§ 52.49  CROSS CONNECTIONS.
   (A)   The city adopts by reference the water supply cross connection rules of the Michigan Department of Public Health, being 1977 AACS 325.11401 to R 325.11407, of the Michigan Administrative Code.
      (1)   Definitions.
         BACKFLOW. Water of questionable quality, wastes or other contaminants entering a public water supply system due to a reversal of flow.
         CROSS CONNECTION. A connection or arrangement of piping or appurtenances through which a backflow could occur.
         SECONDARY WATER SUPPLY. A water supply system maintained in addition to a public water supply, including but not limited to water systems from ground or surface sources not meeting the requirements of Public Act 399 of 1976, being M.C.L.A. §§ 325.1001 through 325.1023, as amended, or water from a public water supply which in any way has been treated, processed or exposed to any possible contaminant or stored in other than an approved storage facility.
         SAFE AIR GAP. The minimum distance of a water inlet or opening above the maximum high water level or overflow rim in a fixture, device or container to which public water is furnished which shall be at least two times the inside diameter of the water inlet pipe; but shall not be less than one inch and need not be more than 12 inches.
         SUBMERGED INLET. A water pipe or extension thereto from a public water supply terminating in a tank, vessel, fixture or appliance which may contain water of questionable quality, waste or other contaminants and which is unprotected against backflow.
         WATER UTILITY. A governmental unit, municipal or private corporation, association, partnership or individual engaged in furnishing water to the public for commercial, industrial, household or drinking purposes.
      (2)   Rules.
         (a)   A cross connection shall not be made between a public water supply system and a secondary water supply.
         (b)   A cross connection shall not be made by submerged inlet.
         (c)   A cross connection shall not be made between a public water supply system and piping which may contain sanitary waste or a chemical contaminant.
         (d)   A cross connection shall not be made between a public water supply system and piping immersed in a tank or vessel which may contain a contaminant.
   (B)   It shall be the duty of the City Water Department to cause inspections to be made of all properties served by the public water supply where cross connections with the public water supply is deemed possible. The frequency of inspections and reinsertions based on potential health hazards involved shall be as established by the City Water Department and as approved by the Michigan Department of Environmental Quality.
   (C)   Representatives of the City Water Department shall have the right to enter at any reasonable time any property served by a connection to the public water supply system of the city for the purpose of inspecting the piping system or systems thereof for cross connections. On request the owner, lessees or occupants of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. The refusal of such information or refusal of access, when requested, shall be deemed evidence of the presence of cross connections.
   (D)   The City Water Department is authorized and directed to discontinue water service after reasonable notice to any property wherein any connection in violation of this section exists and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water supply system. Water service to such property shall not be restored until the cross connection has been eliminated in compliance with the provisions of this section.
   (E)   The potable water supply made available on the properties served by the public water supply shall be protected from possible contamination as specified by this section and by the State of Michigan Plumbing Code. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled in a conspicuous manner as:
   WATER UNSAFE FOR DRINKING
   (F)   All testable backflow prevention assemblies shall be tested at the time of installation or relocation and after any repair. Subsequent testing of devices shall be conducted on an annual basis as specified by the city and in accordance with Michigan Plumbing Code and Michigan Department of Environmental Quality requirements. Only individuals that hold a valid Michigan plumbing license and have successfully passed an approved backflow testing class shall perform such testing. Each tester shall also be approved by the city. Individual(s) performing assembly testing shall certify the results of his or her testing.
   (G)   If any provisions of the city code, any ordinances of the county or any statutes of the State of Michigan shall impose greater restrictions than herein set forth, then such provisions or statutes shall control.
   (H)   The enforcement of this section shall be conducted by the City Manager or by such other city employee or employees as the City Manager may from time to time designate. Violation of any provision of this section shall be deemed a civil infraction. In lieu of discontinuing water service as authorized under division (D) of this section, the City Manager may direct that a municipal infraction citation be issued for a cross-connection violation (see § 36.06 of the City Code for a schedule of fines applicable when a municipal infraction citation issues). In addition to any penalties prescribed herein, any person or entity responsible for contamination of the city’s potable water supply due to a violation of this chapter shall be responsible for any monetary damages the city incurs as a result of said contamination or remediation of the same.
(1990 Code, § 2.49)  (Am. Ord. 603, passed 11-28-2011; Am. Ord. 622, passed 6-22-2015)
Statutory reference:
   Similar provisions, Mich. Administrative Rules 325.11401 through 11467