CHAPTER 54
BACKFLOW PREVENTION AND CROSS CONNECTION CONTROL PROGRAM

Section

54.01    Purpose

54.02    Jurisdiction

54.03    Short title

54.04    Definitions

54.05    Requirements for backflow prevention

54.06    Requirements for certification

54.07    Tests and repairs

54.08    Records and reports

54.09    Adoption of technical specifications

54.10    Alternative methods to achieve compliance

54.11    Enforcement and assessment fees

54.12    Customer appeals process

54.01 PURPOSE.

The purpose of this chapter is to protect public health and safeguard the city’s potable water supply by isolating contaminants or pollutants which could flow back into the public drinking water system from the consumer’s internal distribution system(s) or the customer’s private water system(s); to promote the elimination or control of existing cross connections, actual or potential, between the public potable drinking water system(s) and any nonpotable water system(s), plumbing fixtures and industrial piping systems; and to provide a continuing program of cross connection control which will systematically and effectively prevent the contamination or pollution of all potable drinking water systems.

(Ord. 06-64; Am. Ord. 11-10)

54.02 JURISDICTION.

This chapter shall apply to all new and existing city water connections. Compliance with this chapter shall be a precondition to receiving or continuing to receive water service from the city.

(Ord. 06-64; Am. Ord. 11-10)

54.03 SHORT TITLE.

This chapter shall be known and may be cited as “The Backflow Prevention and Cross Connection Control Ordinance.”

(Ord. 06-64; Am. Ord. 11-10)

54.04 DEFINITIONS.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this subchapter its most reasonable application.

APPROVED.

(1) In reference to a water supply shall mean a water supply that has been approved by the New Mexico Environment Department.

(2) In reference to backflow prevention assemblies or methods that meet the approval of the City of Rio Rancho.

AUXILIARY WATER SYSTEM. Any water system on or available to the premises other than the public water system and includes the water supplied by the system. Auxiliary waters may include water from another public water system; or water from a source such as wells, lakes or streams, process fluids or used water. They may be polluted, contaminated, objectionable, or constitute a water source or system that does not have control.

BACKFLOW. The undesirable reversal of flow from the desired direction of water or mixtures of water and other liquids, gases or other substances into the distribution pipes of the potable supply of water from any source or sources. See also BACKSIPHONAGE and BACKPRESSURE.

BACKFLOW PREVENTION AND CROSS CONNECTION CONTROL MANUAL. The manual of procedures for the implementation of the City of Rio Rancho Backflow Prevention and Cross Connection Control Program which includes standardized backflow prevention assembly testing, installation, and maintenance criteria for the protection of the public water supply. The Backflow Prevention and Cross Connection Control Manual shall be published and enforced by the Utilities Division.

BACKFLOW PREVENTION ASSEMBLY or ASSEMBLY. An assembly or means designed to prevent backflow and includes the following types:

(1) AIR-GAP SEPARATION. The unobstructed vertical distance through the free atmosphere between the lowest free flowing outlet from a potable water system and the flood level rim of a tank, plumbing fixture, receptor or other device. An APPROVED AIR-GAP SEPARATION shall be at least two times the diameter of the outlet measured vertically above the flood level rim of the receptacle, but in no case less than one inch. An AIR-GAP SEPARATION shall be used to provide protection against a contamination hazard and shall be used to provide protection in containment applications.

(2) ATMOSPHERIC VACUUM BREAKER. An assembly containing a float-check set and an air inlet port. The assembly shall include a tightly closing resilient seat shut-off valve immediately upstream of the valve body. To be approved, these assemblies must be installed as prescribed within the Backflow Prevention and Cross Connection Control Manual and be readily accessible for in-line maintenance. An ATMOSPHERIC VACUUM BREAKER shall be used to provide protection against a contamination hazard under backsiphonage conditions only. This device is not approved for containment applications.

