(a) If, in the judgment of the Chairman of the Municipal Utility Commission of the City, an approved backflow prevention device is necessary for the safety of the public water system, the MUC Chairman, or his designated representative, shall give notice to the water customer to install such an approved device. The water customer shall, at his or her own expense, install such an approved device at a location and in a manner approved by the MUC Chairman, or his designated representative and shall have inspections and tests made of such approved devices as may be required by the Municipal Utility Commission of the City.
(b) 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 regular public water supply of the City of St. Albans may enter the supply or distributing system of said Municipality, unless such private auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Municipal Utility Commission of the City of St. Albans and by the West Virginia Division of Health.
(c) It shall be the duty of the Municipal Utility Commission of the City to cause surveys and investigations to be made of industrial and other properties served by the public water supply where actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be repeated as often as shall be deemed necessary.
(d) The MUC Chairman or his duly authorized representative shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the City for the purpose of inspection of the piping system or systems thereof. On request, the owner, lessees or occupant of any property so served shall furnish to the Municipal Utility Commission of the City any information that may be requested regarding the piping system or systems of water use on such property. The refusal of such information shall be deemed evidence of the presence of improper connections as provided in this section.
(e) The MUC Chairman, or his duly authorized representative, is hereby authorized and directed to discontinue, after reasonable notice to the occupant thereof, the water service to any property wherein any connection in violation of the provisions of this section is known to exist, and to take such other precautionary measures as he may deem necessary to eliminate any danger of contamination of the public water system. Water service to such property shall not be restored until such conditions shall have been eliminated or corrected in compliance with the provisions of this section.
(f) The Municipal Utility Commission of the City shall establish Rules and Regulations to govern the application and oversight of the backflow prevention program.
(g) Nothing contained within this section is intended to create, nor shall be construed as to create or form the basis for any civil or administrative liability whatsoever on the part of the City, the Municipal Utility Commission of the City, or any of its respective officers, employees or agents, for any injury or damage resulting to any person whomsoever as a consequence of any action or inaction on the part of the City, relating in any manner to the enforcement or non- enforcement of this section by the officers, officials, employees, or agents of the City or the Municipal Utility Commission of the City.
(Ord. 2004-05. Passed 4-5-04.)