HomeMy WebLinkAboutORDINANCE NO. 1093 CROSS CONNECTIONS AND BACKFLOW PREVENTION REPEALING ORD 618pyxnvgc
Amo 'b CITY OF
REXBURG
Americn's Family Cvmrnunity
ORDINANCE NO. 1093
AN ORDINANCE OF THE CITY OF REXBURG, IDAHO,
REPEALING ORDINANCE 618; RELATING TO CROSS -
CONNECTIONS INTO THE CITY WATER SUPPLY SYSTEM;
STATING THE PURPOSE; DEFINING TERMS; REQUIRING
BACKFLOW PREVENTION DEVICES TO PROTECT THE CITY
WATER SUPPLY, IN ACCORDANCE WITH ALL APPLICABLE
ORDINANCES, LAWS, STANDARDS, RULES AND REGULATIONS;
SPECIFYING THE TYPES OF CONNECTIONS FOR WHICH
BACKFLOW PREVENTION DEVICES SHALL BE REQUIRED,
INCLUDING PREMISES HAVING AN AUXILIARY WATER SUPPLY,
PREMISES HAVING INTERNAL CROSS -CONNECTIONS,
PREMISES WITH RESTRICTED ENTRY, PREMISES HAVING A
HISTORY OF CROSS CONNECTIONS, PREMISES ON WHICH
SUBSTANCES ARE HANDLED UNDER PRESSURE, PREMISES
WHERE TOXIC OR HAZARDOUS MATERIALS ARE HANDLED,
AND SPECIFIC TYPES OF FACILITIES; PROVIDING FOR TYPES OF
PROTECTIVE DEVICES AND MANNER OF INSTALLATION;
PROVIDING FOR INSPECTION AND TESTING OF BACKFLOW
PREVENTION DEVICES; PROVIDING FOR TERMINATION OF
SERVICE IN THE EVENT OF NON-COMPLIANCE; PROVIDING
FOR TESTING OF BACKFLOW DEVICE(S) AT PROPERTY OWNER'S
EXPENSE IN THE EVENT OF NON-COMPLIANCE; PROVIDING
FOR CROSS -CONNECTION INSPECTION BEFORE DELIVERY OF
WATER AND PERIODICALLY THEREAFTER; PROVIDING FOR
INSTALLATION PERMITS; PROVIDING REMEDIES FOR
ENFORCEMENT, INCLUDING TERMINATION OF WATER
SERVICE, CORRECTION AT THE EXPENSE OF THE
LANDOWNER AND LEVY OF A SPECIAL ASSESSMENT;
DECLARING VIOLATIONS OF THE ORDINANCE TO BE A
NUISANCE; PROVIDING FOR PROSECUTION OF A CIVIL ACTION;
PROVIDING THAT VIOLATIONS OF THE ORDINANCE
CONSTITUTE A MISDEMEANOR; DISCLAIMING LIABILITY OF
THE CITY; PROVIDING THAT THE PROVISIONS OF THE
ORDINANCE ARE SEVERABLE; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
REXBURG, IDAHO:
SECTION I: PURPOSE AND SCOPE.
The purpose of this ordinance is to protect the public health of water consumers of the
City of Rexburg by the control of actual and/or potential cross -connections.
SECTION II: DEFINITIONS.
1. "Backflow". The flow other than the intended direction of flow, of any foreign
liquids, gases, or substances into the distribution system of the City water supply.
2. "Backflow Prevention Device". A device to counteract back pressure or prevent
back siphonaqe.
3. "City". City means the City of Rexburg and its designated representatives.
4. "Contamination". The entry into or presence in a City water supply of any substance
which may be deleterious to health and/or quality of the water.
5. "Cross -Connection". Any physical arrangement whereby the City water supply is
connected, directly or indirectly, with any other water supply system, sewer, drain,
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conduit, pool, storage reservoir, 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 City
water supply as a result of backflow.
