(A) Introductions.
(1) The purpose of this chapter is to define the authority of the Public Works Department of the town as the water purveyor in the elimination of all cross-connections within its potable water supply.
(2) This chapter shall apply to all users connected with the public works potable water supply regardless of whether the user is located within the town limits or outside the town limits.
(3) This chapter will comply with the Federal Safe Drinking Act, being 42 U.S.C. §§ 300(f) et seq., the State Administrative Code (Title 15A, Subchapter 8C), and the State Building Code (Volume II) as they pertain to cross-connections with the public water supply.
(Prior Code, § 51.090)
(B) Objectives. The specific objectives of this chapter for the Public Works Department of the town are as follows:
(1) To protect the public potable water supply of the town against actual or potential contamination by isolating within the consumers water system, contaminates or pollutants which could, under adverse conditions, backflow through uncontrolled cross-connections in to the public water system;
(2) To eliminate or control existing cross-connections, actual or potential, between the consumers potable water system(s) and non-potable or industrial piping system(s); and
(3) To provide a continuing inspection program of cross-connection control which will systematically and effectively control all actual or potential cross-connections which may be installed in the future.
(Prior Code, § 51.091)
(C) Responsibilities.
(1) Health Agency.
(a) The State Department of Environment Health and Natural Resources (Division of Health Services) has the responsibility for promulgating and enforcing laws, rules, regulations and policies to be followed in carrying out an effective cross-connection control program.
(b) The State Department of Environment Health and Natural Resources (Division of Health Services) has the primary responsibility of ensuring that the water purveyor operates the public potable water system free of actual or potential sanitary hazards, including unprotected cross- connections. They have the further responsibility of ensuring that the water purveyor provides an approved water supply at the service connection to the consumer’s water system; and, further, that he or she requires the installation, testing and maintenance of an approved backflow prevention assembly on the service connection when required.
(2) Water purveyor.
(a) Except as otherwise provided herein, the water purveyor’s (Public Works) responsibility to ensure a safe water supply begins at the source and includes all of the public water distribution system, including the service connection and ends at the point of delivery to the consumers water system(s). In addition, the water purveyor shall exercise reasonable vigilance to ensure that the consumer has taken the proper steps to protect the public potable water system. To ensure that the proper precautions are taken, the Public Works Department is required to determine the degree of hazard or potential hazard to the public potable water system; to determine the degree of protection required; and to ensure proper containment protection through an on-going inspection program.
(b) When it is determined that a backflow prevention assembly is required for the protection of the public system, the Public Works Department 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 a frequency as determined by the Public Works Department, to properly repair and maintain the assemblies, and to keep adequate records of each test and subsequent maintenance and repair, including materials and/or replacement parts.
(3) Plumbing inspections.
(a) The Plumbing Inspection Department of the county has the responsibility to not only review building plans and inspect plumbing as it is installed, but it also has the explicit responsibility of preventing cross-connections from being designed and built into the plumbing systems within its jurisdiction. Where the review of building plans suggests or detects the potential for cross-connections being made an integral part of the plumbing system, the Plumbing Inspector has the responsibility, under the State Building Code, for requiring that the cross-connections be either eliminated or provided with backflow prevention equipment approved by the State Building Code.
(b) The plumbing inspectors responsibility begins at the point of delivery and continues throughout the entire length of the consumers water system. The Plan Inspector should inquire about the intended use of water at any point where a point of delivery is actually called for by the plans. When such is discovered, it shall be mandatory that a suitable, backflow prevention assembly approved by the State Building Code be required by the plans and be properly installed. The primary protection assembly for containment purposes only shall have approval from the Public Works Department, the State Building Code and the State Department of Environment Health and Natural Resources.
(4) Consumer. The consumer has the primary responsibility of preventing pollutants and contaminants from entering his or her potable water system or the public potable water system. The consumer responsibility starts at the point of delivery from the public potable water system and includes all of his or her water system. The consumer, at his or her own expense, shall install, operate, test and maintain approved backflow prevention assemblies as directed by the Public Works Department. The consumer shall maintain accurate records of tests and repairs made to backflow prevention assemblies and shall maintain the records for a minimum period of three years. The records shall be on forms approved by the Public Works Department and shall include the list of materials or replacement parts used. Following any repair, overhaul, re-piping or relocation of an assembly, the consumer shall have it tested to ensure that it is in good operating condition and will prevent backflow. Tests, maintenance and repairs of backflow prevention assemblies shall be made by a certified backflow prevention assembly tester.
(5) Certified backflow prevention assembly tester. When employed by the consumer to test, repair, overhaul or maintain backflow prevention assemblies, a backflow prevention assembly tester will have the following responsibilities: The tester will be responsible for making competent inspections and for repairing or overhauling backflow prevention assemblies and making reports of the repair to the consumer and responsible authorities on forms provided by the Public Works Department. The tester shall include the list of materials or replacement parts used. The tester shall be equipped with and be competent to use all necessary tools, gauges or other equipment necessary to properly test, repair and maintain backflow prevention assemblies. It will be the tester’s further responsibility not to change the design, material or operational characteristics of an assembly. A certified tester shall perform the work and be responsible for the competency and accuracy of all tests and reports. A tester shall provide a copy of all test and repair reports to the consumer and to the Public Works Department within ten business days of any completed test or repair work. A tester shall maintain the records for a minimum of three years.
(Prior Code, § 51.092)
(Ord. passed 6-12-2003) Penalty, see § 51.99