ORD NO 02-1996 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 7 2 4-
AN ORDINANCE FOR THE CONTROL OF BACKFLOW AND
CROSS CONNECTIONS FOR THE CITY OF VAN BUREN, ARKANSAS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS:
SECTION 1: PURPOSE
The purpose of this ordinance is as follows:
1.1 To protect the public potable water supply of Van Buren, Arkansas
from the possibility of contamination or pollution by isolating within the
customer's intemal distribution system(s) or the consumer's private water system(s), and
non potable water system(s), such contaminants or pollutants which could
backflow into the public potable water systems.
1.2 To promote the elimination or control of existing cross connections,
actual or potential, between the customers potable water system(s) and
nonpotable water systems, plumbing fixtures, and industrial piping systems.
1.3 To provide for the maintenance of a continuing program of cross
connection control that will systematically and effectively prevent the
contamination or pollution of all potable water systems.
SECTION 2: DEFINITIONS When used in this Ordinance, the following terms
shall have the stated meanings.
2.1 Administrative Fees A fee charged by the Van Buren Water and Sewer
Department to cover necessary cost of service incurred from operation of the
control of backflow and cross connections program.
2.2 Approved- accepted by the Manager as meeting an applicable
specification stated or cited in this ordinance, or as suitable for the proposed
use.
2.3 Approving Authority Manager of the Van Buren Water Sewer and
Solid Waste Department or his designated agent.
2.4 Auxiliary Water Supply any water supply on or available to the premises
other than the purveyor's approved public water supply will be considered an
auxiliary water supply. These auxiliary waters may include water from another
purveyor'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 un-
acceptable water source over which the water purveyor does not have sanitary
control.
2.5 Backflow flow of water or other liquids, mixtures or substances, under
positive or reduced pressure in the distribution pipes of a potable water supply
from any source other than its intended source, caused by either backpressure
or backsiphonage.
2.6 Backflow Prevention Assembly mechanical backflow prevention
assembly assembled with shutoff valves, and provided as a complete assembly
by a single manufacturer, used to prevent the flow of contaminants or pollutants
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into the City's water system. The assembly must have the approval of the
Foundation for Cross Connection Control and Hydraulic Research at the
University of Southern California, State of Arkansas Department of Health and
the City.
2.7 Backpressure a condition in which the pressure in a non potable system
is greater than the pressure in the potable water distribution system.
Backpressure will cause non potable liquids to flow into the potable water
distribution system through cross connections.
2.8 Backflow Prevention Device mechanical backflow preventer without the
shutoff valves. It does not have shutoff valve on either side of the backflow
prevention mechanism. Any backflow prevention assembly without the shutoff
valves is called a device.
2.9 Backsiphonage reverse flow of liquid caused by a partial vacuum or
negative pressure in the potable water distribution system, which may result from
water line breaks, or high water demands for fire fighting purposes, etc.
2.10 Board of Commissioners Van Buren Water, Sewer, and Solid Waste
Commission
2.11 Bypass any arrangement of pipes, plumbing, or hoses designed to
divert the flow around an installed device or assembly through which the flow
normally passes.
2.12 Certified Assembly Testing Technician (Tester) person certified by the
Arkansas Department of Health as an assembly testing technician
2.13 Certified Assembly Repairman Technician person certified by the
Arkansas Department of Health as an assembly repairman technician.
2.14 City the City of Van Buren, Arkansas.
2.15 Containment method of cross- connection control requiring a backflow
prevention assembly at point of service connection to the City's water system.
2.16 Contaminant substance that will impair the quality of the water to a
degree that it creates a health hazard.
2.17 Cross- Connection any physical connection or arrangement of piping or
fixtures between two otherwise separate piping systems, of which one contains
potable water and the other contains non potable water or industrial fluids of
questionable safety, through which, or because of which, backflow may occur
into the potable water system. This would include any temporary connections,
dummy section of pipe, swivel or change over devices or sliding multipor tube.
2.18 Cross- Connections Controlled a connection between a potable water
system with an approved backflow prevention assembly properly installed and
maintained so that it will continuously afford the protection commensurate with
the degree of hazard.