(3) DOUBLE CHECK VALVE ASSEMBLY. A self-closing device that is designed to permit the flow of fluids in one direction and to close if there is a reversal of flow. An assembly composed of two single, independently acting check valves including tightly closing shut-off valves located at each end of the assembly and suitable connections for testing the water tightness of each check valve. DOUBLE CHECK VALVE ASSEMBLIES installed prior to November 1, 2006, may be allowed to remain in place if an inspection reveals they protect against any possible hazards. DOUBLE CHECK VALVE ASSEMBLIES are not approved to provide protection in containment applications for new non-residential connections.

(4) PRESSURE VACUUM BREAKER. An assembly containing independently operating internally loaded check valve(s) and an independently operating spring-loaded air inlet valve located on the discharge side of the check valve. The assembly shall include tightly closing (resilient seat) shut-off valves located at each end and must have two properly located test cocks. To be approved, these assemblies must be installed as prescribed within the Backflow Prevention and Cross Connection Control Manual and be readily accessible for in-line testing and maintenance. A PRESSURE VACUUM BREAKER shall be used to provide protection in irrigation containment applications that are not subjected to backpressure.

(5) REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION ASSEMBLY. An assembly of two independently operating approved check valves together with a hydraulically operating, mechanically independent differential pressure relief valve located between the check valves. The assembly shall include tightly closing (resilient seat) shut-off valves at each end of the assembly and must have properly located test cocks. To be approved, these assemblies must be installed as prescribed within the Backflow Prevention and Cross Connection Control Manual and be readily accessible for in-line testing and maintenance. A REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION ASSEMBLY shall be used to provide protection in containment applications.

(6) SPILL-RESISTANT PRESSURE VACUUM BREAKER. An assembly containing one independently operating spring-load air inlet valve located on the discharge side of the check valve, two full-ported, resilient seated shut-off valves and equipped with properly located resilient seated test cock and vent valve. A SPILL-RESISTANT PRESSURE VACUUM BREAKER shall be used to provide protection in irrigation containment applications that are not subjected to backpressure.

BACKPRESSURE. Any elevation of pressure in the downstream piping system (by pump, elevation of piping, or steam and/or air pressure) above the supply pressure at the point of consideration, which would cause a reversal of the normal direction of flow.

BACKSIPHONAGE. A form of backflow due to a reduction in system pressure, which causes a sub-atmospheric pressure to exist at a site in the water system.

CERTIFICATION OF TESTERS AND REPAIRMEN. To certify as a backflow prevention assembly tester, a person shall attend a training course that has been approved by the city and shall successfully complete the written and performance examinations administered as part of the approved training course. A person who is licensed by the appropriate mechanical classification in accordance with the New Mexico Construction Industries Licensing Act and successfully completes the approved training course may be certified as a backflow prevention assembly repairman.

CERTIFIED BACKFLOW PREVENTION ASSEMBLY REPAIRMAN. A person who is certified, tested and licensed by the appropriate mechanical classification in accordance with the New Mexico Construction Industries Licensing Act, holds a current business license and a current certificate issued by the City of Rio Rancho Utilities Division.

CERTIFIED BACKFLOW PREVENTION ASSEMBLY TESTER. A person who holds a current business license and is currently certified by the city to test backflow prevention assemblies.

CITY. The City of Rio Rancho.

CONSTRUCTION INDUSTRIES DIVISION. A division of the Regulation and Licensing Department charged with governing contracted work in New Mexico. See NMSA § 60-13-9.

CONTAMINATION. An actual or potential impairment of a potable water source or supply by the introduction of any substance that could cause a health hazard.

CROSS CONNECTION. Any actual or potential connection between the public water supply and a source of contamination or pollution.

CROSS CONNECTION – CONTROLLED. A connection between a potable water system and a nonpotable system or a backflow hazard which shall have an approved backflow prevention assembly properly installed and maintained so that it will continuously afford protection.

CROSS CONNECTION – ELIMINATED. A cross connection between a potable water system and a nonpotable system or a backflow hazard which has been resolved by making a physical break in the line to serve as permanent protection.

