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§ 52.15 LEGAL AUTHORITY.
   (A)   Purpose and policy. The purpose of this subchapter is to protect the public potable water supply of Vincennes, Indiana, from the possibility of contamination or pollution due to backflow of contaminants through the water service connection. This subchapter outlines procedures for promoting the elimination or control of existing cross connections, actual or potential, and establishes a systematic approach for maintaining a continual program of cross connection control.
   (B)   Responsibilities. The city potable water system shall be considered as made up of two parts: The utility system and the user's system:
      (1)   The utility system shall consist of the source facilities and the distribution system and shall include all air gaps or approved backflow prevention assemblies properly installed and maintained, up to the point where the user's system begins. The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the distribution system. The distribution system shall include the network of mains used for the delivery of water from the source to the user's system.
      (2)   The user's system shall include those parts of the facilities beyond the termination of the utility distribution system which are utilized in conveying utility-delivered potable water to points of use.
   (C)   Legal authority. 
      (1)   This subchapter sets forth uniform requirements for users of the city drinking water system and enables the utility to comply with applicable state and federal laws. Legal authority is established under Indiana Law in the following areas:
         (a)   I.C. Title 36, Article 1: General Provisions. Establishes the authority of any city in the State of Indiana to exercise any power or perform any function necessary to the public interest in the context of its municipal or internal affairs.
         (b)   327 IAC Article 8, Rule 10: Public Water Supply. Prohibits the construction or maintenance of a cross connection on public water supply systems.
         (c)   675 IAC 16: Plumbing Code. Requires protection of the public water supply from contaminates due to backflow of contaminants through the water service connection.
      (2)   The utility shall be the interpreter of this subchapter and shall retain all authority as to whether such a backflow prevention device is required. If such a backflow prevention device is required, the utility, in its sole discretion, shall determine the type and the location of the device. The utility may order installation of said device by written notice to the user, under the conditions defined therein. Users located outside of the corporate limits of the City of Vincennes are also subject to the provisions of this subchapter.
      (3)   This subchapter is in addition to and supplements the uniform Indiana Plumbing Code (675 IAC 16) and shall not supersede the provisions of the plumbing code.
   (D)   Effect of subchapter related to other laws. In the event that the requirements of this subchapter differ or conflicts with any other state law authorizing the enactment of these requirements, the provisions of this subchapter shall apply and the stricter of the two shall be observed. It shall be understood that under no circumstances shall this subchapter be construed to contradict existing state law regulating this matter.
   (E)   Reference standards. The standards established by the American Water Works Association (AWWA) and the Foundation for Cross Connection Control and Hydraulic Research (FCCC & HR) cited in this subchapter are hereby adopted and incorporated herein by reference.
(Ord. 14-2023, passed 10-23-23)
§ 52.16 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AIR GAP (AG). A physical separation between the free-flowing discharge end of a potable water supply pipeline and the overflow rim of an open or non-pressure receiving vessel. An approved air gap shall be at least double the inside diameter of the supply pipe measured vertically above the overflow rim of the vessel, or six inches, whichever is less; and in no case less than one inch. In cases where:
      (1)   A side wall, rib, or similar obstruction is spaced closer than three diameters from the piping affecting the air gap; or
      (2)   Two intersecting walls are located closer than four pipe diameters from the piping affecting the air gap; a minimum of three times the diameter of the discharge pipe or six inches, whichever is less, is required above the maximum recorded flood level or above the flood level rim of the receiving vessel, whichever is higher.
   APPROVED. Accepted by the utility as meeting an applicable specification stated or cited in this chapter, or as suitable for the proposed use.
   ATMOSPHERIC VACUUM BREAKER BACK-SIPHONAGE PREVENTION ASSEMBLY (AVB). A device or assembly composed of an air inlet valve, a check valve seat, and an air inlet port. The flow of water into the body causes the air inlet valve to close the air inlet port. When the flow of water stops the air inlet valve falls and forms a check against Back-siphonage. At the same time, it opens the air inlet port allowing air to enter and satisfy the vacuum. Also known as an ATOMOSPHERIC VACUUM BREAKER.
   AUXILIARY WATER SUPPLY. Any water supply on or available to the premises other than the utility's approved public water supply. These auxiliary waters may include water from another utility's public potable water supply or any natural source(s) such as a well, spring, river, stream, etc., or USED WATERS or INDUSTRIAL FLUIDS. These waters may be contaminated or polluted, or they may be objectionable and constitute an unacceptable water source over which the utility does not have sanitary control.