2.19 Gross Connection Control by Containment the installation of an
approved backflow prevention assembly at the water service connection to any
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customer's premises where it is physically and economically unfeasible to find
and permanently eliminate or control all actual or potential cross connections
within the customer'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 customer's water system where there are actual or
potential cross connections which cannot be effectively eliminated or controlled
at the point of cross connection.
2.20 Degree of Hazard danger posed by a particular substance or set of
circumstances. The term is derived from an evaluation of the potential risk to
public health and the adverse effect of the hazard on the potable water system.
2.21 Domestic refers to plumbing as defined by the State of Arkansas
Plumbing Code and is not associated with designated fire protection water
service lines and systems.
2.22 Double Check Valve Assembly (DCVA)- backflow prevention assembly
consisting of two independently operating check valves, 4 test cocks, and 2
shutoff valves. It is only appropriate for use against non health hazards. DCVA
can be subjected to backpressure.
2.23 Fire Protection System a fire protection system consists of pipes,
sprinklers, valves, fixtures, fittings, ponds, tanks water storage vessels and
fire hydrants that are intended and used exclusively for fire protection.
2.24 Inspector- person authorized by the Approving Authority to perform
inspections of Owner's facilities for the purpose to'determining compliance with
the City of Van Buren Cross Connection Control Program.
2.25 Isolation method to confine a potential source of contamination to the
non potable system being served; to provide a backflow prevention mechanism
at each actual or potential cross connection.
2.26 Lawn Irrigation System consists of pipes, sprinklers, valves, fixtures,
fittings, ponds, tanks and water vessels that are intended and used
exclusively for the purpose of lawn irrigation.
2.27 Multiple Services two or more services. In the case that two or more
water agencies are involved, the multiple service connections constitute and
"auxiliary source" of water on the property.
2.28 New Construction construction of a new facility, alteration or addition to
an existing facility, or modification or addition to existing plumbing, fire
protection, and lawn irrigation systems.
2.29 Owner "person" or "persons" who possess any interest in the structure
or property to which such ownership relates.
2.30 Pollution means 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.
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2.31 Program the City of Van Buren Cross Connection Control Program.
2.32 Responsible Man.ging Employee (RME) an individual or individuals
who shall be designated by each company that plans, sells, installs, maintains,
or services a fire protection sprinkler system on a full time basis to assure that
each fire protection sprinkler system as installed, maintained, or serviced
meets the standards as provided by state law.
2.33 Reduced pressure Zone Assembly (RPZA or Reduced Pressure Principle
Assembly backflow prevention assembly consisting of four test cocks, two
shutoff valves, two independently operating, spring loaded check valves with a
reduced pressure zone between the checks. The zone contains a relief port
which will open at atmosphere if the pressure in the zone falls within 2 psi of the
supply pressure. The assembly provides protection against both backpressure
and backsiphonage.
2.34 Retrofit replacement of an existing device or backflow prevention
assembly when the specifications or condition of the device or assembly are not
adequate for the degree of hazard found on the property as defined by this
program.
2.35 Shall mandatory; "may" or "will" is permissive.
2.36 Water Potable any water which, according to recognized standards, is
safe for human consumption.
2.37 Water Nonpotable water which is not safe for human consumption or
which is of questionable potability.
2.38 Water Service Connection the terminal end of a service connection
from the public potable water system; where the Water Purveyor loses sanitary
control at its point of delivery to the customer'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. There should be no unprotected
takeoffs from the service line ahead of any meter or any backflow prevention
assembly located at the point of delivery to the customer's water system. Service
connection shall also include water service connections from a fire hydrant and
all other temporary or emergency water service connections from the public
potable water system.
SECTION 3: APPROVING AUTHORITY
The Public Water System (PWS) Regulations and the State Plumbing
Code are complementary in protecting the consumer from contamination
introduced through cross connections. The PWS Regulations basically are
designed to protect the public water distribution system from contamination,
while the Plumbing Code is designed to protect the private potable water
plumbing, from backflows.
