Georgetown Idaho

ORDINANCE #72

CROSS CONNECTION ORDINANCE

AN ORDINANCE OF THE CITY OF GEORGETOWN ESTABLISHING REGULATIONS FOR CROSS CONNECTION SAFETY, CONTROL, MAINTENANCE, AND INSPECTION; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR ENFORCEMENT DATES:

NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF GEORGETOWN, IDAHO AS FOLLOWS:

Section 1: Title and Purpose. The purpose of this chapter is to protect the public health of water consumers by the control of actual and/or potential cross-connections. This ordinance is intended to protect the City potable water supply by eliminating to the extent possible, any arrangement of pipes, fittings, fixtures, hoses, or devices that connect a non-potable water source or any other substance to the city water system.

Section 2: Definitions. As used in this ordinance, unless context otherwise requires, the following words and terms shall have the meanings ascribed to them in this Section:

A. “City” means the city of Georgetown, Idaho

B. “Backflow” means the flow other than the intended direction of flow of any foreign liquids, gases or substances into the distribution system of a potable supply of water.

C. “Backflow prevention device” means a device to counteract back pressure or prevent back siphon age that has been field tested and evaluated by an approved testing laboratory.

D. “Contamination” means the entry into or presence in a public water supply of any substance which may be deleterious to health and/or quality of the water.

E. “Cross-connection” means any unprotected actual or potential connection or structural arrangement between a public and a consumer’s potable water system and any other source or system through which it is possible to introduce into any part of the potable water system any used water, industrial fluid, gas or substance other than the intended potable water with which the system is supplied.

F. “Customer” means any person or persons or other entity using or seeking use of the municipal water or sewer systems of the city.

G. “Potable water supply” means any system or water supply intended or used for human consumption or other domestic uses.

H. “Public Water supply” means the municipal water supply of the city and any main lines, equipment or appurtenances thereto.

Section 3: Cross-connections prohibited. The installation or maintenance of a cross-connection which will endanger the water quality of the potable water supply system of the city is unlawful and is prohibited. Any such cross-connection now existing or hereafter installed is declared to be a public hazard and the same shall be abated. The control or elimination of cross-connections shall be in accordance with this chapter and in compliance with the current Idaho Rules of Public Drinking Water Systems, IDAPA 58.01.08.550.07, as promulgated by the state ofIdaho for cross connections and as may be amended from time to time.

Section 4: Backflow prevention devices.

A. When Required. No water service connection to any premises shall be installed or maintained by the city unless the water supply is protected as required by state law and regulation and this chapter. Service of water to any premises may be discontinued by the city if a backflow prevention device required by this chapter is not installed, tested and maintained, or it is found that a backflow prevention device has been removed, bypassed, or if an unprotected cross-connection exists on the premises, Water service shall not be restored until such conditions are corrected.

B. Inspection of Customer’s System – Denial of Water Service for Violations. The customer’s system shall be open for inspection and tests at all reasonable times to authorized representatives of the city to determine whether cross-connection or other hazards, including violations of these regulations, exist. When such a condition becomes known, the city may deny or immediately discontinue water service to the premises after providing notice to the customer until corrections have been rectified in accordance with the state statute and city ordinances relating to plumbing and water supplies and the regulations adopted pursuant thereto.

C. Backflow Prevention Device – Installation at Property Line.
Where required, an approved backflow prevention device shall be installed or each service line to a customer’s water system at or near the property line or immediately inside the building being served, but, in all cases, before the first branch line leading off the service line. The customer shall bear all expense in furnishing and installing the backflow prevention device.

D. Backflow Prevention Device – Circumstances Requiring Installation. Backflow prevention devices shall be installed and permanently tagged with “Danger Unsafe Water or Non-Potable Water” under circumstances including, but not limited to, the following.