SECTION III: CROSS -CONNECTIONS.
No water service connection to any premises shall be installed or continued in the City
unless the water supply is protected by backflow prevention devices as may be required by
this ordinance, Idaho Code, and all standards, rules, and regulations of the State of Idaho,
the Idaho Department of Health and Welfare, and any other Federal, State, County, or
City authority or agency thereof. The installation or maintenance of a cross -connection
which will endanger the water quality of the potable water supply of the City of Rexburg
shall be unlawful and is prohibited. Any such cross -connection now existing or hereafter
installed is hereby declared to be a public nuisance and the same shall be abated. The
control or elimination of cross -connections shall be in accordance with this ordinance,
Idaho Code, and all standards, rules, and regulations of the State of Idaho, the Idaho
Department of Health and Welfare, and any other Federal, State, County, or City authority
or agency thereof, together with the latest addition of appropriate manuals of standard
practice pertaining to cross -connection control enacted by the City and any applicable
County, State, and Federal authorities and agencies. The City shall have the authority to
establish requirements more stringent than State regulations if it deems that the conditions
so dictate.
SECTION IV: USE OF BACKFLOW PREVENTION DEVICES.
1. Backflow prevention devices shall be installed in connection with water service
connections or within any premises where, in the judgment of the City, the nature
and extent of the activities, or the materials stored on the premises, would present
an immediate and dangerous hazard to health and/or be deleterious to the quality
of the water should a cross -connection occur; even though such cross -connection
does not exist at the time the backflow prevention devices shall be installed under
circumstances including but not limited to the following:
A. Premises having an auxiliary water supply, unless the quality of the auxiliary
supply is in compliance with Idaho Code, and all standards, rules, and
regulations of the State of Idaho, the Idaho Department of Health and
Welfare, and any other Federal, State, County, or City authority or agency
thereof and is acceptable to the City.
B. Premises having internal cross -connections that are not correctable, or intricate
plumbing arrangements which make it impracticable to ascertain whether or
not cross connections exist.
C. Premises where entry is restricted so that inspections for cross -connections
cannot be made with sufficient frequency or at sufficiently short notice to
ensure that cross connections do not exist.
D. Premises having a repeated history of cross connections being established or
re-established.
E. Premises on which any substance is handled under pressure so as to permit
entry into the City water supply, or where a cross -connection could reasonably
be expected to occur. This shall include the handling of process waters and
cooling waters.
F. Premises where materials of a toxic or hazardous nature are handled in such a
way that if back siphonage should occur, a serious health hazard might result.
G. The following types of facilities will fall into one of the above categories where
a backflow prevention device is required to protect the City water supply. A
backflow prevention device shall be installed at these facilities unless the City
and applicable State, County, and Federal authorities and agencies determine
that no hazard exists:
i. Hospitals, mortuaries, clinics
ii. Laboratories, including school laboratories
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iii. metal plating industries
iv. Sewage treatment plants
V. Food or beverage processing plants
vi. Chemical plants using a water process
vii. Petroleum processing or storage plants
viii. Cat washes
ix. Dry cleaners
Other premises as specified by the City, where backflow prevention devices are
required to protect the City water supply.
2. The type of protective device required shall depend on the degree of hazard which
exists:
A. An air -gap separation or a reduced pressure principle backflow prevention
device shall be installed where the City 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 not hazardous to
health, a double check valve assembly, air 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. The device shall be located so as to be readily
accessible for maintenance and testing, and furthermore, where no part of the
device will be submerged.
4. Backflow prevention devices required by this ordinance shall be installed under the
supervision of, and with the approval of, the City.
5. Any protective device requited by this ordinance shall be approved by the City,
applicable State, County, and Federal authorities and agencies. These devices shall
be furnished and installed by and at the expense of the customer.