CUSTOMER. The person responsible for payment of fees as determined pursuant to the City of Rio Rancho’s Water and Wastewater Rules and Rates Ordinance as it may be amended.

HAZARD. Either a pollution (non-health) or contamination (health) hazard.

(1) HEALTH HAZARD or CONTAMINATION HAZARD. An actual or potential threat of contamination of a physical or toxic nature to the public potable water system or the customer’s potable water system that would be a danger to health.

(2) NON-HEALTH HAZARD or POLLUTION HAZARD. An actual or potential threat to the physical properties of the water system or the potability of the public or the consumer’s potable water system but which would not constitute a health hazard, as defined. The maximum degree or intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause minor damage to the system or its appurtenances.

INDUSTRIAL FLUID. Any chemically, biologically or otherwise contaminated fluid or solution in a form or concentration that could constitute a contamination or pollution hazard if introduced into the municipal water system or the customer’s potable water system. This may include, but is not limited to, all types of process waters and used waters originating from the municipal potable water system that may have deteriorated in sanitary quality. These include chemicals in fluid form; plating acids and alkalies; circulating cooling waters connected to an open cooling tower and/or cooling towers that are chemically or biologically treated or stabilized with toxic substances. Contaminated natural waters, such as wells, springs, streams, rivers, irrigation canals or system, and so forth; oils, gases, glycerin, paraffin, caustic and acid solution, and other liquids and gaseous fluids used in industrial areas for purposes of suppressing fires.

METER. Consists of the meter box, fittings, and the water meter.

NEW MEXICO ENVIRONMENT DEPARTMENT. A state agency charged with preserving, protecting and improving New Mexico’s drinking water quality for present and future generations. See NMSA §§ 74-1-8 and 74-1-13.1.

NON-RESIDENTIAL WATER CUSTOMER. Any water customer who is served by the public water system and classified as in Chapter 51 (R.O. 2003).

POLLUTION. An actual or potential impairment of a potable water system by the introduction or admission of any substance that does or tends to degrade the taste, color, odor or other aesthetic quality of the water system but does not constitute a health hazard.

PUBLIC WATER SYSTEM. The potable water system that supplies water service to premises within the service area of the city.

RECLAIMED WATER. The treated effluent generated by domestic wastewater treatment facilities and considered a nonpotable water source.

RESIDENTIAL SERVICE OR USE. The provision of or use of water for household or domestic purposes.

SERVICE CONNECTION. The terminal end of the water service from the public water system and point of delivery to the customer’s water system, more particularly defined as follows:

(1) The service connection for a metered water service is the downstream end of the water meter or meter setter;

(2) The service connection for unmetered water services and fire lines which serve private fire protection systems is located at the property boundary or at the city easement boundary to a customer’s premises; and

(3) The service connection for a fire hydrant and all other temporary or emergency water services is located at the point of connection to the public water system.

THERMAL EXPANSION. The resulting effect when water is heated in a closed system. In effect, the heat causes the water volume to expand, but since the system is closed, the pressure increases.

UTILITIES DIVISION. The Utilities Department of the City of Rio Rancho.

UTILITIES DIVISION MANAGER. The manager of the Utilities Division or his designee.

WATER – NONPOTABLE. A water supply, which has not been investigated and/or approved for human consumption by the New Mexico Environment Department. The water supply may or may not meet the standards set forth in the state regulations.

WATER – POTABLE. Any public water supply which has been investigated and approved by the New Mexico Environment Department and meets the standards set forth in the New Mexico Environmental Improvement Boards’ Drinking Water Regulations.

WATER – SERVICE CONNECTION. The terminal end of a service connection from the city’s potable water system (i.e., where the water system may lose jurisdiction and sanitary control of the water at its point of delivery to the consumer’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.

WATER – USED. Any water supplied by a public potable water system to a customer’s water system after it has passed through the service connection and is no longer under the control of the public water system.