1. Premises having an auxiliary water supply;

2. Premises having cross-connections that are not correctable, or intricate plumbing arrangements which make it impractical to ascertain whether or not cross-connections exist;

3. Premises where entry is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure that cross-connections do not exist.

4. Premises having a history of cross-connections being established or reestablished;

5. Premises on which any substance is handled under pressure so as to permit entry into the public water supply, or where a cross-connection could reasonable be expected to occur. This shall include the handling of process waters and cooling waters;

6. Premises where materials of a toxic or hazardous nature are handled in such a way that if back-siphon age should occur, a serious health hazard might result.

7. A backflow prevention device ofthe type specified shall be installed at the facilities listed in the current Idaho rules for Public Drinking Water Systems, IDAPA 58.01.08.900.02 Table 2;

E. Types of Backflow Prevention Device. The type of protective device required shall depend on the degree of hazard which exists:

1. An air-gap separation or a reduced-pressure-principle backflow prevention device shall be installed where the public water supply may be contaminated with sewage, industrial waste of a toxic nature, or other contaminant which could cause a health or system hazard.

2. In the case of a substance which may be objectionable but not hazardous to health, a double-check valve assembly, air-gap, separation, or a reduced-pressure-principle backflow prevention device shall be installed.

F. Backflow Prevention Device – Supervision of Installation. Backflow prevention devices required by this chapter shall be installed under the supervision of the city.

G. Approval of Backflow Prevention Device. Any backflow prevention device required by this chapter shall be approved by the city prior to installation.

H. Backflow Prevention Device – Customer’s Expense. All backflow prevention devices shall be furnished and installed at the expense of the customer.

I. Yearly Inspection of Backflow Prevention Device. It shall be the duty of the customer at any premises where backflow prevention devices are installed to have certified inspections and operational tests made at least once per year. Tests shall be at the expense of the customer and shall be performed by a certified tester per IDAP A 58.01.08.550.07. These devices shall be repaired, overhauled, or replaced at the expense of the customer whenever said devices are found to be defective. Records of such tests, repairs and overhaul shall be kept and copies of said test(s) shall be filed with the director of public works of the city.

J. Fire-Control and Underground Sprinkling Devices. Fire-control devices and underground sprinkling devices shall be installed with adequate backflow prevention devices; this shall include irrigation sprinkler systems.

Section 5: Cross-connection inspection.

A. No water shall be delivered to any structure hereafter built within the city or within the areas served by the city water until the same shall have been inspected by the city for possible cross-connections and has been approved as being free of the same.

B. Any construction for industrial or other purpose which is classified as hazardous facilities where it is reasonable to anticipate intermittent cross-connections, or as determined by the city, shall be protected by the installation of one or more backflow prevention devices at the point of service from the public water supply or any other location designated by the city.

C. Inspection shall be made periodically by the city of all buildings, structures or improvements of any kind now receiving water from the city’s system to ascertain whether cross-connection exist.

Section 6: Liability. This chapter shall not be construed to hold the city responsible for any damage to persons or property by reason of the inspection or testing in this chapter, or the failure to inspect or test or by reason of approval of any cross-connections.

Section 7: Violation – Penalty. Any person who violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any of the provisions of this chapter or the rules and regulations adopted by the city, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall for each offense be punished by a fine in any sum not exceeding three hundred dollars ($300.00), or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.

Section 8: Conflicting Ordinances. All ordinances in conflict herewith are hereby repealed.

Section 9: Severability. If any portion of this ordinance is determined by a court of competent jurisdiction to be void or unenforceable, all other provisions shall remain in full force and effect.

Section 10: Reading Requirements of Idaho Code 50-902. One half (1/2) plus one (1) of the members of the full council agree to dispense with the rule requiring the reading of this ordinance on three (3) separate occasions.

Section 11: Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval, and publication as provided by law.

PASSED AND APPROVED by the Mayor and the City Council of the City of Georgetown, Bear Lake County, Idaho, this 1st day of July 2008.

Albert K. Johnson, Mayor

ATTEST: Marty Nate, City Clerk