6. Backflow prevention devices installed pursuant to this ordinance, shall be
inspected and tested annually, or more often if necessary. Inspections, tests, and
maintenance shall be at the customer's expense, and, if requested by the City, by a
certified tester retained and paid by the customer. Whenever the devices are found
to be defective, they shall be repaired, overhauled, or replaced at the customer's
expense. Inspections, tests, repairs, and records thereof shall be accomplished in
accordance with all standards, rules, and regulations of the ordinance, Idaho Code,
and all standards, rules, and regulations of the State of Idaho, the Idaho
Department of Health and Welfare, and any other Federal, State, County, or City
authority or agency thereof by certified testers retained and paid by the customer.
7. No underground sprinkling device will be installed without adequate backflow
prevention devices at the point from which the water for irrigation is taken from
the City water supply.
8. Failure of the customer to cooperate in the installation, maintenance, testing, or
inspection of backflow prevention devices requited by this ordinance, Idaho Code,
and all standards, rules and regulations of the State of Idaho, the Idaho
Department of Health and Welfare, and any other Federal, State, County, or City
authority or agency thereof shall be grounds for the termination of water service to
the premises, or, in the alternative, the installation of an air -gap separation at the
customer's expense.
9. In the event that documentation of test and repairs are not received by June 1" of
the year when required, the City at the property owner's expense, may hire a State
of Idaho licensed backflow prevention tester to test the backflow device(s) and add
the cost of the test(s) plus a handling fee of $10.00 to the property owner's City of
Rexburg utility bill.
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SECTION V: CROSS -CONNECTION INSPECTION.
1. No water shall be delivered to any structure hereafter built within the City or
within areas served by City water until the same shall have been inspected by the
City for possible cross -connections and been approved as being free of the same.
2. Any construction for industrial or other purposes which is classified as hazardous
facilities pursuant to Section 4(1) (G) of this ordinance, where it is reasonable to
anticipate cross -connections, or as determined by the City, shall be protected by
the installation of one or more backflow prevention devices at the point of service
from the City water supply or any other location designated by the City, and
applicable County, State, and Federal authorities and agencies.
3. Inspections may be made periodically of all buildings, structures, or improvements
of any nature now receiving water through the City's system, for the purpose of
ascertaining whether cross -connections exist. Such inspections shall be made by
the City or applicable County, State, and Federal authorities and agencies.
SECTION VI: INSTALLATION PERMITS.
If cross -connection control device(s) are found to be necessary, the owner of the property
served must apply to the City for a specific installation permit.
SECTION VII: ADDITIONAL REMEDIES.
In the event an improper cross -connection is not corrected within the time limits set by
the City 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 cease delivery of water
to the property until the deficiency is corrected to the City's satisfaction. In addition, the
City without waiving any terms of this ordinance may, but shall not be required to, effect
the necessary repairs or installations at the expense of the property owner and refuse
delivery of water to the property until the cost thereof shall have been paid. Violations of
this ordinance are hereby declared to be a nuisance, and the City, after notice to the
customer or property owner to remove or correct the violation, may prevent, remove, and
abate the same at the expense of the party creating or maintaining the same, in which event
the City may levy a special assessment as provided in Idaho Code 50-1008 on the land or
premises whereon the nuisance is situated to defray the cost or to reimburse the City for
the cost of abating the same.
SECTION VIII: CIVIL ACTION.
In addition to, or in lieu of the foregoing, the City may bring any appropriate civil action,
including abatement, injunction, and/or damages in which event the City shall be entitled
to all costs including attorney's fees in the prosecution of such action.
SECTION IX: MISDEMEANOR.
In addition to the foregoing, any person violating the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be subject to the
penalties as provided by law.
SECTION X: LIABILITY.
This ordinance shall not be construed to hold the City responsible for any damage to
persons or property by reason of the inspection or testing herein, or the failure to inspect
or test or by reason of approval of any cross -connections.
SECTION XI: SEVERABILITY.