(Ord. 06-64; Am. Ord. 11-10; Am. Ord. 16-13; Am. Ord. 17-02)

54.05 REQUIREMENTS FOR BACKFLOW PREVENTION.

(A) No water service connection to any residential or nonresidential premises shall be made by the city unless the water supply is protected as required or exempted by this chapter. Service of water to the premises may be discontinued or a notice of violation may be issued by the city to a customer if a backflow prevention assembly required by this chapter is not installed, tested, and maintained, or if it is found that a backflow prevention assembly has been removed, bypassed, or if an unprotected cross connection exists on the premises.

(B) No water service connection to any residential property serviced by an auxiliary water supply shall be made by the city unless a backflow prevention assembly as required by this chapter protects the city’s water supply. Service of water to the residential premises with an auxiliary water connection may be discontinued if a backflow prevention assembly required by this chapter is not installed, tested, and maintained, or if it is found that a backflow prevention assembly has been removed, bypassed, or if an unprotected cross connection exists on the premises.

(C) Water service to all premises containing possible health hazard potential cross connections will be discontinued and water service will not be restored until such conditions or defects are corrected. Customers with water service to premises with non-health hazard or pollution-related cross connections will be subjected to monetary penalties set forth in Section 51.12(H)(3) (R.O. 2003).

(D) Based upon the degree of potential hazard, if the city determines that the premises of any customer requires a backflow prevention assembly on the water service connection to protect the city’s drinking water from actual or potential pollution and/or contamination hazard, then the customer shall install an approved assembly at the customer’s own expense. Failure, refusal or inability on the part of the customer to install, have tested, and maintain said assembly(s) shall constitute a violation and may be grounds for discontinuing water service to the premises until such requirements have been satisfactorily met.

(1) The customer shall have the assembly tested by a certified backflow prevention assembly tester or repairman. Upon completion of installation, the customer shall notify the Utilities Division. All assemblies must be tested by a certified backflow tester/repairman within 14 days after installation. The newly installed backflow prevention assembly shall be inspected by the city.

(2) The customer shall, at the customer’s expense, have the backflow prevention assembly tested annually by a certified backflow prevention assembly repairman and/or tester and the customer shall have the certified backflow prevention assembly repairman correct any malfunction of the backflow prevention device which is revealed by testing.

(3) The customer shall, at the customer’s expense, register all backflow prevention assemblies with the city and shall provide the date of installation, name of manufacturer, model, type, size, serial number of the backflow prevention assembly, and a copy of the initial test report to the Utilities Division.

(4) The customer must protect the backflow prevention assembly from freezing and other severe weather conditions.

(5) When the assembly has been registered with the city and inspected by the city, the Utilities Division shall permit the water service in accordance with the provisions of this chapter. Noncompliance constitutes a violation of the chapter and is grounds for enforcement action as listed in Section 54.11 and water service to the premises may be denied.

(6) The customer shall, at the customer’s expense, be responsible for all applicable fees or costs related to the testing, retesting in the case that the device fails to operate correctly, repair and replacement of faulty assemblies. The customer shall notify the Utilities Division in advance when the tests are to be undertaken so that a city representative may witness the field tests if so desired. Records of such tests, repairs and overhauls shall be kept by the customer and these records made available to the Utilities Division.

(E) Inspection and entry.

(1) The customer shall allow the city, or an authorized representative, upon presentation of proper credentials, to enter at reasonable times upon or through the premises to conduct a survey, inspection or investigation of a backflow prevention assembly and records on the premises. In the event that the inspection or investigation determines that a contamination hazard may exist, the Utilities Division shall immediately terminate water service to the premises. Water service shall be restored to the premises once the contamination hazard has been controlled or eliminated, the premises are inspected, and any backflow prevention assemblies required by the Utilities Division have been installed and tested by a certified backflow prevention repairman or tester, and the test results are received by the Utilities Division.