Location of an approved properly functioning backflow preventer on the
customers service line will be sufficient to protect the public water distribution
system from backflow, but this arrangement will not protect the users of the
building potable water plumbing where the cross connection occurs. Such a
cross connection control program is called a containment system, since any
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potential damage from a cross connection is contained within the plumbing of
the facility where it occurs.
To protect the users within the building itself, each device or plumbing
fixture which contains a cross connection must be individually protected by an
approved cross connection control device. This is what the State Plumbing
Code currently requires, and such a program is referred to as an isolation
program, since any contamination from a cross connection is isolated to the
plumbing device where the cross connection occurs.
The Approving Authority shall be responsible for the protection of the
public potable water distribution system from contamination or pollution due to
the backflow of contaminants through the water service connection. The
Approving Authority shall take action as necessary to meet the goals of the
program.
3.1 If, in the judgment of the Approving Authority an approved
backflow prevention assembly is required at the Owner's water service
connection for the safety of the public water system, the Approving Authority
shall give notice in writing to the Owner.
3.2 On new installations, the Approving Authority will provide
inspection and review of plans in order to determine if a backflow prevention
assembly shall be required.
3.3 For property with backflow prevention assemblies existing prior to
the adoption of this program, the Approving Authority will perform a review of
plans or inspection of property and inform the Owner in writing of any retrofit
required, the method of achieving the retrofit, and the time allowed for the
retrofit to be made.
3.4 The Approving Authority will not allow any cross connection to
remain unless it is protected by an approved backflow prevention assembly
which will be regularly tested to insure satisfactory operation, and the test
results are submitted to the Van Buren Water, Sewer, and Solid Waste
Department.
3.5 The Approving Authority shall inform the Owner in writing, of any
failure to comply. In the event the Owner fails to comply with the necessary
correction, the Approving Authority shall inform the Owner in writing, that the
water service to the Owner's property will be terminated. In the event that the
Owner informs the Approving Authority of extenuating circumstances as to why
the correction has not been made, a time extension may be granted by the
Approving Authority.
3.6 If the Approving Authority determines at any time that a serious
threat to the public health exists, the water service shall be terminated
immediately.
3.7 The Approving Authority shall allow only Certified Assembly
Testing Technicians to test backflow prevention assemblies and only Certified
Assembly Repairman Technicians to maintain and repair backflow prevention
assemblies. Installation shall be accomplished by personnel licensed by the
Arkansas Department of Health.
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3.8 A program for routine inspection shall be administered by the
Approving Authority for hazardous water users. This program will continually
assess the hazard water users pose to the water system and where warranted
require an appropriate backflow prevention assembly be installed.
3.9 The Approving Authority shall bill an Administrative Fee to Owner
for cost of services. Refusal to pay the assessed costs shall constitute a
violation of this Ordinance and that said violation and /or assessment shall then
be subject to denial of or termination of water service.
SECTION 4: OWNER RESPONSIBILITIES
The owner shall adhere to the requirements of the Approving Authority in
their efforts to execute the program. The Owner shall:
4.1 Eliminate all cross connections or install an approved backflow
prevention assembty on the property at the water service connection on the
customer's side of the water meter.
4.2 Retrofit unapproved existing backflow preventers should they be
relocated, require more than minimal maintenance, or the operation or
maintenance of the device /assembly constitutes a hazard to health.
4.3 Correct any malfunction of the backflow prevention assembly.
4.4 Inform the Approving Authority of any proposed or modified cross
connections and also any existing cross connections of which the Owner is
aware but has not been identified by the Approving Authority.
4.5 By -pass lines around any backflow prevention assembly shall
require a backflow prevention assembly of the same type as the containment
assembly.
4.6 The owner shall insure the type backflow prevention assembly and
manner of installation is approved by the Approving Authority.
4.7 Notify the Approving Authority of any private well or other private
water source. The Approving Authority may require the Owner to install a
backflow prevention assembty if a private water source is maintained, even if it
is not cross connected to the City's system.
4.8 Advise the Approving Authority of any plumbing installed to provide
potable water for domestic purposes which is on the City's side of the backflow
prevention assembly.
