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0222 Water Supply Cross Connections 1980CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 222 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, PROHIBITING CROSS-CONNECTIONS TO THE WATER SUPPLY SYSTEM OF THE CITY; DEFINING THE TERMS USED IN THIS ORDINANCE; DECLARING SUCH CROSS-CONNECTIONS TO BE NUISANCES; PROVIDING FOR USE OF BACKFLOW PREVENTION DEVICES; REQUIRING CROSS-CONNECTION INSPECTIONS; PROVIDING FOR CROSS-CONNECTION PREVENTION DEVICE INSTALLATION PERMITS; ESTABLISHING ENFORCEMENT THROUGH ABATEMENT OF NUISANCES, OTHER CIVIL REMEDIES, AND CRIMINAL PENALTIES; PROVIDING FOR REPEAL OF PRIOR CONFLICTING ORDINANCES: PROVIDING FOR SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND SPECIFYING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Purpose and Scope. The purpose of this ordinance is to protect the public health of water consumers by the control of actual and/or potential cross-connections. The ordinance shall apply throughout the City of Chubbuck and in all other areas served by or connected to the Chubbuck municipal water system. Section 2. Definitions. (1) "Backflow .... The flow, other than the intended direction of flow, of any foreign liquids, gases or substances into the distribution system of a public water supply. (2) "Contamination .... The entry into or presence in a public water supply of any substance which may be deleterious to public health and/or to the quality of water. (3) "Cross-Connection" -- Any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reserv0i~, plumbing fixture, or other device which contains or may contain contaminated water, sewage, or other waste or liquids of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as a result of backflow. (4) "Public Water Supply" -- The Chubbuck municipal water system or any other system connected to it which is intended to supply water for human consumption or other domestic uses, including source, treatment storage, trans- mission and distribution facilities. Seciont 3. Cross-Connections. No water service connection from the public water supply to any premises shall be installed or continued in use unless the water supply is protected against cross-connections as required by this ordinance. The installation or maintenance of any cross- connection which may endanger the quality of the public water supply shall be unlawful and punishable as herein provided. Any such cross-connection now existing or hereafter installed is hereby delared to be a public nuisance. The control or elimina- tion of cross-connections shall be subject to direction of the Chubbuck City Engineer, who is authorized to enforce this ordi- nance and to establish reasonable time periods for compliance in cases of existing cross-connections. The Chubbuck City Engineer may, from time to time, with approval of the City Council set forth by resolution, promulgate regulations for the implementation of this ordinance and adopt regulations or manuals of standard practice from recognized public health authorities, consistent with this ordinance. Section 4. Cross-Connection Inspections (1) No water shall be~delivered by the City to any structure there is evidence that a cross-connection may exist or to any water supply system serving the structure, until that structure has been determined by the City Engineer to be free of known cross-connections. (2) The City Engineer or his designee(s) are authorized to make such periodic inspections of structures or water systems receiving water from the public water supply as he may deem appropriate, for the purpose of ascertaining whether cross-connections exist. It shall be unlawful for any person to deny reasonable access to any premises for such inspections. Such inspections shall include (without limitation) the premises of all commercial and industrial water users in existence at the time of enactment of this ordinance. (3) The City Building Official may assist the City Engineer or his designee(s) in such inspections. Prior to issuing any building permit, the City Building Official shall notify the City Engineer if, in his judgment, a proposed structure presents substantial potential for the creation of a cross-connection. No building permit shall be issued until the City Engineer has determined that such a cross-connection is unlikely or that adequate measures to prevent a cross-connection are proposed, consistent with this ordinance. Section 5. Installation Permits. If any cross-connection control devices are found by the City Engineer to be necessary, the owner of the premises shall apply in writing to the City Engineer for an installation permit, specifying the type and location of such device(s). Such application and permit may be evidenced by correspondence or memorandum. No charge shall be imposed for the permit. It shall be unlawful to install such a device without a permit, or to remove any such device without written authorization of the City Engineer. Section 6. Use of Backflow Prevention Devices. (1) The use of backflow prevention devices shall be consistent with regulations adopted by the City Engineer and approved by the City Council, as provided above. (2) Backflow prevention devices shall be installed by the owner of the premises, at his expense, where the City Engineer reasonably determines that the nature and extent of activities on the premises, or the materials used or stored on the premises, could present a hazard to health and/or could adversely affect the quality of water in the public water supply system if a cross- connection should occur. Regardless of whether cross-connections are known or found actually to exist, backflow prevention devices shall be installed under