(2) In the event no contamination hazard or substantial dangers are determined to exist, but actual or potential cross connections require control by containment, notice shall be given in writing to the customer by the Utilities Division to install an approved reduced pressure principle backflow prevention assembly within 60 days. The customer will correct the conditions(s) in conformance with Title 14, Chapter 8, Part 14.8.2.15 of the Construction Industries Divisions Rules, New Mexico Administrative Code relating to water supply and distribution and the regulations adopted pursuant thereto.

(F) When required by the city, the customer shall have installed an approved backflow prevention assembly at or near the property line or immediately inside the building being served, but in all cases, before the first branch water line leading off the service line.

(G) The type of protective assembly required is as follows:

(1) When required by the city, nonresidential customers with water connections, except for irrigation systems, must install an approved reduced pressure principle backflow prevention assembly at each service connection to the customer’s water systems.

(2) All connections, including residential, where there is an auxiliary water supply shall have no direct or indirect cross connections with potable water systems, unless an approved air gap or an approved reduced pressure principle backflow prevention assembly shall protect the public water system.

(3) The customer responsible for the irrigation water systems connected to the public water system must install an approved pressure vacuum breaker, approved spill-resistant pressure vacuum breaker or an approved reduced pressure principle backflow prevention assembly at the potable service connection.

(4) Reclaimed wastewater systems.

(a) Reclaimed wastewater systems shall have no direct or indirect cross connections with potable water systems pursuant to the latest revision of the New Mexico Plumbing and Mechanical Code. All piping, valves and outlets shall be color-coded in purple to differentiate piping or fixtures used to convey reclaimed wastewater from piping or fixtures used for potable or other water. Those portions of reclaimed wastewater systems that are underground and were installed prior to the adoption of the state policy are exempt from the purple color-coding requirement if all accessible portions of the reclaimed wastewater system are colored purple or clearly labeled as being part of a reclaimed wastewater distribution system.

(b) In cases where parts of a public and private irrigation system are being upgraded and any of the abandoned potable water line is being transferred to the reclaimed water/nonpotable system, a physical break must be made at the service connection. As each section is completed, the new system shall be shut down and drained and each water user checked to ensure that there are no improper connections. For reclaimed wastewater systems that were installed prior to the adoption of the state policy, the absence of cross connections may be demonstrated via hydrostatic testing or as-built drawings, supported by an affidavit under oath that no cross connection exists.

(5) All new fire protection systems, including fire line services to residential fire protection systems, shall be equipped with an approved reduced pressure principle backflow prevention assembly installed at each service connection.

(6) All fire hydrants used for drawing water for filling tanks and tank trucks and for temporary irrigation systems must have an approved reduced pressure principle backflow prevention assembly or air gap.

(H) The customer shall be responsible for the elimination or control of all cross connections on his premises. The customer shall not install a bypass around any backflow prevention assembly unless there is a backflow prevention assembly of the same type on the bypass. Customers who cannot shut down their operation for testing of the device(s) must supply additional assemblies as necessary to allow testing to take place.

(I) The customer is responsible to eliminate the possibility of thermal expansion, if a closed system has been created by the installation of a backflow prevention assembly.

(J) Any increase or reduction in water pressure caused by the installation of a backflow assembly is not the responsibility of the city.

(K) Any existing backflow prevention assemblies installed on water connections for nonresidential premises prior to November 1, 2006 (with the exception of fire protection systems and irrigation connections) that are not on the current list of approved backflow prevention assemblies may be approved to continue in service provided the assemblies serve as adequate protection for the potential hazards and provided that the assemblies can be maintained, tested, and that repair parts are available through the manufacturer. Whenever obsolete backflow prevention assemblies are replaced, they shall be replaced with current approved backflow prevention assemblies.

(L)(1) All customers who hold a city business license and whose premises do not contain backflow prevention assemblies are subject to inspection by the Utilities Division to determine if a cross connection with a contamination or pollution hazard exists, or may potentially exist. Based on the possible degree of hazard, the customer may be required to install an approved backflow prevention device at the premises.

(2) Buildings and facilities that may introduce harmful substances to a public water system include, but are not limited to:

Hospitals, morgues, mortuaries, medical clinics, dental clinics, and autopsy facilities.

