall be required as a minimum.
(10) No person shall fill special use tanks or tankers containing pesticides, fertilizers, other toxic chemicals, or their residues, from the public water system, except at locations equipped with an air gap or an approved reduced pressure principle backflow prevention assembly properly installed on the public water supply.
(F) Installation of assemblies.
(1) All backflow prevention assemblies shall be installed in accordance with the specifications furnished by the manufacturer, specifications furnished by the Town or the North Carolina Building Code.
(2) All new construction plans and specifications, when required by the North Carolina Building Code and the North Carolina Division of Health Services (NCDENR), shall be made available to the Town for review and approval, and to determine the degree of hazard.
(3) Ownership, testing, and maintenance of the assembly shall be the responsibility of the consumer/owner.
(4) All double check valve assemblies must be installed in drainable pits wherever below ground installation is necessary.
(5) Reduced pressure principle assemblies must be installed in a horizontal position, unless specifically manufactured for vertical installation, and in a location in which no portion of the assembly can become submerged in any substance under any circumstance. Pit and/or below grade installations are prohibited.
(6) With prior approval from the Town's Utilities Division, double check valve assemblies may be installed in a vertical position, provided the flow of water is in an upward direction.
(7) Upon adoption of this section, all unapproved backflow prevention devices and assemblies shall be replaced with an approved backflow prevention assembly.
(8) The installer shall insure tne backflow prevention assembly is working properly upon installation.
(9) The installer shall provide the following information to the Town's Utilities Superintendent within 10 days after installation at the point of delivery of a reduced pressure principle backflow preventer, a double check valve assembly, a pressure vacuum breaker, a double check detector, or reduced pressure principle detector assembly:
(a) Service address where assembly is located;
(b) Owner (and address and phone number, if different from service address);
(c) Description of assembly's location;
(d) Date of installation;
(e) Installer (include name, address and phone number, plumbing company represented, plumber's license number, and project permit number);
(f) Type of assembly, size of assembly;
(g) Manufacturer, model number, serial number; and
(h) Test results/report.
(10) For facilities that require an uninterrupted supply of water, and when it is not possible to provide water service from two separate metered sources, provisions shall be made for a "parallel installation" of backflow prevention assemblies by the consumer/owner.
(11) The consumer shall, upon notification of noncompliance, become fully compliant with this section:
(a) Within 60 calendar days (health hazard);
(b) Within 90 calendar days (non-health hazard);
(c) Immediately if Town officials determine an imminent health hazard.
(12) All reduced pressure principle assemblies, double check valve assemblies, pressure vacuum breakers, double check detector assemblies, and reduced pressure detector assemblies shall be tested by a certified backflow prevention assembly tester within 10 days of installation.
(13) Backflow preventer (BFP) installation relative to meter location (Ten Foot Rule):
(a) All new BFP on domestic lines shall be installed within 10 feet of the domestic meter.
(b) All new BFP on designated yard (irrigation) lines shall be installed within 10 feet of the yard meter.
(c) All new BFP on fire suppression systems shall be installed within 10 feet of the meter. In some instances, where installation within 10 feet is not feasible due to facility design, exceptions may be approved by the Town's ORC. All exceptions will be reviewed by Town officials to make final determination.
(d) Housing organizations that have a formal review board or committee may apply for a waiver, provided there is codified verbiage specific to BFP installation, modification or installation of systems requmng BFP, and member responsibilities within the organizational governing documentation. Potential waivers will be reviewed by Town officials to make final determination.
(e) Any BFP legally and properly installed on either a domestic or yard line prior to January 1, 2017 that is located beyond 10 feet from the domestic or yard meter is exempted from the 10 foot rule requirement so long as the BFP remains functional and in compliance with the other standards of this section. If the BFP is replaced for any reason, it shall comply with the 10 foot rules listed in this division. Potential waivers will be reviewed by Town officials to make final determination.
(G) Testing and repair of assemblies.
(1) A certified backflow prevention assembly tester shall test backflow prevention assemblies upon installation, and at a frequency established by the manufacturer's recommendation, but no less than once annually.
(2) A record of all testing and repairs is to be retained by the consumer.
(3) Within 10 days after the completion of any testing and/or repair work, a copy of the test records for the point of delivery of the cross connection assembly must be provided to the Town's Utilities Superintendent, or by other means of record keeping determined by the Town.
(4) All retesting following repairs must be completed within specified time accordance with the degree of hazard. In no case shall this time period exceed:
(a) Health hazard facilities: 14 days;
(b) Non-health hazard facilities: 21 days.
(5) For facilities that require an uninterrupted supply of water during testing/repair, and when it is not possible to provide water from another protected metered source, the consumer/ owner shall make provisions for a "parallel installation" of backflow prevention assemblies.
(6) It shall be unlawful for any customer or certified tester to submit to the Town any record that is false or incomplete in any material respect. It shall be unlawful for any customer or certified tester to fail
to submit to the Town any record required by this section. Such violations may result in any of the enforcement actions outlined in division (K), Enforcement.
