HomeMy WebLinkAbout0222 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.
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(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.
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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 ~
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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