   BACKFLOW. The reversal of the normal flow of water caused by either backpressure or back- siphonage.
   BACKFLOW PREVENTION DEVICE TESTER, CERTIFIED. A person in good standing who is qualified to test backflow prevention devices and has proven their competency to the satisfaction of the appropriate regulatory agencies.
   BACKPRESSURE. The flow of water or other liquids, mixtures or substances under pressure into the distribution pipes of a potable water supply system from any source or sources other than the intended source.
   BACK-SIPHONAGE. The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply caused by the reduction of pressure in the potable water supply system.
   BACKFLOW PREVENTER/BACKFLOW PREVENTION DEVICE/BACKFLOW PREVENTION ASSEMBLY. An approved assembly or means designed to prevent backflow.
   CONTAMINATE/CONTAMINATION. An impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual, or potential hazard to the public health through poisoning or through the spread of disease or creates a nuisance condition such as discoloration, staining, tastes or odors.
   CROSS CONNECTION. Any physical connection or arrangement of piping or fixtures between two otherwise separate piping systems, one of which contains potable water and the other non-potable water or industrial fluids of questionable safety, through which, or because of which, backflow or back-siphonage may occur into the potable water system.
   CROSS CONNECTION CONTROL BY CONTAINMENT. The installation of an approved backflow prevention assembly at the water service connection (downstream side of the water meter before any branching) to any user's premises where it is physically and economically unfeasible to find and permanently eliminate or control all actual or potential cross-connections within the user's water system; or it shall mean the installation of an approved backflow prevention assembly on the service line leading to and supplying a portion of a user's water system where there are actual or potential cross-connections which cannot be effectively eliminated or controlled at the point of the cross-connection.
   CROSS CONNECTIONS CONTROLLED. A connection between a potable water system and a non-potable water system with an air gap or approved backflow prevention assembly properly installed and maintained so that it will continuously afford the protection commensurate with the degree of hazard.
   DEGREE OF HAZARD. An evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system, including, but not necessarily limited to any health hazard, pollution hazard, plumbing hazard, and/or system hazard.
   DOUBLE CHECK VALVE BACKFLOW PREVENTION ASSEMBLY (DC). A device or assembly composed of two tightly closing shut-off valves surrounding two independently acting check valves, with four test cocks, one upstream of the four valves and one between each of the four check and shut-off valves.
   DOUBLE CHECK-DETECTOR BACKFLOW PREVENTION ASSEMBLY (DCDA). A specifically designed assembly composed of a line-size approved double check valve assembly with a bypass containing a specific water meter and an approved double check valve assembly.
   HEALTH HAZARD. Any condition, device, or practice in the water supply system and its operation, which could create, or in the judgment of the utility, may create a danger to the health and wellbeing of any water consumer or user.
   INDUSTRIAL FLUIDS SYSTEM. Any system containing a fluid or solution, which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollution or plumbing hazard if introduced into an approved water supply. This may include, but not be limited to: polluted or contaminated waters; all types of process waters and USED WATER originating from the public potable water system which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalines, circulating cooling waters connected to an open cooling tower and/or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, rivers, irrigation canals or systems, etc.; oils, gases, glycerin, paraffin, caustic and acid solutions and other liquid and gaseous fluids used in industrial or other purposes or for fire-fighting purposes.
   NON-POTABLE WATER. Water which is not safe for human consumption, or which is of questionable potability.
   PLUMBING HAZARD. A plumbing type cross connection in a user's potable water system that has not been properly protected by an approved air gap or approved backflow prevention assembly.
   POLLUTION. The presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health, but which does adversely and unreasonably affect such waters for domestic use.
   POLLUTION HAZARD. An actual or potential threat to the physical water system which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.
   POTABLE WATER. Any water which, according to recognized standards, is safe for human consumption.
   PRESSURE VACUUM BREAKERS (PVB). A device or assembly containing an independently operating internally loaded check valve and an independently operating loaded air inlet valve located on the downstream side of the check valve for relieving a vacuum or partial vacuum in a pipeline.
   REDUCED PRESSURE PRINCIPAL BACKFLOW PREVENTION ASSEMBLIES (RP). A device composed of two tightly closing shut-off valves surrounding two independently acting pressure reducing check valves that, in turn, surround an automatic pressure differential relief valve, and four test cocks, one upstream of the five valves and one between each of the four check and shut-off valves. The check valves effectively divide the structure into three chambers, pressure is reduced in each downstream chamber allowing the pressure differential relief valve to vent the chamber to atmosphere should either or both check valves malfunction.