(7) A Town meter may be set at new service connections that require BFP installation. Within 90 days of meter installation, the customer shall achieve full compliance with this section, to include BFP installation, testing, and appropriate test data submission, in accordance with Town procedures.
(8) Any new BFP, designated for lawn irrigation (yard), initially tested from December 1 through March 31, shall have its annual test date moved forward 5 months. For example, a new irrigation BFP initially tested December 20, 2018, that would normally be due December 20, 2019, shall have its next annual test due May 20, 2020.
(H) Facilities requiring protection.
(1) Approved backflow prevention assemblies/devices shall be installed in accordance with this section and the latest editions of the North Carolina Plumbing Code and North Carolina State Building Code, Town Unified Development Ordinance, or Town Code of Ordinances, whichever is more stringent.
(2) All facilities and/or connections to the public water system, due to a potential for backflow of non-potable water into the public water supply system, shall install an approved backflow prevention assembly according to the degree of hazard present, unless exempted, pursuant to the divisions listed below:
(a) One-family and two-family dwelling (single-family detached, single-family attached and duplexes) domestic services: exempt;
(b) All commercial and industrial domestic connections: reduced pressure principle assembly;
(c) Fire suppression (sprinkler) systems:
1. Health hazard: reduced pressure principle (detector) assembly;
2. Non-health hazard: double check valve ( detector) assembly;
(d) Non-regulated water supply systems:
1. Reduced pressure principle assembly at primary connection point;
2. Double check valve assembly at primary connection point and all other individual connections within the unregulated water supply system shall be fitted with approved backflow prevention assembly consistent with division (H)(2).
(e) Regulated public water systems when permitted in accordance with Section .0300 of Chapter 15A of the North Carolina Administrative Code: exempt.
(f) Irrigation systems: reduced pressure principle assembly.
(3) All assemblies and installations shall be subject to inspection and approval by the Town.
(I) Connections with unapproved sources of supply.
(1) It is unlawful to connect, or cause to be connected, any supply of water not approved by the North Carolina Department of Environment and Natural Resources to the water system supplied by the Town. All connections must be in conformance with the backflow prevention requirements of this section.
(2) In the event of contamination or pollution of a public or consumer potable water system, the consumer shall notify the Utilities
Superintendent immediately, in order that appropriate measures may be taken to overcome and eliminate the contamination or pollution.
(J) Enforcement.
(1) The Town shall notify the owner, manager, supervisor, or person in charge of any installation found not to be in compliance with the provisiohs of this section, in writing, of the violation and shall order corrective action(s). The time for compliance shall be in accordance with division (F), Installation of assemblies.
(2) Failure to correct the violation within 30 days of notice shall result in a civil citation of $500 being issued by the Town, assessed to the owner. The citation shall specify the nature of the violation and the provision(s) of this section, and notify the offender that the civil penalty for the violation is as set forth below and is to be paid to the Town at 180 SW Broad Street, Southern Pines, NC 28387, within 30 days. If the penalty prescribed herein is not paid within the time allowed, the Town may initiate a civil action in the nature of a debt, and recover the sums set forth below plus the cost of the action.
(3) Any offender who shall continue any violation beyond the time limit provided for the aforementioned notification shall be subject to a civil penalty of $1,000 per violation. Each additional 30 days in which a violation of any provision of this section shall occur or continue shall constitute a separate and distinct offense resulting in an additional $1,000 penalty per violation.
(4) Any failure to correct any violation within 90 of initial notification, including payment of outstanding penalties, may result in discontinuance of water service, including meter removal, until full compliance is achieved and verified by a Town designee.
(5) The submission of falsified reports/ records may result in a civil penalty of $1,000 per violation assessed to the certified tester.
(a) If a certified backflow prevention assembly tester submits falsified records to the Town, the Town shall take the necessary actions to disqualify the tester from testing backflow prevention assemblies within the potable water system for a time period not less than 1 year. The tester will then be required to complete an approved backflow certification course to acquire a new certification to qualify to test backflow preventers connected to the Town's potable water system.
(b) Falsification made to records/ reports after becoming re-certified shall result in the permanent disqualification to test backflow prevention assemblies in the Town's potable water system, in addition to a civil penalty (as stated herein).
(6) Enforcement of this program shall be administered by the Director of Public Works, or designee.
(7) Requests for extension of time shall be made in writing to the Director of Public Works, or designee.
(L) Review. This chapter is subject to annual review by the Town Utilities Superintendent, and changes shall be resubmitted for approval if necessary to fulfill state and federal policy changes.
(M) A violation of this section is subject to the penalty provided in § 10.99(A).
(Ord. 1586, passed 10-13-2015; Am. Ord. passed 9-28-2017; Am. Ord. 1866, passed 6-9-2020; Am. Ord. 1953, passed 11-9-2021)