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HomeMy WebLinkAboutORD 01-032 ORDINANCE NO. 01-032 ENTITLEDAN ORDINANCE AMENDING CHAPTER 28,ARTICLE III, TO ADD SECTION 28-57, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, REQUIRING BACKFLOW PREVENTERS AT EACH POTENTIALLY HAZARDOUS CONNECTION TO THE CITY OF BEAUMONT'S WATER SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28, Article III, Section 28-57, of the Code of Ordinances of the City of Beaumont be amended to add Section 28-57, requiring backflow preventers at each potentially hazardous connection to the City of Beaumont's water system and the same is hereby amended to read as follows: CITY OF BEAUMONT ARTICLE III SECTION 28-57 CROSS CONNECTION CONTROL AND PREVENTION Section 28-57.1. Purpose The purpose of this ordinance is: A) To protect the public potable water supply of Beaumont, Texas from the possibility of contamination or pollution by isolating within the customer's internal distribution system(s) or the customer's private water system(s) such contaminants or pollutants that could backflow into the public water system. B) To promote the elimination or control of existing cross-connections, actual or potential, between the customer's in-plant potable water system(s) and nonpotable water systems, plumbing fixtures, and industrial piping systems. 1 G:\CG\ORDINANC\AMEND\ch28111sect28-57.wpd Section 28-57.2. Cross-Connections Prohibited A) No installation of potable water supply, piping, or part thereof, shall be made in such a manner that allows used, unclean, polluted, or contaminated water, mixtures, gasses, or other substances to enter any portion of such piping by reason of back siphonage, back pressure, or any other cause. B) No person shall install any water operated equipment or mechanism or use any water treating chemical or substances, if it is found that such equipment, mechanism, chemical, or substance may cause pollution or contamination of the public potable water supply. C) No person shall connect to the public potable water system any mechanism(s) or system(s) designed to return used water to the public potable water system through any measures. D) No person shall connect to the public potable water system an auxiliary water system without the approval of the City. E) No water service connection shall be made to any establishment where a potential or actual contamination hazard exists unless the public water supply is protected in accordance with the Texas Natural Resource Conservation Commission's Rules and Regulations for Public Water Systems and this ordinance. Water service shall be discontinued by the City if a required backflow prevention assembly is not installed, maintained, and tested in accordance with TNRCC Rules and this Ordinance. 2 G:\CGIORDINMCV V&ND\ch28111sect28-57.wpd Section 28-57.3. Definitions The following definitions shall apply to this Ordinance: Air Gap-The unobstructed vertical distance through free atmosphere between the lowest opening from any pipe or faucet conveying water or waste to a tank, plumbing fixture, receptor, or other assembly and the flood level rim of the receptacle. These vertical, physical separations must be at least twice the diameter of the water supply outlet, never less than 1 inch (25 mm). Auxiliary Supply-any water supply on or available to the premises other than the City's approved public water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural sources, such as, but not limited to a well, spring, river, stream, used waters, or industrial fluids. These waters constitute an unacceptable water source over which the City does not have sanitary control. Backflow-The undesirable reversal of flow in a potable water distribution system as a result of a cross-connection. Backflow Prevention Device or Assembly - any mechanical or physical means to prevent backflow into the potable water system, including reduced pressure backflow assemblies, double-check valve assemblies, atmospheric vacuum breakers, pressure vacuum breaker assemblies, or air gap. All backflow prevention assemblies shall have been manufactured in full conformance with the standards established by the American Water Works Association and have met completely the laboratory and field performance 3 G:\CG\ORDINANC\AMEND\ch28111sect28-57.wpd specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California established by"Specification of Backflow Prevention Assemblies" of the most current issue of the Manual of Cross-Connection Control. City or The City - the City of Beaumont, Texas or its authorized representative, which, for the purposes of implementation and enforcement of the backflow prevention program, shall normally mean representatives of Water Utilities. Commission or TNRCC - Texas Natural Resource Conservation Commission, regulatory agency of the State. Cross-Connection - any actual or potential connection or structural arrangement between a potable water supply system and any plumbing fixture or any tank, receptacle equipment or device,through which it may be possible for any non-potable, used, unclean, polluted and/or contaminated water, or other contaminant, to enter into any part of such potable water system under any condition or set of conditions. Double Check Valve Assembly-a backflow prevention assembly which consists of two internally loaded check valves, either spring loaded or internally weighted, installed as a unit between two tightly closing resilient-seated shutoff valves and fittings with properly located resilient-seated test cocks. Person - any individual, partnership, associations, corporations, firms, clubs, trustees, receivers, and bodies politic and corporate. Plumbing Code -the City's plumbing code as adopted under Section 6-144 of the Code of Ordinances of the City of Beaumont. 