   SPILL RESISTANT VACUUM BREAKER (SRVB). 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 a properly located, resilient seated test cock, a properly located bleed or vent valve, and tightly closing, resilient seated shutoff valves, at each end of the assembly.
   SUPERINTENDENT. The Superintendent of the Water Department of the City of Vincennes who is vested with the authority and responsibility for the implementation of an effective cross connection control program and for the enforcement of the provisions of this subchapter.
   SYSTEM HAZARD. An actual or potential threat of severe damage to the physical properties of the public potable water system or the user's potable water system or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system. Also included is the introduction of a material not dangerous to health but aesthetically objectionable that would have a degrading effect on the quality of the potable water in the system.
   USED WATER. Any water supplied by a water utility from a public potable water system to a user's water system after it has passed through the point of delivery and is no longer under the sanitary control of the water utility.
   USER. A user of the City of Vincennes Water Department.
   UTILITY. Refers to the City of Vincennes Water Department.
   WATER SERVICE CONNECTION. The terminal end of a service connection from the public potable water system; i.e., where the utility loses jurisdiction and sanitary control over the water at its point of delivery to the user's water system. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter, provided the meter is installed outside of a building; i.e., in a meter pit or vault. If the meter is installed inside a building, then the water utility's jurisdiction terminates at the downstream end of the outside shut off valve to the water service. There should be no unprotected takeoffs from the service line ahead of any meter or ahead of any backflow prevention assembly. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system.
(Ord. 14-2023, passed 10-23-23)
§ 52.17 BACKFLOW PREVENTION REQUIREMENTS.
   (A)   Use of backflow prevention assemblies.
      (1)   No water service connection to any premise shall be installed or maintained by the utility unless the water supply is protected as required by the City of Vincennes laws and regulations and this subchapter. Service of water to any premise shall be discontinued by the utility if a backflow prevention assembly required by this subchapter is not installed, tested, and maintained, or if it is found that a backflow prevention assembly has been removed, bypassed, or if an unprotected cross-connection exists on the premises. Services will not be restored until such conditions or defects are corrected.
      (2)   The user's system shall be open for inspection at all reasonable times to authorized utility representatives to determine whether unprotected cross-connections or other structural or sanitary hazards, including violations of this subchapter, exist. When such a condition becomes known or suspected, the utility shall deny or immediately discontinue service to the premises by providing for a physical break in the service line until the user has corrected the condition(s) in conformance with this subchapter and all regulations listed in § 52.15 and included per reference herein.
      (3)   An approved backflow prevention assembly shall be installed on each service line wherever the following conditions exist:
         (a)   In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the utility, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line appropriate to the degree of hazard;
         (b)   In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential health, plumbing, pollution, and/or system hazard, the public system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line appropriate to the degree of hazard. This shall include the handling of process waters and waters originating from the utility system which have been subject to deterioration in quality; and
         (c)   In the case of premises having an internal cross connection that cannot be permanently corrected or controlled, an intricate plumbing and piping arrangements, or where entry to all portions of the premises are not readily accessible for inspection purposes, making it impractical or impossible to ascertain whether or not dangerous and/or hazardous cross connections exist, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line or lines where potential health, plumbing, pollution, and/or system hazards could exist.
   (B)   Selection of backflow prevention assemblies. The type of protective assembly required shall depend upon the degree of hazard which exists as follows:
      (1)   An air gap (AG) or a reduced pressure principle backflow prevention assembly (RP) shall be installed:
         (a)   At any premise which has an auxiliary water supply.
         (b)   At any premise which has the potential for any material dangerous to health that could create an actual or potential health, plumbing, pollution, and/or system hazard, including, but not limited to, wastewater treatment plans, wastewater pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants.
         (c)   At any premise which has uncontrolled cross connections, either actual or potential.
         (d)   At any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross connection survey.
         (e)   At any residential, commercial, or industrial facility deemed by the utility to pose a contamination hazard and/or a health, plumbing, pollution, and/or system hazard.
      (2)   A reduced pressure principle backflow prevention assembly (RP) shall be installed:
         (a)   At all new connections to the utility's water supply.
         (b)   At residential facility with hot water heat (boilers). Such boilers should have, as per the Indiana Plumbing Code, an expansion tank and or safety valves to prevent expansion problems.
         (c)   On any domestic service line tapped into a fire line.
