Chapter 13.10
BACKFLOW AND CROSS-CONNECTION CONTROL
Sections:
13.10.020 Water supply protections.
13.10.010 Definitions.
“Approved air gap” shall mean a physical separation at least double the diameter of the supply pipe measured vertically above the overflow rim of the vessel (but in no event less than one inch) between the free-flowing discharge end of a potable water supply pipeline and an open or nonpressure receiving vessel.
“Backflow” means the undesirable reversal of the flow of water or mixtures of water and other liquids, gases, or other substances into the distribution pipes of the potable water supply from any source.
“Backflow prevention assembly” means an assembly or means designed to prevent backflow which meets the specifications set forth in the Utah Plumbing Code as amended from time to time.
“Back pressure” means a form of backflow that occurs when the customer’s pressure is higher than the supply pressure.
“Back siphonage” means a form of backflow that results from a reduction in system pressure which causes a subatmospheric or negative pressure to exist at a site or point in the water system.
“Cross-connection” means any actual or potential connection between a potable water system and any other source or system (including, but not necessarily limited to, any temporary connections, swing connections, removable sections, four-way plug valves, spools, dummy sections of pipe, swivel or change-over devices, sliding multi-port tubes, or other similar plumbing arrangements) through which it is possible to introduce into the public drinking water system any used water, industrial fluid, gas or substance other than the intended potable water and/or which may change the color or odor of the potable water.
“Potable water” means any public drinking water supply which is safe for human consumption as prescribed by Utah law. (Ord. 2016-05 § 1, 2016; Ord. 2003-06 § 1, 2003.)
13.10.020 Water supply protections.
1. No water service connection to any premises shall be installed or maintained by the City, or any other water utility, unless the water supplying the premises is protected as required by state and City laws and regulations.
2. All backflow prevention assemblies existing at the time this chapter is adopted but which do not meet the requirement of this chapter shall be excluded from the requirements of this chapter, provided such backflow prevention assemblies were approved for the purpose of controlling backflow at the time of installation and have been properly maintained so as to function in the manner originally intended. Such previously existing backflow prevention assemblies shall still be subject to periodic inspection and testing as required by this chapter. Whenever a previously existing backflow prevention assembly is moved to another location, or requires more than minimum maintenance, or if it is determined by a duly authorized representative of Francis City to constitute a hazard to health, the previously existing backflow prevention assembly shall be replaced by a backflow prevention assembly meeting the requirements of this chapter.
3. The designated Building Official of Francis City shall review all plans submitted in conjunction with an application for a building permit to assess the existence and impact of cross-connections. If a cross-connection cannot be eliminated, an approved air gap or backflow prevention assembly shall be installed as directed by the designated Building Official.
4. Whenever a duly authorized representative of Francis City determines that a service connection contributes a sufficient hazard to the potable water supply and/or has an undesirable effect upon the color or odor of the potable water supply, a backflow prevention assembly shall be installed on the lateral service line of the customer’s water system, at or near the property line, or immediately inside the premises being served, but in any event before the first branch line leading off of the lateral service line, all as directed by the designated Building Official of Francis City.
5. The installation, testing, maintenance, including necessary repairs, of all backflow prevention assemblies and other cross-connection control devices shall be the sole responsibility of the customer at the customer’s expense.
6. The customer shall be responsible for obtaining an operational test and inspection of backflow prevention assemblies and cross-connections at least once every 12 months. If a duly authorized representative of Francis City determines that the risks and danger posed by a backflow prevention assembly or cross-connection requires more frequent tests and inspections, then Francis City may dictate a more frequent interval for such tests and inspections. Written reports of such tests and inspections, dated and signed by the individual conducting such tests and inspections, shall be submitted to Francis City.
7. Any and all installations, maintenance, repairs, tests and inspections of backflow prevention assemblies and cross-connections shall be conducted by a Utah state certified backflow technician.
8. Duly authorized representatives of Francis City shall have access at all reasonable times to inspect a customer’s water system (including, but not necessarily limited to, crawl spaces, above-ceiling areas, paneled interior areas, etc.) in order to determine whether cross-connections or other safety or sanitary hazards are present, and to assess compliance with the provisions of this chapter. (Ord. 2016-05 § 1, 2016; Ord. 2003-06 § 2, 2003.)