4.9 Pay all administrative fees and fees for testing and repair of
backflow prevention assemblies.
4.10 it shall be the duty of the owner user at any premises where
backflow prevention assemblies are installed to have certified inspections and
operational tests made upon installation and at least once per year. In those
instances where the Approving Authority deems the hazard great enough, he
may require certified inspections and tests at more frequent intervals. These
inspections and tests shall be at the expense of the water user and shall be
performed by the assembly manufacturer's representative, Van Buren Water
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Department personnel or by a certified tester approved by the Approving
Authority. It shall be the duty of the Approving Authority to see that these tests
are made in a timely manner. The owner /user shall notify the manager in
advance when the tests are to be performed so that an official representative
may witness the tests if so desired. These assemblies shall be repaired,
overhauled or replaced at the expense of the owner -user whenever said
assemblies are found to be defective. Records of such tests, repairs and
overhauls shall be kept and made available to the Approving Authority.
4.11 Install (2) two backflow prevention assemblies in parallel if
uninterrupted water service is desired during testing or repair.
4.12 After having been notified by the Approving Authority of a
requirement for a backflow prevention assembly, shall submit, within the time
specified by the Approving Authority, installation plans for approval and install
an approved backflow prevention assembly at their expense; and, failure,
refusal, or inability on the part of the customer to install, maintain, and have
tested, any and all backflow prevention assemblies on their property shall
constitute grounds for discontinuing Owner's water service until such
requirements have been satisfactorily met.
4.13 Only master plumbers licensed by the state as Certified Assembly
Repair Technicians shall accomplish repairs, installation and maintenance on
domestic backflow prevention assemblies.
4.14 New residential lawn irrigation systems shall be installed
separately from the domestic service line, and the appropriate backflow
prevention assembly shall be installed on the customer's side of the water meter.
SECTION 5: RETROFIT OF BACKFLOW PREVENTERS ON DOMESTIC
WATER SERVICE CONNECTIONS, FIRE PROTECTION SERVICE LINES,
AND LAWN IRRIGATION SERVICE LINES
5.1 Existing cross connection control devices are not required to be
replaced if they are not equipped with the necessary test cocks. If any such
device is relocated, or requires more than minimal maintenance, the final
backflow preventer shall meet current requirements. However, the Approving
Authority may require replacement of the device if it determines that the
operation or maintenance of existing device constitutes a hazard to health.
Devices shall be removed when directed by the Approving Authority to facilitate
the installation of a required backflow prevention assembly.
5.2 All presently installed backflow prevention assemblies which do not
meet the requirements of this program but were approved assemblies for the
purposes described herein at the time of installation and which have been
properly maintained, shall, except for the inspection and maintenance
requirements, be excluded from the requirements of these rules so long as the
Approving Authority is assured that they will satisfactorily protect the public
water system. Whenever the existing assembly is moved from the present
location or, requires more than the minimum maintenance or, when the
Approving Authority finds that the operation or maintenance of this assembly
constitutes a hazard to health, the assembly shall be replaced by an approved
backflow prevention assembly.
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5.3 Where installation of an approved backflow prevention assembly is
required it shall be installed adjacent to the property line on the Owner's side or
between the water meter and the building or the first branch of service. Any
devices existing at this location shall be removed to facilitate installation of the
required backflow prevention assembly_
SECTION 6: ABSENCE OF BACKFLOW PREVENTION ASSEMBLY
6.1 An approved backflow prevention assembly shall be installed
where the degree of hazard dictates. Time restraints will be established based
on the degree of hazard. Installation plans shall be approved by the Approving
Authority prior to the start of installation
6.2 Approved backflow prevention assemblies shall be installed at the
Owner's property line immediately after the meter if one is installed, or at other
locations acceptable to the Approving Authority.
SECTION 7: NEW CONSTRUCTION
New construction plans shall be submitted to the Approving Authority prior
to desired installation date. Plan submission shall include detailed information
as required by the Approving Authority.