Laboratories and all types of research facilities.

Sewage treatment plants or facilities.

Food and beverage processing plants.

Chemical plants.

Petroleum refineries.

Metal plating industries.

Electric and electronic component manufacturers.

Radioactive material processing plants.

Car and truck wash facilities.

Hydraulic testing facilities.

Packing houses, rendering plants, tanneries, and stock yard facilities.

Steam generating facilities.

Laundries, dry cleaners, and laundromats.

Photographic film processing facilities.

Swimming pools and health spas.

Greenhouses.

Multistory buildings in excess of 30 feet.

Taxidermy shops.

Battery shops.

Kennels, pet stores, and zoos.

Printing shops and screen printing shops.

Jewelry manufacturers.

Radiator shops.

Warehouses.

Sand and gravel facilities.

Power plants.

Breweries.

Restaurants.

Veterinary offices.

Hotels and motels.

Schools and colleges.

Golf courses.

Recycled water systems.

Salons.

(3) After July 1, 2011, the customer shall notify the Utilities Division within 30 days when:

(a) The premises is sold or leased;

(b) The premises is remodeled and such work requires a building permit;

(c) The type of business conducted at the premises changes.

(M) Any existing fire protection systems installed prior to November 1, 2006, containing double check valve backflow prevention assemblies are approved to continue in service. If the existing fire protection system is modified, replaced, extended or added on to, the customer shall replace the existing double check valve assembly with an approved reduced pressure principle backflow prevention assembly at or near the service connection.

(N) All backflow prevention assemblies for nonresidential irrigation connections shall either be that of a reduced pressure principle backflow prevention assembly, a pressure vacuum breaker or spill-resistant pressure vacuum breaker. A pressure vacuum breaker or spill-resistant pressure vacuum breaker must not be subjected to backpressure. Any existing atmospheric vacuum breakers used for containment purposes at nonresidential irrigation connections shall be preceded with any of the approved listed assemblies.

(O) Approved backflow prevention assembly.

(1) Any backflow prevention assembly required herein shall be a make, model and size approved by the city. “Approved backflow prevention assembly” shall mean an assembly that has been manufactured in conformance with the standards established by the American Water Works Association listed in the recent edition of the Uniform Plumbing Code entitled:

(a) AWWA/ANSI C511-97 Standard for Reduced Pressure Principle Backflow Prevention Assemblies;

(b) AWWA/ANSI C510-97 Standard for Double Check Valve Backflow Prevention Assemblies.

(2) In addition, approved backflow prevention assemblies have met the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California (USC FCCCHR) Specification of Backflow Prevention Assemblies – Section 10 of the most current edition of the Manual of Cross-Connection Control.

(3) Said AWWA and USC FCCCHR standards and specifications have been adopted by the city. Final approval shall be evidenced by a Certificate of Compliance for the said AWWA standards; or Certificate of Approval for the said USC FCCHR Specifications; issued by an approved testing laboratory.

(4) The following testing laboratory has been approved by the city to test and approve backflow prevention assemblies:

Foundation for Cross-Connection Control and Hydraulic Research

University of Southern California

KAP-200 University Park MC-2531

Los Angeles, California 90089-2531

(5) Testing laboratories other than the laboratory listed above may be added to the approved list.

(P) The city is authorized to make all necessary and reasonable rules and policies with respect to the enforcement of this chapter. All such rules and policies shall be consistent with the provisions of this chapter.

(Ord. 06-64; Am. Ord. 11-10)

54.06 REQUIREMENTS FOR CERTIFICATION.

(A) Certification. No person shall engage in any activity listed in this chapter unless he or she is a certified backflow repairman or tester and holds a current city business license and certificate issued by the City of Rio Rancho Utilities Division. Certified backflow repairmen must also be licensed in accordance with the New Mexico Construction Industries Licensing Act.