In the event that any provision or clause of this ordinance shall be found invalid or
unenforceable for any reason, such invalidity or unenforceability shall not affect the
validity of the remaining portions of this ordinance, and the same shall remain in full force
and effect.
SECTION XII: EFFECTIVE DATE.
This ordinance shall be in full force and effect from and after its passage and approval, and
publication of a summary of this ordinance under Idaho Code 50-901A, the Council
dispensing with the rule providing that ordinances be read on three different days, all as
provided by law.
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PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR this DO
Lday
of Match. 2013.
ATTEST:
Blair D. Kay, City Clerk.
rff.ffar S. Woodland,
STATE OF IDAHO)
)ss.
County of Madison )
I, Blair D. Kay, City Clerk of the City of Rexburg, Idaho, do hereby certify: That the
foregoing is a full, true and correct copy of an ordinance entitled:
AN ORDINANCE OF THE CITY OF REXBURG, IDAHO,
REPEALING ORDINANCE 618; RELATING TO CROSS -
CONNECTIONS INTO THE CITY WATER SUPPLY SYSTEM;
STATING THE PURPOSE; DEFINING TERMS; REQUIRING
BACKFLOW PREVENTION DEVICES TO PROTECT THE CITY
WATER SUPPLY, IN ACCORDANCE WITH ALL APPLICABLE
ORDINANCES, LAWS, STANDARDS, RULES AND REGULATIONS;
SPECIFYING THE TYPES OF CONNECTIONS FOR WHICH
BACKFLOW PREVENTION DEVICES SHALL BE REQUIRED,
INCLUDING PREMISES HAVING AN AUXILIARY WATER SUPPLY,
PREMISES HAVING INTERNAL CROSS -CONNECTIONS,
PREMISES WITH RESTRICTED ENTRY, PREMISES HAVING A
HISTORY OF CROSS CONNECTIONS, PREMISES ON WHICH
SUBSTANCES ARE HANDLED UNDER PRESSURE, PREMISES
WHERE TOXIC OR HAZARDOUS MATERIALS ARE HANDLED,
AND SPECIFIC TYPES OF FACILITIES; PROVIDING FOR TYPES OF
PROTECTIVE DEVICES AND MANNER OF INSTALLATION;
PROVIDING FOR INSPECTION AND TESTING OF BACKFLOW
PREVENTION DEVICES; PROVIDING FOR TERMINATION OF
SERVICE IN THE EVENT OF NON-COMPLIANCE; PROVIDING
FOR TESTING OF BACKFLOW DEVICE(S) AT PROPERTY OWNER'S
EXPENSE IN THE EVENT OF NON-COMPLIANCE; PROVIDING
FOR CROSS -CONNECTION INSPECTION BEFORE DELIVERY OF
WATER AND PERIODICALLY THEREAFTER; PROVIDING FOR
INSTALLATION PERMITS; PROVIDING REMEDIES FOR
ENFORCEMENT, INCLUDING TERMINATION OF WATER
SERVICE, CORRECTION AT THE EXPENSE OF THE
LANDOWNER AND LEVY OF A SPECIAL ASSESSMENT;
DECLARING VIOLATIONS OF THE ORDINANCE TO BE A
NUISANCE; PROVIDING FOR PROSECUTION OF A CIVIL ACTION;
PROVIDING THAT VIOLATIONS OF THE ORDINANCE
CONSTITUTE A MISDEMEANOR; DISCLAIMING LIABILITY OF
THE CITY; PROVIDING THAT THE PROVISIONS OF THE
ORDINANCE ARE SEVERABLE; AND PROVIDING FOR AN
EFFECTIVE DATE.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE
MAYOR on the 20! day of March, 2013.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City
of Rexburg, Idaho, this 25a' day of March, 2013.
zux+ _ -- 1
Blair D. Kay, City Clerk
n
pEXb UAC
+o` ,r° C[T_Y0 F _.