SECTION 8: REQUIREMENT POLICY
8.1 No water service connection to any premises shall be installed or
maintained by the Approving Authority unless the water supply is protected as
required by State laws and regulations and this Ordinance. Service of water to
any premises shall be discontinued by the Approving Authority if a backflow
prevention assembly, required by this Ordinance, is not installed, tested and
maintained, or if it is found that a backflow prevention assembly has been
removed, by- passed, or if an unprotected cross connection exists on the
premises. Service will not be restored until such conditions or defects are
corrected.
8.2 The customer's system should be open for inspection at all
reasonable times to the Approving Authority or his designated agent to
determine whether cross connections or other structural or sanitary hazards,
including violations of these regulations, exist. When such a condition becomes
known, the Approving Authority shall deny or immediately discontinue service to
the premises by providing for a physical break in the service line until the owner
user has corrected the condition(s) in conformance with State and City Statutes
relating to plumbing and water supplies and the regulations adopted pursuant
thereto.
&3 An approved backflow prevention assembly shall also be
installed on 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 of the service line wherever the following
conditions exist;
8.3.a In the case of a 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 Approving Authority, the public
water system shall be protected against backflow from the premises by installing
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an approved backflow prevention assembly in the service line appropriate to the
degree of hazard.
8.3.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 hazard to the public water system, 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. This shall include the handling of process waters and waters originating
from the utility system which have been subject to deterioration in quality.
8.3.c In the case of premises having (1) internal cross connections
that cannot be permanently corrected or controlled, or, (2) intricate plumbing and
piping arrangements or where entry to all portions of the premises is not readily
accessible for inspection purposes, making it impracticable or impossible to
ascertain whether or not dangerous cross- connections exist, the public water
system shall be protected against backflow from the premises by installing an
approved backflow prevention assembly in the water service line. Such
installation shall be at the customer's expense, at the discretion of the Approving
Authority.
8.4 The type of backflow prevention assembly required in
subsections 8.3.a, b, and c shall depend upon the degree of hazard which exists
as follows;
8.4.a In the case of any premises where there is an auxiliary water
supply as stated in subsection 8.3.a of this section and it is not subject to any of
the following rules, the public water system shall be protected by an approved
air -gap separation or an approved reduced pressure principle backflow
prevention assembly.
8.4.b In the case of any premises where there is water or
substance that would objectionable but not hazardous to health, if introduced
into the public potable water system, the public water system shall be protected
by an approved double check valve assembly.
8.4.c In the case of any premises where there is any material
dangerous to health which is handled in such a fashion as to create an actual or
potential hazard to the public water system, the public water system shall be
protected by an approved air -gap separation or an approved reduced pressure
principle backflow prevention assembly. Examples of premises where these
conditions will exist include sewage treatment plants, sewage pumping stations,
chemical manufacturing plants, hospitals, mortuaries and plating plants.
8.4.d In the case of premises where there are "uncontrolled"
cross connections, either actual or potential, the public water system shall be
protected by an approved air -gap separation or an approved reduced pressure
principle backflow prevention assembly at the water service connection.
8.4.e In the case of 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, the public water system
shall be protected against backflow from the premises by either an approved air
gap Separation or an approved reduced pressure principle backflow prevention
assembly on each water service connection to the premises.
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8.5 Any backflow prevention assembly required herein shall be a
model and size approved by the Approving Authority. 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 entitled:
AWE C506 -84 Standards for Reduced Pressure Principle and
Double Check Valve Backflow Prevention Devices;
and, have met completely the laboratory and field performance specifications of
the Foundation for Cross Connection Control and Hydraulic Research of the
University of Southern California established by Specifications of Backflow
Prevention Assemblies Section 10 of the most current issue of the MANUAL
OF CRASS CONNECTION CONTROL. Said AWWA and FCCC &HR
standards and specifications have been adopted by the Van Buren Water,
Sewer and Solid Waste Department. 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. The
following testing laboratory has been qualified by the Approving Authority to test
and certify backflow preventers:
Foundation for Cross Connection Control and Hydraulic
Research, University of Southem California
University Park
Los Angeles CA 90089
Testing laboratories other than the laboratory listed above will be added
to an approved list as they are qualified by the Approving Authority.