(1) Initial certification. To initially certify as a backflow prevention assembly tester, a person shall attend a 40-hour training course that has been approved by the Utilities Division and the person must successfully complete the written and performance examinations administered as part of the approved training course. A person who is employed by the appropriate licensed contractor in accordance with the New Mexico Construction Industries Licensing Act, attends, and successfully completes the approved training course may be certified as a backflow prevention assembly repairman. The Utilities Division will issue a certificate to any person who meets the above requirements.

(2) Recertification of testers and repairmen. A certified tester or repairman who wishes to remain an active backflow prevention assembly tester must renew his/her certification every three years. To re-certify, testers and repairmen must either:

(a) Complete an approved 40-hour backflow prevention training course; or

(b) Complete an approved eight-hour backflow prevention refresher training course and accrue 16 hours of approved continuing education credits related to backflow prevention.

Testers or repairmen shall provide proof of training credits earned and training course attended to the Utilities Division. The Utilities Division will re-certify any person who meets the above requirements.

(3) Approved training courses and examinations. The Utilities Division shall be responsible for approval of backflow prevention training courses. The approved training course shall meet the following minimum criteria:

(a) Instructor shall be a certified backflow prevention tester and repairman;

(b) The material covered shall be equivalent to the University of Southern California’s Foundation for Cross-Connection Control and Hydraulic Research training course.

(Ord. 11-10)

54.07 TESTS AND REPAIRS.

(A) Only certified backflow prevention assembly repairmen or testers shall inspect and test backflow prevention assemblies. The certified backflow prevention tester must submit complete and accurate test reports to the customer. Within seven calendar days of the test, the customer shall submit the test reports to the Utilities Division.

(B) Only a certified backflow prevention assembly repairman shall make repairs on backflow prevention assemblies. No person shall change the design, material, or operational characteristics of a backflow prevention assembly without prior approval of the city. The backflow prevention repairman must submit complete and accurate test reports to the customer. Within seven calendar days of the test, the customer shall submit the test reports to the Utilities Division.

(C) Customers with repairs on their backflow prevention assemblies will submit an incident and repair report to the Utilities Division for all work that is performed on the backflow prevention assembly. The report shall include the list of materials or replacement parts used. It will be the repairman’s responsibility to ensure that original manufactured replacement parts are used in the repair of or replacement of parts in a backflow prevention assembly.

(Ord. 06-64; Am. Ord. 11-10. Formerly 54.06)

54.08 RECORDS AND REPORTS.

(A) Records. The city will maintain the following:

(1) Master files on customer backflow prevention assemblies, tests and/or inspections.

(2) List of all certified backflow prevention assembly testers and repairmen.

(B) Reports. All reports regarding inspections of the customer’s facility and results of backflow prevention assembly tests for the past two years will be kept at the premises for inspection and/or review by the Utilities Division.

(Ord. 06-64; Am. Ord. 11-10. Formerly 54.07)

54.09 ADOPTION OF TECHNICAL SPECIFICATIONS.

The Utilities Division shall publish and enforce the Backflow Prevention and Cross Connection Control Manual. The Manual includes technical specifications to define backflow prevention assembly standards, installations, details, and maintenance criteria. The Manual also includes a list of buildings, facilities, and processes that may introduce harmful substances to the public water system that may require backflow prevention assemblies.

(Ord. 06-64; Am. Ord. 11-10. Formerly 54.08)

54.10 ALTERNATIVE METHODS TO ACHIEVE COMPLIANCE.

(A) Alternate methods for compliance with the specific requirements of this chapter and the Backflow Prevention and Cross Connection Control Manual may be approved by the Utilities Division if the customer proposes, in written form to the Utilities Division, alternate requirements that would provide equivalent backflow prevention.

(B) Any customer seeking relief from a specific part of this chapter or the Backflow Prevention and Cross Connection Control Manual shall do so by filing a written petition with the Utilities Division, on a form provided by the Utilities Division, accompanied by relevant documentation which the petitioner believes would support the petition. The Utilities Division shall provide a written decision to the customer within 30 days following receipt of a completed petition.