      (3)   A double check valve backflow prevention assembly (DC) shall be installed where there is water or a substance that would be objectionable but not a health, pollution, or system hazard, if introduced into the public water system.
      (4)   A pressure vacuum breaker (PVB), an air gap (AG), or a reduced pressure principle backflow prevention assembly (RP) shall be installed on the water line connecting the public water supply to any lawn irrigation systems, including similar lawn-care systems and garden hose spigots buried below ground that has a sprinkler outlet located less than six inches above grade and construction after July 19, 1985.
      (5)   A double check detector assembly (DCDA) shall be installed on all fire sprinkler systems upstream of the fire riser and Siamese (fire department) connection. If a chemical is used for winterizing or for fire suppression, a reduced pressure principle backflow preventer (RP) must be used.
   (C)   Installation of backflow prevention assemblies.
      (1)   The backflow prevention device shall be located immediately downstream of the water meter. There shall be no taps upstream of the backflow prevention devices that are not protected by additional backflow prevention devices. The existence of backflow prevention devices on the user's premises other than at this required location shall not negate the requirement at this location. Exact installation alignment and elevation requirements shall be determined by reference to 327 IAC 8-10-7 and other applicable state law regulations.
      (2)   Users needing continuous water service that cannot be interrupted for testing the backflow prevention device shall install a lockable bypass system so as not to interrupt water service for testing and maintenance of the devices.
      (3)   Heat exchange loops, intentionally returning water to the public supply, shall not be allowed. Any other loop or set of taps into a private water system allowing water to return to the public system shall require appropriate backflow prevention devices on all taps.
      (4)   Pre-existing facilities that have no backflow prevention device and where there is a health, plumbing, pollution, and/or system hazard shall be required to install an appropriate device within two years after the effective date of this subchapter.
      (5)   All presently-installed backflow prevention assemblies which do not meet the requirements of this subchapter that were approved devices for the purposes described in this subchapter at the time of installation and which have been properly maintained, shall be excluded from the requirement of this subchapter so long as the utility is assured that they will satisfactorily protect the utility system. These facilities will be required to comply with the subchapter, at the user's expense, upon the occurrence of any one of the following events:
         (a)   Change of ownership or occupancy of the facility;
         (b)   Remodeling of the facility, including but not limited to the addition of machinery or chemicals;
         (c)   Installation of a new service line or upgrade to existing water service, including but not limited to relocation of the existing backflow prevention device;
         (d)   Occurrence of a backflow event; or
         (e)   Determination by the utility that the assembly or its maintenance constitutes a health, pollution, and/or system hazard.
(Ord. 14-2023, passed 10-23-23)
§ 52.18 COMPLIANCE.
   (A)   Inspection of backflow prevention assemblies.
      (1)   The user's system should be open for inspection at all reasonable times to authorized representatives of the utility to determine whether there exists cross connections or other structural or sanitary hazards, including violations of this subchapter or regulations which are adopted through this subchapter. Any water user or owner of a private water supply system shall allow access to their facilities for inspection of their system and for testing of any backflow prevention device. If access for inspection is denied on the basis of government security or any other reason, a maximum hazard shall be assumed requiring a reduced pressure backflow prevention device.
      (2)   Each cross-connection control device shall be inspected or tested at the time of construction or installation. Additionally, all users and owners of private water supply systems which connect to the utility are required to maintain any backflow prevention device and shall have them inspected and tested at the intervals as indicated in division (C) below, by a certified inspector, who shall report the results to the utility and to the user. The inspection shall be at the expense of the user. Inspector certification is done by the State of Indiana and a certificate is issued accordingly. All repairs to the device are the responsibility of the user.
   (B)   Retention of reports for backflow prevention assemblies. The inspector shall report to the utility and user all results of the inspection or tests conducted. Reports shall be submitted to the utility within 30 days of the inspection or test. The user shall retain records of all testing, repair, and approval of backflow prevention devices for a three-year period. The utility is required to retain all records of testing and repair of such devices. The utility shall permit access to these files at reasonable times and upon presentation of identification by the commissioner of IDEM, or their authorized representative.
   (C)   Testing of backflow prevention assemblies. The testing frequency shall be as follows:
      (1)   Air gaps (AG) shall be inspected at intervals not exceeding one year to ensure that they continue to meet the requirements.
      (2)   Reduced pressure principle backflow prevention assembly (RP) shall be tested at intervals not exceeding one year to ensure that both check valves are drip tight under all pressure differentials and that the pressure differential relief valve will maintain pressure in the center chamber of at least two pounds per square inch below that of the inlet chamber.