Backflow preventers which may be subjected to backpressure or
backsiphonage that have been fully tested and have been granted a Certificate
of Approval by said qualified laboratory and are listed on the laboratory's current
list of "Approved Backflow Prevention Assemblies" may be used without further
laboratory tests or qualifications.
SECTION 9: PERIODIC TESTING
9.1 RPZAs and DCVAs shall be tested and inspected at least once
annually. Periodic testing shall be performed by a Certified Assembly Testing
Technician at the Owner's expense.
9.2 Any backflow prevention assembly which fails a performance test
shall be repaired or replaced. Upon completion of any necessary repairs the
Owner shall cause the backflow prevention assembly to be retested to insure
correct operation. Water service shall be discontinued if a RPZA fails a test and
cannot be repaired immediately. Copies of all repair, maintenance, testing and
retesting reports shall be submitted to the Approving Authority.
9.3 Backflow prevention assemblies will be tested more frequently than
specified in 9.1 above, in cases where there is a history of test failures and the
Approving Authority determines that due to the degree of hazard involved,
additional testing is warranted. Owner shall initiate testing and bear the cost of
the additional tests.
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SECTION 10: ADMINISTRATIVE FEES
10.1 The Van Buren Water, Sewer, and Solid Waste Commission shall
adopt Administrative Fees which may include but not be limited to:
Charges for administrating the Cross Connection Control Program such as;
A. Recovery costs
B. Bookkeeping costs
C. Recordkeeping costs
D. Inspection costs
E. Reporting costs
10.2 The Administrative Fee will be in addition to fire line charges and
other charges for water or sewer service.
SECTION 11: TEMPORARY USE BACKFLOW PREVENTION ASSEMBLIES
When using a public fire hydrant as a temporary water source, it shall be
protected by a RPZA. The water user shall use a RPZA and a flow meter, which
shall be obtained from the Approving Authority. The water user shall be charged
a deposit for the RPZA and meter. In addition, water user shall pay for water
usage. The Approving Authority shall install the RPZA and meter. The water
user will notify the Approving Authority to disconnect the RPZA and meter and
return it when no longer needed or at the end of one year, whichever is sooner.
If the RPZA and/or meter is lost or stolen the initial deposit shall be forfeited.
RPZAs and meters shall only be used at the site for which initially intended.
SECTION 12: REPORTING REQUIREMENTS
The Owner shall be responsible for properly filing reports with the
Approving Authority for each required backflow prevention assembly. In addition
to the administrative reports, any failure, removal, modification or replacement
of an RPZA or suspected backflow shall be reported immediately by telephone
to the Approving Authority. Performance tests, replacement, repair and
maintenance reports shall be filed within two calendar days.
SECTION 13: RECORDS
The Owner shall keep records for each assembly. Installation drawings,
manufacturer, model, serial number, date installed, and schedule of preventive
maintenance and technical data are the minimum record requirements.
SECTION 14: PROTECTION OF BACKFLOW PREVENTION ASSEMBLIES
No unauthorized person shall maliciously, willfully, or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is a part of the backflow prevention assembly.
No person, without first obtaining written consent from the Approving
Authority, shall cover a backflow prevention assembly vault with earth or
pavement, or otherwise render it inaccessible.
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SECTION 15: POWERS AND AUTHORITIES OF INSPECTORS
The Approving Authority, representatives retained by the Van Buren
Water, Sewer and Solid Waste Department and other duly employees of the City
bearing proper credentials and identification shall be permitted to enter all
properties for the purposes of inspection, observation and testing to verify
adherence to the provisions of this Ordinance. The Approving Authority or their
designated representative shall have no authority to inquire into any processes
including metallurgical, chemical, oil refining, ceramic, paper or other
industries beyond that point having a direct bearing on the determination of the
degree of hazard. Authorized personnel shall have authority to inspect and copy
records pertaining to the threat of a hazard to the City Water System.