4 G:\CG\ORDINANC\AMEND\ch28111sect28-57.wpd Potable Water Supply-any water supply intended or used for human consumption or other domestic use. Public Water System or Supply-any public or privately owned water system which supplies water for public domestic use. The system will include all services, reservoirs, facilities, and any equipment used in the process of producing, treating, storing, or conveying water for public consumption. For the purposes of this Ordinance, this shall normally mean the Public Water Supply maintained by the City of Beaumont. Premises - any piece of property to which water is provided, including all improvements, mobile structures, and structures located on it. Recognized Backflow Prevention Assembly Tester - An individual meeting the requirements of the most recent revisions to Title 30, Texas Administrative Code §290.44(h)(4) and holding a current endorsement from the Texas Natural Resource Conservation Commission or its designated agent, for the type of assembly being tested. Reduced Pressure Principle Assembly-Abackflow prevention assembly consisting of two independently acting approved check valves togetherwith a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and below the first check valve. These units are located between two tightly closing resilient-seated shutoff valves as an assembly and equipped with properly located resilient-seated test cocks. Water Utilities Manager- person in charge of the City of Beaumont Water Utilities Division or his/her designated representative. 5 G:\CG\ORDINANCVW END\ch28111sed28-57.wpd Section 28-57.4. Applicability The rules and regulations set forth herein are intended to limit backflow potential at residential, commercial and industrial facilities as well as all wholesale customers and all other connections to the City of Beaumont's public water system. Nothing contained herein shall be construed to prevent the City from requiring appropriate backflow prevention, including disconnection from service, for any water service that presents a backflow potential where plumbing code requirements are not sufficient to protect the City of Beaumont's public water system. Section 28-57.5. Cost of Compliance The cost of complying with these regulations shall be the responsibility of the property owners and their lessees. These costs include but are not limited to purchasing, installation, testing, and repair of backflow prevention assemblies. These costs shall also include point-of-use and premise isolation assemblies. Section 28-57.6. Pressure Loss Any water pressure drop caused by the installation of a backflow prevention assembly shall not be the responsibility of the City. Section 28-57.7. Thermal Expansion It is the sole responsibility of any user who owns or controls property to eliminate the possibility of thermal expansion, if a closed system has been created by the installation of a backflow prevention assembly. 6 G:\CG\ORDINANC\AMEND\ch28111sect28-57.wpd Section 28-57.8. Rental Properties Any person who owns or controls rental property is responsible for the installation, testing, and repair of any necessary backflow prevention assemblies on that property. Section 28-57.9. Right of Entry A) Upon presentation of proper identification, authorized representatives from the City of Beaumont shall have the right to enter any building, structure, or premises during normal business hours, or at any time during the event of an emergency to perform any duty imposed by this Ordinance. These duties may include sampling and testing of water, or inspections and observations of all piping systems connected to the public water supply. Where a consumer has security measures in force which would require proper identification and clearance before entry into their premises, the consumer shall make necessary arrangements with the security guards so that upon presentation of suitable identification, City of Beaumont personnel will be permitted to enter without delay for the purpose of performing their specific responsibilities. Refusal to allow entry for these purposes may result in discontinuance of water service. B) On request, the consumer shall furnish to the City of Beaumont any pertinent information regarding the potable water supply system on such property where cross-connections and backflow are deemed possible. 