circumstances including (without limita- tion): (a) Premises having an auxiliary water supply. (b) Premises having internal cross-connections that cannot be readily corrected, or having intricate plumbing arrangements making it impracticable to determine whether cross-connections exist. (c) Premises where entry is so restricted that inspections cannot be made with adequate frequency or upon short notice to determine whether cross-connections exist. (d) Premises having a history of existence or re-establishment of cross-connections. (e) Premises on which any substance is handled under pressure so as to permit entry into the public water supply, or as to allow a cross-connection to occur. Such premises shall include (without limitation) those where process waters or cooling waters are handled or used. -2- (f) Premises where toxic or hazardous substances are handled in such a way as to result in danger to health or the quality of water in the public supply system if a cross-connection occurred. (2) The City Engineer shall approve the device selected and shall inspect its installation. Selection shall take account of the degree of potential hazard and availability of qualified maintenance services. (a) 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. (b) In the case of a substance which may be objectionable but n0~ hazardous to health, a double check valve assembly, air-gap separation, or a reduced pressure principle backflow prevention device shall be installed. '(3) Backflow prevention devices required by this ordinance shall be installed at the meter, at the property line of the premises when meters are not used, or at a location designated by the City Engineer. Each device shall be located so as to be readily accessible for maintenance and testing. (4) Backflow prevention devices installed pursuant to this ordinance, except atmospheric vacuum breakers, shall be inspected and tested annually, or more often if deemed necessary by the City Engineer. Inspections, tests and maintenance shall be conducted at the property owner's expense. Whenever the devices are found to be defective, they shall be repaired, overhauled, or replaced at the owner's expense. Inspections, tests, repairs and records thereof shall be accomplished by certified testers and written test reports forwarded to the City Engineer. (5) No sprinkling device will be installed without adequate backflow prevention devices at the point from which the water is taken from the public water supply. (6) At any construction site or other location where it is reasonable to anticipate intermittent cross-connections, one or more backflow prevention devices shall be installed at the point(s) of service from the public water supply, or at any other location designated by the City Engineer. Section 7. Remedies. In the event that a cross-connection is created or found to exist, and is not promptly corrected following written notice from the City Engineer, or in the event the City is refused access to any property for the purpose of determining whether or not cross-connections exist, the City may (a) abate any nuisance at the owner's expense, (b) terminate water service until the cross-connection is satisfactorily correct- ed and any water service resumption fee imposed by ordinance has been paid, (c) bring a civil action for injunctive or other relief, and/or (d) commence a criminal prosecution. Violation of this ordinance by the property owner or any person managing or controlling the premises shall be punishable as a misdemeanor and each day that violation exists shall constitute a separate offense. In any proceeding to enforce this ordinance, the court shall be authorized to award the City its costs, including a reasonable attorney's fee. Section 8. Repeal. Ail provisions of prior ordinances which conflict with this ordinance are hereby repealed to the extent of irreconcilable conflict. -3- Section 9. Severability. If arty provision of this ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. PASSED BY THE CITY COUNCIL AND APPROVED BY THE PRESIDENT OF THE COUNCIL (acting in the absence of the Mayor) of the City of Chubbuck, Idaho, This 25th day of November, 1980. Attest: Vera C. Armstrong /! City Clerk ~ -4- CITY OF CHUBBuc~ IDAHo ORDINANCE NO. 222 AN ORDINANCE ~ - ----------' u~ THE CITY OF CHUBBUCK, iDAHo ~.~ PROHIBITING CROSS-CONNECTIONs TO THE WATER ~UPPLy SYSTEM OF THE CITY; DEFINING THE . ORDINANCE; DECLARING SUCH CROS~_~..~J_S USED IN THIS NUISANCES; PROVIDING FOR USE OF BACKFLoW PREVENTION ~ ~uNNECTIONS TO BE DEVICES; REQUIRING CROSS-CONNECTION INSPECTIONs; PROVIDING FOR CROSS-CONNECT/ON PREVENTION DEVICE INSTALLATION PE~MiTS; ESTABLISHING ENFORCEMENT THROUGH ABATEMENT OF NUISANCES, OTHER CIVIL REMEDIEs, AND CRIMINAL PENALTIES; PROVIDING FOR REPEAL OF PRIOR CONFLICTING ORDINANCES: PROVIDING THE PROVISIONS OF THIs ORDINANCE; FOR SEVERABILITy OF AND SPECIFYING WHEN THIs ORDINANCE SHALL BECOME EFFECTIVE. The foreqoing is a summary of the Chubbuck cross-connection control ordinance enacted on November 25, 1980. The full text of the ordinance is available at the Chubbuck City Offices, 5160 Yellowstone, Chubbuck, Idaho. The ordinance is intended to enhance the public health and safety by preventinq backflow of water or other substances into the city's municipal water system. The civil remedies for its enforcement include injunctive oroceedinqs, and the criminal remedies include misdemeanor penalties as established by the Idaho Code. The ordinance is effective upon the publication of this notice. I hereby certify that the foreqoinq summar.y is true and complete, and that it provides adequate notice to the public of the contents of the ordinance. Donald L. Burnett, Jr. Chubbuck 'CitV Attorney