      (3)   Double check valve backflow prevention assembly (DC) shall be tested at intervals not exceeding one year to ensure that both check valves are drip tight under all pressure differentials.
      (4)   Double check-detector backflow prevention assembly (DCDA) shall be tested at intervals not exceeding one year to ensure that both check valves are drip tight under all pressure differentials.
      (5)   Pressure vacuum breakers (PVB) and spill resistance vacuum breakers (SRVB) shall be tested at intervals not exceeding one year to ensure that the air inlet opens fully when water pressure is at or below atmospheric pressure.
      (6)   Atmospheric vacuum breaker back-siphonage prevention assemblies (AVB) shall be tested at intervals not exceeding one year to ensure proper operation of the air inlet valve. Removal of canopy may be necessary to determine free movement of air inlet valve.
      (7)   An inspection tag must be installed upon completion of testing, calibration, or repair of any cross-connection control device. The inspection tag must be waterproof and protected against tampering and must have at least the following information:
         (a)   The name of the inspector;
         (b)   The date of the inspection; and
         (c)   The registration number, model number, serial number, and size of the cross-connection control device.
   (D)   Approval of backflow prevention assemblies. Any backflow prevention assembly required under this subchapter shall be a model and size approved by the utility. The term "approved backflow prevention assembly" shall mean an assembly that has been manufactured in full conformance with the standards established by the American Water Works Association (AWWA) entitled "AWWA C506-84 Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices." Said assembly shall meet the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research (FCCC&HR) of the University of Southern California established by Specifications of Backflow Prevention Assemblies - Section 10 of the most current issue of the Manual of Cross Connection Control or those acceptable under the Indiana plumbing code pursuant to the Fire Prevention and Building Safety Commission rules (675 IAC 16-1.2). Incorporated by reference is the "List of Approved Backflow Prevention Assemblies" by the FCCC&HR, latest version, including vertically installed reduced pressure principal backflow preventers. Final approval shall be evidenced by a Certificate of Approval issued by an approved testing laboratory certifying full compliance with the said AWWA standards and FCCC&HR specifications.
   (E)   User responsibility. It shall be the duty of the user at any premises where backflow prevention assemblies and/or cross-connection control devices are installed to have certified inspections and operational tests made upon installation and at the frequency dictated in this subchapter. In those instances where the utility deems the degree of hazard to be great enough, the Superintendent may require certified inspections at more frequent intervals. These inspections and tests shall be at the expense of the user and shall be performed by a certified tester, as indicated in this subchapter. Users who fail to test said assemblies/devices in accordance with this subchapter may face penalties, including fines and disconnection of service, as described in division (F) below. All backflow prevention assemblies and/or cross-connection control devices shall be repaired, overhauled or replaced at the expense of the user whenever said assemblies are found to be defective. Records of such tests, repairs and overhaul shall be kept and made available to the utility.
   (F)   Penalties for noncompliance.
      (1)   Service of water to any premises may be discontinued by the utility if a backflow prevention assembly and/or cross-connection control device required by this subchapter is not installed, tested and maintained, or if it is found that a backflow prevention assembly has been removed, bypassed, or if an unprotected cross connection exists on the premises. Service will not be restored until such conditions or defects are corrected.
      (2)   Any person who violates any provision of this subchapter for which no other penalty is otherwise specifically provided shall be fined not more than $1,000. A separate offense shall be deemed committed on each day that a violation occurs or continues.
      (3)   When a violation becomes known, the Superintendent may deny or immediately discontinue service to the premises by providing for a physical break in the service line until the user has corrected the condition(s) in conformance with the state statutes and city ordinances relating to plumbing and water supplies and the regulations adopted pursuant thereto.
   (G)   Exemptions.
      (1)   Exemptions to this subchapter shall be in accordance with all written requirements of the Indiana Plumbing Code, incorporated herein by reference. Any exemptions must be issued by the Commissioner of the Indiana Department of Environmental Management (IDEM), based on exempted activities as stated in 327 IAC Article 8, Rule 10. An exemption shall remain valid for no more than three years from the date of issuance. If it is found by the Commissioner of IDEM that the user has become a cross connection hazard, the exemption will be voided, and the user notified.
      (2)   Any change in the process, plumbing, or materials used or stored at an exempted facility must be reported to the utility at least 14 days prior to making the change. Failure to do so may result in a voided exemption.
(Ord. 14-2023, passed 10-23-23)