7 G:\CGI ORDINANCVWEND 1ch28111sect28-57.wpd Section 28-57.10. Abatement by City A) The City shall conduct a plumbing inspection or customer service inspection on any residential or commercial establishment served by the City's public water supply prior to providing continuous water service to all new construction, on any existing service when the Water Utilities Manager has reason to believe that cross-connections or other contaminant hazards exist, or after any material improvement, correction, or addition to the customer's private distribution facilities. The purpose of the inspection is to determine compliance with this Ordinance and applicable portions of the City's Plumbing Code relating to cross connection control and unsafe plumbing practices. Upon determination by the City that the residential or commercial establishment falls under the provisions of this Ordinance and requires a backflow prevention assembly, the Water Utilities Manager shall issue a notice to abate the condition or order the establishment to install the proper backflow prevention assembly(ies) commensurate with the degree of hazard . A copy of the notice which is issued or caused to be issued by the Water Utilities Manager shall be forwarded to the chief plumbing inspector of the City. B) An approved backflow prevention assembly shall be installed on each service line or point of delivery to a consumer's water system whenever the following conditions exist: 8 G:\CG%ORDINANC\AMEND1ch28lllsect28-57.wpd 1) In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the TNRCC or the City, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line commensurate with the degree of hazard. 2) In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line commensurate with the degree of hazard. This shall include the handling of process waters and waters originating from the City's public water system which have been subject to deterioration in quality. 3) In the case of premises having (1) internal cross-connections that cannot be permanently corrected or protected against, or(2)intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross connections exist, the City's public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in each service line. 9 G:\CG\ORDINANCVWEND\ch28lllsect28-57.wpd C) Using the City's Plumbing Code, TNRCC regulations and guidelines, and American Water Works Association (AWWA) recommendations, the Water Utilities Manager shall designate the type of backflow prevention assembly required for each type of establishment or hazard. In the case of conflict between these references, the more stringent standard shall apply. D) Any backflow prevention assembly required by this Ordinance shall be of a model and size approved by the Water Utilities Manager. Section 28-57.11. Fire Hydrant Protection An approved double check valve backflow prevention assembly or reduced pressure zone backflow prevention assembly shall be the minimum protection for fire hydrant water meters which are being used for a temporary water supply during any construction or other uses which would pose a potential hazard to the City's public water supply. A reduced pressure zone backflow prevention assembly must be installed if any contaminant other than the potable water can be introduced into the system. A) It is the responsibility of all persons engaging in the use and rental of a fire hydrant water meter to abide by the conditions of this Ordinance. All fire hydrant water meter rentals shall meet the current requirements as provided for by the Customer Service Section and Water Distribution Section. B) Only fire hydrant water meters with approved backflow prevention assemblies are allowed to be used on fire hydrants in the Beaumont public water supply system. All fire hydrant meters shall be obtained from the Beaumont Water Utilities Division. 10 G:\CG\ORDINANC\AMEND\ch28lllsecl28-57.wpd C) A deposit is required to ensure the return of all water meters and backflow prevention assemblies to the Water Distribution Section. Failure to return the assemblies will result in forfeiture of the deposit and enforcement action may be taken against the responsible party, as allowed for in the penalty section of this Ordinance. D) Non approved fire hydrant meters which are found to be in use in the City's public water system will be confiscated and not returned. Enforcement action may be taken against the responsible party, as allowed for in the enforcement section of this Ordinance. E) It shall be a violation of this Ordinance for anyone other than employees of Beaumont Water Utilities or the Beaumont Fire Department to open, tamper with, or use water from any fire hydrant without the express written permission of Beaumont Water Utilities. Section 28-57.12. Installation Requirements Backflow prevention assemblies shall be installed in accordance with the following requirements, to ensure their proper operation and accessibility: A) Backflow prevention assemblies shall be installed in accordance with the City's Plumbing Code and the manufacturer's instructions. All backflow prevention