(C) In instances where the backflow prevention assemblies cannot be installed at the water service connection, the customer may install the approved backflow prevention assemblies at a location approved by the Utilities Division.

(1) On retrofit installations of backflow prevention assemblies, the customer must prove to the satisfaction of the Utilities Division that the backflow prevention assembly completely protects the water service line from actual or potential cross connections. The customer shall ensure that no future connections will be made to this portion of the service line.

(2) On construction of new premises, the customer shall ensure that the water service line between the city water meter and the public water supply will be adequately protected by an approved backflow prevention assembly.

(D) Compliance schedule. In instances of retrofit installations of backflow prevention assemblies, the customer may propose, in writing, a compliance schedule of not more than one year. The schedule shall detail the steps to be taken by the customer by specific dates to attain compliance. Utilities Division shall review the proposed schedule and approve or deny in written form to the customer within 30 days from receipt.

(Ord. 06-64; Am. Ord. 11-10. Formerly 54.09)

54.11 ENFORCEMENT AND ASSESSMENT FEES.

(A) Enforcement. Except as otherwise provided in this chapter, the Utilities Division Manager or designee shall enforce this chapter, which shall include the inspection of premises and the issuance of notice of violations.

(B) Responsibility. Any responsible party who causes, permits, facilitates, aids, or abets any violation of any provision of the chapter shall be subject to the assessment of fees and penalties stated herein.

(C) Fee schedule. The governing body will approve the schedule of fees to be charged by and paid to the city for permits. Complete schedules of all charges are listed in the city’s Water and Wastewater Rules and Rates Ordinance, Chapter 51, and a copy of the charges will be kept at all times at the Utilities Division and the Office of the City Clerk.

(D) Applicability. Fee assessment schedules shall be applied separately to Sections 54.07, 54.08, 54.09, 54.10, and 54.11. For the purpose of assessing fees for violations of Sections 54.07, 54.08, 54.09, 54.10, and 54.11, any previous violation shall not be considered: if a period of two years has elapsed since the violation incurred; or if a new owner acquires the property.

(E) Assessment of fees. Assessment of fees for violation of the regulations in this chapter will be through the city water and wastewater bills of the responsible party’s billing account. Responsible parties shall be notified of the fee through certified mail within 15 days of violation. Fees shall be assessed to the account within 15 days following expiration of the appeal period set out in the Customer Complaint Procedures section in the Water Utilities Ordinance or issuance of appeal findings and shall be listed as a separate line item on the utility bill. Fees must be paid within the normal payment period allowed by the city utility billing system. Failure to pay will result in disconnection of water service.

(F) Deposit of fees. All fees assessed and collected as a result of violations associated with the backflow prevention pursuant to this chapter shall be deposited to the utility’s enterprise fund.

(G) Misdemeanor penalties for repeat offenders. Upon the seventh or more violation, petty misdemeanor charges may be brought. Every responsible party receiving seven or more violations as determined in subsection (D) of this section shall be guilty of a petty misdemeanor and shall be punished by a fine of not more than $500, but not less than the maximum fee provided in subsection (C) of this section. Each violation above six shall constitute a separate offense and shall be punishable as such. The penalty section of this chapter is exclusive and no jail time may be imposed for violations hereunder.

(Ord. 06-64; Am. Ord. 11-10. Formerly 54.10)

54.12 CUSTOMER APPEALS PROCESS.

(A) If at any time during any of the appeals processes the Utilities Division determines a contamination hazard condition may exist, the Utilities Division shall immediately terminate water service to the premises, thereby protecting public health and safeguarding the city’s potable water supply.

(B) Appeal of any action or decision by the Utilities Division may be filed by the customer with the Governing Body within 30 days after the date of the determination by the Utilities Division. The Governing Body shall have a public hearing and shall give written notice of the time and place to the customer and Utilities Division at least 15 days before the date of the hearing. The customer appeal must be heard by the Governing Body within three months after the date of filing by the customer.

(Ord. 11-10; Am. Ord. 17-02)