[Adopted 6-13-2022 by Ord. No. 22-01]
A.
The Town hereby establishes a cross-connection control program pursuant
to, and in conformance with the Delaware Department of Health and
Social Services, Division of Public Health, 16 Delaware Administrative
Code Chapter 4462, Section 21.0, Cross-Connection Control, as may
be amended from time to time, and which is incorporated herein by
reference. If any conflicts exist between the Town's cross-connection
control program and the Delaware Administrative Code, the more restrictive
regulations shall govern.
B.
The requirements of this cross-connection control program are intended
to meet or exceed the relevant requirements contained in the Delaware
Plumbing Code (IPC 2018) as well as the technical specifications and
the installation, repair and maintenance requirements contained in
the American Water Works Association (AWWA) M14 Manual, Third Edition,
2004, entitled, "Recommended Practice for Backflow" Prevention and
Cross-Connection Control."
The Town Manager or designee shall promulgate a manual which
shall be known as the "Town of Bridgeville Cross-Connection Control
Plan" (the "Plan"), which manual is hereby adopted and incorporated
by reference herein, and which may be updated and amended by the Town
Manager or designee from time to time. Compliance with the Plan and
the cross-connection control program set forth therein is hereby required,
and it is prohibited and unlawful to act in any manner that is inconsistent
therewith.
The Town Manager or designee is granted the authority to inspect
any and all water service connections served by the public potable
water supply, and to take appropriate action to ensure the integrity
of the potable water system. The frequency of inspections and reinspections
based on potential health hazards involved shall be established in
the Plan and in accordance with applicable state regulations. Duly
authorized representatives of the Town shall be permitted to enter
any building, structure, or property served by a connection to the
public potable water supply system of the Town to inspect for actual
or potential cross-connections or water quality, to test backflow
preventers, to conduct health hazard assessments, to inspect reclaimed
water or reuse water systems, and to identify hazards that could contaminate
the public potable water supply system. Granting reasonable access
to the Town and its agents to enter private property for such inspections
in order to administer the cross-connection control program is a condition
of receiving Town utility service.
The Town Manager or designee is hereby authorized and directed
to discontinue potable water service to any property wherein any connection
in violation of the cross connection control program exists and to
take such other precautionary measures deemed necessary to eliminate
any danger of contamination to the public potable water supply system.
Water services to such property shall not be restored until the actual
or potential cross-connection has been eliminated or until an appropriate
backflow prevention device has been installed in compliance with the
provisions of this cross-connection control program.
A.
All testable backflow prevention assemblies shall be tested initially
upon installation to be sure that the assembly is working properly.
Subsequent testing of assemblies shall be conducted at least once
every year for all service connections.
B.
The Town shall be responsible for the installation, testing, maintenance,
repair, and/or replacement of required backflow prevention devices
for all residential service connections. Residential service connection
customers required to utilize a backflow prevention device shall be
assessed a service charge.
C.
Water customers with nonresidential service connections shall bear
all expense of installing, testing, and maintaining the protective
devices required by the cross connection control program to ensure
proper operation on a continuing basis. Installation, testing, and
maintenance of protective devices shall be conducted by certified
personnel approved by the Town, and in accordance with the requirements
set forth in the Plan. Nonresidential service connection customers
shall keep records on testing, maintenance, and repair activities
related to cross-connection control and shall make such records available
to the Town or its agents upon request. Copies of all testing, maintenance,
and repair records shall be reported to the Town pursuant to the procedures
set forth in the Plan.
The Town is authorized to bill water customers or property owners
an amount equal to that incurred by the Town to perform services required
by this cross-connection control program. This includes, but is not
limited to, costs incurred by Town employees and third parties retained
by the Town.
This cross-connection control program does not supersede the
Delaware Plumbing Code, the Delaware Department of Health Plumbing
Rules, or any local plumbing ordinance but is supplementary to them,
provided that where conflicts exist, the more restrictive provision
shall apply.
Violation of the cross-connection control program may be prosecuted
or enforced by any or all of the following measures:
B.
The filing of a complaint for injunctive relief;
C.
The termination of any current utility service being provided by
the Town until such time as compliance is achieved;
D.
The installation, repair and/or replacement of a backflow preventer
by the Town, or its agents, at the cost of the water customer or property
owner; and
E.
Any other civil or criminal remedy available at law.
The provisions of this article are declared to be severable
and if any section, sentence, clause or phrase of this article shall
for any reason be held by a court of competent jurisdiction to be
invalid or unenforceable, such decision shall not affect the validity
of the remaining terms, provisions, clauses, sentences, or sections
of this article but they shall remain in effect, it being the legislative
intent that this article shall stand notwithstanding the invalidity
of any part.