assemblies installed in accordance with this ordinance shall be tested upon installation by a recognized backflow prevention assembly tester. The test report shall be sent to the Water Utilities Division within ten (10) days of the 11 G:1 CG\ORDINMC WMEND1ch28111sec128-57.wpd installation. The assembly installer shall obtain the required plumbing permits prior to installation as required by the City's Plumbing Code. B) No part of a reduced pressure principle backflow prevention assembly shall be located in water or installed in a pit or other location subject to flooding. If a double check valve assembly is installed in a vault, brass plugs shall be maintained in the test ports at all times and adequate drainage shall be provided. C) When a backflow prevention assembly is installed to serve an entire establishment, the assembly shall be installed at the service connection of the water supply, before any branch in the line, and on private property located just inside the boundary of the City's right of way. The Water Utilities Manager may specify additional areas for installation of assemblies if needed. D) Backflow prevention assemblies shall be protected from freezing and other severe weather conditions. F) All vertical installations shall be approved in writing by the Water Utilities Manager prior to installation. G) Backflow prevention assemblies shall be readily accessible with adequate room for maintenance and testing. Assemblies two(2) inches and smaller shall have at least six (6) inch clearance on all sides of the assembly. All assemblies larger than two (2) inches shall have a minimum clearance of twelve (12) inches on the back side, twenty-four (24) inches on the test cock side, twelve (12) inches below the assembly, and thirty-six(36) inches above the assembly. 12 G:1 CGIORDINANC WMEND1ch28111sect28-57.wpd °Y" pattern double check valve assemblies shall be installed so that the checks are horizontal and the test cocks face upward. H) If an assembly is installed five (5) feet or higher above the ground or floor, it shall be equipped with a suitable platform for use by testing or maintenance personnel. This installation shall meet all applicable requirements set out by the U. S. Occupational Safety and Health Administration and the State of Texas occupational safety and health laws. 1) Bypass lines are prohibited. Pipe fittings which could be used for connecting a bypass line shall not be installed. Section 28-57.13. Annual Inspections and Maintenance A) Regular inspections and testing of mechanical backflow prevention assemblies shall be conducted at least once per year by a recognized backflow prevention assembly tester on backflow prevention assemblies which are installed to provide protection against health hazards, as defined by TNRCC rules,AWWA standards, or as determined by the Water Utilities Manager. The Water Utilities Manager may also require more frequent testing in certain applications to protect against high health hazards. If upon inspection of the backflow prevention assembly, it is deemed to not be operating properly, it is the responsibility of the establishment to immediately make all necessary repairs. It is the responsibility of the tester to report all assemblies found not to be operating correctly to the Water Utilities Division. Test reports shall be submitted to the Water Utilities Division within ten(10)working days of the test. 13 G:\CGIORDINMCWNEND\ch28111sect28-57.wpd Only tests conducted by recognized backflow prevention assembly testers and which are reported correctly on City report forms shall be in compliance with this Ordinance. B) The maintenance and repair of any backflow prevention assembly shall be the responsibility of the property owner of the premises,the lessee of the premises, or both. The backflow prevention assembly is to be installed and maintained in proper working order at all times, including repair as required.All maintenance and repair of assemblies or assemblies shall be in accordance with all applicable regulations of the TNRCC and with acceptable industry practice. In the event that the water to an establishment may not be turned off for testing of the backflow prevention assembly, the establishment shall be equipped with dual backflow prevention assemblies of the same type so that testing, repair, and maintenance may be performed. C) No backflow prevention assembly shall be removed from use, relocated, or other assembly substituted without the approval of the Water Utilities Manager. Whenever an existing backflow prevention assembly is moved from its present location or cannot be repaired, the assembly shall be replaced with a backflow prevention assembly in compliance with this Ordinance. The new assembly shall be installed and tested in compliance with this Ordinance. D) Test gauges used for backflow prevention assembly testing shall be calibrated at least annually in accordance with the American Water Works Association's Recommended Practice for Backf/owPrevention and Cross Connection Control 14 G:1 CGIORDINANC1AMEND 1ch28llNec128-57.wpd (Manual M14) or the University of Southern California's Manual of Cross Connection Control. The Water Utilities Manager may require calibration reports or other documentation of compliance with this requirement. C) City personnel may perform inspections and request testing of backflow prevention assemblies while they are present to verify proper testing and to determine the proper operation of assemblies. The City shall not be liable for damage caused to any backflow prevention assembly as a result of the inspection or testing. Section 28-57.14. Emergency Suspension of Water Utility Service A) The Water Utilities Manager may, without prior notice, suspend water service to any premises when such suspension is necessary to stop an actual or threatened backflow which: 1) presents or may present imminent and substantial danger to the environment or to the health or welfare of persons; or 2) presents or may present imminent and/or substantial danger to the City's public water supply. B) As soon as is practical after the suspension of service, the Water Utilities Manager shall notify the owner or person in charge of the premises of the suspension, in person or by certified mail, return receipt requested, and shall order such person to correct the cross-connection which allowed the backflow to occur. When time permits, the Water Utilities Manager should also notify the owner or person in charge prior to suspending water service. 15 G\CG\ORDINANC\AMEND\ch28111sect28.57.wpd C) The Water Utilities Manager shall not reinstate suspended services until: 1) The person presents proof, satisfactory to the Water Utilities Manager, that the hazard has been eliminated and its cause determined and corrected; 2) The person pays the City for all costs the City incurred in responding to the backflow or threatened backflow; and 3) The person pays the City for all costs the City will incur in reinstating service. D) A person whose service has been suspended, may appeal such enforcement action to the Water Utilities Manager, in writing, within ten days of notice of the suspension. E) A person commits an offense if the person reinstates water service to the premises suspended pursuant to this Section,without the priorwritten approval of the Water Utilities Manager. Section 28-57.15. Non-emergency Termination of Water Utility Service A) The Water Utilities Manager may terminate the City provided water supply of any user who violates the following conditions: 1) Refusing the Water Utilities Manager reasonable access to the water user's premises for the purpose of inspection; 2) Hindering or denying the Water Utilities Manager access to backflow prevention assemblies; 3) Failing to install maintain, or test backflow prevention assemblies as required by the Water Utilities Manager and this Ordinance; or 16 G:1 CG\ORDINANC\AMEND1ch28likoct28-57.wpd 4) Failing to install, maintain, and operate their piping and plumbing systems in accordance with the City's Plumbing Code. B) The Water Utilities Manager will notify a water user in writing of the proposed termination of its water supply by certified mail, return receipt requested. The water user may petition the Water Utilities Manager for a reconsideration of the decision. C) Exercise of this enforcement option by the Water Utilities Manager shall not be a bar to, nor a prerequisite for, taking any other action against the water user. D) The Water Utilities Manager shall not reinstate suspended services until: 1) The person presents proof, satisfactory to the Water Utilities Manager, that the condition has been eliminated and its cause determined and corrected; 2) The person pays the City for all costs the City incurred in responding to the backflow or threatened backflow; and 3) The person pays the City for all costs the City will incur in reinstating service. E) A person commits an offense if the person reinstates water service to the premises terminated pursuant to this Section,without the prior written approval of the Water Utilities Manager. 17 G:1 CGIORDINANCIAAAEND 1ch28111smt28-57.wpd Section 28-57.16. Penalties A) Criminal Penalty: A person who violates a provision of this chapter shall be guilty of a misdemeanor punishable by a fine not to exceed two thousand dollars ($2,000), in accordance with §54.001, Texas Local Government Code. B) Civil Penalty: The City Attorney is authorized to commence an action for appropriate equitable or injunctive relief in a court of competent jurisdiction, in accordance with §54.012, Texas Local Government Code. Such relief may include: 1) A civil penalty not to exceed $1000 per violation per day. 2) Recovery for expenses incurred by the City in responding to a violation of this Ordinance; 3) Injunction to prevent a violation of this Ordinance; 4) All other damages, costs, and remedies to which the City may be entitled. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. 18 G:\CG\ORDINANC\AMEND\ch28111sect28-57.wpd Section 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of March, 2001. - Mayor - 19 G:\CG\ORDINANCWMEND\ch28111sect28-57.wpd