R 2
° REXBURG
Americn's Pamily Community
(Summary)
ORDINANCE NO. 1093
AN ORDINANCE OF THE CITY OF REXBURG, IDAHO,
REPEALING ORDINANCE 618; RELATING TO CROSS -
CONNECTIONS INTO THE CITY WATER SUPPLY SYSTEM;
STATING THE PURPOSE; DEFINING TERMS; REQUIRING
BACKFLOW PREVENTION DEVICES TO PROTECT THE CITY
WATER SUPPLY, IN ACCORDANCE WITH ALL APPLICABLE
ORDINANCES, LAWS, STANDARDS, RULES AND REGULATIONS;
SPECIFYING THE TYPES OF CONNECTIONS FOR WHICH
BACKFLOW PREVENTION DEVICES SHALL BE REQUIRED,
INCLUDING PREMISES HAVING AN AUXILIARY WATER SUPPLY,
PREMISES HAVING INTERNAL CROSS -CONNECTIONS,
PREMISES WITH RESTRICTED ENTRY, PREMISES HAVING A
HISTORY OF CROSS CONNECTIONS, PREMISES ON WHICH
SUBSTANCES ARE HANDLED UNDER PRESSURE, PREMISES
WHERE TOXIC OR HAZARDOUS MATERIALS ARE HANDLED,
AND SPECIFIC TYPES OF FACILITIES; PROVIDING FOR TYPES OF
PROTECTIVE DEVICES AND MANNER OF INSTALLATION;
PROVIDING FOR INSPECTION AND TESTING OF BACKFLOW
PREVENTION DEVICES; PROVIDING FOR TERMINATION OF
SERVICE IN THE EVENT OF NON-COMPLIANCE; PROVIDING
FOR TESTING OF BACKFLOW DEVICE(S) AT PROPERTY OWNER'S
EXPENSE IN THE EVENT OF NON-COMPLIANCE; PROVIDING
FOR CROSS -CONNECTION INSPECTION BEFORE DELIVERY OF
WATER AND PERIODICALLY THEREAFTER; PROVIDING FOR
INSTALLATION PERMITS; PROVIDING REMEDIES FOR
ENFORCEMENT, INCLUDING TERMINATION OF WATER
SERVICE, CORRECTION AT THE EXPENSE OF THE
LANDOWNER AND LEVY OF A SPECIAL ASSESSMENT;
DECLARING VIOLATIONS OF THE ORDINANCE TO BE A
NUISANCE; PROVIDING FOR PROSECUTION OF A CIVIL ACTION;
PROVIDING THAT VIOLATIONS OF THE ORDINANCE
CONSTITUTE A MISDEMEANOR; DISCLAIMING LIABILITY OF
THE CITY; PROVIDING THAT THE PROVISIONS OF THE
ORDINANCE ARE SEVERABLE; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
REXBURG, IDAHO:
SECTION I: PURPOSE AND SCOPE.
The purpose of this ordinance is to protect the public health of water consumers of the
City of Rexburg by the control of actual and/or potential cross -connections.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR this 20Lday
of March, 2013.
'-� Z �Z'_ zv;/ L�' /'[
c atd S. oodland, Mayor.
ATTEST:
Blair D. Kay, City Clerk.
STATEMENT OF
REXBURG CITY ATTORNEY
AS TO ADEQUACY OF SUMMARY
OF ORDINANCE 1093
Stephen Zollinger, City Attorney for the City of Rexburg, declares that in his
capacity as City Attorney of the City of Rexburg, pursuant to Idaho Code Section
50-901A (3) of the Idaho Code as amended, hereby certifies that he has reviewed a
copy of the above cited Summary of Ordinance and has found the same to be true
and complete and provides adequate notice to the public of the contents, including
the exhibits, of Ordinance No. 1093.
DATED this 25"' day of March, 2013.
--�.
Stephen P. Zollinger
Rexburg City Attorney