The Owner's property shall be available for inspection at all reasonable
times to authorized representatives of the Approving Authority to determine
whether cross connections or other structural or sanitary hazards, including
violations of these regulations, exists.
SECTION 16: VARIANCE
16.1 Request for deviation or relief from any of the provisions of this
program shall be submitted in writing to the Approving Authority. The Approving
Authority shall not deviate from the provisions of this ordinance, but may grant a
variance in areas not addressed by ordinance if not in conflict with the spirit and
intent of the Cross Connection Control Program. Request for use of other than
approved backflow prevention assemblies shall be accompanied by technical
data.
16.2 No action shall be taken on the part of the Owner to proceed with
any construction or installation of which a request for deviation has been
submitted, without the written permission of the Approving Authority.
SECTION 17: ENFORCEMENT
17.1 Any Owner found in violation of any of the provisions of this
Ordinance, shall be served by the Approving Authority with written notice stating
the nature of the violation, describing the penalty applicable to the violation and
providing a reasonable time limit for the satisfactory correction thereof. The
offender shall, within the period of time stated in such notice, permanently
cease all violations. The Owner may deliver by certified mail to the Approving
Authority, within five (5) days of receipt of such notice, a written request for a
hearing before the Approving Authority at which hearing the Owner shall be
given an opportunity to show cause why the notice should be rescinded or
modified.
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17.2 Any notice issued pursuant to this subsection may provide one or
more of the following penalties:
A. A civil penalty of not more than $1,000.00
for each violation of the Ordinance, and each day of a
continuing violation may be deemed a separate
violation; and,
B. A compliance directive with time schedule mandating
procedures which would bring the Owner into compliance
with this Ordinance within the designated time schedule,
or termination of water service upon noncompliance with
the compliance directive time schedule; and,
C. Termination of water service to the Owner.
17.3 The Approving Authority shall utilize this Ordinance and the Cross
Connection program, which is passed by the Van Buren City Council and
adopted by the Board of Commissioners on the effective date of this Ordinance,
and confirmed hereby, in (1) the initial issuance of penalties set forth in notices
issued pursuant to this subsection and (2) in the administrative adjustment or
amendment to any such penalty as a result of a hearing requested by the Owner
pursuant to the provisions of this sub-section. No action to terminate an Owner's
water service shall be final until the Approving Authority has given notice,
unless it has been determined that to continue to provide water service would
endanger the public health, due to possible contamination of the City water
system. This situation would constitute grounds for immediate termination of
applicable water service to the property.
17.4 Any person violating the provisions of the Ordinance shall become
liable to the Van Buren Water, Sewer, and Solid Waste Department for any
expense, loss or damage occasioned the Van Buren Water, Sewer, and Solid
Waste Department by reason of such violation.
17.5 The listing of penalties in this Section shall not preclude other
appropriate judicial remedies available with reference to any violation of this
Ordinance. In particular, the City may petition any Court of competent
jurisdiction to grant injunctive or other legal or equitable relief by reason of a
violation. No judicial action against an Owner to collect a civil penalty for
violation of shall be commenced without a majority vote of the Board of
Commissioners of the Van Buren Water, Sewer and Solid Waste Department.
SECTION 18: VALIDITY
18.1 All Ordinances and parts of Ordinances in conflict with this
Ordinance are hereby repealed.
18.2 Should any portion of this Ordinance be unconstitutional or invalid
and so declared by a Court of Competent jurisdiction, then the remainder of this
Ordinance, and any remaining applications of this Ordinance, shall not be
affected by such partial unconstitutionality or invalidity.
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SECTION 19: EMERGENCY CLAUSE
It is hereby determined and declared that an emergency exists by reason
of the necessity of establishing reasonable controls over the danger of
introducing pollutants and contaminants into the City Water System through
cross connections and that the immediate effect of the provisions of this
Ordinance are necessary to preserve the health, safety and welfare of the
inhabitants of the City so that is hereby declared and determined that this
Ordinance shall be in full force and effect as of the date of its adoption.
PASSED AND APPROVEDthisa day of ,1996.
By:
John 'ggs, Mayor
ATTEST:
City Clerk Treasurer
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