13.10.030 Enforcement.
1. Water service to any premises shall be immediately discontinued upon the occurrence of any violation of any term or provision of this chapter. Water service shall not be restored to the premises until such violation has been completely remedied.
2. The designated Francis City Council member with direct responsibility for the Francis City water system may, but in no event shall ever be required to, suspend the termination of water service for a reasonable time period, but in no event longer than 10 calendar days, in order to give the customer an opportunity to correct the violation, provided that the Council member determines that the violation does not pose an imminent safety, health or other hazard to the quality and integrity of Francis City’s potable water supply.
3. In the event that a customer fails to conduct or otherwise obtain any inspection and/or testing required by this chapter, Francis City may elect to, but under no circumstances shall ever be required to, perform such inspection and/or testing and charge the customer for the cost thereof by adding such cost to the customer’s bill for water service, and then collect such amount in the same manner as the customer’s bill for water service would otherwise be collected.
4. In addition to any enforcement action taken by Francis City with respect to termination of water service, each violation of any term or provision of this chapter shall constitute a class C misdemeanor, punishable by a fine of not more than $1,000 and/or imprisonment for a term not exceeding 90 days.
5. In lieu of pursuing criminal remedies with respect to a violation of any term or provision of this chapter, Francis City may elect, in its sole discretion based upon the particular facts and circumstances of each case, to pursue the following civil remedies:
a. Francis City shall issue a written notice to comply regarding each such violation to the offending party, which written notice shall identify the offending party, identify the violation, set forth the time period afforded to the offending party to come into compliance with this chapter and thereby avoid further civil enforcement proceedings, and set forth the date, time and location of the administrative hearing to be held regarding the same in the event that the offending party does not comply within the prescribed time period. For a first time offense, the applicable compliance period shall be 30 calendar days from the date of the written notice to comply. In the event that a second notice to comply is issued to the same party for any violation of this chapter within any rolling 12-month period, the applicable compliance period shall be 15 calendar days from the date of the written notice to comply. In the event that a third notice to comply is issued to the same party with respect to any violation of this chapter within any rolling 12-month period, the applicable compliance period shall be the next business day after the date of the written notice to comply. The compliance period set forth in subsection (2) of this section applies solely to civil enforcement proceedings pursuant to this subsection, and shall not prevent Francis City from immediately terminating water service pursuant to subsection (1) of this section.
b. If a violation is not completely cured within the time period set forth in the written notice to comply, then such violation shall be subject to a civil penalty in the minimum amount of $25.00 and the maximum amount of $100.00 per day, depending upon the particular facts and circumstances of each case, which fine shall be imposed beginning on the first calendar day after the applicable compliance period has expired and ending on the date that the violation is completely cured and the offending party is in full compliance with this chapter with respect thereto.
c. The administrative hearing shall be a public meeting during regularly scheduled hours, conducted by an administrative law judge appointed by the Francis City Council (which administrative law judge may be an employee of Francis City). The offending party shall be given an opportunity to be heard at the administrative hearing, and shall otherwise be afforded due process. The administrative hearing shall be recorded or otherwise documented so that a true and correct transcript may be made of its proceedings. The administrative law judge shall make a final administrative determination with respect to the citation, which determination may be that there was no violation, or that a violation occurred and must be abated, and the amount of the appropriate civil penalty within the parameters set forth herein.
d. Any person adversely affected by any such administrative proceeding and order may petition a district court for review of the determination. In the petition, the petitioner may only allege that the administrative order was arbitrary, capricious or illegal. The petition is barred unless it is filed within 30 calendar days after the administrative order is final. No evidence may be submitted to the district court as part of such petition that is not included in the administrative record of the proceedings unless the evidence was offered to the administrative law judge as part of the administrative hearing and the district court determines that the evidence was improperly excluded by the administrative law judge.
e. In the event that Francis City is required to take formal legal action to collect any civil penalty imposed pursuant to subsection (4) of this section, the person responsible therefor shall also be responsible for paying any costs of collection incurred by Francis City, including, but not limited to, reasonable attorney’s fees, which costs of collection may exceed the amount of the civil penalty itself. (Ord. 2016-05 § 1, 2016; Ord. 2003-06 § 3, 2003.)